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Agenda 05/09/2023 Item # 2B (BCC Minutes 04/11/2023 R)
05/09/2023 2.B COLLIER COUNTY Board of County Commissioners Item Number: 2.B Doc ID: 25420 Item Summary: April 11, 2023, BCC Meeting Minutes Meeting Date: 05/09/2023 Prepared by: Title: Management Analyst II — County Manager's Office Name: Geoffrey Willig 05/03/2023 11:00 AM Submitted by: Title: Deputy County Manager — County Manager's Office Name: Amy Patterson 05/03/2023 11:00 AM Approved By: Review: County Manager's Office Geoffrey Willig County Manager Review Board of County Commissioners Geoffrey Willig Meeting Pending Completed 05/03/2023 11:00 AM 05/09/2023 9:00 AM Packet Pg. 13 April 11, 2023 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, April 11, 2023 LET IT BE REMEMBERED, that the Board of County Commissioners, in and for the County of Collier, and also a6g 0 as the Board of Zoning Appeals and as the governin (s) of such special districts as have been created ac 1 o aw and having conducted business herein, met o is ate at 9:00 a.m., in REGULAR SESSION in Buildin the Government Complex, East Naples, Florida, with the ing Board members present: irman: Rick LoCastro Chris Hall Dan Kowal William L. McDaniel, Jr. Burt L. Saunders )n, County Manager guez, Deputy County Manager j eiirey A. niatzkow, County Attorney Crystal K. Kinzel, Clerk of the Circuit Court & Comptroller Troy Miller, Communications & Customer Relations Page 1 April 11, 2023 CHAIRMAN LoCASTRO: Okay. Good morning, everybody. THE AUDIENCE: Good morning. CHAIRMAN LoCASTRO: No. Good morning, everybody. THE AUDIENCE: Good morning. CHAIRMAN LoCASTRO: Okay. Listen, we've got a 41ar�crowd. I just want to ask you before we get started, silence y1 phones, okay. We don't need to hear your favorite song, The Pink Panther theme. We all know it, okay. O But please silence your phones. And if you ne ake a phone call or do an extensive test, that's what the - that's what the hallway's for. So we've got a lot to cover is ing. We'll get start at 9:00 on time but would appreciate t at. hank you. (A brief recess was had.) MS. PATTERSON: Commissio have a live mic. CHAIRMAN LoCASTRO: Ok Good morning, everybody. We've got a full house. We've of as t on the agenda today. And so let's go ahead and get start . MS. PATTERSON: going to start with our invocation by Pastor James Boyd fro row Church Naples. CHAIRMAN LoCAS RO: Okay. And then our Pledge is going to be led t y by Jeanne Marcella, who is going to be recognized f y rs. She's the Transportation Management Services, dm ' tration Support Specialist. Is she here? Right up front. Th u go, okay. And I bet she knows every word of it. No ques Pa r. Item # IA INVOCATION GIVEN BY PASTOR JAMES BOYD — GROW CHURCH, NAPLES Page 2 April 11, 2023 PASTOR BOYD: Thank you. Father God, we come before you today in the name of your son, Jesus. We just thank you for this opportunity to pray before this meeting, God. We know that you said in your word that where o or more are gathered in your name, that you're in our midst, s+ know that right now you're in our midst, God. !b We see in your word that you surround your peopl 0 favor as a shield, so today we surround these commissione ry single person in this room, with favor as a shield, God. ank you for your presence in this place, God. We can't d i it out you. So we ask for wisdom today. You said i u word, when we ask, you give liberally to us, God. So w k iior wisdom in this place. We see in your word where .So sked for wisdom and you gave it to him but then you g everything else, too, God. So today, wisdom is in this c We pray for every single commissioner to have your w' today, Lord, in your presence in this place, God. So we u for such an opportunity to bring you in this place right of start, God. We know that today is going to create gre t opaortunities for this county, God. So we thank you for sp ing to us. We keep one ear open to you today and one ear o e to e agenda so that you can have your way in every deci 'on t takes place in this place, God. We to u and we thank you for this. In the name your son, Jesu , IRMAN LoCASTRO: Amen. �fhe Pledge of Allegiance was recited in unison.) COMMISSIONER McDANIEL: Outstanding. MS. MARCELLA: Thank you, sir. Item #2A — Continued to later in the Meeting Page 3 April 11, 2023 APPROVAL OF TODAY'S REGULAR, CONSENT AND SUMMARY AGENDA AS AMENDED (EX PARTE DISCLOSURE PROVIDED BY COMMISSION MEMBERS FOR CONSENT AGENDA.) - MOTION TO APPROVE BY COMMISSIONER SAUNDERS; SECONDED BY COMMISSIONER MCDANIEL AND COMMISSIONER It AL - APPROVED AND/OR ADOPTED W/CHANGES on MS. PATTERSON: Commissioners, I'll take c"' hrough our change sheet. 11 First, move Item 16H2 to IOD. This is a e ommendation to direct staff to prepare an LDC amendme repeal LDC Section 5.05.15, conversion of golf courses., eing moved to the regular agenda by the separate reges all commissioners. Several agenda notes. We adding Item 15B 1, which is a rock crushing update, to be he the end of the meeting. There's a scrivener'A rr ihh Item 16A9. The Property Appraiser uses 11-digit ' numbers, so the folio number of No. 377744880001 shoy�ld e 377742880001, removing an extra digit. And a c cti to the index title for 16C3. The index title contains a o. NCRQTP should be NCRWTP. We ha number of time -certain items. Item 1 OC to be heard imm following 5C. This is a recommendation to direct the Cl e Circuit Court to timely transfer $30 million to the State o ida for the State Veterans Nursing Home project. Item IOA will be heard immediately following 9A, which is a recommendation to adopt the Collier County Health Freedom Resolution, and Item 11 D to be heard no sooner than 1:00 p.m. as a recommendation to execute a new interlocal agreement between NM April 11, 2023 Collier County and the Greater Naples Fire Rescue District for continued management of the Ochopee Fire District. We have court reporter breaks scheduled for 10:30 and 2:50. County Attorney? MR. KLATZKOW: Nothing, thank you. MS. PATTERSON: Chair, changes from the Board an parte on the summary and consent agenda. CHAIRMAN LoCASTRO: Okay. Commission ®wal, do you have any changes or ex parte? COMMISSIONER KOWAL: Nothing on t sent agenda and no changes. CHAIRMAN LoCASTRO: Okay. Co ssioner Saunders. COMMISSIONER SAUNDERS: nk you, Mr. Chairman. I have no disclosure in terms of ex pia . On the consent agenda, Item �, sorry -- 16K5, one of the lawyers in my firm has been req t to help mediate a Bert Harris claim for the county. He's rn d several claims, mediated a claim for the city,same type cif Thin and so apparently he's been Yp g� pp Y recommended by -- I'm no�*ure if by the County Attorney or who he was recommended by, �ut he's recommended to be a mediator for the county for this iation. So I'd li e cord to reflect that I'm abstaining from voting on 16K5, d file a conflict report, though I really don't have any legal c 'ct. But just in the appearance of propriety, I wanted to fil sclaimer. IRMAN LoCASTRO: Perfect. Thank you, sir. ommissioner Hall. COMMISSIONER HALL: I don't have anything on the consent agenda. I do have, on 17A, one email. CHAIRMAN LoCASTRO: Okay. Commissioner McDaniel. COMMISSIONER McDANIEL: Yeah. I have no -- thank NM April 11, 2023 you, sir. I have no changes, and I also have a disclosure of meetings and emails on 17A. CHAIRMAN LoCASTRO: Okay. I have no changes to the agenda, no disclosures on consent, and 17A, I have emails. COMMISSIONER KOWAL: Can I -- just for the record, ZN" 17A, I just -- I didn't refer to that, but I do have emails. �+ CHAIRMAN LoCASTRO: Okay, sir. Got it. 'V COMMISSIONER SAUNDERS: So do I, Mr. CIq an. CHAIRMAN LoCASTRO: Let the record shoes to Commissioner Kowal and Commissioner Saunder . demerits. COMMISSIONER McDANIEL: Good tMMoTnifia. Good morning, both of you. ' MR. MILLER: Mr. Chair, I duo gistered speaker for 17A. Do you want me to call hinPaf%th time? CHAIRMAN LoCASTRO: (&ay. MR. MILLER: Yeah. .s it Cragh, Cray? C-r-a-g-h? This slip came late. Ther�s ssibility he's upstairs. I'm having -- CHAIRMAN LoCAWRO: Is that appropriate we do 17A right now? MS. PATT SON: Yes, sir. MR. MI R: Yeah, summary agenda before we set the -- CHA LoCASTRO: Yeah. MR. R: I don't know how you want to proceed. He coul airs. IRMAN LoCASTRO: Okay. We'll wait for him to come do ut let's keep -- MS. PATTERSON: We can -- so 2A would be when we approve the agenda and the changes. Let's hold that, and we'll go to 2B. NM April 11, 2023 Item #2B BCC REGULAR MEETING MINUTES FOR MARCH 14, 2023 APPROVED This is the March 14th, 2023, BCC meeting minutes. lbw COMMISSIONER McDANIEL: I'll make a motion f, approval. 0 COMMISSIONER HALL: Second. CHAIRMAN LoCASTRO: Okay. I've got ion and a second. All in favor? COMMISSIONER HALL: Aye. COMMISSIONER McDANIEL: CHAIRMAN LoCASTRO: Aye COMMISSIONER KOWAL., . COMMISSIONER SAUND Aye. CHAIRMAN LoCASTDbosed? (No response.) Y*Md " CHAIRMAN LoCA RO: It passes unanimously. MS. PATTERSOI� : County Attorney, are we okay to proceed with our service ard? MR. KL� W: Yes, we'll just table this, 17A, until the individual o1nNdown. MS. RSON: Okay. Do we want to just hold the appr e rest of the agenda or just 17A? NIKLATZKOW: Yeah, let's just wait. S. PATTERSON: Okay. All right. Item #3A2a AWARDS AND RECOGNITION - 25 YEARS — JEANNE Page 7 April 11, 2023 MARCELLA - TRANSPORTATION MANAGEMENT SERVICES - ADMINISTRATIVE SUPPORT SPECIALIST II — PRESENTED MS. PATERSON: We're going to move on to employee awards and recognitions. Item 3A2a was continued from the March 20th, 2023, BCC meeting. This is a 25-year award to JeawTe Marcella, Transportation Management Service, Administrative Support Specialist III. Congratulations. O CHAIRMAN LoCASTRO: We'd like to know e you were two weeks ago. We need a full report. (Applause.) CHAIRMAN LoCASTRO: In the Air F c Y , we call 25 ears y colonel. Here you go. Congratulations. MS. MARCELLA: Thanks. . CHAIRMAN LoCASTRO: MS. MARCELLA: CHAIRMAN LoCAS (Applause.) CHAIRMAN LoCA V let's go. MS. PAT move on to Item #4A tions. Yes, ma'am. for your service. Let's not break up the awards, so I ON: That was our only award. We're going to Kions, okay. TION RECOGNIZING SUNLIGHT HOME OF COUNTY. ACCEPTED BY CAROLYN BOTT, ENT — ADOPTED MS. PATTERSON: Okay. Item 4A is a proclamation recognizing Sunlight Home of Collier County. To be accepted by NM April 11, 2023 representatives of Sunlight Home. (Applause.) CHAIRMAN LoCASTRO: Ladies, would one of you like to say a few words? At the podium. MS. ZINGALI: I'm Diane Zingali. On behalf of the bo4ro directors and staff, I would like to thank the Collier Count +oard of County Commissioners for recognizing Sunlight Home 1 s work in helping underprivileged moms and babies find their w4y in a difficult and dark time in their lives. We provide +me ith a safe home and a ray of hope for their future. Sun ' t has provided a shelter in the storm for these wome a d girls for the past 29 years. We look forward to continuin r work in Collier County, and thank you again for there n. CHAIRMAN LoCASTRO: tely. (Applause.) CHAIRMAN LoCAST just want to say, it's another great organization in the com at sometimes people don't know much about because they ou know, you visit the beaches. This is paradise. Everyth'ng'sAreat. But, you know, we have the same challenges in o mmunity that they have anywhere else. And I know I recen isi d and highlighted you in my newsletter, and I know som of other commissioners did as well. Than so much. Your organization is just magnificent. We'roQ y to have you in the community. 3yZINGALI: Thank you very much. pplause.) MS. PATTERSON: Commissioners, we're going to hop back to 2A. Our speaker waived and is not going to be -- MR. MILLER: He was here in support. NM April 11, 2023 Item #2A — Continued from earlier in the Meeting APPROVAL OF TODAY'S REGULAR, CONSENT AND SUMMARY AGENDA AS AMENDED (EX PARTE DISCLOSURE PROVIDED BY COMMISSION MEMBERS CONSENT AGENDA.) —MOTION TO APPROVE BY COMMISSIONER SAUNDERS; SECONDED BY COMMISSIONER LOCASTRO —APPROVED AND/010 ADOPTED W/CHANGES _5 MS. PATTERSON: So Item 2A is the appr today's regular, consent, and summary agenda as ame COMMISSIONER SAUNDERS: Make motion to approve. COMMISSIONER McDANIEL: S c d. CHAIRMAN LoCASTRO: Ok &ion and a second. All in favor? �. COMMISSIONER HALL: COMMISSIONER Mc L: Aye. CHAIRMAN LoC . Aye. COMMISSIONER K AL: Aye. COMMISSI EWSAUNDERS: Aye . oCHAIRM CASTRO: Opposed? (No r e s CHA AN LoCASTRO: It passes unanimously. 01 Item #4 PRO LAMATION RECOGNIZING THE BARGAIN BASKET TH IFT STORE AS RECIPIENT OF THE WASTE REDUCTION AWARDS PROGRAM (WRAP) AWARD, FOR CONTRIBUTING TO THE GREATER GOOD OF COLLIER COUNTY BY ADVOCATING THE "REDUCE, REUSE, RECYCLE" MESSAGE, Page 10 April 11, 2023 THEREBY HELPING TO PROLONG THE USABLE LIFE OF THE COLLIER COUNTY LANDFILL. ACCEPTED BY SAMANTHA ARAGO AND BILL JOHNENNING AND REPRESENTED BY JONATHAN BARTOS FROM OUR SOLID AND HAZARDOUS WASTE MANAGEMENT DIVISION — ADOPTED .0%., - MS. PATTERSON: Item 4B is a proclamation recognizing the Bargain Basket Thrift Store as recipient of the Waste Reduction Awards Program for contributing to the greater go Collier County by advocating the "Reduce, Reuse, R c essage, thereby helping to prolong the usable life of th llier County Landfill. To be accepted by Samantha o and Bill Johnenning, and represented by Jonathan Bartos r olid and Hazardous Waste Management division. Co tions. CHAIRMAN LoCASTRO: i you want to say anything or -- thank you. (Applause.) Item #4C PROCLAMA 1�ESIGNATING APRIL 9 - 159 20239 AS NATIONAL LIC SAFETY TELECOMMUNICATORS WEEK. ACCEPT SHERIFF KEVIN RAMBOSK, COLONEL JIM BLOOf, IEF GREG SMITH, CAPTAIN CHRIS GONZALEZ, MA NAG AMY TUFF, AND SEVERAL 911 COLLIER LINTY TELECOMMUNICATORS — ADOPTED MS. PATTERSON: Item 4C is a proclamation designating April 9th through 15th, 2023, as National Public Safety Telecommunications [sic] Week. To be accepted by Sheriff Kevin Page 11 April 11, 2023 Rambosk, Chief Greg Smith, Manager Amy Tuff, and several 911 telecommunicators. Congratulations. (Applause.) CHAIRMAN LoCASTRO: Okay, great. Sheriff, did you want to say anything? Please. I\rt4, SHERIFF RAMBOSK: Yes, please. Good morning, Mr. Chairman, Commissioners, staff. 'V Thank you very much for recognizing this upcoi ek as Telecommunicators Week. As you know, they are tmt emergency responders that intake calls, proviWd ion to fire rescue, EMS, and law enforcement to get theest response, and they actually participate in saving lives.to recognize them for the great work that they do for C ier County and thank you again for recognizing them this wee. you. CHAIRMAN LoCASTRO: ou, sir. (Applause.) Item #4D PROCLAMATION DE I ATING APRIL 2023 AS WATER CONSERVATIO M NTH IN COLLIER COUNTY. ACCEPTED BY HOWAR DON, WATER DIVISION DIRECTOR — ADOPTED P TTERSON: Item 4D is a proclamation designating Apr as Water Conservation Month in Collier County. To be t by Howard Brogdon, Water Division Director. Applause.) CHAIRMAN LoCASTRO: They abandoned you. Come on. Get up here. You're going to leave him up here alone? Did you -all want to say something? Page 12 April 11, 2023 MR. BROGDON: Thank you. CHAIRMAN LoCASTRO: All right. Thank you. MS. PATTERSON: Commissioners, if we could get a motion to approve the proclamations, please. COMMISSIONER McDANIEL: So moved. COMMISSIONER SAUNDERS: Second. COMMISSIONER KOWAL: Second. CHAIRMAN LoCASTRO: All in favor? 0 COMMISSIONER HALL: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN LoCASTRO: Aye. COMMISSIONER KOWAL: Aye. COMMISSIONER SAUNDERS: CHAIRMAN LoCASTRO: Op (No response.) CHAIRMAN LoCASTRO: y. Accepted unanimously. Item #5A ARTIST OF THE MONT — COLLIER COUNTY STUDENT WINNERS OF; 4 KEEP COLLIER BEAUTIFUL CONTEST — PRESENTEIY,01 MS. PA-TTERSON: Item 5A is Artist of the Month. Chair, woul ike me to read, or do you -- IRMAN LoCASTRO: Sure. Yeah, you go ahead. S. PATTERSON: Okay. We are honoring several talented Collier County students as our April Artist of the Month. These students are winners from the -- CHAIRMAN LoCASTRO: Wait a second. Wait a second. Do we have the -- Sue, come on up here. Let's see, we have some of Page 13 April 11, 2023 our artists up here? Come on up front. Come on. We want to see who you are and recognize your talent. Okay. I didn't think there were that many. Everybody, go back. No, I'm just kidding. I'm just kidding. Somebody pointed to two people. Come on up front here and face the crowd so we can see the talent that we have here in our county. Commissioner McDaniel just did color by number On he was a kid. That was it. This is the real thing. This is ao art. COMMISSIONER McDANIEL: There had blanager, lines. CHAIRMAN LoCASTRO: All right. u go ahead. MS. PATTERSON: These student e the winners for the 2024 Keep Collier Beautiful Calendar . Here to tell us about Keep Collier Beautiful is presidenf%,L erg. CHAIRMAN LoCASTRO: Q y. (Applause.) n MR. BERG: Thank Toth, Commissioners. Since 1996, Keep Col1;-r Beautiful has been working with -- in catalyst with businesseV government leaders, and professional associations to nize education and outreach projects that touch our children. �, Thro h 'r efforts, hundreds of thousands of hours have been spent re mo litter and debris from our precious waterways within the couni One of my favorite ways that we have engaged children in our enviionment is through their art. For over two decades, Keep Collier Beautiful, in collaboration with the Collier County Solid Waste/Hazardous Management division, has been giving presentations on protecting our environment right here in our schools in asking our children to submit art projects for inclusion in the Page 14 April 11, 2023 annual art contest. All levels of students from kindergarten through high school are included, and we make sure every voice is heard. Let me tell you, this year, 1,000 pieces have been entered into the contest. So the biggest event we had in the history of Keep Collier Beautiful. _NA we had -- volunteers had a very difficult task to break it dow winners and 12 runner-ups. -"b" I would just like to applaud all the art teachers whr � incorporated this into their curriculum and all the ded* students that cared enough about our environment to subm44he#*r artwork. Additionally, the students will be receivi a med copy of their artwork, a certificate of appreciation, and Tt a gift card to spend this summer. So we'd like to thank everyone for, pating and, as you see by the artwork that's on the walls, � 6rybody did an outstanding job, so thank you. (Applause.) CHAIRMAN LoC I I just wanted to say something before -- Business of the th's going to be next. MS. PATTERSOl*. ep. CHAIRMAN LoCASTRO: I just wanted to say something about the pro a ations and the awards that we give. Those of you that are o oc edia, Maria, who takes our photos, her and her office will 1 these online, and you'll see them on Facebook later toda it always disappoints me when -- you know, and it's only on two citizens. They'll put, like, an angry face, and they'll say, oh, it's great that, you know, you spend 30 minutes giving out awards, but what are you doing about affordable housing and red tide and construction? You know, get to the business of the county. This is the business of the county. Those folks that accepted a Page 15 April 11, 2023 water award, that's not just a frame and a piece of paper. That's effort. That's work. These are incredible students that are going to be sitting up here one day. When we give out, you know, other awards and proclamations to Sunlight Home, that is the business of the county. So to those one or two people sitting on the couch telling us, you know, what we need to be doing at the county, these are fol at are doing it. So these aren't fake awards in $2 frames. Th' is thank you for a lot of hard work, and so I applaud all of yo (Applause.) Item #5B PRESENTATION OF THE COLLIER TY BUSINESS OF THE MONTH FOR APRIL 2023 RIL INSURANCE GROUP. THE AWARD WILL BE ACCfEY ANDREA GALT, MARKETING & PR DIRECT SARA BARCAROLO, DIRECTOR OF HUMA . ALSO ATTENDING ARE MICHAEL DAL R& CEO, AND BETHANY SAWYER, VICE PRES D BERSHIP & INVESTORS, T G EATER NAPLES CHAMBER OF COMMERCE P ENTED MS. ERSON: Item 5B is a presentation of the Collier Coun us ess of the Month for April 2023 to Galt Insurance Gr e award will be accepted by Andrea Galt, marketing and di ctor, and Sara Barcarolo, director of Human Resources. Also atte ing are Michael Dalby, president and CEO, and Bethany Sawyer, vice president of membership and investors, the Greater Naples Chamber of Commerce. CHAIRMAN LoCASTRO: Who's Galt? Which one's Galt? Page 16 April 11, 2023 So what a coincidence, your name -- your last name is the same as the insurance company. I mean, that's -- how does that happen? You're welcome to tell us a little bit about your company from the podium if you'd like. Mr. Miller, if we've got people up in the -- just to let people know, there are seats down here now. If there are people, w et word to them. MR. MILLER: We have about 30. 0 CHAIRMAN LoCASTRO: Okay. They can on down. MS. GALT: All right. Good morning. T ou so much. This award actually makes all the hard work So I'm up here for my husband. My hus n , hristian Galt, actually founded Galt Insurance Group a t some 20 years ago in Naples. And now we -- we work, an rown into a large team of agents, and we write insurance in 3 tes. So our corporate office is lode on Fifth Ave right down the street. And we've seen so m anges and earned the ability to protect our beautiful are ep the commerce strong. So we appreciate all of you. Galt Insurance offers commercial insurance for all the business owners and continues to expand our operations by providing the best training. O s eciarlty will always be built on homeowners insurance d insurance, as -- just as it was in the beginning. And Ion s short, we promise to continue to learn, to educate, and impr e experiences one client at a time. ank you, and it's been an honor serving Naples families an sinesses. Thank you. (Applause.) CHAIRMAN LoCASTRO: Where's Mr. Galt? He's home warm in his bed, and you're here doing the heavy lifting? MS. GALT: He's at an insurance seminar. Page 17 April 11, 2023 CHAIRMAN LoCASTRO: Is he? Is he? MS. GALT: Yes. MS. BARCAROLO: And as the HR director, I just wanted to echo Andrea's comments by saying we have a team of 20, six of which are born and raised in Southwest Florida. So we like to r v n the talent that Southwest Florida has created over these past f WL 1 decades, myself included. And thank you very much for b recognized. 0 CHAIRMAN LoCASTRO: Thank you. Than (Applause.) Item #5C PRESENTATION OF THE 2022 DRI WATER PLANT OPERATIONS EXCELLENCE W RECOGNITION OF OUTSTANDING TREATMENT T OPERATION, MAINTENANCE, AND CO CE FOR THE COLLIER COUNTY NORTH REG ATER TREATMENT PLANT FROM THE FLORIDA TMENT OF ENVIRONMENTAL PROTECTION. TO B A CEPTED BY HOWARD BROGDON, DIVISION DIR O , WATER, PUBLIC UTILITIES DEPARTME — ESENTED 8< MS. ERSON: Item 5C is a presentation of the 2022 Drin ' er Plant Operations Excellence Award in recognition of ou g treatment plant operation, maintenance, and compliance f h ollier County North Regional Water Treatment Plant from the orida Department of Environmental Protection. To be accepted by Howard Brogdon, Division Director, Water, Public Utilities Department. Congratulations. (Applause.) April 11, 2023 Item # 1 OC RESOLUTION 2023- 69: THE CLERK OF THE CIRCUIT COURT TO TIMELY TRANSFER $30 MILLION TO THE STATE O� FLORIDA PURSUANT TO THE TERMS OF THE MEMORANDUM OF AGREEMENT AND ESCROW AGREEMENT FOR THE "STATE VETERANS' HOME" PROJECT USING INFRASTRUCTURE 54LAS SURTAX FUNDING AND AUTHORIZE THE NECESSAFALWJDGET AMENDMENT (FUND NO. 318) - MOTIO (T*PPROVE WITH CHANGES THAT INCLUDED CONFIRMA �OF REMOVAL OF 7, 1 ST WHEREAS ADD "SOME", 2 HEREAS ADD "POSSIBLY" AND CHANGES IN R OMMISSIONER HALL; SECONDED BY COMl ADOPTED (COMMISSIONER R MCDANIEL - ERS OPPOSED MS. PATTERSON: bmhiissioners, this brings us to the first of our time-certains. Thi Item 5C [sic], recommendation to direct the Clerk of the Ci cult •- I'm sorry -- Item 1 OC, which is a recommendatio direct the Clerk of the Circuit Court to timely transfer $30 w:Aon to the State of Florida for the State Veterans Nursing H me j ect. This item is brought to the agenda by Commissio aunders. LoCASTRO: Okay. Commissioner Saunders, ors yours, sir. MMISSIONER SAUNDERS: Thank you, Mr. Chairman. 'This is obviously a big step for the county, sending a $30 million check to the state, or a wire transfer, I guess, is the way it would work. It really is a big deal. And the Clerk of Courts has raised some interesting questions. Page 19 April 11, 2023 I know she is still evaluating that, obviously, to make sure that the public interest and the taxpayers of Collier County are protected, and hopefully we will provide her the cover she needs to send the funds to Tallahassee on or before May 1 st. I'd like to -- and, again, this is a big deal for the Commissio 0 make this determination. So I'd asked John Mullins if he wo come forward, with the permission of the Board, to kind of lain why we need to send this money up today on a project t Oight be a couple years away in terms of actual construction, an ink the Clerk also needs to hear this type of information. So thank you, Mr. Chairman. CHAIRMAN LoCASTRO: Yes, sir. Mr. Mullins. MR. MULLINS: For the record ullins, your director of Communications, Government, anal Pi, 'c Affairs. And if you recall last month splayed a ranking sheet before you on the visualizer. The fo rather small. My spectacles were on top of my head ' s bf in front of my eyes, so it was even hard for me to read. But I'm here to explain better how that ranking system works and to show yo benefit of having money in hand as a state applicant as se to not having money in hand as a state applicant when appl ing the construction grant program. And this is very brief, and I try to keep it pretty high level. 1`d applications to the construction grant program are ranked the secretary of the VA once they're received based on throVnain criteria: The specific criteria in the Code of Federal Regulations, the application date -- and I'll revisit that here shortly -- and certified state matching funds up to 35 percent. Now, this ranking culminates in the annual priority list, which is what I showed you last month. Page 20 April 11, 2023 Now, the secretary will produce this list prioritizing all the applications received on or before April 15th, and that will also come into play here in just a few moments. Now, via the stewardship of our Senate president, FDVA anticipates receiving $500,000 from the legislature for the preliminary design and engineering work and plans to submit materials for VA review later this year well before the Apri th deadline for the next cycle. O Now, the application will also certify at that tim the state already has its matching funds in hand and unencu d, and that's an important distinction. Now, even if you have state funds in han or not, there are eight priority group lists that kind of set those i rder. Priority Group 1 applies to the states that have demo�st t they have the matching funds available for the nd on the ranking sheet that I showed you last month, there are roj ects in Priority Group 1 totaling $667 million. Those r all states that had money in hand. Priority Groups 2 t apply to all other grant applications, and Florida's pending req for a new facility in West Florida was in Priority Group 4 of tat list. Now, even ' ou have your funds in hand and you are placed in Priority Gro th e are still seven sub -priorities, and the reason why I'm b 'ngi up this minutia is because there have been several questions a okay, you're giving $30 million to the state, you're provd. Why are we not number one in the nation? Well, theMe use new construction is not at the top of the list for the VA. At top of that list is Sub -Priority 1 of Priority 1, which is remedies for cited life safety issues. This is fixing problems in existing facilities to take the threat of imminent harm away. Now, 1.2, which is the second level, are states without a construction grant for a state home. There has not been anyone in Page 21 April 11, 2023 that category for the last few years. The last state was Wyoming. They were the last of the 50 states to receive a grant, and that category is now clear. 1.3 is where the State of Florida would be if they can certif that they have their state funds in hand because they are a state of a defined great need, which is an unmet need of 2,000 or more So that's where Florida would be, pretty close to the top. Now, when you look at great need, because there a ler states that may qualify in this category, you'll see that Flori course, is in the lead with a deficit of over 2,900 beds for ve Texas, though, is right on our heels; they are also cat ri s great need. And California is on the cusp of entering that to ory. Now, you may ask, what happens if ri a and Texas apply in the same cycle? If that happens, it is based upon who applied first which, again, demon e need to get the application in as early as possibl . Now, this is the list that o ed you last month, and on it I demonstrated that if you n in Priority Group 2 and, in our case Priority Group 4 ranked 2, if you had had state money in hand during that cycle, you vyiould have jumped all the way up to No. 3, because if you 1 at the top of that list, there were only two projects ahead of you .1, hich were remedies for life safety in both cases, and then y u'1 tice the absence of 1.2 states without a grant, because th sn't exist anymore, and then 1.3 states "with great need ne applied in that cycle that had great need that d ted that they had funds in hand. Had Florida had funds in ha ey would have been right there. And I hope that sheds a little bit more light on the need of having state funds in hand early as possible to facilitate the grant application going in, receiving federal feedback in plenty of time to make any revisions before the April 15th deadline. Page 22 April 11, 2023 COMMISSIONER SAUNDERS: Thank you, Mr. Mullins. And, Commissioners, the reason I wanted this to be clarified is it's important for the Clerk to understand why this money needs to be sent to Tallahassee so quickly, because we have a project that could be under construction in two years. It could be under constructs in three years. We just don't know the ultimate timing. And s I+ question is, well, why would we send $30 million to Tallah e to sit in an escrow account, an interest -bearing account, w e don't have a project that has yet been funded by the fed rnment? And that explains why this May 1 st deadline is cri ' important to get those funds there. And so we're going to have to work with lerk over the next g g h couple of weeks to make sure she has the fort to wire transfer those funds, because the state does �h e for handling those funds. It's .2 percent. So it's a st AaN fee. And, of course, the Clerk has raised a good question* y should we pay the state a .2 percent fee on the funds th 're holding when we could hold them here at no cost? The answer is, if we t this project to move forward and receive the 60- to $70 million in federal funding for this project, then we have to send �se funds up the way that it's been described. That way the ds e totally unfettered. They're in hand and ready to be depl e . Now, ood news is that those funds, if there is no project, the contr t the state is that they return all those funds with interest milt .2 percent handling fee to us immediately. There's no del in that. Nhe other good news is that before the state can even disburse those funds, the Florida Legislature has to approve that. So we have a couple protections there. We just need to make sure the Clerk is comfortable with those funds being forwarded up. Page 23 April 11, 2023 So, Mr. Chairman, my motion would be -- I don't know if we have any registered speakers. MR. MILLER: No, sir. COMMISSIONER SAUNDERS: My motion would be, then, to approve the -- moving forward with the project and give direc n, or whatever the proper word would be, to the Clerk. I see sh ' smiling back there. Request the Clerk to send those funds Tallahassee before May 1 st, 2023. 0 CHAIRMAN LoCASTRO: Second. COMMISSIONER McDANIEL: Third. CHAIRMAN LoCASTRO: All in favo COMMISSIONER HALL: Aye. COMMISSIONER McDANIEL: CHAIRMAN LoCASTRO: Aye COMMISSIONER KOWAL. I . COMMISSIONER SAUND Aye. CHAIRMAN LoCAST pposed? (No response.) CHAIRMAN LoCA O: It passes unanimously. I wanted to make Vcomment. I want to thank Commissioner Saunders, you , for his leadership. This is, obviously, a location in hiffjstrilK, but it affects the entire county, but -- and, really, all e c missioners have had efforts in getting this done, but it's really b ith Commissioner Saunders' leadership. And nobody kn s Tallahassee better than Commissioner Saunders. So w we go up there, it's great that we get our foot in the door a little bi ker because they really have a respect for him as well. Now, I want to thank Mr. Mullins. When we just went up there to Tallahassee, it was obvious that this was on everybody's short list to not only talk with all of us -- and they were impressed that all five of us came up, and it was primarily for the VA nursing home. But Page 24 April 11, 2023 thank you for your leadership. And to Ms. Kinzel, her job is oversight, so everybody's doing their job here to make sure everything's done properly. But, you know, I would just add anecdotally, Governor DeSantis' lead person for the veterans nursing home is General Hartsell, who's a retired Marine Corps two -star. And one of tlf;�v things he said to me off-line is what jumps you on that list is couple of things: The money, the land. But the money show O commitment. It shows our sense of urgency. It sho at we're serious in moving forward. And one of the reasons why a lot of couVtTrr"In se 't taken the lead the way we do is maybe they don't have s or they're a bit tentative. But it's been our strong Comm' en and the strong commitment of the leadership of the. c at is moving this forward, and we'll get the veteran - I home sooner than later and, certainly, sooner than mayb ould have had it 10 years ago. I mean, maybe when it wasn't on the board. So thank you to all, u know, everybody's doing their job here, and we're going to sure that we get the best bang for our buck. And you certain.] can see the need here in Florida, long overdue. So thin you to everybody, and it passes unanimously. Thank you. (App�us . Item q C COMMENTS ON GENERAL TOPICS NOT ON THE CENT OR FUTURE AGENDA MS. PATTERSON: Commissioners, that brings us to Item 7, public comments on general topics not on the current or future Page 25 April 11, 2023 agenda. MR. MILLER: I have two registered speakers for this item, Jesse Karen, and Bill D'Antuono. I don't know if I'm saying that right. If you'll come up to the microphones, gentlemen. If you'll come up, one to each microphone. Jesse, you would be first, followed by Bill. If you'll begi* b& stating your name, please. MR. KAREN: Good morning, Commissioners. Cktain Jesse Karen, Collier business owner for 18 and a half year5aissue. Na president of the Collier County Guides Association. I wanted to come to you today because a There's about 100 or more users operatingthei sies inside the county boat parks that do not have the ne sary permits or insurance to do so. So instead of enforcing perm' e are considerations that the 200-plus properly licensed busine e should be cut down, thus putting some out of business. t now there are no means or methods for enforcing the Ve nits that businesses are required to have. I think it would mal* more sense to try and figure out a way to enforce those permit�#oto reduce the numbers in the parks rather than punish the .nesses that are in compliance. There ar rk ngers but, unfortunately, they have told me they have o e rcement abilities whatsoever when it comes to the permits. ave been made to Parks and Rec on multiple occas' complain about specific non -permitted operators using the pa nd they told me flat out that they have no way to enforce it, no ero; that I should call Code Enforcement. We tried Code Enforcement several times, but it seems like unless there is an address with a sustained violation, it's very difficult. They, too, have no means or methods for enforcing the violations. So one of the problems is the permits can be placed on your Page 26 April 11, 2023 truck, your trailer, or your boat. So it's very hard for any authority to try and understand who is in compliance and who is not. If all the permits were placed on the vessels, it would be easy for any authority to look exactly at the vessel, see who has the permit, who doesn't, who has customers getting on and off the boat and doesn't have t t permit, okay. So right now I'm told that when someone is operatinrle park without a permit, they are trespassing; there's hundreds. ean, if not 100, there's 110, but there's a lot. Just in Goodla ne we have probably 25. So it's kind of -- it's kind of scary when t e 11 about closing some of the businesses to reduce the volume i parks. You know, we produce millions of dollars in t economy through sales tax and dollars that our visitors spend 're [sic] here. We surveyed our customers e last two and a half years and asked them if they would still o e if they did not have the tours available that they have. Se v even percent of our visitors said they would not return he did not have these tours to take, and that was pretty shocks to me. That's kind of scary. So I ask that you pease continue to help our tourism thrive and our businesses ell while we all try and find solutions to the problems. B4,Sone of the biggest problems is figuring out an enforcemeiat mod. Akp4RMAN LoCASTRO: I'm going to -- I'm going to just t41N tage of you being here. So when -- I thank you for being he . MR. KAREN: Thank you. CHAIRMAN LoCASTRO: The issue isn't lost on us, but when I hear very specific things like we have no way to enforce permits, I mean, I think we do have a way, so we might be doing it poorly. Page 27 April 11, 2023 But my question to you would be, if numerous calls were made to Parks and Rec and all this, do you have the names of the people? Because I want to know who's giving you that bad information saying, wow, I'm a park ranger, and I'm just out here, you know, watching cars and dolphins. I mean, you know, we're using tax er dollars to have -- and checking permits isn't like launching th e shuttle. It actually is possible to check permits. MR. KAREN: It is. O CHAIRMAN LoCASTRO: So do you have the -hies of the people so we can actually go to the -- see, one of t tgs -- MR. KAREN: I can. CHAIRMAN LoCASTRO: -- we're tryi o o at the county staff here is find where our deadwood is, le that say, yeah, not my job. Yeah, call your county col or whatnot. Do you have any of those details that you e with us to help us, you know, start -- or share those with o ow, Mr. Rodriguez, or -- MR. KAREN: Okay. CHAIRMAN LoC I -- Tanya. We have the right leadership here. MR. KAREN- Yoah, we do. CHAIRM oCASTRO: And part of a citizen speaking at the podium i e us do a better j ob as a county. Everything you just said at tua 's doable. MR. N: Yeah. MAN LoCASTRO: So I'm flabbergasted if we're le t cks sort of go in and go, first come, first serve, and then w ou show up with a permit, it's like, park's full of a bunch of illegal people but, you know, nothing we can do. I mean, that's not true, and if that's what's happening out there, then we want to take aggressive action. So don't leave here this morning without sharing -- Tanya in the back; raise your hand, Tanya. I want you to April 11, 2023 talk with her. And I want to get as much info from you as we have to the subject -matter expert. MR. KAREN: Okay. CHAIRMAN LoCASTRO: Because we share this issue, and we've been fighting it. MR. KAREN: Yes, we do. CHAIRMAN LoCASTRO: And exactly what you saA' what we don't want to have happen. People with permits are Dked out because the park's full of people who don't have. And u know, my understanding -- and it's not an understanding. ave been working hard. We didn't have a bunch of ra s t t ere years ago, and we do now. MR. KAREN: Nope. CHAIRMAN LoCASTRO: If *_� e doing is saying they can't do anything, then that's a probleappreciate you coming here and bringing this to our attent� .ease share that info, and let's figure out what we're doi ng. MR. KAREN: All hanks, Commissioners. I appreciate it. CHAIRMAN LoCAkS RO: Thank you, sir. Yes, sir. Thank you. MR. MI R:, My other speaker is Bill -- is it D'Antuono? MR. §A ONO: D'Antuono. MR. R: D'Antuono. You have three minutes, sir. ANTUONO: Good morning, Council. My name is B' uono. I run Offshore Naples Fishing Charters. It was run ou ayview Boat Ramp since 2017. Now we have formed the Collier County Guides Association, and I'm chairman of the board on that representing hundreds of people who are not here, maybe even thousands, that are guides and just citizens. One issue that -- I'm just talking about one issue today. I'm Page 29 April 11, 2023 going to try to keep it as short as possible. There's a major, major parking issue at Bayview right now. There's one construction company that's there before the sun comes up, and there's about 40 cars that show up every day, take up every single parking spot. They're double parking in trailer spots. There's a pontoon that s them up, and the pontoon doesn't have a pass. The sticker's the pontoon. And anyone that knows charter fishing, it's a six-pwaense or you have to have a certified vessel. They -- it's not erified vessel, and they're loading this boat with over 20 people i nd it's a hazard on the water. They're taking up eve spot during the week at Bayview. I mean, it's just -- you wan o a about Wild West, that's a -- that's a showdown at sun CHAIRMAN LoCASTRO: Tha ' rm. That's my term, Wild West Show. 44h� 4t, MR. D'ANTUONO: We ut that before. CHAIRMAN LoCAST 'Veah, I know. MR. D'ANTUONO- So, I mean, at the least, they should be bussed in, but t don't have the pass to even pick people up. And if they were going to have a pass and do it right, they would need at le five or six boats to accommodate for all those people. I me tlNs worse than all the jet skis, stuff, you know, the guides. T are not guides. This is a construction company that's doing n Keewaydin, I think, after the hurricane, or whatever t 'lding out there. But, I mean, I have a picture I could show o �30 guys standing on the dock in the morning. Y g Y g g CHAIRMAN LoCASTRO: Someone sent us that picture, at least me, maybe all of us, like -- MR. D'ANTUONO: I sent it in to Kowal. CHAIRMAN LoCASTRO: -- a day or two ago. Okay. Page 30 April 11, 2023 Yeah, we all got it. MR. D'ANTUONO: So, you know, guides and ecotourism is the backbone of this county's history, and it's been around longer than anyone in this room has been alive, so we should try to keep that tradition alive. And, you know, what's been going on the last t years here, you guys have been trying to move it forward so e�Ne can have a peace of mind and have a good experience at the1% ramp, and I just wanted to bring that issue to light, beca so's really a problem down there in the morning, so... CHAIRMAN LoCASTRO: Got it. Mr. Rodriguez, are we taking action? e that photo? I mean, it's pretty clear. MR. RODRIGUEZ: Good morning, o missioners. No, I did not see that photo, sir. It hasn't bee arded to me. CHAIRMAN LoCASTRO: We'll lk about it today. We lc need a better solution. It's com el� obvious, so -- it was just brought to our attention, but i ' a problem a long time, apparently. So I appreciate o coming in and telling us. We've got everybody we need. Thank you. MR. MILLER: Chair. for Item 7. CHAIRM� oCASTRO: Item #9A that was all my registered speakers Okay. O CE 2023- 18: AN ORDINANCE ESTABLISHING THE R COUNTY HEALTH FREEDOM BILL OF RIGHTS. (CO PANION TO ITEM l0A) - MOTION TO APPROVE WITH CHANGES THAT INCLUDE REMOVAL OF "EXPANSION" COMMENTS FROM THE LAST WHEREAS, ADD SPECIFIC STATE STATUTE REFERENCES TO THE SECOND TO THE Page 31 April 11, 2023 LAST WHEREAS AND CHANGE 3 VOTE REFERENCES FROM UNANIMOUS TO SUPER MAJORITY BY COMMISSIONER HALL; SECONDED BY COMMISSIONER SAUNDERS- ADOPTED MS. PATTERSON: Commissioners, that moves us to IA09A and its companion item, Item 10A. Item 9A is a recommend ion to consider adopting an ordinance establishing the Collier Qty Health Freedom Bill of Rights and its companion ite k A, is a recommendation to adopt a Health Freedom Resol Item l0A is sponsored by Commissioner Hall. CHAIRMAN LoCASTRO: I'm going to i e a little opening and a little setup here, and then I don't knA if ommissioner Hall has something that he wants to say. rst thing I want to say is we're all citizens up here. So ti some sort of magic court, you know, up here, and we're not r of the population. We're all citizens and, you know, we u nd the issues at hand here in the county. I'm really thankful :thl e've got people from both sides of the issue. You know, we'y� gotten emails from people this week and last week saying,, N w could you even hear something like this on the agenda? , o1 I The a Yorks in America is citizens put things on our agenda; I s is two weeks ago. And so it's not a matter of us sittin e saying, well, we don't want to hear that. I mean, if it's s ing that's important to citizens, it gets vetted and it gets on the ag da. I said in my newsletter this week, but I just want to talk about contacting county commissioners. So we got hundreds of emails. And citizen voice is very important whether you're here in person or not. But let me just separate a little rumor from fact. Getting 200 Page 32 April 11, 2023 emails from a partisan group that has a cut -and -paste email that doesn't have the person's email in the return address, it says "no reply," something, something, something. org -- I don't know about the commissioners here, but I think I speak for all of us, I want to talk to my constituents. So those of you that sent us hundreds of emails -- I mean, I'll just speak for me -- I want to be able to reply back to you. A*� I also want to hear your personal comments, not so all that one person typed, and then they just spit in 300 emai esses and sent it to me. And I've said that before. It does s s that 300 people hate or like what we are about to talk u , t nobody up here keeps score. This isn't the Super Bowldon't sit here and go, well, we got 800 fors and 200 against we better vote for. So for those of you that took tl�e t' end us personal notes and say, this is the reason why I 1 esolution and the ordinance or this is the reason why I hate it a en outline something, that's the kind of, at least, professio u know, conversation that I really respect; not just sort of b i p our in -box with a bunch of cut -and -paste emails and INPno ability to even reply to the person because we're locked oV. Also, I got ails from people this week that said, boy, I really would have - an d to -- I can't come in person, and I would have called in, t is all full. So that's fake news as well, because Zoom does 1 up. If we have 3,000 people on Zoom, then we're goin o r pizzas and have breakfast here in the morning, because w O*ng to hear from every citizen. you know, if you want us to be, you know, open minded and honest and have integrity, then I just say to the citizens out there, you know, speak with us with an open mind and also eloquence and do your homework and understand what we're passing. Sending us emails saying, you know, I'm not for something Page 33 April 11, 2023 because it does A, B, C, D, and E when it does none of those things -- I mean, I have no idea what side any of us are going to be on here, but this resolution doesn't ban a whole bunch of things. It gives choice; at least that's what the people on the pro side are going to say, and the people on the negative side are going to say somng else. But a lot of the emails that filled our in -box summarize,4 at was happening in here, and 90 percent of it actually wa Oue at all, and so that makes things difficult. So misinformatio ainly, is what makes our job, you know, a lot harder. But I would say to both sides today, let's rofessional, just like we were two weeks ago. Very impressiv w people on both sides -- we had a very open and honest co ' ersation regardless of what side you're on. This isn't -- w�'r Oprah, so we don't need cheers and screams and how 1 that. Let's -- you know, let's have an actual conversation li e e did. But for those of you that ble to make it here, you know, attendance isn't mandato now you're speaking on both sides for large groups of people. ut, you know, let's continue the professional discussion hat we had. And for those that might be watching or list g or if you take our message back, we all, you know, welco e m ' s and welcome messaging. And I'm not here to tell any ody w to contact us, but, you know, I'm here to give some advic what works the best or what helps us the best. It's thos things. know, talk to us, and we want to talk with you. And it's no ut, you know, how much you can blow up somebody's, you know, in -box with an email that somebody else typed and not even give us the chance to be able to reply back and ask questions and things like that. But having said that, Commissioner Hall, sir, the floor is yours. Page 34 April 11, 2023 COMMISSIONER HALL: Thank you, Mr. Chairman. So I brought this ordinance and the next resolution up to the public because this was the whole reason why I ran for this job. I stood in front of everybody two years ago and I said when the mandates came down in this county from the federal governmen forcing us to do this and forcing us to do that, shutting our bu i�ses down, forcing people to lose their jobs that they'd been ther years and had seniority because they wouldn't get a certain sh th t was mandated on them, that was just a violation, number a violation of personal liberty like I'd never seen in in this country. �, And so I brought the ordinance forth. Tli� ��rd'nance is a g county ordinance that basically follows stA law, that we want to make an ordinance in Collier County. anything changes at the state level, we have liberties p in Collier County. That's what the ordinance is for. Following the ordinance next agenda item is the resolution. The resoluti t law. The resolution is not anything that's binding, b ' is a resolve from the county commissioners, if we approve this, that says as a commission board, we're going to h your back as the people; we're going to protect and secure y r er nal liberty. I've h d e 'Is coming to me right and left saying, how can you even -- ho you even consider this ridiculous topic? Well, I can telly can consider this ridiculous topic, because if you want to ask, you're so welcome to. If you want to get a vaccine, yo t -- you get you one and do it proudly. If you want to close your business, you do that. You're free to do that. That's your choice. But if you don't, we want to give you the choice not to wear one, not to get a shot that hasn't been proved. You can argue with me all day long, but I got vaccinated when I was Page 35 April 11, 2023 a young child with -- for polio. I've never had polio. That was a true vaccine. The people that I know that had vaccines have had COVID. They have had it more than once. To me, that's not a vaccine. You can argue with me all day long, but for me to know that and notts, choose to do that or not to be mandated is important to me. �+ So the role of a government official is to protect and see the liberties of the people. You say, well, what about my f in? If you're running around loose, you're a public threat. No, at's the freedom that I have. You're free to stay home. free to wear a mask. You're free to do whatever, but whe o reedom infringes on my freedom to make my choice, t t an infringement on liberty. There's a difference between gier ty and freedom. Anytime freedom is infringed qn person's freedom, that's a violation of liberty, and I t ake that clear. That's what this resolution is about is a r o e for us in Collier County to make those choices. We made some mihe past. I said that in the last meeting, and I want to Namsure that Collier County doesn't make those same mistak s. Our rights iven to us by God. I've had emails saying, "document t anted to send him a picture of a $100 bill "In God We T st d say, there's your documentation, but I didn't. But o is are given to us by God, and our j ob is to protect and ose liberties that are given to us, and that's what we ho ptN with this ordinance and this resolution. AIRMAN LoCASTRO: Thank you, sir. (Applause.) Okay. Mr. Miller. MR. MILLER: Yes, sir. CHAIRMAN LoCASTRO: Okay. What's next? We're going Page 36 April 11, 2023 to start with public comment. MR. MILLER: Yeah. We have 51 registered speakers here and on Zoom, sir. We'll -- CHAIRMAN LoCASTRO: On Zoom. Zoom's not full? MR. MILLER: No, sir. CHAIRMAN LoCASTRO: Interesting. Wow. MR. MILLER: By the way, I'll check, but -- there is �, but I think it's 500. O CHAIRMAN LoCASTRO: Yeah. It's about 5 eah. That's what I thought. MR. MILLER: Your first speaker -- I' of to remind the speakers, please queue up and use both podiu I' also remind you, please, I know you're limited on you 'me, but don't talk too fast. The court reporter's taking do, e ord. We'll begin with Pastor Anth mas, and he'll be followed by Scott Riley. PASTOR THOMAS: T ou, Chairman and Commissioners. Today I want to shar ry quickly, and then I'm going to lead us in a time of prayer. oThe Prophet Daniel, one of the great Prince of Prophets looked thousands of years ahead in his prophetic scope, and he saw a 4a, and an evil day, yet he gives us a great promise of hope in th� ae, and he said that those who are wise shall shine like the bri ss of the firmament, and those who turn many to right , like stars forever and ever. s pray. Father, we thank you today for the power of your sp at's here right now. And, God, you said when the enemy comes in like a flood, the Lord will rise up a standard against them. And, God, we know that you've put leaders in office, and those leaders one day will have to stand before the king of kings and lord of lords and give an account of their leadership. As your word says, Page 37 April 11, 2023 when much is given, much is required. And, God, I'm asking right now, Lord, as we've seen a time and an age where, God, lies and deception and darkness has invaded our country, God, I thank you for Naples, Florida, and for Collier County, that, God, there are leaders that are willing to stand in the midst ZiN", this flood of evil. God, I'm asking today that you would strengthen the co commissioners here to make the right decision. Let the ine like the stars, as you said, and let them be that standard t _ nds against wickedness. God, we know that generations will look c t is time and, God, they will bless those who stood and, God h y will curse those if they fainted in the day of adversity. God, let it be said of our leaders t t they stood and they governed with righteousness and o' s and protected the people. In Jesus' mighty name, amen. od bless you. MR. MILLER: Your n aker is Scott Kiley. He will be followed -- oh, he's goinfg to e followed by Ann Vandersteel. Mr. Kiley's been ceded additional time from Marcy Daveas -- is it Pritzi [sic]? *#* MS. DAVEXS-PITZI: Yes. MR. MI R:; She is here. Also additional time from Jill Kiley. Kid. ) LER: Oh, there she is. Scott will have a total of nine '*% IR. KILEY: Good morning, Commissioners. My name is Scott Kiley, resident of Marco Island and a member of the COVID Tyranny Task Force. Commissioner Hall, I'm going to expand on your eloquent words this morning. Let's bring clarity to three questions: Why do April 11, 2023 we need a resolution, why do we need an ordinance, and why can we not merge the two together? Starting with why do we need a resolution. Let's walk through the nine major points of the resolution and, as we go, I will justify the need for every point. COMMISSIONER McDANIEL: Excuse me. �► MR. KILEY: Yes, sir. COMMISSIONER McDANIEL: We're voting -- ' not mistaken, we're hearing the ordinance first. So we'v t to stay on the ordinance right now, if I'm not mistaken, as a of order. CHAIRMAN LoCASTRO: We're he t together. MR. KLATZKOW: We're hearing both e s together; otherwise, you'll hear them twice. COMMISSIONER McDANIE�,: I'm sorry, Scott. Forgive me. I just wanted to ma 51- e were on task. MR. KILEY: Thank you, i Okay. Now and therefo it resolved by the Board of County Commissioners r County, Florida, that: Number 1, the first item, right to no ical mandates. Gentlemen, this is justified because i formed consent was denied. Testing transparency do of exist. Any mandate under these circumstance 1 1 ng blind trust to Big Pharma that has not earned our trust. Furth e use of a biological agent on civilians without info sent is considered human criminal experimentation and is o ion of international laws that protect human rights, incying the Nuremberg Code and the Geneva Convention. Last, hospitals, doctors, and pharma companies often have no liability and huge financial incentives to push new medications. This is an unacceptable conflict with mandating anything and in violation of our right to not be harmed, injured, or deprived of life Page 39 April 11, 2023 without due process of law under the 5th and 14th amendments. Commissioners, it is our resolve to never allow this again by working toward no medical mandates. Item No. 2, the right to no discrimination. If you did not get vaccinated, it turns out you were smart in not putting yourself a ' 1 for heart complications, autoimmune disease, and even sudde But today, if you need a medical procedure, should you be ed that procedure because you did not get injected? If we 1rov this nonsense to continue, they can mandate any treatme _ cedure, and humanity will be forced to comply. Commis ' s, we must resolve to preserve freedom of choice withou ' c ' i ation. Number 3, informed consent without inte e nce. Doctors have a personal history with their patientsiA _ I'm sorry; back up. The Nu rer b L�&e foundational element is informed consent. What do we�dc d for ourselves and our children? Of course, informed co gwft is a must -have under all circumstances. It is unconsc' e that any doctor would ever deny informed consent to thei t We resolve to assure our citizens will also receive informe .nsent. Point No. 4, the right of personalized care. Doctors have a personal history 'th their patients. They can weigh out all the circumstance a d ke a personalized healthcare plan in the best interest of he 'ent, not the hospital's bottom line. We resolve to never be su ed to anything less than personalized care created betwo patient and the doctor. p'Niber 5, the right to exclude third -party interference from the AIINA. We stand united against the W.H.O.'s attempt to subvert or supersede our constitutional rights, including usurping our bodily sovereignty and healthcare freedom. Number 6, the right to not be refused care based on vaccine history. The HIPAA privacy rules establishes national standards to April 11, 2023 protect individuals' medical records and other individually identifiable health information. Commissioners, we resolve to guard and protect medical privacy. Number 7, the right of free movement. Health vaccine passports must be prohibited in Collier County. Vaccine passpo are unconstitutional and an invasion of privacy. Of course, not want to live in a society where vaccine passports dictat4t evel of personal freedom. O Number 8, the right to a medical advocate. Mg4*9advocates allow a check and balance to hospital staff that m t it wrong. Medical advocates know your health circums ce at can impact treatment decisions. Medical advocates kno o r end -of -life wishes. It is our resolve to assure all Co ' r County citizens have the right to a medical advocate. Last, Point No. 9, the right t unlawful quarantine. Commissioners, in 2020, for the fi t 'me in history, we improperly and unlawfully quarantined t e thy, including children. This cost lives. It prolonged,0 emic. It crushed the economy. It served no purpose. It caused irreparable social and developmental harm to children, and we must never allow this to happen again. In closing, the question of why we need a resolution, so much of what was c m nded by our health officials over the past three years was ' co t and harmful. New pandemics will come, and we must do be The resolution highlights areas of concern and areas need' ovement. We will use the resolution to educate ci There's a lot of educating to do. We will rally. We will un pport within our county. We'll teach our Constitution and change state statutes that desperately need improvement. The second question: Why do we need an ordinance? Commissioners, we have Florida state statutes that provide some level of protection for citizens of Collier. These cumbersome, Page 41 April 11, 2023 hard -to -read, contradicting statutes, they get passed, and our Collier citizens are not aware of the benefits. By adopting our own health freedom bill of rights ordinance that reflects these state statutes, we can better educate and create awareness of the benefits to our Collier County citizens. Exam s: We will break out the most pertinent beneficial elements in to lengthy statutes, and we will make it easy for citizens to un tand. We'll teach citizens their options to opt their children o (f nedical mandates, and we'll show them how to complete the ss. We'll inform citizens of the rights against discriminatio workplace. We will shine a light on areas of state statutes t se a threat to our health safety, and we will mobilize citizens to et ac ive and create the change in Tallahassee. We will use f t is to make sure we are educated and prepared to fight bac t future government overreach, and it sure is coming. Our ordinance also rejects an a ority from the W.H.O. or any other international body. It i al that we spread this word around the state and the as the globalists are coming for our freedom. Collier County will be the beacon of freedom in all of Florida. And, finall , st -- the last question: Why can we not combine the ordinance e cu me, and the resolution? So, Commissioners, the resolution items that are preempted by state statutes. In Collier Co , we cannot preempt or supersede state statutes or state laws. Because of this, the two documents cannot be combined. e ordinance is legally binding and reflects state statutes. The re ion acknowledges areas needing improvement and our resolve to do better. Commissioners, thank you for your time. I hope this brings clarity to the need for both. Please protect our citizens and pass the Health Freedom Resolution and the Health Freedom Bill of Rights Page 42 April 11, 2023 Ordinance. Thank you. MR. MILLER: Your next speaker is -- CHAIRMAN LoCASTRO: I just would remind the other speakers -- we have 50 -- and thank you, sir -- if somebody has already said what you have said, there's no shame in raising your hand and saying, "I defer my time." I'm not encouraging tha . want to hear from everybody but, you know, if you're just goi g to repeat what the next person said and you don't feel like you need to do that, then you can just let Mr. Miller know, "I waive my time." Ma'am. MR. MILLER: Your next speaker is Ale steel. She'll be followed b Josh Yoder. Ms. Vandersteel' en ceded additional y y time from Carol DiPaolo. (Raises hand.) MR. MILLER: Back there. indy Marcozzi. (Raises hand.) MS. MARCOZZI: Pres MR. MILLER: She wil ve a total of nine minutes. MS. VANDERSTEEI , Thank you very much. Good morning, Honorab e Cc)lier County Commissioners, concerned fellow AmericaRgkpd to all my colleagues who are called to make sure that the isNhared like a mantra far and wide. It is h r to stand before you -all today to discuss the importance e Collier Health Freedom Resolution and the Collier Heal om Bill of Rights Ordinance. And in order to make this c d to detail the current global setting. d let me be clear: We are at war. The last three years have made that abundantly clear from government overreach, violation of our God-given, constitutionally protected human rights, and the exposure of the fascist evil of what government would have you believe is constituted in your best interest. The public/private Page 43 April 11, 2023 partnerships across the board have all been exposed to be the corruption on steroids, putting profits over people. I am Ann Vandersteel, president and chair of the Zelenko Freedom Foundation. Dr. Vladimir Zelenko, who stood in the breach for humanity early in the COVID-19 pandemic, delivere the world the Zelenko Protocol of hydroxychloroquine, azithrp n, and zinc for early treatment and intervention, proving efficatot only in his practice but for millions around the world. Oso exposed the evil and profiteering taking place with t lic/private partnership between the CDC, FDA, and the Big P ceutical medical -industrial complex. Two years ago, President Trump was ma a are of the success of Dr. Zelenko and what he was seeing, uAg_t e hydroxychloroquine clinically in hid p SChnd the President brought it to the world during the irus press conference stating that he had a good feelin Vhydroxychloroquine. Dr. Fauci's immediate re was to refute that narrative, declaring the double -- tjrN le -blind placebo -controlled trial was needed to be done.�athe failed to mention was that the NIH studied chloroquine back in 2005 as a potent inhibitor of the SARS-CoV virus. In a stu ubli6hed by that NIH in 2005, it was reported that chloroqui ha rong antiviral effects on SARS-CoV-2 infections. Those inhw effects were observed when the cells were treated with e either before or after exposure to the virus, suggesting b phylactic and therapeutic advantage. addition, chloroquine had also appeared to interfere with the virus' ability to bind to the ACE2 receptors, thus resulting in the inhibition of infection and spread of SARS-CoV at clinically admissible concentrations. The coverup of the deadly nature of these COVID shots which April 11, 2023 were ushered in under Operation Warp Speed has been made possible by the mainstream media, government agency employees, your elected officials and, of course, the big pharmaceutical medical -industrial complex. Let's talk about the toxic nature of graphene oxide, a substa present in these shots that Karen Kingston called out early in '21. I know because I was with her in Brandon, Missouri, n I found her one night at 2:00 a.m. poring over Pfizer doc s when she found that deadly graphene oxide was present in ots, and while explaining what it meant, she broke down i She knew it was what we would call a bioweapon then t t e ultimate result would be, as evidenced by the data, lies, n o fuscation of the adverse events reports we know it as -- w ow it to be true today. Several independent studies coed doctors and scientists have now confirmed that graphen is, in fact, present in these vaccines, but the manufacturers, me regulators, and so-called fact checkers have refuted the 'ms, most likely due to the known toxic effects it has on the For instance, Reuters, hich essentially supplies the news to the entire western world w�bout most people realizing it, stated in a fact -checking article published back in July 23rd of'21 that it is impossible for COVID vaccines to contain graphene oxide because they would either be dark brown or black in color instead of the clear yellowish they are. t Reuters fact checkers failed to mention is that when g oxide is combined with other ingredients such as sucrose, a lis gredient on the Pfizer COVID-19 vaccine, it's perfectly possible to produce a clear or yellowish -- I'm sorry -- liquid. I apologize. I'm used to microphones not working so well. Thank you. To further substantiate proof of this, the document published -- Page 45 April 11, 2023 CHAIRMAN LoCASTRO: I didn't mean talk lower. I just meant slow down, because Ms. Lewis here is -- you know, she's trying to get every word and hydrochloride, whatever, you know, is -- MS. VANDERSTEEL: Oh, sorry. CHAIRMAN LoCASTRO: -- it takes a couple of key you , you know. So you've got -- we're not going to cut anybody today. MS. VANDERSTEEL: Okay. Thank you. So Obut that. To further substantiate proof of this, a documen fished in February of 2023 by the U.S. Food and Drug Ad tion by order of the U.S. federal court and submitted to the A fizer to gain the emergency -use authorization confirms it is e ectly possible for toxic graphic oxide to end up in the COV 19 vaccines due to the manufacturing process. The COVID-19 injections ha I mpleted Phase 3 or 4 trials, so could not be fully approved in e mber of 2020. Instead, they had to be authorized for emer c use only. That is why it's criminal that they exten A to children considering we were at little risk of -- or suffers anything more than severe or common cold if infected with thgalleged SARS-CoV-2 virus. If the feder ourt judge had not forced the FDA to publish the documents, t y wo dn't have seen the light of day for 75 years, because th' is length of time the FDA actually requested on behalf of P that they be given to publish the documents under the Free nformation Act. ctually owe a debt of gratitude to a group of scientists and m 1 researchers who sued the FDA to force the release of hun reds of thousands of documents related to the EUA of the Pfizer-BioNTech COVID-19 vaccine. Sadly, one of the most recent documents published by the FDA confirms the use of graphene oxide in the manufacturing process, and April 11, 2023 the confirmation can actually be found on Page 7 in this document where it clearly states graphene oxide is required to manufacture the Pfizer COVID-19 vaccine, thus proving that the unelected bureaucrats of the unconstitutional for -profit agencies who are supposed to protect the public because they are the regulators o safety in testing and manufacturing of medicines, coupled wit t mainstream media, fact checkers, and Big Pharma corporat' like Pfizer, have conspired to deliver a faulty product at best bioweapon at worst, and they did all of this by lying of you. As to be very clear about how serious the col is between the Fourth Estate of government, known as th a tr am media, and their paymasters and Big Pharma is, Reute ontent is used by many news outlets, including CNN, ABCC8B , CBS, Fox, New York Times, Washington Post, The a Journal, and that's just here -- across the pond you have t , The Guardian, The Times, The Daily Telegraph, The Indepen e in the UK. So what have we learned? 11, thanks to the DOD, Department of Defense, 's' owers like Colonel Theresa Long, we gained access over a y ago to the gold standard of healthcare trend data. It's called ImMed, Department [sic] of Medical Epidemiologica tabase. It proved that in the first 11 months of the mandate V shots being administered to our military serviceme an omen, there was a 11100 -- on usand- one -hundred percent increase in vaccine adve is as compared to the previous 24 years. , according to Dr. Thomas Levy, a minimum of seven mi 'o Americans now have heart damage by COVID vaccines. And although there's no way of being certain at this time, Dr. Levy also said it's within the realm of possibly that over 100 million people in America have some degree of heart damage from the injections, not myocarditis, but heart damage that will be detectable with a Page 47 April 11, 2023 troponin test. Sadly, the U.S. and its global RICO corporately owned government partners are behind the coverup. The money being paid to our medical institutions, like Sarasota Memorial Hospital, for instance, a taxpayer -funded community hospital, has clouded the judgment of its medical professionals and staff so much so th t ti record profits last year also resulted in a record turnout by t community during public comment at the hospital boar Qtings demanding answers and, of course, cessation of the d CDC protocols that resulted in the unnecessary killing o loved ones. What has been made possible by uncons ' ti 1 aws giving liability protection to anyone administering th d y COVID protocols of the emergency -use -authorize emdesivir and ventilators has now been made clear that shoul� Ron DeSantis not re-sign that bill into law when it e � �June, all liability will fall upon the medical professional. N ore corporate liability shield. So you see, these excut was just following orders" defense fades quickly, juid during of the Nuremberg trials after World War II. What makes the uV& o Remdesivir indefensible is that in 2018 and 2019, the NIH and W.H.O. funded a clinical study in a Democrat Republic of the Congo conducting human trial experiments using Re esito treat Ebola, resulting in 53 to 86 percent fatality. The W.HAMV6n declared its lethality made it null and void. They woulk support this. CHAIRMAN LoCASTRO: You need to wrap up, ma'am. MS. VANDERSTEEL: Okay. CHAIRMAN LoCASTRO: Thank you. MS. VANDERSTEEL: Yet our government, Dr. Anthony Fauci, condoned it and put it forward. This is where we have to draw the line in the sand, ladies and April 11, 2023 gentlemen. What Commissioner Hall has presented and what you're being presented today with, the opportunity to pass a resolution and an ordinance to protect the safety of your constituents, is all about the local action having a national impact, something that General Fl nn has espoused for decades, in fact. And here in Collier County you are at the tip of the spea . u have the opportunity to lead the country out of the darkness prove that we the people can make the best decisions fo Oelves, that we the people, in fact, govern, and that you the c 'ssioners will do the right thing in listening and responding eople's wishes. CHAIRMAN LoCASTRO: Thank you, a a MS. VANDERSTEEL: Thank you much. MR. MILLER: Your next speak h Yoder. He'll be followed by Erin Olszewski. N Mr. Yoder's been ceded time Mary Azger or Alger. MS. ALGER: Alger. MR. MILLER: Aln you. And George Sewitt. Am I missing George? MR. SEWITT: Yeah, I'm here. I'm giving up my time. MR. MILL Oh, okay. Thank you. So Mr. er *11 have a total of nine minutes and be followed by Erin Ol ze i. MR. R: Thank you. Good morning to the Collier Cou mission. I would like to thank all of you for being here to for listening to these concerns that we believe are so important. It says a lot about your character, and I would love to see more leaders like you across the country. So my name is Josh Yoder. I'm the cofounder and president of US Freedom Flyers. I'm a major airline pilot. I never anticipated that I would be standing here speaking to a county commission as an April 11, 2023 airline pilot. But back in 2021 we had a devastating occurrence which was vaccine mandates that came to the airline industry. As pilots, as you know, we are very focused on our health, and we're very reluctant to take medications, anything that could potentially violate our fligts, physical, harm our health, and, therefore, harm our careers. The airlines, right, they took a totalitarian stance. On1 October 6th, my airline mandated the vaccine on mysel my colleagues, one of which is sitting over here, another nior captain at our company. And there was tremendo os within the airline industry. � I had alreadybeen seem vaccine in'urie`s�a]rr�on st some of m g J y g Y friends who had willingly taken the shot Ayin 2021. We stood up in force, first with just a few peoples t , then hundreds, thousands, tens of thousands acro t dustry. We stood up, and we pushed back for individual lib nd freedom, you know, the thing that we hold most dear i 1 country. As the year progres provided pushback. The airlines largely -- in part, they acc t d religious and medical exemptions when they had initiallyy►aid it was termination. No exemption was going to be allo It's because we stood up in force, and they knew that the ul 't afford to lose 20 to 25 percent of their workforce nd tinue to operate as companies. They didn't do it out of the ess of their hearts. They did it because we stood toge r tizens. That's what it means to be an American. Cat how this country was founded: Normal people who sto to their government, and they brought forward freedom, and they stood for what they believed in, and we're now experiencing the benefits of that even today. I'd like to tell you a few stories of some of my friends who have been vaccine injured just to bring -- just to highlight this issue. Page 50 April 11, 2023 So in the fall of 2021, my friend Cody Flint, he was an agricultural pilot out of Mississippi. You know, he did what the FAA told him to do. They said the vaccine was safe and effective even though they did no safety studies whatsoever. Cody Flint, he gets his first Pfizer shot on the side of the road -- on the side of road with no informed consent. Within minutes, he develop headache, a headache that continues to progress over the ne o days while he waited the mandatory 48 hours before he 0 fly an aircraft. He gets in his agricultural airplane. He take He's at about 200 feet going across the field. Both of his i r s pture at the same time. He loses all consciousness. He e 't remember landing his aircraft. There's now four do rs, four specialists -- two in Canada, two in the United States;-5Re said conclusively 34-year-old pilot Cody Flint's inju direct result of the COVID-19 vaccine. He's now le a wife and two young children, and he's unable to p&Y'F for his family. Soon after -- soon a lintbecame public with his story, another person came forty , Greg Pearson, a major airline captain. The first Pfizer shot, wi hin hours he's in the hospital in atrial fibrillation. Do 't know if he's going to be able to go home to his family. He t s s going to die. Fortunately, Greg pulled through, b t hi ying career is over. And so Greg, he came out. He became is as well. He started telling his story. n on April 9th we have Captain Bob Snow, an American Airtft tain flying an Airbus 321 with nearly 200 people on board from Colorado down to Dallas Fort Worth. That was American Airline 1067. Six minutes after the wheels of the aircraft touched down on the runway, they pulled into the gate, and Captain -- Captain Snow set the parking brake. They were in the deplaning process. As he Page 51 April 11, 2023 stands up to collect his bags, he collapses in cardiac arrest. You see, Captain Snow was one of those pilots who succumbed to the mandates and the pressure at the airline. And, as it turns out, he was diagnosed with something called subclinical myocarditis. This is inflammation of the heart muscle itself. And he had no sympto up to this point. This is what makes it so dangerous. ,Z� We know per studies coming out of Thailand that 50 -- niore than 54 percent of cases of myocarditis, which is a listed side effect on Pfizer's own documents, have no symptoms, meanin that the first symptom can often be sudden death. And as if that's not concerning enough, a n s udies have come out that said myocarditis, left untreated, as a 0 percent mortality rate within two years and a 50 p en mortality rate within five years. So you can understand the si it ce of that if an airline pilot has a subclinical case, doesn't re 1 �hey're affected. And what's even more concerning is that deral Aviation Administration, even though we notified t December 15th of 2021 via a 10-page letter signed by doctors, scientists, and lawyers and other experts -- we warn d th#m that this was going to happen and yet the FAA did nothin stop it. In fact, they encouraged pilots to go ahead and ge s and allowed the airlines to mandate it. So n seeing just an incredible fallout. I work with hundreds o is who are vaccine injured. Many of them afraid to com d, many having cardiac issues. overe just at an airshow, SUN 'n FUN airshow here La 1 d, Florida, less than two weeks ago. We had a booth there Q for six days, and over that six -day period, we had more than 50 vaccine -injured pilots come past our booth to talk to our doctors to get free consults saying, look, I'm still -- many of them still flying, afraid to speak up, afraid of losing their careers and being placed on Page 52 April 11, 2023 long-term disability, which is a fraction of what they would earn as a pilot. This is a problem. This is a maj or problem, and it all stems back to the fact that there was no informed consent and there were medical mandates. And, unfortunately, that doesn't just affect t pilots and the flight attendants. That affects you as passenge also affects everyone who's on the ground, you know, show ere be an accident, you know, leaving a major city. There are many -- too may counts to even discuss. I mean, back in November of 2019 -- or I'm s f 2022, there was a flight -- American Eagle flight leaving 'c 'Hare Airport. Ninety seconds after that aircraft wa c a ed for departure, the captain -- he was a captain in training e was joined by a very experienced check airman who was Sit ' e right seat. Ninety seconds after that aircraft was cle d departure, Captain Ford was deceased in the left seat. An i very fortunate that he wasn't flying with a brand-new first , someone who had -- you know, was new to the airplane. a very highly experienced gentleman. Did a perfec of bringing that aircraft back around and landing it. B t thus a near miss by anyone's terms. And, you , more and more cases have happened. You haven't heard ut em. We had seven pilot incapacitations just in the month f h alone, and those are the ones that made the media. T re others that have occurred. We just had a flight at en passed away just a few days ago in flight. I know of at le ses now of flight attendants who have passed away in fli t nd many more at home. This is a significant issue, and we need the -- we need the public to get involved. We need you to push back. I hope this helps you understand the severity of the impact of illegal mandates that were brought to this country. And it's not just Page 53 April 11, 2023 our industry that it's affected. It's you. It's normal people. You just don't hear about these deaths. You don't hear about these incapacitations and the medical issues because it doesn't make the news. That doesn't mean it's not happening. It is absolutely happening. And I would -- I would implore you to pass -- you know, to pass this resolution. You have a -- you have an option here to take local actlt at's going to have a national impact, just like Ann Vanderst ad. And I believe that I'm looking at a group of leaders. The hat you even -- you know, that you'll sit here and you'll lis this and that you'll take this into consideration says a lot a t r character, and I would just like to thank you so much for bein er today. MR. MILLER: Your next speaker rin Olszewski. She'll be followed by Sherri Palmer -Jennings, Erin has been ceded addition t v rom James Rosenberger. James, are you here? (Raises hand.) MR. MILLER: Sh rave a total of six minutes. MS. OLSZEWSKI: ood morning, Commissioners. Thank you, guys, so muc for having me here and also listening to all of us. It's very unhear these days. My na 1 Erin Olszewski, and I'm here in support of the Collier He lth edoBill of Rights Ordinance and the Health Freedom R��m tion. 1 tl�bit about my background and why it's important that you underst d how imperative it is that what I'm about to share with you is in your decision today. First, I'm a mom. I have three boys. I'm here to protect them, but I'm also here to protect and defend your children and grandchildren as well. I'm a registered nurse. I'm here to stand up for my patients and honor those who have died unnecessarily. Page 54 April 11, 2023 I'm an author of a book that is no longer allowed on bookshelves -- which I'm going to give each of you a copy to read -- because of censorship. They won't even put it on bookshelves so people won't find out what's going on. And also -- I'm an army combat veteran. I served over a ye rin Iraq, 2003 to 2004. Commissioner LoCastro, thank you for service and, Commissioner Kowal, thank you for your serv' s well. I'm here -- my oath never expires, not only to my, u try but also to my patients. So at the height of the pandemic, I actually tr from Florida in the Tampa Bay area to New York to work i ID ICU. I actually was placed at the epicenter of the epic t r, which is Elmhurst Hospital in Queens, New York. I just want to make this very c1p s was not just solely happening in New York but all ar r great nation, including Florida and, more specifically, ri re in your county. I know this because upon my return after 1 kicked out of New York for trying to advocate for m t s, I began advocating for patients all around Florida, the same tion in every single hospital. What I witnessed New York can only be described as a turnkey -style as bly line to a body bag. There's no liability. There is gag rs all of our staff, including myself. We were threatened o b nt home if we said anything. They ed family members, which are the patients' advocates, whic never happen ever again. They banned treatments. I al that politicians make lousy doctors. A politician, our go ment should never get in between the doctor/patient relationship ever again. If they wanted to do that, they can go to medical school or become a nurse. There was financial incentives put on admissions of patients. So $13,000 to admit patients. So why not? We were actually Page 55 April 11, 2023 ordered down from sending any of the patients to the Comfort Ship, which was wide opened. The Javits Center was empty. The Good Samaritan tents were empty. They admitted them for $13,000 a person. The protocols consisted of sedation, paralyzing agents, and then, essentially, a vent. Some of the patients' rooms that I went into, there was feces dried up their backs for two, three weeks. They had bed sores where you could see their bones at this point. They weren't coding full -code patients. Being a-s, code means you want all resuscitation done and all meRnobody done; CPR. You want to be saved. They were not doing t ey were not doing it behind locked hospital doors, and neit } r knew except for the people that were in there. They ended up in a body bag. �Ey we just had garbage bags, and then they were tossed info the geezer trucks. Every single one of my patients, outside of one ' ent, died, and I had to stack their bodies in these freezer ttll Fsbut they were not dying of COVID. And on top of that, t ended up banning autopsies. So there was a $39,000 price tag for the ventilators and sometimes $10,000 for each death. It's olutely disgusting. I tried to say something, and I was unable I s threatened with being sent home, so I decided that I was oin go undercover, got some spy glasses, got some audio gear, started recording for the next four weeks. I o share a little clip, if I could, because I think that it is v �m rtant that you actually hear with your own ears what is ac ally -- what happened, what continues to happen to this very day in the hospitals. This is a seasoned medical doctor working at the New York City hospital. He was on a travel assignment. He was making approximately $75,000 a week. Nurses were getting $10,000 a week, so this was hush money, in my opinion. Page 56 April 11, 2023 He ended up calling all the nurses together after he was, essentially, busted for not coding a full -coded patient and actually wrote her death certificate before she even died and then called the family and lied to them. But I'd like to just have this record, because I think it's very important that the public know that this happened and this wa g on. (Audio recording played as follows:) If there was family in the room, if the eth' �• committees was in there and Jaco was stan the room, you guys wouldn't do what j st did. You guys would have been way r proactive. Yeah. Absolutely. And that's what I have oblem with, because if you, in good conscie uld say we would have done the sa regardless of who was watching us right n , then I'd be like, all right, fine. But I don't fee like that's the case. Let ask -- let me ask a question. And this -- to r your opinion is: What do you thi th 'ght thing to do for her is in that setting? esn't matter. think the right thing to do for her is what she ts. What she wanted at that time was a full code. Okay. Now, during that time when she was crashing, she was full code. You guys were already having conversations with the nurse to not code this Page 57 April 11, 2023 patient. Yeah. And when I went to go call the code, you were saying, no, don't call code. Right. I\rt4, But at the time, she was full code. Yep. 'V Later on she became DNR, I think, around 0 1:45. �• Yep. But when she was crashing, it wa 101. Yep. So if you don't want to code tient, you need to aggressively contact 1h to make it a DNR before this happens. Totally agree. (Audio recording conclu MS. OLSZEWSKI:40 ing to cut it short. I know that my time is short, but that's cle y a murder. I'm just going to end with this: The last thing standing between a patient and a b bag is a good nurse. If a good nurse isn't allowed -- so thi is tough. Sorry. If a good nurse isn't allowed to do her j b -- rry -- then it's an automatic death sentence for our patients an re forced to watch them die unnecessarily, and now we '45;h e e with that reality forever in our hearts and our souls. you know, a lot of us have been holding the line for a re ong time, and this dam is about to break, and we are calling for reinforcements. We need you guys to support us to make sure that this never ever happens again, because it could be you; it could be your family members next time. And any person that's in opposition of this resolution and the April 11, 2023 ordinance is likely someone that you don't want taking care of you or they have something to hide. So I'll end this with this: United we stand against those we trusted. I hope that you guys will really dig deep in your souls and your hearts and understand that this is good for humanity, not on Floridians but all over the world. So God bless you, and tha for listening to me. MR. MILLER: Mr. Chairman? O CHAIRMAN LoCASTRO: Mr. Miller, we'll gew� -- this will be the last speaker, then we'll have a break an e, resume with the speakers. MR. MILLER: Your next speaker is Sh i a mer-Jennings, and she'll be followed by Dr. Paul Alexa CHAIRMAN LoCASTRO: Der. er, you'll be immediately after the break. MS. PALMER-JENNINGS• u should have gotten the vaccine. You should have g e booster shot. These are some of the last words my pati ehrd from fellow healthcare providers they trusted. Then these e healthcare providers turned to other nurses like me telling nye those patients deserved to die. Imagine if Okiwas you or your loved one. Maybe it already happened but hoot your knowledge. And to think these patients were deni ea lifesaving treatments. M nJV4Ms Sherri Palmer -Jennings, and I'm a local acute -care regis rse who worked on the front lines in one of the first C its in Florida. This is one of the many unfortunate events I 'tn ssed and fought back against and how that led me to support the proposed Bill of Rights Ordinance and Health Freedom Resolution. I want to share with you more of what my patients and my peers went through as a healthcare provider. I represent myself, my Page 59 April 11, 2023 nursing profession, the COVID Task Force, and do not speak for nor affiliate myself with any other entity. I worked COVID-19 as the intermediate care nurse and continue to care for these patients to this day. I understand how serious this virus is. I have also cared for many patients who suffered or die from the vaccine since February of 2021 in acute care. I just t care of a sweet person just last week who kept up with thei recommended booster shots and still died the same horr' * way others have died from COVID-19. This vaccine wa 'stake, as it does not prevent infection or transmission. I've witnessed coercion, shaming, and su ri amongst my community for choosing not to get vaccinated. I e educated many of them to honor their civil rights and helj&jthem fight for their exemptions against the vaccine beclus rivate entities were refusing to honor them or approv Many of my peers were abl ep their jobs or stay in their nursing school programs but id not and could not fight back because they didn't know, his bill would help prevent that from happening again an ild a larger workforce locally rather than dwindle it and lose the great talent we do have. I witnesse dical tyranny from the current work force we do have. Provi r to families there was nothing more they can do for their love one d encouraged families to code them as AND, or allow natu ath, meaning you stop all treatments and let a person die. hallways of these patients. �y of these patients couldn't be kept comfortable enough, had no e to be discharged to and, per providers, they took up a bed. These patients were starved, overly medicated with drugs, and alone. I remember breaking down when I started my shift because I found two out of my three AND patients deceased and in stages of rigor mortis. They died alone. April 11, 2023 So I started FaceTiming with families multiple times a day and convinced them to change their code status to AND, and providers convinced them. Because families could see their loved ones on FaceTime, they changed their mind about AND and continued to treat their loved ones. Some family members didn't even know y could change their mind. They were failed by the system th should have been able to count on. Providers tried to fight them back in the end. They hail to listen. Because of that, some of those patients made it out of the hospital back to their loved ones. And I'm sorry, I know I'm a little over. ing to end it with I emphasize my unconditional support fo ill of Rights Ordinance and Health Freedom Resolutio nd urge you to vote in favor of them. Be the leaders paving e of the preservation of our constitutional republic. Wetter, especially for our community. Thank you, Commission r being brave and for your time. Thank you. CHAIRMAN LoCA O: We will take a court reporter break, and we will resume at 10:50. (A brief re was had from 10:37 a.m. to 10:52 a.m.) MS. PA R N: Chair, you have a live mic. CHAIRM%N LoCASTRO: Go ahead. MR. ER: Okay. We'll continue with our public if you will please have your seats. speaker Tolks, Yoder next speaker is David Parsons. He'll be followed by Karr , Kingston. MR. PARSONS: Good morning. CHAIRMAN LoCASTRO: Good morning, sir. MR. PARSONS: Am I on? CHAIRMAN LoCASTRO: Yes. Page 61 April 11, 2023 MR. PARSONS: Can you hear me? CHAIRMAN LoCASTRO: Yes. MR. PARSONS: Oh, cool. I am David Parsons. I am a resident of Collier County. And in July of 2021, COVID vaccines became widely avaitVe, and at that time, early July, about 50 percent of the U.S. popu had at least received one shot. Between then and now, 50 *Z� Americans died from COVID infections. In my three i u es, I want to talk a little bit about the 500,000. First, people over 65, 65 years of age and old re 350- of the 500,000. There are other over-65s here, I be ' e. That group represents only 17 percent of e opulation, but they had 72 percent of the deaths. Kind 1 -1 ratio between, I'll call them, seniors and everybody else '1^M of the probability of dying from COVID. Among the 6 ��nd over, by now almost 90 percent of that group have been vaScated with at least one shot. During that period, the p 'lity of dying from COVID among that group of vaccinated was one chance in 546. Pretty good odds. Unvaccinated -- th all 10 percent or so who were not vaccinated, the probabi�ty was one out of 39. The numbe how -- and these numbers basically are reported at the level o 00 ounties in the United States and percolate up through v iou annels. So this ratio of 546 -- one chance in 546 if you've b accinated, one chance in 39, is pretty good evidence that nes were working for a large number of those people. V a ' n was not perfect. Vaccinated people died, no doubt ab t it. But in a much -- at a much smaller rate than those unvaccinated. Among the under-65s, if you've been vaccinated, your probability of dying of COVID was one chance in over 10,000. Phenomenal odds. Unvaccinated -- the unvaccinated group, which Page 62 April 11, 2023 constituted about 100 million unvaccinated under 65, your chances of dying were one in 1,500. Also very good odds. In thinking about that group -- and I've -- actually, going back a year or so, I knew people in that rather large age group who felt like the chances of serious illness were not great; they might as well t get the virus and get it out of the way and become immune th infection, which has proven to be actually very effective. So it's understandable for people with a perceived and actual very low probability of infection to weigh the pros and cons of vaccination. They may see it being risky. They . st not like to get shots. Viewing it strictly from the stand t h it own health probabilities, it's not unreasonable to think tha y ould not get a shot. CHAIRMAN LoCASTRO: If y rap up, sir. MR. PARSONS: Oh, my G CHAIRMAN LoCASTRO: e minutes goes fast. MR. PARSONS: Okay» quickly. What they didn't understand was that bet `ih� ime you get infected and the time you have symptoms, seve days pass when you can infect other people, and it's tha pro�lem of infecting other people that many organizations h deal with when to reopen and what protections to take to pro c their other employees. CHA LoCASTRO: Thank you. MR. ONS: My concern is that this proposed legislation will ple from making those kinds of judgments on their own. HAIRMAN LoCASTRO: Thank you, sir. R. PARSONS: Three minute doesn't last very long, does it? MR. MILLER: Your next speaker is Karen Kingston. She'll be followed by Dr. George Yiachos. Karen has been ceded additional time from Terri Codella Caspersen. Page 63 April 11, 2023 MS. CASPERSEN: Caspersen. MR. MILLER: Caspersen. Is she here? MS. CASPERSEN: Right here. MR. MILLER: Oh, thank you. Also by Jim Guzzi. Am I getting that right? MR. GUZZI: Jim Guzzi. MR. MILLER: Guzzi. Thank you very much. She've a total of nine minutes. O MS. KINGSTON: Thank you. Thank you, Commissioners. My name is K ingston. Just so people know who I am, I'm a med-leg dOor and biotech analyst in the industry. My work is currently ei g used in global criminal prosecution of Pfizer. Also, So A rica began prosecuting Pfizer. s8e And what I'm going to talk alt ay is why we're here, so why maybe some people want to cqn to surrender their constitutional rights to the go ent. And I also want to talk about laws that are passed federal government that actually legalize crime and how un unate it is that people believe if they go along with legalized crime, that they are above judgment and the law because, unfort ely, judgment is coming, whether it's from the people of the 'te tates of America or outside military powers, what we h ve e is very wrong. And I ish the knowledge I have upon nobody, but I do wish to sha you some information that may hopefully guide your d oday in regards to the ordinance and the importance of sta di g up for our inalienable, God-given rights under the U.S. Constitution and the Florida Constitution. So up here, Joe Biden last night dropped the COVID-19 emergency. That means a lot of immunity for people who committed crimes such as what Erin just spoke about -- Nurse Erin, April 11, 2023 those doctors -- that immunity's going away, so judgment is coming. I have to do the clicker thing again. How do I do that? Space bar. Okay. So what is authoritarian? And I want to go through this. There was a study out of University of Toronto across 31 nations and hundreds of counties and communities just like Collier Count d the definition of authoritarian -- I took this from the 1983 ter dictionary when we had President Reagan, because wor Aaan different stuff today. So we've got to go back to the' It's when our individual freedom is held com subordinate to a group or an individual to the power of th t a is not constitutionally accountable to the people. T 's i what we don't want. We don't want to pass laws. We 't want to submit to federal laws. We don't want to sub4ni laws that are not constitutionally accountable to thee, ,because this is tyranny, and in some cases it's actually crininn 1. This is the study. It was 'shed in a peer -review journal, again, across 31 nations 100 communities around the globe. And what they looked at 1 w do we get people so terrified that they would submit all of their rights and demand others do the same, and it's called t arasite-stress hypothesis. It's out of the University of on The study was done in 2013. 4do ara is any virus, bacteria, or a parasite; and a dc of government is one where we have popular p, the a political process, there's individual freedoms a, and there's -- and we're open for debate. We have the ff speech. But an authoritarian governance is one where you submit to one single power, and anyone that goes against what the current narrative is, what the current demands are, what the current rules are is seen as an outcast and is punished either socially or even criminally. Page 65 April 11, 2023 Let's keep going. I have time. Uh-oh. I hit the wrong button again. CHAIRMAN LoCASTRO: Try "escape" and then -- MS. KINGSTON: Thanks, Dan. Dan the man. All right. So here we go. Let me just keep going. So this is the study about whether or not people at an in 1 level would submit to an authoritarian power. And what t ooked at is in a community, let's say there was a grave differe 0i income, let's say we threatened them with famine, let's say th e was a big difference in education. Nothing really swayed t at much to submit all of their rights, but one thing did, a h a threatening them with a highly infectious virus. And then 1 o a sudden at the individual level, I wanted you to tell me t t do so I don't get hurt and my family doesn't get hurt, and hat others do the same. So what's interesting, though, ' ore education you have, the less likely you would submit t a authoritarian governance unless you were threatened w* ighly infectious pathogen. By the way, a lot of earch is done out of the Organization for Economic Co-operatio nd Development, and there's an interesting study o t of Harvard I'll share with you later. The environmental st that we do, 15 years, they figured out how to manipulate is s to do things that we wouldn't normally do and it actually ost So ba the -- this study, it shows at the individual level, if you that you're at a high infectious risk, you're going to c nd you're going to demand others that don't. So this is w p ople all mask the children, wore masks at the grocery stores, forced people to stand six feet apart, and condemned others who would not go along with this. It's also why on Facebook you have the "I got vaccinated" tab to show people that you were part of the group. You were not going to be outside the group, because April 11, 2023 everyone was terrified that they were going to be infected. And then we know that on March 16th, Deborah Birx said they didn't know a lot about the virus, and so they need everyone to stay home. So they demanded everyone go on house arrest. President Trump said people started policing their own communities. Again, this was a psychological warfare, if you will, bec use Deborah Birx lied, and so did Anthony Fauci. Because on February 28th, they published in the New England Jou o Medicine that the COVID virus was the same as the t had a .1 percent case fatality rate when it was out in the f you will. And then on March 31 st, they continued it ' and said 2.2 million people would die if we didn't lock n. So what happens at the social level? am, across hundreds of communities, what they found is they p stress, people would submit -- together as a community ould say, please tell us what to do so that we don't get infecte Iour families don't get infected. And what they found was that they combined a virus being prevalent, so ubiquitous �e country, and also highly deadly -- so those are the components of a pathogen stress -- the correlation was .87. Vat's a nearly perfect one correlation. This is higher than the elation between education and income. So they5,w t t if they threatened communities with a highly infectious, icontagious virus, they would do whatever they were told, ey would submit to an authoritarian government. They even be willing to give up their life -- not their li - 'r liberty, their property, and participating in the voting pr es . That's exactly what happened. Now, what's on the horizon is the IHR, the International Health Regulations from the W.H.O. Which, if they're passed, they're basically a treaty. And as Mr. Klatzkow knows, a treaty in the United States is basically considered the supreme law of the land. Page 67 April 11, 2023 Article VI of the Constitution often does not override it based on SCOTUS's past rulings. So the International Health Regulations, it talks about using health technologies, that these will be mandated. It talks about that they're going to put together readiness and resilience in ways tha commiserate with a restricted -- not to public health risks, but risks that could potentially impact health. So this could sa refs an environmental risk, there's mosquitoes, there's one pi enver, and so we need to lock down the country. But one of the most alarming things in the re n is under Article III where they deleted -- "the implem ti o these regulations shall be," and they deleted "with fu r s ect for dignity, human rights, and fundamental freedoms pe sons." This is what's on the horizon. And if it's passed ass a nd we do not honor to uphold our constitutional rights u Constitution and State of Florida, this is how the residents o lier County can be treated. Our worst nightmares have st* happened. So what happened VID-19? I don't know if everyone's familiar with t REP Act, but what was passed by our Congress was that n eVergency-use product could be passed that may be effectiv t didn't have to go through the standard FDA safety and of y But what ple don't realize is that that product, per what's passed by ress says, that it may result in adverse health cons s or even death. So these vaccines, they knew it could h ted in death and chronic disease, and it may be caused by a stering the drug, biological agent, or device against the chemical, biological, radio, or nuclear threat. So they knew this was going to cause disease, disabilities, and death. This is just reiterated in the guidance. So when Pfizer met with the FDA on October 22nd, 2020, they April 11, 2023 knew they were going to put people at unreasonable risk for all of these diseases, including death, and they moved forward with it. Why would they do that? Because under the PREP Act, willful misconduct is also waived. You have immunity. So if you know what you're doing is wrong, if you know there's no legal or factu**,,, justification, and you know that the risk outweighs the benefi long as you're following orders from HHS and you're a ma cturer, you can get away with murder. 0 And so I just ask that you respect the rights of C County residents and children to not [sic] put forth an ordi that does not [sic] declare that the federal government has t ri t put their children at risk for disease, disabilities, or deat , d the criminals that are doing this have legal and civil im nity. Thank you. MR. MILLER: Your next s ic . s Dr. George Yiachos. He'll be followed by Tamra L. Mi . Dr. Yiachos has been cee itional time from Ken Frazier. MR. FRAZIER: Her. MR. MILLER: And also from Jay Kohlhagen. MR. KOHLHAGEN: Right here. MR. MILL And Dr. Yiachos will have a total of nine minutes. DR. IA S: Good morning. My name is Dr. George Yiachos. een a board certified cardiologist and a physician for over And I'm not representing any corporation or hospital s ay. cuse me. I had to run up here. Early in my training I was taught that the best way to learn to cure and to heal is to study the patients that have passed. Historically, most of what has been learned about the human body first came from the study of the people who had died. This has been April 11, 2023 the main way to establish the cause of death and what went wrong with treatments so that the medical practitioner could better understand what can be done to prevent disease, suffering, death, and, most importantly, what could be done differently to help others. Autopsies were deemed so important to medical education a the advancement of science that up until the early 1990s, med, S01_Z residency programs would actually give gifts and books to residents to actually get them to convince family members Onaeir deceased family members go for autopsies and poexams. In 2020, during the biggest health crisis to hern world for the first time, advancing science was discpostmortem examination was thought to be ina ,nd there was a fear that the physician was going to t OVID, and that's why that wasn't allowed. By April 2020, three and a half Rio s into the U.S. landfall of COVID, community hospital path!�Vists decided to do their job against those recommendatio om those investigations, spreading the knowledge ting played an integral role in the deaths of hospitalized pate nts. An email sent to Dr. Fauci about this discovery was met with a simple reply email of "Thank you." That's it. Strangel ve hough the local recommendations for blood thinning s rte turn things around for the inpatients, the reality was that th as no proclamation by the federal or state agencies abou al information for months, a testament to the go nt's slow reactive nature. 2021, deep into the COVID vaccination program, German farm ies started requesting private autopsies after state and locally financed public coroners declared their family members died of natural causes. Why did families make requests for private autopsies? The Page 70 April 11, 2023 people that died never had COVID but were vaccinated, and the families were suspicious that their family members were dying as a result of the COVID shot. They did not believe the state or locally funded coroner's conclusions. In January of 2022, a group of world-renowned pathologis d by Dr. Arne Burkhardt were contracted by the families, and t ended up releasing their private autopsy results, which wer enlightening. The majority of those who were deemed (a of natural causes had actually died as a consequence of VID shot. The team had developed a test to detect the spike in these patients who never had a COVID infection b ell accinated. Microscopically they found the spike proteinlb in expressed in every organ system, not just at the injecti site; it was found in the brain, the heart, the coronary arteries, eys, the lungs, the lymph nodes, and the aorta. Shockingly, the patients' own od cells, white blood cells, were seen actually attacking e ne of these organs where the spike was being express his was causing clots, aortic dissections, heart attacks, ocarditis, encephalitis, and lung damage. All names of natural causes of death, but these people were killed by an autoimmune �e ction to the spike protein produced by the COVID shot. With 11 o1 e sudden deaths in our younger population and the increased rate since the inception of the vaccination program, I have ear of an autopsy series in the United States using this iwhat has now been well documented by video testimony, many morticians in the United States have been identifying a high percentage of fibrous clots being identified in vaccinated family members which microscopically resemble amyloid plaques. These are abnormally folded proteins in the blood. These fibrous clots are Page 71 April 11, 2023 not blood clots as one would expect when you're embalming a body, but they're long, rubbery clogs spanning the full length of arteries and veins in all parts of the body. There has been an exploding number of these observations made by morticians only since the COVID vaccination program began, �elt I have not seen any federal or state agencies investigating the findings. Despite this information and many other data point ,� are now seeing hospital systems threatening the abandonment tients who are making their own informed decisions. Children and adults have been denied tra nd healthcare because they did not get the COVID shot. GI a y, people who need blood transfusions and are requestin lood from unvaccinated donors are being denied access. Pale w Zealand -- a very exemplary case. Parents in New, had their child taken by the state for making such a request fc Nh r sick child. Despite the parents having their child's bl� e, they were refused the ability to do that for their kid. -I& I We are now seeing s 1 groups of people organizing local cooperatives to create Wool of non-COVID-vaccinated blood donors, yet there is no forthcoming information from the global, federal, or st ealth agencies regarding this concern. I brin fo these real -world examples to highlight that the reactiona acteristics of the global or federal agencies have and will to fail local health systems and populations. Although these ce ralized health agencies have created an excellent way to disseminate information. The system primarily focuses on recommendations driven by corporate agendas and blocks real -world data and solutions being generated at the local level. Collier County has to create as many firewalls as possible between international health bodies like the W.H.O., the federal Page 72 April 11, 2023 alphabet agencies, the state health boards, and Big Pharma. The mistakes made during the pandemic need never be repeated. Voting yes to the ordinance and the resolution being presented will codify a health bill of rights, building another layer of protection, reaffirming innate rights for a person to decide what is best for their body, ne r forcing people to agree to health mandates driven by fear and and, most importantly, creating a firewall to tyrannical ove h by these health agencies. O I thank you for having the bravery to hear and a Rythese matters before you. I would like to make one fu oposition. When all is said and done, let's show other co ie o to care for the health of their communities. I would ask at you consider convening a local health congress, invitin e major hospital systems, local health practitioners, an —of Collier County to review and even debate with expe what can be done to protect from future attacks on our health r Thank you. MR. MILLER: Your n aker is Tamra L. Mitchell. She'll be followed by Ka udwig. MS. MITCHELL: Tamra Mitchell, a Collier County resident, retired re isteVd nurse, and health law attorney. For over 20 years I repre ed hospitals and healthcare providers. A big part of my job wa ke them out of the courtroom. And I know one of your -- arts your job is to listen hereto everyone's stories. But I, unlike th ious speakers, would like to focus on what the docu tually say. n I read the proposed resolution and ordinance, I was sh k d at the vague, unsubstantiated statements being used as fear tactics, as well as the multitude of cites to the Constitution that tie into nothing. Just because you throw in a bunch of legal jargon doesn't make it legal. Did you know there are a number of inconsistencies between the Page 73 April 11, 2023 proposed documents and Florida's statutes, especially in the resolution? It's pretty obvious that these documents, especially the resolution, weren't drafted by anyone with knowledge of Florida law. Unfortunately, due to time constraints, I can't go into all these inconsistencies, but I did send out emails to each of the commissioners over the weekend. The problem with these inconsistencies is that they canA4�to lawsuits, and that will require Collier County to spend c Oerable sums of money in its defense. And I don't know ab rest of you, but I don't want my hard-earned taxpayer dol ent this way. I would hope that these potential legal proble A! e ould be enough for you to decline to adopt the propose r so ution and ordinance. But in case they're not, let me id ther important considerations. First of all, many ed citizens in Collier County do not agree with the resol t n's premises, and they find the document misleading, inaccur complete, and unnecessarily provocative. Ik I Second, don't you find it at all ironic that the so-called health freedom documents contain so many ways to prohibit healthcare measures that kee us healthy? For instance, if you read Section 8 of the propos eso tion, it broadly proclaims that citizens cannot be denied ntra based on their medical status, but it doesn't say entrance to Maybe your home? Your child's school or your busi resumably, this was intended to bar hospitals from d trance to visitors. But do you really want hospitals to be reqd to let people with COVID in to visit immunosuppressed cancer patients? And taking the broad language a step further, do you want to have schools be required to admit children with Ebola into the classroom? What about other life -threatening diseases that may arise in the future? Page 74 April 11, 2023 This proposed resolution seeks to render us powerless to keep infected people away from others, and that doesn't sound very safe or smart to me. Fortunately, resolutions, by their very nature, have no legal authority. Not so with the ordinances. The stated purpose of t proposed ordinance is to mirror existing state law. �+ So my question is: Why do we even need a redundant ordinance? Collier County citizens and businesses are ll�y subject to state law. There is a Bill of Rights already inflate law. J g Y The clear answer is we don't need this resolution o ordinance, and I urge the commissioners to vote no in th o 'o of them. Thank you. MR. MILLER: Your next speaker at leen Ludwig. She'll be followed by April Donahue. MS. LUDWIG: Thank you,4�c , ssioners, for listening to us today, giving us your time. I kno�it at's a lot of work, and we appreciate it. My name is Kathy athleen Ludwig, and I'm a 10-year resident of Naples. And ote, so I like to know what's going on in my county, and I'm very#pleased to be here today before you to talk about this. I'm spea a private citizen. I just became aware of the details of is erday, so I put together a few notes. I don't have any slides sentations or anything, just my heartfelt feelings. on the Health Advisory Board of the Johns Hopkins B b g School of Public Health, and my husband had been on th and before me, so I have paid very close attention to the data for t e past three years. We have had meetings about it. It's been broadcast different places, and I follow it. And I -- I understand where it comes from. I understand that the county reports their data up through the system Page 75 April 11, 2023 to the CDC. And so when I looked at the data, Florida had the worst, abysmal data in the whole -- not the worst in the whole country, but among the worst in the whole country. It was terrible. Eighty-seven thousand deaths reported from COVID. Now, since we talked about New York and Elmhurst Ho pi`tal, New York has had 78,000 deaths, and they're approximatel same size state. So it's a terrible record. And a lot of this, I beli �omes from lack of vaccination, lack of education, lack of non aceutical interventions being practiced here in Florida. In January of 2022, the virus was rampan a d we were wide open down here. Everybody was going ut eir business, and we had a huge spike in deaths. New Y�or uge spike in cases but not in deaths. As for the W.H.O., we are m rs of the W.H.O. That's not a third party. That's us. That' country that belongs there. And they give advice an mendations. If you look on their website, they do not have ndates. It's advice. And the World Economic Forum, I don't exactly know what that has to do with to I've been there, and they haven't met much in the past couple o arsy so I don't really know what they have to do with this. The technology has been around for 15 years. It is not new. D is new. It's a novel virus. again, I agree that you need to have data to support the sta nts that are made here. You can't just make broad statements and expect people to go along with it. They're stories. They're not facts. So I encourage you to please look at this carefully. And thank you for your time. I appreciate it. MR. MILLER: Your next speaker is April Donahue. She'll be Page 76 April 11, 2023 followed by Rebecca Smith. MS. DONAHUE: Good morning, Commissioners and Chair LoCastro. I'm April Donahue, executive director of Collier County Medical Society. And first I have a statement from Dr. Rebecca Witherell, a bNfd certified infectious disease physician in our community who ��'' not testify today. She says, I have reviewed the proposed ordinance resolution, and I appreciate your consideration of the rns of the community members on these issues. The COVI al pandemic has been a terrible experience for the world, o co t , and our community. Millions of lives have been lost e o this aggressive virus, and we all want to protect ourselve d our rights. We must find a balance of indi, i doms and public safety. We have many freedoms ' ountry, and we also have many laws and regulations to prot t s. It will be a great disservice to our community members to gard the expert guidance of scientific bodies and -- u r guise of protecting personal freedoms. We do not know vykat the future holds for any of us as individuals, but thing that is certain is the occurrence of another pandemic. P n e s and the spread of disease are one of the few things gua nt in this world. As a p 'cian and as a community member, I want to ensure that well protected while preserving personal freedoms. It w b egligent of the Commission to make large, blanketing de ns today based on fearmongering and distrust of large scientific groups. There has been a dissent from trust and data and science during the pandemic due to fear, stress, and other factors. It is not easy to face the things that we have over the past three years. It is a defense Page 77 April 11, 2023 mechanism to put trust in anecdotes of a neighbor, friend, or celebrity on television. We need to remain united in our goals to protect our freedoms and our community members by recognizing threats and addressing them individually after reviewing the accurate and real-time data that is impacting the outcomes of our lives. When considering this resolution and ordinance, it is important to remember that we cannot assume to know when the nextmic will come or to understand the ways it will impact our c unity. The concerns brought forward in this resolution and nce are reactions to the past, and while we know hindsight' /201 it does not allow us to see future ramifications. It is detrimental to our community to blin create regulations or restrictions now that will limit our abil' to address future threats to our community and its members. And I also have a statement o f of the CCMS board of directors. We respect individual e om of choice and seek to preserve the physician -patient a 'onship, and we have concerns with the proposed ordina resolution. The ordinance is, by large, redundant of state law and, therefore, unnecessary 0 a county level. We recognize our patients' rights and freed to the state's current Statute 381.026. This promotes the ' re and well-being of patients of healthcare providers d lthcare facilities. But if this county ordinance is to be adopted, equest the following amendments: The exemptions for h e providers, as detailed in Florida Statute 3 81.00316, shoM added, as this county ordinance is intended to mirror state law,, ,Jd those exemptions allow healthcare providers the freedom to protect their patients and staff in a public health emergency. Second, Sections 7 through 9 should be amended to allow for a simple majority or a supermaj ority vote instead of unanimous, because allowing a potential outlier member of the Commission to April 11, 2023 have de facto veto power is generally not good policy, particularly during a public health crisis. So one quick little more statement. After reviewing the revised resolution, we believe it will not be effective in rebuilding the trust some community members have t in public health efforts, and we cannot support it. If the Co 'on chooses to move forward, we request the opportunity to wo ith you in the best interests of our community so that any fi loatement which would reflect the will of the Commission and tire county is free of inaccuracies and follows the prepondera health and safety measures. Thank you for your time. MR. MILLER: Your next speaker A ebecca Smith. She'll be followed by Jane Schlechtweg. I hopewting that close. Rebecca Smith has been ced tN additional minutes from Dr. Marilyn Varcoe. (Raises hand.) MR. MILLER: Is -- can you -- yes, she's right there. So you'll have six minute . DR. SMITH: ThWik you. Thank you, County Commissioners. I'm Dr. Reba Smith, president of the board of directors of the Collier Coun edical Society. I speak on their behalf. Base on iew of the original and updated versions of the ordinance esolution, we cannot support them as currently writt ordinance and resolution need review by a group of i s, including medical specialists, a constitutional attorney, re ntatives from the County Commissioners, and the public to compose balanced statements that ensure the individual healthcare rights of our Collier County citizens and respect the needs of our local businesses while allowing for the provision of necessary public health interventions in the time of public health crises as determined Page 79 April 11, 2023 by our medical professionals working in conjunction with federal, state, and local authorities. We respect individual healthcare rights and freedom of choice as it pertains to public health. We agree that international organizations should have no control over the implementation of healthcare protocols in the United States; however, none of us can predict future. Dr. William Osler, a famous, well-known infectio rase specialist, said, the enemies of humanity are famine, , and war. To him, by farmost [sic], the worst enemy is fever n of disease and infection. Our past world history has been greatly i acted by infectious diseases such as the bubonic plague, the ifitLenza of 1918, smallpox, tuberculosis, and polio. Our healthja rs today -- we still see people with residual effects of pol' Aotiow with COVID-19. Factual public education, saf effective preventative strategies, and innovative trea will help preserve life and expedite recoveries fro ' us disease. We do have concern garding the accuracy of information that has been reported, including the complications of the COVID-19 vaccine. For eN41e, even the British Medical Journal published a major article 'tlecY'COVID-19." Florida's surgeon general uses careless re ear ractices in recommending against vaccine, his universitv Rk gory Poland, a renowned contemporary infectious d' ysician and researcher at the Mayo Clinic commented re during a presentation that he made to the NCH medical staff in Nfarch, I'll add a fourth enemy of humanity that may be even more influential than fever. This is human behavior and public response. In summary, both the ordinance and the resolution require a detailed review with representatives from multiple professionals in April 11, 2023 our community to make statements that are consistent with science, with reason, constitutional law, ethics, fairness, and in the best interest of the individual but with consideration of our community needs and -- our community needs when other public health crises arise. If the Board votes to proceed with further consideration o e ordinance and the resolution, then please consider all public risks, not just those due to COVID-19. There will be another pandemic. We need to be f a d thinking. If Collier County is to approve such docu , then please do not rush. We should take the time to g right. It is a reflection of our entire Collier County comm will appreciate your consideration. Thank you. MR. MILLER: Your next speaker ' an Schlechtweg. I hope I'm getting close on your last rya MS. SCHLECHTWEG: Y i t. MR. MILLER: And she'll b owed by Jennifer Walker. MS. SCHLECHTWEG: k you. Yes, my name is Jane Schlechtweg. I am the i ounty Democratic chair. I'm speaking on behalf of the ocratic Party today. We feel that this rVolution and ordinance have been brought by a group of citize that are angry with the federal government who distrust the ONhd the CDC. It's filled with personal and inaccurate vie .and we have not seen any reliable or reproducible evidence t ant such a -- evidence to warrant such an ordinance. ore, since state and federal laws already exist, this ois redundant and a waste of time, as others have pointed 'Your previous speaker, Ms. Mitchell, echoes our feelings. And I would just like to add that the Collier County Democratic Party has always and will always defend the right of any citizen to free speech and opinion, but opinion and their free speech should not govern the April 11, 2023 whole. If you want this ordinance on the books, this law, then you need to bring a referendum to the people on election day and let the Collier County citizens vote onto whether they are governed by pseudoscience and quackery, or if they want to keep themselves safe. Anyway. As an American, you have the right to your opinion, but o not have the right to dictate public health. And based on t unproven Internet theories advanced by uninformed mi it , we oppose this ordinance. Thank you very much. MR. MILLER: Your next speaker is Je 'aa ker. She will be followed by Kathy McQuarrie. MS. WALKER: Thank you, Com ioners, for the opportunity to speak to you this moTij t my very strong concerns regarding the amount of d effort you have been extending on a discussion about Q/-alled health freedom ordinance and resolution. I am Jennifer Walk year resident of Collier County, and have worked diligently du this time to make our community even better. I have been prepident of Greater Naples AAUW, president of Greater Naples �dership, chair of the board of trustees of the Collier Com ity Foundation, and I've served on the boards of the Pace Centex' fo irls and the Healthcare Network of Southwest Florida. I)X`tY(en been a poll worker and most recently and curre&IlAh justice chair of the -- chair of the Justice Committee of t United Church of Christ. t I'm speaking to you today not in any of those capacities but as a very concerned long-time citizen of Collier County and as a polio victim now dealing with post -polio syndrome because the Salk vaccine wasn't available when I contracted the disease as a child. So you should know that I have a profound appreciation for our April 11, 2023 country's public health system that has kept my children and grandchildren from suffering the effects of all the childhood diseases that have affected me. I have read the revised referendum you are thinking of ado ting and find that you may have scrubbed the language a bit, but you left the intent behind it, and the intent seemed to be incendia s worded to position the citizens of our county as opposed to challenging some of our country's respected instite�en ti0 But why are you even spending any time cog this referendum? I know you tried to explain it. I stnderstand. Existing federal and state law would trump a dopt here. It has no force of law. It is merely opinion. n it certainly isn't my opinion or the opinions of my friends y colleagues, and my neighbors. It does seem to be the opiA n opaque group that is apparently based in Washington, i est I can figure it out. I wish to thank Commissione astro for encouraging me to come and speak to you today express my concerns. He has always answered any e him and has responded personally to every concern I raise. oes make me feel as if I have a representative in local government, even if we disagree. I do believe he is committed isten to all his constituents and not just one group on one side o 54 is e. And I t to encourage you all to devote your precious time and effort at of the county staff to solve the very real problems we h e ' is county that you are in a position to solve. ON e move with expediency on reducing the affordable housing obstacles, such as zoning laws and impact fees. Please work with other counties in our region to guarantee clean water for every citizen. But please don't waste your time and your relationship with your constituents on this distraction, this -- freedom from community health whatever policies. Are we next going to be freedom from seat April 11, 2023 belts? Thank you. MR. MILLER: Your next speaker is Kathy McQuarrie. She'll be followed by Kate Tardif. MS. McQUARRIE: Gentlemen, the resolution that you're considering today begins by charging local governments and stat governments and the federal government and healthcare instit , and one named international health organization, I guess th in for good measure, with causing harm, even death, to ou 'ti ens. This is just one remarkably overblown, unsubstantiat tement in this so-called freedom resolution. So here's how I remember it. Two year o eighbors and my friends, most over 65, and my family mem er , octors, nurses, military members eagerly sought to get a cination against COVID, and all of those people are doing just f husband contracted COVID before there was a vaccin e died from COVID, so that's how I see it. That's how I r Mber it. I agree with the former -- receding speaker. I don't know why you are engaged in I roversy. I don't know why you think it's good governmen appoint yourselves better health decision makers than dgetors, medical researchers, and public health experts. We've b thr gh three tough years. We've learned a lot, we still have lot earn, but we need to move forward. And I urge you to forg e ideology and take care of the people. You failed to do th ruary when this ideology caused you to take money air a program of healthcare education for the residents of Immokalee. This ideology led you to deprive many of our most needy residents important healthcare information. It was a callous act of disregard for the well-being of Collier County residents. And let me finish by saying you are inconsistent in your handling of health matters. In that February discussion, one of the April 11, 2023 commissioners suggested making a part of what you took away by using funds from the county budget, but the County Manager said, no, healthcare isn't in the purview of the commissioners. So how is taking healthcare education away in your purview? How is supporting an extremist ideology about healthcare in you purview? �+ Collier County is a great place to live. It has so much recommend that people come here to live. People cornea to visit. Becoming a poster child for an extremist ideology p tain on our community. I urge you to vote no on the resoluti the ordinance and take care of the people. MR. MILLER: Your next speaker is Ka Mar if. She'll be followed by Edward Ludwig. MS. TARDIF: Hi, again. Le4's40 an you all hear me? CHAIRMAN LoCASTRO: y MS. TARDIF: Thank you. , hello, County Commissioners. Thank you for your long hour n you hear me really -- CHAIRMAN LoC Yes. MS. TARDIF: -- yo hard work and commitment to the diverse Collier County citizens you represent and serve. Like you, many of us wor rd for the betterment of life for all in Collier County and, , o , exhaust ourselves promoting the common good, resp ct, peaceful coexistence of such diverse groups and opinionsiar, So Collier County has managed to stay that way. Your c 1 hondling of the unnecessary and volatile health freedom or ce and resolution is mission critical to preserving the peace. Peace is necessary -- is a necessary ingredient to attracting and keeping our visitors and owners and residents; stirring animosity is not. The ordinance and proposal offers nothing that improves quality April 11, 2023 of life in Collier County. It does nothing to improve upon the peaceful environment; rather, a hornet's nest was stirred, kicked, not for the betterment of Collier County. And now, just two weeks since officially proposing it, special interest groups and concerned citizens are rising up in anger. What is the benefit to Collier County owners, taxpayers, rs, residents? What is the benefit of deepening local rifts and divides? Especially for an ordinance and/or resolution that will c 1 ly immediately become litigious and cost us, Collier CAun axpayers, retailers, restaurants, merchants -- will cost us mo Vd peaceful coexistence. ��, And for what? Florida laws alreadyoffei�m�s if not all of the , legitimate protections this other group say e need and without costly litigation, but who doesn't like a. o ow? The last meeting's and again tb §' ceded time, multimedia, special guest appearances, present i�c is" made for quite a show. The hornets nest is stirred aga' But still, it's not too eset the clock. March 28 may have released the horses of the lier apocalypse from the barns, but today we still can -- theAommissioners still can rein them back in. I respectfu4 sk each of you to decline to further contemplate, thus promote se ollier County powder kegs. Hopefully today you will p ase ut down the costly in so many -- too many ways, the Health om Bill of Rights and the Health Freedom Reso k you very much. AIRMAN LoCASTRO: Thank you. MR. MILLER: Your next speaker is Edward Ludwig. He'll be followed by Dr. Michael Finkel. MR. LUDWIG: Thank you, Commissioners. And I'd like to thank Commissioner LoCastro. I only found out about this April 11, 2023 yesterday. I wrote an email to him last night, and he responded to it at 11:15, so God bless you for working late. I'm a 10-year resident of Naples. I represent myself and more than a few neighbors. I'm not part of any organization. I've worked for over 40 years in the medical technology industry. I've serve s a CEO for a Fortune 300 medical technology company. I se the trustee of Ford Hospitals in several states. I currently s on the board of two public medical companies. I'm also a ber of GNL, but I'm not speaking on their behalf. I would like to call out several major observa oblems with this proposed resolution. Number 1, in the n ti t is resolution is very, very long on inferences, hearsay, gene 1 ie , innuendo, and very short on competent, independent, ve ' ed acts and data. I urge the commissioners to ask for independ petent verification of every one of the resolution statem t�, is should be easy to do. And if you find independent verifi n, is accordingly. On the positive scientific as I said, I've been an active professional student of t -- the US FDA for over 40 years. They do their homework Nked up by independent medical professionals and competent clinical trials data. Always, they're a gold standard. mRNA in have been thoroughly scientifically developed and have en ed in clinical trials to be competent and safe. Those who 'cize or doubt the mRNA platform haven't been follo verified scientific progress of this technology over the last S. ith respect to the recent COVID vaccines, they have been thoroughly clinically tested to provide -- to be safe as prescribed by the FDA and CDC, period. Finally, with respect to the false and unethical assertions by our Florida state surgeon general -- and perhaps this was one of the root April 11, 2023 causes of the -- of the freedom proposition here. So, finally, with respect to the false and unethical assertions by our Florida state surgeon general that COVID vaccines were less than safe -- less safe than going it alone, these assertions were made in spite of the fact that the clinical evidence in the study he cited affirms that seriou cardiac complications and fatalities were greater among those �+ unvaccinated, and those who were vaccinated had better outlines and fewer negative events. Read the study as recommended by Dr. Matt Hitoe Our surgeon general picked the data he wanted to sup is point of view. Another definitive study evidenced 11 ti s o er risk of myocarditis if vaccinated, lower if vaccin d, IX versus unvaccinated. Finally, I've personally read e 1 reports that the risk of adverse events from COVID vacci e less than the risks of taking regular or low -dose aspirin. his resolution also ban aspirin if it's scientifically verified Don't take my word 't. Look into it for yourselves. Thank you. Do your homewcjok, then do the right thing. Follow the science. Don't �4g us back to 1918 when flu ran rampant or to 1950 when p e Nd from portfolio -- polio before the polio vaccine. ha ou for your time. MR. R: Your next speaker is Dr. Michael Finkel, and he w' owed by Nikki Blaha. IRMAN LoCASTRO: Listen, my fellow citizens. Let's be ectful for -- to everybody here. You know, we're trying to have a professional conversation. This isn't, like I said, The Jerry Springer Show, okay. So I applaud you all for being here on both sides of the aisle, but we really want to keep this professional. So, you know, cheering and scoffing at the speakers, you wouldn't want April 11, 2023 that if you were up at the podium. So I'd just appreciate, you know, some -- a bit of decorum. Sir, you have the floor. DR. FINKEL: Honorable Commissioners, my name is Michael Finkel. I'm speaking as a 24-year resident of Collier County wzN,, practiced medicine here for over 15 years. `+ And I'm here to speak against the proposed ordinance di resolution. I'm a retired board certified neurologist. I am past president of The Wisconsin Neurologic Society and the Florida Society of Neurology. I've been on the staffs of Clinic and of Cleveland Clinic. Please review my credenti N e as a credible presenter and do the same for the people who' a so presented positions contrary to mine. A _ Decisions on issues related to lie V�nust be based on reproducible data, not innuendo ovoVk testimonials. Everyone is entitled to their own opinions bu rtlieir own data. The U.S. and Florida Co ions are established -- are not established by any highe p They are -- there are no stone tablets from the mountain ut there are paper documents written by humans based on��rec4#Roman concepts of democracy, of law, and of what a repub ' 's. The founders of the U.S. Constitution were educated in tl�sj co cepts and drew upon them, not any religious texts. The rVWd resolution is still fatally flawed. I will focus on why the i retations of individual rights are subservient to public health �Y-essities. e Florida Constitution clearly establishes the state's concern for t e health of the public as an aggregate without exceptions for individual desires. Per the state constitution, all counties have a department of public health with countywide responsibilities for the health of all. This is not a purview of the Board of County April 11, 2023 Commissioners. Similarly, the U.S. Congress has established the Center for Disease Control and Prevention. They were crucial to controlling COVID, among many other diseases, and preventing its spread. Today on National Public Radio -- National Public Radio, Flori Surgeon General Ladapo had been proven to have altered rep fit his biases and totally misrepresented the conclusions of sciences -- scientists. O The University of Florida said that they could#dtic ipline him as he would be disciplined in most situations by anstitutions because he was acting as surgeon general, no a a member of the staff. The redundancy has been addressed. f you're going to do anything with this, first, you've got 411 1 rmation recorded. Get independent people to review the t2�, tell you what is reproducible and what is not. Finally, Rick -- David Si rg has made an excellent response -- excellent propogarding how to honor the healthcare workers and those who wNpatients here in Collier County during the COVID. It's a memorial to them. It's not a gotcha resolution. CHAIRM oCASTRO: Thank you. Ma'am. MR. VILNR: Your next speaker is Nikki Blaha. She'll be followed b nme Bullock. AHA: My name is Nikki Blaha. I moved to Collier C 1988. I'm 75 years old. I have been vaccinated for C , and yet I did catch COVID, and I spent at least 12 hours feeling achy. So I am very pleased that I took that vaccination and that protection. I am deeply disturbed by this proposal. There are people who do not believe in science, vaccination, masking, and quarantines. I Page 90 April 11, 2023 suspect that those same people would suddenly become believers and want medical help based on science if they or someone they love had a heart attack, stroke, cancer or other cancer treatments or other medical emergencies. Your job is to make the best decisions for the greatest num of your constituents, not decisions based on a few people who a l i . Science deniers can choose to not get vaccinated, not VO4 masks, and not to quarantine themselves. If some of th �lks work in health fields, I would suggest that they have into the wrong field of work, and they need to work in fiel ere science is not a major part of the job. However, this ordinance would deprive a d others of the good medical care that I expect and haveZrotected to appreciate in Collier County. I want to feel confid with the knowledge that all staff in hospita t care facilities, doctors' offices, medical and testing facilit' s armacies, nursing homes, rehab centers, et cetera, are v ed and masked. Also, children are o precious citizens. All public schools should allow the e protocol as hospitals so our children will be protected. � The popula of Collier County should not be forced to accept the primitive is care of the late teen hundreds. These proposals ou not be passed. Than for listening. LLER: Your next speaker is Jeannie Bullock, and s e Rowed by Dr. Williams. . BULLOCK: Good morning. This is -- I'm Jean Bullock, M.D. I'm a radiologist, board certified, and I'm really pleased to have the opportunity to talk to you today. I'm very concerned that this resolution that has the word "freedom" in it is not going to promote freedom from disease. Page 91 April 11, 2023 We've been through three very, very difficult years but, luckily, in the year 2020, early 2021, a vaccine against COVID was developed at warp speed -- can you hear me okay -- at warp speed. It was just historic speed. We have never had a vaccine/vaccination that was developed in less than a year, so this was a wonderful thing. Unfortunately, the effectiveness of this vaccine in terms curbing deaths -- and we had a lot of deaths. We had -- th in ers of people who were dying daily in 2020 and early 2021 s ike the equivalent to several jetliners crashing, several 911 s single day. And so once this vaccine was available, lucki number has decreased significantly but, still, a lot of peop i ecause of people who were anti-vaxxers. Let me just tell you a very brief sto Smallpox vaccination, when it was introduced and it was sort - ind of a ground -roots thing, but Benjamin Franklin had rtunity to have one of his sons kind of inoculated with flui o the pustule of a smallpox victim, and he refused. He w of anti-vax in those days, and his son died from a seve smallpox, and this ruined the rest of his life. He always re ted the fact that he denied vaccination to his son. *#* I know the ' ocation today, which really called for wisdom as our guiding f c -- really urge all of you -- that was so well put. Wisdoms oul our guiding force, and we should be basing our decisions o ' ence, and I really urge all of you to do that. You're in a of really great power, and I urge you to turn down t - bill, this resolution. eedom involves responsibilities to others. None of us live in a bu ble. If we carried this to an extreme, we'd say people don't have to have their pets immunized for rabies anymore. I don't think any of us would be in favor of that sort of thing, but there is a Florida resolution calling for vaccination. And I just think that if we said, Page 92 April 11, 2023 I'm not vaccinating my pet, I think there would be a lot of people who would be upset. We owe it to other people. We owe it to all of our friends, neighbors, families to promote vaccination. I urge you to turn this resolution and bill of rights down. I\rt4, Thank you for your time. MR. MILLER: Mr. Chairman, a quick question. Acing to our rules, registration to speak on an item's supposed to Off at the beginning of the item. I am starting to receive a cou ore slips. I just wanted to make you aware of that, let you If you want me to cut it off, let me know going forward. CHAIRMAN LoCASTRO: Not yet. Y a -- MR. MILLER: Going forward. Your next speaker is Dr. William ollowed by Diane P. Moore. DR. WILLIAMS: Good mo i g. Yours is a tough challenge, a challenge of a grand jury an ular criminal court. The grand jury process is the accu t of facts, not prejudices, not gossip, but facts. My interest is i t e facts. I'm a retired p ofeVor of pharmacology and internal medicine at the University o exas Southwestern Medical School in Dallas and Parkland Ho It 1. I have four years of experience as head of the Cardiovas ula nal Research Division of the Hoffmann -La Roche Corporatio ve had two years of research experience at NIH, not far fr I aboratories of Anthony Fauci. w that Anthony Fauci is one of the finest -- finest scientists, lea And anyone who attempts to undermine his reputation either are ignorant of the facts or have some sort of a political design. Anyway, I actually developed some of the technologies for measuring messenger RNA in tiny fragments of the tubule of the kidney. I mention this because the mRNA vaccines that we have are Page 93 April 11, 2023 extremely effective in preventing serious COVID-19. People who have had the vaccines have much less serious illness if they have been vaccinated, and nearly all of the people who have died from COVID-19 did not have vaccinations. You have a record here documenting Edward Ludwig's I\rt4, comments. I support those absolutely. I'm just very troubled -- I just found out about this, anc��ist came on board here this morning, but I'm very troubled chat I see in this, and I request of you to not approve this resol I thank you very much. MR. MILLER: Your next speaker is Di ore. She'll be followed by Melanie Chadwick. MS. MOORE: Good morning. I' iane Preston Moore, and I'm the president of the League of VYo ers of Collier County. The League of Women Vote npartisan political organization. We firmly believe i e individual rights that are established in the U.S. Consti , but we cannot support the ordinance or the resoluti refs no question that COVID was unlike any other public he crisis. Hospitals, governments, agencies, business, and�ndividuals made decisions -- the best decisions that t could be based on evolving information. In any p)c h lth crisis, local, state, and federal governments must bala re dom with public health and safety. Citizens rely on their gent to make decisions for the greater good and to provide fublic safety in a time of a pandemic. The ordinance and the resolution preemptively limit freedom in the name of guarteeing freedom. They tie the government's hands in the event of a future public health crisis. The ordinance allows for minority rule. It requires a unanimous vote of the commissioners for decisions like mask and vaccine mandates. But the Board makes its decisions based on majority rule. April 11, 2023 Requiring a unanimous vote is the exact opposite of majority rule. Requiring unanimity is more like minority rule. That is, one person disagrees, that person wins. That's not good policy. Both the ordinance and the resolution attempt to control the decisions of private businesses. The ordinance requires private N businesses to re -hire a terminated employee. The resolution suppresses the rights of public business -- of private busine;O especially hospitals and medical institutions, to run thei mess as they see fit. A private business should be free to ma decisions it deems appropriate to run its operations. Local ments should not interfere with those business decis' S. The ordinance and resolution are overbro , verreaching, they're vague, and they're unnecessary. 're imprecise, not specific, particularly the resolution. . I ' urate, not factual. They misrepresent Florida law an nstitution. They profess to protect health freedom, but they le v e most vulnerable at risk. I agree with Mr. Rifkeys etic) that new pandemics will come. If we experience public health crisis, one that might be more deadly than CO our local government must be able to react to protect public healt and safety. We should not restrict freedom in the4 e of preserving freedom. And on a th League respectfully urges you to vote no on the ordinance and the resolution. Thanki�'M. AN LoCASTRO: Mr. Miller, one announcement that I' ing to make, in case anybody's out there pending, is when we ak at 12:20 or 12:30 -- when we break, that's when we're going to end any question, you know, turn -ins or whatnot. So people have a window between now and when we break for lunch to get you anything, and then when we resume after lunch, whatever you're sitting with in your hand, that's who we'll hear from. Page 95 April 11, 2023 MR. MILLER: Yes, sir. CHAIRMAN LoCASTRO: Sound fair, County Manager and County Attorney? MS. PATTERSON: Yes, sir. Okay. Next? MR. MILLER: Your next speaker is Melanie Chadwic She'll be followed by Keith Flaugh. MS. CHADWICK: Hello. My name is Melanie Chadwick. I'm a Naples resident. N I want to start out by saying that authoritaria not the same as public health emergency action, and to equ t o is really false. I also want to read a little bit from a Aw ork Times article that made the point that back in 1898 to j 9 s e Americans declared that they would never get vaccinattd*&nZHaged at government efforts to compel them. Anti -vaccinate croups spread propaganda about terrible side effects and cc o ors. State officials tried to ban mandates, and people made f vaccination certificates to evade inoculation rules already iNlace. The disease was smallpox. So we see that in our country, Americans have periodically disliked mandat but when we look back we say, gosh, I'm glad smallpox is ejAcAd from this country. When the polio vaccine came out, her cried because she was so happy that her children w of have to have the threat of polio. That has also been ed in this country. So there has always been opposition to m1h es, but it hasn't always been partisan. It has become partisan now. I also want to point out that legally speaking, the Supreme Court resolved the issue of mandatory vaccinations in 1905, ruling 7-2 in Jacobson vs. Massachusetts that they were constitutional. This is Justice John Marshall Harlan, who is known for defending civil April 11, 2023 liberties, and he wrote, real liberty for all could not exist under the operation of a principle which recognizes the right of each individual person to use his own whether in respect of his person or his property, regardless of the injury that may be done to others. And as other people have pointed out, we live in a commun We follow lots of rules. We do lot of things that we may not �+ individually want to do, such as stopping at red lights -- ma�h�f us -- paying taxes, registering our cars, et cetera, et cetera. But we do it because we are part of a community. And this radical idea of freedom, that somehow a person standing on top oF-i� all alone is not what a societ -- a civilized soci is obit and it's not Y what America is about. I wanted to just quickly point out, to this is an article that was put together by the Pew Research And I would say, too, anybody who knows anything abi, ce knows that anecdotal evidence is the weakest kind of ev ce. We've heard a lot of anecdotal evidence this morni 'm so glad that other people have spoken up for science. Apparently, in the pandemic, in the very beginning of the pandemic, it was i the cities that people died the most. CHAIRM oCASTRO: Ma'am, you'll need to wrap up soon. Thankt�'w. , MS. HAJVICK: But starting with the spring of 2020, the third wave e pandemic, counties that voted for Donald Trump over . en suffered substantially more deaths from the c Otis pandemic than those that voted for Biden over Trump, an t has continued. The coronavirus death rate among the 20 percent of Americans living in counties that supported Trump by the highest margins in 2020 was about 170 percent of the death rate among the one in five Americans living in counties that supported Biden by the largest margins. Page 97 April 11, 2023 CHAIRMAN LoCASTRO: Ma'am, ma'am, I respect your comments, but if you could just please wrap up. MS. CHADWICK: I will wrap up by saying, so why is this being brought up? As so many people have pointed out, this is redundant, perhaps a waste of your time. I think that it's -- I thi that it's partisan. And part of what is being done is let's shakR� confidence in the CDC. Let's shake people's confidence in people's p p the W.H.O. Let's shake people's confidence in the FD (3nd that looks familiar. There's a man who's currently under CHAIRMAN LoCASTRO: Thank you, ma' MS. CHADWICK: -- under indictment o CHAIRMAN LoCASTRO: Thank you, a a MS. CHADWICK: -- did a lot of t an got it started. Thank you. MR. MILLER: Your next s a�'1, 's Keith Flaugh. He'll be followed by Michael Sales. MR. FLAUGH: Good on. It is afternoon so I can be the first to say that. "0 Thank you for allowi,me a few minutes. I won't take a lot of your time. On behalf lorida Citizens Alliance, we're about 250,000 strong here i st e and over 50,000 here in Collier County. We strongly sup o e intent and the spirit of what you're doing -- what you've bee �ed to ass in both the resolution and the ordinance. y p like to point out that I'd like to suggest you need an a t to the ordinance. In Sections 7, 8 and 9, there's a phrase at nd of each of those that says -- and I quote -- without the unanimous vote of the Board. I would urge you to -- I would suggest to you strongly that the five of you do not have the constitutional right to take away my individual rights or any of your constituents'. That should be a April 11, 2023 period, full stop, without the exclusion. We saw multiple counties and local officials throughout the U.S. unabashedly take away our constitutional rights that they did not have the authority to do. So I would ask you to make that amendment and move forward aggressively. N Thank you. CN�l MR. MILLER: Your next speaker is Michael Sales. F4.411 be followed by Kathy Gumph. O MR. SALES: Thank you. I bring a message lat�io eorge Washington. In 1777, which I think is relevant to our v n today, General Washington wrote, finding the smallp accine -- excuse me. Finding smallpox to be spreading a d fearing that no precaution can prevent it from runnip the whole of our army, I have determined that all tr all be inoculated. This expedient may be attended by so 1 conveniences and some disadvantages but yet, I trust ' Nsonsequences -- that its consequences will have t appy effects. Necessity not only authorizes but seems to re 're the measure. For should disorder infect the army in its nu way and rage with usual virulence, we should have to d it more than the sword of the enemy. And I do believe that ra ashington's statement is quite relevant to the ordinance ndk resolution that you are looking at today. For o years, I worked with medical scientists at the Mas s General Hospital and Brigham and Women's Hospital, cXMs,ently two of the top -rated hospitals in the world. I should say 1 S. These scientists were not perfect, and neither were the systems they worked in, but, in general, they were tireless hard workers, and they were sticklers for the validity of their evidence and their conclusions. They did not cherry -pick data. That's not how science April 11, 2023 works. These scientists are the opposite of misrepresentation peddlers and outright liars like Alex Jones, who has pervaded so much of this disinformation that is driving the conspiracy theories that have influenced our population. This ordinance and this resolution will keep Collier Cou m paying close attention to folks who work at the Center for se Control and who are truly dedicated to the scientific me Instead, it will further legitimate people who beat the' st loudly and tell you that drinking bleach is the way to cur ills. These people who preach those sorts of things are fr s, d they can't defend their research, because they don't know o o do research. I want to say finally, remdivir [sic] m ntioned in the course of this morning. If recollection serge vir is the drug that saved Donald Trump's life when OVID. MR. MILLER: Your next s a er is Cathy Gumph. I don't see -- G-u-m-p-h. I don't see proaching. I'll hold her aside. Libbie Bramson. ie will be followed by Kathi Meo. COMMISSIONER ANIEL: Meo. CHAIRMAN LoCAS RO: Meo, yeah. MR. MILL Meo? CHAIR CASTRO: Kathi, you can queue up. CO I NER McDANIEL: It's spelled Meo, but it's Meo. MR. R: Thank you, sir. MS. BRIMSON: Good afternoon. I'm a 25-year citizen of C,ktffN11$ounty, District 2, and support -- and do not support the he th reedom initiative. As I researched online to learn more about the people who spoke on March 28th and those who are speaking today, I noticed that some of the speakers are nationally known in the health freedom area. I wondered how many high -profile health freedom media stars are Page 100 April 11, 2023 residents of Collier County and whether noncounty speakers represent the will of us locals. The freedom speakers' stated concern about COVID vaccines is related to their belief that mainstream -approved vaccines are not safe and that alternate treatments, including ivermectin and hydroxychloroquine, are preferred, but they have provided no relevant scientific, statistically prof ectable support for their co4cerns. I'm alarmed that the freedom health these speakers C)elling is filled with misinformation and inflammatory verbia rlaid with a political agenda that removes science from medici I'm alarmed that one high -profile freedo ea c aimed that Pfizer vaccine was filled with polyethylene gl o , an active ingredient used in antifreeze. This claim read like wildfire. Actually, ethylene glycol is used in �n ' Polyethylene glycol is used in various vaccines and otlftrl�h aceuticals. I'm very uneasy that two fre"speakers sit on the board of directors of GlobaltechMD, ;tJ*PZ telehealth company that sells its services for 49.95 a Other global tech dir rs include General Michael Flynn and Roger Stone, both recipents of presidential pardons. One freedom speaker physici ' a patient advocate for bulldog.com that markets a $255 jab ki Of pe le who have accidently been touched by a COVID test s or inoculated with COVID vaccine. He nrMMCes himself on this website -- on his website as a skille4jeaker available for hire and shares his vision for the future ayM,% shares disturbing tactics to achieve the future. lo elieve that Collier residents have -- Collier County residents have little to gain and much to lose if you approve the proposed health freedom initiatives. I respectfully ask you -- I urge you to vote no for both resolution and ordinance. Thank you. Page 101 April 11, 2023 MR. MILLER: Your next speaker is Kathi Meo. She'll be followed by Michele Kelly. MS. MEO: Thank you, gentlemen. I was not going to speak, but I have -- I just can't sit here anymore and listen to so many, just, inconsistencies and just flat-out lies about what really happened. 11 right. So we can sit here all day long and we can argue if the to is effective, it's not effective, if people got hurt, people die ! I know for a fact from the VAERS website, just what has beywiVorted, which we know is just a small fraction, that just in st two years of this so-called vax, more people have had a rs ffects and deaths than the past 30 years of every single v ci a ion combined, all right. ' So the smallpox and polio and all or -- they had years of testing, years and years of testing.Z'P4 ing was thrown out there without testing. People are dro 1 ,like flies. We see it every single day. Everybody in Ho od, you see -- and soccer players fully healthy right on the ey're just dying, boom, myocardia and heart attacks. It's jus - exponential deaths. I'm just actually furious that people can�it here and say that Anthony Fauci is some great, wonderfu rson. The man is a criminal and should be in jail. They have lie t u . The government has lied to us. The CDC has lied to us, Lie .0., FBI, DOJ. This plandemic. It was totally created, and you think that weir ng to have another plandemic next year that it's an el ear, you are all mistaken. Because let me tell you, they are co after every one of us, and after they come -- they come after all the Republicans, they're going to come after all you Democrats, too. CHAIRMAN LoCASTRO: Ma'am, ma'am. MS. MEO: So -- I'm sorry. I'm sorry. Page 102 April 11, 2023 CHAIRMAN LoCASTRO: Ma'am. MS. MEO: We need to -- this is about freedom. CHAIRMAN LoCASTRO: Ma'am, you're speaking to us. MS. MEO: Okay. I'm speaking to you. You know my son is in the military. He's a staff sergeant in South Korea right now. e is 23 years old. He's totally healthy. He was forced to take ilk shot. He is so upset about it. So many of his friends hav n adversely affected. You heard from some -- last meeti w the adverse effects of so many in the military that were f to take this, and it's just not about facts. It's about our fr This is about liberties and freedom, as Commissione 1 s rought up. And we should all have the opportunity t a e whatever we want if that is what we want to do. Just eople say my body, my choice, okay, well, that's what I'm st c Thank you. MR. MILLER: Your next s, 's Michele Kelly. She'll be followed by Scott Sherman. MS. KELLY: Thank yo e much. My name is Michele Kelly. I've lived here fo 0 years or so. And some of the things I'm going to say are4vt going to sit well with anybody, but it's a platform. � First off, COVID-19 is a manufactured virus. It's patented. I've had a lot f time in the last eight years to do a lot of research about a to of N gs. And i go take a look at it, it's the SARS-Co2 that was as manipulated to become manufactured COVID-19. TkeIN o such thing. And if it's patented, it's not real. Natural vilycannot be patented. Co -- SARS-CoV -- SARs-Co2 is a natural virus. Secondly, there were no trials on the MMR. I did a lot of study in that, because my grandchildren were going to get vaxxed by their mother who didn't read anything. And the only one that was was an Page 103 April 11, 2023 MMR trial that produced autism in a trial sample of little black boys, and they all got autism. Dr. Thompson, who was in charge of that, threw the report into the garbage, as he was instructed to do. And just recently, in the last four years, he came out and admitted to that. Now, I'm going to go to some personal things. First of all, everybody else's health is not my responsibility. You haveZ that smoke and drinkdo drugs. I'm not going to worry abhem. Those are their choices and -- I don't know if I'm allowe Qay "God." God gives you free will. So you take care rself. That's your job. So as far as somebody mandating that I u e r a mask, take a shot, stay in the house, don't go shoppin cause somebody's health is going to be impacted, not my pr em. My dog's not in that fight. Here's my own personal expe+ie tc with doctors, and some of the doctors here have been less th,q. ompetent. First of all, I went to an endocrinologist with a p . There was a test taken, and he immediately said, well, ing to have you take this pill, then you're going to have an , and then you're going to -- and then we're going to take outeour thyroid. I said, no,&be not. You're not taking out my thyroid. Give me the medicuse I was familiar with it. I did my research, and I alre h had the thing. The s example I have is going to a primary care doctor that decid d had COPD, a heart aneurysm, and third stage kidney Eeure4 was told -- that was on my summary. We never discussed it. ave nothing. I have no problems like that, and it's in my summary from that doctor. I know another person who was told he had a heart attack. He said, I didn't have a heart attack. And this is recently. I have dentists that told me I had to have four teeth pulled. I Page 104 April 11, 2023 stopped, and I said, your job is to keep my teeth in my head. Now, just for a little follow-up, the endocrinologist was arrested. The dentist was arrested for felonious behavior. CHAIRMAN LoCASTRO: Ma'am, if you could summarize. MS. KELLY: Well, it's my feeling that -- don't just trust what you think you're seeing on TV or reading. Do your own research. You're responsible for your own health, and you should takre of it. Thank you. MR. MILLER: Your next speaker is Scott Sher. She'll be followed by Kathy Maines. He will be followed thy Maines. COMMISSIONER McDANIEL: I was in o ay, she's got -- MR. MILLER: I'm sorry. It's like A into these. CHAIRMAN LoCASTRO: NJr. we're going to stop at 12:30, okay. So however we can MR. MILLER: Yes, sir. CHAIRMAN LoCAST - however many we can squeeze in, and then we'll come b c t 1 :30. MR. MILLER: Yes, MR. SHERMAN:.,*Thank you, Commissioners. We do appreciate your tin e a-nd your attention to this matter. We are w� b our creator with certain inalienable rights, y and Bove e are instituted among men to protect those rights. It's not abo ether you believe masks work or whether you belie .nes work. It is about our freedom. It is our freedom to chaos o we really appreciate you guys having the wisdom to put this orb the docket and to vote for it. Thank you very much. MR. MILLER: Your next speaker is Kathy Maines. She'll be followed by John Meo. MS. MAINES: Hi. My name is Kathy Maines. I've been a Page 105 April 11, 2023 pharmacist in the community for over 30 years. The last 13 years I was working in a hospital. I'm no longer there for several reasons, which I won't get into, a lot of it having to do with the last three years of the pan -- or plandemic. My training is I received my degree from the University o Wisconsin -Madison. I did a postgraduate training program i Oregon at the Oregon Health Sciences University. I curre hold three licenses in three different states, and I'm a consult pharmacist. I also have certification for collaborativov tice pharmacy agreement. But, you know, I have a to erience as a pharmacist in the healthcare profession, work' i a y different areas, including hospital, retail, home healthca . What I witnessed in the last three ye has just floored as I saw many healthcare professionals turn 4 b to what was going on. I'm not representing any typ ital or any type of pharmacy. I'm just going to shar personal experience. But where I was working recently pharmacists were given a 10 percent raise before t I�e came out. We were all kind of shocked at that. And the ere just told that we were doing such a good job at our jobs thq,�ithey wanted to give us that raise. In over 30 s of practicing as a pharmacist, I've never received mor an percent raise, and a 3 percent raise was great at that, yo kn point in time. I don't know what other people do -- you , get as far as raises but, basically, it's cost of living. i t being said, then the vaccines rolled out. If we all got f inated, the pharmacist, that is, we received another 10 ent raise. In talking with a lot of the other pharmacists, they went back and forth whether they were going to receive the vaccine or not. And I would say probably 50 percent of them were not going to. From the research they did, from the knowledge that they had, they Page 106 April 11, 2023 said they definitely would not consider getting this vaccine. It hadn't been out long enough. It hadn't gone through enough research. There was a lot of concerns about it affecting the DNA. But, anyways, when that second 10 percent raise came out after -- if they got fully vaccinated, every single one of them go vaccinated except for myself. And it just goes to show how d are being coerced into things with money and finances. I s t at the hospital. We've already discussed that. And you (i entioned if things were talked about already, not to repeat it. already talked about the financial incentives of the hospita o we don't need to go into that but, yes, I did witness tha So what I did was the last three years, I s n my own personal time after work, got very little sleep, just ping people stay out of the hospital, stay healthy, get treatrrLen ould work -- CHAIRMAN LoCASTRO: ould sum up. MS. MAINES: -- fight with pharmacies. CHAIRMAN LoCAST you could sum up, ma'am. MS. MAINES: Pa CHAIRMAN LoCA O: If you could sum up. Your time's up. But if you co lid sum up. MS. MAI : Sure -- fight with the pharmacies to fill the prescriptions he ermectin, hydroxychloroquine, whatever would work. T afraid to fill prescriptions with the azithromycin for some re I'm not sure why that is still. I guess it was beca aybe their supervisors telling them they couldn't. o many people died because of lack of treatment is what I wi ed, and so that has been my goal now is to just help people stay ealthy, stay out of the hospital, and get treatments that are effective. CHAIRMAN LoCASTRO: Thank you. MR. MILLER: Mr. Chair, your next speaker is John Meo. Page 107 April 11, 2023 That should be our -- probably our last speaker before lunch, sir. CHAIRMAN LoCASTRO: And we'll close the comments as soon as -- MR. MILLER: Yeah. I'll stop accepting slips. We'll still have like, like, nine people left. I\rt4, CHAIRMAN LoCASTRO: Go ahead, sir. MR. MEO: So thank you, Commissioners. I'm kind cleanup for before lunch break. O So I don't really have anything prepared to say, Ijust thinking -- I'm a pretty good thinker off the top of ad. And I'm not going to dispute the experts on this side a perts on the other side, but there are comments made that a ri ing. When we're talking about freedom -- ery body has freedom. I have my freedom. My freedom is gu by God and by the U.S. Constitution -- and I hear things, ave occurred in the last three years that they're likened to 1 vaccine and -- that's kind of ridiculous. I was born in 1949. ver seen the country shut down businesses, tell people wh 'obs are critical, what jobs are not critical. If any of ou Wuld recall that as a citizen, you let me know. I don't ever rem er seeing that. So I co ow to this: You gentlemen are the voice for the people of olli ounty. You actually have the obligation to ensure my freedo As was said by one of the commissioners, if som ants a vaccine, go for it. If somebody wants a mask t s ess, go for it. ' not going to believe every scientist or pseudoscientist that came up here, but I do believe in my right as a U.S. citizen, and that right has been placed on your shoulders. I want my guarantees that I had growing up in this country -- in the greatest country in the world to be guaranteed for the future April 11, 2023 generation. So I've got about -- did I run out of time? My clock never started here, so I have no idea how much time I have left. So, again, you're not experts in medical treatment. I'm not an expert, but you know what your heart tells you, and you know w t you've seen over the last three years. And what the last three-;; have been done to this country is atrocious in the guise ofesne cting people from some created vaccine as one -- created viru , speaker mentioned it. So I would implore you to vote for this reso$nI ldh'ote for this -- that's before you, and provide for the soice that everybody here is talking about that we all ha thank you very much, guys. And have a great lunch. CHAIRMAN LoCASTRO: We sume at 1:30. (A luncheon recess was had Apm :29 p.m. to 1:30 p.m.) CHAIRMAN LoCASTRO: Q;ffMiller? Mr. Miller, please call our next two speakers. n MR. MILLER: Ourfte7t two speakers are Jose Jaramillo and Tom Henning. Jose Jaramillo. (No response. MR. MILL I don't see him. I'll set his aside. Tom He 9. COMM NER HALL: Tom's not here either. MR. MPLt R: Yeah. I saw him before the break. I don't see him now. Domenico Ivan Priano. I know he's here. I just spoke to him. ou're next, sir. And he's ceded additional time from Joseph Alger. Joseph, are you here? MR. ALGER: I'm giving my time, right. MR. MILLER: Yes, yes. To this gentleman. Page 109 April 11, 2023 MR. ALGER: Gladly. MR. MILLER: Total of six minutes, sir. COMMISSIONER McDANIEL: There's Henning. MR. MILLER: And there's Mr. Henning. So Mr. Henning will be after this gentleman. Domenico. MR. PRIANO: Thank you so much. Ladies and gentlemen, Board of County Commissiol , thank you so much for the chance to get my voice heard. My name is Lance Corporal Domenico Ivan Priano Cochella, ed Marine Corps veteran. My voice is the same voice t 's a ing for those, both civilian and military alike, who are no lon e ith us on this earth. This injection, this poison, was,o er to be trusted in the first place. Thousands, if not mil ' American citizens lost their jobs and their financial stabil My heart goes to the -- t to the thousands of doctors, pilots, law enforcement office and other families and loved ones p � � whose lives have been cri*d by this vaccine. I am one of thousands of military service members who was diagnosed with 6-rns arditis only after just a mere three months of receiving the on & Johnson COVID vaccine. I am my years of age. I'll probably not get to live through my 40s m , my 60s and so forth. Of my graduating class from the m' ' olice officer course in Fort Leonard Wood, Missouri, half of my marines have been hospitalized for heart -related iss nd pains. One thing to point out is the -- is that of the -- I'm so sorry. One thing to point out is that the oldest of my marines who graduated in my class was 28-year-old -- 28 years old, and the youngest just being 18-year-olds. I am living proof that the vaccine is killing Page 110 April 11, 2023 Americans. The American people have suffered far too long. The Health Freedom Bill of rights and resolution is only the beginning of the end of the massacre of innocent men, women, and children, for they will be allowed -- for they will be allowed the freedom of choice an t to abolish vaccinations -- I'm so sorry -- not to abolish vaccin For any of those opposed, I have and will continue to or the day that you all open your eyes. This is kind of an add -on that I was recently toPon. iis is going off of what I had planned to speak out -- speak abut I have a female marine who is stationed over in Camp Pen Just like myself, she is a 5811 military police officer. She has not -- had not just one, not two, but three strokes three - mere three months after receiving the Johnson & Johnson CQV ine the same day that I received the same vaccine. It's -- it's hard to explain hoZ�Nfrustration and how heartbreaking it is to live in a where the very same government that I signed to serve an is the same one that's killing millions if not thousands American citizens -- the ones wearing the service uniforms overseas, he ones wearing the uniforms in California, the ,Ain North Carolina, South Carolina. This Fre cT m of Health Bill of Rights and ordinance allows people to oo hat goes in and what does not go into their bodies. All I a you, Commissioners, is to please consider to pass this - this Bill of Rights. People need the choice. Too le have died because of this vaccine. To create a vaccine in r a year -- unfathomable, impossible to be 100 percent certain that this vaccine would not have killed people in the first place. There's no way it would -- it wouldn't have -- it wouldn't have -- there's no way it -- there's just no way. Once again, Commissioners, please consider this Bill of Rights, Page 111 April 11, 2023 please consider this ordinance for the sake of the people, for the sake of the people in Collier County. For those who are not even on this earth with us anymore, please consider the Bill of Rights and the ordinance that we're trying to pass. Thank you so much. MR. MILLER: Your next speaker is Tom Henning.ltl be followed on Zoom by Bill Feldman. MR. HENNING: Mr. Chairman, Board members. O Well, to be perfectly honest with you and in my le opinion and, of course, without offending anybody who th' ifferently than my point of view, but also looking at thi at a different perspective and without condemning the view its of many others that may try to object and consider each o of the valid opinions, I honestly believe that I forget what I�w to say. Terri, what was -- oh, yeah. As a has-been and a 50-year s ent, I want to welcome everybody to the Board of Co ommissioners. Let's keep it simple, put the KISS tre t �n it. All this is an affirmation or a statement by the leaders o r great community of citizens' rights. That's all it is. So I wV watching this and, Mr. McDaniel, you look really good toda . COMM O R McDANIEL: Yeah. I got my pretty tie on. MR. IL R: I'm sorry, Mr. Chairman. The r your speakers are on Zoom. Your next speaker is Bill Feln. He'll be followed by Brown Collins. Feldman, you're being prompted to unmute yourself, if you'll Ao that at this time. Mr. Feldman, I see you're unmuted -- MR. FELDMAN: I'm unmuted. Thank you. MR. MILLER: You have three minutes, sir. MR. FELDMAN: Okay. Thank you. Good afternoon. I am speaking in opposition to the resolution Page 112 April 11, 2023 and related ordinance. Let me be clear that I believe the ordinance serves to prejudge what actions you, the commissioners, take in the event of another pandemic. Let me be further clear that diseases do not care about individual freedoms and bodily sovereignty. The Board of County Commissioners serves as the governin body of the county and has the responsibility of setting �+ policy -- policies that protect the health, safety, welfare and�lity of life of our residents and visitors. O In my view, you should make policy based on t t available information related to the topic you are considerin disqualify experts and institutions and offer very little in f credible alternatives is a disservice to this body and to r co munity. It is not tyranny to keep an open mi nd consider all reasonable sources and options. I list he discussions of the commissioners during the pande .�, ile I do not agree with all of their decisions, I believe over 1 listened and made judgments based on the best available in ion. This resolution see it the options available to this commission based on the clusions that some errors were made. It is fine to learn from r►istakes. It is not fine to legislate away options the next e a healthcare crisis happens. Thank y�C:, be follo LNR: Your next speaker is Brown Collins. excuse me, by Kim Finer. He will ins, Brown Collins, you are being -- I think that's a MMISSIONER McDANIEL: It is. 'MR. MILLER: All right. Well -- I'm sorry. There's been a mix-up on the Zoom end. We're going to go with Kim Finer because she's unmuted. Ms. Finer, you have 10 minutes, and you will be followed by Page 113 April 11, 2023 Brown Collins. CHAIRMAN LoCASTRO: Ten or three? COMMISSIONER McDANIEL: Three. MR. MILLER: Three minutes, excuse me. MS. FINER: Shoot. I wanted those 10. MR. MILLER: No, no. MS. FINER: Good afternoon. My name is Kim Fin.4,nd I reside in Collier County, District 2. 0 I retired as professor of biological sciences at an niversity after spending 30 years teaching microbiology, vir gy immunology, and infectious disease courses t v 060 nursing, premedical, medical, and Pharm. D. students. ave authored numerous textbooks on infectious disease one of which have been banned. Given my training and expe e as and am appalled to hear speakers at the current and previ eeting repeating COVID conspiracy theories and disinf 'on. The most offensive statements push parallels n public health approaches and Nazi atrocities. This is unacce ble. It wa: propagand Surgeons, vaccines n should not urb, dig fo hear speakers parroting anti-vax d by the American Association of Physicians and Wige group whose members think that COVID your body and contain microchips. This group sed with the American Medical Association. )klwce have I heard any pro ordinance speaker provide le a data -- that's not anecdotes. That's not opinions, stories, or ur yths -- from vetted research studies written by virologists, vaccinologists, or immunologists. I could refute every false talking point with scientific evidence generated by well -designed, controlled, unbiased academic research, but I only have three minutes. Page 114 April 11, 2023 In my opinion, the citizen group pushing these documents invalidates their premise by supporting it with pseudoscience, conspiracy theories, and disapproved hypotheses concerning ineffective clinical treatments. Mandates and other efforts to control infectious disease are nothing new in the United States. We heard about George Washington, Ben Franklin, Typhoid Mary. We've been pu44these controls in place for well over 200 years. O In a civilized society, an effective community re e to health emergencies requires temporary rules and regulati limit disease and death. There will be other pandemics; t , i is imperative that Collier County remain flexible to address u e outbreak in a timely fashion. We cannot do that if we ve an obstacle in place like this redundant ordinance. I'll close by saying that I'm reed*, ecause I spent Easter with my 91-year-old mother who is h a and alive today thanks to vaccine and mask mandates f e as well as the workers in her assisted living facility. 110 In conclusion, this proposed ordinance, as well as the resolution, makes a mockery of legitimate science and evidence -based medicine. There are many ssing issues in Collier County that deserve the commissione 'm nd attention. This resolution and the ordinance on olve any problem currently facing the county. Both shoul rejected so that we can move on to more important matt ank you. _e'N MILLER: Your next speaker is Brown Collins. He will be'li, 6wed by Michelle Kingsbury. Mr. Collins, you're being prompted to unmute your microphone. If you'll do that at this time. There you go, Mr. Collins. You have three minutes, sir. MR. COLLINS: Thank you. It's merciful that I'm not on Page 115 April 11, 2023 camera. It's better for everybody. I know two of the commissioners personally for some time and suspect all sitting there are people of good will and intent. I've got three things I'd like to speak about in my three minutes: God, country, and individual. I taught my children that in the beginning, man created God, so it is a different perspective than many we've heard today, aiA�4 t respect those with different opinions. C From a country standpoint, I've heard much of t t person singular -- I, me -- rights, and I -- it's interesting b I'm a generation that grew up as a baby boomer in t - orld War II period and heard stories and still have things li e ationing stamps for sugar, meat, rubber, gas that were issued ing World War II, and none of my ancestors or the folks I to t generation ever complained about how that trampl eir individual rights for the collective good. And much of t ear today and for the last few years, from my seat, looks lik ing -- the entitled whining. I would suggest, as cess the information you've been given over time and here y, looking at it as a skirmish in a new global conflict. Btix thVime I believe the planes and tanks and that sort of thing en in the next world war, it will be over. It is a cyber war thrs ee going on for a long time where adversaries like the Russia shinese, the Iranians try to amplify and monetize our natural ' al disagreements. And in my opinion much of what earing now is that. reciate your time, your good will, and your effort. Thank yo the time. MR. MILLER: Your next speaker is Michelle Kingsbury. She will be followed by the Reverend Dr. Sharon Harris -Ewing. Michelle, you're being prompted to unmute your mic. I see you've done that. You have three minutes. Page 116 April 11, 2023 MS. KINGBURY: Good afternoon, gentlemen. First of all, I'd like to say I fully endorse Kim Finer's points. I agree with her wholeheartedly. And I just want to say that I've had a house here for 25 years. I've also had five shots and have not ever had COVID, and I'm v thankful for that. zse I believe in science and in vaccines, and they've kept Ao fe. My husband is immune compromised. Masks and vac '0have kept us safe. When did we stop believing in science? No s the right to spread their germs that would endanger the e ' e u ation. It's never been done before in history, and it shoul n t e allowed to happen here all in the name of freedom. this crazy law is enacted, we might as -- I'm sure that we, as other, rethink our investment in Collier County. Not a threat, jtst rea i y. Thank you. MR. MILLER: Your next a er is Dr. Reverend -- Reverend Doctor, excuse me, Sharon H - wing, and she will be followed by Tony Fisher. Dr. Ewing, you've un pted your microphone. You have three minutes. A DR. HAR-EWING: Thank you. My name is, as you know, Sharo fI rri Ewing. I am a resident of Naples. In or er t eserve my freedom and my health, the purported goal of Ag tems 9 and 10A, I strongly encourage you to vote no. 's possible to list all that is wrong with both the long list of ju ' ation for these items and the proposed solutions in three minutes. So here are just a few highlights. One, the justifications are replete with assertions of fact with absolutely no evidence. Two, they include mistakes of fact. For example, it is true that Page 117 April 11, 2023 getting vaccinated gave people protection against infection and transmission. Not 100 percent, but significantly enough to seriously reduce severe illness and hospitalization. If HCQ and IVM were denied to doctors, it was because research showed they did not prevent COVID infection, but they 'd risk causing harm. Research and accumulated scientific kno e from before COVID until now have been ignored or twiste and recognition. These proposals reject scientific evidence O Three, the very nature of these proposals is prob ic, even embarrassing. Real laws that criminalize certain ct are determined by the legislature, the governor, a t o rts, not by the county, and includes specific information abou p na ties incurred if broken. No information is provided here out enforcement, penalties, or the cost to taxpayers ifth orted solutions were enacted into law. Ste To the extent that they miry statutes, they are unnecessary and a waste of time and resou Fourth and most im he proposals before you are based upon values that may be h by some commissioners and some citizens, but they n ccy�nter to my values and the values of many others -- values lieve are fundamental to our democracy. Instead of worshipin iv uals' rights to do whatever they want regardless of their i act others, I believe in the public good, in government decision-m that protects all of us. the decisions made by these proposals or the s t s made -- excuse me. Many of the decisions made that th roposals find so objectionable were decisions made to protect public health. I want decisions to be made based on science and made to protect our public health. Please vote no. MR. MILLER: Mr. Chairman, your final speaker for this item Page 118 April 11, 2023 is Reverend Tony Fisher. Reverend Fisher, you're being prompted to unmute yourself. If you will do that at this time. You had. If you'll try again, sir. There you go. You're unmuted. You have three minutes, Reverend Fisher. REVEREND FISHER: Good afternoon, everyone. M �+ name's Reverend Tony Fisher. I serve the Unitarian Univ ist Congregation of Greater Naples. I seriously question titivation and need for this resolution and its ordinance. tand that the beliefs of those who have spoken on behaYN-Ne resolution are strongly held, I believe fervently that they rN n a very particular point of view and are not held by th l public. My faith tradition teaches us that the th comes to us from many sources. We believe in justice, i nd compassion in our relations with one another. And one thing I haven't hea i very recently is that we act for each other, for the commo , especially in times of crisis. What I've heard from fol want to uphold their own private wants and needs in the na e of freedom are not speaking for the common good. And, again faith tradition also teaches us that truth comes to us from man urc , including the teaching of science and the use of reason. This r iion assumes that good and qualified people on the state eral levels are not looking back themselves and assessing wZr,happened during the pandemic so that they can learn from their experience and they can adjust their responses to what was an unprecedented deadly pandemic that hit quickly and spread rapidly. No one promised perfection. Again, in time of crisis, we act in the best way we can for the common good. This resolution also sets up the Collier County Commissioners Page 119 April 11, 2023 as experts in areas of medical complexity, and it would allow for one commissioner, one only who does not go along with the majority, to potentially have a significant negative impact on the health of the citizens of Collier County. Please listen to local medical organizations who spoke out against this resolution. I haven't heard anything today that w+ lead me to believe that this resolution would provide any -- kind of protection for my health and well-being or for the me e s of my congregation. Science is a process, a method of discoverin th by people who spend a lot of time learning in their own a e pertise and understanding the process. We need to listen t e r acquired wisdom, respond with reason and not set the Collier County Commissioners, as wise as they may b , iters of our healthcare choices in times of a national crisi I would argue for the use of r n and strongly against the adoption of this resolution an ance. Thank you so much MR. MILLER: Mr. hairman, that was our final speaker on this item. CHAIRZ%, �LoCASTRO: Okay. Thanks very much, Mr. Miller. Okay`` I Nss we'll open it up for some discussion here. COM4t5ner Hall. SSIONER HALL: So thanks for everybody who s e listened to every one of you, 53 of you, and some of the co nts, I want to address them. We've heard a lot about facts. We've heard a lot about science. We've heard a lot about data. We've heard a lot about research. And this ordinance and this resolution doesn't have anything to do with that. It doesn't have to do with we believe that or we don't believe that. It has to do with Page 120 April 11, 2023 individuals having the right to choose whether they do or whether they don't and not having anything shoved down their throat. We've heard about a small fringe group or a radical few or special interest or people that don't live here. You know, this ordinance and this resolution doesn't have anything to do with th When I ran for this job, I ran with this as my number on �+ priority, no mandates, smaller government, less government``c trol. Call it partisan. Call it whatever you want. That's wh a. I was elected b 70.1 percent of the people in District 2. T , 27 501 Y p p p votes. I'd never done anything like this before. ey believed in the message that I wanted to bring forth. So that's not a trivial few people. That's of a mall fringe. I am representing the people of my district. So I wanted to say that and ma�e lic record. I'm not listening to just a small fringe or a'radic group. It has nothing to do with what we believe, what we �o 't believe. We want the choice. And here's what I rex*y(zii�l , and here's -- as I'm listening, this is what I'm thinking. It dovn't limit anyone's ability for the healthcare of their chore, period. It does limit other people's control over other peop ho don't want to make the same choice they do. And I u. ers n to Ong that control can be uncomfortable, but that's what it is i los control. It's not losing any freedom. Nothing is being take y from anybody. It's only being added to those who didn't g t 't. with that, I'm going to make a motion to pass this ordi� a ce. CHAIRMAN LoCASTRO: Commissioner McDaniel, we're going to still have some discussion before we vote. COMMISSIONER McDANIEL: This is -- this is about freedom. This is about control. I'm reading this ordinance. Page 121 April 11, 2023 Section 5 has -- and I'm looking at you, Commissioner Hall; I'm looking at the rest of my colleagues. It puts restrictions on business owners. If you're a Collier County business, you can't require certain aspects to have someone prove whether or not they can or cannot come into your business, and I have concerns about that. And for those of you who were here and have been watc tthat I've stayed -- I've stayed right in the middle. I've advocate personal choice. I've never once voted for a mandate. ©e never once voted for a government restriction that wasn't p n us by the federal or by the state. Reading Section 5 of the actual ordinanc e n -- Section 5A does that. Section 5B says that Collier Count w 1 not do that with regard to COVID-19. Section 6A and B th put restrictions on employers of businesses. And we 4av to protect the private business operators within our And I feel we need to make s adjustments to those sections so that a private business own that right to make a determination as to whet of -- because -- as to whether or not that private business own ants to allow me into their facility. Then that puts the responsibility of choice on me as to whether or not -- if Com sioner LoCastro runs a business and he says I have to have v cc e passport in order to enter into his business, that's his c oic Then it becomes my choice as to whether or not I want to et inated and have that passport and whether or not I want .nue to patronize his business. That's my choice. But byi restrictions on business owners, we're putting -- we're imposing government will on a private business. Further down, in Section 7, 81 9, the requisite of the unanimous vote for a mandate takes away -- I think it takes away the right of a board by majority vote. I would -- I would request that we give consideration to moving that to a supermaj ority vote simply Page 122 April 11, 2023 because -- there again, I was -- I was on the not happy side of the mandates that got put in back in '20, '21, something like that, because of a majority vote of this board to enact the mask mandate. I think a supermaj ority vote provides for sufficient protection but doesn't allow for one person to be picking and choosing whe r or not a particular directive or mandate should go forward. �+ And then -- are we voting on the ordinance first or the resolution, or do you want me to talk about them both? CHAIRMAN LoCASTRO: Well, I mean, we'lIS0 el them -- we're going to take them collectively, but 'rVoing to vote SK 14 separately. COMMISSIONER McDANIEL: Okay. , my comment on the resolution is No. 7 of the resolutio , nd -- I actually had this in my notes from when I read the resolut er the weekend, and it has to do with the mental health cAe asi. ct, 72 hours of -- COMMISSIONER KOWAL. at was removed. COMMISSIONER HAL was removed. It should have been removed. COMMISSIONER ANIEL: Okay. Well, there again, these things are ha pening on the fly. I get to read what's put in front of me. So ' that -- if that was taken out, then I -- you know, there again, t eso tion is -- actually -- so it did get removed? MR. A KOW: It did not get removed. It can be, though. COM IONER HALL: It should be. We didn't intend it to be o MISSIONER McDANIEL: Number 7, it says a right to menta health review. COMMISSIONER KOWAL: It's not on my copy, and I just printed this off this morning. COMMISSIONER McDANIEL: Okay. So if it's removed off of that, then, you know, I can live with the rest of the things that are Page 123 April 11, 2023 in the resolution. But I do have concerns with regard to the unanimous vote of this board and -- on any mandates and also the restrictions on employers. COMMISSIONER HALL: I could concur with unanimous vote -- or not unanimous, but super vote. COMMISSIONER McDANIEL: Supermajority vote.414; ► my comments. CHAIRMAN LoCASTRO: Commissioner Saun COMMISSIONER SAUNDERS: Thank you, �Nhairman. Pardon me. And I apologize in advance if I start h. I've gotten over a little bit of a cold, so every now n -- I remember saying this back when Bill McDani a d got elected back in 2016. I had indicated that I thin rt of my job is to help my colleagues be successful in their�ef5 s, ings that they want to accomplish in their district, and I , 'eve that to be the case even though there may some disagreem n this particular -- these two particular items. And I want to also Vect -- greatly respect Commissioner Hall and his enthusiasm iNthis, because I know this is coming from his heart, and I know that this is something that he truly feels is necessary. But I do now that I'm going to be able to agree with either of these, and ho ommissioner Hall understands that we do have differences inion, and it's certainly never anything personal. W e a motion on the floor to deal with the ordinance, and so I t t(►deal with that. I agree with Commissioner McDaniel that th vote needs to be changed. I believe Commissioner Ha;,,rAnimous has indicated that there's no objection to making that change; did I understand that? COMMISSIONER McDANIEL: Supermajority. COMMISSIONER HALL: Supermajority. Page 124 April 11, 2023 COMMISSIONER SAUNDERS: Supermajority vote, which I think does improve things, but there are some other parts of this that I have concern about, and it goes into the resolution as well. So I'm just going to kind of focus on the ordinance for a minute and then, Mr. Chairman, I'm not sure if it would be appropriate to talk abo the resolution. We have a criminal statute, a bill or an ordinance, that n t think is particularly clear as to what is legal and what is (tagal, what the penalties are, and I think that that creates a m for any kind of an ordinance that has a -- has criminal pen Someone has to be very clear about whether or not they 'o d n ordinance for it to be enforceable, and I don't think that t t' c ear inhere. Section 10, we don't recognize the a orr y of the World Health Organization. Well, the World Heilt zation has no authority in Collier County, in Florida, or i ntry. And so I don't know that that is a meaningful provision on't know what it means. I don't know what the impact o There's, I think, a b t all this does is incorporate state law into an ordinance. Well, e law is already part of our ordinances. And I know some indivj duals want to use this ordinance as a teaching tool. I think th was one statement from Mr. -- from Scott Kiley, I believe, abou ing,this and being able to educate the public on the details of hat By is embodied in the state law. Well, you don't need an or Ice of Collier County adopting state law to be able to educ e on what the state law says. n so I don't really know what this ordinance accomplishes. And I agree with Commissioner LoCastro that when we do adopt ordinances, we need to know what the impact of those are and what they really mean. And I'm not so sure that this does that. So there are going to be some changes, and I'll consider that as we get to vote on the ordinance. Page 125 April 11, 2023 On the resolution, I have -- I don't think there's any way I can get to a point of supporting the resolution, and part of the reason of that is, again, I don't know what the impact of this is. I don't know what the impact on county government will be. I do not want to be provocative here, but there were statements that our job is to pro t our citizens' constitutional rights. Z+ Now, I agree that our j ob is to make sure we don't violur citizens' constitutional rights. But if a citizen is out the some state agency, some federal agency, or some individu violating their constitutional rights, we don't have the mech to protect those -- those citizens from a violation of thei n 1 onstitutional rights. If you look at the Constitution, there a of of constitutional rights out there that I don't think we.ca olved in. I'll give you just a couple silly examples. t to due process. If someone is denied due process b to agency or by the sheriffs department, we're not the bod can protect those constitutional 11 rights. We have no aut do that. We have no resources to do that. And so this reso 'on, I think, creates expectations that are just not accurate. And so the re a lot of little other pieces of this that I just find that I can't ge a s around. What are the unintended consequenf.es his resolution? I really don't understand. Ands compelled not to vote in favor of an ordinance or resol don't really fully understand what it does. And I don't rstand what these items do. AIRMAN LoCASTRO: Commissioner Kowal. COMMISSIONER KOWAL: Thank you, Chairman. I kind of agree with Commissioner McDaniel under Section 5 and Section 6. I think when we start talking about freedom and freedom of choice, we have to watch we don't cross over a fine line Page 126 April 11, 2023 of violating people that, you know, put their hard work and their life's money on the line to have a business. And if they feel that it's their right to have certain provisions or certain things to operate that business, that doesn't mean you have to go to that business or service that business or use that business, because that's your choice; tha your right. And if -- people that do choose to go there have the frett i to go there and accept whatever provisions they want to i se to use their product or use their business; they have that rig But the market will determine if they're right ng with their own decisions, because that depends on what u a d your choice. If -- you either frequent there or you don't. T t' your choice. But I don't think us as a governing body have t right to tell any private business to -- what -- or what they can;VMh their business. That's not our j ob. Other than that, I also agree it t e supermaj ority on those other three sections. And th i g the ordinance, I'm all right with the rest of it, because I t ' does just mirror the state law. And by that, we're just guarant g that the -- we stand with our counterparts in Tallaha�fee who passed these laws, and we believe in what they believ ' , and we don't have a problem with mirroring that same law. this resolu is to 1%�grounds of the resolution -- I've been struggling with lbecause I feel that -- like, as a governing body, our job e rights of the people that we affect with our judgment d like Commissioner Saunders said, if another body or government body violates those rights, your beef is with them and not with us, and I don't know how we can keep another governing body from violating your rights even with the resolution. And I think the resolution is more something just saying that we are -- we're Page 127 April 11, 2023 committed to preserving your rights and your choice. We heard a lot of people on both sides talk, you know, science. Either you believe the science; you don't believe the science. Some people have good points on both sides. This is not about science. This all comes down about you and choice. That's what it all comes down to. It doesn't matter who's right or wrong in the scienc .I t comes down to your choice. And I think in a resolution, I just want to make sura you as citizens of Collier County, that I, myself, respect those r is and that choice, and I'll always make a decision with my a 't When it comes down to anything that may affect your ' h your choice, I would hope I make the right constitutional dec 1 n behalf of your choice and your rights. So that's all I've got to say. CHAIRMAN LoCASTRO: e %Zsioner Hall. COMMISSIONER HALL:ithdraw the motion and make a new motion to pass the ordi c ith the exception of Section 5. CHAIRMAN LoC Commissioner McDaniel. COMMISSIONER ANIEL: Well, Section 5A is the main one that I have an issueAvit , and then Section 6A and B are specific with regard to i sitions on private employers, business owners, and then whe or of -- and the penalties for the same. So those were the t ee ary paragraphs that I had. Again -- you know, it's a simple little "no shoes, no shirt, no service." d if I don't want to wear a shirt and can't come into Commissioner LoCastro's business and he requires it, then I don't go intt the business. COMMISSIONER HALL: It's a little different, though, of putting a shirt on or wearing shoes than having to have something in your body that you vehemently object to. COMMISSIONER McDANIEL: I don't disagree, but Page 128 April 11, 2023 it's -- and, again, this is just you and I talking in front of a whole bunch of people and a TV and such. But if an employer chooses to -- because there is a large portion of the population that think the vaccine's all that and a bowl of cherries, and if it's that employer's -- I feel that employer has as ch of a right to that opinion as someone who doesn't. And so th imposition of not allowing an employer to mandate a vacci n and/or stipulate penalties if they do is an imposition on ivate sector coming from this government. COMMISSIONER HALL: I just disagree t employer has the right to tell somebody that they have to do6&om i g or they lose their j ob, they lose their tenure, they lose all o benefits that they've gained for it, they lose all of the - e ose all of that based on one man, his private -- the boss, �is . And I just want to protect every employer [sic] in C unty from that ever happening again. I can agree and I can co o a business having the right to allow you to come in or to fire an employer or mandate an employee, I just take --I t issue with that strongly. COMMISSIONEI�eMcDANIEL: I understand. My counter to that is that's gov ment imposition on an employer who has that right to make h t c oice. CHA TD LoCASTRO: I was going to chime in. Commissio aunders, I was going to let you go. ISSIONER SAUNDERS: Go ahead. IRMAN LoCASTRO: Okay. Maybe what I'm going to sa oing to just take us -- have us take a little bit of a pause. So one of the questions that several people asked up here is why are we so stupid that we're hearing this? Why did we even let it come to this panel? So let me just give you a little bit of background. As elected Page 129 April 11, 2023 officials, we don't have the authority to censor or silence citizens. Yes, if one citizen brings us something that's, you know, outrageous, we don't just throw it on the agenda because one person said it. But as Commissioner Hall said, it's more than one person, you know. I mean, every single person in here that's either for or against this 't in this room right now. Every person for or against this didn' us an email, but it's a significant group for and against. I'll also remind everybody, when one commissione !�npions or supports or sponsors something on the agenda, we ully request -- you know, we respect that whether we a or not. So some people that are sitting here sayi k ow, why aren't you talking for five hours about affordab ousing? Well, trust me, when we all vote on this, if we ow, and 99 percent of you exit, we're going to be in here till ' rk because we're going to be talking about the fire depart -� we're going to be talking about beach restoration. And so e ave the ability to walk and chew gum at the same time. 'dn't throw this on top of the list because three people ba 'g drum. I know we heard a to 3 speakers, right? Is that what I counted, too? We're nqt here to debate the vaccine. Okay. We're not here to detere "ie good versus evil. We're not here to debate Dr. Fauci's re,IuWe, okay. We're not here to talk about if the last residenti ele ion you agreed with it or not. It has nothing to do p Y g g with this. of here to dispute the effects or the effectiveness of the v of at all. It doesn't matter if you live here or not. I got a bu ch of emails from some people that said, every single person that comes to the podium -- if you sponsor something as a commissioner or you bring something as a citizen and you want to bring in subject -matter experts who you feel are subject -- you have that right. We don't check your ID at the door. You can have people that can Page 130 April 11, 2023 come here and speak on things. Our sheriff can bring the sheriff of Lee County here to talk about what the sheriff is doing in Lee County. So, you know, those of our citizens that sent us notes saying, you know, we were mistaken doing that and we're stupid to be hearing this, you know, I wanted to so of correct the record. �+ I'm for choice, okay. I believe in science. I believe i ctors. I believe in nurses. I was the COO of Physicians Regi 1 edical Center, and I spent a lot of time in the ICU with a C NCH walking around seeing people that were suffering e effects of COVID. That's not what we're talking about e da We're talking about what's in the resolution, what's in ordinance, and the rights that it protects to give somebody c e. I want to make sure we don't hiv to judgment on anything we ever vote on in here, t'�, o don't want to kick the can for six months like at times has do e local and state and national v government when, you know, an't make a decision, so no decision's made. I mea ow, I put on my old military hat. You either lead, follow, o out of the way. What I would remind this group here is we can do several things right now. NuNsr ne, we can vote on the ordinance separately and the resol iarately as -is; on the fly, we could make some changes p ttin supermajority vote, crossing out No. 5, adding No. 5B cr g out 4A; or the sponsor of this ordinance and resol ich is Commissioner Hall, which is his right -- he has al fled his motion because he wants to -- he at least started to m ome edits, which is his right, and we all respect that. But if you eel that you're hearing some things here -- this is a decision you have to make as the sponsor of this. If you're hearing things much like the last time we were here -- I will say in closing, and then there's some -- and I'll say some things Page 131 April 11, 2023 later, but I wanted to just set the table. There have been some major changes to the ordinance and the resolution that made me feel much better about it. But one of the other things that -- I'll just say this in conclusion -- that was said to me a few days back, you know, w we met with you, Commissioner, you seemed like, you know were all for it, and then we hear new things in here. Okay t at's what happens in this room. So we formulate a bit of a background opinion estions, but when I hear from my colleagues, you know, y of to -- we've got a commissioner here that spen o o , what 85 years in Tallahassee? Yeah. He looks good r i age. But the discussion here and, especia there, makes all the difference in the world. So never tl i e se you sent us an email or you talked to us for five minut 'i'i1office -- this is where the rubber meets the road. This is, li aid, the final case. And there's valuable things being t about here. So I don't think I ha - you know, certainly don't have to remind my colleague, you ow, Commissioner Hall, who's already spoken so eloquently, tat you've got several options, or we do as well. You kno e can make motions. But I ju ant to clarify why we're talking about this today and all the eas we are. And although a lot of people spoke very passionate l eloquent at the podium, a lot of what was said there reall s to do about the resolution and the ordinance and more to sort of background and everything, and that's fine. That's w tizen comment is all about. But in the end, we're going to vote on a resolution and an ordinance that has very specific guidance. And it's not about Dr. Fauci's resume or good versus evil or debating if the vaccine works or not. It's really about choice and about giving more choice. Page 132 April 11, 2023 And to Commissioner McDaniel's point about businesses, the possibility of limiting some choices that -- if you really read it, do we really want to do that? I think definitely what you said, and echoed by Commissioner Kowal as well, has significant merit, because I feel strongly, you know, the way you do in that case. So I'll go to Commissioner Chris Hall and then, Commissioner McDaniel, you're on deck, sir. '44 % COMMISSIONER HALL: Dr. Yiachos, did you to mention something about being mandated? DR. YIACHOS: Just a quick point. My mfk -- and I'm a resident of Collier County, a proud one, in faeviously I was a resident of New York City. I was in th ht. And all of my friends in the restaurant business w ha ses, they never once made their decision abot4t Wto serve somebody whether they were vaccinated or was mandated by the state. And I want it to be clear that o ave an opportunity where you leave that choice with that bu s owner, because once a state mandates things, that bu ' ner does not have the gumption, the fortitude to fight state go ment unless Collier County is backing them, and I think you s�uuld consider that. Thank you. CHAIRMATrLoCASTRO: Commissioner Mc -- or go ahead, Commissionq Hall. COM ISSIONER HALL: So just to reiterate the motion, I want to ma e motion to pass the ordinance with changing the unanimou nguage to super vote. COMMISSIONER McDANIEL: Supermajority. COMMISSIONER HALL: Supermajority and then doing away with No. 5. CHAIRMAN LoCASTRO: I don't know who feels like they want to speak first. I've got Commissioner McDaniel and Commissioner Saunders lit up. Commissioner McDaniel, do you Page 133 April 11, 2023 want to -- COMMISSIONER McDANIEL: Well -- and here again, I'm repeating what I already said. This is about choice. And as Commissioner LoCastro -- as Commissioner Saunders says whenever he's leaning in to agree with me, I'm concerned about agreeing w Commissioner LoCastro. �+ But government imposition of choice on a business owfi� to mandate anything that goes on with their business is go ent overreach, in my opinion. There are -- there are peo ' this room who believe that vaccine can walk right out across tention pond. I don't, personally, but I also defend the perso ' c ce who does. I feel it necessary that I do defend that choice, a e with it or don't agree with it. But 6A and B put impositions Qn n of our private sector that I don't feel is the government*ri'�, , o impose at all. COMMISSIONER HALL: _ 0karv. I understand. CHAIRMAN LoCAST commissioner Saunders. COMMISSIONER RS: I just wanted to ask -- make one -- one question for CloKipissioner Hall and then one question for the County Attorne . The last w as, and there's been -- COMM O R McDANIEL: Which -- are you on the ordinance r o e -- COM IONER SAUNDERS: On the ordinance. I'm t sorry, o t ordinance. e last whereas, there's been a lot of discussion about what we eally doing is really just adopting state law. And there's a phrase in here that gives me a little bit of concern. It says, the Board wishes to address the concerns of Collier County residents and adopt the foregoing state statutes into local law as well as expand upon them. Page 134 April 11, 2023 I'm not sure what that expansion would be. I would ask the County Attorney, with the changes that Commissioner Hall has made in terms of eliminating Paragraph 5, I believe -- or I'm sorry -- Section 4 -- no, I'm sorry, Section 5 -- and changing to a supermajority vote, is there anything in this ordinance that is -- is inconsistent or not already part of state law? MR. KLATZKOW: No. COMMISSIONER HALL: Is No. 5 still state law O MR. KLATZKOW: Yes. COMMISSIONER SAUNDERS: Well, No ink your motion excludes -- ' COMMISSIONER HALL: No, I'm goin tNcange my motion now to include Section 5 if it's already staAlaw. So my motion will be to pass the o8,7101e with changing the unanimous Board decisions to supermajcity. COMMISSIONER SAUNDIjU: And keeping Section 5? COMMISSIONER HAL nd keeping Section 5. It's already state law. COMMISSIONER DERS: Now, I don't know what this would do -- it says a bu,�iness entity within Collier County as defined in Section 768.3� Mr. Kla k w, what's included in 768.38? MR. A KOW: I'm sorry, Commissioner. What paragra h ou on? ISSIONER HALL: Section 5. MMISSIONER SAUNDERS: Section 5 and Florida Statute •,1 •i 'Bob MR. KLATZKOW: That's simply the business entity definition. COMMISSIONER SAUNDERS: All right. Can we -- we had a letter from the medical society. They wanted to include some Page 135 April 11, 2023 language. It says, additionally, please review and consider the exemptions for healthcare providers listed in Florida Statutes -- Statute 381.00316 as this ordinance is intended to mirror state law. So I hate to put you on the spot again, but what does that se !01 provide and -- �+ MR. KLATZKOW: Commissioner, I can cut and passorts of state law into this, I mean, but it's not going to chan Change anything. COMMISSIONER SAUNDERS: Yeah. MR. KLATZKOW: The sections that I xiidloin here I thought was the sections Chris -- Commission 1Talr and I spoke about what was important to Commissio Ha 1. COMMISSIONER SAUNDEP�S: I'm just suggesting that there are two changes that the me s iety had recommended. One was the unanimous vote, ank ther is the inclusion of the exemptions for healthcare pro e W: put in Section 381.00316. MR. KLATZKOt that in, sir, if that's the will of the Board. COMMISSIONEI�*SAUNDERS: That would be up to Commissioner COMM 0 R HALL: It's already in there, isn't it, in the second to st reas? COMUfSKIONER SAUNDERS: Second to last whereas. SSIONER HALL: Isn't that Section 381.026? Is that w were saying? MMISSIONER SAUNDERS: Yes, 381.00316. MR. KLATZKOW: The reason I did not put that in there is it goes on for many, many, many pages, that particular section. The Florida -- COMMISSIONER SAUNDERS: Just incorporate it by Page 136 April 11, 2023 reference. MR. KLATZKOW: Yes, we can do that if you'd like. COMMISSIONER SAUNDERS: That would be a question for Commissioner Hall as to whether -- COMMISSIONER HALL: It's state law. I'm fine with sticking it in there as reference for the exemption. CHAIRMAN LoCASTRO: One of the things I wanted t� just add as the Chair, for clarity, we're going to -- you know e a going back and forth talking about the ordinance and the reZ on. Let me just offer that we stick to the resolution right ns�nce we're kind of like taking a deep dive into it, and -- COMMISSIONER HALL: You mean t;;Rdhance? CHAIRMAN LoCASTRO: I'm so the ordinance, yeah. Because we're starting to sort of, yob ck it apart a bit and ask questions and whatnot. So let's t resolution so we can concisely talk about this. So what I'm hearing you r� ommissioner Saunders, based on also Mr. Klatzkow, is thisid, zc�fnc�-to-last whereas where it talks about Section 381.026, as you Mr. Klatzkow, you don't have to cut and paste the whol thipg, but you can put in parentheses or something, refe e and then, you know, put that nomenclature. MR. KL W: I'll add an additional section which simply incor4CHA sit reference. N LoCASTRO: Okay. I mean, so what I've heard so fa d I'm not saying we're marching towards any particular vly yet, or maybe we are on the ordinance -- but changing th nimous vote to supermaj ority, so that would change in three places. Section 5 was in, it was out, it was in, it was out. So now it's in, correct? COMMISSIONER HALL: Yes. CHAIRMAN LoCASTRO: Because the County Attorney is Page 137 April 11, 2023 saying that's already part of state law. MR. KLATZKOW: I would note, though, Section 11 does incorporate the Florida Patient's Bill of Rights. CHAIRMAN LoCASTRO: I'm sorry, sir? MR. KLATZKOW: Section 11 does incorporate the Florizs, Patient's Bill of Rights. I COMMISSIONER HALL: I think you wanted the reO4ce to the exemptions that the medical society wanted. CHAIRMAN LoCASTRO: Right. $�• COMMISSIONER HALL: And that's a diff -- that's 381 something, something. Commissioner Saun ws the number. N COMMISSIONER SAUNDERS: Yeah' -- CHAIRMAN LoCASTRO: It's the e section. COMMISSIONER SAUNDEP�S: It's 381.00316. I don't know what -- exactly what tl*� , ides other than exemptions for different healthcare providers MR. KLATZKOW: So ant the exemptions -- the state exemptions to be incorporate COMMISSIONERS DERS: Yeah, I think -- I think you could simply Indic to tl at t e provisions of Florida Statute Section 381.00316 are by incorporated by reference. MR. KL W: Okay, sir. COM,MI NER SAUNDERS: And as amended from time to time. LoCASTRO: And that's what our Collier County Medical Society -- that was their point at the podium, correct? COMMISSIONER SAUNDERS: Correct. CHAIRMAN LoCASTRO: I wrote that down. COMMISSIONER HALL: Do I need to amend the motion to include that? MR. KLATZKOW: Yes. Page 138 April 11, 2023 COMMISSIONER HALL: Okay. So I make the motion to pass the ordinance with the super -vote language and incorporating the reference to -- I think it's 381.00316 or 386 ? COMMISSIONER SAUNDERS: It's 381.00316. COMMISSIONER HALL: .00316. COMMISSIONER SAUNDERS: And another question for the County Attorney just for clarification. On the penalties section, all we can do is, it's a misdemeanor, six months, I think -- O MR. KLATZKOW: We can't do anything more +i the state already does. But to the extent you enforce this b e Enforcement -- and I don't know how you do tkat oWthe way -- it would be the same as any other Code Enforce �e. If you're going to take something like this to the Code Erv*c�efnent Board, they would have the full ability -- ability.0 lorida Statutes for Code Enforcement penalties. COMMISSIONER SAUND So someone reading this will know what is legal and what i egal? And so that penalty -- MR. KLATZKOW: issioner, that language is in the majority of our ordinance ecause the fact of the matter is they change that provision every now and then, so it's always good. CHAIRM oCASTRO: I mean, really, that Section 12 is just a restati F ida law. It says, to the extent not inconsistent with Flori la violations of this ordinance shall be punishable as provided b for the violation of county ordinances. I mean, so it's justiight? COMMISSIONER SAUNDERS: Yes. AIRMAN LoCASTRO: I mean, there's nothing -- it's not adding or subtracting anything. It's just sort of sum m xizing what already exists. I mean, I felt the same way on the World Health Organization. I agree with what folks are saying. We don't necessarily take Page 139 April 11, 2023 direction from W.H.O. and -- but what's in here is indicative of Section 12, which it's -- it just -- it's sort of just a summary. To me it doesn't take away or add anything. It just reconfirms, I guess, to me, unless somebody feels it's too strong or too weak. But I'm not looking to pick apart every single word in here. e did bring that Section 10 up, and that section didn't bother me because it just seemed like it was just summarizing what's y fact. O COMMISSIONER HALL: That's correct. �• CHAIRMAN LoCASTRO: So while you're ring over this, just to summarize, the second to the last er e've talked about adding more reference in there from the o i a Statute, taking out three unanimous votes, and putting in upermajority vote, leaving in Section 5. And did I miss anything else. �, COMMISSIONER SAUND Mr. Chairman, I had raised a question about the last where phrase that incorporates state law, and then it says, "as 1 expand upon them." CHAIRMAN LoCA O: Correct. COMMISSIONEIkSAUNDERS: I thought that would be more clear if that phr was taken out, because we're not expanding upon state law. X CHA MAN LoCASTRO: So end it with the word, just, "local law," perio . IF SSIONER SAUNDERS: That's what I would re m nd, I don't know if that is acceptable to Commissioner Hall. MMISSIONER HALL: I can concur, yeah. I'm looking for a second and a vote. COMMISSIONER SAUNDERS: Well, I'll second your motion with those changes, and I appreciate your willingness to make changes. I may not be able to get to where you need to be on the Page 140 April 11, 2023 resolution, but I can stick with you on the ordinance. COMMISSIONER McDANIEL: That's fine. CHAIRMAN LoCASTRO: I'm going to support it as well. Like I say, I'm going to just reecho so that -- and I'm sure we'll all be misquoted after this meeting, as we often are -- I'm not here to e to the vaccine. I'm not here to determine good or evil. I'm not o give a report card on our past president or current president. ' not here to hire Dr. Fauci to be my personal physician. Pthey I believe in science. I believe in the nurses whoS were doing the right thing when they were following w hospital guidance they got, and I support and walked away and struggled with some decisio medical se who I'm not a scientist. I'm not a doctor.A don't feel like we're having a rush to judgment, and I feel come into these chambers and nrefex and that is supported and spc whether there's people on all And so I think, whew every citizen's right to ething to us that they think r a commissioner for us to hear, s to this ordinance, I like the changes that have been mN. I think a lot of it is more of just a summary. And I've said before, you know, I'm not a huge fan of Just passing things that are more celebratory or just feel -good kind of things. I do ' elite that that's the case here. I think people on both sides a ood arguments, and I think this ordinance does reconfirm, esses, and I also -- and I've used this in private meet' s a preventative. It puts some things on here that sh^ ething come down from up above, we have some verbiage in e that we feel is appropriate that gives us some latitude to make some considerations or not, and I don't think that's a bad thing. So I'm of the mind of Commissioner Hall and Commissioner Saunders with the major changes we've made. Commissioner McDaniel. Page 141 April 11, 2023 COMMISSIONER McDANIEL: And I just wanted to reiterate that Sections 5 and 6 are already a part of the Florida Statutes, and the Governor signed -- the Governor signed the legislation back in '21 prohibiting employers from mandating vaccines. So I'll support the ordinance with the supermajority change. I\rt4, COMMISSIONER HALL: As amended. CHAIRMAN LoCASTRO: Okay. So as amended, v4ave a motion. We have a second. All in favor? COMMISSIONER HALL: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN LoCASTRO: Aye. COMMISSIONER KOWAL: Aye. COMMISSIONER SAUNDERS: CHAIRMAN LoCASTRO: Op (No response.) CHAIRMAN LoCASTRO: ordinance passes unanimously with the changes as directed. Item # 1 OA RESOLUTION 2X23- A A HEALTH FREEDOM RESOLUTION. (COMPANIO 7NTEM 9A) (SPONSORED BY COMMISSI R HALL) MOTION TO APPROVE WITH CHANGE T INCLUDED CONFIRMATION OF REMOVAL OF 7 T HEREAS ADD "SOME", 2ND WHEREAS ADD "P AND CHANGES IN RED BY COMMISSIONER H ECONDED BY COMMISSIONER MCDANIEL- ADMPTED (COMMISSIONER SAUNDERS OPPOSED) CHAIRMAN LoCASTRO: Let's go to the resolution. I'm going to have you open it again, Commissioner Hall, if you Page 142 April 11, 2023 would, sir, with your thoughts. COMMISSIONER HALL: Sure. There again, the resolution, based on our experience and based on what happened, we don't want these things -- we just want to -- I want to be resolved that in case we're ever faced with this again, we're going to protect and secur individual liberty. �+ There again, it's the same argument. We're not debatio4 he facts; we're not debating science. I believe in science, ant to pick and choose the science that has been proven to be effective. I'm just not going to take it. And I wa ive every person the right not to just take anything fro r ox News as fact. You know, the polio vaccine, the sm pox vaccine, those were proven -- those were vaccines. This c d a vaccine, but it was highly experimental, and it didn't ire, anything and it didn't -- you know, you were still able to contra*Y, and you were still able to give it. So it didn't do anything to . ate it. So this -- this resol n case certain of these whereases happen, I will be resolve protect the individual liberties of the people, and that's really what we're saying. We're just resolved. It's not a binding th' It's not an ordinance. It's not anything that we can -- that w e orce. It's just that this is where we're resolved with the p o 1 Collier County. CHA N LoCASTRO: Commissioner McDaniel. CO SSIONER McDANIEL: Yes. It's -- you already you shared that No. 7 had been eliminated. Was there any other changes from what was originally advertised before -- COMMISSIONER HALL: I was looking to see -- COMMISSIONER McDANIEL: -- as of last Wednesday? COMMISSIONER HALL: I was looking to see -- there was -- we had -- at one point in time Mr. Kiley and I were working Page 143 April 11, 2023 on a statement. You know, the World Health Organization's been mentioned, and they are advisory right now. So I think the language that we were looking for was if the World Health Organization or any other third -party three -letter figure was to make any decisions or mandate anything on us that violated our constitutional rights, w weren't going to recognize that. zse CHAIRMAN LoCASTRO: That's in there. 'V COMMISSIONER HALL: That is in there? Ok o. 7 should not be in there. CHAIRMAN LoCASTRO: It's not. COMMISSIONER HALL: We nixed it COMMISSIONER McDANIEL: As far s ou know, that's the only major change that was done? COMMISSIONER HALL: Yes CHAIRMAN LoCASTRO: have the one major change that version that was for us. It's A�VNI, nd you -- I think we might a�i there, but it's in the newest Vsee. It's the fifth whereas where it talks about the FDA. s'sioner Hall, you had made an edit that we all did get, which hen it talked about animal testing and it added that sort of 1 st sentence, but -- COMMISS ER HALL: Mr. Klatzkow, we do have one little added tlA on he FDA statement. Can�yQu ,that up, Troy? CHfVMAN LoCASTRO: It's on the latest one, but is using new x(�yt,�,JXorrect, Commissioner Hall? COMMISSIONER HALL: Yes. CHAIRMAN LoCASTRO: Using means of computer modeling? COMMISSIONER HALL: Using computer models, yeah. It wasn't on mine; that's why I wanted to make sure. CHAIRMAN LoCASTRO: Am I the only one here with the Page 144 April 11, 2023 latest one? Am I sponsoring this? I'm just kidding. COMMISSIONER McDANIEL: Apparently. COMMISSIONER KOWAL: I got it, Chairman. I've got your back. CHAIRMAN LoCASTRO: Commissioner Kowal, what you think? It's just you and I. While they're pulling this one up, I want to just mentiocouple things in the resolution. I don't want to -- I mean, I do ' (ant to sort of -- Commissioner Hall, do I -- do you want me to I sort of had some things I wanted to address. COMMISSIONER HALL: Sure. No, a d. CHAIRMAN LoCASTRO: So on the re 1 tion, I made a lot of copious notes. So there again, you kn , a of of people had accused that we were, you know, dojn things up here that were not -- or giving people choic if you look at -- on the back, the nine latest details, it ba i is -- in summary, it says, the right to no mandates, the righ discrimination, the right to informed consent witho t rence, right of personalized care, right to exclude a third pa -- third -party interference, right to not be refused care, ri ht toJfree movement, right to medical -- to having a medical advoc the right to forego unlawful quarantines. So I've got check ma ne to all those. CO I NER HALL: Yes. CHA N LoCASTRO: Love all those; agree with them. said, sir, under the World Health Organization, you a , ' which I thought made the statement more eloquent. T e only thing that sort of jumps out at me is similar to the last meeting that we had, the first two whereas. The same way you added the "if' on the World Health Organization so we weren't so, sort of, accusatory across the board, so black and white -- let me just read this to you. And in the end, it's my signature that goes on this Page 145 April 11, 2023 as the Chair. I mean, I'm representing all of us, so I realize that it's not just me saying "approved." But, you know, I value my signature. But let me just read this to you and see if Commissioner Hall, since -- you know, I appreciate all the work you've put into this t edit and author this to get it to where, you know, we could talk t it in the best way. But the first one says, whereas our fede nd state health agencies have not demonstrated transparenc ( consistency in protecting the citizens of Collier Cou get that, I don't -- but it just seems a little too definitive for And I don't want to split hairs on this be e ink the greater good on this -- like I said, I don't -- when I vot f something, I have to agree with everything, and I don't -- I 't hate that, but I just think it seems so definitive. They qid trate transparency in some cases, and then there was so they didn't. But saying they just didn't, period, is somethi at I'm struggling with a little bit, especially when it's the o paragraphs. And then the secon ereas constitutional rights of Collier County citizens were viol through discrimination based on vaccine status. It 'ust deems very definitive. Some rights were violated, and yo n make an argument that some weren't. And the n r son why those two stick out at me is -- what I expect is th hereases below were edited a bit to make more -- lik read the third one. Whereas many doctors of Collier Cou not allowed to speak freely. I believe that's a true st , but some doctors did speak freely. So it's not so de ve. And the first two I just think maybe didn't get looked at to be edited as much. I don't know if my colleagues think it really matters. But then as you get further down, you can tell. And I don't Page 146 April 11, 2023 want to say softer verbiage, but just better clarified; whereas if global organizations -- and then some of the other changes that were made further down, that shows that there was more than the possibility, but it wasn't so extreme. It wasn't so definitive. It wasn't 100 percent. The first two seem like they maybe didn't get any look, and n they don't need to. I mean, this is something that, you know sponsoring. But everything else, I actually don't have a pro with. COMMISSIONER HALL: What about, agencies and state health agencies"? CHAIRMAN LoCASTRO: 'v) COMMISSIONER HALL: The first on COMMISSIONER McDANIEL: CHAIRMAN LoCASTRO: Yeah. And, granted, you know, sit here for three hours and chani out and put "puppy" because think it is semantics to sus e federal 1, PPhat, "whereas some"? d , kind of say, I don't want to word "small dog" and cross it s not much of a difference, but I You know, I do like that better. Because you've put so muNtime and effort into some of these other things that I do feel strc.Agly about and support. And so I think, you know, we want ote on the best verbiage possible. I don't k o on the second one. You know, my initial takeaway-- an if I read it a couple times then maybe I sort of hear it p � Y with a di set of ears, but it makes it sound like every single pers ollier County's constitutional rights were violated, and w hack if the people speak at the podium that feel like they weren't. So don't -- you know, this resolution has to -- it won't make everybody happy, but I want to feel good that it at least represents, to the best of our ability, the population. COMMISSIONER HALL: What about "were possibly violated"? Page 147 April 11, 2023 CHAIRMAN LoCASTRO: Yeah, yeah, absolutely. So if those words were added in there, I just think it complements the rest of the resolution better. COMMISSIONER HALL: I agree. It doesn't didn't give up the message. CHAIRMAN LoCASTRO: Not at all. So those would be my things. '4 ` Commissioner Kowal. COMMISSIONER KOWAL: I'd like to speakg4 use I heard George Washington's name mentioned twice. A know, I know -- I'm familiar with when the smallpoxri't s ue with his troops and, believe it or not, the British troopave an issue because they had herd immunity because st of them were still in Europe and where smallpox was there ears earlier, and, you know, herd immunity was basical it was. And he kind of referenced th used a vaccination or used some sort of vaccination on h' o s, and that's not really what happened. For 76 years' pe, basically, their treatment of smallpox was exposing so body to smallpox and -- or taking a body fluid from a person infected with smallpox and exposing that person to that. And a ity�of his troops probably already had herd immunity,ec se some of them were just from Europe maybe a few J p y years earli ou know, there wasn't a big span. But, basically, there t a hope and a dream that their own immunity would fi mallpox and hopefully just have a mild case of it. I just don't want to have confusion that somehow General George Washington enforced the vaccination upon his troops, because that's not -- and he had 76 years of science behind it before he exposed his troops to other people with smallpox just to mitigate it so his natural immunity would take over and help his troops in the April 11, 2023 long run. I just wanted to kind of put that out there. CHAIRMAN LoCASTRO: Did you see how this is more than a commissioner meeting? It's also a history lesson. Do you see? So those of you that are here and listening at home, it's very, ve educational. Commissioner Hall, I just wanted to get clarification. S e the "whereas some constitutional rights." What did you sa , 'r, on the first one? What edit would you make? COMMISSIONER HALL: I said, "whereas so Jderal and state" -- CHAIRMAN LoCASTRO: Some fede s e. Okay. COMMISSIONER HALL: And then, " e eas constitutional rights of Collier County citizens possibly re violated." CHAIRMAN LoCASTRO: Pesos ' ah. COMMISSIONER HALL: t n I'll make the motion to pass the resolution with those two h ges. MR. KLATZKOW: PI change in red? Plus the change in red? COMMISSIONER L: Plus the changes in red. CHAIRMAN LoCAkS RO: Okay. Just for clarity, let's -- I mean, I don't w to be overly redundant here. So in the first whereas, we rNtlg "some," second whereas putting "possibly," correct? COM IONER HALL: Yes, sir. AN LoCASTRO: The changes that are in red, like y 'a*which I already have here in front of me. What else? Is th ything else that we missed? Or I'd like to hear, you know, before we take a valuable vote here -- and I do have two commissioners lit up. So, Commissioner Saunders. COMMISSIONER SAUNDERS: Yeah. As I said before, I don't think I can get to a point of voting in favor of the resolution. I Page 149 April 11, 2023 appreciate the -- CHAIRMAN LoCASTRO: What don't you like about it? I'd really value your opinion. COMMISSIONER SAUNDERS: Well, yeah. Well, first of all, you've got whereases dealing with the Fourth Amendment, N Article I of the Constitution, Fifth Amendment and Ninth lbw amendment. I don't know that we need to pass a resolutioHt says -- or paraphrases what those sections of the constit provide. But there's certain things that are -- there's -- the whereases -- and maybe the language has bee a e where it says, healthcare institutions which are directly causi a , including death, to the citizens of Collier County, I 't ow that to be the case. COMMISSIONER HALL: hereas are you on? CHAIRMAN LoCASTRO: e last one on Page 1. COMMISSIONER SA S: The last whereas. CHAIRMAN LoCA^ Page 1. COMMISSIONER DERS: Some language dealing with -- I think then 's sWething in here dealing with informed consent. I thin says at the moment information is withheld, it violates info consent. It doesn't say what information. It doesn't cl ify t we're really talking about. I think what this does is it creates e expectations that are simply not in reality. SSIONER HALL: I'm not sure we have those in the fi the final draft. AIRMAN LoCASTRO: I know I have the final one here in fro of me for sure. MR. KLATZKOW: It's on the overhead, the final draft. CHAIRMAN LoCASTRO: Okay. COMMISSIONER SAUNDERS: Well, then I'm at a little bit Page 150 April 11, 2023 of a disadvantage if I don't have the -- COMMISSIONER HALL: You have mine, and that's the original language, and that's not in there anymore. COMMISSIONER KOWAL: It probably was, but it's not there. COMMISSIONER SAUNDERS: Thank you. There w rov other things. And I look at Paragraph 9 -- again, I'm just itking out a couple things just to -- the right to a medical advocate d so it says here -- let me just make sure I'm reading it right. d this may not be in your final draft. But citizen patients ha v right to a medical advocate, we all know that, of their c 'c . Hospitals must recognize power of attorn ocuments outlining the patient's wishes. Citizen patients hav e right of advocate visitation, family visitation, and per§o r visitation. Now, I don't really know what that mean . So, for example, I remember ather was in the hospital at one point, and he had an infectiou se, and he had to be isolated, and so there was a limitation ' ation. This seems that -- to eliminate that ability of h �tals to reduce visitation when you're dealing with infectious Jiseas es. And then p nal doctor visitation, again, just looking at hospitals -- a do t know if this does this or not. I just don't understan it. spitals require physicians that practice in those hospitals t e certain rights and privileges -- hospital privileges in order, to le to practice medicine in those hospitals. It seems to ris eliminates that. That somebody's admitted, their personal do -- certainly a personal doctor can come in to visit a patient, but I believe that this expands upon what that personal physician or personal doctor can do in the hospital in the event that that doctor doesn't have any privileges in the hospital. So I just -- I don't know what the impact is on our healthcare Page 151 April 11, 2023 system. I think it also creates the belief that Collier County Government is out there to protect people's constitutional rights from being violated by other entities. And, again, I'll just emphasize our mission, our goal, is always to make sure we don't do anything to violate anybody's rights, but I don't want to send a message out e whole world that if your constitutional rights are violated, yob t of due process is violated by the sheriffs department, then you have the right to come to Collier County for And so I don't know that I can get to a point where I _y because it's just too -- CHAIRMAN LoCASTRO: You're on COMMISSIONER SAUNDERS: CHAIRMAN LoCASTRO: you're talking about or you -- COMMISSIONER SAUND around. But, yeah, No. 9 was think raises some questions a not sure what Collier County' unknowns. Is that what was just kind of jumping to a medical advocate. I �K the right of free movement. d do if the state of Florida, for I'm example, or the federal goNnment prohibited, for some reason, people coming into Flo�ida. I'm not sure what we could do about it. It's just those tyRkof things, I think, it sends -- it creates expectations eaj I t Nnk are unrealistic. CHAIRZNN LoCASTRO: Let me hear from Commissioner McDaniel, SP� ISSIONER McDANIEL: Oh. I just -- I just wanted to s n, it is a resolution. It --it's not enforceable. It's just a di t' n of this board with regard to what the citizens' rights, in fact, are. It's a resolution. What we've already passed is actually -- CHAIRMAN LoCASTRO: A biggie. COMMISSIONER McDANIEL: -- is actually law. This is a resolution that just -- that stipulates -- stipulates the perceived -- if Page 152 April 11, 2023 you will, perceived rights of the citizens and the actions of the medical community. There's no imposition of anything with a resolution. Did you make a motion to pass this yet? COMMISSIONER HALL: I did. COMMISSIONER McDANIEL: I'll second. CHAIRMAN LoCASTRO: With the changes. The "whereas some" -- O COMMISSIONER HALL: As amended. CHAIRMAN LoCASTRO: -- "possibly," a of changes. COMMISSIONER McDANIEL: I'll se CHAIRMAN LoCASTRO: Okay. I've o a motion and a second. Any further comment? (No response.) CHAIRMAN LoCASTRO: avor -- COMMISSIONER HALL: COMMISSIONER McD L: Aye. COMMISSIONER : Aye. CHAIRMAN LoCA O: -- of the resolution with the changes? *#* COMMISS ER McDANIEL: Don't be adding in. We made the mo * CHA LoCASTRO: I'm just summarizing. Okay. All in favor? SSIONER HALL: Aye. SSIONER McDANIEL: Aye. �AIAIRMAN LoCASTRO: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN LoCASTRO: Opposed? COMMISSIONER SAUNDERS: Aye. CHAIRMAN LoCASTRO: It passes 4-1. Page 153 April 11, 2023 COMMISSIONER HALL: Want to take a break? (Applause.) CHAIRMAN LoCASTRO: Okay. We are going to take a break here, and we will be back at -- let's just say 3:00. We have a lot of business to do. COMMISSIONER McDANIEL: Monkey business. (A brief recess was had from 2:52 p.m. to 3:00 p.m.) MS. PATTERSON: Chair, you have a live mic. 0 COMMISSIONER McDANIEL: That was a feak. CHAIRMAN LoCASTRO: Okay. We've t of work to do. If you're staying, stay. If not -- okay. e in-- can we have everybody quiet down, please, so we can get s rt don time? And I ask you to silence your phones again sinc few got turned on somehow at lunch. Okay. Mr. Finn, the floor is o' sir. MR. FINN: Good mornin i , Mr. Chairman. Edward Finn, Deputy County Manage e're here to talk today about -- provide the prow' fire service on the Ochopee Fire District. MS. PATTER OT*:. 've got to read the title in. MR. FINN,K Jeg your pardon. Item # 11 D AC; , EXEE NEW INTERLOCAL AGREEMENT BETWEEN COL OUNTY AND THE GREATER NAPLES FIRE ikjc DISTRICT FOR CONTINUED MANAGEMENT OF TH OCHOPEE FIRE DISTRICT, AUTHORIZE NECESSARY BUDGET AMENDMENTS AND AUTHORIZE STAFF TO BRING BACK A PROPOSED MILEAGE CAP UPDATE TO THE OCHOPEE FIRE DISTRICT ORDINANCE (ESTIMATED FISCAL Page 154 April 11, 2023 IMPACT $4,046,870.52) MOTION TO APPROVE WITH LONG- TERM CLAUSE BY COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER LOCASTRO — APPROVED MS. PATTERSON: Okay. We are at our no -sooner -than time -- 1:00 time -certain. This is a recommendation to execut LN new interlocal agreement between Collier County and the Cat Naples Fire Rescue District for continued management o hopee Fire District, authorize necessary budget amendments dtuithorize staff to bring back a proposed millage cap update t e chopee Fire District ordinance. Mr. Ed Finn, your Deputy County Mana , ' ere to present. MR. FINN: Thank you, ma'am. ,& Edward Finn, Deputy County Good afternoon. I appreciatq much. today. Thank you so Ochopee Fire District, weXWe you in here. The Ochopee Fire District is a very lar QrXin the eastern part of the county. It also stair -steps up U. providing service to Station 61, which is Port of the Isles; Station 60 in Everglades City; the little station here -- little stati ere is Station 66 which is, essentially, a storage facility. That' e he long-term home of the Ochopee Fire District. pro Dis the � to talk today about providing -- continuing the fessional fire rescue service to the Ochopee Fire aid, Everglades City, Port of the Isles, Ochopee, 41, and numerous other properties out there as well as ie unincorporated area, including areas owned by the federal government. We currently are working on the continuation of a management agreement that was started in 2016. It's been a very beneficial Page 155 April 11, 2023 agreement to us, and we're hoping that the Board's going to agree to continue that. Pursuant to the existing agreement, Greater Naples submitted a letter to us to terminate the agreement on April 30th. They indicated two things: They'd be willing to continue to provide services so ng as we could arrange for a cost -neutral proposition to them as an acknowledgment that consolidation of the Ochopee Dist 'nto the Greater Naples District was not -- was not really a v' I option at this point because of the discrepancy in the tax val the relative density of the tax value. In any event, the fire district met on Mar n they approved two agreements, one a long-term, on a hort-term. And last thing is if we can have a little discuss' about millage rates before we're finished here today. The two alternative agreeme g-term 10-year agreement with 90-day termination clause or -term. We might term that a termination agreement in and 't If That brings us through the end of this fiscal year or . on October 1. Staffs recommendati at this point is that the Chairman be authorized to sign a long-term agreement for the important continuation of �qe services. And with that, I have -- I have dozens of mo lis I'm sure everyone wants to see, but at this point I'll pause d s if there are questions or comments. CHA N LoCASTRO: So our task at this meeting is to dete ether we want to agree with -- obviously, there could be a uestions. But in the end you're proposing the long-term or e hort-term agreement for us to consider? MR. FINN: Our recommendation is, in fact, the long-term agreement. CHAIRMAN LoCASTRO: Right. One thing I want to just mention to citizens -- because you look at the map, and that's -- you Page 156 April 11, 2023 know, it's -- you've got a fire station in my district and one in Commissioner McDaniel's. But there's fire stations all over Collier County. Getting a lot of emails from citizens that are hearing some of this chatter or see a few things on the agenda without being as de into it as we are on a regular basis. Our fire district, commis leadership chain is a complicated one in Collier County, an ' venture to say more complicated than I ever imagined it u be before I took this job. But having said that -- and I think I speak for commissioner here -- we know Collier Count ' g larger, not smaller. And so none of us are looking to red c services or staffs or service lines or anything like that unle t came to our attention that something wasn't staffed properly ou know, there's been a lot of sort of fake news out ther 2�, en people see one slide and they see something on the agend e here, you know, slashing fire stations, closing fire stations. And I believe every ere has had one-on-one meetings with senior leadership at o County Manager Office and with our fire leadership, and that jeouldn't be further from the truth. As I've tol constituents, faces might change, the unit patches migh c an , you might see one truck leave and one truck come repl e i . But the service, the support, the level of emergency services, o ention is that they -- they're invisible to the citizens. k in the case of whether it's a long- or a short-term, w echo everything that I've just said for the record is correct, th 're not making any kind of changes in service? MR. FINN: No, sir. CHAIRMAN LoCASTRO: That it's more of the agreements. And sometimes it does move the pieces around a little bit, but it -- I know that my expectation is that nothing gets reduced. If anything, Page 157 April 11, 2023 it stays the same or gets better. But in this particular case it's more of the financial agreement, and the staffing is what we're talking about, correct? MR. FINN: Yes, sir. Level of service will remain the same and as, essentially, the fire district said in their letter, they're tryi to seek a cost -neutral environment here. �+ When they originally struck this agreement, it was undo different leadership, different intent. And at this point 'r faced with a reasonable business proposition where they si want to be -- want to be made even. The contract provide reconciliation at the end of the year so that if e p us or a minus, it can be adjusted. The contract that the Board sees is t aximum that the county's going to pay. So what carth om there is it may be slightly less than the maximum anZ;�t ou're seeing today. CHAIRMAN LoCASTRO: I liked -- and then I'll go to Commissioner McDaniel. W iked about the long-term agreement recommendat* ur staff was it really is a long-term recommendation with a s -term one buried in there should we decide to execute i so J►think we get sort of the best of both worlds by doing that. that was my takeaway. Commis er cDaniel, sir. Cox I NER McDANIEL: I'll make a motion to accept the Ion -te reement. AN LoCASTRO: I second it unless -- I don't want to -- y questions? MMISSIONER McDANIEL: We do have a couple of public speakers standing over there not doing anything. The mayor. Oh, you want to talk about something else? MAYOR GRIMM: Well, I just -- you know me. CHAIRMAN LoCASTRO: Oh, you've got to come to the Page 158 April 11, 2023 podium, sir. It's all official here. Can't scream from the cheap seats. MR. MILLER: You need to state your name, sir, please. MAYOR GRIMM: Oh, yeah. I'm sorry. Because somebody -- I don't think I've met some of the commissioners. name's Howie Grimm. I'm the Mayor of Everglades City. As you can tell, I'm not a politician. COMMISSIONER HALL: Neither are we. 0 MAYOR GRIMM: But I am a public servant, at's what I'm here for. But I do want to thank you all for s h ng else before we get into this. And I know -- I kno et because I run meetings, too. But thank you for working with us a everything that you do, including this. But also we're in trou our sewer plant right now. Dr. George and that whole ev�, s really been helping us a lot, and I really appreciate that. But mainly, I just want t hank you for considering this, and thank you for the service thygive. And the relationship that we have now, it's tremendous *mpared to what it used to be. COMMISSIONEI�*McDANIEL: Straight up. MAYOR M: Thank you. CHAIR CASTRO: Thank you, sir. CO I NER McDANIEL: And not to -- not to make him think a ore of himself than he needs to, but it's largely due to leadersh d your assisting with what we've been going through down there, sir. So thank you. MAYOR GRIMM: Thank you. CHAIRMAN LoCASTRO: I was going to have that gentleman arrested. He was up against the wall. I didn't know. He looked a little bit sort of -- MAYOR GRIMM: It wouldn't be the first time. Page 159 April 11, 2023 CHAIRMAN LoCASTRO: We have a motion and a second. I also want to just acknowledge Chief Sapp here. There's been a lot of work behind the scenes to make sure that our fire service stays strong; there is no reduction in service. There are some movin pieces that move around so we can make sure everything's cover But nobody in this room or all the people that are in this roo t aren't in this room that we represent are doing anything oth an, you know, making sure that we have strong, robust first nder coverage. And a few of our stations took some big hits Hurricane Ian, and I really applaud the county and the fi e for getting those stations -- one was in my district, which was d for a while due to significant damage. But, you know, Chi you guys did all the right things to -- you know, we still need 4o a few. That's a separate topic. But, Chief, did y to say anything? CHIEF SAPP: Nolan Sap i Chief, Greater Naples Fire Rescue. I want to go on reco ay that, you know, we've worked very hard with the leaders , County Manager, Deputy County Managers. It's be In a great experience for me. I mean, we've come together for a -- at I keep referring to in all my meetings is a true partnership. ge ing some of the things that's happened in the past throu th ears, but today I feel that we truly are working toward a s artnership working with everybody, and I don't want to le out. Jeff s been great with us in the meetings as well. , you know, I've been doing public safety now for 44 years, an is my end goal is to make sure we're there for the citizens whe her it's a hurricane, a wildfire, or just to help them get their cat out of a tree. We're there to help in any way we can. And we want to continue that. And we -- it's our mission to ensure that all the citizens, Everglades City, Ochopee, and throughout Greater Naples Page 160 April 11, 2023 Fire, that we meet the need, the call when it comes in, and we'll be there for the citizens. CHAIRMAN LoCASTRO: Thank you, Chief. COMMISSIONER McDANIEL: Thank you, Chief. CHAIRMAN LoCASTRO: We've got a motion. This is o two districts here. We've got a motion -- but it's all of Collie County, obviously. We've got a motion from Commission McDaniel. I've seconded it. All in favor? 0 COMMISSIONER HALL: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN LoCASTRO: Aye. COMMISSIONER KOWAL: Aye. COMMISSIONER SAUNDERS: CHAIRMAN LoCASTRO: Op (No response.) CHAIRMAN LoCASTRO: ong-term clause passes -- MR. FINN: Thank you CHAIRMAN LoC -- unanimously. Item # 1 OB I RESOLUTIO 0 70: APPOINT TWO MEMBERS TO THE INFRASTR RE SURTAX CITIZEN OVERSIGHT COMMIT O REAPPOINT/APPOINT (PATRICIA SHE RRY GEROY, RONALD KAPLAN, JOE T BERG) 1 ST MOTION TO APPOINT PATRICIA BY COMMISSIONER KOWAL; SECONDED BY CO ISSIONER MCDANIEL TO APPOINT PATRICIA SHERRY — ADOPTED; 2ND MOTION TO APPOINT KERRY GEROY BY COMMISSIONER LOCASTRO; SECONDED BY COMMISSIONER HALL- ADOPTED Page 161 April 11, 2023 MS. PATTERSON: Commissioners, that brings us to item IOB. This is a recommendation to appoint two members to the Infrastructure Surtax Citizen Oversight Committee. CHAIRMAN LoCASTRO: Let's see. I want to try to pu 't up here. Is there something -- just so we can get the names, a just get back to where we were. MS. PATTERSON: IOB. There we go. Okay. 10 mebody pulling it up? All right. Let's see. Okay. So Patricia She m District 4 is reapplying, correct? COMMISSIONER McDANIEL: Corre MR. KLATZKOW: That is correct. CHAIRMAN LoCASTRO: Okay, then did we have a -- did we have a nomination for e . I see we have three candidates. COMMISSIONER HAL mmissioner Kowal. CHAIRMAN LoCA Commissioner Kowal. COMMISSIONER IEL: Commissioner Kowal. COMMISSIONER K AL: Chairman, I would like to nominate Patricia ,,Cherry for the District 4 position. COMMISSIONER McDANIEL: I'll second that. CHAIRTN4 N LoCASTRO: Okay. Got a motion and a second. All in favo - she's reapplying and nominating her again. All in favor?�1 CD1011VIISSIONER HALL: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN LoCASTRO: Aye. COMMISSIONER KOWAL: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN LoCASTRO: Opposed? Page 162 April 11, 2023 (No response.) CHAIRMAN LoCASTRO: Okay. So Patricia Sherry passes. I'd like to nominate Kerry -- I think it's Geroy, for the second seat. Is that what -- that's what -- we're taking a stab at the three applicants here, and one more gets to be selected, right? I\rt4, MR. KLATZKOW: Yes, sir. CHAIRMAN LoCASTRO: Okay. I'd like to nominerry for the position unless somebody has an objection or w talk about any other candidates. COMMISSIONER HALL: I'll second. CHAIRMAN LoCASTRO: Okay. Go n in tion for Kerry Geroy and a second. All in favor? COMMISSIONER HALL: Aye. COMMISSIONER McDANIEJ,: CHAIRMAN LoCASTRO: COMMISSIONER KOWAL: ye. COMMISSIONER SA S: Aye. CHAIRMAN LoC PU ' Opposed? (No response.) CHAIRMAN LoCAS County M er. Item # 11 A O: Okay. It passes unanimously. CHAIMAN TO SIGN A LETTER OF CONCURRENCE TO lo ST TU2 THE CONTINUATION OF THE U.S. ARMY CORPS INEERS (USAGE) COLLIER COUNTY COASTAL ST RISK MANAGEMENT FEASIBILITY STUDY. (TRINITY SCOTT, DEPARTMENT HEAD, TRANSPORTATION MANAGEMENT SERVICES) -MOTION TO APPROVE BY Page 163 April 11, 2023 COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER LOCASTRO — APPROVED MS. PATTERSON: That brings us to Item 11A. This is a recommendation to authorize the Chairman to sign a letter of concurrence to support the continuation of the U.S. Army Co Engineers, Collier County Coastal Storm Risk Managemen Feasibility Study. Ms. Trinity Scott, your Transportation Managem S rvices department head, is here to answer questions or pre t COMMISSIONER McDANIEL: Move to CHAIRMAN LoCASTRO: We're on 1 'g t? MS. PATTERSON: Yes, that's 11A CHAIRMAN LoCASTRO: Com er Hall's got a question, I believe. Sir. COMMISSIONER HALL: Seare we going to do IOD? MS. PATTERSON: Sir, o that one next. This should take a very short amount t' COMMISSIONER IEL: Yeah, like a motion for approval. CHAIRMA o(- ASTRO: Second. MR. MI I do have two registered public speakers, sir. CHAIR LoCASTRO: Trinity spends a lot of time in our office befo e meetings. ISSIONER HALL: We know. ISSIONER McDANIEL: Exactly. Just because of t -- ou say this regularly, Mr. Chair, but just because we're mov g forward doesn't mean we're not informed. We've already had these things. COMMISSIONER HALL: We know. CHAIRMAN LoCASTRO: Let's hear from our two public Page 164 April 11, 2023 speakers, Mr. Miller. MR. MILLER: Your first speaker is Rachel Rhode. She'll be followed by April Olson. You had slides? Just a second. MS. RHODE: Good afternoon, Commissioners. It's nice to meet you all in person. My name is -I\rt4, - MR. MILLER: That's correct. MS. RHODE: Yes. My name is Rachel Rhode. I work with the Environmental Defense Fund. We're a global orga '�tion that has deep expertise in coastal resilience nationwide. Collier County has a narrow window of time e a $3 billion investment to ensure that this region is protec I vents like Hurricane Ian from doing the damage this com i y is still recovering from. Only a few months rea remain for planning and public engagement in order to be eli_giblOn upcoming Water Resources Development Act. N, Planning must begin immedi e to develop a plan that maximizes the incorporation a re -based solutions that will have the ability to strengthen omy, environment, and protect residents. Hurricane Ian wasA pivotal point in this region. There's now a second opportu ' to work with a federal agency willing to provide capacity in a r e i estment to the region. This ini ion is an opportunity to find out possible solutions that South loridians want to see that could be implemented to prot unities from the next Ian and more. has extensive experience and expertise, both nationally and wi the state of Florida, with the Corps on these particular coastal studies and projects. We've been a critical asset in Miami -Dade, as well as with the Corps themselves and that team for the Norfolk district, and helping them guide through developing alternatives with greater stakeholder engagement and the incorporation of hybrid and Page 165 April 11, 2023 natural solutions, which are some of the renderings that we are showing on the slides that we were excited that we've been able to share with the commissioners prior to this meeting. These are to hopefully better understand some of the types of solutions that could be proposed in the process moving forward. Like I said, for over three years we've worked closely to �v establish a relationship with the Norfolk team that's going to involved here. We are in a unique position to be able t 09 lessons learned from other places throughout the stat g through the same process to bring it here. I also want to -- I know that there's a lett h ' a ready been drafted that will likely go to the Corps right of r i meeting. I highly, highly recommend that the county u sts the Section 8106 to the Water Resources Act of 2022, w ows you to look -- the nonfederal sponsor can request th tl ores look at developing alternatives that address not just st surge but also other flooding impacts such as rainfall, tidal g, sunny day flooding. That's something that has to be d by the nonfederal sponsor, and you can do so in your lett We also request tot you have the Engineering with Nature Program, which is apart of -- the program within the Corps itself, be a art of the o'ect�Yelive team moving forward in this reinitiation. p ry g Publi en ement's got to happen now. We're eight months I an ext n that's been given a short amount of time to really into mprehensive Plan. We know public meetings are h i quickly this month, which is great, and we look forward to ev ore happening over the course of the study. So thank you. MR. MILLER: Your next and final speaker on this item is April Olson. MS. OLSON: Good afternoon, Chairman LoCastro and Commissioners. It's a pleasure to see you -all today. April Olson Page 166 April 11, 2023 here from the Conservancy of Southwest Florida. Collier County is one of the most vulnerable places in the world to sea level rise and flooding, as many of you probably know, and scientists predict that hurricanes are getting stronger; thus, the Conservancy appreciates that the Army Corps of Engineers is wi . g to work with Collier County to improve coastal resilience. ��+ However, if this board does decide to approve continuation,6fihe OMW study, which it sounds like you are, the previously recommended plan must be significantly redesigned to work with nature not,against nature. In the 2020 EIS, the Army Corps admits t s rge barriers, gates, and floodwalls would result in, quote, to p rary to permanent impacts to aquatic resources and habitats At range from moderate to potentially significant. The Corps' environmental ap lso states that there will be impacts to many endangered and t ened marine species, including sea turtles and shor , and the plan would likely result in moderate to significan s to essential fish habitat, managed fish species, and potentia I species of reef fish. The Corps also acknowledged water -quality issues due to the gate closures, w�kwill increase the probability of red tide and harmful algaLblQom. Even though the Corps states that the recomme ed n likely would result in these impacts, they also acknowled at the marine economy is, quote, of significant value to th conomy, end quote. They point to a study that found C unty's marine economy contributed $954 million to the to onomy in 2016. Should you reinitiate the study, we hope you will insist on the following: No. 1, a plan that includes nature -based solutions to provide storm resilience so that coastal habitats are protected and enhanced and so is our coastal economy; 2, we hope that the Army Page 167 April 11, 2023 Corps requests, as Rachel had mentioned, engineering with nature team. That is from the Army Corps. That they're brought to the table as they have experience working with nature -based solutions for coastal resilience; No. 3, we hope that local knowledge and preferences drive the plan and local scientists and engineers are included in the process; 4, we hope that WRDA 2022, Sectio , is requested by this board, which looks at more than just st surge. It looks at other flooding impacts as well; 5, we hope th t ddition to property owners, recreational and commercial an oteliers, restaurant owners, boat tour operators, and other t -based business owners are invited to the table. The Conservancybelieves it is possible t�i n a storm p g resilience plan with the goal of protecting5 e and property as well as preserving and enhancing coastal naLtuFea rces. Collier County's tourism and ndustries, fisheries, and our local way of life all depend on thof our world-renowned and natural coastal resources, e look forward to offering solutions and a better plathe shareholder meetings. Thank you. MR. MILLE Tkat was our final speaker, Mr. Chair. CHAIRMAN LoCASTRO: I was just going to say, I couldn't agree more wwhat you said. And just to remind people that might be 1 oki t the slides quickly, every single slide has the word "conce t" I've been very clear that, you know, I've got quite a bit o s work with Army Corps, and, you know, you want t me to your town and give you recommendations. I'm not go o support building the Panama Canal anywhere in Collier County, and some of those gates and walls and things like that are subject to discussion. But you said it perfectly: Our goal is to get everyone under one roof and one room. When we get the Army Corps' diverse and vast April 11, 2023 concepts and list of recommendations, you know, we certainly support the nature -based ones. I mean, some on there are no-brainers. Then there's a few that, you know, are a little bit out of -- maybe a little bit out of scope, but their j ob is to think outside the box as well. And what that tells us -- and I've said it in here before because they've come to some of my, you know, military bases that I commanded and give you something that's reall t of whack with your budget and maybe with even nature-b olutions, but then the takeaway is, wow, but they did shine the on a vulnerable spot that we have to do something. A r charge is to show us everything that you can do, and we c y hing, but we can't do everything. And so that's what this study will do o don't know if -- Commissioner McDaniel, if yoV stion or you were going to make a motion, but the fl ours, sir. COMMISSIONER McDANI Well, I already made a motion and you already -- CHAIRMAN LoC WZ Okay. And I second it. COMMISSIONER ANIEL: -- seconded. I had a comment very similar 4 what you were saying, and that was there were a lot of sli ut up. The motion is not to take -- make any changes othe n at's being recommended to us by staff and ensure -- d a re the public that this is going to be a very open public roc We've already set the motion in our consent agenda toda lish an advisory committee to this board, I think a }'- a total of seven, if I'm not mistaken. N. MMISSIONER KOWAL: Seven. COMMISSIONER McDANIEL: One from each county commission district and then two at -large that will kind of sort of officiate the community responses and go through the Corps' recommendations, likes, dislikes, so ons and so forth. But I just Page 169 April 11, 2023 wanted to assure, similar to you, that pictures that were shown during the public comment were not a portion of what our recommendations agreeing or dis- -- I mean, some of the things that April talked about, like you said, are no-brainers. But we're not giving direction to the Corps other than to go h and persevere and come back and tell us what they think, and l�u we'll go through their recommendations on a case -by -case CHAIRMAN LoCASTRO: Let the record show t 0 Commissioner McDaniel fully agreed with the Chair' ments and echoed what I said. So we have a -- we have a m nd a second. All in favor? COMMISSIONER HALL: Aye. COMMISSIONER McDANIEL: CHAIRMAN LoCASTRO: Aye COMMISSIONER KOWAL: Ay . COMMISSIONER SAUNDIjU: Aye. CHAIRMAN LoCAST pposed? (No response.) CHAIRMAN LoCA O: It passes unanimously. COMMISSIONEF.,#McDANIEL: Now we get to do yours. Item # 1 OD TO PREP LDC AMENDMENT TO REPEAL LDC SECT 5.15, CONVERSION OF GOLF COURSES - M O NOT REPEAL AND HAVE STAFF STUDY FOR I R EMENTS AND BRING ITEM BACK WITH RE MMENDATIONS BY COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER KOWAL -APPROVED MS. PATTERSON: Commissioners, Item IOD is formerly Page 170 April 11, 2023 161-12. This is a recommendation to direct staff to prepare an LDC amendment to repeal LDC Section 5.05.15, conversion of golf courses. I will look over to the County Attorney to start, or the commissioners. This was pulled by all five of you separately. CHAIRMAN LoCASTRO: Okay. I'd like to -- I've go f course that's going to fall under this eventually, but I'd like e er to, you know, Commissioner Kowal, if you want to just Q ybe just open with some comments. I mean, I don't see you here, but I thought you might want to just get us started, bec now you put a lot of effort into discussions with constituen 'n r district. COMMISSIONER KOWAL: Yeah, tha ou, Chair. Yeah, I'm looking at, I believe, three if courses right now that fall under this particular subject matte I know at least one was the i ' ' at prompted the Bert Harris lawsuit that I think prompt is whole conversation in one of our earlier commission meeti nd I'm looking at Evergreen and Lakewood right now. ewood's its own special -- it's a little different than the other t ut it's also going to -- it's going to have some effects and effectsoon the community and what they plan on trying to do with t at particular golf course. I just fe t at - I know this was prompted because we're seeing -- t en aw a second Bert Harris lawsuit come in that was referrin to inks property on 41, East 41, in Commissioner LoC� ' strict. you know, when I researched back -- I wasn't here back in 20 hen the Board of County Commissioners decided to put this in place for the conversion and the stipulations for the conversion. But I know that it was praised, and it was praised by a lot of people, the work they did. And I think now, how many years later, we've actually had two situations where we have one very frivolous Bert Page 171 April 11, 2023 Harris lawsuit that I believe that refers to the Riviera project, that we may be acting in haste to start changing something that I think may have been a very well -written statute or amendment or -- I'm sorry -- land -use conversion for the golf courses here in Collier County. I just don't want to rush to judgment, and I feel it should conversation and have the people definitely express their fe s on it. I know two of the communities that I represent hav QWy sought out representation to their independent law fi represent them moving forward, and I know they wanted to t of the discussion, so -- CHAIRMAN LoCASTRO: Mr. Miller, o rmany speakers do we have? MR. MILLER: We have 17, fir. CHAIRMAN LoCASTRO: I've got every commissioner lit up here. Would o rather -- I'd like to maybe hear from the citizens first, and tha t change what you want to talk about. So let's go ahead an t started, Mr. Miller. MR. MILLER: Akso utely, sir. Your first s ker is Michael Whitt. He'll be followed by Tricia Camp . Whitt's been ceded three additional minutes from Lydi E. 'ma. Lydia -- (Rams d.) LER: She's right there. And so Mr. Whitt will have si.x m, s and will be followed by Tricia Campbell. h MR. WHITT: Thank you. Good afternoon, Chairman, Commissioners. My name is Michael Whitt. I'm an attorney with the firm of Hahn, Loeser & Parks. We have offices in Fort Myers and Naples. I want to just make a comment a little about my background Page 172 April 11, 2023 before I start. I'm not a typical zoning and land -use lawyer, you know, that shows up in front of you all the time. I'm a trial lawyer. My practice is predominantly eminent domain, inverse condemnation, Bert Harris claims, et cetera. I also do a lot of business litigation, real estate litigation. Riviera is represented by the Becker law firm. Fine lawAN I was with them for 25 years. And I was brought in becaust t is directive to go to staff to repeal this ordinance and beca the implications of the Riviera Golf Course Bert Harris And let me start by saying I'll echo what Co oner Kowal said. It's a baseless Bert Harris claim, and I 'e h t this -- this directive to go to staff to say just repeal Sectio 5 -- always forget the numbers -- 5.05.15 is kind of an overrFaFtion. So initially -- let me be clear, apd make some comments. What we're asking th ission to do is not to send it to staff to repeal it but send it to t o maybe look to see if amendments are proper. Now, six years in, it i ta. 7bb appropriate to go back and say, you know what, we didn't really see this particular situation. We didn't see this happening. Morybe there are some tweaks there that may prove to be ben 'al, and maybe they stave off a Bert Harris claim. But you � ly e kind of caught in between. You've got competing anNterests, you've got landowners, i.e., the golf course owner who be seeking to convert and redevelop that property, but existing homeowners. And Riviera, for example, 692 h yelieve, that's a lot of stakeholders. And they've paid pr ms when they purchased their property to be on the golf course and have views. They've paid increased property taxes through the years, decades, many of these people. And given the nature of this community with a lot of the people that are resident there, veterans -- it's a 55-and-over community. It's Page 173 April 11, 2023 not as easy as, well, it's going to change. We're just going to pick up, pack up, and sell out. So we're asking that if there is a direction to staff, that it be let's go back, let's take time, let's hear from the stakeholders, let's hear from the impacted citizens and these property owners and see i re are changes that maybe make sense. e So the Bert Harris Claim, there's not been a denial of a4mg. And I've seen it. I've looked at it. I saw the lawsuit th s filed back in 2019. Frankly, that was ridiculous and was ' 'ssed immediately. And this one's no better. There's b o denial. So they've gone through ITC. They sta e ad the stakeholder outreach meetings. My people sh d up, and they cared, and they tried to have input. et ave been as well received from the developer, who I Jimply checking boxes. Wait, under this LDC provision,ave these meetings. Okay, let's have the meetings. I d nat there was much by way of good faith in taking ieing, ount what the residents of Riviera actually had an interest i which is the greenways. So you mentioned, missioner Kowal, that in 2017 this was praised. Commissionep�McDaniel at the time said that it offered a nice balance of projections for homeowners and the rights of the developers a nddrWners. We couldn't agree more, Commissi ner. t really did. Staff really, really worked hard. I've read thew aper that they did. They worked hard for months to inve is and come up with these recommendations, and I think it' le and should not be repealed. ow, one of the things that I want to bring up is oftentimes when these developers initially go through the process to get these approvals to get the density that they need, they use the golf course as the required open space to meet the requirements of the Land Development Code. So now it's almost like a second bite at the Page 174 April 11, 2023 apple. So years ago you come before us, you get your approval, that meets the open -space requirements. Now you want to get rid of the golf course, you want to build more homes, and you want to get rid of the open space. You want to get rid of the greenways, which is going to be vitally and dramatically impactful to the residenc lb� Riviera. So floodplain compensation is another big, big fac lare. There are as many as 10 different residential commu that are dependent on the Riviera Golf Course for floodpl nagement and stormwater drainage, 10. That's a lot. o eah, sure, no problem. Oh, my gosh, you filed a Bert Harri aim; we're just going to have to get away -- do away wit is ordinance, it's really not the way to go. So there's a dichotomy. Yo �1ia these folks. You've got the existing landowners. You've got d developer who's got rights as well. So let's just take our ti 's take a deep breath, and let's go back, send this to staff, a there are any changes that may be needed. So we're asking that the Commission direct staff to take this back, take a loop :it, see if there are any potential changes. And I would -- no in e shins to the County Attorney's Office. I've dealt with tLe r many, many, many years. They've got very, very fine law e e County Attorney's Office. suggest and recommend that you at least consider re pecial counsel to look at these Bert Harris Claims and de them vigorously and not just, you know, look at them and say, oh, my gosh, now what are we going to do? We've got all these Bert Harris Claims coming up by these golf course developers. Of course they're going to do that. I don't want to be mean, but I've done this for 37 years. They're golf course developers, and that's what golf Page 175 April 11, 2023 course developers do if they feel they're not going to get their way. So I would suggest that, as an alternative, to hire a firm that specializes in Bert Harris, eminent domain, and that area of the law to represent the county in defending against those Bert Harris cases. CHAIRMAN LoCASTRO: Thank you, sir. MR. WHITT: Thank you very much. �► MR. MILLER: Your next speaker is Tricia Campbellhe'll be followed by Denise Hanrahan. O CHAIRMAN LoCASTRO: Denise, if you wa ueue up, if you're here, at the other podium. Thank you. MS. CAMPBELL: Thank you for heari $-h*rts d y. There's a lot of people in this room you'll see the Rivier on. Tricia Campbell, president, Riviera Golf EstatesAopeowners Association. I want to thank you for taking it off4h t agenda and putting it on the regular agenda, because thi portant subject. 2017, staff put hours and hou o the Land Development Code, that the Board of Coun missioners at that time all voted to put this into place. 5. 1 as part of that approval. On March 28th at theNmmissionerst meeting, I heard someone say that this is not working. Well, if it isn't broken, why fix it or, should I say, if i 't used, why are we repealing it? On beha f R iera Golf Estates, we ask that you do not repeal the Land eve ment Code for golf course conversions but instead that you re staff to review the code and return with their reco Lions. AAt 'viera Golf Estates, our board of directors has a fiduciary Aibility to cover 1,125 residents in that community. We have 690 omes and 692 lots. Two of the lots are owned by the county, just so -- put that on record. With all due respect to the board of directors -- excuse me -- the Board of County Commissioners, do you have a fiduciary Page 176 April 11, 2023 responsibility to attorneys who want to do a Bert Harris claim to the county for a taking that wasn't taken, a developer who may not be in Collier County or even in the state of Florida or, most importantly, the population of over 440,000 citizens of Collier County that a majority voted to put the five of you into office? I\rt4, Please, do not repeal the LDC for golf course conversiolb" Thank you. MR. MILLER: Your next speaker is Denise Hanr 1� She'll be followed by Kimber Perala. MS. HANRAHAN: Hi. My name is Denis rahan. I want to thank you for allowing me to speak. I have been a resident of Lakewood for al o t 5 years now. And I'm not sure if any of you have been re, ut it's a great deed -restricted community. And w.e'r hit by both sides. We're getting hit by Lakewood an6 Eve reen, both the golf courses, and it's not just the golf -- golfin 1, of it. It's the flooding aspect of it. n This is huge green landsghh prevent us from flooding. If you've been down Lakewo* during our summer rain, you'll realize that Lakewood -- t e boulevard fills up quite nicely with water. And, unfortunat with the building and construction that both courses are t Noass through, it would, I'm sure, cause us to flood. Not o at, but the traffic. Lakewood has become a cut-t which it's -- from Davis to 41 up to Walmart. But now wkCN re going to add this, you're going to add two places. One is g to be 3- to 400 homes. The other one's going to -- could have the capacity of 300 clients, you're almost a thousand more vehicles in and out of there every day. People on Lakewood Boulevard won't even be able to go to work and get out of their driveways. Page 177 April 11, 2023 This is just such a wonderful community. And when these lands were purchased, they were purchased as golf courses. That's what they were zoned as. And to go ahead and change it and to destroy the community, it's -- it hurts us all. So thank you very much for your time. MR. MILLER: Your next speaker is Patrick J. -- is it Wa s r? I hope I'm getting that right. Patrick? (No response.) MR. MILLER: All right. Anthony Pires? O e he is. Anthony will be followed by Daniel Zegarac. MR. PIRES: Hiding in plain sight. CHAIRMAN LoCASTRO: Daniel, if y an queue up over here so we can -- oh, there you are, sir. 1A sorry. I didn't even see you sitting there. Go ahead, Tony. MR. PIRES: Mr. Chairman, bers of the Board, Tony Pires with the law firm of Woodwa es, Lombardo representing the Lakewood Community S i Association, Inc. And as Commission owal has articulated, there -- Lakewood -- and the former speaker addressed the issue of there is -- Ever Golf Course is going through the ITC process at the present ti e ma, come through with a rezoning. And* La ood there are thousands of residents. They're well-establ s't residential communities. And what y ou have,you have t 'stinct communities: Three condominium communities, t le -families, and nine villa communities. d we concur with the request by the Riviera Golf Estates' representatives and the residents to not direct staff to look towards repealing the ordinance. As Commissioner Kowal said and Mr. Whitt stated, that ordinance was a product of almost a year -- six-month moratorium Page 178 April 11, 2023 and then almost a year of work, collaborative efforts. This is the agenda packet for that March 14th, 2017, meeting that included other amendments, but primarily the golf course conversion ordinance with changes to the Administrative Code, data, backup; a substantial amount of material, a substantial amount of time and effort went to that effort. Also at that time, the golf courses were granted additioi uses. Additional permitted uses were added, and conditional overe added that had not been there previously as part of th' le process. And we would suggest, then, consistent hat's been requested by Riviera Golf Estates, leave Secti .1 in there. Do not change the Administrative Procedures a u 1. If you're to do anything at all, direct staff to prepare resent to the Board at a future board meeting a detailed pres�en to the origins, genesis, and creation of the ITC ordinance Li ' g, but not limited to, the significant research performed b t ty staff just a few short years ago, and direct the staff as pa at process to solicit input from the various shareholdersTissioners. he ordinance and make recommendations to the This will provide the opportunity for a full and robust review and possible amendments to the ordinance. �qd, again, that -- the concerns of Lakewood communitiesIQ ors would be considered. The din e was developed to protect residential communities and provid lance while simultaneously providing golf course own additional alternative use of the golf course property to pr ith reasonable economic development. e staffs and the Board did a very good job of developing and adopting an ordinance that provides for that balance and participation on both sides, the property rights of property owners adjacent to the golf course and the property rights of the landowners of the golf course. Page 179 April 11, 2023 As a result, we request that the Board not direct staff to implement their process to repeal, but if the Board wants to take any action, instruct staff to work with the communities, look at possible amendments, find out what issues and flaws there might be, if any. I've not seen any that have really been identified. So we request -- respectfully request not to take the requ t+ action as outlined in the executive summary. MR. MILLER: Your next speaker is Daniel Zegara© He'll be followed by Peter Osinski. Daniel's been ceded three additional minutes from Robert Montuori. Is Robert here? (Raises hand.) MR. MILLER: There he is. So, Daniel, you will have six minute . Before you begin, sir, Peter Os}n ' a ou here, sir? COMMISSIONER McDANI e's coming. MR. MILLER: Okay. Plea e ank you. Queue up at the podium. Daniel. MR. ZEGARAC: k you. Thank you, Commissioners, and good afternoon. It's been a long day so far. ou know, it started before 9:00, and thank goodness yo y ve to do this twice a month. I mov d i the Fountains, which is the Fountains 1, which is an island is the first group of Fountains south of Riviera Golf Estate oved in a few years ago. And I had heard that there were 90 issues, you know, with the golf course and et cetera, and as 4Wdied it, I found out, yeah, there's some differences of opinion. Riviera Golf Estates -- any of the neighboring communities, Riviera offers a great place to pedal your bike without having any issues. Probably -- you know, you could probably take children or grandchildren along with you in those communities and really not April 11, 2023 face aggressive traffic or incidents that may cause you to not feel safe. I would ask you, Commissioners, do not take away our rights and freedoms by repealing this Land Development Code, 5.05.15, which is the golf course conversion code. I was surprised to see on the consent agenda a few days ago, and I wasn't surprised. finally we're -- we got it -- we nailed it down. It quit moviri around. So we have a chance to talk about it. O You know, 2017 was when the Board of County Commissioners enacted this Land Development Code, 5.05.15. I ve a -- I have something from Naples Daily News in front o e, arch 12th of ' 17. After studying it for six months -- Mr. McDan nd Mr. Saunders, you were on the Board then. After study' this for six months, county commissioners may approve.n limiting how developers can turn golf courses i ing developments. A proposal is to be voted on to req i velopers to put up between a 75- and 100-foot-wide green a and the perimeter of the development. Okay. I' here if any of you guys want to see it. Mr. Saunders in tat article from the Naples Daily News, you're quoted as sayin there's going to be a conversion there, there has to be some way ro ct the people who bought property on a golf course, Sa nde aid. The p s would make it more difficult to do a conversion. And I don't ave a problem with that, because it should be difficult. And so you guys know, I'm all for letting this development company build 104 homes. I am vehemently against 346. You know, kneeling with people that are -- that just want to push as many units into a space as possible isn't the way for us to behave, not at all. And there's more in these articles. The new rules would bring the public into the process earlier and attempt to balance the inserts of Page 181 April 11, 2023 business -- interests of business owners with homeowners who have been paying a premium for views, said Mike Bosi, the County Attorney's Zoning director. So Mr. Bosi behind me, the Zoning director, you know, said people paid a premium because of where their condo or their hoz*,,,,, was located. In the next article -- and I know the young attorney, yo to me, brought up a few of these things earlier -- to the ap2lo of more than 200 residents that packed the chambers Tuesday t six years ago, Collier County Commissioners approved new saying they will make it tougher for developers to turn st i if courses into housing developments. This is -- this is in e , so I assume that it's correct, right? COMMISSIONER McDANIE�,: s he Naples Daily News. MR. ZEGARAC: Among t es is a new requirement that would force developers to put greenway that is between 75 feet and 100 feet wide aro perimeter of the development. That gives this guy 104 is not -- or housing units, whatever you want to call it. Don' e behind the state. Don't hide behind affordable housing Just don't vote yes on this. And if they're going to take you to c okay. Sometimes that happens. Commis er ould still have final say over any rezone request. ue e know that. Comil Npuner Bill McDaniels [sic] said the new rule offers a nice balancTof protections for homeowners and rights for landowners. I think it's a decent path for us to travel, McDaniel said. So if I put an S on it earlier. Developers will be required to put a minimum of 35 percent of the land under a conversion. But, you know, why change now? Why -- you know, why change now? And the only other question I have is, Rick, were you in the Page 182 April 11, 2023 military? CHAIRMAN LoCASTRO: Pretty sure. Pretty sure. MR. ZEGARAC: You were the COO at the hospital, too. CHAIRMAN LoCASTRO: You're being sarcastic? Sit down; your time's up. I've got the gavel here. Thank you, sir. MR. ZEGARAC: I know you have the microphone -- CHAIRMAN LoCASTRO: You do too. MR. ZEGARAC: -- way more than we do. O CHAIRMAN LoCASTRO: Yeah, that's not t hank you, sir. MR. MILLER: Mr. Chair, your next sp e ' Peter Osinski. He'll be followed by Paul Swinwood. MR. OSINSKI: Good afternoon, C missioners. My name is Peter Osinski. I live in Riviera GoLf , And I come to you as a mem 1 he golf course study group at Riviera. And what we did, the ix or seven of us that have done our best to keep up with a going on in the regulations, how to respond, and how to b eed in the challenge that we have with this development in our -- coming at us. Now, when it came time for the SOM meetings, we looked at Section 5.105.15 [sic] very carefully, and we looked at what the SOM meetings areAjl bout. Now, wha important about this section is that it encourages and require ogue between the stakeholders and the developers because ou know from the law you passed in 2017, there has been a l* of litigation that went nowhere and served no one. So we took the SOM opportunity very carefully. As a result, we came up with our questions at the study group and also encouraged residents to come up with their own questions. And we went to the SOM meetings. And you know the story. There were mixed results as far as how the meetings went or Page 183 April 11, 2023 whatever. But we took the results very seriously. We looked at all of the transcripts, and we looked at all questions that were raised, and we looked at all the answers that were offered by developer. We came up with a list of 78 questions that we raised and were not addressed. We then wrote a letter to Nancy Gundlach on June 15th, 2022, and we listed at least nine of the major issues and questions that are yet to be addressed. Now, these aren't gotcha question Chese are very good questions about drainage, about compatibi ' bout a number of things -- land values -- that weren't add As a result, we sent this letter, along with nine of t e important issues and 21 more very good questions; 21 -- 4 a es of probably 70 more, 21 of which I think are very im an pages. Did it work? Did this process,w s? Absolutely. Whether or not the developer dis is as, ah, it's nothing, it's not working, it's not helping, it re a elps us because we have and have documented and have sFtomake o e county a number of our concerns and questions, now that in the next phase of the zoning process, we are go sure they're addressed. As far as we're concerned, this thing works. The 100-foot greenway work What we would be left with if we didn't is a change -of -us ria ce, which here's a change -of -use criteria from Collier Co ntyN Basically, you have 18 questions that you will simply con MAN LoCASTRO: If you could sum up, sir. WOSINSKI: Yeah, okay. In other words, in the absence of thi AQen we go to change of use, which is even less protection for us. I ask you sincerely, leave it as it is. Go forward. This is a good process. You haven't seen it through, but we've taken it seriously, and we guarantee it's going to bear fruit. Thank you very much. April 11, 2023 CHAIRMAN LoCASTRO: Thank you. MR. MILLER: Your next speaker is Paul Swinwood. He'll be followed by Daniel Snyder. MR. SWINWOOD: Good afternoon. Thank you for the opportunity here. My name is Paul Swinwood. I'm a resident of the lands (bv south of Riviera Golf Estates called Fountains 1. You've a dy heard from one of our residents. O We are probably the group most impacted by th osed changes. And I want to acknowledge that the wo e staff and the counselors of Collier County in developin 5. 5.15, a wonderful document as a starting point. It pr i es guidance and direction in the conversion of golf course . I would strongly recommend that it not be repealed, lout ' subsections are in conflict, there be hearings to adju As a homeowner who is ne a ' ly impacted by some of the weaknesses of this LDC, it sa me to see a proposal to provide less guidance on the con of golf courses, especially lands within a golf course com ity or a current community. In closing, I'd likeio invite Collier County planning to come and look at the curre 'nfrastructure below Riviera Golf Course Estates and this cony son. No one has defined who will pay for the 5- to $7 million f i structure improvement that will be needed to support an es going in there: The safety, the traffic lights that will d to access Rattlesnake Hammock, and the safety for the a sidewalks that need to go in, and for the lighting since th no lighting along that street. So Collier County itself is looking at 5- to $7 million if this goes ahead. So I ask you, vote no to the repeal. Thank you. MR. MILLER: Your next speaker is Daniel Snyder. He'll be followed by George Danz. Page 185 April 11, 2023 MR. SNYDER: Right. Thank you. Daniel Snyder. I'm a six-month resident, full-time resident of Collier County. I moved here from King County, Seattle area in Washington State. So I've move from one west coast to another west coast, and I really love it here. What really attracted me here was the community, the �v sunshine -- frankly, Chris, you mentioned freedom and re bility. I appreciate that. It was really a breath of fresh air for rn t come here and find the right community. We worked with a realtor for a number oo We found the perfect neighborhood in Riviera Golf Esta've been really happy. We found here that -- we find t Countyis really about freedom. One small exampl the beach parking pass for free. You really look after your. c ' y and your citizens of Collier County, and I really appree�t'�, t coming here. &I* W1 11 conversion of the 55 commuhe loss of the 55 community. If you look at a map of Rivstates, it's a set of tendrils of roads and housing for, in ' case now, a lot of senior citizens, 70, 801 90-plus-year-old pe.vple who would be hard pressed, honestly, to deal with a convcon at this point in their retirement, in their lives. So myse , know I've moved here. I've helped neighbors with their sprinkler tems. Yesterday I helped a lady get her air-conditi running again. It wasn't running for a few days. We e neighbor's dog. She just got a puppy. There's a real st 1XS se of community in Riviera Golf Estates. But what I really fo s a lot of people are still needy. It would be very hard pressing on them to endure a conversion at this point. I think we owe it to them as citizens and supporters in our community and our county to not go ahead with the conversion. Thank you very much. April 11, 2023 MR. MILLER: Your next speaker is George Danz. He'll be followed by Jody Job. MR. DANZ: Mr. Chairman, Commissioners, my name is George Danz, and today I am the secretary and representative representing the East Naples Civic Association. Ne"Over the past few years, rules, regulations, procedures, a i codes have been developed to provide organized and reaso development in Collier County. V In the last few months, there's been issues regar ome of these items that have come up. Just a month or t hree, whatever it was, this commission sent back th p ocess to staff for changes. I have attended numerous NIMs etings since I've been in Naples, and it's been a very logic xchange of ideas between the presentation of the dev&lo the attendees, and they interact with each other. Someo e idea that we need to look at that or make changes to that. I' of sure what that is. The Bert Harris Act wasi�oned in the executive summary for this item. As the att )gyp anted out, that's my understanding that the Bert Harris Act is ry to rectify a loss or a wrong. And as the attorney pointed out.�to this point there has been no loss to any of the claimants. Now weklYalk about the Land Development Code itself. A lot of time, a IQt oNffort went into that Land Development Code, and all of a sudde rought up. We need to look at it to repeal it or ents to it. A whole bunch of these things coming up at ' wondering if we're on a track to remove regulations and codes for developers so that they can do anything they want. But, really, we'd like to respectfully request that you vote no against repealing the amendments to the -- vote no on repealing or amending the Land Development Code for golf courses. Page 187 April 11, 2023 Thank you. MR. MILLER: Your next speaker is Jody Job. She'll be followed by Gary Henderson. MS. JOB: Thanks. It's Jody Job. Thanks so much -- MR. MILLER: I'm so sorry. MS. JOB: That's okay. Everyone does it. Thanks so much for letting me speak here today. I am here on behalf, in part, of my mom right here nie Job. She's able to speak for herself but prefers me to, I this, aybe. She's -- you know, I'm going to say it. She's 92 y d. And she is completely on point. She keeps me on poi o the time, if I'm being honest. My parents bought their home in Riv' a olf Estates in 1999. They bought a home right on the golf ecause they love the view and the space it afforded the prey had years of beautiful memories with their neighbors an nds, their peers, in this tight -knit 55-and-up golf com My dad has since pass t my 92-year-old mother still lives a vital active life at Riviera if community and enjoys reading her murder mysteries out on her lanai overlooking her golf course every day. Please d t&rt thing and preserve the golf course conversion code thatI s a dy been unanimously supported, and preserve this community ensure it will remain a vital active community where NT"I'V ATMA Ogh s�►�rong to pull the rug out from under our seniors. They bin a 55-and-up golf community. Repealing the well -researched and unanimously approved golf course zoning law sets a dangerous precedent not just for RGE but all seniors and residents, your constituents. In golf -- in golf communities across Collier County, as we can see here today, not only is it careless to April 11, 2023 cram in more housing without care, it's not safe. It would subject these seniors to community congestion, dangerous flooding conditions, loss of property value, and a deterioration of their well-being and happiness. Please do the right thing for our Riviera Golf Estates law-abiding, taxpaying, voting residents. And, in fact, pleas 1bW' support all of our senior citizens and for all our Collier Cou residents, your constituents. You can be their voice, a �y won't forget you for it. _^ Thank you so much. MR. MILLER: Your next speaker is G be followed by Richard Garcia, I'm going to MR. HENDERSON: Hi there. GaAl Charlemagne, part of the Riviera E And the reason I'm here is to Z MR. MILLER: Can you MR. HENDERSON: son. derson, 921 x to not repeal the -- to the mic, please. He'll I just like being herTLAyVw.0got my "vote" socks on. I only get to wear these about four times a year. And to that point, I have a choice. I can either vote in an election, or I can vote with my feet. That's why these socks work well. And all i g willy-nilly golf developments to be redeveloped without a op rocess is what I'll be doing, I'll be voting. I'll either be v in an election, be one of the 27,502 -- (J SSIONER HALL: One. HENNING: I'll be the No. 2 if it's -- or -- you know, or I'd be voting with my feet because what I want is a district and a county that follows a process and a process that allows me the open access to ask the questions of the developers when they develop an area, a golf course. I understand golf courses don't always end up being golf courses all their life. It's -- you know, it's not like going to the old April 11, 2023 course, which has been there since 1500. But I'm still waiting for these questions to be asked. And if we start repealing stuff or doing mediation, that circumvents the process of the Planning Commissions and the Collier County Commissions. And so I'm asking you to -- if you've got questions about yo process, ask those questions to be reviewed, but just repealin��� somethingse because you've of questions is the wrong methodolo Y g q g gY• And one of the questions I have for the developers • at are they going to do with the 2.5 million gallons of water t will be landing on those acreages that they will be redeve ? How will that be processed? I've yet to receive an ans o at, not to mention over three gallons every minute when n n h of rain falls every minute; what happens to that water So I haven't seen that in their i their proposals, and I want to have that process availabl d so I can ask those questions. Thank you. MR. MILLER: Y CO speaker is Richard -- is it Ciarcia? MR. CIARCIA: Ye MR. MILLER: AARd e will be followed on Zoom by Alan Carpenter. MR. CI I Hi. Hello again. Let's • st k back at a point that I think we're missing in here. When the per first bought the place back in 2005, at that time the bull code per building was six feet high, and since the av )evel in -- where we are in Riviera it was about six feet. Y ow, it looked probable. But that 20-year standoff, that's what made the difference. In 2017 after the hurricane, the builder saw that this land requirement was going up, and so it was -- about that time was around 9 or 10 feet, and so that's when he tried to get the proposal Page 190 April 11, 2023 through again for the 2020. But when you look at that end of it, 6 feet versus the 2010 -- and with the feeling that it was an awful lot, that it was going to go higher and, obviously, it did. 2000 [sic] it went to 12 feet. That's when Fiala and a few of you came up with the thing. And it wasn't based on, you know, harassing or changing some -- making it diffic��&- a builder. It was based on this fact of this water requirement � the flooding out on that. So with that 12 feet, it became a Znd federal requirement that you do something about it. So the builder saw that. When we met with gain, they figured, let's come out with a proposal to fix t t ey said, if we create more ponds -- well, they're filling in a f onds, too. If those ponds are maintained at 3 feet -- I d 't ow how we do that. We had nothing to do with them bettor ose pipes and everything else that go through th" d connect all the ponds are maintained with removing the silt hat the water could flow through it, then it should wor4' Well, that's if, if, if, uld. That's not a guarantee, a warranty, even a great gu And they knew this, and that's when the requirement -- he tree requirements that they were supposed to do was meet wi s, then come out with a proposal, you know, saying at r -- at our requests are and what we're worried about -- th n r did that -- and then come out with their land requiremen g on what they were going to fix. Well, obviously, they asn't going to work either. `used on these things, this seems like the easiest decisions in th , ote, history of decisions, to quote a little TV commercial on that end. On the final end of it, you guys have done a great job, you know, putting in parks, putting in soccer fields, sports parks, and pickleball, but one of the biggest requirements, because of the senior Page 191 April 11, 2023 end of it, is golf courses, maintaining these golf courses. Right now, even though it's in March and it's starting to turn off, these golf courses are full right to the end of the day. They're putting in, you know, a full end. It's almost 300 people, you know, per day on this end. He said that the golf course was not feasible economical Even though he kept it horrible, that place was still puttin ' eople into that end of it, and we know he was making money, b se all the other golf courses were making record profits. Hibiscus alone was making -- reported $800,000 profit five yearjet The last part of it is that if this goes, obv' sakewood goes, obviously Greenwood goes. Would Hibiscus e? If the guy likes the money that much, I mean, the pr' of this land is just skyrocketing like crazy. And then ko other golf courses? And what have we done for the c rl, ' y for there [sic]? Thank you very much. MR. MILLER: Your fi istered speaker on this item is Alan Carpenter. Mr. Carpenter, you'r ing prompted to unmute. I see you've done that, sir. Yo haVe three minutes. MR. CARP TER: Thank you very much. I want to thank the commissi s allowing this topic to be on the regular agenda. I'm sorry I cou 't be there in person to address you. My holiday travel plan e set a while ago. nted to say, as a former in-house counsel for a number of ies, that I was a great believer in process, spent a lot of ti front of the US FDA, the NRC, DEA, HHS, EPA, you name it. olicy and procedure were sort of my forte, and you can call me the process guy. And I think what we're hearing today from both Attorney Whitt and Attorney Pires is that we implore you to follow our logical Page 192 April 11, 2023 process for major changes to the code, if any are warranted. And I wanted to just remind everybody that the Board previously voted in favor of having the county review -- county staff review the specific sections that seemed objectionable that led to these purported Bert Harris letters having to do with the dimensional requirements o greenway. �+ And that meeting was only three meetings ago on FebA 14 where the vote was taken and asked to direct staff to do t tudy and come back with recommendations. I think it's important to rely upon the staff in ical planning process, and we all, as taxpayers as h commissioners yourselves, rely upon those ex rt , e land planners, the engineers, the attorneys, and others, f heir respective expertise in their fields. So we sincerely request that ow the process of studying the proposed changes, if any are d, and to improve the process. We agree with continuous im ent for any code that needs adjustment. Finally, I'd just point t there's always the result or the rule of unintended consequences, which may come into play by anything as drastic as repealing a code, which is sort of like throwing out the baby with th thwater. 0ou a n could impact thousands of homes' values in golf coursco sties across the county. very much for your attention. WMILLER: And that was our final registered speaker on thi 't , sir. CHAIRMAN LoCASTRO: Okay. Commissioner McDaniel, you're lit up. COMMISSIONER McDANIEL: Yeah. Well, it was my name that was put on this, so I wanted you to hear why I made this Page 193 April 11, 2023 proposition. Two weeks ago, County Attorney, when you were sitting in my office and we were discussing the proposed zoning settlement for the Naples Links on the East Trail, what was your comment with re and to this ordinance? MR. KLATZKOW: It doesn't work, not as intended. COMMISSIONER McDANIEL: Agreed. Mr. Bosi, I just wanted folks to understand why w ' re, why I made this suggestion. And I don't want to put wor our mouth. I just want to talk a little bit from your pe -- or from your opinion, not personal opinion, but your i 'th regard to this golf course ordinance and its functionality. i requisite -- was it extreme for me or for the suggestion to his back for a vote of repeal? MR. BOSI: Mike Bosi, Pla d Zoning director. I won't offer any comment in e s of the extremism of the nature. I think what your re t as related to was the number of Bert Harris claims that w gainst the golf course conversion process. And, remember, hink there needs to be a clear distinction. The golf cou''se, the intent -to -convert -- the intent -to -convert process has ciszons made within there. The golf course -- the intent-to-c nv rocess was designed to promote dialogue between the develo d the existing homeowners within proximity to the golf c It was -- took the concept of our neighborhood i rma ' n meeting and kind of -- and blew it up even further. said, we really want to get compromise. We want to explore is there compromise between the developer, what they're proposing within these -- within these existing golf courses and in the conversion process and the existing homeowners. Where is it we can find areas towards when it -- because after Page 194 April 11, 2023 the intent -to -convert process, there's no decision. Then after you're satisfied with your intent -to -convert process, then you're allowed to ask and petition this Board of County Commissioners, can we rezone from golf course -- in this particular case, in Riviera, it's golf course. In Ironwood it's zoned golf course. Both of these are unique in terms that they are zoned golf course, not zoned as part of a larger PUD that has a golf course component within it. 144 % And what we have found, both the Riviera and the QU the Ironwood, there has -- there hasn't been the robust co ation we had hoped for. I think one of the speakers had sa' intent -to -convert process has elicited a numb s ions that they have arrived upon that they want to see answe d uring the rezoning process. So within their purview, they f tha the golf course conversion process has shed light onto hat they need to be more -- to ask questions about. i s of the give-and-take that we have designed for the golf o se conversion, it hasn't happened. n One of the things I d alit to point out that is a requirement -- and the basyf the golf course conversion, the SOM -- so those are called stakeholder outreach meetings, they're required to have o of them where the developer goes and talks to the communi d ies to find where they can maybe have some compromi e in s of how they're proposing. And the whole basis of -- and w ve highlighted within the intent -to -convert process -- ISSIONER McDANIEL: It's not showing up yet. BOSI: Thank you, Commissioner. MMISSIONER McDANIEL: There we go. MR. BOSI: Conceptual development plans. The basis of the intent -to -convert process is based upon conceptual development plans, and those conceptual development plans are not engineered, they're not stamped. They are the concepts, the concepts they want Page 195 April 11, 2023 to bring to talk to the community about; this is what we'd like to see. And then the idea is the community says, well, we're not in favor of that. We'd like to see the buffer in a little bit more robust manner. We'd like to see maybe higher setbacks, different arrangement of structures depending on if they're one-story, two-story, those typ f things. That hasn't really been -- hasn't been provided for wite conversion process. But further within this intent-to-c ee t process, there is components that requires, and it's at with that concept plan that -- and we'll get back to that secti t I had -- stormwater requirement -- or stormwat ment requirements, they have to demonstrate that th st water management for surrounding uses will be in ained at an equivalent or an improved level of service. T4at be demonstrated by a pre versus post development sto noff analysis. So we're saying there's no zo n action during the intent -to -convert process. T ' is process to stimulate discussion between the applicant an sting residential community. It's based upon concept plans. But right here it's Vlling you that you've got -- you're spending dollars on engin ed stormwater -- stormwater management requirements ha an inconsistency within that code. That needs to be addr se If the recommendation of the Board of County Commissi was to seek areas for modification and improvement within tTis area, that is one of the areas. Next it says, floodplain compensation in accordance with Section 3.02 has to be provided. But how is -- it's hard to provide that level of specificity when you're dealing with concept plans. COMMISSIONER McDANIEL: And so -- and that's where -- you know, there again, this is where I -- you know, I'm trying to gather this. I mean, the County Attorney and I talked about Page 196 April 11, 2023 it not being a functioning ordinance, so the automatic -- the automatic was to repeal it, because we're getting all these requests of claim of Bert Harris and potential lawsuit and property takings and so ons and forth. Would you concur that the ordinance is not working? Or Id you suggest -- because I'm totally fine with -- I mean, repeali it -- we don't have to repeal it. If there are aspects of the ord nce that staff is happy with that's offering some assurances, I'm totally fine with reviewing it, bringing back recommendations for necessary adjustments so that it is more functioning. I also to hear from the County Attorney as to why he says it's no or So I wanted to hear from you on that. MR. BOSI: I most certainly think t th re are opportunities for improvements within it and I just i ed on. The other aspect that I think is gets to the heart of what -- why I think there was the o �`vation from the dais to potentially repeal this -- this s ,and it has to do with -- the second portion says -- of - it talks about -- this is about the greenway. This is what's quired for a golf course. If a golf course wants to go -- move from a golf course to a non -golf course use or residential use, equired to have a greenway, and that greenway is required to bainin mum average of 100 feet and no less than 50 feet at any oneLocaTljpn. COM TONER McDANIEL: Seventy-five. Seventy-five feet. BOSI: I'm sorry. Thank you. MMISSIONER McDANIEL: They know it better than you do. MR. BOSI: Yeah, I see that. So thank you. And so that component is a standard that's saying that's a requirement. That requirement is what is allowing the Ironwoods, is Page 197 April 11, 2023 allowing the Rivieras, allowing the Links to go straight to the Bert Harris Claim, because there's no residential development proposed in this county that would be next to a residential development that would require a 100-foot buffer. COMMISSIONER McDANIEL: Right. MR. BOSI: That's a unique aspect of -- if you have a g IN course and you're transitioning to something, you are askSf the government is asking that property owner to surrender his land than what would be required of any other devel So that's problematic. And what -- the other aspect -- and if yo o4; and its relation to it -- and it's been my interpretation t at the Board of County Commissioners could deviate fro ny aspect of the golf course conversion, but the strict read t the language, the Board may approve alternative de ' , at was vetted at the stakeholder outreach as provided LDC Section 5.05.16.C.3. So there needs to be mo 'ons to say that the Board of County Commissioners e deviations from any and all components of the golf co e conversion so you don't have a developer being able to.Aay, we're going straight to Bert Harris because there's feet that's being dictated of my property. And from a -- fro a tak g standpoint, they can make a pretty strong foundatio tha are being treated uniquely because we are a golf course co m d to any other land use within -- because there's no other ent within our zoning code that would require such a dNi of land. MMISSIONER McDANIEL: Would we not have sufficient protection within the existing LDC for a conversion of a golf course for the residents and the people that are impacted by it? Would this board be able to -- again, not everybody's going to be happy, but do we not already have sufficient protection for residents that reside next April 11, 2023 to within the LDC, the existing LDC, without this conversion? MR. BOSI: The existing, without this, would not have the requirements for the -- requirement for the additional greenways and the width of them and the average lengths and the specific definitions. N What you would have, you would have the rezone proceZlu would have a neighborhood information meeting where the ould be promotion -- try to promote a little bit more dialogue at -- but you would always have the ability to impose additionXndards of additional buffering, additional setbacks in relatio o where the proposed development could actually be. So from that perspective -- from that pers ec ive, rezone -- the rezone process does allow for the Board qfevpunty Commissioners to make specific impositions. But the.in - onvert process is designed specifically to suggest w N d be appropriate. I think there's areas of improvj7ht within the intent -to -convert process if it's the will of the &on"version, o direct staff to modify or seek amendments to the golf and at that time, if you felt that it wasn't sufficien ough, you could -- you could ask for additional or you could tell us at the time that you felt that the repeal was the appropr' action. I'm not -- you know -- so from staffs perspective, kn , we're ready to take the direction -- the policy direction ),om Board of County Commissioners, but there are aspects of tent -to -convert process that simply do not work. The r irements for the floodplain compensation and the water management, that's a rezone aspect. That's not a conceptual planning aspect. That's not necessarily needed to promote the dialogue. What you're trying to find out is if we had a -- if we had the golf course and we put the residential development in this location and we had a 100-foot green space buffer, does that satisfy your concerns? And then the residents could have some Page 199 April 11, 2023 give-and-take back with the developers. That's how we had hoped to do it. What has happened is both positions have become entrenched, whereas it's simply we don't want residential development, and we're not going to participate. And the developer is saying, well, if yo don't want it, then there's nothing else for us to talk about. T se what we've had from Riviera. That's what we've had from Ironwood. O COMMISSIONER McDANIEL: Gotcha. �• MR. BOSI: I was at -- I was at the meeting. COMMISSIONER McDANIEL: This i it -= do you want to correct them? CHAIRMAN LoCASTRO: Yeah. st -- I think everybody knows the kind of decorum and profes ' we want to have in here. So this is a commissioner t o one of our staff members. If you want to come to the podiu 've already had that chance. So let's -- go ahead, sirs. MR. BOSI: And a ying is the dialogue is not exchanging between the t parties. That's what I'm saying. We need to do better at trying to promote -- to codify that activity, because that's tbe4 tent of what it was trying to do, to try to promote better conver tons etween the developer and the existing residential o nity, and we haven't gotten that. COM IONER McDANIEL: I understand that now. our -- you know, the best intentions of mice and men, and I d the intent. I supported the original golf course co sion ordinance when it came through. My comments and quotes were read. And, Dan, it was in the -- Dan? He's back there talking to the county clerk. He's not listening to me right now, but because it was in the Naples Daily News, it had to be true. The question that I have is back over to the County Attorney, Page 200 April 11, 2023 and that is your statement to me of this ordinance is not working, what's the premise of that? MR. KLATZKOW: Mr. Bosi and I are completely on the same page. The original intent was to have super meetings, super neighborhood information meetings where the residents can get together with the golf course developer and hopefully reach s rt of accommodation. What's happened is that the residents said, no way, no rezone. O COMMISSIONER McDANIEL: Yeah. MR. KLATZKOW: And the discussions we ey were not profitable in any manner. COMMISSIONER McDANIEL: So the u stion is -- and this is where I come back around -- what's the what's the --what's the rationale of having a golf course corav dinance if the -- if the property owner has to rezone the elproperty -- has to ask for a rezone of the piece of property? would we -- why would we have this even at all? I mean then it's up to the developer and the residents, and I'm usi ra because I see all the shirts. It's up to the developer and th sidents of the community as to whether and what they actually, in fact, propose. MR. KLATZKOW: Because the original intent was to have the community a2d he developer come together on an agreed redevelop en t n rather than having food fights before the Plannin fission and ultimately this Board. But if residents, as a ma r man nature, are not going to have discussions with the de ,all right, then the entire underlying foundation of the golf co ordinance just collapses. COMMISSIONER McDANIEL: And so the rationale, then, becomes the developer is meeting with resistance because of an intent to communicate by this golf course conversion ordinance. He's meeting resistance, so he automatically defaults to the Bert Harris for Page 201 April 11, 2023 a taking that hasn't, in fact, transpired similar to -- MR. KLATZKOW: That's a different issue. My own feeling is that you may have a -- let's just say -- a lightweight suit, all right, and they'll go for the Bert Harris hoping to extract some sort of settlement because they know the rezone is a difficult row to hoe. COMMISSIONER McDANIEL: Right. �+ MR. KLATZKOW: So the unintended result of this ance is that the developer has some incentive to sue the coun r it because they're concerned they'll never get their rezo COMMISSIONER McDANIEL: Right. MR. KLATZKOW: That's personal opi ' n. could be in error on that. COMMISSIONER McDANIEL: th re again, the reason -- CHAIRMAN LoCASTRO: Sir, se. Go ahead, sir. Sir, please. Commissioner McDanie COMMISSIONER EL: Okay. So the reason that we're here is because -- y nd I talked about this, and you were of the opinion that thi ordinance is not working and needs to be repealed. MR. KL W: Yes, however, if Mr. Bosi feels that it can be tinkere wi nd made better, I would be more than happy to work with n that. SI: And I would say, when you asked a question of w e ' tent -to -convert process before the rezoning process, the re g process allows for the avenue with the neighborhood information meeting and the Planning Commission give-and-take. The whole purpose of the SOM was to say, before you get to the pressure of the Planning Commission, before you get to the pressure of the BCC when things are being decided, when it's now Page 202 April 11, 2023 happening -- COMMISSIONER McDANIEL: Going to happen. MR. BOSI: -- this is before the rezone process, we're going to craft out two specific meetings to try to promote that conversation. What we have found is that conversation just hasn't been robust ZiShe nature, and it has not resulted in a lot of compromises from b those processes. COMMISSIONER McDANIEL: Okay. So cons 0itly, then, if you're okay with this, I'm going to change thi a recommendation of repeal to a recommendation o it and amendments offered up by staff. CHAIRMAN LoCASTRO: I've got a co COMMISSIONER McDANIEL: Bp* ''s aising his hand. Is he saying two? Is that "peace" or MR. BOSI: No, sir. I just WVe e o remind you -- and the speaker -- one of the speakers, I the last Zoom speaker, did remind you, you did direct th ty Attorney to work with me to make amendments to the e have started that process of identifying areas where w ink that the improvements can be made to the intent -to -convert process. So we are -- I think we've gotten a -- COMMO R McDANIEL: It already happened back in February, this, MR. So we are -- so we have started that process of identi y - of trying to improve the intent -to -convert process based upon that prior direction that the Board provided, I think it was a couple meetings ago. COMMISSIONER McDANIEL: Okay. CHAIRMAN LoCASTRO: Commissioner Saunders, and then Commissioner Kowal, then Commissioner Hall. COMMISSIONER SAUNDERS: Thank you, Mr. Chairman. Page 203 April 11, 2023 I think all of -- I know Commissioner McDaniel had brought up the idea of repealing this, but four of us asked this to be pulled off the consent agenda. I assume it was because none of the four of us want to repeal this. And now Commissioner McDaniel agrees that maybe repeal is not the proper thing. So I would -- I'd like to see us take this ordinance, come, with amendments. I think the whole idea was to make course communities had a couple bites at the apple, if terms of what's going to happen in their neighborhoo process kind of slows things down a little bit. I u have to go through a rezone process. But I like the idea of communities havina��ad ,e`t4t golf w�ll, in nd so this d that they ance warning, trying to work things out, and if it doesn't rkin terms of working things out, that's fine. They're still jgo me to us. So I would make the motion NNs Commissioner McDaniel's already done that -- to have staff r on this ordinance, try to fix it, and -- but not to -- not to reaea CHAIRMAN LoC Commissioner Hall. COMMISSIONER KOWAL: Commissioner Kowal, and then Thank you, Chairman. Actually, t4a was my note was to make a motion not to take it as what it's w 6 n Nday as a total. COLISN,40NER SAUNDERS: I'll withdraw my motion so you can m e motion. SSIONER KOWAL: But the same -- same motion. AeNeason I say that, if we went forward with the language that was here before us -- you know, I can't say what the future will bring or what will happen with golf courses and their neighboring communities, but what I do know, what will happen today if this would pass the way it is written, it would affect 6,002 rooftops in our community today. Page 204 April 11, 2023 COMMISSIONER McDANIEL: So make the motion. I'll second it. COMMISSIONER KOWAL: So I would like to motion to have this reviewed by staff, make amendments or not, and bring it back at a later date for discussion. CHAIRMAN LoCASTRO: Commissioner Hall, did yo comments? COMMISSIONER HALL: I did have a question for )r. Bosi. So listening to the comments, it seems to be the theme is is if this LDC goes away, it makes it an easier path for the *er, and I didn't see it that way at all. COMMISSIONER McDANIEL: Right. COMMISSIONER HALL: That w 't t e reason why we wanted to repeal this. The reason vyh re entertaining about repealing was because the intent a rocess that we wanted to initiate was not effective. If tha ' -- COMMISSIONER McD L: Right. COMMISSIONERZ) • If that's what I'm -- so that was -- I just wanted to make it cleayhe entertaining of this LDC, of it going away, is in -- by no means trying to make it easier for the developer. There's still a rejo�ng process and still a process that he would have to go. ,� I tell you tha you, o -- I've read every email that I've gotten, and I can e with just -- I agree with them. So I'm hearing tening to you. e question I have for Mr. Bosi is, if this Land Depment Code, if the intent to convert went away, does that limit our -- does that limit our position in any way in considering other rezoning changes? MR. BOSI: No, it doesn't. It doesn't change any of the criteria or any of the compatibility and analysis or any of the evaluations that Page 205 April 11, 2023 the Board would make. COMMISSIONER HALL: Okay. Does it -- does it open up any other land uses or any other easier paths of least resistance for any other developers if this goes away? MR. BOSI: I would have to say it does make it easier, bec e the intent -to -convert process is about a nine -month process to process. So it does -- you have to satisfy that before you cAllet to the rezoning. So it does -- and I think Commissioner S Qers had highlighted it. It does slow the process down and al he adjoining residential community to sort of get thei s around the issues in a little bit more of a robust way. COMMISSIONER HALL: Thanks. In a case, I'll support the motion and the second. CHAIRMAN LoCASTRO: Coo 's er McDaniel. COMMISSIONER McDANI . eah. No, I'm good. Let's -- CHAIRMAN LoCASTVaA think we've got a motion and a second to send it back to4af come back to us with better verbiage and more analyse* COMMISSIONER McDANIEL: I did have one quick question from the County, torney, and this goes back to the -- this flurry of Bert Harris C 1 s. s there -- have you had specific language with Mr. Bosi with rd to amendments that would reduce that exposure? TZKOW: Yeah. I believe we've had some convesNions, yes. COMMISSIONER McDANIEL: Okay. Okay. That's all for now. CHAIRMAN LoCASTRO: Okay. We've got a motion and a second to send it back to the staff, give us some more eloquence and detail, and then, obviously, I'd encourage citizens to continue to stay Page 206 April 11, 2023 engaged and -- all in favor? COMMISSIONER HALL: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN LoCASTRO: Aye. COMMISSIONER KOWAL: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN LoCASTRO: Opposed? (No response.) CHAIRMAN LoCASTRO: It passes unanimo So, Mom, 92 years old, how do you think yo the podium? She did all right? Not too bad,,41i. Your daughter did all right at the podium? JEANNIE JOB: (Nods head.) �hter did at e did okay? CHAIRMAN LoCASTRO: VYe' to take a break, and we will come back at, let's say --1 ' 4:50, and then hopefully that will be our last break. (A brief recess was had f :36 p.m. to 4:50 p.m.) MS. PATTERSON: ' , you have a live mic now. CHAIRMAN LoCAS RO: Let's get started on 11B. Item # 11 B AUTHORIZ DGET AMENDMENTS TO RECOGNIZE $23,233,0 REVENUES DEPOSITED IN THE SOLID WASTE CAPI L D (474) RECEIVED FROM THE FEDERAL EM CY MANAGEMENT AGENCY (FEMA) RELATED TO T HURRICANE IAN DEBRIS REMOVAL EXPEDITED EX NSE REIMBURSEMENT, AND RETURN BUDGETED FUNDS BACK TO THE ORIGINAL FUNDING SOURCES WHICH INCLUDE WATER/SEWER OPERATIONS FUND (408) ($8,913,500), WATER CAPITAL FUND (412) ($81909,869)1 SOLID Page 207 April 11, 2023 WASTE DISPOSAL FUND (470) ($211511700), AND CAPITAL PROJECTS WITHIN THE SOLID WASTE CAPITAL FUND (474) ($39257,931). (CHRIS JOHNSON, INTERIM DIRECTOR — CORPORATE FINANCIAL AND MANAGEMENT SERVICES) - MOTION TO APPROVE BY COMMISSIONER SAUNDERS; SECONDED BY COMMISSIONER HALL — APPROVED A MS. PATTERSON: Yes. 11B is a recommendati authorize budget amendments to recognize $23,233,0 0 n 'evenues deposited in the Solid Waste Capital Fund received the Federal Emergency Management Agency related tot e H e Irma debris removal expedited expense reimbursement an budgeted funds back to the original funding sources whic 'ncl de Water/Sewer Operations Funds, Water Capital Fund, aste Disposal Fund, and capital projects within the Sol' Yapital Fund. Mr. Chris Johnson, your inter' rector of Corporate Financial and Management Services, is And just a reminder t, number one, as a good- � dollar amount answer questions. and that this is on the agenda, but, number two, because of the COMMISS EdSAUNDERS: I'll make a motion to approve. COMM ONER HALL: Second. CO ONER KOWAL: Second. LoCASTRO: I've got a motion and second. SSIONER McDANIEL: Fourth. LoCASTRO: All in favor? iCOMMISSIONER HALL: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN LoCASTRO: Aye. COMMISSIONER KOWAL: Aye. April 11, 2023 COMMISSIONER SAUNDERS: Aye. CHAIRMAN LoCASTRO: Opposed? (No response.) CHAIRMAN LoCASTRO: It passes unanimously. MR. JOHNSON: Thank you, everyone. CHAIRMAN LoCASTRO: Spend it wisely. L �� Item # 11 C O s AN OPERATIONS AND MAINTENANCE BUD IN THE AMOUNT OF $ I,200,000, IN FISCAL YEA 2 3 ( 23), FOR THE NEWLY CONSTRUCTED INTERIM AST COUNTY WATER RECLAMATION F POTABLE WATER STORAGE T AUTHORIZE TWELVE (12) AD EQUIVALENT POSITIONS, AN NECESSARY FY23 BUDGET. SUBREGIONAL APPROVE BY COMMISSI an operati Fiscal Ye, Water Rec ILIVY (NECWRF) AND n PUMP STATION, FULL-TIME HORIZE ALL CENDMENTS. (CRAIG PAJER, ?CTOR) - MOTION TO KOWAL; SECONDED APPROVED ER)QN: Item 11 C is a recommendation to approve d maintenance budget in the amount of $1,200,000 in for the newly constructed interim Northeast County ion Facility and Potable Water Storage Tank and on, authorize 12 additional full -time -equivalent positions, all necessary FY '23 budget amendments. George Yilmaz is here to start the presentation or answer questions. CHAIRMAN LoCASTRO: So that's a new station, and putting money and people into it, basically, is the summary, right? Do I Page 209 April 11, 2023 have a motion to approve or any questions for Dr. Yilmaz? COMMISSIONER KOWAL: Motion to approve. COMMISSIONER SAUNDERS: Second. CHAIRMAN LoCASTRO: Okay. I've got a motion and a second. All in favor? COMMISSIONER HALL: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN LoCASTRO: Aye. 0 COMMISSIONER KOWAL: Aye. COMMISSIONER SAUNDERS: Ave. CHAIRMAN LoCASTRO: (No response.) CHAIRMAN LoCASTRO: MS. PATTERSON: Thank COMMISSIONER HALL: Opposed? �ON ously. MR. YILMAZ: Thank yoi�r • Item # 14B 1 A PILOT TEST PROG�RA WITH ECOLOGICAL LABORATORIES OF CAPE CORAL FLORIDA TO MONITOR AND DOC] RESULT OF USING ECOLOGICAL LABORATONCS PRODUCT "QUANTUM GROWTH SERIES" A SOIL AN T MICROBIAL INOCULANT WITHIN THE EXISTIV ILANDSCAPE RIGHT OF WAY WITHIN THE BAYWORE GATEWAY TRIANGLE COMMUNITY ,,,,I)VELOPMENT AREA (BGTCRA) AND ACCEPT THE DOITATION OF THE PRODUCT. (DEBRAH FORESTER, COMMUNITY REDEVELOPMENT AGENCY DIVISION DIRECTOR) MOTION TO APPROVE BY COMMISSIONER HALL; SECONDED BY COMMISSIONER KOWAL - Page 210 April 11, 2023 APPROVED MS. PATTERSON: That moves us to Item 14, Community Redevelopment Agency. Item 14B 1 is a recommendation that the Board of County Commissioners approve a pilot test program wi Ecological Laboratories of Cape Coral, Florida, to monitor a se document the results of using Ecological Laboratories' pro �p "Quantum Growth Series," a soil and plant microbial in 1 nt with the existing landscape right -of --way within the Baysh ate Triangle Community Redevelopment Area and accept �'he donation g Y p � ,� p �, of the project. Ms. Deb Forester, your Community Rede el 1pment Agency division director, is here to answer Acommissioners. r make a brief presentation. MS. FORESTER: Good aft For the record, Deborah Forester, CRA �Wcor. This concept was first in' back in May of 2022 at a joint BCC workshop with our visory Board and our Bayshore Beautification Advisory Bofd, and at that time the commissioners were supportive for us to look further into this product. So today we are here with a pilot test program with protocols that have been vetted through county staff, through the University of Florida ex nsi,service, and the Naples Botanical Garden has also given us fe ck. that, I can go through the presentation, or if you have a ' is questions about the product, we do have a representative he m Ecological Laboratories that can answer product -specific questions. CHAIRMAN LoCASTRO: Commissioner Kowal. COMMISSIONER KOWAL: Just two questions. This is on a donation basis, right? It's not costing the county or any taxpayers Page 211 April 11, 2023 any money to do this pilot program? MS. FORESTER: That's correct, sir. COMMISSIONER KOWAL: And the second is basically what we're trying to achieve is get off of the harsh fertilizers that we typically use and have some of the other to cut down on that? MS. FORESTER: Correct, to reduce our dependency o l► nitrogen -based fertilizer, if appropriate. COMMISSIONER McDANIEL: And I have a q i n. CHAIRMAN LoCASTRO: Go ahead, sir. COMMISSIONER McDANIEL: Do you w to hit my light? I mean, it makes perfect sense. Are n it i pacts from this -- known negative impacts from -- maybe su d ask him. MS. FORESTER: Yes, ask him. COMMISSIONER McDANIEJ,: he going to -- or you, it doesn't really matter. Are there4cA negative impacts coming? MR. SANE: No, sir, nFin e impacts. THE COURT REPORTan I get your name? MR. SANE: Aarork Spaun the agriculture, horticulture, and turf division for Ecolo al Laboratories. We're a bacterial manufacturer located iiyC pe Coral. COMMIS ER McDANIEL: Okay. COMM O R HALL: Does it stink? MR. A It has a strong odor. COM IONER McDANIEL: It has a strong odor. LES: Yeah. Hydrogen sulfide. MISSIONER McDANIEL: So... MMISSIONER HALL: I make a motion to approve. COMMISSIONER SAUNDERS: Second. CHAIRMAN LoCASTRO: I've got a motion to approve. Do I have a second? COMMISSIONER KOWAL: Second. Page 212 April 11, 2023 CHAIRMAN LoCASTRO: in favor? Okay. Motion and a second. All COMMISSIONER HALL: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN LoCASTRO: Aye. COMMISSIONER KOWAL: Aye. COMMISSIONER SAUNDERS: Ave. CHAIRMAN LoCASTRO: (No response.) CHAIRMAN LoCASTRO: Item # 14B2 Opposed? 0 It passes unam THE BOARD OF COUNTY COMVIZVERS, ACTING AS THE COMMUNITY REDEVEL(VXPVT AGENCY BOARD (CRA), DIRECT STAFF TO G�'T LEAST 30 DAYS PUBLIC NOTICE OF ITS INTENT T L, LEASE, OR OTHERWISE TRANSFER APPROXI 1.84 ACRES OF CRA-OWNED PROPERTY AT THE C ER OF THOMASSON DRIVE AND BAYSHORE DRIVE IN THE BAYSHORE GATEWAY TRIANGLE CO UNITY REDEVELOPMENT AREA, AND INVITE PRO SA S FROM, AND MAKE ALL PERTINENT INFORMATI AVAILABLE TO, PRIVATE REDEVELOPERS OR ANY IONS INTERESTED IN UNDERTAKING TO RED OR REHABILITATE THIS PARCEL. (DEBRAH FOR%5NER, COMMUNITY REDEVELOPMENT AGENCY DIVISION DIRECTOR) - MOTION TO APPROVE BY COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER SAUNDERS — APPROVED MS. PATTERSON: Item 14B2 is a recommendation that the Page 213 April 11, 2023 Board of County Commissioners, acting as the Community Redevelopment Agency, direct staff to give at least 30 days' public notice of its intent to sell, lease, or otherwise transfer appropriately 1.84 acres of CRA-owned property at the corner of Thomasson Drive and Bayshore Drive in the Bayshore/Gateway Triangle CommunN Redevelopment Area and invite proposals from and make all lz� pertinent information available to private redevelopers and 4ons interested in undertaking to redevelop or rehabilitate thi el. Again, Ms. Deborah Forester, Community Rede ment Agency division director, is here to make a brief p ation or answer your questions. CHAIRMAN LoCASTRO: right, for the record? MS. FORESTER: CHAIRMAN LoCASTRO: Commissioner McDaniel. COMMISSIONER McD normal process when properties here? MS. FORES you approved, representativ,Q overview if vc forward wi M46 That's form Ps, obviously, own as Del's Corner. y. Any questions? `L: Are we deviating from our olicited offer for government We're following the same process that with Catholic Charities. I do have rerom Naples Cinematique to give you a brief ould like to hear from them before we would go Mr6 30-day notice provision. SSIONER McDANIEL: No, I don't think we need to y4'11 make a motion for approval. MMISSIONER SAUNDERS: CHAIRMAN LoCASTRO: All in favor? Okay. Got a motion and second. COMMISSIONER HALL: Aye. COMMISSIONER McDANIEL: Aye. Page 214 April 11, 2023 CHAIRMAN LoCASTRO: Aye. COMMISSIONER KOWAL: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN LoCASTRO: Opposed? (No response.) I\rt4, CHAIRMAN LoCASTRO: It passes unanimously. MS. FORESTER: Thank you very much. 0 Item # 15A 64, PUBLIC COMMENTS ON GENERAL TOP CS N THE CURRENT OR FUTURE AGENDA BY IND ALS NOT ALREADY HEARD DURING PREVIOt & LI COMMENTS IN THE MEETING _ MS. PATTERSON: Item 1 t'and commission general communications. Item 15A is public com on general topics not on the current or future a end �iduals not already heard during the previous public comments this meeting. MR. MILLE AVe have no such registered speakers. MS. PATT ON: Excellent. Item # 15 RO HING UPDATE -PRESENTED WITH REQUEST TQTiT UE CONTINGENCY PLAN FOR NEXT MEETING Item 15131, this is staff project updates. We do have an update on rock crushing. Ms. Jaime Cook, your Development Review division director -- maybe I got it right this time -- is here to present. Page 215 April 11, 2023 MS. COOK: You did. Thank you. Jaime Cook, Development Review director at Growth Management/Community Development. Since the last board meeting, you'll have noticed in the weekly report that I had provided to you, they'd only crushed about 3,5 cubic yards. So staff is estimating that we're actually about there with the crushing. They do have new equipment installed. A new de fi r was ;$� installed last week. And so they now have three ma actually preparing the material for the crushing portion of ivities. They've been separating out the construction rl rebar, the other metal and materials that cannot be crush So last week they separated what theAstimated to be about 5,600 cubic yards of material that cin this week. So hopefully we are going to see that Nf go up this week. And they have moved furth 'n the site. So they are actually now closer to the Boys and G* b than they are to Santa Barbara and Davis at the corner. � But, again, we're abo halfway there. So at the next Board meeting -- the next Board meeting will be the last Board meeting before that May deadline that we would need your approval to either let the c nti e to crush past May 1 st or an alternative method ofLem 1. CHA N LoCASTRO: I mean, I said this before, and I think t that point, but I'll see what my colleagues think as far a ow, if there's an appetite for it. t I just think it's time to burn the candle at both ends. And I realize that, you know, six months ago there was, you know, maybe no appetite for the -- you know, let's remove rock that's uncrushed as quickly as we're crushing it. And, you know, at the time it was, oh, too many trucks and traffic and dust. Page 216 April 11, 2023 But I've been out to the site, and there's some very large pieces that are going to be crushed very, very slowly when they get to those. And I -- you know, the proposal I had made is -- and it's not optimum. A year ago we wouldn't have said that, but we're sitting here a couple weeks away from 1 May, and we knew this was coming. �v So -- and I think Commissioner Kowal sort of echoed ti as well, you know. I mean, I think the citizens in this are Ao ld put up with the fleet of trucks for however long to be re larger pieces that would take a long time to crush while t crushing the things that are easier to crush. I mean, even cl, ractor said, well, we got some pieces that are loaded with rebar al kinds of other things. You can't crush those as quickly some of the other pieces. So, I mean, I don't want to ovepiq is thing, but I just sit here and say, I'd like to just see m;beWlre , ' ity there. I mean, hearing that they're halfway through, and esitting here a year ago and -- you know, and now the ly half. I just think the time has come to set aside inconv and accelerate speed. And, you know, my osal would be -- I mean, I'm just talking out loud, es ecially since this is in my district. I would love for our staff to that conversation with the contractor, if I had the support of th c . ssioners here, to tell us how that could be done. And I real' e i of optimum. If the landowner was here, they'd hem and h d say, oh, we've got an extra piece of equipment, you kno give us another few months, I mean -- I just -- I just t . e at the point now where, you know, realistically hauling ou big pieces and either bringing it to the dump or if it can be utilized in an artificial reef or somebody wanted to take it or what have you, but to crush every remaining piece of rock that's on there, we're going to be sitting here in September, October and counting up the last little bits. And I think we've passed that point of no return. Page 217 April 11, 2023 So the bite out of the apple I would take is is it feasible for the staff to talk with the contractor if we had support here from the commissioners to say, you know, our direction is we'd like to know a plan to remove uncrushed rock as quickly as you're simultaneously crushing the easy stuff. Their own word was some of it's easier crush than other pieces. So remove the parts that are hard a , you know, difficult to crush, and crush the things that are e and then you're increasing your -- you know, your work -- y productivity Y b a factor of two. —� So that's just me talking out loud. I don't kn 've got comments from my colleagues here. But I'm t Nnf not pleased with, you know, 2,000 cubic yards every singl w ek, and then something breaks. And that's the other t g we have to also allow for. You know, I mean, you can cogn ere in two weeks and it's like, oh, two things broke again-. ou know, we have to fly in parts from Switzerland. And, you know, we said We knew that was always going to be a little bit, y -- probably wasn't going to be precise. But I think hears we're only halfway, I'd like to just see some of that material, you know, removed. And if they need to do something else magical to increase the elevation of that -- of that lot, I'd just like t ow what the options are. So m be I'm not being as directive. I guess what I'd like to know is a s gy plan that would implement that as a possible option. 3yCOOK: So staff did look into the cost of if they were to stop af this point and not do any additional crushing and remove everything and haul it to the landfill. CHAIRMAN LoCASTRO: Well, but that's not -- but that's not what I'm saying. MS. COOK: I believe the cost would come out somewhere Page 218 April 11, 2023 between, like, 8- and 13 million. CHAIRMAN LoCASTRO: Yeah, but that's not what I'm saying. I wouldn't want them to stop anything. What I'm saying is, even if removing the -- whatever, you know, 20 percent of the largest piece is, if that scraped off a month of crushing -- because, I mea by their own admission, there's some pieces that -- the reason the �+ numbers are low is there's some pieces that are very difficult # crush. So why wouldn't we remove those? 0 But I don't think anybody up here is going to appro& stoppage. So if we do nothing right now, on 1 May you kno lit the vote's going to be: Keep going. We already stopp t once. But, you know, my suggestion is, why don't we re v the most -- the more difficult pieces while they continue shing? If that was happening, I'd feel �et t extending the time frame. Number one, you'd have tZpe ean, it's not going to be a solution to crush it and leave it o as an eyesore. So we've got to keep going. But at least w Id know they were burning the candle at both ends. MS. COOK: And s is happy to sit down with the contractor and figure out a ga e plan moving forward. CHAIRM oCASTRO: They wouldn't be removing all the material, so i ul 't be 8 million. It would be keep crushing with the stuff y u h . But what -- what algorithm could you use and how much ou think that that would shave off of the time? at do my colleagues think? Anybody pushing a button h�< COMMISSIONER KOWAL: I kind of agree. We need a contingency plan. And every time you have an operation, at some point you have to have a contingency plan to get to an end result. So -- and as we said in the past, they set that date; we didn't. And I don't know -- I think history's correct; we didn't really stop Page 219 April 11, 2023 them. They let their permit expire, and I think that put a stop prior to me being here, but -- MS. COOK: Yes. COMMISSIONER KOWAL: -- they had the opportunity to come back. And that's when they set their May 1 st date. So, yeah, I wouldn't have a problem if staff wants to sit have a contingency plan, you know, with an operation of -- 1 operation of crushing and removal of things they feel th t�r going to be, you know, harder to do. They may even brea n their equipment because of the extra building material t y be in there, hidden in there that they're not finding with t e ' iers. So, yes. CHAIRMAN LoCASTRO: I mean, buss e s as usual isn't the answer. I mean, so I guess even keeping' wi e open. Bring us back a contingency plan for somefti t just keep at it and try hard and, you know, bring two m o ers out there. I think they made it very clear they feel they h v e maximum amount of equipment out there that their any can bring out there. So if that's not true, contingency plan should be, hey, they just found five crush in South Dakota; they're bringing them here, and they're going to be done in June. Okay, great. But I actually think t probably the best verbiage is I would love to hear a contingent n r something that's going to accelerate finality on that lot an re , cost, that's -- that's their problem. Com ner McDaniel. ISSIONER McDANIEL: Well, I agree with you again. It' -- y AIRMAN LoCASTRO: Terri, you got that? COMMISSIONER McDANIEL: Terri wrote that down. I'd like to -- you know, as you said, the May 1 st date was a date that they picked, but I'd like to see -- I'd like to see from -- have our staff come back to us, having met with the contractor, to offer us Page 220 April 11, 2023 alternatives. And I think -- and we still have time in our next meeting to actually have that discussion. CHAIRMAN LoCASTRO: What I would offer, too, is to Commissioner McDaniel's point, we have time in the next meeting, but between the next meeting -- from today and the next meetin , would at least like you to have dialogue with me, since it's in district, so that I could sort of vet out and make sure that I when we come back at the next meeting, I'm not hearin i®r the first time, because if I don't like what I hear, and I thi now my colleagues well enough to go, oh, that's not going t, they didn't sharpen their pencil enough, we have a windo th , so that at our next meeting we at least have something that - a d ny of the commissioners could task you, obviously s. ook, and, say, you know, come to my office. But I'd like you to meet with oner than later, and I don't want to be -- I don't want to hear t rprise answer two weeks from now. And even if it's just an back and forth: We met with the contractor. They're bri t one more piece of equipment, but they also are -- here's the tingency plan for removal or something magical that we haven'Vhought of. I would just like that sometime -- eve all of us -- between now and the next meeting so the next m A*'sr lly fruitful and that, you know, we're not, like I said, heathe first time. Does that soundCOMNER HALL: I'm in. LoCASTRO: Okay. BOOK: Absolutely. I will call the contractor when I lea ere and get something scheduled. CHAIRMAN LoCASTRO: Okay. I mean, we always knew May 1 st was loose, but I don't think anybody sat up here thinking, well, we know it's not May 1 st. It could be November 1 st. Maybe that's what they thought, but none of us were thinking that. And Page 221 April 11, 2023 it's -- it's got to be, you know, much tighter. We're not going to roll into season again, you know, now that we're sort of rolling into off season, and we still have activity out there. So it's -- got to knock it out, so, okay -- MS. COOK: Sure. CHAIRMAN LoCASTRO: Thanks. �v MS. COOK: Thank you. CHAIRMAN LoCASTRO: What's next, Ms. Pattrolo . COMMISSIONER KOWAL: We're to staff Comm-gnications at this point. CHAIRMAN LoCASTRO: Okay. MS. PATTERSON: So we'll start here. id speak with each one of you about Public Utilities an e unusual circumstance we find ourselves in with the increa§es ' eir commodities, chemicals. So we wanted to advi oth individually and collectively, that we're working w r rate consultant for options on how to address that. nn There is an already- ibv� and scheduled increase for 10/1 of 4.7 percent. It includes a 'x of CPI as well as a rate adjustment. Some ideas that have been rought forward by our rate consultant would be to acc ate that to an earlier date as well as evaluate any additional CP t at eds to be included. We a e in ate study, so I want to provide assurance that we're movin tha study along, and any interim adjustments that are mad eantime would be considered when we go and present t So it's not a -- it's not a layering. It would just simply be t- ing issue. So with your concurrence, we will be working to bring back some options for the Board to consider. There are notice provisions that have to be met by way of the utility bills, so that's another consideration for timing. Page 222 April 11, 2023 else. I don't know if you had anything else to add, Dan? MR. RODRIGUEZ: I think we covered it all. MS. PATTERSON: Okay. Other than that, we have nothing County Attorney? MR. KLATZKOW: Nothing. Thank you. �► CHAIRMAN LoCASTRO: Okay. Commissioner H� COMMISSIONER HALL: I just want to thank yank everybody, thank all the colleagues for the discussio I appreciated it. Never going to hurt my feelings eyed j?er. ys speak your mind. CHAIRMAN LoCASTRO: Commissi I r Daniel. COMMISSIONER McDANIEL: Y I have a couple of things. I'll go -- I want to have a little ion and ask our County Attorney about the -- it was brought 6pth regard to the Bert Harris claims that have been coming -- h t m ve been coming at us, about our policy, how we manage t aims. And it was suggested by one of the counsel that sae* s earlier that maybe we engage with an outside counsel to help resent us when these claims come forward. 4+4 MR. KL&OR W: And we have outside counsel to do that. COMM; McDANIEL: We do? MR. KOW: Yes, we do. COMVNSIONER McDANIEL: Okay. How did we get to your egotiating an offer to settle a Bert Harris Claim two w ? R. KLATZKOW: The statute requires it. The statute -- what happens is you get a notice of claim, and as part of that, you're supposed to sit down with them, eventually make an offer. That will be the Board that makes the offer, not me. Staff and I will have a recommendation for you. But, ultimately, it's the Page 223 April 11, 2023 Board. And that could be that they can pound sand. I mean, it's whatever the Board wants to do. But we're simply following the statutory mechanism. One little thing I added was to get a mediator in there because it greatly enhances the chance of actually getting something done, and we will -- we have invited community to attend the mediation as well, and hopefully so g can get done. COMMISSIONER McDANIEL: Okay. Well, I tl�s maybe I'm looking for a little more clarity as far as your offs .ng involved sooner. And, again, that Naples Links is disturbing to me, because it seemed like there was a lot o u ication from our Zoning and Planning staff to the developer r o he property owner who made the claim for quite som e efore it actually got to the Board and to our senior staff is - MR. KLATZKOW: I work, staff on that. So you know that that offer was a collaboration e een my office and Mr. Bosi's office, and we brought it to th o d, and the Board took action. COMMISSIONER EL: Okay. MR. KLATZKOW: ;S ain, that's just the process, sir. COMMISSIONER McDANIEL: Okay. Would it behoove us to maybe clarify, process so that -- so that the Board's involved sooner than a oti ed settlement? MR. KOW: I can't call it a shade session on that because th o suit that's been filed, all right? But if you'd like, I can - ring it up to Claims. I mean, I do give the Board a q eport of all the outstanding claims and am happy to talk ab t em publicly. COMMISSIONER McDANIEL: Yeah. I think maybe we should do that. I don't know. I mean, how do my colleagues feel about this? I say, "I don't know." I just -- I -- other than -- other than the report that comes out on the quarterly basis -- Page 224 April 11, 2023 MR. KLATZKOW: I would prefer to talk off-line on this rather than publicly. COMMISSIONER McDANIEL: Okay. COMMISSIONER SAUNDERS: That's what I was going to suggest. It's best to do it one on one. I\rt4, COMMISSIONER McDANIEL: Okay. All right. The other item that I'd like to talk -- I have two other 04' that I'd like to talk about, one of which is we've been asked - 0 been asked -- Trinity Scott sent me a draft of a letter of su We all know about the Governor's legislation with regard ving Florida Forward. There was a large sum of money t w coming into the -- coming out of the -- this legislative sessi , and it's being, for lack of a better term, it's being whacked. As'being hit really, really hard. 0 ;V I would like for -- and in Col ' A nty, the improvements to our infrastructure are gone. An ould like for our board to send a letter of support for the 'ng Florida Forward initiative as it was originally proposed. And so, Ms. Scott, I ink I've -- I think Christina has left me for the day. Would y u seed that draft letter of support to my colleagues? I'd happy to sign that letter, but I think it might carry a little more i ht our chair signed that. And I'd like you gentlemen o r w that in advance. And can we get that done outside of al meeting? Because it needs to happen fairly quickly. OMMISSIONER SAUNDERS: We can just authorize you to si etter or distribute it, and we don't have to have another meeting on it. COMMISSIONER McDANIEL: Okay. So if you would, Trinity, send that -- okay. I'm getting a thumbs up. So we'll do that. And if it meets with your approval -- we can reply back to Trinity. Page 225 April 11, 2023 And if it meets with everyone's approval, then the Chairman can sign it, so... And then last, but not least, and I forgot -- didn't forget. We ran out of time yesterday, Amy. There's a discussion with the city on the interlocals. MS. PATTERSON: Yes. COMMISSIONER McDANIEL: Can we have a -- do u have a quick update on that? O MS. PATTERSON: Sure. Actually, I'm goin �jraA at Mr. Rodriguez for that. MR. RODRIGUEZ: Good late afterno Commissioners, in speaking, or actually e a i g, with the city manager -- Jay with the City of Naples, t 1 n to come back to the county with a recommendation in eirl a They're using April to kind of put their recommendation and get it to their council people. So we should see someth here early May. COMMISSIONER McD L: Okay. That's all I have. CHAIRMAN LoCA^ Commissioner Kowal. COMMISSIONER AL: I just want to say that we had another very -- a telling meeting, and I think we all tested our constitutional v�s up here today, and I think we -- we did a great job o;C4HA ce agai . LoCASTRO: Commissioner Saunders. IONER SAUNDERS: Thank you. e one project that I want to update the Board on real quickythen ask staff for some further direction. In the one -cent sales tax, there was $15 million allocated for a vocational education facility. This was a facility that the county would build and the school district would operate. And I know there's been ongoing conversations between the county staff and school board staff. Page 226 April 11, 2023 But I wanted the Board -- the Board may not be aware of this. I had a friend, actually, who donated a building on Golden Gate Parkway. And you're probably familiar with it. It's a white building. It's empty. If you drive down Golden Gate Park as you approach 951 on the south side of Golden Gate Park, there's a w building there, two-story building. �+ COMMISSIONER McDANIEL: It's the one in front e golf course. O COMMISSIONER SAUNDERS: Yes. S; COMMISSIONER KOWAL: Jimmy Mags W atever it was? COMMISSIONER SAUNDERS: Yeah. 1, was purchased -- it was -- the exterior was reconstructed. It dirt floors, so the owner never was able to really make any ejo i se of it and needed some tax deductions and, quite fr ed me if the county would be interested in accepting it, and urse, the answer was yes, and we did. What makes that piplroperty and that building valuable is that there is a court -order ight for the owner of that building to use 200 parking spaces in that parking lot. So the building has not only the building an plot of land that it's on, but the right to use 200 parking spac . So th sc 1 board has evaluated that property and determined that this w ork well for this vocational educational facility. The o s is we have $15 million in the budget for that. This re f the building will cost about $5 million. There may be so argeback to this one -cent sales tax for the value of the land. But I just wanted to see if staff could -- I know you're talking to the school board. Maybe at our next meeting or meeting in May -- there's no hurry. Give you a few extra weeks -- our meeting in May to just kind of let us know how that project -- what we can do Page 227 April 11, 2023 to move it along. I know that the school folks, I think, are excited about this vocational facility, and I think it's a great location for it. There's a tremendous working community there, and this should provide some real benefit, so -- MS. PATTERSON: We -- COMMISSIONER SAUNDERS: -- I wanted the Boaoo know that we had that piece of property and that opport 't there. MS. PATTERSON: We'd been working well o issue with the school board and staff, and then with the Chan superintendent, had to make sure -- and the c o e school board -- we had to make sure that everybody s ti heading in the same direction, which it appears that we The intent is to have this to the.S mmittee in June, so coming back to you all with an up��t'�, ay will be timely, and we'll have some information to shoe But is -- it's exciting for ' located there. They're just down the road in leased s�+e , sib we're working through that. And it does give the opportunity for potentially some growth on that site, as we have a gove mept site there. So they're not -- you know, the size of that buil works well for them and also just thinking about what the futu ig hold as it fits into that as well. So we'll come back with an u te. COM IONER SAUNDERS : Thank you. ICLL�ou, Mr. Chairman. vkIRMAN LoCASTRO: Okay. If you -all remember, a few meetings ago, a couple meetings ago, the properties -- Conservation Collier properties, remember, List 10A, List 11, List 11A, what's the appraisal, what's the -- where are they? What did we buy? We're sitting on our hands. We've done nothing. I tasked the staff to come up with basically a -- basically a multipage -- one -page sort of Page 228 April 11, 2023 snapshot for us. And I've got the draft here. You'll get the final one. But this is going to be very valuable to just have in your hip pocket. And what it shows is List 10, List 11A, List 11B, all the properties by name, where they are, the acreage size, the -- and we made a couple changes. The new one you'll see will have the appraised value, what we offered. So you could say, appraise 86,000, offered 86,000. No extenuating circumstances. You might see a couple appraised for 1.2 million, r d 800,000. Took it because it was one of those extenu circumstances. And then the last column says, appraisal ,conversation with owner, closed, bought. And so it will be o e ing that we have so we won't sort of catch those rock more from folks, or if you get a question about a particulars 1 have the document. So it needed a little bit -- a lit, f tweaking, and the staffs working on it, but it will be somet n that will come to all of us, and it will be a living, breathing d nt, and we'll basically pick them off. List -- Cycle 10 has got most of the things already picked off, and then the other nes, you know, we're getting deeper into it. But it will be a -- yo ow, we talked about, you know, how can we have a one-p sna shot. For iguez, just -- let's just remember the two gentlemen that came t podium talking about the marina parking. I saw thos s, and I think maybe you might have as well. I mean, wo figure out a better place for those contractors to park. Y ow, that's not their own personal parking lot. They do get there at oh dark thirty, and then our customers get there, and there's no place to park. And secondary to that, and it's more in my district but, really, you know, everything in the county is all of our, you know, Page 229 April 11, 2023 responsibility. The marina concessionaires, I mean, we're -- if you -all recall, we had some conversations -- and it's been a while ago. It might even predate Commissioner Kowal and Commissioner Hall. But we have some marina concessionaire contracts that were very lopsided. They weren't good business deals. And not that ey have to be cash cows for the county or cash cows for the concessionaire, but it should be something more fair, in the l e. And we had some that were big cash cows for the conce Qaire. And what we said was as those contracts come renewal, we'll be renegotiating, and if that concessionaire d* ou know, want to renegotiate, then we would put it out n get plenty of others. We have a couple of concessionaire tSat Took like we won't retain the current concessionaire. 4n 've said to -- and it's in my district. We're talking Goodl of the Islands, and really talking Caxambas but we're not be a e the Caxambas marine store is totally destroyed so it's em a d Caxambas is only partially open, but it will eventua xambas. So it's more on my side. But just in case you anything, my conversations with the 'Z* staff is similar to the firms departments: No loss in service. So if we lose a concessio ' e and we don't get a new one, the staff has a plan to utilize cou y sta to at least continue selling gas, water, you know, nec ssit You know, we might not be selling every single thing in the ine store, but also to minimize the gap between the old c naire, if they choose to not renegotiate the contract, and between the parking and the concessionaire, I just wanted to sort of put on the record -- I mean, Mr. Rodriguez, anything that I misspoke or -- you know, you guys have it? MR. RODRIGUEZ: We do, and you're absolutely correct. And as a matter of fact, we do have some good news. We have two Page 230 April 11, 2023 respondents for our concessionaire that staff s going to look at here over the next week and evaluate them and see if we can come up to an agreement managing those different -- CHAIRMAN LoCASTRO: Let's just not really drag our feet on it. And I know we're not. But I have -- you know, I have citizens in those areas that the concessionaire that's exiting is K, ;,� course, seems like, you know, she's exiting telling everyone's 1 May you won't -- you know, all the stores will be clos�c�ia and gas will be shut down, and, you know, you guys "' screwed because the county isn't negotiating with_ A�Z not true. So I appreciate all the hard work by our team and yourself as well. MR. RODRIGUEZ: transition plan -- Tanya arld (Simultaneous crosstalk.) MR. RODRIGUEZ: -- s stated, water, and whatn on d empty, d that's just d Recreation ey actually have a ,W111 be providing the fuel, as you e services will continue. CHAIRMAN LoCA O: Okay. And then you might remember, we voted in here a few meetings ago, too, on the Tigertail project. It was eaway Beach/Tigertail. We voted to augment the millions t Hi away Beach is spending to take some money out of the 'ZD nds. It was about 900,000. Mr. R uez, myself, and a few other people from the county staff t went out to the site for several hours. And maybe c some folks that maybe were against it no matter what, but if 3N�ent out there and really knew very little to nothing about restoration, hurricane damage, water becoming more shallow and less flow, and you know what they call the Tigertail mud puddle, you literally could know very little and quickly, just visually, you would see that the money is well spent. Page 231 April 11, 2023 I mean, we were both flabbergasted at the improvement out there. And it won't please everyone. You know, I mean, we've gotten some notes, you know, what about this one bird? And somebody saw a manatee. But something needed to be done out there. It was way long overdue. And we were out there with co city manager as well, Mr. McNees, and a couple people from staff, even though this is really more of county's involveme the state and Hideaway. But I think, you know, we were b Offy impressed. So I thought I would tell you, it was money ent. They're not done. So there's stuff on social media. e ooks horrible. The turtles aren't going to be able to get up on e each, and they're about to finish. They're not. The projec oes through May. So there's still much to be done. But y�o ave been impressed, as we were. And then, lastly, I'll just say as another very busy meeting, and sometimes these two peo u know, go unnoticed, but Ms. Lewis and Mr. Miller, y , I mean, keeping everybody -- I mean, I don't know -- by hloric something, something, something. I don't know if you've got a shortcut key for that. It was said about 10,000 times, right? So it's p bl)Ofnisspelled in the final minutes, but they'll know what it is, r y ' 1 have to correct it, right? But I j anted to say on behalf of all of us, it's -- people are talki 0-something, you know, speakers, and thank you so o"y, you know, your patience and how hard that you work over 0§0ort of behind the scenes, keeping things, you know, flowing. So thank you. COMMISSIONER McDANIEL: What are we doing with regard to the parking infraction there at Bayshore? CHAIRMAN LoCASTRO: Bayview? Page 232 April 11, 2023 MR. RODRIGUEZ: You mean Bayview? COMMISSIONER McDANIEL: Bayview, yes. MR. RODRIGUEZ: I got an update from Tanya, and she and Olema, they're reaching out to the contractor who's doing some hurricane recovery work, and they're going to, more than likely, k somewhere else down the road, and then they'll shuttle peopl they don't take up the residents' parking spaces. CHAIRMAN LoCASTRO: And they're close to be(a -- are they close to being done? I mean, the hurricane recovery.guys, what's the timeline; do we know? MR. RODRIGUEZ: It's a water project MS. WILLIAMS: Good evening, Co .ss o ers. For the record, Tanya Williams, interim Public S ices Department head. I just got a last-minute commupic ' The contractor that was in question, it's neither a county cftt&.c r nor a state contractor. This is a private contractor. We'v.jpst found this out. So we'll need to circle back around to ue starting tomorrow. We'll also have Olema reach out owner of the contracting firm, and we'll work through this and get some possible solutions for parking issues. COMMIS ER McDANIEL: We were -- we were, at one ' time, workin th e Botanical Gardens on extending parking up along Tho as Bayview, down through there. How's that coming along? DRIGUEZ: The Thomasson project and down through Ll -- Danford is currently still in design, if I'm not mistaken. S. PATTERSON: But the Thomasson project is largely te. And, in fact, we were looking at -- over the weekend looking at where people are still parking a little bit outside of where we've created additional parking. So parking continues to be a challenge. Page 233 April 11, 2023 Mr. Finn and I were actually talking about what our options are going forward down in this area to continue to try to provide that service to the residents and getting them adequate boat parking. COMMISSIONER McDANIEL: Okay. CHAIRMAN LoCASTRO: So that's not an employee par lot for people that are working on the water, even though I no y need parking. So we want to help them, not just tell them -cQ know, go away. And if you remember, too, the other thing that o144 the citizens here said is -- and we need to look into it - boats that are sort of coming in and out with no permits,Yo bpggianto pontoon boat at Bayview but then he also was 1 di g to, like, we have places like Goodland and maybe in tofiLo the Islands that, you know -- and, I mean, we both spend.a e out there, and I think the problem was maybe a lit, stated, but I don't think it's zero. But I also took exceptio 're not doing anything. Well -- so, I mean, if we gers out there that are just letting everybody drive by, whic as the accusation, nobody accepts that, which I don't think that'* the case, but it could be something sort of in the middle. But the9*g'e�savesty would be the parks filled up with a bunch of oith no permits, and then the people who paid and are doin i t and get their 10 minutes -- so it's not first come, first serve first come, first served by authorized folks. So you at would take this and give -- you know, give us an up te, even if it's just through email. Hey, we fixed it. We didn't fix it. The problem wasn't a bad problem. The problem was bad. I mean, I know me personally, I'd like to know the solution so when citizens ask me, hey, you know, I know you heard about this problem. I don't want to just say we're aware and, yes, we're Page 234 April 11, 2023 handling it. I want to be able to say what the solution was, so -- but other than that, so -- MS. WILLIAMS: Absolutely. COMMISSIONER KOWAL: Is it possible that we can use Del's corner as a temporary parking area for the contractors, an Nei they can provide some sort of shuttle for their workers down docks to be picked up? Because we -- you know -- MS. WILLIAMS: (Nods head.) COMMISSIONER KOWAL: Either they're goito park on our county property in the parks, or we can provid Nqperty. Because if we o stick them in a private busi ffi lot or g p g something or tell them to use Gulf Gate Plaza, e're kind of taking away spots from private business. So if that could be an option, we ith these contractors, say, hey, we have county property corner. You can temporarily use that. But you ha provide a shuttle to and from for your workers. And that e up our actual county parking for our vendors and our peck at have permits to use those parks. MS. WILLIAMS: T** you, Commissioner. That's a great idea. And I'll get with fJlema, and we'll work with the contractor. COMMISS ER KOWAL: Thank you. CHAIR CASTRO: Okay. Any other? (No r s o .) CHA N LoCASTRO: Okay, great. Adjourned. ""Commissioner * *Commissioner Saunders moved, seconded by Commissioner McDaniel and Commissioner Kowal, and carried that the following items under the consent and summary agendas be approved and/or adopted**** Page 235 April 11, 2023 Item # 16A 1 FINAL ACCEPTANCE AND ACCEPT THE CONVEYANCE OF THE POTABLE WATER UTILITY FACILITIES FOR THE NAGAKRIS PROFESSIONAL BUILDING, PL2018000304j,�W AUTHORIZE THE COUNTY MANAGER, OR DESIGNE�T�r) RELEASE THE UTILITIES PERFORMANCE SECU _ (UPS) AND FINAL OBLIGATION BOND IN THE TOTA OUNT OF $4,862.97 TO THE PROJECT ENGINEER O DEVELOPER'S DESIGNATED AGENT— SPECTION BY STAFF FOUND THESE FACILITIES T SATISFACTORY AND ACCEPTABLE,UiN AEBRUARY 27, 2023 Item #16A2 N4�* FINAL ACCEPTANCE OF OTABLE WATER AND SEWER FACILITIES FO� A LAKES, PL20200002457, ACCEPT THE CONVEYANCE OF A PORTION OF THE POTABLE WATER A�1D SEWER FACILITIES AND APPURTENAN,kTILITY EASEMENT, AND AUTHORIZE THE COUN W , 2NAGER, OR DESIGNEE, TO RELEASE THE UTI X- 3PERFORMANCE SECURITY (UPS) AND FINAL OATION BOND IN THE TOTAL AMOUNT OF 5, O THE PROJECT ENGINEER OR THE D PER' S DESIGNATED AGENT — A FINAL I CTION BY STAFF FOUND THESE FACILITIES TO BE ATISFACTORY AND ACCEPTABLE ON MARCH 2, 2023 Item # 16A3 Page 236 April 11, 2023 FINAL ACCEPTANCE OF THE SEWER UTILITY FACILITIES AND ACCEPT THE CONVEYANCE OF THE SEWER FACILITIES FOR TERRENO AT VALENCIA GOLF AND COUNTRY CLUB PHASE IA-2 (SEWER ONLY), PL20220006264 — A FINAL INSPECTION BY STAFF FOUND THESE FACILITIES TO BE SATISFACTORY AND AC EPTABL FEBRUARY 8, 2023 Item #16A4 �v RESOLUTION 2023-59: A RESOLUTION AL ACCEPTANCE OF THE PRIVATE ROAD A D DRAINAGE IMPROVEMENTS FOR F AL PLAT OF VALENCIA LAKES -PHASE 6-A, TION NUMBER AR-5383 AND PL20110001980, AN THORIZE THE RELEASE OF THE MAINTENAN SECURITY IN THE AMOUNT OF $76,104 Item # 16A5 I RECORDING T4 MINOR FINAL PLAT OF BROADVIEW ESTATES, A P ICATION NUMBER PL20210003212 — LOCATEQ,A7%JECTION 20, TOWNSHIP 51 SOUTH, RANGE 27 EAST RECORDING THE FINAL PLAT OF HACIENDA BOULEVARD PHASE ONE, APPLICATION NUMBER PL20220001391, Page 237 April 11, 2023 APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT, AND APPROVAL OF THE PERFORMANCE SECURITY IN THE AMOUNT OF $193081086.70 - LOCATED IN SECTIONS 14 AND 23, TOWNSHIP 50 SOUTH. RANGE 26 EAST Item #16A7 O� � RECORDING THE FINAL PLAT OF LOGAN TO APPLICATION NUMBER PL20220001513, AP AL NOF THE STANDARD FORM CONSTRUCTIO.A MAINTENANCE AGREEMENT, AND APPW) VAL OF THE PERFORMANCE SECURITY IN THE OL�JNT OF $855,817.88 - LOCATED IN SECII OWNSHIP 48 SOUTH, RANGE 26 EAST k� Item #16A8 n`v `V AN EXTENSION FOR PLETION OF REQUIRED SUBDIVISION IMPR�VYMENTS ASSOCIATED WITH MONTIANO Q�kO140002750) SUBDIVISION PURSUANT TO SECTIOYTb.0'3PO5 C.2 OF THE COLLIER COUNTY LAND D DEADL 2025, ACCE Al Item ;_PMENT CODE (LDC) - EXTENDING THE PKOM SEPTEMBER 8, 2022, TO SEPTEMBER 8, ROVEMENT TO RECEIVE FINAL CE PRIOR THE FILING OF APPLICATIONS BY GM ADVISORS, LLC, FOR A GROWTH MANAGEMENT PLAN AMENDMENT AND A Page 238 April 11, 2023 REZONING ON A COUNTY -OWNED PARCEL ON IMMOKALEE ROAD THAT IS SUBJECT TO A BOARD - APPROVED LAND SWAP AGREEMENT —FOLIO #37742880001 AND FOLIO #37743960001 Item #16A10 SECOND AMENDMENT TO DEVELOPER AGRVqWNT WITH GM ADVISORS, LLC, FOR A LAND SWAP O OKALEE ROAD IN ORDER TO EXTEND THE CON T ON SCHEDULE — NEW IMPROVEMENTS MU COMPLETED BY AUGUST 28, 2024 A �v Item # 16A 11 SELECTION COMMITTEE' KING RELATED TO REQUEST FOR PROFES!y L SERVICES ("RPS") NO. 23- 8057, "DESIGN SERVICES FOR GOODLETTE-FRANK ROAD/NAPLES ZOO STORM TER OUTFALL," AND AUTHORIZE SIFF TO BEGIN CONTRACT NEGOTIATIONS WITH THE -RANKED FIRM, WGI, INC., SO THAT A PROPOSED AXREEMENT CAN BE BROUGHT BACK FOR THE BOARD'S\PMSIDERATION AT A FUTURE MEETING I 12 AWARD REQUEST FOR QUOTE ("RFQ") NO. 2022-0129 "COLLIER AREA TRANSIT ADA BUS STOP SITE IMPROVEMENTS," UTILIZING AGREEMENT NO. 19-76461 TO CAPITAL CONTRACTORS, LLC, IN THE AMOUNT OF Page 239 April 11, 2023 $409,382.80, AND AUTHORIZE STAFF TO ISSUE A PURCHASE ORDER FOR THE TOTAL AMOUNT Item # 16A 13 BUDGET AMENDMENTS TO REALLOCATE FUNDS W THE TRANSPORTATION MANAGEMENT SERVICES DEPARTMENT STORMWATER BOND FUND 327 TOTAL AMOUNT OF $522.900 Item # 16A 14 CHANGE ORDER NO. 2 TO AGREEMP*T O. 20-7735, DESIGN -BUILD WHIPPOORWILL, D MARBELLA LAKES DRIVE C ION TO QUALITY ENTERPRISES USA, INC., AD NINETY-FIVE (95) DAYS TO THE CONSTRUC,CONTRACT (COUNTY PROJECT NUMBER 69&KfI"HE NEW FINAL COMPLETION DATE AS AUGUST 28. M23 Item #16A15 AWARDRUCTION INVITATION TO BID (ITB) NO. 23-80 REELINE DRIVE & LOGAN BLVD. NORTH OF IMNJQ MLEE RD. INTERSECTION IMPROVEMENTS," P I!�T 60245 TO THOMAS MARINE CONSTRUCTION, I THE AMOUNT OF $1,249,275.10, AUTHORIZE TFYHNETH NECESSARY BUDGET AMENDMENT AND THE CHAIRMAN TO SIGN THE ATTACHED AGREEMENT (JAY AHMAD, DIRECTOR TRANSPORTATION ENGINEERING) Page 240 April 11, 2023 Item # 16A 16 BUDGET AMENDMENT TO REALLOCATE TRANSPORTATION ENGINEERING DIVISION PROJECT FUNDS TO REALLOCATE NAPLES PRODUCTION PAR f MAINTENANCE RESERVE FUNDS TO FUND COMMO BLVD. AT DOMESTIC AVE. INTERSECTION IMPROVEMENTS — FOR THE CONSTRUCTION LANES ON ALL APPROACHES Item # 16A 17 CHANGE ORDER NO. 1 TO AG. DESIGN -BUILD VETERANS M� EXTENSION, PHASE I, WITH I NO. 20-7708, BOULEVARD ITY ENTERPRISES USA, INC., TO REVISE THE PLAI&N ACCORDANCE WITH COUNTY STAFF-REQ, CHANGES IN A TOTAL NOT TO EXCEED AMOUNT $7841998.50, ADD 35 ADDITIONAL DAYS, APPROVE THE N CESSARY BUDGET AMENDMENTS FOR THE DES BUILD COST SHARE WITH THE PUBLIC UTILITIES A MENT, AND AUTHORIZE THE CHAIRMAN SIGN THE ATTACHED CHANGE ORDER RESOLUTION 2023-60: THE CHAIRMAN TO EXECUTE LOCAL AGENCY PROGRAM (LAP) AGREEMENT 446252-1-58- 01, BETWEEN THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) AND COLLIER COUNTY, WHERE Page 241 April 11, 2023 FDOT WILL PROVIDE UP TO $456,500 IN FEDERAL FUNDING TO UPDATE COLLIER COUNTY' S SCHOOL FLASHER SYSTEM; EXECUTE A RESOLUTION MEMORIALIZING THE BOARD'S ACTION; AND AUTHORIZE ALL NECESSARY BUDGET AMENDMENTS Item # 16A 19 O� RESOLUTION 2023-61: A RESOLUTION AUTHOAING THE PURCHASE OF 5.15 ACRES OF UNIMPR FAD LAND (PARCEL 102FEE) NECESSARY FOR THE CONSTRUCTION OF ROADWAY, DRAIN ND UTILITY IMPROVEMENTS FOR THE DALL BOULEVARD/IMMOKALEE R0.�1 CT NO. 60147, AND TO APPROVE A PURCHA EEMENT IN THE AMOUNT OF $1,231,000 (ESTI D FISCAL IMPACT: $1,237,350 AND APPROVES ELLANEOUS TITLE POLICY, CLOSING AND RECO EES ESTIMATED NOT TO EXCEED $6,350. SOU OF FUNDS IS IMPACT FEES AND OR GAS TAXES.1 i Item # 16A20 THE AWA AND AUTHORIZE THE CHAIRMAN TO EXE RANT AGREEMENT NO. RTO15 BETWEEN COfW COUNTY BOARD OF COUNTY COMMISSIONERS FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR BIOLOGICAL DEBRIS REMOVAL ASSOCIATED WITH RED TIDE WITHIN COLLIER COUNTY AND ACCEPT GRANT FUNDING IN THE AMOUNT OF $446,000 (PROJECT NO. 3 3 851) Page 242 April 11, 2023 Item # 16A21 AFTER -THE -FACT APPROVAL FOR THE SUBMITTAL OF A WATERSHED PROTECTION PROGRAM GRANT APPLICATION TO THE UNITED STATES DEPARTMEN AGRICULTURE, NATURAL RESOURCES CONSERV SERVICE, IN THE ESTIMATED AMOUNT OF $913 &.40, WITH AN ESTIMATED LOCAL MATCH IN THE A_ UNT OF $2,809,795.00, AUTHORIZE THE COUNTY M XER OR DESIGNEE TO EXECUTE THE AWARD DMENTS, AND AUTHORIZE ANY NECESSARY BU T AMENDMENTS A Item # 16A22 A BUDGET AMENDMENT TO COVER COST INC AMENDMENT TO CO � LJ AMONT OF $319,808.52 AS A RESULT OF THE THIRD CT NO. 18-73 82 FOR COLLIER AREA TRANSIT CAT#) FIXED ROUTE, DEMAND RESPONSE, AND TRANSITAPERATIONS MANAGEMENT SERVICES WITH MV 'I RTATION, INC. BFFCOIom# UNTY COMMISSIONERS, ACTING AS THE CNITY REDEVELOPMENT AGENCY BOARD (CRA), E A PURCHASE AGREEMENT WITH CATHOLIC CHARITIES DIOCESE OF VENICE, INC., TO CONVEY 1.96 ACRES OF CRA OWNED PROPERTY IN THE IMMOKALEE COMMUNITY REDEVELOPMENT AREA. PURCHASE PRICE Page 243 April 11, 2023 IS $600,000 - Folio #00122840008 Item # 16C 1 THE BOARD 1) APPROVE THE SALE OF THE PROPERTY TO COLLIER COUNTY WATER -SEWER DISTRICT IN T � AMOUNT OF $370,050; 2) ACCEPT SUCH PROPERTY THE EX-OFFICIO GOVERNING BOARD OF CCWSD]D 3) AUTHORIZE ITS CHAIRMAN TO EXECUTE STATUTORY DEED AND ALL DOCUMENTS IRED TO TRANSFER THE PROPERTY FOR CO A 7.38 PARCEL OF LAND HELD BY THE GAC L RUST TO BE USED FOR THE NORTHEAST SE C AREA ("NESA") UTILITY PROJECTS PIZO (GAC LAND SALES FUND 605) �� Item #16C2 n�`v `V WAIVE LIQUIDATED AGES AGAINST FLORIDA DESIGN DRILLING CO ORATION PERTAINING TO THE CONSTRi�TION OF THE NEW TAMIAMI WELL 40 PROJECT R�iGREEMENT NO. 20-7808, APPROVE ALL PRE IO ADMINISTRATIVELY AUTHORIZED CHANGE RS, AND AUTHORIZE PAYMENT OF ANY PENDIN R FINAL PAYMENT APPLICATIONS SUBJECT TO THE CTRACTOR PROVIDING ALL REQUIRED BACKUP D ENTATIONS PREREQUISITE TO PROCESSING PA MENT Item # 16C3 Page 244 April 11, 2023 CHANGE ORDER NO. 3 PROVIDING FOR A 60-DAY TIME EXTENSION TO CONSTRUCTION AGREEMENT NO. 21-7912 WITH R2T, INC., FOR THE NCRQTP CHEMICAL BULK TANK REPLACEMENT PROJECT, AND AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED CHANGE ORDER ROJECT NO. 71066 Item # 16C4 0 AWARDING INVITATION TO BID ("ITB") N 80599 "39TH AVENUE NE - WATERWAY EXTENSION," TO COASTAL CONCRETE CTS, LLC, D/B/A COASTAL SITE DEVELOPMENT IN THE AMOUNT OF $299,966.00, AUTF�O SIGN THE ATTACHED AGREF#ML NECESSARY BUDGET Item # 16C5 LICENSE AGRE OR THE COL TO PLACE Ad COMM IC ISLAND 4E CHAIRMAN TO P; AND APPROVE THE T �y. fE#T WITH AMERICAN TOWERS, LLC, COUNTY WATER SEWER DISTRICT A ON A PRIVATELY -OWNED ONS TOWER AT THE BIG CORKSCREW STD RESCUE STATION ON IMMOKALEE ROAD AL ff AUTHORIZE THE CHAIR TO SIGN THE T Item # 16C6 CERTIFICATION OF FINANCIAL RESPONSIBILITY, AS REQUIRED BY THE FLORIDA DEPARTMENT OF Page 245 April 11, 2023 ENVIRONMENTAL PROTECTION, FOR THE RENEWAL OF AN OPERATING PERMIT FOR THE DEEP INJECTION WELL SYSTEM AT COLLIER COUNTY' S SOUTH COUNTY WATER RECLAMATION FACILITY AND AUTHORIZE THE CHAIR TO EXECUTE THE CERTIFICATION OF FINANCIAL ` RESPONSIBILITY FORM , 4i1dy Item # 16C7 PROPOSAL NO. 10788, UNDER AGRE BUILDING AUTOMATION ENERGY l SERVICES, FROM JUICE TECHNOLOGIE PLUG SMART, AND AUTHORIZE TH S PURCHASE ORDER IN THE AMQ $302,990.89 TO SON 0- 9-7592 REPLACE THE PROPRIETARY C., D/B/A STANCE OF A CONTROLS BMS WITH NEW NET RELIABLE CONTROLS AT THE COLLIER COUNT RIFF' S OFFICE SPECIAL 2iOPERATIONS BUILDI JECT NO. 52162 Item # 16C8 FIRST AME T TO AGREEMENT NO. 22-7992R, "PALM RIVER �L;LL TILITIES RENEWAL PROJECT AREAS 1 AND 2 HASKINS, INC., PERTAINING TO THE REP L ENT OF PUBLIC UTILITIES INFRASTRUCTURE IN PALM VER, AND AUTHORIZE THE CHAIRMAN TO SIGN THFAMENDMENT Item # 16C9 SECOND AMENDMENT TO AGREEMENT # 18-7279 IN THE Page 246 April 11, 2023 AMOUNT OF $88,463 AND APPROVE CHANGE ORDER NO. 3 FOR A TIME EXTENSION FOR AN ADDITIONAL 120 DAYS ASSOCIATED WITH ADDITIONAL DESIGN ENGINEERING SERVICES WITH Q. GRADY MINOR AND ASSOCIATES, P.A., FOR THE BIG CORKSCREW ISLAND REGIONAL PARK (BCIRP) PHASE II (PROJECT NO. 80039) .4 q+11 Item # 16C 10 CHANGE ORDER NO. 16 TO PARADISE CO COMPLEX PHASE 2.1 AND 2.2A, UN AMENDMENT TO AGREEMENT NO MANHATTAN CONSTRUCTION (FL PROVIDING FOR A TIME EXTEt6jk #5015 Item # 16C 11 ADMINISTRATIVE C GE ORDER NO. 6o �), INC., 45 DAYS (PROJECT PURCHASE ORDER V50'0217564 FOR AN ADDITIONAL $9,320 TO INVESTIG4AN ALTERNATIVE SITE UNDER AGREEME O. 0-7753 WITH SCHENKEL & SHULTZ, INC., FOR DESLG RVICES FOR NORTH NAPLES EMS STATION I ROJECT\;:' 55213.1 I A GRANT DONATION FROM THE NAPLES ON THE GULF CHAPTER OF THE DAUGHTERS OF THE AMERICAN REVOLUTION THROUGH REBECCA ANN SCHLUETER, CORRESPONDING SECRETARY IN THE AMOUNT OF $200 Page 247 April 11, 2023 AND AUTHORIZE THE NECESSARY BUDGET AMENDMENTS. LIBRARY ADMIN GRANT FUND (FUND 129 Item # 16D2 DONATION OF A STADIUM SOUND SYSTEM FROM GULF COAST NATIONAL LITTLE LEAGUE FOR USE 11�� CINDY MYSELS PARK. THIS DONATION WILL REJaCE THE EXISTING SOUND SYSTEM WITH A COMPARABLE MODERN SYSTEM Item # 16D3 A SECOND AMENDMENT TO EX 5785, "MANAGEMENT OF PE 4 WITH THE NAPLES TENNIS A OF ONE YEAR I Item # 16D4 REEMENT NO. 11- AY TENNIS CENTER," [Y, LLC, FOR A PERIOD THE CHAIRM TO SIGN TWO (2) MORTGAGE SATISFACT,�IS R THE STATE HOUSING INITIATIVES PARTNE OAN PROGRAM IN THE AMOUNT OF $231310 AE ASSOCIATED BUDGET AMENDMENT (SHITAT7hUTND791) It� 6D5 INITIAL ALLOCATION OF CITY/COUNTY ABATEMENT FUNDS FROM THE STATE OF FLORIDA OPIOID SETTLEMENT FUND IN THE AMOUNT OF $289,151.06 AND April 11, 2023 AUTHORIZE THE NECESSARY BUDGET AMENDMENT COLLIER COUNTY SENIORS FUND 123 Item # 16E 1 ADMINISTRATIVE REPORT PREPARED BY THE PROCUREMENT SERVICES DIVISION FOR DISPOSAL-4 A' PROPERTY THAT IS NO LONGER VIABLE AND THEN REMOVAL FROM THE COUNTY' S CAPITAL RECORDS AND NOTIFICATION OF REVENUE�NAS DETAILED IN THE EXECUTIEVE S Item # 16F 1 RESOLUTION 2023-62: A RE COLLIER COUNTY FROM GOVERNMENT FINANCE 0R�5' IF ON WITHDRAWING IDA LOCAL MISSION Item # 16F2 I EXPENDITA.S THE TOURISM DEVELOPMENT TAX PROMOTIOTO SUPPORT THE MARCH 2O23 SPORTS Tu0juNSM EVENT, TRILOGY LACROSSE, UP TO $12,000 AVhPMAKE A FINDING THAT THESE EXPEN7biAJRES PROMOTE TOURISM — THAT OCCURRED MARCH 12, 2023, THROUGH MARCH 31, 2023 Item # 16F3 BUDGET AMENDMENTS IN THE AMOUNT $721,760 TO PROVIDE ADDITIONAL FUNDING FOR MAINTENANCE AND Page 249 April 11, 2023 REPAIR OF THE COUNTY' S 800MHZ PUBLIC SAFETY RADIO COMMUNICATIONS SYSTEM AND FOR THE REPLACEMENT OF FIVE (5) FIXED TOWER SITE GENERATORS Item # 16F4 I\rt4, RESOLUTION 2023-63: A RESOLUTION APPROVIN04 AMENDMENTS (APPROPRIATING GRANTS, O DONATIONS, CONTRIBUTIONS, OR INSURAN PROCEEDS) TO THE FISCAL YEAR 2022-23 ED BUDGET. (THE BUDGET AMENDMENT ATTACHED RESOLUTION HAVE BEEN REVIEWED A A PROVED BY THE BOARD OF COUNTY COMMISS EXECUTIVE SUMMARIES) 0 on Item # 16F5 MODIFICATIONS TO' CLASSIFICATION PLY b1 S VIA SEPARATE FISCAL YEAR PAY & CH CONSIST OF NINE NEW CLASSIFICATIONS, FOUR CLASSIFICATION TITLE REVISIONS ANI.SIX RECLASSIFICATIONS MADE FROM JANUARY Item # 16H THROUGH MARCH 315 2023 R�YTION 2023-64: A RESOLUTION ESTABLISHING THE C AL STORM RISK MANAGEMENT FEASIBILITY ST Y AD HOC ADVISORY COMMITTEE, AND DIRECT STAFF TO ADVERTISE FOR MEMBERS IN THE SAME MANNER AS OTHER ADVISORY BOARDS Page 250 April 11, 2023 Item # 16H2 DIRECT STAFF TO PREPARE AN LDC AMENDMENT TO REPEAL LDC SECTION 5.05.15, CONVERSION OF GOLF COURSES Item # 1611 APRIL 11. 2023. MISCELLANEOUS CORRESPO Page 251 April 11, 2023 Item # 16J 1 TO RECORD IN THE MINUTES OF THE BOARD OF COUNTY COMMISSIONERS, THE CHECK NUMBER (OR OTHER PAYMENT METHOD), AMOUNT, PAYEE, AND PURPOSE R WHICH THE REFERENCED DISBURSEMENTS WERE D FOR THE PERIODS BETWEEN MARCH 16, 2023, AN CH 29.2023. PURSUANT TO FLORIDA STATUTE 136.06 Item #16J2 REQUEST THAT THE BOARD APPROVE �ETERMINE VALID PUBLIC PURPOSE FOR INVOI�SYABLE AND PURCHASING CARD TRANSA Item # 16K 1 RESOLUTION 2023-65: COLLIER COUNTY C TICEHURST TO REP*ESEN EXPIRING ON.NOVEMBER Item #16K��. Z�1 OF APRIL 5, 202 G A MEMBER TO THE CORPS. — APPOINTING ETHAN T THE RED CROSS W/TERM 5.2026 RESOkX.LMN 2023-66: REAPPOINTING TWO MEMBERS TO TbIf%RIST DEVELOPMENT COUNCIL —REAPPOINTING EEN BROCK AND CLARK HILL BOTH W/TERMS EXPIRING ON APRIL 21, 2027 Item # 16K3 Page 252 April 11, 2023 RESOLUTION 2023-67: APPOINTMENT OF FOUR MEMBERS TO THE PUBLIC ART COMMITTEE — APPOINTING NORA BEYRENT, LISA CATALDO-ABSHER, PAUL GOWER AND MARTHA "MUFFY "GILL W/TERMS EXPIRING ON APRIL 12, 2025 Item #16K4 ly 0 RESOLUTION 2023-68: REAPPOINTING A MEt'�22,2026 TO THE PUBLIC TRANSIT ADVISORY COMMITTEEOINTING PETER BERRY WITH TERM EXPIRINGA Item #16K5 RETENTION OF DEREK P. ROQIV'ESi1T0 SERVE AS MEDIATOR FOR A VOLUNTAI�Y MEDIATION RELATED TO A BERT HARRIS NOTICE AIM FILED PURSUANT TO FLORIDA STATUTES (A) BY LA MINNESOTA RIVIERA LLC, REGAR G THE RIVIERA GOLF COURSE I Item # 17A ORDINATJCE�(123-17: AN ORDINANCE OF THE BOARD OF COUNVNe�OMMISSIONERS OF COLLIER COUNTY, FLORIJ4,XMENDING ORDINANCE NO. 99-69, AS A ENDED, THE FOREST GLEN OF NAPLES PLANNED EVELOPMENT (PUD), BY ADDING WAREHOUSING AND FLEX SPACE USES INCLUDING SPECIALTY TRADE CONTRACTING, MINOR FABRICATION, AND MANUFACTURING AS PRINCIPAL USES IN ADDITION TO PREVIOUSLY PERMITTED Page 253 April 11, 2023 COMMERCIAL USES ON THE COMMERCIAL TRACT LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF COLLIER BOULEVARD AND BECK BOULEVARD, SUBJECT TO THE LIMITATION OF 1001000 SQUARE FEET FOR ALL USES ON THE COMMERCIAL TRACT. THE SUBJECT COMMERCIAL TRACT CONSISTING OF 9.6+/- ACRES IS PART OF THE 635+/A-4� ACRE PUD LOCATED IN SECTION 2, TOWNSHIP U SOUTH, RANGE 26 EAST, COLLIER COUNTY, F IDA (PL20200002302) Item # 17B ORDINANCE OF THE BOARD Or Y COMMISSIONERS OF COLLIER COUNTY, FLORI ENDING ORDINANCE NUMBER 04-41, AS AMENDE COLLIER COUNTY LAND DEVELOPMENT CO ,'NcND ZONING ATLAS, WHICH INCLUDES THE COMPREH SIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, TO CREATE THE COLLIER BOULEVARD/ ERSTATE 75 INNOVATION ZONE OVERLAY ( I ) ZONING DISTRICT AND ELIMINATE THE ACTIVI7%,,CENTER #9 OVERLAY ZONING DISTRICT, AND ESTAEMSH USES, BOUNDARIES, AND DESIGN STA RDS, BY PROVIDING FOR: SECTION ONE, R S, SECTION TWO, FINDINGS OF FACT; SECTION T , ADOPTION OF AMENDMENTS TO THE LAND DE ELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER ONE GENERAL PROVISIONS, INCLUDING SECTION 1.08.01 ABBREVIATIONS; CHAPTER TWO ZONING DISTRICTS AND USES, INCLUDING SECTION Page 254 April 11, 2023 2.03.07 OVERLAY ZONING DISTRICTS; CHAPTER FOUR SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SECTION 4.02.23 SAME - DEVELOPMENT IN THE ACTIVITY CENTER #9 ZONING DISTRICT; AND CHAPTER FIVE SUPPLEMENTAL STANDARDS, INCLUDING SECTION 5.05.08 ARCHITECTURAL AND SITE DESIGN STANDA SECTION FOUR, CONFLICT AND SEVERABILITY; SE I N FIVE, INCLUSION IN THE COLLIER COUNTY LA DEVELOPMENT CODE; AND SECTION SIX, EF IVE DATE [PL20200002400- I FIRST OF TWO HEA Page 255 April 11, 2023 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 5:30 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) 0f�� SPECIAL DISTRICTS UNDER IT$ ONTROL An RICK LoCASTRO, ATTEST CRYSTAL K. KINZEL, CLERK ��y" A These minutes app oved by the Board on , as presented or as corrected 2 TRANSC REPARED ON BEHALF OF FORT MYERS COURAU.0PORTING BY TERRI L. LEWIS, REGISTERED PVFESSIONAL COURT REPORTER, FPR-C, AND NOTARY PovC. Page 256