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BCC Minutes 06/11/2024June 11, 2024 Page 1 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, June 11, 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: Chris Hall Rick LoCastro Dan Kowal (attending remotely) William L. McDaniel, Jr. Burt L. Saunders ALSO PRESENT: Amy Patterson, County Manager Edward Finn, Deputy County Manager Jeffrey A. Klatzkow, County Attorney Crystal K. Kinzel, Clerk of the Circuit Court & Comptroller Troy Miller, Communications & Customer Relations COLLIER COUNTY Board of County Commissioners Community Redevelopment Agency Board (CRAB) Airport Authority AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples, FL 34112 June 11, 2024 9:00 AM Commissioner Chris Hall, District 2; – Chair Commissioner Burt Saunders, District 3; – Vice Chair Commissioner Rick LoCastro, District 1 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 CHAIR. 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 CHAIR. 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 June 11, 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 CHAIR. 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 CHAIR. SPEAKERS WILL BE LIMITED TO THREE MINUTES, AND NO ADDITIONAL MINUTES MAY BE CEDED TO THE SPEAKER. AT THE CHAIR’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; Page 3 June 11, 2024 ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE FACILITIES MANAGEMENT DIVISION. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Invocation by Pastor David Wildman, Grow Church Estates 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended (ex parte disclosure provided by commission members for consent agenda.) B. May 14, 2024, BCC Minutes C. May 28, 2024, BCC Minutes 3. AWARDS AND RECOGNITIONS A. EMPLOYEE B. ADVISORY BOARD MEMBERS C. RETIREES D. EMPLOYEE OF THE MONTH 4. PROCLAMATIONS A. Proclamation designating June 11, 2024, as Florida Cancer Specialists & Research Institute Appreciation Day in Collier County. To be accepted by a Collier County representative of the Cancer Specialists & Research Institute. 5. PRESENTATIONS A. Artist of the month B. Presentation of the Collier County Business of the Quarter for June 2024 to Harry Chapin Food Bank. The award will be accepted by Richard LeBer, Page 4 June 11, 2024 President & CEO and representatives of Harry Chapin Food Bank. Also attending are Kristina Park, CEO & President, and Bethany Sawyer, Vice President of Membership and Investors, both of the Greater Naples Chamber of Commerce. 6. PUBLIC PETITIONS 7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA 8. BOARD OF ZONING APPEALS 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 a Resolution of the Board of Zoning Appeals of Collier County, Florida, approving a variance from LDC Section 4.02.01, Table 2.1 to reduce the required minimum front yards from 50 feet to 34.38 feet on the north side and 43.58 feet on the west side, and to reduce the required minimum side yard from 30 feet to 27.84 feet on the south side, for a single-family home on an RSF-1 zoned property located at 438 Gordonia Road, on the southeast corner of Gordonia Road and Carica Road, on a portion of Lot 19, Block H, Pine Ridge Extension Subdivision, in Section 3, Township 49 South, Range 25 East, Collier County, Florida. [PL20230014908] (This is a companion to item #9A) District 2) 9. ADVERTISED PUBLIC HEARINGS 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 an ordinance rezoning 2.16± acres of property from the Rural Agricultural (A) zoning district to the Residential Single-Family-1 (RSF-1) zoning district, to allow up to two single-family dwelling units with a maximum density of up to one dwelling unit per acre on property located at 438 Gordonia Road, on the southeast corner of Gordonia Road and Carica Road, also described as Lot 19, Block H, Pine Ridge Extension Subdivision, in Section 3, Township 49 South, Range 25 East, Collier County, Florida. [PL20230013880] (This is a companion to item #8A) (District 4) Page 5 June 11, 2024 10. BOARD OF COUNTY COMMISSIONERS A. This item to be heard prior to Item 4: Proclamations. Recommendation to adopt a resolution naming the helipad located at the Collier County Sheriff’s Office District 8 Substation in Immokalee the “Larry H. Ray, LTC ret) US Army Helipad” and direct staff to install appropriate signage. District 5) B. Recommendation to adopt the attached Resolution in opposition to Amendment 4 titled as an Amendment to Limit Government Interference with Abortion, which if enacted would amend the Florida Constitution to greatly enhance abortions in Florida. (All Districts) 11. COUNTY MANAGER'S REPORT A. Recommendation to approve an Agreement for Sale and Purchase under the Conservation Collier Land Acquisition Program with 1) Richard L. Woodworth for a 2.27-acre parcel at a cost of $49,600; 2) CDL Naples Investment, LLC, for a 2.73-acre parcel at a cost of $59,650; 3) Marcos A. and Elizabeth S. Beckert for a 1.14-acre parcel at a cost of $24,910; 4) Peggy Anne Arnold (“Arnold Trust”) for a 7.16-acre parcel at a cost of 141,140; and 5) The Land Genie, LLC, for a 2.73-acre parcel at a cost of 62,790, for a total cost not to exceed $346,790 inclusive of closing costs. Jaime Cook, Development Review Division Director) (District 5) B. Recommendation to approve an Agreement for Sale and Purchase under the Conservation Collier Land Acquisition Program with 1) Nelson Granados for a 5.15 acre parcel at a cost of $106,860; 2) Nancy A. Waters, William C. Bartelsmeyer, and Judith A. Moulton, individually and as Trustee of the Revocable Trust Agreement No. 012645 dated December 18, 2015 Moulton Tr.”), for a 7.17 acre parcel at a cost of $141,340; 3) Ana Margarita Taylor-Abraham as Plenary Guardian of the person and property of Ana L. Taylor, surviving spouse of Ernesto Taylor (“Taylor”) for 5 acres at a cost of $98,650; and 4) Nancy A. Walsh for a 1.14 acre parcel at a cost of $19,494, for a total cost not to exceed $373,834 inclusive of closing costs. Jaime Cook, Development Review Division Director) (District 5) C. Recommendation to approve spending up to $10,000 for appraisal and pre- contract expenses for due diligence and authorize staff to transmit a non- binding Letter of Intent to commence negotiations for the purchase of 10.9 Page 6 June 11, 2024 acres of property at 299 Creative Drive, Naples for the Collier County Sheriff’s Office District 5 Substation. (Ed Finn, Deputy County Manager) All Districts) D. Recommendation that the Board of County Commissioners accept an update on the performance of the Florida Culinary Accelerator at Immokalee. Cormac Giblin, Housing Policy & Economic Development Director) (All Districts) E. Recommendation to accept an update on current service and staffing levels at the ten Collier County Public Libraries. The presentation discusses realigning hours of operation to optimize service with our current staffing levels that will best continue to serve patron demand and meet expectations. Catherine Cowser, Library Director) (All Districts) F. Recommendation to accept the report card and update on Parks & Recreation aquatic facilities and projects. (John McCormick, Facilities Director) (All Districts) 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY A. AIRPORT B. COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS 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 Page 7 June 11, 2024 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 final acceptance and accept the conveyance of the potable water utility facilities for Allamanda Estates – Onsite Utilities, PL20230014153. (District 1) 2) Recommendation to approve final acceptance and accept the conveyance of the potable water utility facilities for Allamanda Estates - Offsite Utilities, PL20230016590. (District 1) 3) Recommendation to approve final acceptance of the potable water and sewer utility facilities and accept the conveyance of the potable water and sewer utility facilities and appurtenant utility easement for Esplanade by the Islands – Phase 3H, PL20230015548. (District 1) 4) Recommendation to approve final acceptance and accept the conveyance of the potable water and sewer utility facilities for Groves at Orange Blossom Phase 2A-1, PL20240003084. (District 5) 5) Recommendation to approve final acceptance of the potable water and sewer utility facilities and accept the conveyance of a portion of the potable water and sewer utility facilities for Imperial Golf Course Halfway House, PL20240002104. (District 2) 6) This item continued from the May 14, 2024, BCC Meeting. Recommendation to approve final acceptance of the sewer utility facilities, accept the conveyance of the sewer utility facilities and appurtenant utility easement for Seychelles - Offsite Utilities Relocation (PL20240001240), and Seychelles - Offsite Utilities PL20190001953), and to authorize the County Manager or designee to release the Final Obligation Bond and the Utilities Performance Security (UPS) in the total amount of $9,957.64 that was submitted for PL20190001953, to the Project Engineer or the Developer’s Page 8 June 11, 2024 designated agent. (District 1) 7) Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $234,500 which was posted as a guaranty for Excavation Permit Number PL20190002027 for work associated with Magnolia Pond Residences. (District 3) 8) 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 for recording the final plat of Caymas Phase II, approval of the standard form Construction and Maintenance Agreement, and approval of the performance security in the amount of $4,182,045.73. (Application Number PL20230012032) (District 1) 9) Recommendation for the Board of County Commissioners to authorize a Budget Amendment in the amount of $38,000 to reallocate funding within the Conservation Collier Caracara Prairie Fund (0674). All Districts) 10) Recommendation to approve the Collier County Floodplain Management Plan 2022 and 2023 Progress Report and Proposed Action Plan for 2024. (All Districts) 11) Recommendation to approve the density for the EKOS development under Florida Statute 125.01055(7)(a), the Live Local Act. (District 1, All Districts) B. TRANSPORTATION MANAGEMENT DEPARTMENT 1) Recommendation to approve Change Order No. 6 to Agreement No. 16-6699, Professional Design Services for the “Eleven Bridge Replacements Project” with HNTB Corporation to extend the contract time for post-design and related services on the project by an additional 60 days and authorize the Chairman to sign the attached Change Order. (Project No. 66066) (District 5) 2) Recommendation to authorize the Chairman to execute a Memorandum of Understanding (MOU) with the Florida Department of Highway Safety and Motor Vehicles for redacted crash data. (All Page 9 June 11, 2024 Districts) 3) Recommendation to approve an Agreement for the purchase of a drainage easement (Parcel 146DE) required for the West Goodlette- Frank Road Area Stormwater Improvement Project Phase 2. (Project No. 60142) (Estimated Fiscal Impact: $22,843) (District 4) 4) Recommendation to approve and authorize the Chairman to sign a Supplemental Agreement to the Local Agency Program (LAP) Agreement with the Florida Department of Transportation (FDOT) to reduce grant funds by $125,024 for the construction of a ten-foot multi-use path on County Barn Road from Rattlesnake Hammock Road to SR 84 (Davis Blvd.); to execute the accompanying Resolution; and to authorize the necessary Budget Amendments, FPN 438091-2-58-01. (Fund 1841, Project No. 60254) (District 3, District 4) 5) Recommendation to approve Tourist Development Tax Fund 1105 funding in the amount of $350,000 for maintenance of the Tigertail Lagoon / Sand Dollar Island Ecosystem Restoration Project, authorize the Chairman to execute a Tourist Development Tax Funding Agreement, and make a finding that this expenditure promotes tourism. (District 1) 6) Recommendation to approve and authorize the Chairman to execute a State-Funded Grant Agreement with the Florida Department of Transportation (FDOT) reimbursing the County up to $1,050,000 for the design, engineering, and permitting of the ‘Four Points Roundabout’ project to control the intersection of Immokalee Road and Camp Keais Road and authorize the necessary budget amendments, FPN 452825-1-34-01. (Fund 1841, Project No. 33890). District 5) 7) Recommendation to approve and authorize the Chairman to execute a Transportation Coordination Agreement with Hope Hospice & Community Services, Inc. (All Districts) 8) Recommendation to approve Agreement No. 23-8159, “Post Design Services for Stan Gober Memorial Bridge Rehabilitation,” with Stantec Consulting Services, Inc., in the amount of $91,815, and Page 10 June 11, 2024 authorize the Chairman to sign the attached Agreement. (Project No. 66066) (District 1) 9) Recommendation to award Construction Invitation to Bid (“ITB”) No. 23-8195, “16th Avenue S.W. Shoulder Improvements,” to Preferred Materials, Inc., in the amount of $2,449,638.72, provide for an Owners Allowance of $75,000.00 for potential unforeseen conditions, and authorize the Chairman to sign the attached Agreement. (Project No. 60226) (District 5) 10) Recommendation to award Request for Professional Services ("RPS") No. 23-8103, the “Golden Gate City Water Resource Protection – Restoration Master Plan”, to Jacobs Engineering Group, Inc., for a total not to exceed the amount of $988,912, and authorize the Chairman to sign the attached Agreement. (District 3) 11) Recommendation to approve and authorize the Chairman to sign a State-Funded Grant Agreement with the Florida Department of Transportation (FDOT) reimbursing Collier County up to $1,120,000 to construct paved shoulders and widen travel lanes on Oil Well Road from Mile Post (MP) 12.061 to MP 12.703, approximately 0.642 miles, FPN 452822-1-54-01. (Funds 1841 & 1842, Project No. 60231) District 5) 12) Recommendation to approve and authorize the Chairman to sign a State-Funded Grant Agreement with the Florida Department of Transportation (FDOT) reimbursing Collier County up to $1,015,000 to construct paved shoulders and widen the travel lanes on Oil Well Road from Mile Post (MP) 12.703 to MP 13.388, approximately 0.685 miles), FPN 452820-1-54-01. (Funds 1841 & 1842, Project No. 60231) (District 5) 13) Recommendation to approve and authorize the Chairman to sign a Small County Outreach Program (SCOP) State-Funded Grant Agreement with the Florida Department of Transportation (FDOT) reimbursing Collier County up to $818,575 to construct paved shoulders and widen travel lanes on Immokalee Road (CR 846) from east of Tradeport Parkway to Bridge No. 034831; to execute a Resolution memorializing the Board’s action; and authorize all necessary Budget Amendments, FPN 451525-1-54-01. (Fund 1841, Page 11 June 11, 2024 Project No. 60253) (District 5) 14) Recommendation to execute the Public Transit Grant Agreements PTGA) Section 5310 (FPN 448810-1-94-02, 451147-1-94-22, 451147-2-94-22, and 451147-3-94-22) with the Florida Department of Transportation in the total amount of $973,420, for the purchase of six paratransit cutaway vehicles, six radios, and six tablets; to adopt the Resolutions approving and authorizing the Chairman to to accept Federal Transit Administration grant funding; and to authorize the necessary Budget Amendments. (All Districts) 15) Recommendation to authorize the County Manager or designee to provide $5,333.33 to the Trust for Public Lands for preparation of a grant application for the acquisition of the Seminole Gulf Rail Line and to pledge up to $241,611 toward the local match for the grant. All Districts) C. PUBLIC UTILITIES DEPARTMENT 1) Recommendation to approve a $573,400 Work Order to condition and treat three raw water production wells (LTA-32, RO-10N, RO-19N) comprised of $548,400, together with a $25,000 allowance to cover unforeseen work, to Wells & Water Systems, Inc., under Agreement No. 21-7859 “Well Testing, Drilling and Maintenance,” and authorize the Chairman to sign the attached Work Order. (Project No. 70085) All Districts) 2) Recommendation to approve a $653,087.50 Work Order, under a Request for Quotation under Agreement No. 20-7800, “Underground Contractor Services,” to Mitchell & Stark Construction Company, Inc., to replace influent screening equipment at the Orange Tree Wastewater Treatment Plant, authorize the Chairman to sign the attached Work Order, and approve all necessary Budget Amendments. Project No. 70173) (District 5) 3) Recommendation to approve an after-the-fact payment in the amount of $4,735.88 from the Owner’s Allowance to Quality Enterprises, Inc., for additional work associated with Work Directive 1, Work Order/Purchase Order No. 4500223578 Goodland Pump Station Yard Piping Improvements, Phase 1 issued under Agreement No. 20-7800, Page 12 June 11, 2024 Underground Contractor Services,” which project has been completed on time and to the satisfaction of the County. (Project No. 70276) (District 1) 4) Recommendation to approve Change Order No. 1 to extend task timelines for Task No. 1 and Task No. 2 Grant Agreement LPA0495 with the Florida Department of Environmental Protection for the Palm River Public Utilities Renewal Project - Area 4” and authorize the Chairman to sign the attached Change Order. (Project No. 70257) District 2) D. PUBLIC SERVICES DEPARTMENT 1) Recommendation to approve and authorize the chairman to sign six 6) mortgage satisfactions for the State Housing Initiatives Partnership loan program in the amount of $88,476.83 due to the death of the borrower(s). (SHIP Grant Fund 1053) (All Districts) 2) Recommendation to authorize the necessary Budget Amendment to reflect the estimated funding for the Emergency Home Assistance Program in the amount of $100,000 and approve a Memorandum of Understanding (MOU) with Centro-Campesino Farmworker Center. Human Services Grant Fund 1837) (All Districts) 3) Recommendation to authorize a Budget Amendment to allow continuous operation of the State Housing Initiatives Partnership Program with an anticipated award in the amount of $3,026,866 for State FY 2024/2025. (SHIP Grant Fund 1053) (All Districts) 4) Recommendation to approve after-the-fact contract Amendments Five and Six between the Area Agency on Aging for Southwest Florida Inc., and Collier County Services for Seniors Emergency Home Energy Assistance Program FY23 funds to replace Attachment IX- Budget Summary and recognize additional funding in the total amount of $1,662.15; and authorize the necessary Budget Amendment. Human Services Grant Fund 1837) (All Districts) 5) Recommendation to approve and authorize the Chairman to sign the Fourth Amendment to a HOME Investment Partnerships Program subrecipient agreement between Habitat for Humanity of Collier Page 13 June 11, 2024 County, Inc., and Collier County, to revise language, update information, and clarify grantor requirements. (No Fiscal Impact – Housing Grant Fund 1835) (All Districts) 6) Recommendation to approve and authorize the Chairman to sign Amendment Two between David Lawrence Mental Health Center, Inc., and Collier County to reallocate funding for the Criminal Justice, Mental Health, and Substance Abuse Reinvestment Grant Agreement LH823). (Housing Grant Fund 1835) (All Districts) 7) Recommendation to approve and authorize the chairman to sign eight 8) mortgage satisfactions for the State Housing Initiatives Partnership loan program in the amount of $121,737.86 and to authorize the associated Budget Amendment to appropriate repayment amount totaling $61,560.01. (SHIP Grant Fund 1053) (All Districts) 8) Recommendation that the Board of County Commissioners, and the Board of County Commissioners (Board) acting as the Community Redevelopment Agency Board (CRA), approve a $4,000,000 capital project budget for the renovation of the Immokalee Sports Complex soccer fields, providing for the conversion of two (2) existing grass fields to artificial turf, construction of an additional restroom facility, addressing stormwater management issues, and authorizing necessary Budget Amendments. (District 5) 9) Recommendation to approve a revised Fourth Extension and Amendment to Interlocal Agreement between Collier County and the City of Naples governing use of City of Naples beach parking facilities and park and recreation programs extending the term to September 30, 2024, and authorize the Chair to sign the City of Naples modified 4th Amendment. (All Districts) E. CORPORATE BUSINESS OPERATIONS 1) Recommendation to approve and authorize the Chairman to sign a Memorandum of Understanding (MOU) between Collier County and MHP Bembridge, LLC, to further affordable housing initiatives through a $893,826.24 impact fee loan; authorize using Federal State and Local Fiscal Recovery Funds to reimburse the Affordable Workforce Housing (1075) fund in the amount of $893,826.24; Page 14 June 11, 2024 authorize all associated Budget Amendments; and authorize the Chairman to execute all related loan documents. (Fiscal Impact 893,826.24, Fund 1075) (All Districts) F. COUNTY MANAGER OPERATIONS 1) Recommendation to adopt a Resolution approving amendments 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 award Request for Proposal (“RFP”) No. 23- 8180, “Tourism Fulfillment Services,” for three years to Paralegal Consultants, LLC, d/b/a Prism Consulting, for a contractual amount of 162,000 (yearly amount of $54,000) plus reimbursable expenditures, authorize the Chairman to sign the attached Agreement, and make a finding that the related expenditure promotes tourism. (All Districts) 3) Recommendation to approve an after-the-fact total invoice amount of 3,780.47 to REV-RTC for parts received with a final payment amount to the vendor of $2,142.47 after receipt of a credit memo. (All Districts) 4) Recommendation to approve a Lease Agreement between Collier County and Patriot Place Trust, for continued occupancy of the Sheriff’s Office District 5 Substation located at 13245 Tamiami Trail East. (District 1) G. AIRPORT AUTHORITY 1) Recommendation to authorize a Budget Amendment to reallocate 100,000 of remaining capital funds from the completed Runway 18- 36 Rehabilitation capital project at the Immokalee Regional Airport IMM) to the Everglades Airpark (X01) to complete culvert repairs. District 5) 2) This Item continued from the May 28, 2024, BCC Meeting. Recommendation that the Board of County Commissioners, acting as Page 15 June 11, 2024 the Airport Authority, award Solicitation No. 23-8080 “Immokalee Regional Airport Hangar/Commercial Aeronautical Development- Parcels A & E,” authorize its Chairman to execute the attached lease agreement with Quality Enterprises USA, Inc., and approve the termination letter for RTH Enterprise, Inc. (District 5) 3) Recommendation to adopt a Resolution authorizing execution of the Florida Department of Transportation (FDOT) Public Transportation Grant Agreement (PTGA) Number G2Y90 in the amount of $199,100 for the Immokalee Regional Airport (IMM) for the Purchase and Installation of an Emergency Generator, authorize the Chair to sign the Grant Agreement and authorize all necessary budget amendments. Airport Grant Fund 4093 and Airport Grant Match Fund 4094) District 5) H. BOARD OF COUNTY COMMISSIONERS I. MISCELLANEOUS CORRESPONDENCE J. OTHER CONSTITUTIONAL OFFICERS 1) Approve a Budget Amendment recognizing $1,844,000 in revenues and expenditures in the Sheriff's Office FY 2024 General Fund budget. (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 31,716,756.20 were drawn for the periods between May 16, 2024 and May 29, 2024 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 June 5, 2024. (All Districts) K. COUNTY ATTORNEY 1) Recommendation to reappoint three members to the Contractors Licensing Board. (All Districts) Page 16 June 11, 2024 2) Recommendation to extend the sunset date for the Coastal Storm Risk Management Feasibility Study Ad Hoc Advisory Committee and declare a vacancy. (District 1, District 2, District 4) 3) Recommendation to appoint Benita Staadecker to the Public Transit Advisory Committee. (All Districts) 4) Recommendation to approve a $24,408.52 full value settlement with Scott Commercial Contracting, LLC, for damages caused to a 16-inch potable water main near the intersection of Tamiami Trail North (U.S. 41), 107th Avenue North and Creekside Boulevard, for County Court Case No. 24-CC-0443; and authorize the Chairman to execute a standard form release. (All Districts) 5) Recommendation to extend the sunset date for the East of 951 Ad Hoc Advisory Committee. (District 3, District 5) 6) Recommendation to declare a vacancy on the Golden Gate Beautification MSTU Advisory Committee. (All Districts) 7) Recommendation to declare a vacancy on the Code Enforcement Board. (All Districts) 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 the Commission members to provide ex-parte disclosure. Should a hearing be held on this item, all participants are Page 17 June 11, 2024 required to be sworn in. Recommendation to approve an Ordinance rezoning a 4.86± acre property located at 135 Price Street from the Rural Agricultural (A) Zoning District to the Residential Single Family-2 (RSF-2) Zoning District to allow up to three single-family dwelling units in Section 4, Township 51 South, Range 26 East, Collier County, Florida. PL20220002704] (District 1) B. Recommendation to approve an amendment of the Collier County Ordinance No. 72-1, as amended, the Collier County Lighting District Ordinance, to include Mission Hills Drive, Buckstone Drive, and Pristine Drive in the Collier County Lighting District, for the benefit of surrounding residential subdivisions including Black Bear Ridge, Sonoma Oaks, Raffia Preserve, Vanderbilt Reserve, Falls of Portofino Condominium, the Mission Hills Shopping Center and Vanderbilt Commons commercial developments, and the remaining commercial parcels located on the northwest corner of the intersection of Vanderbilt Beach Road and Collier Boulevard, lying in Section 34, Township 48 South, Range 26 East. (District 3) C. Recommendation to adopt an Ordinance amending the Collier County Growth Management Plan, specifically amending the Future Land Use Map to change the land use planning period to 2024-2050 and directing transmittal of the adoption amendment to the Florida Department of Commerce. PL20220006512 - Future Land Use Map Extension GMPA (All Districts) 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD’S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER’S OFFICE AT 252-8383. June 11, 2024 Page 2 MS. PATTERSON: Chair, you have a live mic. CHAIRMAN HALL: Good morning, everyone. Welcome to the meeting. I just want to remind everyone to please turn your cell phones off because it can be distracting, and it can be embarrassing, so we want to save you from that. I do want to remind you, if you registered to speak this morning, you've got three minutes. When the little yellow light goes off, that's 30-second warning. When the red light goes off, that means we're finished. So if you could please adhere to that. Also, when public speakers come up, this is not an emotional time. This is business. So whether you agree or whether you disagree, I'm going to ask you to hold your applause or hold your scoff, because I don't want to put up with that -- So Commissioner LoCastro is right on time. Everybody give him a round of applause. (Applause.) COMMISSIONER LoCASTRO: I took the District 5 roads. They're horrible. District 1, I usually get through perfectly. COMMISSIONER McDANIEL: And on that note, you weren't here, but please shut off your cell phone, sir. We don't want you to be embarrassed. COMMISSIONER LoCASTRO: Hi, Mama McDaniel. We just want to make sure you're watching. We want to say hi. COMMISSIONER McDANIEL: Mother is watching, I saw her at the computer this morning. So good morning, Mother. COMMISSIONER LoCASTRO: I hope everybody made it safe. It's pretty treacherous out there right now. CHAIRMAN HALL: Well, we'll get the pledge and the prayer done. That will help us. COMMISSIONER McDANIEL: Amen. June 11, 2024 Page 3 Item #1A INVOCATION BY PASTOR DAVID WILDMAN, GROW CHURCH ESTATES MS. PATTERSON: Commissioners, we have the invocation today by Pastor David Wildman, Grow Church Estates, and our pledge will be led by Joe Szulewski, United States Air Force Buck Sergeant from the Korean War. PASTOR WILDMAN: Let us pray. Heaven Father, we thank you for the opportunity to gather again for this commissioner meeting this morning. Even if it's raining outside, we're grateful that we get to be here safely in this place. We thank you for this beautiful county that we get to call home, and we don't want to take anything for granted that we've been given. We lift up the Commissioners and every decision-maker in the room this morning. We bless -- we pray a blessing over their families, over their households, over their children. We request your wisdom and your guidance as you promise us in the Book of James, that when we ask for wisdom, that you give it to us liberally. We pray for all the residents and visitors and people that call this county home and all the entrepreneurs and business owners and first responders and military personnel, and we pray protection over them, each and every one of them, especially as they're working out in this weather, this week especially. We thank the Lord for the discussions that are taking place today. We seek for your wisdom and your guidance, that the decisions that are being made are in the best benefit and for those who call this county home and live here and work here. We pray that the right words will be said in the right time and in the right tone in this room this morning. June 11, 2024 Page 4 We emphasize your wise stewardship, Lord, that comes only from you and from your wisdom from your word. We aim to reflect your love and truth in all actions, and we strive to do the best for everyone in the community, and we pray all these things in your holy name, amen. (The Pledge of Allegiance was recited in unison.) CHAIRMAN HALL: I'm going to make a motion to allow Commissioner Kowal to join us on Zoom. COMMISSIONER McDANIEL: Second. CHAIRMAN HALL: Second. All in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN HALL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN HALL: Good morning, Commissioner. COMMISSIONER KOWAL: Good morning, Chairman. I hope you can hear me. CHAIRMAN HALL: Oh, yes. 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 HALL; SECONDED BY COMMISSIONER MCDANIEL – APPROVED AND/OR ADOPTED W/CHANGES MS. PATTERSON: Commissioners, agenda changes for June 11th, 2024. June 11, 2024 Page 5 Item 10B will be heard at 9:30 a.m. This is a recommendation to adopt the attached resolution in opposition to Amendment IV titled as American -- "Amendment to Limit Government Interference with Abortion, which, if enacted, would amend the Florida Constitution to greatly enhance abortions in Florida." This is at Commissioner Hall's request. Continue Item 16E1 to June 25th, 2024. This is a recommendation to approve and authorize the Chairman to sign a memorandum of understanding between Collier County and MHP Bembridge, LLC, to further affordable housing initiatives through an $893,826.24 impact fee loan, authorize using federal, state, and local Fiscal Recovery Funds to reimburse the affordable workforce housing fund in the amount of $893,826.24, and authorize all associated budget amendments, and authorize the Chairman to execute all related loan documents. Move item -- oh, that's being moved at staff's request. Move Item 17A to 9B. This is a recommendation to approve an ordinance rezoning a 4.86 plus/minus acre property located at 135 Price Street from the Rural Agricultural zoning district to the Residential Single-Family 2 zoning district to allow up to three single-family dwelling units in Section 4, Township 51 South, Range 26 East, Collier County, Florida. This is being moved at Commissioner LoCastro's request. And move Item 16B15 to 11G. This is a recommendation to authorize the County Manager or designee to provide $5,333.33 to the Trust for Public Lands for preparation of a grant application for the acquisition of the Seminole Gulf Rail Line, and to pledge up to $241,611 towards the local match for the grant. This is being moved at Commissioner Hall's request. I do have an agenda correction. Item 9A should be listed with a District 2 rather than District 4. June 11, 2024 Page 6 And we do have two time-certain items. Item 10A to be heard prior to Item 4, proclamations. This is a resolution naming the helipad located at the Collier County Sheriff's Office District 8 substation in Immokalee the Larry H. Ray, LTC, Retired, U.S. Army Helipad. And then as noted, Item 10B is to be heard at 9:30. That's a resolution in opposition to Amendment IV titled as an "Amendment to limit government interference with abortions." We do have court reporter breaks scheduled for 10:30 and again at 2:50. And with that, we do have speakers, I believe, on the consent agenda if you want to do your changes and ex parte, and then we'll go to the speakers or vice versa. CHAIRMAN HALL: We'll do changes and ex parte, and then I'll address the -- before we do the speakers. So changes and ex parte, Commissioner Kowal. COMMISSIONER KOWAL: I have no changes and nothing on the summary or consent. CHAIRMAN HALL: Commissioner Saunders. COMMISSIONER SAUNDERS: Thank you. I have no changes to the agenda and no disclosures on the consent agenda. CHAIRMAN HALL: Commissioner McDaniel. COMMISSIONER McDANIEL: No changes and no disclosures on the consent or summary, sir. CHAIRMAN HALL: Commissioner LoCastro. COMMISSIONER LoCASTRO: I have no changes. I have one disclosure on summary which was 17A, but I think that's one of the ones that we've moved. I had correspondence. CHAIRMAN HALL: And I have no changes and no ex parte. So do we have a motion to approve it? June 11, 2024 Page 7 MS. PATTERSON: Do you want to hear the -- address the speakers? MR. MILLER: I have -- actually, I have a second consent-agenda item I've received a speaker slip for. Maybe we'll call that one first because I have 16 on the other item. 16D8, Manny Touron. There's Manny. CHAIRMAN HALL: There's Manny. MR. TOURON: Good morning, everyone. COMMISSIONER McDANIEL: Good morning, Manny. MR. TOURON: I want to thank the Board of County Commissioners, the CRA, and the county staff for all their efforts to bring renovations of the Immokalee Sports Complex fields to the consent agenda. Immokalee parks have been in need of attention for some time. The commissioners heard, and they are delivering. Youth sports in Immokalee continue to grow. This past week, we were able to have the assistant head coach from FGCU men's soccer team to provide a four-day camp for 30 of our players, and last night we had 78 players on the field at the start of our summer skills academy. With fields closed at the Immokalee Sports Complex, we are fortunate to lease space at both high school and Boys and Girls Club for daylight hours. We realize that the path to adequate field space in Immokalee is going to be a long, bumpy road for anyone who uses fields, but we have our eye on the prize. The renovation of the sports complex fields is a great first step. We hope it is soon followed by fields at the Williams property. Thank you so much for all your recognition to our issues in the sports arena in Immokalee. Thank you so much. COMMISSIONER LoCASTRO: Thanks, Manny. MR. MILLER: Mr. Chair, the other 16 speakers are all June 11, 2024 Page 8 speaking on Item 16B14, which is a paratransit grant item. Your first speaker is Charles Lascari. CHAIRMAN HALL: All right. So before we get started with 16 speakers, if everyone is going to say the same thing, you certainly have that right, and we want to hear it, but this is a consent item that we plan on passing. So if there is an opposition, we want to know that, or if you have specific questions, let us know that, and we can get you directed to -- I believe it's Brian in the back as soon as we pass this. So there again, you have every right to speak for three minutes, but if you're going to say the same thing, you know, we're all human up here. So thank you, sir. MR. LASCARI: Thank you. I may need some help with knowing when my time is up, because I won't be able to see the colors. MR. MILLER: There will be a single beep at 30 seconds to go, and then -- CHAIRMAN HALL: We'll help you out. MR. MILLER: -- it will beep after that. MR. LASCARI: Okay. Thank you. My name is Charles Lascari, I have been a resident of Collier County for the past 10 years after relocating here from New Jersey. I am in District 4. I am living with macular degeneration, which means that I have lost all of my central vision. I still have some vision, which is peripheral vision, which means that I can find my way back to my seat, but I can no longer read, I can no longer write, and I can no longer drive, and I can no longer recognize faces. That has been a life-changing event for me. I will tell you very briefly that I spent my whole entire career working as a registered nurse in two large medical centers in New Jersey. I felt my greatest achievement was helping a local hospital June 11, 2024 Page 9 to get designated as a Level 2 trauma center, and then following that I was able to go before boards similar to this to convince the board and the public to build a helipad for the transportation of critically injured patients to our local hospital. I was awarded Citizen of the Year for that because it enabled the residents in the area to approve building the helipad in a very residential area. I've worked in surgical intensive care units, I've worked in emergency rooms, and I've worked in organ transplantation. Next month I am due to renew my license as a registered nurse after working for 50 years. I can no longer do that. I am still mentally able, I am still physically able, but I no longer have the sight to be able to start an IV in your arm, look at your cardiac monitor to make sure you're not going into a lethal arrhythmia, or be in the operating room to guide the right kidney to the right room, to the right patient with the right blood type. It's disappointing to me to not be able to do that any longer. As a result of that, I have to depend on somebody to get me every single place I go. I have relied on the paratransit system, which I've been riding for the past few months. I am grateful for that system, but it is not an ideal system. Sometimes I feel like a seven-year-old kid waiting at the window for the bus to arrive. Sometimes I have to be ready an hour and a half early. Sometimes the bus shows up late, and I miss my appointments. I'm here to ask for your support for additional funding for the paratransit system. There are many others like me who are more blind than I am. But don't think about me. I'm a 74-year-old man. Think about the young kids in kids camp at the Lighthouse or for the 19-year-old I ride the bus with or for the lady in a wheelchair who's wheelchair bound. We need to get to the places we need to get. Funding is sure. I understand there are going to be some June 11, 2024 Page 10 cutbacks in funding because we are already, year to date, over-budget. I am currently on the local coordinating board of the Metropolitan Planning Organization. And I guess my time is up. But I am in full support of a grant for more buses and more drivers to help us get to where we need to get. CHAIRMAN HALL: Thank you, sir. MR. LASCARI: Thank you. MR. MILLER: Your next speaker is Joel Monexil, and Joel will be followed by Alan Bearman. MR. MONEXIL: Good morning, everybody. CHAIRMAN HALL: Good morning. MR. MONEXIL: My name is Joel Monexil. I get -- in 1989, I'm working for Publix department. I got a big accident on the head. After -- after that, I'm going to take the appointment for the blind -- for the -- my vision is a problem. I'm not drive because the doctor has got a shot on the left side. It blind me. December -- December 2023 -- no, December -- December '23 because after January I come back and I'm blind. I tell my doctor, he's somewhat event [sic] because before I'm see everything. Now I'm blind. He say, "Oh, I don't know, because you got a shot on the left side." Why? Okay. Because I'm talk to my lawyer. My lawyer talk to their doctor. Doctor say, "I don't know, Joel." He said, I believe -- the doctor said -- my lawyer said, "No, Joel, before he's not blind. He working. He's good." Okay. After that, I'm go -- my lawyer call Fort Myers Vision Blind. The Vision Blind help me because I'm coming for the Lighthouse because -- now he try help me, the paratransit for a long time. The paratransit, it help me, because now these are the people -- new people -- new company, they coming, paratransit. He said -- he named the Kevin guy. Anytime he changed the -- he June 11, 2024 Page 11 changed the tablet on the left side. Sometimes I'm leaving a good job [sic] because he talk to people, and the people -- Immokalee world back my Lighthouse. He said, "My home is 50 minute." Because he go to Immokalee. Sometimes I've got two hour on the bus. I'm hungry. I'm tell Kevin, "What happened?" It's not good. I'm call the manager, Marty. He's going to help me because Kevin -- because these peoples know dispatch. You go for the driver, because Kevin is not ready for the drop. Thank you. MR. MILLER: Your next speaker is Alan Bearman. He will be followed by John Castle. MR. BEARMAN: Hi. Thank you very much for letting me speak. I'm a little bit -- it's very confusing after hearing that there's so much support for the program. I'm not used to getting things that I wanted. The last time I asked for something, a bicycle, my mother sent me to military school. And when I heard the bugle, I wanted a bugle, and when I called her and asked for that, she made me stay several more years. So it's rather confusing to find people actually in support. And most of the others will tell you that -- many of the problems that we get and the confusion on the bus and being driven all around. And I know -- I know it serves so many people besides the blind community. So the more buses, it's just -- it's just an amazing, amazing wanting that. Thank you. CHAIRMAN HALL: Thank you, Joe. MR. MILLER: Your next speaker is John Castle. He'll be followed by Martin Clive. MR. CASTLE: Thank you. I'm not going to get into my June 11, 2024 Page 12 personal situation or anything like that. I'm in favor of a budget increase to the para department but throwing six buses to sit in your yard is not going to solve your problem. You don't have enough drivers for the equipment you already have. Take that money, revamp the dispatch system, and revamp the logistics as a whole, and that will solve your problem. You have enough equipment. It's just not being run right, and that starts from the top down. I'm sorry, I don't know who she is or him, so I'm not trying to throw nobody under a bus here. Solve a problem. Don't just throw equipment at it. And if you solve the logistics problem, I guarantee you'll see about a 20 percent decrease in your overall fuel costs, which you won't have to sit here and keep upping the budget. Thank you. MR. MILLER: Your next speaker is Martin Clive. He'll be followed by Patricia Headly. MR. DELAHEY: Good morning. My name is actually Martin Delahay. My middle name's Clive, but never mind. I'm here very simply to support as much help as we can get for disabled people of all types, especially people like us who are blind or disabled. It's very difficult, when you can't see, to lead an ordinary life. I'm a little more fortunate than many. I have a carer who can drive me most places. But if that carer stops, I'll be using the buses more. And we've all heard the horrendous stories of people trapped on buses for hours on end. I'm not too sure my bladder would last that long. But I support -- I'm purely here for more buses and more staff. Thank you very much. CHAIRMAN HALL: Thank you, Martin. MR. MILLER: Your next speaker is Patricia Headly. She'll be followed by Majken Eligard -- or Elgaard. Excuse me. June 11, 2024 Page 13 MS. HEADLY: Good morning. My name is Patricia Headly. Oh, I have to get -- you can tell I'm blind. What's this? Okay. I'm Patricia Headly. I am a former professional tennis coach. I also worked for American Express in my salad years. I suddenly lost my eyesight and my ability to read, my ability to drive, and my ability to hit an ace. But I have to tell you, I've heard all the scuttlebutt about budget and everything. Let me tell you something. Naples is the richest, per capita, city in the United States, according to the news. I don't want to hear that there's not enough money in a budget to help people like me. And I think that you can figure out a better way to get more buses, more bus drivers, and better dispatch than what you have now. Because I sat on a bus the other day for four hours. My back teeth were floating, let me tell you. So I think you need to do a better job and get the money from the rich people who are knocking down hundred-million-dollar mansions and building new ones. So that's all I have to say, because I get a little bit mad when I don't [sic] hear, oh, there's not enough money, because there is enough money. You’ve got to find it. Thank you so much. MR. MILLER: Your next speaker is Majken Elgaard, and she will be followed by Kent Husted. I hope I said that correctly. MS. ELGAARD: You did not. My name is Majken Elgaard. I am like every -- most of the people here, legally blind and very, very, very dependent on the CAT Connect bus. Unfortunately, -- I appreciate the service very much because without it, I'd be totally lost. It would be even worse than it is. However, the -- not the scheduling, but the routing is terrible. The other day -- I live in the northern area or section of the area. We were three people on the bus. The driver took the first person to a June 11, 2024 Page 14 community about five minutes from the northern border of the district; dropped that person off. Then he turned around and went south for 20 minutes to drop another person off. Then he turned around and went north for another 20 minutes to drop me off, which means that 40 minutes were wasted. If they had gone from the southernmost person to the next person to the next person, it would have saved half an hour of time and driving. So I am definitely in favor of getting more vehicles. A thought I have is I am frequently one person on a bus that has room for 12 to 14 people. I have occasionally been on a SUV that holds four people or three people. And it may be more advantageous to get more SUVs to service more people. I don't need one bus for 12 people for one person. So I would suggest going for the SUVs rather than buses, but that's my idea. And, lastly, I want to compliment CAT Connect because they have greatly improved the telephone service, which used to be outrageous, and now it is very good. So I appreciate that. Thank you. CHAIRMAN HALL: Thanks, Majken. MR. MILLER: Your next speaker is Kent Husted to be followed by David Whitney. MR. HUSTED: Hi, gentlemen. I really appreciate all of your work. And we're here today just to talk about how important CAT Connect is to us. I can't drive anymore, and I really rely on it to get around to the doctor appointments, go to the grocery, go to the Lighthouse where we have IOS class, where we learn about tech, we have book clubs, and we have support groups, and it's really important. But recently I've started just Zooming in, because sometimes the bus just is not -- they're not on schedule. I mean, it could be an hour June 11, 2024 Page 15 past. They cannot show up. They could take me off the bus and reroute me. So it gets a little -- a little annoying sometimes when you're waiting for the bus and they don't show up, and it's hard to schedule your day. And I'd like to also say the employees are wonderful. The drivers are wonderful. They help us get to our door. You know, they're very good. And the managements, they're very good. I just don't think there's enough buses. And I'm on the bus by myself a lot, and sometimes I'm scratching my head when you could have SUVs or smaller cars. We'd be a little bit -- it would be a little bit easier to move more people around. That's about all I have to say. And thank you very much for listening to me. MR. MILLER: Your next speaker is David Whitney, and he'll be followed by Mike Rinaldi. MR. WHITNEY: Hopefully I'm in the right place. Is my microphone working? Yeah. I'm David Whitney. I moved here 11 years ago. I was a teacher up in Georgia, and I also worked as a professor -- adjunct professor at the University of Georgia. Moved here 11 years. And one of the reasons I moved here was because of the Lighthouse of Collier for the blind and another was because of the paratransit system because that wasn't good where I lived. Ironically, my own brother's a computer programmer that worked for MARTA, the rapid transit system in Atlanta, and as a result, paratransit is a federally funded program, but unfortunately, it's run by individual counties, which I don't think is really fair to you guys, so thank you for doing what you're doing in listening to us today. But example being, when that went through up in Atlanta, they had one guy that they'd have to pick up on a full-size bus to take him June 11, 2024 Page 16 to wherever. You do it better, but it's not perfect. I've been fortunate enough to ride the service in Sarasota a number of times, run by a different company, which is, I have to just say, much better. I will say four quick things that would make this service the way Collier County really should be and advertises itself as being, elite, but as visually impaired, disabled, elderly people, we're quite often the forgotten people, bottom of the barrel. So I just want to make my point. First of all, when it comes to us paying our individual fees, great, three bucks each way, four bucks, I don't care. Please take credit cards, for crying out loud, you know. It's everything. Whether you take Uber or -- I have to get my groceries delivered, but they have my credit card on file. If you have my name, my address, my phone number, you can have my credit card number, and I would just like to call in and say, "I need a ride from my house to the Lighthouse of Collier" or to one of my six different doctors that I have appointments with. I have multiple sclerosis in addition to my eye disease, so I have a lot of doctors' appointments, and I get tired of calling and having to tell them I'm not going to be there on time. Take credit cards. Pay the drivers more. They only get 12.50 an hour, last I heard. I hope that's gone up. But that's $25,000 a year. No one's going to do that job for that money. We used to have a simple program when I started here where I simply would call in, I'd mail in a check for 30 bucks, they'd send me ten, $3 tickets -- and I know I'm out of time -- but at least it worked. All of a sudden, in the last few years, I'm not sure what changed, if it was the company that changed that you hire for it or what, but the service got to be horrendous to the point where I had to cancel and cancel and cancel doctor's appointment after doctor's appointment after doctor's appointment. That's humiliating, and it's not right, and I know you guys know that it's not right. June 11, 2024 Page 17 So please let this go through. If you want to see a model that really is done nicely, like I said, the one in Sarasota, which, from my research, is run by a company called Breeze, and the shuttles are cleaner, they're quieter, they're nice, they're on time. And, yes, the people that do work for paratransit -- CHAIRMAN HALL: Let's wind this up, Mr. David. MR. WHITNEY: Yep. People are very nice. And I'm in favor of this, and for the one person at paratransit that -- when I called to say my driver couldn't find me, she simply said, "Well, can't you just hold up your cane?" Think of this building we're in right now. If I'm on one side of the building going like this (indicating), and the driver's on the other side of the building, how are they going to get to me? They're not, right? CHAIRMAN HALL: Right, thank you, sir. MR. WHITNEY: Thank you, again. MR. MILLER: Your next speaker is Mike Rinaldi. He'll be followed by Madalena Diosomito. MR. RINALDI: My name is Mike Rinaldi. I've lived in Naples since 1997. I joined the blind group about two years ago when I had a stroke. And I was clueless about disability. I had no idea the depth of the need until I had this blindness stroke happen to me. So I'm here to say that you need to allocate a lot more money for the bus service and for the vans. We also need to be more creative in what we do, because we met with Brian Wells more than a year ago. Last budget season he said, oh, we're getting six new buses -- net new buses, and we're using grant money. It's, like, big deal. They're building a house next to me that's going to sell for 10 million bucks. We need to find more money and use the grant money and get more cash for more buses. And it's not just the buses. It's the routing. We need people June 11, 2024 Page 18 from the outside to come in and evaluate how the routing's being done, because people are getting stuck on the bus for hours, as the other person had said earlier, back and forth without a proper logistics plan. Maybe there's better software. Maybe there's some AI out there that can improve that. But we're here just to show you that there's a real need out there, and it's not being met. And if you're not disabled, you don't see it. And keep in mind, most of us are old. This is a suburb community. It's all spread out. It's so hard to get to places once you can't drive. So get creative. Look to the outside for better scheduling, and, you know, maybe you need a waiver from the federal government. Maybe Byron Donalds can work on that for us so we can get inexpensive vans that don't have the lifts, because many of the people are ambulatory, but we just need the transportation help. Thank you for listening. MR. MILLER: Your next speaker is Madalena Diosomito, and she will be followed by Jan -- I'm not sure if this is Wolf or Wolk. Wolk. MS. DIOSOMINO: Good morning. You pronounced that very well, Madalena Diosomito. Say that five times, and you'll be cured of anything. I just want to share my experience with the CAT. As you can see, I am blind. I have retinitis pigmentosa, and after quite a few years, I've lost vision in both eyes. My daughter, Kiana Diosomito, has cerebral palsy, and she's confined to a wheelchair. Kiana and I use the CAT on different occasions. The CAT is very important to us. Let me backtrack a bit. I was a teacher. I was forced to retire because I lost my vision. So you can imagine how I felt. I was very active in my community. I would go to work every day. I'd teach June 11, 2024 Page 19 my students. I'd go home. I'd take care of my daughter and my husband. And after losing my vision it was difficult, but I needed to work towards independence, and that's what I encourage in my daughter as well. It doesn't matter how physically challenged she is; she's important to this world, and she can do anything or everything as everyone else, just in her own way. And so Kiana and I use the CAT, as I said, to get to the Lighthouse, to get to doctor appointments, social events. Unfortunately, there are times where -- now don't get me wrong, we are very appreciative of the CAT. Without them, we couldn't do a lot of things. I do have my husband, who helps us, but it's very important for us to be as independent as we can so that I don't have to rely on my husband or other people all the time. But there are times that the CAT fails and either we're late to appointments, which are very important, or to the Lighthouse or other issues as that. Another thing that's very difficult is that those of us who are riders on the bus, at times, as you've heard some of them mention, we're on the bus for hours. And I want you-all to think of this. You've seen quite a few of us walk up here who are visually challenged and/or blind. Close your eyes for a minute, just a minute, and listen to what I have to say. You get on a bus. You can't see. You tell them where you're going, or the drivers know, and they're very well, and now you're on the bus for three hours. You don't know where you are. You don't know where you're heading. And you get home hours after the time that you're supposed to be there. Just think of that. Think of your children. Think of yourselves. At any moment in time, any of you here could be in our position. And so we're just asking that you provide more funding so that we can get more buses but also improve the way that they June 11, 2024 Page 20 dispatch the buses because at times, as someone mentioned, sorry, we go all around the town before we can get to our homes or to our destinations. So I just thank you for listening to us. And remember that we are all paying taxes. You know, we're all citizens here, and we're just looking for a better life for each and every one of us. CHAIRMAN HALL: Thank you, Madalena. MS. DIOSOMINO: Thank you. MR. MILLER: Your next speaker is Jan Wolk. She'll be followed by Maria Gutierrez. CHAIRMAN HALL: Mr. Miller, how many more speakers do we have on this subject? MR. MILLER: We have five. CHAIRMAN HALL: I just want to remind you, we understand the problem. We understand it very well, and we're empathetic with it. We're going to try to do our best here, in just a minute, as soon as we get through these speakers, to approve this grant. So if you have something that's different, sure, we want to hear it. Some of the solutions that we've heard so far, we are taking all notes, and we appreciate those solutions. So, Ms. Jan, go ahead. MS. WOLK: Yeah, I don't have anything really different to say. It's just that since I have been diagnosed with severe glaucoma, I have -- I had to give up driving, and it's really -- it's really hard not to be able to jump in the car and go somewhere and you have to get somebody to take you or, you know, plan around somebody else's workday. I do take the CAT to and from the Lighthouse. Coming to the Lighthouse is not too much of a problem. And I haven't been having a problem being late. It's just coming back again, when they're to come and get you at 2:30, you might be waiting an hour or so for June 11, 2024 Page 21 them to come, even though they tell you you're going to come home at 2:30. And then again, just like the others say, you're stuck on a bus. I live five minutes from the Lighthouse. And other people, of course, are further away. And the other day, they came, and they went straight through my development right past my house. And I said to them, "I live right here." Well, of course, they couldn't stop because they had to take somebody else way up yonder and then come back and all this. That's the problem we're having where people should be picked up and taken to where they -- like all the people in Marco Island in one place, go on that bus, not all over the place. And I think if we had more buses, we could probably do that and have a bus for, you know, Golden Gate come and pick up the Golden Gate people and so forth. And that's -- that's the situation that I see happening. And I hope that we can, you know, get this resolved. Thank you. MR. MILLER: Your next speaker is Maria Gutierrez, and she'll be followed by Judith Townsend. MS. GUTIERREZ: Good morning. My name is Maria Gutierrez. I am here just to support the funds for the transportation that you hear some of the other people -- it's the kind of frustration when we ride the bus. In my case, I lost sight of my vision in 2017, and I started using the CAT Connect services, like, two years ago. It's, like, different story every day when we ride the transportation. Some of us we need to use because of work or, like, social events, like others said, but sometimes we can be on time, maybe not, too early or too late. The CAT Connect transportation is doing a little bit better with the phone when we call, but, for example, sometimes when I call to cancel my trip, nobody answered the phone, or I leave a message, I June 11, 2024 Page 22 don't know if they hear the message or not. Even the drivers, sometimes they want to do the best that they can to help us to be on time for the appointments, but also, we understand that they need to follow the instructions that they have from dispatch. I know that they need better management. I don't know how, training maybe, or better way to schedule the trips, and that way we are not going to be long time riding the buses. In my case, I have a record of three hours in the bus. I think that it's unacceptable to be in north and then go down to north -- I'm sorry -- to southeast. In my case, I live in Golden Gate Estates, and even when we say Golden Gate Estates, it's not like we are, like, distance from 10 minutes away. Sometimes it's up to 25 minutes away from place to place. And I think they need to know the distance between places. You know, they're to consider our time when we ride the buses since sometimes we are not getting lunch. And it's just simple. We are long time hour from home. CHAIRMAN HALL: Thank you. MS. GUTIERREZ: Thank you. That's all from me. MR. MILLER: Your next speaker is Judith Townsend. She'll be followed by Scott Flagel or Flagle. MS. TOWNSEND: I'll say good morning, first of all, and I want to let you know that -- I want you to think for a moment. I have nothing with me, as you can see. I have no cards, nothing else. I want you to close your eyes and think about what it was like to get ready this morning. How quickly did you jump out of bed? How quickly did you do all those things? You find that it goes fast, don't you? Just like a snap of your fingers. You've had your coffee. You've had your shower. You're ready for work. When you have -- when you have a vision impairment, it doesn't June 11, 2024 Page 23 take that long. It probably took the people who are here days to plan for the fact that they are going to be coming to this meeting. How are you going to dress? What are you -- well, first of all, when you decide that you're going to be coming and dressing, you have to decide which way to put on your clothes; otherwise, they're on backwards or inside out, which is many times. If you have a vision impairment, you have to think about, oh, my goodness, what color are the clothes? I hear a voice whispering. Shh. Forgive me. I am rambling, and it's part of me having had a stroke, and because I have that, I tend to jump from one subject to another. What I wanted to do today was come here and just express the need for the transportation, as we all know we have it. I had a stroke. I was driving. I was working full time last November, and all of a sudden, I found that I was lying unconscious on the bathroom floor. I was paralyzed for approximately -- I think two months I was in ICU. I was unable to drive. I came home from the hospital in a wheelchair. My left hand was totally paralyzed. My left side was paralyzed. I've had to come and go through rehab with all of those things, and I'm better for it. It's tenacity and determination that have made me feel what I am able to do. And I'm determined, and I'm not going to give up this fight for having people having transportation. I don't have it. And I need it. It's -- it is -- I cannot express to you in words how confining -- and somebody mentioned the word "independence." We don't have independence when we can't jump in the car and drive and go somewhere. I don't have that anymore. I can't jump in and, okay, I'm ready, let's go. Your friends are ready. They can go. I used to have a full-time job, as I said. I don't have that anymore. I was working with children with special needs. June 11, 2024 Page 24 And please get back -- we need transportation. Thank you. CHAIRMAN HALL: Well, Judith, you look great today. You did well. MR. MILLER: Your next speaker is Scott Flagle or Flagel? MR. FLAGEL: Flagel. MR. MILLER: Flagel. And he will be followed by Nicole Aguilar. MR. FLAGEL: Good morning. I'm the CEO of the Lighthouse of Collier, and I just want to share a few comments. I'm not visually impaired, but I have to tell you that every agenda that I have at the Lighthouse -- we have an advisory committee made up of clients, and we want to set the agenda and meet every month. And what's first on the agenda? Transportation. Paratransit. Let's get to the second item. What's on the agenda? Paratransit transportation and so on. And that's what our meetings -- where we're trying to work on all the aspects of living, you know, visually impaired or blind. That's what we're dealing with at the Lighthouse. We sent out a satisfaction survey, and what comes back -- you know, you can read different items to correct. Staff is hoping they're going to give us some ideas about maybe new programs and new -- you know, new ideas. What comes up first? What comes -- I don't have to tell you because we've taken it -- you know, an hour of your time today to talk to you about it. And I think this is what happens sometimes when things get so bottled up and don't get a resolution, that this -- unfortunately, we had to take an hour of your precious time on the agenda. We did try to go through the right process. We invited paratransit in. We've had them in for meetings with our clients. We've had them invited to different events. So we've tried. So I June 11, 2024 Page 25 guess what I want to leave you with is it's a bigger problem than just funding. It's really making sure -- and I do appreciate the grant that hopefully is going to be passed after this is done. But it really needs to be looked at as an important aspect of living in Naples for all the people with disabilities to have a reliable system. And I don't have all the answers. And there are good days. And we're not -- and I've heard some positive notes, but it's not good to not know. It's, like, 50/50. If you woke up this morning, you were getting into your car and you thought there was one in two chances that your car wouldn't start, how would you feel? Because you wanted to be here. You had to be here. You had a responsibility. So that's what they're faced with is that, you know, the probability is not good when they call and get transportation. Sometimes they luck out. And I'll just close that we sit ready at the Lighthouse to work with the staff and to you and any other suggestions that you might have to help with this issue. Thank you. CHAIRMAN HALL: Thank you, Mr. Flagel. MR. MILLER: Your final speaker on this item is Nicole Aguilar. MS. AGUILAR: Hi, good morning. MR. MILLER: You can pull the mic down. MS. AGUILAR: Hello. So it's a pleasure to be here on behalf of the Lighthouse of Collier staff. Lighthouse is the only center in Collier County to serve individuals who are visually impaired or blind. We currently serve over 300 clients every year, and approximately 150 clients require transportation to get to our center. During my time working at Lighthouse of Collier, I can see that every day the paratransit system hasn't improved. Our clients have to wait three to -- two to three hours to be picked up and one to three June 11, 2024 Page 26 hours inside the bus on the way home. That is why some of our clients are here to talk about their experience with the paratransit system. They're grateful, but they need your help. Thank you for listening to us and have a nice day. CHAIRMAN HALL: Thank you, Nicole. MR. MILLER: And that's all of our speakers on that item, sir. CHAIRMAN HALL: I'm going to move to approve the consent agenda. COMMISSIONER McDANIEL: I'll second it. CHAIRMAN HALL: All in favor? COMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN HALL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: (No verbal response.) CHAIRMAN HALL: I do want to say thank you-all for coming. We've listened. We've heard every single one of you. We -- we have empathy for you, and we understand your frustrations, and I can promise you as a board we will empower those that are in charge to make the right decisions and to make the changes necessary to improve your life. So thank you. COMMISSIONER McDANIEL: Mr. Chair, can I say one thing? CHAIRMAN HALL: Yes. COMMISSIONER McDANIEL: Just -- and this isn't -- you know, Scott, you and I talked a couple of weeks ago when we were on the boat ride. It's important that -- and, again, this isn't all just about money. There was one fellow that talked about organization and logistics. But it's important for the community to hear, we spend -- this county spends $7 million a year on paratransit and those efforts to help our June 11, 2024 Page 27 folks with developmental disadvantages. Three and a half million, approximately 50 percent of that seven million, comes from the federal government with grants. So from an -- for an informational standpoint, we really -- I really appreciate hearing from the community that -- with specifics as to what we can do better to better help our folks that are suffering from these disadvantages. CHAIRMAN HALL: Commissioner Saunders. COMMISSIONER SAUNDERS: Thank you, Mr. Chairman. I think one of the things I heard this morning that is troubling -- and there were a lot of things in terms of the problems that are -- you were experiencing. But one of the things that troubled me quite a bit was the issue of logistics and not being able to have routing done properly. And what I'd like to suggest to the Commission is that we have our staff come back at our next meeting -- because we're in budget process now. But routing, that should be something that -- with technology, it should be a whole lot better than it is. I don't know who on our staff is in charge of the paratransit. COMMISSIONER McDANIEL: Trinity. COMMISSIONER SAUNDERS: But I'd like a report at our next meeting on what the issues are and what we need to do to improve that as part of what we're going to be doing going forward with this issue. I also want to thank everybody for being here. I do understand how difficult it was for you to get here this morning. CHAIRMAN HALL: Commissioner LoCastro. COMMISSIONER LoCASTRO: I want to echo thanks as well for coming and giving us valuable feedback, but -- and we just mentioned her name. Trinity Scott is one of the superstars on our county staff. June 11, 2024 Page 28 We always know we can do things better, and you've given us a list. We all wrote down things that were repetitive, so that tells us that it is a problem. But leave here knowing that, you know, we don't have Abbott and Costello running CAT. Trinity Scott is -- you know, Ronald Reagan would consider her his kitchen cabinet. And so I'm sure she's in the back hearing some things. And we don't always get it right, and we definitely can get it better. As Commissioner McDaniel said, we throw a lot of money at, you know, transit services. This commission, especially in the last year or so, we want to make sure we're not just spending money, but we're investing it and we're not wasting it. And so you've given us a lot of good things. And I can tell you it didn't fall on deaf ears, and the top person of the organization that, you know, you're here giving us feedback on is somebody that we really highly respect and we meet with regularly. So, you know, we look forward to hearing from Trinity and her staff and figuring out how we can tighten things up for you-all. So thank you very much for being here. And all your clothes and shirts and everything perfectly matched, not inside out. You guys did a great job. I was very impressed. I actually think my shirt's inside out and -- but all kidding aside, thank you for taking the time to come here. And I know you're representing a much larger population of people that use the transportation that couldn't be here. So we've heard you, and we have a top senior leader over that entire department. CHAIRMAN HALL: And, Commissioner Kowal? One Adam 12 to Commissioner Kowal. MR. MILLER: I see him. COMMISSIONER KOWAL: Can you hear me now? CHAIRMAN HALL: There we go. June 11, 2024 Page 29 COMMISSIONER KOWAL: Okay. Sorry. I echo what my fellow commissioners have said. And I know over the past few weeks, I've had some e-mail communications with people from Lighthouse. And I've been looking into and -- along with Trinity, who is a superstar in our staff -- and that, you know, from listening to some of the speakers, it sounds like maybe some other jurisdictions have a good grasp of, you know, some scheduling or how they're doing it theirselves. So sometimes you don't have to reinvent the wheel. You know, I'm proud enough to go and look and see what other people are doing and bring those ideas back to Collier County. Because definitely we want to shine and definitely be ahead of -- and be right up there with anybody else. So I'm glad I got a chance to hear some people today on this subject personally. Thank you. Proposed Agenda Changes Board of County Commissioners Meeting June 1,2024 Item 10B to be heard at 9:30: Recommendation to adopt the attached Resolution in opposition to Amendment 4 titled as an Amendment to Limit Government Interference with Abortion, which if enacted would amend the Florida Constitution to greatly enhance abortions in Florida. (Commissioner Hall's Request) Continue item 16E1 to the June 25,2024,BCC Meeting: Recommendation to approve and authorize the Chairman to sign a Memorandum of Understanding(MOU)between Collier County and MHP Bembridge, LLC,to further affordable housing initiatives through a$893,826.24 impact fee loan; authorize using Federal State and Local Fiscal Recovery Funds to reimburse the Affordable Workforce Housing(1075) fund in the amount of $893,826.24; authorize all associated Budget Amendments; and authorize the Chairman to execute all related loan documents. (Fiscal Impact$893,826.24, Fund 1075) (Staffs Request) Move item 17A to 9B: This item requires the Commission members to provide ex-parte disclosure. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance rezoning a 4.86±acre property located at 135 Price Street from the Rural Agricultural(A)Zoning District to the Residential Single Family-2 (RSF-2)Zoning District to allow up to three single-family dwelling units in Section 4, Township 51 South, Range 26 East, Collier County, Florida. [PL20220002704] (Commissioner LoCastro's Request) Move item 16B15 to 11G: Recommendation to authorize the County Manager or designee to provide $5,333.33 to the Trust for Public Lands for preparation of a grant application for the acquisition of the Seminole Gulf Rail Line and to pledge up to$241,611 toward the local match for the grant. (Commissioner Hall's Request) Notes: Item 9A should be listed with District 2 rather than District 4. TIME CERTAIN ITEMS: Item 10A to be heard prior to item 4: Proclamations: Resolution naming the helipad located at the Collier County Sheriffs Office District 8 Substation in Immokalee the"Larry H. Ray, LTC (ret)US Army Helipad. Item 10B to be heard at 9:30: Resolution in opposition to Amendment 4 titled as an Amendment to Limit Government Interference with Abortion. 6/11/2024 8:40 AM June 11, 2024 Page 30 Item #2B MAY 14, 2024, BCC MINUTES - MOTION TO APPROVE BY COMMISSIONER SAUNDERS; SECONDED BY COMMISSIONER HALL – APPROVED Item #2C MAY 28, 2024, BCC MINUTES - MOTION TO APPROVE BY COMMISSIONER SAUNDERS; SECONDED BY COMMISSIONER HALL – APPROVED MS. PATTERSON: Commissioners, that brings us to Items 2B and 2C, if you'd like to take those together. Those are the approval of the meeting minutes from May -- COMMISSIONER SAUNDERS: I'll make a motion to accept the minutes, 2B and 2C. CHAIRMAN HALL: Second. All in favor? COMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN HALL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. Item #10A RESOLUTION 2024-115: A RESOLUTION NAMING THE HELIPAD LOCATED AT THE COLLIER COUNTY SHERIFF’S OFFICE DISTRICT 8 SUBSTATION IN IMMOKALEE THE “LARRY H. RAY, LTC (RET) US ARMY HELIPAD” AND June 11, 2024 Page 31 DIRECT STAFF TO INSTALL APPROPRIATE SIGNAGE. (DISTRICT 5) - ADOPTED BY CONSENSUS MS. PATTERSON: Commissioners, that brings us to our first of our time-certain items. This is Item 10A. This is a resolution naming the helipad located at the Collier County Sheriff's Office District 8 substation in Immokalee the Larry H. Ray, LTC, lieutenant commander, retired U.S. Army Helipad. And this is brought to the agenda by Commissioner McDaniel. COMMISSIONER McDANIEL: Yes. Good morning. Larry, you want to come to the podium while I read your resolution? MR. RAY: I don't know. COMMISSIONER McDANIEL: You don't know? This -- if I may -- if I may, I'd like to read the resolution, sir. You know, Larry and I have been friends a long time. This whole adventure came about -- and I'll ramble on a little bit because we're in the process of getting our friends out who take a lot of time to get -- to get to wherever they're going, let alone anything. But I've known Larry a long time. He served as our Tax Collector. And I'm going to read this resolution and talk about everything else that Larry did back in the day. But one of Larry's friends approached me and suggested that we name a helicopter pad after Larry, and Larry thought the guy was messing with him. It was one of his golfing buddies, and Larry thought the guy was just messing with him. And then -- and really kind of shunned it. Didn't really want to mess with it. And then I happenstancely bumped into Larry at an event, and I said, "Hey, how come you're not so happy about the helicopter pad naming?" "Were you serious about that?" June 11, 2024 Page 32 So here we are today. So here you go, my friend. If you'll indulge, I'll try not to mess this up too awful much. Lieutenant Colonel Larry H. Ray served the United States Army between 1965 and 1987, graduating from both fixed and rotary wing flight schools and serving two tours of duty as a helicopter pilot in Vietnam. His specialties included field artillery and aviation, and he was awarded several medals and honors, including the bronze star medal, the distinguished flying cross, and the Legion of Merit award. Sometimes naming a helicopter pad after somebody just isn't enough. In 1991, Larry and wife Pam moved to Naples where he worked on the sports staff for Naples Community Hospital. He joined the management team at the hospital in 1995 as vice president of facilities and construction. In this role, he managed the expansion of several services, including construction of the Schick Heart Center, the Lutgert Cancer Center, and the Whitaker Wellness Center, and the expansion of the North Collier Hospital from 50 beds to 300. In '07, he joined the staff at Collier County Tax Collector as a compliance officer, elected the sixth Tax Collector in Collier County history in November of '08. Larry was responsible for the collection and distribution of all property taxes and tourist development taxes in Collier County. Additionally, as Tax Collector, he oversaw both Department of Motor Vehicles and driver's license operations in the county. Larry retired in 2021 after serving three terms. Larry Ray has always actively supported the Collier County community, having served on the boards of the Junior Achievement of Southwest Florida and Health Planning Council of South Florida. He has been a member of the Collier County's Privatization June 11, 2024 Page 33 Committee and Transportation Citizens Advisory Committee. He is a graduate of Leadership Collier, the Leadership Institute Executive Management Program at Hodges University, and is a past president of the North Collier -- North -- Naples North Rotary Club. Naming the helicopter pad at the Collier County Sheriff District 8 substation -- that's over in Immokalee, by the way, for people who aren't aware -- is a small token of our appreciation to a decorated pilot who has dedicated his life to serving his country and his community. The Sheriff's District 8 substation is -- also happens to be located in Immokalee government center across from Immokalee branch, and we're going to put a plaque up there as well, just so you know, Larry, so it will be memorialized. MR. RAY: All right. COMMISSIONER McDANIEL: Now, therefore, be it resolved by the Board of County Commissioners in Collier County, Florida, in honor of Larry H. Ray's service to his country and to Collier County, to name the helipad located at the Collier County Sheriff's district substation in Immokalee the "Larry H. Ray, LTC, Retired U.S. Army helipad," and to direct staff to install the appropriate signage. So forth, be resolved on this day -- well, it was -- I set this up back in April, and nobody fixed the date. So we're going to do it as of today. MR. RAY: Okay. (Applause.) MR. RAY: Well, I want to thank the Commission, and especially Commissioner McDaniel, for this honor. Certainly an honor. Unexpected honor. But I'm proud of my service. I was proud serving the citizens of the United States in those years in hostile action, and I certainly was proud to serve the citizens of Collier County as the Tax Collector and the DMV guy and the June 11, 2024 Page 34 hunting and fishing license guy. So thanks a lot. I appreciate it. It's been a pleasure to be down here. I hadn't been down here in a while. I spend a lot more time on the golf course now. I had to dig this out of -- COMMISSIONER McDANIEL: Dust the mothballs off? MR. RAY: Yeah, mothballs. Thanks a lot, Commissioners. I appreciate it. COMMISSIONER McDANIEL: Rob, you want to say a few words? No? Yes? I think, Larry, were you hired by Guy? MR. RAY: I was, I was. COMMISSIONER McDANIEL: Guy Carlton. MR. RAY: I was, yes. MR. STONEBURNER: For the record, Rob Stoneburner, Collier County Tax Collector, the seventh tax collector in Collier County history. I don't have a lot to say other than when we told Larry all those things and accomplishments that he did, he said, "If you find that guy," he says, "I want to meet him. He sounds like he's a pretty cool dude." So that's all I have to say. MR. RAY: Are we going to do a photo op? COMMISSIONER McDANIEL: Absolutely. MR. RAY: Oh, yeah. (Applause.) CHAIRMAN HALL: Ray, we're going to get this legitimized with real signatures and real date, and then we'll forward it to you. MR. RAY: It's going to look somewhat like this? CHAIRMAN HALL: It's going to look just like that, all pretty, signed, and executed and make you legit. MR. RAY: I appreciate it. I can only suck it in so long, so. June 11, 2024 Page 35 (Applause.) MR. STONEBURNER: A thorn between roses. (Applause.) COMMISSIONER McDANIEL: I really want to thank the Board for indulging in that. You know, there's a lot of folks that are unsung heroes that just kind of go along, and my friend Larry's certainly one of those. CHAIRMAN HALL: You're welcome. Ms. Patterson. Item #10B RESOLUTION 2024-116: THE ATTACHED RESOLUTION IN OPPOSITION TO AMENDMENT 4 TITLED AS AN AMENDMENT TO LIMIT GOVERNMENT INTERFERENCE WITH ABORTION, WHICH IF ENACTED WOULD AMEND THE FLORIDA CONSTITUTION TO GREATLY ENHANCE ABORTIONS IN FLORIDA. (ALL DISTRICTS) - MOTION TO ADOPT BY COMMISSIONER HALL; SECONDED BY COMMISSIONER MCDANIEL – ADOPTED COMMISSIONER SAUNDERS: Commissioners, that brings us to our 9:30 time-certain. That is Item 10B. It's a recommendation to adopt the attached resolution in opposition to Amendment IV titled as "Amendment to limit government interference with abortion which, if enacted, would amend the Florida Constitution to greatly enhance abortions in Florida." This item is brought to the agenda at Commissioner Hall's request. CHAIRMAN HALL: Thank you. Yes, I did. I brought this forward to pass it because, as an amendment -- as this Amendment IV comes to the ballot, it's not just June 11, 2024 Page 36 the content that I'm concerned about. It's more the process. The voters are going to vote on this in November, and I want to make sure that they understand fully what they're voting on. And because of the content, because of the process, we want to keep the powers to the state legislatures [sic] that represent us. And so that's why I brought this forward. Troy, how many public speakers have we got? MR. MILLER: Sir, we have 17 registered public speakers for this item. CHAIRMAN HALL: Okay. All right. MR. MILLER: All right. We'll begin here in the room with Keith Flaugh. And they've -- these speakers have put themselves in an order, and we'd like to go to Dr. John Littell on Zoom next. Keith has been ceded three additional minutes from Ryan Kennedy. Ryan, are you -- (Raises hand.) MR. MILLER: Oh, there he is over there. So Keith will have a total of six minutes, and I know, Amy, at some point Ryan's going to have some things he wants to put on the overhead for this. Keith, you have six minutes. MR. FLAUGH: Thank you. Good morning, Commissioners. I want to try to be brief and not use all six minutes. Florida Citizens Alliance is proud to stand for parental rights and protecting Florida's children. We urge the Collier County Board of County Commission to pass this unanimously. On the 20th -- in 2024 general election ballot this November, voters will have an opportunity and be presented with this very deceptive ballot measure that would enshrine abortion access up until the point of birth in the Florida Constitution. Don't be deceived. This amendment will do all of the following June 11, 2024 Page 37 if passed: It will allow access to abortion for all women up until the point of birth. It will allow individuals other than doctors to perform those abortions or grant access to abortions up until birth. It will remove parental consent for minors from the law, and it will remove any ability for the state to regulate safe medical standards in regards to abortion. I'd like to put on the agenda [sic] the actual language that's -- for those that can see it online. The highlighting on this is my highlighting, so... The important point is starting out with the first underline "no law." What this means is all current laws will be removed from the books that affect abortion, and no new laws from the legislature will be allowed under the Constitution. It goes on to say, "shall prohibit paralyzed delay or restrict abortion before viability." Viability is not defined. Therefore, given today's medical environment, that's right up until the time of birth. One of the more important words in this thing is the next word "'or' when necessary to protect the patient's health." Patient's health is not defined. It can be your emotional health, your physical health, or your financial health. "As determined by the patient's healthcare provider." Again, not defined. So this literally means, in the third chart that I'm going to ask Ryan to put up -- this chart is what's currently in law for medical practitioners in Florida. This law does go away. But as you can see, your massage therapist, your physical therapist, your eye doctor can actually perform or -- support the performance of the abortion without any medical procedure. So Collier citizens and all Floridians need to know the truth about this defective amendment. With this deceptive language, it June 11, 2024 Page 38 would enshrine in our constitution allowing for unsafe, unrestricted, unregulated abortion on demand up until the time of birth for all women, and equally important, it will remove consent for minors which are currently in law. And it no longer would require an abortion to be performed by a medical doctor. So I thank you, Commissioner Hall, for bringing this forward, and we look forward to all of you voting for life, not only for the unborn, but for the moms involved because abortions without medical regulation puts their life at risk, too. Thank you. (Applause.) MR. MILLER: Your next speaker is Dr. John Littell on Zoom, and Dr. Littell will be followed by Kristina Heuser. Dr. Littell, you're being prompted to unmute yourself. I see you've done that. Sir, you have three minutes. DR. LITTELL: Yes, thank you very much. It's an honor to be able to speak to you. I want to thank the commissioners for considering really what's going on throughout the country. I want to let you know I've been in practice for 35 years. I'm the medical director of five women pregnancy centers around the state of Florida. I had the opportunity to review many, many ultrasounds. I also -- one of the areas I'm involved with women is preventing miscarriages and helping woman with infertility. So each day, practically, in my office I have the joy of having women hear the heartbeat of their babies, you know, at various stages of gestation, women who have been trying so hard not to have another miscarriage. And I'm not sure if you all are aware, but 62 percent of the abortions in the state of Florida were do-it-yourself miscarriages last year, 62 percent of the abortions. And we had a record high number. I don't know the number off the top of my head, but it's incredible June 11, 2024 Page 39 that this is what's happening to healthcare. These women, as you just heard, their lives are in danger. They're going home and bleeding, hemorrhaging at various stages of gestation. And I can tell you this legislation -- this ballot initiative was actually nixed -- it was voted down by the three female justices of the Florida Supreme Court. All three women said this is deceptive language, and the four men -- this is our concern -- is that many men are going to turn out and vote, thinking that when they see the words "limiting government interference" on the ballot -- you know, we're freedom-loving people, and they're so smart, these Floridians Protecting Freedom, that's the group that put this out there. They think this is about freedom. Of course, it's not freeing for the woman or for the baby. But when you see "limiting government interference," you and I, we all know that a lot of folks are going to hit the "yes" button on that Amendment IV when, in fact, everything you just heard is absolutely true and frightening. Nine months of gestation, no parental consent for -- they say parental notification. That's after the fact. No parental consent for minors. And, yes, providers, not doctors, overseeing this really evil process, in my opinion. So I just want to congratulate Collier County for really being the first county that I know of in the state of Florida willing to even entertain a resolution like this. You can bet your bottom dollar I'll be bringing it here to Marion County and down to Sumter County if you guys have the courage to say to your citizens that this is hurting women and unborn children in a way that even -- I've got doctors who never were pro-life, OB/GYNs, friends of mine who never took a stand, they're saying this is out of control. What they are seeing in their practices, in the emergency rooms on call with do-it-yourself June 11, 2024 Page 40 miscarriages is -- I won't get into all the details, but folks, it is out of control in a way that I, in 35 years, never thought would happen in this country. And Planned Parenthood knows no limits. So I really thank you for considering really the savagery of this -- of this ballot initiative and doing whatever you can in your power to encourage your citizens to vote no on Amendment IV. And also, by the way, I'm the chairman of Do No Harm Florida, donoharmflorida, just on this very issue. So thank you again. I appreciate the time to speak. MR. MILLER: Your next speaker is Kristina Hauser. She'll be followed by Pastor Jeff Donaldson. CHAIRMAN HALL: I just want to remind everyone, this is a highly passionate and emotional subject, and in respect for everyone in the room, whether you're for it or whether you're against it, I'm going to ask you to hold your applause or to hold your other comments. Thank you. MS. HAUSER: Thank you, Commissioner Hall. And thank you for bringing this resolution forward and thank all of you commissioners for being thoughtful about this measure. It is very important. I agree with both of our prior speakers, the language is very deceptive, and it is important for government to inform the voters about what they will be looking at on the ballot when they make a decision. I don't want to be redundant with what the other speakers who went before me said, so instead I'd like to use my time to counter what I anticipate some speakers on the other side will say. It's often said -- and I anticipate that the messaging that we will hear around Amendment IV is that this is necessary to protect women's health, freedom, reproductive freedom, and I have to say, as a woman, myself, I find that incredibly offensive. It is not June 11, 2024 Page 41 empowering to women to urge women or even permit women to kill their own babies in the womb. In fact, the greatest power that we have as women, I believe, is the ability to bring forth human life. It's something that is unique to women, and it's something that should be celebrated and cherished and not attacked. I think it's incredibly perverse to instruct young women that it is empowering to them to kill their own babies, and it makes me very sad. And in fact, because I feel so strongly about this -- and I'm aware of the deception in the messaging and in what young women seeking help in times of crisis, when they go to Planned Parenthood and they are pressured into having an abortion and told that this will not cause them any harm, that it's just a routine medical procedure, because I'm so committed to countering that, I do volunteer my time as a sidewalk advocate. And we stand on the sidewalk outside of Planned Parenthood and try to talk to women and tell them about the other side, the things that Planned Parenthood doesn't tell them, which is that women who have abortions, they suffer from depression, extreme guilt that they will carry with them for the rest of their lives, and oftentimes commit suicide or at least contemplate suicide because they've made this irreversible decision. And nobody warns them about that. As a young mother myself, I probably fit a lot of the demographics that these women who support abortion will tell you. We are the group that need to have access to abortion. I was young. I was unmarried. I was not gainfully employed yet because I had just graduated from college, but I did not choose abortion, I chose life, and now I'm proud mother of a 20-year-old daughter who's very successful, about to complete her college degree. She's beautiful. She's faithful to the Lord, and I look forward to the impact that she will have on society in her years ahead. Every human life is valuable, and it's important that we, as a June 11, 2024 Page 42 society, hold up that standard, that government holds up that standard, which is that every human life has inherent value. Thank you. MR. MILLER: Your next speaker is Pastor Jeff Donaldson. He'll be followed by Father Michael Orsi. PASTOR DONALDSON: Good morning. Thank you for considering this important issue. Thank you for the way that you serve our amazing county. My name is Jeff Donaldson. I am senior pastor at Christ Community Naples located in Commissioner LoCastro's district. And we prayed this morning before we started our meeting the God would give us wisdom about decisions that are made. Then we stood and pledged allegiance to our country saying -- putting our hands over our hearts, recognizing our country is under God. And as a pastor, I'm sure people are surprised to see us speaking about a political issue, but I don't think it's a political issue. I think it's a moral issue. I think it's a Biblical issue. Thank you for your consideration to educate the voters in our county about this proposed change to our amendment. I would remind you that the United States Constitution does not grant the right to abortion, but the voters in Florida have the potential to be misled and misguided by the verbiage of this bill to add the right to abortion inside of our state constitution. That's what's at stake here. I appreciate the other speakers who've come before us to educate us and to plead with us about this issue. I greatly appreciate your willingness to listen, to be engaged, and to help our community understand what's at stake here. Thank you. MR. MILLER: Your next speaker is Father Michael Orsi. He'll be followed by Scott Kiley. FATHER ORSI: Good morning. Nice to see all of you again. I'm not here to speak about the evils of abortion. I'm here to June 11, 2024 Page 43 speak about the evil of Amendment IV. I'm looking at it not just from a religions point of view. I'm looking at this from a legal point of view and a point of view of common sense. Amendment IV is an affront to the people of Florida. Because it is poorly crafted, it does not lend itself to an informed voting response. Quite honestly, gentlemen, if a student in law school handed me something like this, I would throw it back at them. "You do not belong in law school. And, secondly, if you think you're going to be a good lawyer, you have exhibited a lack of integrity by how ambiguous this amendment is." If passed, this amendment would allow for unimagined consequences, politically, medically, economically, and morally, for years to come. Recall that three of the seven justices on the Supreme Court found the amendment to be ambiguous and confusing. Now, those are the three, I believe, legal scholars. If they find it difficult, what about the average voter? What do they find? What does Amendment IV call for? How many weeks will be allowed to terminate a pregnancy? Who would make that determination? A child? A parent? A guidance counselor? Who would perform the procedure? And what would be its financial impact on government revenue and on the state budget? You see, I have a political mind, too. As to the last question, a Leon County judge said the amendment needs revision. Another judge says it needs revision. She said that it is inaccurate, ambiguous, misleading, unclear, and confusing. In fact, this applies to the whole text. The people of Florida on either side of the abortion issue deserve better than this. How sad when people are asked to vote for an amendment that potentially has extreme implications which they cannot fully comprehend and would not approve of if they did. June 11, 2024 Page 44 Thank you. MR. MILLER: Your next speaker is Scott Kiley. He'll be followed by Michelle Albergo. MR. KILEY: Good morning, Commissioners. My name is Scott Kiley, and I am a citizen living in Collier County. I'm here today to speak in support of the Collier County resolution urging residents to vote no on Amendment IV. To begin, I'd like to provide some context. Commissioners, Naples was recently voted by U.S. News as the best city to live in America. The actions of this board, working with our constitutional sheriff along with our citizens, addressing the forces seeking to destroy America while the actions that you have taken are precisely what makes Naples the best city in America. I'd like to thank each commissioner for your bravery, for your love of humanity, and for your love of country. Amendment IV is crafted to deceive. It is designed to make voters believe it provides regulations for abortion after viability. The demonic deception comes from a broad health loophole that would allow abortion to the moment of birth if the healthcare provider, very loosely defined, who may be someone who doesn't even have a medical license, claims it's necessary to protect the patient's health, also very loosely defined. Courts have interpreted this as justifying abortion for virtually any reason. Let's look at the broader picture. We see the radical educational indoctrination of our children. We see the diabolical gender-identity ideology forced on the population. We see the global depopulation agenda. We witness record low fertility and birth rates. We see the destruction of the nuclear family and the war on parental rights. In Collier County, we are pushing back. Amendment IV further shreds the fabric of all that is good about June 11, 2024 Page 45 America. It is anti-Christian and is antifamily, and it is a war on the unborn. In summary, Florida Amendment IV is a proposed amendment to the Florida Constitution that will be on the November 5th, 2024, ballot. Amendment IV is abortion on demand by anyone for any reason up to the moment of birth. We must reject Amendment IV. I stand firmly in support of this resolution. Thank you. MR. MILLER: Your next speaker is Michelle Albergo. She'll be followed by Janet Hoffman. MS. ALBERGO: Good morning, Commissioners. My name is Michelle Albergo, and I'm here to represent the Christian Family Coalition of Florida. Thank you for placing this important resolution on today's agenda. Planned Parenthood and several Soros-backed groups have succeeded in placing an extreme proabortion amendment on Florida's ballot. Amendment IV would dramatically expand the killing of unborn babies in the state of Florida up to the ninth month of pregnancy. The wording of Amendment IV is intentionally deceptive in that it is designed to make voters believe it allows regulation of abortion after "viability," in quotes, but includes a "broad health," also in quotes, loophole that would allow abortion to the moment of birth if the healthcare provider, who can be pretty much anybody, claims it's necessary to protect the patient's health, which courts have interpreted as justifying abortion for virtually any reason, including morning sickness, anxiety, financial stress. Amendment IV would repeal Florida's Heartbeat Protection Act, which includes exceptions for rape and incest. It's going to rescind the 24-hour waiting period and sonogram requirement, eliminate parental consent for minors seeking an abortion, while deceptively allowing parental notification and do away with clinical safety June 11, 2024 Page 46 regulations for women by abolishing the legislature's power to regulate the abortion industry in virtually any way whatsoever. The Declaration of Independence declares it to be self-evident -- to be a self-evident truth that all men are created equal, that they are endowed by their creator with certain unalienable rights beginning with the right to life. Abortion violently ends the life of an unborn child and should not be enshrined in the Florida Constitution. Last month, Gilchrist County Commission became the first in the state to pass a resolution denouncing Amendment IV, and we're asking you to please join them today by condemning this horrible amendment. Thank you so much. MR. MILLER: Your next speaker is Janet Hoffman. She'll be followed by Katy Tardif. MS. HOFFMAN: My name is Janet Hoffman. Thank you very much. I'm concerned about the sanctity of a woman's life. Even with a health and life exception, physicians have been unable to provide evidence-based medical care for women who need it. Being unable to get this needed care until very close to death has meant the loss of fertility, severe organ damage, and at times death for the pregnant woman. The abortion ban is harming women who want to have a baby but the pregnancy is not viable. There are many ways that -- that can risk the woman's life and create severe consequences if it's not dealt with. Hydrocephalus, sepsis are some of those, and they are life-threatening, and they can damage a woman's organs. Opposing Amendment IV, to me, is not honoring the lives of women. It is making life very risky for pregnant women, and it is not viewing their lives as sacred. Amendment IV includes Article X, June 11, 2024 Page 47 which allows parents to give -- they must give permission for minors. This amendment also does not allow abortions once viability has been reached. Viability can vary, but it's generally around 24 weeks. To say that this abortion [sic] would allow the unborn to be taken right up to the moment of birth is not true. Abortions are never performed right up to birth. It is illegal to do so in this country. Women's lives are at stake. Women need to make the decisions for their own lives. This is not a government role to make medical decisions, especially ones that harm the lives of women. I stand here because my faith is calling me to speak out, and I believe that denying healthcare to women that threatens their life with a fetus that's not going to survive anyway does not make sense. Thank you. MR. MILLER: Your next speaker is Katy Tardif. She's been ceded additional time from Katelyn Tellgren. Are you here, Katelyn? (Raises hand.) MR. MILLER: I see she's back there. She'll have six minutes and will be followed by Greg Folley. MS. TARDIF: This will be music to your ears, but I threw out what I wrote -- this will not be music to your ears. I threw out what I wrote because I am so moved that I'm going to just speak from the heart. But I want to begin with reminding you of what you've heard more than one time today. The language of the amendment is not vague. It's not unclear. It's actually quite deliberate, because it's reflective of medical uncertainties that can require one decision for this circumstance but a different one for this circumstance because different variables came into play. What's certain is that it does not allow for aborting a fetus past the time of viability. And to my thinking, there's a good argument there, too, but I'm not going there June 11, 2024 Page 48 today. We're talking about pre-viability. So that's one thing to make sure we are very clear on. The frequent references to forced -- the frequent references to the birthing process and how these women are cared for and the fake clinics -- more fake clinics than there are real medical services -- providers for pregnant people. One of my favorite posters when I'm protesting is "forced births are unfunded mandates." My mother stood in line for the cheese. She stood in line for the week-old bread. She slaved to keep her children clean and dressed and going to school, her first four, and then came the next two. And I'll share something personal. We lived with a very abusive stepfather, and my father was a drunk who never showed up, so my mother raised us. And she didn't have the option of abortion. Who knows if she would or wouldn't have, but we did grow up with a stepfather who molested his stepchildren and who molested other people's children. My sister was raped by the chief of police of our town. My mother was raped in a gravel pit by a group of boys. She was a young woman in high school and didn't know a lot. They should have had the opportunity to abort children they couldn't afford. And to that point, I want to remind everyone that it's incredibly perverse that people who will look the other way when many of those who did have unwanted births with the assurances that there are medical facilities right around the corner that can take care of you -- we all know that at least -- no, more than half of those are BS medical-providing services. They lure people in. They -- those -- more than half give fake medical tests, and they falsely report findings of bona fide or fake tests. They're assured that their babies will be fed, the children that they're raising will have clothes, they will find houses, they will find June 11, 2024 Page 49 housing, and yet, those mothers, especially the single ones, but also the ones with two parents, struggle to survive feeding, clothing, housing, getting them to doctor, getting them to expensive medical procedures that they can't afford. And they knew those things before they were convinced to have the child because there was this marvelous mattress of support there and waiting. Well, you all know that is not true. You know it. They will always be unfounded, unfunded mandates. And by the way, the people who have trouble with vision who were here earlier today described a system that for many of those mothers is the only transportation they have to and from their jobs. Who's going to take care of kids when the bus doesn't show up? Who's going to take care of their kids when they can't be there because of the kinds of -- what do you call it? -- the programs, the -- oh, gosh, the timing of the pickups, the number of pickups at any one of those housing arenas where these people live. Imagine that. You would force births but not take care of the product of those births. What is wrong? Isn't it obvious? But we're never going to do it, and you all know that. We are never going to do that. We're never going to provide adequate, affordable, decent transportation, accessible housing. We are never going to provide for their full medical needs. We're never going to provide for the feeding of them. We insist they be born, and we set them free. CHAIRMAN HALL: All right. Thank you, Kate. MR. MILLER: Your next speaker is Greg Folley. He'll be followed by Diane van Parys. MR. FOLLEY: Good morning, and thank you, Commissioner Hall, and all the commissioners for dealing with this issue. I think it's very, very important. And I'm a city councilor on Marco Island, resident of Marco Island. I hope we deal with this as June 11, 2024 Page 50 well, and I think we'll have an opportunity to do so. A couple of points. I think it's possible to have reasonable debate on abortion. You can, however, only have that reasonable debate if you recognize that there's not one life involved but two, and then you can decide whether and how we should regulate it: six weeks, 15 weeks, something different. It's a subject of debate. They've had a debate in France recently. Moved it, I think, from 12 to 14 weeks. It's still much more conservative than this radical proposal which eliminates debate and basically just enshrines abortion as a right with only one life of those two involved being considered. I applaud you for making this known to the public and the problems -- enormous problems with this amendment, because tens of millions of dollars are going to be spent promoting it, and that's going to be -- the funds to oppose it are going to be dwarfed by comparison. And so it's very important for leaders like yourselves to call this out and make your views known. And I applaud you for it, I thank you for it, and I hope many others emulate it as well. Thank you. MR. MILLER: Your next speaker is Diane van Parys. I hope I'm saying that close to right, Diane. MS. VAN PARYS: Yes, yes. MR. MILLER: And she'll be followed by Jane Schlechtweg. MS. VAN PARYS: Thank you, Commissioner Hall, for bringing this forward and for all of the commissioners. I want to speak to this issue on a different format. The first is that the amendment process, in order to get an amendment on the ballot, we had to have 900,000 petitions signed, of which the organization promoting this Floridians Protecting Freedom did get over 900,000 petitions signed. That was over $18 million in paying June 11, 2024 Page 51 petitioners to get the amendment -- petitions to the Florida Supreme Court. It was then fought in the Florida Supreme Court by our Attorney General as well as many others on both sides. The decision -- it was bought on December 8th, and then the decision was made on April 1st. On April 1st, there were key decisions made in this issue. The first was that the 15-week ban from 2022 legislation on abortion was with -- was held up, and that went into effect on April 1st. Following that would be the '23 legislation for a six-week ban on abortion that went into effect 30 days later on May 1st. At the same time, the Supreme Court ruled on April 1st, Florida Supreme Court, ruled that Amendment IV would go on the ballot. The language was discussed. The word "viability" is not defined. In the discussion on December 8th, viability was given as 21 to 24 weeks, as a previous speaker mentioned; however, viability does mean up until in the birth canal. What I want to tell you now is $11.8 million has been raised in two months from April 1st to May 31st to promote this bill, to promote this amendment. Amendment IV takes away the Heartbeat Protection Bill. That was made on April 1st. Heartbeat Protection is enshrined in our law, and this will take away every single piece of that. The -- I can't seem to find it. It takes away parental consent. It takes away the ability for sex trafficking to handle that. Sex trafficking -- suspected sex slaves can receive an abortion, but it must be reported to authorities. We are protecting all kinds of other things in the Heartbeat Bill, and I applaud you for approving this, and I wish you do. Thank you. MR. MILLER: Before we go to Jane Schlechtweg, I have a second slip for Michael Orsi. Is there a second Michael Orsi here that's not Father Orsi? Okay. I just wanted to check and make sure. June 11, 2024 Page 52 Jane Schlechtweg is next, and she'll be followed on Zoom by Deborah Cruz. COMMISSIONER LoCASTRO: There's not two Father Orsis. MR. MILLER: I didn't think so, sir. CHAIRMAN HALL: He must be here in spirit. MR. MILLER: I had different phone numbers on them, so I didn't want to take any chances. Jane is next, and she'll be followed on Zoom by Deborah Cruz. MS. SCHLECHTWEG: Good morning, Board of Collier County Commissioners. My name is Jane Schlechtweg. I am a resident of Collier County, and I'm here to ask you to please deny this resolution. Amendment IV seeks to provide -- or protect abortion rights up to the point of viability. That is not birth, as some people here would lead you to believe. It's up to the point of viability, and that is dependent on the situation. Not on a government understanding of it, but on the decision made by the doctor and the patient. The Florida Supreme Court allowed the wording of this amendment to stand, and it decided that the wording was clear. I also believe it's crucial to highlight the several key points that support this amendment and align with the values previously expressed by this very board. I would like to remind the Board of the ordinance passed in 2023 which explicitly states that the Board would oppose any legislation that infringes upon the rights of Collier County citizens and their health. Amendment IV is fundamentally about protecting the health and rights of women. By ensuring the right to choose up to the point of viability, this amendment supports a woman's health and autonomy which aligns with the principles set forth in your 2023 ordinance. It's also important to consider that -- the diverse beliefs and June 11, 2024 Page 53 values of all residents in Collier County. While religious beliefs are deeply personal and significant to many, it is crucial that our laws reflect the separation of church and state, ensuring that personal religious convictions do not infringe upon the rights and freedom of others. Amendment IV is about safeguarding our constitutional rights and makes private medical decisions without undue government interference. Amendment IV does not promote abortion. It does give the choice to people to make their own decision without government interference. Some of you agreed in April of 2023, in your ordinance, to protect individual liberties. I urge you to consider voting -- or not approving this resolution. And I think that you will be affirming what you said in 2023, that people have the right to make their own personal healthcare decisions. Thank you. MR. MILLER: Your next speaker is -- well, actually your final two speakers are both on Zoom. Next is Deborah Cruz, and she will be followed by Ray Nord. Deborah, you're being prompted to unmute yourself, if you'll do so at this time. There you are, Deborah. Deborah, you have three minutes. MS. CRUZ: Okay, thank you. Government has no role to play in my or any woman's healthcare decisions. Neither you men, nor anyone else besides me and my doctor, should be involved in any of my healthcare decisions. Reproductive healthcare is healthcare, period. Women have the right and the responsibility to govern their own bodies. You do not have that right. Amendment IV is perfectly clear as it's stated. It's not June 11, 2024 Page 54 deceptive in the least. It's not proabortion. It is pro "let me and my doctor make my own healthcare decisions." It says nothing about allowing abortion up until birth. That statement is what is misleading and deceptive. The amendment would not change the state legislature's authority to require the parents of a minor to be notified if their child is seeking an abortion. We in America believe in freedom of religion and even freedom to have no religion. Do not try to push your personal religious beliefs and values on me and other people that you're supposed to serve. I always thought Republicans wanted less government, not more government. This resolution is clearly promoting more government. More government right at my womb. No thank you. Please do not support this resolution. MR. MILLER: Your final registered speaker also on Zoom is Ray Nord. Ray, you should be prompted to unmute yourself, if you'll do so at this time. I see you there, Ray. You have three minutes. MR. NORD: Thank you. Can you hear me? MR. MILLER: Yes, sir. MR. NORD: All right. Thank you very much. I appreciate the time to speak. I do not appreciate Commissioner Hall's outrageous last-minute proposal. It is designed to sow divisiveness in our county, and we don't need more divisiveness. This amendment has been in process for more than a year. One and a half million signatures, as best I know, were raised in support of this, and it has followed the proper procedures to get an amendment on the ballot in November. The language -- as has been said, the language was challenged by the Attorney General of the State of Florida, and that challenge was heard by the Supreme Court June 11, 2024 Page 55 of Florida, and they approved the language as being readily understood. Your job is not to send -- to opine on a statewide ballot. This issue is a Florida-wide issue, and the voters of Florida are being asked to approve or disapprove of it, and we should let that process go. Commissioner Hall's attempt to introduce this now, when many of us have left for the summer vacations and what have you, is another attempt to insert his religious beliefs into the duty of the Collier County Commission, and he has yet, by the way, petitioned them earlier to include women's reproductive health in his so-called Health Freedom Bill. He has refused steadfastly to even consider it. I urge you to vote no on this proposition. It's divisive, as I've said, and it is not appropriate for the Collier County Commission to deal with. More appropriate for you is to deal with the issues such as the one we heard this morning about proper transportation for those citizens who are at the -- are not able to afford -- or afford themselves the transportations of their daily lives. More to that and less to this ballot initiative. Vote no. Thank you. MR. MILLER: Mr. Chair, that was our final registered speaker on this item. CHAIRMAN HALL: Commissioner LoCastro. COMMISSIONER LoCASTRO: I wasn't trying to be the first speaker. I just wanted to make sure I was lit up. I don't know if you wanted to start or if you want to -- Many people have sent us -- first of all, I respect the views of everybody who came today, both sides, but, you know, we have our views as well. Many people have said this isn't our place to bring this to the June 11, 2024 Page 56 agenda, but I disagree, because I'm asked all the time about my moral compass. I'm asked about how I feel about gun rights, which we will never vote on in the county, but people want to know, you know, my moral compass and my thoughts on that. Gun laws, gun control, immigration, abortion, and all kinds of other things, and I'm happy to give those views. And I remind people that I'm not passing any bills that are going to change those laws at the county level. But if you want to know the depth of your elected officials and not only their résumés and their experience and their qualifications but their moral compass, I think when you go to the polls, you better know all those things and not just vote for people alphabetically. This resolution doesn't change any laws or make any medical decisions. It merely puts us on record as to our views and our moral compass on -- and reminding everybody that we may -- I -- I'll just speak for me. I personally do feel that many times things that are at the polls to vote on are very ambiguous and very confusing. Something that's a 500-page document comes down to three lines, and somebody reads it very quickly after they vote for the president they want, and then they're, like, wow, I don't know the names of any of these judges. You know, the county appraiser, who's that, and what does that person do? Clerk of Courts, right? Crystal's always trying to educate people. They're like, what does she do? And so I think what we're trying to just state with this resolution is to remind people to do their homework when they go to the polls and make sure you know what you're voting on. I'm not pushing anything. I'm not telling somebody what to vote, how to vote. Vote your conscience. I've been pro-life, you know, my entire life. I've been honored to speak multiple times at MC Action for Life events and, you know, I'm proud of that. I don't let it steer my decisions in other things that are part of my June 11, 2024 Page 57 responsibility, but it's part of my moral compass, and I'm very consistent in my moral compass. So I support this strongly as a reminder to my constituents of my moral compass and how I feel. Go to the polls, do your homework, and if you feel that you feel differently than I do, you're going to have a chance to vote on something, but make sure that you've read all the fine print. I guess what I didn't hear anybody say in this room -- not one person said the word "adoption." You know, when I was in the military, people would fly all over the world and pay $100,000 to find a baby in China because they couldn't adopt here in the United States because it was a complicated process, or they had to wait for two years. I won't -- I won't, you know, call anybody out, but probably the most disturbing thing I heard, in my opinion -- and I say this with respect for the person, but not for the comment. Quote, "You should be able to abort the babies you can't afford." I totally disagree with that. You should be able to put those babies up for adoption so that a family who could afford to buy expensive cheese and be able to send them to good schools and who have been waiting for years to have a baby in their arms that they're going to care for -- and like one speaker said, her 20-year-old daughter is going to grow up -- or has already grown up to be an amazing person of society. I know adopted people here in this community that are pillars of society. So, you know, saying that you want to make the choice early because, you know, you don't have the means for 20 years to pay the food bill, that's why there's adoption options. That's just how I feel. So I'm not here telling people how to vote, but I know my constituents ask me about my moral compass all the time, and I'm taking a stand here today because this is on the agenda, and a lot of times people say, it has no business being on the agenda. Things get June 11, 2024 Page 58 on the agenda because citizens bring them to us or a commissioner feels very strongly about something because they're talking to their constituents. But if it's on the agenda, I'm going to take a stand and give my views. And I am a strong supporter of this resolution to just remind people to look at the verbiage that -- it oftentimes can be very deceptive and misleading, and a lot of legal folks at much higher levels than County Commission have -- and a lot smart than me have reiterated the same thing, that they have some concerns. And so that's all this commissioner is saying here today is that I strongly support this. And, you know, women's right to choose, my strong suggestion would to them would be "choose adoption," because there's a lot of families out there that do have the financial means to take care of a child, and we've heard from some of those people in this audience. And that's the view that I strongly support, and that's the direction my moral compass and my parents and my upbring have pointed me towards, and I want my constituents to know that. And if you agree with me, then go to the polls, vote your conscience, and feel good about your vote, because I will be doing the same. Thank you. (Applause.) CHAIRMAN HALL: Commissioner Saunders. COMMISSIONER SAUNDERS: Thank you, Mr. Chairman. I want to thank the speakers, both pro and con, on this resolution. I think, obviously, this is a very passionate issue and one that everyone is taking very seriously, so I just want to thank everybody for that. I want to thank Commissioner Hall for bringing this forward. I remember back a long, long time ago I was in the Senate when we voted on parental consent, and that was a very controversial issue June 11, 2024 Page 59 back then but one that we passed by very large margins in the Florida Senate and the Florida House of Representatives. And it is troubling that this legislation now changes that from consent to notification. And there's a big difference, obviously, between notification and consent. And back in those days you had parents coming to committee hearings pleading with the legislature to adopt a consent law because they had their 15-, 16-year-old kids that were having abortions -- that had abortions, and they had no notice of it, and that was a very controversial, very sensitive issue, but we did the right thing, and we required parental consent back in those days. I've looked at some of the polling. Amendment IV is polling now at over 60 percent. It's likely that it could pass. There's no -- I don't think there's anyone in this room that doubts that when you look at the polling numbers, and there will be a lot of money spent in support of Amendment IV. And I think this resolution is the appropriate thing just -- we're stating our belief that the amendment is confusing, that it's overbroad, and it shouldn't be part of the Constitution in the first place. It's the Florida Legislature that should be setting what the rules are dealing with abortion. And so I support the amendment. I support Commissioner Hall in this. I will point out -- and Commissioner LoCastro mentioned adoption. And I was in the legislature when we started doing this where we created safe places for women who had given birth that didn't want their child for whatever reason, whether it was financial or emotional, whatever the reason was. There are safe places where babies can be literally dropped off, and the state will find a home for them. And so if adoption maybe isn't on someone's mind, there are other options for dealing with an unwanted pregnancy. So I support Commissioner Hall in this effort. June 11, 2024 Page 60 CHAIRMAN HALL: Thank you, Commissioner. Commissioner McDaniel. COMMISSIONER McDANIEL: Yes. Thank you, Mr. Chair. You know, originally when this resolution came forward, I was conflicted. I actually felt that it really wasn't the place of the Board to be taking a stance on something like this. And I agree largely with Commissioner LoCastro's statements with regard to the individual need to edify yourself with all of the amendments and everything that you, in fact, vote on. Don't just go there and vote alphabetically. And the point that I want to make is it's a slippery slope when you start legislating a woman's choice. We end up in parables that have untold acquaintances, sometimes lifelong consequences. And so my simple statement is choose life. At every opportunity that's physically possible, choose life. CHAIRMAN HALL: Commissioner Kowal. COMMISSIONER KOWAL: Thank you, Chairman. Yeah, I'd like to just say I echo what Commissioner LoCastro was saying. You know, I can't count the number of times that, from both sides of the aisle, that I was asked, even at my level in my campaign when I was running, you know those questions. Am I pro- choice? Am I pro-life? You know, you hear some people that was either at the podium saying that, you know it's not, you know, our place. But at the same time we're asked of our beliefs, and we're engaged on that when we're running for office, even at this level. And my answer's always been the same. I've been pro-life, and -- you know, but we are asked of that, and that's what we're -- you know, people are trying to gauge our moral compass, you know, if they're going to support us or not support us, if we have the same beliefs or not beliefs they do. And I think -- you know, when I first heard about this, I didn't June 11, 2024 Page 61 know a whole lot about the Amendment IV until we started looking it. And then when I heard about the AG and how strong they were fighting against this language -- and it ended up in front of the Supreme Court. And, you know, to find out that, amazingly, the three women on the Supreme Court were also just as confused, that, you know, they didn't feel that this language was up to par to become an amendment on our state constitution, because once it's an amendment on the state constitution, it pretty much takes our legislators out of it. You know, it sets the rules at that point. And if it's that vague -- and then at the same time, the AG, if somebody violates that amendment in the constitution, the AG's the one that has to either prosecute or defend it. And if they don't understand it, how are they supposed to do their job? So I think it's more of an educational thing, and that's why I support this resolution, because I think, you know, everybody always says the educated voter is the best voter. And I think there are some manipulative people out there that know how to manipulate our uneducated voters -- or maybe just not so much uneducated, but the ones that just, you know, vote with the first -- I guess the first read of something and don't really look into it. And I think, by this resolution and, you know, myself sitting up here and voting on it to support it is basically saying to my constituents, do your homework. Please look into it and please see that, you know, there are some people that know a lot more than we do when it comes down to this language, and especially language that's going to be in our constitution, that they have trouble with it, and they're the ones that are going to have to defend it or fight for it or against it in the future. And if they don't even understand it or can't, you know, see the clarity of it, how are they supposed to do it? So I mean, that's why I believe this resolution's about educating June 11, 2024 Page 62 and giving everybody the idea that, you know, this is how we feel about it. Do your homework before you just go and vote yes on this in November. So thank you, Chairman. CHAIRMAN HALL: Thank you, Commissioner. I simply brought this forward because I believe this Amendment IV is vague, it's deceptive, and it's overbroad at best. And there's already a legislative process that's in place through our Florida legislators and -- that protects life already, and that's the process that I feel that we need to move and keep holy as representative of the people. And so -- and agreeing with all of my colleagues to educate the voters. You can vote however you want to, but I want you to be fully educated on what you're voting on, and I don't want it to be deceptive. I don't want you to look at "limit government control" thinking that's awesome, and then it say "for abortion" and get the results that we've gotten. So with that, I'm going to make a motion to join ourselves in solidarity and approve this resolution that says "Vote no on Amendment IV." COMMISSIONER McDANIEL: Second. CHAIRMAN HALL: So we have a motion, and 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 opposed? (No response.) CHAIRMAN HALL: Motion passes. June 11, 2024 Page 63 (Applause.) CHAIRMAN HALL: Okay. It's -- thank you. It's 11 o'clock. We'll take a court reporter break, and let's come back at 11:15. (A brief recess was had from 11:00 a.m. to 11:15 a.m.) MS. PATTERSON: Chair, you have a live mic. CHAIRMAN HALL: All right. County Manager, what does that bring us to? Item #4A PROCLAMATION DESIGNATING JUNE 11, 2024, AS FLORIDA CANCER SPECIALISTS & RESEARCH INSTITUTE APPRECIATION DAY IN COLLIER COUNTY. ACCEPTED BY A COLLIER COUNTY REPRESENTATIVE OF THE CANCER SPECIALISTS & RESEARCH INSTITUTE. - PROCLAMATION WILL BE MAILED - MOTION TO ADOPT BY COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER LOCASTRO – ADOPTED MS. PATTERSON: Commissioners, that brings us to proclamations. There's been a change of plans on this proclamation. It will be mailed. The doctor had to leave. So 4A is a proclamation designating June 11th, 2024, as Florida Cancer Specialists and Research Institute Appreciation Day in Collier County. It was going to be accepted by representatives from the Cancer Specialists and Research Institute; however, the proclamation will now be mailed to them. So if we could get a motion to approve this proclamation. COMMISSIONER McDANIEL: So moved. COMMISSIONER LoCASTRO: Second. CHAIRMAN HALL: Moved and seconded. All in favor, say June 11, 2024 Page 64 aye. COMMISSIONER McDANIEL: The gavel's been -- CHAIRMAN HALL: Excuse me, people. We're back in business. I'll repeat. Motion's been made and seconded to approve the proclamation. All in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN HALL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: (No verbal response.) CHAIRMAN HALL: All opposed? (No response.) CHAIRMAN HALL: So moved. Item #5B PRESENTATION OF THE COLLIER COUNTY BUSINESS OF THE QUARTER FOR JUNE 2024 TO HARRY CHAPIN FOOD BANK. THE AWARD WILL BE ACCEPTED BY RICHARD LEBER, PRESIDENT & CEO AND REPRESENTATIVES OF HARRY CHAPIN FOOD BANK. ALSO ATTENDING ARE KRISTINA PARK, CEO & PRESIDENT, AND BETHANY SAWYER, VICE PRESIDENT OF MEMBERSHIP AND INVESTORS, BOTH OF THE GREATER NAPLES CHAMBER OF COMMERCE – PRESENTED MS. PATTERSON: Commissioners, I'm going to flip the order, if it's okay with you, on -- we're to Item 5, presentations. Let's go ahead and take 5B. This is a -- which is a presentation of the Business of the Month, and then we'll talk about the Artist of the June 11, 2024 Page 65 Month. So 5B is a presentation of the Collier County Business of the Quarter for June 2024 to Harry Chapin Food Bank. The award will be accepted by Richard LeBer, president and CEO. Thank you and congratulations. (Applause.) MR. LeBER: Wow, that's awesome. COMMISSIONER SAUNDERS: It doesn't get any better than that. COMMISSIONER LoCASTRO: We're going to need that back, though. It's just for the photo. Just kidding. CHAIRMAN HALL: Speech? MR. LeBER: Yeah, just for a minute. So good morning. My name is Richard LeBer. I'm president and CEO of the Harry Chapin Food Bank, a position I've been privileged to hold for over eight years. On behalf of the Harry Chapin Food Bank, I want to thank the commissioners and the Greater Naples Chamber of Commerce for this award. We're deeply honored to be recognized. Harry Chapin Food Bank is the largest hunger relief organization in Southwest Florida. We've been serving Collier County for over 30 years. We distributed 10.6 million meals in Collier County in the last year. Despite the wealth of Collier County, there is plenty of hunger here. Over 32,000 Collier County residents will experience hunger this year. Their circumstances vary. Some are older citizens, typically on fixed incomes and often with significant medical issues or disabilities. Many are working families, often with children. They live in many communities across the county. We provide free food to them in a variety of ways. We give food to 35 other organizations in Collier County free of charge to help us distribute them throughout June 11, 2024 Page 66 their communities, and those organizations include St. Matthew's House, Meals of Hope, Catholic Charities, The Salvation Army, and many churches. In addition, we operate 12 pantries inside Collier County Schools and 16 mobile distributions at locations across Collier County every month. Hunger is fundamentally a household financial issue. It's hard enough to afford to live here if you're teaching school or working as a nurse or a police officer or waiting tables in a restaurant. If something bad happens, maybe your landlord raises your rent or you get sick or you lose your job, it becomes impossible, and that's when people come to us for food. We hear frequently from the people that we serve that one of the biggest issues they struggle with is the scarcity of and the cost of housing. I know the Board of Commissioners has discussed ways to provide more workforce housing and has already taken some action. I commend you for that, but I encourage you to continue to focus on it. Respectfully, much more action is needed. There are some -- there are many who help us accomplish our mission in addition to the Commissioners and Chamber. We're grateful to them all. We thank Collier County Schools for supporting our school pantries and the 35 other organizations that help us distribute food where it's needed. I was joined here this morning by Bethany Sawyer of the Chamber, members of our staff, and two members of our board of directors, who are both Collier County residents. I wish they could have stayed to have been recognized also. Thank you to you all. CHAIRMAN HALL: Thank you, Richard. MR. LeBER: Thank you. June 11, 2024 Page 67 Item #5A ARTIST OF THE MONTH – DISPLAYS CREATED BY THE COLLIER COUNTY MUSEUM DIVISION HIGHLIGHTING 8 REMARKABLE WOMEN WHOSE CONTRIBUTIONS HELPED SHAPE COLLIER COUNTY – PRESENTED MS. PATTERSON: Commissioners, that brings us back to Item 5A, which is our Artist of the Month. This month's display in the chambers was created by the Collier County Museum division to highlight eight remarkable women whose contributions helped shaped Collier County into the best place to live in America. "Women Leaders of Collier County" celebrates those who dedicated their lives to bettering their communities, leaving behind a legacy that continues to inspire future generations. And you can direct everybody's attention to the back of the room. Item #7 PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA MS. PATTERSON: With that, that brings us to Item 7, which is public comments on general topics not on the current or future agenda. MR. MILLER: Mr. Chairman, we have three registered speakers on this item. Your first speaker is Chris Shear. He'll be followed by Garrett FX Beyrent. CHAIRMAN HALL: Here comes Chris. MR. SHEAR: Good morning, Chair, Commissioners. Sorry, I June 11, 2024 Page 68 stepped out of the room there for one moment. Chris Shear, McDowell Housing Partners. And as many of you know, we are affordable and workforce housing developers here continuing to be very active throughout the county. I want to raise a quick concern on the motion and approval from back in April in regards to the commercial -- the prohibition, rather, of Planned Unit Developments with Live Local. And we had been working to find some opportunities here. There's a lot of funding at the state level right now, and we've done, I think, a good job of working collaboratively with the county to engage and produce more attainable housing options, but with that motion, I think there may have been a little bit of an unintended consequence there. I completely understand the rationale that PUDs have already gotten some incentives. The reason they're not going with straight commercial zoning is they had a PUD. The PUD afforded them probably something that was above and beyond what a straight zoning classification would have otherwise gotten them. So understood that rationale, but what we've found is by limiting the commercial components of PUDs, we are restrained to only sites that have straight commercial zoning, and right now those straight commercial zoning sites are largely on the major commercial corridors. They're largely small sites, two to four acres. And recall, we are also limited to 25 units per acre. So we are starting to push ourselves into much more expensive sites because only the straight commercial zoned sites that are available are on Tamiami. They're on Airport. They're relatively few and far between. So what I wanted to ask today is to kind of reconsider or give staff the direction in regards to commercial PUDs, so CPUDs. CPUDs are often a component of a much larger PUD that was June 11, 2024 Page 69 approved, and those CPUDs have the same exact commercial permitted uses as straight commercial zoning. So there really is no difference in terms of the uses that are permitted between a C-1, C-2, C-3, and the CPUDs. This would open up a lot of opportunity for us. It would -- it would alleviate us of the constraints of trying to fit a lot into a very small site. We want to be able to make sure we're meeting the other requirements for the green space/preserve parking requirements, and it's becoming very challenging here. And just anecdotally, in finishing up, Hillsborough County is very akin to Collier County, a lot of Planned Unit Developments, and they have, as permitted, that commercial PUDs are allowed to utilize the Live Local incentives. Thank you. CHAIRMAN HALL: Thank you. MR. MILLER: Your next speaker is Garrett FX Beyrent, and he will be followed by Francis Cook. MR. BEYRENT: For the record, Garrett FX Beyrent. I'm speaking on behalf of the Golden Gate Farmers Market. I've been representing them since they were accused of being gypsies by a former County Commissioner who's no longer a commissioner. He's something else, and we won't go into that. And I'm here specifically to speak for the Krakows. Those are the father and son team, the Rakows, not crack house. They happen to be Jewish. So that's a Jewish joke. Nobody got it. Maybe Burt. But in any case, I'm here to thank Burt Saunders on their behalf because Burt has helped us for many years when he wasn't even involved with anything. But I can tell you something, we are very happy with all of the work that Burt Saunders has put forward to help the farmers market. We went from just leasing a parking lot in front of the community center which, unfortunately, got about a foot of water in June 11, 2024 Page 70 it this weekend, but it did go out eventually within a couple hours. And we also have the farmers market in front of the -- it's not the library. I always forget. It's the property on 951 which nobody can miss, even when the cars are going 97 miles an hour. It's a great place. And we -- actually, the farmers market has more restaurant facilities in it than regular users of hats and sweaters and whatever, the whatnot there. But it's amazing to me because in the 15 years I've been involved with these guys, they've got people out there cooking from Guatemala, Honduras. I mean, it's -- all of South America wants to come to Golden Gate Estates, and they are welcome to come as long as they're legally here and ICE doesn't bother us. Thank you. MR. MILLER: Your next speaker is Francis Cook. He'll be followed by Jay Kohlhagen. COMMISSIONER McDANIEL: Francis. MR. COOK: Francis, that is correct. Good morning, Mr. Chair. Good morning, Commissioners. I'm here to talk about identity as Americans and my personal identity as well. I wrote down Francis Cook. I wrote down Francis Cook. I went by Francis before I moved here to Naples. And that's actually my middle name, so it's not like I'm just bizarrely choosing to go by a different name. But my -- the reason why I'm bringing this up is I want to talk about, like, our identity as a country. What is our identity as Americans? What is it based on? Is it based on popular opinion? Is it based on what the government says? Is it based on what the media says? I'd say that our identity as Americans, at least for me, is based on the foundation of America. What is America about? I look at our founding documents to guide me in telling me what it means to June 11, 2024 Page 71 be an American. So, you know, again, that -- what is that belief system based on? The Bill of Rights. It's the Constitution. It's the Declaration of Independence. So I want to take a little bit of time here with public comments, this being the public square, to talk about our identity as Americans and the importance of these documents, right. So these three documents, the Bill of Rights, we've got freedom of speech, freedom of religion. By the way, the term "separation of church and state" is not mentioned in the First Amendment anywhere. We've got our right to bear arms. We've got our Fourth Amendment right to be free from unreasonable searches and seizures. Due process rights from the Fifth Amendment, Sixth Amendment, Seventh, Eighth. Ninth Amendment, which is the right to eat tacos. That's a little inside joke with my daughter. The Ninth Amendment actually says the enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained in the Constitution. So, you know in the Declaration of Independence it says we have the rights to -- that among these rights are life, liberty, and the pursuit of happiness. The Ninth Amendment protects the word "among." So we have the rights of life, liberty, and pursuit of happiness, but our rights are unlimited. Our rights come from our creator, which you guys know. But coming back to our identity as Americans, I believe it's based on our founding documents, the Bill of Rights, the Constitution. What's the purpose of the Constitution? Our rights don't come from the Constitution. The purpose of that -- or that document is to provide government with their parameters. So the term "constitutional rights," I think, is a misnomer. Coming back to identity, though, because I see I've got 30 seconds left to kind of explain why I'm introducing myself as Francis June 11, 2024 Page 72 Cook here today. My ancestor, Francis Cook, came over on the Mayflower Compact -- or came over on the Mayflower. It's not the Mayflower Compact, which I find as one of our foundational documents that established the right -- or the principle of government by consent as well as the advancement of the Christian faith. So I just want to spend my last 15 seconds here and say that I'm here to reaffirm my identity in Jesus Christ and the Biblical foundations established under the Mayflower Compact, and I'm going to be going by Francis Cook from here on out to tap into my roots and to tap into my identity as an American. Thank you. MR. MILLER: Your final speaker -- CHAIRMAN HALL: Francis. MR. MILLER: -- item -- your final speaker under Item 7 is Jay Kohlhagen. MR. KOHLHAGEN: Jay Kohlhagen, for the record. Nice job, Francis. COMMISSIONER LoCASTRO: Lighten up, Francis. MR. KOHLHAGEN: I'm here today -- COMMISSIONER SAUNDERS: Can we call you Frank for short? MR. COOK: No, definitely not. MR. KOHLHAGEN: No, he's Francis. I'm here today to speak about the Golden Gate and the Eagles Lakes aquatic facilities. Apparently, they got -- their slides aren't operating. They're moldy and pretty much shut down. And I got some nieces and nephews in town. That just breaks their heart. CHAIRMAN HALL: Excuse me, Jay. Excuse me, Jay. This is on the agenda for -- in just a little bit, so we're going to talk about that. If you want to come back and talk about it when we have the agenda item? MR. KOHLHAGEN: I didn't even know that it was on there. June 11, 2024 Page 73 CHAIRMAN HALL: This is general topics not on the agenda or future agenda. MR. KOHLHAGEN: Well, you guys got what I said, so, you know. COMMISSIONER LoCASTRO: That's why it's on the agenda. MR. KOHLHAGEN: See what we can do then. Sorry about that. COMMISSIONER LoCASTRO: That's why we put it on the agenda. MR. MILLER: That was our final speaker for Item 7. MS. PATTERSON: Commissioners, we do have a series of land-use items. The suggestion is that we take item -- the former 17A to 9B first. I believe that one's going to go quickly, and then we will handle 8A and 9A together. Item #9B ORDINANCE 2024-29: AN ORDINANCE REZONING A 4.86± ACRE PROPERTY LOCATED AT 135 PRICE STREET FROM THE RURAL AGRICULTURAL (A) ZONING DISTRICT TO THE RESIDENTIAL SINGLE FAMILY-2 (RSF-2) ZONING DISTRICT TO ALLOW UP TO THREE SINGLE-FAMILY DWELLING UNITS IN SECTION 4, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. [PL20220002704] (DISTRICT 1) - MOTION TO APPROVE BY COMMISSIONER LOCASTRO; SECONDED BY COMMISSIONER MCDANIEL – ADOPTED So with that, former Item 17A, now 9B, is a recommendation to approve an ordinance rezoning 4.86 plus/minus acre property located at 135 Price Street from the rural agricultural zoning district to the June 11, 2024 Page 74 Residential Single-Family 2 zoning district to allow up to three single-family dwelling units in Section 4, Township 51 South, Range 26 East, Collier County, Florida. This item did move to the regular agenda at Commissioner LoCastro's request. COMMISSIONER LoCASTRO: Yeah. Mr. Chairman, I just wanted to say I wasn't trying to lengthen the meeting, but just to put some like subject matters together so -- and also to have Mr. Bosi come to the podium and separate rumor from fact between 9B, 9A. They sound very similar to the average citizen who maybe read this agenda quickly that we're just dividing parcels and why would we vote one way over another. So I didn't want 9A -- or, I'm sorry, 17A, which was on the summary agenda, obviously -- to look like we buried it somehow when we were voting on some of the others things that sounded similar, and so that's why I thought if we put them all together and we started with Mr. Bosi explaining now what is 9B, and then it might set the table a bit better for 9A, was my thought, and the County Manager agreed. So thank you. MS. PATTERSON: I'm sorry, yes. We need to -- all participants need to be sworn in. If you could stand up and raise your right hand for the court reporter. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? (The speakers were duly sworn and indicated in the affirmative.) MR. BOSI: Mike Bosi, Planning and Zoning director. 9B, which was on the summary agenda, was unanimously recommended by the Planning Commission for approval. Just over four-acre lot on Price Street, zoned agricultural, but it's in the urban residential designation. What that means is our Future Land Use Map would expect, if you were seeking a rezone, that you would be eligible for up to three units an acre. June 11, 2024 Page 75 What the applicant is requesting is to take the four-plus acres and create three individual lots utilizing the Residential Single-Family 2 zoning district regulations. Average density comes out to 1.62 units an acre, well below what they would be entitled to at three units an acre. So they're leaving a lot on the table. It's been -- like I said, it's been reviewed by staff against the Growth Management Plan and the LDC. Planning Commission heard it in a public hearing setting, and it was a unanimous recommendation of approval. It's something you would expect within the urbanized area going -- going down to just over a unit an acre. Relatively benign in terms of impact from a transportation standpoint, from an infrastructure standpoint, a well arrangement of infrastructure in place to handle the loads that come from taking this one lot and creating three individual lots from it. So with that, I'll ask [sic] any questions that you may have. COMMISSIONER LoCASTRO: It will never be a farm again, right? MR. BOSI: No, it would never be a farm. And remember, the majority of our county was at once zoned agricultural, and as it -- as rezones have come about, we do have some leftover pockets of agricultural land within our urbanized area. COMMISSIONER LoCASTRO: Right. MR. BOSI: There's -- and you'll see 9A, which has a companion of 8A, which has the similar type of a situation, but I don't want to confuse the two. COMMISSIONER LoCASTRO: Okay. No, I think you explained it. I just wanted it to go on the record that we're partitioning that lot in pieces that actually are less than what they could be. MR. BOSI: Yes, correct. June 11, 2024 Page 76 COMMISSIONER LoCASTRO: So thanks. MR. MILLER: We have one registered speaker, Dean Bremerman. MR. BREMERMAN: Hello. My name is Dean Bremerman, and I live at 149 Price Street. To clarify what that other man said, he's going to divide the lot into three lots, but each lot is capable of having a guesthouse also, so it's more than just three units. I've lived in Naples all my life, but I bought property on Price Street 35 years ago. I bought there because of the large lots and the agricultural zoning, which allows my wife to have her horse. For most people to not know what it's like to live on two and a half, yet alone, 5-acre lots, it offers more privacy, space for a large vegetable garden, the ability to have animals, allows your children and grandchildren to build forts and camp out to enjoy the outdoors. It also allows you to build a big garage where you can store stuff and you don't have to pay storage fees somewhere else. There are very few places left in Naples that allow this way of living. When you moved there, we were considered out of town. 41 and 951 were two-lane roads. No shopping centers, no PUDs. Now we're an island of large lots in a sea of urban sprawl. I'm afraid that granting this zoning change that would subdivide Mr. Grille's will set a precedent and that others in the future will follow, and in doing so, the quality and way of life that this neighborhood allows us to enjoy would be changed forever. I ask you please consider this, that this does not only affect the Grilles but all the long-time residents on Price Street. Thank you for your time. MR. MILLER: That was our only registered speaker. COMMISSIONER LoCASTRO: Mr. Bosi, do you have a comment? Just because I know you've been deep into this with the June 11, 2024 Page 77 residents. MR. BOSI: And I did. I failed to mention that the Planning Commission did place a restriction upon the number of guesthouses. Currently, if you have over one acre, you'd be entitled to have a guesthouse with your lot, but because these lots are still on septic system, the Planning Commission put a condition of approval that there can only be one guesthouse on one of the individual lots. The other two would have to wait until the extension of sanitary sewer for those facilities to be -- for the guesthouses to be constructed. COMMISSIONER LoCASTRO: I don't want to put words in your mouth -- and this will be my last comment, but -- and then we'll move on to the ones that are a little more complicated. But what's your thought on precedent? And before you answer, what I think we always say up here is we look at every action separately. So just because something was approved on one place doesn't make it a rampant type of rubber stamp. But when you and I spoke, it didn't seem like -- and, of course, the planning board thought the same thing -- this wasn't setting some sort of automatic precedent that all these lots are going to be divided automatically now, correct? MR. BOSI: No, this wouldn't set precedence. We know each individual petition is evaluated upon its own merits. What I would say is this parcel of land does abut commercial zoning to the -- to the east and to the north, so there's some uniqueness about it. But if you were to look at the Future Land Use Map, this is the type of action that would be promoted by GMP, this type of a rezone. But by no means, every individual petition has to stand on its own individual merits based upon the characteristics of the land and the surrounding property that abuts it. COMMISSIONER LoCASTRO: Okay. Based on this one being unique and separate, I make a motion that we approve. June 11, 2024 Page 78 COMMISSIONER McDANIEL: Second. CHAIRMAN HALL: Any other discussion? (No response.) CHAIRMAN HALL: I'm going to say because the district commissioner is wanting this, that I'm going to support him. So all in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN HALL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: (No verbal response.) CHAIRMAN HALL: All opposed? (No response.) CHAIRMAN HALL: So moved. Item #8A RESOLUTION 2024-117: A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, APPROVING A VARIANCE FROM LDC SECTION 4.02.01, TABLE 2.1 TO REDUCE THE REQUIRED MINIMUM FRONT YARDS FROM 50 FEET TO 34.38 FEET ON THE NORTH SIDE AND 43.58 FEET ON THE WEST SIDE, AND TO REDUCE THE REQUIRED MINIMUM SIDE YARD FROM 30 FEET TO 27.84 FEET ON THE SOUTH SIDE, FOR A SINGLE-FAMILY HOME ON AN RSF-1 ZONED PROPERTY LOCATED AT 438 GORDONIA ROAD, ON THE SOUTHEAST CORNER OF GORDONIA ROAD AND CARICA ROAD, ON A PORTION OF LOT 19, BLOCK H, PINE RIDGE EXTENSION SUBDIVISION, IN SECTION 3, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. [PL20230014908] (THIS IS A June 11, 2024 Page 79 COMPANION TO ITEM #9A) (DISTRICT 2) (RESOLUTION OF DENIAL) - MOTION TO DENY BY COMMISSIONER HALL; SECONDED BY COMMISSIONER SAUNDERS – DENIED MS. PATTERSON: Commissioners, that brings us to our companion items, Items 8A and 9A. Both will require your ex parte disclosure. I will read them both into the record, and then we'll get everyone sworn in. 8A is a recommendation to approve a resolution of the Board of Zoning Appeals of Collier County, Florida approving a variance from LDC Section 4.02.01, Table 2.1, to reduce the minimum -- the required minimum front yards from 50 feet to 34.38 feet on the north side and 43.58 feet on the west side, and to reduce the required minimum side yard from 30 feet to 27.84 feet on the south side for a single-family home on an RSF-1 zoned property located at 438 Gordonia on the southeast corner of Gordonia Road and Carica Road on a portion of Lot 19, Block H, Pine Ridge extension subdivision, in Section 3, Township 49 South, Range 25 East, Collier County, Florida. Item #9A RESOLUTION 2024-118: AN ORDINANCE REZONING 2.16± ACRES OF PROPERTY FROM THE RURAL AGRICULTURAL (A) ZONING DISTRICT TO THE RESIDENTIAL SINGLE- FAMILY-1 (RSF-1) ZONING DISTRICT, TO ALLOW UP TO TWO SINGLE-FAMILY DWELLING UNITS WITH A MAXIMUM DENSITY OF UP TO ONE DWELLING UNIT PER ACRE ON PROPERTY LOCATED AT 438 GORDONIA ROAD, ON THE SOUTHEAST CORNER OF GORDONIA ROAD AND June 11, 2024 Page 80 CARICA ROAD, ALSO DESCRIBED AS LOT 19, BLOCK H, PINE RIDGE EXTENSION SUBDIVISION, IN SECTION 3, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. [PL20230013880] (THIS IS A COMPANION TO ITEM #8A) (DISTRICT 4 – SHOULD READ DISTRICT 2) (PER AGENDA CHANGE SHEET) (RESOLUTION OF DENIAL) – MOTION TO DENY BY COMMISSIONER HALL; SECONDED BY COMMISSIONER SAUNDERS – DENIED MS. PATTERSON: This is a companion item to 9A, and 9A is a recommendation to approve an ordinance rezoning 2.16 plus/minus acres of property from the rural agricultural zoning district to the Residential Single-Family 1 zoning district to allow up to two single-family dwelling units with a maximum density of up to one dwelling unit per acre on property located at 438 Gordonia Road on the southeast corner of Gordonia Road and Carica Road also described as Lot 19, Block H, Pine Ridge extension subdivision, in Section 3, Township 49 South, Range 25 East, Collier County, Florida. Let's start with ex parte, and then we'll get everyone sworn in. CHAIRMAN HALL: Commissioner Kowal. COMMISSIONER KOWAL: I have e-mails on both items. CHAIRMAN HALL: Commissioner Saunders. COMMISSIONER SAUNDERS: I also have e-mails on both items. CHAIRMAN HALL: Commissioner McDaniel. COMMISSIONER McDANIEL: I also have e-mails on both items. CHAIRMAN HALL: And Commissioner LoCastro. COMMISSIONER LoCASTRO: Same, e-mails. Thank you. CHAIRMAN HALL: And I have correspondence and e-mails. June 11, 2024 Page 81 MS. PATTERSON: Very good. All participants now need to please stand up, raise your right hand, to be sworn in by the court reporter. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? (The speakers were duly sworn and indicated in the affirmative.) MS. PATTERSON: Mr. Bosi -- or, oh, we're going to start with the applicant. Very good. Thank you. MR. OLIVARES: Good afternoon. My name is Eddy Olivares, the property owner. I am here to petition for the rezoning of 438 Gordonia Road. The proposed rezone aligns with the planned vision for Collier County and integrates seamlessly into the Pine Ridge Estates neighborhood, of which this property is a part of. The current zoning designation is agricultural. The lot is currently nonconforming, and the use case is a single-family residence. I am requesting a zoning change to RSF-1, and the use case would remain the same, single-family residence. The ultimate goal of the rezone is to lay the framework to split the lot into two parcels, one parcel for the existing single-family residence and another to host a new single-family residence. To put it extremely simply, I am requesting that the parcel go from one nonconforming agricultural lot to two conforming RSF-1 lots. If there are any questions, please, I'm happy to answer. CHAIRMAN HALL: Thank you. MS. PATTERSON: Mr. Bosi, do you have anything to add? MR. BOSI: Mike Bosi, Planning and Zoning director. Again, this is an instance where you have agricultural zoning June 11, 2024 Page 82 squarely within the heart of the urbanized area. This is a parcel of land that would be eligible for four units per acre in terms of -- from what the Density Rating System would allow for. This is simply taking that two-acre parcel, requesting a lot split to create a second parcel to be in line with the single-family environment that's promoted within the Pine Ridge Estates. There is a large tract -- or continuous tract of agricultural zoning that sits on the easternmost portion of the Pine Ridge Estates that abuts Goodlette -- Goodlette-Frank Road that is zoned agricultural. The majority of those parcels are nonconforming, meaning that they don't meet the minimum lot size. But what I would say is the prominent land use that occupies the majority of those parcels is single-family development. What's being proposed here is consistent with the single-family that's across the street. It was heard by the Planning Commission. The recommendation on the variance was 5-1. I believe the recommendation on the rezone was 5-1 as well. But it was -- it was recommended for approval from the Planning Commission. Staff is recommending approval to the Board of County Commissioners and would entertain any questions that you may have. CHAIRMAN HALL: Commissioner McDaniel. COMMISSIONER McDANIEL: Yes. And that was -- my only question had to do with the variance. Is the variance going to cause, in advance, a hardship on a contiguous property owner other than the applicant? MR. BOSI: No. The majority of the variances are where they have the two fronts. It's a reduction of the two fronts, 37 feet and then 47 feet. So it won't -- it won't affect an adjoining property owner. They adjoin the right-of-way, sort of, more or less. So it won't have -- it won't have an encroachment upon an adjoining June 11, 2024 Page 83 property owner. COMMISSIONER McDANIEL: Okay. Thank you. MR. MILLER: Mr. Chair, we have 10 registered speakers for this item. I'd ask the speakers to queue up and use both podiums for expeditious purposes. Your first speaker is Louise Taylor, and she will be followed by Clifford Schneider. CHAIRMAN HALL: Mr. Miller, you said 10? MR. MILLER: Yes, sir. CHAIRMAN HALL: Thanks. MS. TAYLOR: Mr. Chairman, Commissioners, good morning. I'm Louise Taylor, and as the owner of the property at 617 Gordonia Road in Pine Ridge Estates in District No. 2, which has been in my family for more than 50 years, I strongly object to the rezoning and variance applications for the property at 438 Gordonia Road and request they be denied. I urge the Commission to continue its long history of protecting homeowners' property rights as outlined in the Pine Ridge Estates Declaration of Covenants, which date back to 1954 and prevent spot or preferential rezoning. Such rezoning would set a dangerous precedent not only for Pine Ridge Estates but for all communities in Collier County. I ask for a no vote on this petition. Thank you. MR. MILLER: Your next speaker is Clifford Schneider. He'll be followed by Sally Seefried. MR. SCHNEIDER: I'm Cliff Schneider, resident of the Pine Ridge community since 1972. I'm a founding board of director of the Pine Ridge Civic Association, and I've served on the Pine Ridge Architecture Control Committee for 40-plus years. I'm a professional engineer with both military and civilian service. My personal goal has been preserving -- trying to preserve the most unique subdivision in Collier County, Pine Ridge. Pine Ridge June 11, 2024 Page 84 is the lowest density subdivision in the Collier County coastal area, and this was by design. I only have three minutes to request a denial of the zoning change and variance which could affect our community for eternity. The Collier Development Corporation planned Pine Ridge with specific land uses and is described in our covenants and restrictions. The plat and land uses were approved by Collier County beginning in 1950. Our covenants run with the land. Our covenants do not expire. I repeat, the Pine Ridge covenants do not expire. Pine Ridge is different because the Collier Development Corporation had a vision for a different community covering two and a half square miles with yet 550 parcels, land parcels. Many people, including your staff and the Planning Commission, don't understand the concept of Pine Ridge. They think because there's land that's zoned agriculture along the way, that that was just like a remnant of old agriculture zoning. No, the concept of Pine Ridge is in the public record. The subject parcel is one of approximately 60 lots designated as the agriculture area parcels in our covenants. Said action is in specific conflict with our Pine Ridge community and how it was planned and approved. The applicant requests four separate zoning variances in order to divide his land into two RSF-1 parcels. Who benefits from the action? One individual does, the applicant, at the detriment of the rest of our community. It's wrong. Please deny the applications, and I'm available for questions. Thank you. MR. MILLER: Mr. Chair, real quick housekeeping matter. I know Commissioner Kowal can unmute and mute himself. I'm being told we did not hear him cast a vote on 9B. So when we're done with this item, maybe we can address that. June 11, 2024 Page 85 CHAIRMAN HALL: Sure. MR. MILLER: And I will remind you, Commissioner Kowal, make sure you're unmuted. Your next speaker is Sally Seefried. She'll be followed by Robert Kaufman. MS. SEEFRIED: Good afternoon. I am Sally Seefried, a resident of Pine Ridge since 1986. I object to the rezoning and variance application for 438 Gordonia Road. The Collier Development Corporation planned Pine Ridge originally as a unique community. It had land use and restrictions and covenants which really directed and protected the community. And as you know, it's a very unique area. And living there, we started with kids with go-carts and, you know, jumping the road and with Goodlette Road and, you know, we've kind of grown past that. But previous developers have respected and abided by these covenants and, unfortunately, I feel this applicant wants to change the variance and zoning for, you know, financial reasons. And I understand that, but other developers have not. I ask that the current zoning be continued to be enforced, and I thank the Commission for listening. Thank you. MR. MILLER: Your next speaker is Robert Kaufman. He'll be followed by Margot Kaufman. Mr. Kaufman's been ceded three additional minutes from Jose V. -- I can't read your writing here. Is it Satarini? MR. SARTARELLI: Sartarelli. MR. MILLER: Sartarelli, sir. So Mr. Kaufman will have six minutes. MR. KAUFMAN: Good morning, Commissioners. Thank you for the rain, by the way. We appreciate it this time of year. Before I begin, my name is Robert Kaufman. I've lived in Pine June 11, 2024 Page 86 Ridge Estates for over 25 years. I live at 149 Tupelo Road in Pine Ridge. And before I start, I want to give you a little history. I have a copy of the book and page that the Collier family put in place back in the early '50s, even before my time. They set up the zoning, the setbacks, the roads, and they established three areas: Residential, commercial, and churches. They also had set aside some ag, and that's what we're here talking about today. We haven't had it modified in 70-plus years. One of the things that's part of the county record is that these terms that those were set up, the zoning and the setbacks, had a term of 25 years. That was brought up at the planning board meeting. They thought that that was the end of it. But it says in the county records that it's 25 years, and then renewed automatically every 10 years. So that should still be in effect. We have one property owner requesting a change. It's a typical dollars request. Instead of having one lot, there would be two lots. This would change -- this is not one lot. There are 37 additional lots that meet the same criterium. It's more than two acres. Split them in half, that would give you 37 lots that would be affected. This would change the character of the community. It's kind of set now. You don't need to do a traffic study to know if you added 37 houses, that would be probably 37 times two cars. Nowhere in Pine Ridge are there any septic systems [sic]. So as the Price discussion took place earlier, that was a concern of the planning board. This would be 37 more septic systems. About 20 to 25 percent of the properties in Pine Ridge are on city water. The rest of them are wells. And the properties were set aside by the Collier family to know we have this much, this much for ag, and that shouldn't make a deterrent for the clean water for the people who June 11, 2024 Page 87 have wells there, which is a vast portion of the community. Collier County specifically set up covenants and restrictions that follow the deed. They're still in place today. I've looked up many of the deeds in Pine Ridge Estates, and they all show restrictions that are on those lots, and these covenants and restrictions still hold water. One of the changes that was made years ago was the church, the Covenant Church, big church located right on 41, where the church came to the Pine Ridge Civic Association and explained that they wanted to expand the school that they had there, which we thought was good for the community. We, in fact, went to the NIM meeting that they had, and we sided with them. We wrote letters of support to have that done. We are good neighbors, and the church is about the best neighbor you could have there. We have all our meetings there, which brings me to another point. When this originally began, they were supposed to have a NIM. There was a meeting held, not in North Naples. It was held downtown. This was a meeting, I think, that was set up to be under the radar. You have the library in North Naples that the commissioner has his meetings in. The church is there. We have our meetings at the church, but yet this so-called NIM was held downtown. There were signs placed on the property. I think his name is Ortman was the person from the county who was going to be handling this. We made several calls to them. He was out. I think he had a broken shoulder. He was out for a while, and you couldn't leave a message because his mailbox was full. I called him since then and asked him for a copy of the minutes of the NIM. He said there were no minutes taken. He said, "There's notes." I said, "Could I get a copy of the notes?" Which I have. The June 11, 2024 Page 88 notes were written by the applicant. I think I have more time. The applicant had written the notes, and one of the questions that was asked of Mr. Ortman at the meeting was, "This is one property. What would happen to the other properties?" And he said, "They can apply for it as well." So that's from the county. I had met with Mark Strain and with Nick Casalanguida prior to this, probably eight or nine years ago. And eight or nine years ago I asked them specifically -- we had some issues -- that we'd be notified, the Pine Ridge Civic Association be notified if there are any changes down the pike on this zoning request. Well, they said they would do that. So the county was notified. I know Nick and Mark are long gone since then, but they spoke for the county. The rules which were put together, Commissioner LoCastro is the one who was the chairman at the time when the new NIM rules came out in 2023. CHAIRMAN HALL: Mr. Kaufman, if you can wind it up. Thank you. MR. KAUFMAN: Is this six minutes, or is this three? CHAIRMAN HALL: No, you've already had six. COMMISSIONER McDANIEL: You started with six. MR. KAUFMAN: It went by so quickly, I didn't realize. CHAIRMAN HALL: It did go by fast. MR. KAUFMAN: Okay. Well, I'm requesting that the request for this zoning change be denied. It changes the character of Pine Ridge Estates. Thank you, Commissioners. MR. MILLER: Your next speaker is Margot Kaufman. She'll be followed by Matthew Slaughter. June 11, 2024 Page 89 MS. KAUFMAN: Good morning. My name is Margot Kaufman. I'm a long-time resident of Pine Ridge Estates. I believe what Mr. Kaufman was saying was -- oh, well, let me go on to mine. He had his thing. I'm speaking to express my very, very strong objections to the petition for rezoning, lot splitting and variances to reduce setbacks for the property at 438 Gordonia. I'm requesting that you deny the petitioner's request for the 438 Gordonia property. It doesn't serve any good beneficial purpose for Pine Ridge Estates community. The lot was platted out by Collier County -- by the Collier Company, excuse me, in 1954, '57, and '71 with deeded restrictions. They are on our deeds. These restrictions and covenants have served the residents of this community for 70 years and have helped to make it the wonderful place it is. Let's keep it that way. People have bought property in Pine Ridge because of the type of community it is. Please don't allow negative changes to our community. Again, I'm asking you to deny the petitions, and I agree with what else -- whatever has been said prior to this. Thank you. CHAIRMAN HALL: Thank you. MR. MILLER: Your next speaker is Matthew Slaughter. He'll be followed by Al Jones. MR. SLAUGHTER: Good morning, Commissioners, or afternoon at this point. I'm the direct neighbor to this petitioner. I have -- I share the longest -- I am basically the direct neighbor to this petitioner. And I absolutely respect the rest of the association members and their opinions and my neighbors of this neighborhood. I was born and raised in this neighborhood, and happy to be here again when I was able to move to this property that is adjacent to the petitioner. But I am not adamantly opposed. I think maybe if the June 11, 2024 Page 90 petitioner worked with the association, worked with the county, and did the right things in this rezoning, that potentially there's a path forward for them to do so, but I understand it's a -- it's a tough issue, and it does set a bit of a precedent. But given, I think, that you end up with acre-lot properties, that I am not imposed [sic] as long as that maybe some due diligence is done and that this petitioner would be required to connect to at least city water if it's available or any other utility services. So that if they're asking for increased density, they should bring in services that are a benefit to other adjoining property owners but also a developer there. As an example, there's been some lot splits, but there's also been a lot of assemblages in the neighborhood. There's all sorts of homes. There's old homes that were built in the '70s that get renovated. There's homes that were built in the 2000s that are getting demoed and rebuilt with new properties at the moment. An example is the DeAngelis Diamond project next door. I would -- I would see that there maybe is an opportunity for all these new developments to start to bring in utility infrastructure and other things to this neighborhood that does have ag zoning and components to it that are a bit of a vestige from how development used to be, and as redevelopment continues in this neighborhood and at the pace that it does, that the new development should at least be bringing in services that are more in line with what's required of most developers. So currently I would recommend to deny the application, but maybe with some conditions or changes, the applicant could have my support. That's all I have to say. MR. MILLER: Your next speaker is Al Jones. He'll be followed by Elona Dreni. June 11, 2024 Page 91 MR. JONES: Good morning. My name is Al Jones. I live in Pine Ridge on Trail Boulevard, and I've been here for 35 years. And looking at the history of the zoning, we have some 60 or so ag lots now, and they run all the way from East Street all the way around and end up at Carica. Now, for the most part, they're at least an acre and a half. Some of them are two acres. And what's been happening is the ag lots have actually been acquiring -- we have less ag lots than we had at the beginning, because they're acquiring adjacent properties in part or in whole. So the people who are on the ag lots actually are demonstrating that there is a desire to have ag lots, and it gives you the various uses that you're not going to get on a residential. You can have horses. You can have goats. You could have chickens, and a large garden, anything else that, you know, you might find on an ag lot, and they are being used. Now, if somebody wanted to use a lot, buy a two-acre lot, split it, that's fine, that's okay. I have no problem with that. But there are plenty of residential lots. There's some 500 residential lots available for that. Maybe not all of them are two-acre, but a good portion of them are, and that's being done. And speaking of the splitting of the lots, over time, there have been some five or six -- I mean, this is recently since 2017. There's been, like, five residential lots have been split, and the people that split them are developers. They're not there any longer. They're not residents of the community; whereas the people who have bought adjacent lots in the ag area are still with us. So that will give you an idea of what the -- what's people's impression when they come in there to buy a lot and what they're going to do with it. So I would say that you should deny the rezoning on this because what it will do, if you approve this one, and other ones will follow, you're going to have the same chain of investors coming in June 11, 2024 Page 92 and following suit, buying the ag lots, and that will change the entire complexion of the area, and we just don't want that. And each time that a lot is split, that adds another septic tank, which I think that not just here, but all across the state is -- a move afoot to get rid of some of the septic tanks. We don't have any sewerage in there, and only some of us have county water. So it just aggravates the whole situation more if the lots get split. But, definitely, in the middle of the ag area, to change one over to residential, just doesn't make sense. The adjacent properties may want to, you know, come in there and buy a portion of a lot that he wants to sell. Okay. MR. MILLER: Your next speaker is Elona Dreni. She will be followed by George Leamon. MS. DRENI: Good afternoon, Commissioners. My name is Elona Dreni. I'm the current president of the Pine Ridge Estates Civic Association, so I'm here to speak on behalf of the board. We would like for you to deny this petition for rezoning and variance of the applicant. One thing that I want to mention that I believe Bob was trying to get to, didn't get a chance, is that when the NIM was held, the civic association should have been notified. Pretty much none of us knew that this was happening. We didn't know about this meeting. We found out much later. We then found out there was only one family that showed up at the meeting. There was a notice in the paper. There was a meeting downtown. This should have been handled much better. If something like this needs to happen, we need to talk about it as residents of this community. The Pine Ridge Civic Association is a great forum to do that. We're not an HOA. We don't enforce anything, but we have a voice to speak to each other to get together and to discuss issues that affect all of us. June 11, 2024 Page 93 This would change the character of our community. We don't appreciate that. And I believe it would set a precedent also. As they mentioned, there's 37 other lots that they want to be able to do the same thing. And talking about more sewage issues that we have that -- we don't have sewage or water, so they would have to add -- that would complicate matters even more. So we ask that you please deny this petition. Thank you. MR. MILLER: Your final registered speaker is George Leamon. MR. LEAMON: Chairman, Commissioners, George Leamon. I've lived in Pine Ridge for over 50 years. I can't imagine counting all the campaigns I was involved with for county commissioners over the years, but they always had a pledge: Bring back or maintain common sense politics. Well, guys, I think this is a chance to do exactly that. So I ask you to deny this application. Thank you. MR. MILLER: That was our final speaker, sir. CHAIRMAN HALL: All right. So I'm a resident of Pine Ridge Estates. MR. OLIVARES: May I have a comment? CHAIRMAN HALL: No, sir. COMMISSIONER SAUNDERS: Actually -- CHAIRMAN HALL: You want to hear him? COMMISSIONER SAUNDERS: Well, he's entitled to rebut. CHAIRMAN HALL: Okay. I want to make a comment. Go ahead. We'll let you rebut. MR. OLIVARES: Okay. Sorry. I'm going to be very short here. I just want to say it's a little disappointing, because after the Planning Commission I did reach out to the Pine Ridge Civic Association to kind of work out whatever issues needed to be worked June 11, 2024 Page 94 out. And it's just upsetting because they're still a little bit confused about the application itself. I just want to make a few minor clarifications. There are three variances requested. If there was no house on the property right now, there would be no variances requested for this petition. The rezoning does not require any variances. The only new variance would be for the side yard. The house is existing as it is right now. So the two front yard setbacks exist as they are right now. I also find it a little bit ironic that some of the people that have said they're against this actually also have front yard and side setback variances on their own properties. And the only other thing I would just like to say is that, yes, there may be 37 agricultural lots that they think may be affected, but those other lots would not meet the land -- the LDC requirements to actually split the lots. So there are maybe a handful of lots that would meet the LDC requirements to be able to be split. Thank you for your time. CHAIRMAN HALL: Thank you, sir. So I live there as well, and what we have, or what we've experienced as residents of Pine Ridge Estates is an epic process failure. There was a notice given in a dying entity that was not seen by but one couple that lived across the street. The NIM was met -- the NIM requirements was met, but it was down in the library downtown. I didn't even know about it. The way that I found out about it is I rode my bike by the signs and then had Louise call and find out what this was all about. That's how I found out about it. So this -- the house that sits on the two acres right now, it's called a legally noncompliant house, meaning it was built back in the '70s. It was built before the setback requirements were changed, and June 11, 2024 Page 95 because it was done before then, it's grandfathered in. So it's legally noncompliant. It's noncompliant to the current setbacks, but it's a legal house as long as it stays there. The covenants that were mentioned, you know, Growth Management -- I discussed this with them. So Growth Management says, "Well, we don't take into consideration the covenants. That's a legal matter between the residents and somebody that wants to move in," so I understand that. Staff is limited to the Growth Management Plan, the Future Land Use, the densities that have been allowed in the past. So it's not -- it's not so much this is technically bad. It's just that the people have -- they've come out in droves. I mean, I've had phone calls. I've had e-mails. I have not had phone calls. I've had letters and e-mails once they found out about the ag lots. Now, the ag lots run along between Gordonia and Ridge Street. They run along between those and Goodlette-Frank. There's horses out there. The lots are large. This particular lot is in a curve there on Gordonia, and it's an odd-ball lot, meaning it's not square. And so the petitioner's asking to split it, and then the variances would have to come in so that he could fit two residences, you know, on there. You know, like I said, the staff doesn't consider the covenants, but the people do. And Pine Ridge is a special place. It's a special place. The lot that -- the lots that are there are unmatched in the county. I mean, they're nice, and they're close. Would the split be allowable? The answer is yes, if we approved it. Is it preferable? The answer is no. We've heard from the people loud and clear about it. Had they have known about this, they would have voiced their opinion. At the Planning Commission, this came up, and they basically had to ask for a motion to pass it, and then when no second was done, June 11, 2024 Page 96 the Chair seconded the motion, and then they had a 25-minute discussion. The discussion was basically about whether the covenants were current or not, or whether they had expired. And so after a 25-minute discussion on the covenants, they approved it. And what we find out now is the covenants are in perpetuity. They matter to the people. So representing the people of District 2 and the residents of Pine Ridge Estates, I'm not going to be in favor at all of this petition. Commissioner Saunders. COMMISSIONER SAUNDERS: Thank you. I'm not supportive of it either. I had a couple other questions. Because we've been dealing with variances -- and as a matter of fact, I want to bring something up under counsel communications later on dealing with variances. But the request is to divide the lot, which then necessitates variances. And the law is that you can't have a -- they're supposed to be land-related hardships, and there's supposed to be hardships that are not created by the landowner. And so we have a request to split lots and create several needs for a variance. And just a question for County Attorney, just like your legal opinion as to whether -- I'm not going to support doing this, but I just want your opinion as to whether or not approving a lot split and creating a need for variances would justify having variances under the law that requires the variances not to be created by the landowner -- or the hardships not to be created by the landowner. MR. KLATZKOW: Variances in Florida, by statute, require a showing of substantial hardship to the applicant. I've not seen that. I don't know how you can do the rezone without the variance. If the Board's belief is that the variance shouldn't be granted, I would suggest that both items be voted down. COMMISSIONER SAUNDERS: I mentioned one other June 11, 2024 Page 97 variance that was granted by the Hearing Examiner -- and I'll get with you during the lunch break, because I want to discuss that during the counsel communications. But I agree with Commissioner Hall that I don't support this. I think it changes the character of the neighborhood. It has the potential of creating some issues there, but I also don't like the idea of us splitting lots and requiring variances to make those lots buildable. CHAIRMAN HALL: Commissioner McDaniel. COMMISSIONER McDANIEL: Yeah, I agree. I -- I appreciate your comments, Commissioner Hall, and certainly the comments from the community. I found it interesting that we were -- and that was one of the reasons why I asked the question at the beginning as to whether or not the variance requests were going to have a negative impact on a neighbor. I found it interesting that we were asking for approval of a variance in order to effectuate a rezone and a lot split. And I didn't -- I didn't -- I didn't find -- I didn't find good flavor in that. So I'm going to support the -- I'm assuming the inevitable motion that's going to come forward for denial. CHAIRMAN HALL: Commissioner LoCastro. COMMISSIONER LoCASTRO: Thank you, Mr. Chairman. Yeah, this is one of the reasons why I pulled 17A forward. And maybe to the average citizen who's watching this and hasn't done the deeper dive that we've done and that the Planning Commission has done, they sound very similar, and in some cases they are, but they're very, very different. I don't support this one either because -- there's a reason why the planning board in the case of the -- what we voted on in my district, they were unanimous in recommending it. Correct, Mr. Bosi? Just say yay or nay. June 11, 2024 Page 98 MR. BOSI: (Nods head.) COMMISSIONER LoCASTRO: Unanimous. But in this particular case they weren't for very many -- very many reasons that I definitely can see as well. Totally different neighborhood, totally different reasons. So it's not a matter of the exact same thing of just splitting lots. This one brings with it much more complication, and it's a totally different unique circumstance. So, I mean, you know, like Commissioner Saunders always says, you know, you can sort of count noses on this one. I mean, we have yet to hear from Commissioner Kowal, but I had a lot of reservations with this one. And as the County Attorney said, you know, you don't vote for the change if you're against the variances. I mean, they sort of go together. And so, you know, that's how I feel. In the case of my district, it didn't have those complications. It was something much different and much cleaner and made more sense, and the Planning Commission agreed. This one, there's a reason the Planning Commission split, confused, and pushed it to us, I guess. CHAIRMAN HALL: Yes. So, Commissioner Kowal, are you unmuted? Because we're going to call for a vote. I'm going to make a motion to deny the petition on 8A and 9A. COMMISSIONER SAUNDERS: I'll second that, Mr. Chairman. CHAIRMAN HALL: So we have a motion and a second to deny both 8A and 9A, both the rezone and the variance. All in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. June 11, 2024 Page 99 CHAIRMAN HALL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN HALL: All opposed? (No response.) CHAIRMAN HALL: So moved. MR. MILLER: Mr. Chair, could we poll Commissioner Kowal about 9B real quick? CHAIRMAN HALL: Yes. Commissioner Kowal? COMMISSIONER KOWAL: Yes, I wanted to clarify that. Yeah, it was my fault. Human error. I hit the mute button too late. I voted "yes" in support of 9B with the rest of the Commission. You just didn't hear me because I was muted. CHAIRMAN HALL: We could feel you. COMMISSIONER KOWAL: So if that helps clarify. CHAIRMAN HALL: Thank you, Dan. COMMISSIONER KOWAL: All right. MS. PATTERSON: Commissioners, that -- we took a vote on that one, correct? Yes, everybody voted. Okay. That brings us to the County Manager's agenda. I don't know how you-all are feeling about lunch or if we want to keep going. We have one, two, three, four, five, six, seven items on the agenda. Some of them should go quickly. So if you want to push through a couple more, it's at your pleasure. CHAIRMAN HALL: I think we should go for a couple more. I know that we're going to have several comments in commission comments before we get started with you-all, so let's -- we'll just go till 12:30, then take a break. MS. PATTERSON: Okay. Well, let's see if we can knock out the two Conservation Collier items. I think we can do that in 10 minutes. Those are the next ones up. That would be -- and June 11, 2024 Page 100 we'll -- and let's hear them together. So that's Item 11A and Item 11B. And they have long titles, so I'm going to go ahead and read them in while Jaime gets ready. Item #11A AN AGREEMENT FOR SALE AND PURCHASE UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM WITH 1) RICHARD L. WOODWORTH FOR A 2.27-ACRE PARCEL AT A COST OF $49,600; 2) CDL NAPLES INVESTMENT, LLC, FOR A 2.73-ACRE PARCEL AT A COST OF $59,650; 3) MARCOS A. AND ELIZABETH S. BECKERT FOR A 1.14-ACRE PARCEL AT A COST OF $24,910; 4) PEGGY ANNE ARNOLD (“ARNOLD TRUST”) FOR A 7.16-ACRE PARCEL AT A COST OF $141,140; AND 5) THE LAND GENIE, LLC, FOR A 2.73-ACRE PARCEL AT A COST OF $62,790, FOR A TOTAL COST NOT TO EXCEED $346,790 INCLUSIVE OF CLOSING COSTS. (JAIME COOK, DEVELOPMENT REVIEW DIVISION DIRECTOR) (DISTRICT 5) - MOTION TO APPROVE 3) MARCOS A. AND ELIZABETH S. BECKERT AND 4) THE “ARNOLD TRUST” PROPERTIES BY COMMISSIONER HALL; SECONDED BY COMMISSIONER MCDANIEL – APPROVED; MOTION TO APPROVE 1) RICHARD L. WOODWORTH PROPERTY BY COMMISSIONER SAUNDERS; SECONDED BY COMMISSIONER LOCASTRO – APPROVED (COMMISSIONER HALL OPPOSED); MOTION TO APPROVE 5) THE LAND GENIE, LLC PROPERTY BY COMMISSIONER SAUNDERS; SECONDED BY MCDANIEL – APPROVED (COMMISSIONER HALL OPPOSED); MOTION TO APPROVE 2) CDL NAPLES INVESTMENT, LLC PROPERTY BY COMMISSIONER SAUNDERS; SECONDED BY COMMISSIONER MCDANIEL – June 11, 2024 Page 101 APPROVED (COMMISSIONER HALL AND COMMISSIONER KOWAL OPPOSED) MS. PATTERSON: 11A is a recommendation to approve an agreement for sale and purchase under Conservation Collier Land Acquisition Program with, one, Richard L. Woodworth for a 2.27-acre parcel at a cost of $49,600; two, CDL Naples Investment, LLC, for a 2.73-acre parcel at a cost of $59,650; three, Marcos A. and Elizabeth S. Beckert for a 1.41-acre parcel at a cost of $24,910; four, Peggy Anne Arnold and the Arnold Trust for a 7.16-acre parcel at a cost of $141,140; and, five, the Land Genie, LLC, for a 2.73-acre parcel at a cost of $62,790; for a total cost not to exceed $346,790, inclusive of closing costs. Item #11B AN AGREEMENT FOR SALE AND PURCHASE UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM WITH 1) NELSON GRANADOS FOR A 5.15 ACRE PARCEL AT A COST OF $106,860; 2) NANCY A. WATERS, WILLIAM C. BARTELSMEYER, AND JUDITH A. MOULTON, INDIVIDUALLY AND AS TRUSTEE OF THE REVOCABLE TRUST AGREEMENT NO. 012645 DATED DECEMBER 18, 2015 (“MOULTON TR.”), FOR A 7.17 ACRE PARCEL AT A COST OF $141,340; 3) ANA MARGARITA TAYLOR-ABRAHAM AS PLENARY GUARDIAN OF THE PERSON AND PROPERTY OF ANA L. TAYLOR, SURVIVING SPOUSE OF ERNESTO TAYLOR (“TAYLOR”) FOR 5 ACRES AT A COST OF $98,650; AND 4) NANCY A. WALSH FOR A 1.14 ACRE PARCEL AT A COST OF $19,494, FOR A TOTAL COST NOT TO EXCEED $373,834 INCLUSIVE OF CLOSING COSTS. (JAIME COOK, June 11, 2024 Page 102 DEVELOPMENT REVIEW DIVISION DIRECTOR) (DISTRICT 5) MOTION TO APPROVE BY COMMISSIONER HALL; SECONDED BY COMMISSIONER MCDANIEL – APPROVED MS. PATTERSON: Then Item 11B is a recommendation to approve an agreement for sale and purchase under Conservation Collier Land Acquisition Program with, one, Nelson Granados for a 5.15-acre parcel at a cost of $106,860; two, Nancy A. Waters, William C. Bartelsmeyer, and Judith A. Moulton, individually and as trustee of the Revocable Trust Agreement No. 012645 dated December 18th, 2015, for a 7.17-acre parcel at a cost of $141,340; three, Ana Margarita Taylor-Abraham as plenary guardian of the person and property of Ana L. Taylor, surviving spouse of Ernesto Taylor, for five acres at a cost of $98,650; and four, Nancy A. Walsh for a 1.14-acre parcel at a cost of $19,494; for a total cost not to exceed $373,834, inclusive of closing costs. Ms. Jaime Cook, your Development Review division director, will present on both of these items. MS. COOK: Good afternoon, Commissioners. Jaime Cook, for the record. So the nine properties that you have before you for consideration between the two items, eight of those properties are within the Gore Preserve and one within Red Maple Swamp. Troy, it's not working. There we go. So the first five that are in Item 11A are highlighted in pink on this map of the Gore Preserve. The Gore Preserve was established in 2018 as a multi-parcel project. To date, about 220 acres, which is about 55 percent of the project area, has been acquired. The Gore Preserve is located in the southern Golden Gate Estates. DeSoto Boulevard runs through the middle of the preserve, and it is just north of I-75. June 11, 2024 Page 103 The preserve provides habitat for a variety of wildlife, including listed species, such as the Florida panther, wading birds, the bonneted bat, and black bear. It contributes to the wildlife corridor of public and private conservation lands, including the North Belle Meade Preserve, which is in the bright yellow to the far left of the map. The Rural Fringe Mixed-Use district sending lands, panther refuge, which is the bright green/teal to the eastern part of the map, to the right, the Rural Land Stewardship Sending Areas 6 and 18, as well as Picayune Strand and Fakahatchee Strand State Park. The first parcel on this -- in this agenda is the Woodworth parcel. It is 2.27 acres in the northwest section of the preserve. The property contains both wetland vegetation and soils, and the purchase price is 95 percent of the appraised value of the property. Although it's not currently connected to any other Conservation Collier parcels, because this is a multi-parcel project that has continued to be approved by the Board the last six years, staff does continue to engage with those owners surrounding this parcel to try to connect the parcels. The CDL Investment parcel is 2.73 acres in the northeast section of the preserve and does contain 100 percent wetland vegetation and soils. It does connect to an existing Conservation Collier parcel on its southern boundary. And, again, the purchase price is 95 percent of the appraised value of the property. The Beckert parcel is 1.14 acres of mixed scrub-shrub habitat and wetland soils. The property is entirely surrounded by conservation parcels and, again, this purchase price of $24,910 is 95 percent of the appraised value of the property. The Arnold Trust parcel is 7.16 acres of cypress wetlands and wetland soils in the southeast portion of the property. Directly east is another property for consideration, which is part of Item 11B, and the three parcels that are directly to the east of that were approved by June 11, 2024 Page 104 you-all in September and October and closed in December. So those are existing Conservation Collier parcels. Again, the purchase price is 95 percent of the appraised value of the property. And then, finally, for Item 11A, the Land Genie parcel is 2.73 acres in the northern section of the preserve. Approximately half of the property contains wetland soils, but it does contain cypress wetland vegetation. It does abut an existing Conservation Collier parcel on its southern boundary and, similarly to the Woodworth parcel, which is to the west of this, we continue to engage with those surrounding homeowners/property owners as part of the multi-project that you continue to approve each year. These five properties consist of a total of 16.03 acres of land, and if acquired these -- this acreage would be added to the Gore Preserve. With that, staff recommends acquiring these five parcels as part of the Conservation Collier Land Acquisition Program at a cost not to exceed 346 -- $346,790. With that, I can take any questions or go on to Item 11B. CHAIRMAN HALL: Ms. Cook, can you go back to the first map, please. So what is -- so that's -- so the ones that are outside of the existing Conservation Collier lands is Woodworth, Land Genie, CDL, and the other two are tied in there. So those are the three that are out there. Is that the only three that are not really attached to the rest of the preserve? MS. COOK: Correct. CDL is connected on its southern boundary but, for the most part, yes, you're correct, sir. CHAIRMAN HALL: All right. Thank you. COMMISSIONER McDANIEL: Let's go to the next -- whatever the Chair wants to do. CHAIRMAN HALL: Let's go to the next one. MS. COOK: Troy, can you help? June 11, 2024 Page 105 MR. MILLER: Sure. MS. COOK: Okay. So, again, I won't go through all of this again since we're kind of hearing this together, but three of the four parcels are still within the Gore Preserve. They are indicated in the blue on this map; the Granados parcel, the Moulton Trust parcel, and the Taylor parcel. And then the fourth property is within the Red Maple Swamp, which is in the Northern Golden Gate Estates, just north of Twin Eagles. So we'll go directly to the Granados parcel which, again, is in the northern part of the Gore Preserve. It consists of 5.15 acres of mixed hardwood wetlands. It is non-hydric soils, so it wouldn't require as much mitigation if it were to be developed by the state. It is not currently connected to any other parcels owned by Conservation Collier, but for awareness, the parcel directly to the east has accepted an offer, and that purchase agreement is slated to come before you within the next couple of meetings depending on the rest of the schedule. The purchase price of $106,860 is 100 percent of the appraised value of the property. The Moulton Trust parcel is 7.17 acres. It is 100 percent wetlands and wetland soils, and it is adjacent to the Arnold Trust parcel, which we just discussed, as well as three parcels directly to its east, which were acquired by Conservation Collier in the fall. And then, finally within the Gore Preserve, the Taylor parcel is five acres directly west of DeSoto Boulevard on 40th Avenue Southeast. The property consists of wetland hardwood vegetation, and about 40 percent of it contains wetland soils. It is surrounded by existing Conservation Collier parcels on its east, west, and north. So this one would kind of fill in an existing hole within the preserve. And then finally, the last parcel is within the Red Maple Swamp. We haven't really discussed much about Red Maple Swamp. But it was established as a multi-parcel project similar to Gore and June 11, 2024 Page 106 Winchester Head back in 2005. The preserve is off of Shady Hollow Boulevard in the northeastern Golden Gate Estates. It's adjacent to both public and private conservation lands, including Corkscrew Swamp Sanctuary, CREW district lands, including the Bird Rookery Swamp, as well as private Conservation Collier lands including those belonging to Twin Eagles, Heritage Bay, the Quarry, Esplanade Country Club, Bonita Bay, and Riverstone, as well as Old Cypress. To date, Conservation Collier has acquired about 80 percent of this project area and has 22 remaining parcels inclusive of the one that you will be reviewing. Red Maple Swamp consists of habitat for wildlife, including the Florida panther, black bear, and wading birds. The habitat is mostly cypress, as well as Red Maple Swamp. And the area provides significant floodplain storage and protection of the surface and groundwater resources in this area in the county. The Walsh parcel is 1.14 acres consisting of forested and scrub wetlands, and it is 100 percent wetland soils. The parcel is surrounded by Conservation Collier parcels in green to its north, west, and east, and the purchase price of 19,494 is 95 percent of the appraised value of the property. These four parcels would add 18.46 acres of land to the program, mostly within the Gore Preserve, but also within Red Maple Swamp. And with that, staff's recommendation would be to purchase -- to approve the purchase agreements for these four parcels and acquire the parcels as part of the Conservation Collier Land Acquisition Program at a cost not to exceed $373,834. And with that, I will take any questions. CHAIRMAN HALL: Commissioner McDaniel. COMMISSIONER McDANIEL: Yes. If you would, go back to the map for both Red Maple Swamp and the Gore Preserve. June 11, 2024 Page 107 MS. COOK: That one? COMMISSIONER McDANIEL: You're a quicker clicker than I am. CHAIRMAN HALL: Quicker clicker. COMMISSIONER McDANIEL: Quicker clicker. Has this area been designated as a TPA? MS. COOK: Red Maple Swamp? It is TPMA, but when it is approved as part of the multi-parcel project, every year we do send letters to this area. COMMISSIONER McDANIEL: Okay. How about the Gore Preserve? MS. COOK: Same with that. The Gore Preserve, there is a -- north of this project boundary is where the TPMA is. COMMISSIONER McDANIEL: You threw an M in there. TPA is Target Protection Area. What's the M stand for? MS. COOK: Target protection mailing area. COMMISSIONER McDANIEL: Oh, okay. MS. COOK: So just north of this is a Target Mailing Area. COMMISSIONER McDANIEL: Just north of -- MS. COOK: The preserve boundary. COMMISSIONER McDANIEL: Are all these parcels that are delineated in gray -- I know the green we already -- the Conservation Collier already owns. MS. COOK: Correct. COMMISSIONER McDANIEL: And the ones that are delineated in gray are part of that TPMA? MS. COOK: No. COMMISSIONER McDANIEL: No. MS. COOK: So the ones in gray are part of the multi-parcel project boundary, and then the TPMA, which would expand the Gore Preserve, is directly to the north of this. June 11, 2024 Page 108 COMMISSIONER McDANIEL: And obviously over to the east off of Everglades we've got a TPA over there, TPMA over there. MS. COOK: Correct, correct. COMMISSIONER McDANIEL: Thank you. CHAIRMAN HALL: So the people in gray that are within the Gore, they are not receiving mail? MS. COOK: They do. CHAIRMAN HALL: They do, okay. MS. COOK: They receive them yearly, yes, sir. COMMISSIONER LoCASTRO: Just counting, we're talking about eight lots in total, right? You presented five and then three? MS. COOK: There's nine. COMMISSIONER LoCASTRO: Nine, okay. MS. COOK: Eight within Gore and one within Red Maple Swamp. COMMISSIONER LoCASTRO: I gotcha. Okay. CHAIRMAN HALL: I'm just going to throw it out there. I see the value in the properties that are adjacent or filling holes. I'm not a fan of the Woodworth and the Land Genie and the CDL Investment. They're just kind of willy-nilly out there on their own. I understand that in the future we could join those, and that would be my preference is to put those in when we have something that would join up and fill the puzzle, so to speak. So I'm going to make a motion to approve everything except for those three, and that would be with the exception of Woodworth, CDL, and the Land Genie. Commissioner Saunders. COMMISSIONER SAUNDERS: Mr. Chairman, just on the motion, assuming that motion's approved, I assume that we can make a subsequent motion on the other three? CHAIRMAN HALL: Sure. COMMISSIONER McDANIEL: Do you want to take them June 11, 2024 Page 109 individually? COMMISSIONER LoCASTRO: One at a time, I would say. COMMISSIONER McDANIEL: Yeah. Do you want to go -- do you want to go back to the beginning on 11A and have a discussion on those five parcels on 11A, or however many are in there, and pull out the ones you want, because -- CHAIRMAN HALL: I'm all about it. So we can talk about Woodworth, the 11A, No. 1. I'm not -- I'm not a fan. COMMISSIONER LoCASTRO: Go back to the Woodworth slide, if you would. COMMISSIONER McDANIEL: It's on there right now. COMMISSIONER LoCASTRO: Well, it's all of them. But didn't you have a separate one for Woodworth? I just wanted to look at the specs again. I agree, too. I hate seeing these little puzzle pieces, but then, you know, two months from now, they come back saying, oh, the adjacent lot wants to sell, and if we would have bought Woodworth -- and, I mean, I'm just speculating. But, you know, I like buying the things that are in the heart of a Conservation Collier, you know, footprint already, and this is the last piece of the puzzle. But then, you know, there are several people that could be at the mic right now saying, "Well, you've got to start with the first piece." And that's why I just wanted to take a look at this slide, see what we were paying. This was 95 percent of appraisal, right? MS. COOK: Yes. COMMISSIONER LoCASTRO: Right. But, like, out in the middle of nowhere. CHAIRMAN HALL: Commissioner Saunders. COMMISSIONER SAUNDERS: Yeah. I think there was -- I may be guessing, but I think there would have been general support for the motion that you make to purchase the five [sic] parcels, and June 11, 2024 Page 110 the question would be what to do with the other three, and that's why I was going to ask if we can do a subsequent motion. So I'm suggesting that we go back -- unless Commissioner McDaniel and Commissioner LoCastro have some problems and Commissioner Kowal have some problems with those five, why don't we take those off the table by supporting your motion to acquire those and then go one by one on the other three? COMMISSIONER McDANIEL: Well, there's nine total. MS. COOK: Correct. CHAIRMAN HALL: Red Maple Swamp will be good. I'm not including -- I'm not including -- I mean, I'm including approving the Red Maple Swamp one. I'm just talking about these ones right here in the Gore Preserve, these three properties in the Gore. COMMISSIONER SAUNDERS: So you would have six that you support? CHAIRMAN HALL: Yes. And then these three we can discuss. COMMISSIONER SAUNDERS: And those are all connected. So why don't we take your motion and then deal with the other three individually. CHAIRMAN HALL: Okay. COMMISSIONER McDANIEL: I'll second that motion. CHAIRMAN HALL: All right. So we have a motion and a second. So we'll have some discussion on these three properties, the Woodworth, the CDL, and the Land Genie. Commissioner McDaniel. COMMISSIONER McDANIEL: Well, let's vote on that motion. CHAIRMAN HALL: Okay. So we have a motion and second to approve the six without the Woodworth, the CDL, and the Land Genie. June 11, 2024 Page 111 All in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN HALL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: (No verbal response.) CHAIRMAN HALL: All opposed? COMMISSIONER KOWAL: Aye (delayed response.) CHAIRMAN HALL: We got you. COMMISSIONER KOWAL: A little late. CHAIRMAN HALL: All right. Now we can discuss the three at the top there. Commissioner McDaniel. COMMISSIONER McDANIEL: Yeah. Is there somebody ahead of me? CHAIRMAN HALL: Oh. Well, you were up there. Commissioner Kowal? COMMISSIONER KOWAL: I'd put my hand up because I can't see what you guys are seeing sometimes, and I know the Woodworth, the Land Genie, and the CDL, I think, were the three we're discussing now. CHAIRMAN HALL: Yes, sir. COMMISSIONER KOWAL: I know at one point somebody said they wanted to see it again. It never popped up for me, but just giving [sic] you aware that sometimes I can't see exactly what you guys are looking at. COMMISSIONER LoCASTRO: Yeah, we can't see the slides. COMMISSIONER McDANIEL: Yeah, she was flipping through -- would you go to the map where they're delineated with pink and blue? There we go. That has them -- that has all of the ones in the June 11, 2024 Page 112 Gore Preserve area, and the Red Maple, I think, is off on its own, correct? MS. COOK: Correct, yeah. COMMISSIONER McDANIEL: All right. COMMISSIONER LoCASTRO: And, Jaime, pop in if there's something we're missing. I mean, I agree with Commissioner Hall as well, you know, when I see these lots sitting out in the middle of nowhere, you know, I'd rather use the money for something that is more specific, but if there's something that you know in further planning, like the lots adjacent to these lots are about to come up for a purchase or, you know, if you want to reiterate the value of these lots, you know, this is a big panther preserve. It's a big -- you know, something that maybe we missed as you're going through nine different lots. You know, I don't want to miss anything. MS. COOK: You know, I will say that to Commissioner McDaniel's question about the target mailing area, there are several parcels just north of this that have applied to the program, so those are expected to come forward with the Active Acquisition List. COMMISSIONER McDANIEL: Now I'm ready. Can you call -- CHAIRMAN HALL: Yes, sir. COMMISSIONER McDANIEL: That will just expand the Gore Preserve area. MS. COOK: Correct. COMMISSIONER McDANIEL: Okay. And I'm -- and I'm going to say this. I mean, this is a hugely environmentally sensitive area. We've always had discussions with regard to wildlife traversing out of the -- out of the panther preserve through this area. Hopefully someday we'll talk about a wildlife crossing on Everglades Boulevard over into the eastern side of the North Belle Meade, in that area that's established over there. June 11, 2024 Page 113 So, I mean, based upon my reading of the description of the hydric soils, the environmental sensitivity of these -- of these lots, I'm not opposed to the acquisition of them. I would have originally approved the acquisition of all of them. I understand, with deference, the thought process of theoretical piecemealing, but sometimes when you're putting a puzzle together, you don't get to start on one corner and work your way through. This area's been designated as an extremely environmentally sensitive area. And I'm not in -- I'm not going to throw myself on the sword on these acquisitions, but these are acquisitions that the -- that the program can and will add to over time filling in that puzzle. CHAIRMAN HALL: Commissioner Saunders. COMMISSIONER SAUNDERS: Thank you. I think we all know where we're going to be on these. I'm going to go ahead and make a motion just on the Woodworth just -- I'll do one at a time. The Woodworth property, I make a motion to go ahead and acquire that. COMMISSIONER LoCASTRO: Second it. COMMISSIONER McDANIEL: Yeah. Was that to acquire it? I missed that. COMMISSIONER SAUNDERS: Yes, to acquire it. I'm sorry. Yes, to acquire it. COMMISSIONER McDANIEL: Yes. CHAIRMAN HALL: All right. Motion and second to approve the Woodworth. All in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN HALL: All opposed? June 11, 2024 Page 114 Aye. THE COURT REPORTER: I can't tell if he's for or against. CHAIRMAN HALL: Are you for or against, Commissioner Kowal? COMMISSIONER KOWAL: I said aye. Sorry, for. CHAIRMAN HALL: Okay. For; 4-1. COMMISSIONER SAUNDERS: All right. I'll make a motion, Mr. Chairman, on the Land Genie parcel, to acquire it. COMMISSIONER McDANIEL: I'll second it. CHAIRMAN HALL: All right. All in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN HALL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: (No verbal response.) CHAIRMAN HALL: All opposed? Aye. COMMISSIONER KOWAL: Aye (delayed response). THE COURT REPORTER: So I don't know if he's delayed or -- CHAIRMAN HALL: He's delayed. MR. MILLER: There's a slight delay there. We might want to pause. CHAIRMAN HALL: I'll wait -- I'll wait for the next one, but he was for it. COMMISSIONER SAUNDERS: And then, Mr. Chairman, I'll make a motion to approve the purchase of the CDL Investment parcel as well. COMMISSIONER McDANIEL: Second. CHAIRMAN HALL: Motion is made to acquire CDL Investment. All in favor, say aye. June 11, 2024 Page 115 COMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN HALL: All opposed? (No response.) CHAIRMAN HALL: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN HALL: So moved. COMMISSIONER KOWAL: I opposed that one. Sorry. So it was 3-2. MS. COOK: Thank you. CHAIRMAN HALL: All right. That brings us to lunch. So it's 12:43. Is 1:30 soon enough? Can everybody get 'er done by 1:30? Let's do it. We'll be back at 1:30. (A luncheon recess was had from 12:43 p.m. to 1:30 p.m.) MS. PATTERSON: Chair, you have a live mic. CHAIRMAN HALL: All right. Ms. Patterson, where does that bring us to? Item #11C TO APPROVE SPENDING UP TO $10,000 FOR APPRAISAL AND PRE-CONTRACT EXPENSES FOR DUE DILIGENCE AND AUTHORIZE STAFF TO TRANSMIT A NON-BINDING LETTER OF INTENT TO COMMENCE NEGOTIATIONS FOR THE PURCHASE OF 10.9+/- ACRES OF PROPERTY AT 299 CREATIVE DRIVE, NAPLES FOR THE COLLIER COUNTY SHERIFF’S OFFICE DISTRICT 5 SUBSTATION. (ED FINN, DEPUTY COUNTY MANAGER) (ALL DISTRICTS) - MOTION TO APPROVE BY COMMISSIONER MCDANIEL SECONDED BY COMMISSIONER LOCASTRO – APPROVED June 11, 2024 Page 116 MS. PATTERSON: That brings us to 11C, which is recommendation to approve spending up to $10,000 for appraisal and precontract expenses for due diligence and authorize staff to transmit a nonbinding letter of intent to commence negotiations for the purchase of 10.9 plus/minus acres of property at 299 Creative Drive, Naples, for the Collier County Sheriff's Office District 5 substation. And Mr. Ed Finn, your Deputy County Manager, is here to present. MR. FINN: Thank you, Ms. Patterson, Mr. Chairman, Commissioners. I'm Ed Finn, Deputy County Manager. Item 11C seeks Board authorization to make a nonbinding offer to purchase 10.9 acres to construct a District 5 substation for the Collier County Sheriff and utilize up to $10,000 to do -- to do some appraisals and some other work leading up to a contract to be presented to the Board. General -- general location, the upper middle of this map shows the current location at Patriot Place. That's a lease that the Sheriff's office has been in since 2017. In the lower section, towards the right-hand side, is the proposed 10-acre site. A little closer view of the 10-acre site. And I will flip back. Commissioner Saunders seems to be scrutinizing that location. COMMISSIONER SAUNDERS: Thank you. MR. FINN: That's the way the location looks. And if I may, some considerations. Since at least 2019, the Sheriff has included this substation as well as a north District 1 substation on his AUIR relative to Category B, law enforcement facilities. They've indicated that the subject site is suitable for a District 5 substation. It is, as I understand it, located in agricultural zoning, which will allow for this essential service. The property is listed at 2.5 million. In-house appraisal is roughly $2 million. If approved, the County Manager or designee will transmit a June 11, 2024 Page 117 letter of intent for $2 million. We will initiate the appraisal process. And if agreeable terms are reached, we will return to the Board for approval. With that, it is our recommendation to approve this. I will answer any questions or concerns that we might have. CHAIRMAN HALL: I guess my question would be, you know, I'm -- this is fine and dandy for the 10,000 for the appraisal and all that, but then what? What are we -- what are we looking at down the road? If we purchase this for $2 million, then what are the taxpayers looking at to -- as the whole picture? MR. FINN: We would probably be building a facility in the 3,500 to 5000-square-foot range. We would be providing storage on this location for the Sheriff as well. In all probability, the construction costs would be between 4.5 and $6.5 million in addition to the acquisition costs. And I'm going to quickly say that all of this would be part of our due diligence. We would be working up this very thing. When we bring it back to you, we would have a little -- little more thorough analysis than square foot times assumed square footage. We would actually put a little pen to paper and do a little more work so the Board was fully informed. I will tell you that in next year's budget, as we develop it, we are continuing the County Manager's desire to ensure that some funding is available for purchases of property that provide a good opportunity for us. This is an opportunity for us to do this. And as importantly, our colleague, the Sheriff, relative to the strategic plan is certainly ranked up high in terms of public safety. We have an obligation to try to advance the ball for his needs. CHAIRMAN HALL: Sure. Is -- the current lease, is it in jeopardy? MR. FINN: No, sir. The current lease is approximately June 11, 2024 Page 118 $78,000 a year. And, in fact, on this agenda, you renewed that lease, so we are in good shape. But as you know -- CHAIRMAN HALL: He just wants his own house. MR. FINN: He certainly does. The speed of government is such that if we don't start relatively soon, it's going to take forever. And things only cost more as you delay, as you well know. COMMISSIONER McDANIEL: Well, you hit on my points. I was just wanting to know when you're putting pen to paper, just the rate of return, how long it's going to take for actual construction, where we're at with the current outgo, you know, as far as paying as rent goes and approximately what the -- what the term is on that. MR. FINN: Yes, sir. Completely agree. With that, it is our recommendation to proceed. I hope that meets with your approval, sir. COMMISSIONER McDANIEL: And I'll make that motion. COMMISSIONER LoCASTRO: I have one quick question. The funding, as Commissioner Hall was saying, from start to finish, is that all Collier County, or the Sheriff's throwing in some dollars when this building finally gets designed and built. Or if it got that far, what pots does it come out of? MR. FINN: Commissioner, it is the Board's responsibility to provide the Sheriff's facilities. It's the County Manager's responsibility to carry those plans out. This would, in fact, be general county funds insofar as impact fees aren't available. COMMISSIONER LoCASTRO: And how long has this been talked about? MR. FINN: This has been on the AUIR since 2019. The Sheriff moved to the current facility he is leasing in 2017. I suspect when that was done, I'm sure there was a desire at that point to construct the facility. June 11, 2024 Page 119 COMMISSIONER LoCASTRO: Anybody got any other questions or -- I'll second the motion unless there's a question. I'll second it. CHAIRMAN HALL: All right. Motion and second to approve the 10,000 for the appraisal and all that. All in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN HALL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN HALL: So moved. MR. FINN: Thank, you gentlemen. MS. PATTERSON: Commissioners? COMMISSIONER KOWAL: Commissioner -- Chairman? CHAIRMAN HALL: Yes, sir. COMMISSIONER KOWAL: Chairman, if I may, I have to -- I'm probably going to excuse myself at 7:45 -- or 7:45 my time but I guess 1:45 your time, for the rest of the meeting, if it's okay. CHAIRMAN HALL: All right. Night, night. COMMISSIONER McDANIEL: We'll dock your pay. COMMISSIONER KOWAL: I've got to get ready to come back. COMMISSIONER LoCASTRO: Commissioner Kowal, as soon as you sign off, that's when we vote to have you chair a whole bunch of subcommittees, and I think it's going to be unanimous. COMMISSIONER KOWAL: That's okay. Whatever. I'm up for it. Thank you. (Commissioner Kowal signed off Zoom and is absent for the remainder of the meeting.) June 11, 2024 Page 120 Item #11D THE BOARD OF COUNTY COMMISSIONERS ACCEPT AN UPDATE ON THE PERFORMANCE OF THE FLORIDA CULINARY ACCELERATOR AT IMMOKALEE - ACCEPTED; MOTION WITH SOME SPECIFIC DIRECTION TO STAFF INCLUDING DIRECTION TO PUT OUT AN INVITATION TO NEGOTIATE (ITN) BY COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER SAUNDERS – APPROVED MS. PATTERSON: Commissioners, Item 11D is a recommendation that the Board of County Commissioners accept an update on the performance of the Florida Culinary Accelerator at Immokalee, and Mr. Cormac Giblin, your Housing, Policy, and Economic Development director, is here to present. MR. GIBLIN: Good afternoon, Commissioners. For the record, Cormac Giblin. I want to run through a little bit of a brief slide show about -- a little bit about what the culinary accelerator is and some of the activities going on out there. To start with, what is the accelerator? It is a licensed commercial space certified for food production. The county operates it. We rent it -- essentially, rent it out by the hour, day, or month depending on levels of membership -- levels of memberships that are purchased from the county. Everybody using the space needs to have their own licenses and permits, which are renewed annually. And what we do is provide equipment and space for startup food businesses requiring minimal capital investment from them so they can easily achieve the necessary licensing that they need. It provides a beneficial environment for like-minded June 11, 2024 Page 121 entrepreneurs to collaborate and exchange information and ideas on contacts. In the picture, you have our food scientist from UF/IFAS assisting one of our members, who is Reshma from Carina's Manufacturing. Where is the accelerator? It's located at the Immokalee airport. We've been there since about '19 -- I'm sorry. We'll get that in the next slide. But it's in Immokalee near the crossroads of a couple major state arterials. The mission of the culinary accelerator is to promote economic development through diversity and local economy through growth and development of food-related businesses. The accelerator was designed to allow new business startups to capitalize on the county's abundant agriculture and transportation resources while stimulating innovation in the local economic resiliency for the Immokalee area through food service, education, job creation, and entrepreneurship. A little bit of history. On May 13th, 2014, the Board of County Commissioners approved that the Collier County accelerator project be run by a non-profit organization called Economic Incubators, Inc., EII, and the Florida Culinary Accelerator in Immokalee was opened in '18. Later, in April of 2019, the Board directed the County Manager to assume all management and operational aspects of the accelerator programs, and then in late -- in late Fiscal Year '23, those responsibilities were transferred over to the Growth Management Department. The picture here is Chef Daniella, a member of the accelerator working on some of her pastries. The accelerator was majorily [sic] outfit while using grant funding. There was an initial grant of $2.5 million from the Florida DEO, of which 568,000 went to the culinary accelerator. There was another $112,536 grant from the USDA for the June 11, 2024 Page 122 purchase of commercial kitchen equipment with additional matching funds that came from EII at that time, and then another $1.2 million grant from the DEO to EII was in 2016 for the -- for build out of the facility and equipment necessary to build out the food scientist's laboratory, the commercial kitchen, and the packaging facilities. Of note, all of the grants that have been received by the facility have met or exceeded all of their performance requirements, and their period of performance have since expired. Steps for membership in the food accelerator: We help entrepreneurs form businesses. They must form their business through an LLC, a corporation, or other entity. They need to register with Sunbiz. They register with the Florida Department of Revenue. They pay their county tax receipts. They -- they achieve food safety training certifications. They get their permits. They must have proof of liability insurance, a process authority letter, which has to do with package -- how certain foods are packaged, and they sign a contract with the county for use of the accelerator. And this picture is an organization called Canine Kitchen, which are -- they are a human-grade pet food manufacturer who are members out at the facility. The facility itself is licensed by several regulatory agencies including DBPR and USDA, FDA. That is one of the major hurdles and advantages that the accelerator provides to new businesses is achieving those licensures or license approvals and having a facility that is regularly inspected is quite an upfront cost, and so the county provides that for them. The types of food businesses that are created at the accelerator have been restaurants, catering companies, bakeries, food trucks, coffee and beverage, produces, manufactured goods and even as I mentioned before, the human-grade pet foods. This picture is -- Judy from Judy's Cakes is in this picture or -- I'm sorry -- Judy's June 11, 2024 Page 123 Bakery. She was actually one of the -- she was the first member of the accelerator and also its first success story where she has since graduated from the program and opened a real brick and mortar business of her own that is still in business today in the Golden Gate area. There are other shared commercial kitchens in Florida. Here's a sampling of some of them. Some of them are publicly run, as is Collier County's. Some are public/private partnerships, and some are private, but they range -- there are commercial kitchens around the state in existence, and we are by no means trying to reinvent the wheel here. Some of the community benefit that's been -- come from the accelerator is that there have been 46 businesses created with over -- or about 130 jobs, and we've had 23 businesses graduate and move on to permanent locations in Collier County. There are 29 of -- 29 businesses of the -- or the 46 are, in fact, still existent today, with 21 of them right here in Collier County. And then of the total created, 10 lasted less than two years, but 33 lasted for more than two years, which is quite a success story, especially when you're talking about the food-related industries where they have a failure rate of more than 50 percent in the first year or two. So these are exceeding the national averages. Some of the program alumni that are highlighted here we have Chef Hyde from Hyde and Chic restaurant, who has his restaurant in Naples. We've got, I mentioned, Judy's Bakery, Judy Jessica's [sic] in Golden Gate; the Wholesome Hound, which is a pet store in downtown Naples. They were members of the accelerator doing their food-grade pet food. Habaneros Cafe and Catering, which is actually right downstairs in the government center, they are members of the accelerator. And Food Rock restaurant and food truck is another business that has graduated from the accelerator. June 11, 2024 Page 124 Today, if you'd be so inclined, you have a few options that you can consider. One is to consider current operations and direct staff to keep doing what we're doing. Another may be to explore possible revenue-generating or net cost-saving opportunities through enhancement of opportunities. This would be providing refreshments and food for county activities such as Commissioner -- Coffee with the Commissioner, new hire orientation, work anniversaries, even so far as providing food for Parks and Rec areas, festivals, that sort of thing. We also have a strategic partnership with our -- or possible partnership with the Emergency Management folks. The center is out of the hazard area for -- when a disaster hits the coastal areas, it has a backup generator that has enough fuel to run for seven days off the grid and has enough cooking fuel to last for a month. It has refrigeration that can make ice and store cold foods and prepare meals for hundreds of people if needed. Another option would be to seek an alternate operator for the facility through some type of ITN process. You could decide to close the facility and liquidate all the assets, or any other – any other ideas you may have. With that, that's the general update on how the accelerator's been running, what it does, and I'm happy to take any questions. CHAIRMAN HALL: Commissioner McDaniel. COMMISSIONER McDANIEL: Yes. Do you have a current budget with regard to income and expenses? Because I didn't see that as part of the backup here. MR. GIBLIN: Sure. The current budget is a little over $300,000 a year. Of that, about $40,000 comes in from the membership -- sales of memberships or collection of membership dues. COMMISSIONER McDANIEL: Budgeted expenses or June 11, 2024 Page 125 budgeted revenue? MR. GIBLIN: The revenue is $40,000 in membership dues, and the rest of the balance of the budget is made up of the Seminole compact grant that comes to the county through the state government from the Seminole Tribe. CHAIRMAN HALL: You said expenses are 300,000-plus? MR. GIBLIN: Correct, per year. COMMISSIONER McDANIEL: That's what I was looking for. CHAIRMAN HALL: Commissioner LoCastro. COMMISSIONER LoCASTRO: Cormac, how many current businesses are using the accelerator right now or operating out of there? MR. GIBLIN: There are 13 right now. COMMISSIONER LoCASTRO: Okay. And they're in there permanently or just sort of -- you know, they go in there periodically? I mean, I know, like -- correct me if I'm wrong, because we sort of tout the salsa company as a big success. She's in there pretty much permanently, right? She never went to brick and mortar even after being, I think, three years in business, correct? MR. GIBLIN: Correct. She's looking for a spot, but yes. COMMISSIONER LoCASTRO: Okay. Are there other people that have been in there that long or that permanent? Because I like what you said when you said this -- and I'm summarizing. This is sort of a catalyst to get them jump started to sort of get their own thing. But when I hear somebody's been in there for three years paying us what I understand -- because I had a little briefing on this -- maybe we all did -- that, you know, she's a successful company and, you know, everybody applauds that, but she pays about $2,000 for the space, and -- which is a great deal. If I was her, I wouldn't be June 11, 2024 Page 126 looking very hard for a brick and mortar place, especially if I wasn't being chased out of this "startup" accelerator factory. So I don't love that. I'm not looking -- I'm not slamming her business or not looking for it to go out of business. But, you know, an accelerator is just that; it helps you jump start, and then you turn into a brick and mortar. And so I'll go back to my original question. So she's pretty much permanent. But like you said, we hope, looking. The other -- you said there's 13? MR. GIBLIN: Correct. COMMISSIONER LoCASTRO: Give me a rough idea, are they all about the same? They've been there for several years? They're kind of looking but they pay us, you know, $2,000 to use a $25,000-a-month facility? I mean, if a company was using this permanently, it would cost them way more than $2,000, because I understand it's full of top-of-the-line equipment and all of that. But as you said, it was stocked that way when it was first -- when a ribbon was cut on it to jump start businesses and then, you know, force them out the door at some point. Of these 13 other businesses, do you know offhand, like, how many of them have been there more than a year? More than two years? I mean, I think the salsa company's probably the one with the most seniority. MR. GIBLIN: She is. She's the only one who's been there for an -- what I'd call an extended -- COMMISSIONER LoCASTRO: Who else would you say? I mean -- MR. GIBLIN: Well, right now we have, as I said, 13; seven of them are food manufacturing. They do sauces -- COMMISSIONER LoCASTRO: But more than a year are those places, the seven? MR. GIBLIN: They're close. June 11, 2024 Page 127 COMMISSIONER LoCASTRO: Do we do anything to, you know, kind of wean them off of the, you know, accelerator factory and say, you know, you need to -- you need to kind of move on? This isn't a permanent great good deal where you pay us $2,000, and we keep the $300,000 facility open. Because, I mean, if you do the math, you know, if you have 10, 20 people in there, this is a -- this is an investment the county is making at a loss to start up businesses, but if they sort of linger in the -- in the accelerator warehouse for a while, I don't know that it really is doing what -- you know, fully doing what at least I as a taxpayer would want it to do. And what can you tell us? MR. GIBLIN: And, Commissioner, that's one of the things that I think was lost in the program in the transition from EII to the county. EII, their board, was made up of local entrepreneurs with connections to universities and other businesspeople in the community, and so they had more of a soft landing after graduation. There were those resources that were available to them to find, you know, their eventual brick and mortar location. That's one thing that we strive to improve on is we need to develop a clear graduation strategy to help these businesses make that move. Because it is very -- I have worked with Reshma trying to help her find a spot where she can put her operation. COMMISSIONER LoCASTRO: But she's not really enticed financially because she has a pretty good setup. MR. GIBLIN: What's enticing her right now, she's basically outgrown the facility. She needs more than the facility itself can even offer her anymore. So she is motivated. It's just difficult to find -- COMMISSIONER LoCASTRO: But she doesn't have a timeline. Like you said, it's sort of a loose, hey -- and, you know, I mean, you could make the case and say, would you want to have a June 11, 2024 Page 128 dozen businesses in there operating in perpetuity at $2,000 a month? No. Because my position would be if after a year, they were all forced to leave and some of those businesses didn't survive and it's like, well, if you need this sort of nearly free space provided by the county to keep your business profitable, then maybe you really have a hobby; you don't have a business. You haven't grown it to the extent like the cake lady did where she can go to a brick and mortar. And if everybody was graduated after a year or two and there was -- there weren't enough new businesses to come in to replace, then maybe the program's sort of outgrown its shelf life. I'm just talking out loud. I'm not saying that's my position. But, you know, 300,000 to keep a high-end kitchen available for, you know, a handful of folks is something that I think we definitely want to talk about. Lastly -- and this came in my pre-brief yesterday. So the money we get from the Indian tribe, right, that's not a guarantee every year, right? And we're waiting -- we don't know yet if we're going to get it for this next, whatever it is, fiscal year, correct? MR. GIBLIN: Correct. The compact was just renegotiated by the Governor and the tribe. COMMISSIONER LoCASTRO: So we're waiting to say. MR. GIBLIN: Yeah. COMMISSIONER LoCASTRO: So one of the questions you have for us is, if we didn't get that money -- and maybe you don't need that answer today -- what would our position be as commissioners? Hey, keep it going but take 300,000 out of the General Fund or, hey, sell it off and, you know, the state program, the Indian tribe program has ended, right? I mean, we're at that sort of -- that's a decision point as well, right? MR. GIBLIN: Yes, sir. June 11, 2024 Page 129 COMMISSIONER LoCASTRO: Okay. CHAIRMAN HALL: Commissioner McDaniel. COMMISSIONER McDANIEL: I think I saw some documentation in the backup, the depreciated value of the assets. MR. GIBLIN: 219 -- $219,807. COMMISSIONER McDANIEL: Okay. I'm going to make -- I'm going to make a suggestion here that we -- if it meets with the Board's approval, of course, but that we go out for an ITN, put this -- put this piece of this asset that the county has up for bid, sell those assets. I'd like to know -- I know what our depreciated value is, but I'd like to know what the market value is as well before the actual ITN goes out, because I don't want to just dump it for the depreciated value if there is room there for it. And within the ITN, I would like to have -- because there are 13 users that are there now, and I'd like to have some kind of a -- if a new operator that would like to utilize the facility -- I would like to have some kind of an accommodation for what to do with the businesses that are current members that are there now so that we're not just throwing people out. Now, if somebody comes and wants to buy it and they don't have any intention of running it as an accelerator anymore, then that's a decision that we'll make once we actually go through this ITN process. But I'm -- if it is the decision of the Board to continue to operate this as an accelerator, we have to -- we have to establish some definite parameters on how long folks can stay, so ons and so forth. This isn't -- this isn't a place to come run your business forever. It was -- I -- you saw my ugly mug on that ribbon cutting there, and -- CHAIRMAN HALL: I saw it. COMMISSIONER McDANIEL: Yeah. And I mean, this -- the advent of this project came in advance of my tenure as June 11, 2024 Page 130 commissioner, but I've watched it go through. And we lost some time with the debacle with -- I call it a debacle with the issues with the EII and so on and so forth, and we certainly don't want to travel down that path. But my -- if you're looking for a motion, Mr. Chair, I'll make a motion that we go forward on that ITN. CHAIRMAN HALL: Commissioner Saunders. COMMISSIONER SAUNDERS: I agree with just about everything you said. I'm a little concerned -- COMMISSIONER McDANIEL: Except my ugly mug thing. COMMISSIONER SAUNDERS: No, that I certainly agreed with. I was going to second that part of it. I think we've got 13 users in there, and I think we ought to put them on notice that this facility is going to close, because it sounds like that's -- you're going to do an ITN. We don't know what we're going to get from that. But I think we need to let the 13 tenants know that -- pick a date, July 31, 2025, Collier County is no longer funding anything there, the facility theoretically could close, so that they can start -- they'll have a year to make some other arrangements to go somewhere else, or they can flip a coin and run the risk of staying and hoping that somebody else comes in and takes it over, but I think it's probably time for us to get out of that -- out of that business. So if that's a motion, if we can kind of add a little bit to it to put some notice in there, that sort of thing, I would support that. COMMISSIONER McDANIEL: I'm okay with making the motion for the ITN. I'd rather not, today, pick a date certain that it's going to close. I think it's the will of the Board -- at least if I'm hearing what I'm hearing, it's the will of the Board for us to not be in this business any longer. I would rather we explore the opportunity for the disposition of the assets, the release of the facility, ask in that ITN for a new operator's consideration for the existing people that we have. June 11, 2024 Page 131 Then -- and then we can make a -- we could pick a time-certain as to when we're going to be out of there. COMMISSIONER SAUNDERS: And the only reason I suggested giving a date now and giving it a fairly long lead, that was we'll spend the next three or four or five months developing the ITN, getting responses, and then evaluating it. And we don't know what the outcome of that's going to be. But at that point in time, if we don't get something that's satisfactory, then we're going to be faced with the same question: Do we close this? And how much notice do we give them? COMMISSIONER McDANIEL: Sure. COMMISSIONER SAUNDERS: And I was just thinking in terms of, if I was a businessperson in there -- COMMISSIONER McDANIEL: You know, I'm not -- if I heard June '25 out of you -- COMMISSIONER SAUNDERS: July 31, 2025. COMMISSIONER McDANIEL: July 31, 2025, as the date certain we're going to close it, then I can make that as part of my motion, if that's -- COMMISSIONER SAUNDERS: If the Board is of the opinion that -- COMMISSIONER McDANIEL: I'm not opposed to that. Candidly, I think that's a minute premature until we get an actual look at the ITNs, because based on our -- Jamie's moving up to the mic now. But based on my conversations yesterday, I think this ITN can go out in fairly short order. We can keep the term fairly short as far as the length of time for propositions to come in. So we could be back here in 60, 90 days. Do you think? MR. FRENCH: Yes, sir, thank you. For the record, my name's Jamie French. I'm your Growth Management Department head. June 11, 2024 Page 132 Commissioners, the only thing I might suggest is that we give, perhaps, first right of refusal and offer the ITN -- or at least advertise the ITN for the current applicants that are -- I'm sorry. For the current participants that are there, if there's a level of interest, and to acquire this asset. The other thing is that you're fully funded through the end of this budget year, unless Mr. Finn corrects me. So we've got until September 30 to actually -- we're funded through then. Outside of that, this would be included in next year's budget for your consideration if there was any future funding, but we'd like to get this back to you much sooner than that, go through the ITN process, at least offer -- at least allow the people that are there -- it's going to be advertised anyway, but maybe pay special attention to those folks to let them know that this has gone to ITN. We don't know what the -- we won't know unless -- whoever buys it, what the future for this facility may look like and, of course, whoever would come in would certainly have to qualify with the Board of County Commissioners to be able to take over that lease, because it is on your airport property. COMMISSIONER SAUNDERS: Well, I have no problem with -- drop the subject that I just brought up and just go with your motion. That would be fine. Maybe come back in -- COMMISSIONER McDANIEL: And I'm not interested in a first right of refusal for the existing. MR. FRENCH: My apologies. Just -- COMMISSIONER McDANIEL: It's not a -- and just to correct the statement, you start to put precedent on someone else's ability to make an offer on the facility over someone that's not already currently where -- now -- and that's part of what I -- after we get done with this, I want to make sure that we're advertising this to the world, to as many people as is possible so that -- and, you know, there again, June 11, 2024 Page 133 we can certainly notify all of the current members that we have. And, Commissioner Saunders, do you want me to withdraw the date-certain portion? COMMISSIONER SAUNDERS: Yeah, I think -- COMMISSIONER McDANIEL: I think we're going to get there in short order. COMMISSIONER SAUNDERS: Yeah. COMMISSIONER McDANIEL: And by the end of September, we're going to be able to say we're only going to fund this for another six months or something like that. We can make that decision in September. So my motion will be to go out with an ITN to sell the assets and someone to take over the lease. And within that, I would like -- within the ITN, I would like some sort of statement, if a new operator comes, their intentions to work with the current membership that we have. COMMISSIONER SAUNDERS: I'll second that. CHAIRMAN HALL: So just to clarify, because I'm confused a little bit, are we selling the building, or are we just selling the business of it? COMMISSIONER McDANIEL: No, no. Just the assets of the business. CHAIRMAN HALL: Just the operation. COMMISSIONER McDANIEL: Yeah, not the building itself. COMMISSIONER LoCASTRO: The equipment. CHAIRMAN HALL: Okay. So whoever comes in would lease that back to us at a certain point. COMMISSIONER McDANIEL: That's correct. We own the building already, if I'm not mistaken. MR. GIBLIN: The airport owns the building. We lease it from the airport. June 11, 2024 Page 134 COMMISSIONER McDANIEL: The Airport Authority. We're the Airport Authority. CHAIRMAN HALL: And what happens to the grant money if we terminate this? Do we still get to do anything we want to do with the money, or is it specifically tied to the accelerator? MR. GIBLIN: You've met all the obligations of the grants, so you do not need to worry about any clawback. CHAIRMAN HALL: So if they decided to continue it, then that's free money. COMMISSIONER LoCASTRO: Yeah. CHAIRMAN HALL: Good. COMMISSIONER McDANIEL: It's money that doesn't have to be paid back. It's not free. CHAIRMAN HALL: Well, it's not tied to it. COMMISSIONER McDANIEL: No. CHAIRMAN HALL: It's not limiting, so -- COMMISSIONER LoCASTRO: Wait. I just had a question. CHAIRMAN HALL: -- by not being limited, free to do. So one of us has a sign on their door, if you find yourself in a hole, to quit digging, and I totally concur with that statement when it comes to this incubator. So, Commissioner LoCastro. COMMISSIONER LoCASTRO: Let me ask a question. Cormac, the 300,000 that we currently have in our hands right now from the current funding, that expires when? MR. GIBLIN: Well, it's the county budget, so it would go through 9/30. COMMISSIONER LoCASTRO: Okay. MR. GIBLIN: The 2025 budget would kick in -- pick up on 10/1 should you wish to include it in the 2025 budget. COMMISSIONER LoCASTRO: Okay. But if the Indian tribe June 11, 2024 Page 135 comes to us down the road with another check, and we're in the middle of possibly selling the business or what have you, we have to say no to that money? MR. GIBLIN: Those funds are not limited to only the accelerator activities. COMMISSIONER LoCASTRO: Yeah. And you sort of said that. So I just wanted to clarify that, okay. And then we could brainstorm other things. I got it. MR. GIBLIN: Yes. COMMISSIONER McDANIEL: Yeah. And that -- that compact money has nothing to do with the accelerator. It's just been revenue that our administration's been utilizing to offset the deficit of the operations here. So when the -- it's not "if." When the compact money does come to us, we have the capacity to utilize it in any manner necessary. COMMISSIONER LoCASTRO: It doesn't sound like right now it's best utilized for this, you know. MR. GIBLIN: Well, the original language in the compact was that it's intended to offset the effects of legalized gambling. And the casino is in Immokalee, and so it was, let's use it somewhere in Immokalee to lift up the local economy. COMMISSIONER McDANIEL: And we have been doing that. We set aside a large portion -- you know, if you'll recall, there was a subdivision that was -- the land was donated by Collier Enterprises over on the east side of Immokalee. They spent a million dollars to put in a road and water and sewer, and then we did -- I think it's called the Learning Center. MR. GIBLIN: Yes. COMMISSIONER McDANIEL: I think it's called the Learning Center. It's 13, 14 houses, and they brought -- BCB, Boran, Craig, and Barber, were general contractors in that June 11, 2024 Page 136 development, and they brought kids from I-Tech, that were in electrical and engineering and plumbing and carpentry and the whole kit and caboodle, and those kids are actually working on the construction of those homes. MR. GIBLIN: And they're still building them. COMMISSIONER McDANIEL: And we offset the -- we offset the impact fees for those 13 or 14 homes out of that compact money, one -- MR. GIBLIN: Early Learning Coalition. COMMISSIONER McDANIEL: Yeah, a couple of years ago. So we're -- that money that comes from the compact is discretionary money that the county can utilize for virtually anything. I know one of my remembrances is it got put into the Immokalee fire department -- some money got put into the Immokalee fire department. We used it for the offset for the expense on the Immokalee -- or the fire department in Ave Maria several years ago, well before both of you came online. So with that, that's my -- do you need me to repeat it, or you got -- COMMISSIONER LoCASTRO: Yeah. What's your motion again? COMMISSIONER McDANIEL: I can't remember now. I forgot. CHAIRMAN HALL: The motion is to put -- a direct staff to put out an ITN to the world. COMMISSIONER McDANIEL: Yes. And then -- CHAIRMAN HALL: Liquidate the assets of the -- COMMISSIONER McDANIEL: And make sure we have the notice where the publications are going. Make sure we have notice where all those -- where all that advertisement is, in fact, going. MR. GIBLIN: Sure. Just a point of clarification. Is the ITN June 11, 2024 Page 137 to solicit a new operator for a shared commercial kitchen, or the ITN to -- someone just to come in and do whatever they want in the kitchen? COMMISSIONER McDANIEL: It's an offer to -- it's an ITN to sell the assets of the -- excuse me -- of the facility, and that could be an operator, but it's to dispose of those assets and lease the facility back. COMMISSIONER LoCASTRO: I think in fairness to the people that are in there, though, I agree -- maybe we don't set a date today -- making them aware that we're moving in that direction, you know, so that they have as much, you know, lead time as possible, because it's not going -- it's no longer infinite. COMMISSIONER McDANIEL: They're aware. I was on the phone with Reshma's husband this morning on the way to this meeting. So, I mean, I would assume they're aware. CHAIRMAN HALL: So I guess I have a question. With the ITN to liquidate the assets, to find market value based on -- and not the depreciated value, are we also going to include in that ITN to open it up to anyone who wants to come in and operate anything else in that building, or are we going to do that separately? Like, what if somebody wanted to come in and -- COMMISSIONER McDANIEL: I think that would be a bridge we cross after this. This facility is -- have you ever been there before? CHAIRMAN HALL: I have not, no. COMMISSIONER McDANIEL: Okay. So it's set up to be a commercial kitchen with refrigeration and cooking facilities and storage. There's office space. There's meeting space. There's all kinds of space that's in this facility. So let's do the ITN to dispose of the assets and take over the lease of the facility, and then based upon what responses we get for June 11, 2024 Page 138 that, then we can make a determination as to -- if somebody wants to buy the assets and take them to another building, then we'll have that building to be able to lease out to do something with. CHAIRMAN HALL: But if someone wants to come and put an auto parts store in that building, we're going to put that -- address that at a separate time? COMMISSIONER McDANIEL: They're going to pay us for the restaurant equipment in order to do that. They can't put an auto parts store in there without buying the commercial ovens. CHAIRMAN HALL: No. I gotcha. Okay. So the motion is for an ITN to liquidate the assets, and it's been seconded. All in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN HALL: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN HALL: All opposed? (No response.) CHAIRMAN HALL: So moved. MR. GIBLIN: Thank you, Commissioners. Item #11E ACCEPT AN UPDATE ON CURRENT SERVICE AND STAFFING LEVELS AT THE TEN COLLIER COUNTY PUBLIC LIBRARIES. THE PRESENTATION DISCUSSES REALIGNING HOURS OF OPERATION TO OPTIMIZE SERVICE WITH OUR CURRENT STAFFING LEVELS THAT WILL BEST CONTINUE TO SERVE PATRON DEMAND AND MEET EXPECTATIONS. (CATHERINE COWSER, LIBRARY DIRECTOR) (ALL DISTRICTS) - MOTION TO CONTINUE TO JUNE 25, 2024, June 11, 2024 Page 139 MEETING BY COMMISSIONER MCDANIEL; SECONDED BY LOCASTRO – APPROVED MS. PATTERSON: Commissioners, that brings us to Item 11E. This is a recommendation to accept an update on current service and staffing levels at the 10 Collier County public libraries. The presentation discusses realigning of hours of operation to optimize service with our current staffing levels that will be best -- that will best continue to serve patron demand and meet expectations. Ms. Catherine Cowser, your library director, is here to present. MS. COWSER: And we've got it up here. I would like to say good afternoon to the Board. Most of you know me, but I'll introduce myself again. I'm Catherine Cowser, division director of libraries. COMMISSIONER McDANIEL: Stay on the mic. MS. COWSER: Don't walk around, okay. COMMISSIONER McDANIEL: My mother will be chirping at me here in a minute. MS. COWSER: That she can't hear me. Okay. I have just a short presentation for you. So we have Collier County provides clean, safe, and inviting spaces to the public with 10 library locations. Collier County libraries provide approximately 475 public service hours weekly at our three regional libraries, there's five community libraries, and our two neighborhood libraries. The Immokalee branch library's open about 40 hours a week, and our Everglades branch is open 32.5. The library provides multiple services and programs for the public which face pressure to continue as to current quantity and quality offered due to staffing shortages. June 11, 2024 Page 140 This slide just shows our adult programming, some statistics, youth programming, library spaces, circulation, and references that's offered, and our technology services. If you have questions about that later, I can come back to one of those slides. But early literacy and story times have always been a priority at Collier County Public Library, and in Fiscal Year 2023, we held over 1,100 programs for children and teens across our nine locations with an attendance of almost 45,000. Here, this slide just shows an average story time at our headquarters library that attracts a weekly audience -- a biweekly audience. We have two story times every week of over 70 people. Adult programming. In Fiscal Year '23, we held 724 programs with a total attendance of almost 82,000. Our last big event was the eclipse that we had in April 2020 [sic]. Nobody else offered eclipse glasses or eclipse programming, and we had over 587 people at the courtyard at our headquarters location. And the public knows how many unique services we provide and the skills and commitment of staff who do what it takes to provide relevant materials and programs to all ages. What the public doesn't see directly is the background operations of the library. We have a collection, development, and maintenance team that acquires, develops, and manages library collections, both our physical materials and our digital offerings. We purchased and processed over 45,000 physical materials valued at approximately $800,000, and over 24,000 e-books were purchased, valued at approximately 400,000. This group also provides collection and acquisition analysis, and they balance in proportion to actual use and evaluate the cost effectiveness of current and future resources. We also do -- business operations, communications, marketings, and professional development are performed by librarians, June 11, 2024 Page 141 accountants, and managers. The next slide shows some benchmarks about staffing. So the libraries total FTEs have decreased since Fiscal Year '19, and most recently, just between Fiscal Year '24 and '25, we've had another reduction of four FTEs. And you probably all know this, but when I say "FTEs," that's a full-time, and then when I say "positions," the library has lots of part-time positions also. So I'll interchange those, but most of the data kind of gives you a comparison of that. What I need to tell you now is that -- is Collier County overstaffed? Are Collier County libraries overstaffed to begin with? No. This graph shows comparable staffing. This is -- Collier County's staffing level remains below comparable library systems in Florida. Every year, the state library and the department -- Florida Department of State puts out a comparison so that you can see where we are. This is library FTEs per 10,000 residents. Collier is near the lowest of the counties that we compare ourselves to. The next slide just shows details of the distribution of current staff. Just so you can see, you know, similar, you know, that the regional libraries have similar staffing and our neighborhood libraries -- and our neighborhood libraries. But we've averaged more than one resignation per month over the past fiscal year. This shows what our current staffing is. Empty positions range from managers to entry level library specialists. An entry-level position in the library pays close to the lowest of the classifications at an entry-level pay of $17.57. To realign our hours of operation and to optimize our services, we have proposed the following changes to weekly hours: The far left column shows the branch, what district it's in, what our current hours are, what our proposed hours are, and what the change in hours June 11, 2024 Page 142 are for each of those branches. The graph to the right shows, you know, just a small collection. You'll see that Everglades City isn't going to change, and the Immokalee branch library is not going to change, and then you'll just see the weekly hours. Okay. My next slide shows, where do we get the proposed cut in hours? This is because we have an integrated library system that actually shows circulation per hour, and I can pull door count stats per hour, per location, except for Everglades. But what this data shows is that at our regional libraries, when I look at my hourly data, this shows that both Naples Regional, South Regional, have significant drop-offs starting at 5 p.m. So less than 10 percent of our daily footfall occurs after 5 p.m. at these two locations. The next slide shows my branch visit data where I'm considering cutting Saturday hours at the community libraries. We can reduce four hours at three of our community libraries, Estates branch, Golden Gate, and Marco Island. A shift of 10 to 2 makes sense in terms of staffing and visits. The next slide shows the largest proposed cut in hours for our two neighborhood libraries, East Naples and Vanderbilt Beach libraries. This shows a distribution of patron visits each day. We have a planned decrease in 20 hours per week per location. The hours that we plan to stay open at these two branches show between 55 and 60 percent of our footfall that we would still retain or could be pushed to other near regional libraries. I can give you an example just at East Naples. If I take one day at East Naples, I can show that from 9 to 10 I have eight people walk in. From 10 through 2 p.m., I have about 24 people walk in during each of those hours, and then after 3 p.m., I'm down to 10 or 11 people, and that's during season. June 11, 2024 Page 143 With ResourceX and priority-based budgeting, you have asked us to reflect on the minimum staff levels. And with reduced hours, we could propose a savings in this number of staff. So I broke down every library starting with South Regional and the proposed staff that I could get by with if we were going to continue these hours, whether the cut in the hours was permanent or just temporary. I need to increase one staff member at South Regional. East Naples, I could -- I could get down to one FTE there, two part-time people, for the whole week. Marco Island, I could retain five FTEs; we're only cutting four hours a week from them. Headquarters, I have 16 FTEs; Vanderbilt Beach, I could get down to one FTE; Golden Gate, five FTEs; Naples Regional, nine; and Estates branch, four. Immokalee we wouldn't change. Immokalee we have staffed right now with four full-time people, and I'm hoping to bring on one part-time person, because it's hard coverage. Somebody's out on vacation or somebody's out sick, it's hard to be down to two or three people in Immokalee and get somebody out there right away. COMMISSIONER McDANIEL: Silvia's there all the time, so... MS. COWSER: Silvia. Silvia's there all the time, you're right. COMMISSIONER McDANIEL: Don't need any extras. MS. COWSER: What we wanted to show, too, with the data is the minimal impact to service. The maximum impact to all the other locations is less than 5 percent. East Naples and Vanderbilt, of course, would be affected a little bit more, but we think we can recover those impacts to library visits and circulation by -- the regional libraries are real close. So what I wrote down was Vanderbilt is 3.9 miles to Headquarters. It's 7.9 miles to Naples Regional; and East Naples is 5.4 miles away from South Regional and 5.1 miles away from Naples Regional. June 11, 2024 Page 144 And as always, I'd like you to consider we always and have always offered -- people who can't come to the library, we have "mail a book." "Mail a book" offers, through direct mailing through the Friends of the Libraries, they contribute over $10,000 a year to allow us to mail books to people who cannot come into the library. So I'd like you to keep that under consideration that, you know, if we do have a patron at East Naples or Vanderbilt who says, "I can't drive. I can't drive to a regional library," I can mail them a book. And we kind of have a concierge service. They call -- they call up and they phone and say, "This is what I like to read," and we send them out books once or twice a week or maybe once every two weeks. We have 1.2 million titles available on our digital service. So reducing services hours will not impact patron access to the library's digital collection. We have three different platforms available. We see digital collections increasing everywhere, and Collier County is no different. Every year we see an increase to our digital use. We also get bigger bang for the buck on the digital. We have almost 5.6 checkouts at the rate purchased on digital titles. Our physical items are a little bit more; two to three per checkout. Lee County has two times as many e-books per capita, Manatee has seven times as many e-books per capita, and Sarasota, 10 times as many e-books per capita as Collier County. Library partnerships, these are some of our great partners, and we've participated in events with these partners over last year in 44 different outreach events with over 50,000 attendees. I just have three more points to finish up. We'll continue to use data and analytics to guide us in responsible allocation of resources and spending. We recommend the decrease in service hours, which are 17 percent, 80 hours a week, for a minimal impact to services, and we'll return to the Board this June 11, 2024 Page 145 fall to course correct based on patrons' comments and concerns. And at this time, I really would like to publicly thank our dedicated library staff, our library advisory board, Friends of the Library, and our Public Services Department and staff and administrators who've supported our patrons and the library and helped us exceed expectations. That's all I have. Any questions? COMMISSIONER LoCASTRO: Of course. CHAIRMAN HALL: Commissioner LoCastro. COMMISSIONER LoCASTRO: Ma'am, can you go back to the slide that showed all the libraries, what districts they were in, and how the hours were changed? It's a little bit further -- it wasn't the FTE thing. It was the hours. MS. COWSER: Right here. COMMISSIONER LoCASTRO: Yeah, that one. MS. COWSER: This shows the current hours, proposed hours, and the change. COMMISSIONER LoCASTRO: Here's a couple of just observations, not -- not totally directive, but maybe to just take a look at something. I can only speak for my district, because I think I know the load, although you gave a good reminder. You know, when people think the libraries are packed, and eight people walk through the door in three hours, you know, that's not great. But what I didn't like on this slide from my district is I didn't like that the East Naples library, which is, we know, one of the bigger ones, biggest one in my district, is now closed on Saturday. And I think Saturday, unless you show me some stats showing that is not a busy day, I think it's -- you know, it doesn't -- I'm not saying there's a thousand people there, but that jumped out at me as the biggest change. The 10 a.m. to 2 p.m., you already proved to me that that's June 11, 2024 Page 146 where the spike is, but closing fully on Saturday, don't love it, you know, especially when Marco Island and South Regional will still have Saturday hours. I just know the clientele around East Naples. They get a lot of walk-in. You know, the Arlington's right across the street. There's a lot of people that live in Lely that use the East Naples. So knowing that, you know -- that have no option on Saturday was just, you know, one observation. The second thing -- and I mentioned this when I met with Ms. Patterson yesterday and we were talking about libraries. I wasn't a commissioner then, but during the height of COVID when I was campaigning and you-all went to the drive-through-only option, I can't tell you how many citizens said to me how awesome that was and said, wow, I really hope when COVID's all over that the library has some sort of, you know, unique -- keeps a unique program like that, because I really just want to drop off the book and not get out of the car, or I want to call ahead and get a certain book and have somebody run it out to my car, or however you were doing it. It was very popular, at least, you know, in my district with people who could drive but maybe were a little less ambulatory or, you know, just wanted to get the book very quickly and not make a federal -- you know, a two-hour, you know, visit with it. MS. COWSER: We still have people who do that. COMMISSIONER LoCASTRO: Yeah. So we still -- MS. COWSER: They'll call us up and say, "I don't want to get out of my car. I can't get out of my car," and we -- we take their holds -- they usually request a hold, and we'll take them out to the car. COMMISSIONER LoCASTRO: So I'm just throwing this out there. If you're going to close my East Naples library on Saturday, could it still have one person there from a short amount of hours to June 11, 2024 Page 147 only offer drive-through or something so that the door isn't locked. There's no way to get in there. It just seemed like that was a big leap, and I think Saturday is not an unbusy day. It may not be a thousand customers, but I just throw that out there, and -- MS. COWSER: No. And we could switch it. Right now I had it switched Monday through Friday just to support more staff on Saturday, because what I'd like to do, Commissioner LoCastro, is Saturday is so popular for kids, that I really need to have a lot of staff available on Saturdays at my regional libraries, because this Saturday I probably had 60 children and their parents every single hour in our Headquarters library. COMMISSIONER LoCASTRO: But in East Naples, you don't see that -- MS. COWSER: We do not -- yeah, we do not see that, you know. But I could -- I could also open Tuesday and keep Tuesday through Saturday hours at East Naples 10 to 2. COMMISSIONER LoCASTRO: I mean, you would know more than me as far as, like, the clientele. I'm not here trying to, like, jimmie this whole slide with the minimal information that I have, but I don't have zero information. And just seeing it totally closed on a weekend, you know, on a Saturday, especially when it was open from 9 to 5 on Saturday and now it's zero hours -- so maybe I'll just -- MS. COWSER: Commissioner. COMMISSIONER LoCASTRO: -- let that simmer. And the last thing I would say is regardless of what gets decided here, how this might tweak, please aggressively advertise when this is advertised -- and, of course, there will be a huge uproar among the hand -- you know, the medium-sized group of people that go to the libraries seven days a week. But you mentioned some great programs, the online, you do the June 11, 2024 Page 148 drive-through. If all that stuff isn't advertised together, it just looks like alls we did was close the libraries and reduced the hours and we didn't remind people that there's programs that maybe they've never used because they've had all the hours at their disposal to visit. But now, you know, to readvertise to these folks a program that you maybe have never used could still get you the book via online, mailing, drive-through, you know, that sort of thing, so... MS. COWSER: Absolutely. My marketing and communications group, we've already bullet pointed 20 different points of what to market and advertise, you know, in extended service, because, as Commissioner McDaniel says, you know, it's like -- it's easy to point out what hasn't gone right -- you know, what hasn't gone right, but look at all the wonderful and great things we've done and we'll continue to do. COMMISSIONER LoCASTRO: But from my district, take a look at East Naples -- MS. COWSER: Okay. COMMISSIONER LoCASTRO: -- and if you think there's a day of the week -- you know, like you said, if the tradeoff is, you know, Tuesday's usually the slowest day, we're going to stay open from 10 a.m. to 2 p.m. on Tuesday and see four customers, but we're going to close all day Saturday, and we would have maybe seen more -- you know, there's still a lot of families and children that live in that part of East Naples. It's not all retirement communities. So that's the only thing that just jumped out at me from my district. MS. COWSER: Agreed. I could look at the days, and we could say we agree to open five days a week, and we'll look at the data and see what is the least visited day. MS. PATTERSON: Commissioner, I just want to make sure that you're -- the libraries we're talking about, so there's South Regional, which I believe is the one you're talking about over by the June 11, 2024 Page 149 Arlington and the EOC. COMMISSIONER LoCASTRO: Right. MS. PATTERSON: That's the big library with all the big -- that's not one we're proposing to close. COMMISSIONER LoCASTRO: It's the one -- MS. PATTERSON: East Naples Library is the -- COMMISSIONER LoCASTRO: Is that that tiny one? MS. PATTERSON: The tiny library out on the golf -- out by Saint Andrews, so just -- COMMISSIONER LoCASTRO: I still hate that it's closed on Saturday. MS. PATTERSON: Understood. But I just wanted to make sure that people don't misunderstand. We're not proposing to close South Regional. Absolutely not. COMMISSIONER LoCASTRO: Okay. I gotcha. CHAIRMAN HALL: Commissioner McDaniel. COMMISSIONER McDANIEL: Yes. A couple of -- I got two questions and a comment. My first question is, your last slide you talked about a minus eight FTEs based upon your -- based upon your analysis with the cutting of the hours and so on and so forth, and that's in conjunction with consultation with ResourceX, which is good. MS. COWSER: Yes. COMMISSIONER McDANIEL: Thank you. My question is, at the beginning, the first slide, I saw positions by each one of these services that the library offers that are -- there was 50 or 60 positions that aren't filled. MS. COWSER: You're absolutely right. We have 24 positions, and I had a resignation yesterday and another one this morning while I was sitting here. It's just in the current economic climate when I'm hiring positions that have an entry level of 17.57. June 11, 2024 Page 150 The last external positions I filled were last summer, and out of the six positions filled, I only have two of those employees still. I just hired on 1.5 FTEs, and one girl who's worked here for three weeks has given me a resignation today. COMMISSIONER McDANIEL: So this minus eight is not really going to be a reduction because you're already shy 20 -- MS. COWSER: I'm already shy 25 positions, but we would not have to re-hire 18 of those. COMMISSIONER McDANIEL: Gotcha. In the event that we were going to make an effort to hire those -- MS. COWSER: Yes, yes, yes. COMMISSIONER McDANIEL: -- then you would not have to reach out to fill eight, per this analysis. MS. COWSER: Correct, correct. If -- COMMISSIONER McDANIEL: Okay. MS. COOK: -- we continue that reduction of hours. COMMISSIONER McDANIEL: Now, my next statement is -- and this is just a thought to bring up and have a discussion -- it's difficult for me, with this limited amount of information, to see -- you talk about hours of operation, but there's not -- I didn't see people counts here. You mentioned in one -- at one of the slides that there were eight people coming through between 9 and 11 in the morning, or something along those lines, but these -- this is your staffing thing. MS. COWSER: Oh, that's my staffing. Okay. So this is a distribution. COMMISSIONER McDANIEL: And stop for a second, if you would. Forgive me, because Terri gets mad when I talk when you talk. She gets mad all the time. This slide doesn't tell me anything other than there's a percentage change between these hours, but a percentage of what? Is this -- and so one of my suggestions here today is that before we June 11, 2024 Page 151 make any decisions without enough information, enough data for us to be able to assist with the decision, that we actually see people counts here as opposed to percentages of patron visits. MS. COWSER: Yes. So I do have -- I do have that data, and what that data looks like is the neighborhood library, same as this. This is our daily distribution. So our software allows us to take out an hourly rate, and this is what it shows you. So we're taking this hourly rate. And we're open Monday through Saturday, and this gives you the distribution of people who walk through the door. COMMISSIONER McDANIEL: I understand, Catherine. MS. COWSER: Yeah. Do you want the raw data? CHAIRMAN HALL: We want numbers and not percentages. MS. COWSER: Okay. All right. COMMISSIONER McDANIEL: Yes. This doesn't mean -- I mean, you should -- and forgive me. I'm not your enemy here, by any stretch. MS. COWSER: No, no, no. COMMISSIONER McDANIEL: It's just this computes really well for you, but this doesn't compute for me at all. This percentage of patronage doesn't mean anything to me. You've got a counter at every one of your doors where people come and go, but I don't know this percentage that you're talking about here, what this correlates to with population of Collier County residents that use any one of our libraries. And so I'd like to suggest that we -- if it's not an emergency to make this decision today, that we continue this item until our next board meeting, have a brief report, not that this isn't already, but with data that computes so that I can see as to where the suggested changes are and what the impacts for the community and the patronage that we're actually going to -- we're actually having is done. June 11, 2024 Page 152 MS. COWSER: Okay. Yeah. And I have those store counts in front of me. I just don't have a slide. But we approximately have about 850,000 people walk through the library a day [sic]. East Naples is about 3 percent total of those numbers, so let me give you an idea to date. COMMISSIONER McDANIEL: And we don't -- we don't have to belabor that right now -- MS. COWSER: You don't want to, okay. COMMISSIONER McDANIEL: -- because you have that data, we don't have that data, and you lost me when you were showing this, because I'm sitting -- and when I say "you lost me," you didn't lose me. MS. COWSER: You want those fine numbers. COMMISSIONER McDANIEL: Yes. MS. COWSER: You want that fine-tuned. COMMISSIONER McDANIEL: Yes. MS. COWSER: Okay. COMMISSIONER McDANIEL: Because you have more information there that makes this make a whole bunch of sense. MS. COWSER: I've got it. I've got it. I'll present it. COMMISSIONER McDANIEL: Yeah, see, I don't have that. And so in order for me, personally, to make a legible decision with regard to the impacts of the hours of operation, closure of the East Naples branch, so on and so forth, I have to see -- I would like to see the patronage, number-wise, not a percentage of daily visits or anything. MS. COWSER: Okay. Perfect. CHAIRMAN HALL: And in addition -- in addition to the actual numbers of people that walk in each location, I would like to know the cost. MS. COWSER: Oh, I have that for you, too. June 11, 2024 Page 153 CHAIRMAN HALL: And -- yeah, but we don't have it in front of us. COMMISSIONER McDANIEL: Per library. MS. COWSER: All right. CHAIRMAN HALL: So. Yes, per library so that I can -- MS. COWSER: That's good. Now I know what -- yes. CHAIRMAN HALL: Right. That way when we have that kind of data, we can make -- we can determine whether it's smart to reduce hours or whether we ought to, you know, seriously consider doing something else. So if you could get that information to us. MS. COWSER: All right. Yes, and I do have that. Okay. CHAIRMAN HALL: And you did good. COMMISSIONER McDANIEL: Yes, by the way. I mean, I hope you didn't take offense to what I was doing. I just -- MS. COWSER: Commissioner McDaniel, no, no. COMMISSIONER McDANIEL: Okay. Good. MS. COWSER: Not at all. COMMISSIONER McDANIEL: Sometimes I come across as being aggressive, and I didn't mean to. I just -- this data wasn't sufficient for me to be able to -- MS. COWSER: No problem. It's a start to the presentation, and now I know what I need to come back with. And I do have all the data, so it's just presenting it. It won't take me long. COMMISSIONER McDANIEL: Outstanding. I'll make a motion to continue to the next meeting. CHAIRMAN HALL: Commissioner LoCastro. COMMISSIONER LoCASTRO: Yeah. What I would add is this is a next-meeting presentation, not, you know, in two months. But I would also like to see the marketing piece. Like you said, we have marketing folks. We're not -- this isn't building the Empire State Building here. June 11, 2024 Page 154 The county is always guilty of making some sort of change like this to our marinas or our parks, and then we all get 100 e-mails from people going, "Oh, my God, I went to the park, and this was closed" or -- and then, you know, the answer is, "Oh, well, we put it on our website," and, you know, my impression was we were going to blast it out a little bit more. And all of us have newsletters that go to our constituents. I'd love that after -- in two weeks when we hear from you, to be able to not only digest all of this -- and put it in my newsletter and the reasons why so it doesn't sound like, you know, five angry commissioners just closed a bunch of libraries, but it has the reasons why and the metrics, but then it also has the other programs that maybe the average library visitor has never used before but we could -- we could help advertise those, as you should also be doing, you know, in ways more than just, you know -- I would expect to walk into one of our libraries after all this is settled and see a big giant poster board on an easel that says "changes to hours and reminders of programs." I mean, we really have to blast out the marketing so it doesn't look like we just slashed and dashed. This is the same thing that we got thrown under the bus for improperly about Conservation Collier when people just heard what they wanted to hear and didn't -- didn't absorb the whole program, and we don't want to screw this one up. Yeah, we're going to make some changes. It's off season, and, you know, there's some population numbers that don't support the library just being open to be open, but then I really think the missing piece here is you have a lot of really cool programs that probably not a lot of people use because they don't need to, but to advertise now that they have those at their disposal and can still get, you know, the books that they want and the services they want just through a means that they maybe weren't familiar with. June 11, 2024 Page 155 MS. COWSER: Yeah, I agree. You know, when you tell people why you do something or why you made the decision, they go, "Okay, that's reasonable." I mean, none of us are being unreasonable, and we don't want to be. We want to provide exceptional services. I agree. COMMISSIONER McDANIEL: And by continuing this, it's coming to light. People that are going to be impacted by it are going to be communicating with us, and we'll be able to add that into the mix when we come back in a couple of weeks. MS. COWSER: Absolutely. Absolutely. CHAIRMAN HALL: We actually have someone wanting to chirp in. MR. MILLER: We have one registered speaker for this item, Dr. Dmitriy Shoutov. COMMISSIONER McDANIEL: Dmitriy. CHAIRMAN HALL: Thank you. DR. SHOUTOV: Hi. Good afternoon, distinguished commissioners and county fellows. Dmitriy Shoutov. I'm CEO/president, non-for-profit Tech For Life. Thank you very much for the opportunity to address the meeting today. And it's a little bit uncomfortable -- I feel uncomfortable talking after you already discussed very many items on this agenda, but I try my best. Okay. The library director, Ms. Cowser notes, it's very important and very, very informative. On one hand -- and also it outlines some problems, the note. On the one hand, the library services, as is stated, place pressure to quantity -- quantity and quality due to staffing shortage. On another hand, the note calls for further reduction of services hours and even possible closure of the branch. The branch closing written on the note relates to some kind of June 11, 2024 Page 156 duplication not quite logical to me why closing the branch where we can just address the problem of duplicating. The note also points out the Sarasota libraries have better statistics. In February, we visited Sarasota Gulf Gate Library, one of the best in the country, an exemplary, exemplary library that shows how the library can be transformed itself from just book depository into the center of exchange of information on a wild -- on a wide-range spectrum. There are remarkable high-voltage programs like Socrates Ideas Club, Entrepreneurs Club, film Cinematography show with real film showing every week, and then even jazz club. Two programs are running -- it's advisory group for kids, parents, and adults English group, too. Today I'm very glad to say that our non-profit Tech for Life and Collier County library close -- close to conclude -- concluding an understanding -- memorandum of understanding for cost-sharing for space-sharing in Naples Regional Library. Our project will be aiming -- publishing and put -- digitizing book written and illustrated by kids -- kid -- children, students, and adults. This is -- this is kind of an innovative program. Already many have -- we have many followers. Thank you very much, Mr. Rodriguez, counsels, commissioners, and Ms. Cowser, for flexibility and thoughtful guidance. Thank you. CHAIRMAN HALL: Thank you. COMMISSIONER McDANIEL: And, Dmitriy, did you hear, we're not making a decision today. We're going to have this come back in two weeks. DR. SHOUTOV: So -- COMMISSIONER McDANIEL: You don't have to. You can just share your thoughts. DR. SHOUTOV: Thank you. CHAIRMAN HALL: So we have a motion to postpone. Do June 11, 2024 Page 157 we have a second? COMMISSIONER McDANIEL: Not yet. COMMISSIONER LoCASTRO: Second. CHAIRMAN HALL: All right. All in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN HALL: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN HALL: So moved. Item #11F ACCEPT THE REPORT CARD AND UPDATE ON PARKS & RECREATION AQUATIC FACILITIES AND PROJECTS. (JOHN MCCORMICK, FACILITIES DIRECTOR) (ALL DISTRICTS) MOTION TO ACCEPT WITH DIRECTION GIVEN TO STAFF BY COMMISSIONER SAUNDERS; SECONDED BY COMMISSIONER MCDANIEL – APPROVED MS. PATTERSON: Commissioners, that brings us to Item 11F. This is a recommendation to accept the report card and update on Parks and Recreation aquatic facilities and projects. Mr. John McCormick, your director of Facilities Management, is here to present. MR. McCORMICK: Thank you, Ms. Patterson. Chair and Board, good afternoon. For the record, John McCormick, Facilities director. Real quick, a little background on myself. I'm still fairly new. I'm a professional engineer in Florida and Ohio, mechanical engineer by trade. I have a master's degree from Ohio State. I've been in this business of facility management, construction, consulting engineering June 11, 2024 Page 158 for 35 years, and very similar to my position now here at the county. I've been with the county eight years. I started at GMD for three, moved to Facilities for the last five, and the two of which have been as your director. I appreciate the opportunity to present this grade card and update the capital aquatics program, but it's not going to be a -- it's not going to be a good-news story. We've got some problems that we are focused on fixing, and I've been getting a lot of questions myself, as I'm sure you have as well. But I hope this presentation will answer some of them. Real quick summary. Parks and rec aquatics facilities, of course, we've got six major ones. The oldest, back in the 1980s. Sun-N-Fun was completed in 2006; Eagle Lakes, 2018; and the newest one is the Big Corkscrew. It was just completed last year. Our report card, generally, is Big Corkscrew has an A. It goes to B, C -- two Cs, a D, and an F. And, of course, F is the Sun-N-Fun, which is our major problem. Wading pool is still functional, but we have to discuss about that. We have made renovations and improvements, but the aquatic facilities, particularly at Sun-N-Fun, require significant additional attention. We feel this is due to a short-term focus, rather than more comprehensive, and inadequate attention and resources dedicated to a preventative maintenance program and the lack of strategic long-term capital renewal. To bring this in greater focus, the County Manager elevated parks aquatics to a strategic priority project during this year's strategic plan update. In addition, Facilities Management was asked to take over the renewal and replacement program from Parks. This change does provide for a dedicated project manager, shared project management resources, along with a program-level oversight and make sure the aquatics program is prioritized. Quite June 11, 2024 Page 159 frankly, that fits in our wheelhouse anyway, so it's really a good fit. In addition to this, we've started a parallel move where staff has initiated a procurement action to explore the option of privatizing the operations of our aquatics, also long-term maintenance management of all our facilities. I'll talk on that a little more coming up. Okay. Briefly, here's a map showing the geographic locations of our parks. I've included the Vineyards splash pad. Not much there, but -- as you can see, and we've labeled them green, yellow, and red. I guess, you know, A and B are green. The Cs are Immokalee, Vineyards, and Golden Gate. Golden Gate fluctuates between a D and a C, quite frankly, and unfortunately, Sun-N-Fun is a solid F. We tried to consolidate this into more of a matrix form as a quick oversight to see the tasks we have ahead of us and where we feel each park is at today. Big Corkscrew, again, all green, of course. It's brand new. Eagle Lakes, about the same. We have a water slide, one half of it, but that's going to be repaired by July. The Immokalee pool, some problems, but a wading pool, again, will be up and running by June, end of this month. Vineyards, operational. Golden Gate, same, except the water slide is down. We've also had some issues there with our -- with our geothermal, which we're addressing as we speak. And, of course, then, Sun-N-Fun. The only thing truly operational today is the wading pool. Everything else is down. And we've tried our best to get them up and running. We know it's summer, 95 degrees outside. Kids are out of school. We just couldn't get there. We try to do a lot ourselves through maintenance and, quite frankly, we pushed the envelope a little bit without pulling permits, doing all we can under a maintenance umbrella rather than going the June 11, 2024 Page 160 route -- since it's commercial work, getting a consultant and permits and following the procurement process. But that's where we hit the wall, and that's where we're at -- why the rest of this is going to have to be November, which obviously is way past our prime swimming time. As you can see, we've got two stragglers there. The water slides and then interactive water features that -- we're in the middle of engineering design. And we can try to push them for maybe a July, more likely August, completion, before we can start looking at getting any execution work done through procurement. We took a couple aerials to give you an idea. The good news is we've got a lot of great properties here. Of course, this, the Corkscrew, brand new and, again, Grade A. We list -- I'll buzz through these because we can come back to them if you have specific questions. But kind of what we're doing there and the current status. Eagle Lakes, same thing there. I mean, it looks great from the air, you know, and this one here is still in pretty good shape. You can see the blue and yellow slides, and the one slide there, yellow, is down now, but we'll get that repaired. Again, Grade B. Immokalee Sports Complex, you see the two pools there. We'll get the wade pool up and running. There's a future project planned there. We've got fenced-in money to replace these pools, to consolidate into one pool. It probably won't happen until the summer of -- well, we're going to work around the summer. Get through the summer of '26, we think, and build a new pool. About three-plus million dollars. Vineyards splash pad, again, very little maintenance, and it's basically functional. Golden Gate, again, another really nice facility. We've had some issues with the slide. Right now it's shut down. And we've had some on-and-off issues with the pump house, with the June 11, 2024 Page 161 geothermal units again. That's kind of a constant theme on all of our pools, which we're going to address. But, again, I think it's something we can -- we can certainly deal with. Sun-N-Fun Lagoon -- actually, I like the next picture better. It kind of labels all the specialties throughout and what we're dealing with. You can see the wading pool clear on the southwest corner is still operational. I thought we had labeled pump house -- yeah, Pump House 1. There we go. Pump House 1, the lower left. That's really the nerve center for all these pools. All the pumps go there. All the filter pumps are housed there, and basically that's the issue we have, electrically and mechanically. And then right behind that building are all the geothermal, 24 of them, and quite frankly, they're all hanging on. Most are not operating correctly. We think we have -- in addition to mechanical issues, I think we have well issues with them as well. But, again, we're going to take time to sift through all that. The slides, you can see. I know it's been a major headache not having that slide. We've done some preliminary work, temporary work. We've cleaned the inside of the slide itself. We've -- the sump was leaking, couldn't hold water. We couldn't figure it out. So we fixed that temporarily, so it holds water now. But we have significant issues, and the biggest problem we have is the structural integrity of the platform and the stairway. We're having a mechanical engineer look at it, and he's putting together a proposal. We're almost there. But it's probably in the neighborhood of a $800,000 ticket to fix. A lot of the connections are bad, rusted through, and these are structural bolts. You can't go buy these down at Walmart. And, quite frankly, it's just not safe, and I don't feel like we could just paint over them and continue using it. Guardrails are June 11, 2024 Page 162 loose, things like that, but it's -- COMMISSIONER McDANIEL: You can get those structural bolts in Immokalee. MR. McCORMICK: Okay. I'll remember that. So, anyway, we're really waiting on the engineer's plan. We hope to have that here maybe July or so, but I still need the pumps. You know, we've got -- we've got pumps -- two types of pumps: One to circulate the water, and the other is to filter it, and they all go back to Pump House No. 1. We've been able to, through maintenance of ourselves, and with the help of our Utilities friends, Dr. George, we've rebuilt the pumps in Pump House 3. We've -- and these are 15-year-old pumps. You know, they're not supposed to last this long. But we -- in order to keep things moving, trying to get this thing up and running, we pulled the impellers, and we've rebuilt some VFDs, things like that. But through the process of all this -- and we see that throughout all the pools. You know, every design was a little different, and we've got 12 different sizes of pumps, and there's no, you know, common, you know, pump size, things like that. So we took some time to really generate a good scope where we tried to consolidate common sizes, bump up all the horsepowers, because we were just meeting minimum flows for the Health Department with the existing horsepowers we had. We're moving up -- these are, like, 60 horsepower pumps. Off the shelf, they're probably $25,000 each. So we're working on that, trying to get that -- all those replaced, and -- and I think it's -- like I said, we've got a couple months of engineering, and then it will be November before we get those things running. We're talking wiring had to be -- had to be cleaned out. It was all corroded wiring, VFDs. The whole ventilation system in the June 11, 2024 Page 163 pump house was not working, and that created a lot of extra corrosion, so we're basically rebuilding the guts of that Pump House No. 1. Again, these are all individual grades for all the components. As you can see, they're all Fs. And I'll head to the summary page. The projects currently underway to maximum safety, reliability, and redundancy of current facilities, which includes restoring SNF operations, Sun-N-Fun. We've got pumps, VFD, electrical, mechanical, geothermal heating and cooling systems. Future major projects are, again, replace those slides both at Golden Gate and at Sun-N-Fun. Stairs, water features, all primarily Sun-N-Fun. Immokalee aquatics, a new pool there. Golden Gate aquatics, we've got the engineering done on a new pump house and a new slide, and we've got money fenced off from the revenue bonds to do that. The lazy river and interactive feature, the lazy river -- and we've talked to a couple consultants -- they're typically money pits. And we think in November we can get it running again but not fully. So we have to run it at a lower level because the top coping leaks, and there are -- and, of course, that's all curved, you know. So they're talking in the millions to replace that. The complexity of the lazy river, they have a series of pumps. Some of them create, like, a rapids effect. Some are more just an easy floating, and none of them were working right. So that goes into the overall repair of that structure. Again, we've got some -- about four million, I think, fenced off for that, for Sun-N-Fun, out of the industrial revenue bonds. So what are we going to do different? Some actions. And what we've witnessed is kind of like in our building, our culture's been break/fix, and trying to move that to a preventative maintenance culture is not the easiest. There's a lot of inertia to that. June 11, 2024 Page 164 But we've got to get ahead of that, at least on the curve or hopefully ahead of the curve with preventative maintenance. It's very difficult for me to budget based on this break/fix because I never know what's going to fail, so -- because we don't have our hands and eyes and ears on this equipment. So that's huge for us, to get -- to change that culture. Along with that goes to allocate and prioritize the proper funding to support that. Then I've got what I call a three-legged stool. Procurement action, one, the privatization of the operation of the pools in the county, along with an engineering component, preventative procurement action for maintenance and repair, and also, like, an architectural for all the pools and related features, all the things that people touch and can see. I need more of an architect for that. I need the engineer for the back-of-the-house stuff. And what we've found over the years, for whatever reason, the back of the house was pretty much ignored. People didn't see it, didn't think about it. So that's how we aim to go forward, because I do not want the Corkscrew to end up like a Sun-N-Fun, and if we don't change something, it's going to. I've got a good team on this, and they've been putting a lot of hours into this. And I think we've got a good plan, but there's some -- the realities of both permitting and procurement, the things that we're locked into, you know, we're no different than any other contractor; we've got to pull permits. And there's safety issues to be concerned with. You know, that's paramount for me. You know, I look at the critical path being there's four items that I really push: The structural issues, the pumps, the electric, and the geothermal. The geothermal's taking a bad rap but, quite frankly, I don't -- we have not properly maintained them. They are basically air-conditioners. They're heat pumps. They can both heat and cool water, but they use a well for condenser June 11, 2024 Page 165 water rather than like a cooling tower like I had over here at the chiller plant. All those need maintenance. The wells can plug. But nowhere in there did they ever do what we call an N plus 1 where you can take one of them down without affecting the operation of the pool to do proper maintenance. That could be a well. It could be one of the geothermal units. So one of the things we talked about with our consultant, you know, is to drill extra wells. We can do a lead lag on a well, use this one so many days, this one so many days, so you have a backup. If one well collapses -- we lost a pump down at the bottom of a well just the other day because nobody's looked at this stuff. And -- but the good news is, it's fixable. And this isn't rocket science. You guys know that. I mean, it's kind of common-sense things that you do at your house. And that's the culture we want to bring, and we've got the commitment. And, you know, when I look at this thing, guys, it's embarrassing to me because I know the public relies on these to be open. And, again, I -- and I think it's easily fixed. There's a lot of unforced errors on this thing that we never had to go through, but -- so anyway, that's the quick rundown. I'm sure you guys have some questions. I'll do my best to answer. CHAIRMAN HALL: First of all, John, I'm glad that you're at the helm of this thing, and I've got confidence that you can get it done. I do have questions about the stairs at Sun-N-Fun. Are you talking about tearing the whole thing down and rebuilding, or are you just talking about rewelding where we have structural failure? MR. McCORMICK: Yeah, I'm not tearing it down. It's not all that old, and the repairs we did, we can supplement a little bit. But the slide itself is good. We have to do some more in-depth repair of the sump. We've done some temporary there to keep from leaking. It's a tube structure. It's a latticework. There's some bolted June 11, 2024 Page 166 connections, some welded, and some may need to be reinforced. That's what we're waiting on the engineer to tell us, really, what's the best way to do this, because he knows we're waiting. CHAIRMAN HALL: Are we talking about outsource engineer or in-house engineer? MR. McCORMICK: Outsource. CHAIRMAN HALL: Okay. I think you alluded to it, because my ears kind of tuned in, but is there any -- in the design, is there any methodology to standardize the equipment so that we can move it from one park to the next, you know, and limit our inventory? MR. McCORMICK: Absolutely, amen. That's one of the things we identified early on. You know, I think we had 12 different size of pumps. And like I said, it was kind of like -- it's kind of a specialized industry, you know. When these consultants come in and design a pool, you know, everybody does it, and they really don't overengineer it or give you much play in the operational integrity of the -- you know, they want you to call them, you know. So we're standardizing that, and the way we're doing that is we're upping the horsepower, but we're putting the bigger VFD, which is a variable frequency drive, so it can act as if it's a 30-horsepower. But we've got a lot of play in that. So if one pump goes down, we can replace it with another. We can keep some attic stock of the common pump sizes and -- so we don't have all those extra spare parts. Same thing with the geothermal. You know, there's a lot of things we can do differently. A lot of times they drill -- I don't know much about wells, but I learned a lot over the last few months. They drill usually, like, a 3-inch diameter. And I said, "Well, why don't they drill a 6-inch?" You know, it's not that much -- like, $60,000 more, but it can feed a lot more of these units, and I could have one as a backup, you know. Those kind June 11, 2024 Page 167 of things because, you know, like we're doing at our chiller plant, you need an N plus 1. And if I can get some of these procurement actions to take hold, depending on how much they cost, where they can do every six months -- I mean, these are, essentially, air conditioners. I know at my residence I get my air conditioner serviced twice a year. We ought to do the same for these, but we haven't. Same thing with the pumps. You know, the pump seals, we had -- when I first walked in there, I mean, we had pumps literally vibrating almost off the base, but it was running, it was pumping; only about a third of what it was supposed to, but it was running. So, yeah, I think that's a key component to this. CHAIRMAN HALL: Good. So I love the fact that you recognize that we've had a break-and-fix culture and that we're going to move to a create-and-keep culture. MR. McCORMICK: Yes. CHAIRMAN HALL: And in that -- you know, it's simple to me in my little pea-brain business mind. We have a capital replacement plan, and we have a preventative maintenance plan. And we plan our work, and we work our plan, and we live happily ever after. Obviously, that hasn't been done. We're at there now. That's where we're at. MR. McCORMICK: Right. CHAIRMAN HALL: Permits. Let me know if you have any problem getting your permits. Let me know firsthand. MR. McCORMICK: I will. Truth is, they've been -- I came from there, you know. I'm a code official, and I know how Jamie runs it, and he's been very cooperative. CHAIRMAN HALL: Now, on the geothermal, is that the best -- is that the best option, or is it just the best option for the money? June 11, 2024 Page 168 MR. McCORMICK: I'm not sure it's the best option, per se. I mean, I know it's kind of a standard in Florida because of the high water table and things like that. It's fairly inexpensive to operate. It's less energy. It's more environmentally friendly. And the good thing about geothermal, if you use the groundwater, you can stack these units close. The minute you start air-cooled, you've got to -- you need, like, five-foot clearance to the next unit. CHAIRMAN HALL: Sure. MR. McCORMICK: So if you go back, especially at Sun-N-Fun, you can see they're racked, and they're one after the other, and that does give you that flexibility. But you do have the loose end and the complexity of the well, which I'm not a big fan of. CHAIRMAN HALL: What's -- what's your guess -- and I'm not going to hold your feet to the fire on this. But just a big swag for all the parks, money-wise, to get it back, create it like you want it so that we can keep it running? MR. McCORMICK: From a capital outlay, I'm going to use up all those industrial -- those revenue bonds, and I'm going to need about an additional 10 million. CHAIRMAN HALL: Okay. So I was going to bring this up in commissioner comments, but I'm going to go ahead and bring it up now. I understand that there is a process that we have to go through to use TDT funds to make repairs to Sun-N-Fun, and we have to find that it promotes tourism. And, County Attorney, if you could -- is that correct, I mean, is that what we have to do or -- MR. KLATZKOW: Yes. There's a process where a capital report gets prepared and an analysis, how does it affect TDC, and it's a statutory requirement. CHAIRMAN HALL: What do we have to do to implement that, to get that rolling quickly? June 11, 2024 Page 169 MR. KLATZKOW: Direct staff to go to the TDC on it. CHAIRMAN HALL: Do I need -- do I need a head nod from everybody? COMMISSIONER McDANIEL: You need to call on us to talk before you go doing that rabbit hole. CHAIRMAN HALL: I was just -- okay. I was just -- I was spit-balling. COMMISSIONER McDANIEL: Yeah. Well, cut it out. CHAIRMAN HALL: All right. Commissioner LoCastro. COMMISSIONER LoCASTRO: I don't want to go back into ancient history, but one of the things I always say is, "When the history is poor, you've got to look at it so you don't repeat it." I guess the question I would have for you -- and this is with all due respect, you know. I know you have a deep résumé, and you're here representing a team, a team of people that aren't all brand new. Some have been around. All of these things that are an F, when they were a C, why wasn't anybody standing at this podium talking to these five commissioners? You know, when it was a B minus sliding to a C minus, where were all the briefings and the slides and the scorecards and, you know, all the stuff about geothermal pumps and money that we needed? You know, we were moving money around, throwing it at the sports complex, giving it away to other people and, you know, going from -- you know, I'll use my Air Force term. We just went from Mach 10 when everything was an A to now a dead stop and everybody -- now we need $10 million. MR. McCORMICK: Right. COMMISSIONER LoCASTRO: And so -- I mean, I know that whatever answer you give me doesn't help us today, but we need to hear that answer so that never happens again. And we've been saying this to a lot of departments. Before you get to an F, June 11, 2024 Page 170 somebody come up here to the podium and tell us that we're on a slippery slope, not "everything is broken," and then, you know, hearing that the pools are going to be great in November, you know. MR. McCORMICK: Thanks. COMMISSIONER LoCASTRO: That's -- you know, need I say more? But what did happen? You know, this is honest conversation here. Why weren't, you know, we having this conversation when everything was a C minus? MR. McCORMICK: Yeah. I really can't answer that directly. All I know is that we, in Facilities, were blessed. We've got -- we've got some really good people with some deep résumés, PEs, construction people that we just know that when we see it walking by. And, honestly, I don't think Parks had the resources and the technical ability to recognize the issue. They just knew the pump was running, so they figured it was okay kind of thing. It's much easier. And, literally, you know, I call it putting lipstick on a pig. You know, they can see the rusty handle, or whatever, and they'll paint that. But, you know, when I see that, you know, it's like being in a restaurant, they give me a dirty water glass, the first thing I think of, what's the kitchen look like? You know, and that's what -- COMMISSIONER LoCASTRO: But this is the room where you get the resources, so, you know -- and I know you know that. So I'll end it there. I think Commissioner McDaniel's got a little bit of a meatier question -- question with a little more meat on it. COMMISSIONER McDANIEL: The County Manager wants to address you. She's over there waving at you. MS. PATTERSON: So, Commissioner -- COMMISSIONER LoCASTRO: Talk to me, Amy. MS. PATTERSON: John put it nicely, but the respons -- this June 11, 2024 Page 171 current responsibility now has been transferred back to Facilities where they do have the depth of bench to be able to understand the complicated portions of this. I think what John was saying is correct, is that when we -- when you saw folks in front of you before, which is how money was allocated -- so we have to remember that, is that we aren't saying -- we are standing here, and we have everything broken and no money. What happened is there were -- there were needs identified, but they were the apparent needs, things were -- superficially didn't look good, or we had leaks and cracks in the pools, which, again, you hear me say a lot about stormwater is we don't drive around every day going, "Look how beautiful that stormwater infrastructure is," because you don't see it. And so what John is explaining is that the emphasis was placed on the wrong thing. Rather than thinking about how we were going to run these pools, we spent time thinking about how to make them look really nice for the public, and we had gotten into the habit of Band-Aiding things and just making it work good enough to get us open for the summer and have the pools look really nice. And that is not how this can happen again, and John stated that. We have a brand-new facility at Big Corkscrew Island. We cannot take the same approach with that pool that we've taken with this one and some of the other ones. We have to pay attention to those very temperamental and expensive components that keep the pool running, because it looking beautiful and nobody being able to swim in it is not -- that is not the answer for the public. But John has just reassumed responsibility for this, so for him to be able to answer why the focus was on it looking good versus it actually working is not a question that he can answer, but I can tell you that in a lot of areas we have fallen victim to that, is it looks June 11, 2024 Page 172 really nice on the surface and not digging too far into it, and that's -- we're really trying to shift away from that type of behavior. COMMISSIONER McDANIEL: And on that note, I'm really happy you're here as well, by the way. Commissioner Hall said it. You have the depth and the knowledge and the capacity to distinguish between pretty and glitty and necessity at the same time. So your leadership in regard to us moving forward with this new culture of quality is going to be imperative. And I would like to see an action plan out of you with -- and almost do it in a counterintuitive way. I mean, the best pool we have is Big Corkscrew, and that is because it's the newest. MR. McCORMICK: It's new, right. COMMISSIONER LoCASTRO: It works great. COMMISSIONER McDANIEL: So put your action plan in place to keep that one humming, and then work your way backgrounds to Sun-N-Fun -- MR. McCORMICK: Right. That's our plan. COMMISSIONER McDANIEL: -- number one. MR. McCORMICK: Yep. COMMISSIONER McDANIEL: Number two, if you all will recall, Commissioners, I brought up in January that we needed to look at privatization of our aquatic centers. And so I would like to, today, make -- before we -- at the same time, Commissioner Hall, that we're exploring the expenditure of the TDT funds, I think our new -- our new executive director of the Tourist Development -- the TDC -- Jay. COMMISSIONER LoCASTRO: Jay. COMMISSIONER McDANIEL: Jay, I mean, he's got it going on. He understands what our board's actually looking for. I would like to explore the availability/expenditure of those funds for the upkeep and maintenance and such of our -- of all of our June 11, 2024 Page 173 parks facilities while we're exploring how to do that. I'd like to go out for an ITN on Sun-N-Fun to privatize that facility. I'd like to put it out to the community, to the business community to see, because what I'm hearing -- Commissioner LoCastro asked what I thought was an extremely valid question. How did we get here? Well, we got here because we're not geared for this. We're not geared for these operations. Now, we're better geared with you looking at things as far as maintenance and upkeep and how do we do what we do better, but how do we reach sustainability, long-term economic sustainability going forward? MR. McCORMICK: Understood. COMMISSIONER McDANIEL: So I suggested this quite some time ago. I think it's part of the impetus as to why we're here, but I'd like to suggest that we go out for an intent to negotiate to privatize Sun-N-Fun, use it as our pilot program, and see what kind of responses we get back from the community, what type of -- what type of opportunities that we, in fact, have while -- because until we actually enter into an agreement, it's still our baby. We still have to care for it. We still have to maintain it. We still have to meet these proposed deadlines and so on. We can still do what Commissioner Hall requested with regard to the TDT tax to be able to assist with those repairs and maintenance. But I would really like us to -- you know, and then I would really like us to move away from that type of an operation and privatize that one first. So on -- and my third point, when I was looking at your fix, repair, and replace issues on a pool basis, on an aquatic center basis, the number-one thing that kept popping up was the slides. The slides were the number-one thing. And so maybe from a business decision standpoint, we move away from slides at all, just stop using them, take them out of service. June 11, 2024 Page 174 When they go out of service, when they become in such ill repair, take them out. I mean, that -- rather than -- rather than going and fixing it -- because somebody decided it was a good thing to have a slide there at some stage in the past, rather than going ahead and spending the money and fixing it, repairing it, and keeping it up, take it out. And then my last question is to the County Manager or Deputy County Manager. In our AUIR process or CIE, Capital Improvement Element, process, do we have a delineation of how many pools per capita or distance or population or anything along those lines? Have we -- and then the second question is, have we ever compared ourselves to other municipalities with how many pools other counties have in relationship to their population? Have we ever -- have we ever done that analysis? MS. PATTERSON: Not that I'm aware of. It may have been done as part of the last parks master plan, but the level of service for the AUIR and the CIE is driven by acreage. It is not a facility-driven level of service. We do inventory everything that we have. And to your point, from time to time, especially in the past as trends in recreation changed, we would look at things like tennis courts, racquetball courts, pickleball courts, whether or not pools have been looked at, again, maybe a while ago, but we could certainly do that with -- you know, we have kind of a group of counties that we compare ourselves to. We could easily look at those population municipalities, because that does come into play, and then the number of aquatics facilities that they have. COMMISSIONER McDANIEL: Because, to me -- there again, it's a -- it's a nice thing for a community to have a public swimming pool, but an actual aquatics center with wading pools and slides and all of the other niceties that we have been putting into our facilities June 11, 2024 Page 175 over the years, I think it's a bit extraordinary. I was thinking about, you know, when I was a kid, you know, there was a swimming pool in the whole county. CHAIRMAN HALL: With a high dive. COMMISSIONER McDANIEL: With a high dive, yeah, and a low dive, and so -- COMMISSIONER LoCASTRO: Easy to fix. COMMISSIONER McDANIEL: Yeah, and not a lot of -- not a lot of -- COMMISSIONER LoCASTRO: You get the bolts anywhere. COMMISSIONER McDANIEL: We only ran them in the summertime, of course. But the bottom -- where I'm going with this thought process is that maybe as we're going through this analysis with care, upkeep, maintenance, you know, whether or not -- how we're paying for this care, upkeep, and maintenance. We're also applying some comparisons to what we're doing in relationship to other municipalities and how other municipalities are arriving at the decision of an aquatics center or not. Maybe, you know -- MR. McCORMICK: Sure. COMMISSIONER McDANIEL: Maybe at some stage -- just as we're having discussions about all of our other assets, maybe at some stage we don't need as many. And so my thoughts are for now, Sun-N-Fun's an asset. We've got it there. Enormous amount of expense coming up. So I'd liked for us to -- we have to continue on the path you're on, but I'd like for us to move into an intent-to-negotiate process just to see if there's enough interest in the community or from the business community to line that out. MR. McCORMICK: Understood. COMMISSIONER LoCASTRO: Can I just add one thing? I agree with Commissioner McDaniel. And less complicated, you June 11, 2024 Page 176 know, water features, I mean, sitting there and spending millions on something that is a sucking chest wound. It doesn't mean we can't have a water slide, but maybe it's not something of the capability of what you'd find at, like, Disney World, you know. We're not Disney. And so at some point, swapping it out for a different feature that is easy to maintain and doesn't have so much infrastructure. MR. McCORMICK: Good point. CHAIRMAN HALL: I mean, I personally scream like a girl when I get on the top of the slide. COMMISSIONER LoCASTRO: We heard, yeah. CHAIRMAN HALL: Commissioner Saunders. COMMISSIONER SAUNDERS: Thank you. Don't take this as a criticism, because it is definitely not. I don't know if we have the expertise on our staff to evaluate what we would need in an aquatic center. I mean, we can certainly look at other communities, but -- and how we maintain these and how -- what kind of schedules we have, because you're great at -- our staff is great at building roads and water and sewer plants and things that we do day in and day out, but aquatic centers, obviously, we're lacking there. And I think there's probably a certain expertise needed to really understand how to fix these. We're talking about doing an ITN, then we're going to be looking at staff to figure out what the heck to put into the ITN, and they have to evaluate it. And I think I would make this similar to the radio system. We're looking at doing an entire new radio system, a $60 million system. And as we were discussing that, we all agreed that we really needed a consultant on our side to look at how we can deal with the issues that we have to deal with, and we did that with Motorola and the Harris system. Before we went out to do a bid, we hired someone to help us determine what we really need, and I think that's kind of what we need to do here. MR. McCORMICK: I would agree. June 11, 2024 Page 177 COMMISSIONER SAUNDERS: There are water parks all over Florida. This is something that there's got to be all kinds of consulting firms out there, and we're really into the business in a big way here. We're talking -- I think we're probably talking, 15, $20 million by the time we fix everything that needs to be fixed, if not more, and I'd like to make sure that we do it right, even if it means we have to spend a little bit of money making sure that we have the right consultants. So I'm just throwing that out there. Mr. McCormick, I don't know if -- MR. McCORMICK: No, that's a great idea, because, again, it's a specialty. And you're right, no one here is really formally trained in pools and what's -- and really how to run them and what's anticipated. So I would really welcome that because, quite frankly, yeah, this has been transferred to Facilities, but we'll fail, too, because we've got another mountain of projects that we're doing as well. COMMISSIONER SAUNDERS: You're busy. MR. McCORMICK: We're busy. And we don't have that -- it's not like we're building another building. I got that. This is -- these are pools. And like you said, that's a specialty that we don't have. CHAIRMAN HALL: You can't YouTube it? COMMISSIONER McDANIEL: We have two billion in assets he's keeping up. COMMISSIONER SAUNDERS: We have -- you know, one of the things that we've all emphasized is the importance of our parks system and how that's really one of the services that people really rely on. And when something goes wrong in a park, we hear about it. And so I just want to make sure we do this right. So I'm just throwing that out there, Mr. Chairman. I think it would be a wise June 11, 2024 Page 178 decision for us to ask staff to come back in a couple of weeks with some ideas on how we can hire the right consulting firm to guide us through developing the ITN, evaluating what we have. I think that would be money well spent. COMMISSIONER McDANIEL: Can I make -- I don't want -- you want us to light up or -- CHAIRMAN HALL: No, go ahead. COMMISSIONER McDANIEL: My thought is -- or -- my thought is is engaging the consultant to help us with the best first maintenance plan, upkeep plan, operation plan for what we have, I don't see the need yet to go out for a consultant, because he pretty much knows what it's going to take to make Sun-N-Fun go. He's already got a schedule of what needs to be done. But the engagement of a consultant for the asset that we -- for today, we know we're going to keep, which is Big Corkscrew Regional and not be in this position when Big Corkscrew Regional's 20 years old. That, I totally agree with. But I -- and I don't know. I don't feel like we need a consultant to go out for an intent to negotiate for X amount of property for the asset of Sun-N-Fun to engage the community -- the business community to offer up suggestions on how we can manage that asset. I don't think we need a consultant for that. CHAIRMAN HALL: Are you talking about the ITN just for the operation? Just take the operations of the aquatics off of the county? COMMISSIONER McDANIEL: Yes. How many acres does that encompass plus/minus, 10? MR. McCORMICK: At least. CHAIRMAN HALL: So they would still be our asset. COMMISSIONER McDANIEL: We still own -- well, yes. We're not going to sell it. June 11, 2024 Page 179 CHAIRMAN HALL: Okay. COMMISSIONER McDANIEL: It would be our asset, and then someone else would come in and lease it from us. CHAIRMAN HALL: And then we could ensure that -- and -- we could ensure that within that lease revenue there was a capital asset replacement and maintenance fund, whether they carried it and took care of those things in order to maintain their business, or we appropriated out of the rent structure to facilitate that. But I'm all about the consultant thing as far as the pools and aquatic centers that we have that are operable. MS. PATTERSON: Commissioners, that's something that we can do. We'll look at our existing catalog of contracts and see if there are any that have the expertise we're seeking, and if not, then we'll, you know, take the next step to find the proper consultant. COMMISSIONER McDANIEL: I'm okay with that. CHAIRMAN HALL: And do it pronto like. MS. PATTERSON: Yeah, like yesterday. COMMISSIONER McDANIEL: Pronto like? CHAIRMAN HALL: That means quick. So do we need to make a motion, or have you got direction you need to go with or -- MS. PATTERSON: We just need a motion to accept the report, if you're so willing, and then we have the direction from you-all on the things that you -- next steps that you want to see. CHAIRMAN HALL: Gotcha. COMMISSIONER SAUNDERS: So I'll make a motion to approve -- to accept the report, but I want you to explain to me again what you're going to do in terms of some expertise. COMMISSIONER McDANIEL: And I'll second his motion. COMMISSIONER SAUNDERS: I don't know that I fully understood it. June 11, 2024 Page 180 MS. PATTERSON: Oh, of course. So, you know, the county has a number of catalog -- contracts, continuing services contracts with engineering firms, so we need to look at those to see if any of those firms have expertise in aquatic facilities, which they may very well. That would be one way we could look at this procurement action. The other way would be that we would have to go out for some type of solicitation. So we'll look at that first. I would anticipate, with the size of the engineering firms that we have on contract, that type of peer review services and helping us develop a maintenance plan is something that's in the wheelhouse of one of our big consulting firms, and we can do that pretty quickly, and we can report back to you at the next meeting. MR. McCORMICK: I agree. I agree. CHAIRMAN HALL: Good. Motion and second with staff direction, all in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN HALL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER McDANIEL: And do you need a motion on the ITN for Sun-N-Fun? MR. FINN: I don't think so, sir. That's been staff's purview. COMMISSIONER SAUNDERS: Just so I understand, with the ITN for Sun-N-Fun, what are you going to ask for? MR. FINN: We're asking for operations and maintenance and technical assistance on long-term maintenance. COMMISSIONER SAUNDERS: All right. Right now the issue at Sun-N-Fun isn't maintenance. It's replacement of what's out there, and that's a whole lot different than trying to get an expert to tell us how to fix what's there, because that's not what we're going to wind up doing. We're going to replace everything that's there. And June 11, 2024 Page 181 I want to make sure that we get the best stuff that we can get at the best price we can get it for the need that we have. And so I'm not sure that this ITN for maintenance is going to get us where you want to be, but if that's the will of the Board, that's fine, but I just don't think it does what we want to do. MR. FINN: If I may, sir, what I heard the County Manager say is that we were going to seek an aquatics maintenance specialist to aid us in developing our action plan and coordinating our action plan. That's what I heard. MS. PATTERSON: The ITN would travel a parallel path, because you-all -- some of you have been asking about the potential privatization or partial privatization of these facilities. That's something that we're going to need to work through. Now, part of that, once everything's up and running, may very well be that that company has the depth to be able to do some of that maintenance, or maybe they don't. We don't know. I know that many of you, as have I, been getting e-mails from various consultants that run water parks saying, "Hey, we hear you've got some problems. We can help you." Expect that those people would probably be providing us their ideas about an ITN in the future. But these are two distinct actions that you're asking us to take. Absolutely, we're going to get a consultant with expertise to help us right now and for making decisions in the future, and then the ITN idea of maybe this isn't our wheelhouse, and we need to have help once everything's up and running. COMMISSIONER McDANIEL: My note that I didn't say but Commissioner Saunders did, without any offensive, is we're not geared for these type of operations. That's not our expertise, and we've proven that. So that's why I suggested the privatization aspect, Commissioner Saunders, of the ITN. And just to share with you, you know, one of the propositions June 11, 2024 Page 182 that came out of the breeze a couple of months ago when I was talking about this was someone -- someone said to me, "Well, you know, if I can enter into a long -- a longer-term lease, I can make a capital investment into that asset, get it up, get it running, and make it profitable, but I need to know that I've got longevity for a rate of return on my capital investment," where we, the county, doesn't have to expend those funds. Now, if we don't get something that comes back that's palatable in that regard, then we've got to go down the avenue of actually doing the replacement and fixing ourselves. So that -- there are two separate requests, the ITN for privatization on Sun-N-Fun and then the consultation to help us be better geared to operate our aquatics facilities. MS. PATTERSON: Yes, sir. CHAIRMAN HALL: All right. It's 3:30. Let's take a court reporter break, and let's come back at 3:40. MR. McCORMICK: Thank you. (A brief recess was had from 3:30 p.m. to 3:40 p.m.) MS. PATTERSON: Chair, you have a live mic. CHAIRMAN HALL: All right. Does that bring us to 16B15? Item #11G AUTHORIZE THE COUNTY MANAGER OR DESIGNEE TO PROVIDE $5,333.33 TO THE TRUST FOR PUBLIC LANDS FOR PREPARATION OF A GRANT APPLICATION FOR THE ACQUISITION OF THE SEMINOLE GULF RAIL LINE AND TO PLEDGE UP TO $241,611 TOWARD THE LOCAL MATCH FOR THE GRANT. (ALL DISTRICTS) - MOTION TO APPROVE BY COMMISSIONER HALL; SECONDED BY COMMISSIONER LOCASTRO – APPROVED June 11, 2024 Page 183 MS. PATTERSON: Yes, 16B15 -- formerly 16B15, now 11G. This is a recommendation to authorize the County Manager or designee to provide $5,333.33 to the Trust for Public Lands for preparation of a grant application for the acquisition of the Seminole Gulf Rail Line, and to pledge up to $241,611 towards the local match for the grant. This item is moved to the regular agenda by Commissioner Hall's request, and Ms. Trinity Scott, your department head for Transportation Management Services, is here to present/answer questions. CHAIRMAN HALL: So I brought this forward because we've got a mile and a half that we're looking at purchasing the railhead from just north of Wiggins Pass up to Alico Road. And I understand that the grant's $2.4 million, and our portion's, what, the 241,000, and that's -- that's for the grant. That's our match portion for the grant. But my question -- and then after that, this is, like, an $82 million land purchase that our portion is $7.7 million, if that's accurate. I think it is. And my question -- and the reason I brought this forward just for the public is, what do we want -- what do we want with the railhead? What purpose -- what purpose is buying the railhead going to serve -- serve us? MS. SCOTT: So for the record, Trinity Scott, Transportation Planning -- I'm sorry. I'm not Transportation Planning manager anymore. I demoted myself -- Transportation Management Services Department. So this goes back to 2020. The Trust for Public Lands was working very closely with the Village of Estero and the City of Bonita Springs to acquire this portion of the Seminole Gulf railroad which would become a portion of a very large passive recreation trail June 11, 2024 Page 184 network. It would connect in with our Paradise Coast Trail that is a 70-plus-mile trail within Collier County, and then it certainly connects much further north, north of Lee County into Charlotte, Sarasota, Manatee Counties. Ultimately, the acquisition for the corridor would be -- it would be what is called "rail banked," and it would be utilized for multimodal transportation, essentially a recreational trail through the corridor. Rail banking means that in the future, should someone desire to re-establish rail along the corridor, they could do so through going through the Federal Railroad Administration. With that, we would recoup our dollars that we put into it for the acquisition, plus a CPI, an annual CPI as well. That is what the Trust for Public Lands has negotiated within their contract. CHAIRMAN HALL: Okay. Thank you. COMMISSIONER McDANIEL: Well, I -- she said what I wanted to hear, and that is the rail banking aspect of. This acquisition would greatly benefit the enhancement of the trail, et al., and then having the capacity to be able to come back someday and potentially utilize it as a rail as well, the two could coexist within the right-of-way, and that's -- that's what I wanted to -- what I wanted to hear. MS. SCOTT: If I could, sir, the other options are -- there are three Conservation Collier pieces here. This is from the county Property Appraiser. The starred areas are already acquired Collier County Conservation Collier Lands. It's the Railhead Preserve. The railroad goes right between those parcels. It is a disturbed area. There is -- if this is acquired, there's a potential of being able to do what -- in the transportation world we call it "trail head," which would be some parking, typically some -- it could be some bathroom facilities to where people could drive to that facility to take their bike. June 11, 2024 Page 185 They would put their bike maybe on their back, and then ride it up the trail. That could also be dual purpose use for our Conservation Collier as well. So instead of taking some of that really nice, pristine area and dozing it for parking spaces, we could utilize an already disturbed area for that. CHAIRMAN HALL: So that's what you're talking about, OPM? MS. SCOTT: Other people's money? We talk about other people's money. What the Trust for Public Lands right now is doing -- and this is going to be the first of probably several grant applications that they're going to be pulling together -- is to try to go after other state and federal dollars. And when they presented -- they did present to the Metropolitan Planning Organization in April, and I stole their slide. So, Mr. Hathaway, thank you for providing those to me. But they're going to be going after Suntrail money, which is Florida specific money, Florida Communities Trust grants. They're going to be going after several federal sources as well, RAISE. They've also been working with some of our delegation members to try to have specific dollars set aside for this. But this is one specific grant. It's the Active Transportation Infrastructure Investment Program that they are going to be putting in for. Lee County will actually be the applicant on it. The grant deadline is June 15th, and it does require a 20 percent match. CHAIRMAN HALL: Okay. Good. With that, I'll make a motion to approve. COMMISSIONER LoCASTRO: Second. COMMISSIONER McDANIEL: Second. CHAIRMAN HALL: All in favor? COMMISSIONER McDANIEL: Aye. June 11, 2024 Page 186 COMMISSIONER LoCASTRO: Aye. CHAIRMAN HALL: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN HALL: All opposed? (No response.) CHAIRMAN HALL: Thanks, Trinity. MS. SCOTT: Thank you. MS. PATTERSON: Commissioners, that brings us to Item 15, staff and commission general communications. Item #15A PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA BY INDIVIDUALS NOT ALREADY HEARD DURING PREVIOUS PUBLIC COMMENTS IN THIS MEETING Item 15A is public comments on general topics not on the current or future agenda by individuals not already heard during previous public comments in this meeting. MR. MILLER: We have none registered. Item #15B STAFF PROJECT UPDATES MS. PATTERSON: Item 15B is staff project updates, which we do not have any today. Item #15C June 11, 2024 Page 187 STAFF AND COMMISSION GENERAL COMMUNICATIONS MS. PATTERSON: And Item 15C is staff and commission general communications. I just have one item for you. Troy, can you put the visualizer on? MR. MILLER: Yes, ma'am. COMMISSIONER McDANIEL: Rain. You're not putting up a rain thing, are you? MS. PATTERSON: I am. Just so that I can provide you the low and high expectations. This is as of yesterday, and only through Wednesday, the rainfall totals -- or potential rainfall totals. So you can see, there's a -- there's quite a spread between the worst case and the best case or reasonable case of lowest, but still it's a lot of rain. Now, the good news is, it's been very, very dry, and we have a lot of space in the system. But I'm showing you this not because you don't know this, but because for the public out there, the ground is very dry, and it's going to take a little time for the water to soak in. So we just need people to be cautious; however, if we continue to get rain through the rest of the week, we may see places where we have some nuisance flooding, particularly in those areas that are also subject to tide. This is a great exercise for us. Road maintenance is already out and about checking things out. So if folks are seeing the system not responding, if water is standing and not starting to retreat after a few hours or if things just seem weird or different from prior years, we absolutely want you to call our road maintenance division. I'm going to put it up on this visualizer in just a second here. COMMISSIONER McDANIEL: Can 311 work? MS. PATTERSON: Yes. COMMISSIONER McDANIEL: Can 311 work? MS. PATTERSON: 311 does work, but this is also the direct June 11, 2024 Page 188 number for Road Maintenance, and there's an on-call service at night. So if they are seeing standing water that is not receding or any other -- any other cause for concern, how this helps Stormwater Maintenance/Road Maintenance is this prepares us for the incoming rainy season, so we're really working to get the system in its best shape for rainy season. So if we have blockages, if we have things that have happened over the winter, this is a really great test for the system, and we want to get out and respond to that. So for anybody that -- we have some bullet points. We're putting this out on social media for folks so that they know where to call and what they're looking at, what's normal under this type of rainfall situation, and what might be abnormal, and we will have folks responding all throughout the week as we experience this rainfall. And with that, that's all I have. County Attorney. MR. KLATZKOW: Nothing, thank you. MS. PATTERSON: Commissioners. CHAIRMAN HALL: Commissioner McDaniel. COMMISSIONER McDANIEL: Well, let's go to the top of the list. The burn ban late in getting initiated, when will we make the decision to lift that? MS. PATTERSON: Well, I'd like to see what happens with the rain this week. I'll consult with the fire chiefs, only because sometimes when we get this very early rain, we jump the gun and think we're fully in rainy season, and then we have three weeks of no rain. So let's see -- let's see how it goes. COMMISSIONER McDANIEL: Fair enough, and that's a fine response. I think that's an extremely prudent path to travel. Number two, I don't know if you folks experienced it or not, but our IT division decided to do a major update with our computers this Friday. I was looking at my government calendar, and it went away. June 11, 2024 Page 189 All of my appointments, prior and future appointments went away. I had a minor panic attack. And so my suggestion is, if IT's planning on a revision, let's do it on a Wednesday after a Board meeting when things are leveler, more level. Number three, Jamie -- and this -- we all have been receiving correspondence from a constituent that used to live in Golden Gate Estates. Irizarry is his name, I think, and I'd like to have a discussion about this and bring forward a resolution to the circumstance. MR. FRENCH: Thank you, Commissioner. For the record, I'm Jamie French, again, your Growth Management/Community Development department head. I have Mr. Tom Iandimarino, your Code Enforcement director, with me as well. Tom is intimately involved with Mr. Irizarry's case. Bottom line is, is that this was a long-standing code enforcement case that ran up to about $160,000 in fines that resulted in a lien against Mr. Irizarry's property. Mr. Irizarry did comply eventually over the years to resolve it, and he did make an attempt -- or at least he started to have negotiation talks with us regarding the settlement portion of your ordinance that you recently adopted this year. Unfortunately, Mr. Irizarry had an open permit -- an open electric permit for solar panels on his garage, detached garage. And the reason why it failed was that either Mr. Irizarry or the previous owners of that property converted that garage to living space. So there was electrical work done within the garage where we could not pass the solar panels. Bottom line, Mr. Irizarry simply needed to close out that permit. He could have canceled the permit. I think he owed us $60 in inspection fees -- or in back fees. I know he worked for just about a month with Mr. Iandimarino. He chose not to do it, so when he sold the home, the $160,000 was June 11, 2024 Page 190 held by the title company, and they paid the county. Now, the new owners have come in, and they have paid the $60. The permit is closed out, but unfortunately, because now we know it has created a code enforcement case for the new owners, that they either have to get this illegally converted -- it's not enclosed. It's a -- imagine it's a garage that was permitted and built that someone has gone back in and now made living space. So I've got FEMA regulations, I've got state law. We have state law that we must -- that we must work with -- or work within the boundaries of the Florida Building Code, and so now we have a code enforcement case on a brand-new owner. So they did come in. They did pay the $60. Mr. Irizarry, he wants to just -- I think he wants to pay just the 10 percent of what the property value is so he's not fully responsible. Unfortunately, we don't have a path, and I believe Mr. Klatzkow, I don't think -- because the ownership has transferred, Mr. Irizarry no longer can come forward to you and say, "I just want to pay the 10 percent." If he would have just paid the $60, closed out that permit, he wouldn't have been on the hook for the full $160,000 that we collected. COMMISSIONER McDANIEL: So we can give you a path. MR. FRENCH: Yes, sir. The Board sets policy. COMMISSIONER McDANIEL: Okay. So my suggestion is -- you've got two cases. You've got the old case that's been -- the permit's been closed. You've got the new case with a not permitted fix for a residential use that cannot continue on. So that new owner will have to take care of that code issue. So my suggestion is, is that we hold back the 10 percent and refund the balance back to Irizarry from the previous code case. CHAIRMAN HALL: So we're going to give him back the 150,000 -- COMMISSIONER McDANIEL: 140-, plus or minus, June 11, 2024 Page 191 whatever, whatever it works out to be. CHAIRMAN HALL: And then the new owners are buyer beware. They've got to take care of their own deal. COMMISSIONER McDANIEL: Buyers -- the new buyers will have to fix the code case that we're aware of now and bring it back on their own. That's not -- they're not participatory in this lien that was created by the old code case in the first place. CHAIRMAN HALL: Have the new owners got a way out besides just ripping everything out and redoing it? MR. FRENCH: They could demo it. They would have to demonstrate that they meet the FEMA floodplain, because this is a special flood hazard area, and to avoid us ever being like Lee County, we'd like to maintain the 25 percent discount for our flood insurance policyholders. But they're going to have to adhere to the Florida Building Code. COMMISSIONER McDANIEL: Do you want that in a motion? MR. FRENCH: If that's the direction of the Board, we'll bring back an item at the next meeting. COMMISSIONER McDANIEL: I'd like to make that a motion. CHAIRMAN HALL: I'll second it. Commissioner Saunders. COMMISSIONER SAUNDERS: Now, the motion is for this -- for staff to come back at the next meeting with some resolution of this, or are you resolving it right now? Is that -- COMMISSIONER McDANIEL: Well, the resolving of it is now that we -- they may have to come back to us in two weeks to finalize everything, but we withhold the 10 percent of the property value, approximately 16,000, and refund the balance. MR. FRENCH: About $141,026 -- I'm sorry -- $26 -- 26,000 June 11, 2024 Page 192 we would retain. COMMISSIONER SAUNDERS: I can say I know absolutely nothing -- I can say I know absolutely nothing about this case or this issue. COMMISSIONER McDANIEL: I know a lot. COMMISSIONER SAUNDERS: But I'm wondering if you could share that with us and have us come back and do this, because I feel uncomfortable voting for something I just have no idea what we're doing. I mean, I'm not -- COMMISSIONER McDANIEL: Okay. COMMISSIONER SAUNDERS: -- saying that I don't support what you want to do. I just don't understand it. COMMISSIONER LoCASTRO: Especially that big of a refund, you know. I wanted to -- COMMISSIONER McDANIEL: I'd be happy to -- you want to bring it back in two weeks and have an actual hearing on that? MR. FRENCH: We'll bring back an item that -- based off of your direction -- COMMISSIONER SAUNDERS: You can put it on the consent agenda. Just get us some information, and then -- COMMISSIONER McDANIEL: Perfect. COMMISSIONER SAUNDERS: -- if we wanted to pull it off, we can pull it off. COMMISSIONER McDANIEL: Perfect. Perfect. I had long communications with him in advance of the sale of the home all the way through the process. There's no argument that -- and he even admitted -- he was here once and spoke to us, I think maybe even before you got elected, before Commissioner Hall and Mr. -- Commissioner Kowal got elected. He was here, and I've had an enormous amount of information and communication with him over -- over the years. So I'd be happy to do that. Put it on the June 11, 2024 Page 193 consent agenda. CHAIRMAN HALL: Give us the history. COMMISSIONER McDANIEL: But the bottom line is, is we -- with Commissioner LoCastro's leadership, we implemented the new policy and have been leaning towards this 10 percent of the property value as a far more equitable path for us to travel in these voluminous code cases that are out there. So, plus/minus, it's refunding about 141,000, plus a little bit to -- back to -- back to him. MR. FRENCH: Yes, sir. We'll bring back an item. CHAIRMAN HALL: All right. Sounds good. COMMISSIONER McDANIEL: And I have one more, and this leans into what I think you might be talking about, so I don't want to -- I'll steal your thunder a little bit, and then you and I can engage. COMMISSIONER SAUNDERS: Go ahead, because you know more about it than I do. COMMISSIONER McDANIEL: This is the Sycamore -- we recently had -- and did you find out, are we within the time frame to recall -- MR. FRENCH: Mr. Bosi is -- he's saying yes. COMMISSIONER McDANIEL: Okay. MR. KLATZKOW: You can appeal it. COMMISSIONER McDANIEL: Hum? MR. KLATZKOW: You're within the time frame to appeal the decision. COMMISSIONER McDANIEL: At our next meeting? MR. KLATZKOW: Well, whenever staff can get it back to you. COMMISSIONER McDANIEL: Okay. There was a Hearing Examiner's decision that was rendered on a side-yard setback encroachment with our -- with a property owner off of Sycamore, and June 11, 2024 Page 194 we just learned this yesterday when Jamie was in my office. Mr. Bosi was talking to him -- that a property owner off of Sycamore filed for a permit, a building permit, for a building, about a 4,000-square-foot building on his property. And the site plan that they submitted showed the building being in the appropriate location, meeting all of the side-yard and rear-yard setbacks. He then engaged a private provider to manage the construction, which was a contractor, and the permitting -- or the inspections on the permits. So we -- and when that happens, we, as a practice, don't go to the property. So all of a sudden, he's done, and there's a building that's now been built in the side-yard setback and the rear-yard setback. And so his only avenue, before he could get a CO for that building and utilize it, was to acquire a variance. So he went to the contiguous property owners, got letters of acceptance for his building to remain, and then several of the members of the community showed up to speak, and the Hearing Examiner granted the variance. Now, I want to say this out loud. I don't -- I don't have a want to make this man move his building. What I want is to establish a set of processes and procedures for our staff to issue a stop work order because there's a disconnect -- even though they're standing next to one another right now, there's a disconnect between the state building code and zoning. And so zoning's looking at a properly placed building on the site, and the Building Department is not able to actually go and do inspections because of the private provider that got between our Building Department and the owner. And so we didn't know that the building had been inappropriately sited. The spot survey showed that it was where it was supposed to be, and then when we got to the final CO, it was June 11, 2024 Page 195 encroaching on the side-yard setback. If I'm not mistaken, it was the side and rear. So there was two setback encroachments. CHAIRMAN HALL: How far? COMMISSIONER McDANIEL: A minute? I mean, it was 30, 40 feet. It wasn't two feet. It wasn't -- it wasn't -- CHAIRMAN HALL: Oh. COMMISSIONER McDANIEL: It wasn't a -- it was -- now, the property owner to the north is a nice gentleman, so I'm told, who -- and it's at the back of his property. You know, all of the properties in the Estates are 660 feet deep. So if a guy -- if a person builds too close to the property line, it really isn't -- his comment was, "Well, I never go back there anyway," but it may be -- it may have a negative impact going forward. And so what I'd like to do is have a discussion if we need to appeal the Hearing Examiner's decision, not necessarily to remand the owner of this building to tear it down and move it, but to establish some procedures for us so that we're not in -- we're in a position here of having a building up and built and then requiring a variance before the CO. But a variance -- we're aware of a violation of our side-yard setbacks. Because the majority of the people try to adhere to our code and our side-yard setbacks and rear-yard setbacks, but we can certainly not, you know, ever ascertain whether this was done on purpose or not. But bottom line, it's a violation of our codes. And we -- when people -- when people ask the proper way, we make them adhere to our codes and our regulations, and this -- this didn't occur with this instance, and then the man that built the building went and got the letters of approval of its location from the contiguous property owners. But I want to establish -- as much as anything, I want to establish going forward -- so that our Building Department and June 11, 2024 Page 196 Zoning Department aren't handcuffed by the Florida Building Code that prohibits inspections and a stop work order when a zoning violation, in fact, transpires. MR. FRENCH: Thank you, Commissioner. If I could just summarize very quickly -- and I will try to be brief. But since 2004, the State of Florida -- and many of you know this. Ever since Hurricane Andrew, there used to be independently adopted building code based off municipalities, authorities having jurisdiction or counties. After Hurricane Andrew, the State of Florida adopted a state-wide building code, and it simply said this: You, as a county, will still be in the building permit business, but you're going to operate under our code, and the State of Florida has "the" building code. You don't have a local county code. And any amendments to that code that would be more restrictive must be approved by the Florida Building Commission, which those members are assigned by the Governor. At the end of the day, in 2004, there was legislation because so often in some of these smaller communities they struggled with being able to get building permits out. So they allowed for these private providers to exist. Now, private providers must be licensed building officials, and up until recently they were qualified by a professional licensed engineer that could demonstrate that they were qualified in this practice. That legislation has since changed, and it continues to change so much to a point where we probably spend more time with private providers. We're forced to charge them less money, it costs us more as an organization because we are a fee-restricted, fee-funded organization that does not impact the independent taxpayers but those who actually -- that apply for building permits, but what happens is June 11, 2024 Page 197 that -- Commissioner McDaniel's absolutely right, unless we're invited to the site or unless we can demonstrate that it is a violation of the life-safety code, we have no -- our only role here is you as a Board, you as the authority having jurisdiction, having that state license -- state-issued licensed building official that you must have in order to be in this business, you must issue a building permit, you must issue a certificate of completion or a certificate of occupation if they've met all those conditions. And a private provider makes that determination, and we have no right of appeal other than to file a willful ethics or a willful code violation back to the state; and willful is very, very hard to prove. So is it suspect that we have a -- we had a survey that came in after 10 days when they poured their slab that said, nope, I am fully in compliance with the setbacks, and then on final inspection we find out they're off. And they're not just off by inches, not an indiscriminate amount, but a lot. COMMISSIONER McDANIEL: I think if you -- if I can paraphrase a little bit, you shared that you had the administrative capacity for, like, 10 percent. If there's a -- if there's an encroachment of 30 feet and the building's 32 feet, you can -- you can approve that administratively? MR. FRENCH: We can do that. And we're still charged -- we have to audit. Every time they do an inspection, it's our job -- we have to audit their inspection to make sure it's compliant, and that's where we spend a lot of time. The recordkeeping is all on us as well to do that. COMMISSIONER McDANIEL: And the other side of it is we withheld the CO on this particular building so it couldn't legally be occupied, but there are other remedies other than just a variance request. The fellow has civil issues with his contractor and the private June 11, 2024 Page 198 provider who supplied us with documentation that everything was okay. He could have -- as opposed to being issued the variance, he could have been forced to either relocate the building or buy land from the contiguous property owners and do a lot-line adjustment in order to effectuate the proper setbacks and not negatively impact the surrounding areas, so... MR. FRENCH: You're absolutely correct. And, Commissioner, this code once existed in Collier County. It was removed in 2004 for some reason. So we are currently working with Mr. Klatzkow's office, Doug Sposito and Fred Clum. Our deputy building official as well as our building official are working with Jeff's office. And so we are revisiting the process based off of this and others. This happens often. Swimming pools, outbuildings, homes that are set in the wrong place. But we'll be bringing back an item for you to consider in future months. COMMISSIONER McDANIEL: And when you do do that -- now, I guess my question is, do I -- do one of us need to file an appeal to the Hearing Examiner's decision, or is -- MR. KLATZKOW: Well, the appeal will be by majority vote of the Board. If you're going to do that, you have to do it this meeting; otherwise, you're out of time. CHAIRMAN HALL: I guess my question is, is an appeal necessary to have the discussion to change what we need to change? MR. KLATZKOW: I'm simply saying if you don't appeal it -- if you don't appeal it now, you lose that right later. CHAIRMAN HALL: So if we appeal it, we're saying we don't want the variance? MR. KLATZKOW: No. If you're appealing it, you're saying you want to hear it, and as part of the hearing, Jamie could talk about alternatives. June 11, 2024 Page 199 COMMISSIONER McDANIEL: Right. CHAIRMAN HALL: Okay. Commissioner Saunders. COMMISSIONER SAUNDERS: So the decision by the Hearing Examiner was just last week, and so -- COMMISSIONER McDANIEL: Two weeks ago. COMMISSIONER LoCASTRO: Has it been two weeks? MR. BOSI: It was issued on May 17th. COMMISSIONER SAUNDERS: Oh, I thought it was -- okay. Now I understand why time is of the essence. I want to make sure this doesn't happen again. This may be one of those cases where, literally, the horse is out of the barn on this one. But maybe it's worthwhile, as part of our evaluation of not having this happen again, to go ahead and appeal this, bring it back in two weeks or whatever time you can bring it back in, and let's hear what happened and then make a decision as to -- I mean, I don't really want to make somebody move a building, but at the same time, I don't want to reward somebody for doing something that, quite frankly -- you know, who knows if it was intentional or not, but... COMMISSIONER McDANIEL: We'll probably never know, in all sincerity. COMMISSIONER SAUNDERS: But somebody listening to this may very well be thinking, well, that's all we've got to do is get a -- COMMISSIONER McDANIEL: Right. Get a private provider, and I just -- COMMISSIONER SAUNDERS: Get a survey and -- COMMISSIONER McDANIEL: -- got to use a whole bunch more of my property that I was previously prohibited from doing, so... COMMISSIONER SAUNDERS: But we don't need to appeal this in order to correct the problem that led to it. So the question is, June 11, 2024 Page 200 do we want to appeal this; bring the property owner to explain what happened? CHAIRMAN HALL: That was my question. Is an appeal necessary for us to change the process? COMMISSIONER McDANIEL: Bosi's raising his hand. MR. KLATZKOW: The appeal is not necessary to change the process. The appeal will be limited to this one particular instance of it. I'm simply saying if want to hear this, you have to appeal it now. That's all. COMMISSIONER SAUNDERS: Okay. MR. BOSI: And I was just going to add -- and this may not have any bearing, but as it's been indicated, from every adjoining property owner that touches that individual's lot, we have received letters of no objection, and there was an additional letter of -- or condition of additional landscaping to provide additional buffering for the -- from the facility, from the neighbors. COMMISSIONER SAUNDERS: You know, the problem that I have with all -- with the variance is that getting neighbors to agree to it isn't really the standard for determining whether there should be a variance. It has to be a land-related hardship not created by the property owner. And so there really isn't any basis for a variance. So, you know, the idea that the property owners next door didn't object to it is -- to me is irrelevant. What's relevant is why did this happen, and can we keep it from happening? COMMISSIONER McDANIEL: Well, and that's where the appeal may be requisite. I don't mean to interrupt you, sir. COMMISSIONER SAUNDERS: No, go ahead. COMMISSIONER McDANIEL: You know, the hardship was created by somebody. Now, it didn't create a health, safety, and welfare for the contiguous property owners, but the hardship was June 11, 2024 Page 201 created by a third-party provider and/or the property owner that allowed for it to transpire, and then, per our laws, per our code, the only way he could occupy it was to receive the variance, but the variance isn't technically -- it was -- it was a created need for a variance. COMMISSIONER SAUNDERS: Well, I'll do this -- because I think we need to hear from the property owners as to what happened. So I'll make a motion to appeal that decision so that we can at least hear what happened, and that will help us make a better decision, perhaps, going forward. COMMISSIONER McDANIEL: And I think -- I'll second that motion. CHAIRMAN HALL: All right. COMMISSIONER McDANIEL: Bosi, you had your hand up. Do you want to add? MR. BOSI: Just to put on the record that the staff's original recommendation was for denial, but just another is -- and hardship is a consideration that the decision-making bodies, the HEX or the BZA, can incorporate. Staff looked at it more as just inherent configuration of the land is what guided us to our recommendation of denial on the -- you know, based upon the survey. COMMISSIONER McDANIEL: If for nothing else, the hardship determination can help us going forward with other variance requests and other circumstances that are prevalent by actually defining that hardship requisite in advance now, and then we can also have an update on our policies and procedures so that when another one transpires, we're ahead of it, not after it's built. MR. BOSI: And speaking of policies and procedures, traditionally summertime you don't like to hear controversial items. Would this be an exception? COMMISSIONER SAUNDERS: I would say yes, because it's June 11, 2024 Page 202 already been granted by the Hearing Examiner, so we're just reviewing his decision that's been, made, so... CHAIRMAN HALL: I'm not worried about who's here or who's not. If we only have a certain time to appeal, we need to do it. So we have a motion and a second. All in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN HALL: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN HALL: So moved. COMMISSIONER McDANIEL: Thank you. And that, by the way, is all I had. CHAIRMAN HALL: Thank you. Commissioner LoCastro. COMMISSIONER LoCASTRO: That was your summary closing comment? Holy -- Dot, did you -- I mean, right? I mean, come on. Really? Seriously? Right? Unbelievable. COMMISSIONER McDANIEL: She's the timekeeper. COMMISSIONER LoCASTRO: I want you to know I kept time of all four of us. Dan doesn't count. You, my friend, tripled my time. Anyway, two quick things. Let's make sure we use Alert Collier if we need to during this heavy rainstorm. Road washes out, lights are all down, you know, and we have to send out something that says, "Remember, if lights are out, it's a four-way stop," anything like that. You know, pavement collapses, severe flooding somewhere where it's extremely deep and hard to tell, let's make sure that, you know, we're -- if we can get use out of Alert Collier. You know, lastly -- and all of us will go back and check our e-mails after this meeting -- I'm really appreciative but very disappointed in some of the e-mails that we're all getting from some citizens about Amendment IV. I'm appreciative for the people that June 11, 2024 Page 203 sent us really nice notes and said, you know, "Thanks for letting us know what your moral compass is." I agree with it, I disagree with it, whatever, but understood that we weren't here telling people how to vote. You know, the e-mails that say, "I can't believe five old men just decided what women should do with their bodies," that's not what happened up here. I didn't tell anybody. Go to the polls and vote. This will probably pass, as Commissioner Saunders said. I'll just speak for me, but I told people to vote their conscience, vote their opinion but know the details of the fine print of what you're voting on, and I want my constituents -- just as they ask frequently what my moral compass is on gun control and, you know, abortion and immigration and all kinds of things that I don't have jurisdiction over, but they want to know the kind of elected official they have in the seat. So I was proud to voice my personal views today, but I respect the views of others, and that's why it's on the ballot. But as we often see, sometimes people don't do their due diligence and they think they're voting for something very specific, and they are. It's just not the specific thing that they actually understand. So I'll just say that as a closing comment. I think that, you know, we all stated our views today unanimously. We're reminding voters to do their due diligence, and it's an important vote on the ballot. And like anything else, we don't want people to vote alphabetically. That's all I have. CHAIRMAN HALL: Great. Thank you. Commissioner Saunders. COMMISSIONER SAUNDERS: Thank you, Mr. Chairman. I don't have anything. That was the issue I was going to raise was the one that Commissioner McDaniel raised. I just want to June 11, 2024 Page 204 thank everybody for -- COMMISSIONER McDANIEL: And I want the record to reflect that half of my time goes to Commissioner Saunders. COMMISSIONER SAUNDERS: And Rick LoCastro still wins the award for the most time. COMMISSIONER McDANIEL: Yeah. CHAIRMAN HALL: All-time award. COMMISSIONER LoCASTRO: I hate all of you. CHAIRMAN HALL: I've just got a few things I wanted to talk about. I visited DAS last week, and Mr. French and his crew have done a lot out there to turn this thing around. And one of the things that we talked about, you know, in Building 5, to get rid of the rodent problem, they've got to get rid of the -- they've got to pull the ceiling down and clean things up and then put it back, so we have to rehouse dogs. They're doing a pretty good job of adoption back there, but there's still 10 to 15 dogs. And so one of the things that we talked about maybe that we could encourage the public. Every day that goes by, it costs us 30 to $50 per dog, per animal to house, and the fees that we're charging range anywhere from 30 to 80; 80 for a puppy, 30 for an old dog. And so we're obviously never going to make money or never going to break even with those fees. So we thought about what if we just waive the fees for a certain amount of time to encourage the public to get these things, and waive -- what's the -- it's the animal control officer? I want to say dogcatcher. So if your dog gets out and he's brought to DAS, we're charging people 100 to $150 to reclaim their dog. I would like to see us be able to waive that on a first-time offense, and then if they -- you know, if they don't fix the hole in the fence or the dog, you know, June 11, 2024 Page 205 continues to get out, then we charge them. So that's one of the things. COMMISSIONER McDANIEL: I'll second that. CHAIRMAN HALL: All right. So -- MR. FRENCH: I apologize. I stepped out briefly. Commissioners, we'd like to -- we intend to bring this back almost like we do Contractors Licensing. We really go with a three-strike rule. We talk to you. We educate you. And as Mr. Iandimarino, who spent 32 years in federal law enforcement, he explained to the animal control officers -- I also used to call them dogcatchers. He said, "I can't tell you how many times I had people in cuffs that never made it to jail." So just because we take the custody of an animal doesn't mean we need to impound it. We certainly want to focus on reuniting families. One of the policies we've put out is that if we find a stray, we're going to go door to door. And I don't care if we've got to use Code Enforcement or if I've got to go out myself, we will go door to door to try to reunite them. And we'll take a look at their fence, their enclosure, figure out what we need to do to keep that family together with their pet versus putting it on the backs of the taxpayers and putting that burden on staff. So we are committed to this. I've been in it now for about a month and a half, and I can tell you that we've been there every day. CHAIRMAN HALL: So I'm all for waiving the fees, and I think -- did you second it? COMMISSIONER McDANIEL: Yes. MR. KLATZKOW: You've got a fee schedule that this board implemented. I would suggest Jamie come back with an amendment to that fee schedule. COMMISSIONER McDANIEL: Just do it. June 11, 2024 Page 206 COMMISSIONER SAUNDERS: Well, we can -- we can go ahead and agree today -- MR. KLATZKOW: Today, and then Jamie can bring it back, yes. COMMISSIONER SAUNDERS: -- that we're going to waive fees. I know staff does that periodically anyway. MR. FRENCH: It's by resolution. So it could be one and done. CHAIRMAN HALL: So we have a motion. We have a second. All in favor? COMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: (No verbal response.) CHAIRMAN HALL: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN HALL: Congratulations. That's a good idea, Jamie. Second -- second, we had a -- Mr. Shear stepped up and talked about the CPUD, which I thought he had some valid -- I thought it warranted discussions as far as us, you know, not using the PUDs in our Live Local stuff. I guess my question is, do we want to discuss that, or do we want to send that to the AHAC and let them bring back some recommendations? Go ahead. COMMISSIONER McDANIEL: You want to -- you want to -- COMMISSIONER SAUNDERS: I was going to say, I would suggest just putting it on our agenda, because we know what the issue is. COMMISSIONER McDANIEL: Right. COMMISSIONER SAUNDERS: We've already dealt with it, and AHAC's going to support whatever we do to expand. COMMISSIONER McDANIEL: AHAC's going to support June 11, 2024 Page 207 opening it up as much as possible. CHAIRMAN HALL: Right. COMMISSIONER McDANIEL: And none of -- personally, I don't need to hear it. Personally, I don't need to hear it. We already made a determination to exclude PUDs at all. I don't think Mr. Shear is precluded from offering to purchase a piece -- I say "him" -- or an affordable housing developer is precluded from buying a piece of commercial property and rezoning it to a higher density residential, and we can look at its impacts individually. But I don't want to open Pandora's box to the CPUDs or PUDs at all, period. I'm -- as I've already expressed, I'm not -- I'm not all that skippy about Live Local in the first place because of the preemption on local government to have a say-so on its people, and I don't think we need to open that Pandora's box. He's not -- when he was talking, I was listening. And he's not precluded from pursuing a piece of property. He just can't rely upon a theoretical approval through the Live Local Act on a -- CHAIRMAN HALL: So he could still purchase a property within the CPUD -- COMMISSIONER McDANIEL: Absolutely. CHAIRMAN HALL: -- and ask for -- and ask for the increase in density? COMMISSIONER McDANIEL: We've got -- CHAIRMAN HALL: That solves that. COMMISSIONER McDANIEL: -- commercial zoning pieces of property that -- we just converted one, I think, before you became a commissioner at Goodlette and Pine Ridge Road that used to be a Publix or a Winn-Dixie center, and we converted it -- Barron Collier owned the site, and we converted it to -- it was C-3, and we went to 16, and I think we even gave them more than 16 because there was a provision for some income-restricted housing. June 11, 2024 Page 208 CHAIRMAN HALL: Gotcha. So we have our strategic initiatives that will handle that. So I didn't know that he could -- he could still -- MR. KLATZKOW: I don't think he can. I don't think you can purchase a portion of a PUD and separate it from the rest of it, but that doesn't mean the Board can't, on an application, do that. So I don't think it's as of right. I think it's going to require the Board -- CHAIRMAN HALL: No, not as of right. He would have to come and ask. MR. KLATZKOW: He would have to ask for it. COMMISSIONER McDANIEL: He's asking for an "as of right," and I don't want to -- I don't want to -- CHAIRMAN HALL: Gotcha. COMMISSIONER McDANIEL: I don't want to do that. It has to be a specific application, and then we have to weigh all of the impacts on the nearby surrounding area, the traffic, ingress and egress, the whole thing. CHAIRMAN HALL: I didn't know that he -- as long as he's got the right to purchase and come ask, I'm happy with that. And then lastly, coming up on a future agenda item, I've been working on -- you know, in light of encouraging adoption for babies, throughout the state of Florida in various locations, there's what we call safe -- safe haven baby boxes that could be attached in the wall in an EMS station and be a place for a woman to place her baby in a controlled environment for that long (indicating) and not be condemned for giving her baby up. It's a safe place to put that -- and the baby -- the baby comes out for adoption. So I was going to ask the County Attorney if -- to explain the feasibility between using fire stations or the EMS. There's a fire station typically, like, in Ocala, but I think we have other options. MR. KLATZKOW: The Board has the power -- on all of the June 11, 2024 Page 209 EMS stations, that's ours. As far as a decision to put these boxes in a firehouse, that would be the fire district's decision. A lot of our units are collocated, so I'm not sure it makes a difference practically, but -- CHAIRMAN HALL: Well, we can do the EMS stations without further permission from anybody else. MR. KLATZKOW: You could do your EMS stations without any permission, yes. CHAIRMAN HALL: Dot, do you have any idea how much one of those boxes are? MS. HALL: Around 20,000. And the alarm goes off immediately when the baby's put in the controlled environment, and then that fireman adopted that baby . COMMISSIONER McDANIEL: Say that on the microphone so that it's record. CHAIRMAN HALL: Can you go to the microphone, Babe. MS. HALL: Oh, sure. CHAIRMAN HALL: Babe. Put that on record. THE COURT REPORTER: "Babe," I did. MS. HALL: Did you get that, Terri? He called me "babe." THE COURT REPORTER: I did. MS. HALL: They're about 20,000, just guessing, around that. There's a few maintenance fees. Action For Life is actually going to take it before the Board to see if they could pay for one of those, if the county could maybe pay for a couple of them also. And just so you understand, as soon as that baby's placed in the safe haven box, an alarm goes off immediately. And a story was just told in Ocala that a baby was placed in there, and the fireman that rescued the baby -- sorry, we've been working on this for a while -- but he adopted the baby, so... COMMISSIONER McDANIEL: Nice. CHAIRMAN HALL: That was awesome. Thank you. June 11, 2024 Page 210 COMMISSIONER McDANIEL: Outstanding. CHAIRMAN HALL: So we'll bring that for future. MS. PATTERSON: Commissioners, I'll get you a list of the owned EMS stations. There aren't that many that are stand-alone. Then we have collocated where we have ownership, so that would be in the ownership, and then there are the collocated stations that are owned by Fire, and we're there by lease. So we've got 26 locations in Collier County that are EMS, and we can get a breakdown of those. CHAIRMAN HALL: Yes, sir [sic]. COMMISSIONER SAUNDERS: And check the Florida Statutes, because there's statutory language dealing with where you can drop the babies off. MR. KLATZKOW: I have. I've checked the statute, and we're fine here. CHAIRMAN HALL: So I'll get an executive summary prepared, and you can include that in that. MS. PATTERSON: Yes, sir. And we're happy -- I can have Chief Choate talk with the fire districts as well to see if there's any willingness to participate. COMMISSIONER McDANIEL: I love it. That's a great idea. CHAIRMAN HALL: Good. All right. Good day today. Thanks, everybody. We're adjourned. ***** ****Commissioner Hall moved, seconded by Commissioner McDaniel, and carried that the following items under the consent and summary agendas be approved and/or adopted**** June 11, 2024 Page 211 Item #16A1 APPROVED FINAL ACCEPTANCE AND ACCEPT THE CONVEYANCE OF THE POTABLE WATER UTILITY FACILITIES FOR ALLAMANDA ESTATES – ONSITE UTILITIES, PL20230014153. (DISTRICT 1) - FINAL INSPECTION ON NOVEMBER 09, 2023, FOUND THESE FACILITIES SATISFACTORY AND ACCEPTABLE Item #16A2 APPROVED FINAL ACCEPTANCE AND ACCEPTED THE CONVEYANCE OF THE POTABLE WATER UTILITY FACILITIES FOR ALLAMANDA ESTATES - OFFSITE UTILITIES, PL20230016590. (DISTRICT 1) – FINAL INSPECTION ON NOVEMBER 17, 2023, FOUND THESE FACILITIES SATISFACTORY AND ACCEPTABLE Item #16A3 APPROVED FINAL ACCEPTANCE OF THE POTABLE WATER AND SEWER UTILITY FACILITIES AND ACCEPTED THE CONVEYANCE OF THE POTABLE WATER AND SEWER UTILITY FACILITIES AND APPURTENANT UTILITY EASEMENT FOR ESPLANADE BY THE ISLANDS – PHASE 3H, PL20230015548. (DISTRICT 1) Item #16A4 APPROVED FINAL ACCEPTANCE AND ACCEPTED THE CONVEYANCE OF THE POTABLE WATER AND SEWER June 11, 2024 Page 212 UTILITY FACILITIES FOR GROVES AT ORANGE BLOSSOM PHASE 2A-1, PL20240003084. (DISTRICT 5) Item #16A5 APPROVED FINAL ACCEPTANCE OF THE POTABLE WATER AND SEWER UTILITY FACILITIES AND ACCEPTED THE CONVEYANCE OF A PORTION OF THE POTABLE WATER AND SEWER UTILITY FACILITIES FOR IMPERIAL GOLF COURSE HALFWAY HOUSE, PL20240002104. (DISTRICT 2) - FINAL INSPECTION ON APRIL 09, 2023, FOUND THESE FACILITIES SATISFACTORY AND ACCEPTABLE Item #16A6 – Continued from the May 14, 2024, BCC Meeting RECOMMENDATION TO APPROVE FINAL ACCEPTANCE OF THE SEWER UTILITY FACILITIES, ACCEPTED THE CONVEYANCE OF THE SEWER UTILITY FACILITIES AND APPURTENANT UTILITY EASEMENT FOR SEYCHELLES - OFFSITE UTILITIES RELOCATION (PL20240001240), AND SEYCHELLES - OFFSITE UTILITIES (PL20190001953), AND AUTHORIZED THE COUNTY MANAGER OR DESIGNEE TO RELEASE THE FINAL OBLIGATION BOND AND THE UTILITIES PERFORMANCE SECURITY (UPS) IN THE TOTAL AMOUNT OF $9,957.64 THAT WAS SUBMITTED FOR PL20190001953, TO THE PROJECT ENGINEER OR THE DEVELOPER’S DESIGNATED AGENT. (DISTRICT 1) Item #16A7 THE CLERK OF COURTS RELEASED A PERFORMANCE June 11, 2024 Page 213 BOND IN THE AMOUNT OF $234,500 WHICH WAS POSTED AS A GUARANTY FOR EXCAVATION PERMIT NUMBER PL20190002027 FOR WORK ASSOCIATED WITH MAGNOLIA POND RESIDENCES. (DISTRICT 3) Item #16A8 RECORDED THE FINAL PLAT OF CAYMAS PHASE II, APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT, AND APPROVAL OF THE PERFORMANCE SECURITY IN THE AMOUNT OF $4,182,045.73. (APPLICATION NUMBER PL20230012032) (DISTRICT 1) Item #16A9 AUTHORIZED A BUDGET AMENDMENT IN THE AMOUNT OF $38,000 TO REALLOCATE FUNDING WITHIN THE CONSERVATION COLLIER CARACARA PRAIRIE FUND (0674). (ALL DISTRICTS) Item #16A10 THE COLLIER COUNTY FLOODPLAIN MANAGEMENT PLAN 2022 AND 2023 PROGRESS REPORT AND PROPOSED ACTION PLAN FOR 2024. (ALL DISTRICTS) Item #16A11 APPROVED THE DENSITY FOR THE EKOS DEVELOPMENT UNDER FLORIDA STATUTE 125.01055(7)(A), THE LIVE June 11, 2024 Page 214 LOCAL ACT. (DISTRICT 1, ALL DISTRICTS) – LOCATED AT 6360 COLLIER BOULEVARD, AT THE SOUTH-EAST QUADRANT OF THE COLLIER BOULEVARD/HENDERSON CREEK DRIVE INTERSECTION Item #16B1 APPROVED CHANGE ORDER NO. 6 TO AGREEMENT NO. 16- 6699, PROFESSIONAL DESIGN SERVICES FOR THE “ELEVEN BRIDGE REPLACEMENTS PROJECT” WITH HNTB CORPORATION TO EXTEND THE CONTRACT TIME FOR POST-DESIGN AND RELATED SERVICES ON THE PROJECT BY AN ADDITIONAL 60 DAYS AND AUTHORIZED THE CHAIRMAN TO SIGN THE ATTACHED CHANGE ORDER. (PROJECT NO. 66066) (DISTRICT 5) Item #16B2 THE CHAIRMAN EXECUTED A MEMORANDUM OF UNDERSTANDING (MOU) WITH THE FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES FOR REDACTED CRASH DATA. (ALL DISTRICTS) Item #16B3 APPROVED AN AGREEMENT FOR THE PURCHASE OF A DRAINAGE EASEMENT (PARCEL 146DE) REQUIRED FOR THE WEST GOODLETTE-FRANK ROAD AREA STORMWATER IMPROVEMENT PROJECT PHASE 2. (PROJECT NO. 60142) (ESTIMATED FISCAL IMPACT: $22,843) (DISTRICT 4) June 11, 2024 Page 215 Item #16B4 RESOLUTION 2024-99: THE CHAIRMAN SIGNED A SUPPLEMENTAL AGREEMENT TO THE LOCAL AGENCY PROGRAM (LAP) AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) TO REDUCE GRANT FUNDS BY $125,024 FOR THE CONSTRUCTION OF A TEN-FOOT MULTI-USE PATH ON COUNTY BARN ROAD FROM RATTLESNAKE HAMMOCK ROAD TO SR 84 (DAVIS BLVD.); EXECUTED THE ACCOMPANYING RESOLUTION; AND AUTHORIZED THE NECESSARY BUDGET AMENDMENTS, FPN 438091-2-58-01. (FUND 1841, PROJECT NO. 60254) (DISTRICT 3, DISTRICT 4) Item #16B5 APPROVED A TOURIST DEVELOPMENT TAX FUND 1105 FUNDING IN THE AMOUNT OF $350,000 FOR MAINTENANCE OF THE TIGERTAIL LAGOON / SAND DOLLAR ISLAND ECOSYSTEM RESTORATION PROJECT, AUTHORIZED THE CHAIRMAN TO EXECUTE A TOURIST DEVELOPMENT TAX FUNDING AGREEMENT, AND MAKE A FINDING THAT THIS EXPENDITURE PROMOTES TOURISM. (DISTRICT 1) Item #16B6 RESOLUTION 2024-100: THE CHAIRMAN EXECUTED A STATE-FUNDED GRANT AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) REIMBURSING THE COUNTY UP TO $1,050,000 FOR THE DESIGN, ENGINEERING, AND PERMITTING OF THE ‘FOUR June 11, 2024 Page 216 POINTS ROUNDABOUT’ PROJECT TO CONTROL THE INTERSECTION OF IMMOKALEE ROAD AND CAMP KEAIS ROAD AND AUTHORIZED THE NECESSARY BUDGET AMENDMENTS, FPN 452825-1-34-01. (FUND 1841, PROJECT NO. 33890). (DISTRICT 5) Item #16B7 THE CHAIRMAN EXECUTED A TRANSPORTATION COORDINATION AGREEMENT WITH HOPE HOSPICE & COMMUNITY SERVICES, INC. (ALL DISTRICTS) Item #16B8 APPROVED AN AGREEMENT NO. 23-8159, “POST DESIGN SERVICES FOR STAN GOBER MEMORIAL BRIDGE REHABILITATION,” WITH STANTEC CONSULTING SERVICES, INC., IN THE AMOUNT OF $91,815, AND AUTHORIZED THE CHAIRMAN TO SIGN THE ATTACHED AGREEMENT. (PROJECT NO. 66066) (DISTRICT 1) Item #16B9 AWARDED A CONSTRUCTION INVITATION TO BID (“ITB”) NO. 23-8195, “16TH AVENUE S.W. SHOULDER IMPROVEMENTS,” TO PREFERRED MATERIALS, INC., IN THE AMOUNT OF $2,449,638.72, PROVIDE FOR AN OWNER’S ALLOWANCE OF $75,000.00 FOR POTENTIAL UNFORESEEN CONDITIONS, AND AUTHORIZED THE CHAIRMAN TO SIGN THE ATTACHED AGREEMENT. (PROJECT NUMBER NO. 60226) (DISTRICT 5) June 11, 2024 Page 217 Item #16B10 AWARDED A REQUEST FOR PROFESSIONAL SERVICES ("RPS") NO. 23-8103, THE “GOLDEN GATE CITY WATER RESOURCE PROTECTION – RESTORATION MASTER PLAN”, TO JACOBS ENGINEERING GROUP, INC., FOR A TOTAL NOT TO EXCEED THE AMOUNT OF $988,912 AND AUTHORIZED THE CHAIRMAN TO SIGN THE ATTACHED AGREEMENT. (DISTRICT 3) Item #16B11 RESOLUTION 2024-101: THE CHAIRMAN SIGNED A STATE- FUNDED GRANT AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) REIMBURSING COLLIER COUNTY UP TO $1,120,000 TO CONSTRUCT PAVED SHOULDERS AND WIDEN TRAVEL LANES ON OIL WELL ROAD FROM MILE POST (MP) 12.061 TO MP 12.703, APPROXIMATELY 0.642 MILES, FPN 452822-1- 54-01. (FUNDS 1841 & 1842, PROJECT NO. 60231) (DISTRICT 5) Item #16B12 RESOLUTION 2024-102: THE CHAIRMAN SIGNED A STATE- FUNDED GRANT AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) REIMBURSING COLLIER COUNTY UP TO $1,015,000 TO CONSTRUCT PAVED SHOULDERS AND WIDEN THE TRAVEL LANES ON OIL WELL ROAD FROM MILE POST (MP) 12.703 TO MP 13.388, APPROXIMATELY (0.685 MILES), FPN 452820-1-54-01. (FUNDS 1841 & 1842, PROJECT NO. 60231) June 11, 2024 Page 218 (DISTRICT 5) Item #16B13 RESOLUTION 2024-103: THE CHAIRMAN SIGNED A SMALL COUNTY OUTREACH PROGRAM (SCOP) STATE-FUNDED GRANT AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) REIMBURSING COLLIER COUNTY UP TO $818,575 TO CONSTRUCT PAVED SHOULDERS AND WIDEN TRAVEL LANES ON IMMOKALEE ROAD (CR 846) FROM EAST OF TRADEPORT PARKWAY TO BRIDGE NO. 034831; EXECUTED A RESOLUTION MEMORIALIZING THE BOARD’S ACTION; AND AUTHORIZED ALL NECESSARY BUDGET AMENDMENTS, FPN 451525-1-54-01. (FUND 1841, PROJECT NO. 60253) (DISTRICT 5) Item #16B14 RESOLUTION 2024-104; RESOLUTION 2024-105: APPROVED THE PUBLIC TRANSIT GRANT AGREEMENTS (PTGA) SECTION 5310 (FPN 448810-1-94-02, 451147-1-94-22, 451147-2- 94-22, AND 451147-3-94-22) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION IN THE TOTAL AMOUNT OF $973,420, FOR THE PURCHASE OF SIX PARATRANSIT CUTAWAY VEHICLES, SIX RADIOS, AND SIX TABLETS; TO ADOPT THE RESOLUTIONS APPROVING AND AUTHORIZING THE CHAIRMAN TO ACCEPT FEDERAL TRANSIT ADMINISTRATION GRANT FUNDING; AND AUTHORIZED THE NECESSARY BUDGET AMENDMENTS. (ALL DISTRICTS) June 11, 2024 Page 219 Item #16B15 – Moved to Item #11G (Per Change Sheet) Item #16C1 APPROVED A $573,400 WORK ORDER TO CONDITION AND TREAT THREE RAW WATER PRODUCTION WELLS (LTA-32, RO-10N, RO-19N) COMPRISED OF $548,400, TOGETHER WITH A $25,000 ALLOWANCE TO COVER UNFORESEEN WORK, TO WELLS & WATER SYSTEMS, INC., UNDER AGREEMENT NO. 21-7859 “WELL TESTING, DRILLING AND MAINTENANCE,” AND AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED WORK ORDER. (PROJECT NO. 70085) (ALL DISTRICTS) Item #16C2 APRROVED A $653,087.50 WORK ORDER, UNDER A REQUEST FOR QUOTATION UNDER AGREEMENT NO. 20- 7800, “UNDERGROUND CONTRACTOR SERVICES,” TO MITCHELL & STARK CONSTRUCTION COMPANY, INC., TO REPLACE INFLUENT SCREENING EQUIPMENT AT THE ORANGE TREE WASTEWATER TREATMENT PLANT, AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED WORK ORDER, AND APPROVE ALL NECESSARY BUDGET AMENDMENTS. (PROJECT NO. 70173) (DISTRICT 5) Item #16C3 APPROVED AN AFTER-THE-FACT PAYMENT IN THE AMOUNT OF$4,735.88 FROM THE OWNER’S ALLOWANCE TO QUALITYENTERPRISES, INC., FOR ADDITIONAL WORK June 11, 2024 Page 220 ASSOCIATEDWITH WORK DIRECTIVE 1, WORK ORDER/PURCHASE ORDER NO. 4500223578 GOODLAND PUMP STATION YARD PIPING IMPROVEMENTS, PHASE 1 ISSUED UNDER AGREEMENT NO. 20-7800, “UNDERGROUND CONTRACTOR SERVICES,” WHICH PROJECT HAS BEEN COMPLETED ON TIME AND TO THE SATISFACTION OF THE COUNTY. (PROJECT NO. 70276) (DISTRICT 1) Item #16C4 APPROVED A CHANGE ORDER NO. 1 TO EXTEND TASK TIMELINES FOR TASK NO. 1 AND TASK NO. 2 GRANT AGREEMENT LPA0495 WITH THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR THE “PALM RIVER PUBLIC UTILITIES RENEWAL PROJECT - AREA 4” AND AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED CHANGE ORDER. (PROJECT NO. 70257) (DISTRICT 2) Item #16D1 THE CHAIRMAN SIGNED SIX (6) MORTGAGE SATISFACTIONS FOR THE STATE HOUSING INITIATIVES PARTNERSHIP LOAN PROGRAM IN THE AMOUNT OF $88,476.83 DUE TO THE DEATH OF THE BORROWER(S). (SHIP GRANT FUND 1053) (ALL DISTRICTS) Item #16D2 APPROVED THE NECESSARY BUDGET AMENDMENT TO REFLECT THE ESTIMATED FUNDING FOR THE EMERGENCY HOME ASSISTANCE PROGRAM IN THE June 11, 2024 Page 221 AMOUNT OF $100,000 AND APPROVE A MEMORANDUM OF UNDERSTANDING (MOU) WITH CENTRO-CAMPESINO FARMWORKER CENTER. (HUMAN SERVICES GRANT FUND 1837) (ALL DISTRICTS) Item #16D3 APPOVED BUDGET AMENDMENT TO ALLOW CONTINUOUS OPERATION OF THE STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM WITH AN ANTICIPATED AWARD IN THE AMOUNT OF $3,026,866 FOR STATE FY 2024/2025. (SHIP GRANT FUND 1053) (ALL DISTRICTS) Item #16D4 APPROVED AN AFTER-THE-FACT CONTRACT AMENDMENTS FIVE AND SIX BETWEEN THE AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA INC., AND COLLIER COUNTY SERVICES FOR SENIORS EMERGENCY HOME ENERGY ASSISTANCE PROGRAM FY23 FUNDS TO REPLACE ATTACHMENT IX-BUDGET SUMMARY AND RECOGNIZE ADDITIONAL FUNDING IN THE TOTAL AMOUNT OF $1,662.15; AND AUTHORIZE THE NECESSARY BUDGET AMENDMENT. (HUMAN SERVICES GRANT FUND 1837) (ALL DISTRICTS) Item #16D5 THE CHAIRMAN SIGNED THE FOURTH AMENDMENT TO A HOME INVESTMENT PARTNERSHIPS PROGRAM SUBRECIPIENT AGREEMENT BETWEEN HABITAT FOR June 11, 2024 Page 222 HUMANITY OF COLLIER COUNTY, INC., AND COLLIER COUNTY, TO REVISE LANGUAGE, UPDATE INFORMATION, AND CLARIFY GRANTOR REQUIREMENTS. (NO FISCAL IMPACT - HOUSING GRANT FUND 1835) (ALL DISTRICTS) Item #16D6 THE CHAIRMAN SIGNED AMENDMENT TWO BETWEEN DAVID LAWRENCE MENTAL HEALTH CENTER, INC., AND COLLIER COUNTY TO REALLOCATE FUNDING FOR THE CRIMINAL JUSTICE, MENTAL HEALTH, AND SUBSTANCE ABUSE REINVESTMENT GRANT AGREEMENT (LH823). (HOUSING GRANT FUND 1835) (ALL DISTRICTS) Item #16D7 THE CHAIRMAN SIGNED EIGHT (8) MORTGAGE SATISFACTIONS FOR THE STATE HOUSING INITIATIVES PARTNERSHIP LOAN PROGRAM IN THE AMOUNT OF $121,737.86 AND TO AUTHORIZE THE ASSOCIATED BUDGET AMENDMENT TO APPROPRIATE REPAYMENT AMOUNT TOTALING $61,560.01. (SHIP GRANT FUND 1053) (ALL DISTRICTS) Item #16D8 THE BOARD OF COUNTY COMMISSIONERS, AND THE BOARD OF COUNTY COMMISSIONERS (BOARD) ACTED AS THE COMMUNITY REDEVELOPMENT AGENCY BOARD (CRA), APPROVED A $4,000,000 CAPITAL PROJECT BUDGET FOR THE RENOVATION OF THE IMMOKALEE SPORTS June 11, 2024 Page 223 COMPLEX SOCCER FIELDS, PROVIDING FOR THE CONVERSION OF TWO (2) EXISTING GRASS FIELDS TO ARTIFICIAL TURF, CONSTRUCTION OF AN ADDITIONAL RESTROOM FACILITY, ADDRESSING STORMWATER MANAGEMENT ISSUES, AND AUTHORIZING NECESSARY BUDGET AMENDMENTS. (DISTRICT 5) Item #16D9 APPROVED A REVISED FOURTH EXTENSION AND AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN COLLIER COUNTY AND THE CITY OF NAPLES GOVERNING USE OF CITY OF NAPLES BEACH PARKING FACILITIES AND PARK AND RECREATION PROGRAMS EXTENDING THE TERM TO SEPTEMBER 30, 2024, AND AUTHORIZE THE CHAIR TO SIGN THE CITY OF NAPLES MODIFIED 4TH AMENDMENT. (ALL DISTRICTS) Item #16E1- (Continue to the June 25, 2024, BCC Meeting) THE CHAIRMAN SIGNED A MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN COLLIER COUNTY AND MHP BEMBRIDGE, LLC, TO FURTHER AFFORDABLE HOUSING INITIATIVES THROUGH A $893,826.24 IMPACT FEE LOAN; AUTHORIZE USING FEDERAL STATE AND LOCAL FISCAL RECOVERY FUNDS TO REIMBURSE THE AFFORDABLE WORKFORCE HOUSING (1075) FUND IN THE AMOUNT OF $893,826.24; AUTHORIZE ALL ASSOCIATED BUDGET AMENDMENTS; AND AUTHORIZE THE CHAIRMAN TO EXECUTE ALL RELATED LOAN DOCUMENTS. (FISCAL IMPACT $893,826.24, FUND 1075) (ALL DISTRICTS) June 11, 2024 Page 224 Item #16F1 RESOLUTION 2024-106: A RESOLUTION ADOPTING AMENDMENTS (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) Item #16F2 APPROVED AN AWARD REQUEST FOR PROPOSAL (“RFP”) NO. 23-8180, “TOURISM FULFILLMENT SERVICES,” FOR THREE YEARS TO PARALEGAL CONSULTANTS, LLC, D/B/A PRISM CONSULTING, FOR A CONTRACTUAL AMOUNT OF $162,000 (YEARLY AMOUNT OF $54,000) PLUS REIMBURSABLE EXPENDITURES, AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED AGREEMENT, AND MAKE A FINDING THAT THE RELATED EXPENDITURE PROMOTES TOURISM. (ALL DISTRICTS) Item #16F3 APPROVED AN AFTER-THE-FACT TOTAL INVOICE AMOUNT OF $3,780.47 TO REV-RTC FOR PARTS RECEIVED WITH A FINAL PAYMENT AMOUNT TO THE VENDOR OF $2,142.47 AFTER RECEIPT OF A CREDIT MEMO. (ALL DISTRICTS) June 11, 2024 Page 225 Item #16F4 APPROVED A LEASE AGREEMENT BETWEEN COLLIER COUNTY AND PATRIOT PLACE TRUST, FOR CONTINUED OCCUPANCY OF THE SHERIFF’S OFFICE DISTRICT 5 SUBSTATION LOCATED AT 13245 TAMIAMI TRAIL EAST. (DISTRICT 1) Item #16G1 APPROVED A BUDGET AMENDMENT TO REALLOCATE $100,000 OF REMAINING CAPITAL FUNDS FROM THE COMPLETED RUNWAY 18-36 REHABILITATION CAPITAL PROJECT AT THE IMMOKALEE REGIONAL AIRPORT (IMM) TO THE EVERGLADES AIRPARK (X01) TO COMPLETE CULVERT REPAIRS. (DISTRICT 5) Item #16G2 – (Continued from The May 28, 2024, BCC Meeting) THE BOARD OF COUNTY COMMISSIONERS, ACTING AS THE AIRPORT AUTHORITY, AWARDED SOLICITATION NO. 23-8080 “IMMOKALEE REGIONAL AIRPORT HANGAR/COMMERCIAL AERONAUTICAL DEVELOPMENT- PARCELS A & E,” AUTHORIZED ITS CHAIRMAN TO EXECUTE THE ATTACHED LEASE AGREEMENT WITH QUALITY ENTERPRISES USA, INC., AND APPROVED THE TERMINATION LETTER FOR RTH ENTERPRISE, INC. (DISTRICT 5) Item #16G3 June 11, 2024 Page 226 RESOLUTION 2024-107: ADOPTED A RESOLUTION AUTHORIZING EXECUTION OF THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) PUBLIC TRANSPORTATION GRANT AGREEMENT (PTGA) NUMBER G2Y90 IN THE AMOUNT OF $199,100 FOR THE IMMOKALEE REGIONAL AIRPORT (IMM) FOR THE PURCHASE AND INSTALLATION OF AN EMERGENCY GENERATOR, AUTHORIZED THE CHAIR TO SIGN THE GRANT AGREEMENT AND AUTHORIZE ALL NECESSARY BUDGET AMENDMENTS. (AIRPORT GRANT FUND 4093 AND AIRPORT GRANT MATCH FUND 4094) (DISTRICT 5) Item #16J1 APPROVED A BUDGET AMENDMENT RECOGNIZING $1,844,000 IN REVENUES AND EXPENDITURES IN THE SHERIFF'S OFFICE FY 2024 GENERAL FUND BUDGET. (ALL DISTRICTS) 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 $31,716,756.20 WERE DRAWN FOR THE PERIODS BETWEEN MAY 16, 2024, AND MAY 29, 2024, PURSUANT TO FLORIDA STATUTE 136.06. (ALL DISTRICTS) Item #16J3 June 11, 2024 Page 227 THE BOARD APPROVED AND DETERMINED VALID PUBLIC PURPOSE FOR INVOICES PAYABLE AND PURCHASING CARD TRANSACTIONS AS OF JUNE 5, 2024 (ALL DISTRICTS) Item #16K1 RESOLUTION 2024-108: REAPPOINTED THREE MEMBERS TO THE CONTRACTORS LICENSING BOARD. (ALL DISTRICTS) – APPOINTING RICHARD E JOSLIN, TERRY JERULLE AND MATTHEW NOLTON, WITH TERMS EXPIRING ON JUNE 30, 2027 Item #16K2 RESOLUTION 2024-109, RESOLUTION 2024-110: EXTENDED THE SUNSET DATE FOR THE COASTAL STORM RISK MANAGEMENT FEASIBILITY STUDY AD HOC ADVISORY COMMITTEE AND DECLARE A VACANCY. (DISTRICT 1, DISTRICT 2, DISTRICT 4) Item #16K3 RESOLUTION 2024-111: APPOINTED BENITA STAADECKER TO THE PUBLIC TRANSIT ADVISORY COMMITTEE. (ALL DISTRICTS) (29036) – WITH TERM EXPIRING ON MARCH 22, 2027 Item #16K4 APPROVED A $24,408.52 FULL VALUE SETTLEMENT WITH June 11, 2024 Page 228 SCOTT COMMERCIAL CONTRACTING, LLC, FOR DAMAGES CAUSED TO A 16-INCH POTABLE WATER MAIN NEAR THE INTERSECTION OF TAMIAMI TRAIL NORTH (U.S. 41), 107TH AVENUE NORTH AND CREEKSIDE BOULEVARD, FOR COUNTY COURT CASE NO. 24-CC-0443; AND AUTHORIZE THE CHAIRMAN TO EXECUTE A STANDARD FORM RELEASE. (ALL DISTRICTS) Item #16K5 RESOLUTION 2024-112: EXTENDED THE SUNSET DATE FOR THE EAST OF 951 AD HOC ADVISORY COMMITTEE. (DISTRICT 3, DISTRICT 5) Item #16K6 RESOLUTION 2024-113: DECLARED A VACANCY ON THE GOLDEN GATE BEAUTIFICATION MSTU ADVISORY COMMITTEE. (ALL DISTRICTS) Item #16K7 RESOLUTION 2024-114: DECLARED A VACANCY ON THE CODE ENFORCEMENT BOARD. (ALL DISTRICTS) Item #17A – Moved to Item #9B (Per Change Sheet) Item #17B ORDINANCE 2024-27: AN AMENDMENT OF THE COLLIER COUNTY ORDINANCE NO. 72-1, AS AMENDED, THE June 11, 2024 Page 229 COLLIER COUNTY LIGHTING DISTRICT ORDINANCE, TO INCLUDE MISSION HILLS DRIVE, BUCKSTONE DRIVE, AND PRISTINE DRIVE IN THE COLLIER COUNTY LIGHTING DISTRICT, FOR THE BENEFIT OF SURROUNDING RESIDENTIAL SUBDIVISIONS INCLUDING BLACK BEAR RIDGE, SONOMA OAKS, RAFFIA PRESERVE, VANDERBILT RESERVE, FALLS OF PORTOFINO CONDOMINIUM, THE MISSION HILLS SHOPPING CENTER AND VANDERBILT COMMONS COMMERCIAL DEVELOPMENTS, AND THE REMAINING COMMERCIAL PARCELS LOCATED ON THE NORTHWEST CORNER OF THE INTERSECTION OF VANDERBILT BEACH ROAD AND COLLIER BOULEVARD, LYING IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST. (DISTRICT 3) Item #17C ORDINANCE 2024-28: AN ORDINANCE AMENDING THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, SPECIFICALLY AMENDING THE FUTURE LAND USE MAP TO CHANGE THE LAND USE PLANNING PERIOD TO 2024- 2050 AND DIRECTING TRANSMITTAL OF THE ADOPTION AMENDMENT TO THE FLORIDA DEPARTMENT OF COMMERCE. PL20220006512 - FUTURE LAND USE MAP EXTENSION GMPA (ALL DISTRICTS) June 11, 2024 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 4:26 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL CHRIS LL, CHAIRM N ATTEST CRYSTAL K..KINZEL, CLERK . ,./4/ _ '%) r 9 < L6 6,:, ntoah1,14 These minutes aP'pyived by the Board on t l'/a9f zy as presented or as corrected . TRANSCRIPT PREPARED ON BEHALF OF FORT MYERS COURT REPORTING BY TERRI L. LEWIS, REGISTERED PROFESSIONAL COURT REPORTER, FPR-C, AND NOTARY PUBLIC. Page 231