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Agenda 11/12/2024 Item # 2B (Minutes from September 24, 2024)September 24,2024 Page 1 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, September 24, 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 William L. McDaniel, Jr. Burt L. Saunders ALSO PRESENT: Amy Patterson, County Manager Jeffrey A. Klatzkow, County Attorney Derek Johnssen, Clerk's Office Crystal K. Kinzel, Clerk Troy Miller, Communications & Customer Relations Page 16 of 5419 September 24,2024 Page 2 MS. PATTERSON: Chair, you have a live mic. CHAIRMAN HALL: Good morning, everyone. Welcome to the BCC meeting. We have a full agenda today. We're going to get some -- we're going to get some work done today. I just want to remind everyone to please silence your cell phone if you have -- if you have not, and if you're signed up to public speak, you've got three minutes to do so. At the two-and-a-half minute mark, the yellow light will go off, and when the red light goes off, we're going to do the next speaker, so be prepared for that. We have a lot -- we have a lot to do today. Looking forward to it. And with that, let's get started with the Lord. Item #1A INVOCATION BY PASTOR HEATH JARVIS - FAITH CHURCH NAPLES; PLEDGE OF ALLEGIANCE: BEN MANGO INVOCATION GIVEN MS. PATTERSON: Commissioners, we have our invocation led today by Pastor Heath Jarvis from Faith Church, Naples, followed by the Pledge of Allegiance, Mr. Ben Mango, 97 years young, Army 1946 to 1949, glider, antitank, and airborne training for potential action, Russia, and he says he's thankful that he didn't see action but perhaps Patton was right. PASTOR JARVIS: Good morning. Everyone, please pray. Father in heaven, we thank you for this opportunity to come together today as the leadership of Collier County. We are so thankful and so blessed, Lord, to live in one of the most beautiful places on earth. First of all, Lord, we want to pray for protection for all of those who are in the path of Hurricane Helene. Lord, we ask Page 17 of 5419 September 24,2024 Page 3 you to lead and guide people to safety and also help people to prepare for what's -- for what's coming ahead. Now, Lord, today there's going to be issues that are presented that many people here have emotional investment in, so I pray that a spirit of peace and understanding falls over this -- all over this place as ideas are presented and discussed. And, more importantly, Lord, I pray that only the ideas which line up with your will will receive any implementation. In short, Lord, I ask that you do what you do best, make crooked paths straight, open the eyes and ears of those who can't see and hear, shut the mouths of lions, and let your will be done on earth as it is in heaven. And I pray this in the name of Jesus, amen. (The Pledge of Allegiance was recited in unison.) Item #2A APPROVAL OF TODAY'S REGULAR, CONSENT AND SUMMARY AGENDA AS AMENDED (EX PARTE DISCLOSURE PROVIDED BY COMMISSION MEMBERS FOR CONSENT AGENDA.) - ITEM #16B6 CONTINUED TO FUTURE MEETING, MOTION TO APPROVE AND/OR ADOPT BY COMMISSIONER KOWAL; SECONDED BY COMMISSIONER SAUNDERS – APPROVED AND/OR ADOPTED MS. PATTERSON: Commissioners, agenda changes for September 24th, 2024. First is to move Item 17A to 9F. This is a placement issue, as it has companion items on the regular agenda. This is a recommendation to approve VAC-PL20230007642 to disclaim, renounce, and vacate the county and public interest in the 10-foot-wide public road right-of-way easement over the westerly Page 18 of 5419 September 24,2024 Page 4 10 feet of Tract A-1 as described in Official Record Book 1476, Page 242, of the public records of Collier County, Florida, located approximately 2,000 feet south of Immokalee Road and 1,000 feet west of Richards Street in Section 25, Township 48 South, Range 26 East, Collier County, Florida. This is being moved at staff's request, and this will become Item 9F. Second is to move Item 16A2 to 11H. This is a recommendation to approve an agreement for sale and purchase under the Conservation Collier Land Acquisition Program with Mark Radel for a 1.14-acre parcel at a cost of $33,060, and Kausil Seepersad, for a 1.14-acre parcel at a cost of $24,910, for a total cost not to exceed 61,020, inclusive of closing costs. This item is being moved at Commissioner LoCastro's request. Item 11B will be heard at 10 a.m. This is a recommendation to receive additional information regarding intersection safety and countermeasures that may assist in reducing red light running. This is being brought to the agenda by Commissioner Saunders. We do have an add-on item, that is 5A. This is an update on potential Tropical Cyclone 9 from Dan Summers. And a couple of notes. Item 9D is a companion of Item 9E. Those are actually both coming up on a future agenda. The signal -- I'm sorry. The signed fourth extension for Item 16F4, an amendment, was after the agenda was published. And in addition, Item 16F1, we added Commissioner McDaniel's performance evaluation after the agenda was published, but it has been made part of the public record. With that, we have court reporter breaks at 10:30 and again at 2:50. And, County Attorney. MR. KLATZKOW: Nothing, thank you. MS. PATTERSON: Commissioners, ex parte on the consent Page 19 of 5419 September 24,2024 Page 5 agenda and summary as well as any other changes. CHAIRMAN HALL: Commissioner Kowal. COMMISSIONER KOWAL: I have no changes, but I do have e-mails on Item 17C on the summary. CHAIRMAN HALL: Commissioner Saunders. COMMISSIONER SAUNDERS: Mr. Chairman, on the ex parte -- there were quite a few, so I just want to make sure I'm not missing one. On Item 17E, I had some telephone calls. This is the Golden Gate Golf Course Mixed-Use Planned Unit Development. And no other disclosure. Mr. Chairman, I do have a flurry of e-mails in reference to Item 16B6, and I think there are speakers, so I don't know what we want to do with that. CHAIRMAN HALL: We're going to do that here in just a second. COMMISSIONER SAUNDERS: Okay. Other than -- getting back to that item, I have no other changes. CHAIRMAN HALL: Great. Commissioner McDaniel. COMMISSIONER McDANIEL: Good morning, Mr. Chair. I, as well, have ex parte, meetings and e-mails, on 17E. You want to manage 16B6 now, or do you want to -- do you want to go through the rest of us? CHAIRMAN HALL: I've got one change that I want to bring to the agenda, and then we'll do the public -- we'll do the public comment for 16B. COMMISSIONER McDANIEL: Well, I -- my thought was if we were of the mood to continue 16B6 and have it come back as an actual public hearing, we could -- we could necessarily hear from everybody that was interested in that one and actually have a hearing on it. I wasn't really interested in doing it today but continuing that Page 20 of 5419 September 24,2024 Page 6 item. CHAIRMAN HALL: Troy, how many speakers do we have on 16B6? MR. MILLER: I have three in the room and two on Zoom. CHAIRMAN HALL: We'll just do that today, then. COMMISSIONER McDANIEL: Okay. We want to move it up, or do you want to -- CHAIRMAN HALL: Yeah, I'll pull it. COMMISSIONER McDANIEL: Okay. CHAIRMAN HALL: Commissioner LoCastro. COMMISSIONER LoCASTRO: Okay. My consent and summary, I have actually -- I actually had a short meeting on 17A because I had a question about it, and on 17E, I had meetings and e-mails, and on 17F I had a meeting. CHAIRMAN HALL: And I have meetings on 17A as well and no other ex parte. And if it would please the Board, I would like to entertain bringing with a -- to have some discussion on 16D5. That's the 1.7 million for David Lawrence Center, to pull that off and bring it up. MS. PATTERSON: Yes, sir. I believe that makes that Item 11I. CHAIRMAN HALL: 11I? MS. PATTERSON: Yes, sir. CHAIRMAN HALL: All right. Troy, let's get to the public comment on the consent agenda. MR. MILLER: Yes, sir. 16B6, your first speaker is Trent Waterhouse. He'll be followed by Tony D'Errico. MR. D'ERRICO: Other way around. CHAIRMAN HALL: Other way around. MR. D'ERRICO: Thank you. Good morning, Commissioners. My name is Tony D'Errico. I am the president of Pelican Bay Page 21 of 5419 September 24,2024 Page 7 Foundation. We were surprised to learn that Item 16B6 was placed on your consent agenda this morning. This action is counter to what was previously communicated to the Foundation and we believe is a direct violation of a PUD ordinance under Section 12.03, requiring a public hearing on the matter. While we fully understand that the county may or may not be swayed by the wishes of the affected parties, on behalf of my board of directors and the 15,000 residents that reside in Pelican Bay, I respectfully request that this item is removed from the consent agenda and duly -- and heard at a duly noticed public meeting. Thank you for your service to the community, and I cede the remainder of my time to Trent Waterhouse. MR. WATERHOUSE: Good morning, Commissioners. Good to see you again. I'm here today requesting Item 16B6 be removed from today's consent agenda. It's a recommendation from county transportation to install a connection between Seagate Drive and Crayton Road, which would create the 12th public entrance into Pelican Bay. Commissioner Hall, you've previously referred to this new bicycle path as fixing a safety issue. It actually creates a larger safety issue by directing cyclists down Crayton Road in Pelican Bay, which has no bicycle sharrows, no bicycle path, no yellow center line, no stop signs, and no traffic lights due to how narrow that road is. This is the only road to exit Pelican Bay for the cars from 900 residents who live along this stretch of Crayton Road. The safest bike path to use is Myra Janco Daniels Boulevard. It is two-tenths of a mile further east. This route has bike sharrows and the necessary traffic lights and stop signs to ensure safe turns for bicyclists and motorist as they share the road. MJD is already used Page 22 of 5419 September 24,2024 Page 8 by Naples Pathway Coalition, Naples Velo Cycling groups, and Commissioner Hall himself. The MJD bike route has no incremental cost to Collier County and is supported by the surrounding churches, residents, and commercial neighbors. Pelican Bay fully supports bicycle and pedestrian safety, security, and stewardship within our three square miles of the PUD; however, there are 14 organizations that remain opposed to this new bike pathway as they were in May of 2024: The Pelican Bay Foundation, $8 billion in property tax value, 70 percent of those property tax revenues that go to the general Collier County fund; the Pelican Bay Presidents Council representing our 90 neighborhood associations; the Pelican Bay Property Owners Association with 3,000 residents and 1,200 registered voters who are concerned about their property rights and their property valuations; the Pelican Bay Services Division who is responsible for the management of the Pelican Bay Natural Resource Protection Area; Artis-Naples; the Naples Grande Resort. This pathway will be intersected by their new building that is planned. There is also a permissive use easement issue; the Naples United Church of Christ; Seagate Elementary School; St. Williams Church; Waterside Shops; Naples City Council, who is discouraging more bicycle traffic on the narrow neighborhood streets west of U.S. 41; the Collier MPO Bicycle/Pedestrian Advisory Council which supports Livingston Road as north/south route; the Seagate Neighborhood Association; and the Parkshore Neighborhood Association. Collier County Ordinance 04-59 passed and duly opted on the 21st of September in 2004 states, "Rights-of-way for the extension of Crayton Road into Pelican Bay shall be dedicated as part of platting; however, the construction of the Crayton Road connection shall not be authorized until a public hearing is held with due public notice to receive input from surrounding property owners." Page 23 of 5419 September 24,2024 Page 9 No such properly noticed public meeting has been held, nor has any independent traffic study been conducted to document and validate the safety issue commented on by Commissioner Hall. No environmental study, noise study, or financial feasibility study has been completed. On March 2024, Collier MPO Bicycle Pedestrian Advisory Committee survey does not list Seagate/Crayton intersection as an urgent need for safety improvements. Gopher tortoise, little blue heron, and Red-cockaded Woodpecker are protected species documented within the Natural Resource Protection Area. As part of Pelican Bay's unique environmental stewardship duties, the Foundation has been vigilant in preserving its legal right to protect and preserve the NRPA, and the Florida Department of Environmental Protection has acknowledged its legal right to do so. Please remove Item 16B6 from today's consent agenda. CHAIRMAN HALL: Thank you, Mr. Waterhouse. MR. WATERHOUSE: Thank you for everything you do to keep Collier County the best place to work and play. MR. MILLER: Your next speaker is Scott Schultz. He'll be followed on Zoom by Susan O'Brien. I'd like to remind our Zoom speakers, when you're prompted to unmute, please do so promptly. MR. SCHULTZ: Good morning, Commissioners. I appreciate the time to visit with you here. I'm not coming to speak about the Collier County Coastal Storm Risk Management Ad Hoc Advisory Committee, which is a mouthful, but I am here to join the folks in Pelican Bay in regards to the bike path. I live right around the corner from that, and that is a nasty intersection when season comes. The people from out of town, they come rolling in and just don't pay attention to stop signs whatsoever. Page 24 of 5419 September 24,2024 Page 10 Now, you have people in my building in particular that are getting up in years, 80, 85, and they still drive, but they're sort of blinded at night with shadows between 5 and 6. I went personally and walked the territory where this bike path is going to be. I was told by a commissioner that the wear on the one side was much too so that it needs to be a sidewalk. I looked at that totally different. The people that come buzzing through that cul-de-sac area could simply just go to the left and exit through the parking lot. But by going up that hill, they're going to have to go over these roots of two trees that are huge that are going to have to be cut down if you want to put a sidewalk there. So you've got a number of issues. You can see that there's no wear on the street side -- wear, w-e-a-r -- on the street side on Seagate Drive. You can't -- you can't see it, but I understand that it's there. It wasn't long ago that I approached Commissioner Kowal about that same intersection, as he's my commissioner. It pertains to putting up a light, a light signal. It was explained to me why that was not practical nor feasible, and I respect that. But there should be better markings, because there are a lot of senior citizens back there. In my building alone, there's 93 residents, and right now there's only 11 in the building. So we would be able to get a whole lot more bodies here when season comes into play. So I would encourage you to take this off the agenda for today and have a separate hearing on it, and I thank you for your time and consideration. COMMISSIONER McDANIEL: Could I ask a quick question? CHAIRMAN HALL: Sure. COMMISSIONER McDANIEL: Unrelated to what you just got done talking about, you made mention when we spoke yesterday about a prepayment that's already been accomplished by the folks Page 25 of 5419 September 24,2024 Page 11 that live in your subdivision about the burying of the power lines. Can we ask that staff do a look into that with FPL to find out why that hasn't been accomplished? If I heard you correctly, there was quite a bit of money that was already paid for the -- for the relocation of those power lines, and it's not yet accomplished, nor have we heard any reason why. MR. SCHULTZ: That is correct, and we had -- there was a vote on the ballot for all the residents that live back in Naples Cay and Seagate, and -- unanimous. It's like 70 percent, so it's not quite unanimous, but close, as it pertains to that. COMMISSIONER McDANIEL: I don't want to belabor that point. MR. SCHULTZ: We paid $4,000. COMMISSIONER McDANIEL: I don't want to belabor the point. I just want to give direction to staff to look into it and get us a report back. MR. SCHULTZ: Thank you. We've prepaid already, so, again, thank you for your time. MR. MILLER: Your next speaker on Zoom is Susan O'Brien. She will be followed also on Zoom by Elizabeth Schultz. Susan, you're being prompted to unmute yourself, if you'll do so at this time. There you are you. Well, you keep unmuting and then re-muting. We'll give this one more shot, Susan. There you go. Are you ready? MS. O'BRIEN: Yes. Thank you. Good morning, Commissioners. As you know, Commissioner Hall proposed constructing a bike path at Crayton Road and Seagate Drive months ago. The Pelican Bay community pushed back on this proposal because it was being sought by a dozen or so cyclists, including Commissioner Hall, who were seeking a shortcut through Pelican Bay, and also, this bike path Page 26 of 5419 September 24,2024 Page 12 was not part of Collier County's short- or long-term plans to improve bike safety in the county. The proposal was withdrawn. Now, with 80 percent of Pelican Bay residents not in Naples, Commissioner Hall has placed this proposal on the consent agenda. Please request that this item be removed from the consent agenda and placed as a regular agenda item on a BCC meeting during the upcoming season so all interested Pelican Bay members will have an opportunity to speak before the BCC takes action. One of the strengths of this BCC is your commitment to allow those most affected by your decisions an opportunity to speak at your public meetings before you take action. Please continue this citizen-friendly practice by rescheduling this agenda item. Thank you very much. MR. MILLER: Your next and final speaker on this item is Elizabeth Schultz. Elizabeth, you're being prompted to unmute yourself, if you'll do so at this time. Elizabeth, you have three minutes. MS. SCHULTZ: Hello. Hello, good morning. My name is Elizabeth Schultz. I am president of the Pelican Bay Property Owners Association, and we approximately have 1,200 members, and we are getting an overwhelming response in the spring and now at this time of members that are opposed to the opening of this pathway. We are asking that the BCC please remove this from the agenda today until a public hearing can be held. Thank you. MR. MILLER: All right. We've had one other speaker join here, Mr. -- Chairman Hall. Anne Georger-Harris. Anne, you're being prompted to unmute yourself, if you'll do so at this time. Anne, you have three minutes. MS. GEORGER-HARRIS: Hi, this is Anne Georger-Harris, and I want to just say that this is not a good time to be considering something that is so impactful for Pelican Bay residents. Pelican Page 27 of 5419 September 24,2024 Page 13 Bay residents are not in attendance. I am the vice president of the Pelican Bay Property Owners Association, and I was only made aware of this item being on the agenda yesterday. I just had not noticed it on the BCC agenda. So there's others that don't know that it was on the agenda, too. I'm not the only person that doesn't know. So I'm just -- what I'm saying is I think we need to sincerely and absolutely take that item off the consent agenda and go with the proposition -- the proposal or the situation in our PUD which provides for that not open -- being opened up unless there's a public hearing. I'm unaware of there ever having been a public hearing. I think we need to have a public hearing, and I think that's the way to do it, and I think the public hearing should be scheduled sometime January through March when we have -- the majority of Pelican Bay residents are in attendance. Thank you very much. MR. MILLER: And that concludes our public speakers on Item 16B6. CHAIRMAN HALL: Great. So thank you for the speakers. And when I brought this forward, I wasn't trying to ramrod anything. To me, it's common sense. And instead of getting into it right now, I think we will just go ahead and postpone this, if it's fine with everybody else, and bring it back to a public hearing. We can have full discussion, full disclosure. COMMISSIONER McDANIEL: In November. CHAIRMAN HALL: In November is not going to happen, because you're going to be hunting. COMMISSIONER McDANIEL: It's -- that's an incorrect statement. It is an environmental wildlife survey. CHAIRMAN HALL: There we go. But, no, I'll bring it back, Page 28 of 5419 September 24,2024 Page 14 and we'll have a full discussion on one condition, that the people of Pelican Bay can treat this with respect and dignity, and we'll listen to everything -- I've never been treated more rudely in the two years that I've been here when I had my town hall. If they can commit to that, I'll commit to postpone this and bring it back, and we'll have a great discussion instead of a mean-spirited, accusatory -- you know, we're going to sit up here and listen, but you have a chance to be effective, and you also have a chance to be ineffective. So with that, County Manager, let's just strike this from the consent agenda today, and we'll bring this back at a later date when everybody's here, and we can have a good discussion. MS. PATTERSON: Yes, sir. We'll continue to a future meeting. One other housekeeping matter. When commissioner -- or when Dan -- sorry. Ooh, I just promoted him. When Director Summers comes up to give his presentation on the potential storm, we do have an emergency -- a local state of emergency prepared for your discussion. So County Attorney Klatzkow, if you could just advise the Board of the procedure for that so that we don't have to reconvene another meeting. MR. KLATZKOW: Well, the process is that you find enough reasons to declare the emergency declaration. We would also have companion items to that for looting and what have you. It should be, like, four or five documents. I would suggest we do it today because, otherwise, if this hurricane changes course, we're going to have to bring you in. MS. PATTERSON: So Mr. Summers has been working on those. We'll be able to address that as part of his presentation, but we want to make that note for the record so that when we approve the changes to the agenda, that's also noted. Page 29 of 5419 September 24,2024 Page 15 And with that -- CHAIRMAN HALL: Can I get a motion to approve the consent agenda as changed -- as amended? COMMISSIONER KOWAL: So moved. COMMISSIONER LoCASTRO: Second. CHAIRMAN HALL: Moved and seconded. All in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN HALL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN HALL: Opposed? (No response.) CHAIRMAN HALL: So moved. Page 30 of 5419 September 24,2024 Page 16 Items #2B, #2C, and #2D AUGUST 13, 2024, BCC MEETING MINUTES, AUGUST 27, 2024, BCC MEETING MINUTES, AND SEPTEMBER 5, 2024, BCC BUDGET HEARING MINUTES - MOTION TO APPROVE AS PRESENTED BY COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER LOCASTRO – APPROVED MS. PATTERSON: Commissioners, if you'd like to take the minutes of 2A, 2B, and 2C. So that's the August 13th, 2024, BCC minutes; August 27th, 2024, BCC minutes; and the September 5th, 2024, BCC budget hearing minutes, if you'd like to take them as one motion. COMMISSIONER McDANIEL: All at once, I'll make a motion. COMMISSIONER LoCASTRO: Second. CHAIRMAN HALL: Moved and seconded. All in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN HALL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN HALL: Opposed? (No response.) Item #3A1a 20 YEAR ATTENDEE - ALINA GONZALEZ- FACILITIES MANAGEMENT – PRESENTED Page 31 of 5419 September 24,2024 Page 17 MS. PATTERSON: Very good, that brings us to Item 3, awards and recognitions. We have several employees here today. Our first employee, a 20-year attendee, is Alina Gonzalez from Facilities Management. Congratulations. (Applause.) Item #3A1b TWENTY-FIVE YEAR ATTENDEE - MICHAEL STONE - ROAD, BRIDGE, AND STORMWATER MAINTENANCE – PRESENTED MS. PATTERSON: Twenty-five years, Michael Stone, Road, Bridge, and Stormwater Maintenance. Congratulations. (Applause.) COMMISSIONER LoCASTRO: You might be busy this week. COMMISSIONER McDANIEL: Get your diesel loaded up. (Applause.) ITEM #3A1C 30 YEAR ATTENDEES - MICHAEL OSSORIO- PARKS & RECREATION – PRESENTED MS. PATTERSON: Our 30-year awardee is somebody we all know and love, Mike Ossorio, Parks and Recreation. Congratulations. (Applause.) COMMISSIONER LoCASTRO: Go, Navy. I thought we fired you. (Applause.) Page 32 of 5419 September 24,2024 Page 18 Item #4A PROCLAMATION DESIGNATING OCTOBER 11TH, 2024, AS BIG CYPRESS NATIONAL PRESERVE DAY – MOTION TO ADOPT BY COMMISSIONER SAUNDERS; SECONDED BY COMMISSIONER MCDANIEL – ADOPTED MS. PATTERSON: Commissioners, that brings us to Item 4, proclamations. Item 4A is a proclamation designating October 11th, 2024, as Big Cypress National Preserve Day. It will be accepted by Tom Forsyth, Big Cypress National Preserve superintendent. Congratulations. (Applause.) COMMISSIONER McDANIEL: If you'll let me go off road, I'll bring my buggy. MR. FORSYTH: How do you turn -- oh, we're good, okay. Whenever you want to, Bill, come on down. COMMISSIONER McDANIEL: Okay. MR. FORSYTH: I'd like to say thank you to the commissioners for recognizing 50 years of protecting and stewarding this public land. As a unit of the National Park Service, Big Cypress National Preserve, 730,000 acres largely within Collier County, home of the Florida panther, tip of the spear on the research on the python, and just a good place to go hang out on an airboat or a swamp buggy or maybe do some wildlife surveys. We have a big celebration going on this fall, so we invite all of you and all the Collier County residents to come out and visit us, whether it's night sky programs with our rangers or the Swamp Heritage Festival, which is going to be a big good time. So I invite all of you to come out, find the park that's in your Page 33 of 5419 September 24,2024 Page 19 backyard, unit of the National Park Service, Big Cypress National Preserve. Thank the commissioners once again for this proclamation recognizing the 50th anniversary. Appreciate you guys. Thank you for what you do. (Applause.) Item #4B PROCLAMATION RECOGNIZING 25 YEARS OF SERVICE AND ACHIEVEMENT OF THE COLLIER COUNTY ADULT FELONY DRUG COURT - MOTION TO ADOPT BY COMMISSIONER SAUNDERS; SECONDED BY COMMISSIONER MCDANIEL – ADOPTED MS. PATTERSON: Item 4B is a proclamation recognizing 25 years of service and achievement of the Collier County Adult Felony Drug Court to be accepted by Judge Janeice Martin, presiding judge. Congratulations. (Applause.) JUDGE MARTIN: Commissioners, Ms. County Manager, good morning. And I know you-all have a lot today, so I'll keep it very brief. But thank you-all so much for the proclamation and the recognition, and thank you-all, those of you who were able to join us last Tuesday for the celebration. It meant the world to all of the moms and dads and sons and daughters and brothers and sisters, employees and employers that we have served over our 25 years in trying to turn their lives around and become productive members of our community. Your support means the world to all of us, and so we thank you for that continued support. Page 34 of 5419 September 24,2024 Page 20 (Applause.) MS. PATTERSON: Commissioners, if we could get a motion to accept the proclamations. COMMISSIONER SAUNDERS: So moved. COMMISSIONER McDANIEL: Second. CHAIRMAN HALL: Moved and seconded to accept the proclamations. All in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN HALL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. Item #5A UPDATE ON POTENTIAL TROPICAL CYCLONE NINE FROM DAN SUMMERS – PRESENTED MS. PATTERSON: Very good. That brings us to Item -- our add-on Item 5A. This is an update on potential Tropical Cyclone 9 from Dan Summers, your director of Emergency Management. MR. SUMMERS: Commissioners, good morning. For the record, Dan Summers, director of Emergency Management. And before I kick off our discussion, real quick, I want to take a minute and thank the Emergency Management team. We just finished, Saturday, a relocation to our Logistics Support Center at the Emergency Services Center. Now, we borrowed a lot of help and favors and friends to help get that relocation done concurrently with making sure that we have a high-readiness posture for the remainder of the hurricane season. So a big thanks to my team and the facilities team, project Page 35 of 5419 September 24,2024 Page 21 management team that helped us get into that facility. It's not quite ready for prime time yet, you know, when you unload and move boxes, but we'll have our work finished soon, and we'll have you over to show the success and the new capability that Collier County has. So a big thank you for that. Let's jump right in. Just a couple of things I want to highlight. I want to just go over lifelines with you real quick. The State of Florida governor, Governor DeSantis, did declare a local -- I'm sorry -- an executive order for about 37-some counties involved with potential Hurricane Helene. Some timeline issues, obviously, we like to discuss stormwater. Ms. Lisa Koehler is here as well as Trinity to discuss stormwater operations, and then we'll talk a little bit about general operational concerns. There are placeholders here for the Sheriff, for the school system, Utilities, Florida Department of Health, or municipalities, if there's anything they would like to add to the discussion, and, of course, as County Attorney Klatzkow said, a recommendation to move forward with a local state of emergency. Our community lifelines, I introduced this the last time that we met, I believe, during Hurricane Debby. Just to let you know that basically our badges here -- our merit badges are all green meaning that things are operational. Energy, power, and fuel is just something we're going to monitor carefully here for the next week or so. We've already engaged in discussions with Florida Power & Light who now has 7,000 personnel in staging for this event. Food and water, everything is normal operations; however -- and we'll talk about the storm track associated with this discussion. But right now it is my continued hope -- we know hope's not a planning strategy, but it's our continued hope that this forecast allows us an opportunity not to open shelters, not to have mandatory evacuations, et cetera. It doesn't mean that we're not going to be subject to some Page 36 of 5419 September 24,2024 Page 22 storm surge discussions, obviously, but hopefully, because of lower wind speeds and the present track -- and, again, everything has an asterisk or a question mark at this point, but hopefully this becomes an event that does not have direct impact to Southwest Florida. Moving on. All of our medical systems are in good shape. We've spoken with our hospital partners, our Florida Department of Health. So everything is green in that area and, as you might expect, some transportation delays in the next few days. We'll see how that all plays out. Governor DeSantis declared the -- issued the executive order yesterday. Collier County is included in that, and we've been in very close coordination, calls with the state EOC twice a day, on making sure that resources and opportunities for tactical movement were in place. I'm very pleased with the State of Florida's response at this point with contractors as well as Guard resources being readily available. There is a big discussion of a lot of the east coast counties, if they're not impacted, as well as some of us that might get by without any impacts, making sure that some of our rural counties and fiscally constrained counties can request some future aid from local government units, as we have typically done. We started the discussion on the 23rd. The advisories continue. As you know, we got the tropical storm watches issued yesterday. We continue to watch the radar. The big fear, obviously, is the opportunity for this storm to escalate quickly, not only in forward motion, but intensity as well as breadth, and we'll see how that track continues to hold. Again, our rule of thumb is we're going to monitor the track. A forecast is a forecast is a forecast. But, historically, we know that if we see even little shifts in this storm track, it can have some pretty significant impacts on our storm surge inundation. We will continue Page 37 of 5419 September 24,2024 Page 23 to keep our fingers crossed, too, that we don't get anything that approaches hurricane wind speeds. Some takeaways real quick: Again, the highest probabilities of tropical storm force winds are along the gulf coast. We also know that, again, there is this potential for a very large storm, meaning large impacts. Must be mindful that a shift in the forecast track could change our impacts. And one of the reasons that I am moving forward with a request for the local state of emergency is we want to make sure that we can completely operate quickly should we have a meteorological surprise here in the next 24 to 48 hours. Again, it's all part of being properly postured. A real situation, a quick situation overview. We saw a little bit of improvement yesterday in some of the storm surge inundation. I say "improvement"; a reduction in those levels, there was some 4- to 6-foot discussions yesterday with some preliminary model runs. That's now down to 2 to 4 feet, but that, again, is subject to change based on the track and based on ultimate intensity. So that's a quick summary of the timing that we expect some of these impacts. Wind impacts below 57 miles per hour are tropical storm, and as you know, we can get some 50-mile-an-hour winds in a severe thunderstorm. But this is the model guidance that was provided at 5 a.m. this morning looking at tropical storm force winds potential. Again, we use the word "potential." A moderate amount of, you know -- a moderate level of agreeing with the impacts, but the vulnerability is yet really to be determined based on track. Wind impacts above 58 miles per hour, this is good if this track holds, and as you can see that Collier County would really be on the fringe or, as the hurricane service has -- Hurricane Center has mentioned, less than one-in-10 chance across South Florida of Page 38 of 5419 September 24,2024 Page 24 anything above 58 miles per hour, and again, we -- that is something that we can reasonably tolerate wind-wise. It doesn't mean there couldn't be a power pole or a tree down but, generally speaking, something like this does not force us into any evacuation or relocation efforts. Storm surge threats right along our immediate coast and, of course, we are watching tides. Again, a forward motion will impact timing, and timing and tides will go together in this particular environment. So we'll have to just kind of wait and see. The 2 to 4 feet, in my opinion, is something that we can generally tolerate. It doesn't mean there won't be some occasional impacts, localized road flooding, may be a little bit of flooding down in Everglades City, but it's not something that we anticipate staying for a long period of time. Again, all of this remains track-and-tide dependent. So the final takeaways, strong wind gusts, storm surge flooding is possible, freshwater flooding. The rainfall, again, will change, the rainfall estimates. The good news, certainly, is that we've had a couple of dry days, although we have had a very wet summer. We can't rule out tornadic activity anytime these thunderstorms or bands come across our area, and, certainly, it remains dangerous for our marine interest. I'll turn it over to -- Lisa Koehler is here from the Water Management District, our -- kind of our right-arm partner in all of these activities, and she can talk a little bit about the status of the district. MS. KOEHLER: Good morning, Commissioners. Lisa Koehler, South Florida Water Management District. We have started making room in the canals starting Sunday, so a couple days ago. This morning, especially with the low tide, we are taking advantage of those releases, and most of our canal systems are Page 39 of 5419 September 24,2024 Page 25 below our normal operating criteria. So we're in really good shape for this predicted rain event. As Dan always says, we have to keep in mind the predictions, and we're in good shape. So I think, you know, as long as everything continues on the path that it currently is on, we're well-situated. We've been working very closely with your Collier County staff in streets and stormwater in coordinating, excuse me, all of those releases. So if you have any questions, I'm happy to take them. CHAIRMAN HALL: Commissioner Saunders. COMMISSIONER SAUNDERS: Yeah, thank you. A few years ago we had a discussion about water from Bonita Springs being kind of focused back towards Collier County. MS. KOEHLER: Yes. COMMISSIONER SAUNDERS: And I know that we had a lot of discussion about whether there might be something done that would impact Collier County in a very negative way, and my understanding is that was resolved. But can you elaborate on that or, if not today, at some point -- MS. KOEHLER: No, absolutely. I can answer that for you. So we set up a series of criteria both for downstream areas and the areas that would be directly impacted along Logan Boulevard. So there are certain things that have to happen. One is you have to have a declared state of emergency first before Bonita would be allowed to pump. Our canal levels have to be below where they would normally be so we could accept any discharges from Bonita Springs. Our downstream levels, so areas, say, from Goodlette-Frank to the coast, have to be in acceptable ranges as well. If there's downstream flooding, I can't take additional water from Bonita Springs and put into those areas. So, basically, it has to be perfect conditions from us before we Page 40 of 5419 September 24,2024 Page 26 could accept any water from Bonita Springs. COMMISSIONER SAUNDERS: So those of us in Collier County can rest assured that we're not going to have an issue in dealing with water from the north? MS. KOEHLER: Yes, sir. COMMISSIONER SAUNDERS: Thank you. COMMISSIONER McDANIEL: We're happy to see excess room in the canals. It's been deep for about two months. MS. KOEHLER: It has. We've had above-average rainfalls for this year, and we're lucky that we've had a couple of dry weeks moving into this, which is completely different than where we were for Tropical Storm Debby. So I think in much better shape than we were a month ago. COMMISSIONER SAUNDERS: Thank you. CHAIRMAN HALL: Thank you, Lisa. MS. KOEHLER: You're welcome. MS. SCOTT: Trinity Scott, Transportation Management Services department head. In coordination with the Big Cypress Basin, we actually started drawdowns last week just knowing that we were dealing with some high-tide situations, and it would take us some time to be able to draw down. We're continuing those efforts and working with all of our folks to make sure that we have additional resources on staff throughout this event. And, as always, for anyone who is seeing flooding, if their home or structure's at risk, please contact 311. MR. SUMMERS: Thank you, both. Some general-operational concerns, the EOC, the joint information center, the Hurricane Information Hotline activation timing has not yet been determined. Again, we don't want to overstaff. We don't want to understaff. We want to make sure that Page 41 of 5419 September 24,2024 Page 27 we're timing that associated with need. The EOC director, yours truly, and the County Manager, we can activate and scale those resources at any time deemed necessary. So, again, a lot of this track-dependent, time-dependent, as well as intensity. All general population shelter supplies are staged and in place. All of our special medical needs, things like oxygen, durable medical equipment, all of that equipment is also staged and ready for immediate deployment. We continue to remind our residents to subscribe to Alert Collier to keep that information going to you, and you can set that account up online as well as control the timing, the notifications that you wish to receive. There will be local government notification as well as direct notifications from the National Weather Service, and be sure and acknowledge that call. If not, we'll call you again. The machine will call you again. Let me see if any of our partner agencies have anything to add. We had a 2 o'clock call yesterday with all of our partner agencies to kind of set the stage for the next few days. We'll continue those coordination calls at 2 o'clock every day. The agencies that we spoke with yesterday, including the municipalities, the Sheriff, everyone is staged in position, has their plans ready. And like us, kind of -- we've really got to see what the ultimate track and intensity is going to be and then be ready to react quickly. I sort of frame our information's posture as everything's ready to go except turn on the coffee pot. So other than that, we're ready to respond accordingly. I am requesting that you consider a local state of emergency. My thanks to County Attorney Jeff Klatzkow who pulled that together for us on short notice. Again, it just allows us the ability to Page 42 of 5419 September 24,2024 Page 28 move quickly. It supports our personnel. It supports mutual-aid response and also gives us the tools that -- if for some reason we get a big surprise or have to react quickly, the local state of emergency allows us to do that properly and efficiently and as cost effectively as we possibly can. I am not recommending any curfews or prohibitions with this local state of emergency. This is just to put the framework in place. If we have to escalate to some of those curfews or restrictions, prohibitions, et cetera, working through the County Manager, I believe we can convey that to you and get those approved, those subsequent resolutions approved or have them approved as a contingency. And finally, again, reminding our guests and visitors and our residents to watch this storm carefully. We don't want a surprise. We want you to continue your individual and family hurricane preparedness. If you're in an extremely flood vulnerable location or storm surge vulnerable location, let's make sure that you have a plan to temporarily relocate. I'll stop right there for questions or comments. CHAIRMAN HALL: Commissioner McDaniel. COMMISSIONER McDANIEL: Yes. Well, I'd like to go ahead and make a motion that we authorize the declaration of emergency, and I would also like to designate yourself, Mr. Chair, to act as the liaison for the Board with regard to any decision-making with regard to curfews and so ons and so forth that need to be done. I know when Ian came through -- I think I was the Chair back in those days, and I did those things in abstentia with the Board, and then we brought it back after the fact. So as a portion of my motion, I'd like that to -- if it isn't already clarified in the declaration of emergency, I'd like to have that added. Page 43 of 5419 September 24,2024 Page 29 Item #5B PROCLAMATION/RESOLUTION 2024-183: DECLARATION OF A LOCAL STATE OF EMERGENCY (ALL DISTRICTS) - PROCLAMATION/RESOLUTION 2024-183; MOTION TO APPROVE BY COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER LOCASTRO – ADOPTED MR. KLATZKOW: I've got Troy set up to give you the four documents that we'd like you to consider. The first one is the state of emergency declaration; it's on the overhead now. Troy, if you can scroll down. And if I can get a motion to approve this document. COMMISSIONER McDANIEL: So moved. COMMISSIONER LoCASTRO: Second. CHAIRMAN HALL: Moved and seconded for this resolution. All in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN HALL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN HALL: Is that also including me as the liaison? COMMISSIONER McDANIEL: We're getting that right here. CHAIRMAN HALL: Okay. COMMISSIONER McDANIEL: Well, it was. MR. KLATZKOW: The appropriations. COMMISSIONER McDANIEL: Troy's hitting buttons. Item #5C Page 44 of 5419 September 24,2024 Page 30 RESOLUTION 2024-184: DEBRIS REMOVAL - MOTION FOR DEBRIS REMOVAL BY COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER KOWAL – ADOPTED MR. KLATZKOW: This gives staff the authority to start spending money should an event occur. And, again, Troy, I'd ask you to scroll this done. COMMISSIONER McDANIEL: So moved. COMMISSIONER SAUNDERS: Second. CHAIRMAN HALL: Moved and seconded. All in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN HALL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN HALL: Opposed? (No response.) CHAIRMAN HALL: Done deal. MR. KLATZKOW: The debris. The third one is for debris removal, which is probably the most important thing we do. COMMISSIONER McDANIEL: Depends on which end of the receiver you are. MR. KLATZKOW: That's true. COMMISSIONER McDANIEL: So moved. COMMISSIONER KOWAL: Second. CHAIRMAN HALL: Moved and seconded. All in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. Page 45 of 5419 September 24,2024 Page 31 CHAIRMAN HALL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. MR. KLATZKOW: And I've got a fourth one here. And I know we did this differently in the past, but the last hurricane event we had with the curfew, the Sheriff had difficulties in court enforcing it because it wasn't done by the entire board. So I would ask you to consider approving this document as well. COMMISSIONER McDANIEL: And that gives the responsibility to the Chairman to make these decisions accordingly, ratified by the Board? MR. KLATZKOW: No. It gives -- it declares an emergency curfew by the Board. And, again, the reason for this is that the Sheriff had difficulty in court on our last hurricane event enforcing our curfew. COMMISSIONER SAUNDERS: Mr. Chairman? CHAIRMAN HALL: Yes, go ahead. COMMISSIONER SAUNDERS: I'm not sure I understand what you just said. We are not declaring a curfew today, are we? MR. KLATZKOW: No, you're approving the form. COMMISSIONER McDANIEL: Yeah, for -- MR. KLATZKOW: You're approving the curfew and the form, and if it's necessary, it will be implemented. COMMISSIONER SAUNDERS: How does it get implemented? MR. KLATZKOW: The County Manager will call the Chair. COMMISSIONER SAUNDERS: Okay. That's fine, I just wanted to make sure we're not -- COMMISSIONER McDANIEL: That's what I -- that's what I was reading while Troy was scrolling, or whoever was scrolling there. It was Troy. Page 46 of 5419 September 24,2024 Page 32 CHAIRMAN HALL: Where does it say we're going to have burritos in the shelter? MR. KLATZKOW: I thought we had tacos. COMMISSIONER McDANIEL: So no Doritos. So moved. COMMISSIONER SAUNDERS: Second. CHAIRMAN HALL: Moved and seconded. All those in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN HALL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN HALL: Commissioner LoCastro. COMMISSIONER LoCASTRO: Thank you, Chair. A couple of related items to really just get on the record. Dan, you know, you talk about the close relationship, that FPL's ready to go. A big chunk of my district falls under LCEC. So just for the record, you know, people that are watching, I didn't want, you know, people in, you know, Marco Island, Isles of Capri, to be thinking, well, what about us. And Tricia Dorn is always incredibly responsive, so that's really just a -- MR. SUMMERS: I should have included them as well. But I spoke with Trish yesterday. COMMISSIONER LoCASTRO: Yeah, and I knew you did. To Ms. Patterson, obviously, if anything that we just approved has to go through the Chairman, and, you know, he has the authority to speak on our behalf to keep things moving, then you'll shoot something out and go, "Guess what we just did," right? MS. PATTERSON: Yes, sir. COMMISSIONER LoCASTRO: So that we will know that. MS. PATTERSON: Absolutely. Page 47 of 5419 September 24,2024 Page 33 COMMISSIONER LoCASTRO: To Trinity, you don't need to come to the podium, but, you know, I obviously have some really significant low-lying areas in Goodland, on the way to Goodland, Henderson Creek, roads that often flood just in rainstorms. So those -- signage that we normally put out, you know, just, you know, make sure it's not buried in the warehouse somewhere, and I know it's not. But I wanted to get that on the record that, you know, we do an awful lot in my district in areas when there's not even a hurricane. It's just a king tide and heavy rain, and those roads are impassable. And we don't have the where -- or the means to all of a sudden just raise all those roads and make them 15 feet higher. We've done that in some areas like the road to Goodland and whatnot. But I just wanted to mention that. Also, for anybody that's watching thinking that, you know -- I want them to know that we've thought of that. And then, lastly, for you, Dan -- and this may sound tongue in cheek, but I think it's a great reminder to all when you talk about the difference between if we do have to open up shelters, the difference between Love Boat and lifeboat, because so many people run to the shelters thinking that it's going to be, you know, hotel-like, you know, atmosphere, and it really isn't. Give the short version of the difference that, when you pull the trigger on shelters, what they are and what they aren't, and then I have one more last comment after that. MR. SUMMERS: Yes, sir, thank you for that. And, again, our partnership with Collier County Schools is really what makes that evacuation shelter program work along with county employees that work with school district personnel to basically open up the certain areas of the school and say, "Here is a spot. Here is a refuge." We encourage you, if you have to evacuate, you need to bring your own bedding, you need to bring your own snacks, your own medication, your own quiet games for the Page 48 of 5419 September 24,2024 Page 34 children, et cetera. So, again, not everybody gets a cot. We do as best that we can to provide some basic supplies. The school system will do the very best it can with the resources it has for some basic food service. But, again, what we are providing you is a sound structure and a basic refuge, and other than that, we're doing the very best that we can to get you out of harm's way. COMMISSIONER LoCASTRO: Thank you. Lastly, I just wanted to remind the public that it doesn't take an evacuation for you to evacuate, and a perfect example -- this happens a lot in my district. We all have elderly people or people with severe medical problems. So if you weren't -- you weren't told to evacuate, it doesn't look like the storm's even going to hit us in a direct manner, but just like Mr. Summers said, a giant tree could fall on an electrical cable and all of a sudden blow out 10,000 homes that don't have power, and then we're immediately getting calls going, you know, "My husband's on an oxygen machine, and you need to get LCEC over here immediately and restore power to my house," and it doesn't work that way. Sometimes we have major grids that blow out and put an entire neighborhood without power. And if you rely on power to keep yourself alive, these are the type of storms that you might want to consider going somewhere that has a less chance of losing power. Even a storm like this could blow out power for hours, for a day, even when we don't have the significant winds. And I've had that happen a lot in my district, and my phone, you know, blows up. And it's like, you know, "Get Tricia Dorn from LCEC over here, you know. We have a transformer that blew." And the reality is they don't run all over town restoring power to single homes because, you know, you had a medical crisis in your house that relied on power. You didn't have battery backup or Page 49 of 5419 September 24,2024 Page 35 generators, and now all of a sudden, you're in an emergent crisis. So, you know, it's not just all about the evacuation. It's about your need on county resources to sustain yourself. And if you think that's a possibility of not being able to happen just due to a bad storm, then you need to have a backup plan of going somewhere. MR. SUMMERS: A backup plan is mission critical, and you are correct. Our most critical special-needs clients, we've already been checking on those. There's about a dozen or so that we -- our Florida Department of Health Collier is checking on some of those clients. But you need to be as self-sufficient as you possibly can, and that, in your hurricane kit, is a minimum seven days. And in a case like this, whether it's backup generator, backup battery power, or going in town to a hotel or family or friends is a much, much better option than going to a shelter, for comfort and stress, based on the resources that we have. COMMISSIONER LoCASTRO: Thank you, sir. MR. SUMMERS: Very good. Thank you. CHAIRMAN HALL: Mr. Summers, thank you. Lisa, thank you. County Attorney, thanks for the forward thinking. It's important to know that we're doing our best to be proactive and not reactive in these situations. We appreciate the update, so thank you. MS. PATTERSON: Commissioners, one last comment on this. We are working through the final details on our sandbagging program. Once the locations and hours are determined, then we will put out a press release. We'll work with Mr. Mullins on information for the public. CHAIRMAN HALL: Good. Thank you. MR. SUMMERS: Thank you, all. CHAIRMAN HALL: Time-certain. MS. PATTERSON: Yes, sir. That brings us -- three minutes Page 50 of 5419 September 24,2024 Page 36 before our time-certain, but I think we're ready to go. Item #11B RECEIVE ADDITIONAL INFORMATION REGARDING INTERSECTION SAFETY AND COUNTERMEASURES THAT MAY ASSIST IN REDUCING RED LIGHT RUNNING. (TRINITY SCOTT, DEPARTMENT HEAD - TRANSPORTATION MANAGEMENT SERVICES DEPARTMENT) COMMISSIONER SAUNDERS REQUEST) - MOTION FOR TRANSPORTATION STAFF TO PREPARE A BUDGET REQUEST FOR THE BLUE LIGHTS AT DIFFERENT INTERSECTIONS, COME BACK WITH HOW MANY LIGHTS IN CONJUNCTION WITH THE SHERIFF’S DEPARTMENT. SHERIFF TO COME BACK WHEN HE HAS THE INFORMATION HE NEEDS IN TERMS OF STAFFING AND RESOURCES TO HELP THESE INTERSECTIONS BECOME SAFER, DIRECT PRODUCTIVITY COMMITTEE TO EVALUATE THE COST AND BENEFITS OF RED-LIGHT CAMERAS AND COME BACK OVER A REASONABLE PERIOD TO LET US KNOW WHAT OTHER COMMUNITIES ARE DOING WITH RED LIGHT CAMERAS BY COMMISSIONER SAUNDERS; SECONDED BY COMMISSIONER MCDANIEL – APPROVED This is Item 11B. This is a recommendation to receive additional information regarding intersection safety and countermeasures that may assist in reducing red light running. This item is brought to the agenda originally at Commissioner Saunders' request, and we are going to start the presentation, I believe, with Transportation, Trinity Scott, your department head from Transportation Management Services department. Page 51 of 5419 September 24,2024 Page 37 MS. SCOTT: Once again, Trinity Scott. I'm going to be really quick and turn it over to Anthony Khawaja, our chief engineer, to begin our presentation. MR. KHAWAJA: Good morning. For the record, Anthony Khawaja, chief traffic operations engineer. We are back here today because you guys asked us to come back from the previous meeting, and we wanted to talk about intersection safety. The Sheriff mentioned the three Es that governs intersection safety, which is enforcement, education, and engineering. A lot of people refer to a fourth E, which is emergency response or EMS is another E, the fourth E, and that's, you know, the quick -- they can respond; they can save lives and reduce the energy -- the injuries at the scene. I wanted to assure you that we take a look at all the crashes within Collier County. This is a map that shows the last 10 years of crashes. It's a heat map. And you can tell it's -- you know, the more populated area is where most of the crashes occur within Collier County. I wanted to go over some of our fatal crashes that occurs within the county. This is going back 10 years, and that's from 2014. The orange line, which is the first line, the highest, is all of Collier County. That includes FDOT, it includes the three cities of -- in Collier County. You know, it includes Marco and City of Naples and, of course, Everglades. And the second line -- the second line, which is that yellowish line, is county maintained roadways, and that's -- you know, it drops down to a lower number. And the green are crashes that occurred at signalized intersections. And we are about five a year, it seems like. Five too many, but it is -- you know, that's roughly what we got. I mean, our vision is zero fatalities on our roadway system. Page 52 of 5419 September 24,2024 Page 38 You know, some of these intersections carry a lot of volume, and I just wanted to put some numbers. Like the intersection we're talking about today, Immokalee and Logan, you know, this is five years of crash data on Immokalee and Logan. We had 123 crashes that occurred at that intersection. Prior to the fatal crash on September 5th, we had no fatalities in the past 10 years at this intersection. I just want to make sure that I mention that. But if you look at the upper left side of the -- most of the crashes, which is very typical for a signalized intersection, usually rear-end crashes. You know, most of the time, it's a rear-end crash. Some right angle, people running the yellow or turning in front of each other. But, you know, that's very typical crash data. I was getting to the volume. You know, an intersection like Logan and Immokalee carries roughly 60,000 vehicles per day. You know, over a year, we carry over 20 million vehicles a year. So, you know, the potential for a crash is -- and a driver making a mistake is great, and it's going to happen. So I just wanted to make sure we -- CHAIRMAN HALL: Anthony, what is the difference in the blue and the yellow? MR. KHAWAJA: Oh, sorry. The blue -- the blue is property-damage-only crashes, and the yellow is crashes that caused an injury. When you guys asked us to come back -- I know Commissioner McDaniel asked about the yellow and red at specifically that intersection, so I'm going to make sure I cover that. Commissioner Saunders, you asked us to -- how do we maintain the signals and make sure they are run properly, so I'm going to make sure to take a little bit of time to cover that and what can be done to hopefully prevent future crashes like that. I always like to remind everybody that, hey, our focus is safety and capacity. Safety is our first priority. Page 53 of 5419 September 24,2024 Page 39 You know regarding the yellow and all-red clearances that we have at that approach, we have 4.8 seconds of yellow, which is enough time to have -- we give 1.4 seconds for a driver to recognize that the light is changing, and then enough time for them to stop before they get to the stop bar, and that's the 4.8 seconds, and if they continued through, we designed for that, and we'll give them another 2.2 seconds to go through the intersection. Could somebody come after that time and still run a red light, absolutely. You know, we only can do so much with engineering, and we count on the driver to do their part. Your causes of crash, we usually try to break them down into four different categories. Of course the driver. Are they driving safely? Are the following the rules of the roads? Are they driving at proper speed? Are they wearing their seatbelt in case of an accident, so it reduces the injury? Are they impaired or dis-- or distracted. I tell you, distracted drivers lately are the cause of a lot of crashes within the county. So the other part is the vehicle. Is the vehicle safe? Brakes are good? Windshield is good, clean, you can see? Driving appropriate speed? Is it maintained properly? So all these things on driver's side -- on the vehicle side is -- also, some of them are the driver responsibility to make sure that the vehicle is in good working condition. Our part is the roadway. This is where engineering and to make sure the roadway's designed properly, the speed limit is posted appropriately, and it meets the needs. The signs are in the appropriate space and clean and erected correctly. We have appropriate sight distance. Our signal timing is timed correctly and to accommodate the task flows in the area. It's very important that we spend a lot of time on signal timing. I mean, from what the minimum green should be to what the yellow Page 54 of 5419 September 24,2024 Page 40 should be to what the red should be, how much we allocate time to each movement. On Immokalee Road, we just completed a retiming program that we actually hired a consultant to retime Immokalee Road. And, you know, it's at the end. So these consultants, they review our yellows and reds, they review the appropriate time, green time. And they reset the offset so the signals can work better together. And, of course, they do a lot of counts to make sure we are accommodating the actual demand at the intersections. You know, I look at our roadways. You know, you Commissioners spent over $2 billion since 2016 on roadway work and roadway design -- since 2006, you know, so we designed some of the best roads around in the country. When I came to this county in 2010, I said these intersections and these roadways are a traffic engineer dream. You know, it's -- they're flat, they are designed nicely. Turn lane at every signalized intersection. No hails, no snow, you know. So it is -- but, of course, we have weather as well and, you know, we -- you know, like some weather event or things that could happen. You know, a truck drops a piece of metal in the roadway, and somebody might try to avoid it and maybe end up with a crash. So there's some outside environmental and weather conditions that needs to be addressed. To answer Commissioner Saunders' question, you know, to talk a little bit about how do we maintain and make sure these signals are timed and running properly. I think it takes all of us. Everybody involved that uses the roadways is -- we need their help. Of course, the main item is our traffic management center. That's the key players. They're the ones who set the timing. They make sure the timing is appropriate for each movement, and they monitor the intersections. Page 55 of 5419 September 24,2024 Page 41 Then we have our traffic signal technicians. These are highly trained specialized people that manage and monitor the traffic signals and are allowed to work in the cabinet. It takes us about two years to get a traffic signal technician to be able to touch the controller and make timing changes. So we don't take these things lightly. Everything that's in that cabinet has to be touched by appropriate people and certified to do the work. So it is -- and then we work closely with the Collier County Sheriff's Office, if there's a problem out there and if they see anything that's not working properly, to notify us, and our citizens. I tell you, you know, like, our citizens are maybe our best people to call us. You know, they drive these intersections every day for years, and they know when something is wrong or not timed right or the detection for the left turn is not working right, and they call us, and we put our phone numbers on the cabinet so that people can reach us. So it takes all of us to make sure the signals are timed right. How we run them, actually, we have -- Collier County, we have a fiberoptic network. It's about 350 miles of fiber that we manage and that we connect every traffic signal back to the Traffic Management Center. And we talk to each one all the time, and we're monitoring its activities. That's how we make sure the timing in there is appropriate. We have 233 signals. We have 207 flashers that we manage. We also have over 5,000 streetlights and 24,000 signs that we take care of. What does the Traffic Manage Center does? We have six employees in the Traffic Management Center. They're continuously managing the databases. So, like, if somebody makes a change -- like, sometimes we have our on-call people go to the intersection, and they cannot fix the problem right away, so they Page 56 of 5419 September 24,2024 Page 42 could do some minor adjustments to the databases, for example, force a phase to come on every time if the detection is broken or not working. So if they make that change in the controller, the controller reports back to the TMC. So in the morning when we come in, we notice that the change was made to the database, and we compare the databases to make sure they are working, they have appropriate data. Then we all check the alarms. You know, the TMC checks the alarms in case any piece of equipment has failed. There is a threshold for these equipments, and if they fail, we got notified so we can check them, and we send our technicians out to go repair them. Then we monitor the signals throughout the day. So throughout the day, if there's any things that's happening, we keep them -- an eye on the signals. Preemption that gets stuck, a push button that gets stuck, we get out there and try to get it fixed. We actively respond to incidents where we can help. You know, like, not every crash that we sometimes -- we can help with, but we try to -- for example, when I-75 was closed and was having a lot of delays and people were jumping off to Pine Ridge, we modified a lot of our signal timing. I don't know if people noticed this, but we spend a lot of time into, like, increasing the left turns so we can flush the area where people are coming off and then push them to the next intersection, retime the next intersection and get them back into I-75. We do all this, these guys in the TMC do all this. Of course, it doesn't make it perfect, you know. We can never accommodate the traffic that comes off of I-75, but we make it better. We try to help and make it run better. At every signalized intersection, we have an interrupted -- uninterrupted power supply, UPSs, and these are -- in case FPL loses power, they keep the signal running, and they notify the TMC, "Hey, I have no power from FPL. I'm running on Page 57 of 5419 September 24,2024 Page 43 batteries. You know, get me a generator." So these things can run for about three to four hours, so we usually wait half hour, an hour to make sure that FPL is not -- it's not a quick break [sic]. If it is, we get generators out there, and we get the -- we give the signals. Most people don't even know that we lost power, you know. And they check the pan, tilt, and zoom cameras. We have a pan, tilt, and zoom camera at our signalized intersections, and that's so when somebody calls us and says, "Hey, the left turn is not coming on," we can actually see, confirm, take a look at the data, and be able to fix it and make sure it works better, so... Now, things that break, we give them to the traffic signal technicians. We have seven traffic signal technicians that we manage. The TMC gives them tasks that they need to do on a daily basis, but we also give them intersection and things that -- modification that we need to add. So I don't know if you guys noticed, we get rid of a lot of the five section heads at signalized intersections, and we are replacing them with four section heads, you know, the flashing yellow versus the green ball. So a lot of these are being done. We're doing those in-house. We have a program to hopefully get rid of all the five sections someday. But, you know, it's an ongoing program. They do ground PM. So at -- we visit every signalized intersection twice a year, and that's, you know, go check the push buttons, check the heads, make sure no signal outages, none of the LEDs is burned out, vacuum the cabinet, make sure it's clean, make sure it's appropriately working. And once a year -- this is to your question, Commissioner. The mono-function monitoring unit, the MMU, a lot of people refer to it as the watchdog. This is the unit that prevents an intersection from, you know, displaying two conflicting greens or a conflicting green with a conflicting yellow. That just would not allow it to happen. Page 58 of 5419 September 24,2024 Page 44 And if even it happened due to a sure -- due to a break, the signal would go on flash, a conflict flash which would flash this intersection all red till we get out there and figure out what the problem is and fix it. But we check these -- we check them once a year, and we take them into the office, and we test them to make sure they're still in good working conditions, and we deploy them again to different intersections. So we make sure these are -- And then we have a program for aerial PMs, and we are trying to do -- like, every five years, check the heads, replace what needs to be replaced, modify the heads, and so -- Working with the Collier County Sheriff, actually we went and met with them, and they wanted to -- they wanted some help with trying to enforce red light running, and they asked for the blue lights. I don't know, some of you, I'm sure, are familiar with that blue light. In Collier County right now, we don't have the blue light at any of our intersections, but it's something we're looking at adding. We're meeting with the Collier County Sheriff. We're creating a committee to see where are most effective and most appropriate. You know, you have to have a place where the officer can wait in advance, you know, downstream from the signal and can still see the heads. So we're looking at these intersections to determine where that would be. It's going to cost us about 3,000 per installation, so we'll work on that list and go through it. We're going to also improve visibility. We've been doing this, and -- you know, like, we have a list of intersections where we are upgrading the backplates to make them a little more visible so it's easier to see the heads, especially at night, as you can see on the slide on the right. It allows the driver to see them and be able to know if the signal, even -- you know, what's nice about these things is in the dark, if there is no power and we lost power, people would -- it's a lot Page 59 of 5419 September 24,2024 Page 45 easier to know that this is a signalized intersection and, therefore, treat it as a multiway stop versus not knowing till you get on top of it. So it's very helpful for safety. We're going to work through the Congestion Management Committee with the MPO, FDOT. You know, there's a lot of AI stuff coming in, and that improves safety, and we're going to look at some options out there to see what can be done. And then we're going to continue working with Collier County Sheriff and hopefully do better and keep improving, you know, to hopefully reach vision zero, no fatalities on our network. At every signalized intersection we have our phone number, and that's in case you see something that doesn't look right, it's not running properly. This number is our Traffic Management Center. We are open from 6:30 a.m. to 6 p.m. We try to cover both peak hours, a.m. peak and p.m. peak. And we like to hear from you if something is not working right. COMMISSIONER McDANIEL: And who should they ask for? MR. KHAWAJA: Harris. COMMISSIONER McDANIEL: Harris Demond? MR. KHAWAJA: That's right. COMMISSIONER McDANIEL: Harris. CHAIRMAN HALL: Commissioner LoCastro. COMMISSIONER LoCASTRO: Tony, the slide that caught my attention the most was the bar chart that showed that even though we're sitting here having a lot of discussions about intersections and red light cameras at intersections, if you go back to that one slide that shows that most of the accidents are at non-signalized intersections. So we've had some, like you said, extremely tragic things. Yeah, that chart. So the yellow -- or correct me if I'm wrong -- those are non-signaled intersection or roadways or what have you that have Page 60 of 5419 September 24,2024 Page 46 had accidents, not -- not necessarily fatalities, but have had -- or is it? You've got here fatalities at signaled intersections. Maybe just decipher this for me again, because my initial takeaway was we're really focused on the short green, which we should be, because we've had some real fatal things, but the yellow is -- are areas that are signaled? Not signaled? What -- right? MR. KHAWAJA: Yes. Sorry, Commissioner. So this is all fatalities. This is fatalities within the county. We are around 40-some fatalities per year in our county. A lot of them are -- the longest bar is the -- that includes everybody, includes the city and includes for FDOT and includes mainly I-75, yes. It includes I-75. Once you remove the I-75 and you only look at county-maintained roadways, these are still fatalities that occurred on the county highway system, is the second bar. And the green is at signalized intersection, and that's both FDOT signalized intersection and county signalized intersection. So this is all the signals within Collier County. So a lot of them on U.S. 41, for example, or Davis, or -- you know, like, they are distributed. There's five a year almost distributed across the county. COMMISSIONER LoCASTRO: We just need to realize that, you know, you could put a red light camera at every single intersection, which would only represent the green bar, and we still have a big chunk of areas are either dangerous or just, you know, drivers not paying attention. I know -- I liked your list that was -- it's inclusive. It's not just, hey, you know, the lights aren't set correctly. I mean, if a driver drives through a red light or is a DUI driver, I mean, you know, there's things that I know the Sheriff does to try to prevent that or catch those people, but it's going to happen. And you know, like you said, every fatality's a tragedy. But it's more than just the Page 61 of 5419 September 24,2024 Page 47 intersections is what this slide showed me. It's obviously a much bigger area where we have, you know, fatalities and accidents. Okay, I got it. CHAIRMAN HALL: Commissioner Kowal. COMMISSIONER KOWAL: Thank you, Chairman. I just wanted to shed a light on that little blue light system you're discussing. You know, from what I understand and from -- I know -- I believe the City of Naples has some of them -- MR. KHAWAJA: Yes. COMMISSIONER KOWAL: -- installed. And I think what it does -- for the citizens to understand, that's basically when you have a law enforcement officer observing that intersection to do traffic enforcement, it gives them an extra tool when it comes to testimony in court to enforce the Uniform Traffic Citation, that they can coincide the blue light with the red signal so they don't have to be physically looking at the red light. They know it's lit up, and they work in conjunction with each other. So it's more of a testimonial thing for his eyewitness of the actual violation. So just to clarify how that works for the public, that -- MR. KHAWAJA: Yes, Commissioner. You're absolutely correct, that's the purpose of this. Right now, for example, if Collier County Sheriff wants to enforce, they almost need two vehicles. They need one upstream and one downstream. The one upstream observes the vehicle running the red light, and the vehicle downstream stops them, because otherwise he would be running a red light as well going after that vehicle. You know so -- but it takes two officers. In the other case, the vehicle can be waiting downstream, can be watching the blue light. If the blue light is on, that means that red is on. And if he observes a vehicle that crossed the stop bar or entered the intersection, they can pursue it. Page 62 of 5419 September 24,2024 Page 48 CHAIRMAN HALL: Commissioner McDaniel. COMMISSIONER McDANIEL: Yes. I think there's a fellow hiding in the back of the room that I'd like to hear from, our favorite sheriff. He was sitting in the back. Nobody actually saw him. CHAIRMAN HALL: I could see him thinking back there. COMMISSIONER McDANIEL: He was one of the -- I think you maybe were avoiding coming up. But there was a big E at the beginning of this that talked about enforcement. COMMISSIONER KOWAL: He got the memo on the suit color today. COMMISSIONER McDANIEL: I wore blue today. SHERIFF RAMBOSK: Good morning, Chairman, members of the Board. I was not hiding in the back. I was just waiting my turn to provide some information to you. I'm going to try not to go over or duplicate what our Transportation Management Services already gave. They gave a lot of great information. If you look at what goes into what constitutes or causes an accident, there are a lot of different things that can go into that. Obviously, as a community, we were all impacted with the fatal crash several weeks ago. It involved entering an intersection on a red light, obviously. It was a commercially rated vehicle. So FHP is investigating that crash. So we don't yet know what the cause for the vehicle going into the intersection was. Yesterday morning we had another one. COMMISSIONER McDANIEL: On 75. SHERIFF RAMBOSK: Minor injuries, but with a commercial vehicle entering an intersection on a red signal, so -- with a commercial vehicle. And, you know, while a red light violation may be a charge, Page 63 of 5419 September 24,2024 Page 49 there are a lot of things that go back into the cause of that. A lot of them were mentioned. But, you know, if you look at impatient, in a hurry, aggressive driving, distracted driving -- you know, communities throughout Florida and the United States are facing the same kinds of challenges we are on the roadways, but what I think we have is great support from the community in moving forward with plans, support from you as the Board, and great partners with county transportation and management. So we looked at a couple of different things. One, we've had a really comprehensive education, informational, and enforcement effort over the years. And we've been building on that. Since the tragic crash we had, though, we started to meet with the local moms group. We met with individual residents, and even community groups, all who wanted to talk with us about traffic safety for the future. A lot of good ideas came out of that, a lot of information that we were able to provide about what we're doing, what we want to do in the future. And I think one of the things that we're all facing because of -- more and more people are finding our community, and more are coming, we want to revitalize and create a new community-based traffic safety program. We've had individual programs before, a lot of them. I'll highlight a couple of those for you. But we need everybody to be involved. And, you know, we -- earlier mentioned was the four Es, and yes, the emergency response absolutely. So -- but we say there are four Es, and it is the engineering, the education, the enforcement, but what's got to come next is engagement, and that's participation from our drivers, from the community. So I'll talk a little bit about that, because we want to release that later this month. So, you know, some of the background on what we've been doing, the types of observations that we're making and enforcing is Page 64 of 5419 September 24,2024 Page 50 distracted driving, speed in excess of the limit, aggressive driving, school bus violations, and school zone violations. We just finished our opening of school, what, a month or two ago, and we had put in place special operations for all of those. And we do that with our Traffic Enforcement Bureau. They are a specialized group of professional traffic people who look at complex investigations and do specialized enforcement, but we've also grown that over the years by including all deputies in Collier County and the responsibility that we all have with regard to traffic safety. Red light running certainly we have dealt with in the past. Commercial vehicles we have dealt with in the past, and we've actually had trained -- specially trained commercial vehicle inspectors. So in the past and up until today, we have focused on obviously including social media, making sure information gets out to the public, specialized enforcement efforts. We call them flex operations, and they can include the things I just mentioned. We've done aggressive driving. We've done distracted driving. We've done public service announcements in the past. If you remember, years ago we had partnered with AAA, and we did a "no texting and driving" effort where we had a racecar driver, Michael Censi (phonetic), come down, bring his car, and PSAs, did a lot of work with our kids during that time. We've actually put deputies on school buses and had pursuit vehicles, and if a vehicle passed the bus when stopped, they would radio to them. We have a traffic safety podcast. We created 530-Zoom. It's a traffic hotline, and we actually did that about a dozen years ago. But one of the things that we found out when meeting with members of the community is they were unaware that a lot of these things had been put in place and that were available to them. Page 65 of 5419 September 24,2024 Page 51 So you'll hear in a minute we're going to be working more with them to try and get that information out. We have the teen driver challenge. We have six speed-enforcement trailers. We have 13 message boards. A lot of that was discussed by our meetings with the public to look at do we need some more of those. So as we look at what we're doing, we've also tried to find more efficient ways for not only enforcement but administration. And, you know, one of the things that we have put in place over the last couple of years are civilian traffic investigators. So we have added them to the STEB Bureau, and what that does is for the minor accidents, parking lot accidents, they're able to take those that freeze up our law enforcement officers to stay longer out in the street with operations and citations. But probably, you know, the most important things that we do is we do a daily, weekly, and monthly unified policing meeting specifically addressing traffic and crime. So when we look at this, we have six patrol districts, as you probably remember. Each one of those lieutenants has to give a district commander a report to us on where their accidents are and what they are doing to reduce those. We use a lot of analytics to apportion our resources for the time of day, day of week, type of violation, and we do that throughout the years so that we're not wasting time and effort. We've done a lot of other programs. And a couple of things that we have -- some of these things we've done before, but since this event, meeting with our members of the community, I've done a letter to FHP, and I've requested additional staffing to assist us in special operations both with commercial vehicles and with general operations. I have sent a letter to FHP to really put a hold on several spots to train commercial vehicle investigators for our deputies. Page 66 of 5419 September 24,2024 Page 52 Unfortunately, they do not have one scheduled for the remainder of this year. We actually found one in Georgia that we may be able to send to. But they will be sending us information on that, and we'll get at least two to four people in those. We asked for a minimum of two. We have met and now want to formalize a regular meeting with the county transportation. We contacted state FDOT. We currently have a grant to work overtime deputies. It was originally intended for I-75. We asked them whether we could expand the use of those dollars -- it's $125,000 -- onto the local road, particularly those adjacent to the highway, and they confirmed that we cannot only use it for adjacent to the interstate, but if we have problematic areas throughout the county, as long as we can identify the problem, we'll be able to use some of those dollars to apply additional resources. So we'll be able to get many more deputies out there and utilize the grant that we've got. I mentioned we met with the local moms group. We have some great ideas from them. We met with our attorney, who's based in Tallahassee, last Friday, and we took some of the ideas and suggestions we got from the moms group. One of them was can we increase penalties for red light running and a couple of other ideas that they had. So we have made that request of them. They're doing research on that right now. We are finishing up development of this new community-based traffic safety program. We will launch that in about two weeks. We're trying to figure when is the most appropriate time that we can get the residents. We don't want to wait till the first of the year. We want to get it before the end of this year, so probably sometime in October. We immediately increased enforcement over the last 10 days, Page 67 of 5419 September 24,2024 Page 53 did 38 red light operations in addition to what we normally do, and that resulted in 269 citations for red light running. Some of the ideas and recommendations that came from the community and our members as well, one was -- and these are for consideration. We're going to provide this directly to Transportation. One was installation of flashing lights in advance of an intersection, particularly one that is a high-hazard location so that you know a signalized intersection is coming up. They have those throughout the state in different areas and locations that I've seen. Transportation talked about the backplates already. A request for more radar trailers and message boards were made. We're already looking into that. More community outreach and more social media. That's one of the opportunities for partnership with the community and particularly our local moms group who has committed to help us get more information out to the general public, so we thank them for that. You already looked at review of signal timing. The possibility of considering red light cameras. The possibility of hiring more deputies. We're seeking more grants for traffic enforcement. So the bottom line pretty much is we have a good program out there. We do have to look more towards the future. I think when we were here talking about budget, I mentioned that we are updating our former study on population projections, as you are, so that we can look at the future and decide what it is that we are going to need in the future, how we can use technology better in any or all of these areas. But the bottom line is, we need to engage individuals, our residents and the drivers that come into this community, because in the discussions we've been having, you know, we can reach out. We can make a lot of contact with our own residents, but we have a lot of people that come in to deliver and leave. And some way we need to Page 68 of 5419 September 24,2024 Page 54 message them so that they know what is expected when they come in the county. One of the ideas we already have for that is looking at all the major food stores, box stores, major delivery companies and actually doing prevention information directly to all of them on reminding them of what the laws are, what we're enforcing, and that you are welcome to come into a drive-safe community as long as you drive safe; otherwise, we're going to cite you. CHAIRMAN HALL: Commissioner LoCastro. COMMISSIONER LoCASTRO: Oh, thank you, Chairman. Sheriff, a couple things I just wanted to say. You know, it goes without saying, thanks for all that you-all do. There's a lot of things citizens say at these podiums that I agree with and that I disagree with at times. We all do. But one of the things that I hear at this podium that really does infuriate me because it is so untrue is when people come here going -- and say, I never see a cop anywhere in Collier County. That is so untrue, and it's so disrespectful because of how much we've put -- how much funding we've put into the Sheriff's Office, how visible you-all are out there. And, you know, citizens need to realize you-all aren't just the traffic and speeding cops. Sheriffs do a little bit more than just write tickets and look for people going through red lights. You have a -- one of the reasons why we're the safest county isn't because we have the least amount of red light runners. It's all the other things that you-all do. And so, you know, I just wanted to remind folks it really, really bothers me when I hear that at the podium, and I'm sure it bothers you as well. When I ask for -- and I have asked for reports from your staff about an area of concern, I'm always impressed by how much activity has happened in that area. You know, when I hear from a citizen, Page 69 of 5419 September 24,2024 Page 55 "There's no cops anywhere. Everybody's speeding down my road," and then I get a report from, you know, your office that shows, wow, we wrote 212 tickets in that area, and we've had, you know, a sheriff on duty patrolling that area from this time to -- so detailed, and it's not made up to cover yourselves. No, it's actual police work. So, you know, we have to take some of that stuff with a grain of salt. It doesn't mean we can't do better in certain areas. One of the things I'll say -- and I've had this conversation with you, but especially with Colonel Bloom, you know, your undersheriff, making sure that we're focusing sheriffs in concentrated areas at all times. And I know this is something that frustrates you once in a while, because when I've brought it to the attention of, you know, your leadership and I say, "You know, I'm going back to Marco Island, and I just passed Walmart on U.S. 41, and there were three sheriffs between Walmart and the base of the Marco bridge writing speeding tickets for people that were 100 yards away, or whatever the distance is, from the Marco line or catching people coming over the Marco bridge, and as soon as they leave the Marco line, now all of a sudden Collier County has" -- and it's few and far between. Like, when I've seen it, I've always reported it saying, "Wow, if it's the best use of three or two sheriffs, I don't think Sheriff Rambosk would think so." And then when I pass it to Colonel Bloom, he's like, "No, we didn't need three cops within 100 yards of each other writing speeding tickets for five hours," and we've caught some of that. But on the flip side, I don't think anybody can make the case that you don't have, you know, your sheriffs concentrated in key areas. This commission has -- has funded you to your requested levels to the max, you know, I would say, but you've brought up some other things: Radar trailers, improved technology, manpower. So if Page 70 of 5419 September 24,2024 Page 56 those are things that you obviously feel you need to add to your arsenal, by all means, all five of us here, I don't think, would bat an eyelash. I mean, we want to put -- we can't prevent everything, but if there's some things you're learning from your contacts in Tallahassee or other counties, I know that you won't be shy about, you know, coming here, and we want to make sure we sort of fill those gaps. Use what we have concentrated in the key areas, and I know, you know, you do a great job moving that -- moving your team around but also bringing us anything. I really liked hearing you say that you reached out to the Florida Highway Patrol. If anything, that's who I see sometimes a little less. But, you know, I don't know all their responsibilities, so I'm sure they're where they need to be. But I have noticed that a bit. So I think your reminder to them that, hey, we need your help. We've had some fatalities. You know, are you really where you-all need to be, and can you help us? Is something -- I was really glad to hear you say that. But, you know, we're here to hear from you on any additional needs that you might discover would be helpful to making us more safe. SHERIFF RAMBOSK: And as you might remember, I talked a little bit about that during the budget update. All law enforcement throughout Florida and most of the United States is having a tough time recruiting and retaining. I will tell you that I have received a lot of questions from the community about retention and ensuring that we remain competitive so that we keep our great deputies, which I completely agree with. And from information I'm getting now, it looks like I will be coming back to you to look at what we need to remain competitive with our surrounding agencies. COMMISSIONER LoCASTRO: Thank you, sir. COMMISSIONER SAUNDERS: I brought this issue forward for a couple of reasons. The first was to reassure the public that we Page 71 of 5419 September 24,2024 Page 57 are doing everything we can to keep our intersections safe. And, of course, we had a tragic accident that sort of precipitated the discussion, and I'm very pleased with what our staff has presented in terms of what we do in a proactive way to keep our intersections safe, but I also brought this forward to see what kind of things we can do to make things even safer. And so I'm going to ask staff a couple questions, and I'm going to ask the Sheriff a couple questions, and I'll start with staff. You mentioned the blue lights and the $3,000 it costs per intersection. My question to you, is how many intersections in your mind should we put those blue lights on? Because I'm going to multiple that times 3,000 and make sure you have the money to put those up. MR. KHAWAJA: We're having a committee with the Sheriff, and we're going to look at individual intersections. We think -- to look at top 20 for now. And this is per approach, Commissioner, so you need to multiple that by four first and then 20. COMMISSIONER SAUNDERS: Okay. So instead of $60,000, it would be $80,000. And so at some point during this discussion, I'm going to make a motion that we appropriate those dollars for those blue light cameras -- or those blue lights so that the Sheriff can be more effective in enforcing red light runners. I was very pleased with the education issue that you mentioned. That's great for our high school kids and for the general public that generally complies with the law. But we're dealing with people that don't care. And we see it every day. Crystal Kinzel, I think, was the witness of an accident, someone running through a red light just a few days ago smashing into a vehicle. Fortunately, there were no injuries. But we see it every day. People pass us. We'll start to stop at an intersection, and somebody zooms past us to go through a red light. Those people cannot be educated. The only way they can be Page 72 of 5419 September 24,2024 Page 58 educated, the only way they'll stop is if they start getting tickets, and very expensive tickets. So I want to make sure we get those blue lights up. There was some discussion about more resources for you. And so I would like you to come back and perhaps give us a report. I know you mentioned the issue of more money for salaries, and we certainly will support that. But do you need more staff? Can we get more deputies out there to keep our roadways moving and keep our roadways safe? So I'd like you to come back with us in the next several weeks or so and let us know what you really need, because I can assure you that you'll get the resources to do that. The other issue that has been raised -- and I don't necessarily support red light cameras, and I know that this community had red light cameras starting in 2010, I believe. They did it for four years. It was a very poorly conceived project on the part of the County Commission back in those days. I can say none of us were here then. And -- but there were a lot of lessons learned from that. And I would -- at some point I think I'm going to ask this board to turn the issue of red light cameras over to our Productivity Committee just to do an evaluation of, are they effective? Are they cost effective? What are other communities doing? Should it be something that we should consider? And, again, I'm not suggesting that we go to red light cameras, but I think we owe it to the public to evaluate that and make a decision. So, Mr. Chairman, at some point I've got three points I want to make. I want that $80,000 for the blue lights, I want the Sheriff to come back in a few weeks with -- or maybe take a little bit longer, but whatever time you need. Let us know what you need to make our roadways more safe. And then, Mr. Chairman, I would like to Page 73 of 5419 September 24,2024 Page 59 have a committee like the Productivity Committee evaluate the efficacy of red light cameras and whether we should even consider that. SHERIFF RAMBOSK: And could I jump in one second? If we're going to do that committee, certainly the county clerk's staff should be involved in that. There are some key people. I would ask that we include all the right people to make that information available to you. COMMISSIONER SAUNDERS: Absolutely. CHAIRMAN HALL: Is that going to be 240,000? COMMISSIONER SAUNDERS: Eighty. CHAIRMAN HALL: Top 20 times four -- MR. KHAWAJA: Yeah, I think there's -- CHAIRMAN HALL: -- times 3,000. MR. KHAWAJA: There's a bust in the math. Three times four is 12 times 20 is 240-. But I don't know if all the approaches are going to need it. You know, I don't know if all the approaches are going to need it, but I think you're more like around the 150-, 200,000. COMMISSIONER LoCASTRO: I'd just say I think -- I think we all like the concept, but I'd like to see the analysis, not just let's throw up a blue light at every signal intersection and call it a day. MR. KHAWAJA: Right. We want -- right. CHAIRMAN HALL: Commissioner McDaniel. COMMISSIONER McDANIEL: Yes, thank you, Mr. Chair. First of all, I wasn't -- I was joking about you hiding in the back, by the way. I just saw you back there, and I didn't want you -- SHERIFF RAMBOSK: I know. COMMISSIONER LoCASTRO: Words matter. COMMISSIONER McDANIEL: I didn't want you to get away. When you -- I have a question. When you -- when you Page 74 of 5419 September 24,2024 Page 60 deployed the extra units for intersection control, do you have data from what you -- what our sheriffs typically write in regard -- you said you got -- out of that maneuver you got 269 tickets. Do you have data on what we do every day? SHERIFF RAMBOSK: We do. You know, our analytics are used more importantly for where we assign. So, like, we were just discussing about the blue lights, what locations should we be more in? We look at accident occurrences. We look at community requests. If a lot of our residents are seeing a particular problem, we'll make a special operation for that. So we use a lot of that data to make sure we're placing people at the best time possible to identify violations and cite. COMMISSIONER McDANIEL: And thank you for that. I'd like to see what we do on a regular basis in comparison to what transpired with a special enforcement effort just to see what we do on a regular basis. SHERIFF RAMBOSK: Oh, yeah. And we have special operations all the time. We can give you a location, a date and a time when we do it, and what was -- what the enforcement actions were. COMMISSIONER McDANIEL: I'd like to see that. It would help me. And I have to say, I'm very impressed by your efforts. Your agency has worked cooperatively with my office regularly in enforcement activities. And one of the things that I want to say, as we're all talking to the community, when folks see an issue, look at the time when you're witnessing something transpiring. As a general rule, speeding occurs at certain times of the day. And your department has really worked very effectively in assistance there. It brings up the next discussion, and that's about staffing, technology that's available to better enhance the theoretic- -- and I Page 75 of 5419 September 24,2024 Page 61 say theoretical because we don't know for sure yet because the population is increasing. We all know that. To what extent we don't know just yet. But technology enhancements that can be brought in to assist with the theoretical lack of staffing. You know, Commissioner LoCastro said we all hear, "Well, I never see a sheriff." Well, that's -- that's an extremity. And so we want to hear from you. And I really support Commissioner Saunders' idea or suggestion there with regard to study on the red light cameras. If you would just give a brief -- because the previous effort was very contentious and very arduous. If you would, just give a brief discussion on how that all functions from a staffing standpoint. Because if I recall, there was multiple parts of staff that were involved, and then I have a couple more questions. SHERIFF RAMBOSK: Yes. So the original red light camera system that was put in place in Collier County was one of only several in the state. And part of the implementation of that was a change in legislation which had just taken place, so people were looking to enable that in their communities. It raised questions about -- I had one when I was in Tallahassee talking about it and said, well, I don't want anybody -- I don't want anybody to see and take a picture of the passenger in my car. And, of course, I'm not a wise guy, but I had to ask. I said, "Well, who's in your car that you don't want a picture taken of?" So he didn't like it very much. Aside from that, there were legitimate legal questions. Your attorney, our attorney, looked into all of those different questions, rights and expectation of privacy in vehicles. The owner was getting the citation. The driver may not be because you loaned out your car to somebody. And so a lot of those things have been dealt with over time. Page 76 of 5419 September 24,2024 Page 62 We didn't -- it was seen as a moneymaking operation at that time. And the cost of our violation was only as high as the actual operating cost to do the program. So we were not -- the county or the Sheriff's Office was not making money out of that. The other thing is procedurally the red light camera would take a picture, the following morning a certified law enforcement deputy would review the camera, would make sure that the violation had occurred, that they went through the light, and they were not behind the stop line when the red light turned, so it was an actual violation, and then we would work together to send out a violation notice. COMMISSIONER McDANIEL: And if I recall, the fine is set by the State, and then we have -- the county has a fixed amount of money out of that amount of -- we can't -- we can't elevate the expense associated with that and get more money back here. SHERIFF RAMBOSK: Well, you're -- that's absolutely true for traffic -- uniform traffic citations. COMMISSIONER McDANIEL: Okay. SHERIFF RAMBOSK: When we did it as a county, the county was -- you were able to establish that rate, how much would be charged. COMMISSIONER McDANIEL: Okay. SHERIFF RAMBOSK: And where it would go. COMMISSIONER McDANIEL: Well, I certainly would like to have it investigated further just from a -- just from a staffing standpoint. Because if I recall, it may engage our staff to be involved in this process as well, and I just want to -- I want to explore it. I mean, it's an asset that's out there. The technology's significantly greater so that we don't end up with somebody's passenger's picture. We -- and we -- is the enforceability capable just on the tag itself? Can -- even if you lent your car to somebody, too bad; you're going to get the ticket. Page 77 of 5419 September 24,2024 Page 63 SHERIFF RAMBOSK: Yes, that's the way it was set up. It's enforceable by the tag, and that was one of the questions. Again, you're responsible for your own car. COMMISSIONER McDANIEL: Right. SHERIFF RAMBOSK: I don't care who's driving it. COMMISSIONER McDANIEL: Amen. SHERIFF RAMBOSK: You know, don't lend it to this person if they want to blow the red light all the time. COMMISSIONER McDANIEL: That's correct. SHERIFF RAMBOSK: So, yeah, I will tell you this -- and -- within six months after installation of the cameras, there was a significant visible increase at intersections of people stopping. COMMISSIONER McDANIEL: I've seen that, you know, and I'm not -- again, I'm not an advocate of the cameras, but I -- you know, I've been in Tallahassee where they are. I've been in Washington, D.C., where they are. I've been riding with taxi drivers who are some of the most aggressive drivers on the planet, and if that light -- if you're riding with a taxi driver or an Uber driver and that light's even thinking about changing, they all stop. They all stop at the intersection. There's nobody blowing through the intersection even on a yellow. They stop. SHERIFF RAMBOSK: Right. And as the law requires today. COMMISSIONER McDANIEL: As -- what you're supposed to do voluntarily to follow the law. SHERIFF RAMBOSK: Exactly, exactly. COMMISSIONER McDANIEL: My next question is, we -- you and I were quite successful well before I became a commish to establish the commercial motor vehicular units, and then I think maybe attrition -- I think Lieutenant Minch was one of the officers that I worked very closely with back in those days. SHERIFF RAMBOSK: Yep. Page 78 of 5419 September 24,2024 Page 64 COMMISSIONER McDANIEL: How many -- do we have any of those units available? SHERIFF RAMBOSK: We do. We have two certified officers right now, commercial vehicle officers, and I've made a request for a minimum of two more to be trained. COMMISSIONER McDANIEL: Okay. SHERIFF RAMBOSK: And part of the dilemma -- we had made a request earlier this year, but we were only able to get one person in the class. So it's a limited training program. Limited spots. But we've asked formally for more spots in that. COMMISSIONER McDANIEL: And in that light, I think, if I'm not mistaken, Collier County has a local ordinance with regard to commercial motor vehicular traffic when it's moving, that they are supposed to stay in the right lane for and until they're about to make a left turn. Do you recall how long that distance is? SHERIFF RAMBOSK: I don't recall how long the distance is. COMMISSIONER McDANIEL: Okay. And so I'd like to know if somebody can find out what that -- what that actual distance requisite is for them to allow them to legally move out of the right lane and over to be able to make a safe left turn. SHERIFF RAMBOSK: And, you know, if you remember, we did a lot of outreach to trucking sandpits and information to owners of trucking companies, actually visited the sand pits. COMMISSIONER McDANIEL: I remember. SHERIFF RAMBOSK: Actually did inspections on the way out, provided information in all -- in multiple languages to say, "Here. Here's how you drive safely, or we are enforcing." COMMISSIONER McDANIEL: Well -- and that's going to be my next thought process was I'll volunteer to assist with the mining industry and the farming industry, because those are -- those are both industries that I have a lot of -- I have a lot of -- I transact a lot of Page 79 of 5419 September 24,2024 Page 65 business with. So as we're moving these efforts forward on the other E, which is education, and that's informing these drivers of the local ordinance and what they're supposed to do while they're traversing our roads. I know we had enormous success about prohibition on the utilization of the Jake Brakes just for quality-of-life purposes. Commissioner Saunders, you know, the Quiet Florida group, and those Jake Brakes are an engine slower-downer of the vehicle, and by asking them to stay off those Jake Brakes, it really reduced the noise and enhanced the quality of life of our residents along the way. So I'll work with you to get that education out to the -- because I think in Collier County, we really only have two active mining operations right now, maybe three. But I'll work with you in order to get that information out and start that education process with those industries, as well as the farming industry. We have an enormous amount of commercial motor vehicles coming back and forth from the east transporting produce at the same time. So I'll work with you to get that information out. SHERIFF RAMBOSK: Thank you. COMMISSIONER McDANIEL: That's all, sir. CHAIRMAN HALL: Commissioner Kowal. COMMISSIONER KOWAL: Thank you, Chairman. Thank you, Sheriff. Very informative presentation. It's some good information in there, and I think it's so important that the public does see a lot of these numbers and what the efforts are and how many programs that actually are implemented through the Sheriff's Office, because a lot of people are not familiar with a lot of these things. I had the luxury of being part of it at one point and knowing some of these things. I am -- I'm pro to the blue light project if we can figure out and actually have a committee come to us, and you guys all work together Page 80 of 5419 September 24,2024 Page 66 and find out the intersections that this would most be feasible to use this on. SHERIFF RAMBOSK: Okay. COMMISSIONER KOWAL: Because I don't think every intersection it needs to be on, but it definitely is -- and what I mentioned before, it's a good tool, because, you know, the few accidents that I've been involved, you know, and worked in the past that have used commercial vehicles or usually the commercial vehicles are at fault for running these red lights, people have to understand these guys operate under a CDL license, and enforcement with the actual Uniform Traffic Citation puts points against their CDL, and then they're -- they're jeopardizing their livelihood. You know, when you can actually write somebody a Uniform Traffic Citation in lieu of a civil fine through, like, a red-light-runner camera, which doesn't apply any point or anything against their driver's license, and that's a deterrent. That's a deterrent, because when they get one or two, they realize that they're jeopardizing their career, they're jeopardizing their welfare, it starts to correct behavior, and that's important. And we have those tools for deputies and our men and women out there that do such a great job here in Collier County, to have these tools to start this enforcement, to get -- what do you call -- like, educating but also positive reinforcement through citations, it has a tendency to have a greater effect than just somebody getting a $120 civil citation. They know they're just going to pay it. Nothing's going to be in jeopardy of their future, their career, or anything like that. That being said, you may have mentioned it already. You mentioned something about reaching to the vendors, and Commissioner McDaniel's talking about the sandpits and things like that. I'll just say from my recollection, two interviews after some Page 81 of 5419 September 24,2024 Page 67 very horrific accidents where there was a death involved with two dump trucks in the past, and find out in the debrief in interviewing these drivers that a lot of them are paid by the load, not by the hour. And I don't know if we can include some of these developers, people that are hauling fill, you know, to and from construction sites. I know we can't, you know, force people to alter their behavior of how they pay their employees, but maybe bring some light to it that at times this does create a situation where these guys push the limit. You know, when they're thinking I get one or two more loads if I don't sit through those lights, I'm going to chance it. And, you know, I think -- I don't know if that's part of the group that you were talking about going to vendors and stuff like that for haulers or bulk haulers, but I think we should include them, too, and see how they actually are paying their employees that haul these trucks. You know, just get an idea on it, so... SHERIFF RAMBOSK: Absolutely, we agree. We brought that topic up over the last two weeks about the number of loads, getting paid by the load, so we will absolutely include that messaging. COMMISSIONER KOWAL: Thank you, Sheriff. Keep up the good work. SHERIFF RAMBOSK: Thank you. CHAIRMAN HALL: We have Commissioner Saunders, Commissioner McDaniel's on deck, and we have two public speakers, and we also have to get to a public -- or to a court reporter break, so... COMMISSIONER SAUNDERS: If we could hear the speakers, I'll make a motion at some point. I can do it right now, or I can wait until the speakers. CHAIRMAN HALL: Okay. COMMISSIONER McDANIEL: I just have a quick comment with regard to the education at the sites with the quarries and the Page 82 of 5419 September 24,2024 Page 68 farming industry. You can't really adjust how the payment, in fact, transpires with the dump truck. It just isn't really -- if you own your own dump trucks, then you can have -- you have a say-so in it. But as a general rule, a developer contracts a trucking company to bring the material to them that is requisite. So you really don't -- but education at the mine really, really worked well back in the day when we did it. We -- the manual, the DOT manual for a commercial motor vehicle to meet the standards is about this thick (indicating). You can't hardly -- this thick (indicating). You can't hardly stay in business and meet all of those requisites that are in the law with regard to the quality of the vehicle. So we reduced that back and to certain visual things that could actually be identified and brought forward and enhance safety at the same time, so -- and I'll be happy to work with you on that. SHERIFF RAMBOSK: I agree and -- with Commissioner Kowal that, you know, if we can't do anything formally, we can absolutely make it part of the information that is provided to the driver that we know this is how things operate and, oh, by the way, we're enforcing, and remember you have a CDL license, because if you're not going to operate correctly, we're going to continue to cite until you're taken off the road. COMMISSIONER McDANIEL: I think one of the things, too, that we did was we adjusted the hours of operation of the quarries to -- because the hours were set to not let the trucks out until our peak traffic times had actually transpired. So if somebody over there with staff can look at those hours of operations again, maybe correlate that with the peak hours, because those -- peak hours have adjusted with our population increase. So if we can have a look at that, maybe that's something that we can also make an adjustment as we're going forward with this effort. Page 83 of 5419 September 24,2024 Page 69 SHERIFF RAMBOSK: Yes. Thank you. CHAIRMAN HALL: All right. Great. Troy, let's hear those public speakers. Then we'll take a break. MR. MILLER: Your first speaker is Monica Remer [sic]. She'll be followed by H. Michael Mogil. MS. RAMOS: Commissioners, good morning. My name is Monica Ramos. I was born and raised here in Naples, Florida, and I've seen the roads go from smooth to what they are now, which is, to be direct, out of control. As someone who was hit by a drunk driver over 10 years ago while at a red light intersection, causing lifelong injuries, this accident involving a local mother and a semi-truck that occurred three weeks ago on Immokalee and Logan alerted my maternal senses of protection to the highest degree. I speak for every mother on that. We are also a veteran family who does not take safety or security lightly, especially being a parent. I started a local petition on our local Facebook moms group mentioned here at the last meeting with over 32,000 signatures requesting safer roads and stricter consequences for violators. To this day, the Collier County Sheriff's Office has been the only organization besides the Naples Police Department to sit down with a group of us to hear our concerns; however, by the next commission meeting, this should be a formal agenda item. What I have learned over the last several weeks is almost everyone I've spoken to is afraid to drive and feels unsafe. Last weekend, there were four deaths on our highway off North Naples, and yesterday the Publix semi-truck causing a rollover. These are just a few of the many that have happened since and will continue to happen unless we truly want to involve more -- want to avoid more getting killed or seriously injured. We need more Florida Highway Department and more local Page 84 of 5419 September 24,2024 Page 70 police present on our roads. It matters, and it makes a difference. I came to plea to our Board of Commissioners today for the safety for everyone in Collier and to carefully review every street and every road, including the internal signal timing with the Department of Transportation, red light and speeding cameras, raising fines for speeding, DUIs, and red light runners, especially for commercial vehicles, in addition to infrastructure in congested areas such as Immokalee Road and all roads on the easternmost part of our district. We need to ask for the state and federal grant dollars -- resources for our county. Our collective taxpaying dollars should be spent within the borders of our county. Like Mr. Anthony said, and the Sheriff, this involves everyone, including us citizens; however, because of the population increase, there needs to be additional traffic enforcement and consequences so people respect our local laws and decrease distracted driving, aggressive driving, red light running, speeding, and injuries or -- and fatalities. People need to know that when they come to Collier County, they will be held responsible. We need to fight for the federal grants. And I plan to serve my community by participating in the Collier MPO's Steering Committee, and thank you for your public service to this community. MR. MILLER: Your next and final speaker is H. Michael Mogil. MR. MOGIL: Good morning, everybody. Good morning, everybody. I'm very sorry about that accident that happened a couple weeks ago at the red light at the intersection. I almost had a couple of those in the last couple of weeks myself. I'll just cite the intersection; it's Vineyards Boulevard and Vanderbilt. Both cars were going eastbound. The first incident, I was the first to make the green light heading north to make a turn to go west. My wife was Page 85 of 5419 September 24,2024 Page 71 behind me. I just look both ways when I go, make sure people stop. There was a car coming down the road, and my senses said, "He's not stopping." So I employed my new three-second rule. I count to three when the light turns green and do not go until I'm sure. That should be something that could educate the potential victims of red light runners, like the school system and the kids in driver's training, to wait three seconds. Don't be jackrabbit start. My wife said if I went into that intersection with that car going, I would have been T-boned and dead, absolutely positively. And if not me, if she was behind me, she would have been gone. So that's a bad intersection. There was another light two days ago. I stopped to make the right turn to go to Vineyards. A car just blew right through the red light. So I'm concerned about it; however, back in 2010 -- and, Commissioner Saunders, I believe the lights were in before 2010. They were removed in 2010. COMMISSIONER SAUNDERS: Okay. MR. MOGIL: And I'm one of the culprits that had them removed. My wife got a ticket on 951 and Golden Gate Parkway heading north. She came home and said, "I think I got a ticket. The light flashed. I looked down, I looked up, the light was red." Being the consummate scientist, I went to the intersection. I timed the light. It was supposed to be 4.5 seconds in a 45-zone per state standards. I think that's different than what was talked about here earlier. But she was entitled to 4.5 seconds, and the traffic signal was set at 3.8. I went to the magistrate. I presented her case to the magistrate on traffic violations, and she said, "Well, we'll give -- we'll discard it Page 86 of 5419 September 24,2024 Page 72 because your wife made a split-second decision." That wasn't the reason. The light was just not set right. So the light was then reset to 4.1, not 4.5. I checked other lights in town. That was the only bad one. That was the cash cow. That was what was funding the traffic program. The minute timing was changed, months later it was gone. So if the traffic people want to put red light cameras in and any of you want to put them in, I would support it based on what's going on now, but the traffic department has to be truthful. CHAIRMAN HALL: Thank you, sir. MR. MOGIL: If they're not, I'm against it. Thank you. CHAIRMAN HALL: Commissioner Saunders. COMMISSIONER SAUNDERS: All right. Mr. Chairman, I'll make a -- I'm going to put this all into one motion, because I think there's support to do all this. First of all, I want our Transportation staff to prepare a budget request, if you will, for the blue light at the different intersections. I understand that's about $12,000 per intersection, and you mentioned 20 intersections. I don't know if that's the right number of intersections, but come back with us with a number that you need for those blue lights in conjunction with the Sheriff's Department. And then I'd like, as part of that, for the Sheriff to come back when he has the information that is needed to let us know what he needs in terms of staffing and resources to help make these intersections safer. And then, thirdly, as part of that, to direct our Productivity Committee to evaluate the costs and benefits of red light cameras. None of us are taking a position in support of red light cameras right now by doing this, but simply asking our Productivity Committee to come back over a reasonable period of time, which may be 60 or 90 days, to kind of let us know what other communities are doing with Page 87 of 5419 September 24,2024 Page 73 red lights and -- red light cameras and whether or not that is something that we want to consider down the road. So, Mr. Chairman, that's the motion. COMMISSIONER McDANIEL: Second. CHAIRMAN HALL: All right. We have a motion and a second for these directions. All in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN HALL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN HALL: All opposed? (No response.) CHAIRMAN HALL: So moved. All right. It's time for our court reporter break. It's 11:11. Let's come back at 11:20. (A brief recess was had from 11:11 a.m. to 11:20 a.m.) MS. PATTERSON: Chair, you have a live mic. CHAIRMAN HALL: All right. If you could take a seat, we'll get rolling. County Manager. Item #7 PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA MS. PATTERSON: Commissioners, that brings us to Item 7, public comments on general topics not on the current or future agenda. MR. MILLER: I have four speakers here in the room and one Page 88 of 5419 September 24,2024 Page 74 on Zoom. Your first speaker is Scott Lepore. He'll be followed by Victoria Redstall. MR. LEPORE: Good morning, Commissioners, County Manager, Deputy County Manager. Thank you for having me here today. We heard a lot about emergencies today. We're about to have a big one, ladies and gentlemen, and it's called a medical emergency. Now, I've chaired sales tax for the last five years for this county, and I've got to tell you, the people I deal with are phenomenal and awesome here. The people in county government, they're irreplaceable. They do a wonderful and phenomenal job. So I'm hoping you can help, because we've got a real problem here. The number-one job of the government is the role of protection of the citizens. I take that serious, and I know you do, too. Blue Cross/Blue Shield and NCH are in a battle to the death over their contract. And at their meeting on Wednesday, they said they're getting ready to drop 45,000 Collier residents who are on Blue Cross and Blue Shield. Forty-five thousand. Not 450, not 4,500; 45,000 people. So who are we talking about? Well, if you're on Medicare and you have Blue Cross/Blue Shield, you're out. If you're on the ACA, for people who are self-employed like myself who pay $2,000 a month with a $15,000 deductible, I'm out also. All your FEP, your federal employee pensions, they're out. County workers, fire, police, EMS, if they have Blue Cross/Blue Shield, all your constitutional officers, if their people have Blue Cross/Blue Shield, they're out. The people at the 10 Teen Club on Marco Island who are a lot of relatives, retired police and fire, people who passed away on 9/11, their children, they're out. But you know who's not out, ladies and gentlemen, everybody who's illegal in the United States of America because they can have a Page 89 of 5419 September 24,2024 Page 75 fundraiser to cover that fund. I've had it with this. I'm absolutely at the end of my rope. The 45,000 becomes 60,000 when season starts because the 15,000 people from up north who are on Blue Cross/Blue Shield, they're out also. So now we have 60,000 people with two hospitals in Collier County, two ERs. Do you actually think that's going to work? Because I know it's not. We have times when we have four emergency rooms open in Collier County for everybody, and they go to diversion, and they send people to Miami, to Tampa. They send them up to Sarasota. How could we allow this to happen in Collier County? So I called Byron Donalds, our congressman; I called State Senator Passidomo; I called Commissioner McDaniel; and I called State Representative Bob Rommel. All those people got back to me within four hours on a Sunday, and they said, "You're absolutely right. We're trying to figure this out." But we have the biggest provider of healthcare in Collier County, NCH, versus the biggest provider of medical, Blue Cross/Blue Shield, in the State of Florida. They cover six million people. CHAIRMAN HALL: Thank you. MR. LEPORE: They're the biggest provider for lower and middle -- middle-income people. CHAIRMAN HALL: Thank you. COMMISSIONER SAUNDERS: Mr. Chairman, could I -- CHAIRMAN HALL: Yes, go ahead, Commissioner Saunders. COMMISSIONER SAUNDERS: After I spoke to Scott Lepore, I sat down with our manager, and I think Scott might need a couple minutes, because there's something here that really impacts our budget and our operations in a very significant way. I asked the manager to give a little thought to what happens to Page 90 of 5419 September 24,2024 Page 76 our EMS operations when we have 45,000 potential patients and they're diverted to other hospitals or other communities because of a diversion. And so I think it -- it's important for the Board to hear a little bit more, with your permission, on that diversion issue and from the manager as well if that -- that, I think, really gets to us a lot. MR. LEPORE: So what will happen -- if I have permission to continue. CHAIRMAN HALL: Yeah. Go ahead, Scott. MR. LEPORE: Thank you. So what will happen in diversion is people will be brought to the hospital that's closest. So you have an accident, and they bring you to NCH, and then they say, oh, you're one of those veterans who's on Blue Cross/Blue Shield. We don't take that plan here anymore, and they're going to ship you to Physicians Regional. Now, Physicians Regional is also on diversion. They're going to send you to Lee County. They're going to send you across the state. They're going to send you to Tampa. So as chairman of sales tax, we fund EMS stations, and we know we funded three that were all critical need. One is being built, and those other two are under -- are actually on hold right now. So my question is, where -- what is going to happen to our EMS system when we're spending all this time running people from one hospital to another? You already have an EMS system that's overtaxed. We know that because we have to build three new stations. But what happens when somebody gets to NCH? Again, if it was 450 people, ABC Insurance Company, I wouldn't be that concerned. I would be concerned for those 450, but when it's 60,000 people, EMS is going to become a taxi service to shuttle people to different hospitals that -- where the hospital accepts your plan. We can't allow that to happen in Collier County. We just spent 420 million protecting the citizens. We're building a VA nursing Page 91 of 5419 September 24,2024 Page 77 home. We're building a David Lawrence health center. We just spent $70 million last week to build the Sheriff a phenomenal evidence facility combining criminal investigation, Ruth [sic] relations. Commissioner LoCastro, you know about this. You were in the medical field. We're going to have an unmitigated disaster. And where is NCH? Are they here? They were told the meeting was coming. Do they not care? I mean, their whole upper-level management's making a million bucks a year in salaries. They took millions of dollars from our community to build a community hospital that now isn't even called a community hospital. It's called Naples Comprehensive Hospital. But what is that going to do for our citizens? Why can't we protect the veterans and the people on Medicare? We have a severe population of people here who are geriatric. CHAIRMAN HALL: We hear you, Scott. MR. LEPORE: I'm asking for your help. CHAIRMAN HALL: Commissioner McDaniel. COMMISSIONER McDANIEL: When is this going to take effect, Scott? MR. LEPORE: Six days. Six days. They've been arguing for 100 days back and forth. In six days. What, are we going to declare a medical emergency in February or March? CHAIRMAN HALL: Commissioner Kowal. COMMISSIONER KOWAL: Thank you, Chairman. Thanks for bringing this to our attention. You know, I was privy to -- you know, the city was dealing with NCH reference to the heart and lung center to build a new facility there, and, you know have a state-of-the-art facility for cardiac and -- or stroke, I'm sorry, not lung -- cardiac and stroke. But I think in the provision -- when they got approval through Page 92 of 5419 September 24,2024 Page 78 the City of Naples, you may be able to check this or not, but I think the upper echelons of NCH had to -- had to deem theirself a community hospital to get that passed. So I don't know if that has any bearing on this or not, if that changes who they have to accept or not accept by taking that designation on, but I know that was a big part of the meeting because I was -- you know, that's part of my district. And I believe they had to make that promise to get that project done through the City of Naples Council. So I don't know if that changes the makeup of what they can accept or not accept or turn people away when they take that designation -- MR. LEPORE: I know they took $20 million from my friend as a donation, and now they want to cut everybody out of Blue Cross/Blue Shield. I can tell you that. COMMISSIONER KOWAL: I just don't know if that specific designation of being a true community hospital changes from not being a community hospital. I don't know if that has a bearing on it, but -- unless somebody can investigate that. CHAIRMAN HALL: Commissioner McDaniel. COMMISSIONER McDANIEL: Just one quick. I did speak with Paul Hiltz, the CEO of Naples Community Hospital. I spoke with Matt Holiday as well. There are no current plans, per them -- per what I was -- what information was shared with me, there are no current plans to not provide service for everybody that is brought there. The management of that expense is going to be different than how it was before when Blue Cross/Blue Shield was, in fact, accepted. But for now, there's no -- there's no specific plans for diversion or anything along those lines. So the thought process I had was do we, as a board -- because I agree wholeheartedly that our No. 1 job is public safety. Do we Page 93 of 5419 September 24,2024 Page 79 want to -- do we want to have a hearing on this to find out if there's anything we can do with regard to funding, offset of expenses, so ons and so forths, just to ensure that our community is protected? Is that something that this board can do, should do? CHAIRMAN HALL: I don't know. You know, it's a tough question. It's a slippery slope. You know, if you got involved there, you have to get involved other places, and so I would like to discuss that with staff and see what we have as far as options. And if we want to come back, I think that's fine, but -- MR. LEPORE: Remember, you're going to have citizens who die in Collier County because of this. I know a lot of people who are struggling right now. I don't know if you noticed, but, like, food and gas is through the roof. It's become unsustainable for the middle class to live. And NCH says, by the way, you could still come here. You're just going to not be in network, so you're going to have to pay the full price, which is, I don't know, 50,000 a day. So, yeah, Commissioner Hall, you have to get involved. It's 45,000 people. CHAIRMAN HALL: I agree. I just don't know how at this point in time. Listening to you, I've been involved six minutes now. I don't have the answer for you, but I am interested. MR. LEPORE: I think every one of you should get on the phone with the CEO of NCH and say that this is unacceptable. I think the Collier manager should call them up and say that this is unacceptable. We have given you millions and millions of dollars over 60 years of our community support, and to tell 45,000 people that they're no longer in your network is absolutely unacceptable. It's not being a good community leader. CHAIRMAN HALL: Commissioner LoCastro. COMMISSIONER LoCASTRO: Thank you, Chairman. Page 94 of 5419 September 24,2024 Page 80 Let me just say a couple things. First of all, I share your passion with this. Nobody up here wants to see anything crash and burn. But I talk to Paul Hiltz regularly as well. NCH is equally upset. Don't think for a second that NCH is doing a whole bunch of things to not insure people. I don't -- and I'm with Commissioner Hall, I don't know where our jurisdiction is here. It's great that you reached out to Congressman Donalds because I think -- not to say we can't do anything, but it's not something the five of us could vote on, and then it's fixed. But I want to stick -- stick up for NCH just a little bit, if not a lot of bit, because I know this is on Paul Hiltz's top-three list, and it's all three of the things on his top-three list. Same with Matt Holiday. So don't think for a second NCH is sitting back and saying, well -- you know, don't forget, if they can't treat tens of thousands of people, that's a negative for them. Not only for our community impact but, you know, they're a hospital. They're a business as well. The conversations I've had with him, and I'm sure you have as well, they're irate, flabbergasted. I get their newsletter. The lead article in their newsletter all the time is, "Citizens, please call your representatives in Tallahassee. Please reach out to A, B, C, D, and E." And it's usually not us, because I don't -- I don't think this decision rests with us. But, you know, I just wanted to just say, for the record, NCH isn't rolling over on this or part of the problem. They are aggressively working the solution. I think, you know, if we were going to point fingers -- and that doesn't necessarily solve anything, but it's at the insurance company, for whatever reason is -- you know, has this issue. But I think our role could be to actively open up maybe more lines of communication and get even some higher-level folks from Page 95 of 5419 September 24,2024 Page 81 the state to get their input as well. COMMISSIONER McDANIEL: Commissioner Saunders, you know, you had a discussion with our County Manager and the impact on our EMS, and that is one place where we do have a say-so as to making some decisions as far as funding and such goes. COMMISSIONER SAUNDERS: Yeah. At some point I do want to hear from the Manager on what the potential impacts are. I know you've got a couple other speakers. I don't know if you want to hear from them before we make some decisions here. But I also agree that -- Commissioner Hall used the term "slippery slope." It is when you start getting into providing healthcare. So -- but there may be some things we can do, and I think the discussion with the Manager following the speakers might give us some guidance. MR. MILLER: Your next speaker is Victoria Redstall. She'll be followed by Diane Van Parys. MR. LEPORE: Thank you. MS. REDSTALL: Thank you for having me. I am going to be quick, because I'd like to give the rest of my time to Diane. The root of the -- Chris was wanting to know -- I mean Commissioner Hall, sorry -- was wanting to know how to do this. I'm just thinking that the root of everything is the illegal aliens in this county, and that is so important to me because I am a legal alien of your country. I took my mother to the emergency room a month ago, and it took about 10 hours for her to be seen, and that's -- we pay our taxes. We speak the language of the country. We've lived in wonderful Collier County for three and a half years. And to wait that long -- I am hoping that there was no illegal aliens in front of me. There might have been, and I'm glad I didn't Page 96 of 5419 September 24,2024 Page 82 know about it; otherwise, there would have been a big scene created, which I don't really want to do. I think the root of everything is that wonderful 287(g) program that the Collier County Sheriff's Department have. When they do commit a crime, when there's a misdemeanor or a felony, they go straight to ICE, and then ICE does whatever they want with them. Well, why wait for them to create a second crime? They've already created a crime by coming into our country illegally. They've created -- they've committed that crime. So once they come into this beautiful Collier County, right then, don't you think the 287(g) program should be implemented at that point and then call ICE? And that will then reduce everybody coming into our hospitals and into our emergency rooms and into our grocery store and blocking traffic. I could go as far as -- I mean, this might be another day, as Diane said, and I respect her so much, so I want to give the rest of my time to Diane Van Parys. MS. VAN PARYS: Your next speaker is Diane Van Parys. She'll be followed by H. Michael Mogil. Diane, please don't talk as fast. Our court reporter has to get these words down. COMMISSIONER LoCASTRO: I also just wanted to say that this isn't Congress or the Senate, so you can't yield your time to somebody else. So you either don't speak for three minutes and you give her your full three minutes -- but if you speak for two and a half minutes, she doesn't get an extra 30 seconds. That's what they do in D.C. It doesn't work that way here, although we have a little bit more latitude based on what the Chairman decides on letting you finish your sentence or what have you, but I just wanted to clarify that. MS. VAN PARYS: Okay. Great. Diane Van Parys. So I'm going to offer you two perspectives. One is on NCH, of Page 97 of 5419 September 24,2024 Page 83 which I have been at NCH over 10 times in my 14 years here, and most recently I was there for five days in April. So I do have a great perspective on being a patient there. But secondly, for 10 years, prior to going on Medicare last year, I was also on Florida Blue. So I want to offer both perspectives. And the first thing I want to say about Florida Blue is the relationship with NCH over the years had been really very good, and I'll give you an example. When I was getting my hip replaced, I was going to Dr. Biggs. And Dr. Biggs said, "Diane, you're young. I want you to get outplacement [sic] hip replacement, because you're very healthy. I do not want you in a hospital in NCH." Well, Florida Blue denied the outplacement and said it was out of network, and they said, "You must go to NCH." So I had my hip replacement at NCH, and Florida Blue paid NCH $23,000 for my hip replacement. Now, a Medicare person, they pay 7,000, but because I was under Medicare age, 23 grand went to NCH. That's an example of Florida Blue having a great relationship with NCH. Now I'll go into some NCH stuff. NCH is no longer Naples Community Hospital. It is called Naples Comprehensive Health. They actually have a center for philanthropy. Most non-profit organizations have a development group that raise money. No, they have created the Center for Philanthropy. And in their most recent newsletter, they -- in September, they had a Florida Blue update, and they had a video created by Paul Hiltz. And one of the things he said when he opened up the video -- it was 2.38 minutes -- was, do you know that Florida Blue made $14 billion in the first six months of 19 -- or 2024? What a way to start. That's because they've been having these ongoing negotiations for 100 days, and he's complaining that he's not getting the same reimbursement as other hospitals in the area -- that might be the Physicians Regional, the for-profit -- and that he wants fair Page 98 of 5419 September 24,2024 Page 84 reimbursements because Florida Blue made $14 billion. That's not the criteria. And so they demand that they put patients first, so they created standwithNCH.com website of which they have all kinds of things that literally are saying, oh, we need the money. We need higher reimbursements and everything; whereas Florida Blue, if you noticed in the Naples Daily News, they took out a full-page ad and said, "We need NCH to improve their criteria and their patient services and their patient abilities." CHAIRMAN HALL: Thank you, Diane. MR. MILLER: Your next speaker is H. Michael Mogil. He'll be followed on Zoom by Ewa Front. I know Mr. Mogil will be the last person speaking on this issue. Ms. Front will be speaking on a different issue. COMMISSIONER SAUNDERS: I know this is somewhat out of the ordinary. Diane is kind of waving like she needs just another minute or two. Can we give her another minute? I mean, I -- CHAIRMAN HALL: Sure. MS. VAN PARYS: And I'm coming down on the -- against -- not against, but I'm coming down and sharing some things about NCH. So I did do a little Gmail search of mine, and I pulled up a bunch of NCH e-mails. But one of them was a job opportunity they had. So I just want to read this so you'll understand where they say they are and -- versus where they really are. In six days they're going to be giving up 45,000 plus all those Medicare patients that have Medicare Advantage Plan. NCH is an independent, locally governed non-profit delivering premium comprehensive care. Our healthcare system is comprised of two hospitals -- THE COURT REPORTER: Can you slow down, please. Page 99 of 5419 September 24,2024 Page 85 MS. VAN PARYS: Oh, sorry -- comprised of two hospitals, an alliance of 700 physicians, of which we have a significant number of physicians that have gone concierge, and medical facilities and dozens of southwest. We are transforming into an advanced community healthcare system, and we're proud to provide higher acuted [sic] care and centers of excellence, offer graduate medical education and fellowships, have endowed chairs, conduct research and participate in national clinical trials and partner with other healthcare market leaders like Hospital for Special Surgery, Encompass, and ProScan. Join our mission to live a longer, healthier, happier life. They have not -- we're committed to care and believe there's always more at NCH for you and for every person. In addition to that, in their wonderful center of philanthropy, they say every -- they're asking for donations to help provide the care. Forty-eight percent of our gifts are under 2,500. Please consider giving care to improve patient care and save lives. Here they want to knock out 45,000 people. And I just want to clarify, Medicare Advantage Plan, the reason people select Florida Blue is so that when they go north, they can use it, because that can be used in every single state in the country. So that is a huge significance. I'm -- as I said, I'm actually not on Florida Blue Medicare Advantage Plan, but what I feel is NCH is really taking to task and saying all of these things when they're a non-profit hospital, non-profit community hospital, and they're going to be eliminating all of these people. And they have said in their video and in their stand -- their stand with NCH -- on that web page, they have all these things that said, "You will have to pay out of network if you come to our hospital." CHAIRMAN HALL: Thank you, Diane. Page 100 of 5419 September 24,2024 Page 86 MS. VAN PARYS: Thank you. MR. MILLER: Your next speaker is H. Michael Mogil. He'll be followed on Zoom by Ewa Front. CHAIRMAN HALL: Did you want to comment? COMMISSIONER LoCASTRO: Yeah, I do. And I don't want to preempt any comments that you have, but I think we're all in agreement here that we want to -- we want to bring the right folks together so we can have this discussion. I appreciate, Diane, your passion and things that you've said that have merit, but I can tell you NCH has done a lot of the amazing things in this community. So before we bash them, we need to work with them. I mean, we're going to gain nothing by saying "NCH is horrible. They've printed all this stuff in the paper." Trust me, you think Florida Blue is without any kind of, you know, critique? You think they're some kind of amazing charitable company run by the Vatican? So let's make sure -- and even they're not squeaky clean. I think -- this panel doesn't have the authority to just say yes or no and fix this, but what we do have is the air speed to bring the right folks together and say, "Look, we're very concerned as a community here." We don't have 10 hospitals in Collier County. So, you know, you sit here and -- so you've got either -- and you're right, sir, you know, I did work at Physicians Regional. One of the things that Physicians Regional doesn't have is some of the specialties that NCH has and vice versa. So there's even less choice in this county if you need something serious. The reason a lot of people get sent to Miami isn't because they would -- they wouldn't pay enough here. And the hospital didn't look at the procedure as a cash cow. The reason a lot of people get transferred is we don't have certain specialties here, and you have to go to Miami or you have to go to Jacksonville. Page 101 of 5419 September 24,2024 Page 87 But having said that, we gain nothing here by bashing a community hospital here that has saved a lot of lives and has done some amazing things. In this particular case here, they're having an argument with an insurance company, and, you know, there's probably, you know, blame on both sides. But make no mistake, NCH isn't cheering that they may not be able to take, you know, Florida Blue or Blue Cross and Blue Shield anymore. They want to be able to do that. I don't know that we have every single little fact here, but I think we have the ability to have a much more formal discussion as we do when we have big things that affect the community and bring in the experts here, like Paul Hiltz, like Matt Holiday, who we work with on a regular basis, and even the folks from Physicians Regional. I'd like to get their perspective as well. So I don't know how we wind up going about setting that up. But, you know, we're just getting a lot of data here that does have merit, but it's not going to solve anything this afternoon. But, you know, I'll end it just by saying NCH does a lot of really good things for our community, and if we need to get their attention on this one a little bit stronger, then I know I can speak for all five people up here, then we will do just that so we can separate rumor from fact. But go ahead, sir, the -- MR. MILLER: Mr. Mogil. COMMISSIONER LoCASTRO: I yield my time -- the remainder of my time to you, which is three minutes. MR. MOGIL: I was going to say 30 minutes, but that's okay. COMMISSIONER SAUNDERS: Now, when you waived the remainder of your time, were you talking about for the entirety of the meeting or just for this one item? COMMISSIONER LoCASTRO: See ya. Page 102 of 5419 September 24,2024 Page 88 COMMISSIONER SAUNDERS: I just wanted to get the record clear. COMMISSIONER McDANIEL: Are you going to give us a weather report, Mike? MR. MOGIL: Later. COMMISSIONER McDANIEL: Oh, okay, okay. MR. MOGIL: When they talk about the beach erosion and sand. COMMISSIONER McDANIEL: Gotcha, gotcha. MR. MOGIL: So I'm a certified consulting meteorologist, since you brought it up, and I do a lot of work with lawyers and insurance companies dealing with weather matters. So I'm going to sound a little bit like an attorney now, so please bear with me. I'm a card-carrying Florida Blue member. I've also done most of my medical care that needs hospital attention at NCH. And I concur with you, Commissioner LoCastro, neither side is without fault. I have many issues with Blue Cross that I'm going to send to Washington to get them fixed. One of the issues -- I'm just going to throw this out here, information. They will pay a claim by a billing office for a certain procedure, or whatever it is. The doctor's name is down there. I don't know who the doctor is. They've paid it. I have no way of finding out if it's a legitimate claim or not. That's the Blue Cross side of it. But the other part of the issue is, at least in the federal program from FE [sic] Blue, there is an open season starting next month on November 5th or November 12th. That's a real window, because if this goes into effect, there are going to -- people that are going to make changes in their insurance coverage based on open season. And I don't know if FEP Blue has -- I mean Florida Blue has an open season here, whether Humana or other people do. This says Page 103 of 5419 September 24,2024 Page 89 that if this isn't resolved during the open season, people will either make bad decisions and be stuck with it for a year, or people will not make a decision thinking things will be okay, and then they're not okay. So what I'm going to suggest, and I think the people that have spoken before me and some of you have said, is we may not be the best group to decide upon a solution, but I think that this might call for some type of court action that says, "Let's have an injunction on the negotiations. Let's keep them going and not throw people to the wolves as we go to an open season that may compromise decision-making." So I don't know how best to do that. I don't know if the county should do it as part of a quote, "medical emergency." If we should be doing it, to the four of us that are here. But the point is that if we make a decision on the 1st of October, a month and a couple weeks later, we're going to be stuck with that. And so I think it would make sense to say the negotiations need to keep going at least through open season. So that's my suggestion. And I can provide testimony of plus or minuses of FEP Blue or F -- not FEP Blue -- Blue Cross/Blue Shield, Florida Blue, or NIH -- NCH, I'm sorry, not NIH. That's a different issue. But anyway, I think that we need to have, like, a cooling-off period to get this done. So that's my suggestion. I offer it to the commissioners. MR. MILLER: Mr. Chairman, our final speaker is not on this issue. Did you want to have a discussion before I called that speaker? CHAIRMAN HALL: (Shakes head.) MR. MILLER: Okay. Your final registered speaker for public comment is Ewa Front. Ewa, you're being prompted to unmute Page 104 of 5419 September 24,2024 Page 90 yourself, if you'll do that. I see that you have. You have three minutes. MS. FRONT: Good morning, Commissioners. I'm speaking today to request your support in reinstating remote participation options for Collier County residents in Domestic Animal Services advisory board meetings. Until recently, these meetings were accessible to the public via Zoom or Collier Television. DAS is a vital community service, and all residents have a stake in its operations. The advisory board meetings provide valuable insights into recent progress, changes, and politics, making them an important resource for the community. Collier County's the home to a diverse population with residents at various stages of life. For many families, the evening hours when advisory board meetings, 6 to 9 p.m., are dedicated to family activities like sports, practices, homework, and dinners. The county has already made a significant investment in the community outreach position at DAS with a budget of nearly 100,000. This position is responsible for promoting programs and services through social media. I suggest that this individual, quote, at no additional cost to taxpayers, live stream the DAS meetings on platforms like YouTube, Facebook, or X. By reinstating remote participation options, we can ensure that all residents, regardless of their schedules or circumstances, have the opportunity to stay informed about the important work of the Domestic Animal Services advisory board. And thank you. MR. MILLER: And that's our final registered speaker for Item 7. CHAIRMAN HALL: All right. County Manager. MS. PATTERSON: Commissioners, that brings us to Item 9, Page 105 of 5419 September 24,2024 Page 91 the advertised public hearings. I guess before we get started here, let's check on what your thoughts are. We have three companion items. This is JLM that we'd be starting with here; however, we are up against -- if you want, we still have a full agenda here for the rest of the afternoon. So you probably want to make a decision on how far you want to go into the land use or if you want to take a regular agenda item and then lunch and then pick up land use. Your -- at your pleasure. CHAIRMAN HALL: Commissioner McDaniel. COMMISSIONER McDANIEL: Well, let's -- my suggestion is before we jump into the land-use items and such, let's have a discussion about what we were just talking about and bring some action of finality to the circumstances with Florida Blue and NCH. I'm not -- I'm not certainly well-versed enough to have a discussion right now without all of the parties. I totally agree -- and I know that there is an imminent time frame coming in here with regard to these negotiations and -- but I really think we, minimumly, should schedule a -- have a hearing on this with all of the parties that are impacted; someone from NCH, minimumly, as well as our own -- a report from our EMS as to what's transpiring with regard to transport as well as Physicians Regional and actually have a hearing on it. I don't -- we can't whip up a hearing in four hours today. But, minimumly, set it for our first meeting in October just to -- just to hear what's going on. And the question I had was maybe for Commissioner Saunders and/or the County Attorney, and that was a suggestion of some kind of an injunction to force the continued discussion of the negotiations. Is that something that we're authorized to do? MR. KLATZKOW: I don't know. I mean, I don't think we can, but I can come back at the next meeting. Page 106 of 5419 September 24,2024 Page 92 CHAIRMAN HALL: Commissioner Saunders. COMMISSIONER SAUNDERS: I think -- first of all, I think, you know, there's a drop-dead date of six days from now, so there's nothing that can happen within the -- that we can do in the next six days. But I've got a couple thoughts, and they may be crazy. First of all, I do want the manager to kind of let us know what the potential impact is here. But I'm wondering if we have the Chairman or someone else from the Board, but someone from this commission to meet with Paul Hiltz and see if there's a way to get a -- at least get a 30-day extension on the current reimbursements for NCH so that the negotiations can continue. That may be something that NCH may be willing to do. That may be something that Florida Blue might be interested in hearing, you know, a 30- or 60-day extension, so that we don't have a six-day drop-dead date here and then give us a little bit leeway. CHAIRMAN HALL: I don't understand the extent -- I don't understand the open season, but if we could get a -- and if we could get a -- I'd be willing to talk to them. I mean, I understand in this deal there is definitely two sides to this story. There's an insurance side, and there's a provider side. So this is the first I've heard of it, so my brain is spinning. MR. MOGIL: Can I explain open season? CHAIRMAN HALL: If you can do it really briefly, Mike, come up. COMMISSIONER SAUNDERS: While he's coming up to the microphone, I think that in terms of what I'm suggesting is if you could have that -- I think you've spent your lifetime negotiating. And maybe Paul Hiltz would be willing to understand the problem, especially if we hear something from the Manager in terms of what that's going to be -- what the impact's going to be on our operations. Page 107 of 5419 September 24,2024 Page 93 But, again, I don't know anything about their contract. I don't know anything about this dispute. The first thing I heard about it was last Friday. But reasonable people can sometimes sit down and at least work out a time frame for us. CHAIRMAN HALL: Yes. COMMISSIONER SAUNDERS: That's my -- CHAIRMAN HALL: No, it's a good thought. Okay. Open season. MR. MOGIL: Okay. So when you sign up for -- at least on the federal level I'm talking about. I don't know about Florida Blue in Florida -- you have a six-week period where you can change insurance providers. So I have -- I have FEP Blue now, as a retired federal employee. I can stick with FEP Blue for the next year and do nothing, or if I say, gee, you know, I'd really rather go to Humana, so I have six weeks to physically change enrollment so that now for the next year I'm in Humana. If I don't do that, I can't change in the middle of the year. I can't decide I don't like FEP Blue anymore. I want to go to Humana -- CHAIRMAN HALL: Gotcha. MR. MOGIL: -- or one other -- that's the thing. There are other open seasons out there. You'll see them advertising all over the place and on TV, even Humana and others. That's the open season. You can make your changes. That's it. CHAIRMAN HALL: This opens November the 5th? MR. MOGIL: I think it's November 5th or 12th. It's the beginning of November. CHAIRMAN HALL: Okay. Commissioner Kowal. COMMISSIONER KOWAL: Thank you, Chairman. I definitely would like to have somebody at least represent us to have a conversation about this with all sides, because I think the EMS thing is going to be crucial because we don't want to have Page 108 of 5419 September 24,2024 Page 94 individuals, you know, using our services or we're providing service to people, and we're -- you know, and our typical policy is, you know, take them to the closest available facility that can facilitate their particular illness or injury and them arguing with our staff, "Oh, I can go to -- I have Blue Cross/Blue Shield." And, you know, this just -- it's just not a good thing either way you look at it. But I guess I'm going to ask the obvious question in the room. I just heard about this on Friday, too. You know, there's not, like, a lot of news or anything covering it. But the obvious question is, is there other health providers in the state of Florida that are in the same position as NCH? COMMISSIONER McDANIEL: There are. COMMISSIONER KOWAL: Do we know that? COMMISSIONER McDANIEL: There are. COMMISSIONER KOWAL: You'd think that would be a state -- story on the news. COMMISSIONER McDANIEL: Lee Health is also in there. COMMISSIONER KOWAL: So there is some other -- I just was curious, because I didn't -- I've seen nothing on the news. And you'd think, when it comes to healthcare, it's very passionate, especially Southwest Florida with our elderly population. COMMISSIONER SAUNDERS: A couple folks might be able to answer that, it sounds like -- or it looks like. COMMISSIONER KOWAL: Oh, they're both fighting for the podium. MR. LEPORE: Thank you. So in my conversation with the people at Blue Cross/Blue Shield, there are a few areas. Lee County is having the discussion, too. That will create a catastrophe if Lee County and Collier County are both locked out of Blue Cross/Blue Shield. I just can't imagine where we'll be. And, Commissioner LoCastro, I'm not here to rag NCH. I Page 109 of 5419 September 24,2024 Page 95 actually went to the community meeting last Wednesday, and that's when Burt Saunders approached me on Friday at the Hilton Hotel and said, "What is going on?" I went to that meeting on Wednesday. Usually you don't get to this point. A hospital does not come out and tell you that they're having a severe problem with contract negotiations, to call your elected officials and call the number on the back of your insurance card. So I know that they got to a critical point when they had that meeting. What I thought was interesting was that they told NBC2, who did the story, "We've drawn a line in the sand, and we're not budging." Now, I've spent 35 years of my life negotiating, and negotiations are always a little give and take. And when somebody says, "I draw a line in the sand," that's why I reached out to commissioners, all the elected officials, because I knew that we're getting ready to have a huge problem. And I am very concerned how this will affect EMS. MS. VAN PARYS: And what I'd just like to add is that in 2022, Millennium Physicians Group, which is a very large group in Collier and Lee County, they actually suspended two different Florida Blue accounts. They got rid of Medicare Advantage, Florida Blue PPO, and an HMO for regular people. And so that had an effect, and people had to make changes. It wasn't communicated well by Millennium or by Florida Blue, but it was impacting them at the last of the year for January 1st. So my whole thing about this is if we could get that extension, because all the Medicare people that are on Medicare Advantage with Florida Blue, when they come back in January, if they're out of network for NCH -- and let's face it, NCH, at least 50 percent of their patients are Medicare -- that's going to be a very rude awakening. Those people aren't even here. They have no idea that that's Page 110 of 5419 September 24,2024 Page 96 happening, and that's a lot of people. Thank you. COMMISSIONER KOWAL: Thanks. COMMISSIONER LoCASTRO: One thing I will tell you that I do know is if you're out of network and you walk in an emergency room, they still have to see you. MS. VAN PARYS: Oh, right, they have to see you, but I just want to -- can I just say one thing. I had that five days at NCH, and do you know on my second day I was getting text messages that they -- that my insurance, which happens to be Aetna, not Florida Blue, that they still hadn't approved me to be in the hospital and I needed to contact the doctor. Here I am in there and -- anyway. I'm just saying, yes, they'll see you in an emergency, and they'll put you in the hospital if you need to be but -- COMMISSIONER McDANIEL: Who's paying? MS. VAN PARYS: The people are always looking for the money. MR. LEPORE: And if you're out of network, Commissioner LoCastro, they're going to charge you full price. So when I went to the emergency room last year for six hours, they billed Blue Cross/Blue Shield 24,000. The share of mine was about 6,000. So are you saying to me that I'm supposed to go there and pay the out-of-network fee of $24,000? Because that just sounds ridiculous. And it sounds like something we'd be doing in Collier County to our veterans and our seniors. It just -- something doesn't smell right here. And the fact that we're six days out, and nobody knows what's going on, that's not anybody else's fault except the people that control everything. So they knew that they were in a battle with Blue Cross/Blue Shield. And I agree, Blue Cross/Blue Shield is not the hero in this, but we can be the hero if we can figure it out. Page 111 of 5419 September 24,2024 Page 97 CHAIRMAN HALL: Commissioner Saunders. COMMISSIONER SAUNDERS: Yeah. And I hate to belabor this, but in terms of emergency care, because I think it's important for the public to know, I happen to be one of the authors of some legislation a long time ago, and that requires Blue Cross/Blue Shield or any insurance company to cover the normal cost of emergency care if you wound up in an out-of-network hospital. So if you have Blue Cross/Blue Shield and that's out of network, and you have an emergency, you're taken to NCH, you're going to be covered, but that's a special statute that deals with that. Beyond the emergency care, you're right, you're on the hook for that. MR. LEPORE: Right, and then EMS would have to come get you, and with 60,000 people in January, I just think it's going to be a disaster for all of us. CHAIRMAN HALL: Commissioner LoCastro. COMMISSIONER LoCASTRO: Maybe these will be the final comments. But I didn't just find out about it on Friday, so I talked to Mr. Hiltz, you know, quite a bit, when I -- actually, even when he saw this coming. Here's the thing. Florida Blue, much like every other insurance company, it ends with the word "company." These are companies. They're not, you know, in the business of curing people because they're good Samaritans. They also have a different contract with different hospitals. NCH's argument from day one is that this insurance company is paying other hospitals at a higher rate than NCH is getting paid. When -- I asked Mr. Hiltz weeks ago, maybe even a month ago, why is that the case? And I might be -- I don't want to speak for him. That's why I also want to -- and I don't want to summarize incorrectly, but the gist that I got from the person who's the CEO of NCH is he didn't feel that NCH maybe had done the best job keeping Page 112 of 5419 September 24,2024 Page 98 up with negotiations. And so while they were watching competitive hospitals have stronger contracts with the insurance company, NCH was sort of lagging behind, which happens at times. You know, you feel like you're just getting enough, and then you talk to your counterpart up in Sarasota who's running a hospital up there -- and I'm just, you know, making up examples -- and you find out that the same insurance company is compensating the hospital at a much higher percentage. And, you know, in order to make our hospitals, you know, better -- people always say NCH is not-for-profit. Trust me, the only thing that's not-for-profit is a church, and even they're for-profit. There's no such thing. Like you said, the executive's making X number of dollars. When I was the COO of Physicians Regional, people actually thought because we were a for-profit hospital, if you went to NCH and had your appendix removed, it was 50 bucks. If you came to Physicians Regional, it was $50,000 because we were for-profit. Totally not true. It's all regulated by a very specific, you know, set of criteria for costs. But I remember Mr. Hiltz telling me -- and it was probably a month ago -- that this was -- they were in a very deep negotiation because they felt like there was unfairness in what this insurance company was paying other hospitals in the state of Florida for the exact same things. That's how this whole thing started. And I believe I traded a couple notes with him just recently when I -- when this was a couple of weeks out from the deadline date. And I believe NCH had requested to continue negotiating and, you know, in so many words he basically said they don't want to -- they're done negotiating, so they're trying to, you know, force the issue. Trust me, NCH doesn't want to put 40,000 people, you know, Page 113 of 5419 September 24,2024 Page 99 without insurance in Collier County, and Florida Blue knows it. So I think they're trying to sort of maybe force the issue, or maybe both sides are trying to have sort of a stalemate. But that's the big issue. It's compensation. MR. LEPORE: Yeah. It's the reimbursement rate. And I feel like I'm watching two trucks on a one-lane road revving up at 100 miles an hour that are about to hit each other. And you know what the casualties are? The 45,000 citizens -- COMMISSIONER LoCASTRO: Absolutely. MR. LEPORE: -- citizens who live in Collier County. COMMISSIONER LoCASTRO: But I'd love to know from -- I'd love to know from NCH why our hospital, you know, is getting less of a reimbursement than hospitals of equal size, equal population, and I don't -- nobody would have that answer in here. You know, we could surmise it and guess at it, but I think, you know -- but, you know, getting the facts is what we need. But I believe that Mr. Hiltz was trying to continue negotiations and not have a drop in coverage, and it was -- it was Florida Blue that basically drew the line in the sand and said, you know, "Here's the date. Take it or leave it," so I don't know why that would be. But, you know, Mr. Hiltz is a pretty good negotiator as well, and I'm sure he doesn't want to see 45,000 people drop out of his -- you know, his network as well. MR. LEPORE: And we don't want to see 60,000 of our people have to go find a new primary care doctor come October 1st and then have to get referrals in networks when they've been diagnosed with serious illnesses like cancer. Ladies and gentlemen, this is a life-and-death situation. We have to do something. Even if it's outside of our purview, we have to try. And I'm begging you to do that. I've been here 35 years. I've given a lot of my time to this county and the community, and I Page 114 of 5419 September 24,2024 Page 100 really love this place, and I need your help on this. CHAIRMAN HALL: Thank you, Scott. Commissioner McDaniel. COMMISSIONER McDANIEL: Well, let's bring this to a head. I would suggest, Commissioner Saunders, do you want him to be the -- CHAIRMAN HALL: Well, he's got a relationship with Paul already. COMMISSIONER McDANIEL: Well, we all do, but I mean, he -- Commissioner LoCastro probably knows the most about all this internal workings and hidden mechanisms, and I would suggest that if the County Attorney finds out that an injunction can be utilized to continue negotiations, that we allow Commissioner LoCastro to initiate that so that we can force the negotiation to be consummated and brought public. So I'd shift it from Chair to Commissioner LoCastro to be the Board's liaison, and then we have -- and then we have a specific item at our first meeting in October. That's really as quickly as we can whip anything up short of that injunction, unless we have an emergency meeting, and I -- I don't know how you-all feel about that. COMMISSIONER LoCASTRO: I will reach out to him immediately when we have a break here, and I will insist on a face-to-face meeting immediately as well, because this is a ticking time bomb. And I know Paul will -- you know, will say yes instantaneously. And I'm by no means a subject-matter expert, but I might have just a couple more percentage bits of knowledge on the insurance just from -- and also, too, I'm hoping I can pull Physicians Regional, which sometimes isn't as sort of involved at times with certain things, into this discussion as well because, I mean, we're trying to make sure that healthcare across Collier County, regardless of what hospital Page 115 of 5419 September 24,2024 Page 101 you go to, doesn't implode or that one hospital isn't overwhelmed. Trust me, Physicians Regional isn't licking their chops hoping that, you know, NCH implodes, because they can't handle the volume. And so it's not a matter of that. But if that's the will of the Board, I will reach out at the -- at our next break to Paul personally, and I will meet with him instantaneously and then report back. And I can -- even not the next meeting. I can send something through the County Manager and just say, here's what he told me, here's what we're doing, and, you know, keep everybody abreast of what's going to happen in the next, you know, six days or not. CHAIRMAN HALL: Commissioner Saunders. COMMISSIONER SAUNDERS: Thank you. I think that's a great suggestion. I think at our next meeting the agenda item should be for just the discussion on options as opposed to listing anything. I don't want to be in a position of where we're making some commitment to do something that we -- like an injunction, filing a lawsuit, those things. I don't know that we want to be in that position, but I do think we should have a discussion of our options and just to leave it open. COMMISSIONER McDANIEL: Okay. I'm fine with that. You know, there again, it was just a suggestion I had just because of the six-day fuse and, you know -- and then the impact on our EMS system at large. We have exposure if it starts flowing over into -- into the utilization of our EMS system, so... CHAIRMAN HALL: All right. MS. PATTERSON: Commissioners, do you want to proceed with land use? CHAIRMAN HALL: Let's see. I'm trying to shoot for a break at 12:45. How many speakers do we have on the -- MR. MILLER: 9A and 9B and 9F? Page 116 of 5419 September 24,2024 Page 102 CHAIRMAN HALL: Yes. MR. MILLER: Zero. CHAIRMAN HALL: Okay. Yeah, let's move forward. MS. PATTERSON: All right. Item #9A ORDINANCE 2024-41: AMEND COLLIER COUNTY GROWTH MANAGEMENT PLAN TO ADD THE JLM LIVING EAST RESIDENTIAL OVERLAY TO ALLOW A MAXIMUM DENSITY OF 305 MULTI-FAMILY DWELLING UNITS WITH AFFORDABLE HOUSING FOR PROPERTY WITHIN THE RURAL FRINGE MIXED USE DISTRICT- RECEIVING LANDS. THE SUBJECT PROPERTY IS LOCATED ON THE SOUTH SIDE OF IMMOKALEE ROAD, EAST OF WOODCREST DRIVE, IN SECTION 25, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF ±37.2 ACRES. (PL20220003804) (COMPANION TO ITEMS #9B & #9F (PL20220003805 AND PL20230007642) (ADOPTION HEARING) - MOTION TO ADOPT WITH CHANGES BY COMMISSIONER HALL; SECONDED BY COMMISSIONER LOCASTRO – APPROVED (COMMISSIONER SAUNDERS OPPOSED) MS. PATTERSON: These are companion items, Item 9A, 9B, and 9F. I'll read them into the record, and then we'll get you sworn in with the court reporter. 9A is a recommendation to amend Collier County Growth Management Plan to add the JLM Living East Residential Overlay to allow a maximum density of 305 multifamily dwelling units with affordable housing for a property within the Rural Fringe Mixed-Use District Receiving Lands. The subject property is located on the Page 117 of 5419 September 24,2024 Page 103 south side of Immokalee Road, east of Woodcrest Drive, in Section 25, Township 48 South, Range 26 East, Collier County, Florida, consisting of 37.2 plus/minus acres. Item #9B ORDINANCE 2024-42: APPROVE A REZONING OF REAL PROPERTY FROM A RURAL AGRICULTURAL (A) ZONING DISTRICT WITHIN THE RURAL FRINGE MIXED-USE OVERLAY-RECEIVING DISTRICT AND WITHIN THE SPECIAL TREATMENT OVERLAY (ST) FOR THE PROJECT TO BE KNOWN AS JLM LIVING EAST RPUD TO ALLOW CONSTRUCTION OF UP TO 305 MULTI-FAMILY DWELLING UNITS WITH AFFORDABLE HOUSING ON PROPERTY LOCATED ON THE SOUTH SIDE OF IMMOKALEE ROAD, EAST OF WOODCREST DRIVE, IN SECTION 25, TOWNSHIP 48 SOUTH, RANGE 26 EAST, CONSISTING OF 37.2± ACRES. (PL20220003805) (COMPANION TO ITEMS #9A & 9F (PL20220003804 AND VACATION PL20230007642) - MOTION TO ADOPT WITH CHANGES BY COMMISSIONER HALL; SECONDED BY COMMISSIONER LOCASTRO – APPROVED (COMMISSIONER SAUNDERS OPPOSED) MS. PATTERSON: Item 9B is a recommendation to approve a rezoning of real property from Rural Agricultural (A) zoning district within the Rural Fringe Mixed-Use Overlay Receiving District and within the Special Treatment Overlay for the project to be known as JLM Living East RPUD to allow construction of up to 305 multifamily dwelling units with affordable housing on property located on the south side of Immokalee Road, east of Woodcrest Drive, in Section 25, Township 48 South, Range 26 East, consisting Page 118 of 5419 September 24,2024 Page 104 of 37.2 plus/minus acres. Item #9F RESOLUTION 2024-188: ADOPT PETITION VAC- PL20230007642 TO DISCLAIM, RENOUNCE, AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN THE 10-FOOT- WIDE PUBLIC ROAD RIGHT-OF-WAY EASEMENT OVER THE WESTERLY 10-FEET OF TRACT A-1, AS DESCRIBED IN OFFICIAL RECORD BOOK1476, PAGE 242, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED APPROXIMATELY 2,000 FEET SOUTH OF IMMOKALEE ROAD (CR-846) AND 1,000 FEET WEST OF RICHARDS STREET IN SECTION 25, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. (PL20230007642) (COMPANION TO ITEMS #9A, #9B & #9F (PL20220003804 AND PL20220003805) - MOTION TO ADOPT WITH CHANGES BY COMMISSIONER HALL; SECONDED BY COMMISSIONER LOCASTRO – ADOPTED (COMMISSIONER SAUNDERS OPPOSED) MS. PATTERSON: And finally, its final companion is formerly Item 17A, now Item 9F. This is a recommendation to approve Petition VAC-PL20230007642 to disclaim, renounce, and vacate the county and the public interest in the 10-foot-wide public right-of-way easement over the westerly 10 feet of Tract A-1 as described in Official Record Book 1476, Page 242, of the public records of Collier County, Florida, located approximately 2,000 feet south of Immokalee Road and 1,000 feet west of Richards Street in Section 25, Township 48 South, Range 26 East, Collier County, Florida. Page 119 of 5419 September 24,2024 Page 105 This item does require all participants to stand and be sworn in by the court reporters -- 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: And before the applicant gets started, we need ex parte from the commissioners. CHAIRMAN HALL: Commissioner McDaniel. COMMISSIONER McDANIEL: Yes. I'm going to say I have ex parte on all three. CHAIRMAN HALL: I do as well. Commissioner Kowal. COMMISSIONER KOWAL: Yes. I have on 9B, 9C [sic], and 9F; all meetings. CHAIRMAN HALL: Commissioner Saunders. COMMISSIONER SAUNDERS: And I have the same. I have meetings on all three of those. CHAIRMAN HALL: And we'll catch Commissioner LoCastro when he returns. MR. YOVANOVICH: Good afternoon. For the record, Rich Yovanovich on behalf of the applicant, which is JLM Living LLC. Dan Deichert is with me today from JLM. Mr. Arnold is our professional planner, Mike Delate is our civil engineer, Jim Banks is our traffic consultant, and Marco Espinar is our environmental consultant. I'm going to do, if it's okay, an abbreviated presentation for this matter since there are no public speakers, but I do want to cover the basics. The property is located on Immokalee Road. It's just east of Woodcrest Drive, which you can see, which is right over here. And Page 120 of 5419 September 24,2024 Page 106 Woodcrest extends all the way down to Vanderbilt Beach Road. So there is an opportunity to avoid the intersection of Immokalee Road and Collier Boulevard when leaving this project. The project -- the acreage is 37.2 acres -- (Child crying.) MR. YOVANOVICH: I hope it wasn't me. The future land-use designation, we're within the Rural Fringe Mixed-Use District, and what we're proposing is a Growth Management Plan amendment, which I know at some point can be a dirty word. But the only reason we're doing this Growth Management Plan amendment is not for the density, because we already are consistent with the density under the current Land Development Code density bonus system, but the county hasn't yet done its amendment to allow for people making 100 percent or less of the median income to get that density for rental projects. So the only reason we're doing this is because that amendment hasn't yet been made, but as you all are aware, the 30 percent set-aside for income restrictions is for the 100 percent and below category and as well as 80 percent and below category, and every rental project, obviously, has had that restriction recently. So we're doing this because we're just a little ahead of the county on getting the 100 percent and below rental incomes to qualify for the density bonus. So that's what we're doing, a small-scale Growth Management Plan amendment. We're doing a rental project that's a little unique. We've shown you -- and the Planning Commission liked the project, and staff liked the project. You'll either have basically small single-family homes for rent, or you'll have duplexes for rent. So it's not your typical apartment complex that's three or four stories tall, which is consistent with the communities around us, which are both single-family and single-family with multifamily in Page 121 of 5419 September 24,2024 Page 107 them. That's the exact language that's in the code. For purposes of what's around us, you will see this is LaMorada over here, and what we've done is we've limited our -- we have one-story residences next to LaMorada, and over here -- I think maybe the next page is the better page -- and over here is Ventana Pointe, and we have single-family, one-story residences along there as well. So those were all in response to the communities next to us saying, "Please have lower one-story residences next to us." We've addressed buffers on both sides to address concerns from those two communities. And I think we've done a good job, because they're not here. And at the NIM there were some concerns, and we took care of those concerns. So your Planning Commission recommended approval unanimously, and staff is recommending approval. It is a unique project. It's only 8.2 units per acre, which is probably one of the lowest densities you've seen for a multifamily project, and what we're also doing, since we're in the Rural Fringe Mixed-Use District, is we are buying TDRs to get to the base of one unit per acre. So we're -- we're complying with the Rural Fringe Mixed-Use District by buying TDRs, and we're complying with the county's mandate basically to provide 30 percent income-restricted units for any bonus above the one unit per acre in the Rural Fringe Mixed-Use District. And the Rural Fringe Mixed-Use District does actually -- was recently amended to allow up to 12.2 units per acre. Under the density bonus program that's in your LDC, we could get to 8.5 units per acre for what we're providing. We're at 8.2. So with all that, we're consistent with the LDC, we're consistent with the GMP, and we've had unanimous recommendation of approval from the Planning Commission, and we have staff support. That was a lot, and I probably spoke too fast. Terri, I'm sorry. Page 122 of 5419 September 24,2024 Page 108 And with that, the whole team is here to answer any questions. CHAIRMAN HALL: Commissioner McDaniel. COMMISSIONER McDANIEL: Yes. Let's start at the bottom, or on the south end. Do you have a written access agreement on Sundance? MR. YOVANOVICH: Sundance is a public road, so it's already in place. It's platted. So Sundance is there. We have an emergency access on Sundance. And what we're vacating is basically a driveway that was serving the two parcels that are adjacent to Sundance. COMMISSIONER McDANIEL: The driveway came up into your piece, but I was just talking about the access -- MR. YOVANOVICH: Right here. COMMISSIONER McDANIEL: -- out on the south side of Ventana. It was my understanding that that was owned by them. MR. YOVANOVICH: Nope. Sundance is public from us all the way over to Richards. COMMISSIONER McDANIEL: Okay. Somebody checking on that, Trinity? Because that was my -- it was a concern. And if it is a private road -- MR. YOVANOVICH: It was public, as we were initially going to try to vacate that as well, but the people to the south, which is Calusa Pines, were opposed to that, so we -- it's public dedicated easement. So we have access all the way over to Richards. COMMISSIONER McDANIEL: Okay. Number two, when we met yesterday, you talked about the potential utilization of the school site as an off-hours egress for your subdivision -- MR. YOVANOVICH: Correct. COMMISSIONER McDANIEL: -- alone. I would like to -- I want some kind of a provision, assuming -- if this approval goes forward, I want a written proposition to the school as to what you will Page 123 of 5419 September 24,2024 Page 109 do to garner that access -- MR. YOVANOVICH: Sure. COMMISSIONER McDANIEL: -- as to what you'll -- how much you'll pay and how you'll regulate it and maintain it. You made mention yesterday of multiple things, but my understanding, in communication with the school, was no actual offer was ever made. MR. YOVANOVICH: I'll have to follow up, but I'm pretty sure I sent an e-mail explaining what we would propose to do, and we're happy to get them another proposal. COMMISSIONER McDANIEL: I'm not arguing with you. I'm just sharing with you -- MR. YOVANOVICH: Sure. COMMISSIONER McDANIEL: -- that it was represented to me that no actual offer was made "if you do this, we'll do that," and vicey versy, and I would like -- MR. YOVANOVICH: Sure. COMMISSIONER McDANIEL: I want that to be a portion somehow. Because one of the holdbacks that I have on the development is the ingress and egress. It all dumps out onto Immokalee Road, and then it forces U-turns, and I think there are three U-turns that were availed to these folks before -- in order to be able to get out and go back to the west. So certainly having access to that traffic light would be a huge benefit if it can be done in cooperation with the school. MR. YOVANOVICH: Sure. We are happy to put another offer in writing to them and hopefully have some discussions that are fruitful. COMMISSIONER McDANIEL: Okay. Is there any way we can tie that in? MR. YOVANOVICH: We're happy to -- you can direct us to make that offer. Page 124 of 5419 September 24,2024 Page 110 COMMISSIONER McDANIEL: Okay. MR. YOVANOVICH: Obviously, I can't be beholden to whatever they demand. But we are -- we're very interested in getting that access, so we've been trying to have discussions, as we talked to you about. COMMISSIONER McDANIEL: Okay. CHAIRMAN HALL: On the traffic count, is there any hard numbers what we're going to add or -- MR. YOVANOVICH: There is a -- Wayne, do you have that number handy? MR. ARNOLD: The trip cap? MR. YOVANOVICH: Yeah, the trip cap. I'll get you the number here in a second. It's 314 two-way peak-hour trips, which the road obviously could accommodate. I know it's a busy road, but it does not re-grade the level of service. CHAIRMAN HALL: Any other comments? (No response.) CHAIRMAN HALL: I'll make a motion to approve all three of them and -- with the understanding that you'll make the offer to the neighbors for the traffic light. COMMISSIONER LoCASTRO: Yep. I'll second that. COMMISSIONER SAUNDERS: Mr. Chairman -- CHAIRMAN HALL: Commissioner Saunders. COMMISSIONER SAUNDERS: -- on the motion, just a quick comment. I am still concerned about the traffic on Immokalee Road, so I'm not going to support the motion. You know, this is one of those projects, it's a very nice-looking project, and it's in an area that is not all single-family, but the issue still is -- for me is the increased traffic on Immokalee Road, so I'm not going to support the motion. CHAIRMAN HALL: Commissioner LoCastro. Page 125 of 5419 September 24,2024 Page 111 COMMISSIONER LoCASTRO: Let me ask you this, Commissioner Saunders. I mean, anything that gets built is going to increase. A 7-Eleven gets built, it increases traffic. Is there anything you think the developer could do that would make you feel a little bit better about the flow or -- I mean, because -- I mean, this piece of property's not going to turn into a dog park. It's going to be something that's going to increase traffic. So I mean, we have a developer here that's at the, you know, final stage, you know, before we -- and this might be apples and chairs, not apples and oranges. But one of the things you said at a previous meeting when we voted on an apartment complex and you said, "I kind of hate it the least because you could get a charter school that comes in there." And we're all worried about traffic, and then all of a sudden something worse comes in. So before we, you know, vote 4-1 and it moves forward, I'm not as concerned about the vote. I'm more concerned, as we all are, about making this as good as humanly possible. This is your district. Is there something that you asked them to do that they refused or something with the design or, regardless, you just don't like this project? COMMISSIONER SAUNDERS: There's nothing that I asked them to do, and I think the condition that Commissioner Hall has talked about in terms of at least attempting another offer for the access -- but my concern is we are taking, basically, residential property and we're changing the Comprehensive Plan, and I had objected to that. So that's my problem with it. COMMISSIONER LoCASTRO: Okay. CHAIRMAN HALL: Commissioner McDaniel. COMMISSIONER McDANIEL: Yes. And I'm really happy that you incorporated the written request to the school for that access, because that's key to success for any kind of flow. Page 126 of 5419 September 24,2024 Page 112 And the comment that I'm going to make -- because I can count. We're getting ready to go here. But it is imperative -- because I had a discussion with Mr. Bosi yesterday. We're behind on what we need to be doing with the Rural Fringe Mixed-Use District. The -- I've asked for quite some time for the matrix with regard to the TDR generation in relationship to the TDR consumption and the necessities for those, and the development criterium within the receiving areas of the Rural Fringe Mixed-Use District have been known to be onerous and prohibitive for any developer to come forward, acquire the TDRs, and still meet the development criterium. And so my ask is here, publicly, that we ramp this up, County Manager, so that -- I also know we lost three planners within the last 30 days, and Mr. Bosi's spinning in circles. And so we need to hire a contractor. We need to hire contract consultants to ramp up this effort because, again, we're starting the GMP amendment for Golden Gate Estates Rural east of 951 and moving that through that East of 951 Horizon Study Committee. Ultimately, those GMP amendments are going to come back to this board as well. So I think it's imperative that we ignite the relook at the RFMUD. So I'm done. We can vote. MR. YOVANOVICH: I need to correct something I said. The number of trips is not 314. It's 295. Not that it makes a big difference, but it's less than the number I had originally said. CHAIRMAN HALL: All right. I'm -- we have a motion and a second to move this forward with the change that we're going to get an offer in writing for the red light use. MR. YOVANOVICH: Yes, sir. CHAIRMAN HALL: All in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN HALL: Aye. Page 127 of 5419 September 24,2024 Page 113 COMMISSIONER KOWAL: Aye. CHAIRMAN HALL: All opposed? COMMISSIONER SAUNDERS: Aye. CHAIRMAN HALL: 4-1, so moved. MR. YOVANOVICH: That was for all three, correct? COMMISSIONER McDANIEL: Correct. CHAIRMAN HALL: Yes, that was for all three items. MR. YOVANOVICH: Thank you. Item #9C RESOLUTION 2024-187: ADOPT A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW A COMMUNICATIONS TOWER ON LANDS ZONED ESTATES (E) WITHIN THE RURAL GOLDEN GATE ESTATES SUB-ELEMENT OF THE GOLDEN GATE AREA MASTER PLAN ELEMENT OF THE COLLIER COUNTY GROWTH MANAGEMENT PLAN PURSUANT TO SECTION 2.03.01.B.1.C.12 AND SECTIONS 5.05.09.E.1 AND 5.05.09.H OF THE COLLIER COUNTY LAND DEVELOPMENT CODE ON +0.39 ACRES OF A +5.15 ACRE TRACT LOCATED AT 3147 31ST AVENUE NE (PARCEL 40171120002), AT THE NORTHEAST CORNER OF THE INTERSECTION OF NE 31ST AVENUE AND EVERGLADES BOULEVARD NORTH, IN SECTION 20, TOWNSHIP 48 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA. (CU-PL20220003008) - MOTION TO ADOPT AS PRESENTED BY COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER HALL – ADOPTED MS. PATTERSON: Commissioners, that brings us to 9C. Page 128 of 5419 September 24,2024 Page 114 This is a recommendation to approve a resolution of the Board of Zoning Appeals of Collier County, Florida, providing for the establishment of a conditional use to allow a communications tower on lands zoned Estates within the Rural Golden Gate Estates Sub-Element of the Golden Gate Area Master Plan Element of the Collier County Growth Management Plan pursuant to Section 2.03.01.B.1.c.12, and Sections 5.05.09.E.1 and 5.05.09.H of the Collier County Land Development Code on plus or minus .39 acres of a plus 5.5-acre tract located at 3147 31st Avenue Northeast at the northeast corner of the intersection of Northeast 31st Avenue and Everglades Boulevard North in Section 20, Township 48 South, Range 28 East, Collier County, Florida. County Attorney, do we need to swear in the participants for this item? MR. KLATZKOW: Yes. MS. PATTERSON: All right. All of the participants, please stand 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: And before we get started, again, ex parte from the commissioners, please. CHAIRMAN HALL: Commissioner Kowal. COMMISSIONER KOWAL: Yeah. I'm sorry. What item are we on now? MS. PATTERSON: 9C. CHAIRMAN HALL: 9C. COMMISSIONER KOWAL: I'm taking notes on this stuff. COMMISSIONER LoCASTRO: You're not negotiating with Paul Hiltz at NCH. Kidding. Page 129 of 5419 September 24,2024 Page 115 COMMISSIONER KOWAL: 9C, meetings. Sorry about that. CHAIRMAN HALL: Commissioner Saunders. COMMISSIONER SAUNDERS: I don't believe I had any ex parte, Mr. Chairman. CHAIRMAN HALL: I have no ex parte. Commissioner LoCastro. COMMISSIONER LoCASTRO: I don't either, no. CHAIRMAN HALL: Commissioner McDaniel. COMMISSIONER McDANIEL: Oh, I have a whole bunch of ex parte with a whole pile of them yesterday when I was over at Great Wolf Lodge. But I do -- e-mails and phone calls with regard to this. CHAIRMAN HALL: Great. MS. PATTERSON: Very good. We'll begin with the applicant. MS. JAHN: Good morning -- or good afternoon. My apologies. I'm Mattaniah Jahn, 935 Main Street, Suite C-4, Safety Harbor, Florida 34695. I have taken an oath. I also have with me Bill Compton with Verizon Wireless, Byron Ellis with -- Elkins with T-Mobile, and George Brosseau with AT&T should you have any questions as to the RF need for this site. I also have a property appraiser, David Taulbee, and all of my witnesses have taken oaths. I come before you today with staff and Planning Commission recommendations of approval for the construction of a 180-foot-tall monopine-style communication tower upon Parcel 40171120002. And the parent parcel is cleared land with a single-family house. As I go into my maps today, all maps that I show you, up will be north unless I state otherwise. So first I'm showing you an aerial from your Property Appraiser, and you can see Oil Well Road as the yellow line that cuts east and Page 130 of 5419 September 24,2024 Page 116 west through the middle of this. Of course, we have the Rural Estates showing -- you can see the fairgrounds up in the northeast -- northwest corner, and Immokalee Road comes down from the northwest corner and curves around. Off to the east is agricultural lands that will become the Town of Big Cypress, just to help orient us. This project is where the yellow arrow is, and it's a parcel that is -- has frontage along Everglades Boulevard. Everglades Boulevard is the white line that you see heading north and south immediately to the west or left of my arrow. So as we proceed closer in, you can get a better view of what's going on here. Of course, you can see Oil Well Road cutting east and west. You can see the Starwood PUD or the Hyde Park Rural Lands Stewardship agreement, I believe, is what the underlying name is, but it's developed as Starwood, and you can see the -- you can see Everglades Boulevard running north and south. The yellow parcel is the parent parcel. To the north are ranchettes. And I was asked during Planning Commission what do I mean by ranchettes. I mean houses that are a bit of land, enough land where you could have an outbuilding. So a couple of acres is, in my experience, what a ranchette is. Then we have 33rd Avenue Northeast and then Oil Well Road. Then we have Rural Estates proceeding north of Oil Well Road. To the south is 31st Avenue Northeast, so that's immediately south of us. Then you have residential lots, more of the ranchette lots in the Estates as you proceed south. To the east are more of those ranchette lots in the Estates as you proceed off east towards a canal at the end of our road a mile away. To the west is a house owned by the landlord. You'll see that on a closer view. Then you have Everglades Boulevard, and the other side of that is more ranchette lots. Page 131 of 5419 September 24,2024 Page 117 This property qualifies for an essential -- and I've applied my yellow arrow. And this is a closer view to give orientation again. And, again, the yellow parcel is the parent parcel. You can see the house owned by the landlord. He has family residing there, is my understanding, and then you have Everglades Boulevard. This property qualifies for the essential service of a communication tower under your Land Development Code because it does have frontage along Everglades Boulevard. And that is where you -- that is where your code directs communication towers in the Estates. Without going too deep into history of the code, and I'm -- and I apologize if I'm retreading ground that you've been over before. Once upon a time, the Estates were not open for communication towers. When you did open them up a couple years back, you added a provision that directed communication towers to be located near major roads such as Everglades Boulevard. All right. And this is just your county GIS showing that we are Estates zoned and then showing that -- and this is your county -- this is your county Future Land Use Map showing the parent parcel has a future land-use category of Estates. Communication towers are an allowable use via the conditional-use process in the Estates when the parent parcel has frontage on roads like Everglades Boulevard. We are not asking for any -- Bridger is not asking for any relief or variances from your Land Development Code. All right. I'm showing you Sheet Z-3 from the -- from the plans on file. And the monopine provides the code-required 50 percent tower height separations from Estates-zoned land in all directions. Specifically, as you move to the north, the east, and the south and the west, you actually exceed the code required. So to the north it provides 1.6 times tower height, to the east it provides 2.1 times Page 132 of 5419 September 24,2024 Page 118 tower height, to the -- to the south you have 177 feet, and -- to the south we have -- and then to the west we're for 5.3 times tower height, and that's the code -- I apologize. That is multiples of the 50 percent tower height separation. So my apologies. I normally take lunch at 11 a.m. So the numbers that you are seeing here are multiples of the code-required separation. But further the mono -- and this is what I was rushing into is the next set of numbers I'm going to be showing you. The monopine exceeds the spirit of your Land Development Code by providing 100 percent tower height separation or your non-camouflage tower heights distance to the nearest residential structures. So to the north, we have 1.4 times tower height. To the east, 1.2 times tower height. To the south, two times tower height, and to the west, we have 1.19 times tower height. That's to the house that's on the parent parcel. If I were to measure to the nearest house that's off the parent parcel, that would be a much larger distance. The closest house to this project is actually the house on the parent parcel owned by our landlord and occupied by his family. The monopine -- further, the monopine-style communication tower -- and I'll go into what that term of art means in a moment -- meets the Land Development Code's required lot setbacks for Estates-zoned land. This will be designed to the latest Florida Building Code and have 130-foot fall-zone radius. A fall-zone radius means that there's a pre-engineered crimp point where the monopine will fold over upon itself if it were to fail. Your Planning Commission asked me to provide something more than just my description of what that looks like, so I did provide -- one moment -- an example. So this is an older tower that had been damaged by Hurricane Michael, and you can see that the damage from the hurricane's pretty extensive to the area around it, the trees and whatnot, but that tower in that picture is all in one piece. It Page 133 of 5419 September 24,2024 Page 119 just folded over upon itself, and that's what they're designed to do. All right. So as you can see, the monopine is centered on the eastern side of the parent parcel. It is this circle that is within the white square, which is the equipment compound, and then the gray border around that is the code-required landscape buffer. The code-required 8-foot-tall masonry wall or fence will be provided. This is just Sheet Z-4 showing that the monopine is designed to collocate. Your code encourages that towers are shared or collocated in order to prevent the proliferation of towers, so you don't end up with stuff like what they have in Atlanta where you would have clusters of towers. You might see the -- my memory of that is going along the Buford Highway in Atlanta, and you have several of them on the same parcel. In this case, you just have one tower. There is adequate space at the bottom for sharing and, of course, this will be collocated by Verizon as the anchor tenant up top along with AT&T and T-Mobile. I'm showing you Sheet Z-5. This is just the elevation of the monopine. And a monopine is a type of tower where it is designed with a single support pole with no guy wires or ironworks extending out from it, but it has a vegetated canopy that's on it, a foliated canopy. That covers the top portion, and then the antennas are nestled within that canopy inside vegetated socks. The vegetation is renewed on an as-needed basis, basically on a cycle, usually about 10 years, and your -- one of the proposed conditions of approval gives your county staff the ability to enforce that. The additional arrows that I'm -- the red arrow that I'm showing is Verizon's collocation. The additional arrows you see below are AT&T which is blue, and T-Mobile which is purple, and then you have a teal or green one, and that is an available collocation which will be made available at market -- market rates. Page 134 of 5419 September 24,2024 Page 120 CHAIRMAN HALL: I may be jumping the gun, but you've done a great job of showing us where this is and what it looks like. But what is the public benefit? You know, what's the range it's going to extend services and what -- where are we going to get from there? And I may be jumping the gun, and I apologize if I do, but I'm hungry, too. MS. JAHN: Understood. I will go straight to that. So going into Verizon's RF need, I'm going to just go over Verizon and then T-Mobile and AT&T. Basically, Verizon's currently trying to serve the area around Oil Well and Everglades from towers that are 3.3 miles to 9 miles away, and the signal just can't reach to provide a reliable signal. When I say "reliable signal," that means you can pick it up and you can call; you can have your connection to the outside world. So anyways, you can see Verizon's indoor coverage shown here, and that's green, and then Verizon's red unreliable coverage, which means you might be able to walk outside and get signal. You might be able to get some type of garbly signal, but if you want it to connect and for sure work, it needs to be green. So anyways, the blue is -- the blue is the proposed tower, and then you can see other spots around here, other black markers -- I should be using my mouse instead -- and those are existing Verizon towers. And, basically, Verizon is collocated on all the towers in the area. They're getting ready to bring online a new tower at the yellow dot, and that's Golden Gate Boat. I've provided -- and now I'm providing the proposed coverage. You can see that -- and this also shows Golden Gate Boat, because that was recently approved, and we had a question from staff, "Won't Golden Gate Boat take care of that?" As you can see, Golden Gate Boat can't reach that far. But the Verizon signal will improve -- will be reliable along Oil Page 135 of 5419 September 24,2024 Page 121 Well Road along -- along Everglades Boulevard but, most importantly, it would be reliable into the Estates. So as you can see, it starts to cover that area. AT&T, they've been in part of this project since 2023. They were not the original anchor tenant, but they joined. Their ideal location would be smack in the middle of the intersection of Oil Well Road and Everglades Boulevard and have the tallest tower they can have to provide as much coverage as they can. This is pretty close. So anyways, AT&T's maps, they provide three -- basically three levels of color in their maps. And red is you have questionable service even outdoors. So last -- last -- when I came before the Planning Commission, I made an allusion to the fact that parts of this area have shown up on the news as a dead zone. AT&T is struggling with service here. All the carriers are struggling to provide service here. So red is just that. That's where even outside you may not be able to connect. Yellow you can probably connect outside. You can't really connect indoors. And then green is good everywhere. And on the left-hand side is -- of course, the triangle shape that you see that has no color on it is the proposed tower. On the right-hand side, the black marker with the triangles is the proposed tower. So you can see before and after. If you have questions about this, I do have Mr. Brosseau available. And then, finally, T-Mobile, their colors go from blue, which is -- your phone might say there's a bar out there, but it can't work, to green, reliable. So just more colors, but same theme. And then if you don't have any color at all, it's not picking up signal. So you can see how bad T-Mobile's situation is and, of course, you know, they're committed to trying to provide service out here, and you can see after. Again, I have Byron Elkins available. And this shows them at 125 feet, so further down on the support pole. Page 136 of 5419 September 24,2024 Page 122 Of course, this will provide the code-required generator, because you do treat this as essential services. These facilities must operate even in hurricane conditions and bad conditions where power is out, and this will provide that. This will be un- -- this will be completely dark at night, and I do have my Collier County mosquito control approval. I'm available for -- I am and my witnesses are available for any questions you may have. I do have more presentation, but I assume we all -- this hearing -- this day has been getting long in the tooth already. So I will try not to take up any more of your time. Thank you. CHAIRMAN HALL: Commissioner McDaniel. COMMISSIONER McDANIEL: Yeah, number one, these maps of coverage that you've shown for these three carriers, I would like to make sure that they get to my senior staff. I had a discussion yesterday, I think, with Mr. Bosi and Mr. French with -- I want a map that shows all of the existing cell towers and the effective coverage areas that are -- that are provided by the location of these cell towers, because in the adjustments that we made to our Land Development Code, we proposed that government properties be moved up on the list as locations for potential cell towers to be -- to be installed so that we have better coverage. The issue that we've been running into, staff has been running into, is Verizon's got their coverage map, and it's -- and they show it to us, and then they take it away because they say it's proprietary. You've just opened up a can of worms by showing these in a public format so that -- I want these maps. I need these maps so that we can further develop our plan of cell coverage and capacity for our entire community. And it needs to be some kind of -- there can't be a shroud over these coverage areas simply because of the -- of the Page 137 of 5419 September 24,2024 Page 123 necessary use of the cell tower or the cell phones today. I would venture a guess 90 percent of our residents don't have a landline at their home any longer. And so in order for us -- because it has been deemed an essential service, in order for us to be able to develop that location map and see these holes in the coverage, we have to -- and utilize government properties first, if we can, in fact, utilize those. I would like these maps sent to my Planning Department as soon as possible. MS. JAHN: This is Mattaniah Jahn. And yes, these maps will be forwarded after this hearing. COMMISSIONER McDANIEL: Good. And the second question I had -- maybe this is for William with Verizon, and that is there is another cell tower approved site at our wastewater/water facility up on the north side of Orangetree. If you could go to your -- to the map. I think it was one of the first maps that you showed that it was more regional. You were talking about Oil Well Road going through the middle of it. MS. JAHN: Absolutely. So -- COMMISSIONER McDANIEL: Not that one. CHAIRMAN HALL: First map. COMMISSIONER McDANIEL: Right there. And if you look where it says JAX COLT SA1B11, if I'm not mistaken, that cell tower is -- there is a proposed cell tower site there on the wastewater/water facility. Will there be -- is there a need for another one there? And that's -- I think that may be a question for the person from Verizon. MS. JAHN: Understood. And just to make sure that I understand, of course -- and we are all -- all on the same page here, of course, the black dot that says DeSoto and Oil Well is the proposed tower, and the commissioner is asking about -- Commissioner McDaniel is asking about JAX COLT. And then if I understand Page 138 of 5419 September 24,2024 Page 124 correctly, my mouse is pointing to the approximate location of the new county-approved tower on your water treatment plant. COMMISSIONER McDANIEL: Is that fairly close, Mr. Bosi? MS. JAHN: It disappeared on me, my apologies, just as I got there. COMMISSIONER McDANIEL: I thought it was on the bend on 39th Street extension south, coming down through Orange Blossom. MR. BOSI: Mike Bosi, Planning and Zoning director. The Orangetree PUD was modified to allow for a telecommunication tower to be developed at the public utilities site within Orangetree, so that -- it's a site that's available. There's not a tower there, though, right now. COMMISSIONER McDANIEL: I understand there's no tower there, but where is the -- because when we did the PUD amendment, there was some discussion about potential variance requests or deviations because of the width and breadth and the necessity for the fall. Do you recall on that wastewater site where the cell tower -- MR. BOSI: It's anywhere -- it can be anywhere within the -- within the utilities site or within the park. It just needs to be -- the height of the tower has to be separated from any closest residential development. COMMISSIONER McDANIEL: Okay. So we haven't -- we haven't actually sited a location yet. Okay. MS. JAHN: But just to make sure that I'm on the right page, because I do believe I held a -- COMMISSIONER McDANIEL: If you put your cursor further to the east just about down around by the S where it says SA1B11. MS. JAHN: Okay. COMMISSIONER McDANIEL: In that square there is where -- it could be in our park as well. We amended the whole Page 139 of 5419 September 24,2024 Page 125 Orangetree PUD, but that -- your mouse -- MS. JAHN: It keeps disappearing, and I apologize, Commissioner. COMMISSIONER McDANIEL: Troy's messing with it; that's what it is. CHAIRMAN HALL: Troy's doing it. COMMISSIONER McDANIEL: Yeah. MS. JAHN: Sorry, Troy. MR. MILLER: I'm not doing it. COMMISSIONER McDANIEL: That's the location. MS. JAHN: All right. So I'm going to have Bill Compton speak for -- come up and speak. So, Mr. Compton, please state your name and -- MR. MILLER: You can use this with a big arrow instead of the cursor. MS. JAHN: Thank you. CHAIRMAN HALL: There we go. MS. JAHN: There. COMMISSIONER McDANIEL: That's approximately the location. MS. JAHN: Thank you, Troy. All right. Please state your name and address for the record. MR. COMPTON: Sure. It's William Compton. Address is 7701 East Telecom Parkway, Tampa. COMMISSIONER McDANIEL: Hello, William. MR. COMPTON: Hi. MS. JAHN: What is your position at Verizon? MR. COMPTON: I'm a senior network design engineer. MS. JAHN: Okay. And are you familiar with the project called Palmetto Ridge 2? You may have it in your records as DeSoto and Oil Well. Page 140 of 5419 September 24,2024 Page 126 MR. COMPTON: DeSoto and Oil Well, yes. I'm very familiar with it, yes. MS. JAHN: All right. And how are you familiar with it? MR. COMPTON: I did the original search ring design on it. Originally, the search ring was further east when we couldn't build anything in the Estates zoning, and then after the subsequent rezoning, we started looking further to the west. MS. JAHN: All right. So specifically, Commissioner McDaniel is wanting your thoughts on a tower that would be located -- or that is approved but not constructed east of your -- of the marker called JAX COLT. I'm going to just stop at JAX COLT. COMMISSIONER McDANIEL: That's fine. We're dealing -- that whole piece of property is now allowed for a cell tower, if you haven't heard. MR. COMPTON: News to me. News to me. MS. JAHN: So first off, can you tell us what the markers "JAX COLT" on this -- on this plan -- on this aerial means? MR. COMPTON: So JAX stands for Jacksonville. COLT stands for a cell on light truck. So that's a temporary cell site that we've set out there. There's a Collier County emergency operations, like, backup center that's out there, and we've set that up there -- I believe it was earlier this year we finally turned it on. And it's the sat BH. Means it's satellite backhaul. That's how we get the transport back and forth from our switch back to that site. So that's a temporary site. It's 74 feet tall. It's a guide structure that has concrete pilings that are down in the ground that we just tied to. So it's a temporary site at the request of Collier County to get something out there for hurricane season. We're here. COMMISSIONER McDANIEL: Right. And so given that that -- thank you for that description. That wasn't what I was asking. What I was asking was, is the location of the wastewater/water Page 141 of 5419 September 24,2024 Page 127 treatment plant shortly -- right about where Mattaniah has the cursor now, is that going to be an overlap of service if the proposed conditional use is granted? MR. COMPTON: No, it would not be an overlap just due to this distance there. You're probably talking a mile and a half to two miles distance in between those two locations. And the big draw -- if we built a site there to the north, which now that I know there's one, I'm going to go back to my office and create a search ring for that. The big draw on that site would be the two schools that are south of there, the high school -- is it Palmetto Ridge High School, and there's a middle school to the west that are huge traffic draws on our network right now. So if we built a site there, it would basically cover that area. We would still need something to the east to cover the residential to the east. COMMISSIONER McDANIEL: And just -- if you don't mind -- if you don't mind, a brief explanation. I know the Chairman's hungry, so I don't want to take an enormous amount of time, but this has to do with bandwidth and then density of population within the proximity of the tower. MR. COMPTON: Absolutely. COMMISSIONER McDANIEL: If you wouldn't mind giving a brief description with regard to that. Because that area up there is considerably more densely populated than the rural portion over in Golden Gate Estates. MR. COMPTON: Understood. And also I really wanted to answer your question about asking about a coverage map. COMMISSIONER McDANIEL: Yes. MR. COMPTON: In the early days of cellular technology, 1G and 2G technology, basically your phone, once you had a connection, you had a connection. That's all you needed. Basically, that's all Page 142 of 5419 September 24,2024 Page 128 you used the phone for. Now the phone's used with a technology that's called adaptive modulation. Adaptive modulation means, basically, that if I were a mile from you, about all you'd be able to see is me flashing a light at you or sending up smoke signals, the closer I get, the more information we can share between each other. I can share a piece of paper with you. I can -- you can see me, my facial expressions. Cellular technology kind of works that same way. The closer you are to the cell site, the more information we can get back and forth between that and the user. So that's the reason why the cell technology is trying to get as close as we can to the users. Each one of these Gs of technology you keep hearing about, it's trying to get the bay stations, the cell sites closer to the users. COMMISSIONER McDANIEL: Okay. And just so you know, one of the things that we really want to promote is the location of government-owned facilities for cell tower locations and as many booster facilities as can be accommodated on our parks and rec system. We have parks and recs throughout the community light -- and I understand it's not -- it's not the discussion that we're here today for. MR. COMPTON: Understood. COMMISSIONER McDANIEL: But cell tower -- cell service is imperative simply because of it being deemed an essential service. MR. COMPTON: Absolutely. And schools, hospitals, those type -- and shopping center they show up on our traffic maps where we see actual usage from the users, so that's the places we want to be. So if your public lands are a landfill, that's not something where we're going to really want to serve. So just to be 100 percent transparent; that we're going to be -- want to be where those locations are where our customers are. COMMISSIONER McDANIEL: Gotcha. Page 143 of 5419 September 24,2024 Page 129 MS. JAHN: Commissioner McDaniel, maybe I can help. Bill, cell towers they only have so much -- like a road, they only have so much capacity. The bucket of people they can serve is only so big; is that correct? MR. COMPTON: That's correct. MS. JAHN: So if I'm -- if I am building a tower east or west, wherever I go I have less or more the same size bucket. And I apologize if I'm grading you, because I can only build the tower out to hold so much antennas and radios, correct? MR. COMPTON: Basically, yes. What happens is if you -- if those customers very far away from the cell site, that bucket gets much, much smaller because of that adaptive modulation I spoke about before. So not only is there capacity, but it's also the capacity needs to be in the right place where the people are. MS. JAHN: And that's what I was trying to get to. So if you're in an area that's very dense, like over by JAX COLT, that bucket gets used up by the people right around -- MR. COMPTON: That's correct. MS. JAHN: -- the tower, but if you're in an area that's more spread out, that bucket -- the contents of that bucket can go farther; is that right? MR. COMPTON: Correct, at a limited amount of capacity, just because of the distance involved. COMMISSIONER McDANIEL: So there's no -- to make it in my understanding, there's no real -- there's no real radius of coverage based -- consistent -- consistently based upon the radius around the tower. It's based -- it's more about a consumption within -- MR. COMPTON: Absolutely. COMMISSIONER McDANIEL: -- within the proximity of the tower. So that's my thought process. MR. COMPTON: Absolutely. With the worst-case scenario Page 144 of 5419 September 24,2024 Page 130 being all those customers being far away from the cell site, which is the situation we have in the area now. COMMISSIONER McDANIEL: Right. Okay. CHAIRMAN HALL: Public comment, Troy. MR. MILLER: Yes, sir. We have three registered speakers for this item. Your first speaker is Garrett FX Beyrent. He'll be followed by Terry Jean Mary. MR. BEYRENT: For the record, Garrett FX Beyrent. And I've done business with Mattaniah Jahn way back when he was Matthew Jahn. That's way -- 12 years ago. Long story short, for my son, the cellular tower -- which they spent years actually getting approval from the county but didn't build the tower because it became obsolete before it actually got built. This is actually a great tower location. I was out there personally buying a Suzuki Samurai four-wheel drive from a buddy of mine that lives very close to that red zone. My phone didn't work at all, and he said, "Well, guess what, we're way out there." You know, you're in that -- everything that has been said is absolutely true. And I recommend approval of whatever Mattaniah wants on this, and I'm pretty sure Mike Bosi will back me up. Thank you. MR. MILLER: Your next speaker is Terry Jean Mary to be followed by Roselyn Cadet. MR. MARY: My name is Terry Jean Mary, and we live there. I have no problem of signal. We've no problem of signal being over there whether we're in the house or on the yard. We do not need that tower there on our street. And access to the tower is not on the main road. It's on the dead-end street. And I also have some studies of a real estate report of a tower being near a residential area. If you like the guy's name, Commissioners, I'll pass them to you. Page 145 of 5419 September 24,2024 Page 131 I have three of -- within the United States. COMMISSIONER McDANIEL: You can just give them to the court reporter, if you want to. MR. MARY: There's three of them from the United States, and two of them internationally, which is -- they do -- they told us they have no bearing on the house value and insurance. They have. I'd like to see their study, because all this based on lie. That's not what those studies shows. I'd like for you guys to look at them and even look at the rest of -- that I didn't check -- that I didn't bring here, because I would think this would be too much of a -- for you guys to read. But there's five of them. Just check them out and see, and it will show you the study being done. And we're tired of the lies. And they even told us last time we were here, these cell phones puts more RF, which we're not allowed to be voting on. This cell phone puts more RF than the tower. How does it provide signal to the cell phone if the cell phone puts more RF than it. I'd like to have a response to that. Thank you. MR. MILLER: Your next speaker and final speaker is Roselyne Cadet. MS. CADET: For the record, my name is Roselyne, and I wanted to touch on something. We were at the Planning Commission's meeting, and they said that they could not make any decisions, like my husband was saying, based off of RF, so we're approaching this from a different angle. We can't determine -- if I tell you that it's going to cause health problems, you can't make your decision. Your hands are tied. I get that. But as people that are sitting here that we voted for to represent us, there's other angles that we can approach it. As far as car accidents, I know earlier today we had some individuals that were talking about distractions, and having a Page 146 of 5419 September 24,2024 Page 132 tower -- there was other images at the Planning Commission that she showed and told us that you could see the tower from Immokalee Road, from all different places, and I feel like it would pose a distraction. And we also have -- like my husband was saying, it's not on a main road. It's off of Everglades. It's on 31st. So the access, and even in the images that were shown, would be on 31st, and 31st is a dead-end road. So you can't detour if they're doing construction. You can't detour if they need to do repairs, so that's an issue for us living on that street. We also have -- we know that the Estates is an area that is prone to wildfires. There's a fire hazard being that it's so close to residential areas. It's so close to homes. So if there's any issues with the electrical equipment, if a lightning strike -- I know that there's lightning rods, but what if something malfunctions? We have homes within close proximity to that tower. When we think about the generators that she was mentioning earlier for fuel backup, they could cause potential risks as well if there's a structural failure due to a storm like a hurricane. She showed the picture where there was a collapse, but what if it's an intense hurricane and it just doesn't fold on itself? What if some of that debris hits a home that's right next to it? And when we talk about fire, we could talk about the vegetation within the property, but there's other homes that this individual is not going to be -- these cell tower -- these companies are not going to be maintaining. How are you going to control those things for fires in that area that's prone to fires that have homes right next to them? And ground -- for the ground stability and digging, we know that a lot of individuals, the majority of them are on well water. How does that impact our soil erosion, our water tables? Those are very important issues. Page 147 of 5419 September 24,2024 Page 133 And our wildlife, how they will be impacted with that structure. What if -- we have a lot of protected species that are out there. Birds, they can run into it. It will increase traffic on that dead-end road, like I mentioned before. The generator can cause noise pollution with people living there. There's a liability factor when it comes to insuring homes that are next to towers. And I've called insurance companies that -- it costs more to insure a home that's right next to a tower. So I have a number of concerns with it being in that location, and the proposed location that Mr. McDaniel stated is a better location because it's not right on a street that has homes. CHAIRMAN HALL: Thank you, Rose. MS. CADET: Thank you. MR. MILLER: That's all our speakers, Mr. Chair. CHAIRMAN HALL: Okay. MS. JAHN: This is Mattaniah Jahn. May I please have a copy of the letter that our second -- that the second speaker provided so that way I can give that to my property appraiser so he can see it? CHAIRMAN HALL: Commissioner McDaniel. COMMISSIONER McDANIEL: Yeah, sure. Let's talk about the access to the tower. I thought I read something in the -- in the writeup here that described that there wasn't going to be any access off of 31st. MS. JAHN: So -- this is Mattaniah Jahn. I'm going to go to that sheet. There are two access easements. One is off of Everglades. The proposed driveway is off of 31st. One moment. The legal standard under your Land Development Code and what I think you saw was that the parcel has to have frontage on a major road like Everglades. So a condition was added that this parcel can never be parceled. It can never be subdivided so that it loses its frontage from Everglades Boulevard. So it always has to Page 148 of 5419 September 24,2024 Page 134 be -- it always has to be continuous to Everglades. COMMISSIONER McDANIEL: So that prohibition is in this request that the subdivision cannot occur? MS. JAHN: Correct. COMMISSIONER McDANIEL: Do you have any idea about the trip generation traffic-wise with regard to the maintenance of the tower? MS. JAHN: Yes. So the rule of thumb is one trip per carrier per month, typically in a pickup-truck-sized vehicle. That's actually an overstatement of the trip generation based on how it used to be back at the beginning of my career when these facilities were less automated. Now they're able to monitor them more remotely. And also, your Transportation Department provided -- reviewed and found it to be exempt from trip generation as well because it was de minimis. So in other words, it produces less trips than if you built a house on that side of the property. COMMISSIONER McDANIEL: Obviously. That's all I had, sir. CHAIRMAN HALL: Any other discussion? MS. JAHN: If I may, so lightning strikes, these towers are designed, of course, with lightning rods and grounding rods. If you -- which basically means they direct any lighting strikes into the ground and they don't allow it to expand past the compound. That's just basic engineering. If you need to hear from Derek Dye with Bridger Tower Corporation, he can speak further on that. Generators, of course, you have a sound -- you have a noise ordinance which requires dampening, but then -- and this is something that I ended up discussing in great extent up in neighboring Lee County where there was a concern. The fact that you require a masonry wall or fence actually functions as an Page 149 of 5419 September 24,2024 Page 135 additional sound dampener over top the dampened generator that already meets code. Structural failure, you have a fall-zone letter that is in the record. And, of course, when it comes to the building permit -- when it comes to building permit review, the tower and the entire structure will be provided for review, the calculations, but they are designed to fold over like that. Ground stability, they perform a geotechnical analysis. We are outside of your well -- outside of the municipal wellheads, and these do not affect groundwater. It's simply a concrete caisson that goes down, like what you would find underneath, say, a power pole or a traffic light. Wildlife, you have a National Environmental Policy Act study in your -- in the record showing that there is no impact, and, of course, we are undisturbed lands that were previously developed as agricultural operations. I think I hit all the main issues except for property value. As far as insurance goes, Bridger carries general liability insurance. If you want, I can have Mr. Dye step up and speak to that, but -- and then, finally, I'm going to have David Taulbee come up and just speak to property values, if I may. Again, I know we're at 1 p.m. now, but just to address that. MR. TAULBEE: David Taulbee, Lee Pallardy, Incorporated, out of Tampa, and I have been sworn. I believe in your packet you have a copy of my study. And I've been studying this issue now, impacts, diminution of value, whatever you want to call it, for about 25 years. I've studied it from Leon County up in Tallahassee all the way down here to Naples. I want to point -- I know we're looking at time here. I want to point out three -- I want to call your attention to three areas in my report that you might find interesting. Number one, just north of Page 150 of 5419 September 24,2024 Page 136 here at Poinciana Elementary School, there's a cell tower. Just north of that tower, there's a community on Coachhouse Way. There's about 13 upscale houses in that development. I've been studying that for about three or four years now, and they are selling and reselling. And I've spoken to each of the realtors in there. That tower has had no impact whatsoever on those property values. There's no impact whatsoever. The second one I've looked at, I call it Lord's Way. It's east of Collier Boulevard. Florida Star's doing developments in there. Toll Brothers is now doing Seven Shores. You're probably familiar with that development, about 400 houses in there. It's in the shadow -- these two, three developments are in the shadow of a 350-foot-tall tower. It's a guy-wire-supported tower. It's been there for many, many years. I'm sure you're familiar with it. Toll Brothers has had no impact from that tower on the sales of their home packages. Milano Lakes, which is the apartments, there have been no impacts on the rents there. And now they're building another 394 units in there. I mean, you can practically reach the tower. And I've talked to the professionals with both these organizations, and this tower has had no impact on their sales. And it's a good example of a developer, you know, willing to take the risk of developing a property within, you know, close proximity to the tower, and you'd think if it would have impacts on values, they would be concerned about that. The third thing I want to talk about is I have talked to every single property appraiser from Leon County all the way south to Naples, Collier County, all the way over to Polk, Orange, Seminole County. Not one property appraiser that I've talked to has ever made a reduction in a property assessment due to proximity to a cell tower, including two of your own that I've talked to, Bill Hawk and Darren Page 151 of 5419 September 24,2024 Page 137 Jones. Moreover, you can't find an example where a property owner has gone to a municipality to argue that their assessment has been reduced because of a tower. So I think that's pretty, pretty important information. You ask yourself, "Well, how can that be?" Property appraisers like me, they deal with market data, and there's just no market data to indicate that towers have impacts on surrounding residential values, rural values, or even commercial values. CHAIRMAN HALL: All right. Commissioner Kowal. COMMISSIONER KOWAL: Thank you, Chairman. I've got a couple little points here. Like the generator, I know we had concerns talking about generator noise, things like that. I mean, the generator itself, more than likely is not going to run unless there's a power outage and/or during a test phase, like, once in a while to test itself, it fires up. Is that pretty much -- MS. JAHN: This is Mattaniah Jahn, and that is correct. COMMISSIONER KOWAL: Okay. And the other one is have you spoken to the Sheriff's Office or any other emergency services that -- because -- use of the MDU, mobile data units? Because people aren't familiar. I believe they're on the Verizon network. So, like, when they do anything, traffic investigations, traffic accident reports, any type of traffic enforcement, it goes through their MDUs. And it's not like the Motorola like we've been discussing in the past. It actually uses the cell towers. Did you get any feedback on their coverage in that area, or is this going to benefit? MS. JAHN: I know that public safety is looking for additional cellular service in that area. They've stated that publicly. Page 152 of 5419 September 24,2024 Page 138 Unfortunately, I don't have specific follow-up for this site today, but I do have official communication where they've said they have interest, and Mr. Bosi can confirm that. COMMISSIONER KOWAL: And the third is, I realize this is a very, very low trip count type of facility that's going to be built there. I mean, you said three -- possibly three trips a month, which it's probably less than that in reality. But I think during the construction phase -- is there a possibility that there could be a temporary access from the Everglades side during the construction phase, and then that's just eliminated after the fact once it's built and up and running? MS. JAHN: Let me ask Mr. Dye. I do know that the construction itself is very similar to a house, but if I -- from the volume of construction traffic. So it's not like you're trying to build, you know, some huge -- it's not like you're trying to build a Walmart or something like that where there's loads of construction traffic. COMMISSIONER KOWAL: But I would assume there's some sort of crane devices and that for setting portions of it, and that would tie up, unloading and loading and, you know, things of that nature. They're going to probably pull from the road or close proximity to the road for those items to be, you know, set in place. You know, I don't know the exact -- how you build a tower but I -- you know, kind of in my mind I see that certain times things will be delivered on long trucks and things like that. So I'm just spitballing if that would help the community a little bit. Then they wouldn't have that traffic during the construction phase tying up the intersection on their road, so... MS. JAHN: Absolutely. And if I can just circle up with Mr. Dye real quick, I am 90 percent confident the answer is yes. I have Mr. Dye with me. CHAIRMAN HALL: Just let him speak. You don't have to Page 153 of 5419 September 24,2024 Page 139 ask. MR. DYE: Sure. Derek Dye on behalf Bridger Tower Corp, 1951 East 400, Lecompton, Kansas. The question regarding the construction access, we do have an agreement with Mr. Moran to come in across the back of his parcel, if that's necessary. The actual time of construction typically for a cell tower like this is no more than about 18 to 20 days of boots on the ground, minus the wall. The retaining wall's going to take a little bit of time. But 18 to 20 days over about a 90-day window is the actual time of construction. MS. JAHN: And just to -- if I may, Mattaniah Jahn. Just to clarify, you said "retaining wall." Did you mean compound wall? MR. DYE: Sure. The stone compound wall. MS. JAHN: Thank you. MR. DYE: Sure. CHAIRMAN HALL: So to answer Commissioner Kowal's question, there is a possibility to get a temporary entrance on Everglades during construction? MS. JAHN: Yes. CHAIRMAN HALL: Okay. COMMISSIONER KOWAL: Okay. Thank you. CHAIRMAN HALL: Great. Thank you. I don't have any -- I mean, there's no perfect place to put a tower, and it's going to -- you know, it's going to bug some, and it's going to help some. And considering the conditional use that's before us, I have no problem with this. It's -- COMMISSIONER McDANIEL: They've got to be somewhere. CHAIRMAN HALL: It's looked like there wasn't -- it looked like it was going to extend coverage for the people that live out there Page 154 of 5419 September 24,2024 Page 140 quite a bit from all three carriers, and according to the one guy, the other tower, if we do put one out there at our government facility, that's a mile and a half out there. That would enhance the northern portion more than that, so... It's your district. COMMISSIONER McDANIEL: Yeah, I know. COMMISSIONER LoCASTRO: You got a better spot? COMMISSIONER McDANIEL: No. I don't -- MS. CADET: They haven't even showed us the drop cell signals. CHAIRMAN HALL: We're discussing now. Thank you. COMMISSIONER McDANIEL: You know, there again, there's no good -- there's no good place. There's no good place. We need them. We have to have them. COMMISSIONER LoCASTRO: We're getting beat up for not having them is actually what is happening. COMMISSIONER McDANIEL: On top of all that. You want me to make the motion? CHAIRMAN HALL: Go ahead. COMMISSIONER McDANIEL: I'm sorry. I'm going to make a motion for approval. CHAIRMAN HALL: I'll second it. MR. KLATZKOW: Did you want to add a condition that construction will be off of Everglades? CHAIRMAN HALL: Yeah, we can make that condition. That will be -- COMMISSIONER McDANIEL: Yeah, I'd be happy to do that. CHAIRMAN HALL: So the motion to approve with the condition that the temporary -- COMMISSIONER McDANIEL: Hang on a second. MS. COOK: Jaime Cook, your director of Development Page 155 of 5419 September 24,2024 Page 141 Review. Development Review issues all the right-of-way permits on all the county roadways. Looking at the aerial of that property, where they would be able to access off of Everglades Boulevard is right, one, where the road widens, but also would be on top of that northern neighbor. So that person would be subject to all of the construction noise, trucks, and everything else. It would actually probably be better to come off of 31st. COMMISSIONER KOWAL: I guess my question is, does noise trump backed up traffic on a dead-end road? MS. COOK: The other thing that I would -- I'm certainly not their construction team, but their construction team may need to be making -- if they were going to come in off of Everglades, make U-turns. From -- if they were coming from Oil Well, they would need to make a U-turn to get to that access point off of Everglades. That would also be a safety consideration for any trucks, heavy equipment coming through. COMMISSIONER McDANIEL: It's certainly easier for the construction to come in and out off of 31st. And if it's only a less-than-30-day construction time, then that's not going to be -- that's not going to be as prohibitive as the U-turns coming in and off of Everglades. CHAIRMAN HALL: Right, I agree. COMMISSIONER McDANIEL: Coming down and going. So I'll lift the restriction on the access off Everglades. CHAIRMAN HALL: All right. So we have a motion and a second to approve it as presented. All in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN HALL: Aye. COMMISSIONER SAUNDERS: Aye. Page 156 of 5419 September 24,2024 Page 142 COMMISSIONER KOWAL: Aye. CHAIRMAN HALL: Opposed? (No response.) CHAIRMAN HALL: So moved. MS. JAHN: Thank you for your time today. CHAIRMAN HALL: All right. It's 1:23. We're going to break for lunch. And let's be back at 2 o'clock. (A luncheon brief recess was had from 1:23 p.m. to 2:00 p.m.) MS. PATTERSON: Chair, you have a live mic. CHAIRMAN HALL: Thank you, County Manager. What have we got next? MS. PATTERSON: That brings us to Item 10A. This is a recommendation that the Board approves the proposed interlocal agreement and bylaws of the Southwest Florida Regional Planning Council. This item is brought to the agenda by Commissioner McDaniel. COMMISSIONER McDANIEL: Yeah. And he's -- CHAIRMAN HALL: William McDaniel. COMMISSIONER McDANIEL: And he's down here trying to figure out how to sign into this new computer and not happy about it, so... Let me -- I'll give a brief explanation, if I may. I think I shared with you, if I haven't, a couple of months ago I was elected as the chair of the RPC, the Regional Planning Council. The Regional Planning Council is in dire need of restructure, and we're going to begin that process. The first portion of that restructure is a -- and I've supplied, I hope you've read, the draft MOU and the draft bylaws that I wrote two years ago for this organization. The previous chairman of the RPC and the executive director made a stab after this -- after these -- after these rewrites were done to get ratification by the other Page 157 of 5419 September 24,2024 Page 143 members. There's a total of six counties in the RPC, and we're not successful in getting any of the counties to ratify the new set of bylaws, the new MOU with regard to the RPC. The current trajectory. CHAIRMAN HALL: Trajectory. COMMISSIONER McDANIEL: Yes, trajectory -- trajectory. I was leaving an R out. The current trajectory of the RPC is heading for the ditch, to say it bluntly. I received a report from the auditor back in May, and based upon the known expenses associated with the RPC and the known revenue streams that the RPC has, there's about a year and a half left before we have to fold it up, and there won't be any money. The proposed MOU that I brought for you today -- the previous MOU allowed for a 30-cent per diem to be paid by the counties that are a member of the RPC. I reduced that to 50 percent, or 15 cents per diem per head, per population of the county, and then I split those payments up quarterly. Because one of the issues -- and Commissioner LoCastro can verify this, but one of the issues is relevancy with the -- with the individual counties that are a member of the RPC and the electeds spending taxpayer money in this organization. So my thought was cut it to 50 percent of the original amount and then split those payments up quarterly to then allow the electeds that are voting to make these expenditures or make this contribution to the RPC to show validity and actually provide for relevancy. If I can just jump back a second. Governor Scott reorganized the old Department of Community Affairs way back in the day. And when he reorganized the Department of Community Affairs, he relegated then the RPCs, the Regional Planning Councils, to an information disbursal organization. No more authority. It used to if you were doing a Comp Plan amendment or a DRI, you had to bring Page 158 of 5419 September 24,2024 Page 144 your proposition to the RPC and receive approval. Governor Scott took away that approval authority, and the previous board of the Regional Planning Council wasn't interested in giving up that authority even though state law had changed, and they no longer -- as they called it, they no longer had the hammer. So I rewrote the bylaws. I squashed the membership down from a very voluminous amount. There was close to 50 members of the RPC, and I brought that back to just two county commissioners. By statute we have to have two county commissioners and then one municipality within that -- that particular county at first, and that just, then, allows me to -- us to reorganize the RPC, at which point, since there is no longer any authority coming for DRIs and Comp Plan amendments, there's no rationale to not have all of the municipalities be a member of the RPCs because predominantly the RPC is now an information disbursal organization. So having said all that, the proposition in front of you here today is a rewrite of the bylaws and a rewrite of the MOU for the contribution. I will then, assuming -- with this board's blessing of that quarterly contribution, I will then take this to four of the other counties who have not been contributing to the RPC in their per diem -- in their per diem requisites per the old MOU. So I'll individually go to each one of those -- there's four other counties that are not participating in the payment or contribution to the RPC, and I'll individually go to each one of them and ask them to adopt this same draft revised bylaws and revised MOU, and then we'll have a discussion as to whether or not the RPC gets to continue to exist or not. It's a -- it's a fact that you can't exist without revenue streams, and per the interpretation of the statute, it's a voluntary contribution by the membership of the RPC. It's a voluntary contribution. Page 159 of 5419 September 24,2024 Page 145 Sarasota -- I think I've been on the RPC now eight years, since I became a commissioner. Sarasota, about year one into my tenure on the RPC, decided they were going to leave the Southwest Florida Regional Planning Council and join the Tampa Regional Planning Council because they felt that that RPC better fit their needs. At the same time, they stopped paying. And then Lee County was looking around, and Lee County said, "Well, geez, if they're not paying, we're not going to pay." And then Charlotte said, "Well, if Lee's not paying and Sarasota's not paying, we're not going to pay." And we kept paying, by the way. For my first three years, we kept paying our 110,000 a year to the RPC because of the Promise Zone initiative. If you'll recall during President Obama's tenure, there was a Promise Zone initiative, Rural Promise Zone that was put in place to provide for additional points and the grants system at the federal level for economically deprived communities, and that rural Promise Zone designation got bequeathed to the RPC but covered Immokalee, all of Hendry, and Glades County. And so I kept leaning in and asking our board to continue to make its contribution just to hold up the RPC, the Regional Planning Council, in hope that relevancy would then transpire. Well, it didn't transpire. And so, ultimately, I even acquiesced and withdrew our contribution. So this is my rendition of allowing the RPC to continue to exist, and I promise that if, in fact, we adopt this, I'll go to the other four counties that are outside of the contribution side and ask that they accept this as a revised MOU and set of bylaws, and then we will begin the reorganization of the RPC. CHAIRMAN HALL: So what does the RPC actually do? You said it's an information disbursal thing now, so... COMMISSIONER McDANIEL: Yes. And, Chairman, hardly Page 160 of 5419 September 24,2024 Page 146 anyone can argue the necessity for regionality of communication. I recall early in my tenure in the RPC the existing bylaws and constitution of the RPC regulates developers when they're -- when they're conducting a DRI, a Development of Regional Impact, or a Comp Plan amendment, to come to the RPC and receive approval. Well, no longer is the RPC requisite to give that approval. They never adjusted their bylaws or their MOU or their constitution in order to take away that hammer, as I spoke of earlier. So one of the reorganization plans that I have, first off, is establishing a funding mechanism so the organization can exist longer than the year, year and a half that we have, number one, and then, number two, is along with the commissioners who are members, I'm also going to ask that a planning staff member attend these meetings. I remember early in my tenure, the executive director drug in a developer from Sarasota who was doing a Comp Plan amendment in Sarasota, and I remember saying, I'm barely qualified to render an opinion on a Comp Plan amendment in Collier County, let alone one that's going on in Sarasota, but my planning staff needs to know what Sarasota's doing, because when Sarasota's doing a DRI or a Comp Plan amendment, that's going to have impacts on our traffic capacity, infrastructure capacity, and so on and so forth. A perfect example -- the subdivision's name just -- the Babcock Ranch. The Babcock Ranch is in the southeast corner of Charlotte County out on State Road 31, but all of the infrastructure to support that development is down in Lee County. Well, Charlotte County's up there licking their chops and picking up all this new ad valorem money, and Lee County's sitting down there holding the bag for the road, services, jobs, all of the things that come along with supporting a development. So the goal here is reconstitute, re-brand, and reorganize the Page 161 of 5419 September 24,2024 Page 147 Regional Planning Council and allow it to do what it's supposed to do, which is let our planning staff know as far as what other communities are planning with regard to their growth and their redevelopment. CHAIRMAN HALL: So you need our blessing to move forward to go to them? COMMISSIONER McDANIEL: I'm asking -- and with that I'm going to make a motion for approval of this agenda item to accept/approve these draft amendments that I've put in front of you. COMMISSIONER LoCASTRO: And as Commissioner McDaniel knows, I'm sort of his partner in crime. I try to attend as many of the meetings as I can or Zoom in. He's the chair. And so to just make a long story short, I'll vouch for the improvements he's working really hard to make in this council and going around to the other counties that have kind of abandoned us. And so he and I have both read the fine print, Commissioner McDaniel especially, and we were both at the last meeting in person and talked a lot of specifics of this. So, you know, this is the one thing we were nominated to represent, and, you know, this -- these -- this proposed agreement needs to be -- or has my full support as well. So I'd second the motion based on having attended all the meetings, or most of them, I guess I'll say. COMMISSIONER McDANIEL: Do you have any questions about those amendments that I brought forward? Those were just my stab at not doing things the way that they've always been done. Again, squirrel the membership back to a more manageable amount number-wise and then bring the money back and allow the relevancy to be earned. Trust -- love is given as a human being. Trust and respect are earned. Page 162 of 5419 September 24,2024 Page 148 CHAIRMAN HALL: Earned. COMMISSIONER McDANIEL: And so over -- we make these quarterly payments. Now there's longevity added to the RPC at which point, then, we can see the relevancy for knowledge base and communication with our community as to what's going on in our neighboring communities. CHAIRMAN HALL: Motion and seconded. Any other discussion? (No response.) CHAIRMAN HALL: All in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN HALL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN HALL: All opposed? (No response.) CHAIRMAN HALL: Go get 'em. COMMISSIONER McDANIEL: And just so you know, from a time line standpoint, I'll have this accomplished by end of the first quarter next year. I will -- I will have met with -- and what I'm going to do, just to add on, I'm not just going to show up and talk to them for three minutes under items not on today's agenda. I will get a commissioner from each county to champion an agenda item so that I'm up there with a PowerPoint and talking and doing what needs to be done. Item #10B AN UPDATE ON THE SELECTION BY THE STATE OF FLORIDA OF THE ARCHITECT AND ENGINEERING Page 163 of 5419 September 24,2024 Page 149 SERVICES FIRM AND GENERAL CONTRACTOR FOR THE CONSTRUCTION OF A STATE VETERANS’ NURSING HOME IN COLLIER COUNTY AND TO OUTLINE THE NEXT STEPS IN THE PROJECT. (BURT L. SAUNDERS, COMMISSIONER, DISTRICT 3) – UPDATED MS. PATTERSON: Commissioners, that brings us to Item 10B. This is a recommendation to receive an update on the selection by the State of Florida of the architect and engineering services firm and general contractor for the construction of a State Veterans' Nursing Home in Collier County and outline the next steps in the project. This item is brought to the agenda by Commissioner Saunders. CHAIRMAN HALL: Commissioner Saunders. COMMISSIONER SAUNDERS: Thank you, Mr. Chairman. I just wanted to bring the Board up to date on a couple of important things that have happened and give you a little bit of an outline of a little bit of a schedule. The Florida Department of Veterans' Affairs and the design team, they're going to be meeting -- they're going to have a staff meeting here on October 9th, and that's just for staff. That's just an all-day planning meeting to move things along. But if they get here on time, they will come to the County Commission meeting on October 8th. So if we have a long meeting, they may be able to come and update the whole Board at that point in time. But a couple of things that have occurred that are positive in the development of this. The Florida Department of Veterans' Affairs has awarded a contract for the design work to the firm that has designed about 15 of these nursing homes, HHCP and Orcutt Winslow, they came down here and made a presentation some time ago. They brought to us a bunch of different models. One of the Page 164 of 5419 September 24,2024 Page 150 models that we thought was really an attractive one was the Las Vegas model. And so we've kind of designed our plan around that model. We've only made it a lot better. But the good news is they've designed about 15 of these facilities, and they're now on board. They also selected the contract -- the company that will be the -- they call it a contractor at risk, management at risk, and that is Suffolk, and Suffolk has some -- a great local presence here. It's -- the construction management services had selected Suffolk to be the Construction Manager At Risk. Suffolk, actually, donated time and materials to the local VFW to remodel the VFW. And I know a lot of you have been to some of the VFW things here. That was all Suffolk, and that was all done by employees volunteering. So they have a lot of commitment to veterans and have a real commitment to this community. And so it was nice to see they got that award to be the Construction Manager at Risk. The -- part of the reason that they were able to go ahead and select all of the professionals is that I had suggested to the Florida Department of Veterans' Affairs that they speed things up by making the selection of those professionals and making that selection contingent on final federal approval. Normally they would wait for federal approval, which could come in October, November, December of this year, but normally they would wait until then, and then they'd spend the next five months selecting the experts and the team. They've selected the team with the understanding that there is no project if it's not approved by the federal government. CHAIRMAN HALL: Sure. COMMISSIONER SAUNDERS: So that saves us four, five months. We're just trying to -- trying to move things along a little bit. Page 165 of 5419 September 24,2024 Page 151 I know JB Holmes -- Dr. Holmes is here, and he may have a few comments. But I want to let the Board know that we may have a visit from them here at the Board meeting on October 8th depending on their travel and how long we go. And so if you have questions, that will be a good opportunity to have those addressed. But the good news is things are moving. I've spoken to John Mullins. He's been in touch with some of the folks in Florida at the Florida Department of Veterans' Affairs. We anticipate that there could be approval of this project as early as October, possibly November of this year in terms of approval of the project but not the funding that goes along with it. So if there are any questions, I know John Mullins is here, and Dr. Holmes is here as well. CHAIRMAN HALL: Commissioner LoCastro. COMMISSIONER LoCASTRO: Thank you, Chairman. I don't want to steal any of Dr. Holmes' thunder, but I'm a member of the VFW, so we correspond a little bit more than maybe the average person. One of the ideas that came out of this board -- and I think it started with you, Commissioner Saunders, and I really loved it. And I'm just wondering if this is the time to start to move it forward or at least make sure that it doesn't get forgotten -- was the idea of forming a local veteran oversight committee. You know, it looks like the Department of Veterans' Affairs is moving forward with a contractor. There's a lot of movements happening. I think there's a tour coming up maybe at the site, and things are starting to all converge together in a really, really positive way. As you know, we've had a few meetings at the VFW to get feedback from veterans, to give them an update of what's going on. And I just -- I like the idea of a local veteran oversight committee, and Dr. Holmes can obviously, you know, help with that to get Page 166 of 5419 September 24,2024 Page 152 people that have the background, the professionalism so it's not just a bunch of yelling and screaming, like we were saying about a different topic earlier, so that we're armed with, you know, a short-to-medium list of bullet points or concerns or great ideas. As we said at the last VFW meeting, we're looking for those kind of things. So I just wanted to sort of throw that out there. It just seemed like it was a good time during, you know, the announcement of the latest on the -- on the veterans' nursing home. So I didn't know your thoughts on that. COMMISSIONER SAUNDERS: I'll address that in a couple of different ways. COMMISSIONER LoCASTRO: Okay, sir. COMMISSIONER SAUNDERS: We have the veterans' community center, and we're trying to determine what is going to go into that community center. That's the vacant white building. Congressman Mario Diaz-Balart has put $9 million into the House budget for our project. That doesn't mean we get $9 million, because you know the federal process. But we are looking at what's going to go into that building. And we have formed a committee of staff people. And I've started adding people that have been involved with veterans benefits for many, many years. So I've added two or three people to that committee, and I'll continue to do that. And in addition -- so there are going to be meetings -- as a matter of fact, I have a meeting with them, I think, on October 7th. I'll be meeting with that committee, again, trying to figure out what's going to be in that, what county staff people are going to be moved there. But in terms of a veterans oversight committee, I do have Friends of the Veterans' Nursing Home that I've had for a couple years now, and there's some really heavy-hitting veterans on that, Page 167 of 5419 September 24,2024 Page 153 some folks that describe themselves as having funds, and there were a couple that are generals and admirals. I mean, it's a group of people that we can draw from for a veterans' oversight committee. And, of course, Dr. Holmes would certainly be part of that. But, yes, I think it's time to start thinking about it. It's not something that's urgent, because we're going to be several months away before we get any federal approval. COMMISSIONER LoCASTRO: I don't want to put any words in your mouth, but you just heard sort of the invitation might be -- behoove you to either yourself or somebody that's at your level to join this committee that's already been sort of behind the scenes but doing an awful lot so that the right and the left hand, I think, are sort of working together. That was my only point for bringing it up, but I don't know if you have the floor or -- CHAIRMAN HALL: Commissioner Kowal. COMMISSIONER KOWAL: Thank you, Chairman. Actually, I have -- Mr. Mullins, if you can step up. Because I'm just going to refer back to something that -- I just wanted to bring some attention to it because I don't know if it's ever been corrected or not or -- but if you remember, I sat in on, I think it was that meeting end of July or beginning of August. It was the Zoom meeting. It was actually the State's meeting with the feds, and you, myself were also on their Zoom. And I was dumbfounded that I actually had an opportunity to talk to our lobbyist in Washington, D.C., a few weeks ago. And I was just curious if we ever found out if -- there was kind of an error or -- possibly by the young gentleman with the federal veterans' administration. He said -- quoted something that our application was an unfunded application, because there was a question where we fell on the list. And I think the people in the State about jumped through the screen was like -- and somebody needs to correct this. But do Page 168 of 5419 September 24,2024 Page 154 you know or have we heard anything since that meeting that -- MR. MULLINS: Yes. For the record, John Mullins, your director of Communications, Government, and Public Affairs. There was a little bit of confusion. Keep in mind, this is a first-of-its-kind application ever in the nation building a 120-bed skilled nursing facility and an adult day healthcare simultaneously. In the past, the adult daycares have always been approved as add-ons to existing facilities. So the approval process for this is kind of being developed as the process commences. So there was a little confusion as to whether or not there needed to be two separate applications, one for the 120-bed skilled nursing facility and one for the ADHC. They were initially submitted by the State as separate applications. After that call, it was determined what they needed to do was merge those into one, which they have. So everything is on track. It didn't delay anything in the approval process, and we still await that priority ranking list, which could come any time after October 1st. COMMISSIONER KOWAL: But he correct -- did they correct that we are funded? MR. MULLINS: Yes. Oh, yes. COMMISSIONER KOWAL: That was another thing that he said, that they had no indication that it was a -- it had this -- (Simultaneous crosstalk.) MR. MULLINS: Proof of the State -- COMMISSIONER KOWAL: -- group that's unfunded. And I was like, well, we are funded for -- MR. MULLINS: Yes. Proof that the State had funding in hand was provided to them, so they do have that, and everything is on track. COMMISSIONER KOWAL: All right. Thank you. COMMISSIONER SAUNDERS: You know, it's interesting Page 169 of 5419 September 24,2024 Page 155 dealing with the federal government. We filed the application. I believe it was due on April 15th. We filed it the first week of April and, fortunately, got an e-mail from the Federal Department of Veterans' Affairs confirming the application receipt and an application number. A month later, they advised us that we had not applied. And so we sent them the e-mail with the number on it, and they corrected the record. So there's a lot of this type of miscommunication. None of that miscommunication's been the fault of our staff or the Commission or anybody. It's just been the federal government. We all know how the federal government operates. So there was no surprise that they sent us that message that there was no application on file, but we got that corrected. MR. MULLINS: And as you recall at the outset of this, this is a unique project in that it requires constant collaboration and cooperation between local, state, and federal governments simultaneously. So there's any number of things that could go wrong. One other thing, too, to the point of an oversight committee, please keep in mind -- and we've had issues with the media and others getting this wrong -- this is a state project. The State hired the contractor. The State hires the architecture. The State manages the project. So if you do any type of oversight committee or something like that, it probably would require the State signing off on its applicability to that project. COMMISSIONER SAUNDERS: Good point. CHAIRMAN HALL: Well, one of the things that I have learned recently is collaboration within the governments is collaboration within the governments. Commissioner McDaniel. COMMISSIONER McDANIEL: Did somebody write that Page 170 of 5419 September 24,2024 Page 156 down? That was one of the most profound statements that I've -- CHAIRMAN HALL: I've learned that recently. COMMISSIONER McDANIEL: Well -- and you -- maybe -- and you've been tapdancing around it, but is October 1st the date-ish when we're going to hear whether we get blessed by the feds? MR. MULLINS: Typically, with the start of the federal fiscal cycle, that's when you would start to see some movement on this. That doesn't guarantee that the list will be out then. As a matter of fact, with a continuing resolution expected at the federal level for congressional funding for many programs and agencies, it may be a little while longer before that list is released. And to Commissioner Saunders' point earlier, even though the priority ranking list may come out, that doesn't guarantee congressional funding's going to happen anytime soon thereafter. It may take a little while. COMMISSIONER McDANIEL: At the end of the day, that's where we're waiting. MR. MILLER: We have one registered speaker today; Dr. Holmes, Dr. JB Holmes. DR. HOLMES: Commissioners, Chairman Hall, thank you for having me here today. My name is Holmes, Dr. J.B. Holmes. And I did want to speak to you briefly about the VA nursing home and the formation of a veterans' advisory committee or oversight committee, but much of what I needed to say has already been said. The situation that I felt brought that up was that -- it is -- as Mr. Mullins said, we're working that local level, county, state, and federal level, and it becomes a little difficult and confusing the information we receive. Within the county level, within the local level, I'm personally working with the Collier County Veterans' Council; the Veterans of Foreign Wars; the Marine Corps League; Gulf Coast Veterans; Congressman Diaz-Balart; Senator Scott; Page 171 of 5419 September 24,2024 Page 157 Senator Passidomo; Suffolk, which we work with directly because one of their higher-level managers is a member of the VFW; and, of course, this august body, the Board of County Commissioners. So getting all the information together in one spot, coherent information, one source, one body, has been a little challenging, a little challenging. We've heard a lot of conflicting information. We've heard a lot of maybe information that's just plain wrong. And I would -- therefore, that is why I wanted to propose a body, a veterans advisory committee or a veterans oversight committee, whichever title you wish to use. And I understand what Mr. Mullins said, that that -- because it is a Florida project, that would need Florida approval also. But I think that would still be -- it would still be worth it. It would still be necessary. So I just wanted you to know that Mr. McDaniel's comment, that I give you my love, and I hope you have my trust and respect. And I do just earnestly ask that we have that from Mr. Saunders -- from Commissioner Saunders' list, which I helped develop -- and I think I'm on that list, I hope, Mr. Saunders, Commissioner Saunders. So anyway, I do just formally request that we form a veterans' oversight or veterans' advisory committee to have one coherent body of information that we can work with the County Commissioners -- with the County Commissioners. COMMISSIONER SAUNDERS: I'll work with you to kind of create what the committee would be doing, because that would be critically important because as John Mullins has said, this is not a county project. It's a state and federal project. And so oversight really isn't oversight. It's advice and that sort of thing. But we'll work on putting something together, the membership and how many people should be there, what their role would be. DR. HOLMES: That's fine. Thank you, Mr. Saunders. Thank you, Commissioners. Page 172 of 5419 September 24,2024 Page 158 CHAIRMAN HALL: Thank you, JB. Do we need a motion to accept the update or -- COMMISSIONER SAUNDERS: Yeah. Actually, we don't really need a motion. It's just an update. Just I wanted everybody to know that if you have questions, we may have some folks here on October 8th that can answer those. DR. HOLMES: I think I had 30 seconds left. So in that case, may I ask that we be included in that October 8th or 9th meeting that -- COMMISSIONER SAUNDERS: October 8th is dependent upon the members being here on time. October 8th, that meeting -- the 9th, rather, that meeting is strictly their staff, so we're not going to be involved in those meetings. We may have -- we'll have some of our staff people that are involved with site preparation, that sort of thing, but it's really not open to the general public. It is simply the Florida Department of Veterans' Affairs staff and our staff working out some details. So I would say no, that's not really an opportunity for the public to be involved. DR. HOLMES: Well, I ask that -- I assume that you would be on that committee. COMMISSIONER SAUNDERS: I am not. I will get reports. Mr. Mullins will let me know what's -- what is going on, but I will not be part of that group. Again, that's staff people doing the detailed planning. DR. HOLMES: Thank you. Then I would ask that that report information and Mr. Mullins -- Mr. Mullins furnish us with the information that -- COMMISSIONER SAUNDERS: Yeah. We'll have -- DR. HOLMES: -- was discussed in that committee. COMMISSIONER SAUNDERS: We'll have a report from that. Mr. Mullins will -- Page 173 of 5419 September 24,2024 Page 159 DR. HOLMES: Thank you. Thank you, Mr. Mullins. MR. MULLINS: Actually, if I could add to that. One of the reasons why this is a staff meeting -- pardon me -- in the past, FDVA was kind enough to share the architect's preliminary plans, the floor plans to the facility. Typically, healthcare -- floor plans of healthcare facilities would be exempt from public records. This meeting will be a roll-up-your-sleeves technical type of meeting. They will be discussing several things that, from a records standpoint, will be exempt from public records laws, and therefore, we would not have the public necessarily viewing them out of an abundance of caution to protect that information. So just to let everybody know, it's all on the up and up. It's just a staff-level meeting that basically has to happen in a little bit of shade to take care of any type of public records laws that we would be treading upon. CHAIRMAN HALL: Great. COMMISSIONER SAUNDERS: Thank you, Mr. Chairman. Item #11A APPROVE THE FALL TRUCK HAUL BEACH RENOURISHMENT PROJECT AND AUTHORIZE TOURIST DEVELOPMENT TAX EXPENDITURES FOR THE PARK SHORE BEACH SCHEDULED FOR NOVEMBER 2024 WITH AN ESTIMATED PROJECT COST OF $7,506,100.00; AND MAKE A FINDING THAT THIS ITEM PROMOTES TOURISM (PROJECT NO. 90067). (ANDREW MILLER, MANAGER - COASTAL MANAGEMENT PROGRAM) - MOTION TO APPROVE BY COMMISSIONER HALL; SECONDED BY COMMISSIONER KOWAL– APPROVED Page 174 of 5419 September 24,2024 Page 160 MS. PATTERSON: Commissioners, that brings us to Item 11A. This is a recommendation to approve the fall truck haul beach renourishment project and authorize tourist development tax expenditures for the Park Shore Beach scheduled for November 2024 with an estimated project cost of $7,506,100 and make a finding that this item promotes tourism. Mr. Andrew Miller, your manager of Coastal Management, is here to present. MR. ANDREW MILLER: Thank you. Andy Miller, your Coastal Zone manager, at your service. Our project is in Parkshore. We've got about 167,000 tons of material to get on the beach. And if you have any questions about the project, I'm happy -- I've got a couple slides we can go through, if you'd like. CHAIRMAN HALL: Just basically, Mr. Miller, what -- from -- what's the southern boundary to the northern boundary, and how much -- how much is it going to raise the beach? MR. ANDREW MILLER: I'll go ahead and pull a couple slides here. This is a good picture of the project. What you see at the bottom of the screen is kind of a thick purple line that has Naples Cay at the -- what is north, and you'll see that the project extends beyond Naples Cay by about a thousand feet or so over into the beach in front of Outer Clam Bay, and then the southernmost point is down closer to Doctors Pass at a facility -- or at a condominium called Lausanne. And they have two towers. This is the south tower. So that's the north and south. And as far as raising the beach, it brings it up to an elevation -- the permitted elevation is elevation 4.3 or so, but it -- in a sense, it gets us the width as well as the height. CHAIRMAN HALL: Gotcha. All right. Thank you. COMMISSIONER LoCASTRO: One of the things I want to say is Andy presented at the TDC that I chaired, and we got into a Page 175 of 5419 September 24,2024 Page 161 little -- a lot more detail to make sure that we were getting best bang for the buck. We were really shaking down contractors for the best deal for sand and a bunch of other things, and he had all the right answers. So I'll just -- I'll just keep it brief and just say that I really appreciated your presentation and how hard you've worked to make sure that we're expending these dollars wisely and, you know, properly. MR. ANDREW MILLER: Thank you. CHAIRMAN HALL: Commissioner Kowal. COMMISSIONER KOWAL: Thank you, Chairman. Mr. Miller, I'm assuming that the blue line on here is the inbound for the haul? MR. ANDREW MILLER: You can barely read the lettering. I tried to label it as best I can. You get lost in all the color. But the blue line is the outbound to I-75, and the red line is the inbound. And this was -- we worked this out during the truck haul berm project a couple years ago with the City of Naples, and it worked out quite well. COMMISSIONER KOWAL: That's the same one where we kind of come through the park where we had that private road, they let us use that, or is that the -- MR. ANDREW MILLER: Well, this is up at Horizon Way, up in Parkshore. And so what the truckers do, they come in on Golden Gate, they go north to Park Shore Boulevard [sic] and go out to Gulf Shore Boulevard, then down to Horizon Way, southward, and then they dump their sand, come back out, and then go south. They take a right on Gulf Shore Boulevard back to Harbor Drive, and then back to 41 and back to Golden Gate Parkway and out to 75, and it minimizes the amount of trucks that cross each other's path as well as the typical traffic on the roadways. COMMISSIONER KOWAL: Where's that adjacent to the two Page 176 of 5419 September 24,2024 Page 162 new hotel projects that -- you've got -- CHAIRMAN HALL: It's north. It's north of it. COMMISSIONER KOWAL: Rosewood's going to be that, and then you've got Four Seasons. MR. ANDREW MILLER: Those are to the south. COMMISSIONER KOWAL: Those are further south? MR. ANDREW MILLER: Those are to the south. South of Doctors Pass, yes. COMMISSIONER KOWAL: All right. Thank you. CHAIRMAN HALL: Commissioner McDaniel. COMMISSIONER McDANIEL: Yeah. Just as -- and I'm going to put you on the spot here. And I just want to say this: My quick math calculation, this was close to $66 a ton placed sand plus/minus in that realm. MR. ANDREW MILLER: Sure. COMMISSIONER McDANIEL: Do you recall when we -- when we dredged the Marco River and pumped the sand for Tigertail what the cost per ton was? MR. ANDREW MILLER: I vaguely remember the consultant for the city talking about a 10 or 11 dollars -- COMMISSIONER McDANIEL: Yeah, 12. It was about $12. MR. ANDREW MILLER: Right. COMMISSIONER McDANIEL: So the point -- the point that I'm making here right now is -- and you've heard me say this before: Width, breadth, and depth create volume. And we need to regularly -- and that's part of the job with the RPC is to work with our other counties, our sister counties up the coast to begin a maneuver away from the sole source -- the sole sand that we have out offshore. There's only one mechanism that can bring the sand from the -- from the EPA or the DEP's designated sand source, and that's called a hooper dredge, and that hopper dredge can only haul about 20 Page 177 of 5419 September 24,2024 Page 163 truckloads at a time. And we really need to begin the lobbying process of developing a sand source that's closer so that we can pump our beaches on a regular basis. One of the things that we do know is the turtles -- we have to re-nourish our beaches when the turtles aren't laying, and so they lay different times here than they do down on Keewaydin. They lay -- and then it moves on up the coast as well as far as a different time frame goes. So that's one of my efforts that I want to see the RPC become involved in is beginning the process of adjusting where we're getting our sands from so we can have a more equitable placement of sands coming from offshore and not having the in-haul. COMMISSIONER LoCASTRO: Can I add something to that, Chairman? One of the things that I commonly get from citizens is, especially when it relates to Tigertail -- and you probably read we've done some repairs there, and then every time there's a storm, there's a little washout area, and it's all -- and then you fix it again, you know. If you let nature take its course, that place will be, you know, totaled in, what, a couple of years. You know, Andy you're all part of these discussions. But a lot of times we get suggestions from people, "Why are you moving around all this sand? Just bring out a bunch of rock there and, you know, protect the beach that way?" And it's the turtles. You can't put rock all up and down the beach because the turtles will walk, and then they'll be "Where's our home?" And I get, you know, experts who say, "You guys are so stupid wasting all this money on sand, you know. You should care more about the environment". And this or that, and it's like, you know, your head explodes when you read these e-mails. But it's those very things. You know, we're not dumb or stupid. We realize how water Page 178 of 5419 September 24,2024 Page 164 moves and how sand moves, and every time, even when there's excessive king tides or whatnot, sometimes you have washout areas. It's all part of living in a beach community. And, you know, you have to have this in the budget. And, yeah, you can fix it with big, giant 50-foot walls like we saw the Army Corps of Engineers suggest that we maybe do somewhere up and down, you know, Naples Beach and, of course, we'll never do that. You know, we're trying to keep the natural look not only of where we live but also to allow wildlife to come and go and use the beach as well. So when you mentioned the turtles, I just wanted to add that, because I'm sure we'll get a few e-mails saying, "Oh, my God, you know, more money on sand that's going to get washed away in the next storm." It's like, well, but this is what you have to do when you live in a community such as ours. There are no easy fixes, because they have other consequences like, you know, turtle habitats, and plenty of other things as well. But, you know, there's the expert right there at the podium that knows that, but I wanted to just add that. CHAIRMAN HALL: So we have 4.1 million right now to do that from TDT monies, and then we're going to be reimbursed when we make the application? MR. ANDREW MILLER: That's what we hope. We hope we get about 42 percent from the State for these projects. CHAIRMAN HALL: Good. All right. I make a move -- COMMISSIONER McDANIEL: Move for approval. COMMISSIONER KOWAL: I'll second. CHAIRMAN HALL: Moved and seconded. All in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. Page 179 of 5419 September 24,2024 Page 165 CHAIRMAN HALL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN HALL: Opposed? (No response.) CHAIRMAN HALL: Done. Thank you. MR. ANDREW MILLER: Thank you. MS. PATTERSON: Item 11C is a recommendation to direct the County Attorney to advertise -- MR. MOGIL: I had put in to speak on 11A. MR. MILLER: I'm sorry. I had it in the wrong spot. That is -- my apologies. It was in the wrong folder here. 11A, H. Michael Mogil. I am so sorry, Mr. Chair. CHAIRMAN HALL: Do you want to speak against it? MR. MOGIL: I want to put some insight into it. CHAIRMAN HALL: Okay. MR. MILLER: My apologies, sir. CHAIRMAN HALL: No worries. MR. MOGIL: Second time I've stayed late that I've been excluded. COMMISSIONER McDANIEL: Getting the message yet? CHAIRMAN HALL: It's a sign. COMMISSIONER SAUNDERS: It won't be the last. MR. MOGIL: I'm sure it won't. COMMISSIONER McDANIEL: Troy, you're not getting a fruit basket from this gentleman. It's not coming. MR. MOGIL: It's okay. MR. MILLER: I don't think he's getting you one. MR. MOGIL: I'm coming back anyway. I don't care. My name's Mike Mogil. I live in Naples. I've been here since 2005. I've been through three hurricanes. I'm a meteorologist Page 180 of 5419 September 24,2024 Page 166 because I lived in New York and hurricanes fascinated me when I was nine years old, so I know hurricanes. The item that we're talking about here is doing a piece of the beach. And I'm not sure how that piece of the beach interfaces with other projects up and down the beach, because interfacing is really important to how the waves come in and interface with the beach. It also links to what we're going to talk about in December, I guess, with the Corps of Engineers' project for the coast in terms of how Collier may interface with Lee and when that project gets done. So I would just like to know from a historical perspective -- these beach projects, these beach renourishment projects have been going on for a while. This one says, "Life of five years barring any significant storms." What's been the history of the beach nourishment projects? Have they lasted five years or not? That's one of my questions. You answered the question about where the money is coming from. Does any FEMA or other federal money come in here to do beach nourishments? I'm not sure about that. Is there anything that happens after a hurricane where the federal government comes in and says, "Here's money to replenish your beach"? I don't see the federal money in here, but yet we did have some beach erosion in the last couple years due to Ian. A separate item based on what I heard this morning from Sheriff Rambosk is we want to make sure that the trucks that go through Collier County follow the rules. It seems to me that if we award this money to a contracting company, we should put something in there that says, "Make sure Rambosk talks to them about truck safety." It seems like a good way to get that message out. The last thing is, though, for the December meeting -- and I'm big on this, and it's not always done. And I'm going to just ask this question: Are you guys aware of the libraries in terms of all the Page 181 of 5419 September 24,2024 Page 167 visual displays in the library that announce library projects and everything? If you go into, like, Orange Blossom library, there's displays all over the place that says, "We're going to have this meeting this week," "This group's going to have a meeting, library show, et cetera." Why on some of the key items here where we need public input, like the Corps of Engineers come December, that the commissioners don't interface with the libraries to make sure that notices are on those public displays and get people to come? I mean, some of the -- what do they call -- charrettes were held at libraries in the county. It seems to me that that's a great vehicle for getting information out, not just about that project, but about other things that may be important to the commissioners. So I just want to make sure I put that there. I've given up my day, but I did have a trifecta, so I'm thrilled, and I shall be back. Thank you for -- MR. MILLER: My apologies. MR. MOGIL: They're accepted, but I'll be back. I'm sorry, "I'll be back." MR. MILLER: Commissioners, I'm happy to answer a couple of the questions at your pleasure. CHAIRMAN HALL: Commissioner McDaniel. COMMISSIONER McDANIEL: No. My comment had to do with one of the things that Mike talked about, and that's something that I would like to see us move. I've lived -- moved towards -- I've moved here -- I've lived here for 43 years. And the sporadic nature of our beach renourishment has always frustrated me. And we oftentimes don't -- if we weren't continuously renourishing our beaches on a far more regular basis, the degradation when, an inevitable storm does come, would be far less. So one of the goals that I want to do is join with our sister Page 182 of 5419 September 24,2024 Page 168 counties to the north and provide for a regular renourishment process that's just ongoing all of the time in advance of an inevitable storm event. MS. PATTERSON: Commissioners, just for clarification, we do survey the beaches -- the public beaches every year to determine the areas that need renourishment. If we had more than one segment in a year, we'd be renourishing, likely, more than one segment. It's to keep the beaches to their standardized template for both elevation and width, which there are some places where those are slightly different. But if we had a survey come back in a year that we had experienced extreme loss of beach due to winter storms or whatever, then Andy could be faced with having to renourish multiple segments of the beach in one year. When we get to this discussion with the Corps, that may give us a different approach not only by partnership but also because the Corps would ultimately then be responsible for those renourishments and potentially could be looking at a different time frame and way or renourishing up to and including a larger dredging project and expanding the template of the beach. Andy, if there's anything else you want to add. But I just want to be sure that the public understands that we're not picking and choosing the segments of the beach that we're renourishing; that we're renourishing the ones that are required to be renourished, however many that may be, or years where -- a better year when it's not required at all. COMMISSIONER McDANIEL: There again, intuitively, my rationale was just a continuous renourishment provided for higher and wider beaches so that when that inevitable storm event did transpire, we were already prepared for it; we weren't necessarily coming in after the fact with our survey data and renourishing here or there. And there is a good interface between these surveys that are, Page 183 of 5419 September 24,2024 Page 169 in fact, done on these different segments. MS. PATTERSON: Yes, sir. Thank you. Item #11C DIRECT THE COUNTY ATTORNEY TO ADVERTISE AND BRING BACK FOR A PUBLIC HEARING AN AMENDMENT TO ORDINANCE 2023-71 TO REMOVE ROADWAYS THAT ARE NO LONGER UNPAVED, ADD UNPAVED PRIVATE ROADWAYS, AND ESTABLISH AN OPT OUT PROVISION. (TRINITY SCOTT, DEPARTMENT HEAD – TRANSPORTATION MANAGEMENT SERVICES DEPARTMENT) - MOTION TO APPROVE BY COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER LOCASTRO – APPROVED All right. That brings us to Item 11C, a recommendation to direct the County Attorney to advertise and bring back for a public hearing an amendment to Ordinance 2023-71 to remove roadways that are no longer unpaved, add unpaved private roadways, and establish an opt-out provision. Ms. Trinity Scott, department head, Transportation Management Services department, is here to begin the presentation or discussion. MS. SCOTT: I'll be brief. I have to give credit to Mr. Klatzkow. He was able to turn around an amendment to the ordinance based on our discussion at the last meeting. And we are here today asking you for permission to advertise the ordinance, and it will come back at a later meeting for actual adoption. I will tell you, one item that was not included in here, because as much as I like to be a miracle worker, I could not be, which was turning around the taxable values for the 79.302 miles adjacent properties. Page 184 of 5419 September 24,2024 Page 170 But I have corresponded with the Property Appraiser, and they have advised that they can get that information back to us in about four weeks. We've already distributed it over to them so that they could get started on that, so... With that, we're seeking your permission to advertise the amendment. CHAIRMAN HALL: Commissioner McDaniel. COMMISSIONER McDANIEL: So -- and with that note, that was what I wanted to share. When we brought this item forward for the countywide MSTU, plus/minus, there was about -- at 1 mil, there was about 280- -- somewhere around 280-, 290,000, and we'll get an actual update with regard to what that taxable value is. And just to reiterate, today we're just advertising -- or approving the advertisement of this ordinance, and then the heavy lift will come about 30 days from now or so when we bring this item back for its ultimate approval. So I'll make a motion for approval. COMMISSIONER LoCASTRO: I'll second it. CHAIRMAN HALL: It's been moved and seconded to advertise this ordinance. All in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN HALL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN HALL: Opposed? (No response.) CHAIRMAN HALL: Go put it in the paper. Item #11D Page 185 of 5419 September 24,2024 Page 171 CONSIDER TOURIST DEVELOPMENT TAX MARKETING (CATEGORY B) GRANT AGREEMENTS ($78,000) AND NON- COUNTY OWNED/OPERATED MUSEUMS (CATEGORY C-2) ($672,000), FOR FY 2024-2025 AND PROVIDE DIRECTION TO AMEND OR APPROVE AS PRESENTED, AUTHORIZE THE CHAIRMAN TO EXECUTE AND MAKE A FINDING THAT THESE EXPENDITURES PROMOTE TOURISM. (JAY TUSA, DIVISION DIRECTOR - TOURISM) - MOTION TO APPROVE AS PRESENTED BY COMMISSIONER LOCASTRO; SECONDED BY COMMISSIONER MCDANIEL – APPROVED (COMMISSIONER HALL OPPOSED) MS. PATTERSON: That brings us to Item 11D, and this is a recommendation to consider tourist development tax marketing, Category B, grant agreements and noncounty owned/operated museum, Category C, for FY 2024/25, and provide direction to amend or approve as presented, authorize the Chairman to execute and make a finding that these expenditures promote tourism. Mr. Jay Tusa, your division director for tourism, is here to present. CHAIRMAN HALL: Excuse me, Jay. Commissioner LoCastro. COMMISSIONER LoCASTRO: Yeah. Jay, let me just set the table for you just to -- I just wanted to tell my fellow colleagues, they remember a little bit more than a year ago your predecessor sitting at this podium and bringing us a long list, some of the numbers kind of robust. And when we were asking questions about the application process for grants, you know, some of us, including me, didn't love the answers. You know, it just seemed like, you know, tongue in cheek, you could put something on the back of a cocktail napkin, and if you got $100,000 every year, you automatically got Page 186 of 5419 September 24,2024 Page 172 $100,000 the next year. So what we said was, in fairness, because it was sort of a real last-minute, that we would approve the list as-is a year ago, but that moving forward we wanted him to -- immediately upon approval last year to get with all these organizations and let them know, you know, it's not Christmas anymore; that we want an aggressive application process. Every year is different; that we want them to justify not only what they're asking for, but how hard they're working to raise money as well and not just relying on the county. And if they don't get the full amount that, "Oh, my gosh, you know, it was money we were automatically counting on." You know, I'm here to tell my colleagues that at the last TDC meeting, we went over this list in great detail. In nearly every single instance, we are giving slightly less money and, in some cases, a bit less -- more than a little bit less to organizations because you also did a great job putting together a much more robust application process. And also, I was really impressed with -- when I said, "What was the blowback from the organizations," you know, your team said, "You know everybody understood they had a year to prepare. This wasn't a big shock." So I will just tell you that the list -- not only -- and it's not a matter of just squeezing organizations and giving everybody less just because we want to. In the TDC meeting what we talked about is it's about best bang for the buck. So if we normally give somebody 100,000 but maybe we think they only qualify for 75- this year, now we have 25- to maybe give to a new organization. And the beauty of the list is -- and I forget what the number is. And I won't steal your thunder; wait till you talk. But there are quite a few new organizations that have never applied for grants before that now got grants, and we had the money to actually, you know, do it. And so, you know, we had a much longer discussion on this in Page 187 of 5419 September 24,2024 Page 173 the TDC. And I was impressed with every single answer, the way you and your staff aggressively went about this and how you also held to task these organizations who are benefiting from this. Like we said, this isn't a donation. This isn't a handout. It's a grant. But you need to be working as aggressively as we are and weaning yourself, maybe, even off of these funds. And we went through that all in great detail. I just wanted to sort of set the table that -- what this -- what these five commissioners directed a year ago happened. And I was very pleased, you know, with the list and how the wealth was spread a bit more and, most importantly, how all these organizations had to aggressively qualify and -- what's the word I'm looking for -- substantiate or, you know, in more detail clarify why they needed a certain amount, what they're going to do with it, and also what they're doing on their end to raise funds as well to balance out and maybe, as we go further along, offset what they were getting in the past, not that it was an automatic gift. So you -- I'll turn it over to you, but I just wanted to say that, and how we did a deep dive at the last TDC over this list. MR. TUSA: Thank you, Commissioner. I appreciate that -- that insight and kind of a little bit of a refresh for everyone for last year. I was not here last year, obviously. But, you know, staff, I think, did a great job in listening to the Board and direction you gave last year in kind of relooking at the program. You know, I walked into that as the process was wrapping up this year. You know, we looked at everything when we evaluated the grant amounts and the recommendations to the TDC council. So I certainly appreciate your comments and staff's work on all this before I walked in the door and, obviously, you know, with my tenure in the past six months being here. Page 188 of 5419 September 24,2024 Page 174 So I do think that, you know, the remarks and comments of the Board resonated with staff, and we certainly look to address those concerns moving forward. So I can walk you through a little bit about the grant process this year. So today we're talking about two grants that fall into the arts and culture realm. One is Category B, marketing, and Category C2, the noncounty museums. So this year we received 17 applications -- a total of 17 applications. Eleven of them were for the noncounty museums, one more than last year. So kind of echoing the comment that Commissioner LoCastro just made is, you know, if we kind of look at our dollars, then maybe we can have more dollars for other applications. We had 11, one more than last year, and then for the marketing grants, we had six applications that we received, and that we received three more -- three new applications submitting for the first time this year. So the noncounty museums totaled 672,000 this year, and the marketing grants totaled 78,000, so that's a total of $750,000 this year that we're proposing versus last year it was at 824-, almost 825,000. So you can see we had a reduction in about 9 percent in overall spending for these grants and what we were proposing for this year. So I think that will kind of, you know, resonate with the Board and certainly, you know, the direction to, you know, take a look and see about sharpening the pencil and making sure these dollars are working appropriately for Collier County. I can walk you through some of the changes that we made this year if you'd like. I'm certainly happy to do that, or if you have any questions about that, or if you have any questions about the individual grants, I'm certainly willing to entertain those as well. COMMISSIONER LoCASTRO: The only thing -- I don't know that you need to walk us through it unless -- I mean, I don't Page 189 of 5419 September 24,2024 Page 175 want to speak for my fellow commissioners. But one of the things we also said at the TDC is this isn't just about promoting tourism. We have citizens that go to these museums as well. So sometimes when people think we're throwing money at things so we can fill the roads and the parking lots and the beaches and all that and bring all these people from Miami here, as sometimes we're accused of doing, this is also reinvesting money into our own community so that our citizens can enjoy all the amazing things that all of these culture and art centers and everything else in between do. And sometimes that's lost. It's not like we're investing in this just for the tourists. So, you know, it's an investment in Collier County. It's not an investment just in tourism, as sometimes it comes off to be. But I don't know if my colleagues need a deeper dive or if they have any questions. But, you know, we had a marathon TDC, right? Our TDC meetings go really long, but -- MR. TUSA: It did go long last meeting. COMMISSIONER LoCASTRO: But we got a lot of positive comments from the other board members that really appreciated the deeper dive that we're doing and things like this and others. So I'll just -- I'll end it there and see if my colleagues have any questions. CHAIRMAN HALL: Commissioner McDaniel. COMMISSIONER McDANIEL: I was going to say, why don't you go ahead and make a motion. I'll second it. COMMISSIONER LoCASTRO: I'd like to -- unless there's any questions, I'd like to make a motion that we approve this grant money as outlined. COMMISSIONER McDANIEL: And I'll second it, and with a compliment to staff, because I was the chair last year, and you heard the message, and I love the review that's, in fact, transpired. CHAIRMAN HALL: Well, I'm going to take a different approach. I said last year that I wasn't interested in forwarding this Page 190 of 5419 September 24,2024 Page 176 money. I'm fundamentally opposed, and here's why: I think that we collect TDT taxes for tourism, not for our local people that -- to attend fun events. And when we set in a little over a year ago with our budget -- this doesn't have to do with the General Fund, but it's principally the same -- we were willing -- we said that we were willing to do the hard work and that we were willing to make the hard decisions. And year after year, these grants have been coming forward to these same organizations. Regardless of how they apply, they get it. Regardless of what they do with the money, the monies come to them. And that may have been a great idea out of the recession, and it may have been a great idea to boost the economy and to get people to come here. I think because it was a good idea then, it may not be a good idea now. Last year I honored the commitment that the former tourism manager made, and I said, "I'm going to honor his commitment" because it was expected, "but next year don't come with your hand out," and I meant that. I didn't change my mind in the middle of the stream because the application changed. To me, TDT monies ought to support our infrastructure, our beaches, our bathrooms, our amenities, our parks, our water features. And when those are done, then we can take a look at what maybe we have access to do with. This list is for private entities. It's for non-for-profits, and they're the same ones over and over. It's the arts. And I'm -- I love the arts. I attend the plays. I take my kids to the museums, and I'm not -- I'm not -- it's not what this is about. Why don't we give money to Seed to Table? They're a tourist attraction. Why don't we give money to Grow Church? They're a non-for-profit. I mean, where does -- where does this end or where Page 191 of 5419 September 24,2024 Page 177 does the rationale begin? I think we're looking for reasons to spend monies that we've collected when the basic thought really should be, if we get our infrastructure corrected and if we're doing all this correct, why are we collecting so much tax anyway? Why don't we be a less-tax destination to bring people here, or we could offer no tax for X amount of months to boost the economy or to boost tourism. I'm not saying I want to do that, I'm just saying, why collect so much taxes if you're just looking for ways to spend them? I'm trying to be a paradigm shifter here. I'm trying to make people -- I'm trying to get us to think just a little bit higher elevation than what we are normally looking. I'm all about giving small amounts to brand-new people that are getting started. The soccer team is a great example of that. They need some advertising. They need some marketing money to get people here to build their team, to build their clientele, and they get it. They've asked for three years, and they're out. Mike Dee, another example we're going to talk about here in a little bit. He's phased his -- he's phased his marketing support out from the county and is willing to pitch in his capital to build -- to build a county asset, and we're going to talk about that. But that's just an example of people that get it. They don't come year after year expecting something from the taxpayers. They -- they actually are putting in to county assets, building county assets. I struck -- also, with -- with the Paradise Sports Complex, with the soccer team, with the pickleball people, their results are very tangible. They can say we've got 50,000 people that came to Collier County because of this event. These are the hotel rooms. This was the amount of monies that we raised from the tax. And that's -- I love that because it's tangible. It's not fuzzy numbers that, you know, you just assume. Page 192 of 5419 September 24,2024 Page 178 And these grants -- sorry, Terri. I'm -- my brain's faster than -- my mouth's faster than my brain. The assumption that if we spend these monies and we give these monies to these museums and to these entities, the assumption is it's going to draw tourism, and that's a great assumption, but it's not provable. It's not -- it's not something that we can just grab our -- grasp our hands. These are great things to attend once people come. I question that the majority of the people -- I'm not going to say anybody, because I'm sure that there -- somebody will come because they want to go to the opera here. But the majority of people will attend these -- attend these museums and these non-for-profits and these other things when they are here, when they come. And that would be what I would lean toward is they're not coming because of these but they're attending these because they're here already. I don't want to be the guy that just rains on everybody's parade. I just want to say think about it a little bit differently. COMMISSIONER McDANIEL: It's sprinkling right now. It's sprinkling. CHAIRMAN HALL: But as it is, I mean, we've -- so we reduced the amount 9 percent, you know, everybody claps, "Yeah, we reduced it." It went from 750- to 672,000. We did a great job. You know, kudos to us. I think that's a bunch of bull. And so that's really all I'm going to say about it. I'm just fundamentally opposed to it. I'm not opposed to taking the new people and boosting their -- boosting their marketing efforts. Like, you know, let us help you out here. Let us give you a little bump in the butt to get you some people here and to get yourself established and to get going. I love that idea. So with that, Commissioner LoCastro. COMMISSIONER LoCASTRO: Thank you, Chairman. Page 193 of 5419 September 24,2024 Page 179 So you said -- and I can respect what you're saying, you know, trying to think at a higher level. I'll just say I do think I think at a higher level, and I couldn't disagree with you more on this. Those museums you enjoy with your grandkids could actually disappear if they didn't have a little bit of investment from the county. And you may not care, but your grandkids might. This is part of what makes our community different, to add culture in some areas. You can't compare the Marco Island Historical Society with the soccer team, the Marco Island arts. We've got Hyla Crane here. Her organization brings -- does bring an incredible amount of culture and all the other things that go with it, but, yeah, it doesn't fill up 5,000 seats to watch the soccer game. So that's apples to chairs. These organizations aren't cash cows in many respects, and that's why they look to these tourism dollars. One thing that you did say that I think does have merit, and it also is part of the conversation we're having about Conservation Collier, are we collecting too much money in taxes? You know, we're taxing our citizens and collecting money at a much larger amount than what we actually need. I think that's a different discussion. Nobody's saying "yay" and patting themselves on the back because they went from 800,000 to 700,000, but I like the trend. I don't think you can go from a Mach 10 to a dead stop. And the signal we've sent to these organizations is, "Hey, we're going to continue that trend." I'll take 9 percent every year, and you know why? Because I could name 10 things right now that the county wastes money on every signal day and spends 10, 20, 30 percent more, and I don't see the impact, and we're attacking those things. So I really applauded the commissioners and the County Manager for that. But I think the thing that makes Naples different isn't always a Page 194 of 5419 September 24,2024 Page 180 cash cow. Everything isn't Great Wolf Lodge. But there are things that add to our community, and not just to bring in tourism. But I want to -- you know, when I eventually have grandkids, I want to be able to go to Hyla Crane's museum whether it's a cash cow or not. But I want it to be there. And there are some communities that don't have the amazing, you know, art and cultural type of things that make us unique, that make us different. So it's not always about, well, you know, is her museum as important as the soccer team? To me that's apples and chairs. But I think having all of it is what makes our community diverse, which makes it interesting, which does attract tourist but also makes it a great place during the non-tourism season to live and work and play. And just as you said, you know, you enjoy bringing your kids. I can tell you Seed to Table's not going to go out of business if they don't get money from us. They're a for-profit and doing great, and I go there and you go there. But -- you know, I know the point that you're trying to make, but some of these things that we help to keep -- and not afloat. Some of these -- Hyla's museum's not going to go out of business if she doesn't get a grant from us, but the grant makes her amazing piece of Collier County that much better, and we invested in that with the tax dollars we get. And we're so fortunate to be a county that gets that. I agree with you -- it's a separate discussion -- are we collecting too much in taxes? But, you know, like you said, you'd rather it go for the beaches and this and that. We just approved tourism dollars to go to the beaches. So, you know, we can walk and chew gum at the same time. We can do -- we can do multiple things with these tax dollars, and I believe we are. And I'm not screaming from the mountaintops that we had a 9 percent decrease, but you know what, over the years before I was a commissioner here and maybe before some of the other ones were Page 195 of 5419 September 24,2024 Page 181 here, nobody was challenging the TDC to make a dent at all. And so finally, you know, we ResourceX'ed it, and we're now trying to head into a positive direction. And so -- and I know that trend will continue. So I think the arts are important. I think a lot of times they're not self-sustaining because they're not cash cows. You know, everybody wants to walk into a museum for free. Well, no one's printing money in the basement, and so they're not revenue-generating at times the way a soccer team is or the way Seed to Table is, and so that's where, you know, Jay, you have to do your due diligence and make sure that, you know, organizations that truly can benefit from our county's investment to keep them as -- to keep them a part of the heart of this community I believe is extremely important. And I think when you're the TDC chair next year, and you will, you might have a little bit of a different approach when you see the benefit that these tax dollars bring to our community and how much more we're able to do in our community to bring to tourists and citizens alike because we have the luxury of having these tax dollars. Whether it's too much, we're overtaxing people, I think everybody up here agrees, we want less taxation, less government, and all that. But that's another argument that we're -- another discussion that we're having. But I see great value in this, and I want to bring my grandkids to museums, and I don't want them shut down because they went out of business or because the price of admission now is $85, you know, so that they can stay open because, you know, we'll lose a lot of culture in this area. And we are blessed, you know, to be able to have these dollars to do things that a lot of other communities, you know, can't, so -- CHAIRMAN HALL: Well, I don't think Artis Naples is going Page 196 of 5419 September 24,2024 Page 182 anywhere. I don't think the brand-new Gulfshore Playhouse, the brand-new building's going anywhere, so that was my point, and my point about if we collect 44-something million dollars a year in TDT funds and we spend about 7 on beach, and we throw a million their way, that's -- you know, we're less than $10 million. So there's $34 million, and that's -- that was my point. It's -- I can count to three. I mean, I'm not going to -- I just wanted to put it out there and let you know that fundamentally I'm opposed to it, and that's fine. Commissioner McDaniel. COMMISSIONER McDANIEL: Well, you know, Commissioner LoCastro had a very apropos statement, and that is you're about to get a force feed with a firehose when you come out of being chair of our chair and onto the chair of the TDC, number one. Number two, the history that Commissioner Saunders and I have watched with the -- with the TDT monies have never been questioned, and then -- until we came along, it was just kind of sort of rubber stamped all along the way. Now, there is a considerable increase in transparency and accountability and what the benefits of these investments, as Commissioner LoCastro called them, do, in fact, come back to our community both in room nights and meals and entertainment and so on and so forth, number one. Number two, maybe at some stage we should have a discussion, a quick agenda item with the statutory requisites of what the pennies -- each one of the pennies can be spent on. You know, we look at this gross amount of $50 million, or 44 million, whatever the actual number is this year, we look at these numbers, and it's a very voluminous amount, but there's categories for each one of these pennies that can and cannot be -- things it can't be utilized for. So I think maybe for -- even for edification of the public, we might -- we might have an agenda item sometime in the near future Page 197 of 5419 September 24,2024 Page 183 just to reiterate what those -- what those, in fact, statutory requisites are. I completely concur with you with regard to the reallocation of those fundings investing back into our infrastructure, parks and rec, beaches, and so ons and so forth. That would be a huge lift if we can actually accomplish that. And it may be a requisite of adjusting the tourist development tax statutes to allow for the expenditure of those statutorily designated pennies in different areas. So I understand your principle. I understand completely your principle, but I've seen strides that we have taken as a Board -- since I took over as chair last year, and now you have it -- in providing for transparency which then allows for accountability with the folks that are, in fact, receiving these funds. So I'm not going to ask you to change your vote. Like you said, you can count to three. We're done beating this one. CHAIRMAN HALL: Commissioner Kowal. COMMISSIONER KOWAL: Thank you, Chairman. Yeah, it's always been a unique situation that we have here that we spend $44 million of somebody else's tax money, you know, because this is all collected through bed tax through tourism. It's not like our citizens are staying in hotels paying this bed tax. These are people that travel here to spend time here in our jurisdiction, and the money's collected from them. So it's not really even our citizens we're taking this money from. But we do have the luxury to divvy it out, you know, in certain ways, and statutory we're driven certain ways to how we can use it or can't use it. I know -- I'm sorry if -- I apologize. I can't remember the organization, but I know soon after we had the last year's meeting, the county gave them the marching orders and said, you know, "This is what's important. This is what you need to do." You had an event at the Naples Players, I believe it was, at the Page 198 of 5419 September 24,2024 Page 184 auditorium there, and I had the luxury to attend it and sit in on it. And I know the whole idea of the event was for the groups, these organizations that do participate, was finding out ways to collect this data so we had hard numbers and raw numbers and doing surveys during their events to see who actually is staying here in the hotel, who actually came, you know, from out of town, things of that nature. And I don't know -- you know -- and I even stood up and said "Listen, this is what the Board wants to see in the future, because we're no longer rubber stamping this money." I think -- at least while us five are here, I think that's the way it's going. That's the direction it was going. And, you know, I said it and I meant it, that this was probably what you needed to do, you know, and it was important. And I don't know -- because I'm not privy how your guy's meetings went, Commissioner LoCastro and Jay, I don't know. You know, was there a lot of more information brought forward with these organizations, you know, and taking those marching orders back then? Because I know you were there also, right, with the county. So I just don't know, you know, because I felt that that was the right direction. And that way, Commissioner Hall and myself that's new to this, can actually see, you know, real hard numbers and what's actually happening out there instead of just, you know, having somebody say, "Oh, this is what's happening here. Give me my money," you know. So I -- you know -- and, you know, this is probably a Commissioner Hall type comment, but you don't eat an elephant in one gulp. We take small bites, you know. So I think we did take a little bit of bite here and there off this elephant from last year to this year. We have some new people participating. So I think as we Page 199 of 5419 September 24,2024 Page 185 keep moving forward, I think these are the things that we're still going to need to see from this group of citizens that operate these organizations that -- you know, that we are taking it seriously, and, you know, it is not the same old board up here, at least for the next two years. CHAIRMAN HALL: Okay. All right. We have a motion and a second. MR. MILLER: Mr. Chair, we have public speakers. CHAIRMAN HALL: Oh, public speakers. MR. MILLER: I'm going to encourage the speakers to queue up and use both podiums for time. Your first speaker is Kit Baker, to be followed by Steve Nagy. MR. NAGY: I rescind [sic] my time. MR. MILLER: Oh, I'm sorry. Yes, you did. He ceded his time to Kit, so Kit will be followed by Sandy Mahler. COMMISSIONER McDANIEL: That's two mistakes today. MR. MILLER: I know. I'm done. Cut my pay. MS. BAKER: Good afternoon. My name is Kit Baker, and I work for United Arts Collier, which is the local arts agency designated by the State of Florida to roll up some of that income -- impact data that you have been looking for, and we're pleased to do that every time that the national studies are done and provide you with that information. I had the opportunity last week to attend the Tourism Development Council meetings where presentations were illuminating statistical analysis of tourism showing a 7.9 percent decrease in our county but not necessarily in parts of the state where creative industries are stronger. There was also discussion, as mentioned earlier, on reserve funds accumulating in accounts that are not being spent to mitigate these strategies, and the arts community responded to that by Page 200 of 5419 September 24,2024 Page 186 proposing robust programming and marketing efforts to contribute to the county's success. Data reflected that travelers were choosing other beach destinations, destinations with diverse offerings of experiences, including the arts. So how does our arts community stack up to other parts of our state? Last month, United Arts Collier commissioned a study on how our creative industry looks compared to others around the nation and the state, and the way that that study was done was by coming up with the number of cultural activities and events that are ticketed and measurable in that way compared to the population growth that has occurred in our county. This study pulled data gathered from national sources such as Economic Modeling Specialist International, National Assembly of State Arts Agencies, and the National Center for Charitable Statistics based on most current data available. The results show that our community's population has grown, and our arts sector has grown. And yes, we have a new Gulfshore Playhouse, but the ratio between that has not improved our standing as a community, and our arts vitality index is still lower than the national average. This includes theater, music, visual arts, cultural events, and performing arts. Turning to today's opportunity to invest tax monies into the arts, we're talking about a grant award that represents less than 2 percent of the overall tax revenues that had been submitted at 1.5 million overall in applications and has now been scrubbed down to 750- for innovative programming, marketing strategies, and audiences that will not only buy tickets to the events but also spend money on hotels, restaurants, travel, and generally creating a return on investment through tax revenues locally, state, and federal. And we also employ a lot of people who live here, work here, and travel here for their gig employment opportunities. Page 201 of 5419 September 24,2024 Page 187 I propose to you as a body of -- as a commissioner body to consider the work done by the TDC staff in reducing the grant 1.5 to 750- and having had the opportunity and responsibility to review each application carefully and make recommendations as they did. I'd also propose that as an arts coalition, we come back to you in addition to providing impact data, but do a presentation, as other bodies that you award money to, on what we've done in a year. And I'd love the opportunity to work with you on that. Thank you for your consideration. CHAIRMAN HALL: Thank you. MR. MILLER: Your next speaker is Sandy Mahler. She'll be followed by Hyla Crane. MS. MAHLER: Hello. Thank you for having me today. This is my first time, so bear with me. My name is Sandy Mahler. I am one of the copresidents of the Naples Art District. And we are a non-profit organization which did receive a grant from you last year which helped us tremendously. This body in our organization is made up of artists. We are all full-time working artists, and we create our own work as well as present events throughout season as well as fundraisers. We do three fundraisers a year to try to raise money for our marketing and advertising and the administrative services that we have. But mostly, it is volunteer operated by our artists. We have very little funds that go towards administrative. And we all apply ourselves to this organization. And we have 105 of us at this time. But if you know anything about artists, they -- you know, we are building inventory. We are always being creative, and we need people to always be working in our administration field to help us grow. And last year the money that you guys gave us helped us build on our website, and we hired an advertising team that could help us Page 202 of 5419 September 24,2024 Page 188 stay on target to reach more with tourism and the locals, and it helped us grow tremendously. So we are looking -- we're hoping that you will give us something towards this year because we are still in need of administration help at this time. And we've got -- we did implement -- over the summer we have recognized -- we're taking this into a new direction this year where we were mostly focused on tourism events, but now it's become a year-round art district that has always been, but it has not been promoted as such. And so we're spending more money in the summer. We had a couple of events, one in July, one in September, and we have another one in October. And we found that there was between 450, 550 eyes on the art district through our digital advertising. And we actually brought in several hundred people at each of those events, so -- and they were successful, and we're bringing resources into the county with the arts this way. It is -- we give classes -- I'm sorry. I know I'm running late. We give a lot of classes, and this is one thing that people come back here to Collier County for. I, myself, am a teacher, and I find that my students, a lot of them will tell me, thank God you guys have all these artists down here in this area. We don't have anything where we are from, and this is why they come back to this area. They love the arts. They love being a part of it. And it is very helpful to the community. Thank you for letting me speak. CHAIRMAN HALL: Thank you, Sandy. You did good. MR. MILLER: Your next speaker is Hyla Crane. She'll be followed by Elysia Dawn. MS. CRANE: Good afternoon, Chairman Hall and the commissioners. As was said, my name is Hyla Crane, and I'm the executive Page 203 of 5419 September 24,2024 Page 189 director of the Marco Island Center for the Arts of the Arts Center Theater. We are the only arts center and the only community theater located on Marco Island. We've discussed the reasons why -- to approve this allocation of tourism tax revenues to the noncounty museums and art organizations, and the reasons for those include improving the quality of life because art makes the communities more welcoming and desirable and attracts families, travelers, and businesses. It strengthens community because art helps to bridge divides, builds trust in government, and creates a safer, healthier community. It improves the economy. Art creates jobs, stimulates commercial traffic, strengthens local economies, and promotes tourism. Now, the Collier Convention Bureau has trademarked Collier as Florida's Paradise Coast, and the arts play a role in making this county paradise. Collier County produces performances and art exhibitions of high artistic excellence, and these elements are what sets Collier apart, perhaps our unique capacity, especially when paired with our beautiful beaches. Public support for the arts is important. Studies have shown the economic impact and vitality of arts and culture. A recent survey from the American for the Arts showed the return on investment was 9 to 1. So for every dollar invested, the return is $9, and that's quite a positive impact. Now, Marco Island Center for the Arts and the Arts Center Theater isn't as large as some of the other organizations that could potentially receive this funding, but even so, in 2023 and 2024, we offered 217 events, provided 692 virtual performing and teaching artists opportunities, and served 25,126 children, adults, and seniors. Why do I know these numbers? Because through this grant process, we have learned to track our data. We have been meticulous with Page 204 of 5419 September 24,2024 Page 190 our metrics. We now can look at that not-so-fuzzy ROI and know what we are achieving in the work that we are doing. This was an incredibly rigorous grant application process. We are proud to be a part of that. We are an employer. We're an economic driver, because the arts mean business. On behalf of my board, my members, my volunteers, my visitors, my patrons, we hope we can count you on. Thank you very much for your time and attention, gentlemen. MR. MILLER: Your next speaker is Elysia Dawn. She'll be followed by Alice Van Arsdale. MS. DAWN: For the record, Elysia Dawn, executive director of United Arts Collier. I want to start off by saying thank you, Chairman Hall and commissioners, for all that you do to serve all of us in Collier County. As you're considering your support of our county's arts and culture sector and how that impacts our community at large, I'm grateful to have an opportunity to share with you some results from the study United Arts Collier conducts in collaboration with our arts and culture organizations in Collier County and in partnership with the national organization Americans for the Arts which helps demonstrate the positive impact the arts have on our community as a whole. The arts have a positive impact not only on human services for our county, such as benefiting our children's educational outcomes as well as our physical and mental health, including the children, veterans, and seniors UAC provides free services for, they play a very important role in our economy. Our most recent study found last year that the arts generated nearly $150 million in economic activity for Collier County, Page 205 of 5419 September 24,2024 Page 191 supported about 2,000 jobs, included over 1,500 volunteers, generating a value of 1.4 million in volunteer civic engagement hours, provided about 107 million in income to residents, and generated over 29 million in tax revenue to local, state, and federal governments. 3.9 million is local revenue. The more our revenue of our arts -- the more revenue our arts organizations generate, the more revenue they generate for our county. Arts visitors are also high-value visitors. When people attend an arts event, they often make an outing of it, going to a restaurant, paying for transportation, enjoying dessert after the show, and returning home to pay for pet or childcare. These dollars represent vital income for local merchants and restaurants. When it comes to how the arts strengthen the visitor economy, 40 percent of our 1.3 million event attendees in Collier County were nonlocal visitors who traveled from outside Collier County to be here. Additionally, 45 percent of the nonlocal attendees reported that the primary purpose of their visit was specifically to attend the arts event where they were surveyed. People come here not only for the beauty of our fabulous beaches but to experience the beauty of our arts and culture as well, especially when the weather doesn't allow for beach time. Without these marketing grants, our organizations would not have the funds they need to draw visitors to our county and help generate this valuable revenue. I strongly urge and humbly ask you to please consider how these crucial grants affect not only the arts organizations here but our entire economy. We would be most grateful for your help keeping our arts and our greater community thriving. Thank you very much for your past support and your consideration for this year's support. We really appreciate it. Page 206 of 5419 September 24,2024 Page 192 CHAIRMAN HALL: Thanks, Elysia. MR. MILLER: Your next speaker is Alice Von Arsdale, and she will be followed by Jonathan Foerster. MS. VON ARSDALE: Hi. Good afternoon. My name Alice Von Arsdale. I'm delighted to be the vice president of development at Artis-Naples. I'm glad to have this opportunity to address you-all today to express our ongoing gratitude for this grant program. These funds continue to have a tremendous impact on each organization represented here today, our programs, and our wonderful growing community. Artis-Naples, we feel a great pride in the creation and presentation of over 800 deeply inspiring and unique cultural programs each year. This season, Artist has applied for grant support of two exciting programs. This includes the popular Naples International Film Festival which will be occurring at the end of October, as well as a blockbuster exhibition at the Baker Museum focusing on the influential Mexican-American -- excuse me -- Mexican-Canadian artist, Rafael Lozano-Hemmer, on view December through June. We know these programs are deeply moving to both our local and visiting patrons, and we anticipate tens of thousands of visitors across both programs. This engagement speaks to the universality of the arts and how it motivates individuals to connect and understand one another but also how resources like these are often the deciding factor when it comes to choosing a vacation destination and a new home. To address and assuage some fears and concerns about this application process, we take our application implementation and reporting very seriously. We are no stranger to it with our government grants from the local all the way up to the federal level, as well as private foundations. We relish the opportunity to prove Page 207 of 5419 September 24,2024 Page 193 impact and to underscore it. That is the entire prong of my role is to do that with not just you-all in this room but also with our private donors. We as non-profits, are stewards of these funds, transferring that into real impact in programs and opportunities. We work very diligently to be clear about where we are spending these funds. We track attendance meticulously and closely, as Hyla mentioned, and we can record who is coming into our halls. We do feel and we do know that we are an asset to this community. We have been in this community for over 30 years now. And despite our size, which I know was mentioned, you know, every non-profit operates within a hair's breadth of a balanced budget. We are no stranger to having to be nimble to that. We didn't get to where we are without being nimble. We have a dedicated group of fundraisers that work very long hours, especially during season, to seek fund from various diverse revenue streams. But to Commissioner LoCastro's point, you know, we do feel that this partnership yields really strong and tangible results. So as we think about the community and the many priorities that are needed to keep it such a vibrant place to live and visit, we know how much you have to review. We are really grateful for your thoughtful consideration to award funds to these organizations who are dedicated to serving our shared community. Thank you so much. MR. MILLER: Your next speaker is Jonathan Foerster. He'll be followed by Melanie -- is this Kalnins? MS. KALNINS: Sure. That sounds right. MR. MILLER: Thank you. COMMISSIONER KOWAL: You know how I feel. MR. FOERSTER: All right. For the record, Jonathan Page 208 of 5419 September 24,2024 Page 194 Foerster. I'm the CEO of the Golisano Children's Museum of Naples. And before I start, I want to say thank you to the Commission and the county for its years of support. I know that that's one of the concerns that we have here. So there's a couple points I'd like to just go over that Commissioner Hall and Commissioner LoCastro made earlier. The first is revenue streams, right? I make $8 per person that visits my museum. It costs me $17 to keep it open. So I've got to make up that money in a lot of different ways, right? And I've gotta write grants. I've got to ask people for money. I've gotta hope that they see the value in what we're doing just like I hope you see the value in what we're doing. And I think that's our biggest -- the thing that we offer as nonprofits is that we have to provide value, or we go out of business. We can't -- we're not here by someone's -- perhaps there are museums in the world with a wonderful benefactor who gives them all their money and says, "Go forth and do whatever the heck you want. We don't care." We have -- we have to be responsive to our community. We have to do the things that our community wants to see. And one of the things they want to see are the travel exhibits that you-all help support. We bring in exhibits from outside museums, as per the grant proposal, and we do that so that there are more people that want to come to our community. We spend money advertising in Miami. Why am I advertising in Miami except for that it's part of the TDC process? And the hope is that there are some folks that are visiting in Miami that see our ad about what we're doing, and they bring their kids, and then they stay and have dinner, they get a hotel room, they stay for a couple days. They stay longer because of arts and culture. The second thing is the transparency part of it. I think Commissioner LoCastro brought up, have you guys tried to get Page 209 of 5419 September 24,2024 Page 195 money from our esteemed Clerk of Courts, Ms. Kinzel? It's a real hard process. By default, right? It's really hard. I have to print out the bank statement, I have to print out the thing for my -- that my accountant said paid it. I have to give them a copy of the check and the purchase order all for each individual expenditure that we come through to get that money. So we're -- we are beyond transparent to the point of paper-thin see-through. It's an impressive amount of work that we have to do in order to get these funds. So I do appreciate the rules that are required to do that, because we want to spend your money well, and we want you to know that we're spending your money well. I don't ever want that to change. I want to jump through all of those hoops because I want you guys to feel confident that however I spent that money and however my colleagues spent that money, we did it above board, and we did it the right way. And the last thing is about people not necessarily coming for the arts themselves. There is probably no good way to say that specifically. But what we can say is they stay longer. They spend more money in the hotels because they stay five days instead of three days. They stay a week instead of five days. They stay a month in an Airbnb, and they pay those taxes so -- because they have so many different things that they can do with their families, so many different things that they can do for themselves to enrich their lives. And, yeah, we get to spend, as Commissioner Kowal said, some other people's money to enrich our community. It's a privilege to be able to figure out how to use those funds as best we possibly can, but we get to make Collier County a better place thanks to the people that have come spent their money here. And so I appreciate all you guys do. Thank you very much. MR. MILLER: Your next speaker is Melanie Kalnins. She'll Page 210 of 5419 September 24,2024 Page 196 be followed on Zoom by Susan Suarez. MS. KALNINS: Thank you so much. Yeah, Melanie Kalnins. I'm the recent executive director of Opera Naples. I joined a month ago. Very excited to be in this position. I thought I would first start out with just sharing a little bit of my own personal experience from before I moved here to Naples, as well as giving you a little bit of more Opera Naples perspective. So I moved from Chicago three years ago. My husband and I moved down here with our family. The whole reason we initially started vacationing down in Naples was because the Chicago Symphony Orchestra played at Artis-Naples, and so we started coming down here. And when we came down here, where did we stay? The old Trianon, the Inn on Fifth, LaPlaya, the Ritz. Where did we dine? Campiello, BALEEN, Hob Nob on Fifth Avenue. So we actively were participating kind of in this tourist activity that we're all talking about today. So when we got down here, we started to learn about how there were all of these other incredible orchestras from around the world that would come and tour down here. So we thought, "Gosh, wow. We're from Chicago." You know, we're used to huge culture sophistication, and the fact that these orchestras are performing down here -- but then we started to get to know more about the local arts scene and how totally culturally vibrant it was. So, of course, my husband also had a business interest in moving down here, but certainly, a big part of the driver for us deciding to move down here was the fact that even though Naples is not huge, we have an incredible culture community. So that was just a driver that I wanted to share with you as it relates to my own personal experience. But I also want to talk about Opera Naples specifically. So as many of you have heard, the Luciano Pavarotti Foundation is very Page 211 of 5419 September 24,2024 Page 197 excited about partnering with us. They continue to expand their partnership with us every year. And you are probably also aware that the Luciano Pavarotti Foundation is looking to buy a 17-acre piece of county land to continue to grow and expand its presence down here with a beautiful opera house and a beautiful museum. I think the fact that Nicoletta Pavarotti, the widow of the legendary Italian tenor sees this town for its cultural excellence and wants to build this here speaks to the fact that we, even on an international level, have great cultural significance. So I think -- you know, we've talked about a myriad of different survey results that absolutely speak to the fact that we have hard data that shows that hotel activity, restaurant activity absolutely is linked to cultural engagement, but I think we can also see from my own personal anecdotes that, you know, so much of the brand of this town is not just the fact that we are an upscale beach and golf town, but we really do have a great cultural community as well. Thank you. CHAIRMAN HALL: Thank you. MR. MILLER: Mr. Chair, our final speaker is on Zoom, Susan Suarez. Susan, wow, I see you've already unmuted. Please go ahead. MS. SUAREZ: Thank you. I'm Susan Suarez, and I'm president and CEO of the Holocaust Museum and Cohen Education Center here in Naples. To reiterate, every dollar invested in the arts generates several times that amount in economic impact. Funding of the arts, the museums, is not just a cultural endeavor but an economic strategy as well. The economic impact of the arts on our local community is substantial, influencing employment, revenue, tourism, community development, and investment. It's a multifaceted relationship that Page 212 of 5419 September 24,2024 Page 198 benefits not just artists and museums, but the community as a whole. Our education program at the Holocaust Museum also benefits our local students and teachers with field trips and in-school programs. Each year our operating expenses on salaries, printing, supplies, utilities, insurance, all goes back into this community. Tourist are drawn by exhibitions, performances, and festivals and, as you heard, they spend money not just on the arts but also on accommodations, dining, and retail. And this ripple effect benefits a wide range of local businesses from hotels to restaurants to shops. This county funding for marketing helps to leverage on our small advertising budget to reach both tourists and locals. The arts aren't just good for the soul. They're good for the wallet, too. Thank you so much for your support. MR. MILLER: And that was your final speaker on this item. CHAIRMAN HALL: Good. COMMISSIONER LoCASTRO: Jay, do you have anything else to add? MR. TUSA: I'll just make one comment. There's a trend in the United States. It's called "passion travel," and it's what motivates people to travel to go places. And I'm sure everyone's familiar with Taylor Swift, right? And, you know, it's something that I need to say. It's kind of amusing, but I mean, people are planning their whole vacations on going to see Taylor Swift abroad. I mean, they'll plan a European vacation to go see Taylor Swift in Paris or in Roam or wherever. And so it's really interesting that people are letting that form their plans based on their passions. And so -- and that resonates with people from a food perspective with restaurants and with sporting events. You know, people, you know, going with their buddies to see a college football game or professional soccer team. You know, Page 213 of 5419 September 24,2024 Page 199 so passion travel is a real thing in the United States. And so people do travel for the arts, for food, for culinary experiences. So I think that with us being able to support these organizations, it does support tourism and then, ultimately, it does support, you know, our residents from a cultural perspective, so... COMMISSIONER LoCASTRO: One other thing I just wanted to add as -- and like you said, maybe you can count noses, but our libraries aren't cash cows but, you know, we're not closing the doors on them because they can't self-sustain. And I look at the arts as similar to what libraries bring into a community and with that. But I think this has been a really good, healthy discussion. I mean, I welcome it. And one of the reasons why, when I was chair, I made the motion that I thought the outgoing chair should immediately become the TDC chair because, you know, when you're sitting in this seat here, you actually do have a little bit of a deeper dive with the staff. You know, there's responsibilities in this job, and I just thought that the TDC chair shouldn't be just the same person over and over again. It was like the Supreme Court, "Till death do you part;" that I thought that the most experienced and prepared person, which I feel is the person who's exiting this seat after a year, would be a very valuable, you know, TDC chair next, and that we would all get a chance, and we'd rotate. Because I remember being the chair of the Affordable Housing Advisory Committee, and when I re-upped for a second year, I remember shortly after that I thought, gosh, what a -- how much I'm learning about affordable housing, but if I stay in this job year after year, my colleagues don't get, you know, that sort of benefit, and maybe their perspective would change a little bit. But, you know, having said that, I've learned a lot in a short time. I'm not sitting here saying give out free money and all this. I like the way the trend is going to make folks earn it and also measure Page 214 of 5419 September 24,2024 Page 200 it. The new application that John worked so hard on, your team worked so hard on, like, I think, Ms. Crane or somebody said, you know, "Hey, it wasn't just writing, you know, 'We need another 50,000 like we always get'." So I think we are heading in that direction. And, you know, if this type of money is needed for beaches or parks or some things that we're not allowed to use but maybe we address that so that we have a wider scope and we can do more with the money, I'm all for that. But having said that, I'd like to -- you know, just especially as the TDC chair, to confirm that I make a motion that we approve this list as-is, and I'm looking for a second. COMMISSIONER McDANIEL: I already did. COMMISSIONER LoCASTRO: There you go. Okay. Good discussion, though, I believe, so... COMMISSIONER McDANIEL: Just with one clarification. I was the most qualified to take the chair of the TDC, not you. COMMISSIONER LoCASTRO: Oh, Lord. CHAIRMAN HALL: Rock, paper, scissors. So I do want to get my fundamental question answered. Not today. But I'm looking forward to coming and being a part of it. I'm coming with an open mind. But when I get there, I'm going to be looking for the fundamental question of why should public monies prop you up. Tom Golisano owns the Childrens Museum. He's one of the -- he doesn't own it? MR. FOERSTER: No. He donated $5 million 15 years ago. CHAIRMAN HALL: Okay. But he's got his name on it. MR. FOERSTER: Yes. CHAIRMAN HALL: He's one of our billionaires with his name. Page 215 of 5419 September 24,2024 Page 201 So that's the fundamental question. It's not that I'm opposed to the arts. I love the arts. But fundamentally, that's the question I'm going to be looking for answers. So we have a motion. We have a second. All in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN HALL: Opposed? Me. What's next? Thank you, Jay. MR. TUSA: Thank you, Commissioners. MS. PATTERSON: Commissioners, that brings us to Item 11E. We're actually going to take Item 11E, Item 11F -- CHAIRMAN HALL: Oh, hang on just a second. Amy, we need to take a -- MS. PATTERSON: Court reporter. CHAIRMAN HALL: -- court reporter break. And it's 3:46. We'll come back at five till. (A brief recess was had from 3:46 p.m. to 3:55 p.m.) MS. PATTERSON: Chair, you have a live mic. CHAIRMAN HALL: All right. What does that bring us to? Item #11E APPROVE THE THIRD EXTENSION AND AMENDMENT TO THE SPONSORSHIP AGREEMENT BETWEEN COLLIER COUNTY AND SPIRIT PROMOTIONS FOR THE 2026-2032 U.S. OPEN PICKLEBALL CHAMPIONSHIPS FOR A TOTAL OF Page 216 of 5419 September 24,2024 Page 202 $1,050,000, APPROVE THE EXPENDITURE OF UP TO $1,000,000 FOR CAPITAL IMPROVEMENTS AT ENCP, APPROVE AN ALLOCATION OF UP TO $40,000 FOR AN INFRASTRUCTURE PROJECT STUDY, FOR A TOTAL OF $2,090,000, AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED AGREEMENT, APPROVE ANY NECESSARY BUDGET AMENDMENTS, AND MAKE A FINDING THAT THE RELATED EXPENDITURE PROMOTES TOURISM. (JAY TUSA, DIVISION DIRECTOR - TOURISM, JAMES HANRAHAN, INTERIM DIVISION DIRECTOR - PARKS & RECREATION) - MOTION TO APPROVE BY COMMISSIONER KOWAL; SECONDED BY COMMISSIONER LOCASTRO – APPROVED MS. PATTERSON: That is going to bring us to Item 11E, which we are going to hear together with Item 11F and Item 11G, as these all relate to pickleball. So if it's all right with you, I'll read the three in, and then we have just some brief comments, and then we'll go from there. CHAIRMAN HALL: Yes. MS. PATTERSON: The first, Item 11E, is a recommendation to approve the third extension and amendment to the sponsorship agreement between Collier County and Spirit Promotions for the 2026 through 2032 U.S. Pickleball Championships for a total of $1,000,050 -- $1,050,000, pardon me, approve the expenditure of up to $1 million for capital improvements at East Naples Community Park, approve an allocation of up to $40,000 for an infrastructure project study, for a total of $2,090,000, authorize the Chairman to sign the attached agreement, approve any necessary budget amendments, and make a finding that the related expenditure promotes tourism. Item 11F is a recommendation to approve and authorize the Page 217 of 5419 September 24,2024 Page 203 Chairman to execute a lease agreement between Collier County and Spirit Promotions, LLC, for the East Naples Community Park and Sugden Park for hosting the U.S. Pickleball -- U.S. Open Pickleball Championships and the U.S. Open Pickleball Academy. And Item 11G is a recommendation to approve the fourth extension and engagement to Agreement No. 17-7152, Parks and Recreation pickleball concessionaire with Pickleball Enterprises, LLC, doing business as Naples Pickleball Center, to provide a five-year extension through 2032, clarify agreement terms including public use of courts, maintenance responsibilities, and utility costs, and authorize the Chairman to sign the attached amendment. Mr. James Hanrahan, your interim director of Parks and Recreation, is here to begin the presentation. We also have Mr. Tusa still in the room from the tourism aspects of things, and Mr. Dee is here to talk about the private side. MR. HANRAHAN: Thank you, County Manager. Mr. Chairman, members of the Board, James Hanrahan, interim director for Collier County Parks and Recreation. I'm pleased to provide the Board with a comprehensive update on the three key agreements concerning the East Naples Community Park pickleball facilities. As the County Manager mentioned, I do have Jay Tusa, Tourism director, and Mr. Dee, executive of Pickleball for America, here. I won't go over these again, but as the County Manager mentioned, these are the three that we will be addressing, starting first with 11E, which is the TDC sponsorship approval of the third extension and amendment of the sponsorship agreement with Spirit Promotions for the years 2026 through 2023 -- 2032. As we all know, they currently have a one-year for 2025. What's greater and new about this agreement is that -- and Commissioner Hall -- Chair Hall mentioned it earlier -- declining Page 218 of 5419 September 24,2024 Page 204 sponsorship payments beginning with 345,000 in 2025 to 300,000 in 2026 and declining by 50,000 per year, phasing out in 2032. Fifty/fifty shared funding for the construction of a waterproof canopy and a public address system at an estimated cost of two million. Spirit Promotions' commitment of one million, county commitment of one million from TDT sources. Allocation of 40,000 in TDT funding for the required infrastructure project study requires a supermajority vote. And if you look at the top picture, it would be the white canopy that would also be waterproof. Currently, the blue canopy we have is not waterproof. Going on to 11F, the lease agreement for Spirit Promotions for the U.S. Open Pickleball Championships. The highlighted details are the lease covers the entire East Naples Community Park championship, which includes the welcome center, all open spaces, indoor spaces, pickleball courts, designated parking areas, plus Sugden for parking. East Naples, we would receive 56,000 for rent, and Sugden would receive 8,400 during the time, both with a 2.5 annual escalation. Spirit Promotions gets year-round access to a small office and storage area in the welcome center. And then now for the pickleball academy. Six to 12 courts for the U.S. Pickleball Academy with an annual rent of 21,000, plus a 2.5 annual escalation, as well as 5 percent of the gross revenue paid to the county. The county will continue to maintain the public restrooms as we already have contracted during the U.S. Open -- except during the U.S. Open where they do it the entire time. They pay for all of the cleaning service system. Spirit Promotions is responsible for the cleaning and the Page 219 of 5419 September 24,2024 Page 205 maintenance of the East Naples premises and Sugden Park restrooms during the U.S. Open Championship as well as maintenance of the pickleball courts, nets, wind screens, fences, and courts resurfacing for the championship and the academy courts. And for 11G, which is the fourth amendment extension of the concessionaire agreement, it would extend to five years, which would match the other two agreements, to 2032, enhancement of service levels to include expanded youth programs, better league and instructions, food and beverage, including beer, seltzer, and wine; $50,000 paid in utility consideration over the next three years, and 30,000 per year thereafter. Currently, we received 100 -- we received $100 per month, so for a total of $1,200 a year. A considerable increase. Concessionaire responsible for maintenance of nets, wind screens, court resurfacing, for an estimated savings of $600,000, and greater number of courts six to nine, and hours of public access. Currently it is 12 to 5. The amendment allows from 12 p.m. to 10 p.m. on what we're calling the P9 courts, the public use courts. And that is the presentation. Like I mentioned, I have Mr. Tusa and Mr. Dee here if you guys have any additional questions. CHAIRMAN HALL: They're not going to help you. MR. HANRAHAN: They promised they would, sir. CHAIRMAN HALL: Commissioner McDaniel. COMMISSIONER McDANIEL: Yeah. One quick question. Go to the last slide, please. This was -- this was a slide before. The one before we were talking about the utility bills. MR. HANRAHAN: Okay. Point 3 on this one? COMMISSIONER McDANIEL: No, that's the net concessionaire -- oh, yes. What are the utility bills? Do you have them segregated? Do you know what the expenses associate with that is? Page 220 of 5419 September 24,2024 Page 206 MR. HANRAHAN: We are working on -- so the short answer is no, but we're working on getting a separate meter for the welcome center. So when the original contract was created, we did not have the welcome center. So when I took over, I started looking at that as well. And we worked with OVS and OMB to see. We're estimating around -- with the addition of the welcome center, between 25- to $30,000 additional per year. So that's where the 30,000 came, that once we -- you know, 5,000, then 15,000, and then 30,000 for thereafter. COMMISSIONER McDANIEL: Okay. Very good. CHAIRMAN HALL: We have public comment. MR. MILLER: Yes, we do, sir. We have three registered public speakers. Your first is Nannette Staropoli, and she will be followed by Paige Rhodes. MS. STARTOPOLI: Good afternoon. Thank you for allowing me the chance to talk about pickleball. So I've been a resident for 30 years, starting in Lee County, and now I live right around the corner from the courts. I'm extremely involved in our community. I work here, I play here, and I've sat on many of our boards. Many years ago, when I was little, I started playing tennis -- and I don't know why my voice is crackling, but it is. And 10 years ago, I started pickleball, thanks to my father. So I'm at those courts morning, noon, sometimes at night, in between my jobs, of course. I've worked with everyone at that court from Jim Ludwig -- I don't know where Mike Dee went -- oh, there he is -- Mike Dee, Chris, and Terri. So I've seen what's happened over the years at the courts. I've worked with them operationally. I've watched the growth. I've played in the U.S. Open. I've worked with them. And what I can say with great confidence is I'm excited to be part of their team. Page 221 of 5419 September 24,2024 Page 207 I'm a consultant for the new group, and I've worked with all the old group, and these guys really do get it. And I'm very excited to be part of it. I'm excited what it does to our town, I'm excited what it does for tourism, and I'm cited excited what it does for Collier County. That's all I have to say. COMMISSIONER McDANIEL: Thank you. MS. STARTOPOLI: Thank you for your time. MR. MILLER: Your next speaker is Paige Rhodes, and she will be followed by Vincent Keeys. MS. RHODES: Good afternoon, Commissioners. Thank you for this opportunity -- MR. MILLER: Could you pull that mic a little closer to you? MS. RHODES: -- to speak with you today. Sorry, usually people can hear me. I am Paige Rhodes, the director of sales at the Edgewater Beach Hotel and the Capri Inn. As a representative of the hospitality community, I ask that you support today's agenda item concerning the extension of the U.S. Open Pickleball Championship through 2032. This event brings increased visitors to our hotels during a time that we historically see a slowdown after Easter. We have seen the positive impacts of this event and have seen increased occupancy year over year during the championship dates. The addition of the waterproof canopy is essential to the continued success of the event and will allow residents and visitors to enjoy it as well. I am excited to see the launch with the pickleball academy and think this will be a positive addition for our residents as well as attract more guests to our hotels during these times. Having lived in Collier County for over 50 years, I have seen much growth in the area. I understand that some may not want the Page 222 of 5419 September 24,2024 Page 208 growth, but I'm not sure that is something that government can control or regulate. Instead, the county should look for ways to bring in the growth that best aligns with residents. By entering into this public/private citizen venture, the onus of cost is shared, making it attractive to residents. Thank you for your time. CHAIRMAN HALL: Thank you. MR. MILLER: Your final speaker on this item is Vincent Keeys. COMMISSIONER LoCASTRO: Vincent Keeys, pickleball player? COMMISSIONER McDANIEL: Yeah. COMMISSIONER LoCASTRO: Did I not know that? CHAIRMAN HALL: Extraordinary. COMMISSIONER LoCASTRO: Am I about to hear something that I've never heard before? MR. KEEYS: I've got a different hat on today, gentlemen. COMMISSIONER LoCASTRO: What the heck? MR. KEEYS: So let me say it is a pleasure to be with you once again. Vincent Keeys, the NAACP president of Collier County. And as you guys know -- this is a lot of territory to cover. And so believe me, Chairman Hall, Board members, it's a pleasure to be back with you today to talk to you about the team. We only brought three of us. But one, two, three, we're hoping to get on base, and I'm just asking you guys to please support this. We always try and come to you with all of the bases covered and money brought to the table. So this private -- COMMISSIONER McDANIEL: Public. CHAIRMAN HALL: Public partnership. MR. KEEYS: -- public partnership that we're asking of you I believe would do very good for Collier County. Page 223 of 5419 September 24,2024 Page 209 And as you very well know, I wouldn't stand in if it wasn't good for us all. And so I'm here today to lend a moment. We have been with the pickleball operation, I don't know, Jim, for some years now -- MR. LUDWIG: About seven. MR. KEEYS: Yes, Indeed. And so it has been a pleasure to serve. We love serving this community, and we want to continue to do that with you. So thank you for hearing me today. CHAIRMAN HALL: Thanks. MR. MILLER: That was our final speaker. CHAIRMAN HALL: Commissioner Kowal. COMMISSIONER KOWAL: Thank you, Chairman. Well, you know, this is -- East Naples Community Park and the pickleball center itself falls within my district. And in the last two years I've been a county commissioner, I've had the opportunity to attend, the first year I was here, to the event and then the second one. And seeing -- after Mr. Dee and his organization took over the second one and the amount of people that just -- just the U.S. Open itself was, like -- I want to say, like, 44-, 43,000 people came for that event just over those few days. It was pretty impressive. It was a pretty -- it was -- you know, it was just amazing how everything just went off like clockwork. I mean, seeing all the courts going, the people and scheduling, going where they had to go and being there on time and getting the games done and getting the people to the point where they all got their championship games. But this is more than just, you know, that particular few days that we have the event, because if you notice around the country, people were seeing what we're doing, and they're trying to -- they're trying to imitate it. I mean, if you just go on our eastern neighbors here in Broward Page 224 of 5419 September 24,2024 Page 210 County, what they just built -- they actually built a stadium around their -- their particular -- I guess their championship court. But they have about 39, 40 courts or something. Not quite as many as we do, but that was pretty impressive seeing the actual stadium built around the championship court, because they want to get in on this game, I think. They're seeing -- they're seeing the writing on the wall, and pickleball is the future sport that everybody can participate in no matter what your age group is. And, you know, I think -- and I want to remain the question on Jeopardy that I saw a few weeks ago, the pickleball capital of the world, and the answer was "What is Naples, Florida?" And I don't want Broward or whoever else down the road, Hollywood, to ever pop up on the Jeopardy board in the future. COMMISSIONER LoCASTRO: I thought the question was, "Who approved the mural?" Wasn't that the question? No, that was different. COMMISSIONER KOWAL: No. I'll get into that at the end of the meeting. CHAIRMAN HALL: That's on the Daily Double. COMMISSIONER KOWAL: But -- COMMISSIONER LoCASTRO: Who is Dan Kowal? COMMISSIONER KOWAL: No, I think this is just -- and Mr. Dee, we gave you a year the last time you came before us. You got a year, you know. You asked for five, I think, back then, and we said, "You've got a year to come back and prove to us that you're not one of the ones that are just going to keep putting your hand out." And when I saw what you put together and what you're doing, I said, you know, "You definitely are moving in the right direction." I think this board wants everybody to start looking at the model that you're doing to do this project and keep this going. And I like the fact that the -- you are still keeping the services to Page 225 of 5419 September 24,2024 Page 211 the public, you know, because this is a community park. I mean, it started out as a -- it wasn't much of a community park back in the day, but, you know, we had our skateboard ramps. We'd have our volunteers come out once in a while, repaint them at the end of the year, and that was about it. But it's completely different than it was 20-something years ago, that's for sure. It's definitely a jewel in District 4. And, yeah, I totally support, you know, supporting you guys in this public partnership -- private/public partnership and keeping us moving in the right direction I believe it needs to be going. So I'm totally supportive. CHAIRMAN HALL: Commissioner LoCastro. COMMISSIONER LoCASTRO: Thank you, Chairman. I think the motion is Commissioner Kowal's to make since it's in his district, but -- even though this is, like, one of those entities that really is countywide, similar to, like, the Paradise Coast Sports Complex and some other big things, but -- so I'm not going to make a motion. But I just wanted to add, the county always has an out. So even, you know, at times we've been tentative of approving things that are multiple years because it's like, "Oh, what if they don't keep up their end of the bargain?" And as our County Attorney always, you know, astutely reminds us, there's always fine print in there that if we feel like things are going south, we don't have to sit here and keep writing checks. But, you know, one of the things I wanted to just say is how much shoe leather you've burned in this building meeting with all of us, which is what we ask -- we ask of all of our contractors. Hey, if you're unhappy and we're unhappy, how come we're not hearing from you? How come you're not coming proactively, you know, into our offices and showing us ideas and things? Page 226 of 5419 September 24,2024 Page 212 And also, too, it's that attitude that shows what kind of leader you are, or your organization and, you know, are we going to be -- are you someone that we're proud to work with? And I just have to tell you, Mike, that, you know, the time that I've spent with you, you know, just your energy, your excitement, people that have spoken on your behalf, I mean, we need more of that in some of our partners, you know, in the county. Don't take this as, you know, a rubber stamp and -- because we're going to be watching closely. One of the things you and I talked about is similar to what we just said a little while ago at the TDC. I want to see you guys earning your keep, weaning yourself off of, you know, the county writing checks and things like that. There's quite a bit of tax dollars we put into this facility that, you know, maybe, I will say that I even regret now that I think that, you know, your predecessors maybe could have ponied up a little bit more, but that's ancient history. But every question that I asked you of concerns that I had, I really liked your answers, and I think, you know, this -- and it's similar to the -- to the FC Naples. You know, when we sit down with their leadership team, they get it and that we want to work together. But, you know, we want you to not have to lean on the county, you know, so much and the taxpayers and -- and to still have this be a shining star. So I just want to say I've been extremely impressed and appreciative of the time that you've spent and the questions that you've answered that I had. And I was very impressed, you know, with everything. So I support this 110 percent. MR. DEE: Thank you. CHAIRMAN HALL: So this is one of those deals that I'm super proud to be a part of. This is a private/public partnership, and Mike gets it. I mean, he's phasing himself out. In the first -- in the Page 227 of 5419 September 24,2024 Page 213 third extension, all he wants to do -- he wants to extend his U.S. Open Pickleball Championships for seven years. That's the perfect amount of time. It's running well now. It will be a well-oiled machine by then. I saw the excitement. I saw the professionalism. I saw the planning. I saw how things moved effortlessly at the championship this year. And pickleball is here. It's not going anywhere. It's not a fad. And I've got people from Brownwood, Texas, where my boys are. They're like, "Dude, you're in Naples. You're the pickleball championship of the world." We just -- "We're playing pickleball here." If they're playing pickleball in Brownwood, Texas, they're playing pickleball everywhere. It never blows less than 25 miles an hour there, so I don't know what kind of balls they're playing with, but... But, you know, he's coming up with -- he wants us to pitch in a million dollars for a covered stadium, but they're pitching in the other million. They're partnering up with us, and they're building a county asset so that they can operate and be functional and be successful. Just the pickleball academy alone, that idea and the implementation of that, up to 10,000 extra visitors a year. That's -- that's innovative thinking. That's -- that's the kind of stuff that we're looking for with this county. The fourth extension, what we're doing, we're just -- we're just bringing that -- we're extending it three years and bringing it up to par where it's going to match the U.S. Open Pickleball Championship with that lease agreement. He's got the controlling interest now of the concessionaire. We're not going to have to worry about him paying his bills or even wondering about it. So it's responsible for all the capital maintenance. I mean, that Page 228 of 5419 September 24,2024 Page 214 takes -- that takes the light off you and your staff, and it's a big deal. And it's -- they've got the ownership. The way that those pickleball courts look and the way they feel reflects on them, and we get the benefit of it. There's a million-dollar swing in the first -- the first three years of the extension it's going to save us $400,000, and then the additional four years saves us an additional 600,000. So just with the extension, that's a million-dollar swing of savings for Collier County taxpayers. I love this deal. We got 15 percent of the proceeds, which is estimated -- I think -- what is it, half a million dollars the first year? MR. DEE: The first year step-ladders up to a half million dollars by year three. CHAIRMAN HALL: Right. So I mean, that's a win-win. So with that, any other comments? Or let's get this motion on the road. COMMISSIONER KOWAL: Should we do all -- 11E, F, and G all at one time? CHAIRMAN HALL: Correct. COMMISSIONER KOWAL: Well, I'd like to make a motion to approve 11E, 11F, and 11G the way they're written per the contract. COMMISSIONER LoCASTRO: I'll second it. CHAIRMAN HALL: Motion and seconded. All in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN HALL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN HALL: Opposed? (No response.) Page 229 of 5419 September 24,2024 Page 215 CHAIRMAN HALL: Umanimous [sic]. MR. HANRAHAN: Thank you, Commissioners. Item #11H APPROVE AN AGREEMENT FOR SALE AND PURCHASE UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM WITH MARK RADEL FOR A 1.14-ACRE PARCEL AT A COST OF $33,060 AND KAUSIL SEEPERSAD FOR A 1.14- ACRE PARCEL AT A COST OF $24,910, FOR A TOTAL COST NOT TO EXCEED $61,020 INCLUSIVE OF CLOSING COSTS - MOTION TO APPROVE BY COMMISSIONER LOCASTRO; SECONDED BY COMMISSIONER HALL – APPROVED MS. PATTERSON: Commissioners, that brings us to Item 11H, formerly 16A2. This is a recommendation to approve an agreement for sale and purchase under the Conservation Collier Land Acquisition Program with Mark Radel for a 1.14-acre parcel at a cost of $33,060 and Kausil Seepersad for a 1.14-acre parcel at a cost $24,910, for a total cost not to exceed $61,020, inclusive of closing costs. This item is brought to the regular agenda at Commissioner LoCastro's request, and Ms. Jaime Cook, your director of Development Review, is here to present or answer questions. CHAIRMAN HALL: Commissioner LoCastro. COMMISSIONER LoCASTRO: Yeah. I'll just set the table a little bit. It was on the consent agenda, but we get beat up so much for what we're not doing with Conservation Collier. "Oh, you know, you've raided the fund, and, you know, you're -- there's not enough money to buy things," yet, you know, while we're defending ourselves and correcting the record and separating rumor from fact, Page 230 of 5419 September 24,2024 Page 216 we've been buying parcels, you know, left and right, and in some cases not, you know, but we've been having, you know, discussion up here. So one of the reasons why I wanted to pull it is as a good-news story and say -- unless there's a commissioner that has an issue with the parcel. I mean, if Ms. Cook wants to go through and -- you know, she already answered the questions from me, but I wanted to bring her to the podium again to send the signal to the public of how often we've been talking about Conservation Collier. Regardless of what's in the fund or not, there's enough money in the fund to buy what we need, and so just throwing more money in it just to have more money in it isn't necessarily accomplishing anything. What we're accomplishing is exactly what we're doing right now and what Ms. Cook has been leading for the last, what, eight, nine, 10 months where we've bought parcels. We've bought parcels under the appraisal price, which is a first as well. We talk about saving a little bit of money here and there. You know, that few percent here, a few percent there, it all adds up. So I didn't know if you wanted to, you know, give an overview of this particular parcel, but I wanted to pull it just so it doesn't get sort of lost in the weeds. You know, anything Conservation Collier just doesn't get lost in the weeds and we're not hearing about it. MS. COOK: Sure. I'm happy to go through the presentation if you'd all like me to do so. CHAIRMAN HALL: I don't know that that's necessary, but I do want to make another comment on -- based on what Commissioner LoCastro just said. We are buying these little parcels and these little pieces as infills for the larger picture. And because we're buying so many of them, we're establishing our own market. We are the comparable sales for some of these -- for some of these parcels. Page 231 of 5419 September 24,2024 Page 217 I would like to see us start making -- see what happens if we make an offer at 50 percent on the dollar and see what happens, because I don't think that you're going to find that anybody else -- there's no other buyers. And we would be able to purchase just as many parcels at half the price and stretch those dollars even further. I'm not saying I want to say make that, you know, like -- do that like a directive, but I would be very interested in knowing and see what happens if we -- if we did that, or at least what -- the appraisal price less the mitigation cost on these wetlands, you know, where there's really no other choice. And if we're going buy them, I'd be happy -- I'd just be interested in seeing what happens. And if it works, great. And if it doesn't, we can always say 10 percent below appraisal. COMMISSIONER LoCASTRO: I mean, if there's no other questions, I wanted to make a motion to approve the purchase of these parcels. And I'm also for anything that could save us money on parcels, you know. The big point I had made previously is when a parcel's sitting next to somebody's $10 million home and they own that empty parcel, I'll be damned if I'm going to pay a -- have taxpayers pay appraisal value so that this person, in perpetuity, can get a nature preserve next to their house, and they'll never have a neighbor. That has value. And what we have found is some people have taken us up on less than appraisal value. And even if we could go deeper -- and, like Commissioner Hall said, you make an offer. Alls they can say is no. We can always counter. But I like the direction that it's going. But I'll make a motion to approve purchase of these two parcels. CHAIRMAN HALL: I'll second it. COMMISSIONER KOWAL: Can I make a comment? CHAIRMAN HALL: Yeah, go ahead. Page 232 of 5419 September 24,2024 Page 218 COMMISSIONER KOWAL: You just -- something just popped in my brain after you made those comments because -- do you have a picture of, like, how -- like, one of the particular sites that -- we have bought, like, 20 already, and there's, like, three or four in the middle, or a doughnut hole that we haven't purchased yet. MS. COOK: This is the Gore Preserve. COMMISSIONER KOWAL: Okay. So all the green we already own, right? MS. COOK: Correct, yes. The green we own, the blue are under contract, so we will own those shortly, and the yellow have accepted agreement -- have accepted offers. COMMISSIONER KOWAL: What -- I understand what Commissioner Hall's saying, because now if you look at the -- look at the picture now, the only people we're competing against is ourself, what we're already paying for these lots. CHAIRMAN HALL: Exactly. COMMISSIONER KOWAL: So we're doing a valued estimate of the property on what we paid for the lot we paid last time for, right, because you do comparables to what sells in the area? MS. COOK: They do do comparables, yes. COMMISSIONER KOWAL: Yeah. And that's how they find the estimated value. So in reality, they're only comparing the money we already spent on all the lots around it. MS. COOK: Typically, the appraised -- COMMISSIONER KOWAL: We're only competing against ourself when we talk about this money. I mean -- CHAIRMAN HALL: That's exactly right. COMMISSIONER KOWAL: Yeah. Interesting. MS. COOK: Typically, the appraisals that are done for these multi-parcel projects are not -- they don't compare to Conservation Collier lots. They compare to other lots that have been sold. Page 233 of 5419 September 24,2024 Page 219 COMMISSIONER KOWAL: But we've bought all the lots around it. MS. COOK: Anything in -- anything in -- COMMISSIONER KOWAL: Or they can go out of the area and compare a lot. MS. COOK: Anything in this, like, light blue area we do not own. COMMISSIONER KOWAL: Okay. Those are sold, though? MS. COOK: Someone owns them. Conservation Collier does not. But if they've sold recently, those are typically the ones that, when they do the annual appraisals, those sales are compared, not Conservation-Collier-bought properties -- COMMISSIONER KOWAL: All right. MS. COOK: -- if that makes sense. COMMISSIONER KOWAL: Yeah. I'm just trying to make sure that they're not -- because that's a big difference because if they're actually buying these ones within the -- the target area, we'll never own them. MS. COOK: People have bought them. Some may decide they don't want to build on them, some may decide they don't want to pay the mitigation to build on them, so then they look to sell them again. But there have been some for sale. Some have bought them -- some have built. Some have not. CHAIRMAN HALL: Commissioner McDaniel. COMMISSIONER KOWAL: I was going to say, because the only thing you really go on -- typically, on most of these lots, they were probably purchased 20, 30 years ago for fractions of what we're saying they're appraised for now. And then when we're comparing the prices, what we paid for the ones around the ones we're trying to buy in the middle of the doughnut hole, you're saying we don't use anything in the comparison. We use some other person that bought Page 234 of 5419 September 24,2024 Page 220 property in the same general area? MS. COOK: Correct, yes. COMMISSIONER KOWAL: Okay. CHAIRMAN HALL: Commissioner McDaniel. COMMISSIONER McDANIEL: The caution that I'm going to offer up is, with love, don't get greedy when we're making these acquisitions and moving to a fixed 50 percent of the value. I like the idea and the rationale of estimation of the mitigation cost for a person to be able to build a home on one of these lots, but remember that that's -- that's pretty much the only deficiency or reduction in the value of a piece of property is the associated mitigation that would come along to be able to develop on this. So I -- and I wasn't being disrespectful when I said, "Don't be greedy," but just moving to a 50 percent of the value can stimy an enormous amount of work that's already been done by our staff. CHAIRMAN HALL: It wasn't meant as an overall directive. COMMISSIONER McDANIEL: Okay. CHAIRMAN HALL: Just take some of this stuff that's solid wetlands that there is no market for. Throw out there 50 cent on the dollar. See what happens. You look scared when I say that. MS. COOK: I'm not scared. CHAIRMAN HALL: Okay. MS. COOK: I don't scare easily, sir. CHAIRMAN HALL: Don't. Don't be. COMMISSIONER McDANIEL: She gets to do what she gets to do no matter what we do, whether we buy it or whether we don't. It's just -- my statement just had to do with the fact that we just don't want to get in -- we don't want to get -- we don't want to get greedy with regard -- we've already done really good things already in reducing what we're, in fact, paying now. Keep up the good work. Page 235 of 5419 September 24,2024 Page 221 CHAIRMAN HALL: Right. MS. COOK: Thank you. CHAIRMAN HALL: Commissioner Saunders. COMMISSIONER SAUNDERS: Thank you. How many years have we been buying conservation lands in this particular location, in the Gore area? MS. COOK: Since 2018. COMMISSIONER SAUNDERS: Okay. So for six years we've been buying parcels. How much has the price gone up since you started, you know, the first parcels you bought in 2018 -- is that what you said -- MS. COOK: Yes. COMMISSIONER SAUNDERS: -- compared to today? MS. COOK: The first parcels in Gore, I believe it was about 111 -- 170 acres that was bought, so it was several million dollars back then. COMMISSIONER SAUNDERS: No. I'm talking about the individual lots that you were buying per -- MS. COOK: They've actually -- they've actually decreased. COMMISSIONER SAUNDERS: Okay. So we're not really bidding against ourselves right now. The prices have actually been going down? MS. COOK: Correct. COMMISSIONER SAUNDERS: I was just curious about how -- if you paid, you know, $20,000 for an acre six years ago and you're paying $100,000 an acre now, then obviously something's going wrong. But you're saying the prices have actually started to go down a little bit? MS. COOK: Correct, yeah. So in their multi-parcel projects, we do two appraisals, and then our appraised value is the average of the two. I believe some of the Page 236 of 5419 September 24,2024 Page 222 older ones I saw for the wetland properties, it was closer to 25-, 26,000 per acre. Right now it's about 23,5- per acre, so it is going down slightly. COMMISSIONER SAUNDERS: Thank you. CHAIRMAN HALL: Commissioner Kowal. COMMISSIONER KOWAL: Thank you, Chairman. So that's interesting, because we always have people come to the podium telling us that property values are going up every year, and we need more money in the account to purchase properties. In reality, in the last six year they've been going down because -- are we creating that artificially because we're buying up the property in these particular target areas and they're seeing that there's no value for somebody else to come in and try and build a home in the middle of nowhere, basically? MS. COOK: It could be, but I'm not exactly sure the reason that it's going down. COMMISSIONER KOWAL: That's just interesting. Thank you. CHAIRMAN HALL: So we have a motion. COMMISSIONER LoCASTRO: I made a motion. Did any -- COMMISSIONER McDANIEL: Second. COMMISSIONER LoCASTRO: Motion and a second. CHAIRMAN HALL: All in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN HALL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. MS. COOK: Thank you. Item #11I Page 237 of 5419 September 24,2024 Page 223 APPROVE AND AUTHORIZE THE CHAIRMAN TO SIGN A LOW INCOME POOL LETTER OF AGREEMENT WITH THE AGENCY FOR HEALTH CARE ADMINISTRATION IN THE AMOUNT NOT TO EXCEED $1,719,499.44, TO PARTICIPATE IN THE MEDICAID CENTRAL RECEIVING FACILITY LOW INCOME POOL PROGRAM, GENERATING $2,295,209 IN FEDERAL MATCHING FUNDS FOR THE BENEFIT OF DAVID LAWRENCE MENTAL HEALTH CENTER TO ASSIST IN MEETING THE STATE REQUIRED MATCH OBLIGATION, AND AUTHORIZE NECESSARY BUDGET AMENDMENTS TO THE FY25 BUDGET IN THE AMOUNT $303,999.44. (FISCAL IMPACT $1,719,499.44 - MOTION TO APPROVE THE FUNDING AT WHAT WE HAVE BUDGETED FOR, $1.5 MILLION BY COMMISSIONER HALL, MOTION FAILED WITH NO SECOND - MOTION TO APPROVE THE REQUESTED AMOUNT BY COMMISSIONER SAUNDERS; SECONDED BY COMMISSIONER LOCASTRO – APPROVED (COMMISSIONER HALL OPPOSED) MS. PATTERSON: Commissioners, that brings us to Item 11I, which is formerly 16D5. This is a recommendation to approve and authorize the Chairman to sign a Low Income Pool letter of agreement with the Agency for Healthcare Administration in the amount not to exceed $1,719,499.44 to participate in the Medicaid Central Receiving Facility Low Income Pool program generating $2,295,209 in federal matching funds for the benefit of David Lawrence Mental Health Center to assist in meeting the state-required match obligation, and authorize necessary budget amendments to the FY '25 budget in the amount of $303,999.44. This item was brought to the regular agenda by Commissioner Hall, and Mr. Kristi Sonntag, your director of Community and Page 238 of 5419 September 24,2024 Page 224 Human Services -- oh, I got it right -- is here to answer questions or present. MS. SONNTAG: Commissioners -- CHAIRMAN HALL: Let me go. I brought this forward. I just didn't want to just rubber stamp this on the consent without some discussion. And the reason I did is, there again, we've all promised to do the hard work and make the harder decisions. And we're not talking about TDT money. We're talking about -- we're talking about tax money now, General Fund money. And I'm all about supporting mental health and supporting addictive behavior. I'm all about that. But as far as being a public steward of money, I wanted to bring this back and talk about it. Last year we had surtax money that we gave them 25 to 30 million to build the central receiving facility. I personally don't know where we are in the process with that right now. We were also presented with furniture, fixtures, and equipment of a shortage of four million, and I don't know where we're at with that right now either. That was a deficit for operations. And I said at the time that they needed to figure that out. Well, this proposal -- this agenda item says we want to give them 100 -- or $1.7 million so that they can get some federal grant money to match, and by state statute, we're allowed to give them that money as a -- as raising local money, but I don't necessarily see where the taxpayers of Collier County have to be the hole local money. And I'm willing to give what's fair, and if we determine it's 1.7 million, so be it. But I wanted to bring this up and talk about it before we just rubber stamped it as this is just something good to do and, you know, they're expecting it. And I hope you hear my heart, Scott, about this. And so I welcome the discussion. Page 239 of 5419 September 24,2024 Page 225 Commissioner McDaniel. COMMISSIONER McDANIEL: On that note, my understanding is that this is a contribution that we make to DLC in order to allow them to qualify for the funding from the feds and the state with regard to the Medicaid care and, necessarily, it's something we have to do. After we're done with this agenda item with regard to DLC, under commissioner comments we're going to have a discussion about the other items that you -- that you broached with regard to the construction of the facility and the FF&E and ongoing operations. So let's -- if you want to have a presentation on this, or you want a motion on this for -- CHAIRMAN HALL: No. I just wanted -- I wanted the discussion. And basically, my whole point was, why do the taxpayers have to qualify as the local contribution for the match? MS. PATTERSON: Ms. Sonntag can answer that question for you, and also, we do need to point you to the fact that there was an amount in our budget, which Ms. Sonntag can cover, and we are looking for an additional $303,000 to balance out that funding. So, Kristi, if you want to go ahead and just walk the commissioner at least -- the commissioners through those questions. MS. SONNTAG: Sure. For the record, Kristi Sonntag, Community and Human Services director. So to answer your question, Commissioner, on local match -- I'm going to scroll to this particular slide. The Attorney General Opinion from 2011 said that local government is not, like, the sole source of match. So local can be any one of those that I've listed off to the side, which would be client fees, volunteer hours, local government, municipalities, donations in kind. So what the Florida Statute actually states is that local government is required to come up with the difference. So if -- for Page 240 of 5419 September 24,2024 Page 226 example, David Lawrence Center's match this year is 2.3 million, okay. That's what the State has said they're required to come up with. So I'm going to use a very simple math example at the bottom. So if the match is a million dollars and all those other sources in that list I provided were 470,000, you as a commission would only be responsible for 530-. So hopefully that answers your question about local match and what local match is. CHAIRMAN HALL: So are there any other -- other sources toward the match that we would have to fill the difference of, or are you saying the difference is the 303,000? MS. SONNTAG: No. Currently, David Lawrence Center's required match is 2.3 million. So the General Fund budget that you have in the anticipated Fiscal Year '25, you've allocated 1.4 million in General Fund, and then you have 522,000 in a separate agreement with opioid settlement, and those are not state dollars. Opioid dollars, you know, come from the pharmaceuticals. So if we combine that together, we get to 1.9 million. And what the David Lawrence Center is proposing is -- let me get there -- the 1.7 million generates 2.2 million from the feds, which gets them to 4 million. That 2 million is not -- it's federal money, so it can't count toward their 2 million. So right now, if you just went with the 1.4 million, you would generate 1.8 in federal match. So the David Lawrence Center would receive a check for 3.3 million, okay. But, again, if you take the 1.4, add it to the 522-, you come to 1.9, so they're a little short; however, they do have contracts with the Sheriff's Department. Those dollars, as you know, come from you, go to the Sheriff, and then back to David Lawrence. They do make up the gap. And Mr. Burgess is here if you'd like to ask him any specific questions. I have his financials from '22 which show they received Page 241 of 5419 September 24,2024 Page 227 8,000 in patient -- 8 million patient revenue. CHAIRMAN HALL: I would like to make a motion to approve the funding at the -- at what we have budgeted, at the 1.415. COMMISSIONER SAUNDERS: Mr. Chairman, can I ask a question? CHAIRMAN HALL: Yes. COMMISSIONER SAUNDERS: Because I'm supporting it at the requested 1.7. But let me ask you this: In terms of what it's actually costing Collier County to do this match, what is it actually costing us over and above what we are appropriating or others are appropriating to David Lawrence Center? What is the actual cost to the county? MS. SONNTAG: Currently, what the contract is with the David Lawrence Center would be the 1.4 million. COMMISSIONER SAUNDERS: That's what we've already contracted with them? MS. SONNTAG: Well, that's what -- today you would approve that. COMMISSIONER SAUNDERS: If this -- if we weren't talking about Low Income Pool, would we still be spending the 1.4 million? MS. SONNTAG: Well, you would be required to come up with some match by Florida Statute. So if -- David Lawrence Center, you could ask them, you know, what how much have you received from other sources? And then it would be up to you as a commission. You'd have to make up that difference. COMMISSIONER SAUNDERS: Okay. Because my understanding of the Low Income Pool is that if we're appropriating dollars for David Lawrence Center or there's other matching dollars, we simply are a conduit in order to get a federal match; that we're not actually spending local dollars over and above what we would Page 242 of 5419 September 24,2024 Page 228 normally be spending anyway. And I'm not sure if I'm clear on that question. But Mr. Burgess is sort of shaking his head. Maybe we can get some clarification. Because I understand where Commissioner Hall is coming from that, you know, we're expending all these dollars, but I think we're expending them anyway, and now we're just expending them in a way that gets a federal match. COMMISSIONER LoCASTRO: A bigger match. COMMISSIONER SAUNDERS: That we multiply those funds. MR. BURGESS: A bigger match. For the record, Scott Burgess, the CEO of the David Lawrence Centers. Thank you so much for having me here, and I'm happy to answer any questions. So I'm hoping that I can convey this. It does get a little complicated with the federal and the state rules. But to speak on a macro level first, 70 percent of the folks that come to David Lawrence Centers are underinsured or uninsured. So by the virtue of the fact that we have so many people in Collier County that are coming to us that come for care that don't have an ability to pay, we run a high amount of charity care. The Low Income Pool is a federal program to help match local dollars in order to help take care of some of that uncompensated care. At David Lawrence Center it's a significant number. Outside of Collier County revenue that you're providing, that's about 5 percent of our total budget. Ninety-five percent of our budget is non-Collier general revenue funds. So this amount that we're requesting, the 1.7 million, will allow us to be able to garner additional federal funds, and with those funds altogether, that will help us have a breakeven budget. So I hope -- I hope that helps, and if there's additional Page 243 of 5419 September 24,2024 Page 229 clarification or specific questions, I'm happy to answer those. CHAIRMAN HALL: Commissioner Kowal. COMMISSIONER KOWAL: Thank you, Chairman. The director -- MS. SONNTAG: Yes. COMMISSIONER KOWAL: You sit on the Board with us on the Public Safety Committee. MS. SONNTAG: Yes, sir. COMMISSIONER KOWAL: And I know -- I know we had -- the last particular meeting we had, we lost a grant. MS. SONNTAG: Yes, sir, we did. COMMISSIONER KOWAL: We did, right? MS. SONNTAG: Uh-huh. COMMISSIONER KOWAL: And the reason we lost the grant was because David Lawrence pulled out? Was that the language, or how did that happen; do you remember? MS. SONNTAG: It's the Criminal Justice Mental Health and Substance Abuse grant. So David Lawrence Center no longer wanted to be a partner in that grant with the Sheriff's Office, and they did pull out. They were going to be a subcontractor to the Sheriff's Office. We believe that the reason that we scored so low based on the scoring sheets was it lacked a transition to your local community mental health provider. So when we submitted our Grant application without the mental health provider, we didn't score as well, and that was for the Medication-Assisted Treatment program that's through the jail. COMMISSIONER KOWAL: The MAT program. MS. SONNTAG: Uh-huh, yep. And that -- that award was 1.2 million that no longer will come to the county. COMMISSIONER KOWAL: And -- because you want to offset. I understand the 1.4 is in there. We agreed upon that. But Page 244 of 5419 September 24,2024 Page 230 you want to offset -- to get to this 1.7 is with the 499-, which is the opioid settlement money, correct? MS. SONNTAG: No. We're asking for an increase in General Fund of 304-, give or take, 303,999.44, to be exact. So what we're doing is we're asking to get to this 1.7. Your budget has 1.4. We're asking you today for an additional 303- out of the General Fund. In addition, David Lawrence will have a contract for 522- of opioid settlement. So if you gave them the 1.7, then they also have a 500,000. So if you put it together, you're at, what, 2.2 -- 2.2 million, sorry. COMMISSIONER KOWAL: Are we going to discontinue our MAT program in the jail? MS. SONNTAG: Actually, no. We will be bringing an agreement to you for approval in the month of October for the Collier County Sheriff's Office for opioid settlement for them to continue the MAT program. So that will pay for the nursing staff. It will pay for any ancillary, you know, incidental expenses, plus the actual medication, but that's directly from the county to the Sheriff with opioid settlement. COMMISSIONER KOWAL: But we would have received the 1.1 million through the grant that -- MS. SONNTAG: Yeah, we don't receive -- we won't, yeah, uh-uh. COMMISSIONER KOWAL: Okay. CHAIRMAN HALL: Commissioner LoCastro. COMMISSIONER KOWAL: Those are the consequences. I'm comfortable with the 1.4. COMMISSIONER LoCASTRO: I fully support the 1.7, and I think actually Scott's wrong when he says that if he gets the full amount and he does all the math, he's going to break even. I think David Lawrence Center operates on a shoestring as mental health Page 245 of 5419 September 24,2024 Page 231 needs increase in this community exponentially, but we continue to squeeze and cut. And we're -- you know, they're going to come to us here in the future for wanting to build something else on their property, and, of course, a whole bunch of people aren't going to want that, and, you know, it just becomes a very, you know, challenging job, you know, that you have at DLC. I think -- I look at this as an investment so that you can get maximum dollars that I think are needed. I've been on the customer side -- I guess that's, like, the wrong term. But when I was at Physicians Regional, I mean, I had you on speed dial, and I sent you plenty of those people with no insurance, and, you know, you took them every single time. So I know how expensive it is to operate a mental health facility. I know how hard you work to get, you know, donations and other sources of income. So you're definitely not a person that comes to this meeting with your hand out and your hat out. And I think, you know, if Sheriff Rambosk was here, he would agree that this is an important investment that's maybe even -- is he in the back somewhere? Is that what you're -- MR. BURGESS: No, no. I was just saying I had a point related to that, if I might. COMMISSIONER LoCASTRO: Listen, don't cut me off. I'm saying -- I'm saying positive things for your organization. If you want to stop me... I'm just kidding. But I support the full amount because I think -- I know that it leads to you being able to go for a maximum amount, and I don't -- I don't -- the difference is significant, hundreds of thousands of dollars, but I think in the big scheme of things, your organization's already been squeezed so much. NCH no longer does mental health care, and I could go on and on of how much has been dumped on David Page 246 of 5419 September 24,2024 Page 232 Lawrence Center. I look at this and say, you know, I want you to have the full support of the county behind you at the -- at the, you know, requested amount so that then you can do your due diligence and bring back even more to provide outstanding service that is heavily tapped, you know, in this community. So I support the 1.7. CHAIRMAN HALL: Commissioner McDaniel. COMMISSIONER McDANIEL: Yes. And I agree, the increase up to the 1.7 will allow for the maximum amount from the -- from the feds from a contribution standpoint, so -- and I do as well consider it an investment in our community. I mean, we've had the Sheriff here multiple times and talked about the cost offset associated with housing care, programming, everything else along those lines. And so I support the full amount for the 1.7 request. CHAIRMAN HALL: Well, I had a motion that failed for a second. So Commissioner Saunders. COMMISSIONER SAUNDERS: I support the full amount also, the 1.7. So I'll make that motion, unless somebody already has. CHAIRMAN HALL: Go ahead. COMMISSIONER LoCASTRO: I'll second it. CHAIRMAN HALL: All right. I've got a motion and second for the 1.7. All in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN HALL: Opposed? COMMISSIONER KOWAL: Aye. CHAIRMAN HALL: Aye. Motion passed. COMMISSIONER SAUNDERS: And could you -- maybe this is for the County Attorney. Could you at some point provide me Page 247 of 5419 September 24,2024 Page 233 some information on how the Low Income Pool actually works? Because I think there's some misinformation. Either I misunderstand it or -- so... MR. KLATZKOW: I'd be happy so, sir. CHAIRMAN HALL: Thanks, Kristi. MR. BURGESS: Did you want to cover those central receiving questions now, or did you say that was for a later time? CHAIRMAN HALL: We'll do it later. COMMISSIONER McDANIEL: I'm going to bring it up under commission comments. We're going to talk about it. No more questions for you today. MR. BURGESS: Oh, okay. Thank you. Thank you so much. Item #12A RESOLUTION 2024-189: APPOINT ONE OR TWO MEMBERS TO THE COLLIER COUNTY PLANNING COMMISSION, REPRESENTING COMMISSION DISTRICTS 2 AND 4. (JEFF KLATZKOW, COUNTY ATTORNEY) - MOTION TO APPROVE THE CANDIDATE FOR DISTRICT 2 BY COMMISSIONER HALL; SECONDED BY COMMISSIONER MCDANIEL – ADOPTED - COMMISSIONER KOWAL REQUESTED ADDITIONAL TIME TO SIT AND TALK TO DISTRICT 4 CANDIDATES AND WILL HAVE HIS RECOMMENDATION AT THE NEXT MEETING MS. PATTERSON: Commissioners, that brings us to Item 12A. This is a recommendation to appoint one or two members to the Collier County Planning Commission representing Commission Districts 2 and 4. Mr. Klatzkow. Page 248 of 5419 September 24,2024 Page 234 MR. KLATZKOW: This is two open seats. There's a nomination from the Chair for his seat, and I would ask that we bifurcate this and make a motion to approve this one. Then we'll move on to District 4. CHAIRMAN HALL: I'll make a motion to approve the guy for District 2. COMMISSIONER McDANIEL: Second. CHAIRMAN HALL: We have a motion and a second to approve. What's his name -- Colucci? Whoever. I can't remember his name. COMMISSIONER McDANIEL: Colucci. CHAIRMAN HALL: Anyway. All in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN HALL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN HALL: Opposed? (No response.) CHAIRMAN HALL: Welcome aboard, sir. MR. KLATZKOW: And the second part of this is District 4, and I'll defer to the commissioner of the district. COMMISSIONER KOWAL: Yes. I asked the attorney yesterday if I can postpone this particular appointment to the next meeting because I had a few late applicants that came on that didn't have a chance to put their paperwork in the cutoff time. But, you know, if I'm going to appoint somebody, I actually want to sit down and talk to them. So I'm trying to get that done here in the next day or two, so -- and then I'll come back in -- if that's okay. COMMISSIONER McDANIEL: I'm totally fine with that. Do we need an actual continuance? Page 249 of 5419 September 24,2024 Page 235 MR. KLATZKOW: No, we do not. It's -- the way that the executive summary was structured, we could do it the way we're doing it now. Commissioners, if it's all right with you, I'll wait until I get a nomination from Commissioner Kowal. Then I'll bring it back. CHAIRMAN HALL: Great. I think it's a good call. COMMISSIONER KOWAL: 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 MS. PATTERSON: 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: No one. Item #15B STAFF PROJECT UPDATES MS. PATTERSON: Item 15B, staff project updates. We do not have any today. Item #15C Page 250 of 5419 September 24,2024 Page 236 STAFF AND COMMISSION GENERAL COMMUNICATIONS MS. PATTERSON: So that brings us to Item 15C, staff and commission general communications. I do have two things for you. The first is relative to three agenda items that were on the consent agenda, three tourism items -- or Coastal Zone. We didn't get the information prior to the release of the change sheet, but I just want to read into the record, for Item 16B3, which is the 10-year plan for Coastal Zone, Item 16B4, which is the TDC grant applications that Coastal Zone goes through every year, and 16B5 was also that resolution relative to those programs. They all were presented and approved 5-0 to the Coastal Advisory Committee. As you know, all these items for -- for the Coastal Zone group, they actually make two committee stops, one at the Tourist Development Council and one at the Coastal Advisory Committee, so -- and they're required to provide those findings. So they were all unanimously approved. Second item is relative to the upcoming weather. The Collier County Schools has closed school on Thursday. They just put that out a little while ago. Just putting that out there. Of course, they have to make that decision, obviously, because of buses and unknowns about the amount of rain. We will work with the staff, though, to be sure that we can accommodate those folks that have to have childcare, and we'll work that out, but just wanted to advise you that they have made that call to close school. Other than that, I don't have anything. County Attorney? MR. KLATZKOW: Nothing, thank you. MS. PATTERSON: Commissioners. Page 251 of 5419 September 24,2024 Page 237 CHAIRMAN HALL: All right. Commissioner McDaniel. COMMISSIONER McDANIEL: Good afternoon, sir. Let's -- we'll do -- well, I'll just go through my list. First of all, I want to thank staff. Our Code Enforcement in Immokalee, they have had two community cleanups that have been enormously successful, and our folks at the CRA in Immokalee, in cooperation with the Sheriff's Department, have -- have done a yeoman's job out there, and I just wanted to say thank you, Amy, for the support that's been given to that community. Second, Commissioner Hall, you made a discussion point on the previous agenda item on something that I want to talk about. I'd like to have an update on the central receiving facility to this board. There's -- you know, there again, there was an $18 million spread between the estimated construction cost and the available sales tax money. There's a $4.4 million FF&E deficit that hasn't been addressed. The largest concern, short of those two, which are large enough, is a $4 million a year O&M in perpetuity, operations and maintenance. And I think we as a board need to have a discussion about how we're going to accomplish this dire need. There's -- you know, when this was passed years ago with a previous board, the discussion had to do with the need, and there's no -- there doesn't need to have -- we don't need to have a discussion about the need. We need to have a discussion about how do we tend the need, and it has to be done pragmatically. It can't be done emotionally. And I feel that a lot of emotion was put into the decision-making process in the past. And we need -- we need to approach it with pragmatism. So I'd like for us, in the near future, next couple of -- not November. At some -- you know, since I'm picking and choosing when we're doing things -- but I'd like for us to have a discussion about this just to -- to maybe bring it all to a point and have Page 252 of 5419 September 24,2024 Page 238 some -- have all of us have some input into it. In regard to the funding that was appropriated to our national soccer team, I want it to be said as is with the discussion we had with our grants, as it has with our discussion with regard to Conservation Collier, this is -- this investment of advertising dollars is not a forever thing. I want to see that professional soccer team pick up the reigns and go forth and persevere. And, again, I'm considering this to be an -- we already approved it. I'm considering this to be an investment, but I want it to be known that it isn't just come to the trough and get a drink every time and get to expecting it. Last, but not least, and probably the funnest, was last night I had an opportunity to tour the Great Wolf Lodge. That place is open. Talk to our folks at Paradise Coast. The Great Wolf Lodge has booked 3,500 room nights between now and the end of this year, and more events are coming to our park because the Great Wolf Lodge is there. They booked 6,500 room nights at the Great Wolf Lodge for '25. That's 10,000 room nights just because that place opened up. That came to me last night. They have hired 675 people to work at the Great Wolf Lodge, 675, and that's up 75 from the jobs that they had prophesied when that transaction first came to us. And then just recently Jason, the general manager over there, purchased 800 memberships to our gym at Paradise Coast Park to be able to offer up to both guests and employees that are working there. So the cooperation between Paradise Coast Park and the Great Wolf Lodge has already -- and they've only been open, like, three or four days. The grand opening isn't until the first part of October, and they're full. I mean, they have a total of -- they haven't opened up the last two floors. They have 375 rooms there are available for utilization right now, and they're booked up. So they're -- and I'm really, really pleased with how the Page 253 of 5419 September 24,2024 Page 239 organization has operated. I mean, their cleaning staff, the folks that they hired to do the cleaning in the rooms, they're starting those folks out at $20 an hour to take care of the cleaning of the inside of the facility. So if you get the opportunity, go and visit, because it's a hopping place. It's a -- it's an amazing facility. That's all I have. CHAIRMAN HALL: Commissioner LoCastro. COMMISSIONER LoCASTRO: I'm glad to hear what an amazing overnight automatic success Great Wolf Lodge has become, so I'm glad we paid them to convince them to come here. You knew I was going to say that. No, Bill, he knew it. COMMISSIONER McDANIEL: Thank you for your support. COMMISSIONER LoCASTRO: I'm glad to hear all the positives. I mean, we knew it would be so -- even though we might have disagreed on convincing them to come here. No, the one thing I just wanted to say was I appreciate everybody's indulgence. I wasn't here for the budget meeting. The news made it sound like there was some sort of -- you know, I had some sort of travel anomaly. As all the commissioners know -- just to go on record -- I had planned to attend the budget meeting, and then I had travel plans afterwards. Twenty-four hours prior, my tickets were canceled by my airline, and I was given four options that -- to rebook at no expense on totally different airlines. And I called Amy Patterson immediately and just said, all these options, all of them will have me airborne during the budget meeting, and I have to go on this trip. And so, you know -- but as I had mentioned to her, I had no issues with the budget. I had a lot of pre-meetings, as we all did. The things that I had hoped would get tabled to another meeting, you know, did. So there wasn't some sort of nefarious, you know, I had a travel anomaly or something. And I shot notes to the Chairman and Page 254 of 5419 September 24,2024 Page 240 all the commissioners to let them know that I wasn't going to be even able to call in. It was going to be impossible. But I'm really encouraged by the direction that we're going financially in this county with the leadership of so many people. And so sharpening pencils, thinking outside the box and bringing up things here, this is very healthy conversation. It's not so much how the vote goes. It's really how the conversation, you know, goes. And sometimes, you know, the vote goes your way and sometimes it doesn't. And -- but then after the vote's over, you table that, and then you move -- you know, you move forward, although I will continue to needle you about the Great Wolf Lodge just because I get enjoyment out of it. I get enjoyment. No, but of course we want them to be a success, and we knew all the things that it would bring. But I wanted to really commend the staff on the budget because -- rather than just sort of, you know, change the date and shoot out the slide, which I know that they didn't do in the past, but it is a totally different machine right now, and they've been so responsive to our questions and to the things we're trying to digest before we just vote on something. And I couldn't be just, you know, more impressed and appreciative to the staff that are in this room and the many people that aren't in here that have a lot to do with it, because, you know, we ask one question, and it generates eight people sometimes having to do something. But we immediately get back an answer. So I apologize that it was impossible for me to be here, but I was trading notes with my fellow commissioners here as well as with Ms. Patterson, and I appreciated the connectivity so that I knew what was happening and that I wasn't missing something or that you needed my input, you know, for something. But thank you. CHAIRMAN HALL: Commissioner LoCastro -- I mean Page 255 of 5419 September 24,2024 Page 241 Commissioner Kowal. COMMISSIONER KOWAL: Thank you, Chairman. I know we talked a lot today. I think this -- we finally got a good full day's work in. We haven't in a while. It feels good. But the NCH thing, I know, Commissioner LoCastro, you're going to kind of take the lead and be our liaison like I am with the airport. COMMISSIONER LoCASTRO: Yeah. COMMISSIONER McDANIEL: Good luck with that. COMMISSIONER KOWAL: No. I'm done. That's a done deal. I presented -- I just want to give you guys an update. I did -- on the 19th, I spoke to the NAA, Naples Airport Authority. COMMISSIONER SAUNDERS: So where are you moving it to? COMMISSIONER KOWAL: One inch to the left. Yeah. So they understand our position on it, and, you know, they accepted, you know, my explanation on, you know, you guys' feelings on meeting and even entertaining anything further. So I think they saw the writing on the wall. They've already got contractors coming in looking at doing some -- redoing some ponds and adding some more things to what's already there. So that being said -- but the NCH I'll get back to. It's such a public image thing. You know, I -- it's -- you know, you've got 45-, 60,000 people that are going to be affected by this, and it's an image thing. And then I hardly knew anything about it. Like I said, I didn't find out about it till Friday that it was even going on, and then Commissioner LoCastro said he heard some things about -- you know, part of the discussion had a lot to do with what Blue Cross -- or Blue was doing with Sarasota and the hospital up there. And you know, they felt they were being jolted because they Page 256 of 5419 September 24,2024 Page 242 weren't getting refunded the same amount of money and things like that, but at the same time, it's also an image thing, you know. You don't want the citizens of Collier County thinking that -- they are getting money. They are getting paid something. There was a contract, you know. It's -- and I know the difference between zero and something. You know, so if you walk away, who suffers? You know, so I just hope that we can all come -- they can come together and cooler heads prevail because the services that they provide, you know, are of utmost importance for our citizens. So that image of fighting over maybe a few dollars, some other hospital's getting more than they are, and 40- to 60,000 people are going to suffer at the end of day, maybe whatever they're getting now is probably worth it because that is actually looking out for the community. So let's just -- like I said, we don't have a whole lot to do with it, but at least I think now we kind of know what's going on. COMMISSIONER LoCASTRO: If I can just add. I reached out to Mr. Hiltz immediately. He's actually out of state, but he responded to me in seconds. He was not aware that there was a conversation here, but he responded to me immediately. I have a phone call the minute this meeting's over with his lead person at NCH, who's expecting my call. So I will -- you know, if time is of the essence, which it is, I'll report back through, you know, Amy Patterson what I'm finding out. He did send me some information here, which it's premature for me to share it when I need to fully digest it. But the lines of communication opened instantaneously, and I'll have a call tonight with his lead -- his lead person on the issue. And I'll relay -- I mean, you actually said it perfectly that, you know, while you're sitting here trying to make a case over dollars and Page 257 of 5419 September 24,2024 Page 243 cents -- and it is important, a little bit compared to nothing, and all the people that are going to be out. He did reiterate, though, that they had looked -- they had -- they had reached out for an extension, and Florida Blue was not interested in an extension. I forget exactly how he said it. Hadn't heard back from them, or we heard that an extension wasn't -- wasn't something they would entertain. So I'll get more details tonight, but... COMMISSIONER KOWAL: I know you will. I have confidence in you. COMMISSIONER LoCASTRO: Now, how are you muffling jet noise out there? I heard you're putting in a mural. That's what I heard. COMMISSIONER KOWAL: Yeah, yeah. That's for another day. No, actually, that's a done deal, too. I do have two more little things I want to make a comment on. COMMISSIONER McDANIEL: He's done. COMMISSIONER KOWAL: There was mention to -- the young lady from Naples Opera, you know, during their presentation of speakers, the Pavarotti thing is coming back up again. I don't know if they found possibly some investors, but that 17 acres off of Bayshore where we have our -- our walk -- connect -- or boardwalk that's supposed to connect Bayshore to Sugden Park. If people aren't familiar that's out there in the viewing area, that that's the 17 acres they're talking about. And they only have -- there's a small little venue that they have in London, England, and I think they want to make Naples the hub and that be a branch of it and have his museum and everything that's related to him here on this particular property. But that will be a bridge we'll cross sometime in the future. You know, they have to come with some sort of solicitation, and then we'll move forward when that time comes. And the last -- because I know we've always been pondering Page 258 of 5419 September 24,2024 Page 244 about images every time and we're sitting here, and we think of things. And last time I think it was Commissioner LoCastro and Commissioner McDaniel talking about a certain skirt or something like that, and an image -- COMMISSIONER McDANIEL: Don't bring that up. COMMISSIONER KOWAL: So my image today is seeing Commissioner McDaniel in his house with the lights down low with a glass of Crown Royal pondering about the sands on the beaches. He did make that comment that he was pondering about the sands -- CHAIRMAN HALL: With a cigar. COMMISSIONER KOWAL: I'm going to leave it at that. COMMISSIONER McDANIEL: Okay. COMMISSIONER LoCASTRO: Hey, Kowal, the name's actually LoCastro. COMMISSIONER McDANIEL: Yeah, LoCastro. COMMISSIONER LoCASTRO: It's LoCastro like Fidel Castro but with a "Lo," not "Costro." COMMISSIONER KOWAL: I thought you were Italian, not Cuban. COMMISSIONER McDANIEL: You go to -- I have one point that I want to make I thought of while you were going on there. I lost my train of thought when you finished, but -- but when you're talking to the Naples Airport Authority and they're looking around at pond sites and this and that and places to make room, they recently -- the Mosquito Control recently withdrew from a lease out at the Immokalee airport because of a large cost -- theoretically, in their world, a large cost deviation from their estimated cost to what it was. And so maybe the Airport Authority can work with the Mosquito Control to begin -- revisit that facility and its ultimate relocation out to the Immokalee airport. It would be better for the Page 259 of 5419 September 24,2024 Page 245 whole community from a title search standpoint, from a getting-around standpoint because of the expansion of the boundary, and also throw that at them, because that's extremely valuable land that the Naples Airport has that's occupied by the Mosquito Control. COMMISSIONER KOWAL: Yeah. The one project they did have before them that day when I was there was re-ensuring and redesigning some of their ponds, the retention pond because of -- they actually take some of our stormwater from Airport Road and some certain areas that leach over that way. So they're excited about -- and they're also looking at some of parcels they have on the front of Airport Road of possibly putting in commercial property and leasing it out to, like, restaurants. Actually talking about maybe a small hotel for the pilots. COMMISSIONER McDANIEL: Oh, cool. COMMISSIONER KOWAL: Because the pilots at times when they come in late, to hold to the curfew issue that they have there -- because they can't fly out after a certain hour if they're not actually, you know, held up for something. They usually have to find lodging, and they're not budgeted to stay, you know, like, in some of our hotels here. So sometimes they drive all the way to Lee County just to stay, then have to drive back that morning to fly out. So there's a few things coming. And I think there's 9 -- 7.9 acres or maybe 9 acres on North Road that they -- falls in our jurisdiction. COMMISSIONER McDANIEL: Oh. COMMISSIONER KOWAL: I don't know if there's any future site plans to come to us, some sort of -- make a partnership. Because they bought the sound -- the rights to the -- you know, the air above it, I guess. But it's one of the parcels that's actually in the county's jurisdiction, not in the city. So there was some designs to where -- possibly putting something over there. (Cell phone alarms sounding.) Page 260 of 5419 September 24,2024 Page 246 COMMISSIONER McDANIEL: There is a storm surge warning. Speaking of storm surges. CHAIRMAN HALL: Finished? COMMISSIONER KOWAL: Good. CHAIRMAN HALL: Commissioner Saunders. That's our other phone. COMMISSIONER McDANIEL: Everybody's is on silent. It overrides the silent button. CHAIRMAN HALL: My watch is going off. COMMISSIONER SAUNDERS: I've only got one item. I went to -- at least we know everything works. That's the good news. I want to extend the free adoptions at our DAS facility until the end of November. Right now I think the free adoptions ends at the end of September. And from what I understand from my conversation with Jamie French, this will help keep the number of animals in the facilities at a lower level until we're finished with the work on Building No. 5. So that would be a request to continue the free adoptions through the end of November. MR. FRENCH: Thank you, Commissioner. For the record, Jamie French, your -- my shirt just says "Collier County" on it these days -- with Growth Management and Community Development. We are scheduled to be done with Building 5 probably by the end of December. With the Christmas holiday coming up, we believe that reinstating those adoption fees -- and we'll have something back to you hopefully by then to re-establish what a good adoption fee would be, that the county would be able to recover part of their costs while still promoting that animal awareness with regards to these shelter pets really needing homes. At this point, we've got some really great partnerships between the Humane Society of Naples, Dogs Play for Life, as well as numbers of fosters throughout our community, to include county Page 261 of 5419 September 24,2024 Page 247 staff. So we're very appreciative of you giving this some consideration, and we certainly appreciate the opportunity to talk about it. COMMISSIONER SAUNDERS: Great. So, Mr. Chairman, I don't know if we need a motion, maybe we do, in order to make that official. MS. PATTERSON: I believe Board direction is fine. We've already -- we just have -- we have authority to lower the adoption fee to a certain point, and then we need Board direction. CHAIRMAN HALL: I assume no one would object to that, so... MS. PATTERSON: Thank you. COMMISSIONER McDANIEL: I do want to say out loud that the people that are coming over there to get permits like the service dogs around, so it gives them something to do while they're getting -- picking up their permit. MR. FRENCH: We do have a lot of -- we do have a lot of dogs at Growth Management these days. COMMISSIONER McDANIEL: Yes, you do. MR. FRENCH: Yes. CHAIRMAN HALL: Great. I have just one thing. First of all, I feel like I'm the bad guy, and I don't want to be the bad guy to the public. When I come out and I say I don't want to fund all of that arts money, it has nothing to do with the arts. It has to do with I want them taking responsibility for raising their money and taking responsibility for their business. I agree, we can prop them up, and it's wise to prop them up, but all the time for whatever they want, it was just -- I was just fundamentally. But I didn't want to come across as I'm anti arts, because I'm not at all. COMMISSIONER McDANIEL: It will be in the paper Page 262 of 5419 September 24,2024 Page 248 tomorrow. CHAIRMAN HALL: Yeah, I know. COMMISSIONER SAUNDERS: I think -- I don't disagree with you at all, but I think if we're going to start talking about reducing those appropriations, we should do that very early on in the budget process so we're not really at the last minute where they have relied on that. So maybe if we start letting them in know March. CHAIRMAN HALL: We'll start letting them know in January. COMMISSIONER SAUNDERS: In January. They may know now. COMMISSIONER McDANIEL: Well, they're getting -- they're getting the message right now, and that's where we ran into last year when the previous ED was up there, it was -- these people -- some of these people, they've already gone out and committed these grants, and they hadn't been approved by the Board. CHAIRMAN HALL: I know. COMMISSIONER McDANIEL: So... CHAIRMAN HALL: I just wanted to make it -- I just want to let Mr. and Ms. Joe Public know that I'm all about the arts, but I'm also wanting to do the hard work and make the harder decisions. And I agree, I mean, we made the right decision today, but I just wanted to set that -- set that tone out there, as well as David Lawrence Center. I'm all about mental health addiction treatment. It's a huge need, but at the same time, they need to get the message that there are other local avenues that they need to pitch for funds just because they want to maximum their grant -- their grant, and that's -- that's -- that was the message that I hope that they got. And when it comes to -- I just want to mention I had a great conversation with Dr. Yilmaz yesterday. Today we approved in the consent agenda a $3-million-a-year expenditure to Rexel Electric. They're a distributor. I used to work for them. They're out of Page 263 of 5419 September 24,2024 Page 249 Dallas, Texas. That was my first job out of college, and they represent -- they distribute Allen-Bradley products. And in the -- in the proposal, I read through it. When I saw it, I thought, "What is this about?" Three million dollars a year in expenditures. That's a lot of money in the electrical supply business. That's 250 grand a month, on average, and an $80,000 order was a large order back 30 years ago. So, you know, give it a little bit of inflation. But in that, you know, there's things that we don't want to -- you know, the things like the variable frequency drives, the programmable logic controllers, the PLC input-output cards, those things we have to buy from Allen-Bradley. They're the cream of the crop. There's nothing better. We want Allen-Bradley products in for those things. But as far as the control panels, the Hoffman boxes, the motor control centers, the push buttons, the contacts, those things we can negotiate. Now, we're -- we talked about standardization, and standardization is important, but we don't want Allen-Bradley to know that standardization is important. In that -- in that proposal that we okayed we're actually paying the distributor salespeople to fly here to do the training when they ought to be doing the training on their dime for us using their products. So as we negotiate these things with some of these manufacturers and these distributors, I would like to see us posture ourselves a little different. If they think that we're going to go out for bid for other products that we can live by, they're going to panic. They're not going to want that. That lady who was the vertical sales manager, she would be on an airplane in a heartbeat to Naples to keep us from doing that. I looked at the discount list price. The greatest discount that they give us is 13 percent. I know from being in the business, for Page 264 of 5419 September 24,2024 Page 250 motor control products, you can discount -- they'd discount it 75, 70 percent at that kind of money. Allen-Bradley is very territorial, meaning they control their prices very well, and they control their prices on Allen-Bradley products, so they don't like to cut their price on Allen-Bradley stuff. But if they thought that we were going to be competing with GE motor controls or Square D motor controls, or other motor controls for the things that we can do, they would sharpen their pencil. And that's just some -- that just comes from me from being in that business, from being in that industry. I know what the limitations are. And I just want to encourage our staff, when they're out there and when they're in the procurement process, to posture ourselves a little better, and maybe you didn't know we could. But there again, it's worth the risk to save us -- that's a lot of money. That's $15 million that we approved over the next five years. And we want the good stuff, but we also want them to think that they have to be competitive on the other stuff, and that's really all I wanted to say. COMMISSIONER McDANIEL: Did you get -- were you satisfied with your conversation that you had that it wasn't just us doing business as usual? Did you feel that you got a -- CHAIRMAN HALL: Yes. Actually, he said, would you recommend that to staff and just give them that knowledge? Because -- it's just some inside baseball just from being there. That's the only way that I know it. It's just because I used to be -- used to have to deal with it. I was on the distributor side. Rexel Summers -- Summers Electric was my first job. I got that job because I won the long-drive contest, and that's no lie. I had no skills, but I could hit the ball far. COMMISSIONER McDANIEL: You can't putt. Page 265 of 5419 September 24,2024 Page 251 CHAIRMAN HALL: So any other comments? (No response.) CHAIRMAN HALL: Good meeting today, gentlemen. I enjoyed it. And with that, we're adjourned. ****Commissioner Kowal moved, seconded by Commissioner Saunders, and carried that the following items under the consent and summary agendas be approved and/or adopted**** Item #16A1 RESOLUTION 2024-173: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING THE ADMINISTRATIVE CODE FOR LAND DEVELOPMENT, WHICH WAS CREATED BY ORDINANCE NO. 2013-57, BY AMENDING THE APPLICATION REQUIREMENTS FOR PROJECTS WITH PLATS PROPOSING BUILDING PERMITS BEFORE PLAT RECORDINGS AND PROVIDING AN EFFECTIVE DATE. (COMPANION TO ITEM 17B) - THE LDC AMENDMENT PROPOSES TO RENAME THE "PRELIMINARY SUBDIVISION PLAT" PROCESS TO "CONCEPTUAL PLAT WITH DEVIATIONS Item #16A2 - Moved to Item #11H (Per Agenda Change Sheet) Item #16A3 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 WILLOW Page 266 of 5419 September 24,2024 Page 252 RUN, PL20230011765. - FINAL ACCEPTANCE OF THE SUBJECT WATER AND SEWER UTILITY FACILITIES IN THE TOTAL AMOUNT OF $1,452,383.07 Item #16A4 WAIVE THE NIGHTTIME HEARING REQUIREMENT AND HEAR A LAND DEVELOPMENT CODE AMENDMENT REGARDING FOOD TRUCKS AND FOOD TRUCK PARKS AT TWO REGULARLY SCHEDULED DAYTIME BOARD OF COUNTY COMMISSIONER MEETINGS AND APPROVE A REQUEST TO ADVERTISE THE LAND DEVELOPMENT CODE AMENDMENT - THE COSTS ASSOCIATED WITH PROCESSING AND ADVERTISING THE PROPOSED LDC AMENDMENT ARE ESTIMATED AT $2,016 Item #16A5 AN INCREASE IN YEARLY EXPENDITURES FOR AGREEMENT 22-043-NS FROM $70,000 PER FISCAL YEAR TO $100,000 PER FISCAL YEAR FOR THE SINGLE SOURCE PURCHASE OF ANIMAL LICENSING AND TRACKING FROM PET DATA, INC., UNTIL THE AGREEMENT EXPIRES OR IS TERMINATED - THE CURRENT RENEWAL PERIOD EXPIRES NOVEMBER 7, 2025, WITH 2-1-YEAR RENEWALS REMAINING UNLESS THE AGREEMENT IS TERMINATED IN ACCORDANCE WITH OTHER PROVISIONS OF THIS AGREEMENT Item #16B1 Page 267 of 5419 September 24,2024 Page 253 AN AGREEMENT FOR THE PURCHASE OF RIGHT-OF-WAY (PARCEL 1328FEE) REQUIRED FOR THE VANDERBILT BEACH ROAD EXT – PHASE 2 PROJECT (PROJECT NO. 60249). ESTIMATED FISCAL IMPACT: $60,600 Item #16B2 AN AGREEMENT FOR THE PURCHASE OF RIGHT OF-WAY (PARCEL 1375FEE) REQUIRED FOR THE VANDERBILT BEACH ROAD EXT – PHASE 2 PROJECT (PROJECT NO. 60249). ESTIMATED FISCAL IMPACT: $152,349 Item #16B3 THE FY 2024-2025, 10-YEAR CAPITAL PLANNING DOCUMENT FOR TOURIST DEVELOPMENT TAX FUNDS IN TDC BEACH RENOURISHMENT FUND (1105) AND TDC ENGINEERING FUND (1102) AND MAKE A FINDING THAT THESE EXPENDITURES PROMOTE TOURISM – ALL GRANT REQUESTS AND EXPENDITURE REQUESTS WILL BE REVIEWED BY THE COASTAL ADVISORY COMMITTEE, THE TOURIST DEVELOPMENT COUNCIL, AND THE BOARD OF COUNTY COMMISSIONERS Item #16B4 THE TOURIST DEVELOPMENT COUNCIL GRANT APPLICATION REQUESTS FROM COLLIER COUNTY COASTAL ZONE MANAGEMENT FOR FY 2024-2025 IN THE AMOUNT OF $6,974,100, BUDGET THESE EXPENDITURES, AND MAKE A FINDING THAT THESE EXPENDITURES Page 268 of 5419 September 24,2024 Page 254 PROMOTE TOURISM Item #16B5 RESOLUTION 2024-174: A RESOLUTION SUPPORTING THE COUNTY’S APPLICATIONS TO FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR LONG RANGE BUDGET PLAN REQUESTS FOR BEACH RENOURISHMENT PROJECTS FOR FISCAL YEAR 2025/2026 AND MAKE A FINDING THAT THESE PROJECTS PROMOTE TOURISM. THIS ACTION MAINTAINS THE COUNTY'S ELIGIBILITY FOR STATE COST SHARE FUNDING FOR FUTURE RENOURISHMENT PROJECTS Item #16B6 – (Continue to a Future Meeting) INSTALL A BICYCLE/PEDESTRIAN CONNECTION BETWEEN SEAGATE DRIVE AND CRAYTON ROAD AND DIRECT STAFF TO CONSTRUCT THE CONNECTION, USING AN EXISTING COLLIER COUNTY RIGHT-OF-WAY, WHICH WILL IMPLEMENT AND IMPROVE PUBLIC SAFETY BY ENHANCING A SAFER AND SMOOTHER TRANSITION FOR WALKERS, RUNNERS, AND CYCLISTS - INITIAL COST ESTIMATE FOR A 10’ CONCRETE OR ASPHALT PATHWAY IS NOT EXPECTED TO EXCEED $50,000 FOR DESIGN AND CONSTRUCTION Item #16B7 AWARD INVITATION TO BID (“ITB”) NO. 24-8232, “LANDSCAPE MAINTENANCE - MULTIPLE WORK AREAS, Page 269 of 5419 September 24,2024 Page 255 ROAD MAINTENANCE DIVISION,” TO MAINSCAPE, INC., SUPERB LANDSCAPE SERVICES, INC., AND SUPERIOR LANDSCAPING & LAWN SERVICE, INC., AND AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED AGREEMENTS Item #16B8 THE FISCAL YEAR 2024/2025 CAPITAL IMPROVEMENT PLAN OF THE BIG CYPRESS BASIN, A PART OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT (SFWMD) - THE PLAN HAS NO FISCAL IMPACT TO COLLIER COUNTY BUDGET APPROPRIATIONS FOR COUNTY OPERATED AND MAINTAINED CANALS AND WATER CONTROL STRUCTURES Item #16C1 CHANGE ORDER NO. 2 TO EXTEND THE TASK TIMELINE FOR TASK NO. 1 UNDER GRANT AGREEMENT LPA0495 WITH THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR THE “PALM RIVER PUBLIC UTILITIES RENEWAL PROJECT - AREA 4” TO RECEIVE FULL REIMBURSEMENT AND AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED CHANGE ORDER. (PROJECT NO. 70257) - THE GRANTEE HAS UNTIL OCTOBER 31, 2025, TO COMPLETE THE PROJECT AND SUBMIT ALL THE DOCUMENTATION FOR EACH TASK FOR REIMBURSEMENT Item #16C2 AGREEMENT NO. 24-033-NS-WV, WITH REXEL USA, INC., Page 270 of 5419 September 24,2024 Page 256 AND AUTHORIZE EXPENDITURES UNDER BOARD APPROVED STANDARDIZATION OF SPECIALIZED PROPRIETARY EQUIPMENT AND SERVICES FOR “ALLEN BRADLEY-ROCKWELL PRODUCTS AND SERVICES,” IN AN ESTIMATED AMOUNT OF $3,000,000 PER FISCAL YEAR FOR FIVE YEARS, FOR A TOTAL ESTIMATED SPEND OF $15,000,000 OVER THE TERM OF THE AGREEMENT Item #16C3 ADOPT THE FY2025 FEE SCHEDULES ESTABLISHED IN THE ANNUAL RATE RESOLUTION FOR RESIDENTIAL AND COMMERCIAL COLLECTION AND DISPOSAL OF SOLID WASTE AND RECYCLING AT COLLIER COUNTY SOLID WASTE FACILITIES, INCLUDING THE LANDFILL, TRANSFER STATION, AND RECYCLING DROP-OFF CENTERS AS PRESENTED IN THE FY2025 SOLID WASTE BUDGET - THE MANDATORY SOLID WASTE COLLECTION AND DISPOSAL ASSESSMENTS WILL PROVIDE ESTIMATED FY2025 REVENUES OF $36,088,800 FOR THE MANDATORY TRASH COLLECTION FUND Item #16C4 CHANGE ORDER NO. 3 AT A TOTAL COST OF $18,307.33, UTILIZING THE OWNER’S ALLOWANCES, ADD A TOTAL OF FOUR DAYS TO AGREEMENT NO. 21-7938, WITH R2T, INC., FOR THE “MASTER PUMP STATION 302.00 SITE IMPROVEMENTS” PROJECT, AND AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED CHANGE ORDER. (PROJECT NO. 70215) Page 271 of 5419 September 24,2024 Page 257 Item #16C5 AWARD A REQUEST FOR QUOTATION (“RFQ”) UNDER AGREEMENT NO. 19-7622, “WASTEWATER PUMP STATION REPAIR AND RENOVATION,” FOR THE PUMP STATION 304.08 REHABILITATION PROJECT TO PRECISION LIFT STATIONS, INC., IN THE AMOUNT OF $489,648, APPROVE AN OWNER’S ALLOWANCE OF $30,000, AND AUTHORIZE STAFF TO OPEN A PURCHASE ORDER FOR THE WORK. (PROJECT NUMBER 70240) – ON MARCH 27, 2024, THE COUNTY DISTRIBUTED A REQUEST FOR QUOTATION FOR THE PUMP STATION 304.08 REHABILITATION PROJECT TO THE FOUR CONTRACTORS UNDER THE ANNUAL AGREEMENT FOR WASTEWATER PUMP STATION REPAIR AND RENOVATION AGREEMENT NO. 19-7622 Item #16D1 THE CHAIRMAN TO SIGN THE FIRST AMENDMENT TO THE EMERGENCY SOLUTIONS GRANT SUBRECIPIENT AGREEMENT #ES23-01 BETWEEN THE SHELTER FOR ABUSED WOMEN & CHILDREN, INC., AND COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS TO MODIFY THE PERIOD OF PERFORMANCE AND NOTICE INFORMATION. (HOUSING GRANT FUND 1835, PROJECT 33856) Item #16D2 THE CHAIRMAN TO SIGN ONE (1) MORTGAGE SATISFACTION FOR THE STATE HOUSING INITIATIVES Page 272 of 5419 September 24,2024 Page 258 PARTNERSHIP (SHIP) PROGRAM IN THE AMOUNT OF $60,000, DUE TO THE DEATH OF THE RECIPIENT. (SHIP GRANT FUND 1053) – THE REHABILITATION PROGRAM OFFERS AN ALTERNATE REPAYMENT PROGRAM WHICH FORGIVES 1/3 OF THE LOAN AT THE END OF EACH 5TH YEAR FOR FIFTEEN (15) YEARS Item #16D3 THE CHAIRMAN TO SIGN TWENTY-EIGHT (28) MORTGAGE SATISFACTIONS FOR THE STATE HOUSING INITIATIVES PARTNERSHIP LOAN PROGRAM IN THE AMOUNT OF $420,459.00. (SHIP GRANT FUND 1053) – IF ALL CONDITIONS OF THE LOAN ARE MET, ONE-THIRD OF THE LOAN WILL BE FORGIVEN IN FIVE-YEAR INCREMENTS SO THAT AT THE END OF THE FIFTEENTH (15TH) YEAR THE LOAN IS FULLY FORGIVEN Item #16D4 THE FY24-25 CONTRACT WITH THE STATE OF FLORIDA DEPARTMENT OF HEALTH FOR THE OPERATION OF THE COLLIER COUNTY HEALTH DEPARTMENT IN THE AMOUNT OF $1,490,200 Item #16D5 THE CHAIRMAN TO SIGN A LOW INCOME POOL LETTER OF AGREEMENT WITH THE AGENCY FOR HEALTH CARE ADMINISTRATION IN THE AMOUNT NOT TO EXCEED $1,719,499.44, TO PARTICIPATE IN THE MEDICAID CENTRAL Page 273 of 5419 September 24,2024 Page 259 RECEIVING FACILITY LOW INCOME POOL PROGRAM, GENERATING $2,295,209 IN FEDERAL MATCHING FUNDS FOR THE BENEFIT OF DAVID LAWRENCE MENTAL HEALTH CENTER TO ASSIST IN MEETING THE STATE REQUIRED MATCH OBLIGATION, AND AUTHORIZE NECESSARY BUDGET AMENDMENTS TO THE FY25 BUDGET IN THE AMOUNT $303,999.44. (FISCAL IMPACT $1,719,499.44) Item #16D6 AN ADDITIONAL $37,145.00 AND APPROVE A LOW INCOME POOL LETTER OF AGREEMENT WITH THE AGENCY FOR HEALTH CARE ADMINISTRATION, IN THE AMOUNT OF $543,345 TO PARTICIPATE IN THE MEDICAID LOW INCOME POOL PROGRAM, GENERATING $345,455 IN FEDERAL MATCHING FUNDS THAT WILL PROVIDE ADDITIONAL HEALTH SERVICES FOR THE CITIZENS OF COLLIER COUNTY AND AUTHORIZE (B) THE NECESSARY BUDGET AMENDMENT AND (C) THE COUNTY MANAGER OR HER DESIGNEE TO SIGN AND EXECUTE THE AHCA LIP LETTER OF AGREEMENT (FISCAL IMPACT $ 543,345) Item #16D7 THE CHAIRMAN TO SIGN A FIRST AMENDMENT TO THE 2025-2027 URBAN COUNTY COOPERATION AGREEMENT WITH THE CITY OF MARCO ISLAND UPON RECEIPT AND AUTHORIZE STAFF TO FORWARD THE SUPPORTING DOCUMENTATION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT TO COMPLY WITH HUD’S URBAN COUNTY REQUALIFICATION REQUIREMENTS. (NO Page 274 of 5419 September 24,2024 Page 260 FISCAL IMPACT) -THE URBAN COUNTY COOPERATION AGREEMENTS WERE EXECUTED BY THE CITY OF NAPLES AND THE CITY OF MARCO ISLAND AND APPROVED BY THE BOARD ON JULY 9, 2024, AGENDA ITEM 16.D.3 Item #16E1 BUDGET AMENDMENT TO FUND 5017 (GROUP HEALTH AND LIFE INSURANCE), TO PAY HEALTH AND PHARMACY CLAIMS EXPENDITURES FOR THE REMAINDER OF FY 2024 – FUND RESERVES WILL REMAIN SUFFICIENT TO MEET STATUTORY REQUIREMENTS Item #16E2 AN ASSUMPTION AGREEMENT ASSIGNING ALL RIGHTS, DUTIES, BENEFITS, AND OBLIGATIONS CONCERNING AGREEMENT #21-7917, “EMS EXPENDABLE MEDICAL SUPPLIES” TO BOUND TREE MEDICAL, LLC, AND AUTHORIZE THE CHAIRMAN TO EXECUTE SAME Item #16E3 RESOLUTION 2024-175: RESOLUTION ADOPTING THE PAY AND CLASSIFICATION PLANS FOR THE BOARD OF COUNTY COMMISSIONERS AND COUNTY MANAGER’S AGENCY, NON-UNION EMS, AND THE COUNTY ATTORNEY’S OFFICE EFFECTIVE OCTOBER 1, 2024; TO PROVIDE A GENERAL WAGE ADJUSTMENT TO ELIGIBLE EMPLOYEES EFFECTIVE OCTOBER 5, 2024; AND TO APPROVE THE CREATION OF NEW CLASSIFICATIONS, MODIFICATION AND/OR Page 275 of 5419 September 24,2024 Page 261 DELETION OF CLASSIFICATIONS AND ASSIGNMENT OF PAY RANGES FROM THE PROPOSED PAY AND CLASSIFICATION PLANS, FROM JULY 1, 2024 FORWARD USING THE EXISTING POINT-FACTOR JOB EVALUATION SYSTEM AND MARKET DATA; AND TO AUTHORIZE ANY NECESSARY BUDGET AMENDMENTS IN FY2025 – CHANGES INCLUDE A SIGNIFICANT INCREASE TO THE SALARY THRESHOLD FOR EXEMPT CLASSIFIED POSITIONS, WHICH WOULD IMPACT A PORTION OF THE COUNTY MANAGER’S AGENCY PAY AND CLASSIFICATION PLAN Item #16F1 THE ANNUAL PERFORMANCE APPRAISAL FOR THE COUNTY MANAGER - THE APPROVED STRATEGIC PLAN, INCLUDING THE 2024 UPDATE, ESTABLISHES THE STRATEGIC FOCUS AREAS AND THE COLLIER COUNTY PRIORITIES FOR THE ANNUAL, AND ONGOING WORK PLAN (ACTION PLAN) Item #16F2 THE BOARD OF COUNTY COMMISSIONERS EXTENDS THE COUNTY MANAGER EMPLOYMENT AGREEMENT TO SEPTEMBER 30, 2027 - THERE IS NO CHANGE IN TOTAL AMOUNT OF COMPENSATION (SALARY AND BENEFITS) Item #16F3 THE CHAIRMAN TO SIGN THE FOURTEENTH AMENDMENT TO THE AGREEMENT FOR MEDICAL EXAMINER SERVICES Page 276 of 5419 September 24,2024 Page 262 (AGREEMENT NO. 11-5776 - MEDICAL EXAMINER), WHICH WILL EXTEND THE TERM OF THE AGREEMENT TO SEPTEMBER 30, 2025 - FUNDING FOR THIS AMENDMENT, TOTALING $2,248,400, IS INCLUDED WITH THE FY2025 MEDICAL EXAMINERS SERVICES BUDGET REQUEST WITHIN GENERAL FUND (0001) Item #16F4 AN EXTENSION OF THE FOURTH AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN COLLIER COUNTY AND THE CITY OF NAPLES, GOVERNING THE USE OF CITY OF NAPLES BEACH PARKING FACILITIES AND PARK AND RECREATION PROGRAMS, TO SEPTEMBER 30, 2025 - FUNDING FOR THIS AGREEMENT IS INCLUDED IN THE FY 2025 TENTATIVE BUDGET Item #16F5 AN ACCESS EASEMENT TO FLORIDA POWER & LIGHT CO. TO PROVIDE UPGRADED FPL INFRASTRUCTURE TO SERVICE THE PELICAN BAY SERVICE DIVISION’S MAINTENANCE FACILITY, CHEMICAL STORAGE, AND EQUIPMENT STORAGE BUILDINGS, AT THE PELICAN BAY- NEW PLANT AT 6200 WATERGATE WAY, NAPLES, FLORIDA Item #16F6 RENEW THE ANNUAL CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY (COPCN) FOR AMBITRANS MEDICAL TRANSPORT, INC., TO PROVIDE CLASS 2 Page 277 of 5419 September 24,2024 Page 263 ADVANCED LIFE SUPPORT (ALS) INTER-FACILITY TRANSPORT AMBULANCE SERVICE FOR A PERIOD OF ONE YEAR Item #16F7 RESOLUTION 2024-176: A RESOLUTION AUTHORIZING INTERGOVERNMENTAL TRANSFERS (IGT) BETWEEN COLLIER COUNTY EMS AND THE STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION (AHCA) FOR FY25, TO AUTHORIZE CHAIRMAN TO SIGN AN AGREEMENT WITH AHCA TO ACCEPT DIRECT PAYMENTS FROM THE PROGRAM NAMED STATEWIDE MEDICAID MANAGED CARE (SMMC) FOR FY25, AND TO APPROVE THE NECESSARY BUDGET AMENDMENTS Item #16F8 RESOLUTION 2024-177: 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.) Item #16F9 THE CHAIR TO EXECUTE TWENTY-FOUR (24) DEED CERTIFICATES FOR PURCHASED BURIAL RIGHTS AT LAKE Page 278 of 5419 September 24,2024 Page 264 TRAFFORD MEMORIAL GARDENS CEMETERY AND AUTHORIZE THE COUNTY MANAGER OR DESIGNEE TO TAKE ALL ACTIONS NECESSARY TO RECORD THE DEED CERTIFICATES WITH THE CLERK OF THE COURT’S RECORDING DEPARTMENT – PLOT SALE RECEIPTS ARE DEPOSITED IN GENERAL FUND (0001), IMMOKALEE CEMETERY COST CENTER 122370 Item #16F10 A THREE-YEAR SPONSORSHIP AGREEMENT WITH FC NAPLES FOR AN ANNUAL TOURIST DEVELOPMENT TAX EXPENDITURE OF $149,000, TOTALING $447,000 FOR THE UNITED SOCCER LEAGUE (USL) 2025-2027 SEASONS, AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED AGREEMENT, AND MAKE A FINDING THAT THE RELATED EXPENDITURE PROMOTES TOURISM Item #16F11 AWARD INVITATION TO BID NO. 24-8250, “GOLDEN GATE GOLF COURSE OUTFALL SWALE," TO SOUTH FLORIDA EXCAVATION, INC., IN THE AMOUNT OF $1,657,712, APPROVE AN OWNER’S ALLOWANCE OF $220,000, AND AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED AGREEMENT (PROJECT NO. 80412) - FUNDING IN THE AMOUNT OF $1,877,712 IS AVAILABLE WITHIN THE COUNTY WIDE CAPITAL PROJECT FUND (3001), GG GOLF COURSE PROJECT 80412 Item #16F12 Page 279 of 5419 September 24,2024 Page 265 AN AFTER-THE-FACT PAYMENT IN THE AMOUNT OF $76,571.78 TO UNITED MECHANICAL, INC., FOR THE COURTHOUSE LOUVER REPAIR AND REPLACEMENT PROJECT UNDER AGREEMENT NO. 18-7313 FOR HVAC REPLACEMENT AND NEW INSTALLATIONS Item #16F13 AWARD INVITATION TO BID NO. 24-8248, “PREVENTATIVE MAINTENANCE AND REPAIRS OF PUMPS AND ANCILLARY EQUIPMENT FOR AQUATIC FACILITIES,” TO JOHN MADER ENTERPRISES, INC., D/B/A MADER ELECTRIC MOTORS, IN THE ESTIMATED AMOUNT OF $200,000 PER YEAR, AND APPROXIMATELY $1,000,000 FOR THE DURATION OF THE AGREEMENT, AND AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED AGREEMENT – THE COUNTY RECEIVED FOUR (4) BIDS BY THE JUNE 12, 2024 Item #16J1 A BUDGET AMENDMENT RECOGNIZING A FLORIDA DEPARTMENT OF STATE, DIVISION OF ELECTIONS, 2024/2025 ELECTION SECURITY FUNDS GRANT AWARD IN THE AMOUNT OF $11,160 - SUPERVISOR OF ELECTIONS GRANT FUND (1800) Item #16J2 EXTEND THE 2024 TAX ROLL AT THE REQUEST OF THE COLLIER COUNTY TAX COLLECTOR, ROB STONEBURNER - PAST NOVEMBER 1, 2024 Page 280 of 5419 September 24,2024 Page 266 Item #16J3 VALID PUBLIC PURPOSE FOR INVOICES PAYABLE AND PURCHASING CARD TRANSACTIONS AS OF SEPTEMBER 18, 2024 - INVOICES INCLUDING BUT NOT LIMITED TO BOND PAYMENTS, UTILITIES FOR EXISTING COUNTY BUILDINGS, AND LEASE PAYMENTS FOR APPROVED LEASES ARE NOT INCLUDED ON THIS LIST IF THEY HAVE BEEN PREVIOUSLY APPROVED BY THE BOARD Item #16K1 ANNUAL PERFORMANCE APPRAISAL FOR THE COUNTY ATTORNEY - ALL SUCH MERIT ADJUSTMENTS SHALL BE INCLUDED IN THE EMPLOYEE’S BASE SALARY Item #16K2 THE BOARD OF COUNTY COMMISSIONERS EXTENDS THE COUNTY ATTORNEY EMPLOYMENT AGREEMENT TO SEPTEMBER 30, 2027 - NO CHANGE IN TOTAL AMOUNT OF COMPENSATION (SALARY AND BENEFITS) Item #16K3 THE BOARD OF COUNTY COMMISSIONERS REVIEWS AND APPROVES THE PROPOSED FY 2024 - 2025 ACTION PLAN FOR JEFFREY A. KLATZKOW, COUNTY ATTORNEY Item #16K4 Page 281 of 5419 September 24,2024 Page 267 RESOLUTION 2024-178: DECLARE TWO VACANCIES ON THE BLACK AFFAIRS ADVISORY BOARD - DARNELL JOHNSON AND DARREN BECKFORD HAVE NOT ATTENDED ANY OF THE BLACK AFFAIRS ADVISORY BOARD MEETINGS THIS YEAR AND HAVE BEEN UNRESPONSIVE TO ATTEMPTS OF CONTACT Item #16K5 RESOLUTION 2024-179: TO REAPPOINT BERNARDO BARNHART TO THE IMMOKALEE BEAUTIFICATION ADVISORY COMMITTEE - THE REMAINING VACANCIES WILL CONTINUE TO BE ADVERTISED Item #17A - Moved to Item #9F (Per Agenda Change Sheet)) Item #17B ORDINANCE 2024-35: AN ORDINANCE AMENDING THE COLLIER COUNTY LAND DEVELOPMENT CODE TO ALLOW FOR THE ISSUANCE OF BUILDING PERMITS AFTER THE BOARD OF COUNTY COMMISSIONERS APPROVES A FINAL SUBDIVISION PLAT BUT BEFORE ITS RECORDATION AND TO RENAME THE OPTIONAL PRELIMINARY PLATS TO CONCEPTUAL PLAT WITH DEVIATIONS. (PL20240008157) (COMPANION TO ITEM 16A1) – THE COST ASSOCIATED WITH ADVERTISING THE ORDINANCE IS ESTIMATED AT $1,008.00 Item #17C Page 282 of 5419 September 24,2024 Page 268 ORDINANCE 2024-36: ORDINANCE NUMBER 2021-20 AS AMENDED, THE BCHD 1 COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD), BY INCREASING THE MAXIMUM COMMERCIAL GROSS FLOOR AREA FROM 100,000 TO 130,000 SQUARE FEET WITH NO CHANGE TO THE INDOOR SELF-STORAGE FLOOR AREA AND ADDING INDOOR GOLF CART RETAIL SALES AS A PERMITTED USE. THE PROPERTY IS LOCATED APPROXIMATELY ONE-HALF MILE NORTH OF RANDALL BOULEVARD ON THE WEST SIDE OF IMMOKALEE ROAD, IN SECTION 22, TOWNSHIP 48 SOUTH, RANGE 27 EAST, WITH THE ENTIRE PUD CONSISTING OF 21.82± ACRES. (PL200230017803) (COMPANION TO ITEM 17D (PL20230018187)) - THE CCPC VOTED 6-0 TO FORWARD THIS PETITION TO THE BOARD WITH A RECOMMENDATION OF APPROVAL Item #17D ORDINANCE 2024-37: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, SPECIFICALLY AMENDING THE RURAL GOLDEN GATE ESTATES SUB-ELEMENT OF THE GOLDEN GATE AREA MASTER PLAN ELEMENT TO REVISE THE IMMOKALEE ROAD – ESTATES COMMERCIAL SUBDISTRICT TO INCREASE THE MAXIMUM COMMERCIAL GROSS FLOOR AREA FROM 100,000 TO 130,000 SQUARE FEET WITH NO CHANGE TO THE INDOOR SELF-STORAGE FLOOR AREA AND TO ADD INDOOR GOLF CART RETAIL SALES AS A Page 283 of 5419 September 24,2024 Page 269 PERMITTED USE; AND FURTHERMORE, DIRECTING TRANSMITTAL OF THE ADOPTED AMENDMENT TO THE FLORIDA DEPARTMENT OF COMMERCE; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. THE SUBJECT PROPERTY, CONSISTING OF ±21.82 ACRES, IS LOCATED APPROXIMATELY ONE-HALF MILE NORTH OF RANDALL BOULEVARD ON THE WEST SIDE OF IMMOKALEE ROAD, IN SECTION 22, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. (PL20230018187) (COMPANION TO ITEM 17C (PL200230017803) – IMPACT FEES AND TAXES COLLECTED WERE NOT INCLUDED IN THE CRITERIA USED BY STAFF AND THE CCPC TO ANALYZE THIS PETITION Item #17E ORDINANCE 2024-38: AN ORDINANCE AMENDING ORDINANCE NO. 2022-13, AS AMENDED, THE GOLDEN GATE GOLF COURSE MIXED-USE PLANNED UNIT DEVELOPMENT (MPUD) TO REMOVE THE PUBLIC USE TRACT AND INCREASE THE ACREAGE OF THE COMMUNITY FACILITY TRACT; TO ADD ADULT DAY CARE/HEALTH CARE AS AN ACCESSORY USE; AND ADD DEVIATIONS RELATING TO THE GREENWAY AND GOLF PRO SHOP. THE SUBJECT PROPERTY, CONSISTING OF 171.6+/- ACRES, IS LOCATED ON THE SOUTHWEST CORNER OF GOLDEN GATE PARKWAY AND COLLIER BOULEVARD IN SECTION 27, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. (PL20230002800) - THE TRANSPORTATION PLANNING STAFF FINDS THE PETITION CONSISTENT WITH THE GMP Page 284 of 5419 September 24,2024 Page 270 Item #17F RESOLUTION 2024-180: PETITION VAC-PL20240006584, TO DISCLAIM, RENOUNCE, AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN THE SIX-FOOT DRAINAGE EASEMENT LOCATED ALONG THE BORDER BETWEEN LOTS 42 AND 43 OF AVONDALE ESTATE, AS RECORDED IN PLAT BOOK 4, PAGE 45 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED APPROXIMATELY 400 FEET SOUTH OF DAVIS BLVD., AND 800 FEET EAST OF COMMERCIAL DRIVE, IN SECTION 11, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA Item #17G ORDINANCE 20024-39: AN ORDINANCE AMENDING ARTICLE IV, SECTION 22 -110, “EXCAVATION REVIEW PROCEDURES,” OF THE CODE OF LAWS AND ORDINANCES OF COLLIER COUNTY TO ALLOW STAFF TO ADMINISTRATIVELY APPROVE LIMITED EXCAVATION REMOVAL AS PART OF A DEVELOPMENT EXCAVATION PERMIT Item #17H ORDINANCE 2024-40: AN ORDINANCE AMENDING ORDINANCE 2023-64, WHICH ADOPTED THE FLORIDA BUILDING CODE, EIGHTH EDITION (2023), BY ADDING CERTAIN AMENDMENTS - THIS ORDINANCE AMENDS SECTION 110.3 TO REQUIRE A SPOT SURVEY TO BE PROVIDED AFTER A FOUNDATION INSPECTION IS PASSED Page 285 of 5419 September 24,2024 Page 271 OR PRIOR TO A STRUCTURE RECEIVING A CERTIFICATE OF OCCUPANCY OR CERTIFICATE OF COMPLETION IF THERE IS NO FOUNDATION INSPECTION Item #17I RESOLUTION 2024-181: A RESOLUTION APPROVING AMENDMENTS (APPROPRIATING CARRY FORWARD, TRANSFERS AND SUPPLEMENTAL REVENUE) TO THE FISCAL YEAR 2024-25 ADOPTED BUDGET - PUBLIC HEARING TO AMEND THE BUDGET FOR FISCAL YEAR 2024- 25 Item #17J RESOLUTION 2024-182: A RESOLUTION APPROVING AMENDMENTS (APPROPRIATING CARRY FORWARD, TRANSFERS AND SUPPLEMENTAL REVENUE) 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.) Page 286 of 5419 September 24,2024 Page 272 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 5:20 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL ___________________________________ CHRIS HALL, CHAIRMAN ATTEST CRYSTAL K. KINZEL, CLERK These minutes approved by the Board on ____________, as presented ______________ or as corrected _____________. TRANSCRIPT PREPARED ON BEHALF OF FORT MYERS COURT REPORTING BY TERRI L. LEWIS, REGISTERED PROFESSIONAL COURT REPORTER, FPR-C, AND NOTARY PUBLIC. Page 287 of 5419