Agenda 5/23/2023 Item # 2B (BCC Minutes 3/28/2023 R)05/23/2023
2.B
COLLIER COUNTY
Board of County Commissioners
Item Number: 2.B
Doc ID: 25455
Item Summary: March 28, 2023, BCC Meeting Minutes
Meeting Date: 05/23/2023
Prepared by:
Title: Management Analyst II — County Manager's Office
Name: Geoffrey Willig
05/05/2023 9:54 AM
Submitted by:
Title: Deputy County Manager — County Manager's Office
Name: Amy Patterson
05/05/2023 9:54 AM
Approved By:
Review:
County Manager's Office Geoffrey Willig County Manager Review
Board of County Commissioners Geoffrey Willig Meeting Pending
Completed 05/05/2023 9:54 AM
05/23/2023 9:00 AM
Packet Pg. 12
March 28, 2023
TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, March 28, 2023
LET IT BE REMEMBERED, that the Board of County
Commissioners, in and for the County of r, and also acting as
the Board of Zoning Appeals and as board( s) of such
special districts as have been ere
conducted business herei
REGULAR SESS . vemment Complex,
East Naples, F members present:
Da owal
William L. McDaniel, Jr.
Burt L. Saunders (Telephonically)
ALSOPRESE
Amy Patterso ounty Manager
Daniel Rodriguez, Deputy County Manager
Jeffrey A. Klatzkow, County Attorney
Crystal K. Kinzel, Clerk of the Circuit Court & Comptroller
Troy Miller, Communications & Customer Relations
Page 1
COLLIER COUNTY
Board of County Commissioners
Community Redevelopment Agency Board (CRAB)
Airport Authority
AGENDA
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East, 3rd Floor
Naples, FL 34112
March 28, 2023
9:00 AM
Commissioner Rick Locastro, District 1; -Chair
Commissioner Chris Hall, District 2; -Vice Chair
Commissioner Burt Saunders, District 3
Commissioner Dan Kowal, District 4; -CRAB Co-Chair
Commissioner William L. McDaniel, Jr., District 5; -CRAB Co-Chair
NOTICE: ALL PERSONS WISHING TO SPEAK ON AGENDA ITEMS MUST
REGISTER PRIOR TO PRESENTATION OF THE AGENDA ITEM TO BE
ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE
MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN.
ADDITIONAL MINUTES MAY BE CEDED TO AN IN-PERSON SPEAKER BY
OTHER REGISTERED SPEAKERS WHO MUST BE PRESENT AT THE TIME
THE SPEAKER IS HEARD. NO PUBLIC SPEAKERS WILL BE HEARD FOR
PROCLAMATIONS, PRESENTATIONS AND PUBLIC PETITIONS.
SPEAKERS ON PRESENTATIONS ARE LIMITED TO 10 MINUTES, UNLESS
EXTENDED BY THE CHAIRMAN. ALL PERSONS WISHING TO SPEAK ON A
CONSENT ITEM MUST REGISTER PRIOR TO THE BOARD'S APPROVAL
OF THE DAY'S CONSENT AGENDA, WHICH IS HEARD AT THE
BEGINNING OF THE MEETING FOLLOWING THE PLEDGE OF
ALLEGIANCE.
Page 1
March 28, 2023
ANYONE WISHING TO ADDRESS THE BOARD ON PUBLIC PETITION
MUST SUBMIT THE REQUEST IN WRITING TO THE COUNTY MANAGER
AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING. THE
REQUEST SHALL PROVIDE DETAILED INFORMATION AS TO THE
NATURE OF THE PETITION. THE PUBLIC PETITION MAY NOT INVOLVE
A MATTER ON A FUTURE BOARD AGENDA AND MUST CONCERN A
MATTER IN WHICH THE BOARD CAN TAKE ACTION. PUBLIC
PETITIONS ARE LIMITED TO A SINGLE PRESENTER, WITH A MAXIMUM
TIME OF TEN MINUTES, UNLESS EXTENDED BY THE CHAIRMAN.
SHOULD THE PETITION BE GRANTED, THE ITEM WILL BE PLACED ON A
FUTURE AGENDA FOR A PUBLIC HEARING.
ANYONE WISHING TO ADDRESS THE BOARD ON GENERAL TOPICS NOT
ON THIS AGENDA OR A FUTURE AGENDA MUST REGISTER TO SPEAK
PRIOR TO THE PUBLIC COMMENT PORTION OF THE AGENDA BEING
CALLED BY THE CHAIRMAN. SPEAKERS WILL BE LIMITED TO THREE
MINUTES, AND NO ADDITIONAL MINUTES MAY BE CEDED TO THE
SPEAKER. AT THE CHAIRMAN'S DISCRETION, THE NUMBER OF PUBLIC
SPEAKERS MAY BE LIMITED TO 5 FOR THAT MEETING.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD
WILL NEED A RECORD OF THE PROCEEDING PERTAINING THERETO,
AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
COLLIER COUNTY ORDINANCE NO. 2003-53 AS AMENDED BY
ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS
SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING
BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY
COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE
BOARD MINUTES AND RECORDS DEPARTMENT.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,
YOU ARE ENTITLED, AT NO COST TO YOU, THE PROVISION OF CERTAIN
ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES
MANAGEMENT DIVISION LOCATED AT 3335 EAST TAMIAMI TRAIL,
SUITE 1, NAPLES, FLORIDA, 34112-5356, (239) 252-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN
Page 2
March 28, 2023
THE FACILITIES MANAGEMENT DIVISION.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1. Invocation and Pledge of Allegiance
A. Invocation by Reverend Edward Gleason, Trinity-by-the-Cove Episcopal
Church.
Invocation given
• Motion allowing Commissioner Saunders to join via zoom.
Motion to approve by Commissioner McDaniel; Seconded by Commissioner
Kowal -Approved 5/0
2. AGENDA AND MINUTES
A. Approval of today's regular, consent and summary agenda as amended (Ex
Parte Disclosure provided by Commission members for consent agenda.)
Motion to approve by Commissioner McDaniel; Seconded by
Commissioner Kowal -Approved and/or Adopted w/changes 5/0
B. February 28, 2023, BCC Meeting Minutes
Motion to approve by Commissioner McDaniel; Seconded by
Commissioner Hall -Approved as presented 5/0
C. February 21, 2023, BCC Workshop Meeting Minutes
Motion to approve by Commissioner Kowal; Seconded by
Commissioner Locastro -Approved as presented 5/0
3. AW ARDS AND RECOGNITIONS
A. EMPLOYEE
1) 20 YEAR ATTENDEES
a) 20 Years -Irene Johnson -Library -Program Coordinator
Presented
b) 20 Years -Dennis Linguidi -Information Technology -
Network Administrator II
Page 3
March 28, 2023
Presented
c) 20 Years -Corey Ford -Public Utilities Engineering & Project
Management -Applications Analyst II
Presented
2) 25 YEAR ATTENDEES
a) 25 Years -John Kennedy, Facilities Management -
Tradesworker -Structural/General III
Presented
Item continued to the April 11, 2023, BCC Meeting (Per Agenda Change Sheet)
b) 25 Years -Jeanne Marcella -Transportation Management
Services -Administrative Support Specialist II
3) 30 YEAR ATTENDEES
4) 35 YEAR ATTENDEES
B. ADVISORY BOARD MEMBERS
C. RETIREES
D. EMPLOYEE OF THE MONTH
4. PROCLAMATIONS (All Proclamations Adopted with One Motion)
A. Proclamation designating April 2023 as Child Abuse Prevention Month in
Collier County. To be accepted by Linda Goldfield, CEO, Youth Haven.
Motion to adopt all Proclamations by Commissioner McDaniel;
Seconded by Commissioner Locastro -Adopted 5/0
• Motion allowing the flags along Thomasson Drive by Commissioner Kowal;
Seconded by Commissioner McDaniel -Approved 5/0
B. Proclamation designating April 16 -23, 2023, as Pickleball Week in Collier
County. To be accepted by Terri Graham and Chris Evon, Co-Founders of
Minto US OPEN Pickleball Championships.
Motion to adopt all Proclamations by Commissioner McDaniel;
Page 4
March 28, 2023
Seconded by Commissioner Locastro -Adopted 5/0
C. Proclamation designating March 26 -April 1, 2023, as the 40th Anniversary
of Know Your County Government Week in Collier County. To be
accepted by Tish Roland, Collier County University Extension/4-H Youth
Development, Mikie Stroh, Collier County Public Schools, Diane Moore,
League of Women Voters, and participating youth from Collier County
Public Schools.
Motion to adopt all Proclamations by Commissioner McDaniel;
Seconded by Commissioner Locastro -Adopted 5/0
5. PRESENTATIONS
6. PUBLIC PETITIONS
7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT
OR FUTURE AGENDA
A. Sylvia Bethlenfalvy -Lakewood Community development concerns
B. Patrick Wansor -Lakewood Community development concerns
8. BOARD OF ZONING APPEALS
9. ADVERTISED PUBLIC HEARINGS
A. This item is Continued from the February 28, 2023, BCC Meeting.
Recommendation that the Board adopts an Ordinance creating the unpaved
private road emergency repair municipal service taxing unit by authorizing a
levy of not to exceed one ( 1.0) mil of ad valorem taxes per year. (All
Districts)
Motion to continue to a future BCC Meeting by Commissioner
McDaniel; Seconded by Commissioner Locastro -Approved 5/0
B. This item is continued from the June 28, 2022, and July 12, 2022, BCC
Meetings. A Resolution of the Board of County Commissioners proposing
County-initiated amendments to the Collier County Growth Management
Plan, Ordinance 89-05, as amended, to address housing initiatives to allow
affordable housing by right in certain commercial zoning districts with a
sunset date; to increase density for affordable housing; to establish a
Strategic Opportunity Sites Subdistrict; and to increase density for
Page 5
March 28, 2023
affordable housing projects along Collier Area Transit routes; specifically
amending the Future Land Use Element and Future Land Use Map; Golden
Gate City Sub-Element of Golden Gate Area Master Plan Element and
Future Land Use Map; the Immokalee Area Master Plan Element and Future
Land Use Map; and adding a policy to the Transportation Element pertaining
to affordable housing along transit routes; and furthermore directing
transmittal of these amendments to the Florida Department of Economic
Opportunity. [PL20210000660] (All Districts)
Resolution 2023-57: Motion to approve all 4 initiatives and exclude C-4
and C-5 for conversion by right by Commissioner Hall; Seconded by
Commissioner Locastro -Approved 4/1 (Commissioner McDaniel
opposed)
10. BOARD OF COUNTY COMMISSIONERS
A. Item to be heard at 10 A.M. Recommendation to direct the County
Attorney to advertise and bring back for a public hearing an Ordinance
establishing the Collier County Health Freedom Bill of Rights, and to adopt
the Collier County Health Freedom Resolution. (Sponsored by
Commissioner Hall) (All Districts)
Motion to advertise Ordinance and bring back to a future BCC Meeting
by Commissioner Hall; Seconded by Commissioner McDaniel -
Approved 5/0; Motion to continue Resolution to a future BCC Meeting
by Commissioner Hall; Seconded by Commissioner McDaniel -
Approved 5/0
B. Recommendation to nominate and appoint up to eight members to the
County Government Productivity Committee. (All Districts)
Resolution 2023-58: Motion to Reappointing Elida Olsen (Dist. 1),
Tracy Keegan (Dist. 2), (Dist. 3 TBD at a later date), Larry Magel (Dist.
4), Jeff Curl (Dist. 5), with John Symon, Michael Dalby, and James
Calamari (At-Large) by Commissioner McDaniel; Seconded by
Commissioner Locastro -Adopted 5/0
11. COUNTY MANAGER'S REPORT
A. Recommendation to award Construction Invitation to Bid ("ITB") No. 23-
8058, "Golden Gate City Transmission Water Main Improvements -Phase
IA -Golf Course" to Accurate Drilling Systems, Inc., in the amount of
$4,008,590, and authorize the Chairman to sign the attached Agreement.
Page 6
March 28, 2023
(Project #70253) (Companion to Items #1 lB and #1 lC) (Matt McLean,
Public Utilities Engineering Division Director) (District 3)
Motion to approve by Commissioner McDaniel; Seconded by
Commissioner Kowal -Approved 5/0
B. Recommendation that the Board of County Commissioners, ex-officio of the
Collier County Water-Sewer District, award Request for Professional
Services ("RPS") No. 22-8042 for "CEI Services for Golden Gate City
Transmission Water Main Improvements," to AIM Engineering and
Surveying, Inc., in the amount of$1,817,423.25, and authorize the Chairman
to sign the attached agreement. (Project #70253) (Companion to Items #1 lA
and #11 C) (Matt McLean, Public Utilities Engineering Division Director)
(District 3)
Motion to approve by Commissioner McDaniel; Seconded by
Commissioner Kowal -Approved 5/0
C. Recommendation to authorize budget amendments to reallocate $15,000,000
funding within CWS Bond #2 Proceeds Fund ( 419) and to reallocate
$1,173,628 debt service funding between the CWS Operating Fund (408),
Water Impact Fee Fund (411) and Wastewater Impact Fee Capital Fund
(413). (Companion to Items #1 lA and #1 lB) (Matt McLean, Public Utilities
Engineering Division Director) (All Districts)
Motion to approve by Commissioner McDaniel; Seconded by
Commissioner Kowal -Approved 5/0
D. Recommendation to approve the purchase of Property, Boiler & Machinery,
Terrorism, and Watercraft Hull insurance as outlined in the Executive
Summary and authorize the County Manager or designee to complete any
applications or other documents necessary to bind coverage and services for
a one-year period effective April 1, 2023. Additionally, approval to purchase
a thirty (30) days coverage extension is requested in the event it is required
for the purposes of avoiding a gap in coverage and to better negotiate the
terms and conditions of the renewal. (Michael K. Quigley, Division
Director, Risk Management) (All Districts)
Motion to approve by Commissioner McDaniel; Seconded by
Commissioner Hall -Approved 5/0
E. Recommendation to accept and approve an Amended and Restated Disposal
Capacity Agreement with Okeechobee Landfill, Inc., a Florida Corporation,
for a term of five years, beginning July 1, 2023, with one five (5) year
Page 7
March 28, 2023
renewal option, providing for the transfer and disposal of biosolids, and to
reserve airspace for storm generated debris from a natural disaster. (Kari
Ann Hodgson, P.E., Director, Solid & Hazardous Waste Management
Division) (All Districts)
Motion to approve by Commissioner Locastro; Seconded by
Commissioner Kowal -Approved 5/0
F. Recommendation to adopt a policy for the use of the Workforce Housing
Land Acquisition portion of the voter-approved Local Government
Infrastructure One-Cent Sales Surtax. (Cormac Giblin, Interim Director,
Economic Development and Housing Division) (All Districts)
Motion to approve by Commissioner Hall; Seconded by Commissioner
Kowal -Approved 5/0
G. Recommendation to adopt the 2023 Strategic Plan with the inclusion of
minor changes based upon direction received at the Board Workshop on
February 21, 2023 and provide direction on Board and County Manager's
Office priority initiatives. (Ed Finn, Deputy County Manager) (All Districts)
Motion to approve by Commissioner McDaniel; Seconded by
Commissioner Hall -Approved 5/0
H. Recommendation to approve an Agreement for Sale and Purchase with: (1)
Brian Blocker; (2) Maximo Guerra and Sigrid Guerra; (3) Andrew J. Ruben
and Nancy L. Ruben, Trustees of the Andrew J. Ruben and Nancy L. Ruben
Revocable Trust, dated July 30, 2021; (4) Tamera Sparkman, formerly
known as Tamera Gibson-Demello; and (5) Paul Michael Zani and Ashley
Christina Zani under the Conservation Collier Land Acquisition Program, at
a cost not to exceed $371,300 and accept a Project Status Update. (Ed Finn,
Deputy County Manager) (District 5)
Motion to approve by Commissioner Locastro; Seconded by
Commissioner McDaniel -Approved 5/0
12. COUNTY ATTORNEY'S REPORT
Moved from Item #16Kl (Per Agenda Change Sheet)
A. Recommendation to approve and authorize the Chairman to execute a
Settlement Agreement with Naples Golf Development, LLC, for settlement
of a Bert Harris Claim filed pursuant to Florida Statutes §70.001, related to
application of the County's Golf Course Conversion Ordinance on the Links
of Naples Golf Course. (All Districts)
Page 8
March 28, 2023
Motion to deny by Commissioner McDaniel; Seconded by
Commissioner Locastro -Approved 4/1 (Commissioner Saunders
opposed)
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
A. AIRPORT
B. COMMUNITY REDEVELOPMENT AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE
CURRENT OR FUTURE AGENDA BY INDIVIDUALS NOT
ALREADY HEARD DURING PREVIOUS PUBLIC COMMENTS IN
THIS MEETING
B. STAFF PROJECT UPDATES
C. STAFF AND COMMISSION GENERAL COMMUNICATIONS
1) Commissioner Hall-State Statute HB1339 that allows the Board
to override GMD Plan or Comprehensive Plan for Affordable
Housing Projects for a project in mind called the Heroes Project
2) Commissioner McDaniel -Ochopee Fire House update from Ed
Finn, requests a full report at the April 11, 2023, BCC Meeting.
Create an Advisory Committee of 5 (1 from each District) with 2
at-large by the April 11, 2023, BCC Meeting to help with Corp of
Engineers Beach Re-nourishment Project -Consensus. Hire a
Deputy Director of Sports for the Sports Complex for sporting
events held at the Paradise Coast Sports Complex; Move on letter
to purchase the Randall Curve Acre.
3) Commissioner Locastro -No break in service at the Ochopee
Fire House or Port of the Isles; also, no break in service for the
Marine Stores and get an update; Marco marine store update;
Memorial Day reminder; Sports Complex possible renaming;
thank all commissioners, staff, & public for their professionalism
Page 9
March 28, 2023
with topics of the day with the Freedom Ordinance, for the great
discussion that to be brought back on April 11, 2023 BCC
Meeting.
16. CONSENT AGENDA -All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of
each item. If discussion is desired by a member of the Board, that item(s) will
be removed from the Consent Agenda and considered separately.
Approved and/or Adopted w/changes -5/0
A. GROWTH MANAGEMENT DEPARTMENT
1) Recommendation to approve final acceptance and accept the
conveyance of the potable water and sewer utility facilities for
Ardena, PL20210000845, and authorize the County Manager, or
designee, to release the Final Obligation Bond in the total amount of
$4,000 to the Project Engineer or the Developer's designated agent.
(District 2)
Final inspection was conducted on February 13, 2023, found the
facilities to be satisfactory and acceptable
2) Recommendation to approve final acceptance and accept the
conveyance of the potable water and sewer utility facilities for Azure
at Hacienda Lakes -Phase 3, PL20200002390, and authorize the
County Manager, or designee, to release the Final Obligation Bond in
the total amount of $4,000 to the Project Engineer or the Developer's
designated agent. (District 1)
Final inspection was conducted on February 13, 2023, found the
facilities to be satisfactory and acceptable
3) Recommendation to approve final acceptance of the potable water and
sewer facilities and accept the conveyance of the potable water and
sewer facilities for Soluna, PL20220006195 . (District 3)
Final inspection was conducted on December 16, 2022, found the
facilities to be satisfactory and acceptable
4) Recommendation to approve final acceptance of the potable water
utility facilities and accept the conveyance of the water facilities for
Page 10
March 28, 2023
Terreno at Valencia Golf and Country Club Phase IA-I (Water Only),
PL20220008880. (District 5)
Final inspection was conducted on February 8, 2023, found the
facilities to be satisfactory and acceptable
5) Recommendation to approve a Resolution for final acceptance of the
private roadway and drainage improvements, and acceptance of the
plat dedications, for the final plat of Esplanade Golf and Country Club
of Naples Benvenuto Court, Application Number PL20150002533
(FP) and Application Number PL20150002208 (SDP) and authorize
the release of the maintenance security in the amount of $289,141.69.
(District 3)
Resolution 2023-50
6) Recommendation to approve a Resolution for final acceptance of the
private roadway and drainage improvements, and acceptance of the
plat dedications, for the final plat of Price Street Plaza, Application
Number PL20170001084 (FP) and Application Number
PL20150000343 (SDP) and authorize the release of the maintenance
security in the amount of $105,488.61. (District 1)
Resolution 2023-51
7) Recommendation to approve an agreement for the purchase of Parcel
101 FEE required for construction of the Veterans Memorial
Boulevard Extension (Phase 2), Project #60198. Estimated Fiscal
Impact: $3,411,575. The source of funding is impact fees and/or gas
taxes. (District 2)
Folio #00154600000
8) Recommendation to approve the selection committee's ranking and
authorize staff to begin contract negotiations with the top four ranked
firms related to Request for Professional Services ("RPS") No. 22-
8054, "CEI Continuing Services Agreement for Transportation
Engineering," so that proposed agreements may be brought back for
the Board's consideration at a future meeting. (All Districts)
9) Recommendation to adopt a Resolution to hold a public hearing to
consider vacating two unimproved 30-foot-wide public rights-of-way,
described as Avenue "B" and First Street, according to the Col-Lee-
Co Terrace Subdivision Plat, as recorded in Plat Book 1, page 32 of
Page 11
March 28, 2023
the Public Records of Collier County, Florida. The subject property is
located on the south side of U.S. 41 between Fredrick Street and Palm
Street in Section 11, Township 50 South, Range 25 East, Collier
County, Florida. (Petition VAC-PL20220000374) (District 4)
Resolution 2023-52
10) Recommendation to approve the expenditure of Tourist Development
Tax funding in the amount of $300,000 for a Purchase Order to
Crowder-Gulf Joint Venture, Inc. to provide removal of marine debris
and other biological debris on the beaches and waterways of Collier
County due to red tide, approve all necessary budget amendments, and
make a finding that this item promotes tourism. (Project No. 90077)
(All Districts)
11) Recommendation to approve the Collier Area Transit Title VI
Program Update ensuring equal access to any person without regard to
race, color, or national origin and authorize its submittal to Federal
Transit Administration (PTA). (All Districts)
With approval from the FT A the program update will be valid through
2026
B. COMMUNITY REDEVELOPMENT AGENCY
1) Recommendation that the Collier County Community Redevelopment
Agency and the Board of County Commissioners review and accept
the 2022 Annual Reports for the two community redevelopment
component areas: Bayshore Gateway Triangle and Immokalee and
publish the reports on the appropriate websites. (All Districts)
C. PUBLIC UTILITIES DEPARTMENT
Correction of ITB # (Per Agenda Change Sheet)
1) Recommendation to award Invitation to Bid ("ITB") No. 22 gogg 23-
8088, "Collier County Sheriffs Special Operations Building Flooring
Replacement" Project, to Wayne Wiles Floorcoverings, Inc., in the
amount of $104,900, authorize the Chairman to sign the attached
agreement. (District 4)
2) Recommendation to approve a First Amendment to Agreement No.
14-6188 with Tetra Tech, Inc., for "FEMA Acceptable Monitoring for
Page 12
March 28, 2023
Disaster Generated Debris," to exercise the last renewal term through
July 7, 2024, to adjust the fee schedule rates effective as of October 4,
2022, through July 7, 2024, and authorize the Chairman to sign the
attached amendment. (All Districts)
3) To award Invitation to Bid ("ITB") No. 22-8034, "Fire Safety
Systems Repair, Maintenance & Replacement," to Dynafire, LLC, as
the primary vendor, and National Security Fire Alarm Systems, LLC,
as the secondary vendor, and authorize the Chairman to sign the
attached agreements. (All Districts)
4) Recommendation to approve Change Order No. 15 to Collier County
Sport Complex Phase 2.1 and 2.2A under the Sixth Amendment to
Agreement No. 17-7198 with Manhattan Construction (Florida), Inc.,
resulting in a net reduction in the amount of $142,028.01. (District 3,
District 5)
Item continued to the April 11, 2023, BCC Meeting (Per Agenda Change Sheet)
5) Recommendation to 1) approve the attached Agreement and Access
and Utility Easement to allow VB BTS, II, LLC, access to its
proposed communications tower through Palm Springs Neighborhood
Park and authorize the Chairman to execute same on behalf of the
Board of County Commissioners; 2) Direct the County Manager or
her designee, to record the Access and Utility Easement in the Public
Records of Collier County, Florida; and 3) Direct staff to ensure that
all proposed improvements discussed herein are part of and
incorporated within the SDP (PL20210000655) (District 1)
6) Recommendation to approve the First Amendment to Agreement No.
15-6365 with Ceres Environmental Services, Inc. for "FEMA
Acceptable Debris Removal for Disaster Generated Debris," to adjust
the fee schedule rates. (All Districts)
D. PUBLIC SERVICES DEPARTMENT
1) Recommendation to accept an award from the Florida Department of
State Division of Historical Resources in the amount of $256,436 for
restoration of the historic cottages at Mar-Good Harbor Park in
Goodland with a required one-to-one match and ten (10) year
restrictive covenants, authorize the Chairman to sign the attached
Page 13
March 28, 2023
agreement and authorize the necessary Budget Amendments. (Public
Service Grant Fund 709 and Public Service Match Fund 710)
( All Districts)
For all of Lots 9 and 10 of Pettit Subdivision
2) Recommendation to approve and authorize the Chairman to sign two
(2) First Amendments to the U.S. Housing and Urban Development
Emergency Solutions Grants Program subrecipient agreements
between the Collier County Board of County Commissioners, The
Shelter for Abused Women & Children, Inc., and Youth Haven, Inc.,
to modify the period of performance. (Housing Grant Fund 705)
(All Districts)
3) Recommendation to approve and authorize the Chairman to sign the
First Amendment to the subrecipient agreement between Collier
County and Project HELP, Inc., utilizing U.S. Housing and Urban
Development Community Development Block Grant Program funding
in the amount of $59,000. (Housing Grant Fund 705) (All Districts)
4) Recommendation to approve an "After-the-Fact" agreement with the
Area Agency on Aging for Southwest Florida, Inc., American Rescue
Plan Act funding under the Home-Based Community Services-
Enhanced Home Care for the Elderly grant program for the Collier
County Services for Seniors Program and authorize the necessary
Budget Amendment in the amount of $334,665.56. (Human Service
Grant Fund 707) (All Districts)
5) Recommendation to authorize the Chairman to sign a mortgage
satisfaction as a result of Collier Housing Alternatives, Inc., meeting
the 20-year loan term and full repayment and approve a Budget
Amendment to recognize $34,333.99 in program income for the State
Housing Initiatives Partnership Program Fiscal Year 2022-2023
(SHIP Grant Fund 791). (All Districts)
6) Recommendation to approve the Conservation Collier Rattlesnake
Hammock Preserve Final Management Plan under the Conservation
Collier Program. (All Districts)
Folio #00425920008 and #00419160007
E. ADMINISTRATIVE SERVICES
Page 14
March 28, 2023
1) Recommendation to approve an Assumption Agreement assigning all
rights, duties, and benefits and obligations to Weatherproofing
Technologies, Inc., under Agreement #18-7403, "Indoor Air Quality
Testing" and authorize the Chairman to sign the attached Agreement."
(All Districts)
2) Recommendation to approve an Assumption Agreement assigning all
rights, duties, and benefits and obligations to Carolina Filters Inc.,
under Agreement #22-797 4, "Cartridge Filters for Water Treatment
Plants" and authorize the Chairman to sign the attached Agreement.
(All Districts)
3) Recommendation to authorize necessary budget amendment for the
executed Memorandum of Understanding (MOU) between Collier
County Emergency Medical Service (EMS) and Community &
Human Services Division for the Public Health Infrastructure project
in the amount of $1,700,000.00, for the purchase of equipment and
delivery costs of up to four new ambulances and four light body
trucks under the American Rescue Plan Act, Local Fiscal Recovery
Fund, and authorize the County Manager or designee to sign a Letter
of Intent for a non-binding reservation the purchase of equipment,
products, or services under this MOU for ARP21-23, replacing
Subrecipient Agreement ARP21-19. (All Districts)
4) Recommendation to approve the sale and disposal of surplus assets
per Resolution 2013-095 via public auction on April 22, 2023;
approve the addition of surplus items received subsequent to the
approval of this Agenda Item for sale in the auction; and authorize the
Procurement Director, as designee for County Manager, to sign for the
transfer of vehicle titles. (All Districts)
5) Recommendation to approve the administrative report prepared by the
Procurement Services Division for various County Division's After-
the-Fact purchases requiring Board approval in accordance with
Procurement Ordinance 2017-08 and the Procurement Manual, as well
as, to approve the payment of $59,120.62 in expenditures that have
been incurred that were out of compliance with the contracts or
procurement requirements for associated invoices that have not been
paid. (All Districts)
Page 15
March 28, 2023
6) Recommendation to approve the administrative report prepared by the
Procurement Services Division for disposal of property that is no
longer viable and then removal from the County's capital asset
records. (All Districts)
F. COUNTY MANAGER OPERA TIO NS
1) Recommendation to adopt a Resolution approving amendments
( appropriating grants, donations, contributions, or insurance proceeds)
to the FY22-23 Adopted Budget. (The budget amendments in the
attached Resolution have been reviewed and approved by the Board of
County Commissioners via separate Executive Summaries.) (All
Districts)
Resolution 2023-53
2) Recommendation to 1) Accept the findings of the Board's Emergency
Medical Authority; 2) Accept the findings of the Director of the
Bureau of Emergency Services; 3) Grants the Certificate of Public
Convenience and Necessity to MedTrek Medical Transport, Inc.; 4)
Authorizes the Chairman to execute the Permit and Certificate; and 5)
Approve a Budget Amendment to recognize and appropriate the $250
application fee. (All Districts)
G. AIRPORT AUTHORITY
H. BOARD OF COUNTY COMMISSIONERS
1) Recommendation to adopt a Resolution establishing an East of 951
Ad Hoc Advisory Committee. (District 3, District 5)
Resolution 2023-54
I. MISCELLANEOUS CORRESPONDENCE
J. OTHER CONSTITUTIONAL OFFICERS
1) To record in the minutes of the Board of County Commissioners, the
check number ( or other payment method), amount, payee, and
purpose for which the referenced disbursements were drawn for the
periods between March 2, 2023, and March 15, 2023, pursuant to
Page 16
March 28, 2023
Florida Statute 136.06. (All Districts)
2) Request that the Board approve and determine valid public purpose
for invoices payable and purchasing card transactions as of March 22,
2023. (All Districts)
K. COUNTY ATTORNEY
Moved to Item #12A (Per Agenda Change Sheet)
1) Recommendation to approve and authorize the Chairman to execute a
Settlement Agreement with Naples Golf Development, LLC, for
settlement of a Bert Harris Claim filed pursuant to Florida Statutes
§70.001, related to application of the County's Golf Course
Conversion Ordinance on the Links of Naples Golf Course.
(All Districts)
2) Recommendation to appoint two members to the Forest Lakes
Roadway & Drainage Advisory Committee. (District 4)
Resolution 2023-55: Appointing Patrick A. Bernal and Kathy A.
Thomas both with terms expiring on April 21, 2027
17. SUMMARY AGENDA -This section is for advertised public hearings and
must meet the following criteria: 1) A recommendation for approval from
staff; 2) Unanimous recommendation for approval by the Collier County
Planning Commission or other authorizing agencies of all members present
and voting; 3) No written or oral objections to the item received by staff, the
Collier County Planning Commission, other authorizing agencies or the
Board, prior to the commencement of the BCC meeting on which the items
are scheduled to be heard; and 4) No individuals are registered to speak in
opposition to the item. For those items which are quasi-judicial in nature, all
participants must be sworn in.
Adopted -5/0
A. Recommendation to adopt a resolution approving amendments
( appropriating carry forward, transfers, and supplemental revenue) to the
FY22-23 Adopted Budget. (The budget amendments in the attached
Resolution have been reviewed and approved by the Board of County
Commissioners via separate Executive Summaries.) (All Districts)
Page 17
March 28, 2023
Resolution 2023-56
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383.
Page 18
March 28, 2023
March 28, 2023
CHAIRMAN LoCASTRO: If I could have everyone's
attention, we're going to get started in about 60 seconds. So if I can
have you all take your seats, and I'll also remind you to put your cell
phones on silence. We don't want to hear your theme to a movie or,
you know, your favorite song or anything like that. So we'd
appreciate it. We're going to start promptly 9:00 a.m. So I
appreciate everyone taking their seats. T
(A brief recess was had.)
CHAIRMAN LoCASTRO: om1ng, everyone.
County Manager.
MS. PATTERSON: Good
We're going to start with
Nicholas Caccese, Trinit hur
Item #IA
INVOCATIO
TRINITY-BY-
accept
elect trust
GLEASON,
CH
you. Let us pray.
r peop e to rely on your strength and to
ties eir fellow citizens, that they may
and make wise decisions for the well-being
y serve you faithfully in our generation and
honor your holy nd we pray you send down upon those who
hold office in this c nty the spirit of wisdom, charity, and justice,
that with steadfast purpose they may faithfully serve in their offices
to promote the well-being of all people.
We offer these, our petitions and desires, through your holy
name. Amen.
CHAIRMAN LoCASTRO: Now we have students here that
Page 2
March 28, 2023
are going to lead us in the Pledge. If you all would come forward.
(The Pledge of Allegiance was recited in unison.)
CHAIRMAN LoCASTRO: The flags are out of sync.
MS. PATTERSON: Commissioners, ifwe could get a motion
to allow Commissioner Saunders to participate by phone today.
COMMISSIONER McDANIEL: Are sure we want to do
that? I'll make that motion.
CHAIRMAN LoCASTRO:
have a second?
Can
COMMISSIONER KOW A ·
CHAIRMAN LoCASTRO:
COMMISSIONER HALL:
COMMISSIONER NIEL:
CHAIRMAN LoCA
COMMISSIONER KO
CHAIRM STR
(No res
CHAI nimously.
ers. I know you're under
: Thank you, Mr. Chairman.
C : We can, but it sounds like there's
gondolas int d, or are you somewhere in Europe?
Just --no, I kno very sick. I can tell. And, yes, sir, we can
hear you. And I'l ke sure I def er to you so you don't fall through
the crack on the conversations and definitely the votes as well. So I
appreciate you calling in this morning, sir.
COMMISSIONER SAUNDERS: Well, yeah, thank you. I
really appreciate it. I just didn't want to spread any disease around
there, so thank you.
Page 3
March 28, 2023
CHAIRMAN LoCASTRO: Yes, sir.
COMMISSIONER McDANIEL: Very appropriate.
CHAIRMAN LoCASTRO: Okay.
Item #2A
APPROVAL OF TODA Y'S REGULAR,
SUMMARY AGENDA AS AMENDE
DISCLOSURE PROVIDED BY CO
CONSENT AGENDA.) -APPRO
W/CHANGES
MS. PATTERSON:
agenda changes for the Bo
March 28th, 2023.
ENT AND
ARTE
MEMBERS FOR
OPTED
s to the pro sed
missioners meeting of
tis move We have a
Item 16Kl to
authorize the C
to approve and
ettlement agreement with
Naples
Clai
ofth
ttlement of a Bert Harris
orida 70.001 related to application
onver 10n Ordinance on the Links of
Naples ing moved at Commissioner
McDaniel
Item 3A tinued to the April 11th, 2023, BCC
meeting. This 1 -year recognition for Jeanne Marcella,
Transportation Ma ement Services, Administrative Support
Specialist II. This is being moved at staffs request.
Item 16C5 to be continued to the April 11th, 2023, meeting.
This is a recommendation to, one, approve the attached Agreement
and Access and Utility Easement to allow VB BTS, II, LLC, access
to its proposed communications tower through Palm Springs
Page 4
March 28, 2023
Neighborhood Park, and authorize the Chairman to execute the same
on behalf of the Board of County Commissioners; two, direct the
County Manager or her designee to record the Access and Utility
Easement in the public records of Collier County, Florida, and; three,
direct staff to ensure that all proposed improvements discussed herein
are part of and incorporated within the SDP. his is being moved at
staff's request.
One correction to the index title f o The ITB number
should be 23-8088 rather than what in the agenda
index of 22-8088.
We have a time-certain, Ite
which is to advertise and bring bac . 1nance
for the Collier County H
the Collier County Health
hts, o adopt
And we have court rep
With that, I it o
changes.
MR.KLA changes. Thank you.
M TE Chair, and the Board
me
ommissioner Kowal, do you have
any cha
CO · No changes.
CHAI RO: Okay. Commissioner Hall?
COMMIS HALL: No, sir.
CHAIRMAN CASTRO: Commissioner McDaniel?
COMMISSIONER McDANIEL: No changes or --
CHAIRMAN LoCASTRO: Any ex parte?
COMMISSIONER McDANIEL: --or ex parte.
CHAIRMAN LoCASTRO: Anything?
COMMISSIONER HALL: No ex parte.
Page 5
March 28, 2023
COMMISSIONER KOWAL: Okay. No ex parte.
CHAIRMAN LoCASTRO: And I have no changes or ex parte
either.
Okay. Commissioner Saunders, any changes or ex parte?
COMMISSIONER SAUNDERS: No changes and no ex parte.
Thank you.
CHAIRMAN LoCASTRO: Okay.
MS. PATTERSON: Item2A, appr
consent, and summary agenda as am
CHAIRMAN LoCASTRO:
accept the changes?
t. All right.
today's regular,
COMMISSIONER McDANI e a motion
for approval of today's ag
CHAIRMAN LoCA Do I have a
second?
COMMI
COM
CHAI favor?
C
co
CHAI
(No respon
CHAIRMAN
. ye.
ERS: Aye.
RO: Opposed?
It passes unanimously.
Page 6
Proposed Agenda Changes
Board of County Commissioners Meeting
March 28, 2023
Move Item 16Kl to 12A: Recommendation to approve and authorize the Chairman to execute a Settlement
Agreement with Naples Golf Development, LLC, for settlement of a Bert Harris Claim filed pursuant to Florida
Statutes §70.001, related to application of the County's Golf Course Conversion Ordinance on the Links of Naples
Golf Course . (All Districts) (Commissioner McDaniel's Request)
Item 3A2b to be continued to the April 11, 2023 BCC Meeting: 25 Years -Jeanne Marcella -Transportation
Management Services -Administrative Support Specialist II (Staff's Request)
Item 16C5 to be continued to the April 11, 2023: Recommendation to 1) approve the attached Agreement and
Access and Utility Easement to allow VB BTS, II, LLC , access to its proposed communications tower through
Palm Springs Neighborhood Park and authorize the Chairman to execute same on behalf of the Board of County
Commissioners; 2) Direct the County Manager or her designee, to record the Access and Utility Easement in the
Public Records of Collier County, Florida; and 3) Direct staff to ensure that all proposed improvements discussed
herein are part of and incorporated within the SDP (PL20210000655). (District 1) (Staff's Request)
Notes:
Correction to the Index Title for 16Cl: The 1TB # should be 23-8088 rather than what was published in the
agenda Index of 22-8088.
TIME CERTAIN ITEMS:
Item lOA to be heard at 10:00 AM: Advertise and bring back for a hearing for an ordinance for the Collier
County Health Freedom Bill of Rights, and to adopt the Collier County Health Freedom Resolution.
3/31/2023 9:50 AM
March 28, 2023
Item #2B
FEBRUARY 28, 2023, BCC MEETING MINUTES -APPROVED
AS PRESENTED
MS. PATTERSON: Item 2B, February
minutes.
COMMISSIONER McDANIEL:
as printed.
COMMISSIONER HALL:
CHAIRMAN LoCASTRO:
COMMISSIONER HALL:
COMMISSIONER NIEL:
CHAIRMAN LoCA
COMMISSIONER KO
COMMISS SA ER
CHAI TRO.
No
sses unanimously.
FEBRUA
APPROVED
CC ORKSHOP MEETING MINUTES -
TED
: Item 2C is approval of the February 21st,
2023, BCC workshop meeting minutes.
CHAIRMAN LoCASTRO: Motion to approve?
COMMISSIONER KOWAL: Motion.
CHAIRMAN LoCASTRO: Second.
Okay. All in favor?
Page 7
COMMISSIONER HALL: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN LoCASTRO: Aye.
COMMISSIONER KOWAL: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN LoCASTRO: Opposed?
(No response.)
CHAIRMAN LoCASTRO: It pa
MS. PATTERSON: This mov
We have several today.
Item #3Al
AW ARDS AND RECOG
PROGRAM COORDINAT
Item 3Al
Item 3Ala,
Coordi
March 28, 2023
nimously.
ds and recognitions.
, Program
oes Commissioner McDaniel
have an ything we need to --I thought so.
MS. es, yes, very many.
COMM cDANIEL: Somebody give her a check.
MS. JO was not ready.
COMMISSIO R KOWAL: Congratulations.
CHAIRMAN LoCASTRO: Congratulations.
(Applause.)
MS. JOHNSON: Thank you very much.
Item #3A1B
Page 8
March 28, 2023
AW ARDS AND RECOGNITIONS-DENNIS LINGUIDI,
INFORMATION TECHNOLOGY NETWORK ADMINISTRATOR
II-PRESENTED
MS. PATTERSON: Item 3Alb, 20 year
Information Technology, Network Admin·
Dennis Linguidi,
or IL
COMMISSIONER McDANIEL:
(Applause.)
Item #3A1C
AW ARDS AND RECO
UTILITIES ENGINEER
APPLICATIONS ANALY
Utilities Eng·
IL
y Corey Ford, Public
agement, Applications Analyst
ur 25-year attendees.
NITIONS JOHN KENNEDY,
FACILITIES MA EMENT TRADESWORKER
STRUCTURAL/GENERAL III-PRESENTED
Item 3A2a, 25 years, John Kennedy, Facilities Management,
Tradesworker Structural/General III.
(Applause.)
Page 9
March 28, 2023
CHAIRMAN LoCASTRO: Mr. President, congratulations.
MS. PATTERSON: Commissioners, that brings us to Item 4,
proclamations.
Item #4A
PROCLAMATION DESIGNATING AP
ABUSE PREVENTION MONTH IN C
ACCEPTED BY LINDA GOLDFIE
ADOPTED
Item 4A is a proclamation des
Abuse Prevention Month · ollier C
Denise Murphy, president
(Applause.)
CHAIRM
words, Linda?
MS. GOL re?
23 AS CHILD
RCOUNTY.
OUTHHAVEN -
e ac
Haven.
t to say a few
C A u don't know Linda and you
you nt to check them out. It's an
1ncre r com unity. They recently had a huge
event a as to attend, just a packed house, and
heard fro omen that have basically been rescued by
this organiza as well.
And so, yo inda, I just continue to be impressed by
your organization. is is just a small token from the county. And,
you know, the floor is yours.
MS. GOLDFIELD: Thank you, Rick. Thank you to the other
comm1ss1oners.
On behalf of the potentially 70 children who call Youth Haven
home, thank you for raising awareness of child abuse in our
Page 10
March 28, 2023
community. For those of you who do not know, for 51 years Youth
Haven has been the only emergency shelter for children who have
been removed from their homes due to abuse and neglect, oftentimes
homelessness. These are the children of the community. They
deserve better. Together as a community we can provide better
outcomes for these children.
Thank you.
(Applause.)
Item #4B
PROCLAMATION DESI N 3, AS
Y.ACCE EDBY
-FOUNDERS OF
SHIPS -ADOPTED
PICKLEBALL WEEK
TERRI GRAHAM AN
MINTO US OP
April 16th t
To be
absolutely.
roe tion designating
kleball Week in Collier County.
hris Evon, cof ounders of
Ladies, either one of you,
MS. G ank you, Commissioners. Thank you,
together for us again this year.
So this year w ave record crowds coming. We have over
3,000 athletes. We have probably 35-to 40,000 people coming to
town for the biggest pickle ball party in the world. East Naples
Community Park and the whole Naples area's going to be buzzing.
We have a few things that, when you come to the US Open
Pickleball Championships, we call them goosebumps moments.
Page 11
March 28, 2023
Commissioner Locastro, you've experienced that where you've
driven into the park. One of those moments is when you tum down
Thomasson Drive and we have 100 U.S. American flags that are put
up very kindly; a lot of work for the Rotary Club.
This year we need your help. This year we are being instructed
that we cannot put up those American flags b ause of permitting.
And the lady over at --her name's Diane . She's just doing her
job, but she says in order for us to line son with American
flags, the Board of County Commiss · o approve the flags
this year. And I think it's been e ly, because of
the right-of-way.
So this whole --this proclama . . 1ng,
because this all happened week w wig all of our
permitting for us. So we' like to that we are able to
put the American flags up a
CHAIRM STR
County Gov
Com · a motion to approve the flags?
ould like to make a motion to
o you have a second?
C NIEL: Second.
CHA STR : All in favor?
COMM ALL: Aye.
COMMIS McDANIEL: Aye.
CHAIRMAN CASTRO: Aye.
COMMISSIONER KOWAL: Aye.
COMMISSIONER SAUNDERS: (No verbal response.)
CHAIRMAN LoCASTRO: Opposed?
(No response.)
CHAIRMAN LoCASTRO: It passes unanimously.
Page 12
March 28, 2023
Next?
MS. GRAHAM: Thank you very much.
(Applause.)
MS. GRAHAM: Well, you're all invited. We'd love to have
you come out every day if possible. Commissioner Locastro, we
expect you to be there again, and all the com · ssioners as well. You
can see what it's all about firsthand this ye o thank you very
much.
CHAIRMAN LoCASTRO:
MS. GRAHAM: County
County Manager, thank you as
COMMISSIONER HALL:
McDaniel.
CHAIRMAN LoCA
wait, we can't be in
objection, Co
COM
MR.
Don
Chris
C
you $10,0
Item #4C
No.
.
ey right now is like,
ay. Any
Okay. There you go.
To the flag. Jiminy
Now, that permit's going to cost
PROCLAMATION DESIGNATING MARCH 26 -APRIL 1, 2023,
AS THE 40TH ANNIVERSARY OF KNOW YOUR COUNTY
GOVERNMENT WEEK IN COLLIER COUNTY. ACCEPTED
BY TISH ROLAND, COLLIER COUNTY UNIVERSITY
Page 13
March 28, 2023
EXTENSION/4-H YOUTH DEVELOPMENT, MIKIE STROH,
COLLIER COUNTY PUBLIC SCHOOLS, DIANE MOORE,
LEAGUE OF WOMEN VOTERS, AND PARTICIPATING
YOUTH FROM COLLIER COUNTY PUBLIC SCHOOLS -
ADOPTED
MS. PATTERSON: Item 4C is a pro
March 26th through April 1st, 2023, as
Your County Government Week in
by Tish Roland, Collier County U
Development; Mikie Stroh, Coll
Moore, League of Woman Voters;
Collier County Public Sc
(Applause.)
CHAIRMAN LoCAS
tion designating
anniversary of Know
To be accepted
4H Youth
ols; Diane
from
this is why we have
u have 40-plus in so many student
here. They're
MS.ROL
u possible, right.
ally we really want --we want
lutely. Come on up.
e'll g1 e this to the kids. We'll come
over he o Tall people in the back.
THE HER: We're going to do back row --you're
supposed to 're in the back row. Second row, you're
fine. First row, an go down for me on one knee.
CHAIRMAN CASTRO: Now, the students don't know this,
but each of you now have three minutes at the podium to make a
speech. I don't know if you knew it was part of the requirement.
Yeah, it looks easy from the cheap seats, doesn't it?
MS. PATTERSON: Commissioners, while they're clearing the
room, if we could get a motion to accept the proclamations.
Page 14
COMMISSIONER McDANIEL: So moved.
CHAIRMAN LoCASTRO: Second.
COMMISSIONER SAUNDERS: Second.
CHAIRMAN LoCASTRO: All in favor?
COMMISSIONER HALL: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN LoCASTRO: Aye.
COMMISSIONER KOWAL: A
COMMISSIONER SAUNDE
CHAIRMAN LoCASTRO:
(No response.)
CHAIRMAN LoCASTRO:
Item #7
PUBLIC COM
CURRENTO
March 28, 2023
s to Item 7, public comments
ong
register
and Silvia
MR.
MR.MI
e cu ture agenda.
omin , Mr. Chairman. I have two
, Patrick Wansor, I believe this says,
adi es first.
u come up to either one of the podiums, and
please start by stat! your name.
MS. BETHLENFALVY: Okay. Sylvia Bethlenfalvy. It's
easy.
Thank you, gentlemen, for having us here today to speak. I just
wanted to bring up a topic that came up last week on May 21st
regarding the most recent proposal to alter the current status of
Page 15
March 28, 2023
Lakewood Club into a not-for-profit enterprise called STARability.
While our community is very supportive of this cause, this
development is like landing a spaceship in the middle of a very gentle
and kind and vulnerable neighborhood/community. It is like
bringing Highway 41 into our backyard.
At the meeting on March 21st, the STA
opened with a short, very polished film ab
these individuals who are looking for a
surprise that they would love our loc
and well cherished and loved by i
that it would be an ideal location.
The Lakewood neighborhood
community shared by hu s of lov
share a love for wildlife, p d that 1
create an equally soul-crush1 f the
have millions of of the
bility Foundation
e lives and stories of
me. It is not without
erene and peaceful
It is not a wonder
and es who
re. We would easily
ory of families who
t has been had, that
they have buil pee riving community.
Starting w1 y gr
my aunt ncle
Cieg
and
o bought his home here in 1979,
eighboring houses in Boca
e ever since. All my cousins
g me ories of this very special place,
and we
fabric of o
ntin is legacy while contributing to the
ighborhood.
d hardworking firefighters, policemen,
e been the main buyers in Lakewood
community. We a ardworking people who have saved all of our
lives to have a chance to enjoy this very special paradise.
Every guest I have invited here has fallen in love. I don't know
how replacing our neighborhood community with another community
will make this place better.
There's no promise for a future of STARability nor any
Page 16
March 28, 2023
commitment for tenure. Once they leave, it will be an empty husk,
just like some of the malls on 41.
Aside from breaking our hearts, there are, naturally, deeper
concerns, and there are a few, but I'll try and be fast. The amount of
concrete --the amount of concrete spread across the large surface
area will prevent the water from draining pro rly through the
existing soil and probably flood certain ho near by. Even with
Hurricane Ian currently [sic], it was ve
The increase in traffic has alrea grown over the last
40 years, so I just imagine it incre
The STARability's coming
CHAIRMAN LoCASTRO:
important to us. Contin
MS. BETHLENF AL
appreciate it. I understand
points quick and
I underst
use of neighbor
benefitt
much. I really
t I'll try and make my
ml
unity center, but there is no
onolith servicing others well
roac d for their board to our
price --urchase this land from the previous
owners. e pool was not tied to the
community, a: ill be gone. The pool is in great shape.
Fortunately, Mr. 11 has agreed to lease it back to us while he
finds a way to deve the land around it.
The existing pool is a godsend, whether for kids/grandchildren
laughing, exercising, and keeping our muscles strong.
The increase --you know, as a neighborhood community, we are
now spending our retirement paradise in constant fear of how the
land will be used. I am truly heartbroken and have been brought to
Page 17
March 28, 2023
tears all week. I am 54, so I can't imagine what this fight is doing to
the older folks in our community. One woman in her 80s boldly
raised her hand last week, in a very gentle, sweet voice, asked, but
where will the ducks go?
CHAIRMAN LoCASTRO: Ma'am, can you --you do have to
wrap up a little bit.
MS. BETHLENFALVY: Yeah. A
comment, but then all week I could not
it. It was probably the most powerfi
Lakewood Golf Club is thriv ·
financially prohibitive --or priv
increase the taxes on it or even the
untouched?
CHAIRMAN LoCA
MS. BETHLENF AL V
COMMISS
you're very -
MR.
I thought, what a silly
f --stop thinking about
had heard.
other club is
tjust
tit remains
Appreciate it.
of order --and
Okay. This is coming
befo
on it
coming
So th
in fact, have.
shared with you th
concerns.
e No. 7 is for public comment
da or a ture agenda. And this is
s a ditional use.
ems are expressed and very important to us,
r with regard to the public speakers that we,
, you've been misinformed. Someone
is is where you could come and share your
MR. W ANSOR: Yes.
COMMISSIONER McDANIEL: But it's very clear that this
item is for not on today's agenda or future agendas. So
noted --noted that you've got concerns, please. But I just think we
Page 18
March 28, 2023
should stay off comments on items that are going --this is coming
before us as a conditional use. And with all due respect, it's not fair
to allow you to speak when others who may be in favor of or
opposition of aren't here as well.
CHAIRMAN LoCASTRO: One thing I'd encourage you is you
can speak to any commissioner at any time. 's any --most any
commissioner at any time --
CO MMIS SI ONER McDANIEL: rse.
CHAIRMAN LoCASTRO:
agenda and see what's coming
point of order that you don't ha
same opportunity. So we a
MS. BETHLENF
CHAIRMAN LoC
once you started t ·
coming --
COMMI
please. An
matte
eac
t to watch the
a spot-on
ou out. You know,
ecific that is
no error on your part,
important to us; it's just, as a
: --the agenda item is here.
Andple
MR. ow would we make an appointment with
you?
COMMIS (Indicating) call, email --
MR. WANS . Very well.
COMMISSIONER McDANIEL: --any one of us or all of us.
MS. BETHLENFALVY: I apologize, and I can appreciate that.
COMMISSIONER McDANIEL: No sorries, no sorries
whatsoever. It should have been caught in advance of you coming
here, so ...
Page 19
March 28, 2023
MS. BETHLENFALVY: Thank you.
COMMISSIONER HALL: Thanks for coming.
CHAIRMAN LoCASTRO: Thank you, ma'am.
MR. W ANSOR: We will not take up any more time. Thank
you very much, and I would like to speak with you.
CHAIRMAN LoCASTRO: We welco your comments.
MR. MILLER: Mr. Chairman, that conclude our speakers
for Item 7.
(Simultaneous crosstalk.)
COMMISSIONER KOW A
that? Because I went to the nei
meeting that these folks attended tH
was in attendance.
The way it was prese
was presented, that this did
Commissioners
course as a co
was only going
C A
a comment on
· hborhood
arity, the way that it
the Board of County
uses of a golf
ey telling the folks that it
agistrate, and it was not to go --
it county staff that said that to
t was --well, there was one
staffm
co
CHAI
cD NIEL: Is it a conditional use or not?
STRO: Mike Bosi? Mr. Bosi or
Mr. French.
MR. FRENC Good morning. Jamie French, for the record,
your Growth Management director, and with Mike Bosi, our Zoning
director.
MR. BOSI: Mike Bosi, Planning and Zoning director.
It's a conditional use. All conditional uses, unless they
are --unless they require EAC, is designed to go to the HEX. It
Page 20
March 28, 2023
does --we do have a provision within our Administrative Code that if
it's a matter of public concern, that a --the district commissioner can
request that the hearing not go to the HEX, that it would go to the
Planning Commission and then to the BZA for full evaluation.
I spoke with Commissioner Kowal yesterday about that, was
going to send him an email after this meetin king him would he
like that to go to the traditional HEX heari use the discretion and
the authority that he has as the chair --ommissioner of that
district to direct it to go the full CCP e BZA. But we
kind of got --it's accelerated a bit stion --
COMMISSIONER KOW A ot accelerated
on us. We spoke about this e
intentions to eventually
sure, you know, we wer
move on that yet. t
COMMI
COM
to speak tod
go1n
dire
e oft nd I'm
to really make a
t wrong.
lity, they were right
g to their knowledge, it wasn't
ture, I believe that's the
ean, officially, with what has
ey're not out of order speaking
--isn't coming to us.
because th'
(Simulta
CHAIRM
COMMISSIO R KOWAL: --because I haven't yet. We
spoke about --
CHAIRMAN LoCASTRO: Okay. So having said that, sir, the
floor is yours.
COMMISSIONER McDANIEL: If you want to.
MR. W ANSOR: I would just be --
Page 21
March 28, 2023
MR. BOSI: I would say that if --and it sounds like
Commissioner Kowal has directed it to come to the BZA. This will
be before you. This is going to be a conditional use that will be
heard by the BZA, so I'm not sure how much you want to get into --
CHAIRMAN LoCASTRO: We need to do that at a --not off
the cuff here right now. So right now, as far
what's been decided, that's not --that's not
talked about or decided.
MR. BOSI: He doesn't need ta
individual commissioner has the
staff to send the petition to the fi
CHAIRMAN LoCASTRO:
think this meeting, him s
saying is what's in print ri
out of order.
MR. BOSI:
what's on paper and
tion that has been
·on. Each
DC to direct
on't
hea what I'm
ve these two speakers
CHAI
technicali
h that might be a slight
r has an objection, I don't object
to he
Slf.
. He's already taken your time,
king a out before.
L: See, you kind of understand my
intent, tho ack to the full committee?
MR. W re you talking to those gentlemen?
COMMIS KOWAL: No, I'm just talking in general.
CHAIRMAN CASTRO: Sir, the floor is yours.
MR. W ANSOR: You know, I just wanted to reiterate that it's a
deeded community, and when deeded communities are deeded, it
seems that they should stay residential with the two golf courses.
My family --I have three units --well, my son, my daughter,
and my wife and I are all in one place. My daughter's buying, and
Page 22
March 28, 2023
my grandchildren are going to come. To have the pool taken away,
to have the sight of a building not look out at the nice golf course,
and then all the people that use --you know, enjoy the surrounding
areas, it seems to me that there would be a better place for this
facility. I have a severely handicapped nephew myself, so I can
understand the need for a facility like this. I · st would think that a
better place would be someplace not resid
So I would look forward to not ta
but if this can come to bear or I can
time, I would much appreciate it.
CHAIRMAN LoCASTRO:
what Commissioner McDaniel
Kowal determines that h
this becomes a much more
speakers from yo
their voice ne
comm1ss1oner
MR.WA
cont
any more of the time,
mebody at another
missioner
the cl, then
s group, and then
t have you, then
verse with us as
vote on something.
ime. Thank you
s [sic], I believe I will
: Look forward to it, sir.
ou, gentlemen. Good day.
Next?
MR.MILL
CHAIRMAN
Item #9A
STR : Okay. Thank you, sir.
we have, Mr. Miller?
at' s all we have for Item 7, sir.
CASTRO: Okay.
AN ORDINANCE CREATING THE UNPAVED PRIVATE ROAD
EMERGENCY REPAIR MUNICIPAL SERVICE TAXING UNIT
Page 23
March 28, 2023
BY AUTHORIZING A LEVY OF NOT TO EXCEED ONE (1.0)
MIL OF AD V ALOREM TAXES PER YEAR -MOTION TO
CONTINUE TO A FUTURE BCC MEETING BY
COMMISSIONER MCDANIEL; SECONDED BY
COMMISSIONER LOCASTRO -APPROVED
MS. PATTERSON: Item 9, advertise
9A. This item was continued from Fe
recommendation that the Board ado
unpaved private road emergency
Unit by authorizing a levy of no
taxes per year.
This item was broug
McDaniel.
COMMISSIONER Mc
lie hearings. Item
8th, 2023. It's a
ce creating the
ervice Taxing
ad valorem
ng the podium, I want Oh, there she is.
to make one q
Board of Count
1s 1 young lady's last ever
ting as an official employee of
Collier nded her retirement party on
Frid
you
, and I just want to say thank
ur com unity. Thank you.
u. I can't believe it's been 34 years.
cD NIEL: Did you set a timer on her?
Very apropos.
MR. MILL dvertently, sir.
CHAIRMAN CASTRO: What, are you crazy?
Ma'am, go ahead.
MS. ARNOLD: I just wanted to give you-all an update on what
we've done for this proposed MSTU program. We sent out letters to
all the property owners that we thought would be affected, and that
was a total of about 2,300 letters that were sent. We did receive
Page 24
March 28, 2023
some feedback both via phone as well as email. About 90 --well, 92
inquiries were sent in.
We noticed as a part of the inquiries that some of the properties
that were sent letters should have been --not received the letters
because they were actually on paved property or, you know, we
include a larger amount of the roadway than
So we excluded those properties. B
we received, 28 of them expressed a de ·
ordinance; 29 were in favor of the pr
there is a petition that I received fi
Way that was in favor of the pro
We received about 26 general
general questions; didn't · ate whe
opposed. There were two · uals tn
the program, and then they -
informed us the ently
would qualify ut.
were paved.
intended to.
e 92 inquiries that
pt out of the
ddition to the 29,
rs along Ivy
· uals sent
ey n favor or
ssed opposition to
thers that
and probably
ere some more that
Ih eived and some of the
resp
there
maintaine
those that are
proposal.
ies that we received. But
ot peo e are in favor of this proposed
hat are on roadways that are not being
definitely in favor of it. And it goes to say
aintaining them are not in favor of the
If you have an uestions, I'm here.
COMMISSIONER McDANIEL: I did, and maybe I need to
speak with Trinity. I --you know, this circumstance has been going
on in our community forever. We have over 110 miles of private
roads. The goal here is to bring some level of continuity in
maintenance to these roads so that we can get an ambulance down
Page 25
March 28, 2023
there to be able to take care of the people.
You know, it's been brought up, and it's a known concern, or a
known issue, if you buy on a private road, that it's your responsibility
to take care of your road, but it doesn't work that way. There is an
imposition of an MSTU by the government when the road becomes
in such ill repair that it can't be traversed at a and that is typically
done after the fact when the road is no Ion assible, which is
excessively expensive, and then, in tu ns the people that are
on that road. Where having a more -kee approach to this,
which is the rationale, is a differe y of takin re of it.
So I'd like to speak with Tri if I could, jus
the things --and, again, I'd like to Ii nts fro
colleagues. But one oft ·ngs I'd solidify is t emantics
behind this with regard to ' e goi administer this if, in
fact, this passes.
MS. SCOT ~ransportation
Management
We haven
operati
direc ·
nott
nd procedures --standard
·s. We have been awaiting for
not we would --whether or
Si atio uld be based on health, safety, and
welfare, i at my vision of how I would need to
implement tli would need to have kind of an advisory
committee, if yo , that would be made of Sheriff, EMS, as
well as the fire dist s to provide that feedback to our staff of what
are the worst roadways, then we can address and come up with the
cost estimates and see how far down that list that we could get on an
annual basis.
With regard to opt out, we would have to develop a policy with
regard to how people would opt out, thinking that you can't opt out
Page 26
March 28, 2023
just in front of your place if the rest of it --so we may --we may have
to massage that a little bit to where it's an opt out for the entire road,
you know, a length of road, something along those lines. But those
are all details that we will work out if, indeed, the Board decides to
give us direction to move this forward.
COMMISSIONER McDANIEL: The
questions yesterday that I thought were va ·
accounting and then the accountability
funds. That was brought up in her
your proposition --if this passes,
process that we can solidify the
to the individual roads?
MS. SCOTT: Wha
what we do on our own ro
asset management t
the roadways
we would op
That way we
road
erk asked some
1th regard to the
xpenditure of the
How --what's
e --what's the
s ve ilar to
g our existing
ph, where each of
y work orders that
cular segment.
rked on those specific
on c
. Okay. And you're planning
going maintenance, or are we
going t
MS.
COMM
CHAIRM
comments do we h
·11 most likely be contracted out.
cDANIEL: Okay. Okay.
STRO: Mr. Miller, how many public
MR. MILLER: We have six registered speakers for this item,
Mr. Chair.
CHAIRMAN LoCASTRO: Let's go to those.
MR. MILLER: Your first speaker is Nancy Reichard. She
will be followed by William White.
Page 27
March 28, 2023
MS. REICHARD: Good morning.
COMMISSIONER McDANIEL: Good morning, Nancy.
MR. MILLER: You can pull that down closer to you. There
you go. Thank you, ma'am.
MS. REICHARD: I am one of those people --
MR. MILLER: Can you state your na please.
MS. REICHARD: I'm sorry. Nanc chard. And I am one
of those people who live at the end of a maintained dirt road.
It is a one-lane most of the way. W eople can't even get
back to me. Fortunately, I have and I can --I
can make it back there. But it
and family to come back when it's
We just had some ra · t too lo
puddles to the point where
COMMISSIONER Mc
MS. REIC
make it throu
Somy
If I, a
kno
mainta1
d the
o I was able to
ency people getting back to me.
--health problem, I don't
, nd fire vehicles as well.
taxes going up and it being
CO IEL: Yes, ma'am.
MS. RE Thank you.
COMMIS McDANIEL: Thank you, Nancy.
MR. MILLE . our next speaker is William White. He will
be followed by Tom Brooks.
MR. WHITE: Good morning, Commissioners. You all have
received an email from me with a copy of what I'm about to read into
the record for you.
My name is William White. I'm from Della Drive. And this is
Page 28
March 28, 2023
in response to the proposal to add unpaved roads to the MS TU.
Let me give you a little history of Della Drive. The Naples
Farm Sites was created on January 2nd, 1956, from 16 acres of
farmland in the unincorporated area of Collier County west of 23rd
Street Southwest and south of the main Golden Gate Canal.
The farm was subdivided into many hal
consisting of several streets, one of which ·
Drive. Each of the lot owners in the N
owns the roadway to the center of th
over, along, and across 30 feet of
The Della Drive portion of
blocks of land divided into 86 lots.
one-acre lots
ne-mile-long Della
Site Subdivision
access easement
operty.
s of three
Subdivision was never co rs as tion or
any other typical common munity. The result
is the 86 homeowners are in to maintain the
roadway in fron have been
allowed today e ro be the
responsibility o tained by the unincorporated
general ity of a homeowner or
cond bility and authority to open a
bank: · tion f e s, and maintain the common
propert as ted by the articles of incorporation.
Look 6 wfien Naples Farm Sites was created
through an ap ivision, the subdividers and County
Commissioners ow anything about homeowners
associations, nor d1 ey consider how this road would be
maintained. Keeping in mind that the lots on Della Drive was, in
1956, the eastern wilderness of Collier County made up of lime rock
and sandy roads with little or no residents aside from some hunting
lodges.
The prevailing opinion in 1956, when the population of Collier
Page 29
March 28, 2023
County was a total of 15,753 people, was probably that no one would
want to live there.
It is time for the County Commissioners to right the wrong that
was unknowingly created in 1956. Since creating a homeowners
association would be impossible, now having all the lots under
private ownership and the developer has Ion ·nee died, the area of
the easement, Della Drive, could be com ered under the
easement --commandeered under emin · n statutes and the
road improved and made a part of th orated
roadway system, maintained and ollection of ad
valorem taxes in the current unin
I believe this project, and othe for funding
under the Biden Adminis n's infra 1 w clentifies
infrastructure to designate · dings a epairing of --building
and repairing of roads, bridg rts, as has been --and
has been expand eside uman and social
infrastructure.
If funding
collecti
the u 0
bill is not available, then the
addition of these parcels in
now be taxed would offset the
ten oadways. Once expe
comple
eligible fo
-and the s al these roadways would become
construction
where lots are a
CHAIRMAN
bit.
ge funding and the potential for the
housing in the rural parts of Collier County
of a half acres and slightly more --
CASTRO: Sir, if you could wrap up a little
MR. WHITE: --making it available. Thank you.
CHAIRMAN LoCASTRO: Thank you, sir.
MR. MILLER: Your next speaker is Tom Brooks. He'll be
followed by Aristeo Alviar.
Page 30
March 28, 2023
CHAIRMAN LoCASTRO: Sir?
MR. BROOKS: Hello there. My name's Tom Brooks.
Quick question: I live in Six L Farms. And the roads kind of
cross property lines. If you guys take the roads over, does that
require a lot line adjustment on my property?
CHAIRMAN LoCASTRO: So public
us your position on this particular topic.
forth. And we'll talk about --you'll he
your thoughts --unless, Commissio
COMMISSIONER McDAN
can call me. I'll share with yo
point of clarification --good m
ment is you just tell
ta debate back and
of that, but tell us
ou want to --
uestions, you
just as a
As a point of clari of c nation or
takeover with regard to oposition here is to
improve these roa by an ambulance.
And we're not te, do you do? The
condemnation e, a us. The drainage,
culverts, curb, a e into play when the
govern If everybody that accesses
their a little bit into the kitty over
a, re eriod time, we'll elevate all these
roads y a bulance. At which point, who else
gets to g heri , so ons and so forth. Trash collection
and so on a o that's the short answer to --
MR. B kay.
COMMISS R McDANIEL: --the condemnation process.
MR. BROOKS: Now, I was just --you know, when anything
like this happens, you always see --I think it's a great idea, because a
lot of people can't afford --I mean, I have a tractor and a York rake
and help maintain. But, still, a lot of people will go opt for the
cheapest dirt they can get to put in the road, which is usually sand,
Page 31
March 28, 2023
which usually doesn't last more than a month. So I think you guys
taking over would be a great idea.
COMMISSIONER McDANIEL: That's the hope.
MR. BROOKS: But we'll see.
COMMISSIONER McDANIEL: Yes, sir.
MR. BROOKS: Thank you.
COMMISSIONER McDANIEL: u.
MR. MILLER: Your next speake o Alviar. He'll be
followed online by Jayme Scott.
MR. AL VIAR: Hi. Good
Alviar. I'm a resident of Colli
McDaniel, thank you so
e's Aristeo
Florida.
in Immokalee and then i e an
g to us out
ging this
out to the Board. So th
the same conce
Iknoww
on these ro
could
ague Road. I share
·n favor of this.
roa d homes were bought
to be for a price; it's what they
living down three or probably
Christian Terrace, North 29th
Now, to deal with this. Not only is it for
emergency v he ambulance, police, things of that nature,
but it's also for s y neighbor next to me, who happens to be
my wife's aunt, wo a for the school system for 40 years. She
worked with disabled children. And there was at one point to where
the disabled school bus could not even get down the road to pick up
those disabled children to take them to school.
We've had Collier County students that have had to walk right
after --within a couple weeks of a hurricane down a flooded road
Page 32
March 28 , 2023
really, really bad just to try to get to a school bus stop because the bus
cannot make it down there.
About seven years ago, my mother-in-law herself broke her hip,
unfortunately, in our home. The ambulance could not make it down
our road. So we actually had to get the fire truck to bring in the big
one with the wheels to get her out. So for us · 's something that it's
not only for emergency services but for al students as well.
As recent as Hurricane Ian, my ne · and a few other folks
who have elderly folks that live wit re caretakers for,
had to vacate them from our road Naples, into
Bonita Springs and other areas, ebody could
not get to them in the event of
So I, for one, am v
29th Street. We own p
would be very be i
anyone trying
Now,w
We've spent
dirt, t
espe
rent down
rrace as well. It
owners but to
m in it on our own.
e continuously tried to bring in
not help that in other areas,
ve e League Road, folks take it
on f ou -wheelers and dirt bikes and
4-by-oug sand tearing up the road that we
literally and smooth out.
And for it to be paved, although it would be
nice, but just wi bit of help of the maintenance. We've tried
to reach out to Col Sheriffs to keep the folks out there [sic]. My
wife was nearly run over by an SUV trying to jump the potholes to
where they lost their bumper, front fender, and nearly ran over my
dog . We filed police reports. All this stuff is on record.
And we're just looking for a little bit of help with this to try to
maintain it, even if it's just something along the natures of re-digging
Page 33
March 28, 2023
some canals for some drainage, things of that nature. Again, not
asking for 100 percent of the help --we know it is very costly --but
for any assistance that the county could provide down any of these
roads. I, for one --and I know the majority of my neighbors, we
went out to an MSTU meeting in Immokalee where we all spoke out
quite vocally about trying to get this done.
So we really much are looking f orwa
information on this, timelines, things o
listening with attentive ears.
COMMISSIONER McDAN
here today?
MR. AL VIAR: Absolut
MR.MILLER:
joining us on Zoom. F ·
followed by Mela ·
Ms. Scot
time, if you
minutes M
ma
tting some
re, and we'll be
aying you to be
peake both
then she will be
yourself at this
You have three
Okay. I just wanted to ask --I know
that yo wners that --we live on a paved road,
but we pa ·1 oursel , an all the homeowners maintain it.
Would we be om this?
COMMIS McDANIEL: Yes.
MS. JAYME TT: We would?
COMMISSIONER McDANIEL: Yes.
MS. JAYME SCOTT: Okay, perfect. I think that's really all I
have.
CHAIRMAN LoCASTRO: Thank you.
MS. JAYME SCOTT: Thank you.
Page 34
March 28, 2023
MR. MILLER: All right, then. Your next speaker will be
Melanie Penner.
Ms. Penner, you're being prompted to unmute yourself, if you'll
do so at this time. I see you're unmuted. Ms. Penner, you have
three minutes.
MS. PENNER: Can you hear me?
MR. MILLER: Yes, ma'am.
MS. PENNER: Excellent. My
live off of Sugarberry Street. That ·
maintained.
I have three main concerns
concern is the wording does say it
abutting or adjacent to un d roads.
lot of the properties in my of Ian
They're, like, what you wou
elanie Penner, and I
that is privately
y first
s that are
t to out that a
abutting or adjacent.
ed.
a ve acres that is
en · r back side is not
So, for inst
abutting or adj
touching a road e taxed on half of their property
and not
inary --putting out a
preli erties ould be taxed and what would
not. im ant, to be fair, to tax all of the
properties not Just ones that have road frontage,
because the p t do not have road frontage still use those
roads to access. s my first concern.
My second co rn is I do live in a section that we privately
maintain. Our roads are quite good. We have --you know, fire and
ambulance have no issue. Guests to our home have no issue using
our roads.
I'm concerned that I would be paying into a pool of tax money
that would then go to the highest need, which would not be my
Page 35
March 28, 2023
section. Like, I can guarantee you that my section would be almost
last on the list in terms of need for improvement. And so that
concerns me that I would be just paying into a pool and never see any
benefit of this .
Lastly, I know there is an opt-out clause, and I do appreciate
that. My biggest concern would be to make
simple. I don't want to have to jump thro
when our roads are privately maintaine
just don't want to have to do a ton of
we are in good shape and that we
my three main points. Thank y
COMMISSIONER McDANI
item.
CHAIRMAN LoCAS
at opt-out option
oops to opt out of this
good shape. So I
e to the county that
So those are
r McDaniel.
like to --because I
ow we're going to
COMMISS
have a questio
manage that. I
husban '
several. I mean, Ms. Penner's
s a grader and excavating
com
ne1g
ent shape. And some of my
e my own motor grader and keep
myroa
But t is ion --now --and, again, you know, this is
new, and I w nt to caution everybody that this --you
know, the Coun ey' s already espoused that this has never
been done in the st of Florida before and, that, you know, the
semantics of this may be a little bit difficult. But in my thought
process, I would like to hear from staff what their thoughts are with
regard to the opt-out provision and keeping it simple, as Ms. Penner
actually expressed.
MS. SCOTT: Once again, for the record, Trinity Scott,
Page 36
March 28, 2023
department head, Transportation Management Services.
Certainly, we'd like to keep it as simple as possible. As I stated
before, we have not developed policies and procedures for that. If
the Board so desires to adopt this today, certainly direction back to
staff that we can bring something back to you, you know, a
thought-out plan. Certainly, it needs to be r · ewed by the
committee members to make sure that, in he roadway is
passible.
And in the ordinance it states t
maintenance within the next five
maintenance plan. So somethin
neighborhoods --the neighbors ha
that, yes, they grade it qu
them in the past, and the r
I'm thinking. But as I said,
delineated out t <lures
· ely to require
o a sustainable
ver orked for
is, in theory, what
·1s. We have not
COMMI cDA t. Well, here's my
oint in staff giving an enormous
this passes or not, as the case
ition is to do this for a year, to
aximu of one mill but levy it at a half a
propositi
may
sett
mill the
opt-out pr
with the Cler
ve ese policies with regard to the
that --and make sure that we're working
countability standpoint so that we've got
t we're spending and how we're spending it
and where, in fact, going and make sure that the Clerk is satisfied
with the accountability aspect of this, and then manage it accordingly.
If there is --if there is a hole in the doughnut that we haven't seen,
then we'll endeavor to take care of that hole and address it
according! y.
Did you have something to say, County Manager? You're
Page 37
March 28, 2023
looking like you're leaning in.
MS. PATTERSON: No, sir. Thank you.
COMMISSIONER McDANIEL: Okay. So that's my
proposition. I want to assure folks that there is no intent for
condemnation with this. This is just a --this is --as you heard at the
beginning, there's in excess of 2,200 residenc that are impacted by
access by these private roads.
COMMISSIONER SAUNDERS:
CHAIRMAN LoCASTRO: Y . sioner Saunders, the
floor is yours.
COMMISSIONER SAUN
questions for the County Atto
If we adopt this typ
of these roads, I guess o
having liability on s
required to, si
it up to any p
question.
egin to mai in some
does that result in us
· ury? Would we be
ing the road, bring
? So that's one
r comments.
d is to make the road passible
We'r ing roads. We're not doing fore
any
could b
g the pu 1c health, safety, and welfare
co
expectation t
than what you j
MR.KLATZ
vehicles down there.
akin em, really, minimum-condition roads.
A DERS: Okay. So there would be no
have to maintain them at a higher level
: No, sir. It's just to get the emergency
COMMISSIONER SAUNDERS: And then I guess just a
thought. It seems like the folks that are maintaining their roads,
obviously they're going to want to opt out.
COMMISSIONER McDANIEL: Sure.
Page 38
March 28, 2023
COMMISSIONER SAUNDERS: And so would this, in effect,
kind of encourage homeowners to stop maintaining their roads
because they know that there's an MSTU that's going to be there to
pick up the slack if they stop doing that? I guess that's a question for
Commissioner McDaniel. Just your thought on, are we making a
situation that's arguably bad at this point, are e making it worse by
increasing people's expectations on what t unty's going to do?
COMMISSIONER McDANIEL: d certainly hope not,
Commissioner Saunders. You kn e here is if
everybody pays a little bit and en it's not such
an arduous task for the few, lik and that
maintain their own roads or m neighbors
contribute a little bit, th
We heard from our
he went. He pro
wants you to get
prevalent fore
anointed me as
Associa · · 200
pre
bein
accomp
later.
know your boss
umstance has been
ner tta who sat in this seat
orkscrew Island Neighborhood
rs ago. And that was on the
e of an MSTU individually
eets a we go. Never was
nee is still prevalent here 22 years
The pro I've brought forward is to try something
different than w e been doing forever and see if we can
improve the lives o e entire community by having everybody pay a
little bit, and that's my rationale by setting it up as --you've got to
have a cap --capped at 1 mill and starting the first year at a half a
mill. We'll collect approximately 187,000. We'll have the
committee --and our staffs already reviewed the majority of these
roads.
Page 39
March 28, 2023
So we'll have our staff delineate the worst first and go through
that process and account for what we've actually spent, and then over,
hopefully, a relatively brief period of time all these roads will be
traversable by an ambulance, and that's the box to stay in, and once
that occurs, everybody can traverse them.
COMMISSIONER SAUNDERS: All r·
other comment, then, Mr. Chairman. Co
a comment that we can adopt this for a
we could develop these procedures £
old proverbial putting the cart be£
have those procedures laid out b
Now, I don't know how long i
we're going to have a lot ople wi
aren't going to be met if w
during the process over the
procedures are be.
ht. And just one
sioner McDaniel made
d then during that year
. I think that's the
you have to
that, but
pect s that
like this and then
what the opt-out
I would r op first and then move
that point if I know what those
rt it right now, because I think
as going to just make a
comme o to mmissioner Kowal, and then,
Commissi e on aeck.
You kno st concern/priority is cohesion and the
roads being c ary. And so as the one speaker said, back in
the '50s maybe this sn't a problem and, you know, it didn't surface.
And it's not just out in Immokalee. We all have private roads.
Maybe not to this extent, but I know I've got several, and these
conversations are bubbling up.
And then you have folks that either have maintained their little
piece --and so, like, the one caller said, I don't want to be, you know,
Page 40
March 28, 2023
overly taxed. But, you know, part of making sure that all the roads
are cohesive and all the roads that are connected --you know, you
maintain something in front of your house, but if the ambulance has
to drive through three feet of mud to get to your beautiful road that's
in front of your house, then I'm not sure that solves anything.
So the opt-out really concerned me beca e you can have too
many people that said, well, I didn't buy s I bought really good
dirt. And, you know, we have a perf ec in front of our house,
and we have a garage full of four-w at doesn't really,
you know, solve the problem of e interconnected
roads are cohesive and of simila for first
responders.
So I guess I need to
know that, you know, Co
m1ss1ng pieces.
But let me
Hall, you're o
COMMIS
fam
we'll
her.
·nt, and I
iel's going to fill in the
en, Commissioner
hank you, Chairman.
t I kind of agree with
Yo , remember there was a
that s 1d, let's pass the bill, and then
COMMIS
COMMISSIO
KOWAL: I'm not comparing you.
R McDANIEL: Don't even --don't even
compare. And now I'm --
CHAIRMAN LoCASTRO: We'll call for a 15-minute recess.
COMMISSIONER McDANIEL: Don't even start.
COMMISSIONER KOWAL: But, you know, we did continue
this from February 28th because we kind of had the same questions
Page 41
March 28, 2023
then, and now it's before us again, and I have the same questions
now. And even listening to staff, I don't have much more clarity.
And, you know, even --now I just heard the attorney, that I
guess we do have a liability because he says we have to maintain it to
the point where an ambulance can pass it. We go and fix the road,
six months later a sinkhole, which probably i he reason for having a
hole there anyways, is people keep puttin 1n over years and
years and years, and now the ambulanc o down it. Who's
responsible? Is the county responsi use the ambulance
couldn't get down a road that we · s ago? Do we
have a liability then?
MR. KLATZKOW: Anytim
potential liability, but the · e here is
really compare public safe · ability,
public safety is paramount.
COMMISS KO
have a
ty. don't
ally. I mean, to me
stand. I was in the
public safet u know --and listen,
people sust don't know how they go to the
grocery o shopping. They must be
able rom that background, I know
if th end o this road, it's not going to keep
us fr of the road, especially if they can
traverse daily asis, unless they're landlocked to the
point wher ave their homes.
You kno ed more clarity myself. I just don't
think --you know, ow it's important. I know it's important for
Commissioner McDaniel. And that being said, it's important. So I
think we need more information before I move forward. I'd just feel
more comfortable.
CHAIRMAN LoCASTRO: Commissioner Hall.
COMMISSIONER HALL: I can definitely see the need. At
Page 42
March 28, 2023
the same time, it's a private road. So I can see two ditches on both
sides. One ditch being if you don't maintain your road, you don't get
any services, and that's got to be fine with you because that's your
choice. It's a private road.
Then the other option would be, if the county fixes it after the
fact, like we've mentioned, it's very expensiv and then everybody
would have to pay for it.
The third way is you have opt-out
out. Well, what if I'm at the end of
ow, you can opt
of my neighbors
maintained. in front of me, they don't opt out.
Well, the road's going to be mai
those questions.
And then the other t
everybody pays it, and eve
that way, like Ms. Penner sa
taxes are going t
I don't kn
So there's
od
t, then again, if it's
I know that my
e questions.
today. I think that
discussion. Maybe to come up
ortionate of --you've got all
say oney." It's a little bit of
mon omes 1 , maybe a rating system on
determ1 s ar worst and maybe putting that money
out based roa is in a percentage basis so that other
people don't have all the burden for fixing roads that
they're just bare to use.
What is the ac expense that we think we're looking at versus
the money that we think that we're going to collect? That's --those
are questions that I wouldn't want to put this in motion for a year,
then try to figure it out without knowing that up front. We have an
idea. We have ways to look at the roads to determine which roads
are bad. You can do it by drone.
Page 43
March 28, 2023
And then we get an idea of the money that we need to spend
versus the money that people --you know, we have an idea of who
would opt out: People on paved roads, people that are maintaining
their roads. Those are just questions that I have. So I would like to
see some of that answered before we actually just get in and dive in
and make a decision on the MSTU.
CHAIRMAN LoCASTRO: Someti
maintain the road to a much higher qua ·
know, four-wheel-drive vehicles int
an ambulance coming down the r
responds to a house in a semi, y
put a heart attack victim in the bac
know, they hate speed hu because
hospital at --in record tim
you know, dirt roads or unfi
So there's a ce be
and forth to P
Kowal, they'll g
the bac amo
NC R
hen people say, I
t they also have, you
at' s not the same as
ambulance
ad and they
you,you
ng to o the
w, driving through,
ot.
oad to go back
said, Commissioner
want my grandma in
o IV bottles trying to get to
n a road at 25 miles an hour
kh or pot les or it's inconsistent. You
know, t
stretch of
that's why I l<
So I need t
def er now, again, t
comments.
sing the good dirt and then they hit a
ed ou , you know, that sort of thing. So
it back to consistency.
s filled in for me, for sure, and that's why I
ommissioner McDaniel, who's heard our
And, sir, the floor is yours.
COMMISSIONER McDANIEL: I have, and I share the
concerns. And I'm going to make a proposition that we approve this
item subject to the opt-out policy, and that's my --I'm not --I've lived
Page 44
March 28, 2023
here for 42 years. I used to be in the road construction business. I
have an idea as to what these things should cost. I've seen what the
county has spent in these emergency repairs.
I'm not --the goal here is to start the process. I would like to
solidify the opt-out provision very similar to what Commissioner
Saunders brought up. We have to --we can' ave one guy over on
Della say I don't [sic] want to be in and th of the people not be
in. And that's going to ultimately --a heard, there will be a
committee of non --you know, EMS ecause that's the
premise of this is traversability b nd Sheriff, being
the committee to make the decis ocess.
And I'm totally okay with tigli oing to put
a lot of thought into gene of the s and proce es behind
the scenes if we don't have e don't have something
for them to actually act on. comments that I got
out of them --w keep pointing at
me.
December
COMM
ma'am. Thank
ural purposes, with an MSTU,
ith establishing the MSTU,
ria before the MSTU --
Sure.
be established, because you've got a
e to make it effective October 1 of '24.
cDANIEL: I'm well aware of that, yes,
I'm --my thou process is, if you're okay, let's approve this
subject to the staffs rendition with regard to the policy for the opt-out
to allow for clarity there so that we have a process in place and then
make a final determination as to whether we approve or not based
upon that.
CHAIRMAN LoCASTRO: Commissioner Hall.
Page 45
March 28, 2023
COMMISSIONER HALL: Just because I don't know, is there
a way to raise the millage on the really bad roads and lower the
millage on the decent roads, or is there a way, if you tax everybody,
to set aside, like, in a fund or a savings account for the people that
maintain their roads that don't have very bad at all? I'm trying to
figure out a way to make it fair for --if ever): dy pays in, to make it
fair for the services that they're going to g
COMMISSIONER McDANIEL: answer that question
·11 allow for that. very specifically, that's --the opt-
People --like the lady that calle
have friends that have paved th
ved road. I
One of the seven-mile sw --well ' Procacci's --Gargiulo's
be --they can opt out.
Once we hav e
think the equi
pays a little
set it at a hal
ifw
prop
C
we're missing a
add or --
o the 't need to
r it to be fair.
opt-out provision, I
n. Everybody
osed that we cap it or
a determination based upon our
e this forward. I don't know
rovision. Is that a --is that a
STR : I don't personally love that,
ders, I just want to def er to you just in case
ents you have. Do you have anything to
COMMISSIONER SAUNDERS: I think we have plenty of
time to get this done thoroughly as opposed to adopting this today
and then coming back at some point with some opt-out provisions.
I'd rather see the whole package. I think that's really the best way to
do it.
Page 46
March 28, 2023
So I would urge Commissioner McDaniel to get with staff.
Staff will put together anything we ask them to put together. They
don't have to have an ordinance that's approved in order to go back
and work on an opt-out provision. If we say to them, we like this
proposal, but we want all of the details put into it so we can --we
know what we're voting on, you'll get that pr uct. So I would
suggest continuing this for a few months
worked out.
CHAIRMAN LoCASTRO:
the --and we don't have the lan
language or if it was convenien every
taxpayer in this room, we all y goes to
things you don't use. Y ration, may you never
go to the beach, you kno prove a road that you
never drive down. o e that sort of luxury.
So to me, i e're deciding
collectively th r around your house
or even if you u 't see that as --I just think that's
a bad --ante erent of a topic. But when
peoP, rove things around them. If
they to buy e good dirt and they have the
good tr ain you know, the area in front of their
house, the y've chosen to do that. But to me if we
make a decis1 be something that's, you know, more
cohesive, more entary across the board. And some people
are going to pay, a ey may not get the full advantage of their tax
money being utilized right in front of their home, but we pay stuff
every day that you may or may not see, but it's for the greater good.
That's how taxation works.
I'm not a big fan of overtaxation by any stretch, but I'm a
fair --I'm a fan of, you know, more fairness. And some might say,
Page 47
March 28, 2023
well, the opt-out is the thing that makes it more fair, but I think we're
sort of splitting hairs on, you know, did this one house use the good
dirt, and they're the bottom of the list, so maybe they shouldn't pay as
much, and that's where I agree with Commissioner Saunders, I'd like
to see it sort of fleshed out. And I'd rather approve the whole
enchilada than sort of approve it and see the tails. I probably
could be talked out of that if there's pieces issing. But I kind of
like it the way of just, you know, bring whole thing.
And I'll def er to --Commission en lit up, and then
Commissioner McDaniel, sir, I'll, u chime in. So,
Commissioner Kowal.
COMMISSIONER KOWAL:
I just want to make
anybody. I was compa
vote on it toda . t'
CHAI
COM
to, ifwe do
com
go1n
implem
. nng
looked as that if I
o say.
"ty.
ve a point, and it goes
er McDaniel, and the staff does
ogram, I mean, is that
1 uss to implement, or is it just
y come back with, is going to be
CO The premise of my
motion --an the motion because we don't have a
second on it any nd I'm going to make another motion to
continue this item, ten up what Commissioner Hall's brought out
to get some estimates and formulation of what the actual costs are,
get some estimates onto how many we can do, worst first, so on and
so forth. Actually have a policy developed for the opt-out provision
so that there is an equitable portion of this and so that it's fair.
The goal here is for it to be fair. We have the circumstance
Page 48
March 28 , 2023
that's been going on in our community for a millennia, and this is an
avenue for us to traverse to get there. And I'm totally fine. Really
appreciate the conversation. For those of you who don't know, we're
barely allowed to be friends when we're not up here and Terri's not --
CHAIRMAN LoCASTRO: I'm not your friend.
COMMISSIONER McDANIEL: --he . 't, but Terri's writing
down all my misspoken words and that T\Z; n, we're barely
allowed to say hello to one other and n violation of the
Sunshine Law. So we can't get --w the back chambers
and huddle up and decide how to f these things.
So I really appreciate the di otion for
continuing this item, and when I ge d up, I' ·ng it back.
CHAIRMAN LoCA 0: Sec 11 in favor.
COMMISSIONER ye.
COMMISSIONER Mc
CHAIRM STR
COMMI ow~
COMMIS UND .
C A
for it to
co
QUES
time-certain, bu
CHAIRMAN
ed?
passes unanimously. We'll look
mo etail. Thank you , sir .
cD NIEL: One step at a time.
TORNEY: Chair, we're at our 10:00
so close to our court reporter break, so ...
CASTRO: Yeah. Let's take a little --the
break's a little bit earlier, but then we can at least hear everything
cohesively. So we'll come back here at 10:30.
(A brief recess was had from 10:18 a.m. to 10:30 a.m.)
MS. PATTERSON: Chair, you have a live mic.
CHAIRMAN LoCASTRO: If everybody could take their seats,
Page 49
March 28, 2023
we can get started on time. Thank you. Please ensure your phones
are on silent, and we'll move forward with our time-certain 10:00.
Okay, County Manager.
COMMISSIONER McDANIEL: At 10:30.
Item #lOA
DIRECTING THE COUNTY ATTOR
BRING BACK FOR A PUBLIC HE
ESTABLISHING THE COLLIE
BILL OF RIGHTS, AND TO A
HEALTH FREEDOM RESOLUT
ORDINANCE AND BR ACK
MEETING BY COMMIS HAL
COMMISSIONER MCDA RO
CONTINUE RE ION
COMMISSIO · SE
MCDANIEL-D ---
0 ADVERTISE AND
ORDINANCE
TH FREEDOM
COUNTY
VERTISE
RE
NDEDBY
OTIONTO
EETINGBY
MISSIONER
Com rs, your time-certain at 10: 00,
dation o direct the County Attorney to
adverti ublic hearing an ordinance
establishin ounty Health Freedom Bill of Rights and to
adopt the Co Cou Health Freedom Resolution. This item is
supported by Co ner Hall.
CHAIRMAN CASTRO: I'm going to make a little editorial
before we start, a little something different.
Citizen input is so important in meetings like this, and we're
about to get citizen input on both sides, okay. We also get hundreds
of emails from citizens and have in the last 24 hours. So just, as a
citizen myself, back to the citizens in this room, people who might be
Page 50
March 28, 2023
watching or somebody that's going to take what I say and cut and
paste it and put it somewhere to just maybe get out some more
information, 500 emails all saying vote no, period, not signed by
anybody, it's from tiger167@gmail.com, is highly respected and
welcomed by me, but it doesn't add to the discussion.
So if you're really for what we're about t talk about or you're
really for the road --you see how people c p here and
eloquently spoke about the plus side an inus side. Interaction
with your elected officials, knowled ils about why you
feel a certain way --even if --I'll · If I adamantly
disagree or I'm totally uncertain, 1ng
here --I can just speak for me, but at least
has a few sentences as to ou're t vote
The way local govern rks is ball game. It's not
a scorecard. I don't sit here 00 emails for.
They were all c sted i omebody who set
up an automat go mails against, so I
definitely shoul ebody's going to put a bomb
under Th works.
that
regar
waiting . . on previous 1
o e in this room on both sides
ecause, over the last couple of weeks,
utc is --and I have no idea because I'm
ent so much quality time with us, and even
So, you kn I tell citizens is, you know, thanks for
sending me your c nd-paste one-liner that just says, vote no, I pay
your salary --but that's not how local government works, or that's not
how it should work. That's not the most efficient way.
So if you're going to come to the podium, you know, I really
appreciate that you're here. To citizens that sent us 500 emails and
all said, you know, vote no or vote yes but I can't be there, you don't
Page 51
March 28, 2023
have to be here. All --I replied to every single email, and what I
said was, I just hope somebody that represents your position is here,
because the reality is, this is kind of a court case, and we're hearing
from both sides. So if one side has 100 people that took the time to
come here and they're going to give us slides and facts and details
and subject-matter experts, it does behoove): that if this is such an
issue you are passionate about and you fil y email box with 500
cut-and-paste emails, find three people e retired who can be
here for an hour or two so that your s pr ly represented.
I mean, some of the emails got said, I can't be here,
so I know my voice isn't heard. your voice is d, but get
organized in a collective group bee the fina . All the
discussion for the last tw ks or m egardless o at the
topic --if it was the paved whate · t is, this is the Super
Bowl. This is the finals. n something.
And so, yo best you can to
send us a coh er aniel? --eloquent
email that t you feel a certain way --and so
this is ooves you to try to come to the
fina you see, you can call in,
righ ear from you or the group that
repre
So
our fingers in
this is just all s
important piece, bu
comment.
ortan piece. So this isn't us just putting
d we've already predetermined a vote, and
mirrors. Public comment is the most
ow you do it really determines the value of the
I've gotten emails from one person that felt like it was 100
emails because it was so well thought out. You know, it wasn't
overly verbose, but it was really hard hitting, and it really caused me
to think. And not just --not on this issue. Lots of issues.
Page 52
March 28, 2023
And then I've gotten other ones that just said, topic: Vote no.
Vote no. Everybody wants you to vote no. Nobody thinks this is a
smart thing. And I'm talking generically now. That's your right and
I respect it, and I reply to every single one of those emails, and I
think my colleagues do as well, you know, when we can. But the
reality is, you know, citizen input comes in y forms. This is a
very important piece, because it's right be vote.
So if somebody sends me an emai everybody feels
this way on this issue, and then nobo resent that group,
I mean, I'm not saying we make a nd say, well,
they didn't have anybody here, s t. But, you
know, if you're telling me personal u send
me 500 cut-and-paste em e and
sort of summarize your lar ou know, piece?
So, you know, I just ch nd just --whether
you guys know· we h 300 emails saying
no, yes, no, y xt, mments, no
sentences. way, sometimes, when you
have x from somebody that really
nee o hey need help with a building
pe --an , ou know, it's buried under 400
ema1 ut a aste off of Face book or social media.
So, just my editorial. I appreciate the people
that are her e the people that have sent us emails,
whether it was r detailed or long or not, but there's very
valuable ways to d to help us make a smart decision. And so I
appreciate those that have taken the time to do it. And, you know,
we're going to see local government at work right now.
Having said that, let's see, what do we want to do? Do we want
to go to public comment first, or do you want to hear --
COMMISSIONER McDANIEL: Go to Commissioner Hall
Page 53
March 28, 2023
that brought this forward.
CHAIRMAN LoCASTRO: Oh, okay. Well, I didn't see him
lit up but, like you said, he sponsored the thing.
Commissioner Hall, the floor is yours, sir.
COMMISSIONER HALL: Thank you, Chairman.
So I brought this up because this is a hi emotional topic.
Everybody on both sides is super passiona nd when I ran for
this job, I campaigned on this job speci --when people said,
why would you want to do this? I s · wan to do this because I
didn't want to be told what I shou and what
And I emailed the current c
a certain way, I'm goin to run
against him. He went
the main and sole purp
done government.
would be here
if you vote
to run
er ways. t that was
·ob. Because I've never
--I ever thought I
role of an elected
official is to p f the constituents, of
the people.
An OVID --you know, COVID
was ot trying to dig up COVID
and tit wa a time that we went through,
and we from the mistakes that we made.
It wa did not know. And so decisions were
made an a ken that benefited some and didn't benefit
others. And ld like to make sure here in Collier County is
that everyone has t ight to choose their health freedom, their
health choices based on what's good for them.
I don't want to take away anything from anybody. I want you
to be able to listen to your doctor, do what your doctor says. I want
to be able to listen to my doctor and do what my doctor says. And I
don't want to be --I'm not going to judge you for one, and I don't
Page 54
March 28, 2023
want to be judged for mine. It wasn't that way.
And so hindsight being 20/20, I want to learn from the mistakes
that I feel like was made from government, from authorities. And I
want to make sure that that's --those mistakes are never made right
here in Collier County.
So I don't want to --you know, I'm nots ing that you can't
believe in science, and I'm not saying that
I'm not saying anything with this ordin
ave to reject science.
This ordinance is basically taki
Governor Ron DeSantis created a
and reiterate those ordinances
the Health Bill of Rights Freed
The resolution is a
see us adopt for anythin
coming in the futu h
given to us b
rights. The
Our rights ar
I'm s
atutes that our great
nt to make those
if we see something
1 rights that are
sn't give us our
e us our rights.
, 1f that harelips you,
e gotten emails that said,
docume
me that th
ow, t God gave us rights. Document to
And, yo
on Godly princi
I'm not ashamed to
that I'm taking.
dhimself.
live in America, and America was founded
I would like to see those continued here.
it. I'll say it boldly. And that's the stance
So, you know, the things that stuck in my craw, and the reason I
want to bring this forward --and I'm going to be brief. But it was
like, Dot, we thank you for your business. Your business has been
amazing here in Collier County. For years you've been a great
Page 55
March 28, 2023
service to this country --to this county, but, you know, through this
COVID thing, we're going to ask you to close your business because
we deem you nonessential. You know, you're not that important.
Well, that's her livelihood. That's not right. That's a violation
of liberty that's been --that was mandated from authority.
You know, Scott, we appreciate your w , sir, you know, being
with our company. You've been with us years. You've been
a stellar employee. Man, you've adde bottom line, and
you've been a great value to us but, at, unless you get
this vaccine, we're going to have
You know, unless that --yo
liberties --freedom's chaotic, peop
have the freedom for eve y to ha
have to do that to protect e . Y
don't. That's freedom. Bu
freedoms of oth
Freedom is th
job as the gove
--those
ught to
ore ody to
ng peop e if you
nfringes on the
my liberty.
r all, and that's our
g this ordinance forth.
ions. I'm looking forward
. And I was voted by
I'
to he
70.1
was runn1
that.
, t at was 27,501 votes. And
ed on doors and I told them why I
eople say, well, I don't agree with
got being in opposition is not the majority
of the people that talked to, so --
(Applause.)
COMMISSIONER HALL: I want to --I want to bring this up.
I want to have --I want to listen to the public comment, and I want to
have great conversation with --amongst my colleagues, and
hopefully we can do something positive for Collier County.
Page 56
March 28, 2023
CHAIRMAN LoCASTRO: Commissioner McDaniel.
COMMISSIONER McDANIEL: And I just want to make one
very clear point. Today we are not voting on the ordinance. We are
voting on bringing the ordinance back at a future date.
COMMISSIONER HALL: Good point.
COMMISSIONER McDANIEL: Toda we are voting on the
resolution, so --and I'm totally in support nging the ordinance
forward once I've had an opportunity to the ordinance that's
going to come forward.
I haven't personally spent an
be very clear that we're talking t
going to vote on bringing back the
d I just want to
but we're
te, and
we're going to vote on, ot the reso
CHAIRMAN LoCA Such a point, and it
piggybacks on what I said a
people saying, v
at today's age
And so I w
ils we got from
ow if they looked
nd I don't say that to disparage
on of emails that said, please
government to tell me what
ts, an that's sort of a little backgrounds.
That' n ying I know all the answers here. I
look fo ssion. But, you know, when I read
something li e pull these all-nighters to read these 500
emails or, you dreds of emails, I'm also looking for a
citizen to know a h bit about the topic and not just sort of cut and
paste something because they read something on the Internet.
And just like Commissioner McDaniel said, look at what we're
voting on today. We're trying to take a methodical approach. We
want to hear from both sides. We're not here to just do big knee
jerks or take scores on how many emails were for or against but they
Page 57
March 28, 2023
didn't really understand the topic.
I mean, you know, I got 100 emails that were written in the
exact same font, the exact same italics. I mean, so that's something
that's totally automated. Fine, great. But if you read the text, it was
somebody that obviously --I had people that sent me a note and said,
where's the meeting? Okay. You know, w eet here every other
Tuesday. It's a county meeting. So, you , if you're that
involved in your local politics or you w e, you know, maybe
Google something before you just so t an email.
But Commissioner McDanie lease read what
we're actually discussing today, out of here
and changing some big giant polic
this is the start of discuss· bout a t mm1 er Hall
said, that's been on all of o mething that we've
learned a lot of lessons on a ' 1 conclude by
saying, some of n all the county
comm1ss1oner
Citizens th
do you
desir
Cou
agenda
it's not am
and Commis
going to allow t
works.
ea a.
d how local government works,
Not by our own particular
articular commissioner or the
t of di erent avenues, and this is --our
t by · en input and our input as well. But
·ng, well, I know the citizens want to hear it,
upported it but, you know what, I'm not
t's not how the United States of America
So I've been deployed to some countries where it does work the
other way. But the way it works here is citizens build this agenda.
So if you're a citizen out there and you have a really hot topic that's
different and you want to see it discussed in here, it can be, and this is
the way it's done.
Page 58
March 28, 2023
So nobody's force feeding anything on here. It's citizens who
brought this to the --to these podiums, citizens for --on both sides.
And that's why we're hearing it and, obviously, they've spent a lot of
time with us.
Commissioner Hall, and then Commissioner McDaniel, and then
we're going to go to public comment.
COMMISSIONER HALL: Thank):: r. Chairman.
olution. The I just want to say something about
resolution, the way it's written, is w at if things change.
resolve to take a If they change like they --like the
certain posture. It's not --we're
not just --we're not saying they're
are accusatory, some oft
true. So we're not taking
are. We're saying if things
have the potenti e at
actions. So j
way things are r
if this si tu
atements are
know, e of them
, and some o hem are
ments as the way they
ome at us like they
vin take certain
saying that this is the
what if things change? What
ner?
to Commissioner McDaniel's
poi what's writing, okay. What are we
<loin om dation to direct the County Attorney
to adve k for a public hearing an ordinance
establishin ounty Health Freedom Bill of Rights and to
adopt the Col Health Freedom Resolution, sponsored by
Commissioner Hal , d it affects all districts. So he might be the
sponsor, but it's something that's district-wide. So, you know, if
somebody sent us an email but actually didn't read what we were
doing here today, you know, maybe that's just a little point of order.
Mr. Miller, how many public comments do we have?
MR. MILLER: This number's been a little fluid throughout the
Page 59
March 28, 2023
morning, but I'm going to say 30.
CHAIRMAN LoCASTRO: Okay.
MR. MILLER: It's right around there. Are we ready?
CHAIRMAN LoCASTRO: So my colleagues, do you want
to --is public comment --
COMMISSIONER McDANIEL: Let's ck on.
CHAIRMAN LoCASTRO: --like, st way to start?
Okay. Let's --
MR. MILLER: I'd like to rem·
at both podiums so we can move
Meo, Jr. He'll be followed by R
MR. MEO: Good morning,
First one out of the box.
Hey, I'll take less tha
basically --I'm not an expe
my gut tells me. as I
people --man
it. I'd remind t
Indepen
to please queue up
peaker is John
eo,Jr.
And I'm here,
I will say this, what
nee, most
ce 't have much teeth in
t the Declaration of
ance.
vernment has overreached for
verrea ed in every aspect of our life,
hether it's education of our children,
e su dect is. And my understanding of the
Constitution, ent has never had that right or that ability.
It's been settled people.
So I would as e commissioners to consider approving this
resolution because my belief is we need to change the direction of
what's happening in our country here. And you, as elected
representatives, have that ability. So please consider this resolution.
It's very important to many people in this county. And I thank you
very much for your time.
Page 60
March 28, 2023
CHAIRMAN LoCASTRO: Thank you, sir.
MR. MILLER: Your next speaker is Ray Nord. He'll be
followed by Scott Kiley.
MR. NORD: Good morning, Commissioners.
Commissioner Hall, we don't know one another yet, but we will,
I assure you.
I'm here to ask you to not approve thi
ready to be advertised. It's incoherent.
statements in it. It misquotes the U.
that? The embedded quotations
to the Constitution that I downlo
think it's not ready for public adve
I found it, as I said, ·
should --but I have a mor
remember that I addressed y
county for the b · · hts.
I don't think t
tion for --it's not
lot of unsupported
· did you know
ast accordingly
So I
nky
some of you will
ct of the sanctuary
, and I say again,
e U.S. or the
ing it. That is not in
ou ought to take careful note
do that.
t to m e to you is that the resolution,
as it is nt that I have, had a lot of hooks for
unintende . And unless you scrub those very
carefully, yo find yourself on the backside of some of
these issues uns , but you're going to have to def end why you
adopted these poin s a resolution.
So I urge you to not approve this going forward. Thank you
very much.
MR. MILLER: Our next speaker is Scott Kiley. He'll be
followed by DeAnthony [sic] D'Agostina. Mr. Kiley's been ceded
additional time from Mary Alger. Will you please indicate your
Page 61
March 28, 2023
presence, Mary; raise your hand.
MS. ALGER: (Raised hand.) Right here.
MR. MILLER: Thank you.
And Jill Kiley.
MS. KILEY: Yes.
MR. MILLER: So she'll have --or, ex e me, Mr. Kiley will
have nine minutes.
MR. KILEY: Good morning, an
My name is Scott Kiley. I'm a resi
member of the COVID Tyranny
approve a public hearing on an o
rights and freedoms of Collier Cou
Collier County Healthcar edom R
The ordinance will a
eliminates preemption issue
Tallahassee, and
details.
For ex
out th
kno
the
on.
ou, Commissioners.
Island, and I'm a
you vote to
the healthcare
pt the
atutes, and this strategy
tutes get passed in
re of the beneficial
ave the ability to opt
tions. Employees do not
pt out of vaccinations when
Jection to keep their job.
activists
here that mirror state statutes,
head on and train our citizens so
that they kno
consent. We ar
and we are inf orm1 .
s and that they have true informed
ing anyone anything, but we are educating
By having our own ordinance, we will also highlight state
statutes that the citizens believe are unconstitutional. An example,
current Florida Law SB2006 allows the state health officer to use any
means necessary to vaccinate or treat the individual. Well, what if
the vaccination is experimental? What if there is no informed
Page 62
March 28, 2023
consent? What if the vaccination kills?
Now, amazingly enough, over the past three years this exact
level of tyranny unfolded on Collier County citizens, and most of
what the public health officials told us to do was wrong, caused harm,
and caused death. Obviously, this is a law we must change.
We will also vote on a Health Freedom solution that states
our God-given human rights. Over time
state statutes that are harming Collier C
of the resolution include: No medic
free society, there's no place for
No discrimination. Inform
is a foundational item found in the
atrocities of World War I
se this to change
itizens. Ten elements
nee. This
ing the
The right of personah t right. We need
that right. That right shoul
Washington or :D
The right e. This is where we
reject the W orl
Th to n The right to a mental health
rev1e The right to a medical
advo o unla ful quarantine.
Co is is future we should all want to leave our
children a ildren. These basic human rights are
protected i · on. When pharma companies have zero
liability and ause harm, including death, our
constitutional right ife, liberty, and happiness is being severely
violated. Is --Big Pharma and the FDA and the CDC, are they being
honest?
Let me connect three dots showing that the pandemic was
100 percent completely avoidable. Number 1, therapeutics to
effectively treat COVID were known and available from the very
Page 63
March 28, 2023
beginning; No. 2, with therapeutics known, effective, and available,
no emergency-use authorization can legally be granted. With no
EUA, no vaccine is ever produced. And, No. 3, with therapeutics
rolled out, there is no significant death toll, there's no necessity to
lock down the county or country. There's no closing of churches.
There's no destruction of small businesses an most importantly,
there's no pandemic.
We must assure this never happen
You see, we want to trust Big Pha
after the past three years, how ca
call this level of deception when
lives, mothers, babies, and our fine
pushing the vaccination.
So why did this happ
but the main reason, I believ
International He ulatio
give the Worl
in Collier County.
nd the CDC, but
? What do we
kills innocent
they keep
ney power, corruption,
e details of the 2005
difications that
You see, been about creating a
centrali e globalists find our
cons tates, mandates, and desired
auth nity t ough their great reset.
Le the proposed changes to the IHR
treaty. I ns go through, the World Health
Organization anges from advisory to a governing body
whose proclama uld be legally binding. Commissioners, the
translation, the Wo Health Organization becomes a global
totalitarian medical police state.
Number 2, they will make binding policies on scenarios that
merely have potential to impact public health. Well, this is
perpetuating a constant state of fear around the globe.
Number 3, they will remove respect for dignity, human rights,
Page 64
March 28, 2023
and fundamental freedoms of the people. This is the destruction of
our God-given rights and the destruction of the U.S. Constitution.
Number 4, they will institute a system of global health
certificates via digital IDs and vaccine passports. This is Nazi
Germany all over again. We remember, "Show me your papers."
Last, it greatly expands the World Healt Organization's
capacity to censor what they consider to b information, and that
is frightening. Censorship, of course, · ath of any free
society.
Now, some good news. In
ordinance being proposed today,
W .H. 0. and/ or any other intematio
Time is running out. W ot wait.
of those who imposed the
doubling down in an effort t
every fallen sol · fough
must stand up ck, o
from the
tact today.
ye that all
ny, they're
our freedom. For
al republic, we
Commissio ing tH ollier County Health Freedom
Resolut · It outlines fundamental
God-
fund
itution. It promotes
omy, ding mandates, and ensuring
om doctors and patients working together
once again erence or persecution. The resolution is a
statement of o do better. It is a statement saying that I
acknowledge m1 ere made. It is a resolve in saying we will
not close businesse ithout due process. We will not quarantine
the healthy. We will not support tyranny from above that violates
our constitution. We will not separate loved ones at their time of
death. We will foster free speech that allows doctors to share
openly. We will not so casually close our schools. We will seek
the truth and not propaganda.
Page 65
March 28, 2023
We will never force experimental medical mandates, and we
will never again allow doctors and hospitals to deceive patients
withholding information vital to their health, and we will not coerce,
shame, mandate unproven medical treatments on our unsuspecting
citizens. This resolution is not a law. It is a statement aspiring to
do better.
Most importantly, as I close, we have
up that is unstoppable. When the gove
undermines our Constitution, God c
Constitution states, we the people
ssroots efforts rising
acts in a manner that
the U.S.
learly state we
uthoritarian will not comply. Compliance b
control. As you know, govemmen
secure the rights of the p
Commissioners, plea
army of citizen activists ca
County across t nd ac
citizens. Prot
Commissio
the heal
and
in history. Let the
ccess in Collier
rotect Collier
ect onstitution.
resolution today and advance
· c hearing. Thank you.
r is DeAnthony D'Agostina,
rman.
eded three additional minutes from
Lisa Hu
(Raise
MR.MI
Mr. D'Agostina.
d she is present in the room.
DR. D'AGOSTINA: Good morning, Commissioners. My
name is Dr. Anthony D'Agostina. I have lived in Naples since 1970
when our family moved here from Cleveland, Ohio. I'm the fourth
of seven children. I am currently married, and we have three boys
who are in their 20s and one who is 18.
Page 66
March 28, 2023
I did undergraduate education at the University of Notre Dame,
medical school at the University of South Florida, and my medical
training at the University of South Florida.
I have been classically trained in internal medicine . I've been
board certified for over 26 years, and I am a fell ow in internal
medicine with the American College of Phys· ·ans.
I will start by saying that what I've w · ed and seen happen in
the medical field over the last three yea thing short of
devastating. After investigation on ic, I can only
surmise that the cause of this is B · arma. control
everything. They control the m al education tH h the medical
schools, the hospitals, and our heal
The only reason I be that th1 e they
some other control our government th bbyin ,
sources. It has always been vaccinations, new
tV e been out for a vaccinations, to
year or so so
benefits or the r
have be
creat
scramb
anecdotal
e o tients about any
which seemed --it seemed to
rst came out, I found myself
cou o for my patients. I read a couple of
ew ngland Journal of Medicine regarding
as using combination therapy to treat the
is includes a macrolide antibiotic, a steroid
pack, and an antiv1 everyone knows as ivermectin or
hydroxychloroquine which, until the pandemic started, were on the
list of necessary drugs by the World Health Organization, but for
some reason it was removed, you know.
And I would argue --I would try to prescribe this for my
patients, and I would get into arguments with pharmacists about who
Page 67
March 28, 2023
is responsible for the patient's life. Because they refused to dispense
the medications even though they've been around forever, and we
know the risks and possible side effects.
Nevertheless, we were able to find a few pharmacists with open
minds who were able to prescribe what I now call the McCullough
protocol designed by Dr. Peter McCullough a number of my
patients. By the way, as an aside, Dr. Pet Cullough is the most
published internist and cardiologist int · try, and he's been
defamed and censored and all the ot t happens to good
doctors.
To date, I've treated appro
COVID-19 with this protocol a
hospitalized and nobod
recovered.
From the sta £
and should be
influenza, if n
become worse t
viral pn
in a closet
most of them
ery much like the flu
r a long time that
metimes can
p in the hospital with
rtality initially with COVID
· c nihi sm where patients were initially
ou H COVID. Go home and lock yourself
bo y on the earth. Well, needless to say,
ck at the hospital with viral pneumonia.
these past two-and-a-half years with
successful treatme rotocols that have been used, such as the
McCullough protocol, the FDA finally admits that COVID should be
treated very much like the flu.
The other interesting fact is that suddenly there were no cases of
flu for two-and-a-half years, everything was COVID, which is --I
find hard to believe because the flu's been around for 100 years, and
Page 68
March 28, 2023
it's making a resurgence this year, okay. That was my aside.
But it would turn my stomach every time that the news
mentioned the vaccination and Operation Warp Speed. In my
opinion and from my experience, this is absolutely not necessary.
That said, in my practice, even though I advised patients to the
opposite, I've witnessed at least four patients o suffered death after
multiple vaccinations. One patient was 4 rs old and suffered a
hemorrhagic stroke. I've had several ~ develop cancers
completely out of the blue. One pre · sly hy patient
developed pancreatic cancer and ead with1 · months.
I had several female patient 11 in a
cluster after having repeated negatl ast.
There are several --s re ng this,
including one that I call i tion because of how
the vaccinations work, whic other talk.
Another pr had w eco endations was the
social distanci · ng, which is
absolutely illog1 Yiew studies have always been
availabl o not provide any more
m that's provided you by the
ng behavioral changes, as we have
old and flu season, is all that is really
necessary. 6-foot distancing defies common sense, and
its origin was ve cious. That said, it breaks my heart to see
children wearing m sat school. There have been several studies
that demonstrate that this causes significant problems with delays in
behavioral growth, okay.
As a final point, the shots have been so ineffective at preventing
COVID that recently most patients that are admitted to the hospital
with COVID have had a history of multiple shots. This is not the
Page 69
March 28, 2023
case with patients that have natural immunity. I would add that I
have been exposed to COVID and have displayed strong natural
antibody and immunities to COVID. Because I refused to get the
shot, at Naples Community Hospital my privileges were denied for
18 months where I couldn't visit my patients even if they were
hospitalized with COVID.
When Johns Hopkins and the CDC a
their studies that natural immunities are
and powerful at preventing COVID
one of Dr. Fauci's shots, the hosp·
privileges.
I must say that it has been a b1
it has been heart breakin use wh
transformed medicine.
dichotomy of ph · ·
demonstrated in
·mes more durable
you can get from
and restored my
er, mostly
ed ally
we have a
ave corporate
p ices who are more physicians wh
concerned ab
other hand
oin at is right, and on the
to in
thes
thinkers who make every effort
benefits of COVID or any of
cinatio s, because a vaccine, as we all
ose prevent illness. In addition, it is
amusing angecl the definition of vaccine in order to
satisfy the1 multiple repeated injections.
The sad andates is that it has destroyed the
doctor/patient relat ship. I am a member of the AEPS, and we
wear these black ribbons to symbolize the death of the doctor/patient
relationship, because the trust has been taken out of the relationship
with the media, et cetera. And --
CHAIRMAN LoCASTRO: Doc, please wrap up.
DR. D'AGOSTINA: I will.
Page 70
March 28, 2023
CHAIRMAN LoCASTRO: Thank you.
DR. D'AGOSTINA: Okay. I thought I had three minutes that
was given to me.
In closing, I cannot overemphasize the need to pass this
resolution. Mandates are unconstitutional. Every medical treatment
or procedure has risk. When there is a risk, ere must also be a
choice unless we reproduce the practices a . Josef Menge le in
Nazi Germany. I thought that the Nur trials put an end to all
of this.
There is no place for medic a
There's not much more that I co
forever about this. Thank you mu
your time.
MR. MILLER: You
followed by Dr. G
Mr. She
Kohlhagen.
MR.K
e society.
d speak
ch for
He'll be
Darwin Brandt.
e'll have a total of nine minutes.
I don't think I'm going to take nine
minutes.
Thank y working with us. I really appreciate it.
My name's Scot n. I'm representing today, as a bioengineer,
Dr. James Thorp. e were trying to get him to call in with his data.
He has some very powerful data and, unfortunately, due to technical
issues, he was unable to call in, and so I'm going to present his data.
Now, Dr. James A. Thorp, he's an OB/GYN and maternal
fetal-medicine specialist out of Gulf Breeze, Florida, so he is local;
semi-local. He's in our state. And the study he was going to
Page 71
March 28, 2023
present is called COVID-19 Vaccines and the Impact on Pregnancy
Outcomes and Menstrual Function.
Now, the beauty of his study is --I spent 35 years as a
bioengineer --and he has a multi-center study that's done in George,
Colorado, Alabama, California, and Missouri. And they started
studying the flu vaccine in pregnant women i 1998. So he's got
more than 20 years of data studying vacci pregnant ladies.
And when they released the mRNA dat up like a Christmas
tree with his standard protocols and thin So this man
knows vaccines. He knows preg
And let me list some of the
Menstrual abnormality, miscarriag
growth restriction, abno etal testl
preeclampsia, preterm pre
delivery, and fetal stillbirth.
percentiles goin
which is the
t up.
rs, fetal
amniotic d,
e membrane, premature
e in the thousands of
-ce r randomized study,
y an have.
He al
colla
4 independent sources
ountry governments and mini
acks this up.
't kno if you guys know statistics, but
when y ye rior and all the vaccines, you know,
we had ki of a out five or six problems per thousand
women, and u --in the U.S. population, when the
mRNA technolo eleased, it went up to a 40 sigma increase.
Now, a 3 Sigma in ase puts you in the 98th percentile, so just think
about that. We're off the chart here with these problems with the
mRNA technology in pregnant women. A very strong study.
When you include the Canadian data in this, because they were
mandated to get the vaccine, it goes up to 300 Sigma or 100 times
more than something that would be astronomical in a statistical
Page 72
March 28, 2023
world.
So what we're seeing here is the mandates just completely --of
this have completely taken away our freedoms and caused harm and
death, significant harm and death to our most vulnerable population:
Unborn children and pregnant women.
So it's important that you guys protect t e freedoms. Pass
this resolution, pass this ordinance on to b
protect these freedoms, because the gov:
medicine should not be dictated by a
nongovernment organization, a
should be decided by the patien
should not be able to get in the
relationship. Insuranc
can treat their patients.
failures we've see
ed, and, you know,
aren't right. Our
any
ation. It
spitals
t
a how they
n from these
Thanky
(Applau
MR. ker will be Dr. George Yiachos,
ston.
three
(R
MR.
DR. YI
ng that right --has been ceded
of six minutes.
ood morning. I'm Dr. George Yiachos.
cialist in cardiac vascular diseases and the
nuclear cardiology. ve been practicing for over 30 years. I have
practices in New York and here in Collier County. And I'm not here
representing any particular corporation or hospital system.
My education and career were shaped by the understanding that
I would help guide my patients through their health crises so they can
live long, healthy lives free of disease as long as possible. This was
Page 73
March 28, 2023
accomplished by sharing information on how diseases occur, how
the --how they affect the complex interworkings of the body and
what the latest medical science and technology could do to cure or
alleviate these problems; at the very least, how to reduce suffering in
the case of terminal illness.
All medical decisions required inf orme
cooperation from the patient. The patient
marker for their healthcare, and I wast
technician. I was their counselor, a
for that patient.
That all changed with the C
bio-weapon assault not only on this
physician-patient relation · What
leading up to the landfall o
health boards and hospital s
trained physicia NPs,
onsent and
the principal decision
lligence gatherer, their
r the best results
itnessed a
tity of the
serve? In e weeks
.S., I witnessed state
tilators and begging
trists, and dentists
to train thems to p tila a patient because
they really thou ng to be a healthcare shortage,
workers out of the --out of
com
what o do before the patient reached
be intubated. I witnessed ERs
turning sic who needed care only to be sent home
without help ns. They would show up 10 days later
only to die or to itted, get paralyzed, get intubated, and then
die a lonely death y weeks to months later.
I witnessed very few deaths with the people who did not go to
the hospital during the pandemic, and I took care of a lot of those
people contrary to what the hospital requested of me.
I witnessed major hospital systems taking pride in their care
despite a 90 percent death rate for in-hospital patient care. I
Page 74
March 28, 2023
witnessed only a handful of physicians who were looking through
research for solutions where there were many. I witnessed studies
showing how, when given early, things like hydroxychloroquine,
ivermectin, vitamin D, vitamin C, zinc, quercetin, and certain
antibiotics could help patients overcome this serious illness.
Despite this, corporate pharmacies ands te boards collaborated
to purposefully block these life-saving me · ons, and they even
threatened to terminate access to supple
I witnessed the purposeful supR
state health boards, social media,
licenses were threatened if they
therapies.
I witnessed no famil
call or Zoom call a day wa
families and these dying pat 1s.
I witnessed C-app
nicknamed
adverse ev
toda
e speech by the
s. Physicians'
e alternative
e; jus phone
tion between
emdesivir get
, and despite the
, 's still being used
ation --sorry --faking
fear
speak t
what the fe
n experimental therapy for
elihood; therefore , they wouldn't
either. They wouldn't tell them
s from the CDC showing no change in
annual death rate i 20 when compared to the previous 15 years
but, more shockingly, I witnessed a fourfold excess death rate since
the vaccinations began. That's still happening today.
I have now witnessed 16 studies showing ivermectin saves lives,
yet access to the drug was blocked by the federal government in the
past, and there's still difficulties getting this drug to people in certain
Page 75
March 28, 2023
states. I witnessed the destruction of informed consent; no access to
the ingredients of government-mandated vaccines and denial of
access to known side effects. I'm continuing to witness the death
and destruction from a bio-weapon called a vaccine that is being
encouraged by federal agencies and the pharmaceutical companies
that mass produced them. These companies ·reedy benefit from
our taxes.
As a result of these mRNA shots,
people are suffering from myocardit ·
aggressive cancers, clots, strokes,.
sudden death even in the part of
healthiest: Our kids, our young a
athletes, our military. T
numbing to the public sen
panic and concern for the se
hit the United St d that'
Maybey
actions we
com
heal
inary amounts of
eactivate
ies, and
d be the
een so 1mpa
seeing the deserved
erful bio-weapon that
RNA shot.
. We are living in a
en set. We have
hy of Big Phann and the
oung adults, and adults dying now
than there e pan emic. Let that sink in for a second.
My Gre ican heritage have taught me that letting
one's voice be h e first and most important step in resisting
tyrannical overreac Not speaking up loudly and resisting only
emboldens a tyrannical system.
The health bill of rights we are proposing is only a re-expression
of human rights that seem to have been forgotten. Be not concerned
with the laws that could preempt what you want to do locally. Be
concerned with being bold and impactful. Protect your fellow
Page 76
March 28, 2023
human beings from the tyrannical coup that has occurred through our
healthcare industry. It should not be so easy to spread a known
bio-weapon.
With your help, we can restore informed consent and the sacred
trust between physician, patient, and their elected representatives.
This has to be and can be stopped at the local vel where there is no
revolving door between our state health de ents and the Big
Pharma healthcare technocracy.
The current situation opens the
during the next health scare. Wi
becomes a cliff that tyrannical f o
serves their purposes and greed.
Please have the cour o speak
to protect your children, g
the third parties who don't h
pu
er power grabs
day, that door
s over when it
ay and have e foresight
our descendants from
Collier County
sin is resolution and
eview will
citizens at heart.
voting yes to
accomplish.
the gov
Colli
ich you have been endowed as
ted you, and be the heroes of
t speaker is Karen Kingston. She'll
o. s. Kingston's been ceded three
additional m1 eth Sherman.
MS. SHE Here.
MR. MILLE . She is present. You'll have six minutes.
MS. KINGSTON: Thank you, Commissioners.
My name is Karen Kingston. I'm a med/legal analyst and
biotech analyst. I have 25 years experience. My work has been
recently used in a number of lawsuits across America to prosecute
Pfizer, and it's also being used in global criminal investigations for
Page 77
March 28, 2023
Pfizer as well.
So first I would like to thank you for giving me the opportunity
to speak with you. My family is here --they're not here right now,
but they are here with me in Naples, and we're going to be moving
here this summer, so I'm very much invested in this community.
But something that Colin Powell had on said is that leadership
is about your soldiers being able to bring ms to you. Your job
is to solve problems, and when your so art --stop coming to
you, then you're no longer a leader.
So, as Commissioner LoCas
of soldiers here, and they look to
you, and they respect you, and they
they're comfortable comi ou to
ve a community
d they trust
u,and
are our problems, and we e you
se are our is s, these
, and we'd like your
t us and to protect support in overcoming these to p
our children.
So what . care agenc1e
go
et it epically wrong? They get
·on wrong? What do we do?
d said, you're here to protect
to ma sure that they're not --they're
on tional rights are violated and it's
intentiona , 24 , that's conspiracy to violate rights, and
18 USC 242, g it's under the color of law that you have
the right to take ople's constitutional rights when you do not,
and those are crim1 investigations that happen when that happens,
especially if it results in the disease, disabilities, and deaths of
innocent civilians.
So did Fauci get it right or wrong when he said we need to lock
down the country? Because on March 26th of 2020, he had said the
COVID-19 virus has a .1 percent case fatality rate, similar to the flu.
Page 78
March 28, 2023
Five days later him and Birx get on stage next to President Trump,
and they say 2.2 million people are going to die if we don't lock down
our nation and make everyone go on house arrest. Did they get that
wrong? They got it epically wrong, and it was a violation of civil
rights to make people go onto house arrest.
Did President Biden get it wrong when
through OSHA for all employers to vacci
employees? Yes, he did, and that was
made a mandate for just the federal
federal courts said, no, Biden has
just on March 23rd, a federal --a
Biden definitely overstepped his bo
Texas got it right.
If Biden could requir
a medical procedure as a co
bridge too far. Presi
got it wrong.
assed a mandate
accinate their
own in 2021. Then he
ghout 2022. Five
undaries. And
Orleans said
al judge in
1 employees to undergo
oyment, that's a
.S. Supreme Court
Under 18
rights.
by li
iring to violate people's civil
ies, or death it can be punished
DA get it wrong when they said
y're ing a vaccine prevents COVID-19
infection, ber 7th of 2021, Pfizer told the FDA
actually, it tu you get two of our shots over time, you're
more likely to g d with the disease. This was then
validated --oh, I'm rry. Then also they said it would prevent
hospitalizations and it was safe.
Well, on November 20th, they told the FDA, actually, if you get
our shot --409 people came down with severe COVID, meaning they
were either hospitalized or they could have died, and that happened
within one week of the shot. That does not prevent hospitalization.
Page 79
March 28, 2023
Did they get it wrong?
Did they get it wrong when, on October 22nd, 2020, the FDA
met with all pharmaceutical companies, and they said, we know these
mRNA injections are going to cause disease, disabilities, death, heart
attacks, blood clotting, pregnancy outcomes, birth defects?
This is a violation of the Nuremberg Co . This is a violation
of Geneva Article 50. You're not allowe ove forward with
criminal investigation when you know is going to put
children, adults, and otherwise healt at unnecessary
risk. Did they get that wrong?
Did they get it wrong when,
Obama and Congress signed into la
3024, it says, under expeu· tal use
product, informed consent
interest to such human bein
violation of the erg C
of the Geneva
Did the FD et it
bafl
sub · 5t
2016, when
der Section
y us orized
not in the best
aid, this is in
lation of Article 50
they said we should experiment
ur years of age? This was
met with the pharmaceutical
compan · d, i atistically impossible for us to
develop a oing o be more effective against a child's
immune syst hild' s own immune system. So should
they have ever e ed forward with experimenting on these
babies, again, six ths to four year olds?
In the four-year-old group --first of all, this study had 4,500
six-month-olds to four-year-old toddlers in it. Only 25 percent of
the babies made it to the end of the study. The other 7 5 percent
withdrew. Reasons for withdrawal were serious adverse events, the
parent decided to pull them out, and death was a reason for
Page 80
March 28, 2023
withdrawal as well. We don't know what happened to 7 5 percent of
those babies.
In the toddler group, though, a number of the babies had
something called Status Epilepticus. There was dozens of them,
meaning they had seizures, multiple seizures multiple time a day.
And Pfizer said, well, that's not from our --t is not from our
product.
There's one I want to read, too.
a family history of seizures and --ac
the study investigator --they hav
and the study investigator as [ sic
but they said it's possibly related to
s a four-year-old with
id not have it. And
and high fever,
-162 vaccine,
This data is so mani ed it's ri hey d never
allow a child --a four-yea ·1d in a study to then get a
flu vaccine.
Again, the
follow-up, los
calling in to say
On
who
We don't
The last
committed fraud w
FDA says that's fine.
ver heard of anyone
rom the study because I died.
that there were 344 babies
s posed to get injected with
three babies made it to the end
made it one week post the third dose.
ene to 341 babies.
e to say is that on the Brook Jackson case,
e versus Pfizer, Pfizer basically says, we
the FDA, or ifwe had, it's okay because the
And the judge said, so --to Pfizer, so what you're saying is that
the FDA gets it wrong?
And Pfizer said, yes, Your Honor.
They just get it wrong, and we live with it. There's no oversight
Page 81
March 28, 2023
by a court? That's it? That's correct.
And he said, yes, Your Honor.
So Pfizer and our federal government is saying no matter what
they do, no matter how many rights they violate, no matter how many
people and children they cause disabilities, disease, and death upon,
there is nothing anyone can do to stop them.
I've lost my papers, sorry.
So who --who do the residents of
protect the children, the women, and
the federal government and state
tum to you.
And I ask that you get on the r
Collier County on the rig e of his
war to protect Americans ct the
resolution as well as to pass
forward with vo
Thank yo
CHAIRM
M LE .
.
County tum to to
when the FDA and
ove ard in this
tion and to pass the
the ordinance to go
is Dom Priano. He'll be
· ano' s been ceded three
addi Mr. Frazier is present in the
room.
You 1 of six minutes, sir.
MR. PR od day. Good morning, Board of
Commissioners. you for everyone to be here today. It's an
honor to be here st 1ng in front of the Board of Commissioners. I
am very nervous, but I'm going to get through it as quickly as I can.
My full name is --my full name is Domenico I van Priano
Cocchella, born and raised in the beautiful City of Naples, Florida.
Son of Rosangela Cochella and Alier Perdomo, and happily married
to the love of my life, Mazie Kate Priano Cocchella.
Page 82
March 28, 2023
I graduated from the Gulf Coast High School class of 2020, and
shortly after graduating, I wanted to enlist to serve this country and to
uphold our Constitution, and thus I pursued becoming a 5811 military
police officer in the United States Marine Corps.
No one --again, no one can enlist into any of the military
branches without being deemed perfectly hea y both physically and
mentally through MEPS, or a Military Ent Processing Station,
of which I was found to have a clean bi alth. In other words, I
was a healthy and eligible young ma ard to dedicating
my life to the Marine Corps and t try.
In September of 2021, whil onard Wood,
Missouri, I received orders from m r the
mandate of the COVID v s of ilitary
and was informed that the efusing the vaccine
would result in immediate d duty with a
dishonorable dis ng all veterans
benefits, inclu e, usage of the post
9/11 GI Bill, as eligible for Veterans Affairs
home lo
and its leaders were willing to
strip ber, o matter how many years of
service y've earned, of everything they have
accomplis ndatea vaccine.
On Sept f 2021, I had no choice but to take the
Johnson & John ID vaccine so I could continue my service
to this once great c try. Sorry. Since February of 2022, I started
experiencing mind-splitting pain through the left side of my chest
where my heart is, what feels like multiple knives digging into
my --digging into my chest randomly, consistently for a few seconds
to several minutes have caused me to drop to the floor in agonizing . pain.
Page 83
March 28, 2023
On top of the random episodes, I now deal with constant
stagnant pain radiating from my heart as well as a strong numbness
all across the left side of my body 24/7 no matter what I am doing.
I've also been informed that my blood now has a tendency to clot up
to the point where the clots are visibly noticeable on both my
forearms.
Hospitals I was admitted to in Southe
was stationed, 29 Palms California, inc
Hospital located in 29 Palms, Desert
Palm Springs, and Balboa Naval
possibility of the symptoms bein
the vaccine.
Additionally, each £
requested that I no longer
vaccine while either being h
attack and/ or a s r each
I have ha have
lif omia near where I
obert E. Bush Na val
go, denied any
erse effects of
and so-cal doctors
egarding the COVID
felt like a heart
ice members lose
their lives becau rvice members young as me, just
21 year
WO
line to serve coun
no regard to puB
leaders.
ed the death of innocent men,
ice alike. For those service
on th1 earth, they're dealing with the
, 1 worse.
e, as well as those who signed the dotted
are being used as lab rats. Mistreated with
and safety from our allegedly elected
I'm only 21 years of age with the heart problems equivalent to a
senior citizen. My life has barely even started. My wife and I want
to live our whole lives together, have kids and a place of our own.
How are we supposed to do that --how are we supposed to do that
when the vaccine has cut my life expectancy in half?
Page 84
March 28, 2023
Were the lives of the American people even considered when
the mandates were pushed? Were the lives of those who are serving
and protecting our country even assessed? Sorry.
Commissioners, stand up and do whatever needs to be done to
protect the lives of your citizens. Pharmaceutical companies should
not have never [sic] been trusted to begin wit Do your part and
stop the death and injury of the hundreds usands of innocent
American lives. Medical mandates m Pass the Health
Freedom Resolution and Health Free ce before more and
more innocent lives are ruthless!)::
I hope the Board does what
your time.
MR. MILLER: Yo
be followed by Katie Tard
CHAIRMAN LoCAS
and pride, re
COM
CHAI
serv
ers. He'll
you serve with honor
t.
Air Force veteran to
for get that. The discharge
ur heart and how you
ry, and you did it with honor,
and Isa
MR.
MR.M Chambers has been ceded three additional
minutes from R1
(Raises hand. J
MR. MILLER: Who is present, or at least he was, yeah, and
Doctor --or Lieutenant Colonel James F. Guzzi.
(Raises hand.)
MR. MILLER: Am I getting that right? Right there.
LIEUTENANT GUZZI: Guzzi.
Page 85
March 28, 2023
MR. MILLER: You'll have a total of nine minutes, sir.
DR. CHAMBERS: All right. Ready to go?
My name is Pete Chambers, and retired lieutenant colonel.
Thirty-nine years of service. Started as an infantry guy and a
paratrooper and then a Green Beret and then a doctor.
CHAIRMAN LoCASTRO: That's it?
DR. CHAMBERS: That's it. War oming to me. I
didn't keep going to it.
CHAIRMAN LoCASTRO: I'
DR. CHAMBERS: You un
CHAIRMAN LoCASTRO:
COMMISSIONER KOWAL:
DR. CHAMBERS:
COMMISSIONER
DR. CHAMBERS:
going to create a
All right.
because I see it.
especial t yo
appr
chan
beca
support
And I
right. So --we're
n for your leadership,
right here, right now,
all, Commissioner Hall, I
1s 1s we're in, and I have --I have
0 time listening to the people talking,
as already said, and I 100 percent
r hearts and listening to you that you were
was moved by that marine. I took care of
marines. You kno e're different branches down range. But as a
doctor down range in Fallujah, my job was to keep everyone alive,
everybody that wore that flag that's in that comer on their right side.
That was my job.
So go to the next slide. If somebody can send it for me, or do I
do it myself?
Page 86
March 28, 2023
MR. MILLER: Just space bar; space button should do it.
DR. CHAMBERS: There we go. So that's me, Pete
Chambers. I'm a soldier. Been one for a long time.
Whistleblower, on 24 January when --this is what --I never
wanted to be on the Internet doing anything. I didn't have anything.
I was a Green Beret. I was a doctor for Gre Berets. I was at a
Tier 1 unit for a while. My job was to do s in a Title 10
fashion, sometimes Title 50, which are books, and my job was
to come home and have every one o e home.
But one day I had to make a · e was when I had
a two-star general standing in m d this is down
on the Texas border where I was w Star last
year --two years ago --1
southern border looking f o
while 12,480 people came a
three times as m
My job
care of civilians
W ' do1
wa otect the
ic] stac own there
erage a week. It's
· f erent. They take
as looking for bad guys.
sing under the Doctrine of
, look him up. There's a book
you people are doing, what you
commi is Doctrine of Lesser Magistrates. You
interpose . I interposed for my marines. I'm not a
marine, but I them. I interpose. I stand in the gap.
And when o-star general come to me and say, Doctor,
you've got to get m shots done here, they're not taking the shots, I
said, well, sir, I'm doing informed consents.
What are you doing informed consents for? That's been taken
off because we had the Care Act thing, yeah. But I'm still a doctor,
and I still need to inform them the good, the bad, and the ugly. And
this was before it was mandated. It wasn't mandated. Nobody had
Page 87
March 28, 2023
taken the shots. I had about a 14 percent vax rate. And then most
of them just took one and realized it's possibly bad.
When the mandate came along --and it was coming, I knew it
was coming, two, three months, it was coming. Now, meanwhile,
we're out there doing operations on the border.
Next slide. Next slide, Pete.
All right. There's my bottom line ug
these things with you, and I suggest tha
because there's so much more here t
you have to understand that this i
weaponization of the health care
taken place, these codifications, wfl
general coming to me --se I'm g
ain't about the science, Do out the
Twenty-seven-year-o 1
border. He's o Has t
. I'm going to leave
reach out to me,
·n six minutes. But
f public health, a
· gs that have
d in wa wo-star
o the story -aying it
icy, all right.
rditis, soldier on the
ar-old. I
empathize tha
Thirty-seve
m hy here in a second.
ey t
1ve
since
time an me
D. I had ivermectin in my
entory. Said, you can't use the
senior doctors who have
But that's what happens when
We c inds. We can pivot. I've been on my
knees in a pu d working on a soldier just on the other side
of the X right o nd done things and thought for many years,
did I do the right tfl ? Because that soldier may not have make it
home --made it home. I have to think. I've got to pivot. I might
have done something wrong. Because I take my job serious. I'm a
professional, or I was.
Sometimes we've got to pivot. Sometimes we've got to grab the
bull by the horns and kick down the door like John Wayne. We've
Page 88
March 28, 2023
got to go in there and with all --all intent for what is right, what is
legal, moral, and ethical, stand up for those people. Stand in the gap
for those people, interpose for them, because it's mandated by God,
and John Knox said it in 78 scriptures that he used to the Nobles of
Scotland when he interposed. Then our people that wrote the
Constitution and the Declaration of Independ ce, they looked at it,
and they used that as part of the basis of it ey used that doctrine.
It's important. It's right there. I've go ellow.
So the "so what." The "so wh " a national security
crisis. We know this. We can't e sand anymore.
We've lost so many military. 0 · ht now
across the board, across the board i
Navy, Air Force, Marine Coastie us this
group. And I don't know e Spac I don't think they
exist.
But anywa
events, medic
lot. That's a si
world i
doc do
got to bet
combat. I ca
Whatever our j o
0 significant
e last year. That's a
ese are the fittest people in the
t these things happen, these
the gap. That's why me as a
r sometimes with them because I've
I was a former 18 Alpha, I can command in
e will do that. We stand in the gap.
Marxist ideol , I don't need to go there. We see it.
The bottom left, this is the most important thing for legislators to
understand. I've spoken in Alaska to legislators, Idaho, Oklahoma,
Texas, and back on the Hill on four National Defense Authorization
Acts trying to explain to them why those mandates were killing my
soldiers on that border. Because when the guy that came and
Page 89
March 28, 2023
replaced me after I was fired for doing informed consents --I was
fired, and the general said, well, you're just an anti vaxxer, and you're
going to --and I said, sir, that's an unlawful order. I can't do that.
And that's a --that's a tough moment for a colonel, a light colonel,
when the two star's in my chili.
He fired me. He did. He tried to get
non-judicial punishment for disobeying hi
most important thing is I return with pr ·
That's one of the things we talked ab
Resistance Escape, is to return wi
Right now --right now, thi
anymore. This is Stockholm Syn
our nation. They've bee en, they
been given, they've been t
walk in that door like a host
you know,
ct order. But the
Survival Evasion
ance
pened to
en a hey've
we have to do is
y, follow me if
time sensitive. you want to live
That's the curr si n, as I see it.
Beca
here
I'm bei here Collier County, Florida?
I'm working on a project down
counties now. Speaking up
ks ago. We're all in this together.
· ght, whatever you are, we're all
American . r this ell curve of America. And I would
die for each a e of you because you are worth it. You are
worth it, and tha this is all about.
That marine i orth it, and we will stand by him because he
stood for us. Anybody's that's worn a uniform understands that.
Whether you wear one or not, we're all part of this fight, because
there's a bigger fight somewhere more spiritual than I can even go
into right now. And so we're just going to stay away from that.
We've got to control the controllables. The first thing you do
Page 90
March 28, 2023
when chaos ensues --and I've been there. You know why I know?
Why I know I've been vax damaged? Oh, that's right. I'm not an
anti vaxxer, sir. I took it. I was the first one out of the gate because
they said, Doc, you've got to take this. You're going to the border.
This is a mandatory thing. I said, all right, roger that.
Now, I hadn't done my homework, and· oesn't really matter.
I'm willing to take a bullet for my soldiers u're dang right I'll
take this for my troops on the border if ep them from taking
it. Because I had one slide on the b d crossbones. And
the front of it said, "mRNA. An
And my soldiers are like, n
Get out the door. Go to work:.
I can tell you that no couldn out of the
When
military.
All right. Control the
chaos ensues, th
When I£
to go over abou
inmyb ·
12,8
like
it, land
Went
Doc.
tio y brain --I'm going
I found out I had demyelination
t? Jumping out of a plane at
going into vertigo, spinning
on the ay to the ground. Pulled out of
iles off the drop zone.
ey said, you've got multiple sclerosis,
I was like, 't have that. I had an MRI after I got blown
up the last time in anistan.
No, that's what you got.
No, it was from the shots.
Eleven hundred percent rise in neurologic disorders. I testified
it in Tampa, SEALs versus Lloyd Austin. Look it up. That's what it
was.
Page 91
March 28, 2023
We're all in this together. We're in the fight. And the leaders,
they're going to take shots at you no matter what you do. Just know
we're behind you. Appreciate you.
(Applause.)
MR. MILLER: Your next speaker is Kate Tardif, and she will
be followed by David Silverberg.
MS. TARDIF: What I have to say t
wrote before coming here today.
I appreciate Commissioner LoC
1 0A comes to be on the agenda a
1s nothing like what I
ents regarding how
ful discourse
regarding 1 0A today, and I'll try -I'll try to stic hat.
But I must say I, too, like mos , e m fthe
comments of speakers be De · tth ld
opposing views to some o
service of our military and o r
I very much respect the
rof essionals,
teachers, police. say tH "nimize the
comments oft who ita d describe some
qualifie
health wor
not support pub
t you can't hear what they said
o o --and, I'm sorry, these are
w. ink that public health has to do
· c health actions must be driven by
1th professionals. That's just how public
't think anyone would argue that we should
This should n e forum or the place for us to be rehashing the
mistakes of COVID. Ifwe all go back to what was coming out of
China --
CHAIRMAN LoCASTRO: Ma'am? Ma'am --
MS. TARDIF: Yes.
CHAIRMAN LoCASTRO: --remember, you're just addressing
Page 92
March 28, 2023
us.
MS. TARDIF: Oh, so sorry. So sorry. May I have a minute
back? Okay. Thank you.
In my opinion, this is not the forum or the place for us to be
rehashing the mistakes of the management of COVID. Most people
will remember how terrified we were at what as happening with
people dropping like flies. And I doubt t anyone in this room
who doesn't have family or friends lost ID in the early days.
COVID was a real phenomenon. C ed.
The responses were rushed, t making
excuses for the professionals wh · sions, but
they were making decisions under nces.
What I do want to s · that at t on y e only
individuals --the only to our government
reactions to situati health policy are
public health -rely on them.
And public h can be driven by
qualified onals, not politicized opinions.
two-
thin
time.
ordinance
It needs more
ovemment overreach as a
who are capable of critical
You an like it and love it at the same
er this very important
ready. It's not ready for consideration yet.
And the co sn't have a role in interpreting or superseding
the state or federal emment. So if we acknowledge those things,
then we have to agree that the right place for discourse about 1 0A is
back to the drawing board and reimagining what it is that you want
that to look like and even, I would further say, if it's something that
we should even be contemplating. That's it.
CHAIRMAN LoCASTRO: Thank you.
Page 93
March 28, 2023
MR. MILLER: Your next speaker is David Silverberg. He'll
be followed by Jennifer Walker.
MR. SILVERBERG: Okay. Thank you very much. My
name is David Silverberg. I'm a resident of District 2. Thank you
very much for this opportunity to speak today.
I want to honor the service people and t · r service and express
my sympathies for those who have suffere , you know, feel that
they've been damaged by the past pand in many ways all of
us have been.
That said, I want to address t
And I'm not going to get into the
but I wanted to look at the overall -
appropriateness of these t
Number 1, they're co
unnecessary because the stat
them, and they'r on tw
kinds of mand r the
know, COVID
done.
roads, a
and it's a n.
county level county.
They're completely
ws and enacted
ing mandates, all
ocumentation or, you
Whatever. It can't be
. It's completely unnecessary.
- s not the best use of the time
other issues of growth, of
sed earlier. This is a distraction,
es not need to be addressed at the
Also, there ntial expenses in this. I mean, as a taxpayer,
I don't even want spent on advertising this. And I think that
that's not a --as small a sum as that is, this is not the best use of our
taxpayer money.
Fourth, I think that putting this on the agenda, making this an
ordinance with potential penalties that are not even really elucidated
in the text of the bill would --unnecessarily divides this county, as
Page 94
March 28, 2023
you've already seen --as you can see today. I mean, people have
strong opinions, and that's fine. But I think this would be an
unnecessary wedge in this county's population.
Also, this --these measures have the potential to interfere with a
scientific administration of our public health and with our first-rate
medical establishment here in Collier Count~ They have enough on
their plate without needing additional poli · nterference.
And, sixth, if the ordinance is pass it's challenged in
court, then the county has to bear the ditional litigation
fees and expense and time, and it · it when there is
already a state law that does wha: · s legislation se to do.
I want to thank you for your ti I'm
available for any other q
MR. MILLER: You er Walker. She
will be followed b
.
UNIDE
MR.
MS.
sc1en
Hopkin
pandemic
Center, assoc
critical care nur
Management, I wa
to leave.
wed by Carol Moor.
I'm Joy Vroman. I live
3 years with a bachelor's in
versit I started my career at Johns
ea IV/AIDS floor, the other virus
t down our country. Mercy Medical
niversity of Maryland. I am also an adult
es Community Hospital, Quality Risk
red to make orthopedics a center of excellence
as a nurse case manager.
I have lived in Naples 27 years. I've worked part time as a
school nurse in Naples private schools for 20 years. What I saw as a
school nurse post pandemic was unbelievable. The amount of
post-traumatic stress disorder, depression, anxiety, headaches,
Page 95
March 28, 2023
dehydration in students from K, age 5, to 12/18. The majority of my
job estimated 75 percent post shutdown of this country and
mandatory mask was providing emotional support for these young
children living in fear. They were paralyzed in fear.
In Florida we were blessed. Our children could take off their
mask and go outside and catch their breath, P.
our country did to this generation is a cri
children were scared for their lives. C
On a personal note, why am I h
of a large business in Naples that
years. His home address is Nap
legal guardian. Against my wishe ,
got the Modema shots. ad got t
end of November 2021. sed t
neck. Everything that coul
ruled out on my Let
nurse. I kno
sports. But what
inst humanity. The
·n our youth was a cold.
er, president/CEO
loyees for 3 5
edical HIP AA
my dad
00 ot at the
later and broke his
atient collapsing was
lt critical care
a patient collapses.
My dad, w nknown medical reasons, broke
his nee
Me
No.
life in a
ntly transferred to Jackson
1, he was operated on by the
untry, r. Allen Levy.
the Modema booster. He lives a
. e has 24-hour care in his home
seven days a s incontinent in a diaper. My father is
completely men petent, which is the hardest part. The only
mistake my father e is he trusted our government. He trusted
our Florida Department of Health. He trusted his doctor. He
trusted Dr. Fauci. He trusted the CDC. Every single one of these
agencies failed my father, and I know that. I have filled out a
V AERS report for my father for the State of Florida and have heard
back from no one.
Page 96
March 28, 2023
I am not vaccinated, and the reason for that is I did my medical
research. I did not stop reading and researching. Nothing made
sense. Nothing added up.
Our family business in Naples, when they went to be tested, they
would wait two to three hours and leave to go home. Every single
one of them came back positive. Let me re2 t. They were never
tested. Our business was open. We wer of the lucky ones.
Our employees were able to receive pa . No one died from
COVID.
The only person that was
booster, an honorable Vietnam
then was crippled by a shot th
ing the
from war and
experimental mRN shot
got COVID twice as a s
not die.
I support
to adopt the
Thank
. . comm1ss10
MR.M
CHAIRM
reconvene at 1 :00.
. An ersonally
ur schools open. I did
Bill of Rights and
r is Carol Moor. She'll be
r. Miller, this will be our last
go o break for lunch. All the
stairs to meet with those students at noon.
derstand, sir.
STRO: And then we will --we will
So, ma'am, you'll be the last speaker before the break.
MS. MOOR: Thank you. Good morning, Commissioners.
Firstly, nowhere is public health mentioned in the Constitution.
The experts that have testified have more than made a
compelling case for support of your yes vote for Collier County
Page 97
March 28, 2023
Freedom Bill of Rights addressing the medical freedom to come
forward for review again.
It is so sad that we have to convince anyone of our God-given
rights, our constitutional rights not to be forced to wear a toxic face
diaper or to accept a poison jab, et cetera, yet here we are.
The Commission really doesn't have the ower to vote no if you
are to uphold your constitutional duty. I · re you to do the right
thing and unanimously approve this ini · Those that oppose
this --and I don't mean you --are f o nny. I might add
they are typically the ones suppo woman to abort
her unborn child. Well, I say to " y body, my
choice."
And I respectfully i
legislature and governor h
us? You know, we are not
said they can't C · ab us
legislature [ si
put us in quaran
for us when r state
where have they failed
06 legislation that
that, that
111 [sic], they can
cinate us in Florida, and use any
know that? Have you read means
the t . ere Go and read it, because what
they
they le
can quararr
if I have time.
s from eing forced COVID, but
e 1097 and 1111, those lines, that they
read he exact letters --read the exact words
But I want sh my point and say that I like that --you
know, here's the th , the W.H.O. is wanting to come in and control
us, and our federal government's letting them do that. What's
happened is our state legislature has let us down. You are our front
line. You are our final defense against this medical tyranny that's
coming after us.
And, you know, I was talking to the Sheriff out in the hallway
Page 98
March 28, 2023
telling him the same thing, and if you guys fail, he's our last defense,
you know. He can --he's the one who's going to have to have a big
war on his hands when they come trying to jab us all up with the next
invented, you know, plan-demic.
So I really implore you to --well, like Scott said, I know --I
don't know what your procedures are, but fig e out a way to vote on
it today and get this over with, because ti eally of the essence.
We have laws on our books that allow t come in and put any
one of us in an internment camp if t the way we sneeze
and to force jab us at any means u imagine what
that means? Can you imagine, ding me
down and stabbing me with their p this is what
the law has said. So just it beca wh that
they've taken care of that lahass have no . They
have not taken care of us. eed t d bless you all.
(Applause.
CHAI
lunch br t 1:00.
1:00.
12:00 p.m. to 1 :00 p.m.)
resume our meeting here at
· r, you have a live mic.
STR : Okay. If I can get everybody's
attention, we oing esume with our public speakers.
So, Mr. M1 's next at the podium?
MR. MILLE . our next speaker is Dr. Rebecca Smith, and
she will be followed by April Donahue.
UNIDENTIFIED SPEAKER: Dr. Smith was not able to come
back.
MR. MILLER: Oh, okay. April Donahue, and she will be
followed by Libbie Branson.
Page 99
March 28, 2023
MS. DONAHUE: Hello. Good afternoon. April Donahue,
executive director of Collier County Medical Society, and I speak
today on behalf of the board of directors. I am sorry they were not
able to make it in person.
The Medical Society Board acknowledges and recognizes
patient rights and freedoms through our State f Florida statute
Section 381.026, the Florida Patient's Bill ghts and
Responsibilities. This promotes the in dwell-being of
patients of healthcare providers and car cilities, and the
CCMS Board can support the rea ation of tll rights in Collier
County.
The CCMS board acknowledg
pandemic there has been of trus ny commurr members
try at many levels; in the many systems that
however, we believe the pro
in rebuilding thi nd we
At our co ~el, tH
patient/physicia
make in · · 1 he
uld not be effective
written.
great value in the
rks to preserve the ability to
on this relationship.
wor the commissioners in the best
follo the preponderance of evidence
sur nd we would be grateful for any
ote on the resolution to work with you to
make it a mo esolution.
Thank you time today.
MS. P ATTE : Chair, before we go to the next speaker,
could we just make sure Commissioner Saunders is still on?
MR. MILLER: He is still online.
MS. PATTERSON: Okay. Just checking. Thank you.
MR. MILLER: Your next speaker is --
CO MMIS SI ONER SAUNDERS: I'm still here.
Page 100
March 28, 2023
MR. MILLER: Your next speaker is Libbie Branson. She'll
be followed by Gene Goldenziel.
MS. BRANSON: Good afternoon. Thank you for the
opportunity to speak today.
I, too, was moved by the experiences of some of the speakers
this morning, but decisions are made on stati ·cally projectable data,
and I question whether the data presented tatistically
projectable.
As for the ordinance and the re
based on misinformation, turned
documents are
·de down and
inside out, and politicized the ba oundations of overnment.
ell-being Both documents can result in endarr
of Collier County residen
What I do know is th
we have rights and responsi
decisions about th so
the health of o
contagious v ·
it is t
demo ·c form of government,
e ha e right to make
ns do not endanger
an involving a deadly
ective proven vaccine available,
accinated, and it is the
resp ent t e the vaccination process.
deadly
COVID-1
prou of how polio, smallpox, and other
en olled, but we cannot be proud of how
Never before in my lifetime have political
Clorox cocktails in lieu of lifesaving
vaccines or opte federally funded vaccination programs.
The proposed alth Freedom Bill of Rights Ordinance and
Health Freedom Resolution are neither helpful nor free. They have
the potential to negatively impact our collective future health, which
means we are likely to pay a huge price, a price in lives and a price in
dollars.
Of equal concern, these documents are wrapped in the language
Page 101
March 28, 2023
of patriotism while suggesting that Collier County has the freedom to
pick and choose which state and federal laws it wishes to follow.
I respectfully urge you to vote no on the resolution today. As
for the ordinance, it's redundant with state laws. I suggest you shred
it and focus on specific concerns such as affordable housing, our
crowded roads, hurricane protections, and ot things that are
important here and now to Collier County
Thank you for your time.
MR. MILLER: Your next spe
(No response.)
MR. MILLER: I don't see
Julie Wade?
(No response.)
MR. MILLER:
registered, sir. It k
CHAIRM
MR.MI
CHAIRM
speakers I had
· t back from lunch.
body on Zoom or --
. item, no.
ay . I don't have any
t to call on Commissioner
me discussion after you've
As far as --I do want to say some
things abo ow, Just because we can talk about it, I want
to bring some n this resolution. You know, I mentioned
it --I mentione lution is in case things change. The
ordinance for Colh ounty is in case things ever change.
You know, the way that the Constitution is set up, we do have
rights locally. As long as we have a constitutional sheriff who is
willing to back the ordinances that we pass, we do have rights.
We're not subject to the federal government. We're not subject to
just state statute. We have --you know, that's what local ordinances
Page 102
March 28, 2023
are for.
So the first whereas, our federal, state, and health agencies have
demonstrated a clear inability to be truthful, that's accusatory. That's
very assumptive. It's --we can see that, but as far as when I said
earlier being facts, it's fairly assumptive. It's accusatory.
The second two, the constitutional right re violated, yes, they
have. We got forced on.
Immunity protection to hospitals
true.
The first four or five, they c
accusatory, and the rest of them
I'm fine with the assumptions
in case anything ever cha If tha
be fact, I would want this
just acting today as these are
provided, yes, that's
usatories
usa ver got to
it's not like we're
t is today. It's in
case it ever got t
We all --
can't say all. I tyranny. I'm not vaccinated;
I never social distanced like
washed my hands like I
want ant me to.
C EL: Like Dot said to?
CO AL : Yeah. Never once was sick, not
one time. and a half during COVID, during --you
know, in the ca aking hands, talking to everybody.
But that was choice, and that's all I'm asking to be able
to --for other people to do. We want you to listen to your doctor; do
what your doctor says. I want to listen to my doctor; do what my
doctor says. We don't want to limit or control anybody's freedom.
So --but when I hear the opposition, when I hear the public
health, what you want to do is you want to exercise --you want your
Page 103
March 28, 2023
freedom to --you want my freedom to agree with your freedom. If I
don't choose to get vaccinated, then you don't want to lose control
based on this ordinance, and that's what I see it as. I don't see like
we're infringing on your freedom. We are infringing on your control
over us. And that's what the ordinance and that's what the resolution
is to me.
CHAIRMAN LoCASTRO: I mean,
speakers that came to the podium and
regardless of what side they were on
know, we're trying to figure out h
But there were more than a
my original point that --and I respe
when you end it saying, vote n
that's not what we're here t
be the better person to sum
today and mayb ot do
County Attom e I do
comm1ss1on
t to thank all the
oke eloquently,
ssional. You
ot be extremists.
'11 go back to
say, but
s ordinance, ay, well,
on't know who would
what we're doing
~ Manager or the
one of the
exa
sepa
hundre
the record, summarize
e and maybe what's not, to
MR.
Board. One is
t, b se more than a couple of speakers and
e've all gotten actually aren't correct.
There are two essential items before the
nee. The other is a resolution. With
respect to the ordin e, you are being asked if you wish to move
forward with --direct me to advertise it and bring it back for a full
public hearing. With respect to the resolution, you may adopt that
today.
CHAIRMAN LoCASTRO: Okay.
COMMISSIONER SAUNDERS: Mr. Chairman?
Page 104
March 28, 2023
CHAIRMAN LoCASTRO: Yes, sir. Commissioner Saunders.
COMMISSIONER SAUNDERS: If I might, since
Mr. Klatzkow has gotten the floor there, I'd like --we're dealing with
the resolution today. I'd like for Mr. Klatzkow to go into some
detail --and this will take a few minutes, but I think we need to know
exactly what this resolution does and does no o, not just the
general, you know, it's a resolution that w ' proving. I want to
know what the resolution does from the ctive of the County
Attorney.
So, Mr. Klatzkow, can you e
says and what it does?
MR. KLATZKOW: The reso
expressing its intents, it
nonbinding. It's simpl
expression of, I
has handled t
COM
screen, Co
MR.M
gal s oint, it's
rd's wil , and it's an
the government
you tell me --go in
tion, not just that it's an
ar what it says.
nd perhaps if Troy could --
ing to 11 it up.
' e going to pull it up again on the
everybody can see here.
ill take a couple minutes here to load.
We're having In ues.
CHAIRMAN CASTRO: I mean, am I correct --I don't want
to oversimplify --the resolution is sort of the verbiage and the
nice-to-have wordage, but the ordinance is really the meat, the
directive, it's a little bit more of the meat on the bone? Is that a fair
summary or not --
MR. KLATZKOW: An ordinance is --an ordinance is legally
Page 105
March 28, 2023
binding.
CHAIRMAN LoCASTRO: Right.
MR. KLATZKOW: A resolution --and this board does
resolutions of all sorts . It's simply an expression of the Board's will.
CHAIRMAN LoCASTRO: Will.
MR. KLATZKOW: And we're having
All right. Well, I'll just go --I'll just go i
The first thing that the resolution r
to no medical mandates, stating that · '
r.
is that there's a right
to mandate any medical protocol, , medical
in any circumstance
edure, et cetera,
on any patient or citizen of Colli ounty.
Again, this is not a legal issue. the
a lawful mandate, for exa you ha
know, we would be bound
The second is right to n
discriminate aga · pa tie
xou
ent gives
k,you
t's against the law to
n their medical or
healthcare dee·
Third, info asking that people be given
their in£ rs without any interference by
ersona zed care. Doctors and patients
an legally available therapies for
treatment 1 or punishment.
Fifth, ri e third-party interference. This relates to
the concept that ot have to abide by anything that's not
constitutional nor e have to abide by any directives from the
World Health Organization or any other international body.
The sixth is the right to not be refused care, all right. No
pharmaceutical or medical institution can mandate a person's vaccine
or health history status as a precondition to admittance, treatment, or
right to do interventional therapy.
Page 106
March 28, 2023
The seventh is the right to mental health review. No person in
Collier County can be held for more than 72 hours without a judicial
remedy in a court of law or in front of a jury of their peers. Though
I will tell you that there's a Baker Act that specifically preempts us on
this thing, but this, again, is just the Board's intent.
Eighth, right of freedom of movement. ealth vaccine
passports prohibited in Collier County. , nonbinding.
Nine, the right to medical advocat en patients have the
right to medical advocates of their c
Ten, right to forego unlawfu
quarantine any Collier County ci remedy in a
court of law in front of a jury of yo eers
COMMISSIONER DERS . Mr. tzkow, a
couple questions in ref ere
MR. KLATZKOW:
COMMISS SA
way prohibit
treatment r ·
that a
to co
med1
M
co
--does this in any
g as admitting and
All hospitals have physicians
ere with the ability of hospitals
and qualified to practice
Now, does this in any way
who chooses not to treat certain diseases
with certain r rtain procedures, does this require that
doctor to do somet g that the doctor would not be willing to do?
Is the doctor, for example, required to provide hydroxychloroquine to
a patient that has COVID-19?
MR. KLATZKOW: It does not.
COMMISSIONER SAUNDERS: All right. In your view,
does this in any way interfere with the doctor/patient relationship?
Page 107
March 28, 2023
MR. KLATZKOW: It does not.
COMMISSIONER SAUNDERS: All right. So, Mr. Chairman
and members, I don't have any particular problem with the resolution
with the understanding that it's a statement of some intent but of very
limited legal significance. But I would like to ask County
Attorney --we're going to be dealing with w her we're going to
advertise the ordinance for publication. I' e to go through the
same process with the County Attorne;:: ordinance, because I
want to --I want to understand exact at 1 es and what it
doesn't do. I'm pretty comfortab what tli olution does not
do and what it does, but I want t what the
ordinance does.
MR. KLATZKOW:
ordinance, Line 41. Li
law. It is a cut-a - a
Section 6
thing. It's
Collierized
mandate o
on Page 2 he
option of existing state
Hier County.
2, is the same
ate law that we
e Board shall not impose any
oyees without the unanimous
· es a unanimous vote for a mask
a vaccine passp
of the Board.
states that Collier County shall not require
ondition of entry without the unanimous vote
Section 10, we do not recognize --and that is new. We do not
recognize --well, unless compelled by federal or state law, we do not
recognize any authority by the World Health Organization or any
other international body to impose any health mandates within
Collier County.
Page 108
March 28, 2023
Section 11 simply incorporates the Florida's patient Bill of
Rights, which is extensive, into ordinance form. No changes to the
state law. Penalties on this ordinance are consistent with any other
code violation. They typically go to the Code Enforcement Board or
the Special Magistrate. You would get your typical fines, $100 a
day, $200 a day, et cetera. And that's it.
COMMISSIONER SAUNDERS: 0 nd then,
Mr. Klatzkow, in terms of this requires ous vote of the
Board to do certain things, this will strange, perhaps, to
some folks. But to repeal this a point where at
some point in time the Commiss ordinance
that had these provisions in it, wha he
Commission to repeal an ance th ng
requirements in the ordina f?
MR. KLATZKOW:
COMMISS SA . . . ay. o 1n your view, 1s
there anythin
existin law .
basically changes
only thing it touches on is
the
And the vaccine passports
and the oun ployees. Those are new.
MR.
COMM
interrupt.
We don't do those.
cDANIEL: Forgive me. I didn't mean to
MR. KLATZ We don't do that, but, yes, yes.
COMMISSIONER McDANIEL: So those are changes.
COMMISSIONER SAUNDERS: I would say that, quite
frankly, with that discussion from the County Attorney, I don't have
any particular problem with advertising the ordinance, but I
wanted --I wanted to go through this because I think it's important
Page 109
March 28, 2023
for the public as well as for the Board to know what are we really
doing here; what are we changing? And it sounds on this ordinance,
other than those mandates in terms of mask and vaccines and things
of that nature for our staff, we're not changing --we're basically
codifying state law, which, quite frankly, is part of our legal regime
anyway.
So with that understanding, I don't ha y particular problem
with advertising the ordinance.
Thank you.
CHAIRMAN LoCASTRO:
Commissioner McDaniel and th
piggyback on what Commissioner
advertising --everything
means we'll have more pu
wording of all this. So if w ot
you to advertise · g bac
you just read i
We're just agree
M TZ
--before I go to
·ust to
g the ance
ight change the
orward to direct
g the ordinance as
every line on there.
ussion, correct?
lace --it would be placed as
ght.
your next agenda.
STR : Yeah. And at the end of that
discussion, w you know what? We just had a three-hour
meeting on it. erything on there, I'm voting against it, or I
think it's all perfec , d we move forward, or I want to change A, B,
C, D, and E, right? It would give us all that latitude on the
ordinance?
MR. KLATZKOW: No. The only thing I would ask from the
Board, if you want to make any changes, that we make them now so
we could advertise those for the public and then bring back the final
Page 110
March 28, 2023
version.
CHAIRMAN LoCASTRO: But if during the public hearing we
heard new information, we heard --I mean --
MR. KLATZKOW: You are correct, sir. You are correct, sir.
CHAIRMAN LoCASTRO: Right. We have that latitude, I
mean, so --Commissioner McDaniel.
COMMISSIONER McDANIEL: Y I'd like to move this
along. Because we have two things that we have today.
And I want to ask Commissioner motion to bring
back the ordinance --advertise · t a future
meeting. I think the County eting, but --
COMMISSIONER HAL ve the
ordinance forward to pub · ss the lution.
COMMISSIONER 't do both.
COMMISSIONER HA I make the motion to
move the ordi
COM
CHAI
C
co
COMM
CHAIRM
(No response.
econd that.
So I have a motion and a
: Aye.
: Aye.
AL: Aye.
AUNDERS: Aye.
STRO: Opposed?
CHAIRMAN LoCASTRO: Okay. So moving the ordinance
forward for a public --to a public hearing has been approved
unanimously .
COMMISSIONER McDANIEL: Now I have --
CHAIRMAN LoCASTRO: Yes, sir, go ahead.
Page 111
March 28, 2023
COMMISSIONER McDANIEL: On the second thing,
Commissioner Hall, I have --I have concerns with the resolution.
And for those of you who were here during the --during the event, I
advocated 100 percent for personal choice all the way along the line.
I have concerns with some of the extremities that are brought forward
in this resolution, and I'd like to --
COMMISSIONER HALL: Sure.
COMMISSIONER McDANIEL:
discussion with regard to these thin
You already pointed out that
accusatory. The third whereas,
of conjecture almost. The immun1
know those things were p t there J
knowledge that was surrou
treatments.
s statements
gs --we
oft k of
and the necessary
where it designates
It's been
I have real
the vaccine as
demonstrated th: should say, that it could be
C
co
COMM
CHAIRM
front of you, actua
here there.
oncerns about us.
t we remove that one?
eah, which one are you reading?
We removed that one.
cD NIEL: The fifth.
OW AL: You have an old version.
STRO: Yeah, you've got an old version in
Click on the agenda; they put the latest one in
COMMISSIONER HALL: Here.
CHAIRMAN LoCASTRO: Just while we're going back and
forth --
COMMISSIONER McDANIEL: Because I've got notes on the
Page 112
March 28, 2023
old one. The only one I have here is the old one.
COMMISSIONER HALL: They're all pretty similar. We did
away with two of those.
COMMISSIONER McDANIEL: Which ones did we go away
with? Because that didn't get to me.
CHAIRMAN LoCASTRO: County At
for clarification, the ordinance and the res
own separately. So if for some reason
talking hypothetically --we didn't li
failed or whatever, immaterial. I
unanimously on the ordinance, r ?
MR. KLATZKOW: That is c
CHAIRMAN LoCA 0:
goes forward, public he
Resolution is a se t
COMMI
ey, though --well,
n, they stand on their
't like --and I'm just
· on, it didn't pass, it
we just passed
nor
disagree.
e that
CH
about, lik
said
· , that talks more
ings. It's not really, like you
--not legally binding.
I understand the process,
in egregate the two and then have a
discussi the resolution, but I need a minute to go
through w
CHAI STRO: It's all yours.
COMMISS R McDANIEL: --actually being --what's
actually being presented because all I have is this one that was given
to me yesterday, so ...
I'm going to go off of my one. Has it been verified with regard
to the clinical data, the amount of deaths and adverse cases and those
sort of things that is represented in here? Has this data been
Page 113
verified?
COMMISSIONER HALL: Not by me.
COMMISSIONER McDANIEL: Okay.
March 28, 2023
County Attorney, is the sixth whereas, the continued
experimentation on humans, is that a violation of the Nuremberg
Code?
MR. KLATZKOW: I think that was
COMMISSIONER McDANIEL:
because I liked --
CO MMIS SI ONER HALL:
removed.
COMMISSIONER McDANI
well.
The seventh whereas
forgive me. The
organization sue
organizations
regulatory autho
oved, sir.
Well, that's good,
one that was
bered, so you'll have to
·t says, the global
not those
They have no
M TZ o regulatory authority over the
Okay. Did we --
C : That one's not in there, Bill.
CO cD NIEL: It's not?
COMM ALL: No.
COMMIS McDANIEL: Forgive me. I'm operating
off of the data that s given to me yesterday, so ...
COMMISSIONER HALL: There's the comment right there on
theW.H.O.
COMMISSIONER McDANIEL: Sir?
COMMISSIONER HALL: I said, that's the comment there on
theW.H.O.
Page 114
March 28, 2023
COMMISSIONER McDANIEL: Oh, okay. I have a concern
with the representation that the United States and the State of Florida
Constitution is no longer being upheld. I have an issue with that
one. How about the whereas, is the --is the FDA no longer
requiring pharmaceutical companies to conduct animal testings?
COMMISSIONER HALL: That's true.
COMMISSIONER McDANIEL: T
way I read the rest of the whereases, th
Constitution of the United States an
CHAIRMAN LoCASTRO:
something --you were lit up. I
COMMISSIONER HALL:
information.
Mr. Kiley.
MR. KILEY: e
COMMISS
if we verifie
CHAI
Slf.
the 't ven it, but --
verified, okay. The
just reiterations of the
Florida.
11, did you have
cDaniel asked me
' I · 1ed it, and also I've shared
it --Com
think at least
ectfu y, I've shared it with you, you know, I
ils. You know, we've also provided you
ly extensive study done by dailyclout.IO.
We gave you their ole book in electronic format. That --you
know, this --this data that's compiled in this book is the work of
3,000-plus doctors and scientists and biologists that have poured over
the court-ordered Pfizer documents that were released.
And so, yeah, the data is there. It is in your possession. Thank
you.
Page 115
March 28, 2023
COMMISSIONER McDANIEL: Thank you, sir.
Well, if --and it's not a condition of approval, but it is a concern,
and that's my representing that the Constitution of the United States
and the State of Florida is not being upheld.
COMMISSIONER HALL: I'm good to strike that.
COMMISSIONER McDANIEL: Strik hat, and I'll second
your motion for approval.
CHAIRMAN LoCASTRO: Well
COMMISSIONER McDANIE
as well, but. ..
CHAIRMAN LoCASTRO:
moving forward goes without sayin
unanimously.
I've said before in thi
not a big, you know, suppo
, I have some --
can go to discussion
what the topic was, I'm
feel-good things that
o ow, like you said,
s a ble, but, you know,
do nothing. Th·
the County At
his opinion is so id have merit.
Its f ve
agre
nam
the big
cells on th
cusatory. And whether I
r it means you're signing your
And realistically, to me, I think
e ordinance, and I'd rather burn brain
The reso e, is a feel-good thing, walk out the door.
Hey, we think a ings went wrong. And I don't know what it
does. And so it's t similar conversation I had on the 60-day rental
ordinance where I said, you know, half the people at the podium said,
well, you know, it will just make people feel better. You know, this
might make people feel better, but when I read this line to line, there's
some things in here that are more than just feel good. They're very
accusatory. They're arguable. There's people that I respect who
Page 116
March 28, 2023
came to the podium that would disagree with almost every single
thing on here. I'm not saying I 100 percent agree with them or
disagree.
But I --I just don't know what the benefit is of this resolution.
So I guess I'll ask either Commissioner Hall or anybody who wants to
chime in, why approve this? So approve thi and it does what?
Much like the 60-day ordinance.
You know, the only thing that I vo
feel-good thing, and it was more bee
am a veteran and a patriot and --
Rights ordinance.
But even then, you know, that
support our country, we s rt the B
Collier County's going to
This is something very
I agree a thousa nt wit
that I thought was a
th1 was --because I
nty Bill of
.Y ow,
's some things in here
her agree with all
of this or you
name to it, and
1t we're signing our
highlighting the things that we
agree w
issioner McDaniel read in
here mine here I thought, you know, I don't
necessa agr ut then, more importantly, why?
You e jus unanimously approved the bigger
thing, which nee moving forward and having
discussions. tion does what? If it failed today
unanimously, I rea eel like we walk out the door and nothing
changes. If it passed today unanimously, nothing changes. It's just
a matter of putting very, very specific and, in some cases, accusatory
and angry things on paper. And I actually think that this is taking
away from our discussion about the ordinance, which I really think is
the bigger thing.
Page 117
March 28, 2023
So I'm not about just passing feel-good things because, you
know, I got 10 more emails saying I should do it. I'm reading this
word for word, and I have to believe in this, and I actually don't in a
lot of cases. And not because I disagree, but I just --I don't see the
value in passing this.
And so I throw that out there as a questi
Somebody --somebody educate me as to
the value of passing this resolution? I
ordinance, and I'm going to bum a la
resolution restating these differen
very --
COMMISSIONER HALL:
CHAIRMAN LoCA 0:
to hear a little bit more on
COMMISSIONER Mc
you are having -
m wrong. What is
e value of the
ls on that, but the
em which are
, I need
k you what specific
CHAI an, how you sort of start
missioner McDaniel, you know,
you started to feel better the
. I mean, I might be over
sum w, the ing at the top where we're
saying, her of deaths and whatnot. So,
okay, I un r. 1 ey said, you know, hey, that's all been
verified. Bu d bring 10 people up here that say it isn't,
and I'm saying --makes it an unknown for me.
But, you kno , ccusing our government of certain things and
the Constitution, I'm not saying it doesn't have merit, but why? You
know, why do we need to approve this? And I'm asking it as a
question. I'm not --I'm here trying to decide my position on this. I
never come to this seat with a predetermined position. But as I'm
sitting here reading the latest one, passing this does what?
Page 118
March 28, 2023
Doc?
DR. YIACHOS: So I think the biggest thing we're trying to
accomplish with both pieces here is to codify that local control is
superior to federal or state control when things are being done that we
don't want done. And, granted, right now we're not worried about
mandates, right, but that's going to change. ight change next
week. It might change two weeks later. e new bug that comes
out of a China lab's going to come our d the same people that
benefited from this scare are going t e same stuff to us
because we didn't step up to put t · p that.
CHAIRMAN LoCASTRO: e ordinance
does that? This is my summary o I'm being a
little bit more, I don't wa ay hyp t I w drive to
a decision I feel good abo score with how
many emails I got.
I think the resolution --and I
might be over m s like a summary of
what happened upset about it.
An McDaniel, some things
hapP, e con and then --or little
kno ths late , of course, you know, new
info · e, wow, we made the wrong decision
at the ri information we had, but we didn't have a
crystal bal there was some of that.
But I loo olution as all the things we're upset about
that happened that want to make sure doesn't happen again, but
then I look at the ordinance and I think, everything you just said, I
agree with it a thousand percent. That's why I want to be back in
this room talking about the ordinance. It actually legally does
something, as our County Attorney said.
This resolution here seems like a --you know, like a kid that's
Page 119
March 28, 2023
got a chip on their shoulder and they want to put something in writing
to sort of get the last word, and it feels a little bit that way to me.
And I want to hear from people who disagree with that assessment as
to what the benefit would be.
Again, you know, I go back to my initial question: What would
be the benefit of this? I don't see the two do ments as going hand
in hand. I see this as being a nice narrativ. the ordinance as
being more of the legalese, the meat on e, and that's why I
think we voted on that one so quickl e all agree with that.
But this resolution, to me, ju ·ke a summary of
all the things we're upset about. lot of these
things on here, but, you know, bein talking
about it are two different
COMMISSIONER Mr. Kiley has a
good purpose for t
CHAI
I'll listen to an
MR. KILE
about --
Klatzko
co
ordinance.
hat we're here for.
er Locastro, to your point
ution "feel good."
uh.
ike to do --Attorney
o. 7 from the ordinance?
IEL: We're not talking about the
MR. KILE , I know we're not talking about the
ordinance, but this n important point that will dovetail directly --
CHAIRMAN LoCASTRO: Okay. Because --
(Simultaneous crosstalk.)
MR. KILEY: --with the resolution.
CHAIRMAN LoCASTRO: We just voted on it unanimously.
(Simultaneous crosstalk.)
Page 120
March 28, 2023
CHAIRMAN LoCASTRO: I want to know why you want my
signature on this.
MR. KILEY: And it's going to answer that question, perfectly,
if you would, sir.
MR. KLATZKOW: You want me to read--
MR. KILEY: Number 7.
MR. KLATZKOW: Section 7, vacc·
MR. KILEY: Section 7, correct.
MR. KLATZKOW: Section 7.
Collier County employees. Unle
shall not impose any vaccination
employee without the unanimous v
MR. KILEY: Oka~ o there
County employees, right?
option for no mandates. A
that correctly?
MR.KL
not im ose
n mandates for
Collier County
·er County
eme he Collier
that gives them the
tly? Am I hearing
is that this board will
ees.
So what about the rest of
ing to do with the rest of the
public.
MR.
COMM ANIEL: No.
MR. KLA : It does not.
MR. KILEY: nd so in the resolution, Point No. 1, no
mandates, you see, we want that same right. We want the same
benefit that you guys are willing to give county employees. And so
the resolution, for us, is a baby step that allows us to marshal activists
across the county and across the state and make meaningful change to
combat the tyranny that's coming. And we have to --we have to get
Page 121
March 28, 2023
offensive. It is time that we get on the front side of this. We cannot
sit back and play defense.
It's obvious that's what's coming with the World Health
Organization and what they're contemplating. The level of tyranny
has only just begun. Gentlemen, you're giving us --you're giving us
a --and I don't mean to be disrespectful, bee e it is what it is, and
it's nothing against this Board, but it is a --· thin lifeline in which
to move forward and make things bette Hier County citizens.
CHAIRMAN LoCASTRO: B st put the things in
the resolution that you feel are ce in the
ordinance? Why am I passing g I'm not
comfortable with, okay. First state
health agencies have d y to thful,
transparent, and consis ns of Collier
County. That's
My opini
I mean, that
COM
percent right, but
it's percent.
. Chairman.
you know, that's one that
I --a d go back and forth and
happ · s thing. You know, let's change this
word. s. t think the ordinance is where the
meat is on here's something that the ordinance --like
you said, it o county workers. The ordinance can be
written any way want. Why two documents --I don't look at
these documents as 1ng complementary. I almost see them
redundant in places, and I see things in the resolution, I think, that are
unnecessary and might be feel good to people that I definitely agree
with that COVID wasn't handled well and all that. Nobody has an
argument with that from me. I just wonder, what is this resolution
going to accomplish? I mean, I sound like a broken record. And if
Page 122
March 28, 2023
it's going to accomplish that, there's things in the ordinance that
are --that don't protect the citizens of Collier County, and that's what
we need the resolution for, then why not just take some of the
verbiage out of the resolution and put it in the ordinance and have a
better document?
MR. KILEY: You know, that's a good
forward with this strategy --
MR. KLATZKOW: I can answer
don't have the authority to do a lot o
would be unlawful.
MR. KILEY: That's exact
CHAIRMAN LoCASTRO:
a problem with it.
MR. KILEY: That's
(Simultaneo o
MR.KL
When I came
estion: Because you
he resolution. It
ly tailored, right?
The resolution
MR. KILE oCastro, when I came forward
ey Klatzkow, we worked
toget o ave any preemption issues.
And he two, and that is why the elements in
the re esc d earlier, are aspirational in nature,
okay. ieve are God-given human rights that we
wish to --ke changes in the state statutes that do not
reflect and ac gainst our constitutional rights and our
God-given rights. at is the purpose of the resolution.
And the strategy that we --that we've laid out is really essential
for the Board in that the ordinance follows state statutes, and it does
not have preemption issues. And that was a key stumbling block
early on. And the resolution is not legally binding. And so, again,
it is a statement of aspiration that allows us to move forward and say,
Page 123
March 28, 2023
hey, these things can be better. Let's make them better.
CHAIRMAN LoCASTRO: I mean, part of my conversation
here is to generate some conversation here. I don't --you know, I'm
not a commissioner that says, yeah, I agree with 7 5 percent of it.
Okay. All in favor? Aye. Move on.
I mean, I want to feel --I respect my si ture and the citizens I
represent, even the ones that I disagree wi the ones that
disagree with me. But, you know, I sit
know, we all just came back from T
happening in Tallahassee, a whol
to do with COVID that are goin
sitting here saying, you're asking m
whereas our United State ur Unite
Constitution is no longe eld an
County citizens ar i
here think --a
COM
MR.
d read, whereas --you
lot of great things
at have nothing
etter. I'm
t says
tate
a result, Collier
nty Commissioners
tot y?
already took it out.
, that's the one that's sitting
on --
Is it po
grant that
er Locastro, is it possible?
ere when we evaluated the CDC
CHAI STRO: Right.
MR. KILE there were --there were changes made on
the fly right here. e that out.
COMMISSIONER McDANIEL: We did.
MR. KILEY: Take that out.
CHAIRMAN LoCASTRO: Okay. So on the fly here, we took
out, based on the conversation we were having here, looking at, you
know, two or three different versions, the Florida state constitution
Page 124
March 28, 2023
one, correct? Is that what you're telling me? That was part of the
discussion you-all were having when you were comparing the old and
the new, right? That's one of the whereases that got taken out?
COMMISSIONER McDANIEL: I believe it has. We haven't
voted on anything yet.
CHAIRMAN LoCASTRO: Thank goo
COMMISSIONER McDANIEL: T
COMMISSIONER KOWAL:
current version.
COMMISSIONER McDAN
ought to --
COMMISSIONER HALL:
CHAIRMAN LoCA 0:
COMMISSIONER
give my idea if it' t
COMMI
we can say, w
demonstrated, s
demons
Colli
him, and then I'll
e, in the first one
ate cies have not
to be truthful," but have not
ent in protecting the citizens of
e n that.
--in . 6, whereas, if global
organiz e Health Organization were to subvert
the Consti Cons 1tution, then these resolutions
will --then at in there.
CHAIRM STRO: Do you think the numbers on the
Pfizer numbers are rth actually quoting the exact numbers there?
Because unless we have, you know --I mean, I understand what
Mr. --
COMMISSIONER HALL: I could strike that.
CHAIRMAN LoCASTRO: --Kiley is saying, but --and I'm
just wondering what the value is. You know, you could make that
Page 125
March 28, 2023
one hold its weight without sitting here --because also, too, when we
put something in there, we run the risk of people challenging it and
saying, it's not 12,023, and where'd you get --and I think the bigger
statement we're trying to make in there isn't so much about the
numbers. I mean, we know there are numbers. They're not zero.
But it's --it's being a little bit more --I guess ving a little bit better
verbiage that really covers it in its entire(~,: out being overly
specific and then too accusatory or the o be challenged, you
know, more easily.
MR. KLATZKOW: Com .
preparatory. You can eliminate
get to the heart of the resolution aft
clause is
nd thenjust
resolved."
CHAIRMAN LoCA
this here before --I'
don't love doi
paper, and w
thought we
brou
this
everybody
you this. We've done
ers lit up. But I
seeing the piece of
m gs before is, when we
to other topics, and then we've
o outside the room and type
ting on, and we don't all have
nd we e doing it on the fly.
' rather not do this on the fly. But if
is on the fly, then I'm the lone voice.
e where we've gotten --we've moved But we've do
forward with th
last thing.
ng business of the county and made this our
Does anybody have an appetite for that since we seem to be
going around with multiple versions?
COMMISSIONER SAUNDERS: I agree with you,
Mr. Chairman. That was --as a matter of fact, I was getting ready to
say that.
Page 126
March 28, 2023
I'd like to see the final draft. We've taken some out --some
whereases out. Perhaps Commissioner Hall can work with someone
in the County Attorney's Office for a few minutes and come back
with another draft that addresses those concerns. But I think you're
right, we need to --we need to have a final draft so we know what
we're voting on.
CHAIRMAN LoCASTRO: I mean, .
and the last two pages don't require mu
that we're --oh, that was just taken o
three-page document,
g. It's really Page 1
ds ago, and, you
know --
COMMISSIONER McDA
CHAIRMAN LoCASTRO: -
COMMISSIONER NIEL:
concerns. I haven't got to
CHAIRMAN LoCAS n all the more reason,
so --
COM
CHAI
e I have issues.
then let me give you the floor,
oncerns, and then if --you
11 the right people here. I'm
an an aying everybody come back in a
ok a: ocument that has three new sentences
ike is give you the floor, and then if it looks
rtain direction, we've got time. It's 1 :47.
We can do othe nd, with the right people here, put together a
document that we a: proud of.
Commissioner McDaniel, the floor is yours, sir.
COMMISSIONER McDANIEL: Did you unlight? Because
you were ahead of me.
COMMISSIONER HALL: I turned it off because I got --
COMMISSIONER McDANIEL: Okay. On Page 3, No. 3,
Page 127
March 28, 2023
informed consent without interference. I have an issue with "the
information intentionally or unintentionally." If we could take out
the words "intentionally" with regard to that sentence, I can get
happier with that whole process.
Number 5, I think if we were to just put a period, which it is, at
the end of "Human rights are given by God a these rights are
protected by the U.S. Constitution and the of Florida's
Constitution," and not reiterate all of th er things that are
suppositions out of the 9th and 10th ith regard to
interference by these other organi s. I thin at would be a
clearer statement that we just are owledging tH e rights are
given to us --or they're God-given we don :ve to
exemplify it.
Number 6, I feel like
premise --preference on pha:
There are medic
don't concu
concern ab
positions of thought or
edical institutions.
t are out here that
e just as much
s.
· hone are you on?
. Page 4 of 4.
mber4?
NIEL: And No. 6 and the right to
·fa p armaceutical or medical institution
chooses to re r whatever reason, then they have that
much --they ha as much of a right to that refusal of care as I
do to tell them that y can't.
Number 7, the County Attorney's already said that the
mental --the mental health aspects of this are already preempted by
state law with regard to the Baker Act, if I'm not --did I understand
you correctly, sir?
MR. KLATZKOW: Yes, sir.
Page 128
March 28, 2023
COMMISSIONER McDANIEL: Okay. So having that's
contradictory to statute, so I really wouldn't rather see that.
Number 8, I'm totally okay with vaccine passports, but
health --there again, I feel like I'm dictating policy to private
business holders or people to be prohibiting access based upon health
and --vaccine passports is one thing, but so ne's --if someone
actually does have a transmittable disease like a business or a
person in our community should have t to refuse that --that
citizen into their premise.
And then No. 9, there again,
for a medical advocate, but the n
must," that's where --and, again, I
no enforceability with a r tion, bu
brings up a very valid poirr
something here, but when I
individuals or pr· tituti
if --just as if i dictat
things by the go
So ugn
have the right
"hospitals
e's really
issioner L astro
're in favor of doing
to private
to it just as
ad to do certain
he sentence "hospitals must
reco orne already do if they choose
to --
the que
been repre
impose a qua
're sup osed to, but --and then No. 10,
or t lawful force of the quarantine. It's
Attorney, that the government could still
MR. KLA Yes. The federal and state government
has sovereignty. y could do that.
COMMISSIONER McDANIEL: Okay.
COMMISSIONER HALL: I would think that the state has
sovereignty over the federal government.
MR. KLATZKOW: No. Civil --with all due respect, the civil
war ended that. The federal government is supreme. The federal
Page 129
March 28, 2023
government is the supreme law of the land.
COMMISSIONER McDANIEL: So it No. 10 --is No. 10
lawfully correct with --
COMMISSIONER HALL: I worry it violates the Constitution.
Sorry.
COMMISSIONER McDANIEL: That'
We're --there again, we've already had thi
get --we don't get to talk about these t
Terri's down here writing down all
Number 10, is that a correct
quarantine?
MR. KLATZKOW: It is abs
COMMISSIONER NIEL:
other --those are my other
of what was given to me.
kay. Don't be sorry.
ussion. We don't
til you all are here and
words.
ith regard to the
o tho e my
from the old rendition
CHAIRM STR to something a little . more genenc.
things that are o
and the it's
u a -item veto of all the
just make a generic statement,
lks that drafted this and
on it with us --I mean, you
can another meeting or take
advanta ere. You know, you're not rewriting
the Consti eclaration of Independence here. You
know, we're the Empire State Building.
I would ex could wordsmith this. So here's the generic
thing I would say, ause I'm not going to line-item veto it. I just
want you to hear my generic statement and, as you read this, have my
thoughts in the back of your head if you want me to support this.
This comes off as very angry. And that's not --that's
not --we're all very angry. I sat out in that audience for a year and a
half as a candidate and didn't like a lot of the things that were decided
Page 130
March 28 , 2023
up here. Some were decided with bad info by good people. Some
were decided by people who were passionate about a thing --you
know, a certain decision that I, a thousand percent, disagreed with.
But I'd like this resolution to evoke leadership and proactiveness
and be much more positive. I don't think I need to reiterate the
things that happened a year ago that the gove ment didn't do right.
I think the ordinance is what we're trying t passed to not make
the same mistakes that happened. But think we need to, you
know , have a resolution that the bul of reminds
everyone or rubs their nose in it t
So I think as, you know, a p
something that I'm going to put my
in here that I think are les
we've taken some of those
know, proacti
that --some
things that h
care
e's things
pro nal --and
ionally, and it's not
eadership and, you
d it doesn't mean
me of the negative
earing that, if you
ld sit down in a quiet room
gure out the two or three
wor e top, e too much.
is ying, let's spend this much time or
more on tH en we come back here, because that's the
actual thing. -this is frosting, and --but it's still
important, beca 't want to sign something that I think is
throwing spears at ain things that are either dusty and old and
don't need to be rehashed or are arguable.
But the ordinance is the thing that I think is --that I know,
especially what the County Attorney's educating us is that's a thing
that has more meat on the bone.
So I just think as I read this here, I don't think I need to, you
Page 131
March 28 , 2023
know, rehash certain things in here that are either arguable or not
really worth the paper that it's printed on. It's like, okay, so that
statement might be true, but, you know, does it need to be in writing
in an ordinance dated 2023?
And by our own admission here, we've already taken out a few
things that I think were worthy of taking out. There's a few more
verbiage things in here that I think are un cl , and you could
still --you could still leave in these sen o get the point across
without sort of trying to be over the unnecessary,
because then it takes away from t and the
leadership that I think we want t ier County,
and it makes it a little bit more pers e, is what I
would say, so ...
DR. CHAMBERS: d I say something,
sir?
CHAIRM
DR.CH
saying in the be
betwee
this -
hono
the ord1
Butt
w,
hen you were
, the difference
you'll understand
a constitution, or oath of
e swear that. That would be
at' s what we do.
re certain things within the units at the
dified. But as a ranger, recognizing that I
fully knowing the hazards of my chosen
profession, I will a ys endeavor to uphold the honor, prestige, and
esprit de corps of my ranger regiment. It goes on. The Special
Forces creed as well. That's a creed. It's not codified.
CHAIRMAN LoCASTRO: Right.
DR. CHAMBERS: But it's what I use, and it's what I teach my
soldiers to use on the battlefield when they're out there to maintain
Page 132
March 28, 2023
that sense of honor and to have all those things lined out which keep
us with our left and right limits and understanding our backstops and
where we are as Americans. I believe that that's the importance of
that other piece of paper.
CHAIRMAN LoCASTRO: But, you know, what you just said,
Colonel, I agree with it a thousand percent, b everything that you
just said, right --and, yeah, we get it, but get it up here, you
know. And I think nowadays you don' arily have to wear the
uniform, although it brings you a lot
Everything you just said was
leadership, okay. I know, like
conduct and all the things --you krl
alism and
es of
training. I've been to SE So peo 't even kno hat
you're talking about here. n ther did the POW camp and
all that.
ordinance.
trying to co
said t
the
Force, then eve
u J said is in the
aid --as you were
rmy. But everything you just
or Marine Corps --you're in
Ranger.
STR : Or I mean, Ranger. Sorry, that
was here. I'm Air Force. So it's Air
Although, yo right, I don't know what the Space Force is
doing. You and I --I got you on that one.
But I love what you just said, because it was professional. It
was said with leadership. Every single word that you just said in
that oath and that direction and that mantra was said with
professionalism. If you want my support on this, I want this written
Page 133
March 28, 2023
by somebody that has that same kind of passion, depth, leadership,
integrity. There's some lines in here that are more angry than they
need to be. This should inspire people. It shouldn't remind people
of all the missteps that happened a year ago. I think everybody
knows that.
UNIDENTIFIED SPEAKER: No, the ~ on't.
CHAIRMAN LoCASTRO: Well, t . ould do more than just
remind them of that. It should be both
And I think this document defi ·
get the verbiage a little closer to
bit more of --you know, a little l
little more of reminding. What di
need to be reminded. T ' a --the
This is just my ow
it would behoove i
forward, go in
Commission
day we can
But
on t
oft
sur
it. I think you can
hich was a little
owing and a
me people
wa do it.
e close, and I think
t, as we move
be with
1 by the end of the
1 more satisfied with.
ve this same deep discussion
be something that has a lot
, documents in it.
C STR : But that guy should be on your
small team h that passion and also that integrity and
whatnot, I like t that in county documents.
MR. KILEY: or sure.
CHAIRMAN LoCASTRO: I'm not here to throw spears. I'm
here to be a leader and here to be respectful.
MR. KILEY: Yes, yes.
CHAIRMAN LoCASTRO: Even on things that I'm angry
about.
Page 134
March 28, 2023
MR. KILEY: Well, Commissioner, if I could make a comment,
please.
CHAIRMAN LoCASTRO: Yes, sir, and then I'm going to go
to the commissioners here. They're all lit up. Go ahead, sir.
MR. KILEY: I hear what you're saying. I agree with what
you're saying. I think that the whereases are s you described, a
little angry. You said I'm angry; I'm ang think a lot of citizens
are angry. But that's okay. I agree, le' rofessional. You
know, at the end of the day, we wan make positive
change. So what I would ask yo ereases out, all
of them. As Attorney Klatzko d, let's start rig om "now,
therefore be it resolved." It focuse nd
potatoes of the resolution
Commissioner McDa
informed consent ·
COMMI
MR.KI
professional
thin
opposition under
"· let's strike that.
ave ething that is
can move forward with.
I like that because I
You know, we're trying to
move --arr ks that are on the fence or maybe that aren't
here and they hat they believe, we're trying to also
explain and con citizens that maybe don't have as much
knowledge as us arr ot make them more angry but have them sort
of understand what happened, what didn't happen. And so people
that know very little about this topic, I want them to read this
resolution and not all of a sudden be even more angry.
MR. KILEY: I agree.
CHAIRMAN LoCASTRO: They may even disagree with it.
Page 135
March 28, 2023
And to your point, sir, when you said, let's start at the "now,
therefore," like I said, I'm not here to line-item veto it, but I can tell
you when I get to the part that says "now, therefore," everything
below it, I start to really like that stuff. And the things above, even
though I don't disagree with some of them, I just don't think they're
necessary.
MR. KILEY: I agree entirely.
make a great point.
CHAIRMAN LoCASTRO:
I'm going to go to commissi
and then, Commissioner McDan
Commissioner Hall.
Commissioner Kow
COMMISSIONER
Yeah, I kind of agree
because, you kn
resolution, I
whereas points,
words a kn
ur point --I think you
thought.
issioner Kowal,
then
issioner LoCastro
ou w, I vote for this
agr · th every one of these
re I --you know, they're not my
e people.
ized in probably a
well-oint w ere it just says that us moving on
as a bo so llier County, that we will always take
the people 1 rign sin every situation that's brought
before us an ea decision using constitutionality in
making those de o protect those rights and the sovereignty of
the State of Florida d not allow outside entities to have the ability
to interfere with that sovereignty.
And this probably could be written up --because those are my
words and the way I feel --and not so much have a lot of these things
that --you know, and we were talking about weapons. You know, I
carried a weapon for 28 years, but it was used for good, you know.
Page 136
March 28, 2023
There's not always --you know, the soldiers in this room can vouch
on that, you know. It's a way of life sometimes.
But I don't know about --I wouldn't use my words in this
particular paragraph as a weapon, you know. That's somebody's
opinion. I've been exposed to a biological weapon, anthrax, before
that was used with intent to hurt people or ki eople. And when
you talk about weapons and you talk abou pons to be used for
hurting people, then you have to unders at the intent is. And
I don't see that. I don't see the inte me in this particular
paragraph.
So, yeah, I have a hard time
And like I said, I hope we can just
nice condensed well-writ
but I think basically thew
moving on, and myself, that
constitution whe
Collier Count
COMMIS
CO SI
·n here.
ly have a
ca ress it,
we can say that
itmus test of our
ec e citizens of
e ving forward.
Agreed.
thank you.
missioner McDaniel, and then
And I'm going to --I have
two things say out loud. I mean, there's a lot of tape
here and disc egard to concerns, representations,
statements, the s are said.
My suggestio , we're going to hear that resolution --or,
excuse me, we're going to hear the ordinance at our next meeting.
Why don't we continue the resolution for and until that date and vote
on them both then with any final adjustments that are necessary. I
can tell you, on the draft of the ordinance that I have in front of me,
there are --there are things that I have concerns with that we're not
Page 137
March 28, 2023
going to get into today for and until we actually vote on it. I can
share with those --I can share those with you off-line.
But I just --my thought is rather than --you know, I was asked
to wordsmith this and go through this, which I then found out was
three renditions later of what's actually being brought forward today.
So my suggestion is --I'll be happy to hear t ordinance and have
discussion about it, but my suggestion is 1 ntinue the resolution
aspect of today's vote and work on that e actually hear the
ordinance .
CHAIRMAN LoCASTRO:
like I said, I don't want to have a
do something on the fly. This is a
test of time.
But, Commissioner
COMMISSIONER HA
the language. I
terms "accus
loved what
on't want to
stand the
uld love to clean up
why I used the
ut n do that, then. I
d, the opening paragraph. Just
aid so we can include that.
Did you write that down?
Terri did.
But, tement like that. We'll clean up the
language wh where it doesn't sound angry and mean,
and we can use ution to be leaders in the state from Collier
County where we c educate others. This is where --this is where
we want to go. And, you know, every crowd needs a leader, and I
would like to see Collier County be that one. So, I'm all about --I'll
make --
(Applause.)
COMMISSIONER HALL: I'll make the motion to table this to
Page 138
March 28, 2023
clean the language up and bring it back when we look at the
ordinance.
COMMISSIONER McDANIEL: So I'll second that.
CHAIRMAN LoCASTRO: Okay. We've got a motion and a
second.
COMMISSIONER McDANIEL: I hav
CHAIRMAN LoCASTRO: Okay.
COMMISSIONER McDANIEL:
you, Doc. How do you feel about
DR. YIACHOS: I thought
COMMISSIONER McDA
DR. YIACHOS: There'
is near," right? So the a
the amount of death that o
therapy, statistical · t'
comment.
missioner McDaniel.
· 's for you, Doc. Or
'run, death
that ates and
g Remdesivir
sed.
w do you feel COMMI
about Paxlovi
DR. YIA bably not doing anything.
toms it seems that things
recur
long
re, the solution is continue it
C Okay. I just --and --
DR. nd as a class, those inhibitors that were used
in the past du era causes a lot of harm long term.
COMMIS McDANIEL: Long term.
DR. YIACH . And I don't hear anybody talking about that.
COMMISSIONER McDANIEL: Well, there hasn't been a long
term yet, necessarily. And for folks to know and understand, how
many know my mum's in the hospital right now.
And from a personal standpoint, my mother was treated with
Remdesivir 10 days ago. I'm struggling with that. My brother had
Page 139
March 28, 2023
COVID, a four-time --a four-tour marine --four-tour marine. My
brother was treated with Paxlovid, who also had COVID.
So you know the struggle is real for your decision makers.
Credence is being taken for what you're sharing on both sides. I
don't mean to segregate the folks. But I just want you to know that
there's real struggles going on with the repres tations and the things
that are being said, and that's one of the re why we want it to be
right. Got it?
Okay. My comments are done
CHAIRMAN LoCASTRO:
a second to kick this to the next
we will --
COMMISSIONER
"Kick" is a little aggressiv
CHAIRMAN LoCAS
about aggressio
been affected?
Somebody
need it.
all for your vote.
ot a motion and
ontinue.
This has all been
w negatively I've
at the break. I'm going to
the next meeting, and we're
know, like to always highlight
en ere in Tallahassee and talking about
the vetera e, we re talking about sliding the timeline.
And, you kno all very clear with everyone in Tallahassee.
We're not delay1 ing. We want to make sure this is correct.
We want to be pro fthis.
You know, to Commissioner Hall's point --and we've said it in
here before --I don't want to just copy what other counties do. We'll
know we got it right when they're copying what we did and not
mocking it or what have you.
So we've got a motion on the floor to continue this to the next
Page 140
March 28, 2023
meeting with better verbiage, healthy discussion, and it gives more
citizens a chance to come and speak about it as well.
Motion and a second. All in favor?
COMMISSIONER HALL: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN LoCASTRO: Aye.
COMMISSIONER KOWAL: Aye.
COMMISSIONER SAUNDERS:
CHAIRMAN LoCASTRO: 0
(No response.)
CHAIRMAN LoCASTRO:
MR. KILEY: Commissioner
comment?
CHAIRMAN LoCA
MR. KILEY: o
CHAIRM
MR.KIL
all the com
ea
ju nt to say thank you to
ow, what I like about this, as
passed today, is I think that
issioners, really, you guys
much as
getti
takin reacfi nto your heart and to really come
and,you
we'll work to
, w ou've seen over the last three years,
own oughts and your own wording, and
1ne this so that it is really, you know, a
to go county to county, right, and strength in
unity, and improve tutes in the state and really allow Collier
County to be the beacon of freedom for Florida. We can do that.
So thank you guys.
CHAIRMAN LoCASTRO: Yep, thank you.
And I would encourage people that feel --regardless of what
side you're on the aisle on, you know, share your thoughts with us,
Page 141
March 28, 2023
not just a bunch of angry emails, you know, saying vote yes, vote no,
you screwed up today, you did great today. You know, we're trying
to have a professional discussion and lead from Collier County.
So we've got time to do that between now and the next meeting
and, you know, I know all of us welcome citizens sending us things,
coming to speak with us, calling us on the ph e, because we want
the best document possible and, you know e all decided
collectively and unanimously to move
discussion.
Okay. County Manager, w
Item #9B
RESOLUTION 2023-57: OF THE BOARD OF
COUNTY COMMISSION OUNTY-
INITIATED A ENT OT COUNTY
GROWTH M T P NCE 89-05, AS
AMENDED, T S HO G INITIATIVES TO ALLOW
AFFO E R TIN CERTAIN
CO WITH A SUNSET DATE;
TO OR A ORDABLE HOUSING; TO
ESTA E PPORTUNITY SITES
SUBDIS T; AN O IN REASE DENSITY FOR
AFFORDAB G PROJECTS ALONG COLLIER AREA
TRANSIT RO ECIFICALL Y AMENDING THE FUTURE
LAND USE ELE T AND FUTURE LAND USE MAP;
GOLDEN GATE CITY SUB-ELEMENT OF GOLDEN GATE
AREA MASTER PLAN ELEMENT AND FUTURE LAND USE
MAP; THE IMMOKALEE AREA MASTER PLAN ELEMENT
AND FUTURE LAND USE MAP; AND ADDING A POLICY TO
THE TRANSPORTATION ELEMENT PERTAINING TO
Page 142
March 28, 2023
AFFORDABLE HOUSING ALONG TRANSIT ROUTES; AND
FURTHERMORE DIRECTING TRANSMITTAL OF THESE
AMENDMENTS TO THE FLORIDA DEPARTMENT OF
ECONOMIC OPPORTUNITY . [PL20210000660] (ALL
DISTRICTS) RESOLUTION 2023-57: MOTION TO APPROVE
ALL 4 INITIATIVES AND EXCLUDE C-4 ND C-5 FOR
CONVERSION BY RIGHT BY COMMI ER HALL;
SECONDED BY COMMISSIONER L RO -APPROVED
COMMISSIONER MCDANIEL 0
MS. PATTERSON: Item tinued from
the June 28th, 2022, and ul 1
resolution of the Board
county-initiated amend
Management Plan ·
initiatives to a
zoning distri
housing· to
increase
Tran·
and
Gate A
oners propo g
ounty Growth
d, to address housing
ertain commercial
ere ensity for affordable
ortunity Site Subdistrict; and to
projects along Collier Area
e Future Land Use Element
olden ate City Sub-Element of Golden
and Future Land Use Map; the
Ian lement and Future Land Use Map;
and adding Transportation Element pertaining to
affordable ho transit routes; and furthermore, directing
transmittal of these endments to the Florida Department of
Economic Opportunity.
Mr. Mike Bosi, your director of Planning and Zoning, is here to
present.
CHAIRMAN LoCASTRO: Okay. Before Mr. Bosi speaks, I
want to give the floor to Commissioner McDaniel.
Page 143
March 28, 2023
COMMISSIONER McDANIEL: Just one point of
clarification: Are we going to receive a report on the rock crushing
job today in person?
MS. PATTERSON: No, I don't believe so today.
COMMISSIONER McDANIEL: All right. Well, because
there were representatives here. Mr. Hubsc an's nephew was right
there. I just would like to --if our staff --· u see
anybody --Jaime, if you see anybody h that project, they
thought that they had to come back t her report, and I
just don't want them to be here.
MS. PATTERSON: No, s
CHAIRMAN LoCASTRO:
report recently. So I thi
COMMISSIONER
was a representati r
morning, and
we were ha
agenda,an
ot the report, but there
was here this
un ecause I thought
s on the consent
ing director.
We're smittal hearings of the GMP
amendments at is affordable.
Troy, this em to want to advance for me.
COMMISSIO R McDANIEL: That's a sign.
MR. BOSI: Just for our two newest commissioners, just a
history lesson. Urban Land Institute developed the Community
Housing Plan for Collier County. In March of 2016, the Board
directed staff to develop a cohesive plan to meet the affordable
housing needs of the county. They basically came together with a
Page 144
March 28, 2023
35-member stakeholder group to meet, research, and discuss options
that could be utilized to encourage development of affordable
housing, brought in the Urban Land Institute in January of 2017.
October of 2017, BCC reviewed, accepted the Collier Housing
Plan, made recommendations to move forward. And in February of
2018 suggested solutions were presented for e BCC to consider,
and staff began implementation of those r endations.
What you see on the screen is all t mendations that
came from that housing plan. A nu --the light green
were the areas where the Board h · me approved
action from the staff to take up s
The bottom portion were indi
supported by the Board, s
darker green were suggest1
plan, wasn't initiated by the
a later date for ~
voters raising
And what
dire
ns.
ere not
they are, an hen the
ested by the housing
oved by the Board at
lso the Florida
e the last four
and these we were the ones
feelings on, but they've
em.
am commercial-to-residential
convers10 is initiate --or incentivize mixed-use
income hous1 redevelopment activity centers.
And one o gs I wanted to point out, those two particular
suggestions deal w commercial property, commercial zoning
property, as well as the second --or the third one, create strategic
opportunity sites. That's --when you have high employment
opportunity sites, allow for higher density housing to provide for
workforce needs, another of those initiatives that deal with
commercial zoning. And then, finally, increase density along the
Page 145
March 28, 2023
transit corridors.
And one of the --one of the things that I would like to point out,
as I said, three of the four of these initiatives deal with commercial
zoning. What happened last Friday was the state took our ideas,
copied our ideas, and implemented a plan, the Live Local Act, which
was passed --it was passed 40 to nothing in t Senate and 106 to 3
in the House. So it was a bipartisan bill.
But here's what it does: It require
to authorize multifamily and mixed-
in any zone that's --any area zone
least 40 percent of the residentia
rental development are for a perio
defined by the statutes. could b
It prohibits the count
development to get a zoning
conditional-use 1, vari
amendment fo g hei
So what th ayin · s it eli
·ch
ies and municipalities
· 1 as allowable uses
mixed use if at
ifamily
that's as
erce
posed multifamily
special exception
e Plan
ensity.
quirement, and it
. It takes the NIMBY-ism
e projects, if they meet these
crite s ed towards affordable
housin ·thin a 30-year period, then it goes
straight to an.
Here's t at is somewhat concerning from the
Planning and Zo partment. It prohibits the county or
municipality from ricting the density of a proposed development
authorized under these subsections below the highest allowed density
on county unincorporated land where residential development is
allowed. Right now that's 92 units an acre. So what that means is a
project that is providing for 40 percent of their units dedicated to at
least 120 of AMI is eligible for 92 units per acre without a public
Page 146
March 28, 2023
hearing.
Another component of it is prohibit a county or a municipality
from restricting the height of a proposed development authorized
under these subsections below the highest currently allowed height
for commercial or residential development in its jurisdiction within
one mile of the proposed development or thr stories, whichever is
greater.
So what the state did is the state k · rcut our GMP
amendments. They said, by right, i
your units to affordable housing,
acre. Now, unless you have a s
close proximity within that one mi
r 40 percent of
2 units per
in terms of
you're not going to be abl 1t 92 un or a
three-or a four-story profi
But what it's saying is t
it straight to Site
So the pr
that we're propo
giving t ch
be ta
accept, and we take
om a GMP standpoint
great allowance --we're not
require higher percentages to
erate level incomes.
ay, w t the state has done is they've
tlc1 ute for a development to go forward
compared men ments that I'm going to describe.
Now, these ents that I'm describing that we're
proposing for a r for transmittal, I believe that they still have
some value. I heh that they signify that the county has been
working on a plan to finalize that --the ULI plan of 2017 with the
last of the recommendations.
And the first --the first two that we're going to talk about is
underneath that conversion of commercial to residential and
commercial --and commercial mixed-use by right. We currently
Page 147
March 28, 2023
have in the GMP a commercial mixed-use subdistrict, but it's not a
mixed use by right. It has to go through a public-hearing process.
And what we've done and what you can see at the top, it says,
existing compared to proposed. The existing allows for up to 11
DUs per acre to move forward through a public-hearing process.
And we're --we're proposing to modify it bas upon the increased
affordable housing density bonus to go to its per acre, and it
does not require a public hearing. An on
commercial --Commercial 1, Com Commercial 3
zoned properties.
And at the --at the bottom
expansion of this. Currentl ,
included within this --t
not only make it by rig
with affordable ho ·
those can get
required.
The sec
subdi
loo
rep sing to
mixe -use by right
properties, and
eanng 1s
commercial to residential
our projects that are --if you
, ut if you look at the red
idors, that's where your commercial is.
cia 's consistent by policy. Those
be eligible to convert to residential, but the
that has to --the entire project has to be
affordable, and 1 o meet a public facilities --it has to meet a
public facilities tes . And if you do so, you can go --you can get 16
units an acre. As I said, compared to what the state's going to
provide, it's not quite as enticing, but it's the same concept that
we've --that we are proposing.
The next --and I've always thought this is one of the most
important of our initiatives, and that's increasing our density within
Page 148
March 28, 2023
our activity centers and our interchange activity centers. Those are
your Pine Ridge and Airport, your major intersections where your
commercial activity is. Allow for the density, which is currently
capped at 16 units an acre, to go to 25 units an acre.
We know that with the advent of Internet retail and the
consistent changing amount of square f ootag
maintain from a commercial standpoint, t
within these activity centers, and I thi
Ridge Centers you can see a four --
coming out of the ground and rea
those activity centers. It doesn'
higher density to an area that's real
activity.
And the beautiful pa
development actually create
so it's a downzo ·
intersection.
ere's opportunities
the street at Pine
four-story complex
f place within
le to add
e commercial attracts,
of that
We believe that the marketplace will
take advantage of, and we're
ownside to this proposal is it
requ ereas, e state's proposal, they could get
that 25 t public hearing.
The third of the initiatives is the strategic
opportunity s only a GMP proposal, meaning it's
allowed for by t . And this is another one where the
marketplace has ki of jumped us on that.
If you remember, at --or at the Arthrex industrial complex,
about a year and a half ago multifamily was proposed to be able to
host the workers and the visitations for Arthrex to add higher density
residential to an area that had a tremendous amount of employment
opportunities. This is the same concept. When you have an area of
Page 149
March 28, 2023
high employment opportunities, whether it be industrial or
commercial, we want to be able to promote higher density residential
in close proximity to close that spatial relationship, you know, taking
needs off our transportation system because of the synergy that you'll
get between high employment opportunities and actual residential
units in close proximity.
And then the last of them is the trans· nted development
subdistrict. And the way that this is pr --and all of these are
u --if you do decide GMP amendments. When they co
to transmit them to the state, whe
be joined by the LDC amendme
nitty gritty of how the LDC is goin
But the concept of this is,
allow 13 units per acre.
based. And then if you wa
opportunity, yo up to
And one thing
designin t · P am
come ba o you, they will
ecifics, the
ncepts.
1t line, you'r oing to
er acre can be market
ffordable housing
er .
sp1 his is when we were
ment, I've always heard from
to make sure that we the priv
unde
Ther
ve our affordable housing.
es, but ere has to be incentives that are
e opment community.
to do on this, if you have a TOD
developme ransit-oriented development, you're going
to either have bus stop within a quarter mile of your
project, or you're g g to develop a bus stop within that quarter mile.
And the kicker is, 50 percent of the units have to be located within a
quarter mile of that bus stop. So what that means is the project has
to concentrate its development towards the --towards the transit
station, and the number of units and the design of it is going to be
oriented around transit use. And the wisdom behind it --or the
Page 150
March 28, 2023
anticipation is those units will be priced at a --at a more moderate
level because of the unique --the unique design requirements that
50 percent of that project has to be within that quarter mile of that
transit station.
And this is just kind of an estimation of the score sheet in terms
of what would be the potential impacts if we if we developed this
and all --there was maximum participatio the available
commercial parcels and parcels along t it line provided for.
As you can see, within the first couR -itfl e first couple of the
proposals, it's not a huge increase what our · ting GMP is.
Those are just a change within t But tli hen you get
from the conversion to commercia , · al 1 77 above
what our existing GMP w. allow tivity cente could
potentially have 4,789 ad hat currently is allowed
for.
And then
[sic] of gree
408 units ab
transit, t
trem
allo
along t
a reality.
One oft
se on the available
~ou may have another
s for. And then the TOD, the
, you could have a
tentl 15,000 over the --over the
of the MP, but that's if every parcel
n advantage of. We know that's not
t I did --or I did not put within the staff
executive summary --that was on me.
This was taken to t ~HAC last year. AHAC unanimously
supported these and made a recommendation to the Board of County
Commissioners that they --to support the GMP amendments. It
went, in May of 2022, to the Planning Commission. It was a
unanimous recommendation from the Planning Commission for the
Board of County Commissioners to support the amendments.
Page 151
March 28, 2023
That's just a real high-level overview of the proposed
amendments, and staff is prepared to answer any questions the Board
may have.
CHAIRMAN LoCASTRO: Mr. Miller, do we have any public
comment on this item?
MR. MILLER: Yes, we do, sir. I hav ight registered public
speakers for this item.
CHAIRMAN LoCASTRO: Oka missioner McDaniel,
aknow? would you like to wait for public co
COMMISSIONER McDAN
CHAIRMAN LoCASTRO:
COMMISSIONER McDANI
happy to wait for public
CHAIRMAN LoCA
before we ask Mr. s ·
COMMI
CH
that. Ye
come
restr
and
(~
MS.
CHAI
with public com
blic comment
rter?
t is Okay. Let's do
So we'll take a break. Can we
o everybody can use the
e m1 o we'll adjourn until 2:45,
ublic omment.
m 2:31 p.m. to 2:45 p.m.)
Chair, you have a live mic.
STRO: Okay. Mr. Miller, let's continue
MR. MILLE . our first public speaker for this item is David
Bumpous, and he will be followed by John Hamey.
MR. BUMPOUS: Good afternoon, Commissioners. My name
is David Bumpous. I'm the vice president of operations with Arthrex
based here in Naples. You're all familiar with us.
It's always an honor to come before you to talk about the various
Page 152
March 28, 2023
projects and initiatives that are going on, affordable housing being
very dear to our heart, being a large local company, growing
exponentially each year.
I came before the Board back in 2019 to talk about this very
subject. And, first of all, I'd like to congratulate everyone, to
congratulate the staff, congratulate the Board ecause I really see
progress being made.
And I want to thank Commissione
today to speak on behalf of Arthrex,
about the importance of this topic
community, but how do we cont
what are those things that we need
And so to see Mr. B
hope. Obviously, having
the past few weeks also give
And so ther eed to
the past with t
or inviting me to come
bout our needs, but
vital to our
the gas, and
t giv a lot of
ith Tallahassee in
· m about the future.
he discussions of
co s and all of those
issues. It is iro thou was driving here today, I
thought the p
mo
list goes o
t up in 2019 of 1-75 in the
w congested they typically
his yea I would have to put up
e Road and Vanderbilt Beach, and the
And we not all about affordable housing. We know
, a lot of people have relocated to Florida.
Who wouldn't wan live in this amazing town that we call home?
But it is so vitally important for us to continue to thrive here not only
as an industry, as a company, as a global leader in medicine and
making people better, but it's vitally important for you as well, the
county government.
And so, again, I want to just --with my limited time, I want to
Page 153
March 28, 2023
encourage you to do all that you can to promote these ideas, support
these ideas. And I love and appreciate the idea of making some of
them, you know, sunset over time so that they can be evaluated and
improved upon.
And I do believe there's one aspect of this that sometimes gets
lost. We talk frequently about hiring nurses d doctors and
teachers and all these various important ro at we need here in
Collier County, and they are vitally im But there's one
subset that we often for get, and that' and our
grandchildren.
You know, I have two high
brings up her fear that they're goin
Mom, Dad, we just can't
we love unless we live wit
COMMISSIONER Mc
They could live Y
MR.BU
reality is th
requently
e and say,
ve in own that
, right? But the
·ng as a company, and that's why
quite frankly. And it should it's so
be e to stay home, continue to
know, rovide the valuable input,
So,a
we will conti
forward.
w, is amazing board.
te the time today, and I certainly hope that
erything we can to push this initiative
So thank you much.
COMMISSIONER McDANIEL: Can I ask, if I may?
CHAIRMAN LoCASTRO: We have some questions for you.
COMMISSIONER McDANIEL: David, just one quick
question, or this is a comment/ question.
I want to hear from you as one of our largest employers in
Page 154
March 28, 2023
Collier County what we can do to help you specifically, besides a
global passing of this or that or the other thing. I want --I want
specifics. We have available --
MR. BUMPOUS: Certainly.
COMMISSIONER McDANIEL: --money through the sales
tax initiative. We have land holdings. We ve a lot of other
things. And we don't have to have that di ion today, but that's
just for another time for me and you, a yone, necessarily,
that's listening. Those are the thing ally looking for
solution-oriented decision-makin
MR. BUMPOUS: I appre
COMMISSIONER McDANI
MR. BUMPOUS:
enough that, trust me, i
you would have h ·
But som
vitally impo
restrictions, you
Flexible
own ong
this entire problem,
a ying, I think, is so
, lo g at height
oing to be vitally important.
·ble before.
for over 20 years. I love
and here, t e beauty of it; yet, at the same
time, w e t k forward because things are
changing. ough he roof in all aspects. You know, all
of us here to er imagine what rent would be in this town
10 years ago, le years ago.
And so I just we have to continue to apply as many
creative solutions as possible. The reality is is providing money, not
likely the solution. But providing incentives, looking at impact fees
when feasible, all those different options should always be
considered. And, again, it's up to you, ultimately, to make those
prudent decisions on behalf of all of us. That's why we've elected
Page 155
March 28, 2023
you.
But, again, I'm here more than anything to just encourage you to
keep it as a top priority and keep pushing. And if there's something
we can do as business, we want to know that as well, as you certainly
know.
COMMISSIONER McDANIEL: Well
ground. You're the one that's seeing the a s in your capacities
they can and can't
ou see a
to hire, where your people are coming
do , and that's where I was asking for
particular obstacle that we necess
maybe alleviate that, that was th
So thank you, sir.
CHAIRMAN LoCA
the --because I know ArtH
NCH is lookin at --o
that would
you, what
or their employees.
, yo ow, purchased
r tH employees. And
re ers or even about our
apartment co
to your point
kids or ran -collar workers. I mean, you
know d they say, my server makes
unty . So before you try to focus
that's ot a dis at anybody that's a first
respon atio people that needs help is bigger.
I kno my 1strict, Moorings Park and a few others
are working -rking with that group of converting a hotel
basically to apa mplexes, you know, a shabby hotel that
they're going to, yo ow, upgrade exponentially and then use that
for their employees. Moorings Park's going to use it. NCH is going
to use a little bit. I know that you-all are doing a lot of really unique
things for your employees.
What's the latest that Arthrex has done? Is it supplementing
their income to make sure they could afford to live here? And
Page 156
March 28, 2023
granted, there's people at Arthrex that make a great wage, but you
also have janitors. I mean, you have security.
MR. BUMPOUS: Sure.
CHAIRMAN LoCASTRO: So, I mean, you've got a bit of
everything.
Enlighten us as to the latest things that ~ -all are doing for your
employee base.
MR. BUMPOUS: Certainly. T
Yeah, to the very base of it, abs
try to be as competitive as we ca
u, Commissioner.
work every day to
t wage that does
that's not help our employees, but on top o
enough.
So one of the things
at the corporate headquart
housing, especially for new
can tell you, 20-
months is all t
had the luxury o
with the· orke
com
do.
des, ially here
trans1 1onal
o the area. And I
ou w, usually three
hr · cks up the cost. We
g them the opportunity to talk
around, get to know the
atever they were planning to
s1tl to six months. That's now
transitione
and dozens o
county.
nd we have dozens and dozens and dozens
s, apartments, and condos all around the
And so, you , it's quite a burden, but it's a necessary part of
doing business in Collier County. And so you're still trying to
provide people that opportunity to get here, to spend some time,
whether it's save up money, whatever it may be. But, quite frankly,
if I had 250 or 300 of those units, I could fill them.
CHAIRMAN LoCASTRO: Do you pick up the tab, or do you
Page 157
March 28, 2023
subsidize --you know, they pay a fee, you know, they pay rent but
it's a much less fee and you make up the difference or you own it so,
you know, you charge them whatever? What are the different
algorithms that you have or the different options?
MR. BUMPOUS: Sure.
CHAIRMAN LoCASTRO: I'm sure y
MR. BUMPOUS: Typically, the wa
The first six months is 100 percent pie
beyond that, then there's a nominal £
requirements of that property.
And much like NCH, Arthr
opportunities. We are in negotiati
small number of units in Naple
relieve that burden, you krl
And I often think to m
continue to gro-w
support the co
that's roughly, y
might have several.
orks is quite simple.
Arthrex. And
mplex, a
elp
that we are and
ow, certainly do,
t someone else could
be usin . So we're hoping to
he reality is, as we all know,
supp
C : Right.
MR. t tru y is.
CHAI STRO: And not everyone's an Arthrex or a
Moorings Park. u know, what I'm being encouraged by is
even some smaller m-and-pop business owners --I've got a few on
Marco Island that actually bought some apartments, and their best
workers are going there because they don't want to lose their --these
are restaurateurs, and so they're sort of taking your lead or learning
from --you know, everybody is doing it a little bit different. But I'm
glad to hear --you know, I knew you-all were doing that, and you've
Page 158
March 28, 2023
just put a lot more detail into it. And, obviously, it's a program that
I'm sure is not getting smaller. It's either holding its own, or it might
even be growing for you-all.
MR. BUMPOUS: I frequently say to people, if I may,
Commissioner, when they ask me, you know, why are you so
passionate and always vocal about affordable ousing? And I tell
them, if you don't see the big picture, the b · cture is truly about
sustaining our way of life here in N aple
You mentioned the hospitality
that's the reality of it. And over
more challenging. So thank yo
CHAIRMAN LoCASTRO:
COMMISSIONER
MR. BUMPOUS: ~
COMMISSIONER HA
COMMISS
Wewer
David. A
followe
e industry. I mean,
come more and
, David.
ask --thank you,
er is John Hamey. He'll be
MR. Jolin Hamey, and I am a member of the
t Habitat for Humanity.
data here that shows that over the last 20
years we've added r 5,000 residents to the county. If you look at
the incomes for those residents, probably half of them or maybe more
than half of them every year would fall into the need for affordable
housing.
So we are behind right now, but this is not a problem where we
can solve where we build 10,000 units, and we're done. We will
Page 159
March 28, 2023
continue to need new units for many years to come.
First, thanks to Jamie French, Mike Bosi, Michele Mosca, and
Cormac Giblin. This has been a long road, and they've worked
really hard on these amendments, and they are very sound policies for
smart growth for the county.
Collier County, with this plan, does not
manage new affordable housing. The dev.
handle all that. There are no new cou
amendments. The State of Florida
through existing SAIL and SHIP
incentives in the Live Local Act.
used as they always have been.
Children will have s omes to
stable environment which ith re
improves mental
performance.
opportunity t
ve to build, own, or
er community will
idies loaded into these
the incentives
other
. Growing in a
ncy and has privacy
· mproves school
a better
Reduci
more ti
perfo
arents will enable them to spend
ads to better school
g time and costs and living in
an affo families with their budgets for
healthcare e table.
Aging i e also supported with affordable senior
apartments. M rs who have lived in single-family homes
are ready to move partments. They no longer want to maintain
their properties. They want to free up the equity they have. Many
want to downsize their expenses while living near their extended
families in county. They want to support their families by baby
sitting, cooking, taking kids to activities and running errands. Their
help can help --their help will also help their children go back to
Page 160
March 28, 2023
work. Many people are still at home because they can't afford to
leave their kids at home. They look at the grandparents to help.
CAT will be able to serve these higher-density neighborhoods.
That's been spoken about by Mike; it was covered.
There's an additional benefit for employers, and that is that
people will stick around. Every employer, i uding Arthrex, has
people who come here. They try it. The t afford it. They
leave. People are no longer leaving N They're no longer
leaving Collier County. They're lea · ee nty, Charlotte
County. They're gone. They're fhere. 're moved clear
out of Southwest Florida. They ywhere
around here anymore. We have e tion where
they can't afford to stay.
May I have 30 s
CHAIRMAN LoCAS
MR.HAR
by Govemo
recommen
aw.
s e cted to be signed
ay , st likely. The
· er County work well with the
at the new state law covers.
ver. In the cases where the
r some overlap area, the state
laws w1
Pleas
state, and the
let's get this don
pass sending these amendments off to the
them relative to the Live Local Act, and
CHAIRMAN CASTRO: I have a question for you, because
you've been in this business a long time, and I'll have the same
question for Mr. Trachtenberg.
Anything concern you that's coming down from the state to us?
And I think you already answered my question about what the county
is proposing, what Mr. Bosi went over. I mean, if you had any
Page 161
March 28, 2023
serious concerns, we'd want to hear those right now. It sounded like
you were, you know, obviously positive about those. But anything
you want to share with us that if you were king for a day or you think
that we might miss in the fine print, or --
MR. HARNEY: No. I am all for the Live Local Act. It is
incredible. It is such a huge step forward fro
done in Florida for affordable housing. I
people on the backs for voting for it, I'
anything that's been
ld go there and pat
ecause they --there are
some great things in it. It's going to
CHAIRMAN LoCASTRO:
you, sir.
MR. HARNEY: Thank you.
MR. MILLER: Yo
I'm not clear by this slip.
MR. TRACHTENBER
MR.MILL
Lefkow.
MR.T
big difference.
kay. Thank
g. Joe,
ing to cede time to you?
ng ago.
ed by Lisa
For the record, I'm
, ick, if I can?
solutely.
So first of all, I am completely in
support o ty sta f has proposed. I can tell you
when --with sion and with Amy's leadership, putting
AHAC together ie and Mike and the other folks from county
staff was just a rem able change, and it's really raised the level, I
think, that AHAC has been able to operate at.
So in terms of --in terms of the state and what they've done, I
had the opportunity to meet with Kathleen in January and review her
rough plans, and I think her primary focus there, since she lives in
Collier County, is observing how difficult it's been to make changes
Page 162
March 28, 2023
here, and I think that influenced her in structuring the bill that was
presented to the Senate and to the House. Basically, having
the --having the state supersede what the local governments are
doing.
I think from --from a perspective --a state perspective
throughout Florida, as we continue to grow a state, this is a very
special place to live, and I think we found outhwest Florida and
particularly Collier County and City of are even more unique
and more special.
So I can go on with my rem
AHAC unanimously supported t
that's been in place for a long time.
Commission supported t
here before you today, I th
them favorably as well and
interfere in how · w --h
authority.
If for no ot
wor
thin
over a year ago,
changes, and
1ng
May. An anding
for you to consider
tate is doing really to
wh ay be their new
--I think it's important, as
y favoring the need for
or housing, and so forth, I
onstrate that you care about
these tn
going to d
re 1 rtant issues to you all and that you're
You ask:
like to offer, the
the --making them
minute.
d to to support them.
rior speakers about other areas, and I would
new comments. I've been making to
you for the past year, but if I can take another
I think the next area after these four zoning changes are made is
it's essential that you look at your impact fee structure, both in terms
of how you charge, the amount you charge, and the deferral program
that's currently in place.
Page 163
March 28, 2023
Lee County is charging 7,000 a unit for affordable housing.
Miami-Dade has gone to zero. Sarasota County is using a sliding
scale on impact fees for affordable housing. The lower the AMI, the
lower the amount of impact fees.
We're charging 18-to $20,000 a unit for impact fees on
affordable housing, and we've got a deferral gram that is broken.
I think county staff recognizes that. And e you to reconsider the
impact fee program. I think the best p tart would be the
Golden Gate Golf Course and the ho ere. Those folks
need that funding, and this would help make that
happen.
I know that later on your agen sidering
this surtax money. The mmitte inte n I was
chairman of AHAC made endations. They'll be
I think they're presented to you b
terrific. I thi
I urge you to
I guess I ha:
look at.
bein
mov
facto a
$35,000 a
At 100 a
to want to see, and
as
really feel I need to urge you to
istn ion of apartments that are
o ing, virtually all are being
120 p rcent AMI level; whereas, the de
· Collier County is now $17 an hour,
ent AMI, the rents that are going to be
ents are over $2,000 a month. From my
perspective, those much closer to luxury rentals than the kind of
rentals that workforce can afford.
And if you look at even the Golden Gate Golf Course property
and how that's been allocated in terms of apartments, 5 percent of
them are going to 50 percent AMI, 15 percent of them are going to 80
percent AMI, 80 percent of them going to 120 percent AMI. That
Page 164
March 28, 2023
means the vast --even though 120 percent qualifies as affordable
housing under our HUD laws and under our Florida State laws, the
reality is 120 percent AMI at a $98,000 AMI that we have in Collier
County won't cover our workforce.
So I urge you, as you look at the distribution, to have far more
units down at the 50 percent AMI level and £ fewer at the
120 percent; otherwise, we're really not cu · he problem.
So thank you very much for allow· to speak, and don't
give up. Vote yes on this, and pleas support affordable
workforce housing in our county.
CHAIRMAN LoCASTRO:
we --and I don't disagree with
doesn't understand is if
to be at 50 percent AMI
the density. And o
people sayin
Then when I
from your gate
99 perc
itizen
perc f the units
s the algorithm of
get from some
at the county.
n1 across the street
hate, I'm going to make
it's going to be 375
o the air.
this co nty as a whole doesn't sort of
get. A to lopers, I talk to them. Now you've
got Comm ou kiiow, knee deep in it, but, really, all of
us. You kno rs will tell me with the door closed, I'm not
a charity. So, uild all the units you want, and I'll make it
20 percent of AMI, t I'm going to need 300 more units in that
building, and it's going to need to be 10 stories taller.
I'm overexaggerating, but that's the part that we really have got
to get folks informed on because, secretly, you know, we get 300
emails, but then, you know, you're in a town hall meeting and
everyone says, you know, they want the affordable housing built out
Page 165
March 28, 2023
in the Sahara Desert or all out in District 5 surrounded by redwood
trees and unseen by anybody.
And, you know, as we change that equation, even if we tweak it
just a little bit, it increases the amount of density, and that --and I'm
not saying that --that we shouldn't do that. But, then, you know, we
wind up getting input from a lot of people to · elude the developer
who says, you know, I don't think I'm eve rested in this project
anymore, because I'd rather go remodel z and make money
hand over fist, right?
MR. TRACHTENBERG:
responses.
CHAIRMAN LoCASTRO:
MR. TRACHTENB
attracting affordable build
requires that they be able to
coming here. S ' e abso
place.
So impact
help wit
ere is no q stion that
affordable housing
or they're not
es have to be in
, that --and that will
the other thing that you will
see our a ignment and Commissioner
Saun ion cDaniel's assignment very seriously
that you w e cri 1cisms for the past year, so I made it
my business try to convince people to fill your mailbox
with emails say1 e do want affordable housing and that we
are willing to toler these other issues. And I think --
CHAIRMAN LoCASTRO: They never said the second part,
by the way.
MR. TRACHTENBERG: Well, I think the momentum has
changed, and I think a lot more people care about affordable housing
now than they did a year ago.
Page 166
March 28, 2023
CHAIRMAN LoCASTRO: Absolutely.
MR. TRACHTENBERG: And you're right, we are going to
have to make some sacrifices. But as the gentleman from Arthrex
said, if we want the quality of lives --our quality of lives to be
maintained here in Collier County, we're going to have to keep
attracting people that make 30-, 35-$40,000 ear. You're not
going to want to go into a restaurant and n able to get a drink
because there's nobody there to mix it. all got to work
together.
CHAIRMAN LoCASTRO:
MR. TRACHTENBERG: for listening.
? CHAIRMAN LoCASTRO:
COMMISSIONER NIEL: ant to --
CHAIRMAN LoCA
MR. MILLE ·
followed by Jos
MS. LEF
record, Lisa
provider of a
workforce, and
builder.
She'll be
, Co ss1oners. For the
r Humanity.
· . We have been a part of the
e LI study. So this is an
ove t ese items forward.
e not particularly things that are going
Habi at for Humanity as your leading
eownership for Collier County's
ly because we are historically a low-density
Commissioner Locastro, we actually are a developer and a
not-for-profit.
CHAIRMAN LoCASTRO: Right.
MS. LEFKOW: Perhaps the only one in town.
CHAIRMAN LoCASTRO: Oh, definitely the only one.
Page 167
March 28, 2023
MS. LEFKOW: Not the only one, but in terms of
homeownership, yes.
These are important amendments. These are important
opportunities. They will incentivize other developers. There is a
lot of rental activity going on currently. And so I want to just
remind you that there is more work to be don There are more
things that we can open up in order to pro
affordable homeownership. And the to work, there's no
doubt about that.
Commissioner Hall, the fi
how would you feel if another
to town? And I think I told
am absolutely here to sa
Sara Lee. We can't do
much encouraged h
Joe's righ
conversatio
is at a peak
open
ous1ng came
right? I
peop 'm not
But I am very
ay.
where the
ess to affordability
at opportunity and to
con
with
neglected in the midst of the
e won rful partnership that Arthrex has
the number of Habitat homeowners
es.
So, agai onderful opportunity for us, an incentive
and an encourag r others to come to the table and to continue
to provide access t f ordability.
The Live Local Act is critically important. Lots of --it's a
robust act. But to Senator Passidomo's words herself, it really is an
opportunity to incentivize rental production and productivity of rental
housing. Certainly a need, but we've got to also be aware of that
affordable homeownership.
Page 168
March 28, 2023
So, Commissioner McDaniel, to answer your question about
what you can do to help Habitat --
COMMISSIONER McDANIEL: Did I ask you?
MS. LEFKOW: You were about to.
COMMISSIONER McDANIEL: Oh, okay.
MS. LEFKOW: I know you were abou
ask the same thing that you asked David,
help Habitat build more homes. And s
things that we've done in the recent
Community Land Trust, the surta
to use that surtax funding, looki
might be useful, that might be put 1
developer like Habitat to le to co
additional homeownership
So thank you for your t
CHAIRM STR
You were about to
s what can you do to
iderations, the
lopment of the
create ability
·es that
and
nt and a question
for you. Sot ays pointed when I have
a town hall mee
Habitat
you
you
think, h
and are liv
NCH nurses,
at community hear that maybe a
that are against it will say,
e ousing across the street from,
ity. nd the reality is, you know, they
om people have been pulled off the street
they on't realize it's Arthrex employees,
olks as well.
1 feather in your cap the people that you're
taking care of. It's fortunate. It's a small percentage of people,
but it was --it's a bigger percentage than I ever thought it would be
that folks still sort of don't understand or have a misconception of
Habitat for Humanity.
The question I just have for you --take advantage of the CEO
for Habitat for Humanity being here --anything you can share with
Page 169
March 28, 2023
us that's on the books, that's on the horizon or something like --you
know, to Commissioner McDaniel's question, how can we help you?
Is there something that's coming to us sooner than later, or you have
something in the works? I mean, I know you always have some
things on the drawing board and some shovels in the ground. What's
the latest in your world?
MS. LEFKOW: There are always t
forget who talked about this first --Dav:·
the flexibility. So being able to say
process then, but we are a diff ere
open to flexibility, to new ways
Code, building density, all these th1
These are the keys. We' t to ide
we are going to be. It is i
forward-thinking strategists
Andi
it was you --about
t, we created this
And so being
velopment
tnow.
are and who
to be those
· s this going to
· f ou tion for smart impact us today
growth so that
are --we're thin
in r hands and we
everybo
have so
looking fo
some things t
that are starting
know, to this boar
than later?
t the incredible growth that
oing to continue to happen.
w you own, you know, a bit
rict 1, at's not yet developed. Do you
h, t re --and that's why I guess I'm
crys al ball, if you can share. Are there
e of the undeveloped land that you own
ape, and, you know, might be coming, you
even just to me specifically, you know, sooner
Because what I --the other thing I was going to echo is I'm just
so impressed at the different designs that --you-all have been so
creative. You know, Habitat for Humanity definitely isn't --aren't
cookie cutter neighborhoods. I mean, some of the drive-arounds that
Page 170
March 28, 2023
we had way back when, but even some of the new things, how they
all look so different. And I've said in town hall meetings before,
some of the nicest housing in certain parts of my district are Habitat
for Humanity houses.
But having said that, some of the land that you own as you go
east on U.S. 41 towards Everglades City, I w you have some
parcels there, is there anything that's starti move in a possible
positive direction if you're able to share
MS. LEFKOW: Sure. And I preempt, but there
are lots of things that are in the
some joint venture partnerships
up opportunities for mixed-inc
Obviously, one oft
look at is the Rural Frin
Fringe. And so ·n
look, is this so
We set up thi
maybe there'
sense
hap
e incentivizing
oing to open
minin taking a
ents in the Rural
eye and saying,
in a different way.
cess long ago, and
n that makes more
rowth that has already
nd the commercial centers? We
have a , n way out east. And so, now, how do
we look at ay, how do we build in a smart way so that
we can provi employment that's close by rather than
busing people to sland from Immokalee?
CHAIRMAN CASTRO: Right.
MS. LEFKOW: Those days are --you know, we're not in those
days anymore. How can we begin to think about those lands out in
the RFMUD in a way that makes sense and, again, pushes density
into appropriate areas? So all things that, again, we're going to
continue to work at and be a part of that conversation.
Page 171
March 28, 2023
CHAIRMAN LoCASTRO: Commissioner Kowal's got a
question.
COMMISSIONER KOWAL: Good afternoon.
MS. LEFKOW: Hi.
COMMISSIONER KOWAL: I remember you came to my
office, and we spoke. And I have to say that ome of the ideas and
concepts and the direction you were goin ith the conversation
we had that day, I was --you know, I'v ly spoke about it with
other people, and I feel that --I hope till having these
conversations with these other pa I really think
that's a brilliant idea, and it's in -unity for you
to use properties you already own t e funds to
build on.
And, you know, I thi
more about that. But, you
aybe to hear a little bit
something
that's --it's neve one b our organization,
but I think it's rw
MS. LEF ou'll be hearing more.
CO SI 1 right. That's what I've been
forget. Well, it's on the schedule.
L: Okay.
, yes, those --and, again, it's part --all of
this is part o ives to create those joint venture
opportunities w an do more for everybody.
Joe talked a m te ago about the focus on various income
levels. And you remember that Habitat's primary focus is serving
families that are making less than 80 percent of the area median
income. There's a little flexibility there.
But just as an example, earlier today when we thought this item
might be heard before lunch, there was a prospective homeowner
Page 172
March 28, 2023
here, a mom and a family who has been approved to purchase her
Habitat home. She's self-employed, so she had a little bit more
flexibility in her schedule. Her husband is a wallpaper and tile
installer. But she wanted to be here to tell you her story of her
struggle to find affordable housing and the hope that is now a part of
her family as they look forward to purchasin Habitat home.
So, again, thank you for the acknowl ent of the new
designs. We've really put a lot of time ergy into designing
neighborhoods, to your point, Com · astro, so that people
drive by a Habitat neighborhood tit's not a
market-rate neighborhood. It lo eighborhood.
So that is absolutely our dedic not only
for the community but f o homeo gain, ntinue to
grow that pride of homeo · . Ow me creates that
long-term stability. It buil nership does so many
things that renta e want to be sure
that we are ab
Andw
do th
part
deve
Let's fin
Collier Co
CHAI
Okay. Next
MR. MILLER:
Kate Tardif.
expand our work. And we can
The partnership at the Golden
e of that, a public/private
nthrop c community together with a
ve nt. We'd like to see more of that.
we can do that. That's going to make
in the provision of affordable housing.
STRO: Thank you.
aker?
Your next speaker is Joe Rivera, followed by
MR. RIVERA: Hello. Good afternoon. My name is Joe
Rivera. I'm with the --vice president of Golden Gate Civic
Association.
Page 173
March 28, 2023
Commissioner Locastro, you mentioned that we should know
what's on the agenda, specifically what's on it so we can talk to it.
So with that, you said sending in emails is a good thing and making
your arguments, you know, to --pro or con, whatever.
Well, the Golden Gate traffic --the Golden Gate Civic
Association requests that the mixed-use activ· center subdistrict of
the Golden Gate Parkway overlay be remo rom consideration for
the proposed conversion of commercia t subdistrict. The
current zoning for this activity cente endments to the
Golden Gate Master Plan approve go, with more
than three years of staff plannin ngs.
This proposed change would tivity
center, which was to prov." bove-fi ail
uses --housing-above-firs ill issue
increase --it will also increa to 25 units
specifically --I' --imp ras ture, overcrowding
in the heart of e Cit . are emed that these things
will be given to er by t, removing the public process.
Co d a t citizens' rights, to be able to
have eave us without a say in what
gets
ssoc n contends it is never beneficial nor
appropriat pub 1c from the process of government.
This is certai mment by the people, for the people.
Golden Ga as long provided affordable housing numbers
for Golden Gate --Collier County. The density in our
four-square-mile community is not double, not triple, but six times
the density of City of Naples. Our single-family homes house two,
sometimes three families. Every major corridor inside and outside
the community is lined with multifamily housing. We believe our
quality of life as well as our health and safety are jeopardized by
Page 174
March 28, 2023
continued efforts to increase density in our four square miles.
We ask that you do the right thing and uphold the intent for the
mixed-use activity center, which is in the Golden Gate Master Plan
and --by removing this little red area, removing it from this initiative.
On your executive summary, on the first page --no. In the
executive summary --in the executive summ on the first page
under considerations, Paragraph 1, it says f the five initiatives
are implemented by right. No zone re No public notice.
No public hearings. There's no me · enefits to the
community --to the residents nei
Also, again, we --Mr. Bosi
those four things that he showed on
lukewarm. He said that
but this is not a major i
you remove it fro i
CHAI
MR.RI
your --this i
this s
cone
ere
-that an work,
all we ask is that
ng. st thing, this is
our agenda for today regarding
ed over the loudspeaker.)
Clerk's comments show the
C STR : Okay. Thank you.
MR.
having some sig
issue --throughout
Kate Tardif.
. Chairman, my apologies for that. We're
oom issues --it's an Internet
entire building. I'll call our next speaker,
CHAIRMAN LoCASTRO: Is Commissioner Saunders still on
the line?
MR. MILLER: I'm efforting that right now, sir. I do
believe --yes, Commissioner Saunders is with us.
Page 175
March 28 , 2023
Please, Kate, come on up.
CHAIRMAN LoCASTRO: Commissioner Saunders, do you
have any questions or anything at all at this point?
COMMISSIONER SAUNDERS: Not at this point but, yes, I
am back on.
CHAIRMAN LoCASTRO: Okay. Gr
MR. MILLER: And before Ms. Tar .
Zoom queued up when everything got
if we have her back right now .
Ms. Tardif.
MS. TARDIF: Thank you
allowing me to speak again. I app
major irritant, and I'm go· try to
I'm very pleased to h I'm he
emerging favoring of actual
housing. It's --
this has been
t. Thank you.
aid have a speaker on
out. I'm going to see
he e now.
day about the
ing affordable
rs before me that
I think that
some of
hous·
the 1
of it has had to do in part with
owners perceiving it as slum
my backyard, not to mention
e to be more of the kind of
housin o mind.
And it's very exciting to hear that this is
something ing some energy to. And I wonder if --to
the matter o dents looking at Naples as Southwest
Florida's playgroun nd a playground like Palm Beach to Southern
Florida, if we don't need to do a little bit of work behind correcting
the perceptions of voters regarding exactly what affordable housing
is, what it can look like .
I was in a meeting a year or two ago and proposed putting aside
a section of housing for a new development, and it was vigorously
Page 176
March 28, 2023
shot down primarily by people who are much higher-incomed who
felt --who had a not-in-my-backyard approach. And so I wonder if,
as we go forward with affordable housing and promoting
it --building it and promoting it, we don't also work to alter the
impressions of those who might have a lesser opinion of it. Thank
you.
CHAIRMAN LoCASTRO: Never a
collaborator, right?
MR. MILLER: All right. Mr
Like I said, we've had some serio
Elizabeth Radi. Elizabeth,
to prompt you to unmute yourself.
We've had some bat oday.
Elizabeth, I see you'r d.
our apologies for the Zoom 1
MS. RADI: afte
A coupl
housin fo
spec1
going to try this.
m issues here.
We're going
this works.
three minutes, and
SlO S.
re g to speak at a
earch on the demographics
County, because not only am I
one,
cont
1n 1 at come in --that I come into
An
ced rig t now, and they're single parents.
the repeal of the 60-day ordinance
was aking in children from Collier County
due to trauma: ances that were beyond these parents'
control. And d fact that they could not sustain viable living
options for these c ren, they were placed in foster care.
When doing my research, the --on the demographics, it showed
33 percent of Collier County residents were single parents. I was
really surprised; that's a large number.
So, you know, let's look at that. Eighty-five percent of single
parents can't afford to live here anymore. So that's literally almost
Page 177
March 28, 2023
30 percent of our residents here in Collier County that can no longer
be here, and that's just your single parents. That's not including your
seniors, your veterans, or your disabled that aren't capable of working
two or three jobs, as some single parents are, just to put a roof over
their kid's head.
Now, it was said by a commissioner tha
another sob story about someone going ho
their rent being jacked up and not know·
that there is a severe problem, and fe
"crisis," because that's what it's al
about that.
So the question still rema ·
I have advocated for af
or seven years ago being q
lack of affordable housing.
worse.
e don't need to hear
ss or being evicted or
at to do to understand
used the word
's no question
, and recall six
ily News about the
d. It's only gotten
And whe
Tenants Union,
g o Collier County
AC meetings, and the
frustrati self and the tenants in the
com stioning what is the role
actu e Boar of County Commissioners as an
adviso e doesn't take their recommendations
seriously o e past.
I've wat h I have been not at all of these meetings, a
huge change in nee in the AHAC meetings and their
representation in tfl ommunity lately. I am encouraged by what I
am seeing although, for the record, I do not agree with the removal of
the Chair because he, along with others, are one of the reasons that
the affordable and workforce housing issue has become a household
conversation and NIMBY-ism is being looked at even further.
As I've said before many times to you, the definition of insanity
Page 178
March 28, 2023
is doing the same thing over and over again and expecting a different
outcome, but what's even worse is pretending to want a different
outcome yet wanting things to stay the same.
We have kicked this can down the road for far too long
concerning solutions or recommendations for affordable housing.
It's time to pick the can up and recycle it into mething that we can
be proud of.
So I implore you to consider and a
changes the AHAC have presented t
MR. MILLER: Mr. Chair,
on this item.
CHAIRMAN LoCASTRO:
lit up. Are you lit up for
COMMISSIONER
CHAIRMAN LoCAS
the building code
Thank you.
ublic speakers
cDaniel's
COMMISS
and then we
CHAI
p when he started,
w I got un --
mmissioner Hall's on deck.
I got unlit.
comments are for Mr. Bosi.
But · ordin ce as it's written.
e're ·ng to vote on this today, that
we --be rstan ing, there's basically four distinct
items that g here under this one proposition. Now,
I'm aware that t a transmittal hearing, so we're going to send
this off to the state get their comments back, and I'm aware that
the legislature has laws that are coming at us fast and furious that are
going to have an impact on our densities and so ons and so forth.
My comments that I have here are the by-right conversions. I
have an issue with the by-right language that's in here on the C-4 and
C-5, not so much in the activity centers, but I would --and not so
Page 179
March 28, 2023
much with the mixed-use. I really like mixed-use projects where
you have commercial on the first floor and residential above. I think
that's a wave of the future that can really assist with housing
affordability.
And I also have an issue with the transit routes. Those are
sweeping changes by right per this that are al wing for increased
density with little to no input from the co 1ty.
So my suggestions here today are, te these four things
into four individual votes because so ich can be
supported, or take out the by-righ e're not --we're
not boxing ourself in without ha
We heard from one homeown
issue with the by-right la e and t en an area,
Golden Gate City, that is -has o creases that haven't
necessarily even been effect
we did that beca
pieces of prop
up to 16 units o
and C-5
Can
langua
MR.
is the propos
extract any port1
ose commercial
1al rights of density
, dy. This adds in C-4
pull the by-right language.
oposition without the by-right
the proposals within the Exhibit A, which
ndments, they could be altered. You could
What I will sa out the by-right, the by-right is when you have
your commercial that's not within your activity center. Your activity
center --the activity center within Golden Gate Parkway, that
density's already been increased by this Board of County
Commissioners --well, a prior Board of County Commissioners to 21
units per acre, and I think that's what you're referring to,
Page 180
March 28, 2023
Commissioner.
The conversion to commercial doesn't apply in the activity
centers. The conversion to commercial only applies to commercial
that's outside of activity centers. So that would be your C-1, C-2,
C-3, C-4, and C-5 that are along your major highways that aren't at
your intersections. Those are the ones that uld be eligible for that
conversion to residential without the publi ring. If it was the
will of the Board to remove that from t osed amendments, staff
could remove those, and we would t without that
component. But that would be a ard of County
Commissioners.
What I would remind you --a . The
state's already --the state lready 1 at th ing to be
out of our hands in the firs But i want to make that as
er the bidding of the the will of this county, then
Board of Count~
CHAI re g us if we made that
get trumped by the state? We
: Only --and I'm going to say
this.
C STR : That's the same problem I have,
you know. ere, that's the only thing that bothers me.
COMMIS McDANIEL: And that's if they fulfill the
parameters of the s te. And when you're doing the ROI on a
project --right now it works because --relatively speaking, it works
okay with the 40 percent requisite to be held in an affordable status
but, also, that affordable status to meet that requisite of 40 percent is
120 percent of your AMI --or our AMI. And so --and it has been
mentioned, we're not dealing with a large section or a sector of our
Page 181
March 28, 2023
populous who doesn't come close to --come close to matching that.
So we're only going to see sporadic development pop up when
the numbers actually work when the at-market portion of the
development can offset the theoretical deficit that's created by that
40 percent requisite.
So yes, we're not totally going to be tru
go --if we make a sweeping change like t ·
I've got a concern with that from a --no
are impacted by it to have a say-so.
transit routes, that's all across the
concern I had was, what are we
changes?
CHAIRMAN LoCA
COMMISSIONER
particular --becau
by it. But if we
tywide by right,
the residents that
side is, with the
roposes --the
pens if a
--not all the time,
s if we do do that? but we chan
MR.B
deemed a 1
so --it would be
affor
ons are p
It's one
ou'd have your additional
us changing a transit route
nnections and north/south
only a few ways to get around
s why we have such a tough
transporta rob le
But hea that, at's the will of the Board to remove the
conversion by n e thinking behind the conversion by right, if
residential --and o of the things --or a unique aspect of it, all of
the --all of the units, all 16 of those units would have to be dedicated
to affordable housing. So if someone would take advantage of that,
they would have to provide for affordable housing for all 16 units per
acre that would be associated with that.
But the concept is that the impact that that residential
Page 182
March 28, 2023
development would have compared to the impact that the commercial
has to be determined that the trips, the public utility impact has to be
lower than your commercial counterpart. So, therefore, we said,
we're removing the public hearing because it's a less intense project
than what is --what the commercial would have on that adjoining
residential neighborhood, and because it's les ·mpactful from those
public facilities impact, it should be --we low for the
conversion without the public-hearing But I understand if
that's the will of the Board, we most
component.
CHAIRMAN LoCASTRO: at removes
public comment, even when we ge ents. But
like you said, in the exa ou're g 01ng a small
percentage that that's goin
basically saying?
(Simultane
MR.BO
convert wit
120,
you
affor
choo
what you're
ot ate saying you can
ly have to provide 40 percent at
lie hearing, you convert, but
to be 100 percent of
many developers are going to
C STR : Before I go to Commissioner Hall,
I just wanted you had any comment on the Golden Gate
presentation by the --I guess it was the HOA president or --
MR. BOSI: conversion of commercial to residential
doesn't apply in the activity centers, so it doesn't apply.
What I would say is if you'd like to go --what would change is
the amendments would change the density. Currently it's capped at
22 units an acre. This would allow for 25 units per acre when it's
providing for affordable housing. A unique thing about the Golden
Page 183
March 28, 2023
Gate activity center, it allows 22 units per acre all at market rate.
Currently you can get 16 units per acre at the activity centers.
If you want to go above it, as we're proposing to 25, it has to have
affordable housing. They don't need affordable housing to get to 22
units per acre.
CHAIRMAN LoCASTRO: So his con rn to pull that out is
actually not --
MR. BOSI: It's not founded beca
commercial is only outside of the ac ·
nversion to
d that's --
circle back
his
CHAIRMAN LoCASTRO:
with them because, I mean, you
comments, so I just want to make s or from
fact.
MR. BOSI: Sure.
CHAIRMAN LoCAS
Sir.
between ou
perspectiv
in the activit
or very low to g
The state will just
anything below 120.
e main difference
tate's going to put in?
ifferences. Like, what
ver w t the state's going to approve?
es we would have from a local
toge you --to get to the 25 units per acre
're going to have to dip down to your lower
highest --to get to the full 12 units an acre.
e you 92 units per acre without having to dip at
COMMISSIONER HALL: I guess what I'm asking is, if we
approve these initiatives and the state comes along and does the Live
Local Act, are we going to get trumped everywhere, or is there places
where we won't get trumped?
Page 184
March 28, 2023
MR. BOSI: The transit --the TOD transit proposal will not
be --is not --is not --won't be trumped by the state because that
is --most of those properties are commercial that are along the transit
lines, but the residential properties along there can take advantage of
it at 13 units per acre.
So there are some instances where the o
think have value and would stand as a pot
option. But the transit line does not al
eliminate the public-hearing process
for the 13 units per acre. It does '
public-hearing process. That's
So for the concerns on the trarr
acre --you're eligible for
COMMISSIONER
interrupting.
COMMISS
what is the p
MR.B
s we are proposing I
option, another
--or it doesn't
ns you're eligible
et to skip the
next question was,
the 25?
on the transit lines.
o -you need 12 additional units
· ible a 13 units per acre as being
prop u're going to have to at least dip
down to u --t e way that our affordable housing
density bonu , to get to the full 12, you're going to need
to at least atten at least a portion of your commitment to the
50 percent level. e'll get a wider variety in a more robust
targeted income-restricted area.
COMMISSIONER HALL: So you're saying it needs to be
100 percent affordable, but a certain percentage of that 100 percent
has to be low?
MR. BOSI: Yes.
Page 185
March 28, 2023
COMMISSIONER HALL: Okay. Gotcha.
CHAIRMAN LoCASTRO: Super low.
Commissioner McDaniel.
COMMISSIONER McDANIEL: Well, what --you're
proposing that they could go to 12?
MR. BOSI: On the --on the transit lin ?
COMMISSIONER McDANIEL: 0 transit line, yes.
MR. BOSI: They're eligible fo er acre, and they still
have to go through a public-hearin ou could say, we
don't think 13 units per acre is ation or --that's
at market rate. And if they wa ey're eligible
for at 13 units per acre, at mark 25, but
that has to have an affor us a ent with
it --associated with it to g
COMMISSIONER Mc
before they com
MR.BO
could be re ·
at do they start with
ugh 5?
through 5, or they
It could be a single-family lot
a leftover ag parcel that they're
rtio f the East Trail or other.
cD NIEL: Hence the concern that I
expressed ab n those transit routes.
COMMIS HALL: It's not by right.
MR. BOSI: re's no by right. It requires a public hearing.
It all requires a public hearing to rezone the process to that TOD. So
there's no by right associated with the transit line. It all requires a
public hearing, and it requires an affordable housing bonus to go
above the 13 they would be eligible for.
COMMISSIONER McDANIEL: Okay.
Page 186
March 28, 2023
CHAIRMAN LoCASTRO: Anybody come back on public
comment, Mr. Miller, anything?
MR. MILLER: No, we have no more public comment on this,
Slf.
CHAIRMAN LoCASTRO: Commissioner Saunders, I just
wanted to reach out to you again just in case u had a comment; we
weren't seeing you.
COMMISSIONER SAUNDERS: No comments at this
point. I may have some before we
CHAIRMAN LoCASTRO:
has --Commissioner Kowal, did
COMMISSIONER KOWAL:
the state --this particular
our way, was the C-4 and
MR. BOSI: Yeah. A
C-1 through C-5 .
acre, and the
that one-mile ra
CO SI
r. Bosi,
oing to be c ing down
with their languages?
t' s zo commercial, that's
tit to the 92 units per
its location within
ank you.
And the achievement of the
pon t size and then proximity to
another her cture within that one mile.
MR. . It says you're entitled to the highest
structure resi mmercial within that one-mile area. If
that --or three s ichever is higher. So if you've got a
three-story product, en if they're eligible by that 92 units an acre
that we have approved, there's no way that they would be able to fit
that within the boundaries of a three-story structure. You just don't
get the economies of scale. You don't get the height necessary to do
so.
COMMISSIONER McDANIEL: I have a question.
Page 187
March 28 , 2023
CHAIRMAN LoCASTRO: Commissioner Hall.
COMMISSIONER HALL: You can go first.
COMMISSIONER McDANIEL: Go ahead.
COMMISSIONER HALL: I'm going to make a motion.
COMMISSIONER McDANIEL: Okay. Well, my next
question, then, is the maps you were showin
urbanized area. There are C-3, C-4, C-5,
we just approved four-story apartments
open up a mile ring, and that is a tra ·
ere mostly in the
C-2 out east. I know
so that's going to
mokalee Road.
urGMP MR. BOSI: That will open .
amendments are only applicable
specifically is out --we've exclude
excluded the RLSA, the Fringe
that. The state, now that's ent sto
COMMISSIONER Mc I un
don't have anyth ·
CHAI
rep , I'd li
ml
tion.
eluded
tand. We really
anyway.
er Hall, as our AHAC
appr
And
that,
oing to make a motion that we
the exclusion of C-4 and 5.
up a lot
with the s
s expre sed, you know, concern about
re s. And I don't think that we're giving
t, an we're going to get trumped anyway
t to show the will --I want to show the
people that we'r to do what we're willing to do.
MR. BOSI: that's C-4 and C-5 properties for the
conversion to commercial by right. We want to eliminate that,
correct?
COMMISSIONER HALL: Correct, by right.
MR. BOSI: Because I think I heard Commissioner McDaniel
was supportive of C-4 and C-5 mixed-use.
Page 188
March 28, 2023
COMMISSIONER HALL: Yes. I'm talking about the ones
that are by right.
MR. BOSI: Sure. That's the conversion --okay, understood.
CHAIRMAN LoCASTRO: I'll second that.
COMMISSIONER McDANIEL: And we're going to leave the
transit route in there?
COMMISSIONER HALL: Yes.
CHAIRMAN LoCASTRO: Wh:y:
routes in there; because of the chan
COMMISSIONER McDAN
a --it's taking a --per my unders
of property and converting it to a h1
multifamily.
COMMISSIONER
to us to approve that.
MR. BOSI:
en --it's taken
· ential piece
sity
It comes back
rezoning tha
CHAI t we still have the say .
Cou
e approved by the Board of
: They're eligible for that now.
they're eligible for anything because
nt P an, and a rezone can get you to any
conclusion. etting up, within our plan, density along
transit lines at 1 er acre at a market rate as eligible, and then
up to 25 units per a for the Board to ultimately make a decision
upon whether that's the appropriate place if they came forward.
COMMISSIONER McDANIEL: I'm having trouble supporting
the transit route aspect of it. I'm okay with the removal on the --I
mean, the --I suggested the removal of the language on --the
by-right language on C-4 and C-5, but I'm still hesitant on the transit
Page 189
March 28, 2023
routes. It's just --to me, that's too large of a change. I understand
they still have to come back to us, and I don't want to --
CHAIRMAN LoCASTRO: Go ahead, Mr. Bosi.
MR. BOSI: I will point out that we --this is transmittal.
When we come back at adoption, you will have the specific LDC
amendments to implement these. So you'll ye more understanding
of the actual --the nitty gritty of the detail will be contained
within the proposed Land Developmen mendments, and that
might be a more --more comprehen · tanding the full
impact of the transit decision. I · at.
CHAIRMAN LoCASTRO: a little bit
more or not really?
COMMISSIONER
there again, we --you --I'
that.
COMMISS
longer. Sot
approvin it
hearing
co
e's
, not reall . I mean,
efore, so I'm okay with
n at this a lot
s for rezoning.
So why do it?
e affordability aspect of it.
ommissioner Saunders, am I
CHAI STRO: Go ahead, sir.
COMMIS SAUNDERS: Yes, sir. It gives me a little
bit of concern, but beginning to agree with Commissioner
McDaniel more frequently than I'm used to.
CHAIRMAN LoCASTRO: Sir, are you there? I think you're
muted. We can't hear you. We can't hear you. We'll get back to
you in an hour.
COMMISSIONER SAUNDERS: Yeah, I understand his
Page 190
March 28, 2023
concern, and I kind of share it. But as Commissioner Hall has said,
this is just a transmittal. So why don't we go ahead and transmit it
and, Commissioner McDaniel, let's --when it comes back, let's have
that conversation as to whether we should keep it in there.
CHAIRMAN LoCASTRO: Yeah. That's my --that was my
position as well.
COMMISSIONER McDANIEL: W
CHAIRMAN LoCASTRO: You
COMMISSIONER McDANIE
get to live with whatever we vote
about it.
(Simultaneous crosstalk.)
COMMISSIONER
hearing you.
COMMISSIONER Mc
pref er we leav
Board, then,
CHAI
ean, we're going to
--I have concerns
d we're
And so I would
the will of the
he by-right.
absolut
(Nor
ny more comment? Yeah,
CHAI STRO: Anything from you-all? It seems
like you're leani rd.
MR. BOSI: ould just say that, as pointed out by Mr. French
and Mr. Giblin, this will maybe reduce some of the frequency of the
small-scale amendments that we get, because if you really --and have
a little bit more leverage when we're dealing with some of the
one-offs in terms of another program instead of --in terms of how we
deal --how we deal with these proposals that we're getting in terms
Page 191
March 28, 2023
of exceptions to the GMP that are providing for affordable housing.
So it kind of does align with some of the momentum that the
private side has shown in terms of some of the recent projects that
they've put forward. I just wanted to put that out there.
CHAIRMAN LoCASTRO: Okay. So I've got a motion and
second. All in favor?
COMMISSIONER HALL: Aye.
CHAIRMAN LoCASTRO: Aye.
COMMISSIONER KOWAL:
COMMISSIONER SAUND
CHAIRMAN LoCASTRO:
COMMISSIONER McDANI
CHAIRMAN LoCA 0: Ok
COMMISSIONER L:
question before w
CHAI
COM finish, when a project
what's a current average
at? It depends on the
deve rs are aligned and they submit a
good pr et t ubmittal right the first time using a
sharp penc bly, rom CO to --or from pre-app to CO,
we're probab e years.
COMMIS McDANIEL: So one of the things that I
would like to see, ch will greatly enhance our development
community's participation in housing development at large, is a
compression of that time line somehow, some way to get through that
process.
MR. FRENCH: Our current --our current review time,
roughly, we follow the state model at 30 days on the planning. It has
Page 192
March 28, 2023
to go through the public hearing. It has to meet all those aspects.
Building Department turns these around in probably about five
to six days, calendar days. So --I'm sorry --business days. So
within a week I can turn around a set of plans and issue a permit.
But 90 percent of what gets rejected throughout our agency is
because of missing documentation or submitt s, and --
COMMISSIONER McDANIEL: A give me for
interrupting you. And you and I hav bout this circumstance
in the past. What I would like to of those --of those
issues that are coming forward d the
government's being blamed bee , unfulfilled
application. I'd like to --well, e point
anymore right now. It' of the
day, time is money.
MR.FRENC ·
COMMI --if you see places
where we ca om vernment perspective.
We can't do ork. When a consultant brings
1n an aQ d out, and we're getting RAis
two Bditional information, three
and he tim ine out enormously, but that
doesn't ece · y to do with the government. If
there is so e can do from a government perspective to
compress t at would be a huge benefit. And I'd like to
implement th mic adjustments.
MR. FREN We would appreciate that, sir. Unfortunately,
what happens is that they get three swings at the plate before they
have to pay any additional dollars on their review. Typically, they
all get through on the third time.
COMMISSIONER McDANIEL: Imagine that.
MR. FRENCH: And it does create a great deal of rework, if
Page 193
March 28, 2023
that's a word, for us. So what that does is that if you're in the queue,
unfortunately, you have to wait longer because the design
professional, perhaps, held you up. And we continue to have these
conversations with the industry.
We haven't had one in well over a year since I've been back.
But we will institute those meetings again, gl ly, because they
benefit the community and certainly your ecause, again, when
something gets resubmitted, we have to right through the
review process. And we're an ente you know. So
although we don't impact the taxn es, we kind of
do, because the longer it takes to longer it
takes for somebody to move into a o collect a
paycheck. And we reco the eco ment ose
actions, so we take that ve
We appreciate your sup
your office direc we'll
COMMI ALL:
we're askin
back·
-we'll work with
ples.
as uestion? Are what
hat 90 percent of them come
tion to eliminate some of
e of that stuff I've looked at
is li they're sking for that.
o, ample, there's one project that some
of you ma ith tnat they were looking for a payment in
lieu of sidew as never brought to the Board for
consideration, a only be a Board --but all they had to do
strictly --they have e ability to show the sidewalks on their plans,
and we could have gotten them through the process if they changed
their mind later. And construction's not a straight line; we recognize
that. But they --that's one of the holdups, or perhaps are applying
for a building permit and they show windows, but the State of Florida
requires that you show your product approval which is from the
Page 194
March 28, 2023
design professional that says, yes, this adheres, and they don't even
make reference to the type of windows they put in. So it runs the
gamut. We are a minimum-code state. So we simply apply the
minimum code that the state requires.
COMMISSIONER HALL: So you're saying the state's
requiring everything that we're asking for --
MR. FRENCH: Most of the time.
COMMISSIONER HALL: --an
leeway of saying, we can do without
MR. FRENCH: Whether it
Environmental Protection, the D
Building Commission, yes, sir.
COMMISSIONER
COMMISSIONER
CHAIRMAN LoCAS
come back at 4:
(A brief r
MS. PAT
lly don't have the
n do without that?
of
eked in, right.
ea break and
. p.m.)
e mlC.
C A . What's next? We're going
RESOLUTI APPOINTING UP TO EIGHT MEMBERS
TO THE CO ERNMENT PRODUCTIVITY
COMMITTEE -ION TO REAPPOINTING ELIDA OLSEN
(DIST. 1), TRACY KEEGAN (DIST. 2), (DIST. 3 TBD AT A
LATER DATE), LARRY MAGEL (DIST. 4), JEFF CURL (DIST.
5), WITH JOHN SYMON, MICHAEL DALBY, AND JAMES
CALAMARI (AT-LARGE) BY COMMISSIONER MCDANIEL;
SECONDED BY COMMISSIONER LOCASTRO -ADOPTED
Page 195
March 28, 2023
MS. PATTERSON: We're moving to l0B. This is
recommendation to nominate and appoint up to eight members to the
County Government Productivity Committee. I will look over to
County Attorney Klatzkow to help guide you through.
MR. KLATZKOW: The process --an chatted briefly with
the Chair on this. The process would be est you do the
regulars first, the at-large second. An ulars," we go in
commission district order. So the c for District 1 would
make a nomination from the appl ·
vote on it, and then we move do hrough 2, 3, 4,
that, and then we'll get to the altern
CHAIRMAN LoCA 0: Ok that
sounds good. So if I start
right, for District 1?
MR.KLAT
CHAI
re-appo1n
to VO
nate Elida Olsen,
w yes.
~eah. And that's a
--do you want to --do we have
. Let's do them all.
eah. Maybe just do them all.
Yeah, s a re ointment. You know, I handpicked
her initial d no ing but --
COMM AUNDERS: Mr. Chair?
CHAIRM STRO: Yes, Commissioner Saunders.
COMMISSIO R SAUNDERS: Could I jump in for a
second, because I sit with this committee. And I'd like to make sure
that --all of the existing members that are seeking re-appointment, I'd
like to see all of them get reappointed. That still leaves a whole lot
of openings. But, for example, Larry Magel and Jeffrey Curl and
Elida Olsen, as you said, I'd like to make sure that they're appointed.
Page 196
March 28, 2023
And then there's several others that are --that are on there, like
Michael Dalby. I don't have the list in front of me.
CHAIRMAN LoCASTRO: I mean, I do. I don't see Larry
nominated for re-appointment unless --I mean --
CO MMIS SI ONER HALL: He's District 4. He's in there.
COMMISSIONER McDANIEL: He is
CHAIRMAN LoCASTRO: No, I I see him on the list
here, but on the cover sheet here, it's --
COMMISSIONER SAUNDE
name was left off there. He's be
committee work. And so I wan
CHAIRMAN LoCASTRO:
COMMISSIONER NIEL:
talks about all of the co
a note by Larry an
reapplying, so
'm not sure why his
eally makes the
es.
utiv mary it
n there, and it has
Iida that they're all
COM
CHAI ay. Let's pull that up.
think, on the
So if we could make sure
d of go from there.
Do we have too many?
But, again --
D ERS: No --there's one too many, I
MR. KLA Well, you had five district seats. They're
done by nominatio . Then you have three alternates that you could
backfill through.
COMMISSIONER McDANIEL: Gotcha. So --
CHAIRMAN LoCASTRO: But I'm looking at the --I'm
looking at today's agenda, 1 OB, action item printout. So it says
district --you know, it's the --it's this. It's the chart. So it says,
Page 197
March 28, 2023
District 1, Elida Olsen. I reappointed her. I sent the email, made it
all official, boom. Whoever --District 2, Tracy Keegan, boom, is on
there. Why is 3, 4, and 5 blank?
MR. KLATZKOW: We didn't get nominations from all the
comm1ss1oners.
CHAIRMAN LoCASTRO: Okay. B
second page, and Larry's in District 4. So
as a re-appointment?
COMMISSIONER McDANIE
CHAIRMAN LoCASTRO:
we're all here to do. So if you
County Attorney, you know, by ac
whatever, I mean, let's so today.
District 1. Obviously, Co · ner H
Keegan, correct?
COMMISS ct.
hen I look at the
ld he be in that block
wants him.
that's what
to the
ail or
nt Eh lsen in
ointing Tracy
CHAI then for District 3, I
blank. Do we have District 3
. It looks like there are two.
eah, Marvin and Peter, right.
DERS: To be perfectly honest, I
don't kno those guys.
CHAI STRO: Do you want to leave that open for
now, Commissi nders, and you can --you know, we could
always appoint the eparately or --
CO MMIS SI ONER SAUNDERS: Sure. Why don't we do this.
Let me just --give me the authority to appoint one of those two.
CHAIRMAN LoCASTRO: Okay.
COMMISSIONER SAUNDERS: I'll get with the County
Attorney--
Page 198
March 28, 2023
(Simultaneous crosstalk.)
CHAIRMAN LoCASTRO: I don't think we have any objection
to that. And then District 4, it looks like Larry Magel is
looking --like you said, is looking for re-appointment, but then you
also have two other nominees --or two other applicants, Michael
Flaherty and Meredith Gavin.
COMMISSIONER KOWAL: There'
CHAIRMAN LoCASTRO: Yea
same thing Commissioner Saunders ·
take a look at your --
CO MMIS SI ONER KOW A
COMMISSIONER SAUNDE
CHAIRMAN LoCA 0: Ok
COMMISSIONERS RS:
one of the at-large.
y one spot, right?
o you want to do the
missioner Kowal,
Magel.
ee at-large.
o t ominee that's not CHAIRM
at large shoul
Gavin. Am I lo
aherty or Meredith
gs? Back me up on this.
Okay.
youwa
and,you
COMM
o want to --do you know either
you ant to be your nominee, or do
mm · ner Saunders is doing in District 3
them at a later date?
OW AL: Yeah. I do not know either one
of these, but, ye the same thing as Commissioner Saunders.
CHAIRMAN CASTRO: Okay.
COMMISSIONER McDANIEL: And I've got an easy one.
CHAIRMAN LoCASTRO: Jeffrey Curl?
COMMISSIONER McDANIEL: I'll nominate Curl. He
doesn't have a choice.
COMMISSIONER SAUNDERS: Yeah.
Page 199
March 28, 2023
COMMISSIONER McDANIEL: And then we --and then we
can make Larry --Larry Magel one of the --you want to do the five
commissioners? That takes care of the five commissioners. Do you
want to do that in a single vote? Did I hear you wanted to do --
CHAIRMAN LoCASTRO: Yes.
COMMISSIONER McDANIEL: I'll e a motion that those
five appointees be named.
CHAIRMAN LoCASTRO: Oka
COMMISSIONER HALL: A
COMMISSIONER McDAN
CHAIRMAN LoCASTRO:
COMMISSIONER KOWAL:
COMMISSIONER DERS.
CHAIRMAN LoCA
(No response.)
CHAIRM
So just
District 3 a
ond it. All in favor?
unanimously.
nging loose,
y understanding is that
et back to me as to who they
want.
C Right.
CO So there's Dalby and Calamari, we
still --they're we have to vote in.
MR. KLA : So you'd have two more at-large.
CHAIRMAN CASTRO: Okay.
COMMISSIONER McDANIEL: So let's do Dalby and
Calamari as the two at-large.
CHAIRMAN LoCASTRO: Well, I mean, I had nominated
John Symon. So is he --he's in contention for at large, too, right?
COMMISSIONER HALL: Yes.
Page 200
March 28, 2023
COMMISSIONER McDANIEL: Oh, okay.
CHAIRMAN LoCASTRO: So we have three at-large seats and
these three nominees?
MR. KLATZKOW: Well, it's not --you have three at-large
seats. You had three nominees for it, but the nominations were for
John Symon, Michael Dalby, and James Cal ari. But you guys
just made Larry Magel an at-large membe o that takes from the
three down to two.
CHAIRMAN LoCASTRO: W , tho --maybe then I
misspoke or I heard the wrong thi thought was going to
him one of be the District 4 person possibly. don't --if we
the at-large seats, then it bumps on the I really
ean, I did a ep dive on
not. So I'd like him to
am really strong on John So
his background and spoke
be one of the three, or at lea
I think we e bir
District 4 pers
names are here
M TZ
be one of the three.
e make Larry the
these three whose
missioner Kowal's nomination
ell, it really was. I thought I
t he already had, which was the was no
District 4
CHAI STRO: Yeah. You were keeping Larry in
the seat he had.
COMMISSIO R KOWAL: Commissioner Saunders said
something about Larry would make a good at-large, and I don't
think --and I think that was where we went, so ...
COMMISSIONER McDANIEL: Do you want --do you want
Larry to be your appointee?
COMMISSIONER KOWAL: That's what I initially said.
Page 201
March 28, 2023
CHAIRMAN LoCASTRO: Yeah. Do you want Larry to be
your District 4 appointee?
COMMISSIONER KOWAL: That was what I initially
nominated.
CHAIRMAN LoCASTRO: Yeah. That makes sense.
Okay. Can we amend that by --Distric
District 2 would be Mr. Keegan, District 3 ·
District 4 would be Magel, Larry Mage
COMMISSIONER McDANIE
CHAIRMAN LoCASTRO:
be Symon, Dalby, and Calamar
All in favor?
COMMISSIONE
COMMISSIONE
CHAIRMA
COMMI
COM
CHAI
would be Ms. Olsen,
11 to be determined,
· ct 5 would be Curl.
at-large would
. So that passes
una ne han 1ng loose there is District 3.
And ica o we'll let --and as we said,
Commissi at your discretion. So we'll have you just
get with the ger, and we would --we'll support either of
those two candi 's at your discretion.
COMMISSIO R McDANIEL: Do you need an --
COMMISSIONER SAUNDERS: All right, great. Thanks.
COMMISSIONER McDANIEL: Do we need --do you need
an actual letter of appointment from me for Curl, or are we good?
MR. KLATZKOW: No, we're good now.
CHAIRMAN LoCASTRO: Okay. But, I mean, in the future
Page 202
March 28, 2023
you can just send an email to the County Manager and say I appoint
this person, and then that's how this thing would have been populated
a little bit more, correct?
MR. KLATZKOW: Well, no. You've still got to vote on it.
CHAIRMAN LoCASTRO: Oh, no, no. I know. But if they
would have gotten a note from you, there wo d have been more
names on it.
MR. KLATZKOW: No. Everyb
just didn't get replies.
CHAIRMAN LoCASTRO:
llA?
Item #1 lA
AW ARD CONST C
23-8058 "G ' MAIN IMP
ACCURA
$4,00
AT
TO
UTI
3)-M
SECOND
Item #1 lB
BID ("ITB") NO.
ON WATER
~ - F COURSE" TO
, INC., IN THE AMOUNT OF
CHAIRMAN TO SIGN THE
T #70253) (COMPANION
) (M T MCLEAN, PUBLIC
!VISION DIRECTOR) (DISTRICT
OVE Y COMMISSIONER MCDANIEL;
ISSIONER KOWAL -APPROVED
THE BOARD OF COUNTY COMMISSIONERS, EX-OFFICIO OF
THE COLLIER COUNTY WATER-SEWER DISTRICT, AWARD
REQUEST FOR PROFESSIONAL SERVICES ("RPS") NO. 22-
8042 FOR "CEI SERVICES FOR GOLDEN GATE CITY
Page 203
March 28, 2023
TRANSMISSION WATER MAIN IMPROVEMENTS," TO AIM
ENGINEERING AND SURVEYING, INC., IN THE AMOUNT OF
$1,817,423.25, AND AUTHORIZE THE CHAIRMAN TO SIGN
THE ATTACHED AGREEMENT. (PROJECT #70253)
(COMPANION TO ITEMS #1 lA AND #1 lC) (MATT MCLEAN,
PUBLIC UTILITIES ENGINEERING DIVI ON DIRECTOR) -
MOTION TO APPROVE BY COMMISS R MCDANIEL;
SECONDED BY COMMISSIONER -APPROVED
MS. PATTERSON: We're g .
items. 1 lA is a recommendatio
B as companion
· n Invitation to
Bid, No. 23-8058, Golden Gate Cit ans a1n
Improvements, Phase 1 A f Cours , te D Systems,
Inc., in the amount of $4,0 and au ize the Chairman to sign
the attached agreement.
Its compan·
County Com
District award
Surv
Chairm
Mr.
2-8
Director, is h
MR.McL
well.
Item #1 lC
atl
e r County Water/Sewer
-or Request for Professional
for Golden Gate City
Imp ts to AIM Engineering and
t of$ ,817,423.25, and authorize the
reement.
ublic tilities Engineering Division
r questions.
ere's also 11 C as another companion to it as
BUDGET AMENDMENTS TO REALLOCATE $15,000,000
FUNDING WITHIN CWS BOND #2 PROCEEDS FUND (419)
Page 204
March 28, 2023
AND TO REALLOCATE $1,173,628 DEBT SERVICE FUNDING
BETWEEN THE CWS OPERA TING FUND ( 408), WATER
IMP ACT FEE FUND ( 411) AND WAS TEW ATER IMP ACT FEE
CAPITAL FUND (413). (COMPANION TO ITEMS #1 lA AND
#1 lB) (MATT MCLEAN, PUBLIC UTILITIES ENGINEERING
DIVISION DIRECTOR) -MOTION TO AP OVE BY
COMMISSIONER MCDANIEL; SECON BY
COMMISSIONER KOWAL -APPRO
MS. PATTERSON: Oh.
Thanks, Matt. Recommendati
reallocate $15 million worth o
Proceeds Fund 419 and
between the CWS Operati
Wastewater Impact Fee Cap
And Mr. M
CHAI
together?
companion.
mendments to
No. 2
t se nding
Fee Fund, and
tions on all three.
on both of those all
M three of them together.
ree of them together, okay.
So I have a question. So we're
going to p Engineering and Surveying to do
the thinking. ppens two years from now if I see on an
agenda item tha gineering missed a utility line underneath
the ground, and the ant us to come back and --who --if we're
paying them this amount of money and they miss something, are we
liable to pay for it, or are they liable to pay for it?
MR. McLEAN: This is Matt McLean, your division director
from Public Utilities.
The contractor for us for AIM Engineering's component is for
Page 205
March 28, 2023
the construction, engineering, and inspection services. They are our
eyes and ears out on the field to make assurances that the
underground contractor that's selected for the installation of the
pipelines is following all the specifications and design parameters
throughout the course of the construction.
We also independently bring in our qua ·
quality controls inspections team to also t
our project management team to make
accordance with all of the respective e gn p
according! y.
So we don't expect that to b
I mean, there is a --no one is ever
where we run into issues collabo
those, we solve those issue
But the CEI provides u
the construction
services fo
assurance and
ook at it along with
t everything is built in
eters and codes
never know.
ojects
ther, n we do
he course of it.
f essional expertise in
· ces to make sure
provide the best
sma
. I'm not saying that's not a
o wrap my head around that
ne would --
It generally averages 10 to 15 percent on
your contract within those parameters on this one
because it's am ed project.
MR. Mc LEA Right. For clarification, the contract before
you for AIM includes not only the Phase 1 A portion, which is the
$4 million construction costs, but also when we brought to the Board
the construction contract back in November for Phase 2, that was a
$6. 78 million construction contract. And currently we have out on
the street right now the final phase of the transmission project, which
Page 206
March 28, 2023
is an engineer's probable opinion of cost of 15 million.
So, in sum, all of the projects to provide the foundation for the
water lines within Golden Gate City is essentially about a $26 million
construction contract, of which AIM's contract will handle all the CEI
services, which is approximately 7 percent of that overall
construction contract.
COMMISSIONER HALL: Okay.
remember why I was wondering this, b
months ago when --the Goodlette-F
the ground that we didn't catch, a
back and approve more funding
thinking about, so I was just asking
makes more sense to me.
MR. McLEAN: Yo
CHAIRMAN LoCAS
COMMISS
approval of a
CHAI
e.
C NIEL: Aye.
CHA
COMM
COMMIS
CHAIRMAN
(No response.)
STR : Aye.
OWAL: Aye.
SAUNDERS: Aye.
CASTRO: Opposed?
elps me. I
remember, oh, two
there was a pipe in
ing us to come
hat I was
nks. It
CHAIRMAN LoCASTRO: It passes unanimously.
MR. McLEAN: Thank you.
Item #11D
Page 207
March 28, 2023
THE PURCHASE OF PROPERTY, BOILER & MACHINERY,
TERRORISM, AND WATERCRAFT HULL INSURANCE AS
OUTLINED IN THE EXECUTIVE SUMMARY AND
AUTHORIZE THE COUNTY MANAGER OR DESIGNEE TO
COMPLETE ANY APPLICATIONS ORO ER DOCUMENTS
NECESSARY TO BIND COVERAGE A RVICES FOR A
ONE-YEAR PERIOD EFFECTIVE AE 2023.
ADDITIONALLY, APPROVAL T A THIRTY (30)
DAYS COVERAGE EXTENSIO IN THE
EVENT IT IS REQUIRED FOR A VOIDING
A GAP IN COVERAGE AND TO E THE
TERMS AND CONDIT! OF T WAL. ( AEL K.
QUIGLEY, DIVISION D R, RI ANAGEMENT) -
MOTION TO APPROVE B SSI R MCDANIEL;
SECONDED B ISS PROVED
wate
auth
applica
services fo
Additio
gap 1n coverage an
the renewal.
a recommendation to approve
chinery, terrorism, and
the executive summary and
er or ignee to complete any
cum necessary to bind coverage and
riod effective April 1st, 2023.
al to purchase a 30-day coverage extension
is required for the purposes of avoiding a
better negotiate the terms and conditions of
Mr. Michael Quigley, the acquisition director for Risk
Management, is here to answer questions.
CHAIRMAN LoCASTRO: Commissioner McDaniel, do you
have a question?
Page 208
March 28, 2023
COMMISSIONER McDANIEL: My only question was, is
there a capacity for us to do this longer than a year?
MR. QUIGLEY: There has been times, but at this particular
time in our --I guess the way things are today, I don't see that. In
my past history, we have done multiyear contracts, yes, sir.
COMMISSIONER McDANIEL: Oka~ Okay. Well, I
would like for us to explore that more if w ld. And be that this
is just for a year, I want to have this dis in advance of two
weeks before the expiration of the c This is set to
expire, I think, in April of next ye
MR. QUIGLEY: Yes, sir.
COMMISSIONER McDANI
discussion in the early pa hsin
advance.
COMMISSIONER HA · e I'm behind the
eight ball on it.
CHAI
to the Co
had
exp1
keep a
way to do
know, we fee
COMMIS
approval.
, yo w --and I'll just say
ad this conversation. We've
d there's been sometimes
ng something that's about to
appro ed solution. So let's, like, really
you know, it's not the most efficient
ecial y if we have an issue with it, you
acked in a comer.
McDANIEL: I'll make a motion for
CHAIRMAN LoCASTRO: Okay. I've got a motion for
approval.
COMMISSIONER HALL: Second.
CHAIRMAN LoCASTRO: Do I have a second?
COMMISSIONER McDANIEL: It's seconded.
Page 209
March 28, 2023
CHAIRMAN LoCASTRO: Okay. Got a second. All in
favor?
COMMISSIONER HALL: Aye.
COMMISSIONER McDANIEL: Aye .
CHAIRMAN LoCASTRO: Aye.
COMMISSIONER KOWAL: Aye.
COMMISSIONER SAUNDERS:
CHAIRMAN LoCASTRO: Opp
(No response.)
CHAIRMAN LoCASTRO: nanimously.
1 lE.
Item #1 lE
AN AMENDED
AGREEMEN
FLORIDA
BEGINNI
REN
DIS
FO
DIS
HAZA
TOAPPR
BYCOMMI
CAPACITY
L, INC., A
E F FIVE YEARS,
ONE FIVE (5) YEAR
OR THE TRANSFER AND
RESERVE AIRSPACE
DEB IS FROM A NATURAL
GSON, P.E., DIRECTOR, SOLID &
MA AGEMENT DIVISION) -MOTION
MISSIONER LOCASTRO; SECONDED
OW AL -APPROVED
MS. PATTERSON: Item 1 lE is a recommendation to accept
and approve an amended and restated disposal capacity agreement
with Okeechobee Landfill, Inc ., a Florida corporation, for a term of
five years beginning July 1st, 2023, with one five-year renewal
option providing for the transfer and disposal of biosolids and to
Page 210
March 28, 2023
reserve air space for storm-generated debris from a natural disaster.
Ms. Kari Hodgson, your director of Solid and Hazardous Waste
Management Division, is here to answer questions.
MS. HODGSON: Good afternoon, Commissioners. For the
record, my name's Kari Hodgson, your Solid Waste director.
I prepared a presentation, but I also am ailable to take any
questions that you may have.
CHAIRMAN LoCASTRO: Wha
MS. HODGSON: The major
contract are that it locks prices in
contract. It also provides a min
contract and has a five-year term a
CHAIRMAN LoCA 0: We
MS. HODGSON:
CPis, and we did not have a
annual price cha
CHAI
Que
endment for the
ths of the
e? . . 1mum or maximum
8 months. It was an
's good. That's better.
. I make a motion to
Second.
Okay. Motion and a second. All
in favor?
COMMIS Aye.
COMMISSIO R McDANIEL: Aye.
CHAIRMAN LoCASTRO: Aye.
COMMISSIONER KOWAL: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN LoCASTRO: Opposed?
(No response.)
Page 211
March 28, 2023
CHAIRMAN LoCASTRO: It passes unanimously.
MS. HODGSON: Thank you, Commissioners.
Item #1 lF
A POLICY FOR THE USE OF THE WO
LAND ACQUISITION PORTION OFT
LOCAL GOVERNMENT INFRASTR
SALES SURTAX. (CORMAC GIB
ECONOMIC DEVELOPMENT
MOTION TO APPROVE BY C
SECONDED BY COMMISSION
MS. PATTERSON:
policy for the use
of the voter-a
surtax.
ORCE HOUSING
TER-APPROVED
EONE-CENT
MDIRECTOR,
IVISION) -
dation to adopt a
acquisition portion
ture one-cent sales
Mr.Co ctor of Economic Development
and
Gibl
I'v
little back
CHAI
background.
r questions.
ommissioners. Cormac
omic evelopment and Housing.
· f you would like me to give you a
STRO: Yeah. Why don't you give us the
MR. GIBLIN: ure. The voters approved on November 6th,
2018, the 1 percent local option surtax --infrastructure surtax. Part
of that funding was set to some community priorities, one of which
was workforce housing land acquisition. Twenty million of that
surtax was set aside.
There are certain statute requirements in that infrastructure
Page 212
March 28, 2023
surtax statute. One is that the county own the land, and the second is
that at least 30 percent of the residential units that are built on that
land be affordable at the 120 percent or less of median income level.
The AHAC formed a subcommittee to recommend some policy
highlights for the Board to consider. Some of those highlights are on
the slide in front of you now. They include reference for plans
that contain a greater percentage of afford nits and those that
target lower incomes. It's --the recom
discourage properties that are in floo
those with wetlands and other env. ·
It encourages shovel-ready
infrastructure, and transit routes alr
And then the last on AHA
determined that --or that t
whole picture and ·
land but also t
make sure tha
possible.
e.
uation zones, or
s.
ecific in tha hey
important to look at the
team out looking at
er in the project to
ost expeditious way
Th ittee, as I mentioned. They
met
una
for the lan
would be tha
proved the policy
esday.
sta ommendation is to adopt this policy
sing t e surtax dollars. The next steps
ork with the surtax committee, the
d the real property division to seek and
solicit properties a evelopment partners for the use of this money.
CHAIRMAN LoCASTRO: Commissioner McDaniel.
COMMISSIONER McDANIEL: Yeah. The only --go back
to the previous slide, please. All right. One more. That one.
The second bullet point down, discourage properties in flood
zones, evacuation zones, or with wetlands and other environmental
Page 213
March 28, 2023
concerns. I don't want to discourage anything. I would rather we
consider everything and then make business decisions based upon
economic circumstances with regard to mitigation, wetland
mitigation, habitat mitigation, evacuation zones. But the whole --in
my personal opinion, the whole doggone county is an evacuation
zone if the right storm comes about. So it w ld be my wish that
this policy be amended so that we're not d. raging properties in
flood zones.
MR. GIBLIN:
the policy is recommended in tha ·
someone brings to you a piece o
considerations or other impacts, tha ope
favorably than one that d ut it do
automatically.
CHAIRMAN LoCAS
"negate" or "ign
be a little bit
COMMIS
t in the way that
m. So if
have wetland
if it had the word
know, that would
I understand.
I just --· d --to say something, Jamie?
You'
ission r, thank you. For the record,
Jamie ur ment head for Growth Management
and Com ment.
As Co is only scoring criteria. All of these
would be broug d to the Board for consideration for your
final decision. Sta s only looking at that with regards to, if you've
got mitigation credits --and this is consistent with your already
adopted Growth Management Plan, especially with affordable
housing criteria, that when they're looking for density bonuses, we're
primarily focused on that --we're going to call that that Coastal
Fringe --because those are areas that your Growth Management Plan
Page 214
March 28, 2023
speaks clearly that this is not where you would want to see affordable
housing bonuses go forward.
So this lines up with your already current adopted program but,
yet, it is your decision as far as what you would exercise those dollars
for. And staff only grade to this criterium [sic], which would be
available for you at discussion.
COMMISSIONER McDANIEL: A
comes back, there --every piece of pro
Collier County is not going to come
system discourages properties tha
evacuation zones or that are Coa
environmentally sensitive area
So I have a conce
is. I think any and alls
the committee, re · e
Certainl
$20 million t
somethin ·
I don'
that light, when it
at is developable --in
So this scoring
or that are in
aspec hat that
ould be brought to
ing out of the
need to do
of a discussion. But
h the enormity of the need,
I do ' 1ng.
criterium, type --
e those comments to heart.
gives a lower scoring on staff
CHAI STRO: Why don't you word it that way,
then? It keeps raph, but it says, properties in flood zones,
evacuation zones, ith wetlands and other environmental
concerns, you know, run the risk of scoring lower or whatever the
right words are.
COMMISSIONER HALL: They're still considering properties.
CHAIRMAN LoCASTRO: Are considered, but can receive a
lower score, or whatever the proper verbiage is.
Page 215
March 28, 2023
MR. FRENCH: Commissioner --I'm sorry, thank you.
CHAIRMAN LoCASTRO: Is that a better way to do it?
MR. FRENCH: That is exactly how it's identified in the
scoring criterium. Perhaps the presentation doesn't match the actual
attachments that were provided to you for consideration, but this is
just on a basis of scoring points which would -that staff would
consider higher criterium. So, for examp ou've got wetland
areas where we know you're in a sloug ample, and you're
going to --and the developer --or th t would be required
to buy mitigation credits, you ma fa nine-acre
tract, you may only have three a
CHAIRMAN LoCASTRO:
summary of the whole th·
MR. FRENCH: Yes,
CHAIRMAN LoCAS
the actual verbia
MR.FR
scoring criteriu
back to
access
erb1 And, again, this is a
e rationale as we brought this
go to your surtax committee
is gives us now an avenue to
oters put in place in 2018.
cD NIEL: Okay. Leave it alone. co
COMM AUNDERS: Could I ask a quick
question?
CHAIRMAN CASTRO: Yes, sir, Commissioner Saunders.
COMMISSIONER SAUNDERS: Jamie, in terms of the state
and federal incentives that are available for this type of housing, do
they prohibit those types of projects in wetlands and high hazard
areas?
MR. FRENCH: No, sir, but it would just be their cost of
Page 216
March 28, 2023
development on the return on investment. They would still be
required --they may not qualify for the density bonuses, but they
would, in fact, require those same mitigation credits that they would
pay back to the Department of Environmental Protection to offset the
filling in of wetlands or --and they would still be required to go
through the same Environmental Resource P itting through the
DEP.
CHAIRMAN LoCASTRO: Com
sorry.
COMMISSIONER SAUND
COMMISSIONER HALL:
matrix for every property · ust £
conng
000-foot
view. Like a property t
have utilities, already ha
score a lot higher
doctored up a
So Iwa
Jamie and Jaim
really b · ·
have
We'
though
from "disc
COMM
Just leave it alone.
u
zo already
ovel rea y would
ht have to be
t to Cormac and
hat they came up with was
ol to take this --you know, to
e able to start applying it.
it's time to start applying it.
it's a great tool, and it's been well
the comments about changing the word
· es" to "consider properties."
McDANIEL: Don't change your language.
CHAIRMAN LoCASTRO: Like you said, those are --those
are shortcut bullets.
COMMISSIONER McDANIEL: We're not precluding
anybody. We're not precluding anybody. This is just a rating
system.
Page 217
March 28, 2023
CHAIRMAN LoCASTRO: We have public comment?
MR. MILLER: Yes, sir. We have one registered speaker,
Michael Puchalla.
COMMISSIONER McDANIEL: Who?
MR. PUCHALLA: Who?
CHAIRMAN LoCASTRO: Never hea
MR. PUCHALLA: Good afternoon. ong day.
For the record, Michael Puchalla, · ye director with the
Collier County Community Land T can imagine, here
to speak in support of this proces ou know kind
of what's anecdotally happening, evelopers
that specialize in housing aff ordab1 ing the
subsidies and are looking he incen e in uild in
Collier County, and they'r e can do with this.
And I really believe tha e forward, you're
going to see acti d it's g f activity that we
are looking fo thee in mix of affordability.
It's --the oken with that are interested in
his ing at producing units that
give wn into the low income.
The deve ers that work with the state
SAIL p ve 1 Act is adding a significant amount
of money gram. So these developers are ready, and
this is just on entive that the land and the ability now to
maybe bypass s e zoning --rezoning, that takes a long time.
We're going t e activity. So we do have developers already
queued up, ready to make applications.
So I strongly --and also the land trust is ready to come in and
partner on this, if it's appropriate, working with staff so that we can
be as involved as necessary to make sure that this doesn't become
another burden on staff to have to manage the ground leases.
Page 218
March 28, 2023
So just thank you again for the time, and I'll answer any
questions that you might have.
CHAIRMAN LoCASTRO: Commissioner Hall, you have a
motion?
COMMISSIONER HALL: I do. I make a motion to adopt the
policy.
CHAIRMAN LoCASTRO: Do I ha
COMMISSIONER McDANIEL:
COMMISSIONER KOWAL:
COMMISSIONER SAUND
COMMISSIONER McDA
CHAIRMAN LoCASTRO:
COMMISSIONER
COMMISSIONER
CHAIRMAN LoCAS
COMMISS SA ER
COMMI ow~
CHAIRM RO:
(N
ses unanimously.
ou, m1ss1oners.
missioners, before we move on, I'd
just like to to thank Mr. Giblin. We transitioned the
Housing gro mic Development over to the GMD group a
couple of montH d shortly thereafter, the sitting Housing
director, Jake, depa: cl, and Mr. Giblin stepped up and has taken the
reins and really helped us out with this policy, amongst other things,
in the affordable housing group. So, thank you, Cormac.
CHAIRMAN LoCASTRO: I think we're throwing Cormac a
little bit too much love. I knew him from my previous life before I
was a commissioner, and I can tell you a couple things. I mean, he's
Page 219
March 28, 2023
okay. I mean, on a scale of 1 to 10, he's about a 6 if you round up.
No. I love you, brother. And thank you. That's really
appropriate from our County Manager as we're juggling people
around and, you know, we're seeing our senior leaders step forward,
and that guy is subject-matter expert on a whole bunch of things
so --and so is that team. Thank you.
MR. GIBLIN: Thank you.
CHAIRMAN LoCASTRO: I stil
him, though, if anybody wants to --
CO MMIS SI ONER McDAN
a few things about
do, too.
o get a public
records request.
CHAIRMAN LoCASTRO:
Item #1 lG
THE 2023 ST
MINOR CHA
THE BOARD
PROVI
MA
DEP
COM
COMMIS
USIONOF
ON RECEIVED AT
RUARY 21, 2023 AND
AND COUNTY
IO TIATIVES. (ED FINN,
GER) -MOTION TO APPROVE BY
A ; SECONDED BY
-A PROVED
: 11 G is a recommendation to adopt the 2023
strategic plan with inclusion of minor changes based upon
direction received at the Board workshop on February 21st, 2023, and
provide direction on Board and County Manager Office priority
initiatives.
Mr. Ed Finn, your Deputy County Manager, is here to present
briefly.
Page 220
March 28, 2023
CHAIRMAN LoCASTRO: So, Mr. Finn, do you have slides
with the updated changes, or can you --are you going to summarize
those, or --right? This is the update to the big meeting we had
where we wordsmithed a few things and rejuggled some priorities,
correct?
MR. FINN: Yes, sir, absolutely correc Thank you,
Mr. Chairman, Ms. Patterson. Ed Finn, D County Manager.
Maybe Troy can help me out. Maybe
COMMISSIONER McDANIE
MR. FINN: It's all right. I
Okay. Get our spelling right on
We're here today to adopt this
Board's direction and inp hat wo
February 21. We're looki
discusses --the item itself d1
The attachments · the s
es Jesus.
I usually do.
that the Board made.
all it, as well as the
also --on the PowerPoint o
strategic m
Coun
s are the priorities that the
sembled, a total of 36
questl ns, do any further presentations.
We're p umentation if you'd like.
I can r nex step and the top priority under the
Board priorit tegic plan integration into the budget that's
being develope nstructions have already been given out and
have been followe your staff as they prepare their --what we call
their enhanced funding requests. Those funding requests are kind of
the tip of the iceberg. They have been instructed to explain how and
describe in what way they will advance the strategic plan. And we
are going to similarly integrate the strategic plan into the balance of
the budget. So that --you should see that. And the rest of the
Page 221
March 28, 2023
reporting is going to be developed as we move forward.
Having said that, if there's anything further the Board would like
me to specifically get to, I'll be happy to do it.
CHAIRMAN LoCASTRO: Commissioner McDaniel.
COMMISSIONER McDANIEL: Move for approval.
COMMISSIONER HALL: Second.
CHAIRMAN LoCASTRO: Okay. a motion and a second.
All in favor?
COMMISSIONER HALL:
COMMISSIONER McDAN
CHAIRMAN LoCASTRO:
COMMISSIONER KOWAL:
COMMISSIONER DERS.
CHAIRMAN LoCA
(No response.)
CHAIRM
MR.F
ously.
I do appreciate the
Board's i s very helpful. Thank you.
"co
M
co
MR.F
COMMIS
wordsmithing issu
done.
.
Slf.
because I'm a little anal, under
:iiiiiiunity and in, where it says
'11 keep you honest.
cD NIEL: Just so you know --
have another, sir? Thank you.
McDANIEL: --I'll accept a little
st to get it done, and I appreciate it getting
MR. FINN: Thank you, sir. I certainly was encouraged to
bring it back quickly.
COMMISSIONER McDANIEL: Yes.
MR. FINN: And I appreciate that.
Page 222
March 28, 2023
COMMISSIONER KOWAL: Glad I see that pyramiding --
CHAIRMAN LoCASTRO: Let me just ask you. So what are
we going to do with this? Are we going to --this is going to hit our
website? We're going to --we're going to have a --we have a
marketing campaign, right, for this?
MR. FINN: The strategic plan we'll ge
we are working on how we're going to ex
top priorities that the Board just looked
myself are kind of working on a stra
very shortly.
CHAIRMAN LoCASTRO:
MR. FINN: Very ood.
Item #1 lH
nto the website, and
communicate those
d Mr. Neiman and
' 1 be implementing
, ma'am?
AN AGREEME E WITH: (1)
BRIAN BLO E AND SIGRID
GUERRA; (3) N AND NANCY L. RUBEN,
TRUST F T BEN AND NANCY L.
RUB B DJULY30,2021;(4)
TA RME Y KNOWN AS TAMERA
GIB SO PAUL MICHAEL ZANI AND
ASHLEY AN DER THE CONSERVATION
COLLIER L ISITION PROGRAM, AT A COST NOT
TO EXCEED$ J\ND ACCEPT A PROJECT STATUS
UPDATE. (ED FI , DEPUTY COUNTY MANAGER) -
MOTION TO APPROVE BY COMMISSIONER LOCASTRO;
SECONDED BY COMMISSIONER MCDANIEL -APPROVED
MS. PATTERSON: Item 1 lH is a recommendation to approve
an agreement for sale and purchase with, one, Brian Blocker; two,
Page 223
March 28, 2023
Maximo Guerra and Sigrid Guerra; three, Andrew J. Ruben and
Nancy L. Ruben, trustees of the Andrew J. Ruben and Nancy L.
Ruben Revocable Trust dated July 30th, 2021; four, Tamera
Sparkman, formerly known as Tamera Gibson-Demello; and, five,
Paul Michael Zani and Ashley Christina Zani under the Conservation
Collier Land Acquisition program at a cost n to exceed $371,300,
and accept a project status update.
Mr. Ed Finn, your Deputy County er, will kick off this
presentation.
MR. FINN: Thank you, ma'
Sir, this is a relatively routi
a little time and give you a quick u e o
ht we'd take
tus of the
three cycles that are in pl ht now.
There are --as I ment
cycles in play. Cycle 10 --
been closed. F
today, will be
pending BCC a
through ey'l
dt
ee --three acquisition
0 properties that have
approves the five
20 properties that are
ntracts are working their way
Board in much the same way
re rece t. Sixteen appraisals are in
ap · als are under review. And the last
one 1s mos oar approved the Cycle 1 lB, and four
properties ha ut, and 16 properties are --we have
appraisals in pro ious --various stages of being in process.
I'll mention to u that Conservation Collier will be back before
you presenting their annual report on the 25th.
The five properties that we're talking about today are kind of
identified on this eye chart. And I'll make it a little bigger if I can.
These properties are --have all been agreed to at the appraised price,
and they are ready to move forward with the Board's approval today.
Page 224
March 28, 2023
COMMISSIONER McDANIEL: Do it.
CHAIRMAN LoCASTRO: Okay. Motion to approve. Do I
have a second, or do you have a --I'm sorry. Commissioner
McDaniel, go ahead, sir.
COMMISSIONER McDANIEL: No, no, no. I'll second your
motion.
CHAIRMAN LoCASTRO: Okay.
question?
COMMISSIONER McDANIE
motion.
CHAIRMAN LoCASTRO:
Second. All in favor?
COMMISSIONE
COMMISSIONE
CHAIRMA
COMMI
COM
CHAI
s going to make at
sses unanimously.
uch.
XECUTE A SETTLEMENT
AGREEMENT W NAPLES GOLF DEVELOPMENT, LLC,
FOR SETTLEMENT OF A BERT HARRIS CLAIM FILED
PURSUANT TO FLORIDA STATUTES §70.001, RELATED TO
APPLICATION OF THE COUNTY'S GOLF COURSE
CONVERSION ORDINANCE ON THE LINKS OF NAPLES
GOLF COURSE -MOTION TO DENY BY COMMISSIONER
Page 225
March 28, 2023
MCDANIEL; SECONDED BY COMMISSIONER LOCASTRO -
APPROVED (COMMISSIONER SAUNDERS OPPOSED)
MS. PATTERSON: Commissioners, that brings us to Item 12A,
formerly 16K 1. This is a recommendation to approve and authorize
the Chairman to execute a settlement agreem t with Naples Golf
Development, LLC, for settlement of a Be rris Claim filed
pursuant to Florida Statute 70.001 relat lication of the
county's golf course commercial ord· Links of Naples
Golf Course. This item was mov. enda by
Commissioner McDaniel's reque
County Attorney Klatzkow.
MR. KLATZKOW: d I can
questions, sir. Your prero
COMMISSIONER Mc
I'll ask my qu
MR.
COM
our
ahead and start, and
og , yes.
It is my --
ion map up on the viewer so
ere this is. It's a golf course
evelop ent pattern around the golf
course. course is in the middle of nowhere.
We g a claim on the Bert Harris Act. The way
that works is claimant can file a Bert Harris Act, he has
to give a notice which gives the parties the opportunity to sit
down to see if they 't negotiate some sort of settlement. There's a
90-day period for that, and it took pretty much all 90 days plus an
extension to get there.
The settlement, we believe, at three units per acre is probably
less than they would get if they went through the full rezoning
process, and it ends the --it ends the issue. It's a $6 million claim.
Page 226
March 28, 2023
If I thought the claim had no value, I wouldn't be coming here to you,
but I do think there is some value to that claim. And by accepting
this settlement, we end the county's exposure on this.
COMMISSIONER McDANIEL: So the reason that I brought
this forward was --and I'm not a lawyer, so I look at things from my
perspective. And my perspective is I'm not derstanding how a
Bert Harris Claim taking can transpire wh request for a change
of use is in the process.
And I understand that the theo
ordinance that I expressed conce
ago gives the perception of a tak
without a request for a deviation fr
seeing how the project's to lay o
negotiating a settlement o ived ta:
MR. KLATZKOW:
for a developme
act.
. ourse conversion
dopted it years
the site plan,
e, without
eme ut
t hasn't transpired.
ot have to first file
not part of the
ure here. This gets rid of the
exposur
Bosi
para
LDC.
pmentservicesteam,Mike
standards, they're within the
ally wo ld grant. They have to file the
three units per acre, which I feel is
highly rea .
COMM DANIEL: So I'm settling a lawsuit that
hasn't existed w er of density that hasn't been requested.
MR. KLATZ : Commissioner, we don't have to settle this,
but they will file a claim. As part of that, we'll get involved in
litigation. As part of that, there will be a court-ordered settlement,
and we'll be here again in six months to a year on something that is
probably substantially similar to this, after having spent some costs.
Either way, as part of Bert Harris, you're going to be seeing a
Page 227
March 28, 2023
settlement offer. Now, if I thought the claim had no merit, I'd tell
them to pound salt, which would be my recommendation, but I think
this claim has some merit.
COMMISSIONER McDANIEL: My concerns are what they
are. I am --first of all, what happens if we repeal the golf course
conversion ordinance?
MR. KLATZKOW: It will not affec
because they were impacted by that ord ·
you will not see another one after th
COMMISSIONER McDAN
particular matter
But if we repeal it,
ht that up
several times. And, again, I' ;wyer; please
understand that. I'm just --I' tate
developer's standpoint. r. I at
this --their claim is a cl g of property rights
that can be amend · lf course conversion
ordinance that w
If Mr. Bo
certain criter·
what
ask
theo
ys I have to meet
green space, so ons and so forth,
ts to change from that? They
, hen, can fulfill their
g by an alleged claim when I
pe · ty --because this isn't the first. You
know, we' projects that are coming at us.
And my wouldn't it be more prudent for us to not
settle this at this ar stage? And, again, I don't know. I'm
just having trouble cl erstanding or seeing the validity of the taking
when there hasn't been an ask.
MR. KLATZKOW: Commissioner, I'm happy to litigate this.
If we're successful, we will have some costs involved, but we'd be
successful. They would then come in for a rezone, and they would
probably be asking for this or more. I think at the end --however
Page 228
March 28, 2023
way we go on this process, I think the settlement is the way this
property's going to develop. It is not going to stay as a golf course.
So we could do this --I'm happy to litigate this. I am telling
you we have some exposure, but I'm happy to litigate this. But my
best-case scenario after two, three years, four years of litigation is a
rezone that asks for this.
COMMISSIONER McDANIEL: R.
starting a process of a negotiated settle
be negotiated when they ask for the
taking that transpires because oft
for the golf course conversions t
semantics that can, in fact, be justi
MR. KLATZKOW: ·sis just
works, sir. I mean, I do hat to
preference for the t -
order, but that'
nd I am hesitant in
mething that could
y actually have a
the ordinance
y the Bert is Act
you. It would be my
1 of a development
COM
order. This
his isn't a development
t's utilized as a golf course that
't even --
you
ordinan
co
the golf cour
n for a pre-app, and staff said
comply with the golf course
MR. KLA : And they're saying --
CO MMIS SI O R McDANIEL: And they don't want to
comply with the golf course ordinance, so in a normal process, then
they would come back and ask for deviations from that ordinance or
the side-yard setbacks or any of the things that we have set up as the
development criteria.
MR. KLATZKOW: Or they can choose to move forward with
Page 229
March 28, 2023
the Bert Harris Act and claim $6 million because maybe they can get
more money that way than they can actually developing the property.
I don't know what to tell you. I'm not a big fan of the Bert Harris
Act, but it is what it is.
COMMISSIONER McDANIEL: I am a --I mean, I don't --I'm
not a fan nor am I an opponent of it, because operty rights reign
supreme with me.
I'm just having trouble with the lo · f this circumstance
ttlement's being
offered up in
when an actual taking has not transp · and
offered up with a zoning density t
advance of a --of what I know o
Now, you just shared new
pre-application that was
couldn't do what they w
conversion.
golf course or
COMMIS
lS --
Riviera, by tH
re was a
them they
e golf course
mply first with the
buffer requirement.
Right. And in the event they
e a deviation request?
got was a notice of claim.
: Correct, which is --which
COMMIS McDANIEL: Right.
MR. KLATZ : --where rather than going through the
process, I'm getting a notice of claim. It's just the way the Bert
Harris Act works. It's frustrating, from my standpoint.
COMMISSIONER McDANIEL: Right. Well, it almost seems
to me --well, two things are glaring at me. The first is we need to
give consideration to the repealing of the golf course conversion
Page 230
March 28, 2023
ordinance, number one, and allow these projects to come through on
a case-by-case basis for a zoning request and protect the community
as best as we possibly can. That's number one.
Number 2, this is --they certainly may be within the bounds of
the law to ask for a Bert Harris Claim, but I have trouble seeing
where they have a validity in the claim when ey haven't asked for
any kind of a deviation away from what t ulations are that are
set forth in the code.
Every single development --no
Many of the developments that co
a --it's a common occurrence th
I can't say every single one, but vi
of a deviation, and witho t being
development.
deviations. It's
ld regularly.
ome kind
$6 million claim for a taki asn't t ired on an unzoned
how that claim can piece of property, I'm havin
even be given v
MR.KL
viable defe
Ifthe
will
tot
we can
something
of property h
COMMIS
ou we don't have any
ing you it's a $6 million claim.
e a settlement discussion. I
roposal substantially similar
they'r going to be rezoning, and then
roe and you're going to wind up with
I lose it, we'll be buying a $6 million piece
ce.
McDANIEL: I don't know. How do the
rest of you feel abo his --how do the rest of you feel about this?
Again, this is just --this is Commissioner McDaniel sitting over here
looking at it from my --
COMMISSIONER KOWAL: I agree. No, I agree with you,
Commissioner. I mean, I'm lit up. I just --
CHAIRMAN LoCASTRO: Yeah. Commissioner Hall, and
Page 231
March 28, 2023
then Commissioner Kowal, and then me.
Commissioner Hall.
COMMISSIONER HALL: No, I hear the frustration. I think
the same thing. I mean, there's no real ask, so there's no real taking.
So what basis do they have? But that's the nature of the Bert Harris
beast. They don't have to have a real reason They get to make a
notice of claim for the $6 million.
And so I think what the County A
this golf course conversion in play r·
of it, that's the liability that we ha
settle later for mucho money. ~
COMMISSIONER McDANI
$20 million for the Aff or
CHAIRMAN LoCA
COMMISSIONER Mc
' saying is, we have
so until we got rid
le now for free or
ing to use it for this?
talking. I'm not --I
operty. I'm --and don't --I don't
I don't disagr
COM 11, it sticks in my craw.
My argument, my discussion
and the Bert Harris rights.
agnan ous claim that they've been
damage ey haven't tested the system to see if
the system d to effectuate what their actual request was,
there's no da pplication of an ordinance without testing
the ordinance to can be deviated from, should be deviated
from, will be devia from should be the litmus test for us to
determine whether or not --
CHAIRMAN LoCASTRO: So are we prematurely settling?
COMMISSIONER McDANIEL: I think we are.
CHAIRMAN LoCASTRO: Yeah.
COMMISSIONER HALL: What's the market value of the
Page 232
March 28, 2023
property?
COMMISSIONER McDANIEL: Six million.
COMMISSIONER HALL: No. That's what the claim is. I
just wondered what the --
CHAIRMAN LoCASTRO: Commissioner Kowal, do you have
something to add? Go ahead, sir.
COMMISSIONER KOWAL: No. --I understand the
situation our attorney's in, you know, b
it gives them the right to file the law
right to win the lawsuit. And I t ·
jurisprudence in a court of law t
him in some way or just, you know
else to decide. If he's go· o file a
the gamut that he has chan
isn't strong.
of the Bert Harris, and
esn't give them the
ow,
we've harmed
somebody
he also run
it also if his case
aniel's coming from
is · y if he hasn't asked for
And I unde
that --what h
anything yet?
the cart
·ust --it's kind of like putting
talked about the Riviera Bert
you
d said it sounds frivolous,
situation. So, I mean, that's
kind o
CHA
COMM
STR : Commissioner McDaniel.
cDANIEL: Yes. I'm --I don't know.
Do you want to the lawyer for the owner of this piece of
property --
CHAIRMAN LoCASTRO: Sure.
COMMISSIONER McDANIEL: --just to have his take on it?
CHAIRMAN LoCASTRO: Go ahead, sir.
MR. WRIGHT: Thanks, Commissioners. Good afternoon.
Jeff Wright here on behalf of the property owner.
Page 233
March 28, 2023
Just a couple things I wanted to clarify. I'm with the Henderson
Franklin law firm.
And a chronology: This kicked off back in 2021 when we
approached staff and said what would be involved --it's an ag parcel
with a conditional use that allows golf, golf course, and that's how it's
been for decades. And so we approached st and said, we're just
looking at options. Could you convert th' esidential?
And we got the impression that st d resist that, so we did
a zoning letter, and the zoning letter wn the date --we
received on June 28th of 2021 tha
applies to this property.
And we didn't think that was r eyou
sure about that? And th ave ply with
the conversion ordinan to convert. You
have to file a con ·
So we lo
ordinance app
permitted, it's n
W Isa
wes
situatio
And
you need to con
Bert Harris Claim.
where we're at today.
conversion
e residential, is not
sory.
so it's a --you're allowed to
rmitted use. So right away
e does not apply to our
ermitted use.
oes.
ation for a plat, and we got the response,
e were left with no choice, so we filed the
was timely filed, and that's how we got to
So there were two application attempts, and both of them we
were told that we need to comply with the conversion ordinance, and
we, frankly, don't because it doesn't apply because residential is a
permitted use.
Page 234
March 28, 2023
COMMISSIONER McDANIEL: Correct.
MR. WRIGHT: I just thought that would be maybe a helpful
clarification for the Board.
CHAIRMAN LoCASTRO: Commissioner McDaniel.
COMMISSIONER McDANIEL: Yeah, very helpful.
So I'm going to --I'm going to make a tion to deny this
settlement off er and, if need be, go to cou etermine --to
determine whether or not there is an ac Harris Claim here.
In all sincerity, it sounds like, in erro
conversion on something that wa
CHAIRMAN LoCASTRO:
(No response.)
CHAIRMAN LoC
COMMISSIONE
COMMISSI
CHAI
COM
CHAI
e.
posed?
Aye.
nt was advised of a
ch.
. It passes 4-1 that we are
And then I'd like to --if I
can, wh1 bjec matter, I'd like to find out what
the --what f this board is with regard to the review of
the golf cours n ordinance because it, in all candor, seems
to me to be adding to be more issues with our community than
what its intent was to help.
MR. KLATZKOW: I don't think it's working, your golf course
ordinance, the way it was intended.
COMMISSIONER McDANIEL: Could I ask for it to be
brought back at our next meeting for a review?
Page 235
March 28, 2023
MR. KLATZKOW: Yes.
COMMISSIONER McDANIEL: I think I voted in affirmative
on that, so I have that right to bring it back and have it --
MR. KLATZKOW: Well, we're past that point. You can do it
anyway.
COMMISSIONER McDANIEL: Oka~ So I would like
to --if it meets with the pleasure of the Bo o see that again next
month or --
COMMISSIONER HALL: I'd
COMMISSIONER McDAN in April.
CHAIRMAN LoCASTRO:
MS. PATTERSON:
communications.
Item #15A
PUBLIC C
CURREN
AL
IN
or futur
public com
MR.MI
Item #15C
SNOT ON THE
BY INDIVIDUALS NOT
OUS PUBLIC COMMENTS
om s on general topics not on the current
idua s not already heard during the previous
eeting.
e have none.
STAFF AND COMMISSION GENERAL COMMUNICATIONS
MS. PATTERSON: That brings us to Item 15C, staff and
Page 236
March 28, 2023
commission general communications. I'll look at Mr. Rodriguez.
MR. RODRIGUEZ: No, ma'am.
MS. PATTERSON: We have nothing.
County Attorney?
MR. KLATZKOW: Thank you, but nothing.
COMMISSIONER McDANIEL: Whil everybody else is
talking, hunt up Ed Finn.
MS. PATTERSON: Okay.
CHAIRMAN LoCASTRO: I'
Saunders for comment. Sir, anyt
COMMISSIONER SAUN
nothing to add. Thank you for yo
participate --
CHAIRMAN LoCA
you.
COMMISSIONER SA
CH
co
to Commissioner
Thank
ml
o want to bring up one thing to
There is a state statute that
s that we as a local board can
ment an or our Comprehensive Plan
roj where it's not zoned for that. Like if
there's a c ercial p · ect, or if there's something that makes sense,
we can --we 't hav go through the public process. We can
just go ahead an hat.
I brought it up Mr. French. Mr. French said it's never been
done. It is state statute, but it's never been done. And I said, well,
let's be the first.
It's another avenue --it's another avenue that we have
that's --that we can use for --and there's one project that I have in
mind. Michael Puchalla brought it to my attention, the Ekos project.
Page 237
March 28, 2023
It's not a --it's something that we could take a look at and implement
that state statute, and just because it never has been done, I just
wanted to see if there was an appetite to entertain it.
COMMISSIONER McDANIEL: I think it's a great idea, and
I'm really glad you're here because it will get him from --quit asking
me how many other people in the state have er done it before?
Because I'm like, I don't care. I want to --be the first. So
happy to have you.
I'd like to see --and, again, it's
project-by-project basis. And so ·
GMP and it goes through the pu
I'm totally fine with it. Happy to Ii
COMMISSIONER Oka
CHAIRMAN LoCA
COMMISSIONER Mc
Ed, I want
comments tha
MR.F
co
a
arameters of our
1 sort of thing,
· ner McDaniel.
ready.
tired of the
I want an update on that,
We've been working diligently with the
attorney for es Fire District to try to achieve some
solution on that. e district is meeting on the 30th or the 31st,
special session, to rove the terms that they want to present to us.
We have met with them on several occasions. Most recently they
kind of adjusted the goal posts a little bit, and it was the suggestion of
the County Attorney that they kind of huddle among themselves and
decide what they need. So we've kind of been working, following
along with that.
Page 238
March 28, 2023
So on the 30th or 31st when they meet, we'll be there to discuss
it with them, and hopefully we'll have some clear direction. The
County Manager has been clear in that we cannot disrupt public
safety down there, nor disrupt the residents, nor disrupt who's
involved. We've got Ochopee, Port of the Isles, as well as
Everglades City.
COMMISSIONER McDANIEL: A
MR. FINN: Our intent is to main
public safety, particularly fire servic
way. But the fire service also pr
our intent.
COMMISSIONER McDANI
with the Board's pleasure
meeting in April, which is
withdrawal.
MR.FINN:
s --
em.
appropriate level of
ld continue either
as well. That is
it meets
this a first
of their supposed
ent to bring to the
Board on the 1
COMMIS Eleventh. Is our meeting on
I said the wrong date. My
that.
EL: Okay.
Obviously, like you said, there's
several fire s
MR. F ir. There's two-man stations --two-man
stations and, essen y, a maintenance storage facility also in
Ochopee.
COMMISSIONER McDANIEL: Have we looked at this from
a legal perspective with regard to the exposure? Because my
understanding is their board was given inaccurate information, misled
that we were delinquent under the terms of the existing contract.
Page 239
March 28, 2023
MR. KLATZKOW: I will tell you that this is all on them, not
your staff, all right. This is a management agreement. They don't
know that they want this.
COMMISSIONER McDANIEL: They don't want it. They
have --
MR. KLATZKOW: All right. So ift
may decide to walk away. So we told the
What do you need to stay here to mana
we're waiting on.
COMMISSIONER McDAN
the terms of the contract with th
do they have exposure to the count
the terms of the contract?
requisites under the terms
have performed. They did
MR. KLAT Id
contract.
COM
don't want this, they
st give us a deal.
And that's what
.
e we reviewed
tive? And
1ng, e were
were supposed to
quisites.
· breach of the
they're going to be in breach
the contract will be ending,
want to continue managing this
y say we don't want to do this
anymore,
COMM
g to ave to come up with Plan B.
cDANIEL: Right. And there was also,
the terms of the existing agreement, that
they --that they we supposed to have already assimilated the
Ochopee district into the Greater Naples Fire District, and they have
not done that yet.
MR. KLATZKOW: They have not done that yet. And, quite
frankly, when this deal was done, Len Golden Price and I thought
exactly what would happen here, because Ochopee's a money loser,
Page 240
March 28, 2023
which is why we did the management agreement to maintain control
of all the assets in case we ever had to step back. This is not a
surprise to me what they're doing.
COMMISSIONER McDANIEL: I understand that, but does it
not --is that not a breach of the existing contract --
MR. KLATZKOW: No.
COMMISSIONER McDANIEL: y did not fulfill that
portion of it?
MR. KLATZKOW: No, it's n
COMMISSIONER McDAN
assimilation?
MR. KLATZKOW: The dea
Isles of Capri and Ochop
Isles of Capri was a mone
They have decided that that
it. So they're n to be
just not.
take over
istric 1 right.
s a money loser.
don't want to do
e area. They're
COMMIS Did they assimilate
sles of Capri or actually the
of Capri, and they did bring it into
their distn
COMM
district?
cDANIEL: They did bring that into the
MR. KLATZ Yes.
COMMISSIONER McDANIEL: But they didn't bring
Ochopee?
MR. KLATZKOW: No.
MS. PATTERSON: Sir, they made an attempt, and they will
tell you that that attempt at the legislature failed. Now, we can't
Page 241
March 28, 2023
comment on --
MR. KLATZKOW: How half-hearted it was.
MS. PATTERSON: --on what exactly that involved. But
they did make an attempt, and they have discussed future attempts,
but that's all part of this discussion.
MR. FINN: So the agreement --the ag ement said that they
were responsible for making that effort an nically, they made
that effort. They did not succeed. It · itially it was our
desire to continue down that path. of our primary
objectives with them, and they ha ot to their
satisfaction.
Now, I'm going to quickly say
has provided good, high-·1
down there for in excess o
provide the kind of level of
the folks out the
. . Increase In c
indus
tp
District
. ve been
a goo JO . They
se people out there,
ings, collective bargaining and
twas initially developed, there
ratus. The collective were
barg
that the
as in stry practice suggests strongly
ree le on an apparatus, and they have
nd tfiat largely accounts for the cost
g at.
al, but this is a low-density area. It's quite
large. It's quite a e service area, and at the same time you have a
few areas that are fairly dense, Everglades City and the Port of the
Isles.
Certainly, this is not perfect, but I kind of hate to see us throw
the baby out with the bath water on this one until we can kind of get
this thing settled and see what they come back with.
Page 242
March 28, 2023
COMMISSIONER McDANIEL: We're not throwing anybody
out with anything. It needs to get settled. I don't think we need to
be threatened in any way, shape, or form, and I'm feeling backed into
a comer right now, and I don't feel rightfully so.
MR. FINN: Yes, sir.
COMMISSIONER McDANIEL: It wa
public meeting that the county was deficie
under the terms of the existing contract
Commissioner McDaniel knew that
represented that I knew. I don't
anymore. I want to get this thin
that we can, give the people of Po
some semblance of order they kn
necessary fire protectio o f o
MR. FINN: s
COMMI
epresented in an open
a delinquent for years
s asked if
ent, and it was
SCUSSlOn
01ng
ape, or form
hopee area
ve the
MR.
co I'm very disappointed that the
know when I was --when we
were that information came to me,
and I was asking if we were
delinqu s e existing contract, and we are not.
Is the s because of policy changes, because of
collective ba ause of administrative expenses and so ons
and so forth tha are deficits under the terms of the contract,
but they're to the d quencies.
MR. FINN: You are correct.
COMMISSIONER McDANIEL: Somebody write that --oh,
Terri wrote that down. Did you hear him say I was correct?
Okay. Thank you, sir.
MR. FINN: You're very welcome. Thank you.
Page 243
March 28, 2023
COMMISSIONER McDANIEL: Yep. Item No. 2, in advance
of the Army Corps of Engineers' study for beach enhancement, beach
renourishment, dunes, so ons and so forth, my suggestion is sooner
than later we appoint another advisory committee to watch this go
through it and have --I don't want it to be --I don't want it to be the
previous advisory committee. If we have to tinguish that one, I'd
like it to go away, because it was too big, oluminous, too
cumbersome, and I'd like a committee one from each direct
appointed, and then two at-large. T two from each
district?
COMMISSIONER KOW A
COMMISSIONER McDANI
So one from each --
that orchestrated up by ou
names of representatives tha
committee, and '11 get
able to watch ith t
with the public 1
disinfo
com
than and have
dy submit their
rve on this
shed up to be
eers and help us
, 1sinf ormation,
gs that transpired last time.
eing to serve on that
ameters of that on April 11th.
e head nods out of you, because
Amy won
COMM ALL: What would that
subcommittee --ould that committee be called?
COMMISSIO R McDANIEL: I haven't gotten a name for it.
It's a community review of the Army Corps study for beach
renourishment and beach --
CO MMIS SI ONER HALL: Beach renourishment.
MR. KLATZKOW: Do you want an ad hoc committee?
CHAIRMAN LoCASTRO: Army Corps, like, Advisory
Page 244
March 28, 2023
Committee or something like that?
COMMISSIONER McDANIEL: Pick a name. All I want's
the committee.
COMMISSIONER HALL: Beach Dudes.
COMMISSIONER McDANIEL: The Beach Dudes, Dudettes.
We have to be --we have to take --
CHAIRMAN LoCASTRO: County
someone send us a tasker so that we do
the crack? Can we have a spreadsh
MS. PATTERSON: Yes, s·
name of the study so that it does
things, so we'll get you the exact st
CHAIRMAN LoCA 0: An
just picking a random pers
target. I mean, they need to
they need to be
do your due di
name at the tip
to find d.
er, can you or
oesn't fall through
missing?
ou the exact
oes a lot of
--it's not
eople we want to
e and, you know,
So you've got to
ave an exact
r trees in your district
they
LakeT
. And they're poking around;
're ov in Immokalee doing a study on
rain that comes to the reservation.
berm and the emergency berm that we've got
going on. so coming in with information with regard
to the --the old t they had and cost feasibilities and so ons
and so forth, and I t to get ahead of all that so that --with the
community so that the information's being disseminated and we
get --we're in --we're in advance of what's being promoted.
MS. PATTERSON: Understood. We'll get you a --we'll get
you tasker on that one.
COMMISSIONER McDANIEL: We need to get consideration,
Page 245
March 28, 2023
give direction to staff to solicit for a deputy director of sports to be
headed up underneath the EDC --not the EDC. The TDC, forgive
me --the old EDC, the Economic Development Council --headed up
underneath the TDC.
Again, it's an enhancement of the Paradise Coast park and a
coordinating effort to help better coordinate sporting events that
are coming to our community.
COMMISSIONER SAUNDERS:
here on that one?
COMMISSIONER McDAN
COMMISSIONER SAUN
months ago, maybe even lon
Dan Rodriguez was wor
our sporting events wer
you know, if there s
COMMI
remember.
I jump in real quick
osition.
ake hat all of
he county so that,
e having --
Yes, sir, I
COMMIS Yeah --we wouldn't have it
·g event that the City of Naples
was ow put together. I don't know
what is, that m y already be something that's
kind o . Ro · uez there, by any chance?
CO cD NIEL: He is, by chance. And just
so you know, this out of the air. I remember that
discussion we h egard to that position, but it was suggested to
me that I bring it u an item under comments to nudge --to nudge
to make sure that we're going forward on that path.
MR. RODRIGUEZ: Thank you, Commissioner.
For the record, Dan Rodriguez, your Deputy County Manager.
Yeah, that position's created. It was placed on hold pending the
outcome of the sale. And during our last one-on-one with you,
Page 246
March 28, 2023
Commissioner McDaniel, you kind of gave us the nod to move out.
COMMISSIONER McDANIEL: Yeah. And if it --you know,
I'm not beginning and the end with regard to the decision-making as
to how we go on our transactions, but a nonbinding letter of intent is
never an issue to be making business decisions on, any transactions
that we have that are ongoing in the works, b iness operations.
So my vote is lift the hold, help us fi ebody, and I don't
want us to be making business decision upon some nebulous
letter of intent offer to purchase that' We've got one on
the Immokalee airport. We've g on my n ubject item that
I'm going to go to, so --and I ha eard that there e been
inklings of holding off on moving ss plans on
this premise of a sale. N
If we --if we --if we
viability of what we think w
and we hire a sp
we'll deal wit
hold off on mak:
I. I
some ti
co
to the economic
for our community
m anymore, then
But I don't want to
y the best that it can
r memory's a little better than
e, and 1 created --or set the position up
· ze it had been 18 months, so ...
D ERS: And there were several
people in the usiness that were working with
Mr. Rodriguez t p with a description of that position. So I
think that that's all lace. Quite frankly, I thought that had already
been filled, so I'm glad you brought it back, because I didn't realize it
was put on hold.
COMMISSIONER McDANIEL: I wasn't either. And just for
further direction, I don't want any of our business decisions being
made operationally around supposition of a nonbinding letter of
Page 247
March 28, 2023
intent. It's not a deal till it's a deal.
MR. RODRIGUEZ: Understood, Commissioners. And
Commissioner Saunders is correct. He actually started that
initiative. I think it was less than 18 months ago, but it was finalized
this past fall.
COMMISSIONER McDANIEL: Just
Commissioners Saunders, he winced whe
your timeline. He did want to say that
ou know,
as correcting you on
winced when he said
that.
MR. RODRIGUEZ: There
that.
COMMISSIONER SAUNDE
18 months. It may have
MR. RODRIGUEZ:
COMMISSIONER Mc
Last, but no
did receive a 1
that we called t
to pursue it --we
we loped the 4 7 acres
at' s the one where the 400
ut front. We got an acre of
e eloper --the developer of that
rest in uying that piece of property, and
ar --he hasn't said --I don't think --I
as anybody seen anything other than that
expression --
MS. PAT No.
COMMISSIO R McDANIEL: --of an interest?
So with direction from the Board, our staff can go forward and
bring that to a head, and then we can --it will ultimately come back
to us for a decision, but I just want to give direction to staff to pursue
that.
MR. FINN: Good to go.
Page 248
March 28, 2023
COMMISSIONER McDANIEL: Okay. And that will be all
from Commissioner McDaniel, maybe.
CHAIRMAN LoCASTRO: Commissioner Kowal.
COMMISSIONER KOWAL: I have nothing.
CHAIRMAN LoCASTRO: Okay. You don't need to come to
the podium, Mr. Finn, but, you know, I think · 's critical that we make
sure that we're not saying our going-in pos· is we don't want a
break in service in these fires stations, in fact, don't have a
break in service in these fire stations , you know, if it
looks like there's some sort of ana leaked on the
decision and there's an issue, I
immediately because that' cri ·
Having said that, I
marine stores. You kn
the Port of the Isl
regardless of
there. Yo
dev
an up
C
D
not going to
MR.ROD
the existing contra
e an update our
ut to expire, the store at
know, there again,
reak in service
y right now, and it's
Either Tanya or you, Dan,
re in the process of
t, so we could come back with
STR : I mean, do we feel confident we're
in service?
: We won't. Ifwe need to, we can extend
CHAIRMAN LoCASTRO: But --I mean, but the person might
not want it extended. They might feel shunned that they're not going
to get the contract, so they could actually walk out the door when the
contract expires, right? I mean, they could do that.
MR. RODRIGUEZ: They could do that, but we have a pretty
Page 249
March 28, 2023
good relationship with them.
CHAIRMAN LoCASTRO: Well, you won't ifwe don't renew
their contract. If they feel like we're going with a lower bidder or
somebody else or we think that, you know, they got too big of a piece
of pie, they could walk right out the door, you know. And similar
things can happen at the fire station as well. know it's not apples to
apples. But we just want to make sure o e two service lines we
don't have a break in service, because t tations and those
marine stores are servicing a lot of P.
What do you have to add, T
MS. WILLIAMS: Good a
Williams, Public Services de
As Deputy Count
working contingency p
for RFP. We rec ·
back out, and it
Your par
Caxambas still
ven
It is not
point in time,
a very close loo
we a tively
ct has gone back out
aled. We put it
g c · gency plans. With
been a huge draw for the
ave Caxambas down. It's
ile, ay impact our ability to get a
four rinas.
plans behind the scenes right now.
know, drop services, but there may be a
ith the fuel sales --you know, we're taking
CHAIRMAN CASTRO: Yeah. I mean, I'm really
concerned during season here if we did drop services. You've
got --you know, if the marina's full of boats, but we can't sell gas.
The marina's full of boats, people can't buy water, you know, that sort
of thing, so --okay.
COMMISSIONER McDANIEL: Can I ask you a quick
Page 250
March 28, 2023
question? On the contract --
CHAIRMAN LoCASTRO: Yeah.
COMMISSIONER McDANIEL: --are we giving credence to
individual bids for the individual marinas?
MS. WILLIAMS: That has been a thought process, too,
Commissioner McDaniel. That's an idea tha · s on the table
depending upon if we get any more respo
bid. If we don't see any further respon
those marinas up.
CHAIRMAN LoCASTRO:
advantageous to break them up,
off why they don't want all four; th
them aren't big moneyma you kn
COMMISSIONER L:
winners and losers.
the marinas?
en we reopened the
re prepared to break
t get scared
couple of
t sort of thin , so ...
icking and choosing
up for one bid for all
MS.WI
COMMIS I would question whether
than
when.
I was
from the Para
y take a look at that sooner
orked out, you know, way back
ention I met with some senior leadership
ports Complex, or they wanted to meet with
. So just, if you don't know already, they're
planning somethin ally big, you know, when --and really
multifaceted at the sports complex for Memorial Day.
And remember the difference between Memorial Day and
Veterans Day. Veterans Day is a celebration. Memorial Day is
much more solemn. And they know that. But it's going to be little
bit of everything. Memorial Day can also be an extremely patriotic
Page 251
March 28, 2023
day as well. It's just --you know, but it does have a different feel
than Veterans Day. But they have some good ideas.
One thing I just wanted to mention, and I mentioned it to them, I
have a lot of town hall meetings in neighborhoods that are around the
sports complex. A lot of people still don't even know it's there. I
open every town hall meeting saying, did yo ow the county built a
120-plus-million-dollar sports complex ca aradise Coast, raise
your hand. And I just had a --I just ha n hall meeting and had
over 200 people in it, and I think ei t up.
One of the things I men ti one team there
was --and we've talked about th fore. The na eally
doesn't --doesn't market that £ 11. We ing
concerts out there, car s 1se Sport
Complex. It sounds li
And granted · ·
football field t
things than f o
fireworks show.
So
have
like
make
we need to
ow, I think the
non-football
even that have heard of it but
me sort of just, you know,
k, you know, we're trying to
ore than that. So it's not something
COMM cDANIEL: What's your proposition?
Do you want to t?
CHAIRMAN CASTRO: Well, Paradise Coast
Entertainment Complex or something. I mean, I don't think it's
named properly. And, you know, when I talk with citizens, those
that have heard of it, like I said, they're like, oh, I never go out there
because that's where they play football and soccer. It's like, well,
they actually might be bringing --you know, they might be having a
Page 252
March 28, 2023
Beetles reunion there on Memorial Day or, you know, there's a lot of
other things that are being planned and, you know, it probably wasn't
named --I mean, and maybe in the early stages when, you know, we
had a whole different crew here, it was going to be this big sports
complex, and it is. But with the new contractor that we have, they
have a much bigger vision. And, really, the ings that are the --I
don't want to say the moneymakers, but th gs that aren't, you
know, big, huge losers at times are the bove and beyond the
sports stuff.
COMMISSIONER McDAN
thoughts are. My thoughts are
TDC meeting? Because a ai
ou what my
at the next
· dollars
that are spent are "Com
So it's pairing into the n
CHAIRMA C
It's not --you
know. But P
You know
com
espe
grou
be grea
co
answer from
together, and --
, p e that.
But let's --
e something close.
rom scratch, you
, the is very paradise-y.
ees and whatnot. But the sports
hat's confusing a lot of folks,
direction of, hey, that's
hings, 1ght? Yeah, I think that would
ad to say.
NIEL: I'll bring it up and get an
ell, and marketing folks, as to how it pairs
MR. ROD RI With the realignment of the sports
complex under the --Paul Beirnes with the TDC, he's actually
looking at that branding. So he and his group are already looking at
some ideas. You had mentioned that before, so ...
COMMISSIONER McDANIEL: You'll make a note to remind
me so that I do bring it up, please.
Page 253
March 28, 2023
CHAIRMAN LoCASTRO: I like their ideas for Memorial
Day. I'm helping them in a couple areas, too, to try to pull some
things in from some veteran contacts I have.
And then I'll just end it by saying, I really appreciate all the
commissioners and the staff, and even, you know, the citizens are all
gone. But if anybody is in the sound of my ice, you know, we had
a real professional detail-oriented discussi Bay on the healthcare
ordinance and the resolution, and that's they should go. You
know, whether people were on the p negative side or
what have you, I mean, everybod · onal. And what
I would say is, we're obviously ril 11th. So I
would just encourage all the comm to get tons
of emails from people. I sn't mea: o a each one.
You don't have to answer y does sort of their
own thing. But it behooves t the citizens are
saying so that w
more inf ormat ·
varied --varied
go1
disc
every
Ha
MS.
CHAI
e got, you know,
feel a certain way and, in the
here with that input, but that's
11th. But it was really great
it extra, and I appreciate
spe y that of our citizens.
thing else?
No, sir.
STRO: Okay. Adjourned. Thank you.
*****
****Commissioner McDaniel moved, seconded by Commissioner
Kowal, and carried that the following items under the consent and
summary agendas be approved and/ or adopted****
Page 254
March 28, 2023
Item #16Al
FINAL ACCEPTANCE AND ACCEPT THE CONVEYANCE OF
THE POT ABLE WATER AND SEWER UTILITY FACILITIES
FOR ARDENA, PL20210000845, AND AU ORIZE THE
COUNTY MANAGER, OR DESIGNEE, LEASE THE
FINAL OBLIGATION BOND IN TH L AMOUNT OF
$4 ,000 TO THE PROJECT ENGIN DEVELOPER'S
DESIGNATED AGENT.
Item #16A2
FINAL ACCEPTANCE
THE POTABLE T
FOR AZURE
PL20200002
ORDESIG
INT
EN
CONVEYANCE OF
TY FACILITIES
~ 3,
UNTY MANAGER,
FINAL OBLIGATION BOND
0 TO THE PROJECT
DESIGNATED AGENT.
FINAL A F THE POTABLE WATER AND
SEWER FA ND ACCEPT THE CONVEYANCE OF
THE POTABLE ER AND SEWER FACILITIES FOR
SOLUNA, PL20220006195.
Item #16A4
ACCEPTANCE OF THE POTABLE WATER UTILITY
Page 255
March 28, 2023
FACILITIES AND ACCEPT THE CONVEYANCE OF THE
WATER FACILITIES FOR TERRENO ATV ALENCIA GOLF
AND COUNTRY CLUB PHASE lA-1 (WATER ONLY),
PL20220008880.
Item #16A5
RESOLUTION 2023-50: A RESOLUT
ACCEPTANCE OF THE PRIVAT
DRAINAGE IMPROVEMENTS
PLAT DEDICATIONS, FORT
GOLF AND COUNTRY CLUB 0
COURT, APPLICATIO MBER
APPLICATION NUMBE 5000
AUTHORIZE THE RELEA: EM
SECURITY IN O 41
Item #16A6
OR FINAL
AND
CE OF THE
SPLANADE
TO
53 AND
P)AND
NANCE
RES ION FOR FINAL
AC IV A ROADWAY AND
DRAI M S, AND ACCEPTANCE OF THE
PLAT DE OR HE FINAL PLAT OF PRICE
STREET PL , AP !CATION NUMBER PL20170001084 (FP)
AND APPLIC~ UMBER PL20150000343 (SDP) AND
AUTHORIZE TH LEASE OF THE MAINTENANCE
SECURITY IN THE AMOUNT OF $105,488.61.
Item #16A7
AN AGREEMENT FOR THE PURCHASE OF PARCEL 101FEE
Page 256
March 28, 2023
REQUIRED FOR CONSTRUCTION OF THE VETERANS
MEMORIAL BOULEY ARD EXTENSION (PHASE 2), PROJECT
60198. ESTIMATED FISCAL IMPACT: $3,411,575. THE
SOURCE OF FUNDING IS IMPACT FEES AND/OR GAS TAXES
Item #16A8
SELECTION COMMITTEE'S RANK
STAFF TO BEGIN CONTRACT N
TOP FOUR RANKED FIRMS
PROFESSIONAL SERVICES('
CONTINUING SERVICES AGR
TRANSPORTATION E EERI
AGREEMENTS MAY B GHT
CONSIDERATION AT A EE
Item #16A9
DAUTHORIZE
NS WITH THE
UESTFOR
"CEI
T OSED
R THE BOARD'S
RESOL ION TO HOLD A PUBLIC
HE G TWO UNIMPROVED 30-
FO TS--WAY, DESCRIBED AS
A VEN REET, ACCORDING TO THE
COL-LE ES DIVISION PLAT, AS RECORDED
IN PLAT B E 32 OF THE PUBLIC RECORDS OF
COLLIER CO ORIDA. THE SUBJECT PROPERTY IS
LOCATED ONT OUTH SIDE OF U.S. 41 BETWEEN
FREDRICK STREET AND PALM STREET IN SECTION 11,
TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY,
FLORIDA. (PETITION V AC-PL20220000374)
Item #16A10
Page 257
March 28, 2023
THE EXPENDITURE OF TOURIST DEVELOPMENT TAX
FUNDING IN THE AMOUNT OF $300,000 FOR A PURCHASE
ORDER TO CROWDER-GULF JOINT VENTURE, INC. TO
PROVIDE REMOVAL OF MARINE DEBRIS AND OTHER
BIOLOGICAL DEBRIS ON THE BEACHE ND WATERWAYS
OF COLLIER COUNTY DUE TO RED , APPROVE ALL
NECESSARY BUDGET AMENDME ND MAKE A
FINDING THAT THIS ITEM PRO RISM. (PROJECT
NO. 90077
Item #16Al 1
THE COLLIER AREA
ENSURINGE U
REGARDT
AUTHORIZ
ADMINIST
THEC MUNITY
PROGRAM UPDATE
ON WITHOUT
ORIGIN AND
LTRANSIT
REDEVE EN AND THE BOARD OF COUNTY
COMMISSI IEW AND ACCEPT THE 2022 ANNUAL
REPORTS FO O COMMUNITY REDEVELOPMENT
COMPONENT A S: BA YSHORE GATEWAY TRIANGLE
AND IMMOKALEE AND PUBLISH THE REPORTS ON THE
APPROPRIATE WEBSITES.
Item #16Cl
Page 258
March 28, 2023
AW ARD INVITATION TO BID ("ITB") NO. 22 8088 23-8088
(PER AGENDA CHANGE SHEET), "COLLIER COUNTY
SHERIFF'S SPECIAL OPERATIONS BUILDING FLOORING
REPLACEMENT" PROJECT, TO WAYNE WILES
FLOORCOVERINGS, INC., IN THE AMOUNT OF $104,900,
AUTHORIZE THE CHAIRMAN TO SIGN E ATTACHED
AGREEMENT.
Item #16C2
A FIRST AMENDMENT TO
TETRA TECH, INC., F R "F
6188 WITH
ITORING
FOR DISASTER GEN
LAST RENEW AL T
THE FEE SCHE
2022, THRO
CHAIRMA
AW
SAFE
REPLAC
VENDOR,~
SYSTEMS, LL
AUTHORIZE TH
AGREEMENTS.
Item #16C4
X THE
2024, TO ADJUST
OF OCTOBER 4,
ETHE
DMENT.
BID TB") NO. 22-8034, "FIRE
P MAINTENANCE &
YN FIRE, LLC, AS THE PRIMARY
NAL SECURITY FIRE ALARM
E SECONDARY VENDOR, AND
AIRMAN TO SIGN THE ATTACHED
CHANGE ORDER NO. 15 TO COLLIER COUNTY SPORT
Page 259
March 28, 2023
COMPLEX PHASE 2.1 AND 2.2A UNDER THE SIXTH
AMENDMENT TO AGREEMENT NO. 17-7198 WITH
MANHATTAN CONSTRUCTION (FLORIDA), INC.,
RESULTING IN A NET REDUCTION IN THE AMOUNT OF
$142 028.01.
Item #16C5
TO 1) APPROVE THE ATTACH NT AND ACCESS
AND UTILITY EASEMENT , II, LLC,
ACCESS TO ITS PROPOSE TOWER
THROUGH PALM SPRIN AND
AUTHORIZE THE C TE SAM N
BEHALF OF THE B OMMISSIONERS; 2)
DIRECT THE C DESIGNEE, TO
RECORD TH NT IN THE
PUBLIC RE ORIDA; AND 3)
DIRECT S OPOSED
IMP AREPARTOFAND
INC c....::...=-=-== .=:-.c.--=-= L20210000655.
THE FIRST NT TO AGREEMENT NO. 15-6365
WITH CERES NMENTAL SERVICES, INC. FOR "FEMA
ACCEPTABLE D IS REMOVAL FOR DISASTER
GENERATED DEBRIS," TO ADJUST THE FEE SCHEDULE
RATES.
Item #16Dl
Page 260
March 28, 2023
AN AWARD FROM THE FLORIDA DEPARTMENT OF STATE
DIVISION OF HISTORICAL RESOURCES IN THE AMOUNT OF
$256,436 FOR RESTORATION OF THE HISTORIC COTTAGES
AT MAR-GOOD HARBOR PARK IN GOODLAND WITH A
REQUIRED ONE-TO-ONE MATCH AND TEN (10) YEAR
RESTRICTIVE COVENANTS, AUTHOR! THE CHAIRMAN
TO SIGN THE ATTACHED AGREEME D AUTHORIZE
THE NECESSARY BUDGET AMEN S. (PUBLIC
SERVICE GRANT FUND 709 AN RVICE MATCH
FUND 710
Item #16D2
THE CHAIRMAN TO
THE U.S. HOUS
EMERGENC
SUBRECIPI
COUNTY
SHE
y
PE
T AMENDMENTS TO
MENT
M
THE COLLIER
UNT OMMISSIONERS , THE
E CHILDREN, INC., AND
THE PERIOD OF
NTFUND705
IGN THE FIRST AMENDMENT TO THE
SUBRECIPIENT EMENT BETWEEN COLLIER COUNTY
AND PROJECT HELP, INC., UTILIZING U.S. HOUSING AND
URBAN DEVELOPMENT COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM FUNDING IN THE AMOUNT OF
$59,000. (HOUSING GRANT FUND 705)
Page 261
March 28, 2023
Item #16D4
AN "AFTER-THE-FACT" AGREEMENT WITH THE AREA
AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC.,
AMERICAN RESCUE PLAN ACT FUNDING UNDER THE
HOME-BASED COMMUNITY SERVICES NHANCED HOME
CARE FOR THE ELDERLY GRANT P M FOR THE
COLLIER COUNTY SERVICES FO RS PROGRAM AND
AUTHORIZE THE NECESSARY ENDMENT IN
THE AMOUNT OF $334,665.56 CE GRANT
FUND 707
Item #16D5
THECHAIRMA
ARESULTO
MEETING
REPAYM
RE
ST
FIS
ATISFACTION AS
TIVES, INC.,
FULL
UDGETAMENDMENTTO
M INCOME FOR THE
TNERSHIP PROGRAM
NT FUND 791 .
RVATION COLLIER RATTLESNAKE
HAMMOCK PRE VE FINAL MANAGEMENT PLAN UNDER
THE CONSERVATION COLLIER PROGRAM.
Item #16El
AN ASSUMPTION AGREEMENT ASSIGNING ALL RIGHTS,
Page 262
March 28, 2023
DUTIES, AND BENEFITS AND OBLIGATIONS TO
WEATHERPROOFING TECHNOLOGIES, INC., UNDER
AGREEMENT #18-7403, "INDOOR AIR QUALITY TESTING"
AND AUTHORIZE THE CHAIRMAN TO SIGN THE
ATTACHED AGREEMENT."
Item #16E2
AN ASSUMPTION AGREEMENT
DUTIES, AND BENEFITS AND
FILTERS INC., UNDER AGRE
FILTERS FOR WATER TREAT T P
LL RIGHTS,
CAROLINA
TRIDGE
AUTHORIZE THE CH AN TO AT ED
AGREEMENT.
Item #16E3
BUDGET AM EXECUTED
MEMO U ING (MOU) BETWEEN
COL EDICAL SERVICE (EMS)
AN AN RVICES DIVISION FOR THE
PUBLI ALTH ~ UCTURE PROJECT IN THE
AMOUN $1,700 0.00, OR THE PURCHASE OF
EQUIPMEN D IVERY COSTS OF UP TO FOUR NEW
AMBULANCE OUR LIGHT BODY TRUCKS UNDER
THE AMERICA SCUE PLAN ACT, LOCAL FISCAL
RECOVERY FUND, AND AUTHORIZE THE COUNTY
MANAGER OR DESIGNEE TO SIGN A LETTER OF INTENT
FOR A NON-BINDING RESERVATION THE PURCHASE OF
EQUIPMENT, PRODUCTS, OR SERVICES UNDER THIS MOU
Page 263
March 28, 2023
FOR ARP21-23, REPLACING SUBRECIPIENT AGREEMENT
ARP21-19.
Item #16E4
THE SALE AND DISPOSAL OF SURPLU
RESOLUTION 2013-095 VIA PUBLIC
2023; APPROVE THE ADDITION OF
SETS PER
N ON APRIL 22,
S ITEMS
OF THIS
D
RECEIVED SUBSEQUENT TO T
AGENDA ITEM FOR SALE IN
AUTHORIZE THE PROCURE
FOR COUNTY MANAGER, TO
ESIGNEE
FER OF
VEHICLE TITLES.
Item #16E5
THEADMIN
PROCUREME
COUN ISi
RE
PRO
PROC
PAYME
BEENINC
THE CONTRA
ASSOCIATED I
Item #16E6
DBYTHE
SION FOR VARIOUS
FACT PURCHASES
ACCORDANCE WITH
NCE 17-08 AND THE
S WELL AS, TO APPROVE THE
62 EXPENDITURES THAT HAVE
T WERE OUT OF COMPLIANCE WITH
PROCUREMENT REQUIREMENTS FOR
CES THAT HAVE NOT BEEN PAID.
THE ADMINISTRATIVE REPORT PREPARED BY THE
PROCUREMENT SERVICES DIVISION FOR DISPOSAL OF
Page 264
March 28, 2023
PROPERTY THAT IS NO LONGER VIABLE AND THEN
REMOVAL FROM THE COUNTY'S CAPITAL ASSET
RECORDS.
Item #16Fl
RESOLUTION 2023-53: A RESOLUTIO
AMENDMENTS (APPROPRIATING
CONTRIBUTIONS, OR INSURAN
FY22-23 ADOPTED BUDGET.
ROVING
DONATIONS,
S TOTHE
ENDMENTS
IEWED IN THE ATTACHED RESOLD
AND APPROVED BY THE BOA OF
COMMISSIONERS VI ARAT VE MARIES
Item #16F2
TOl)ACCE
EMERGEN
FIN
EM
PU
ME
CHAI
ANDS)
ANDAPPR
Item #16Hl
H ARD'S
ITY; 2) ACCEPT THE
THE BUREAU OF
S THE CERTIFICATE OF
ND CESSITY TO MEDTREK
T, .; 4) AUTHORIZES THE
UTE HE PERMIT AND CERTIFICATE;
DGET AMENDMENT TO RECOGNIZE
HE $250 APPLICATION FEE
RESOLUTION 2023-54: A RESOLUTION ESTABLISHING AN
EAST OF 951 AD HOC ADVISORY COMMITTEE
Page 265
March 28, 2023
Item #16Jl
TO RECORD IN THE MINUTES OF THE BOARD OF COUNTY
COMMISSIONERS, THE CHECK NUMBER (OR OTHER
PAYMENT METHOD), AMOUNT, PA YEE, AND PURPOSE FOR
WHICH THE REFERENCED DISBURSE NTS WERE DRAWN
FOR THE PERIODS BETWEEN MARC 023, AND MARCH
15 2023 PURSUANT TO FLORIDA TE 136.06.
Item #16J2
REQUESTTHATTHEB A
VALID PUBLIC PU
PURCHASING CA
2023
Item #16Kl -
-------
a Change Sheet)
RES
FORE
COMMI
PO TWO MEMBERS TO THE
& DRAINAGE ADVISORY
Item #17A
RESOLUTION 2023-56: A RESOLUTION APPROVING
AMENDMENTS (APPROPRIATING CARRY FORWARD,
TRANSFERS, AND SUPPLEMENTAL REVENUE) TO THE
FY22-23 ADOPTED BUDGET. (THE BUDGET AMENDMENTS
IN THE ATTACHED RESOLUTION HAVE BEEN REVIEWED
Page 266
March 28, 2023
AND APPROVED BY THE BOARD OF COUNTY
COMMISSIONERS VIA SEPARATE EXECUTIVE SUMMARIES)
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 5 :34 p.m.
ATTEST
CRYST
BOARD OF CO
BOARD OF ZO
OFFICIO GO
SPECIALD
MMISSIONERS
ALS/EX
(S) OF
S CONTROL
---------'
TRANSCRIPT PR !\RED ON BEHALF OF FORT MYERS
COURT REPORTING BY TERRIL. LEWIS, REGISTERED
PROFESSIONAL COURT REPORTER, FPR-C, AND NOTARY
PUBLIC.
Page 267