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BCC Minutes 01/09/2024January 9, 2024 Page 1 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, January 9, 2024 LET IT BE REMEMBERED that the Board of County Commissioners, in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following Board members present: Chairman: Rick LoCastro Chris Hall Dan Kowal William L. McDaniel, Jr. Burt L. Saunders ALSO PRESENT: Amy Patterson, County Manager Daniel Rodriguez, Deputy County Manager Jeffrey A. Klatzkow, County Attorney Crystal K. Kinzel, Clerk Troy Miller, Communications & Customer Relations Page 1 January 9, 2024 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 January 09, 2024 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 2 January 9, 2024 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 3 January 9, 2024 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 Commissioner Hall 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended (ex parte disclosure provided by commission members for consent agenda.) B. Recommendation that the Board authorize the new Chairs for both the Board of County Commissioners and the Community Redevelopment Agency to execute all documents approved at both this meeting and those documents which were previously approved but are pending signature. C. Recommendation that the Board appoint its members to the Community Redevelopment Agency, the Tourist Development Council, the Community and Economic Development Board, the Affordable Housing Advisory Committee, the Public Safety Coordinating Council, and the Southwest Florida Regional Planning Council. D. October 24, 2023 BCC Minutes E. December 12, 2023 BCC Minutes 3. AWARDS AND RECOGNITIONS A. EMPLOYEE B. ADVISORY BOARD MEMBERS C. RETIREES D. EMPLOYEE OF THE MONTH 4. PROCLAMATIONS Page 4 January 9, 2024 A. Proclamation designating January 15, 2024, as a day to remember and celebrate Rev. Dr. Martin Luther King Jr.'s dream. To be accepted by Vincent Keeys, President of the NAACP, and Diann Keeys, Parade Chair, and other distinguished guests. B. Proclamation designating January 2024 as Human Trafficking Awareness Month in Collier County. To be accepted by Linda Oberhaus, Chief Executive Officer, The Shelter for Abused Women & Children. C. Proclamation recognizing the contributions of Naples Botanical Garden and celebrating the Evenstad Horticulture Campus for its far-reaching impact on the Garden, Southwest Florida, and beyond. To be accepted by Britt Patterson-Weber, Vice President of Education & Interpretation. 5. PRESENTATIONS A. ARTIST OF THE MONTH 6. PUBLIC PETITIONS 7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA 8. BOARD OF ZONING APPEALS 9. ADVERTISED PUBLIC HEARINGS 10. BOARD OF COUNTY COMMISSIONERS 11. COUNTY MANAGER'S REPORT A. This item to be heard at 2:00 p.m. Recommendation to hear a presentation of the 2023 Collier County Community Assessment. (Amy Patterson, County Manager) (All Districts) B. Recommendation to approve an Agreement for Sale and Purchase with Andrew J. Kleinberger and Terrie R. Kleinberger as Trustee of the Andrew and Terrie Kleinberger Revocable Trust (the “Kleinberger Rev. Trust”) for two parcels totaling five acres under the Conservation Collier Land Acquisition Program at a cost not to exceed $106,500. (Jaime Cook, Page 5 January 9, 2024 Director, Development Review) (District 5) C. Recommendation to award Construction Invitation to Bid (“ITB”) No. 23- 8105, “Collier County Fire and EMS Station 74,” to Rycon Construction, Inc., in the amount of $9,464,456.00, authorize the Chairman to sign the attached Agreement, and approve the necessary Budget Amendments. (Tony Barone, Principal Project Manager, Facilities Management) (District 5) D. Recommendation to approve the attached proposed Facility License Agreement and Addendum between FC Naples USL, LLC, USL Pro-2, LLC, and PARA SFM, LLC, at the Paradise Coast Sports Complex. (Dan Rodriguez, Deputy County Manager) (All Districts) E. Recommendation to accept an update regarding the results of the Riviera Golf Estates straw poll survey distributed and tabulated by the Collier County Supervisor of Elections and provide direction on how to proceed. (Ed Finn, Deputy County Manager) (District 4) F. Recommendation to award Invitation to Bid (“ITB”) No. 23-8070RR, “Collier County Jail (Building J-1) Roof Replacement” project, to JR & CO., Inc., in the amount of $4,307,210, approve Owner’s Allowance of $326,000, authorize the Chairman to sign the attached agreement, and authorize a Budget Amendment in the amount of $752,441.70 within the County-Wide Capital Projects fund. (Project No. 50229). (John McCormick, Director, Facilities Management Division) (District 4) G. Recommendation to approve the Guaranteed Maximum Price (“GMP”) First Amendment to Agreement No. 21-7883-ST, Construction Management at Risk (“CMAR”) contract, with O-A-K/Florida, Inc., d/b/a Owen-Ames- Kimball Company, for construction services for the Main Campus Upgrades in the amount of $17,648,689.97, and authorize the Chairman to sign the attached amendment and approve the necessary Budget Amendments (Fund (3018), Project Nos. 50214, 50189 and 50184). (John McCormick, Director, Facilities Management Division) (District 4) 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS Page 6 January 9, 2024 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 ----------------------------------------------------------------------------------------------------------------------------------------- 16. CONSENT AGENDA - all matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the board, that item(s) will be removed from the consent agenda and considered separately. ------------------------------------------------------------------------------------------------------------ A. GROWTH MANAGEMENT DEPARTMENT 1) Recommendation to approve the release of a code enforcement lien with an accrued value of $289,600 by approving a reduction of fines in the amount of $266,768 and accepting payment of $22,832 in the code enforcement action titled Board of County Commissioners v. Robert Arnold, in Special Magistrate Case Nos. CEV20200002189 and CESD20200002191 related to the property located at 5442 29th PL SW. (District 3) 2) Recommendation to accept the staff summary for the 2024 Southwest Florida Coastal Flood Study (SWFL-CF) edition of the Federal Emergency Management Agency (FEMA) Digital Flood Insurance Rate Map (DFIRM) for Collier County. (District 1, District 2, District 4) Page 7 January 9, 2024 3) Recommendation to authorize staff to submit an application to the Florida Fish and Wildlife Conservation Commission to be eligible to receive funding assistance services worth $35,000 in FY 2025 for wetland restoration within the Conservation Collier Pepper Ranch Preserve and to authorize staff to accept such funding assistance services, if awarded. (All Districts) 4) Recommendation to approve the Conservation Collier Caracara Prairie Preserve Conservation Bank Habitat Management Plan 10- Year Update under the Conservation Collier Program. (All Districts) 5) Recommendation to authorize the County Manager, or designee, to release the Utilities Performance Security (UPS) in the amount of $36,985 to the Project Engineer or Developer’s designated agent for Encompass Health Rehabilitation Hospital of Naples, PL20220003017. (District 3) 6) Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $513,971, which was posted as a guarantee for Excavation Permit Number PL20210000187 and PL20210001212 for work associated with Valencia Trails Naples and Valencia Trails - Plat Three. (District 3) 7) Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $184,346, which was posted as a guarantee for Excavation Permit Number PL20210001927 for work associated with Valencia Trails Naples Lakes 19, 20, & 21. (District 3) 8) Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $59,880, which was posted as a guarantee for Excavation Permit Number PL20220000406 for work associated with Palisades. (District 2) 9) Recommendation to approve final acceptance of the potable water and sewer utility facilities and accept the conveyance of a portion of the potable water and sewer facilities and appurtenant utility easement for Ekos on Santa Barbara, PL20230011208. (District 1) 10) This item requires that Commission members provide ex-parte Page 8 January 9, 2024 disclosure. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Esplanade at Rivergrass - Phase 1 (Application Number PL20220005479), approval of the standard form Construction and Maintenance Agreement, and approval of the performance security in the amount of $18,535,108.54. (District 5) 11) Recommendation to approve final acceptance of the potable water and sewer utility facilities for Rattlesnake Hammock Self Storage - Phase 2, PL20230015805. (District 1) 12) Recommendation to approve final acceptance of the potable water and sewer utility facilities for SkySail Amenity Center, PL20230009260. (District 5) 13) 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 Soluna, Application Number PL20210000514, and authorize the release of the maintenance security in the amount of $2,700,983.78. (District 3) 14) Recommendation to approve final acceptance of the potable water utility facilities and accept the conveyance of a portion of the potable water facilities and appurtenant utility easement for Vanderbilt Way Apartments, PL20230001658. (District 3) 15) Recommendation to adopt a resolution waiving the optional local public hearing relating to the petition to establish the Tranquility Lakes Community Development District pursuant to Sections 190.005(1), Florida Statutes. (District 5) 16) Recommendation to approve staff enhancements to the application and review process for the Workforce Housing Land Acquisition portion of the voter-approved Local Government Infrastructure One- Cent Sales Surtax. (All Districts) B. TRANSPORTATION MANAGEMENT DEPARTMENT 1) Recommendation to approve an Agreement for the purchase of a drainage easement (Parcel 150DE) required for the West Goodlette- Page 9 January 9, 2024 Frank Road Area Stormwater Improvement Project Phase 2; and authorize necessary Budget Amendment (Project No. 60142). (Estimated Fiscal Impact: $20,900.) (District 4) 2) Recommendation to approve an Agreement for the purchase of a drainage easement (Parcel 149DE) required for the West Goodlette- Frank Road Area Stormwater Improvement Project Phase 2; and authorize the necessary Budget Amendment. (Project No. 60142). (Estimated Fiscal Impact: $44,400.) (District 4) 3) Recommendation to approve an Agreement for the purchase of a drainage easement (Parcel 138DE) required for the West Goodlette- Frank Road Area Stormwater Improvement Project Phase 2; and authorize necessary Budget Amendment (Project No. 60142). (Estimated Fiscal Impact: $29,050.) (District 4) 4) Recommendation to award Invitation to Bid (“ITB”) No. 23-8170, “Motorola Irrigation Central Control System Parts and Services,” to Contemporary Controls & Communications, Inc., and authorize the Chairman to sign the attached agreement. (All Districts) 5) Recommendation to adopt a resolution approving and authorizing the Chairman to execute the Public Transit Grant Agreement (PTGA) 451893-1-94-22 with the Florida Department of Transportation to accept Federal Transit Administration Section 5311 Rural Area Program in the amount of $575,000 for the purchase of a replacement bus and authorize the necessary Budget Amendments. (District 5) 6) Recommendation to approve and execute a Transportation Regional Incentive Program (TRIP)/ County Incentive Grant Program (CIGP) State-Funded Grant Agreement with the Florida Department of Transportation (FDOT) reimbursing the County up to $2,500,000 for the design of the Immokalee Road at Livingston Road Improvements, and authorize the necessary Budget Amendments; FPN 452248-1-34- 01/02. (Project No. 60268, Funds 1841 and 1842). (District 2) 7) Recommendation that the Board accept the Immokalee Transportation Network Plan that identifies opportunities to improve the transportation network in Immokalee. (District 5) Page 10 January 9, 2024 8) Recommendation to approve the Fifth Amended and Restated Interlocal Agreement for the Southwest Florida Job Training Consortium. (All Districts) 9) Recommendation to (1) approve an after-the-fact payment for materials under Change Order #1 in the amount of $15,378.20 obtained prior to proper approval, to MasTec North America, Inc. under the expired construction agreement No. 20-7791 “Vanderbilt Drive Underground Utility Conversion Phase 4” project, (2) approve an after-the-fact payment for materials under Work Directive #1 in the amount of $25,959.63, obtained prior to proper approval, to MasTec North America, Inc. under the expired construction agreement No. 20- 7791 “Vanderbilt Drive Underground Utility Conversion Phase 4” project, (3) waive the Procurement Ordinance requirement to execute change order for the use of owner’s allowance for materials authorized under Work Directive #2, (4) approve an after-the-fact payment for materials under Work Directive #2 in the amount of $12,064.46 to be paid out of owner’s allowance, (5) deem that these expenditures have a valid public purpose; and (6) waive the liquidated damages in the amount of $84,500. C. PUBLIC UTILITIES DEPARTMENT 1) Recommendation to waive liquidated damages in the amount of $692,640, and authorize payment of Pay Application No. 4 pertaining to Agreement No. 14-6213 for the “South County Regional Water Treatment Plant Chlorine Storage Building Improvements” project with Douglas N. Higgins, Inc. (Project No. 70136) (All Districts) D. PUBLIC SERVICES DEPARTMENT 1) Recommendation to accept the AmeriCorps September 11th National Day of Service and Remembrance grant award in the amount of $196,561 and a local contribution in the amount of $10,953 through in-kind and local funds and allow the County Manager or their designee to serve as the authorized representative for the grantor electronic submission system, eGrants, throughout the grant award period, and authorize the necessary Budget Amendments. (Housing Grant Fund 1835 and Community & Human Services Grant Support Page 11 January 9, 2024 Fund 1806) (All Districts) 2) Recommendation to approve an after-the-fact payment for two (2) invoices in the total amount of $2,782.89 to Tate Transport Corporation for sand hauling for parks athletic fields ordered and received by Parks and Recreation Division in June 2023. (All Districts) 3) Recommendation to approve and authorize the Chairman to sign a Landlord Payment Agreement between Collier County and Ariadna Barbe-Villa, allowing the Community and Human Services Division (CHS) to administer the Rapid Re-Housing and Homelessness Prevention Program through the Emergency Solutions and Rapid Unsheltered Survivor Housing Grants Program. (All Districts) 4) Recommendation to approve and authorize the Chairman to sign a Landlord Payment Agreement between Collier County and G. Azar Electric, Inc., allowing the Community and Human Services Division (CHS) to administer the Rapid Re-Housing and Homelessness Prevention Program through the Emergency Solutions and Rapid Unsheltered Survivor Housing (RUSH) Grants Program. (All Districts) 5) Recommendation to approve and authorize the Chairman to sign a Landlord Payment Agreement between Collier County and Jantina Hanna, allowing the Community and Human Services Division (CHS) to administer the Rapid Re-Housing and Homelessness Prevention Program through the Emergency Solutions and Rapid Unsheltered Survivor Housing Grants Program. (All Districts) 6) Recommendation to approve and authorize the Chairman to sign a Landlord Payment Agreement between Collier County and Hiran Vivek, allowing the Community and Human Services Division (CHS) to administer the Rapid Re-Housing and Homelessness Prevention Program through the Emergency Solutions and Rapid Unsheltered Survivor Housing Grants Program. (All Districts) 7) Recommendation to approve an after-the-fact First Amendment with the Area Agency on Aging for Southwest Florida, Inc., American Rescue Plan Act funding under the Older Americans Act grant Page 12 January 9, 2024 program for the Collier County Services for Seniors Program to revise the Service Rate Report (Attachment XIV). (Human Services Grant Fund 1837) (All Districts) E. CORPORATE BUSINESS OPERATIONS 1) Recommendation to approve an Assumption Agreement assigning all rights, duties, benefits, and obligations under Agreement #18-7432- SM, Professional Services Library Survey and Mapping Category, from Dagostino Geospatial, Inc., d/b/a Dagostino & Wood, Inc., to Causseaux, Hewett & Walpole, Inc., d/b/a CHW. (All Districts) 2) Recommendation to 1) approve the administrative report prepared by the Procurement Services Division for disposal of property that is no longer viable, 2) remove capital assets from the County’s records, and 3) recognize revenue generated from auction. (All Districts) 3) Recommendation to approve a Second Amendment to Agreement No. 19-072-NS with Hyland Software, Inc., the provider of the County’s Enterprise Content Management System, in the amount of $68,220 to install and configure an upgrade to the Hyland software, and to authorize the Chairman to sign the attached amendment. (All Districts) F. COUNTY MANAGER OPERATIONS 1) Recommendation to adopt a Resolution approving amendment (appropriating grants, donations, contributions, or insurance proceeds) to the Fiscal Year 2023-24 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) 2) Recommendation to authorize the County Manager, as authorized agent, to execute a Federally Funded Subaward and Grant Agreement through the Florida Division of Emergency Management for reimbursement of expenditures associated with preparation for and recovery from Hurricane Idalia. (All Districts) 3) Recommendation to approve the expenditure of the Tourism Page 13 January 9, 2024 4) Development Tax Promotion funds to support the November 2023 Doral Gold Cup event up to $12,000; to waive any irregularities in the process for items including lack of written approval, pre-approval or TDC and Board approval; and make a finding that these expenditures promote tourism. (All Districts) 5) Recommendation to approve the expenditure of the Tourism Development Tax Promotion funds to support the October 2023 Advertising World Series Event, up to $5,000, to waive any irregularities in the process for items, including lack of written approval, pre-approval or TDC and Board approval; and make a finding that these expenditures promote tourism. (All Districts) 6) Recommendation to approve 1) Change Order No. 5 under Agreement No. 20-7680 for the Pelican Bay Sidewalk Improvement Design with Agnoli, Barber & Brundage, Inc., to add the amount of $94,816.00 for additional engineering services to revise the original designs and perform contract administration services during Phase 2 construction, 2) authorize the Chairman to sign the attached change order, and 3) approve the necessary Budget Amendment. (Project No. 50178) (District 2) 7) This item continued from the December 12, 2023, BCC Meeting. Recommendation to establish a policy for leasing a County-owned mobile home at the Paradise Coast Sports Complex to law enforcement officers for greater onsite law enforcement presence, adopt a standard lease template, and authorize the County Manager or their designee to execute such leases. (District 3) 8) Recommendation to award Invitation to Bid (“ITB”) No. 22-8005, “Janitorial Services,” Zones 1, 3 & 4 to: High Sources Inc., as Primary Vendor, and 3H & 3H, Inc., as Secondary Vendor; and ITB No. 22- 8005S, “Janitorial Services Supplemental,” Zone 2 to: American Facility Services, Inc., as Primary Vendor, and High Sources Inc., as Secondary Vendor, for County-Wide janitorial cleaning services and authorize the Chairman to sign the attached Agreements. (All Districts) 9) Recommendation to award Invitation to Bid (“ITB”) No. 23-8169, Painting and Pressure Washing Services, to Florida Service Painting, Page 14 January 9, 2024 Inc., d/b/a Service Contracting Solutions, and authorize the Chairman to sign the attached agreement. (All Districts) 10) Recommendation to approve administratively approved Change Order No. 11, providing for a 180-day extension under Agreement No. 16- 6622, “Big Corkscrew Island Regional Park,” with Q. Grady Minor & Associates, P.A., and authorize the Chairman to sign the attached change order. (Project No. 80039) (District 5) 11) Recommendation to approve and authorize the Chairman to execute the Second Extension and Amendment to the Sponsorship Agreement between Collier County and Spirit Promotions for the 2025-2029 U.S. Open Pickleball Championships and make a finding that this item promotes tourism. (All Districts) 12) Recommendation to authorize expenditures exceeding the $50,000 competitive threshold, under an Exemption from the Competitive Process, through fiscal year 2027, for Braxton College to provide EMS supervised skill training and experience to students enrolling in Emergency Medical Services Technology Programs. (All Districts) G. AIRPORT AUTHORITY H. BOARD OF COUNTY COMMISSIONERS 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 in the amount of $29,973,244.55 were drawn for the periods between November 30, 2023 and December 13, 2023 pursuant to Florida Statute 136.06. (All Districts) 2) 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 in the amount of $46,469,660.77 were drawn for the periods between December 14, Page 15 January 9, 2024 2023 and December 27, 2023 pursuant to Florida Statute 136.06. (All Districts) 3) Request that the Board approve and determine valid public purpose for invoices payable and purchasing card transactions as of December 20, 2023. (All Districts) 4) Request that the Board approve and determine valid public purpose for invoices payable and purchasing card transactions as of January 3, 2024. (All Districts) 5) Report to the Board regarding the investment of County funds as of the quarter ended September 30, 2023. (All Districts) K. COUNTY ATTORNEY 1) Recommendation to appoint 2 members to the Golden Gate Community Center Advisory Board. (District 3) 2) Recommendation to reappoint 3 members to the Housing Finance Authority. (All Districts) 3) Recommendation to authorize the County Attorney to file a lawsuit on behalf of the Collier County Board of County Commissioners, for its Emergency Medical Services Department, against Matthew Ray Brennan, as the Personal Representative of the Estate of Judith L. Jacobson, in County small claims court to recover an objected-to ambulance bill totaling $1,070, plus attorney’s fees and costs of litigation. (All Districts) 4) Recommendation to approve and authorize the Chairman to execute the First Amendment to Agreement for Legal Services relating to the County’s Retention Agreement with Boy Agnew Potanovic Miller, PLLC, extending the expiration date to January 9, 2026 with three one-year renewals and increasing the law firm’s hourly rates. There is no new fiscal impact associated with this Amendment. (All Districts) 5) Recommendation to reappoint two members to the Ochopee Fire District Advisory Committee. (District 5) Page 16 January 9, 2024 L. COMMUNITY REDEVELOPMENT AGENCY ------------------------------------------------------------------------------------------------------------ 17. SUMMARY AGENDA - this section is for advertised public hearings and must meet the following criteria: 1) a recommendation for approval from staff; 2) unanimous recommendation for approval by the collier county planning commission or other authorizing agencies of all members present and voting; 3) no written or oral objections to the item received by staff, the collier county planning commission, other authorizing agencies or the board, prior to the commencement of the bcc meeting on which the items are scheduled to be heard; and 4) no individuals are registered to speak in opposition to the item. For those items which are quasi-judicial in nature, all participants must be sworn in. ------------------------------------------------------------------------------------------------------------ A. This item requires that Commission members provide ex-parte disclosure. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve Petition VAC- PL20220006722, to disclaim, renounce, and vacate the County and the public interest in the northern 30 feet of the easterly 140 feet of Coconut River, located along the southerly border of Lot 27 of Coconut River Unit No. 1, according to the plat thereof as recorded in Plat Book 3, Page 58, of the Public Records of Collier County, Florida, located at 1480 Airport- Pulling Road North, Naples, FL 34104, at the southwest quadrant of Airport- Pulling Road North and Longboat Drive, in Section 35, Township 49 South, Range 25 East, Collier County, Florida, and to accept Petitioner’s grant of replacement easements. (District 4) B. This item requires that Commission members provide ex-parte disclosure. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve a rezoning Ordinance for the 12425 Union Road RPUD to allow up to 109 residential dwelling units on 51.5± acres of property located in Port of the Islands, approximately ½ mile north of Tamiami Trail East (US 41) at 12400 and 12425 Union Road, in Section 4, Township 52, Range 28, Collier County, Florida. (PL20220004175) (District 1) 18. ADJOURN Page 17 January 9, 2024 INQUIRIES CONCERNING CHANGES TO THE BOARD’S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER’S OFFICE AT 252-8383. January 9, 2024 Page 2 MS. PATTERSON: Good morning, Commissioners. You have a live mic. CHAIRMAN LoCASTRO: Good morning, everybody. AUDIENCE MEMBERS: Good morning. CHAIRMAN LoCASTRO: How are you doing? Welcome to Commissioner Hall's father sitting right there. Row 1, Seat 1. You can't get any better than that. It's VIP seating. That's it. It's VIP seating. (Applause.) CHAIRMAN LoCASTRO: You never thought this kid was going to turn out to much, did you? If you want to come up and tell us a little bit about his childhood, we'd like to hear a little bit more about it. All right. County Manager, what's next? MS. PATTERSON: Well, welcome to the January 9th, 2024, Board of County Commissioners meeting. We're going to begin with the invocation led by Commissioner Hall and then the Pledge of Allegiance led by Colonel James A. Hall. CHAIRMAN LoCASTRO: Excellent. Item #1A INVOCATION BY COMMISSIONER HALL - INVOCATION GIVEN COMMISSIONER HALL: Let's bring this new year in right. Father, we just thank you, Lord, for your presence. We thank you for your goodness. We thank you, God, we acknowledge you as omnipotent, all powerful, your omniscience, January 9, 2024 Page 3 you're all-knowing. And you're omnipresent, Father; you're everywhere. I thank you, God, as we begin this meeting and we begin this year as the Commission, we yield to you, Father, because we trust in you. God, you said to ask for wisdom, and you wouldn't hold it back, so we're asking for wisdom to make the decisions that we have to make. You said if we would steward well what are other peoples, that we would have our own, so we thank you, Father, that we can have stewardship and that we can exercise it as you would have us. We thank you for your covenant, God, with the Jewish people and now the Gentiles; that we're the leaders and not the followers; that Collier County is above and not beneath; that Collier County is blessed in the city, blessed in the field. God, you said everything that we lay our hand to would prosper. We thank you for that. Lord, you said that no weapon that's ever formed against us would prosper and that every tongue that rose against us in judgment, we could condemn those words as your children. So I thank you, Father, for every commissioner up here, that this -- this scripture, Father, is alive and well. We thank you, God, that if you're for us, who can be against us. And, God, we just -- we ask for your guidance, your perseverance, and your protection over us. We thank you, Father, that you said that you would perfect everything that concerns us and, God, that if we acknowledged you in all of our ways, you would direct our paths. So we welcome you here today and for this year, in 2024, in Jesus' name. Amen. (The Pledge of Allegiance was recited in unison.) COMMISSIONER McDANIEL: I make a lot better door January 9, 2024 Page 4 than I do a window. Item #2A 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 MS. PATTERSON: Commissioners, we'll begin with agenda changes for the January 9th, 2024, BCC meeting. We have several. First, move Item 16F6 to Item 11H. This item was continued from the December 12th, 2023, Board meeting. This is a recommendation to establish a policy for leasing a county-owned mobile home at the Paradise Coast Sports Complex to law enforcement officers for greater on-site law enforcement presence, adopt a standard lease template, and authorize the County Manager or their designee to execute such leases. This item is moved to the regular agenda at Commissioner McDaniel's request. Move Item 16F9 to Item 11I. This is a recommendation to approve -- administratively approve Change Order No. 11 providing for a 180-day extension under Agreement No. 16-6622, Big Corkscrew Island Regional Park, with Q. Grady Minor & Associates, P.A., and authorize the Chairman to sign the attached change order. This is moved at Commissioner McDaniel's January 9, 2024 Page 5 request. Move Item 16F3 to Item 11J. This is a recommendation to approve the expenditure of the Tourist Development Tax Promotion funds to support the November 2023 Doral Gold Cup event up to $12,000, to waive any irregularities in the process for items, including lack of written approval, pre-approval, or TDC and Board approval, and make a finding that these expenditures promote tourism. This is being moved at Commissioner Hall's request. Move Item 16F4 to Item 11K. This is a recommendation to approve the expenditure of the Tourism Development Tax Promotion funds to support the October 2023 Advertising World Series Event up to $5,000, to waive any irregularities in the process for items, including lack of written approval, pre-approval, or TDC and Board approval, and make a finding that these expenditures promote tourism. This is being moved at Commissioner Hall's request. And, finally, move Item 16F10 to Item 11L. This is a recommendation to approve and authorize the Chairman to execute the second extension and amendment to the sponsorship agreement between Collier County and Spirit Promotions for the 2025 through 2029 U.S. Open Pickleball Championships and make a finding that this item promotes tourism. This is being moved at Commissioner Hall's request. We have time -- a time-certain item, which is 11A, to be heard at 2 p.m. This is a presentation of the 2023 Collier County Community Assessment. And, finally, as we move through the agenda, I may ask your indulgence to bring 11C a little bit out of sequence. We have some first responders here that are in the audience, and this is relative to the EMS Station 74 construction. So as we move January 9, 2024 Page 6 along, we may ask to bring that one up on the agenda a little bit. With that, we have court reporter breaks scheduled for 10:30 and 2:50. I'll look over to the County Attorney for any additional changes. MR. KLATZKOW: No additional changes. Thank you. MS. PATTERSON: And to you, Chair, to begin additional changes to the agenda as well as ex parte on the consent and summary agendas. CHAIRMAN LoCASTRO: Okay. Do I have a motion to approve today's -- I'm sorry. Go ahead, ma'am. MS. PATTERSON: We need each of the commissioners for their summary -- for their ex parte or any further changes. CHAIRMAN LoCASTRO: Okay. Commissioner Kowal. COMMISSIONER KOWAL: Pulling them up. I have no -- nothing to claim on ex parte. Sorry. CHAIRMAN LoCASTRO: Commissioner Saunders. COMMISSIONER SAUNDERS: Mr. Chairman, I don't have any ex parte on the consent agenda. I do have one item I'd like to add to the agenda. And I apologize to the Board for bringing this up this morning, but I learned about it last night, and I think it's important that we discuss this. I was advised at a homeowners meeting that our buses -- our bus drivers have the ability to change the lights. If they're behind schedule, they can take a red light and turn it to a green light and, apparently, that has caused multiple accidents. So I'd like to add to the agenda at least a discussion of that so either -- I see Trinity is getting ready to jump up. But I'd like to have a discussion of that just to make sure that we're not creating a problem, because I was advised last night that folks have actually seen accidents when the lights change in the way January 9, 2024 Page 7 they're doing that. MS. PATTERSON: We can add that discussion, Commissioner, either under Item 10, Board of County Commissioners, or at the end, under staff updates, whichever you prefer. COMMISSIONER SAUNDERS: It makes no difference to me. MS. PATTERSON: Okay. COMMISSIONER SAUNDERS: So staff will have enough time to prepare, whenever you want to bring it up. MS. PATTERSON: Absolutely. CHAIRMAN LoCASTRO: Anything else, sir? COMMISSIONER SAUNDERS: No, sir. CHAIRMAN LoCASTRO: Okay. Commissioner McDaniel. COMMISSIONER McDANIEL: Good morning. CHAIRMAN LoCASTRO: Good morning, sir. COMMISSIONER McDANIEL: No changes, no ex parte. CHAIRMAN LoCASTRO: Okay. COMMISIONER HALL: No changes or ex parte for me either. CHAIRMAN LoCASTRO: Okay. And I have no changes or ex parte either. MS. PATTERSON: All right. If we could get a motion for the agenda as amended, please. COMMISSIONER McDANIEL: So moved. COMMISSIONER KOWAL: Second. CHAIRMAN LoCASTRO: Okay. I've got a motion by Commissioner McDaniel, second by Commissioner Kowal. All in favor? COMMISSIONER McDANIEL: Aye. January 9, 2024 Page 8 COMMISSIONER HALL: Aye. CHAIRMAN LoCASTRO: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN LoCASTRO: Opposed? (No response.) CHAIRMAN LoCASTRO: It passes unanimously. SEE REVERSE SIDE Proposed Agenda Changes Board of County Commissioners Meeting January 9, 2024 Move Item 16F6 to Item 11H: *** This item continued from the December 12, 2023, BCC Meeting. *** Recommendation to establish a policy for leasing a County‐owned mobile home at the Paradise Coast Sports Complex to law enforcement officers for greater onsite law enforcement presence, adopt a standard lease template, and authorize the County Manager or their designee to execute such leases. (Commissioner McDaniel’s Request) Move Item 16F9 to Item 11I: Recommendation to approve administratively approved Change Order No. 11, providing for a 180‐day extension under Agreement No. 16‐6622, “Big Corkscrew Island Regional Park,” with Q. Grady Minor & Associates, P.A., and authorize the Chairman to sign the attached change order. (Project No. 80039) (Commissioner McDaniel’s Request) Move Item 16F3 to Item 11J: Recommendation to approve the expenditure of the Tourism Development Tax Promotion funds to support the November 2023 Doral Gold Cup event up to $12,000; to waive any irregularities in the process for items including lack of written approval, pre‐approval or TDC and Board approval; and make a finding that these expenditures promote tourism. (Commissioner Hall’s Request) Move Item 16F4 to Item 11K: Recommendation to approve the expenditure of the Tourism Development Tax Promotion funds to support the October 2023 Advertising World Series Event, up to $5,000, to waive any irregularities in the process for items, including lack of written approval, pre‐approval or TDC and Board approval; and make a finding that these expenditures promote tourism. (Commissioner Hall’s Request) Move Item 16F10 to Item 11L: Recommendation to approve and authorize the Chairman to execute the Second Extension and Amendment to the Sponsorship Agreement between Collier County and Spirit Promotions for the 2025‐2029 U.S. Open Pickleball Championships and make a finding that this item promotes tourism. (Commissioner Hall’s Request) Notes: TIME CERTAIN ITEMS: Item 11A to be heard at 2 PM: Presentation of the 2023 Collier County Community Assessment. 2/15/2024 4:04 PM January 9, 2024 Page 9 Item #2B AUTHORIZING THE NEW CHAIRS FOR BOTH THE BOARD OF COUNTY COMMISSIONERS AND THE COMMUNITY REDEVELOPMENT AGENCY TO EXECUTE ALL DOCUMENTS APPROVED AT BOTH THIS MEETING AND THOSE DOCUMENTS WHICH WERE PREVIOUSLY APPROVED BUT ARE PENDING SIGNATURE.MOTION TO APPOINT COMMISSIONER HALL AS BCC CHAIRMAN BY COMMISSIONER KOWAL; SECONDED BY COMMISSIONER MCDANIEL – APPROVED; MOTION TO APPOINT COMMISSIONER SAUNDERS AS BCC VICE-CHAIR BY COMMISSIONER KOWAL; SECONDED BY COMMISSIONER HALL – APPROVED MS. PATTERSON: All right. That brings us to Item 2B. This is a recommendation that the Board authorize the new chairs for both the Board of County Commissioners and the Community Redevelopment Agency to execute all documents approved at both this meeting and those documents which were previously approved but are pending signature. And I know we have a number of steps that we are going to go through here to do a changing of the Chair. CHAIRMAN LoCASTRO: Okay. MS. PATTERSON: So we're going to begin with you, Chair, with your remarks about your chairmanship. CHAIRMAN LoCASTRO: Okay. I mean, I just -- keep it short and sweet. We all get a chance to be chairman, so it's not like in Washington, D.C., where they argue about it for six months, and they pick 12 different people, and then they all quit and somebody new comes in. We have a much more January 9, 2024 Page 10 professional process here. So District 1, District 2, District 3, 4, 5, we all take a turn perfectly in order. So I'll be proud to hand the gavel to my colleague, Commissioner Hall, and it goes down the line every 12 months. I'll just say time really flies. You know, I feel like it was yesterday that Commissioner McDaniel was handing me the gavel, you know, District 5 to District 1. I've been privileged to be in the seat. You do learn -- and for Commissioner Hall's, you know, thoughts and knowledge -- which he already knows -- you do get a chance to do a little bit of a deeper dive with the staff to prepare for this meeting. So, you know, in closing, I just want to say -- I really want to thank the staff for how much they were accessible and helped me do deeper dives and make sure these meetings were as professional and as informative as possible. And then there's people behind the scenes that sort of work every day but maybe they don't know -- you don't know their names or -- you know, but they're just as exhausted as us at the end of a, you know, 12-hour meeting. And that's Terri Lewis right here, who is our court reporter and, you know, she loathes the day that an Italian is one of the commissioners because I talk too fast. So I'm sure the transcript, you know, it's all discombobulated every time I speak. You know, it's every third word. But Troy Miller, who just does a great job with phone calls and the Zoom calls and trying to keep all the petitions [sic]. And sometimes, unless you're in this chair, as Commissioner Hall will see, even just moving a few feet over, you get a different perspective to, like, how much behind-the-scene stuff happens. Aimee, who's on the other side of this wall, who does a great January 9, 2024 Page 11 job with all of our different awards and, you know, people that are asking for, you know, Business of the Month and all those things. I mean, she's a real big behind-the-scenes person. And then to Ms. Patterson, Mr. Rodriguez, and Mr. Finn, you know, our senior leadership at the County Manager Office, just, there again, thank you so much for all the time and, you know, the phone calls and things like that to make sure that I'm fully up to speed. And to our senior staff in the back that are representing a whole bunch of people that aren't here, you know, I really appreciate all the time that you took to make sure I had everything I needed. And last, but certainly not least, the person I actually want to thank the most is my executive assistant, Aixa Capizza. The five assistants that are on the other side of this wall are really the sort of unsung heroes. They do an awful lot. They're not secretaries. They don't just answer phones and, you know, do little menial things. They don't do any of that. Instead, you know, they're on the front lines, they're getting emails from people that aren't necessarily always happy. And I know my personal executive assistant is -- I look at it as -- that we're both a really tight team. And when you get this job, there are some extra responsibilities that go with it, so both of you sort of get to be chairman as a team. So I hope she's in the back, you know, hearing me. But, Aixa, thank you so much for, you know, your countless hours and your loyalty and your dedication. And I think we did a pretty good job over these 12 months. I'm really proud of what we did. And also to my colleagues here, just for your professionalism and your support. I think we elevated a few things, maybe, you know, than in years past, but that's how it January 9, 2024 Page 12 should be. Every year should get better. I look for Commissioner Hall to -- you know, having sat here for a year, he's going to bring some great improvements and ideas, and that's what we do. We blow the dust off of things, and then the outgoing chair is proud to see what the incoming chair does. So I wish you, you know, all the best, and we will follow your lead. And, having said that, it's been a great year, but you'll still have me to kick around for a while. Thank you. MS. PATTERSON: Thank you. Commissioner Hall will begin his remarks regarding the outgoing chair as well, and then to the other commissioners. COMMISIONER HALL: Thank you, Commissioner LoCastro, for all those words. I learned a lot from you. I've been here a year. And I thought you did an amazing job leading our group, and you kept it fun. You kept it professional. I learned -- you know, I learned I could be expressive. I've learned that I could be personable and that -- I've also learned things like maybe in some of these decisions the juice is not worth the squeeze. CHAIRMAN LoCASTRO: Hey, you're not stealing my lines now. COMMISIONER HALL: No. No, no. I'm telling you what I've learned. I've learned that in some of these decisions, that it's okay to hate it less, and I've also learned that instead of resistance, the new term is "pushback." But no, on a serious note, I'm proud of what you did this year. I've sat back. I've observed. I've learned a lot. And I'm looking forward to continuing on a good meeting. I love the group that we have. We have a good working relationship. And we disagree well, and we agree well. January 9, 2024 Page 13 And so with that, I'm looking forward to getting down to business. CHAIRMAN LoCASTRO: Thank you, sir. MS. PATTERSON: The other -- Commissioner McDaniel, Commissioner Saunders, Commissioner Kowal? COMMISSIONER McDANIEL: We lit up and forgot that it was his turn first. So I just wanted to say thank you, you did a good job, and looking forward to Commissioner Hall as well. CHAIRMAN LoCASTRO: Thank you, sir. COMMISSIONER McDANIEL: And echo all your thanks to our senior staff. There's a whole bunch of people that are making these things happen, and I echo your thanks as well. CHAIRMAN LoCASTRO: Thank you, sir. COMMISIONER HALL: Commissioner Saunders. COMMISSIONER SAUNDERS: Thank you, Mr. Chairman. Boy, this day couldn't come soon enough. CHAIRMAN LoCASTRO: Wait. Stick to the script that I wrote for you, remember? He's amazing, wonderful, handsome. You know, come on. Stick to it. COMMISSIONER SAUNDERS: I'm back on script. Seriously, I really have enjoyed this year. Actually, I've enjoyed this year more than I think any other year that I've been on the Board, and a lot of that is because of your leadership. Commissioner Hall said you've made it fun. Well, you have. Little changes mean a lot. The Pledge of Allegiance by Commissioner Hall's father this morning, I think, means a whole lot more than just one of us standing up and doing the Pledge, and I want to thank you for your service and for being here this morning. And so I think you created a great foundation in terms of January 9, 2024 Page 14 some changes, some positive changes. I'm sure there will be others, but I want to thank you for being aggressive and making those changes. CHAIRMAN LoCASTRO: Thank you, sir. COMMISSIONER SAUNDERS: They meant a lot. So thank you for your service. CHAIRMAN LoCASTRO: You, sir. COMMISSIONER KOWAL: Well, I definitely enjoyed this. And being my first exposure to -- you know, this is my first year and, of course, Commissioner Hall's first year also, and you being our chairman, you know, it felt easy and painless. You know, you conducted your way. And I knew you before I even became a commissioner, and I knew your -- you know, your stellar career in the Air Force achieving a rank of full-bird Colonel which is -- you know, that's a feat in itself. You know, I mean, that takes a lot of resilience and hard work. And I think it showed, the way you ran some of these meetings this year. We probably broke a few records this year on the length of meetings, going into the wee hours of the morning, and -- but it stayed professional, and I think that showed through your ability to, you know, handle situations and keep us guided and keep, of course, the people on task in, you know, what we're trying to achieve here. So it's been a pleasure, and I'm pretty sure that we're going to have a lot of the same here over the next year. And with that, I would like to make a motion to have Commissioner Hall as our incoming chairman. COMMISSIONER McDANIEL: I'll second that. COMMISIONER HALL: I'll second that. COMMISSIONER McDANIEL: I seconded it. COMMISSIONER KOWAL: So -- January 9, 2024 Page 15 CHAIRMAN LoCASTRO: I've got a motion from Commissioner Kowal and a second from Commissioner McDaniel. All in favor of Commissioner Hall moving six feet to the left, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER HALL: Aye. CHAIRMAN LoCASTRO: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN LoCASTRO: Opposed? (No response.) CHAIRMAN LoCASTRO: Mrs. Hall, would you -- any opposition or anything? Is there anything -- COMMISSIONER KOWAL: Can I make a second motion? CHAIRMAN LoCASTRO: Yes, sir. COMMISSIONER KOWAL: That Commissioner Saunders be Vice Chair. COMMISIONER HALL: Second. CHAIRMAN LoCASTRO: Okay. I've got a motion for Commissioner Saunders as vice chair, second by Commissioner Hall. All in favor? COMMISSIONER McDANIEL: Aye. COMMISSIONER HALL: Aye. CHAIRMAN LoCASTRO: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN LoCASTRO: Okay. Opposed? (No response.) CHAIRMAN LoCASTRO: Okay. So both motions pass unanimously. Okay. January 9, 2024 Page 16 MS. PATTERSON: Thank you. At this time I'm going to invite the commissioners to come down to the floor for pictures and the passing of the gavel. CHAIRMAN LoCASTRO: We'll trade the plaque for the gavel, how about, and then we'll do a couple of pose things. Here we go. Let me put this back down. COMMISIONER HALL: This thing looks worn out. COMMISSIONER McDANIEL: I was going to say, my plaque was better than yours. CHAIRMAN LoCASTRO: You had a much better plaque. CHAIRMAN HALL: Okay. Let's get to work. CHAIRMAN LoCASTRO: Okay. Thank you, all. (Applause.) COMMISSIONER LoCASTRO: Commissioner Hall said we will now take a 45-minute break. I don't know what he's doing. I don't know what he's doing. Thank you, sir. CHAIRMAN HALL: All right. County Manager. MS. PATTERSON: Welcome, Chair. If you have any opening remarks before we move on to Item 2C. CHAIRMAN HALL: No. The only thing that goes to my mind is Bachman-Turner Overdrive, Taking Care of Business. COMMISSIONER McDANIEL: BTO. Item #2C BOARD APPOINT ITS MEMBERS TO THE COMMUNITY REDEVELOPMENT AGENCY, THE TOURIST DEVELOPMENT COUNCIL, THE COMMUNITY AND ECONOMIC DEVELOPMENT BOARD, THE AFFORDABLE HOUSING ADVISORY COMMITTEE, THE PUBLIC SAFETY COORDINATING COUNCIL, AND THE SOUTHWEST January 9, 2024 Page 17 FLORIDA REGIONAL PLANNING COUNCIL. MOTION TO REAPPOINT COMMISSIONER KOWAL AND COMMISSIONER MCDANIEL TO THE CRA BY COMMISSIONER HALL; SECONDED BY COMMISSIONER SAUNDERS - APPROVED; MOTION TO APPOINT COMMISSIONER LOCASTRO TO THE TDC BY COMMISSIONER KOWAL; SECONDED BY COMMISSIONER MCDANIEL – APPROVED; MOTION TO REAPPOINT COMMISSIONER SAUNDERS TO THE CED BY COMMISSIONER LOCASTRO; SECONDED BY COMMISSIONER KOWAL - APPROVED; MOTION TO REAPPOINT COMMISSIONER KOWAL TO THE PSCC BY COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER LOCASTRO – APPROVED; MOTION TO REAPPOINT COMMISSIONER MCDANIEL TO THE SWFRPC BY COMMISSIONER SAUNDERS; SECONDED BY COMMISSIONER LOCASTRO – APPROVED; MOTION TO REAPPOINT COMMISSIONER HALL TO THE AHAC BY COMMISSIONER SAUNDERS; SECONDED BY COMMISSIONER MCDANIEL – APPROVED; MOTION TO REAPPOINT COMMISSIONER MCDANIEL TO THE 14 COUNTY SUMMIT BY COMMISSIONER SAUNDERS; SECONDED BY COMMISSIONER LOCASTRO – APPROVED MS. PATTERSON: All right. Well, that moves us to Item 2C. This is a recommendation that the Board appoint its members to the Community Redevelopment Agency, the Tourist Development Council, the Community and Economic Development Board, the Affordable Housing Advisory Committee, the Public Safety Coordinating Council, and the Southwest Florida Regional Planning Council. And so, at your pleasure, we'll take these one at a time, January 9, 2024 Page 18 starting with the Community Redevelopment Agency where we have cochairs for the CRA in Bayshore/Gateway as well as Immokalee, currently Commissioner Kowal and Commissioner McDaniel. CHAIRMAN HALL: So, Commissioner McDaniel, do you have interest in staying? COMMISSIONER McDANIEL: With the RPC -- CHAIRMAN HALL: Yes. COMMISSIONER McDANIEL: -- or the CRA? MS. PATTERSON: CRA. CHAIRMAN HALL: No, the CRA. We're in the CRA. COMMISSIONER McDANIEL: Sorry. Yeah, absolutely. CHAIRMAN HALL: Commissioner Kowal? COMMISSIONER KOWAL: Yeah. Absolutely, I'd like to remain. CHAIRMAN HALL: Okay, great. Do we need a motion on that? MS. PATTERSON: We need a motion, yes. CHAIRMAN HALL: So can I get a motion for -- COMMISSIONER SAUNDERS: I'll motion -- or I'll second that motion. CHAIRMAN HALL: All right. We've got a motion to keep Commissioner Kowal on the CRA and as well as Commissioner McDaniel. We have a second. All in favor? COMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN HALL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN HALL: All right. That passes. January 9, 2024 Page 19 MS. PATTERSON: All right. Next up is the Tourist Development Council. As you know, we have a set process for this one, so the outgoing chair becomes now a member of the Tourist Development Council. So Commissioner LoCastro will replace Commissioner McDaniel. We still would need a motion and a second and a vote on this. COMMISSIONER McDANIEL: So moved. COMMISSIONER KOWAL: So moved. COMMISSIONER SAUNDERS: Second. COMMISSIONER McDANIEL: Or seconded or thirded. CHAIRMAN HALL: All right. Motion and second. All in favor? COMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN HALL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. MS. PATTERSON: All right. Next up, Community and Economic Development Board. This one is currently Commissioner Saunders' assignment. COMMISSIONER SAUNDERS: And, Mr. Chairman, I have no problem continuing on that unless someone else wants to. CHAIRMAN HALL: I think you win. So -- COMMISSIONER LoCASTRO: Make a motion that Commissioner Saunders continue. CHAIRMAN HALL: Second. COMMISSIONER McDANIEL: Second. COMMISSIONER KOWAL: Second. CHAIRMAN HALL: All in favor? COMMISSIONER McDANIEL: Aye. January 9, 2024 Page 20 COMMISSIONER LoCASTRO: Aye. CHAIRMAN HALL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN HALL: That passes. Congratulations, Commissioner Saunders. COMMISSIONER SAUNDERS: Thank you. I appreciate that. MS. PATTERSON: The Public Safety Coordinating Council. Currently the seat is held by Commissioner Kowal. COMMISSIONER SAUNDERS: Commissioner Kowal, do you want to stay on that? CHAIRMAN HALL: Do you wish to remain? COMMISSIONER KOWAL: I wouldn't mind remaining on that one. CHAIRMAN HALL: Great. So motion to approve Commissioner Kowal staying on the Public Safety committee. COMMISSIONER McDANIEL: So moved. COMMISSIONER SAUNDERS: So moved. CHAIRMAN HALL: Second? COMMISSIONER LoCASTRO: Second. CHAIRMAN HALL: All in favor? COMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN HALL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. MS. PATTERSON: All right. And, finally, the Southwest Florida Regional Planning Council. Currently seated, Commissioner McDaniel. CHAIRMAN HALL: Good to go? January 9, 2024 Page 21 COMMISSIONER McDANIEL: I'd like one more shot at it. COMMISSIONER LoCASTRO: I'll just say this is the guy you want on the committee. I've sort of backed him up here and there, and there's nobody better to represent us. COMMISSIONER McDANIEL: As dysfunctional as that organization is -- COMMISSIONER LoCASTRO: Absolutely. COMMISSIONER McDANIEL: -- I'd like one more shot at it. COMMISSIONER KOWAL: Is that the one your truck got stolen at? COMMISSIONER McDANIEL: No. That was the MPOAC. COMMISSIONER SAUNDERS: I was there for that. That was an exciting -- COMMISSIONER McDANIEL: Yeah. Burt left me in Orlando. CHAIRMAN HALL: I didn't get near as much for that truck as I was hoping for. COMMISSIONER LoCASTRO: That's good. CHAIRMAN HALL: So motion to approve -- COMMISSIONER SAUNDERS: So moved. CHAIRMAN HALL: I've got a motion by Commissioner Saunders. COMMISSIONER KOWAL: Second. COMMISSIONER LoCASTRO: Second. CHAIRMAN HALL: All in favor? COMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN HALL: Aye. January 9, 2024 Page 22 COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. MS. PATTERSON: And I did miss one, the Affordable Housing Advisory Committee, and currently seated is Commissioner Hall. CHAIRMAN HALL: Yeah. It took me a year for them to get to like me, so I'd like to stay at least for one other year. COMMISSIONER SAUNDERS: I'll move to -- COMMISSIONER McDANIEL: I'll second that. CHAIRMAN HALL: We have a motion and a second. All in favor? COMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN HALL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. MS. PATTERSON: Thank you, Commissioners. Just as a note, in the future agendas, we will talk about the Canvassing Board as well as the Value Adjustment Board, but not now. Those are subsequent agenda items that will come forward from the Clerk, and we'll deal with the Canvassing Board as we move forward as well. And also the 14-county summit relative to stormwater, Commissioner McDaniel is currently our assigned member for that, and we can talk about that at a point in the future as well. That brings us to Item 2D, which is approval of the meeting minutes from the October 24th, 2023, BCC meeting. COMMISSIONER McDANIEL: Do you want to just go ahead and take care of that 14-county summit thing now? I mean, because I really love that organization. It's a trip to Okeechobee once a quarter or so. But I'm -- with all of the January 9, 2024 Page 23 efforts that we have going on with beach renourishment, stormwater, dredging, so on and so forth, I'd really like to just stay there, if I could. Is that okay? COMMISSIONER SAUNDERS: I'll make that motion. COMMISSIONER McDANIEL: Because I think I have a meeting this month. I don't want to -- MS. PATTERSON: I don't see anybody arm wrestling you for it. CHAIRMAN HALL: No. We have a motion by Commissioner Saunders. COMMISSIONER LoCASTRO: Second. CHAIRMAN HALL: Second by Commissioner LoCastro. All in favor? COMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN HALL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. COMMISSIONER McDANIEL: Forgive me for interrupting. MS. PATTERSON: No worries. Item #2D OCTOBER 24, 2023, BCC MINUTES - MOTION TO APPROVE BY COMMISSIONER SAUNDERS; SECONDED BY COMMISSIONER LOCASTRO – APPROVED Item #2E DECEMBER 12, 2023, BCC MINUTES - MOTION TO January 9, 2024 Page 24 APPROVE BY COMMISSIONER SAUNDERS; SECONDED BY COMMISSIONER LOCASTRO – APPROVED Back to October 24, 2023, Board BCC minutes. I need a motion and a second. COMMISSIONER SAUNDERS: Mr. Chairman, I'll move to approve the October 24 minutes and the December 12 minutes. MS. PATTERSON: Thank you, sir. COMMISSIONER LoCASTRO: Second. CHAIRMAN HALL: We have a motion and a second to approve both of the minutes. All in favor? COMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN HALL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN HALL: It passes. Item #4A PROCLAMATION DESIGNATING JANUARY 15, 2024, AS A DAY TO REMEMBER AND CELEBRATE REV. DR. MARTIN LUTHER KING JR.'S DREAM. ACCEPTED BY VINCENT KEEYS, PRESIDENT OF THE NAACP, AND DIANN KEEYS, PARADE CHAIR, AND OTHER DISTINGUISHED GUESTS. – MOTION TO APPROVE BY COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER LOCASTRO - ADOPTED MS. PATTERSON: All right. That moves us to Item 4, proclamations. Item 4A is a proclamation designating January 15th, 2024, January 9, 2024 Page 25 as a Day to Remember and Celebrate Reverend Dr. Martin Luther King's dream. To be accepted by Vincent Keeys, president of the NAACP, and Diana Keeys, parade chair, and other distinguished guests. Congratulations and welcome. (Applause.) MR. KEEYS: Good morning, Mr. Chair. Congratulations to you, Mr. Hall. And board members, staff, and counsel, I want to thank you this morning for this great proclamation. And we want to personally invite the county commissioners to the 27th annual Reverend Dr. Martin Luther King, Jr., parade and celebration which will take place on Monday, January the 15th, 2024. It will be in downtown Naples. It starts off at 11 o'clock on the corner of Broad and Third, and the celebration will take place in Cambier Park. So I'd like to personally invite every one of you to lead out the parade with all the city dignitaries and police department and fire department. So, please, don't disappoint. We expect to see you there. Thank you so very much. (Applause.) Item #4B PROCLAMATION DESIGNATING JANUARY 2024 AS HUMAN TRAFFICKING AWARENESS MONTH IN COLLIER COUNTY. ACCEPTED BY LINDA OBERHAUS, CHIEF EXECUTIVE OFFICER, THE SHELTER FOR ABUSED WOMEN & CHILDREN. - MOTION TO APPROVE BY COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER LOCASTRO – ADOPTED January 9, 2024 Page 26 MS. PATTERSON: Item 4B is a proclamation designating January 2024 as Human Trafficking Awareness Month in Collier County. To be accepted by Linda Oberhaus, chief executive officer, the Shelter for Abused Women and Children. Thank you. CHAIRMAN HALL: Do you want to say a word? MS. OBERHAUS: Sure. Okay. Well, good morning. I want to thank you, Commissioner Hall, and the rest the county commissioners for acknowledging National Human Trafficking Awareness Month this January. Human trafficking, as you know, is a crime that occurs across the country. And according to the National Human Trafficking Hotline, Florida ranks third in the nation for the highest number of calls to the Human Trafficking Hotline. Additionally, Naples and Fort Myers ranks third for the highest number of cases of human trafficking in Florida. So here's what's happening locally. So we have a number of things happening. The shelter is partnering with the school district to educate our children to prevent them from becoming a statistic, and we're partnering with the Collier County Sheriff's Office and our State Attorney's Office on a holistic approach to end sex trafficking locally. This approach is called the ISP model. It's Identify, Support, and Prosecute. It involves the Sheriff's Office identifying both victims and traffickers, the Sheriff supporting the victims that are identified, and the State Attorney's Office prosecuting both buyers and sellers of sex trafficking victims in our community. It is only through both awareness and action that we'll be successful in keeping all members of our community safe. So thank you, again, for helping to raise awareness about the issue of January 9, 2024 Page 27 human trafficking right here in Collier County. Thank you. CHAIRMAN HALL: Thank you. (Applause.) Item #4C PROCLAMATION RECOGNIZING THE CONTRIBUTIONS OF NAPLES BOTANICAL GARDEN AND CELEBRATING THE EVENSTAD HORTICULTURE CAMPUS FOR ITS FAR- REACHING IMPACT ON THE GARDEN, SOUTHWEST FLORIDA, AND BEYOND. ACCEPTED BY BRITT PATTERSON-WEBER, VICE PRESIDENT OF EDUCATION & INTERPRETATION. - MOTION TO APPROVE BY COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER LOCASTRO - ADOPTED MS. PATTERSON: Item 4C is a proclamation recognizing the contributions of the Naples Botanical Garden and celebrating the Evenstad Horticulture Campus for its far-reaching impact on the Garden, Southwest Florida, and beyond. To be accepted by Britt Patterson-Weber, vice president of education and interpretation. Congratulations. COMMISSIONER McDANIEL: Do you want to bring them up? MS. PATTERSON-WEBER: There's an army in the back. Do you all want to come up real quick, and then I'll say a word. COMMISSIONER McDANIEL: That's the army that makes it happen. COMMISSIONER LoCASTRO: Right now people are stealing everything at the Botanical Garden because there's no January 9, 2024 Page 28 employees there. (Applause.) MS. PATTERSON-WEBER: We'll have to keep the gardening questions off the record. Commissioners, on behalf of the Botanical Garden team, I want to extend our gratitude for acknowledging the contributions of Naples Botanical Garden as well as celebrating the opening of the Evenstad Horticulture Campus with us. Just as a seedling needs to be nurtured and supported to reach its full potential, so, too, do organizations like our own. And thank you, Collier County, for doing just that and sharing this proclamation with the community today. Thank you. CHAIRMAN HALL: You're welcome. (Applause.) Item #5A ARTIST OF THE MONTH – WENDY WAGNER CAMPBELL AND NORA BEYRENT – NAPLES ART DISTRICT MS. PATTERSON: If we could direct your attention to the back of room, Item 5A is our Artist of the Month. For this month we welcome Wendy Wagner Campbell and Nora Beyrent from the Naples Art District whose works displayed along the back wall were inspired by the internationally recognized Mexican artist Frida Kahlo. (Applause.) MS. PATTERSON: And, Commissioners -- thank you. Mr. Rodriguez just reminded me, if we could get a motion to approve the proclamations, please. COMMISSIONER LoCASTRO: Motion -- January 9, 2024 Page 29 COMMISSIONER McDANIEL: So moved. COMMISSIONER LoCASTRO: Second. CHAIRMAN HALL: We have a motion and a second to approve the proclamations. All in favor? COMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN HALL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN HALL: All opposed? (No response.) CHAIRMAN HALL: None. Item #7 PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA MS. PATTERSON: Thank you very much. That brings us to Item 7, public comments on general topics not on the current or future agenda. MR. MILLER: We have six registered speakers this morning. Your first speaker is Robert Thurston, and he will be followed by Kathy Taylor. MR. THURSTON: Good morning. Hello. My name is Robert Thurston. Today marks my seventh appearance before the Collier County Board of Commissioners on Collier TV, and I'm turning again to the topic of the deep state and the Targeted Individual Program. You can find on the Internet, through polling, if you believe such things, that a majority of the U.S. believe, January 9, 2024 Page 30 essentially, in the deep state, even if they struggle with defining what the deep state is. In 2018, the magazine Politico said a majority of the U.S. people believe a group of unelected government and military officials secretly manipulate national policy. I'm here to tell you this is true, and there's more. When I spoke here last time on December 12th, 2023, Commissioner Hall asked me what I hope to accomplish now and how the Board could help. I said I'm trying to get help creating a state law that would criminalize participation by anyone in the already illegal Targeted Individual Program. If you haven't experienced the Targeted Individual Program firsthand, it's clear it takes a toll on many people. I also said in the last meeting I hope to help other people struggling with the Targeted Individual Program. How? I think other targeted individuals can use those meetings as a blueprint. Taking their case directly to the public on community TV is probably their best chance of ending their targeting. I hope what I've done here can give other targeted individuals some ideas about how to document and organize their presentation so they can state their cases effectively and be heard. Another goal I have here is to tell the rest of the story. The Naples community needs to know what happened to me is possible when people working in government and/or the deep state band together to defraud your average citizen. There are other people involved here. I need to give examples of what they did to strengthen my case for creating Collier's law. And for me, these people named in the online documents are still harassing me, not for committing any crimes, but for coming forward and telling the public all the terrible things they did. The Targeted Individual Program is for life. I could go January 9, 2024 Page 31 through this harassment the rest of my life or deal with it here and now. I know I have right on my side, and that should be enough at some future point. The Targeted Individual Program is, from the beginning, both wrong and illegal, and one can't get around these inescapable facts. Once you've come down on the side of torture, I think you've lost your case. You've had some time to evaluate my statements. I've been coming here for six months now. I feel I've effectively proven that Sheriff Kevin Rambosk is in lockstep with the Targeted Individual Program. In 2021, Rambosk sent a deputy to my home. That deputy said he had me on two separate videos committing felonies against a neighbor. In reality, Rambosk didn't have any videos of me committing any crimes. Remember, Rambosk, by this time in 2021, had been directing the illegal Targeted Individual Program against me since 2010. Since 2010. It was -- CHAIRMAN HALL: Mr. Thurston, if you could just wrap it up. MR. THURSTON: Okay. Thank you, sir. Very quickly, since 2010, it was total entrapment. Rambosk tried to trade my freedoms for some money in his pocket. During the time Rambosk's deputy was falsely accusing me, I was saying to him, this is all a setup as part of the Targeted Individual Program. The deputy wore a body cam. I tried to get that video where I'm telling the deputy about the Targeted Individual Program. CHAIRMAN HALL: Mr. Thurston, excuse me. Your time is up. Thank you so much. MR. THURSTON: Yes, sir. Okay. Thank you. MR. MILLER: Okay. Thank you. Your next speaker is January 9, 2024 Page 32 Kathy Taylor. She'll be followed by Richard Schroeder. MS. TAYLOR: Good morning, gentlemen. CHAIRMAN HALL: Hi, Ms. Taylor. MS. TAYLOR: Nice to meet you. CHAIRMAN HALL: Nice to meet you. MS. TAYLOR: Congratulations. If you would hand those to your colleagues, please. Good morning, Commissioners, and thank you for allowing me to speak today. My name is Kathy Taylor, and my husband, John, and I have lived in Collier County since 1998 and as full-time residents since 2005. We have been dealing with Veterans Community Park since 2005 regarding noise pollution from the Rover Run Dog Park and light pollution from the ball fields lighting system. Some minimal changes have been made at Rover Run, but no consideration was given to the fact that Rover Run should never have been located so near a residential area. But it seems like entertaining dogs, most of them being nonresidents, takes precedence over a peaceful environment from -- for the good taxpaying Collier County residents at Stonebridge Country Club. Today, though, we are representing the 100 to 150 Stonebridge residents who directly and negatively are impacted by the antiquated lighting system at Veterans Park. Since 2005, three hurricanes have taken down approximately 25 trees on the Veterans Park side of the boundary line between the park and Stonebridge. These trees definitively helped mitigate the light pollution, and yet none have been replaced. In 2015, we were given information by Parks and Recreation that new lighting systems and new technology for lighting ball January 9, 2024 Page 33 fields was available, lighting that shines directly down on the ball field rather than out into the neighboring area. At that time, 2015, Collier County also published their lighting standards and guidelines which state: Lighting designs should minimize light trespass and pollution and impact on neighboring properties and natural habitats while ensuring safety, security, utility, productivity, commerce, livability, and enjoyment. "Should minimize" are the key words in those guidelines. As you can see from the photos that I gave you, the Veterans Park lights are totally noncompliant and in violation of these standards. This has been the case for seven years. We were told in 2016 that new lighting technology was available. Our general manager, Tim Jones, was told by Parks and Recreation that the new lighting would be installed at Veterans Park by the end of 2022. Obviously that has not happened. Ms. Edwards, at Park and Rec, has been very attentive to this issue and, at our request, has reduced the time parameters for the lighting on the ball fields and field house, which I'm sure is a cost-saving initiative for the county. Prior to Ms. Edwards' involvement, the fields remained lit hours after there was no activity on the fields -- I'm sorry. So we are here today to urge the Board to give the highest priority to the replacement of the lights at Veterans Park in this year's budget. It is unconscionable to think that this noncompliant lighting system still exists seven years after your standards were established and, at the same time, continue to add new parks and amenities to other parks. Again, 1,400 residents at Stonebridge are counting on you to rectify this situation as soon as possible. Thank you so much for listening to our request. January 9, 2024 Page 34 CHAIRMAN HALL: Thank you. MR. MILLER: Your next speaker is -- CHAIRMAN HALL: Ms. Taylor, have you had the pleasure yet to meet Ms. Williams in the back? If you haven't, I encourage you to. Thank you. MS. TAYLOR: I will. Thank you so much, Commissioner. MR. MILLER: Your next speaker is Richard Schroeder. He'll be followed by Lisa Stedman. DR. SCHROEDER: Good morning, Commissioners. Dr. Richard Schroeder. And I want to talk a little bit about the mRNA technology that's in the COVID-19 vaccines and that they are grooming us to accept as part of the annual flu vaccines. By now we've -- we know how the chronically deranged elements within our federal government and associated world agencies used declared public health emergency to sweep away our civil rights and subject us to the whims of amoral medical technocrats. Every planning operation they staged in preparation for the SARS-CoV-2 rollout, all the way to Dark Winter through Atlanta storm event 2'01, and many more had the same end goal of imposing tyranny and mass vaccination. MRNA technology was part of that plot and goes back farther than we might expect. According to a 2016 MIT biotechnology article, U.S. government and biotechnology experts viewed the use of gene editing, mRNA nanoparticle technologies as weapons of mass destruction and a threat to national security, as the genome is the very essence of life. Using this technology to edit a species' genome could result in the extermination of that species, including human beings, they said. We need to get these self-spreading poisons out of our January 9, 2024 Page 35 lives and off our shelves. It's up to us in our local communities to fend for ourselves. We might be getting a little help from the state at this point. On January 3rd, Florida Surgeon General, Dr. Joseph Ladapo, issued a press statement calling for a halt in the use of mRNA injections in human beings due to their ability to modify the human genome. Dr. Ladapo's guidance letter began by citing the FDA's own documents from 2007, which clearly advise that DNA contamination can cause cells to be genetically modified. In one recent interview, Ladapo explained how Pfizer's and FDA's lack of proper animal and human testing is beyond reckless, as the mRNA nanoparticle technologies have the capability of causing cancer as well as making transgenerational changes to the human species, which could result in all sorts of difficulties, of course. When asked in an interview -- in another interview what his recent letter of guidance technically means for the State of Florida, Dr. Ladapo responded, and I quote: Our county health department should not be offering them, referring to the mRNA COVID-19 vaccines. It is morally very wrong, whether it is our Health Department, pharmacies, or hospitals, to be putting these into other human beings, end quote, from Dr. Ladapo. I do hope the hospitals, health departments, and pharmacies are listening, and thank you, all, for listening. CHAIRMAN HALL: Thank you, Dr. Schroeder. MR. MILLER: Your next speaker is Lisa Stedman. She'll be followed by Jeff Headrick. MS. STEDMAN: Good morning, Commissioners. Lisa Stedman, founder of Collier Citizens Against Sex Trafficking. In 2023, CCSO identified 47 child victims. These victims were either depicted in child sexual use materials, CSAM, or January 9, 2024 Page 36 victims of contact offenses which were proactively discovered by investigations done by the Collier County Sheriff's Office. Victims who self-reported, cases where a parent discovered the victimization, were not included in that count. In this graphic that you're looking at up on the screens, you are looking at the arrests of the newly formed Southwest Florida Intercept Task Force. They arrested 25 men and rescued 37 children regionally, the youngest victim being two years old, right here in Collier County. She was being offered for sex on a dating app called Meet Me. The Intercept Task Force is providing all resources required to conduct investigations, plan and run operations, identify and rescue victims, educate parents and youth, process and analyze data and, ultimately, serve its community. Speaking of educating parents and youth, CCAST is proud to host a Trafficking Exposed event on Saturday, February 10th, at Destiny Church from 9 to 4. The experts in the trenches will be educating our community on human trafficking and child exploitation. You will learn that day from CCSO Sheriff Rambosk; Lieutenant Wade Williams of Intercept Task Force; State Attorney's Office 20th Judicial District Chief of Special Victims Unit Francine Donnorummo; Homeland Security Investigations Resident Agent John Yancey; Sonya Ryan of the Carly Foundation; Katie Yaryan, director of Operation Light Shine; and our very own Collier County Commissioner Dan Kowal. I am requesting help from all of you here today to get this critically important and informative event to all members of our community and especially to parents. I've brought flyers for the commissioners and hope you will share this information with your constituents. For more event information, please visit January 9, 2024 Page 37 ccastfl.com. Again, that is ccastfl.com. Thank you. MR. MILLER: Your next speaker is Jeff Headrick. He'll be followed by Sandra Beach. MR. HEADRICK: Good morning. Thank you, Mr. Chairman, Commission. I speak to you today -- first of all, my name is Jeff Headrick. I'm from Blunt County, Tennessee, a few hours away. I'm here this morning to speak about a piece of property, that's 660 Palm Avenue. Commissioner LoCastro, I know that's your district, sir. I'm here to represent the Lambert family who has had this piece of property -- my father-in-law's had for several years. My mother-in-law has paid the taxes every year in good faith. Beautiful area. Your parks and rec facility, everything you guys do that I've seen is first class. Thank you for your service. I have the pleasure of working with two colonels. I don't say they work for me; I work with them. So -- I know that cloth and I respect that, so thank you, sir. Once again, I guess I'm here hat in hand to see what can be done. Any concessions that can be done, any thoughts, dialogue after this meeting to go further. Quite frankly, out of transparency, this is what I do daily in Blunt County. So I get it. Dirty lots, no fun. Absolutely no fun. And in -- I work daily to mitigate these problems at the lowest level of -- I know you all don't want this to deal with. We as a family don't. And I struggle that some of the heirs weren't completely notified. So I think it's hard to penalize an heir that doesn't know. Once again, I know this is not a Q&A. That's not how this works, but if I could have further dialogue after this, I'd January 9, 2024 Page 38 appreciate it, to help mitigate this, so -- you know, my mother-in-law's 88. So I'm here to try to make it right if any way possible. COMMISSIONER LoCASTRO: Sir -- MR. HEADRICK: Yes, sir. COMMISSIONER LoCASTRO: -- contact me directly. CHAIRMAN HALL: Go ahead, Commissioner Saunders. COMMISSIONER SAUNDERS: Thank you. COMMISSIONER LoCASTRO: It even has my cell phone number on there. COMMISSIONER SAUNDERS: Mr. Chairman, I was wondering if you could give him another minute. I don't really have an understanding what the issue is that brought you here. If you could focus on that, then we can direct you to a staff person, perhaps, but unless I missed something. COMMISSIONER McDANIEL: He's got it. COMMISSIONER LoCASTRO: I think it's just in violation. MR. HEADRICK: It's -- COMMISSIONER SAUNDERS: Code Enforcement Board issue? MR. HEADRICK: Yes, sir. It's debris. It's unsightly. It needs to be cleaned up, but -- COMMISSIONER SAUNDERS: The gentleman coming down here, Jamie French -- MR. HEADRICK: Okay. I've been working -- CHAIRMAN HALL: And Mr. Tom. MR. HEADRICK: -- with Thomas here. And oh, by the way, the last two weeks, since I've known about this and I worked with this gentleman, first class. So -- and I recognize people that's top shelf in these departments, and he's one of them. January 9, 2024 Page 39 But it absolutely needs to be cleaned up, will be cleaned up. The tenant or person there will leave under my mother-in-law's direction, and we'll mitigate this and make it right because it's not -- it's not the legacy of my father-in-law, so... CHAIRMAN HALL: I guess I have a question. Was this the item that we waived a bunch of those fees and -- that was not the same one? MS. PATTERSON: No, sir. MR. IANDIMARINO: For the record, Tom Iandimarino, Code Enforcement director. This is the item that we -- that the -- Commissioners, you-all foreclosed upon on a consent agenda a couple of sessions ago. So this is a foreclosing property that the county's foreclosing upon. Yeah, the paperwork's been filed with the court. We are in the process of doing everything through the newspapers to announce everything, and the process is ongoing at this point in time. CHAIRMAN HALL: Gotcha. Well, I trust that the dialogue there will work out for you. MR. IANDIMARINO: We have been -- we have talked a few times. We met this morning for the first time. He does understand that there is a lot of work that needs to be done and that the process is in place. MR. HEADRICK: Mr. Chair, could I add something to that? In a previous life before giving -- eight years ago, of being the highway superintendent, this is what I did for 30-plus years on a state and federal level of building roads, utilities, but we also did demolition. So having the knowledge of how to make this work, how to mitigate this, and get it out of your hair, out of ours, and be respectable, we have the means to do that. To spend thousands of dollars in fines, my mother-in-law, quite frankly, January 9, 2024 Page 40 doesn't have it. But if we could make this happen to help both parties, that's what I'm here to tell you I want to do. And you could look, I have the past and history of doing it. So I know talk's cheap, you know. We try to -- we try to walk it, not talk it. CHAIRMAN HALL: Commissioner Saunders. COMMISSIONER SAUNDERS: Thank you. Perhaps we could have staff delay the taking of the property and give this gentleman some time to clean that up. If he does what he says he's going to do, give him a reasonable period of time to do it. And if he doesn't do it, then proceed with the foreclosure on the property and -- MR. IANDIMARINO: Again, Commissioner, Tom Iandimarino, Code Enforcement director. The paperwork's already been filed with the Circuit Court at this point in time. Any delays or any extensions may have to go through the Circuit Court to ask -- he can ask the attorneys -- he could have an attorney go to the Circuit Court and ask for an extension. COMMISSIONER SAUNDERS: It's our case, though. MR. IANDIMARINO: It is our case, but we've already filed it. We'd have to talk to the attorney's office. COMMISSIONER SAUNDERS: Yeah, that's a County Attorney question, but I'm sure we can delay that for a bit. That's a question. I hate to see, you know -- MR. KLATZKOW: Look, one of the things I dislike the most is foreclosing on other people's properties, so if we can fix this, we'll fix this. MR. HEADRICK: Great, thanks. CHAIRMAN HALL: Thank you, sir. COMMISSIONER SAUNDERS: Thank you. MR. HEADRICK: Thank you. January 9, 2024 Page 41 MR. MILLER: Your final registered public speaker for public comment is Sandra Beach. MS. BEACH: Good morning, Commissioners. Thank you for hearing me. I'm Sandra Beach. I live on 7th Avenue Northwest. You -- probably a familiar tune to hear that. We request that you don't rezone our neighborhood for the Mason Classical Academy. We've been homeowners, full-time residents since 1974 in this area. CHAIRMAN HALL: Ms. Beach, can we pause for a second. Isn't this going to be on a future agenda? COMMISSIONER McDANIEL: No. MS. BEACH: We just want to put as many requests in as we can, not for the -- CHAIRMAN HALL: Commissioner Saunders. MS. BEACH: -- to not rezone our area. COMMISSIONER SAUNDERS: Mr. Chairman, I'm a bit familiar with this. I met with a bunch of neighbors on Sunday. And, no, this does not come to the county commission. There is no zoning issue. MS. BEACH: That's what I was told. So we're getting a lot of runaround of who, where, what, and when. COMMISSIONER SAUNDERS: Well, the County Attorney could probably opine on this, but we don't issue building permits, we don't do inspections, we don't do the zoning. I'm not so sure we do anything because the Mason Classical Academy is a public school. So I don't know what authority we have. COMMISSIONER McDANIEL: By right. MR. KLATZKOW: The way -- CHAIRMAN HALL: Commissioner Saunders. MR. KLATZKOW: -- charter schools work is that by January 9, 2024 Page 42 statute we treat them to the equivalence of what we do with the school board. We have an interlocal with the school board. We require the charter schools follow that interlocal, but our ability to issue permits or anything else with respect to a school does not exist. COMMISSIONER SAUNDERS: That's why I wanted to mention that. This commission is not trying to stonewall you in any way or misinform you. It's just -- I found out about this just a few weeks ago myself. MS. BEACH: I know. It ruined our holidays. Thank you. COMMISSIONER SAUNDERS: Yeah. So I don't know that there's anything we can do. MS. BEACH: We feel we're being sidelined. We feel that we're being misdirected. Nobody's listening, that she's -- Mason Classical Academy is able to just come in and do whatever they want and ruin our neighborhood. I mean, we have a very quiet, beautiful block that I've live on for 28 years, and they want to build this enormous monstrosity right next door. COMMISSIONER SAUNDERS: Perhaps if you wouldn't mind, if you could -- my assistant, Sue Filson, she's probably listening to this. If you'll give us your name and phone number -- or email, then I'll get back with you and let you know what, if anything, we can do, but -- MS. BEACH: That would be great. COMMISSIONER SAUNDERS: -- there's not much. CHAIRMAN HALL: Commissioner McDaniel, do you have a comment? COMMISSIONER McDANIEL: Yeah, not at this time. We're going to have a discussion about this at some future point, and -- but not at this time. January 9, 2024 Page 43 I just wanted to reiterate the fact that this is a by-right action. This is a -- this is a circumstance that's within our existing Growth Management Plan and zoning code, and schools are allowed in the Estates. I mentioned it when we approved the Ascend project which had a charter school sitting there ready to take that piece of property for the same use. And so it's a hole in the doughnut that we have within our GMP and LDC, but Commissioner Saunders will grab onto it and -- COMMISSIONER SAUNDERS: Well, I'm not sure that -- I apologize for interrupting, but just -- I think that we have a state statute that really controls this. I'm not so sure that it's the GMP. If it is, we can fix that for the future. MR. KLATZKOW: It's a state statute. The statute requires that you treat charter schools exactly the same as we treat public schools. COMMISSIONER McDANIEL: And it is within our -- it is a by-right issue within Golden Gate Estates. COMMISSIONER SAUNDERS: So we could change the Growth Management Plan; that wouldn't affect this. MR. KLATZKOW: It's -- at this point in time, no. COMMISSIONER McDANIEL: Not right now. That goes back into the SB250, not till October of '24. We're not allowed to make any adjustments. I've already talked to our senior staff about that. MR. KLATZKOW: That's not an SB -- that's not -- that's not the issue. The issue is you've got the vested right to do it now, and it's too late to change the rules on them. If we want to, in the future, start thinking about this -- COMMISSIONER SAUNDERS: That's what I'm talking about. This one we can't do anything with. But in the future -- January 9, 2024 Page 44 COMMISSIONER McDANIEL: I was told -- MR. KLATZKOW: We can look at it. COMMISSIONER McDANIEL: I'm sorry for interrupting. I was interrupted. But I was told by senior staff that we can't do anything until at least October of '24 with regard to -- MR. KLATZKOW: Well, senior staff is -- I disagree with senior staff, and I am telling you as the County Attorney SB250 has nothing to do with this. COMMISSIONER McDANIEL: Fair enough. So we'll take care of it. MS. BEACH: My quick question is that, you know, we had eminent domain on the back of that property for about 30 feet. And when they bought that 30 feet to build Vanderbilt Road, we were told at that time there will be no back access -- driveways along that strip. And we said, okay. How are they allowing her to come in and do that? The school's full. She's looking for a relocation. There's other places. We just are requesting your help -- CHAIRMAN HALL: There again -- MS. BEACH: -- to save our neighborhood. CHAIRMAN HALL: Ms. Beach, thank you. If you'll reach out to Ms. Filson, she can get you -- MS. BEACH: And who is that? MS. PATTERSON: Commissioner Saunders' aide. COMMISSIONER SAUNDERS: If you'll go around to the front desk where the commission offices are -- MS. BEACH: Thank you for your time. COMMISSIONER LoCASTRO: -- and ask for Sue Filson, give her your information. MR. MILLER: That was all public speakers for Item 7. January 9, 2024 Page 45 Item #11C AWARDING CONSTRUCTION INVITATION TO BID (“ITB”) NO. 23-8105, “COLLIER COUNTY FIRE AND EMS STATION #74,” TO RYCON CONSTRUCTION, INC., IN THE AMOUNT OF $9,464,456.00, AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED AGREEMENT, AND APPROVE THE NECESSARY BUDGET AMENDMENTS. (TONY BARONE, PRINCIPAL PROJECT MANAGER, FACILITIES MANAGEMENT) (DISTRICT 5) - MOTION TO APPROVE BY COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER LOCASTRO - APPROVED MS. PATTERSON: COMMISSIONERS, WITH YOUR INDULGENCE, we're going to move into the County Manager's Items 11. If we can go ahead and take Item 11C. This is relative to Station 74. It's a recommendation to award Construction Invitation to Bid No. 23-8105, Collier County Fire and EMS Station 74, to Rycon Construction, Inc., in the amount of $9,464,456, authorize the Chairman to sign the attached agreement, and approve the necessary budget amendments. Mr. Tony Barone is here to make a brief presentation at your pleasure. We also have representation here both from Greater Naples Fire District as well as EMS. MR. BARONE: Good morning, Commissioners. For the record, Tony Barone, principal project manager with our Facility Management Division. We bring to you today again a recommendation to award our construction contract for the Collier County Fire and EMS Station 74 in Golden Gate Estates. This will be to Rycon Construction, Incorporated in the amount of $9,464,456, and January 9, 2024 Page 46 authorize the Chairman to sign the attached agreement, and authorize the necessary budget amendments. Just a quick recap on the history of this project. The objective is to construct an EMS and fire station that serves the expanding needs of Golden Gate Estates and eastern Collier County. This is in collaboration with our Greater Naples Fire Department partners, and we also coordinated with our North Collier Fire partners as well. Our project site location is on the southwest corner of DeSoto Boulevard and Golden Gate Boulevard in the eastern Golden Gate Estates. And this area, as you know, is experiencing rapid growth, significant growth. The Town of Big Cypress will have, itself, over 8,000 homes and 880 -- actually 882 affordable housing units. We see a 20 percent average increase in call volume over the past year in that area, and we see the continued growth, of course, of Golden Gate Estates itself at about 10 percent every five years, growth and population. This station can actually serve as a forward [sic] command for brushfires and field operations out there in that area. As you know, this area has experienced several brushfires in the last several years. Additionally, it will improve response times for our fire and EMS folks. The closest existing station is actually 12 miles away to the west on Golden Gate Boulevard. It will also provide space for coastal units during storms. As you know, during storm events, our locations along the coastline that may have been built several years ago are particularly vulnerable, and our folks will have the opportunity to flex in their units to the east, protect those units, protect their apparatus so they can respond after that storm. It also has the benefit of decreasing insurance January 9, 2024 Page 47 rates for the nearby residents as well. The station features five apparatus bays, 12 bunkrooms, a small fitness room and screened-in porch for the folks that are staying there on shift. It includes support areas, including a gear room and a decon -- decontamination area for the folks that are out there. As those first responders come back to the station, they'll be able to go into a separate decontamination room, get cleaned up, and that keeps them separate from their living quarters; good for health. Additionally, there will be a fueling station there that will be available for, you know, fire district and EMS and county units operating in that area of the county. Currently, the site is undeveloped, and it's not served by Public Utilities, so there will be potable well, a fire well, and a septic system, but it will be set up to connect to future utilities as they become available. We will also include a small communications tower on the site to provide the needed enhancement to the radio and cellular communications for those folks operating out there. Our bid responses on the project, we actually received six bids. Five of those bids were deemed responsive. The lowest of those five was Rycon Construction at 9.48 million. This came in 6 percent lower than the opinion of probable cost we had ahead of this bid, and staff recommends awarding this contract to Rycon Construction. Our funding plan for this project does include consolidating the EMS budgets under the surtax program to fully fund this station. Our coordination, County Manager and our fire district chiefs, have been coordinating and have agreed that the next two stations, as part of that three-station expansive program, will be built by the two fire stations, and they will coordinate with us January 9, 2024 Page 48 during design as we did with them to ensure that our EMS partners are -- in-house EMS folks have the needed space inside those stations. This chart outlines the consolidation of those budgets from the North Naples and the Heritage Bay EMS budget into this station and asks for an additional amount for those surtax reserves to fully fund the total budget of this project. Again, our recommendation is to award this construction contract to Rycon Construction and give us direction to go build the new station in Golden Gate Estates. CHAIRMAN HALL: Thank you, Tom. COMMISSIONER McDANIEL: So moved. COMMISSIONER LoCASTRO: Second. CHAIRMAN HALL: Do you have a comment, Commissioner McDaniel? COMMISSIONER McDANIEL: No. I just wanted to make the motion. CHAIRMAN HALL: Gotcha. So we have a motion by Commissioner McDaniel, a second by Commissioner LoCastro. All in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN HALL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN HALL: It passes. Thank you, Tony. MR. BARONE: Thank you, Commissioners. MS. PATTERSON: Thank you, Chiefs. Item #11B January 9, 2024 Page 49 AN AGREEMENT FOR SALE AND PURCHASE WITH ANDREW J. KLEINBERGER AND TERRIE R. KLEINBERGER AS TRUSTEE OF THE ANDREW AND TERRIE KLEINBERGER REVOCABLE TRUST (THE “KLEINBERGER REV. TRUST”) FOR TWO PARCELS TOTALING FIVE ACRES UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM AT A COST NOT TO EXCEED $106,500. (JAIME COOK, DIRECTOR, DEVELOPMENT REVIEW) (DISTRICT 5) MOTION TO APPROVE BY COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER LOCASTRO - APPROVED Commissioners, that brings us back to Item 11B. This is a recommendation to approve an agreement for sale and purchase with Andrew J. Kleinberger and Terrie R. Kleinberger as Trustees of the Andrew and Terrie Kleinberger Revocable Trust for two parcels totaling five acres under the Conservation Collier Land Acquisition Program at a cost not to exceed $106,500. Ms. Jaime Cook, director of Development Review, is here to present and/or answer questions. MS. COOK: Good morning, Commissioners, Jaime Cook, your director of Development Review at Growth Management/Community Development. The Gore Preserve -- Troy. The Gore Preserve multi-parcel project was approved by the Board on February 28th, 2023, as part of Cycle 11B. You reapproved the Gore Preserve to remain on the A list for acquisition at the October 10th, 2023, board meeting. And the parcels owned by the Kleinberger Trust are within the Gore Preserve multi-parcel project boundary. For reference, the Gore Preserve is located in the Golden Gate Estates near DeSoto Boulevard South and I-75. To date, Conservation Collier has acquired approximately 215 acres or January 9, 2024 Page 50 36 percent of the area targeted for preservation. The Gore Preserve provides habitat for wildlife, including female panthers and kittens that have about identified within the preserve boundary. Florida black bears, wading birds, and the bonneted bat. It provides wildlife corridor connectivity with state and federal lands, including the Florida Panther Wildlife Refuge to the east and Picayune Strand State Forest to the south, as well as private conservation lands, including the Rural Land Stewardship Area and the Rural Fringe Mixed-Use District sending lands, as well as other Conservation Collier property, including the North Belle Meade Preserve about two miles to the east. The Gore Preserve contains native wetland and upland habitats, and the Kleinberger Trust specifically sell five -- two parcels of five acres of forested shrub -- scrub-shrub wetlands, mostly cypress and wetland hardwood habitats, and it is 100 percent hydric depressional soils. CHAIRMAN HALL: What kind of wetlands were those? MS. COOK: Cypress and forested shrub -- CHAIRMAN HALL: Shrub. MS. COOK: -- scrub wetlands, sorry. Still in protocol, sir. The purchase price is 95 percent of the appraised value of the property, and the management costs consist mostly of exotic removal as well as adding signage and development of access trails within the preserve. The total cost of $106,500 includes the purchase price of $104,500 plus the closing costs of approximately $2,000. So with that, staff would recommend that the Board approve the purchase agreement and acquire these parcels as part of the Conservation Collier land acquisition program at a cost not to exceed $106,500. January 9, 2024 Page 51 With that, I'll take any questions you may have. CHAIRMAN HALL: Thank you, Ms. Cook. Commissioner McDaniel. COMMISSIONER McDANIEL: Yeah, two things. Bring up your site map, if you would, please. There you go. And where is the Gore property? I know there is a homestead there in the middle that's part of the trust of the Gores, but where is the Gore property located at? It's east of this. MS. COOK: This is Gore. COMMISSIONER McDANIEL: Up here, north and east. MS. COOK: So this hole in the middle is what was Dr. Gore's home. COMMISSIONER McDANIEL: Right. There is a -- isn't the Gore piece -- the Gore Preserve over east off of DeSoto? MS. COOK: It is, yes, yes. DeSoto runs through the middle of -- right here. COMMISSIONER McDANIEL: So the actual Gore property that we were talking about earlier is to the east of this. What I would like to see is a larger map of what we're looking at here so that the Board can actually -- I know where it is; you know where it is, but -- there we go. MS. COOK: There you go. COMMISSIONER McDANIEL: There we go. So -- MS. COOK: The Gore Preserve is outlined in red. COMMISSIONER McDANIEL: In red. And the piece that we're talking about's pretty much over here where the 49 is in that area? MS. COOK: Correct, yes. COMMISSIONER McDANIEL: On that line. And then No. 2, I didn't go through the paperwork on the appraisal. Was the -- were the appraisals accounting for the January 9, 2024 Page 52 developability of the site with relationship to mitigation expense if someone paid $106,000 to buy this piece of property to build a home, these two pieces? Did the appraisal give consideration to the offsite mitigation or on-site, as the case may be, to effectuate a value? MS. COOK: So the appraisals, the -- the appraisal that's done for these multi-parcel projects takes into account the value of the land based on wetlands available on the property. So as you can see on the screen, the value per acre when it's 0 to 25 percent wetlands -- so mostly upland -- is worth approximately 50,000, whereas these two parcels, which were over 76 percent wetlands, are valued at $22,000 an acre. So, yes, it takes into -- COMMISSIONER McDANIEL: You're going to forgive me, because I'm sitting here looking at -- and this screen, Troy -- my screen has changed twice since I've been sitting here this morning. So it keeps going back to -- it keeps going back to the -- and it has nothing on it now. So repeat what -- repeat what you just had to say, please, because I'd like to know -- MS. COOK: So the market studies done in these multi-parcel areas -- and this one is specific for the Gore Preserve -- does look at the amount of wetlands on site for each parcel and then determines a value based on the percentage of wetlands on the property. So if it were a mostly-upland parcel, it's valued at $50,000 an acre for these size properties. These two parcels were valued at $22,000 an acre because they are over 75 percent wetlands. So yes, that -- that cost is taken into consideration. COMMISSIONER McDANIEL: Okay. I'm saying okay right now, but it seems convoluted to me because there's January 9, 2024 Page 53 a -- there's a value put upon these properties based upon typical wetland developability -- MS. COOK: Correct. COMMISSIONER McDANIEL: -- and so on and so forth. And someone -- if somebody else in the free market were to buy one of these pieces of property, they'd have to pay 50-some-odd thousand dollars for the site, and -- because this is two lots -- MS. COOK: Correct. COMMISSIONER McDANIEL: -- if I'm not mistaken, and they are allowed to build a home on those two lots. MS. COOK: Correct. COMMISSIONER McDANIEL: And then there would be an additional expense associated with that $50,000 price that we're attributing to this value, and that should become -- in my mind, that should be a reduction in that expense associated with the developability of the site. They have to go off site for a certain period of -- or portion of mitigation. MS. COOK: And that is all -- would be all regulated by the state. So the quality of the wetlands, the amount of exotics on the site would determine that, and those values fluctuate with DEP based on development. COMMISSIONER McDANIEL: I'm aware of that. MS. COOK: Yes. COMMISSIONER McDANIEL: I would just -- again, we're doing it the way we've been doing it because this is the way we've been doing it, but I would like to give consideration to Conservation Collier's acquisitions to be an offset -- to be an offset to the free marketplace with regard to the developability of the site. That may -- that may assist us as we're -- as we're looking at future properties. Because we will be looking at future properties. The goal is to be buying environmentally January 9, 2024 Page 54 sensitive properties. And so this is just a different way of looking at it. I mean, right now we're -- necessarily, we're saying it's $50,000 an acre in that particular area if it were all high and dry and ready to go, and we're discounting it down because of an in excess of 75 percent to the $22,000 an acre in a global fashion, but we're still paying that. MS. COOK: Correct. COMMISSIONER McDANIEL: So it would be interesting to see from a free-market standpoint that someone would buy that, and then -- and then we should -- someone should ascertain what that mitigation expense would be to be able to develop my one acre on that piece of property, or quarter acre, whatever I needed to mitigate for, as an additional expense associated with that acquisition. CHAIRMAN HALL: So -- COMMISSIONER McDANIEL: I'll make a motion for approval as we go. CHAIRMAN HALL: We have a motion by Commissioner McDaniel. COMMISSIONER LoCASTRO: I'll second it. CHAIRMAN HALL: Second by Commissioner LoCastro. All in favor to approve, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN HALL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. COMMISSIONER LoCASTRO: Mr. Chair, can I just make a comment now that we've approved it? Ms. Cook, I just wanted to thank you for how aggressively January 9, 2024 Page 55 you've really accelerated this program. You know, all five of us took a lot of heat when we made some aggressive changes to the Conservation Collier Program because we weren't happy with 60 million sitting in the bank and five million over two years’ worth of parcels coming to us. We've purchased more parcels here probably in the last what, four, six months than maybe has been done in years. So, you know, we're on the right track, and I know you also spent a lot of time with each of us. You know, you were in all of our offices yesterday talking about this. And so, you know, people can say what they want on the outside who maybe don't fully understand the program, but the bottom line is -- and I've said it before -- our job's not to collect taxes from taxpayers. Our job's to manage that money properly. And in the last few months, I'm really pleased, and I think I speak for all of us up here. And we haven't bought all the parcels, so it's not a matter of rubber stamping them, but we don't have a crystal ball either. So they need to come to us with a lot of background and all the data that, you know, you've provided, and then we need to make a judgment call. And, you know, we're finally doing that, and I think that's what the taxpayers voted for years ago, a few years ago, when they, you know, wanted to see this program successful. It's definitely on the right track and -- you know, in no short part, you know, due to your efforts, so thank you. MS. COOK: Thank you. I appreciate that. COMMISSIONER LoCASTRO: Yes, ma'am. MS. COOK: To kind of go to your point, I think since Conservation Collier moved over to Growth Management, I think we've acquired -- closed on 150 acres, spent about eight and a half million dollars in the last five to six months. January 9, 2024 Page 56 COMMISSIONER LoCASTRO: Yeah. MS. COOK: Thank you. CHAIRMAN HALL: Scrub-shrub. MS. COOK: I'll get it. Thank you. CHAIRMAN HALL: County Manager. Item #10A CAT BUSES CHANGING THE TRAFFIC SIGNALS TO STAY ON SCHEDULE (PER COMMISSIONER SAUNDERS DURING AGENDA CHANGES) – DISCUSSED MS. PATTERSON: Commissioners, we have about 10 minutes until the court reporter break. I see Mr. Khawaja and Mr. Ahmad are in the back of the room. Perhaps now would be the right time to talk a little bit about the buses and the traffic lights so that we don't start the sports complex presentation only to stop for the court reporter break. So if Trinity and folks would like to come up. MS. SCOTT: Commissioners, for the record, Trinity Scott, Transportation Management Services department head. Just for clarification with regard to our traffic signals, there are different things that can happen with a traffic signal, and one is a preemption of the traffic signal which we have with our fire trucks as well as our ambulances and that is, essentially, where you will see the light start flashing, and that light will stay green until those apparatuses get through that intersection so they can get to their call more efficiently, particularly in our congested time frames. There is a second opportunity called signal priority that -- gee, it's probably been nearly eight or nine years ago January 9, 2024 Page 57 Collier Area Transit applied for a grant through the Florida Department of Transportation to be able to install that on the Collier Area Transit buses, the fixed-route buses, to assist them in keeping their on-time performance, because one of the big things about a transit system is that reliability is a huge concern when residents and visitors are utilizing that. So signal priority, very different than signal preemption, is that it will allow the green time to be extended if we can accommodate it within the system, but it does not take over that entire traffic signal. Very different than preemption. So with that, Collier Area Transit received their grant. The Board approved the grant. We've also been working with the consultant to implement that. We're in a testing phase right now. We did actually just receive an email from a crossing guard in Golden Gate City who said that she had noticed something a little different, and so we're in the process of investigating that to be able to see if there's things that we can tweak within the system. But it is very -- preemption is very different than signal priority. And I have my technical experts behind me. I have Jay Ahmad, Transportation Engineering director, as well as Tony Khawaja, our chief engineer for Traffic Operation, if you'd like to get some more details about that. CHAIRMAN HALL: Any questions? COMMISSIONER SAUNDERS: I've got a question. COMMISSIONER McDANIEL: I'll go second. CHAIRMAN HALL: Commissioner McDaniel. COMMISSIONER McDANIEL: Let Commissioner Saunders go first. CHAIRMAN HALL: Okay. All right. COMMISSIONER SAUNDERS: Like I said earlier, I was January 9, 2024 Page 58 at a meeting last night, and there was a gentleman there that indicated that he had observed the lights change, and they would -- it would go from red to green, and then on the other side it would go from green to red without any yellow signal, and he's witnessed a couple accidents. And then I got a letter -- an email this morning from a different crossing guard basically saying the same thing, that one of our buses would go through, and the lights do something that they've not seen before, and they've noticed and witnessed accidents. And so I guess what I would ask the Board and the staff to do is to take a look at this. These are -- I'll get you the emails. But if we're doing something -- I understand the need to have our buses on time, but if they're creating some traffic problems or accidents, then we need to be aware of that and need to deal with it, Mr. Chairman. So that's all I know about it is what I heard last night. MR. KHAWAJA: I agree with you 100 percent. For the record, my name is Anthony Khawaja, chief traffic operations engineer. We never compromise in safety and operation of the traffic signals. We would never be able to go from a green on one side to a green on the other side without going through the proper clearances. There is a device that's called the malfunctioning unit which is -- a lot of people call it the watchdog which would prohibit a signal from displaying two conflicting movements without the clearance period. So we always would go -- from green, we would always go to a yellow, then to an all red period before being through -- serving a conflicting movement, and that's if we have preemption or if we don't have preemption. The bus preemption is -- the bus priority, it's not really a January 9, 2024 Page 59 preemption. It uses the same device, but it's a priority. The bus priority is a little bit different than an emergency priority. The bus priority is -- it's programmed to have intelligent [sic] on the bus as well as the traffic signal. Unless the bus is behind and running late, the bus does not request service, and the service does not occur unless we are at a certain point on the traffic signal that we can service it. So if we cannot service it, we would skip it because it's very important for the bus not to do anything that would disturb coordination and the traffic signal operations. So we would only add -- we have it -- today we're still monitoring, and we might do other settings. But today we have it set up to either increase the green by seven seconds to allow a bus that's running behind and he's coming at the end of the green to go through the intersection, or if he is coming and waiting and he's behind, to shorten the side street green by no more than seven seconds. And neither one of these cases would -- should cause any safety issues. What the guard -- I read the email -- and seems to have seeing is they see the confirmation beacon. What we do for the fire trucks and ambulances is we have a flashing solid. It's like a floodlight that lights up when an emergency vehicle's approaching. And the intent of that floodlight is to tell the fire truck that we got them, we captured his request, and we're processing it internally to see when we can serve him next. Because if the walk was on, you know, and we are serving the walk, that truck would have to wait till the walk is fully serviced. Even if it's 40 seconds, that fire truck or emergency truck will not preempt the traffic signal because safety is our first priority; so we would not do that. The thing is, if he -- if we are serving normal traffic, we January 9, 2024 Page 60 would go -- we would try to get him the green as soon as possible. And some phases we can shorten. You know, we can shorten the green, but we always would go through a yellow plus an all-red period, then service the opposing movement or service that truck. For -- for low priority, we do not preempt the signal. It's always add a little bit of green in case they are running late or take away some short amount of green from the side street if we can -- to bring the green early for them to get them through the intersection quicker. COMMISSIONER SAUNDERS: If I could, then -- Mr. Chairman, if I could get to staff the emails; if you could get those from Sue Filson. MR. KHAWAJA: Yes. COMMISSIONER SAUNDERS: Get the emails and -- MR. KHAWAJA: And we'll contact county commissioner. COMMISSIONER SAUNDERS: Just take a look at it because that's -- MR. KHAWAJA: Absolutely, absolutely, for sure. CHAIRMAN HALL: Commissioner McDaniel. COMMISSIONER McDANIEL: Yes. How many buses have this prioritization methodology? MR. KHAWAJA: Right now there are two, but the service -- what they need is an emitter similar to the emitter that sits on the fire truck or the ambulance. But it uses a different frequency which tells our signal that this is not a high priority; it's a low priority. COMMISSIONER McDANIEL: And the -- MR. KHAWAJA: And the intent is to put it on all their buses. COMMISSIONER McDANIEL: So let's keep it on the two January 9, 2024 Page 61 that are there for the testing -- MR. KHAWAJA: Yes. COMMISSIONER McDANIEL: -- unless it messes -- I see Trinity getting all up on this. I've got -- you know, other than all five commissioners getting a preemptive one in our own personal vehicle -- I would really like that -- but I think this is -- I have a concern with this -- because the second part of my question is, this messes with our entire system. Our entire system is integrated. When -- I know that traffic signalization, there's a -- there's a spell from a period of time that an emergency vehicle goes through one of our intersections, there's a period of time there before the light -- before the system reboots and goes back into management process. And I'm wondering, just with what some of the citizenry is seeing now, that maybe we ought to do some further testing on this that -- just to make sure that it is properly integrated. That's a first thought. And then the second thought is, is it AI that's managing whether the bus is late or not, or is a driver? MR. KHAWAJA: No. The intent is to take that away from the driver so the driver is not making a request. It's AI. COMMISSIONER McDANIEL: That makes me feel a little bit better, as long as the system is -- one system is talking to another, that allows for less of human impact. MR. KHAWAJA: Right, right. We don't want the driver to make the decision. We want the vehicle to be -- if it's running behind, it knows its schedule, it knows that, hey, I'm five minutes behind. I'd like to catch up. And a lot of our buses -- we don't run a lot of buses in an hour. I mean, you know, our buses, the headway is very long in between, so -- and it does not preempt -- to your point, January 9, 2024 Page 62 Commissioner, it's not like what a fire truck will do. COMMISSIONER McDANIEL: I understand that. MR. KHAWAJA: We do not preempt for those. So it has to fit within the cycle length so we can maintain progression and maintain coordination. COMMISSIONER McDANIEL: That was a very good description. MR. KHAWAJA: It's a big difference. COMMISSIONER McDANIEL: Oh, it's a huge difference. (Simultaneous crosstalk.) MR. KHAWAJA: And we wouldn't do it if it's going to interrupt the flow. It does not interrupt flow. COMMISSIONER McDANIEL: Thank you. CHAIRMAN HALL: Thank you. COMMISSIONER KOWAL: I'm lit up. CHAIRMAN HALL: Oh, are you? Go ahead, Commissioner Kowal. COMMISSIONER KOWAL: Thank you, Chairman. You clarified that, that basically our buses, it already has to be a green cycle, just when he's approaching and if the system's activated, it just extends that green for a courtesy to him to make it through the intersection, and, then, of course, the other people that are in front of him; they get through. So it doesn't change the cycle in any way, our particular buses. But I know fire and EMS, you know, those actually can switch the light to help them get through the intersection. But when you had made a comment about, well, if the crosswalk is still lit, it won't allow it to switch or -- it's integrated to where it won't allow it to switch, but if I remember correctly, if you're running code, lights and sirens, you don't stop for a red light. You just make sure it's clear, and you get through. January 9, 2024 Page 63 So that's -- it's a courtesy that the fire and EMS have that, that it will turn green if they get there in time, but at the same time, they're slowing down and making sure it's safe enough to get through, and they're still going through the red light. And I think that's -- you know, I don't know where this intersection is. I don't know if it's the same exact one, all three incidents this happened. Maybe it's just a glitch in the system for that particular light. You know, I don't know. I guess we'll get more information on that. But I just know as a deputy we never had that luxury. You crossed your finger, said a prayer, and hoped you made it through the intersection. MR. KHAWAJA: And we don't give that to the Sheriff here as well. It is -- it's exactly like you describe it, Commissioner. The thing is, with the pedestrian phase, we don't know if somebody's in a wheelchair, and we can't just shut him off. And the fire truck is on its own or the ambulance to go -- to go through the intersection and go around whoever's doing the crossing. But we do not shorten the "walk" and the "do not walk" timing, and that stays red till it expires, and then we can serve them. But then he might be gone through the intersection already. COMMISSIONER KOWAL: Thank you. I just wanted to make sure everyone understood that. MR. KHAWAJA: You're absolutely correct. And just as a follow-up, we got the email about -- I have a staff going to double-check that location and make sure it is not doing something wrong. COMMISSIONER SAUNDERS: Thank you. CHAIRMAN HALL: Commissioner LoCastro. January 9, 2024 Page 64 COMMISSIONER LoCASTRO: Did I hear you right, you said you only have -- we only have two CAT buses that have that capability? Did you say only two? MR. KHAWAJA: No, that's what the commissioner said. I don't know how many they have. I only work on my part of the signal system. COMMISSIONER LoCASTRO: Okay. MR. KHAWAJA: How many buses they have that they equipped with that is -- I'm not sure. COMMISSIONER LoCASTRO: Do you know, Ms. Scott, how many of our buses have it? MS. SCOTT: I don't know. We have approximately 20 fixed-route buses. It would be on all of the buses ultimately because buses are not assigned to a route. Buses go on different routes all the time. So, particularly, if you were looking at, say, U.S. 41 which is probably a route that probably runs behind a little bit more often than other routes, you wouldn't want to have a bus out there that wouldn't have the technology on there. But as Tony has stated, is from a traffic operations perspective, we really paint that -- paint them into a box, paint transit into a box of if this has to occur, this has to occur, and this has to occur. All the conditions have to be right for it to be able to even get that extension of green time. COMMISSIONER LoCASTRO: And I know this isn't in your job jar, but I'm -- is it a good assumption that that technology isn't in any school buses to be able to do that, right? MS. SCOTT: It is not on any school buses. COMMISSIONER LoCASTRO: All right. Thank you. MS. SCOTT: And for the record, we turn every red light red for Commissioner McDaniel coming in. January 9, 2024 Page 65 COMMISSIONER McDANIEL: Let the record reflect. MR. KHAWAJA: It's no accident. CHAIRMAN HALL: Thank you, all. COMMISSIONER McDANIEL: Just as a public service announcement, 252-5000. There's a big steel box at every single intersection. We're 400,000 sets of eyes and ears that traverse our community. These folks need assistance. I went on two -- through two intersections yesterday, made a phone call, a person picked up the phone, and I gave two intersections where I perceived there were circumstances that were going on; the left-hand arrow was only letting two cars through on a two-lane left turn. And so -- and they welcome that input from our citizenry. So it's -- that's a public service announcement. Call that number if you're out and about and you see an issue you're perceiving. Call it. CHAIRMAN HALL: Great. All right. Court reporter -- MS. PATTERSON: Court reporter break. CHAIRMAN HALL: All right. So we'll break -- it's 10:35. We'll come back at 10:45, if that's okay. (A brief recess was had from 10:35 a.m. to 10:46 a.m.) CHAIRMAN HALL: Let's get that ball rolling. Item #11D PROPOSED FACILITY LICENSE AGREEMENT AND ADDENDUM BETWEEN FC NAPLES USL, LLC, USL PRO-2, LLC, AND PARA SFM, LLC, AT THE PARADISE COAST SPORTS COMPLEX. (DAN RODRIGUEZ, DEPUTY COUNTY MANAGER) (ALL DISTRICTS) - MOTION TO APPROVE BY COMMISSIONER SAUNDERS; SECONDED BY COMMISSIONER HALL - APPROVED January 9, 2024 Page 66 MS. PATTERSON: Commissioners, that brings us to Item 11D. It's a recommendation to approve the attached proposed facility lease -- facility license agreement and addendum between FC Naples USL, LLC; USL Pro-2, LLC; and PARA SFM, LLC, at the Paradise Coast Sports Complex. Mr. Dan Rodriguez, Deputy County Manager, will begin the presentation. MR. RODRIGUEZ: Good morning, Commissioners. For the record, Dan Rodriguez. Thank you, Amy. The sports complex is absolutely no surprise to any of you on the Board. You've all been involved in giving staff direction to stick with the original vision of the sports complex, and that was to create a national tourism destination for sports activities but also to maximize its use not only by our visitors and residents here in Collier County but also the community sports leagues that we have here in Collier County. And through that, you hired Sports Facilities, a group to manage that, and to bring their expertise to do just that. And what we have before you is an agreement for a lease option to get an anchor tenant that will bring a national sport league to the county. Just to give you some quick background, back in November you actually gave direction to Sports Facilities to go and find a national sports league to come here to the sports complex. And as part of that due diligence, Adrian Moses and Jack Adams did exactly that. They did a national search. They reached out to their partners as well as people in the industry to find a group that would come here and bring a soccer league to Collier County. With that, the -- as you are aware, last Board meeting, the January 9, 2024 Page 67 staff provided you with a presentation that outlined that contract, and you gave some very good direction to staff on some enhancements to that contract. You had some very good questions about the timeline and about sharing of revenue and whatnot. So with that, I'm going to turn the presentation over to Adrian Moses who's going to go through some of that. And just for the record, just to let you know, staff, including our contractor, Sports Facilities, has worked directly with the County Attorney's Office. Both Jeff Klatzkow and Scott Teach have put a lot of hard work in this, as well as with our County Manager and the Clerk of Courts to get her feedback -- or their feedback, I should say. And so what you have before you is what I believe is a well-vetted contract that meets a lot of those expectations. With that, Adrian Moses. MR. MOSES: Good morning, Commissioners. Adrian Moses representing Sports Facilities Companies as the general manager of the Paradise Coast Sports Complex. Happy New Year to you. Thank you, Dan. We've come a long way here to get to this point. It's no small -- no small undertaking to put a first-ever professional franchise into Collier County, and we're very proud to present this. The presentation we made in December outlined 90 percent of the things that we all agreed upon, and then there was a few updates that we took and worked diligently over the holiday period. Thank you to Scott and to Crystal for -- and Crystal's staff to working diligently with us to make this a reality. So the first one was moving from a net revenue split for concession revenue to a net [sic] revenue split, and we came to January 9, 2024 Page 68 agreement with the team operating on that. The other one was incorporating a CPI index for the option that the team operators could exercise to have once those came available. I'm looking at Commissioner McDaniel. COMMISSIONER McDANIEL: And maybe you misspoke, but it went from net to gross, not net to net. MR. MOSES: Yes, sorry. COMMISSIONER McDANIEL: That's all right. Because that was one of the -- that was one of my buttons, and so we -- we moved to a gross. MR. MOSES: Thank you for correcting me. That was a misspeak from my point right now. But those recommendations have all been taken into account. Both on concessions and on parking, we moved to that model based upon the recommendations there. So those recommendations were made, added into the agreement. To review what the objectives were: Having an anchor tenant in the stadium, providing consistent revenue over the summer months, which is the majority of the season for United Soccer Leagues. Showcase Collier County as a sports tourism destination. This team will travel away to multiple markets that we don't currently advertise in -- advertise the destination in. Also, it will be placed on national TV in the form of streaming on ESPN Plus and on national TV broadcast and domestic cable and CBS. That's not every single game. It will be select games. But it will be the only league that is -- soccer league that is broadcast on domestic cable. And it's obviously an increase in revenue to the sports complex in periods -- in months that -- recently I presented our annual review, and the months that we aren't as successful are the -- are those summer months. So it gives us a bump there. January 9, 2024 Page 69 The impact to the local economy is going to be consistent, and that comes in the form of additional hotel revenue and things like transportation excursions that visiting team supporters will be able to do. And, finally, the X factor of this is to build some civic pride, to build community activity for families to do. And leading onto that, the team ownership group is here in attendance, and they've committed to going to community committee for team naming and things like that. They want to engage the community fully in making sure that this team becomes a fabric -- part of the fabric of our local community. The key points of the agreement: To remind you the initial term is an eight-year term with a possibility of increasing that over renewal options of four years at a time leading up to a 20-year total term. That's mutually beneficial to the team who is making a very large investment into our community. Team operator is going to pay a base use for stadium rates. That's based upon a schedule that is predetermined. That doesn't -- it doesn't preclude us from using the stadium for other activities and other prebooked events. There's a guaranteed investment from their sponsorship sales activity, and then there's other auxiliary revenue opportunities such as concessions and parking that we've already discussed earlier on. The recommendation on behalf of Sports Facilities Companies and the County Manager's Office, if I speak on their behalf, is that the Board [sic] recommends the Board to approve the contract that we have with FC Naples. CHAIRMAN HALL: Thank you, Mr. Moses. MR. MOSES: Any questions? CHAIRMAN HALL: Commissioner Saunders. January 9, 2024 Page 70 COMMISSIONER SAUNDERS: I think -- and this may be in here, but I had mentioned when we were talking about this a few weeks back that I thought that there should be some escalator in the fee, because $100,000 plus or minus now means something, but in 20 years from now it doesn't. I didn't see that. That doesn't mean it's not here. I just didn't see it. MR. MOSES: Yeah. It's been added in the form of the CPI index. That is something that Jack Adams can speak very clearly to. Jack, do you mind -- MR. ADAMS: Not at all. For the record, Jack Adams from Sports Facilities Companies. There is an escalator in there, a CPI escalator. COMMISSIONER SAUNDERS: Can you -- MR. ADAMS: Point to it? COMMISSIONER SAUNDERS: -- direct me to it or what that language says? MR. ADAMS: While we continue, I'll find it. COMMISSIONER SAUNDERS: And then also, just for the County Attorney, Scott Teach here? I think he's -- MR. KLATZKOW: No, he's out. COMMISSIONER SAUNDERS: Is he? Okay. I guess my only question to the County Attorney is, it's hard for us to know that this is a good agreement. I don't think I have any issues with it, but I want to get your opinion. You guys were involved in the negotiations and the drafting. So what is your legal opinion? Obviously the policy issue is for us, but have you had a chance to kind of evaluate the whole agreement? MR. KLATZKOW: The one provision I would prefer be in the agreement -- but we don't always get what we want; we get what we need -- is I would like to see a right for the county to January 9, 2024 Page 71 terminate this if worse comes to worst. It could be by cash payment or whatever. As a structure, this is a 20-year agreement. You've got your first initial term, but then the soccer team has multiple renewals options. And it's their options, not ours. So this is a 20-year deal. It's a long commitment. I always say it's like a prenup almost kind of thing. Like what happens if things turn sour on us; can we get out? And right now, we cannot get out. COMMISSIONER SAUNDERS: There's no termination even for cause? MR. KLATZKOW: I don't know how you'd have cause, but you can always terminate for cause. But it's -- if, for example, the county, years from now, wants to decide to sell the sports complex and do something else with it, this would make it difficult. COMMISSIONER SAUNDERS: And I understand why they would not want to have termination at the free will of the Commission, because that means they really don't have a binding agreement other than the termination period. So I understand that. And if you're saying that we can still terminate for cause, that I think your words were "you can always terminate for cause," then I think I'm pretty comfortable with that. Again, understanding that from their perspective, termination at will by the Board would be unacceptable. And I certainly understand that. MR. MOSES: Could I add to that? I think -- I think, Commissioner Kowal, you had some questions about some comparisons. COMMISSIONER KOWAL: Yes, sir. MR. MOSES: About where we came to. So in January 9, 2024 Page 72 2025 -- USL is a growing league. It's an exciting league to be a part of. There are two other expansion teams in 2025 as well as Naples. One is in Queensboro, New York, and one is in Portland, Maine. To give you some examples, the Portland, Maine, is a 15-year agreement where the team retains the options. Their deal is that they use the facility rent free for that. Their part -- their deal is that they pay a $1 million capital investment to get 10 years of free rent. Part of their deal, they estimated that the rental rate for the facility was $128,000 a year. That's their local city. Approximately, they're expecting about $30,000 in advertising revenue. So in terms of apples to apples, a team that's coming into the league at the same time, you can see that the position that we've taken as Sports Facilities Companies in negotiating this deal was a very strong one. In New York, it's a little different. The team are looking to actively purchase some land to build their own stadium, so their deal is a five-year lease with four one-year options, which are their options to take on board. They're paying a one-time $2 million fee to, I think, Queensboro. And on top of that, they only get 15 percent of any advertising sales from the team. So that is apples to apples. There was one other example I found of a similar kind of agreement. Very -- they're very different all between each individual team whether they own the property they play in or they have it from a city or from a council. Rochester Rhinos in New York, their initial contract was a $50,000 rental every year for use of the stadium in that city. So there's some real-time examples of comparisons January 9, 2024 Page 73 between -- between teams that are coming into exactly the same league at exactly the same time. CHAIRMAN HALL: Commissioner McDaniel. COMMISSIONER McDANIEL: Thank you. I have similar concerns to Commissioner Saunders with regard to the longevity of this agreement. And the way I'm reading it, the really only way we have to get out is if there's a breach in the agreement somehow, someway, and that would be for cause. And, of course, we would have to suffer the consequences of litigation because whenever that happens, people lawyer up. I can understand the concern of a future board not wanting to stay in the transaction just from a political standpoint. I asked a question yesterday, and I didn't get an answer, and I didn't ask it of senior staff. I asked when the Clerk and I met. Is this agreement assignable? Is this lease agreement assignable if these folks that are -- if these folks that are starting this professional team, if they were to sell? MR. KLATZKOW: They can assign it to another team if they sell. So you would have another team in this league come in and take over. COMMISSIONER McDANIEL: Is it at our discretion, or do they just have the right to do that and we get to take who they sell it to? MR. KLATZKOW: No. They have -- they have the right -- I'm just reading it quickly. They have the right, without our consent, to assign this agreement to another entity with league approval. COMMISSIONER McDANIEL: Adds to my concern with the longevity. And then, third, my question -- the other question is, has January 9, 2024 Page 74 anyone looked -- is there a pro forma at all? Because I have a delineation here of the proposal, and I see money from the operator or to the operator and from the -- to the team operator, but I don't see how much money is coming to the county. Is there an estimate as to what the county stands to make? Because I know we're going to -- through you, we're going to invest staff time, materials, maintenance. It's our duty, I think, per our agreement, that we -- we're responsible for the ongoing upkeep and maintenance of this facility. MR. MOSES: That's correct. Ultimately, if you look at, from our perspective as Sports Facilities Companies away from the county, if this wasn't in the best interest based upon our contract with Collier County, we wouldn't get into a deal like this. So there is a significant upside financially for the complex. Leading onto that as well from the fact that the funding does come from the county for the staffing and that kind of -- all of those kind of things. In the contract, the team operator is actually funding back all costs associated with game day activity. So, yes, the county are funding upfront costs for the game day operations, but the team is essentially footing the bill for that through paying that back to the county as a game day invoice. COMMISSIONER McDANIEL: And is there an estimate of revenue generation for the county? MR. MOSES: Yes, there is. It's been shared with staff, and we can share it with you. COMMISSIONER McDANIEL: Okay. CHAIRMAN HALL: Commissioner Saunders. COMMISSIONER SAUNDERS: This is a question for the County Attorney, because maybe I'm confused. Paragraph 29 of the agreement talks about the team operator shall not assign this agreement or any part thereof without the prior consent in writing January 9, 2024 Page 75 of the licensor. So -- MR. KLATZKOW: When you go further in the paragraph, notwithstanding the foregoing, they have the right and so forth. COMMISSIONER SAUNDERS: To another team? MR. KLATZKOW: To another team. COMMISSIONER SAUNDERS: So they can't just assign this agreement to another -- MR. KLATZKOW: No. COMMISSIONER SAUNDERS: Once they have the same team -- MR. KLATZKOW: We're essentially getting a team into a particular league -- COMMISSIONER SAUNDERS: They can't sell the agreement. MR. KLATZKOW: -- and we could take another team within that particular league. COMMISSIONER SAUNDERS: Okay. And we are the licensor. So we would control the assignment in general; however, if it's an assignment to another team, then we live with that. MR. KLATZKOW: That's correct, sir. COMMISSIONER SAUNDERS: Again, I don't know that I would have any problem with that. COMMISSIONER McDANIEL: Okay. CHAIRMAN HALL: So while I understand a lot of these concerns, it's kind of a different bird, because the owners are going to put -- they have to have an asset to create their business, and it's not like they're just a tenant at will where they're just going to use -- you know, they're going to create -- they're going to create a brand. They're going to create a culture to bring to Collier County, a soccer league, a pro soccer league where their January 9, 2024 Page 76 teeth are sunk in the deal in another fashion other than just with the lease. So, yes, you know, the Clerk's concerns about this is unprecedented. You know, normally we have a way out or whatever -- but I think in good judgment, there's -- there's things like -- of what it could be, and then there's things of what it's likely to be. And I think with this particular situation and this particular transaction, I'm really comfortable with the way things are likely to be because I can see in the near future a real soccer culture coming behind this team. You know, whether they call it the Naples Fireballers or the Naples Palm Tree. I don't know what. You know, the public will consider that. But I love their attitude. They're in it to win it. Number one, the league won't allow them to have language that just willy-nilly allows any board to nip it in the bud. And so I think, you know, more importantly, I think that we could get behind them with this lease. I like the way -- I like everything about it. Except for the un -- the uncanny part of it, but I'm willing to live with that because my faith is behind these guys. And, there again, if they don't perform, things are different. But if they do, we get behind them, and we have a real win-win situation. Besides all that, I know their attitude, and their attitude's, "Winning is not everything; it's the only thing." So with that, any other comments? Can we get -- Commissioner Saunders. COMMISSIONER SAUNDERS: Thank you, Mr. Chairman. We have an agreement with our management company that basically says we can terminate their agreement with 90 days' notice without cause, just as a -- for whatever reason we want to come up with, or no reason. And so they know that, we know January 9, 2024 Page 77 that, and based on that, I'm sure they've done their due diligence to make sure that this group that we're going to be dealing with isn't going to embarrass them, our management company, because if they do, that's going to fall on you guys. And so I'm comfortable with the agreement. I agree with you, Commissioner Hall, that this elevates this Paradise Coast park to something a little different than what we had anticipated originally but certainly within the -- within the scope of what we were planning for this facility. I think soccer is probably the number-one sport in Collier County. It's probably going to be one of the top sports, if not the number-one sport in Florida. And so I think this is a -- this is a great deal. I think it really, again, elevates the use of this facility. You're 100 percent correct in terms of having some identity with a professional team I think will elevate the sport in our county. And so unless somebody else has anything to say, I'll make a motion to approve going forward with it. CHAIRMAN HALL: And I'll second it. All in favor to approve, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN HALL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN HALL: All opposed? (No response.) CHAIRMAN HALL: Congratulations. Motion approved. (Applause.) Item #11E January 9, 2024 Page 78 AN UPDATE REGARDING THE RESULTS OF THE RIVIERA GOLF ESTATES STRAW POLL SURVEY DISTRIBUTED AND TABULATED BY THE COLLIER COUNTY SUPERVISOR OF ELECTIONS AND PROVIDE DIRECTION ON HOW TO PROCEED. (ED FINN, DEPUTY COUNTY MANAGER) (DISTRICT 4) - MOTION TO NOT CREATE A SPECIAL DISTRICT BY COMMISSIONER KOWAL; SECONDED BY COMMISSIONER – APPROVED MS. PATTERSON: Commissioners, that brings us to Item 11E. This is a recommendation to accept an update regarding the results of the Riviera Golf Estates straw poll survey distributed and tabulated by the Collier County Supervisor of Elections and provide direction on how to proceed. Mr. Ed Finn, your Deputy County Manager, will begin the presentation discussion. MR. FINN: Thank you, Ms. Patterson. Mr. Chairman, thank you, sir. Congratulations. Commissioner LoCastro, thank you for your service. Troy, if you could pull up the one that says REV in front of it, please. In any event, while that's spinning up, I will speak to this. We're returning to you today to give you the results of the straw poll survey that the Supervisor of Elections conducted on our behalf at Riviera. I have a presentation that goes over a little bit of the history, and I'll be happy to go over that, or I can jump right to the conclusion, and then we can talk about next steps if you'd prefer, sir. CHAIRMAN HALL: I'm all about the conclusion and the next steps. MR. FINN: All right. Troy. If you go to today's agenda, January 9, 2024 Page 79 there's an item. MR. MILLER: I'm working on it, sir. We're having an issue, sir. MR. FINN: Okay. COMMISSIONER McDANIEL: Have you got a frog in your pocket? MR. MILLER: No, sir. MR. FINN: In any event, the survey results were tabulated and conveyed to staff on December 18th. Of 690 surveys mailed, 475, or 67 percent, were returned. Four hundred fifteen of those, or 87 percent, voted no. Sixty of those voted yes. The agenda item talks about the options going forward. Should the Board not elect to proceed with the purchase, the settlement agreement will become null and void, and the property owner could proceed with a form of Bert Harris lawsuit. If a lawsuit is filed, parties will be required to participate in mandatory settlement mediation. Should that not result in an agreed-upon settlement, the County Attorney has indicated that he will request La Minnesota make a settlement to the Board -- settlement offer to the Board. And among other possibilities, the property owner could request what their initial Bert Harris claim alleges, which is that they may be allowed to develop 346 residential units. Unlikely, but the Board could choose to proceed with the creation of a special district and purchase the property. Similarly unlikely, the Board could also consider exploring a purchase partnership with the Riviera homeowners association. With that, I'll be happy to attempt to answer any questions. Or if there are some public input on this, perhaps we could entertain that, and I can come back up and then attempt to answer any questions you may have. January 9, 2024 Page 80 CHAIRMAN HALL: Commissioner Kowal. COMMISSIONER KOWAL: Thank you, Chair. I've been very close to this whole situation since I had the opportunity to take over District 4, and I just want to definitely thank the manager's office and her staff and the attorney's office and his staff and basically thinking outside of the box and working with the people of Riviera Golf Estates on this situation they've been faced with for several years now. And, you know -- and that's how we came about to this point in today, distributing the straw poll and getting the feeling and the voice of the people that live in that community and the temperature on what they feel about moving forward in this particular situation that we had the opportunity to maybe explore. And I think with the overwhelming 87 percent not participating in this moving forward, I believe that I'd like to just make a motion now and just basically table what we've entered into and move on and not look any further into this particular portion of it, building any type of taxing district where this would carry on any further in the direction it was going in this negotiation. So I'd like to make that motion now. COMMISSIONER SAUNDERS: I'll second that, Mr. Chairman. CHAIRMAN HALL: Okay. Do we have -- we have some public comment? MR. MILLER: Yes, we do, sir. Your first public speaker is Tricia Campbell, and she's been ceded three additional minutes from Kimber Perala, who is sitting right there. She'll have six minutes, and she will be followed by Scott Soderstrom. MS. CAMPBELL: Happy New Year. Another year with Riviera. Aren't you guys lucky? January 9, 2024 Page 81 As president of Riviera Golf Estates, I come before you today to thank you for making the effort to conduct a straw poll to gauge our community's support for the proposed settlement agreement. While the results of the poll show the vast majority of our respondents to be against the agreement, I want to assure you that our collective negative vote was mainly based on the lack of cost sharing for the settlement and repairs required to the drainage system but not necessarily on the proposed concept and structure of the agreement. Accordingly, we understand that promoting or opposing the possible structure of a new agreement is quite premature at this point; however, we want you to know the RGE board believes that a vast majority of our community would respond favorably to a modified proposal that brings the property acquisition costs to RGE homeowners down within the range of the appraised value as an undevelopable floodplain and golf course. We believe this because a majority -- just short of a supermajority voted for negotiations to pursue the purchase of the golf course land at this price point in 2018. That being said, we understand that what happens next is uncertain, and it will still -- it is still up to you to decide how to respond to the straw poll result and the imminent expiration of the agreement upon which it is -- it was based. But please be assured that we at Riviera see this moment as the beginning, not the end of the process that will enable the county and Riviera Homeowners Association to forge a collaboration that will assure the property's stewardship of the former golf course property by and for the people who hold it dear to their hearts, the senior citizens of our community. Therefore, I asked the Board to view the results of the straw January 9, 2024 Page 82 poll as an important reference point but by no means a rejection of the concept of the county and RGE working together to put this land at its best possible use while preserving the floodplain which it ensures for our community. So in the interest, please be assured that as this next chapter of the golf course property controversy unfolds, we at RGE remain open and willing partners to a viable solution. Thank you. MR. MILLER: Your next speaker is Scott Soderstrom, and he will be followed on Zoom by Katie Berkey. MR. SODERSTROM: Good morning, Commissioners. I'm Scott Soderstrom. I live at 148 Estelle in Riviera Golf Estates. I am a licensed professional engineer with 42 years of experience. I am a licensed Florida professional engineer. I am a veteran of the Civil Engineer Corps of the United States Navy, and I want to provide you some engineering information that I hope is helpful for you to ascertain what's going on with the current condition. So a few notes. FYI, there is an outstanding Collier County code violation dated April 6th from the county against LA Minnesota concerning the Riviera Golf property which states, with my professional opinion, the water management areas are not maintained by the owner. Swales/ditches, which are five miles long, are improperly maintained at most locations. The result is causing negative, improper water flow causing flooding and long-term ponding causing mosquito issues near residential areas. LA Minnesota, the owner, since ownership, has only cut some of the tall grass. Deferred maintenance has resulted in the necessity for major repair/reconstruction of the drainage system now. January 9, 2024 Page 83 In the code violation, it also states the order to correct the violation. It says, with my professional opinions, LA Minnesota is directed to return all drainage swales bordering the golf course to original site plan. This basically consists of a 2-foot ditch bottom, 3-to-1 side slopes with positive drainage flow to the drainage structures which are the catch basins and culverts. Secondly, LA Minnesota is to repair and replace all non -- or poorly functional sewer pipes, culverts, and drainage systems connected to the drainage swale system. Most of these pipes that I observe are in bad condition. The metal pipes are badly rusted, the concrete pipes are badly deteriorated, and I believe some are unreinforced with steel. Neighboring adjacent Collier County street storm sewer drains -- they drain to the RGE golf course. The RGE golf course serves as an important water retention and floodplain for these Collier County streets and surrounding RGE community. I have personally witnessed a lot of this flooding, and a lot of it ends up on the golf course and on the streets. In conclusion, there's been no maintenance to this RGE golf course in the last few years from the current owner. The result is repairs and reconstruction of the system is now required. As a licensed professional engineer of 42 years, I ask that an independent engineering study be performed. I estimate at least a million dollars in repairs. Please save this crucial floodplain drainage system for both the RGE residents and for Collier County. Thank you for your time. MR. MILLER: Mr. Chair, your final registered speaker for this item on Zoom, Katie Berkey. Katie, you're being prompted to unmute yourself, and I see you've done that. You have three minutes. January 9, 2024 Page 84 MS. BERKEY: Yes, good morning, Commissioners. This is Katie Berkey, for the record, at Becker & Poliakoff representing Riviera Golf Estates Homeowners Association. First and foremost, I'd like to take a moment to thank the Board and county staff for their time and attention to this very important matter over the last several months and for conducting the straw poll survey. To underscore Ms. Campbell's earlier remarks, the poll results are not reflective of a lack of support for a concept of purchasing the golf course and protecting it from redevelopment. It is unfavorable with respect to Riviera Golf Estates homeowners absorbing the cost to acquire and absorb the ongoing maintenance and the corrective work that Mr. Soderstrom just alluded to as well solely on their backs. So consistent with my letter from yesterday that went out by email, we implore the Board to consider alternative options to purchase the golf course property in partnership between the county and the association. And in the alternative, if it were the Board's pleasure to contemplate settling the Bert Harris claim in any manner that would circumvent the public hearing process, the Land Development Code, or the Growth Management Plan in the form of granting density or intensity for the subject property, that, of course, would be extremely detrimental to the association and its residents and they, of course, would not be supportive of that option. We hope the Board will consider continuing to think outside of the box to identify a solution that could bring the costs down to Riviera homeowners while still solving the pressing issue of what will become of the golf course next. As I mentioned in my letter from yesterday as well and from an earlier letter back in February of last year, I'd like to reiterate, January 9, 2024 Page 85 again, that the notice from the property owner for the Bert Harris claim is deficient for the many reasons we outline, one of which is the appraisal that was included with the notice doesn't take into account the open noncompliance matters that Mr. Soderstrom discussed during his remarks as well, and it's unripe. The owner hasn't made an application, has only gone through the ITC process, and hasn't filed for a rezoning relief. So those are just a few of the reasons why it would be premature to settle in a drastic way in the form of entitlements as well. Thank you again for your time. CHAIRMAN HALL: Thank you, Ms. Berkey. Commissioner Kowal. COMMISSIONER KOWAL: Yeah, thank you, Chair. I would like to ask staff -- I know we, several meetings back when we were in the infinite [sic] stages of this, we had directed or asked Code Enforcement to -- we had a specific person assigned to that particular golf course and the drainage issues. Is there anybody on staff that can maybe shed some light on what Mr. Soderstrum was referring to and where we are in that process? MR. FINN: Yes, sir. I'll ask Mr. French to come up here. My understanding is there is a code enforcement action that was held in abeyance as part of the negotiated settlement that we're getting ready to declare null and avoid, but I'll allow Mr. French to speak on that. COMMISSIONER KOWAL: Thank you. MR. FRENCH: Thank you, Mr. Finn. I brought some guests with me to talk about the stormwater piece as well as any of the environmental concerns. There was an open code case on this property. It has since been closed. We have been in contact with the property owner January 9, 2024 Page 86 representative. Code Enforcement's monitoring it. They are actively mowing it. I believe they're keeping their grass below 18 inches, so that's it at this point. The swales themselves are not mow-able, so there's no way we could require them to go in there and maintain those. I know Ms. Scott is here, and she can address the stormwater concerns as far as the ditch, but you currently do not have an open code case on this property, at least that we've found, and I did speak with your Code Enforcement director that was here earlier. We cut him free a little too early, I guess, and -- but he is looking into the matter as well. MS. SCOTT: For the record, Trinity Scott, Transportation Management Services Department head. While the county has been exploring the potential of a settlement, if you will, and working with the homeowners association, we have been monitoring the area closely, particularly through our rainy season or lack thereof rainy season, really, this year. And we did perform a few areas of maintenance where the swale previously had been overgrown, and we had gone in and did some nominal areas of maintenance to continue to keep the water flowing to the ditch to address roadway flooding. So we did do that during this time frame; our road maintenance staff did work on a few items. CHAIRMAN HALL: Commissioner McDaniel. COMMISSIONER McDANIEL: Are you done? COMMISSIONER KOWAL: Thank you. COMMISSIONER McDANIEL: Is it the county's responsibility to perform those maintenance issues, or is it the property owners’? MR. FINN: Sir, that -- it's our view that is the property owner's responsibility. That has been our consistent view on January 9, 2024 Page 87 that. As Trinity mentioned, it was authorized in the agreement for us to do the nominal maintenance, emergency maintenance, if you will, that was referenced here. So there has been considerable effort expended on that. Not a ton of funds, but certainly it's been a key focus area of Trinity's folks. COMMISSIONER McDANIEL: Okay. And the other question, I just wanted a clarification. Basically our motion -- your motion today is to reject the settlement offer that's been brought forward? COMMISSIONER KOWAL: Yes. COMMISSIONER McDANIEL: Okay. COMMISSIONER KOWAL: And I'd just like to say that's still my motion, and that once we have a vote, either it's up or down and we can move on from today, then if we do, depending on the vote, exit this agreement, I would strongly urge that our code and our staff get back on monitoring the situation, because I guess it sounds like we had a little lull in it, depending on how this outcome was going to come about and, you know, who was going to pay for what. So I would strongly recommend if this ends today, that we get back and have our Code Enforcement and bestly take a look at these drainage issues in the community. MR. FINN: Yes, sir, that will happen. COMMISSIONER KOWAL: Thank you. MR. KLATZKOW: The agreement becomes null and void if the Board does not create a special district. COMMISSIONER KOWAL: Correct. MR. KLATZKOW: And my understanding from your motion is that that's exactly what we're doing; we are not creating the special district. COMMISSIONER KOWAL: Correct. January 9, 2024 Page 88 CHAIRMAN HALL: So I have motion not to create this special district by Commissioner Kowal. We have a second by Commissioner Saunders. And before we vote, if I could get the County Attorney -- yesterday in our office, you really gave us some options, and just -- if you could just reiterate those options in your words as what we have going forward. MR. KLATZKOW: Going forward, the ball's -- once the Board rejects the concept of creating a special district, the ball goes back into the property owner's court. I don't know what the property owner's going to do. They may commence a Bert Harris suit; they may not. My understanding is the property owner would have to purchase a couple of the homes to knock them down to create the access points. At that point in time, we could consider a possibility of purchasing those homes ourselves to stop that. But, again, that's speculative at this point in time. Generally speaking, once a claim is filed, I'm going to be required to attend mandatory mediation, and there will likely be a settlement agreement brought to this board. There may be a recommendation by me for or against, I don't know yet, but that's the process. CHAIRMAN HALL: Okay, thank you. So we have a motion to not create it. We have a second by Commissioner Saunders. All in favor to not create it, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN HALL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN HALL: All opposed? (No response.) January 9, 2024 Page 89 CHAIRMAN HALL: That's squashed. MR. FINN: Thank you. Item #11F AWARD INVITATION TO BID (“ITB”) NO. 23- 8070RR,“COLLIER COUNTY JAIL (BUILDING J-1) ROOF REPLACEMENT” PROJECT, TO JR & CO., INC., IN THE AMOUNT OF $4,307,210, APPROVE OWNER’S ALLOWANCE OF $326,000, AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED AGREEMENT, AND AUTHORIZE A BUDGET AMENDMENT IN THE AMOUNT OF $752,441.70 WITHIN THE COUNTY-WIDE CAPITAL PROJECTS FUND. (PROJECT NO. 50229). (JOHN MCCORMICK, DIRECTOR, FACILITIES MANAGEMENT DIVISION) (DISTRICT 4) MOTION TO APPROVE BY COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER LOCASTRO – APPROVED MS. PATTERSON: Commissioners, that brings us to Item 11F. This is a recommendation to award Invitation to Bid No. 23-8070RR, Collier County Jail Building J1 roof replacement project, to JR & Company, Inc., in the amount of $4,307,210, approve owner's allowance of $326,000, authorize the Chairman to sign the attached agreement, and authorize a budget amendment in the amount of $752,441.70 within the Countywide Capital Projects fund. Mr. John McCormick, your director of Facilities Management, is here to present or answer questions. MR. McCORMICK: Thank you, Ms. Patterson. Good morning, Commissioners, Chair, Vice Chair. Congratulations. Happy New Year, everybody. It's going to be January 9, 2024 Page 90 a busy year in Facilities. I have two projects teed up today, and I'll be brief. Staff has prepared some slides if you want to see a little more detail. But the first one here is a reroof of J1. That's the largest center section of our jail. It's an 80,000-square-foot roof, give or take. In our studies, we found that it's -- over 25 percent is holding water today and actually causing some secondary damage to the exterior of the building. So we view this as very critical to move on as fast as we can. We had several solicitations. I think we have a good group of bids. JR & Company was the low bidder, and I think they do a good job for us. They met all the criteria. Again, it's an edge-to-edge type of roof. In the past, sometimes we've made the mistake of reroofing without getting the full warranty, all penetrations, all copings, all counterflashings. So if there's any problem for 20 years, the manufacturer backs it up. So I think we've got a good system coming. So with that, I could answer any more questions, or I could go to the presentation if you'd like to see it. CHAIRMAN HALL: Commissioner LoCastro. COMMISSIONER LoCASTRO: I'd just like to know how old is this current roof that needs replacement. Did we get full use -- you know, full life expectancy out of it, or was it not a great job? I mean, please tell me it's 20 years old. MR. McCORMICK: It's not 20, but part of the problem is, quite frankly, the maintenance of the roof. The -- we've allowed access to it for years, and people go up on the roof and do things they shouldn't do. Non-roofers do some things. And that, I think, initiated a lot of the leaks initially. Irma damaged it, damaged the exterior, and then Ian didn't help it at all. So I really can't fault the workmanship, per se. But if you January 9, 2024 Page 91 don't get an edge-to-edge warranty, there's a loophole in a lot of the roofing warranties, and if water enters, let's say, the coping, it's not covered, and you own the leak no matter where it's at. COMMISSIONER LoCASTRO: Do you know about, though, what the age is of that roof? MR. McCORMICK: I think it's -- help me out. It was before my time, but I think 15 years. Does that sound right? UNIDENTIFIED MALE VOICE: I had it at 20. MR. McCORMICK: You did have it at 20, okay. COMMISSIONER LoCASTRO: Did we make minor repairs after Ian and Irma to the roof, or it just got worse? MR. McCORMICK: It's gotten worse, but we've been chasing leaks. And what we found is -- we did a scan of the roof and, like I said, it's holding water. So it's like a -- it's a sneaky leak, you know what I'm saying? If it holds water, it will leak later on, and it's not necessarily that noticeable. So we know that has to be torn off. It's a light-weight concrete deck. It's going to have to be repoured. It's a flat roof, which makes it -- this is going to be a complicated reroof. There's multiple penetrations up there which led to some of the unfortunate maintenance of the roof because the screws and things got dropped and cut in the roof, things like that. There's 70 exhaust fans up there, 70. So it's going to be a very difficult job. We'll do it in stages. We have to work around, of course, the hurricane season and all that. So -- but it -- we just finished J2, and that was a little bit easier, even though we had some difficulties there, but that was a sloped roof. But when you're dealing with a reroof, a tear-off on a flat roof, it's very difficult. COMMISSIONER LoCASTRO: Thank you. CHAIRMAN HALL: Commissioner McDaniel. COMMISSIONER McDANIEL: I'll make a motion for January 9, 2024 Page 92 approval. COMMISSIONER LoCASTRO: I second it. CHAIRMAN HALL: We have a motion and a second to approve the agenda item. All in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN HALL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN HALL: All opposed? (No response.) CHAIRMAN HALL: Motion passes. MR. McCORMICK: Thank you. CHAIRMAN HALL: Thank you, Mr. McCormick. MR. McCORMICK: Thank you. Item #11G THE GUARANTEED MAXIMUM PRICE (“GMP”) FIRST AMENDMENT TO AGREEMENT NO. 21-7883-ST, CONSTRUCTION MANAGEMENT AT RISK (“CMAR”) CONTRACT, WITH O-A-K/FLORIDA, INC., D/B/A OWEN- AMES-KIMBALL COMPANY, FOR CONSTRUCTION SERVICES FOR THE MAIN CAMPUS UPGRADES IN THE AMOUNT OF $17,648,689.97, AND AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED AMENDMENT AND APPROVE THE NECESSARY BUDGET AMENDMENTS (FUND (3018), PROJECT NOS. 50214, 50189 AND 50184). (JOHN MCCORMICK, DIRECTOR, FACILITIES MANAGEMENT DIVISION) (DISTRICT 4) - MOTION TO APPROVE BY COMMISSIONER MCDANIEL; SECONDED BY January 9, 2024 Page 93 COMMISSIONER SAUNDERS - APPROVED MS. PATTERSON: All right, John, we'll start with the next one. Item 11G is a recommendation to approve the guaranteed maximum price first amendment to Agreement No. 21-7883-ST, Construction Management at Risk contract with the O-A-K Florida, Inc., doing business as Owen-Ames-Kimball Company, construction services for the main campus upgrades in the amount of $17,648,689.97, and authorize the Chairman to sign the attached amendment, and approve the necessary budget amendments. And, again, Mr. John McCormick is here to answer questions and/or present. MR. McCORMICK: Thank you. Again, for the record, John McCormick, your facilities director. Again, this chiller plant, critical to our operations. Our existing plant is hanging on by a thread. Quite frankly, we have a rental chiller plugged in right now because we can't keep up. The degradation of the existing chillers in the cooling towers are such that -- and this has been on my radar for years, and -- but I think we have a good system proposed. We're going to harden and upgrade the existing building. It's really Building K, our chiller plant. It's right outside my window. So we're doing that, and we're adding two 2.5 meg generators; one for the jail, which they appreciate, and one for the chiller plant. Right now our generator, it's a small one, cannot operate all the chillers. It can operate one. This one will allow it to operate all of them. In addition, we're doubling the size of the chiller plant capacity. So we're building in redundancy and, you know, a lot January 9, 2024 Page 94 of maintenance capability where we can shut a couple down and work on them rather than cutting into the capacity of the output of the chillers. The energy savings of this could be phenomenal. The idea is, is we are going to manufacture and store chilled water. So our chillers will run at night. That takes our peak energy way down during the most -- during the center -- during the middle of the day. And so we're basically going to run the chillers at night making chilled water, about a million and a half gallons. Now, the landscape's going to change a little bit because we have to build a chilled water tank. I don't know if you've been around our school system, been we've been consulting with them over the last few years. They've had a lot of luck with the same system. They have a storage tank that they make -- do the same thing, and they save a lot of money. Not just electric but, quite frankly, we'll save about $100,000 just in water usage because we're going to an air-cooled system rather than the cooling towers that's up on the roof now. And we evaporate about 58,000 gallons a day during the summer, a lot of water. Now, we use IQ water, so it's still cheaper, but -- if it was domestic, it would be a lot higher. But we just checked the bills again. So we have a lot of opportunity for savings. FPL will step up to the plate after we get the system online, and they're anticipating about a million and a half rebate to us because we're helping them lower their peak demand. And, quite frankly, it's going to give us a lot of flexibility. So at the same time, we've kind of combined, if you read the read-out, the -- we've got three projects: The generators, the chiller plant, and the piping mains that are buried. Right now we have, believe it or not, glued joints back there. They're 40 years January 9, 2024 Page 95 old. We've had a couple blowouts over the last few years, and that's where this whole thing started. So we're putting in fusion-welded pipe. So -- in other words, no leaks. It's kind of what you see, like, at the gas lines where they actually melt the piping together. The big mains are all going to be replaced in the parking lot, and we'll get a new parking lot out of this as well. So we're pretty excited about it. This is what keeps me up at night. Hemantha, our HVAC superintendent, I know, spends a lot of time keeping this plant running. So it's very much needed, and -- but like I said, the only thing that you're going to notice is an upgrade of the Building K architecturally, so it will clean that corner up. It's a dirty corner. We've got those ice tanks out there; they don't look good. But we are going to have one big tank out there that's going to be -- have a Collier logo on it, and we've got the room for it. It's not going to be up at the front of the road. It's going to be set back. But it's roughly about 65-foot diameter and 65-foot high. And it's in the presentation. I don't know if you guys had a chance to look at it all, but that's pretty accurate, if you want to look at that. But, again, I think it's going to be a win-win. Again, another difficult project. You know, I have to keep the existing plant up and running as they change this out. So we preordered the chillers and the switch gear and the generators. The chillers were supposed to arrive end of this month. They got delayed till the end of March. But we intend to use them as temporary chillers while we decommission the existing chiller plant. So, again, it's going to be a difficult install, but I think we have a good plan. So I'd really appreciate your recommendation to award this. And I think we've got a good team. O-A-K is a January 9, 2024 Page 96 good CMAR contractor, and they've added a lot to our plan. So with that, I'll turn it over to any questions that you might have. CHAIRMAN HALL: Commissioner McDaniel. COMMISSIONER McDANIEL: Yeah. Well, I want to remind us that it's our job to make sure that John gets some sleep, so I'm going to make a motion for approval. MR. McCORMICK: I appreciate that. COMMISSIONER SAUNDERS: I'll second that, Mr. Chairman. CHAIRMAN HALL: I have a motion by Commissioner McDaniel, second by Commissioner Saunders. All in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN HALL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN HALL: Okay. Good job, John. MR. McCORMICK: Thank you. Thank you so much. CHAIRMAN HALL: I think about that stuff at night, too. I just want you to know. Item #11H ESTABLISHING A POLICY FOR LEASING A COUNTY- OWNED MOBILE HOME AT THE PARADISE COAST SPORTS COMPLEX TO LAW ENFORCEMENT OFFICERS FOR GREATER ONSITE LAW ENFORCEMENT PRESENCE, ADOPT A STANDARD LEASE TEMPLATE, AND AUTHORIZE THE COUNTY MANAGER OR THEIR DESIGNEE TO EXECUTE January 9, 2024 Page 97 SUCH LEASES. (DISTRICT 3)- MOTION TO APPROVE W/CHANGES BY COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER SAUNDERS – APPROVED MS. PATTERSON: Commissioners, that brings us to Item 11H, formerly Item 16F6. This item was continued from the December 12th, 2023, BCC meeting. This is a recommendation to establish a policy for leasing a county-owned mobile home at the Paradise Coast Sports Complex to law enforcement officers for greater on-site law enforcement presence, adopt a standard lease template, and authorize the County Manager or their designees to execute such leases. This comes to the regular agenda at Commissioner McDaniel's request. CHAIRMAN HALL: You're on, sir. COMMISSIONER McDANIEL: Thank you. Short and sweet. I'm really happy with the adjustments that our staff made from last meeting to this. I want one clarification or one adjustment. In the executive summary, it talks about -- the last sentence is what triggered me to pull this. It has to do with "if this item is approved, leases using approved template will be administratively processed and executed by the County Manager or designee." I want that stricken. And I'm -- I don't -- every -- if we're going to have -- the rationale is if we're going to have a discussion with a commonalty of our lease arrangements, we need to have that discussion globally, not individually with regard to this particular asset. So if we can just strike that portion of it, if we do choose at some stage to come up with a template that everyone's happy with, then I'll bring forward a separate item, and we'll have that discussion. But I'm going to move for approval with that January 9, 2024 Page 98 sentence being stricken. MR. FINN: And if I may, Mr. Chair. Yes, sir. Consider it done. The standard form agreement will be changed from "the County Manager or her designee" to "the Board Chairman." Accordingly, we would amend the recommendation on that executive summary to reflect the Chairman approving the agreement you're looking at today. So we are seeking approval of that agreement with that modification. Thank you, sir. CHAIRMAN HALL: Commissioner Saunders. COMMISSIONER SAUNDERS: Thank you. So this would be for one officer. It's a big park. I'm wondering if we should have more than one officer resident there. MR. FINN: And I think when we look at the overall site plan, I think there was a concept of having a secondary site. At the moment, we're using our security team at the facility as well at night. So we will continue to monitor the situation and get the right level of staffing out there to ensure the safety of the facility. COMMISSIONER SAUNDERS: Okay. Well, I understand what you just said. I think my desire would be for you to look at, fairly quickly, having two or three as opposed to just one. If you've got a detail out there that you're paying overtime for at night, that can be replaced with someone living on the site. MR. FINN: Certainly. COMMISSIONER SAUNDERS: It seems to me that having two or three -- MR. FINN: We'll look into it. Very good. CHAIRMAN HALL: All right. We have a motion and a second. All in favor to approve, say aye. January 9, 2024 Page 99 COMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN HALL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. MR. FINN: Thank you, sir. Item #11I ADMINISTRATIVELY APPROVED CHANGE ORDER NO.11, PROVIDING FOR A 180-DAY EXTENSION UNDER AGREEMENT NO. 16-6622, “BIG CORKSCREW ISLAND REGIONAL PARK,” WITH Q. GRADY MINOR & ASSOCIATES, P.A., AND AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED CHANGE ORDER. (PROJECT NO.80039) (DISTRICT 5) - MOTION TO APPROVE BY COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER HALL – APPROVED MS. PATTERSON: Commissioners, that brings us to Item 11I. This is formerly Item 16F9. This is a recommendation to approve -- administratively approve Change Order No. 11 providing for a 180-day extension under Agreement No. 16-6622, Big Corkscrew Island Regional Park, with Q. Grady Minor & Associates, P.A., and authorize the Chairman to sign the attached change order. Mr. Tony Barone is here to answer questions. This was brought to the agenda by Commissioner McDaniel's request. CHAIRMAN HALL: Commissioner McDaniel. MR. BARONE: Good day again. For the record, Tony Barone, principal project manager, Facilities Management. January 9, 2024 Page 100 COMMISSIONER McDANIEL: And, Tony, you're doing a really good job, just to say it out loud. I brought this item forward only as a -- I'm going to make a motion for approval, just so you know. But what I would like to see is -- on future agenda items I would like a more descriptive delineation of contractual arrangements that we enter into. I want to see the beginning agreement and its term and price, and then I want -- every time -- this is Change Order 11 on, perceptively, an original three- to four-year contract, and we have, per what I've -- I was able to -- I don't often -- I'll admit, I don't oftentimes review the Clerk notes. But I did on this particular instance, because it's close to home. But there's 100 and -- or 855 days that have been added to this contract from its original term, which then you add it to the original term that was there, we're pushing an excessive length of time. Oftentimes, these change orders come to us piecemeal from contracts that previous boards have entered into, let alone us. And so my request is -- I'm going to make a motion for approval, but my request is going forward we have specificity. I want the original contract, price and terms, then I want to see every single time there's a change order, price or terms, with regard to term length and such. I want to see that delineated in the executive summary. We blow through -- we don't blow through these agendas. We read these agendas. But it's -- I don't have the necessary detail to go back all of the time and look at those specifics from the beginning. So with that, I'll move for approval. CHAIRMAN HALL: I'll second it with the -- and concur with Commissioner McDaniel's request. It's so helpful to have January 9, 2024 Page 101 the details because all of these things, after you read 900 of them, they run together. And I don't want to just miss something because I'm just assuming something, so that will be great. So we have a motion to approve by Commissioner McDaniel. I've second it. All in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN HALL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN HALL: Motion carries. MR. BARONE: Thank you, Commissioners. CHAIRMAN HALL: Thank you. Item #11J THE EXPENDITURE OF THE TOURISM DEVELOPMENT TAX PROMOTION FUNDS TO SUPPORT THE NOVEMBER 2023 DORAL GOLD CUP EVENT UP TO $12,000; TO WAIVE ANY IRREGULARITIES IN THE PROCESS FOR ITEMS INCLUDING LACK OF WRITTEN APPROVAL, PRE-APPROVAL OR TDC AND BOARD APPROVAL: AND MAKE A FINDING THAT THESE EXPENDITURES PROMOTE TOURISM. (ALL DISTRICTS) - MOTION TO APPROVE BY COMMISSIONER HALL; SECONDED BY COMMISSIONER MCDANIEL MS. PATTERSON: Commissioners, that brings us to Item 11J. This is formerly Item 16F3. This is a recommendation to approve the expenditure of the Tourism Development Tax Promotion funds to support the November 2023 Doral Cup -- Gold Cup event up to $12,000, to January 9, 2024 Page 102 waive any irregularities in the process for items including lack of written approval, pre-approval, or TDC and Board approval, and make a finding that these expenditures promote tourism. We have Ms. Sandra Rios from our tourism division who is here to answer questions. This item is brought to the agenda by Commissioner Hall's request. MS. RIOS: Thank you. Welcome, Commissioner Hall, and Happy New Year to everybody. I want to speak a little bit to the relevance of sports tourism prior to talking about this specific request. The tourism division is responsible for driving overnight visitation to the county, thus generating the 5 percent development tax that is applied to our hotel stays. In addition to beach renourishment, museums, maintaining beach park facilities, the tax should also be applied to capital projects such as the PCSC, or a percentage of them. Tourism generated $2.8 billion in economic impact for Collier County last year, and Fiscal Year 2023 TDT collections were $44 million. Sports tourism is the fastest segment of the tourism industry currently. It generates about $91.8 billion annually and supports 635,000 jobs across member communities nationally. Not only do we focus on PCSC and pickleball, we also put marketing muscle behind promotion of our over 90 public/private golf courses, are proud to host three major national golf tournaments annually, one of which includes a First Tee event. First Tee is an organization that promotes youth sports and sportsmanship. Outdoor activities are highly sought after by our visitors, so there's a great -- so this and the subsequent motion are great additions to an already robust lineup of outdoor offerings: January 9, 2024 Page 103 Fishing, golf, hiking, birding, biking, and boating. The Paradise Sports Complex came under the jurisdiction of the tourism division in January of 2023. It was built with the specific intent to promote sports tourism to our destination. We have had a sports grant program in place at the CVB since 2010. The tourism development tax must be allocated to certain items, one of which is to support the professional sports facility debt and amateur sports. Large amateur sporting events are fundamental to the programming and success of the PCSC. It drives people to the destination incrementally but, more importantly, during our shoulder periods for our hoteliers. It generates brand awareness for the destination through regional/national media placements. It generates economic impact both directly and indirectly, not only on the weekend of the tournament or the event, but has the potential for return visitation to the destination. Sports is another revenue-generating channel for tourism, similar to our marketing efforts towards our leisure travelers, both international and domestic, and our corporate meetings and business traveler. Sports promoters have the option of multiple destinations to bring their events to. It's a highly competitive market, especially here in Florida between Orlando, Tampa, Miami, and Sarasota, and Collier County is definitely one of the more if not the most expensive destination to come to due to our high ADR. So we need to compete for this business. Offering incentives is one way to help offset that. A promoter's goal is to maximize participation, and incentives help to achieve that. Another way is the selection of the types of events that we bring in, ones that can afford our high daily rates, such as lacrosse, soccer, and well-established events. January 9, 2024 Page 104 We also look at the opportunities to fill those hotel rooms in the shoulder seasons, which are typically April through June and September and November, so the spring and the fall. And sports is an excellent way to do that, keep our hotels full and our residents employed. Now, there are requirements. They must meet a minimum threshold of 250 room nights, and that is required for reimbursement. Funding for the expenditure is available within the Tourist Promotion Fund and in the tourism Fiscal Year '24 budget. We currently have $72,500 allocated, and currently zero of those funds are committed. Sports tourism allows us to market the destination through the channels of the promoters also to national audiences which we might not necessarily reach through our regular advertising campaigns. So speaking to the specific event, the Doral Cup, this event was hosted at Paradise Sports Complex in North Collier Regional Park between November 4th through 5th, so the shoulder season. It brought in 855 room nights, over 1,900 athletes, and over 4,400 spectators. Bringing events to Collier County for over 10 years, such as Labor Day Cup, Memorial Day Cup, and the Dimitri Cup between 2003 and 2019, which brought in over 350 teams over three weekends. July '22, Doral Cup received approval up to the $12,000 request for its November '22 event, but it was canceled due to Hurricane Ian. This promoter returned in 2023 to host the event. It was recommended 7-0 for approval by the TDC. The direct economic impact was $1,449,000. The total impact was $2,482,000. The TDT revenue was 21,000, and the room nights from this event were 855. CHAIRMAN HALL: Thank you so much. January 9, 2024 Page 105 MS. RIOS: Thank you. CHAIRMAN HALL: So I brought this -- I pulled these three items because they're all similar. And I didn't pull them because I don't like them. I just pulled them because I want to have a healthy discussion about the way things -- that we've always done things versus the way that we could do things. And I don't doubt -- I don't doubt the numbers are real. I don't doubt any of that. But I guess my thoughts were, if somebody's coming for -- this is the sixth year in a row they've used our facilities. They love our location. They've had great turnouts. They've had great success in their previous years. And for us to continue just to think that we need to give them $12,000 a year to get them to return, I don't think that's true. I think that in the beginning the seed money was brilliant. You know, when you have facilities like the sports complex and people don't know about them, to offer seed money to get them to come and experience it and have a good -- have a good experience, that's money well spent. And I'm not saying that it's not money well spent. But let's just say that all of those numbers, all of those hotel rooms, all of the tax dollars, I'm thinking that most of that's going to come anyway without -- without having to do the marketing for them. In a discussion yesterday with staff, they said, you know, the hoteliers love this because they get their rooms filled. And I'm thinking, well, yeah, they do. They're going to get their rooms filled anyway. The Doral Cup's going to happen. People are going to come. There was 1,400 people in this one particular thing. And so I'm thinking, you know, who's not coming because the promoter didn't get 12 grand? All of the people playing the sports, they're coming. All of the parents, they're coming. They're not getting reimbursed, but the promoter is. January 9, 2024 Page 106 And I'm not trying to sell a thing. I'm just -- when I saw this and then -- an agenda item, and the next one, F4, we're budgeting $72,000 a year, or we've got $72,000 a year to pay people to come here. And the last one, I might as well just include it, the pickleball, the U.S. Open. And they're wanting us to approve another five-year contract to give them $345,000 as a -- as a sponsor. This is a marquee event for them. They're hook, line, and sinker. They love coming here. Our facilities in East Naples are world class, and they have a world-class event. They have Sports TV. I mean, it's a big deal. So for us to continue to feel like we need to give them $345,000 every year for the next five year, that's 1.7 -- a little over 1.7 million bucks. I just want to talk about it. So, Commissioner McDaniel. COMMISSIONER McDANIEL: Yes. So first of all, let's take a bite of the apple on the agenda item that we're on -- CHAIRMAN HALL: Okay. COMMISSIONER McDANIEL: -- on this $12,000 reimbursement. This was an event that didn't go over because of Hurricane Ian. It was previously -- CHAIRMAN HALL: Sure. COMMISSIONER McDANIEL: -- approved. It was verbally approved, necessarily, outside of sorts by the previous executive director. So I -- I don't disagree with you that we need to have a healthy discussion at some stage, but I'd like to go ahead and approve this one and get it approved, and then we'll get to that third one that you were talking about there in your spiel. CHAIRMAN HALL: Yeah. I'm not trying to talk you out of -- January 9, 2024 Page 107 COMMISSIONER McDANIEL: No. CHAIRMAN HALL: -- approving it. I just want -- COMMISSIONER McDANIEL: Oh, I understand where you're going. CHAIRMAN HALL: So I'll make a motion to approve Agenda Item 16F3, which is the Doral, the 12 grand, since it was committed. COMMISSIONER McDANIEL: And I'll second that. I made that motion, but I'm good with you taking it. CHAIRMAN HALL: So we have a motion and second. All in favor to approve, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN HALL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN HALL: And then that moves us to 16F4. Item #11K THE EXPENDITURE OF THE TOURISM DEVELOPMENT TAX PROMOTION FUNDS TO SUPPORT THE OCTOBER 2023 ADVERTISING WORLD SERIES EVENT, UP TO $5,000, TO WAIVE ANY IRREGULARITIES IN THE PROCESS FOR ITEMS, INCLUDING LACK OF WRITTEN APPROVAL, PRE- APPROVAL OR TDC AND BOARD APPROVAL; AND MAKE A FINDING THAT THESE EXPENDITURES PROMOTE TOURISM. (ALL DISTRICTS)- MOTION TO APPROVE BY COMMISSIONER HALL; SECONDED BY COMMISSIONER KOWAL - APPROVED January 9, 2024 Page 108 MS. PATTERSON: It does. That brings us to 11K, formerly 16F4. This is a recommendation to approve the expenditure of the Tourism Development Tax Promotion funds to support the October 2023 Advertising World Series Event up to $5,000, to waive any irregularities in the process for items including lack of written approval, pre-approval, or TDC and Board approval, and make a finding that these expenditures promote tourism. Again, this item is brought to the agenda at Commissioner Hall's request. Commissioner. CHAIRMAN HALL: Yeah, same thing. Same principle, just a -- just a different animal. Commissioner McDaniel. COMMISSIONER McDANIEL: I didn't unlight. CHAIRMAN HALL: Okay. Commissioner LoCastro. COMMISSIONER LoCASTRO: So we spoke yesterday, now that I'm going to be the commissioner chair of the TDC taking over from Commissioner McDaniel. Part of what we've all been talking about -- and we had this conversation yesterday -- and it's summarizing what Commissioner Hall is basically saying for all of us is, we want to wean some of these organizations off of this. They always get $12,000 to buy a cheese tray or to be reimbursed for something. You know, when we were talking about the JW Marriott, that's the example I was using of a function, and we might remember that discussion. And it was like, wow, they bring a big group here and, you know, we always give them money to sort of offset some things. And I liked what you had to say. Now that we have -- the TDC director position is vacant and we're aggressively looking to fill it, I was really impressed by you and your colleague in my January 9, 2024 Page 109 office and about how, you know, you're not just waiting for that new person to come, that you learned some things, good and bad. You've heard some of the things that we've said, but I think our overall message is no more automatic checks. I mean, you know, we want to be proud of an organization that took our 50,000, then our 30,000, then our 20,000, then our 10,000, and now they're self-sufficient. And it's not to then put that money just, like, back in a corner somewhere. It allows us to re-purpose it for maybe another organization that has been asking for money for three years, but, you know, the coffers were empty or maybe their event has grown and they didn't need any money from us, but now they're asking for another 10,000. And so I liked what you-all had to say. And as the commissioner that will now sit on the TDC, much like the way Commissioner McDaniel did, I'm going to be reporting back here, you know, at our meetings the major takeaways. But I think that's what we're looking for. And it's similar to the conversation we had about the grants, you know, for all these art and museums and different things, you know, where we're really proud as a county to support those things, but it's not just an automatic. And you all agreed. I like the aggressive -- the more aggressive application process now, that you don't just, you know, put something on the back of a cocktail napkin and say, you know, give us the 50 grand as always. So we're headed in the right direction, but I think you're hearing our message here which is, hey, we're not trying to, like, not approve this, but we want to make sure somebody's really taking a look at it, and is this a nice to do or is it a must do? And as Commissioner Hall said, they've been here for like January 9, 2024 Page 110 six years. They haven't figured out how to absorb that 12,000 on their own so we can give it to somebody new? And if not, then we just want to know that rationale as to why not. You know, nobody's trying to shoot down the event, but, you know, I'll have more to report, you know, from our TDC meetings, and I like what we had -- what we talked about yesterday, for sure. I think you-all got the message loud and clear, and not only got the message, but you -- we were paddling in the same direction. You-all agree with that as well, and it's -- it's so we can better utilize the funds and we're not just giving out money that people aren't proving that they need or that they haven't worked as hard to try to get funds from another direction so that they can wean themselves off of county or TDC money. So thank you. I appreciated the conversation yesterday. COMMISSIONER McDANIEL: And I concur. I know that, you know, a portion of the revenues that we generate with the TDT are for reinvestment back into advertising and so on and forth to theoretically, then, generate more money, but I also know we -- in other events, we've had a weaning process. We did it with the East Naples -- the Collier County -- the rodeo bunch that was coming to the fairgrounds out there. We seed -- we seeded it in, and then we moved them to another level, and then -- and now another level. So I think maybe that as a premise of discussion with how we're going to handle these events going forward can be added into the mix, and we're not just rubber stamping, giving -- you know, giving these monies the way that we are. CHAIRMAN HALL: All right. So with that, I'll make a motion to approve pending that discussion, this agenda item. COMMISSIONER KOWAL: Second. CHAIRMAN HALL: So we have a motion to approve and January 9, 2024 Page 111 a second by Commissioner Kowal. All in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN HALL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN HALL: Great. Thanks. MS. RIOS: Thank you very much for that. CHAIRMAN HALL: Thank you. Item #11L THE CHAIRMAN TO EXECUTE THE SECOND EXTENSION AND AMENDMENT TO THE SPONSORSHIP AGREEMENT BETWEEN COLLIER COUNTY AND SPIRIT PROMOTIONS FOR THE 2025-2029 U.S. OPEN PICKLEBALL CHAMPIONSHIPS AND MAKE A FINDING THAT THIS ITEM PROMOTES TOURISM. (ALL DISTRICTS) - MOTION TO CHANGE THE AGREEMENT TO A ONE-YEAR TERM, DIRECT STAFF TO WORK ON THE LANGUAGE AND BRING BACK TO A FUTURE MEETING BY COMMISSIONER SAUNDERS; SECONDED BY COMMISSIONER MCDANIEL – APPROVED MS. PATTERSON: Commissioners, that brings us to Item 11L, formerly 16F10. This is a recommendation to approve and authorize the Chairman to execute the second extension and amendment to the sponsorship agreement between Collier County and Spirit Promotions for the 2025 through 2029 U.S. Open Pickleball Championships and make a finding that this item promotes tourism. Again, this item is moved to the regular agenda at Commissioner Hall's request. January 9, 2024 Page 112 CHAIRMAN HALL: So we have the same -- same principle here. When I look at what we have here in Collier County as far as a facility, we have a world-class location that's not a secret any longer. We have world-class facilities from the sports complex to the pickleball place to North Collier Regional. Everything you do -- we have is first class, and people are coming here, and they're using our stuff. So I'm just questioning the wisdom in continuing -- another five years is another $1.72 million. So I don't know if we want to entertain doing a portion of that, doing it for a year and then relook -- retaking a look at this, or what we want to do. But when I'm -- I was telling staff yesterday, the biggest risk that we have by not doing it is assuming that they won't come back. And from years and years and years in real estate, when I had a home to sell, when I had a couple walk in my house, and the third time I heard the wife say, oh, honey, this is amazing. Oh, honey, we could put the kids in this room. Oh, honey, look at the storage here. We could put -- the third time I heard that, I knew they were emotionally in. COMMISSIONER McDANIEL: Cha-ching. CHAIRMAN HALL: So when they asked me to cut my price by 100 grand, I said, respectfully, no thank you. This is the price, and we got it. On the other side, when I had a home that I knew had some flaws to it, and I knew that it needed some repairs, and I was letting the buyer figure those out, and when they come in and they say, this is wrong and that's wrong, and this is wrong and that's wrong, this is going to cost us, you know, 100 grand to fix it, and they offered me $100,000 lower, I knew that they were right. So instead of me having to spend my 100 grand, I used theirs and accepted the offer to sell the property. January 9, 2024 Page 113 So I use that example because we have an "oh, honey" location. People love coming here. They come year after year. They bring their friends; they bring their family; they stay a little longer. And so for us to maybe use those TDT funds in that manner, that's what I wanted to -- I just want to talk about, so I'm open to any discussion. Commissioner McDaniel. COMMISSIONER McDANIEL: Yeah. Thank you, Chair. I agree with what it is that you're saying. I would like to have more emphasis on our actual revenue generated, not an estimate of external revenues that are generated because of an event. It's hard -- you know, we pay 345,000. It's estimated we collect 168,000 in TDT tax. Those are real numbers. Those are theoretically real numbers that I can attach to. But when it's correlated over to a very voluminous revenue stream that's generated outside of that -- and we all know there's ancillary business. We've seen that with our Paradise Coast park. The restaurants and hotels up and down 951 there all benefit from those events that we have. I'd like a little tighter correlation between what we're expending and what we're actually receiving. I mentioned to staff yesterday when I was talking about this -- and this is something for the new member of the TDC to take into consideration and you folks to hear probably maybe for the first time. I've been an advocate -- I was an advocate last year for appropriation of TDT funds towards TDT revenue generators, people who generate tourist development tax, to assist with their housing offset for their employees: The people that January 9, 2024 Page 114 mow their grass, that make their beds, that cook the food, and so on and so forth. That, I learned, is going to require a statutory amendment to the TDT tax statute. We're working on that. There is an amendment that's already in place that allows for capital reimbursement of TDT money for sidewalks and other capital expenditures the government's put out if it's deemed to have generated tourism. And how many millions of dollars have we spent on this park? Not that it didn't need it in the first place. But, I mean -- so I would like for us to be exploring reimbursement of taxpayer money into our parks and rec system because we have a phenomenal park and rec system. And I would like to see and have it explored as to the utilization of those funds coming back to the General Fund as a portion or a proportionate share of those capital expenses. We need to make the investment in our park system because that's what we do, but they also -- we also do generate TDT dollars. And to my knowledge, short of specific items when we dredge Clam Pass every couple of years and deem it to be a tourist generator, we don't reimburse or get paid out of the TDT funds. So along the lines of what you're talking about, that was my discussion, my thought processes with this. I'd like to see if some of those monies can be appropriated back into our General Fund from -- because you mentioned it at the beginning of your presentation about capital projects. So I'd like to see that become an emphasis. CHAIRMAN HALL: Commissioner LoCastro. COMMISSIONER LoCASTRO: Mike Dee is here, who's sort of Mr. Pickleball. And I don't think he needs to necessarily take the podium, but we had a conversation yesterday, and it was along very similar lines. You know, we'd like to see -- you January 9, 2024 Page 115 know, we're all proud of the pickleball operation and what it brings here and what it generates and everything, but, you know, we'd like to see them start to be a little bit more self-sufficient and wean some things off. And he actually gave me a list of some things that they've started to pay for that the county used to. And so my direction to him was, don't be shy about not -- you know, make sure you're telling us about that. So, you know, getting a few minutes at the podium every so often when there's a commissioner -- a BCC meeting to give us an update on the partnership, the better partnership, and not so much, you know, here's our bill, and you should be thankful that we're bringing this incredible pickleball event here. And you weren't saying that. But I liked hearing, hey, we're now paying for the bleachers. We're now paying for this. We're not up here saying, you know, we want to go from giving you this much money to zero, but we want to -- we want to wean off. And every little bit helps. You paying for $30,000 worth of bleachers instead of the taxpayers, that's real money. You know, we're sitting up here talking for 30 minutes over $12,000. And so I liked what we said -- or what we talked about. And, you know, like I told you, don't -- you don't need an invitation for us to come to a BCC meeting and say, hey, I just want to give you an overview of, you know, a big pickleball event that's coming up, how we're cost sharing, you know, some things that we maybe hadn't done in the past. That's what we want to hear. And I think we're looking for proactive measures, not so much us being directive going, why are we paying this 12,000? But you-all coming forward and going, don't need the 12,000 January 9, 2024 Page 116 anymore, only need 4-, and the 4- that we needed for the other organization, it's now zero. That would be impressive to us. And so, you know, just take that as sort of not necessarily a homework assignment but just, you know, good healthy discussion. And, you know, you never need an invitation to come here to give us an update on how you're better helping us better utilize taxpayer dollars. So -- oh, you bring Mike to the podium. He'll speak for 20 minutes. He'll speak for 20 minutes on pickleball. MR. DEE: I'll be brief. I had prepared remarks that I won't use. But first of all, it's an honor to be here today. And congratulations, Mr. Chair and Commissioners. You know, this -- what's before you today is the culmination of a year's worth of dialogue with County Manager Patterson and then on to Deputy County Manager Rodriguez. And a shout out to John and Sandra who have done yeoman's work stepping in for a vacant chair at the director level of TDC. We've also spent considerable time with Olema Edwards and with James Hanrahan and Parks and Rec learning. We're the new owners as of the end of last year, and just trying to understand what's important to county staff. And one of the things we heard earlier on from County Manager Patterson was that we need to do a better job as the new stewards of this premium event and listening to county staff, and oftentimes their voices weren't heard. So we tried to do that. We also came with a plan that I think is very consistent with some of the comments on the dais this morning which is, you know, long term we have a bigger vision for this event and for pickleball and the park and a private/public partnership, continue to invest in the facility. As good as it is, there's shinier, bigger January 9, 2024 Page 117 new toys being constructed around the country sometimes right here in the state of Florida. Look only across Alligator Alley at Fort Lauderdale. That's the latest one announced. So we need to be able to stay competitive, and we don't see that burden being solely on the county shoulders to continue to invest. The bottom line is that facility serves a lot of your constituents day in and day out throughout the year. They need to have a great experience, and the U.S. Open is a signature event, not just here in Southwest Florida, not just in Florida, but nationally. And we want to continue to keep it that way. So this item today -- and I think, Mr. Chairman, it's right on point with your comments. We don't want to be a long-term just receiver. We want to be an investor. We come with our checkbook, and we look at a private/public partnership long term as a way to maintain the prominent role that Collier County has in the pickleball landscape across the country. So I think we decided, collectively, with the manager's office and with Deputy Manager Rodriguez, that that was a bridge too far to do in the first 12 months of us arriving in town, and that this item was to buy us a little time for you to get to know us better and know that we just don't talk the talk but that we walk the walk and that we're going to, you know, deliver on the promises that we make and that we're going to continue to invest. And just one last point: We don't view these marketing dollars as just a contribution or a donation. Those dollars are put to work to market the event. You're right to say that people love coming back over and over again, but our lottery starts this week. And every year is a new year, and very few of the attendees are the same year in and year out. They're new attendees every year. January 9, 2024 Page 118 So, you know, the 10 hours of national broadcast time that we use these proceeds to buy -- they don't give them to us. We're not making money from those. We have to go out and buy national TV time. We pay for production. The county gets great exposure and visibility not just with commercial time but throughout the broadcast. And, you know, we do other events around the country as well, and we're proud to give the county exposure in those events as we did in 2023. So there is a quid for the quo, if you will, on the market investment -- CHAIRMAN HALL: Sure. MR. DEE: -- and it's not just, hey, thank you for your check, we'll see you next year. But all that said, I think our long-term goal is to wean off of this and continue to invest in the park and make this a private enterprise that you can all be proud of. CHAIRMAN HALL: I like it. MR. DEE: So that's the spirit in which we come. CHAIRMAN HALL: Thank you, Mike. I'll make a comment, and then I'll go to Commissioner McDaniel, and then Commissioner LoCastro. That's music to my ears. I think you've heard our -- I'm glad you were here, because I didn't -- I didn't want to sound like I'm this squasher. I just -- I'm glad you got to hear the heart about it. We just want to be good stewards of taxpayers' money. And it's not like we're trying to run anybody off or trying not to -- you know, be stingy, but we're just trying to be good stewards. And so, Commissioner McDaniel. COMMISSIONER McDANIEL: And by the way, it's pickleball, not squash. Squash. January 9, 2024 Page 119 CHAIRMAN HALL: Yeah. Squash the pickleball. COMMISSIONER McDANIEL: And I have a question for you, and that is the premise of weaning is nice, but we're entering into a five-year agreement that we have been -- as what we have been doing for the previous term. And so your concerns with regard to the term of the agreement, have they been addressed satisfactorily? CHAIRMAN HALL: Yes. I'm going to make a motion that we do it for one year and then have those talks. COMMISSIONER McDANIEL: Oh. And are they okay with that? CHAIRMAN HALL: I don't know. COMMISSIONER McDANIEL: Okay. Because that was my question to you. CHAIRMAN HALL: That's what I'm thinking. COMMISSIONER McDANIEL: Okay. CHAIRMAN HALL: They get -- MR. DEE: I'll just -- one thing in response to the five-year commitment of the marketing funds. The marketing terms and the collaboration that goes with the TDC and their third-party ad agency is subject to an annual review. So it's -- the way we read the agreement, it's not, you know, fait accompli every year. We have to come to the table and deliver real marketing assets that are attractive to the county. And I believe the TDC has the ability to say that, hey, we don't think we're getting the benefit of the bargain for what this investment is. And so it's kind of like a year-to-year contract from our point of view. We believe there are ways to revisit it every year, and it's subject to an annual review. So our preference would be -- if you read the agreement the same way, would be to do the five-year deal and know that we're January 9, 2024 Page 120 held accountable every year to deliver on value that is prescribed in the agreement. Just one other note -- I think Vice Chair Clark Hill said it at the TDC meeting -- you know, this returns -- and this wasn't our report. This was a report that was initiated by Paul Beirnes -- $80 for every dollar invested in marketing. So it's a profound impact. And his words were, I think, there's nothing that we do from a marketing standpoint that comes close to this. So it's a high bar that we have to continue to clear. And if -- you know, if we're sitting in front of you and it's $2 for every dollar that is committed, then that's an entirely different conversation. So, certainly understand and appreciate the authority, Mr. Chair, that you have to want to do a shorter-term deal. I think our preference would be, if we could stay with the five years and know that the year-to-year marketing commitment is subject to, you know, discussion and approval. CHAIRMAN HALL: Okay. Thank you. Commissioner LoCastro. COMMISSIONER LoCASTRO: Thank you, Chairman. I looked at this as it wasn't necessarily a five-year -- and maybe, you know, like Commissioner Saunders and I always say, words matter. Right, sir? It wasn't really a five-year contract. It's more of a five-year commitment by the county, and then as we discussed yesterday, like you said, there's an annual review every time, so it's not like an automatic we're approving today an exact sum of money that automatically goes to you. So if that's not correct -- but that's what I got out of our discussion. And then just for the record, you know, I made some notes yesterday as we were talking about some positive things that I January 9, 2024 Page 121 also want to say regardless of how we vote on the motion here. I liked when you said because -- like you said, you have some new leadership, you're blowing the dust off of some things, just as we are. You said, we need to stop having an expectation of automatic funding from the county, and I liked hearing -- there again, I liked hearing that from you and not having me say that. And so -- and this is more of a summary of our conversation. But I think after we spoke yesterday, we want to hear different organizations to include the big pickleball operation to ask for county help, not tell us, you know. And there's a big difference to that. So I'm fine with the five-year commitment because I don't think it's as contractual, and somebody correct me if I'm wrong, because my understanding was we had that one-year review in there, and if we were like, wow, we're not getting biggest bang for our buck anymore, they did something, then we have the ability to, at the second-year point to say, hey, we want to take another look at that. But, you know, I'll defer to the County Manager or another commissioner if they maybe have some fine print that I didn't. MS. PATTERSON: Thank you. I just wanted to check with the County Attorney that either we have that ability now or that we can make that adjustment to the contract before the Chairman signs. MR. KLATZKOW: Well, you can give termination for convenience on, basically, two years' notice, or you can buy them out for 172,000. That's what this proposed contract says. MS. PATTERSON: They're looking for the ability to reduce the dollar -- the 335,000 or 300-. MR. KLATZKOW: I mean, they would have to agree to that. That's not what we're entering into. January 9, 2024 Page 122 MS. PATTERSON: Can we make that adjustment, or does this need to come back? MR. KLATZKOW: You can bring it -- I would prefer bringing it back rather than doing it on the fly. MS. PATTERSON: Right. MR. DEE: Yeah. I'm sorry, Mr. Klatzkow, and I defer to your read of the agreement, certainly. But our read of the agreement was that the specific language around the annual marketing commitment subjected it to an annual review; is that not the case? MR. KLATZKOW: You know what, if that's your understanding, I'd like to come back with this and make that express. COMMISSIONER LoCASTRO: Me, personally, that's the exact wording that I would like in there. You can have as long of a commitment as you want, but if it says every 12 months we come back for our review and we either confirm, and, you know, move it forward with an identical agreement for year two, or we don't. But if that's not in there written some way like that, saying it's kind of understood is very dangerous. MR. KLATZKOW: If what you're saying, it's subject to annual appropriation by the Board, we can put it in. That's common language. The state uses that all the time, but that's not what this deal is. COMMISSIONER SAUNDERS: Mr. Chairman, I think it sounds like we're going to have to delay this for two weeks. I don't know if that's going to be a problem. But I agree with Commissioner Hall and the other commissioners that have talked about trying to wean things off. And the language is not clear that -- or in my mind, when I read this, it was pretty clear that this was a commitment for five years January 9, 2024 Page 123 with some termination provisions. But I think we need to come back with some different language that would give the Board a little bit more authority at the end of the -- at the end of the first year, as we get into the second year, to reduce those amounts or at least have a discussion on it. I'm not sure how you would word that, but -- MR. KLATZKOW: I mean, do you want to make this annual review by the Board subject to appropriation on an annual basis? CHAIRMAN HALL: Yes, I would. COMMISSIONER SAUNDERS: Well, then, I'll make that motion, then. MR. KLATZKOW: I mean, I would like to come back. COMMISSIONER SAUNDERS: I think it will have to come back because you've got a party that has to decide whether they want to -- MR. KLATZKOW: Yes. COMMISSIONER LoCASTRO: And, Mike, I think what we're looking for here is we just want latitude. You know, so it's not -- like Commissioner Hall said, we're not here squashing anything or pickleballing anything, but we're looking for just latitude and the option. If you're doing everything right, nobody's going to sit here, you know, squeezing nickels. We're going to all applaud and move forward. But I think we all, you know, would like that latitude in there. MR. DEE: Understood. And I may have said this indirectly, but our thought with this five-year deal was that we wouldn't see the end of this term; that the long-term master plan private/public partnership conversation would at some point, by year two or three, be -- we would have enough common ground with each other and comfort with each other and move forward January 9, 2024 Page 124 with a longer-term agreement. CHAIRMAN HALL: We would look forward to those conversations. I'd like to go to Commissioner Kowal. He had a comment. COMMISSIONER KOWAL: Yeah. Thank you, Chairman. I mean, it sounds like, Mike -- I've spoken to you, too. I mean, right from the podium, he pretty much verbalized it the way he thought it was, and it seems like that -- all up here is what we were actually looking for in the language in the lease itself. So, you know, I'd like to see us get this done, because this is a big generator for our community. I mean, this brings 40,000-plus people every time this event's on. I mean, and I see the numbers, you know. Even in the private sector, you take some investment to make investment. So, you know, when you're talking 80 to 1, I mean, that's a pretty good return on your investment. COMMISSIONER McDANIEL: Real dollars. COMMISSIONER KOWAL: So, you know -- but it sounds like, in speaking with Mike, you know, in my own office, he has a lot of ideas in moving forward. And like he said, he wants to put a lot of their own investment in to make this thing, you know, be competitive. Because a lot of people are seeing what we're doing here in Naples, and like you said, in Fort Lauderdale right now they're dumping a lot of money into a facility and possibly to compete with us. So, you know, this -- I think this is something we should get the language correct in there and come back and make sure we get this done properly. CHAIRMAN HALL: Commissioner McDaniel. COMMISSIONER McDANIEL: As an aside -- and I'm okay with bringing it back. But we all seem to be okay with the January 9, 2024 Page 125 agreement except for the term, so why don't we do as the Chair suggested and shorten the term from five to one and fix the language and such as we need to, and that way they have assurance that they've got the marketing dollars coming to them, and they can go forth and persevere, and then we'll fix the -- we'll fix the annual review and the language that the County Attorney sees next year. COMMISSIONER SAUNDERS: I'm okay with that. I just want to make sure he understands that this year you're okay in terms of the amount. MR. DEE: That first year would be 25, because this year is the last year -- COMMISSIONER SAUNDERS: Yeah. The first year of this agreement is pretty well fixed. COMMISSIONER McDANIEL: Right. But we just shortened the term from five years to one for now and know that we're all going to go forth. We're all going to go forth. COMMISSIONER SAUNDERS: But I think that we should come back pretty quickly. COMMISSIONER McDANIEL: Yeah. We don't have to wait till the anniversary of the agreement to fix it, but that's -- I'm fine with that. But just to offer that assurance, and then -- and then fix the language and go forward. MR. DEE: If I could make a request, it would be really helpful, because the 2025 U.S. Open, believe it or not, is 15 months away. So getting approval on the one year today under those conditions and terms with the understanding we will still come back on years two through five with the language that the County Attorney suggests we need to make you-all comfortable, does that work for you? January 9, 2024 Page 126 COMMISSIONER SAUNDERS: All right. So let me rephrase the motion. Then we'll approve the agreement for one year today and direct the County Attorney to work with you on language that basically says what we've been talking about and have that come back over the next two or three meetings, something so you'll have assurance going forward that that's -- COMMISSIONER McDANIEL: Second. COMMISSIONER SAUNDERS: -- not just a one-year deal; that we're going to entertain the other four years with some additional language. So I'll make that motion. COMMISSIONER McDANIEL: I'd second it. CHAIRMAN HALL: All right. So we have a motion for a one-year approval with coming back with the correct language that we all want, and we have a second. All in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN HALL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN HALL: Great. That motion passes. Thanks, Mike. Look forward to talking to you about that. MR. DEE: Thank you. COMMISSIONER KOWAL: Thank you, Mike. MS. PATTERSON: Yes, Commissioners, so this is the last of our regular agenda items. What we have left for the agenda is the Item 11A 2 p.m. time-certain with the Community Foundation and then, obviously, our closeout items, the staff communications and any remaining public speakers. So that does give you a little bit longer of a lunch today. CHAIRMAN HALL: So we'll take lunch and come back at January 9, 2024 Page 127 2 o'clock. (A luncheon recess was had from 12:26 p.m. to 2:00 p.m.) MS. PATTERSON: You have a live mic. CHAIRMAN HALL: Thank you. I guess we're good for the 2 o'clock time-certain. Item #11A A PRESENTATION OF THE 2023 COLLIER COUNTY COMMUNITY ASSESSMENT. (AMY PATTERSON, COUNTY MANAGER) (ALL DISTRICTS) – PRESENTED CHAIRMAN HALL: Yes, sir. Commissioners, that brings us to Item 11A. This is our 2 o'clock time-certain, and this is a recommendation to hear a presentation of the 2023 Collier County Community Assessment. And Mary Beth Greer is here from the Schulze Family Foundation, and she will be joined by Eileen Connolly-Keesler from the Community Foundation. MS. GREER: Good afternoon, Commissioners, and thank you very much for allowing us a few minutes of your time to present on the community assessment. As a little bit of background -- and hopefully I can make the clickers work. They're not working. Okay. With the community assessment, we were here five years ago to present the first ever community assessment that was sponsored by both the Schulze Family Foundation and the Community Foundation. We wanted to get a feel from the residents what the assets and what the needs were in Collier County. What we learned from the first assessment -- MR. MILLER: You can just hit the space bar, and it will January 9, 2024 Page 128 advance to the next slide. MS. GREER: Okay. Thank you. What we learned from the first assessment, between our two foundations in terms of priorities, was a need for increased funding in early learning so that there could be greater capacity, greater quality. Between our two organizations, we granted approximately four and a half million dollars towards early learning specific. We also saw that mental health care was a priority. Between our two organizations, we donated approximately $1.8 million toward those efforts. We also thought that career and technical education and increased awareness and funding for that was a priority. And that, again, came across from the respondents from the survey. And we, between our two organizations, donated about 3.1 million. And last, certainly not least, was a public and private housing initiative, which you're all very familiar with, the Golden Gate Essential Workforce Housing project which in total, between our organizations, granted another $10 million. So in total, over the past five years just regarding those priorities, we've donated or granted approximately 19 and a half million dollars. The first assessment was important for us to learn about what the needs were in the community. It was equally important, if not more important, for the community members who actually reaped the benefits of that. It wasn't just the Community Foundation and the Schulze Foundation that did this work. We had a panel of community advisors anywhere from Naples Daily News to Florida Southwestern, Florida Gulf Coast, NCH, and so forth. So we took our combined impact, our combined insight to develop the January 9, 2024 Page 129 survey and to reach all of the potential people that we needed to hear from. How we did it was very similar to when we did it in 2017. We had primary data, which was the assessment that we gave to people. We also had focus groups. Likewise, we studied lots of different reports, whether it was the census, whether it was reports from the Health Department and so forth. It was that combination of information that gathered all of the information for us. In this survey, we had 6,072 respondents, which is a great representation of the community. We were sure to target every ZIP code to make sure that we were hearing from everyone whether they were in Chokoloskee or in Olde Naples or on Marco Island or Immokalee. When we did the survey in 2017, we had about 4,100 respondents. So it was a great turnout, better than we expected. The better news is that 84, almost 85 percent of the people who responded were full-time residents. That was one thing we wanted to make sure, that we didn't just get seasonal people. We wanted to really hear from the people who are here with us 364 days of the year. As part of the assessment, we had focus groups. So we had the survey where people answered approximately 15 or 20 questions about what was important, but then we dug down deep into focus groups. We led some of the focus groups, and the company who did the survey, or the assessment for us, did some of them. So we had English language groups, we had education focus groups, we had infrastructure and transportation focus groups, and then we also had focus groups in people's neighborhoods within their ZIP codes. So in total, we had 24 focus groups from trained community members. January 9, 2024 Page 130 What we learned -- well, I'm going to go back one. So we studied the seven different domains. The first one we'll talk about today was the domain surrounding economic opportunity and employment. And, again, this information is based on what the people in the community told us and how they felt about what was happening in the community. So we asked them if they were satisfied with workforce training. And what you'll see here is about 35 percent of the respondents said yes, they're satisfied with workforce training, about 26 percent said no, we're not satisfied with it. What's really worth noting is the 39 percent of the folks in the community who don't know about workforce training. As organizations, that's good news for us. It's an opportunity to inform the community. In terms of growth management, we asked people, are you satisfied with growth management in Collier County? Twenty-nine percent said that they were satisfied or very satisfied, 52 percent said they're dissatisfied or very dissatisfied, with 18 percent saying, don't really know, don't have an opinion. We also asked folks about access to food. Seventy-four percent of the people surveyed said yes, we believe there's good access to food in Collier County. About 22 percent said no, there's not enough access. Likewise, on employment opportunities, we had a great response here with 70 percent of the folks saying yes, we believe there's very good or -- we're very satisfied or satisfied with access to employment activities, with 16 percent saying no, we don't think there's enough access. In the focus groups, we narrowed things down, or we really drilled into things a little bit more. So the conversations around economic opportunity in the focus groups were around January 9, 2024 Page 131 commercial and small businesses. Many of those people in the group represented that they have some barriers accessing what they need in the community. The other barriers that they found were to economic opportunities and employment, so that was a big part of the conversation, as well as -- which would be part of the conversation no matter where you are; cost of living, wages, some people talked about food insecurity. Another conversation was regarding workforce development and how do we increase workforce development in the community. Education was another domain we studied, and it's full of very good news. About 51 percent of the folks surveyed said that they were satisfied or very satisfied with pre K through 12th grade education, with only 14 percent being dissatisfied. While 51 percent doesn't seem like a wonderful number, if we were to look at the folks that had children 18 years and younger, so children who would likely participate in the school district -- or private or independent schools -- that number, 51 percent, goes to 70 percent of the folks in the community are satisfied or very satisfied with pre K through 12th grade education. That's a great number, in our opinion. Forty-seven percent of the people said that they were satisfied with post high school education opportunities. Again, in this area, we went back to workforce training. Thirty-five percent of the folks are satisfied or very satisfied. Access to affordable childcare, you'll see here that 20 percent of the folks are satisfied; 45 percent are dissatisfied. However, when we narrow it down, again, to people with children, that number becomes satisfied/dissatisfied, 60 percent of the people are not satisfied with access to affordable January 9, 2024 Page 132 healthcare. Childcare -- sorry, childcare, big difference. In the focus groups, different topics came up. One of the -- and when I have these four things up here, these are the -- kind of the overwhelming conversations, or the largest conversations that came up. One was the needing access to childcare to maintain jobs. People have difficulty having a full-time job if they don't have high-quality local access to that childcare. After-school and vocational programming was a big conversation, all in a very positive way. There were a lot of shout-outs to various organizations who do a fantastic job with after-school programming for their children so that families feel safe and secure with where their kids are while they are at work. On the negative side of things, conversations regarding student pressure, student support, the politicizing of education was a big topic among all of the respondents in the focus groups. Recruiting and retaining teachers was also a theme that kept popping up. And, typically, Eileen and I will point out that the recruiting and retaining teachers isn't a result of because -- wasn't a result of how the school district operates. It was more about the affordability of living in Collier County. So it's hard for Collier County School District to recruit new teachers if they can't afford to live here. So it's not a dent against the school district as much as it is the challenges associated with coming here. So those are the things that I'll talk about -- I'm turning it over to Eileen -- that we found that were really important and worthwhile noting and sharing with the community. Eileen gets the good stuff. MS. CONNOLLY-KEESLER: All right. Environment, I love it. January 9, 2024 Page 133 Okay. So I know I could look at paper, but I just find it easier to do it this way. So status -- what we were really surprised about here, satisfaction with emergency preparedness, you can see people are really satisfied in this community with 75 percent of the people feeling really good about where the county's at. So a big shout-out to the county and Emergency Management. Oh, yeah, especially since this was post Ian and the fact that people are feeling like that was all handled really well. Satisfaction with climate change readiness, here you start seeing it change a little bit with 42 percent of the people not feeling like we're so ready for climate change in general. Only 30 percent feeling like we are; 28 percent didn't really have an opinion on it. This was interesting five years ago and interesting again, access to parks and clean beaches. You look at that, 86 of the people saying yes. That is really interesting, I think, that people felt good five years ago. Those numbers are very similar; people feeling still really good about having access, and I think our founding fathers did a good job on allowing people to have access onto those beaches. Themes that came up, climate change and environmental education. Are we talking enough about a community that is very -- has a very delicate ecosystem, and do people really understand, and especially people moving here? You know, I come from Wisconsin; not so delicate there. So, you know, you come here, it's a very different environment than what many of us have grown up in, and are we talking enough about that? Discussions about emergency and natural disasters. Of course, we had just had a hurricane, and what else do we need to do to prepare this community? January 9, 2024 Page 134 Impact of climate change on beach tourism. We know when red tide hit four years ago, it was really hard on businesses and tourism. So we know when the beaches are in trouble, like even after Ian, it affects everybody economically here. And then just discussion about community environmental challenges, maybe not enough discussion about recycling and things that we could all be participating in to make a better community. Healthcare and mental health, when we look at this, we asked about affordable healthcare, and you've got about 45 percent of the people feeling like they do not have access to affordable healthcare and somewhere around 41 percent saying they do. You know, affordable mental health, here again, you've seen 47 percent of the people not feeling like they have access to mental health, only 27 percent feeling like they do. Access to dental, 49 percent say no. So when we get into this, we start seeing a change on do people have access. And it's interesting because as we talk to, like, doctors and things who are all going concierge, I mean, many are saying it isn't -- this isn't a money issue, but it is an issue where doctors aren't feeling like they have enough time with their patients, that they're being pushed to have more and more, you know, patients going through in one day, and so they're feeling like they've got to step back. If they really want to provide decent healthcare, like, they need time with people, and that's changing in this community. So you are seeing that. You're seeing people leave. Pediatricians are leaving. You're seeing docs leave. So it's just something I think we really have to keep an eye on in Collier County to make sure everybody can get healthcare. In those focus groups, again, access to availability, and January 9, 2024 Page 135 affordable healthcare was an issue. Access to programs and facilities was an issue because when you get into rural areas here, people have to drive a long way to get to see a doctor, to get to a clinic, to get to a dentist. So things -- again, maybe organizations like Healthcare Network can look at as where they're placing clinics to make sure everybody has access. Senior population came up. What are we going to do with our senior population? As we look at what's happening here in Collier County, right now we're somewhere around 30 percent are 65 and older. That's estimated to be over 40 percent by 2040. Okay. So what -- where are they going? You know, they're going to age in place? Probably not. They're going to need facilities. When I got here 11 years ago, there were no Senior Centers in this community. Now we have two. They're at capacity. So that whole issue about how do people age here and how are we going to be able to provide the services they need. Mental health, obviously, I mean, especially COVID brought that to light. People are concerned about not having access to mental health services. You hear it all the time because, you know, you're dealing with David Lawrence and the facility and the need that we see around substance abuse and mental health. Housing, I probably don't even have to go through this with you but, you know, what did people think about housing? Seventy-seven percent of the people said we do not have enough affordable housing here. Only 17 percent of the people said we did, and look at that, "don't know" only 6 percent. So people really feel like they understand we have a housing crisis going on here. January 9, 2024 Page 136 Satisfaction with homelessness support, here we've got about 41 percent or so saying no, they don't think we have enough services for the homeless, only 27 or so percent saying that we do, and you have a whole chunk of 32 percent not having any idea whether we do or not. So when we asked about themes in there, it just -- you know, this is a constant conversation. I just came from a presentation, and probably the hour and a half I was there, probably an hour was all on housing and what's happening with affordable housing. People very concerned/aware of what we're dealing with here in Collier County. Homelessness and the continued increase in homelessness, we're seeing -- we're seeing a lot of single women in cars. Our women's foundation is working on that, so we know it's out there. They're parking by the Walmarts, they're parking behind strip malls. They're parking together, like, caravaning in cars because that's where they live, and it makes them feel better when you can get them together versus one parking way over there and one parking over there. So you're starting to see that happen here more in Collier County. Obviously, discussion about workforce housing, we need to make sure everybody has a place to live here. Interesting discussion about lack of awareness around neighborhood ordinances and HOAs. A lot of people don't quite understand the HOAs and what that means and who's got power to do what. So just discussion on wanting more information about how an HOA operates. Infrastructure and transportation, satisfied with public transportation, you know, pretty split, actually, on this, although I do usually ask the question of how many people have ever taken public transportation, and very rare do I get a hand raised. Most January 9, 2024 Page 137 people see buses, so they assume, oh, there's a bus there, we must have a decent system. But they really do not understand how the system works and how long you may have to wait for a bus and what has to happen here on a county level in transportation. Satisfaction with broadband, people seem very satisfied with 61 percent saying yep, all is good there. Satisfaction with Public Utilities, also somewhat of a surprise that it came it in as high as that did, coming in at almost 80 percent of the people feeling really good about that. I don't -- they probably don't live out in the rural areas because I'm driving out there and lose my GPS. I'm like, I don't know where I'm going. And so I'm sure there's some of that that goes on. Satisfaction with growth management, I guess, you know, this is the kind of stuff we want commissioners to see. You've got a chunk of the community here, 52 percent, saying they are not satisfied with growth management, and maybe it's just lack of knowledge and not enough awareness, because 18 percent are saying they really don't know much about what's going on with growth management. Access to safe neighborhoods, oh, look at that. The Sheriff should be very happy with that coming in at 87 percent. People feel really good about living here, feel like it's a safe environment. Satisfaction with the emergency services, again, 82 percent coming in, and access to affordable arts and culture surprised me a little bit that we're still this high. We were kind of high last go-around also, but, you know, with 61 percent saying they do have access, so that's great for this community. Things that came up, community infrastructure and safety things being the biggest issue. Population growth and pressure on roads and traffic, you hear this all the time, but, you know, January 9, 2024 Page 138 you can see people are definitely concerned about it. Safety concern for drivers with bike riders on the road, which I will not ride a bike until May again and -- because of the safety issues, so -- and then limitation on public transportation certainly -- again, I don't know that everybody takes public transportation, but some who have taken it said, it's a -- they're long routes. It's difficult getting from Immokalee to Naples, and other things around transportation should be probably taken a look at. Special populations, we didn't do this last time, but satisfaction with services for people with disabilities, coming in pretty split on that, around 30 percent on each side, 38 percent not knowing. Satisfaction with veterans services, you've got 17 percent saying they're not satisfied. We thought this was interesting, one of the biggest percentages, 55 percent do not know what's going on with their veterans in this county. And, you know, keep in mind, you've got 22,000 veterans living here, and you certainly have a portion of veterans -- I think the last numbers I saw now were like 159 are homeless, so definitely something we should be having conversations about in this community. Focus groups talked about adult-focused special needs programming, making sure things are accessible for wheelchairs and our senior populations as well as kids and veterans support. We need to look better at veterans support. So key issues in comparison, if you look at this chart, you're going to see those top three things: Controlling housing, managing growth and development, and environment. Those are our top three this year when we did the study. And if we compare it to what it was five years ago, you can see housing was 45 percent then, now 65 percent. Managing January 9, 2024 Page 139 growth development, big change, was 38 percent, now it's 63 percent. Environment was 22, and now it's 41. And although you go, well, we just had a hurricane, we had Irma last time, the first time we did this. So we had a hurricane then, and we had a hurricane with Ian, and we'll do this study in five years and see what happens. Public education, workforce training comes in about the same. So, you know, we wanted the county for sure to see, here are the top things the community are saying we need to take a look at and we need to keep watching. And so, you know, our next steps: We're out in the community talking about this needs assessment. It helps us as funders determine where we're going to go in the future. It helps other funders looking at this and our nonprofits when we say these were the top issues that came out, these are the things we continue to work on, just like last time we looked at those top things. And, again, just between the two of us, almost 20 million was put into those issues in this community. We're going to continue down this path of trying to deal with what it is the community says are the biggest needs. So we cut it down to make it a little shorter for you and are happy to take any questions you might have. CHAIRMAN HALL: Commissioner McDaniel. COMMISSIONER McDANIEL: Yep, I'll be -- I'll go first. And it's -- I think I already know the answer to this question, but as you're aware we -- the Board redid the vision statement, mission statement, business plan, and budget priorities last year. We made some significant moves budgetarily last year as well as engaged a consultant last year to help us with -- the old guy's accounting terminology is zero-based budgeting. The new terminology is priority budgeting. January 9, 2024 Page 140 And so is this data going to be available to us for us to integrate into the findings from our consultant? Because this -- you know, this -- at the end of the day, this is how we should be better managing the monies, the taxpayers' money that's available for the priorities of what the community sees as its needs. MS. CONNOLLY-KEESLER: Absolutely. The whole study is available for anybody who wants it either on the Schulze Foundation website or our website, or we can email it to you if you'd like, if that's easier for you, so you have the entire study you could read that's how many pages. COMMISSIONER McDANIEL: Well, us having it is less important than our staff and making sure that the consultant that our staff and we are working with -- MS. CONNOLLY-KEESLER: Great. COMMISSIONER McDANIEL: -- has that availability. MS. CONNOLLY-KEESLER: Do you have it yet, Amy? MS. PATTERSON: No. MS. CONNOLLY-KEESLER: Okay. We'll make sure they get it. MS. GREER: If I can just point out for a second, with this study, we can narrow it down into ZIP codes. So if there's a specific question on how does Immokalee feel about X, we're able to go into certain ZIP codes for questions that were asked. COMMISSIONER McDANIEL: My second question has to do with both of you said -- I heard, I thought anyway, a lot of the opinions had more to do with maybe not having information that's already there. And so can we engage with you to get to the folks that you've consulted with or had query or had give their opinions as to what's going on? Because Trinity Scott's a wealth of information back there with regard -- all of our staff is with January 9, 2024 Page 141 regard to infrastructure projects, housing programs, housing developments, so ons and so forth, things that we're doing with regard to growth management, with regard to transportation. Not making excuses, but to share with people what -- because a lot of the folks don't even know. They just know that they're stuck in gridlock when they're trying to go from A to B and aren't aware of the improvements that are, in fact, already underway. So can we -- can we impose upon you for information transmittal? MS. CONNOLLY-KEESLER: There are some things we can. Like, we're going to be doing a housing issue paper and, you know, maybe we can put in some pieces -- I think -- actually, I think they were trying to contact you on some quotes on that. That's when we can slide in, like, infrastructure, here are some of the things that are going on. So there are lots of things we're working on that actually we can. And, you know, some of those "I don't know" things, you know, like school district, keep in mind 30 percent of our people are 65 and older. They don't have kids in the school district. You know, they don't even have any grandkids in the school district, so they're going to say "I don't know." Veterans, if you don't have a family that's a veteran, you're probably not paying attention to what's go on. So I think for all of us, and probably even our nonprofits, when the opportunity is there to educate, we've got to take advantage of it. COMMISSIONER McDANIEL: Well, from me to you, what I would like to do is avail myself or our staff -- they're all sitting back there going, oh, my God, he's volunteering me again. MS. CONNOLLY-KEESLER: We'll be calling you. COMMISSIONER McDANIEL: But I would like to avail January 9, 2024 Page 142 ourselves at speaking engagements for information dissemination. It's imperative that the community is aware of what's, in fact, going on and hearing what the either perceived needs or the actual needs, in fact, are and how government's, in fact, trying to address those. So we would -- I would -- I know I would, myself, like to -- I would like to offer up myself as an opportunity just to share information that we have going on. MS. CONNOLLY-KEESLER: You know what would be great, too, if we could get the newspaper to maybe do a small article or a big article on each one of these domains and how it ties to the county, you know, like -- COMMISSIONER McDANIEL: Sure. MS. CONNOLLY-KEESLER: Those kinds of things. And I don't know how you do media here. So something that I think we could think about. Maybe, you know, that's -- just say, here are seven domains, and here's what the community was saying. So talk to your County Manager and your commissioners about what their thoughts are on it, so... COMMISSIONER McDANIEL: Okay. MS. CONNOLLY-KEESLER: All right. COMMISSIONER McDANIEL: Thank you. MS. CONNOLLY-KEESLER: Yep. CHAIRMAN HALL: I would have a question regarding the climate change. What constitutes climate change education? I mean, we don't -- we're not very seasonal here. It doesn't get cold and hot. MS. CONNOLLY-KEESLER: No, but when they talk about that, they're talking about sea level rise, you know, the effect mangroves and natural plantings, dunes, and other things can have on our beaches when hurricanes are hitting. Is there January 9, 2024 Page 143 increase in storms? Is the gulf getting warmer? I mean, those are the things. And some of those we're going to monitor from the Community Foundation perspective because we're going to take these seven domains, and we look at that. So the charts on that, I think, is what people are saying, what's happening. What are we looking at in this county? Are we paying attention to it at all? Does it matter? Does it not matter? So when we're talking education, I don't know -- and you can jump in on any piece you want on that. MS. GREER: So in particular, the Schultz Foundation doesn't fund environmental agencies; however, we do fund organizations that educate about environment. So places like the Conservancy. So when we're looking at this and we see climate change and education about climate change is a concern, that gives us an opportunity to look at are we going to shift some of our funding to be more around that area. I get your point about the hot and cold, but people are looking, I think, in Collier County about those climate-change issues that resolve -- or revolve around kind of warm-weather places, like red tide, like the tide rising and so forth. CHAIRMAN HALL: So would red tide be a result of climate change? MS. GREER: I don't think that anyone is able to put -- been able to put a pin in that yet. There are some experts who say yes, and there are some who say no. CHAIRMAN HALL: I just wondered, because it was around in Cortez's day. He documented it. I was just curious about that. COMMISSIONER KOWAL: It's in his journals. COMMISSIONER McDANIEL: I heard one scientist say January 9, 2024 Page 144 that it's been going on for two billion years, natural occurring event. Doesn't have anything to do with what the -- it has to do with what the climate is doing at the time the red tide, in fact, occurs, which way the wind's blowing, but it's not impacted by climate change. CHAIRMAN HALL: Commissioner Saunders. COMMISSIONER SAUNDERS: Thank you. Thank you for the update on that report, and some very interesting things there. There are a few things that the county can certainly focus on. Mental health, for example, I think we've taken some action in that regard with the receiving center that will be going up. I think that will be under construction in this calendar year, I believe. We're really grappling with the workforce housing, and that's probably the number-one issue impacting most people at this point. You talk about women living in their cars. And we just need to really ratchet up what we're doing for workforce housing. It's kind of a question for the County Manager, but we have the -- we have the $20 million in our fund. We, today, I think, made some changes on how we can use those dollars. But there's really been nothing that's come to the Board to talk about properties that are available and what we can do to ratchet up the effort to have more workforce housing. We know areas where this can go without impacting, in a negative way, existing neighborhoods. We know that there are -- this is an example, that Stix project in Golden Gate City where there's a reconversion of a hotel into a workforce housing type of a project. There are plenty of hotels in this county that are probably less than lucrative for the owners, and perhaps there's an opportunity there. January 9, 2024 Page 145 So I want to -- that's one of the takeaways from this, and I think most people in the community -- based on your analysis, most people feel that that's really a hot-button issue. Of course, traffic is another, and we're, I think, diligently working towards improving our transportation system, but I think we can do more. I know in a couple weeks we're going to talk a little bit about Immokalee Road, and maybe there's some things we can do. I've been working with Trinity Scott on some potential projects on Immokalee Road that would help a little bit. But those are the real -- I think are the real -- two really big issues that most people are concerned about, traffic and a place to live. And I know we were focusing on those, but perhaps we need to focus a little bit more. I know Commissioner Hall is working with the Affordable Housing Advisory Committee, and that committee has done great things under your leadership, and I know it will continue to in the next year. But I'd like to see us really focusing on those two issues a little bit more. I know we've talked about it a lot, but I'd like to see us focus on them a little more, and I think your report really bares that out, that that's a problem -- or those are two -- the major problems. MS. CONNOLLY-KEESLER: We hear it every day, actually. CHAIRMAN HALL: So do we. So do we. MS. CONNOLLY-KEESLER: Yes. CHAIRMAN HALL: Commissioner Kowal. COMMISSIONER KOWAL: Thank you, Chairman. Well, I appreciate you guys coming here and giving us this presentation. I think it's full of a lot of information and things that we can use moving forward. I wasn't here, of course, five January 9, 2024 Page 146 years ago to hear it then. But, you know, initially I see that workforce housing and affordable housing has definitely been a topic, and it's something we've all been, you know, faced with, at least this past year I've been on the Board, and I think we've made strides towards even the developers, these private developers coming in and building, and we're kind of holding them to task to have a percentage of affordable apartments and things like that built into their projects. And, you know, basically what it all comes down to -- I know with the 20 million and with the AHAC committee and with the affordable housing, we're going to find something good and a good project and the right kind of properties to use that, but that's a small little Band-Aid on a big problem. You know, we have to have that private sector and -- you know, out there willing to come here and invest their own money, their own skin in the game to build projects and build apartments that have percentage of affordability in there. And it's sad, because when you ask -- we hear it every day, traffic, traffic, traffic. And you always ask, well, what do you think the reason for the traffic is? Because we're building too much. Too many apartments on Immokalee Road. Too many this and that. So it's kind of it's a bad thing -- MS. CONNOLLY-KEESLER: Yes. COMMISSIONER KOWAL: -- because we know we need this, but at the same time we have to deal with this. And, you know, it's like they don't want no more building but at the same time they want places to live. So it's like a hard juggling game that, you know, we're all going to be part of. And I think information, too -- because I know for a fact -- I saw something in the report about people aren't aware or don't think we recycle enough. I'm pretty sure we won an award last January 9, 2024 Page 147 year in our county -- correct, Dr. George back there -- for being, you know, on top of that. MS. CONNOLLY-KEESLER: Access is great for recycling. COMMISSIONER KOWAL: And, you know -- and I know, like, even our garbage trucks, we're running off natural gas. We don't use diesel fuel. And when it comes to polluting and things like that, we're way ahead of the curve, not being asked by anyone to do it. They're taking it on their own to do it. So I think, you know, the public probably doesn't even realize a lot of these things. MS. CONNOLLY-KEESLER: Right. COMMISSIONER KOWAL: So you know, just -- but definitely, share this information because it's going to be useful for us down the road. So thank you. MS. CONNOLLY-KEESLER: I totally agree that people do not know, and there's got to be some kind of campaign or something we can run off this that -- COMMISSIONER McDANIEL: Stay on the mic, dear, please. MS. CONNOLLY-KEESLER: Sorry. My voice is so loud. I don't know why. COMMISSIONER McDANIEL: Not for the girl. MS. CONNOLLY-KEESLER: Okay. So I think that you're right. And, again, I really think if there was a way for the newspapers to start doing some articles that address that. You know, housing's a big one. I do a lot of public speaking and have been talking about it, but I keep saying, we have probably made more progress in the last two years or three years than we have made, you know, in the past 10; that everybody is looking at this, and everybody's at the table, and the January 9, 2024 Page 148 new Housing Alliance and the Housing Impact Fund we hold and the work that the county's doing. There's a lot going on, but it's slow. Building is slow. That is not something that pops up overnight. So I do think -- yeah, the more we talk today, the more I really think the newspaper's got to grab this for us. CHAIRMAN HALL: Commissioner LoCastro. COMMISSIONER LoCASTRO: Thank you, Mr. Chairman. Good data, but, you know, one of the things I wanted to just really thank you both for is how much money you've really invested in this community. I mean, you know, the data gives us really good information, but there's so much in this community we wouldn't have been able to accomplish without, you know, organizations like yours and your foundation and the Community Foundation. So the millions of dollars you've invested in the community, some people are uneducated about that, you know. I bet if you put on the poll here, what's the Collier Community Foundation? How many of you have heard of that. Yet they've all benefited from millions of dollars worth of support. Similar to what Commissioner Kowal was saying, you know, my biggest frustration on the workforce, affordable housing, whatever you want to call it is, you know, you can see 80 percent of the people think we've done nothing about it. The second we have a builder that wants to build something, we get 100 matching T-shirts in here saying, vote no. You're turning this place into Miami. You've ruined my neighborhood. You're overbuilding. You know, find it -- put it somewhere else. So, you know, I've said before, we can't build everything out in Immokalee behind redwood trees, you know. It has to be January 9, 2024 Page 149 mixed in. There's also a big mixed conception about what affordable housing is. As you know, a lot of times we get notes where people say -- they reference that low-income housing project, and it's like, no, actually an apartment complex that's going to look like the Taj Mahal, but 35 percent of the units that are embedded in it are just going to be priced differently. It's not built any different. So many people, when I have town hall meetings, they don't get that. They think we're building, you know, some sort of, you know, government subsidized, you know, cheap housing somewhere and, you know, we're going to put it right in Port Royal, you know, somewhere. And then, lastly, I don't know, this is more tongue in cheek. How do 4 percent of the people not know where to get food, you know, or that we have enough options? I just -- I just -- there's always somebody that says, no opinion or whatever. But, when I saw that, I'm like -- you know, one of the things I think that -- there was something the TDC showed me yesterday; they have some data. And one of the biggest reasons -- not the biggest, beaches and all that, but a reason that's pretty high up there why people come to Collier County, Naples, Southwest Florida, are the dining options and whatnot. But I just found that sort of -- how could there be 4 percent of people that -- and I'm sure the question was, do we have enough food options or whatnot. But -- anyway. But thanks for what you do and how you've helped us improve the community, really, with funds we wouldn't normally have. So thank you so much. MS. CONNOLLY-KEESLER: Great. MS. GREER: Pleasure. Thank you. CHAIRMAN HALL: Lots of good information. I still January 9, 2024 Page 150 don't understand some of the "I don't knows." But as far as housing, and traffic, I witnessed the AHAC for two years constantly talk about the problem. Constantly talk about the problem. Put the problem -- had events about talking about the problem; put it in the paper talking about the problem; magazines talking about the problem. And when I came on board last year, I was fed up with talking about the problem. The more you focus on a problem, the bigger it gets. The more you focus on the solution, the bigger it gets. So we've been at it for a solid year now getting government out of the way doing everything that we possibly can to make it plausible for builders. Now, the truth is, if I had a magic wand, I could do it today. But traffic's going to take years to correct. Housing's going to take three or four years to correct. If we broke ground on everything we could possibly imagine today, we're talking two and a half, three years before anybody moves in. So this is where faith and patience, you inherit the promises. And so I would -- in your -- in your communities and in your talking and in your talking points, I would encourage the public to give us grace and let us act instead of hammering us over a problem that we can't immediately fix. MS. CONNOLLY-KEESLER: You're right. CHAIRMAN HALL: So, County Manager, do we need a motion to approve or -- MS. PATTERSON: You're not looking for -- CHAIRMAN HALL: Just a presentation. MS. CONNOLLY-KEESLER: We're not looking for anything. There's a rarity. CHAIRMAN HALL: Great. Thank you, ladies. Thank you much. January 9, 2024 Page 151 COMMISSIONER McDANIEL: I was going to say, that's the Eileen we all know and love. MS. CONNOLLY-KEESLER: Oh, I'll be back a different day. COMMISSIONER LoCASTRO: She wants something. She wants something. MS. CONNOLLY-KEESLER: It's not the last time you're going to see me. Thank you. Item #15A STAFF AND COMMISSION GENERAL COMMUNICATIONS MS. PATTERSON: Commissioners, that brings us to staff and commission general communications. Item 15A is public comments on general topics not on the current or future agenda by individuals not already heard during previous public comment in this meeting. MR. MILLER: We have no speakers. Item #15C STAFF AND COMMISSION GENERAL COMMUNICATIONS MS. PATTERSON: We do not have any staff project updates, so that brings us to staff and commission general communications. Mr. Rodriguez? MR. RODRIGUEZ: No. We're good, thank you. MS. PATTERSON: Nothing here. County Attorney. January 9, 2024 Page 152 MR. KLATZKOW: We're good. MS. PATTERSON: That's to you, board members. Your pleasure, Chair, on which end you want to start on. CHAIRMAN HALL: Commissioner McDaniel. COMMISSIONER McDANIEL: Start in the middle, dang it. No, and I'm fine. I have nothing further to add. CHAIRMAN HALL: Commissioner Kowal? COMMISSIONER KOWAL: I'm fine, too. I'm just looking forward to this second year of participating with this group of gentlemen up here. So, 2024, hooah. CHAIRMAN HALL: Commissioner Saunders. COMMISSIONER SAUNDERS: Did we get a response to the invasion to negotiate for the Golden Gate Golf Course? The due date was yesterday, and I hadn't heard one way or the other. MS. PATTERSON: I'm looking around for Mr. Finn and hope that he will either appear miraculously -- oh, look it. There he is. CHAIRMAN HALL: Did you hear that, Ed? COMMISSIONER KOWAL: He just lingers in the hallway. MS. PATTERSON: Ed, do you have an update for us on the ITN on the Golden Gate Golf Course? MR. FINN: Yes, ma'am. ITN Golden Gate Golf Course, that was sent out approximately two weeks ago. I think it had 21 days on the street. COMMISSIONER SAUNDERS: It was due today. MR. FINN: I have not seen it today, sir. I will check when I leave here, and I will send you an email. COMMISSIONER SAUNDERS: That would be wonderful. That way I won't lose any sleep tonight wondering about the Golden Gate Golf Course. January 9, 2024 Page 153 MR. FINN: That will make one of us not losing sleep. COMMISSIONER SAUNDERS: I have nothing else, Mr. Chairman. Thank you. CHAIRMAN HALL: Commissioner LoCastro. COMMISSIONER LoCASTRO: Yeah. I have a couple just quick updates for all of you. This week I had a discussion with Victoria Peters from FDOT, Trinity, and Wayne as well about litter on I-75. I just -- I happened to be driving from Marco all the way up to a little bit past Estero, and Trinity I were talking about it yesterday. She made the same trek for something different. It's horrible again. But Victoria assured us that they'd be attacking it aggressively, so I just thought I would throw that out there in case you hear from your constituents. We're not sitting on our hands. We're not doing anything, but it's also FDOT. The county's done, you know, some things where we've gotten out of our lane a little bit when we've seen a couch in the middle of the road. You know, we don't care if it's on I-75. We have sent county assets out before when there's something major, but it's FDOT's responsibility and, you know, we're leaning on them, once again, pretty hard. There's some pretty bad stretches where it's not just a couple of tin cans. I had a great update from Jaime Cook yesterday on the rock crushing lot. So just to let you know, they're spreading the piles. You know, equipment's gone. They're still doing some things that are required by the Water Management District and some environmental things, but they're way past the -- you know, where they were. So it's just some finishing up things, and I've gotten some positive, you know, feedback from citizens as well. So just to sort of, you know, update the group. One thing that Mr. Rodriguez and I are talking about, we January 9, 2024 Page 154 voted a month or two ago to go to credit cards only at all of our marinas and places of business when it comes to the county because we were losing some cash out the back end. And we all -- I've been getting a lot of -- not a lot, but some pushback from some people. Oh, I sent my grandkids over to the marina at Port of the Islands to buy an ice cream, and, you know, they don't have a Visa card. So, you know, how ridiculous. You know, I will tell, I actually have about six pictures in my phone of places that I've gone that are noncounty places. One of them was my mom's hospital in Tampa. In the cafeteria, credit cards only. So it's -- you know, I've been telling, you know, my constituents, it's not something we invented, but also, too -- and somebody said, well, hire a better contractor. It's not the contractor, but then the contractor hires employees that sometimes last for 30 days. And so -- and then we find out, you know, $1,000 is disappearing. But one of the things that Mr. Rodriguez and I talked about is maybe for purchases under $10 or something we could accept cash. So they have a little bit of petty cash, and if somebody comes in to buy a coffee or an ice cream -- so I know that they're going to look at that. We also want consistency across the county. You know, I don't want to have a marina that only takes credit cards, but then we have one in somebody else's district that takes everything. And there were a few citizens that sort of -- that I won't say sort of -- did accuse us of that. You know, I'm being told by Parks and Rec we've -- across the board we are consistent, so maybe that was bad info or something like that. But I just thought I would make you aware of the topic. And then, you know, Mr. Rodriguez, you and I talked quite a bit, and same with Ms. Williams in the back, but I just want to, January 9, 2024 Page 155 you know, go on the record here. Please keep the accelerator down on Caxambas. You know, citizens certainly, similar to what we were saying here, their lack of information thinking that, you know, they got their roof fixed in a month and Caxambas was the most destroyed marina and park -- really, probably the most destroyed asset besides the Naples Pier, which isn't in the county. It's the City of Naples. But, you know, we can't fix it with a pickup truck full of plywood and three gallons of spackle. This is going to be a multimillion-dollar total redo, and the second we lock in contractors, that park's going to be closed. So some people that are screaming that they want it fixed are also the same people that are enjoying it right now. So the minute we try to fix it, we're actually going to lock it. But, you know, continue to -- and really it's not just -- you know, that's one of those things like the sports complex; it doesn't really matter whose district it's in. We have constituents in all of our districts that use Caxambas. And so it's really been in the news a lot. We've been catching a lot of spears. You know, we had a few reporters that reached out to us. And I was telling Mr. Rodriguez, I watched one of the -- one of the news reports on NBC2, and, you know, we gave them all the pertinent information, but they kind of -- they did sort of skew the report that, you know, they interviewed a bunch of citizens that all said, you know, the county is sitting on their hands and not doing anything. How could it take a year to fix a marina? Everything else -- one quote was, everything else across the entire county is all fixed. And, you know, like we were talking, you could just go a little bit north, and there's stuff that hasn't been touched. The pier hasn't been touched. There's houses that still have a lot of damage. So it's not an excuse, but this one has a lot of complicated January 9, 2024 Page 156 moving parts to it and also, too, no budget. You know, we don't have a budget that says, you know, this is money set aside to rebuild one of our marinas. So, you know -- but continue to keep us updated. And then, lastly, you know, I wanted to just sort of end this with a real shout-out and very impressive comments about Commissioner Kowal and Commissioner Hall. I mean, it's unbelievable that it's been a year, right? I mean, I remember you guys campaigning. When I campaigned, I sat in this audience for a year and a half and went to pretty much every commissioner meeting to watch sort of what happened up here, and I'll just say in a nutshell, you wouldn't know that you two have only been in the seat for a year. I'll just say that -- just how impressed and proud I am to serve with both of you and what a great addition you've been to this group, and even Commissioner Saunders has said that before, and he's got experience at every level of, you know, Florida government. And, you know, you-all have really added to this group, not only with your get-up-and-go, but your backgrounds. You know, having somebody that's a former sheriff, your business background, how much it's paid, you know, big dividends. So I want to say, you know, as a fellow colleague and, you know, we've spent some time in Tallahassee together on a couple of trips, just so proud to serve with both of you and, you know, congratulations on your turn here, and, you know, you'll see -- it's six feet over. It tires you out a lot more when you're running the show here. But, you know, I really enjoy serving with both of you and how much you've added this past 12 months for, sure. CHAIRMAN HALL: Thank you, Commissioner LoCastro. I think we think likewise. I think y'all have made it easy for us, and I can't believe it's been a year. January 9, 2024 Page 157 Thanks for making it a fairly easy transition today. This wasn't as bad as what I thought it might have been, but it was a good day. And I want to say thanks for the discussion on the TDT stuff. I thought we had a good discussion, and I look forward to meeting next week. And with that, we're adjourned. ***** ****Commissioner McDaniel moved, seconded by Commissioner Kowal and carried that the following items under the consent and summary agendas be approved and/or adopted**** Item #16A1 APPROVED THE RELEASE OF A CODE ENFORCEMENT LIEN WITH AN ACCRUED VALUE OF $289,600 BY APPROVING A REDUCTION OF FINES IN THE AMOUNT OF $266,768 AND ACCEPTING PAYMENT OF $22,832 IN THE CODE ENFORCEMENT ACTION TITLED BOARD OF COUNTY COMMISSIONERS V. ROBERT ARNOLD, IN SPECIAL MAGISTRATE CASE NOS. CEV20200002189 AND CESD20200002191 RELATED TO THE PROPERTY LOCATED AT 5442 29TH PL SW. Item #16A2 ACCEPTED THE STAFF SUMMARY FOR THE 2024 SOUTHWEST FLORIDA COASTAL FLOOD STUDY (SWFL-CF) EDITION OF THE FEDERAL EMERGENCY MANAGEMENT January 9, 2024 Page 158 AGENCY (FEMA) DIGITAL FLOOD INSURANCE RATE MAP (DFIRM) FOR COLLIER COUNTY. Item #16A3 AUTHORIZED STAFF TO SUBMIT AN APPLICATION TO THE FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION TO BE ELIGIBLE TO RECEIVE FUNDING ASSISTANCE SERVICES WORTH $35,000 IN FY 2025 FOR WETLAND RESTORATION WITHIN THE CONSERVATION COLLIER PEPPER RANCH PRESERVE AND TO AUTHORIZE STAFF TO ACCEPT SUCH FUNDING ASSISTANCE SERVICES, IF AWARDED. Item #16A4 APPROVED THE CONSERVATION COLLIER CARACARA PRAIRIE PRESERVE CONSERVATION BANK HABITAT MANAGEMENT PLAN 10-YEAR UPDATE UNDER THE CONSERVATION COLLIER PROGRAM. Item #16A5 AUTHORIZED THE COUNTY MANAGER, OR DESIGNEE, TO RELEASE THE UTILITIES PERFORMANCE SECURITY (UPS) IN THE AMOUNT OF $36,985 TO THE PROJECT ENGINEER OR DEVELOPER’S DESIGNATED AGENT FOR ENCOMPASS HEALTH REHABILITATION HOSPITAL OF NAPLES, PL20220003017. Item #16A6 January 9, 2024 Page 159 AUTHORIZED THE CLERK OF COURTS TO RELEASE A PERFORMANCE BOND IN THE AMOUNT OF $513,971, WHICH WAS POSTED AS A GUARANTEE FOR EXCAVATION PERMIT NUMBER PL20210000187 AND PL20210001212 FOR WORK ASSOCIATED WITH VALENCIA TRAILS NAPLES AND VALENCIA TRAILS - PLAT THREE. Item #16A7 AUTHORIZED THE CLERK OF COURTS TO RELEASE A PERFORMANCE BOND IN THE AMOUNT OF $184,346, WHICH WAS POSTED AS A GUARANTEE FOR EXCAVATION PERMIT NUMBER PL20210001927 FOR WORK ASSOCIATED WITH VALENCIA TRAILS NAPLES LAKES 19, 20, & 21. Item #16A8 AUTHORIZED THE CLERK OF COURTS TO RELEASE A PERFORMANCE BOND IN THE AMOUNT OF $59,880, WHICH WAS POSTED AS A GUARANTEE FOR EXCAVATION PERMIT NUMBER PL20220000406 FOR WORK ASSOCIATED WITH PALISADES. Item #16A9 APPROVED FINAL ACCEPTANCE OF THE POTABLE WATER AND SEWER UTILITY FACILITIES AND ACCEPT THE CONVEYANCE OF A PORTION OF THE POTABLE WATER AND SEWER FACILITIES AND APPURTENANT UTILITY EASEMENT FOR EKOS ON SANTA BARBARA, January 9, 2024 Page 160 PL20230011208. Item #16A10 APPROVED RECORDING THE FINAL PLAT OF ESPLANADE AT RIVERGRASS - PHASE 1 (APPLICATION NUMBER PL20220005479), APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT, AND APPROVAL OF THE PERFORMANCE SECURITY IN THE AMOUNT OF $18,535,108.54. Item #16A11 APPROVED THE FINAL ACCEPTANCE OF THE POTABLE WATER AND SEWER UTILITY FACILITIES FOR RATTLESNAKE HAMMOCK SELF STORAGE - PHASE 2, PL20230015805. Item #16A12 APPROVED THE FINAL ACCEPTANCE OF THE POTABLE WATER AND SEWER UTILITY FACILITIES FOR SKYSAIL AMENITY CENTER, PL20230009260. Item #16A13 RESOLUTION 2024-001: APPROVED A RESOLUTION FOR FINAL ACCEPTANCE OF THE PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS, AND ACCEPTANCE OF THE PLAT DEDICATIONS, FOR THE FINAL PLAT OF SOLUNA, APPLICATION NUMBER PL20210000514, AND AUTHORIZE January 9, 2024 Page 161 THE RELEASE OF THE MAINTENANCE SECURITY IN THE AMOUNT OF $2,700,983.78. Item #16A14 APPROVED FINAL ACCEPTANCE OF THE POTABLE WATER UTILITY FACILITIES AND ACCEPT THE CONVEYANCE OF A PORTION OF THE POTABLE WATER FACILITIES AND APPURTENANT UTILITY EASEMENT FOR VANDERBILT WAY APARTMENTS, PL20230001658. Item #16A15 RESOLUTION 2024-002: ADOPTED A RESOLUTION WAIVING THE OPTIONAL LOCAL PUBLIC HEARING RELATING TO THE PETITION TO ESTABLISH THE TRANQUILITY LAKES COMMUNITY DEVELOPMENT DISTRICT PURSUANT TO SECTIONS 190.005(1), FLORIDA STATUTES. Item #16A16 APPROVED STAFF ENHANCEMENTS TO THE APPLICATION AND REVIEW PROCESS FOR THE WORKFORCE HOUSING LAND ACQUISITION PORTION OF THE VOTER-APPROVED LOCAL GOVERNMENT INFRASTRUCTURE ONE-CENT SALES SURTAX. Item #16B1 APPROVED AN AGREEMENT FOR THE PURCHASE OF A DRAINAGE EASEMENT (PARCEL 150DE) REQUIRED FOR January 9, 2024 Page 162 THE WEST GOODLETTE-FRANK ROAD AREA STORMWATER IMPROVEMENT PROJECT PHASE 2; AND AUTHORIZE NECESSARY BUDGET AMENDMENT (PROJECT NO. 60142). (ESTIMATED FISCAL IMPACT: $20,900.) Item #16B2 APPROVED AN AGREEMENT FOR THE PURCHASE OF A DRAINAGE EASEMENT (PARCEL 149DE) REQUIRED FOR THE WEST GOODLETTE-FRANK ROAD AREA STORMWATER IMPROVEMENT PROJECT PHASE 2; AND AUTHORIZE THE NECESSARY BUDGET AMENDMENT. (PROJECT NO. 60142). (ESTIMATED FISCAL IMPACT: $44,400.) Item #16B3 APPROVED AN AGREEMENT FOR THE PURCHASE OF A DRAINAGE EASEMENT (PARCEL 138DE) REQUIRED FOR THE WEST GOODLETTE-FRANK ROAD AREA STORMWATER IMPROVEMENT PROJECT PHASE 2; AND AUTHORIZE NECESSARY BUDGET AMENDMENT (PROJECT NO. 60142). (ESTIMATED FISCAL IMPACT: $29,050.) Item #16B4 AWARDED INVITATION TO BID (“ITB”) NO. 23-8170, “MOTOROLA IRRIGATION CENTRAL CONTROL SYSTEM PARTS AND SERVICES,” TO CONTEMPORARY CONTROLS & COMMUNICATIONS, INC., AND AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED AGREEMENT. January 9, 2024 Page 163 Item #16B5 RESOLUTION 2024-003: ADOPTED A RESOLUTION APPROVING AND AUTHORIZING THE CHAIRMAN TO EXECUTE THE PUBLIC TRANSIT GRANT AGREEMENT (PTGA) 451893-1-94-22 WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION TO ACCEPT FEDERAL TRANSIT ADMINISTRATION SECTION 5311 RURAL AREA PROGRAM IN THE AMOUNT OF $575,000 FOR THE PURCHASE OF A REPLACEMENT BUS AND AUTHORIZE THE NECESSARY BUDGET AMENDMENTS. Item #16B6 RESOLUTION 2024-004: APPROVED AND EXECUTE A TRANSPORTATION REGIONAL INCENTIVE PROGRAM (TRIP)/ COUNTY INCENTIVE GRANT PROGRAM (CIGP) STATE-FUNDED GRANT AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) REIMBURSING THE COUNTY UP TO $2,500,000 FOR THE DESIGN OF THE IMMOKALEE ROAD AT LIVINGSTON ROAD IMPROVEMENTS AND AUTHORIZE THE NECESSARY BUDGET AMENDMENTS; FPN 452248-1-34-01/02. (PROJECT 60268, FUNDS 1841 AND 1842). Item #16B7 THE BOARD ACCEPTED THE IMMOKALEE TRANSPORTATION NETWORK PLAN THAT IDENTIFIES OPPORTUNITIES TO IMPROVE THE TRANSPORTATION January 9, 2024 Page 164 NETWORK IN IMMOKALEE. Item #16B8 APPROVED THE FIFTH AMENDED AND RESTATED INTERLOCAL AGREEMENT FOR THE SOUTHWEST FLORIDA JOB TRAINING CONSORTIUM. Item #16B9 (1) APPROVED AN AFTER-THE-FACT PAYMENT FOR MATERIALS UNDER CHANGE ORDER #1 IN THE AMOUNT OF $15,378.20 OBTAINED PRIOR TO PROPER APPROVAL, TO MASTEC NORTH AMERICA, INC. UNDER THE EXPIRED CONSTRUCTION AGREEMENT NO. 20-7791 “VANDERBILT DRIVE UNDERGROUND UTILITY CONVERSION PHASE 4” PROJECT, (2) APPROVED AN AFTER-THE-FACT PAYMENT FOR MATERIALS UNDER WORK DIRECTIVE #1 IN THE AMOUNT OF $25,959.63, OBTAINED PRIOR TO PROPER APPROVAL, TO MASTEC NORTH AMERICA, INC. UNDER THE EXPIRED CONSTRUCTION AGREEMENT NO. 20-7791 “VANDERBILT DRIVE UNDERGROUND UTILITY CONVERSION PHASE 4” PROJECT, (3) WAIVED THE PROCUREMENT ORDINANCE REQUIREMENT TO EXECUTE CHANGE ORDER FOR THE USE OF OWNER’S ALLOWANCE FOR MATERIALS AUTHORIZED UNDER WORK DIRECTIVE #2, (4) APPROVED AN AFTER-THE-FACT PAYMENT FOR MATERIALS UNDER WORK DIRECTIVE #2 IN THE AMOUNT OF $12,064.46 TO BE PAID OUT OF OWNER’S ALLOWANCE, (5) DEEMED THAT THESE EXPENDITURES HAVE A VALID PUBLIC PURPOSE; AND (6) WAIVED THE LIQUIDATED January 9, 2024 Page 165 DAMAGES IN THE AMOUNT OF $84,500. Item #16C1 WAIVED LIQUIDATED DAMAGES IN THE AMOUNT OF $692,640, AND AUTHORIZE PAYMENT OF PAY APPLICATION NO. 4 PERTAINING TO AGREEMENT NO. 14-6213 FOR THE “SOUTH COUNTY REGIONAL WATER TREATMENT PLANT CHLORINE STORAGE BUILDING IMPROVEMENTS” PROJECT WITH DOUGLAS N. HIGGINS, INC. (PROJECT NO. 70136) Item #16D1 ACCEPTED THE AMERICORPS SEPTEMBER 11TH NATIONAL DAY OF SERVICE AND REMEMBRANCE GRANT AWARD IN THE AMOUNT OF $196,561 AND A LOCAL CONTRIBUTION IN THE AMOUNT OF $10,953 THROUGH IN-KIND AND LOCAL FUNDS AND ALLOW THE COUNTY MANAGER OR THEIR DESIGNEE TO SERVE AS THE AUTHORIZED REPRESENTATIVE FOR THE GRANTOR ELECTRONIC SUBMISSION SYSTEM, EGRANTS, THROUGHOUT THE GRANT AWARD PERIOD, AND AUTHORIZE THE NECESSARY BUDGET AMENDMENTS. (HOUSING GRANT FUND 1835 AND COMMUNITY & HUMAN SERVICES GRANT SUPPORT FUND 1806) Item #16D2 APPROVED AN AFTER-THE-FACT PAYMENT FOR TWO (2) INVOICES IN THE TOTAL AMOUNT OF $2,782.89 TO TATE January 9, 2024 Page 166 TRANSPORT CORPORATION FOR SAND HAULING FOR PARKS ATHLETIC FIELDS ORDERED AND RECEIVED BY PARKS AND RECREATION DIVISION IN JUNE 2023. Item #16D3 APPROVED AND AUTHORIZE THE CHAIRMAN TO SIGN A LANDLORD PAYMENT AGREEMENT BETWEEN COLLIER COUNTY AND ARIADNA BARBE-VILLA, ALLOWING THE COMMUNITY AND HUMAN SERVICES DIVISION (CHS) TO ADMINISTER THE RAPID RE-HOUSING AND HOMELESSNESS PREVENTION PROGRAM THROUGH THE EMERGENCY SOLUTIONS AND RAPID UNSHELTERED SURVIVOR HOUSING GRANTS PROGRAM. Item #16D4 APPROVED AND AUTHORIZE THE CHAIRMAN TO SIGN A LANDLORD PAYMENT AGREEMENT BETWEEN COLLIER COUNTY AND G. AZAR ELECTRIC, INC., ALLOWING THE COMMUNITY AND HUMAN SERVICES DIVISION (CHS) TO ADMINISTER THE RAPID RE-HOUSING AND HOMELESSNESS PREVENTION PROGRAM THROUGH THE EMERGENCY SOLUTIONS AND RAPID UNSHELTERED SURVIVOR HOUSING (RUSH) GRANTS PROGRAM. Item #16D5 APPROVED AND AUTHORIZE THE CHAIRMAN TO SIGN A LANDLORD PAYMENT AGREEMENT BETWEEN COLLIER COUNTY AND JANTINA HANNA, ALLOWING THE January 9, 2024 Page 167 COMMUNITY AND HUMAN SERVICES DIVISION (CHS) TO ADMINISTER THE RAPID RE-HOUSING AND HOMELESSNESS PREVENTION PROGRAM THROUGH THE EMERGENCY SOLUTIONS AND RAPID UNSHELTERED SURVIVOR HOUSING GRANTS PROGRAM. Item #16D6 APPROVED AND AUTHORIZE THE CHAIRMAN TO SIGN A LANDLORD PAYMENT AGREEMENT BETWEEN COLLIER COUNTY AND HIRAN VIVEK, ALLOWING THE COMMUNITY AND HUMAN SERVICES DIVISION (CHS) TO ADMINISTER THE RAPID RE-HOUSING AND HOMELESSNESS PREVENTION PROGRAM THROUGH THE EMERGENCY SOLUTIONS AND RAPID UNSHELTERED SURVIVOR HOUSING GRANTS PROGRAM. Item #16D7 APPROVED AN AFTER-THE-FACT FIRST AMENDMENT WITH THE AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC., AMERICAN RESCUE PLAN ACT FUNDING UNDER THE OLDER AMERICANS ACT GRANT PROGRAM FOR THE COLLIER COUNTY SERVICES FOR SENIORS PROGRAM TO REVISE THE SERVICE RATE REPORT (ATTACHMENT XIV). (HUMAN SERVICES GRANT FUND 1837) Item #16E1 APPROVED AN ASSUMPTION AGREEMENT ASSIGNING ALL January 9, 2024 Page 168 RIGHTS, DUTIES, BENEFITS, AND OBLIGATIONS UNDER AGREEMENT #18-7432-SM, PROFESSIONAL SERVICES LIBRARY SURVEY AND MAPPING CATEGORY, FROM DAGOSTINO GEOSPATIAL, INC., D/B/A DAGOSTINO & WOOD, INC., TO CAUSSEAUX, HEWETT & WALPOLE, INC., D/B/A CHW. Item #16E2 1) APPROVED THE ADMINISTRATIVE REPORT PREPARED BY THE PROCUREMENT SERVICES DIVISION FOR DISPOSAL OF PROPERTY THAT IS NO LONGER VIABLE, 2) REMOVE CAPITAL ASSETS FROM THE COUNTY’S RECORDS, AND 3) RECOGNIZE REVENUE GENERATED FROM AUCTION. Item #16E3 APPROVED A SECOND AMENDMENT TO AGREEMENT NO. 19-072-NS WITH HYLAND SOFTWARE, INC., THE PROVIDER OF THE COUNTY’S ENTERPRISE CONTENT MANAGEMENT SYSTEM, IN THE AMOUNT OF $68,220 TO INSTALL AND CONFIGURE AN UPGRADE TO THE HYLAND SOFTWARE, AND TO AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED AMENDMENT. Item #16F1 RESOLUTION 2024-005: ADOPT A RESOLUTION APPROVING AMENDMENTS (APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS, OR INSURANCE PROCEEDS) TO THE FISCAL YEAR 2023-24 ADOPTED BUDGET. (THE BUDGET January 9, 2024 Page 169 AMENDMENTS IN THE ATTACHED RESOLUTION HAVE BEEN REVIEWED AND APPROVED BY THE BOARD OF COUNTY COMMISSIONERS VIA SEPARATE EXECUTIVE SUMMARIES.) Item #16F2 AUTHORIZED THE COUNTY MANAGER, AS AUTHORIZED AGENT, TO EXECUTE A FEDERALLY FUNDED SUBAWARD AND GRANT AGREEMENT THROUGH THE FLORIDA DIVISION OF EMERGENCY MANAGEMENT FOR REIMBURSEMENT OF EXPENDITURES ASSOCIATED WITH PREPARATION FOR AND RECOVERY FROM HURRICANE IDALIA. Item #16F3 (Moved to Item #11J Per Agenda Change Sheet) Item #16F4 (Moved to Item #11K Per Agenda Change Sheet) Item #16F5 APPROVED 1) CHANGE ORDER NO. 5 UNDER AGREEMENT NO. 20-7680 FOR THE PELICAN BAY SIDEWALK IMPROVEMENT DESIGN WITH AGNOLI, BARBER & BRUNDAGE, INC., TO ADD THE AMOUNT OF $94,816.00 FOR ADDITIONAL ENGINEERING SERVICES TO REVISE THE ORIGINAL DESIGNS AND PERFORM CONTRACT ADMINISTRATION SERVICES DURING PHASE 2 CONSTRUCTION, 2) AUTHORIZED THE CHAIRMAN TO SIGN THE ATTACHED CHANGE ORDER, AND 3) APPROVED THE NECESSARY BUDGET AMENDMENT. (PROJECT NO. 50178) January 9, 2024 Page 170 Item #16F6 (Moved to Item #11H Per Agenda Change Sheet) Item #16F7 AWARDED INVITATION TO BID (“ITB”) NO. 22-8005, “JANITORIAL SERVICES,” ZONES 1, 3 & 4 TO: HIGH SOURCES INC., AS PRIMARY VENDOR, AND 3H & 3H, INC., AS SECONDARY VENDOR; AND ITB NO. 22-8005S, “JANITORIAL SERVICES SUPPLEMENTAL,” ZONE 2 TO: AMERICAN FACILITY SERVICES, INC., AS PRIMARY VENDOR, AND HIGH SOURCES INC., AS SECONDARY VENDOR, FOR COUNTY-WIDE JANITORIAL CLEANING SERVICES AND AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED AGREEMENTS. Item #16F8 AWARDED INVITATION TO BID (“ITB”) NO. 23-8169, PAINTING AND PRESSURE WASHING SERVICES, TO FLORIDA SERVICE PAINTING, INC., D/B/A SERVICE CONTRACTING SOLUTIONS, AND AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED AGREEMENT. Item #16F9 (Moved to Item #11I Per Agenda Change Sheet) Item #16F10 (Moved to Item #11L Per Agenda Change Sheet) Item #16F11 AUTHORIZED EXPENDITURES EXCEEDING THE $50,000 January 9, 2024 Page 171 COMPETITIVE THRESHOLD, UNDER AN EXEMPTION FROM THE COMPETITIVE PROCESS, THROUGH FISCAL YEAR 2027, FOR BRAXTON COLLEGE TO PROVIDE EMS SUPERVISED SKILL TRAINING AND EXPERIENCE TO STUDENTS ENROLLING IN EMERGENCY MEDICAL SERVICES TECHNOLOGY PROGRAMS. Item #16J1 RECORDED 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 IN THE AMOUNT OF $29,973,244.55 WERE DRAWN FOR THE PERIODS BETWEEN NOVEMBER 30, 2023 AND DECEMBER 13, 2023 PURSUANT TO FLORIDA STATUTE 136.06. Item #16J2 RECORDED 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 IN THE AMOUNT OF $46,469,660.77 WERE DRAWN FOR THE PERIODS BETWEEN DECEMBER 14, 2023 AND DECEMBER 27, 2023 PURSUANT TO FLORIDA STATUTE 136.06. Item #16J3 REQUESTED THAT THE BOARD APPROVE AND DETERMINE VALID PUBLIC PURPOSE FOR INVOICES PAYABLE AND January 9, 2024 Page 172 PURCHASING CARD TRANSACTIONS AS OF DECEMBER 20, 2023. Item #16J4 REQUESTED THAT THE BOARD APPROVE AND DETERMINE VALID PUBLIC PURPOSE FOR INVOICES PAYABLE AND PURCHASING CARD TRANSACTIONS AS OF JANUARY 3, 2024. Item #16J5 REPORTED TO THE BOARD REGARDING THE INVESTMENT OF COUNTY FUNDS AS OF THE QUARTER ENDED SEPTEMBER 30, 2023. Item #16K1 RESOLUTION 2024-006: APPOINTED 2 MEMBERS TO THE GOLDEN GATE COMMUNITY CENTER ADVISORY BOARD. Item #16K2 RESOLUTION 2024-007: REAPPOINT 3 MEMBERS TO THE HOUSING FINANCE AUTHORITY. Item #16K3 AUTHORIZED THE COUNTY ATTORNEY TO FILE A LAWSUIT ON BEHALF OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, FOR ITS EMERGENCY MEDICAL January 9, 2024 Page 173 SERVICES DEPARTMENT, AGAINST MATTHEW RAY BRENNAN, AS THE PERSONAL REPRESENTATIVE OF THE ESTATE OF JUDITH L. JACOBSON, IN COUNTY SMALL CLAIMS COURT TO RECOVER AN OBJECTED-TO AMBULANCE BILL TOTALING $1,070, PLUS ATTORNEY’S FEES AND COSTS OF LITIGATION. Item #16K4 APPROVED AND AUTHORIZE THE CHAIRMAN TO EXECUTE THE FIRST AMENDMENT TO AGREEMENT FOR LEGAL SERVICES RELATING TO THE COUNTY’S RETENTION AGREEMENT WITH BOY AGNEW POTANOVIC MILLER, PLLC, EXTENDING THE EXPIRATION DATE TO JANUARY 9, 2026 WITH THREE ONE-YEAR RENEWALS AND INCREASING THE LAW FIRM’S HOURLY RATES. THERE IS NO NEW FISCAL IMPACT ASSOCIATED WITH THIS AMENDMENT. Item #16K5 RESOLUTION 2024-008: REAPPOINT TWO MEMBERS TO THE OCHOPEE FIRE DISTRICT ADVISORY COMMITTEE. Item #17A RESOLUTION 2024-009: APPROVED PETITION VAC- PL20220006722, TO DISCLAIM, RENOUNCE, AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN THE NORTHERN 30 FEET OF THE EASTERLY 140 FEET OF COCONUT RIVER, LOCATED ALONG THE SOUTHERLY BORDER OF LOT 27 OF COCONUT RIVER UNIT NO. 1, January 9, 2024 Page 174 ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 3, PAGE 58, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED AT 1480 AIRPORT- PULLING ROAD NORTH, NAPLES, FL 34104, AT THE SOUTHWEST QUADRANT OF AIRPORT-PULLING ROAD NORTH AND LONGBOAT DRIVE, IN SECTION 35, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AND TO ACCEPT PETITIONER’S GRANT OF REPLACEMENT EASEMENTS. Item #17B ORDINANCE 2024-001: APPROVED A REZONING ORDINANCE FOR THE 12425 UNION ROAD RPUD TO ALLOW UP TO 109 RESIDENTIAL DWELLING UNITS ON 51.5± ACRES OF PROPERTY LOCATED IN PORT OF THE ISLANDS, APPROXIMATELY ½ MILE NORTH OF TAMIAMI TRAIL EAST (US 41) AT 12400 AND 12425 UNION ROAD, IN SECTION 4, TOWNSHIP 52, RANGE 28, COLLIER COUNTY, FLORIDA. (PL20220004175) January 9, 2024 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 2:48 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL CHRIS IC, CHAI AN ATTEST CRYSTTAL.'K. KTNZEL, CLERK OF THE CIRCUIT COURT & COMPTROLLER. "-` Attest as to C. air tor by d'" 45,,21 , as hese minutes a a `ved the Board on presented or as corrected TRANSCRIPT PREPARED ON BEHALF OF FORT MYERS COURT REPORTING BY TERRI L. LEWIS, REGISTERED PROFESSIONAL COURT REPORTER, FPR-C, AND NOTARY PUBLIC. Page 187