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BCC Minutes 03/28/2023March 28, 2023 Page 1 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, March 28, 2023 LET IT BE REMEMBERED, that the Board of County Commissioners, in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following Board members present: Chairman: Rick LoCastro Chris Hall Dan Kowal William L. McDaniel, Jr. Burt L. Saunders (Telephonically) ALSO PRESENT: Amy Patterson, County Manager Daniel Rodriguez, Deputy County Manager Jeffrey A. Klatzkow, County Attorney Crystal K. Kinzel, Clerk of the Circuit Court & Comptroller Troy Miller, Communications & Customer Relations Page 1 March 28, 2023 COLLIER COUNTY Board of County Commissioners Community Redevelopment Agency Board (CRAB) Airport Authority AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples, FL 34112 March 28, 2023 9:00 AM Commissioner Rick LoCastro, District 1; – Chair Commissioner Chris Hall, District 2; – Vice Chair Commissioner Burt Saunders, District 3 Commissioner Dan Kowal, District 4; – CRAB Co-Chair Commissioner William L. McDaniel, Jr., District 5; – CRAB Co-Chair NOTICE: ALL PERSONS WISHING TO SPEAK ON AGENDA ITEMS MUST REGISTER PRIOR TO PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. ADDITIONAL MINUTES MAY BE CEDED TO AN IN-PERSON SPEAKER BY OTHER REGISTERED SPEAKERS WHO MUST BE PRESENT AT THE TIME THE SPEAKER IS HEARD. NO PUBLIC SPEAKERS WILL BE HEARD FOR PROCLAMATIONS, PRESENTATIONS AND PUBLIC PETITIONS. SPEAKERS ON PRESENTATIONS ARE LIMITED TO 10 MINUTES, UNLESS EXTENDED BY THE CHAIRMAN. ALL PERSONS WISHING TO SPEAK ON A CONSENT ITEM MUST REGISTER PRIOR TO THE BOARD’S APPROVAL OF THE DAY’S CONSENT AGENDA, WHICH IS HEARD AT THE BEGINNING OF THE MEETING FOLLOWING THE PLEDGE OF ALLEGIANCE. Page 2 March 28, 2023 ANYONE WISHING TO ADDRESS THE BOARD ON PUBLIC PETITION MUST SUBMIT THE REQUEST IN WRITING TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING. THE REQUEST SHALL PROVIDE DETAILED INFORMATION AS TO THE NATURE OF THE PETITION. THE PUBLIC PETITION MAY NOT INVOLVE A MATTER ON A FUTURE BOARD AGENDA AND MUST CONCERN A MATTER IN WHICH THE BOARD CAN TAKE ACTION. PUBLIC PETITIONS ARE LIMITED TO A SINGLE PRESENTER, WITH A MAXIMUM TIME OF TEN MINUTES, UNLESS EXTENDED BY THE CHAIRMAN. SHOULD THE PETITION BE GRANTED, THE ITEM WILL BE PLACED ON A FUTURE AGENDA FOR A PUBLIC HEARING. ANYONE WISHING TO ADDRESS THE BOARD ON GENERAL TOPICS NOT ON THIS AGENDA OR A FUTURE AGENDA MUST REGISTER TO SPEAK PRIOR TO THE PUBLIC COMMENT PORTION OF THE AGENDA BEING CALLED BY THE CHAIRMAN. SPEAKERS WILL BE LIMITED TO THREE MINUTES, AND NO ADDITIONAL MINUTES MAY BE CEDED TO THE SPEAKER. AT THE CHAIRMAN’S DISCRETION, THE NUMBER OF PUBLIC SPEAKERS MAY BE LIMITED TO 5 FOR THAT MEETING. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDING PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. COLLIER COUNTY ORDINANCE NO. 2003-53 AS AMENDED BY ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DIVISION LOCATED AT 3335 EAST TAMIAMI TRAIL, SUITE 1, NAPLES, FLORIDA, 34112-5356, (239) 252-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN Page 3 March 28, 2023 THE FACILITIES MANAGEMENT DIVISION. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. Invocation and Pledge of Allegiance A. Invocation by Reverend Edward Gleason, Trinity-by-the-Cove Episcopal Church. 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended (Ex Parte Disclosure provided by Commission members for consent agenda.) B. February 28, 2023, BCC Meeting Minutes C. February 21, 2023, BCC Workshop Meeting Minutes 3. AWARDS AND RECOGNITIONS A. EMPLOYEE 1) 20 YEAR ATTENDEES a) 20 Years - Irene Johnson - Library - Program Coordinator b) 20 Years - Dennis Linguidi - Information Technology - Network Administrator II c) 20 Years - Corey Ford - Public Utilities Engineering & Project Management - Applications Analyst II 2) 25 YEAR ATTENDEES a) 25 Years - John Kennedy, Facilities Management - Tradesworker - Structural/General III b) 25 Years - Jeanne Marcella - Transportation Management Services - Administrative Support Specialist II Page 4 March 28, 2023 3) 30 YEAR ATTENDEES 4) 35 YEAR ATTENDEES B. ADVISORY BOARD MEMBERS C. RETIREES D. EMPLOYEE OF THE MONTH 4. PROCLAMATIONS A. Proclamation designating April 2023 as Child Abuse Prevention Month in Collier County. To be accepted by Linda Goldfield, CEO, Youth Haven. B. Proclamation designating April 16 - 23, 2023, as Pickleball Week in Collier County. To be accepted by Terri Graham and Chris Evon, co-founders of Minto US OPEN Pickleball Championships. C. Proclamation designating March 26 - April 1, 2023, as the 40th Anniversary of Know Your County Government Week in Collier County. To be accepted by Tish Roland, Collier County University Extension/4-H Youth Development, Mikie Stroh, Collier County Public Schools, Diane Moore, League of Women Voters, and participating youth from Collier County Public Schools. 5. PRESENTATIONS 6. PUBLIC PETITIONS 7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA 8. BOARD OF ZONING APPEALS 9. ADVERTISED PUBLIC HEARINGS A. This item is Continued from the February 28, 2023, BCC Meeting. Recommendation that the Board adopts an Ordinance creating the unpaved private road emergency repair municipal service taxing unit by authorizing a Page 5 March 28, 2023 levy of not to exceed one (1.0) mil of ad valorem taxes per year. (All Districts) B. This item is continued from the June 28, 2022, and July 12, 2022, BCC Meetings. A Resolution of the Board of County Commissioners proposing County-initiated amendments to the Collier County Growth Management Plan, Ordinance 89-05, as amended, to address housing initiatives to allow affordable housing by right in certain commercial zoning districts with a sunset date; to increase density for affordable housing; to establish a Strategic Opportunity Sites Subdistrict; and to increase density for affordable housing projects along Collier Area Transit routes; specifically amending the Future Land Use Element and Future Land Use Map; Golden Gate City Sub-Element of Golden Gate Area Master Plan Element and Future Land Use Map; the Immokalee Area Master Plan Element and Future Land Use Map; and adding a policy to the Transportation Element pertaining to affordable housing along transit routes; and furthermore directing transmittal of these amendments to the Florida Department of Economic Opportunity. [PL20210000660] (All Districts) 10. BOARD OF COUNTY COMMISSIONERS A. Recommendation to direct the County Attorney to advertise and bring back for a public hearing an Ordinance establishing the Collier County Health Freedom Bill of Rights, and to adopt the Collier County Health Freedom Resolution. (Sponsored by Commissioner Hall) (All Districts) B. Recommendation to nominate and appoint up to eight members to the County Government Productivity Committee. (All Districts) 11. COUNTY MANAGER'S REPORT A. Recommendation to award Construction Invitation to Bid (“ITB”) No. 23- 8058, “Golden Gate City Transmission Water Main Improvements - Phase 1A - Golf Course” to Accurate Drilling Systems, Inc., in the amount of $4,008,590, and authorize the Chairman to sign the attached Agreement. (Project #70253) (Companion to Items #11B and #11C) (Matt McLean, Public Utilities Engineering Division Director) (District 3) B. Recommendation that the Board of County Commissioners, ex-officio of the Collier County Water-Sewer District, award Request for Professional Page 6 March 28, 2023 Services (“RPS”) No. 22-8042 for “CEI Services for Golden Gate City Transmission Water Main Improvements,” to AIM Engineering and Surveying, Inc., in the amount of $1,817,423.25, and authorize the Chairman to sign the attached agreement. (Project #70253) (Companion to Items #11A and #11C) (Matt McLean, Public Utilities Engineering Division Director) (District 3) C. Recommendation to authorize budget amendments to reallocate $15,000,000 funding within CWS Bond #2 Proceeds Fund (419) and to reallocate $1,173,628 debt service funding between the CWS Operating Fund (408), Water Impact Fee Fund (411) and Wastewater Impact Fee Capital Fund (413). (Companion to Items #11A and #11B) (Matt McLean, Public Utilities Engineering Division Director) (All Districts) D. Recommendation to approve the purchase of Property, Boiler & Machinery, Terrorism, and Watercraft Hull insurance as outlined in the Executive Summary and authorize the County Manager or designee to complete any applications or other documents necessary to bind coverage and services for a one-year period effective April 1, 2023. Additionally, approval to purchase a thirty (30) days coverage extension is requested in the event it is required for the purposes of avoiding a gap in coverage and to better negotiate the terms and conditions of the renewal. (Michael K. Quigley, Division Director, Risk Management) (All Districts) E. Recommendation to accept and approve an Amended and Restated Disposal Capacity Agreement with Okeechobee Landfill, Inc., a Florida Corporation, for a term of five years, beginning July 1, 2023, with one five (5) year renewal option, providing for the transfer and disposal of biosolids, and to reserve airspace for storm generated debris from a natural disaster. (Kari Ann Hodgson, P.E., Director, Solid & Hazardous Waste Management Division) (All Districts) F. Recommendation to adopt a policy for the use of the Workforce Housing Land Acquisition portion of the voter-approved Local Government Infrastructure One-Cent Sales Surtax. (Cormac Giblin, Interim Director, Economic Development and Housing Division) (All Districts) G. Recommendation to adopt the 2023 Strategic Plan with the inclusion of minor changes based upon direction received at the Board Workshop on February 21, 2023 and provide direction on Board and County Manager's Page 7 March 28, 2023 Office priority initiatives. (Ed Finn, Deputy County Manager) (All Districts) H. Recommendation to approve an Agreement for Sale and Purchase with: (1) Brian Blocker; (2) Maximo Guerra and Sigrid Guerra; (3) Andrew J. Ruben and Nancy L. Ruben, Trustees of the Andrew J. Ruben and Nancy L. Ruben Revocable Trust, dated July 30, 2021; (4) Tamera Sparkman, formerly known as Tamera Gibson-Demello; and (5) Paul Michael Zani and Ashley Christina Zani under the Conservation Collier Land Acquisition Program, at a cost not to exceed $371,300 and accept a Project Status Update. (Ed Finn, Deputy County Manager) (District 5) 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY A. AIRPORT B. COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA BY INDIVIDUALS NOT ALREADY HEARD DURING PREVIOUS PUBLIC COMMENTS IN THIS MEETING B. STAFF PROJECT UPDATES C. STAFF AND COMMISSION GENERAL COMMUNICATIONS ------------------------------------------------------------------------------------------------------------ 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. ------------------------------------------------------------------------------------------------------------ Page 8 March 28, 2023 A. GROWTH MANAGEMENT DEPARTMENT 1) Recommendation to approve final acceptance and accept the conveyance of the potable water and sewer utility facilities for Ardena, PL20210000845, and authorize the County Manager, or designee, to release the Final Obligation Bond in the total amount of $4,000 to the Project Engineer or the Developer’s designated agent. (District 2) 2) Recommendation to approve final acceptance and accept the conveyance of the potable water and sewer utility facilities for Azure at Hacienda Lakes - Phase 3, PL20200002390, and authorize the County Manager, or designee, to release the Final Obligation Bond in the total amount of $4,000 to the Project Engineer or the Developer’s designated agent. (District 1) 3) Recommendation to approve final acceptance of the potable water and sewer facilities and accept the conveyance of the potable water and sewer facilities for Soluna, PL20220006195. (District 3) 4) Recommendation to approve final acceptance of the potable water utility facilities and accept the conveyance of the water facilities for Terreno at Valencia Golf and Country Club Phase 1A-1 (Water Only), PL20220008880. (District 5) 5) Recommendation to approve a Resolution for final acceptance of the private roadway and drainage improvements, and acceptance of the plat dedications, for the final plat of Esplanade Golf and Country Club of Naples Benvenuto Court, Application Number PL20150002533 (FP) and Application Number PL20150002208 (SDP) and authorize the release of the maintenance security in the amount of $289,141.69. (District 3) 6) Recommendation to approve a Resolution for final acceptance of the private roadway and drainage improvements, and acceptance of the plat dedications, for the final plat of Price Street Plaza, Application Number PL20170001084 (FP) and Application Number PL20150000343 (SDP) and authorize the release of the maintenance security in the amount of $105,488.61. (District 1) Page 9 March 28, 2023 7) Recommendation to approve an agreement for the purchase of Parcel 101FEE required for construction of the Veterans Memorial Boulevard Extension (Phase 2), Project #60198. Estimated Fiscal Impact: $3,411,575. The source of funding is impact fees and/or gas taxes. (District 2) 8) Recommendation to approve the selection committee’s ranking and authorize staff to begin contract negotiations with the top four ranked firms related to Request for Professional Services (“RPS”) No. 22- 8054, “CEI Continuing Services Agreement for Transportation Engineering,” so that proposed agreements may be brought back for the Board’s consideration at a future meeting. (All Districts) 9) Recommendation to adopt a Resolution to hold a public hearing to consider vacating two unimproved 30-foot-wide public rights-of-way, described as Avenue “B” and First Street, according to the Col-Lee- Co Terrace Subdivision Plat, as recorded in Plat Book 1, page 32 of the Public Records of Collier County, Florida. The subject property is located on the south side of U.S. 41 between Fredrick Street and Palm Street in Section 11, Township 50 South, Range 25 East, Collier County, Florida. (Petition VAC-PL20220000374) (District 4) 10) Recommendation to approve the expenditure of Tourist Development Tax funding in the amount of $300,000 for a Purchase Order to Crowder-Gulf Joint Venture, Inc. to provide removal of marine debris and other biological debris on the beaches and waterways of Collier County due to red tide, approve all necessary budget amendments, and make a finding that this item promotes tourism. (Project No. 90077) (All Districts) 11) Recommendation to approve the Collier Area Transit Title VI Program Update ensuring equal access to any person without regard to race, color, or national origin and authorize its submittal to Federal Transit Administration (FTA). (All Districts) B. COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation that the Collier County Community Redevelopment Agency and the Board of County Commissioners review and accept the 2022 Annual Reports for the two community redevelopment Page 10 March 28, 2023 component areas: Bayshore Gateway Triangle and Immokalee and publish the reports on the appropriate websites. (All Districts) C. PUBLIC UTILITIES DEPARTMENT 1) Recommendation to award Invitation to Bid (“ITB”) No. 22-8088, “Collier County Sheriff’s Special Operations Building Flooring Replacement” Project, to Wayne Wiles Floorcoverings, Inc., in the amount of $104,900, authorize the Chairman to sign the attached agreement. (District 4) 2) Recommendation to approve a First Amendment to Agreement No. 14-6188 with Tetra Tech, Inc., for “FEMA Acceptable Monitoring for Disaster Generated Debris,” to exercise the last renewal term through July 7, 2024, to adjust the fee schedule rates effective as of October 4, 2022, through July 7, 2024, and authorize the Chairman to sign the attached amendment. (All Districts) 3) To award Invitation to Bid (“ITB”) No. 22-8034, “Fire Safety Systems Repair, Maintenance & Replacement,” to Dynafire, LLC, as the primary vendor, and National Security Fire Alarm Systems, LLC, as the secondary vendor, and authorize the Chairman to sign the attached agreements. (All Districts) 4) Recommendation to approve Change Order No. 15 to Collier County Sport Complex Phase 2.1 and 2.2A under the Sixth Amendment to Agreement No. 17-7198 with Manhattan Construction (Florida), Inc., resulting in a net reduction in the amount of $142,028.01. (District 3, District 5) 5) Recommendation to 1) approve the attached Agreement and Access and Utility Easement to allow VB BTS, II, LLC, access to its proposed communications tower through Palm Springs Neighborhood Park and authorize the Chairman to execute same on behalf of the Board of County Commissioners; 2) Direct the County Manager or her designee, to record the Access and Utility Easement in the Public Records of Collier County, Florida; and 3) Direct staff to ensure that all proposed improvements discussed herein are part of and incorporated within the SDP (PL20210000655) (District 1) Page 11 March 28, 2023 6) Recommendation to approve the First Amendment to Agreement No. 15-6365 with Ceres Environmental Services, Inc. for “FEMA Acceptable Debris Removal for Disaster Generated Debris,” to adjust the fee schedule rates. (All Districts) D. PUBLIC SERVICES DEPARTMENT 1) Recommendation to accept an award from the Florida Department of State Division of Historical Resources in the amount of $256,436 for restoration of the historic cottages at Mar-Good Harbor Park in Goodland with a required one-to-one match and ten (10) year restrictive covenants, authorize the Chairman to sign the attached agreement and authorize the necessary Budget Amendments. (Public Service Grant Fund 709 and Public Service Match Fund 710) (All Districts) 2) Recommendation to approve and authorize the Chairman to sign two (2) First Amendments to the U.S. Housing and Urban Development Emergency Solutions Grants Program subrecipient agreements between the Collier County Board of County Commissioners, The Shelter for Abused Women & Children, Inc., and Youth Haven, Inc., to modify the period of performance. (Housing Grant Fund 705) (All Districts) 3) Recommendation to approve and authorize the Chairman to sign the First Amendment to the subrecipient agreement between Collier County and Project HELP, Inc., utilizing U.S. Housing and Urban Development Community Development Block Grant Program funding in the amount of $59,000. (Housing Grant Fund 705) (All Districts) 4) Recommendation to approve an “After-the-Fact” agreement with the Area Agency on Aging for Southwest Florida, Inc., American Rescue Plan Act funding under the Home-Based Community Services- Enhanced Home Care for the Elderly grant program for the Collier County Services for Seniors Program and authorize the necessary Budget Amendment in the amount of $334,665.56. (Human Service Grant Fund 707) (All Districts) 5) Recommendation to authorize the Chairman to sign a mortgage satisfaction as a result of Collier Housing Alternatives, Inc., meeting Page 12 March 28, 2023 the 20-year loan term and full repayment and approve a Budget Amendment to recognize $34,333.99 in program income for the State Housing Initiatives Partnership Program Fiscal Year 2022-2023 (SHIP Grant Fund 791). (All Districts) 6) Recommendation to approve the Conservation Collier Rattlesnake Hammock Preserve Final Management Plan under the Conservation Collier Program. (All Districts) E. ADMINISTRATIVE SERVICES 1) Recommendation to approve an Assumption Agreement assigning all rights, duties, and benefits and obligations to Weatherproofing Technologies, Inc., under Agreement #18-7403, “Indoor Air Quality Testing” and authorize the Chairman to sign the attached Agreement." (All Districts) 2) Recommendation to approve an Assumption Agreement assigning all rights, duties, and benefits and obligations to Carolina Filters Inc., under Agreement #22-7974, “Cartridge Filters for Water Treatment Plants” and authorize the Chairman to sign the attached Agreement. (All Districts) 3) Recommendation to authorize necessary budget amendment for the executed Memorandum of Understanding (MOU) between Collier County Emergency Medical Service (EMS) and Community & Human Services Division for the Public Health Infrastructure project in the amount of $1,700,000.00, for the purchase of equipment and delivery costs of up to four new ambulances and four light body trucks under the American Rescue Plan Act, Local Fiscal Recovery Fund, and authorize the County Manager or designee to sign a Letter of Intent for a non-binding reservation the purchase of equipment, products, or services under this MOU for ARP21-23, replacing Subrecipient Agreement ARP21-19. (All Districts) 4) Recommendation to approve the sale and disposal of surplus assets per Resolution 2013-095 via public auction on April 22, 2023; approve the addition of surplus items received subsequent to the approval of this Agenda Item for sale in the auction; and authorize the Procurement Director, as designee for County Manager, to sign for the Page 13 March 28, 2023 transfer of vehicle titles. (All Districts) 5) Recommendation to approve the administrative report prepared by the Procurement Services Division for various County Division's After- the-Fact purchases requiring Board approval in accordance with Procurement Ordinance 2017-08 and the Procurement Manual, as well as, to approve the payment of $59,120.62 in expenditures that have been incurred that were out of compliance with the contracts or procurement requirements for associated invoices that have not been paid. (All Districts) 6) Recommendation to approve the administrative report prepared by the Procurement Services Division for disposal of property that is no longer viable and then removal from the County’s capital asset records. (All Districts) F. COUNTY MANAGER OPERATIONS 1) Recommendation to adopt a Resolution approving amendments (appropriating grants, donations, contributions, or insurance proceeds) to the FY22-23 Adopted Budget. (The budget amendments in the attached Resolution have been reviewed and approved by the Board of County Commissioners via separate Executive Summaries.) (All Districts) 2) Recommendation to 1) Accept the findings of the Board’s Emergency Medical Authority; 2) Accept the findings of the Director of the Bureau of Emergency Services; 3) Grants the Certificate of Public Convenience and Necessity to MedTrek Medical Transport, Inc.; 4) Authorizes the Chairman to execute the Permit and Certificate; and 5) Approve a Budget Amendment to recognize and appropriate the $250 application fee. (All Districts) G. AIRPORT AUTHORITY H. BOARD OF COUNTY COMMISSIONERS 1) Recommendation to adopt a Resolution establishing an East of 951 Ad Hoc Advisory Committee. (District 3, District 5) Page 14 March 28, 2023 I. MISCELLANEOUS CORRESPONDENCE J. OTHER CONSTITUTIONAL OFFICERS 1) To record in the minutes of the Board of County Commissioners, the check number (or other payment method), amount, payee, and purpose for which the referenced disbursements were drawn for the periods between March 2, 2023, and March 15, 2023, pursuant to Florida Statute 136.06. (All Districts) 2) Request that the Board approve and determine valid public purpose for invoices payable and purchasing card transactions as of March 22, 2023. (All Districts) K. COUNTY ATTORNEY 1) Recommendation to approve and authorize the Chairman to execute a Settlement Agreement with Naples Golf Development, LLC, for settlement of a Bert Harris Claim filed pursuant to Florida Statutes §70.001, related to application of the County’s Golf Course Conversion Ordinance on the Links of Naples Golf Course. (All Districts) 2) Recommendation to appoint two members to the Forest Lakes Roadway & Drainage Advisory Committee. (District 4) ------------------------------------------------------------------------------------------------------------ 17. SUMMARY AGENDA - This section is for advertised public hearings and must meet the following criteria: 1) A recommendation for approval from staff; 2) Unanimous recommendation for approval by the Collier County Planning Commission or other authorizing agencies of all members present and voting; 3) No written or oral objections to the item received by staff, the Collier County Planning Commission, other authorizing agencies or the Board, prior to the commencement of the BCC meeting on which the items are scheduled to be heard; and 4) No individuals are registered to speak in opposition to the item. For those items which are quasi-judicial in nature, all participants must be sworn in. ------------------------------------------------------------------------------------------------------------ Page 15 March 28, 2023 A. Recommendation to adopt a resolution approving amendments (appropriating carry forward, transfers, and supplemental revenue) to the FY22-23 Adopted Budget. (The budget amendments in the attached Resolution have been reviewed and approved by the Board of County Commissioners via separate Executive Summaries.) (All Districts) 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD’S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER’S OFFICE AT 252-8383. March 28, 2023 Page 2 CHAIRMAN LoCASTRO: If I could have everyone's attention, we're going to get started in about 60 seconds. So if I can have you all take your seats, and I'll also remind you to put your cell phones on silence. We don't want to hear your theme to a movie or, you know, your favorite song or anything like that. So we'd appreciate it. We're going to start promptly at 9:00 a.m. So I appreciate everyone taking their seats. Thank you. (A brief recess was had.) CHAIRMAN LoCASTRO: Okay. Good morning, everyone. County Manager. MS. PATTERSON: Good morning, everyone. We're going to start with our invocation from Reverend Nicholas Caccese, Trinity by the Cove Episcopal Church. Item #1A INVOCATION GIVEN BY REVEREND EDWARD GLEASON, TRINITY-BY-THE-COVE EPISCOPAL CHURCH REVEREND CACCESE: Thank you. Let us pray. Almighty God, teach our people to rely on your strength and to accept their responsibilities to their fellow citizens, that they may elect trustworthy leaders and make wise decisions for the well-being of our society, that we may serve you faithfully in our generation and honor your holy name, and we pray you send down upon those who hold office in this county the spirit of wisdom, charity, and justice, that with steadfast purpose they may faithfully serve in their offices to promote the well-being of all people. We offer these, our petitions and desires, through your holy name. Amen. CHAIRMAN LoCASTRO: Now we have students here that March 28, 2023 Page 3 are going to lead us in the Pledge. If you all would come forward. (The Pledge of Allegiance was recited in unison.) CHAIRMAN LoCASTRO: The flags are out of sync. MS. PATTERSON: Commissioners, if we could get a motion to allow Commissioner Saunders to participate by phone today. COMMISSIONER McDANIEL: Are we sure we want to do that? I'll make that motion. CHAIRMAN LoCASTRO: Okay. We've got a motion. Do I have a second? COMMISSIONER KOWAL: Second. CHAIRMAN LoCASTRO: Okay. All in favor? COMMISSIONER HALL: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN LoCASTRO: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN LoCASTRO: Opposed? (No response.) CHAIRMAN LoCASTRO: It passes unanimously. Good morning, Commissioner Saunders. I know you're under the weather. I appreciate you dialing in. COMMISSIONER SAUNDERS: Thank you, Mr. Chairman. Can you hear me okay? CHAIRMAN LoCASTRO: We can, but it sounds like there's gondolas in the background, or are you somewhere in Europe? Just -- no, I know you're very sick. I can tell. And, yes, sir, we can hear you. And I'll make sure I defer to you so you don't fall through the crack on the conversations and definitely the votes as well. So I appreciate you calling in this morning, sir. COMMISSIONER SAUNDERS: Well, yeah, thank you. I really appreciate it. I just didn't want to spread any disease around there, so thank you. March 28, 2023 Page 4 CHAIRMAN LoCASTRO: Yes, sir. COMMISSIONER McDANIEL: Very appropriate. CHAIRMAN LoCASTRO: Okay. Item #2A APPROVAL OF TODAY'S REGULAR, CONSENT AND SUMMARY AGENDA AS AMENDED (EX PARTE DISCLOSURE PROVIDED BY COMMISSION MEMBERS FOR CONSENT AGENDA.) -APPROVED AND/OR ADOPTED W/CHANGES MS. PATTERSON: Chair, this brings us to the proposed agenda changes for the Board of County Commissioners meeting of March 28th, 2023. We have a couple of changes for today. First is move Item 16K1 to 12A. This is a recommendation to approve and authorize the Chairman to execute a settlement agreement with Naples Golf Development, LLC, for settlement of a Bert Harris Claim filed pursuant to Florida Statutes 70.001 related to application of the county's Golf Course Conversion Ordinance on the Links of Naples Golf Course. This is being moved at Commissioner McDaniel's request. Item 3A2b to be continued to the April 11th, 2023, BCC meeting. This is the 25-year recognition for Jeanne Marcella, Transportation Management Services, Administrative Support Specialist II. This is being moved at staff's request. Item 16C5 to be continued to the April 11th, 2023, meeting. This is a recommendation to, one, approve the attached Agreement and Access and Utility Easement to allow VB BTS, II, LLC, access to its proposed communications tower through Palm Springs March 28, 2023 Page 5 Neighborhood Park, and authorize the Chairman to execute the same on behalf of the Board of County Commissioners; two, direct the County Manager or her designee to record the Access and Utility Easement in the public records of Collier County, Florida, and; three, direct staff to ensure that all proposed improvements discussed herein are part of and incorporated within the SDP. This is being moved at staff's request. One correction to the index title for 16C1: The ITB number should be 23-8088 rather than what was published in the agenda index of 22-8088. We have a time-certain, Item 10A, to be heard at 10:00 a.m., which is to advertise and bring back for a hearing for an ordinance for the Collier County Health Freedom Bill of Rights, and to adopt the Collier County Health Freedom Resolution. And we have court reporter breaks set for 10:30 and 2:50. With that, I will turn it over to the County Attorney for any changes. MR. KLATZKOW: No further changes. Thank you. MS. PATTERSON: And to you, Chair, and the Board members for any further changes. CHAIRMAN LoCASTRO: Commissioner Kowal, do you have any changes? COMMISSIONER KOWAL: No changes. CHAIRMAN LoCASTRO: Okay. Commissioner Hall? COMMISSIONER HALL: No, sir. CHAIRMAN LoCASTRO: Commissioner McDaniel? COMMISSIONER McDANIEL: No changes or -- CHAIRMAN LoCASTRO: Any ex parte? COMMISSIONER McDANIEL: -- or ex parte. CHAIRMAN LoCASTRO: Anything? COMMISSIONER HALL: No ex parte. March 28, 2023 Page 6 COMMISSIONER KOWAL: Okay. No ex parte. CHAIRMAN LoCASTRO: And I have no changes or ex parte either. Okay. Commissioner Saunders, any changes or ex parte? COMMISSIONER SAUNDERS: No changes and no ex parte. Thank you. CHAIRMAN LoCASTRO: Okay. Great. All right. MS. PATTERSON: Item 2A, approval of today's regular, consent, and summary agenda as amended. CHAIRMAN LoCASTRO: Okay. So do I have a motion to accept the changes? COMMISSIONER McDANIEL: Did we -- I'll make a motion for approval of today's agenda as amended. CHAIRMAN LoCASTRO: As amended, okay. Do I have a second? COMMISSIONER HALL: Second. COMMISSIONER KOWAL: Second. CHAIRMAN LoCASTRO: Okay. All in favor? COMMISSIONER HALL: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN LoCASTRO: Aye. COMMISSIONER KOWAL: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN LoCASTRO: Opposed? (No response.) CHAIRMAN LoCASTRO: It passes unanimously. SEE REVERSE SIDE  Proposed Agenda Changes Board of County Commissioners Meeting March 28, 2023 Move Item 16K1 to 12A: Recommendation to approve and authorize the Chairman to execute a Settlement Agreement with Naples Golf Development, LLC, for settlement of a Bert Harris Claim filed pursuant to Florida Statutes §70.001, related to application of the County’s Golf Course Conversion Ordinance on the Links of Naples Golf Course. (All Districts) (Commissioner McDaniel’s Request) Item 3A2b to be continued to the April 11, 2023 BCC Meeting: 25 Years - Jeanne Marcella - Transportation Management Services - Administrative Support Specialist II (Staff’s Request) Item 16C5 to be continued to the April 11, 2023: Recommendation to 1) approve the attached Agreement and Access and Utility Easement to allow VB BTS, II, LLC, access to its proposed communications tower through Palm Springs Neighborhood Park and authorize the Chairman to execute same on behalf of the Board of County Commissioners; 2) Direct the County Manager or her designee, to record the Access and Utility Easement in the Public Records of Collier County, Florida; and 3) Direct staff to ensure that all proposed improvements discussed herein are part of and incorporated within the SDP (PL20210000655). (District 1) (Staff’s Request) Notes: Correction to the Index Title for 16C1: The ITB # should be 23-8088 rather than what was published in the agenda Index of 22-8088. TIME CERTAIN ITEMS: Item 10A to be heard at 10:00 AM: Advertise and bring back for a hearing for an ordinance for the Collier County Health Freedom Bill of Rights, and to adopt the Collier County Health Freedom Resolution. 5/24/2023 2:18 PM March 28, 2023 Page 7 Item #2B FEBRUARY 28, 2023, BCC MEETING MINUTES - APPROVED AS PRESENTED MS. PATTERSON: Item 2B, February 28th, 2023, BCC minutes. COMMISSIONER McDANIEL: Make a motion for approval as printed. COMMISSIONER HALL: Second. CHAIRMAN LoCASTRO: All in favor? COMMISSIONER HALL: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN LoCASTRO: Aye. COMMISSIONER KOWAL: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN LoCASTRO: Opposed? (No response.) CHAIRMAN LoCASTRO: It passes unanimously. Item #2C FEBRUARY 21, 2023, BCC WORKSHOP MEETING MINUTES - APPROVED AS PRESENTED MS. PATTERSON: Item 2C is approval of the February 21st, 2023, BCC workshop meeting minutes. CHAIRMAN LoCASTRO: Motion to approve? COMMISSIONER KOWAL: Motion. CHAIRMAN LoCASTRO: Second. Okay. All in favor? March 28, 2023 Page 8 COMMISSIONER HALL: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN LoCASTRO: Aye. COMMISSIONER KOWAL: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN LoCASTRO: Opposed? (No response.) CHAIRMAN LoCASTRO: It passes unanimously. MS. PATTERSON: This moves us to awards and recognitions. We have several today. Item #3A1 AWARDS AND RECOGNITIONS- IRENE JOHNSON, LIBRARY PROGRAM COORDINATOR – PRESENTED Item 3A1, 20-year attendees. Item 3A1a, 20 years, Irene Johnson, Library, Program Coordinator. (Applause.) CHAIRMAN LoCASTRO: Does Commissioner McDaniel have any late library books or anything we need to -- I thought so. MS. JOHNSON: Yes, yes, very many. COMMISSIONER McDANIEL: Somebody give her a check. MS. JOHNSON: I was not ready. COMMISSIONER KOWAL: Congratulations. CHAIRMAN LoCASTRO: Congratulations. (Applause.) MS. JOHNSON: Thank you very much. Item #3A1B March 28, 2023 Page 9 AWARDS AND RECOGNITIONS- DENNIS LINGUIDI, INFORMATION TECHNOLOGY NETWORK ADMINISTRATOR II- PRESENTED MS. PATTERSON: Item 3A1b, 20 years, Dennis Linguidi, Information Technology, Network Administrator II. COMMISSIONER McDANIEL: Who? (Applause.) Item #3A1C AWARDS AND RECOGNITIONS - COREY FORD, PUBLIC UTILITIES ENGINEERING & PROJECT MANAGEMENT APPLICATIONS ANALYST II – PRESENTED MS. PATTERSON: Item 3A1c, 20 years, Corey Ford, Public Utilities Engineering and Project Management, Applications Analyst II. (Applause.) MS. PATTERSON: Item 3A2, our 25-year attendees. Item #3A2A AWARDS AND RECOGNITIONS JOHN KENNEDY, FACILITIES MANAGEMENT TRADESWORKER STRUCTURAL/GENERAL III- PRESENTED Item 3A2a, 25 years, John Kennedy, Facilities Management, Tradesworker Structural/General III. (Applause.) March 28, 2023 Page 10 CHAIRMAN LoCASTRO: Mr. President, congratulations. MS. PATTERSON: Commissioners, that brings us to Item 4, proclamations. Item #4A PROCLAMATION DESIGNATING APRIL 2023 AS CHILD ABUSE PREVENTION MONTH IN COLLIER COUNTY. ACCEPTED BY LINDA GOLDFIELD, CEO, YOUTH HAVEN - ADOPTED Item 4A is a proclamation designating April 2023 as Child Abuse Prevention Month in Collier County. To be accepted by Denise Murphy, president of the Board of Youth Haven. (Applause.) CHAIRMAN LoCASTRO: Do you-all want to say a few words, Linda? MS. GOLDFIELD: Go over here? CHAIRMAN LoCASTRO: If you don't know Linda and you don't know Youth Haven, you really want to check them out. It's an incredible organization in our community. They recently had a huge event at the Ritz that I was able to attend, just a packed house, and heard from some young women that have basically been rescued by this organization, and men as well. And so, you know, Linda, I just continue to be impressed by your organization. This is just a small token from the county. And, you know, the floor is yours. MS. GOLDFIELD: Thank you, Rick. Thank you to the other commissioners. On behalf of the potentially 70 children who call Youth Haven home, thank you for raising awareness of child abuse in our March 28, 2023 Page 11 community. For those of you who do not know, for 51 years Youth Haven has been the only emergency shelter for children who have been removed from their homes due to abuse and neglect, oftentimes homelessness. These are the children of the community. They deserve better. Together as a community we can provide better outcomes for these children. Thank you. (Applause.) Item #4B PROCLAMATION DESIGNATING APRIL 16 - 23, 2023, AS PICKLEBALL WEEK IN COLLIER COUNTY. ACCEPTED BY TERRI GRAHAM AND CHRIS EVON, CO-FOUNDERS OF MINTO US OPEN PICKLEBALL CHAMPIONSHIPS - ADOPTED MS. PATTERSON: Item 4B is a proclamation designating April 16th through 23rd, 2023, as Pickleball Week in Collier County. To be accepted by Terri Graham and Chris Evon, cofounders of Minto US Open Pickleball Championships. (Applause.) CHAIRMAN LoCASTRO: Ladies, either one of you, absolutely. MS. GRAHAM: Thank you, Commissioners. Thank you, Amy, for putting this all together for us again this year. So this year we have record crowds coming. We have over 3,000 athletes. We have probably 35- to 40,000 people coming to town for the biggest pickleball party in the world. East Naples Community Park and the whole Naples area's going to be buzzing. We have a few things that, when you come to the US Open Pickleball Championships, we call them goosebumps moments. March 28, 2023 Page 12 Commissioner LoCastro, you've experienced that where you've driven into the park. One of those moments is when you turn down Thomasson Drive and we have 100 U.S. American flags that are put up very kindly; a lot of work for the Rotary Club. This year we need your help. This year we are being instructed that we cannot put up those American flags because of permitting. And the lady over at -- her name's Diane Lynch. She's just doing her job, but she says in order for us to line Thomasson with American flags, the Board of County Commissioners have to approve the flags this year. And I think it's been every year, quite frankly, because of the right-of-way. So this whole -- this proclamation really was perfect timing, because this all happened last week with Jim Ludwig doing all of our permitting for us. So we'd kindly like to request that we are able to put the American flags up again this year. CHAIRMAN LoCASTRO: So this is how efficient Collier County Government is. Commissioner Kowal, do I have a motion to approve the flags? COMMISSIONER KOWAL: I would like to make a motion to approve the flags along Thomasson. CHAIRMAN LoCASTRO: Do you have a second? COMMISSIONER McDANIEL: Second. CHAIRMAN LoCASTRO: All in favor? COMMISSIONER HALL: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN LoCASTRO: Aye. COMMISSIONER KOWAL: Aye. COMMISSIONER SAUNDERS: (No verbal response.) CHAIRMAN LoCASTRO: Opposed? (No response.) CHAIRMAN LoCASTRO: It passes unanimously. March 28, 2023 Page 13 Next? MS. GRAHAM: Thank you very much. (Applause.) MS. GRAHAM: Well, you're all invited. We'd love to have you come out every day if possible. Commissioner LoCastro, we expect you to be there again, and all the commissioners as well. You can see what it's all about firsthand this year. So thank you very much. CHAIRMAN LoCASTRO: Thank you. MS. GRAHAM: County Manager, thank you, and, Deputy County Manager, thank you as well. COMMISSIONER HALL: No shorts for Commissioner McDaniel. CHAIRMAN LoCASTRO: County Attorney right now is like, wait, we can't be passing motions like -- no, it's okay. Any objection, County Attorney? COMMISSIONER McDANIEL: Agree. MR. KLATZKOW: To the flag, no. CHAIRMAN LoCASTRO: Yes. Okay. There you go. Done. COMMISSIONER McDANIEL: To the flag. Jiminy Christmas. CHAIRMAN LoCASTRO: Now, that permit's going to cost you $10,000, by the way. No. Item #4C PROCLAMATION DESIGNATING MARCH 26 - APRIL 1, 2023, AS THE 40TH ANNIVERSARY OF KNOW YOUR COUNTY GOVERNMENT WEEK IN COLLIER COUNTY. ACCEPTED BY TISH ROLAND, COLLIER COUNTY UNIVERSITY March 28, 2023 Page 14 EXTENSION/4-H YOUTH DEVELOPMENT, MIKIE STROH, COLLIER COUNTY PUBLIC SCHOOLS, DIANE MOORE, LEAGUE OF WOMEN VOTERS, AND PARTICIPATING YOUTH FROM COLLIER COUNTY PUBLIC SCHOOLS - ADOPTED MS. PATTERSON: Item 4C is a proclamation designating March 26th through April 1st, 2023, as the 40th anniversary of Know Your County Government Week in Collier County. To be accepted by Tish Roland, Collier County University Extension 4H Youth Development; Mikie Stroh, Collier County Public Schools; Diane Moore, League of Woman Voters; and participating youth from Collier County Public Schools. (Applause.) CHAIRMAN LoCASTRO: All right. So this is why we have so many students playing hooky today, right? You have 40-plus in here. They're going to stay as long as humanly possible, right. MS. ROLAND: I think technically we really want -- we want the kids up. CHAIRMAN LoCASTRO: Absolutely. Come on up. MS. ROLAND: And we'll give this to the kids. We'll come over here. Everybody go up. Tall people in the back. THE PHOTOGRAPHER: We're going to do back row -- you're supposed to be tall if you're in the back row. Second row, you're fine. First row, if you can go down for me on one knee. CHAIRMAN LoCASTRO: Now, the students don't know this, but each of you now have three minutes at the podium to make a speech. I don't know if you knew it was part of the requirement. Yeah, it looks easy from the cheap seats, doesn't it? MS. PATTERSON: Commissioners, while they're clearing the room, if we could get a motion to accept the proclamations. March 28, 2023 Page 15 COMMISSIONER McDANIEL: So moved. CHAIRMAN LoCASTRO: Second. COMMISSIONER SAUNDERS: Second. CHAIRMAN LoCASTRO: All in favor? COMMISSIONER HALL: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN LoCASTRO: Aye. COMMISSIONER KOWAL: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN LoCASTRO: Opposed? (No response.) CHAIRMAN LoCASTRO: It passes unanimously. Item #7 PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA MS. PATTERSON: That brings us to Item 7, public comments on general topics not on the current or future agenda. MR. MILLER: Good morning, Mr. Chairman. I have two registered speakers for this item, Patrick Wansor, I believe this says, and Silvia Bethlenfalvy. MR. WANSOR: Ladies first. MR. MILLER: You come up to either one of the podiums, and please start by stating your name. MS. BETHLENFALVY: Okay. Sylvia Bethlenfalvy. It's easy. Thank you, gentlemen, for having us here today to speak. I just wanted to bring up a topic that came up last week on May 21st regarding the most recent proposal to alter the current status of March 28, 2023 Page 16 Lakewood Club into a not-for-profit enterprise called STARability. While our community is very supportive of this cause, this development is like landing a spaceship in the middle of a very gentle and kind and vulnerable neighborhood/community. It is like bringing Highway 41 into our backyard. At the meeting on March 21st, the STARability Foundation opened with a short, very polished film about the lives and stories of these individuals who are looking for a new home. It is not without surprise that they would love our location. It is serene and peaceful and well cherished and loved by its neighborhood. It is not a wonder that it would be an ideal location. The Lakewood neighborhood community is a modest community shared by hundreds of loving friends and families who share a love for wildlife, peace, and that is here. We would easily create an equally soul-crushing video of the history of families who have millions of stories of the laughter and fun that has been had, that they have built a remarkable and very special thriving community. Starting with my great uncle who bought his home here in 1979, my aunts and uncles have also bought neighboring houses in Boca Ciega Drive and have been coming here ever since. All my cousins and I share hundreds of loving memories of this very special place, and we would like to continue this legacy while contributing to the fabric of our cherished neighborhood. Over the years, retired hardworking firefighters, policemen, women, and teachers have been the main buyers in Lakewood community. We are hardworking people who have saved all of our lives to have a chance to enjoy this very special paradise. Every guest I have invited here has fallen in love. I don't know how replacing our neighborhood community with another community will make this place better. There's no promise for a future of STARability nor any March 28, 2023 Page 17 commitment for tenure. Once they leave, it will be an empty husk, just like some of the malls on 41. Aside from breaking our hearts, there are, naturally, deeper concerns, and there are a few, but I'll try and be fast. The amount of concrete -- the amount of concrete spread across the large surface area will prevent the water from draining properly through the existing soil and probably flood certain houses near by. Even with Hurricane Ian currently [sic], it was very dry. The increase in traffic has already massively grown over the last 40 years, so I just imagine it increasing more. The STARability's coming under -- CHAIRMAN LoCASTRO: Ma'am, your comments are important to us. Continue. MS. BETHLENFALVY: Thank you so much. I really appreciate it. I understand that -- I'll be fast, but I'll try and make my points quick and fast. I understand that STARability's coming in under a conditional use of neighborhood fitness and community center, but there is no benefit to our community to have this monolith servicing others well outside of our Lakewood community. Lakewood was never approached for their board to our price -- their board to outright purchase this land from the previous owners. We had no idea that the pool was not tied to the community, and soon it will be gone. The pool is in great shape. Fortunately, Mr. Whitesell has agreed to lease it back to us while he finds a way to develop the land around it. The existing pool is a godsend, whether for kids/grandchildren laughing, exercising, and keeping our muscles strong. The increase -- you know, as a neighborhood community, we are now spending our retirement paradise in constant fear of how the land will be used. I am truly heartbroken and have been brought to March 28, 2023 Page 18 tears all week. I am 54, so I can't imagine what this fight is doing to the older folks in our community. One woman in her 80s boldly raised her hand last week, in a very gentle, sweet voice, asked, but where will the ducks go? CHAIRMAN LoCASTRO: Ma'am, can you -- you do have to wrap up a little bit. MS. BETHLENFALVY: Yeah. At first I thought, what a silly comment, but then all week I could not think of -- stop thinking about it. It was probably the most powerful statement I had heard. Lakewood Golf Club is thriving. Practically every other club is financially prohibitive -- or private in Naples. Can we not just increase the taxes on it or even the surrounding area so that it remains untouched? CHAIRMAN LoCASTRO: Thank you, ma'am. Appreciate it. MS. BETHLENFALVY: That's it. COMMISSIONER McDANIEL: As a point of order -- and you're very -- are you here to speak on the same item? MR. WANSOR: Yes. COMMISSIONER McDANIEL: Okay. This is coming before us as a conditional use, and Item No. 7 is for public comment on items not on today's agenda or a future agenda. And this is coming back before us as a conditional use. So though your concerns are expressed and very important to us, it's technically out of order with regard to the public speakers that we, in fact, have. Obviously, you've been misinformed. Someone shared with you that this is where you could come and share your concerns. MR. WANSOR: Yes. COMMISSIONER McDANIEL: But it's very clear that this item is for not on today's agenda or future agendas. So noted -- noted that you've got concerns, please. But I just think we March 28, 2023 Page 19 should stay off comments on items that are going -- this is coming before us as a conditional use. And with all due respect, it's not fair to allow you to speak when others who may be in favor of or opposition of aren't here as well. CHAIRMAN LoCASTRO: One thing I'd encourage you is you can speak to any commissioner at any time. It's any -- most any commissioner at any time -- COMMISSIONER McDANIEL: Of course. CHAIRMAN LoCASTRO: -- but you've got to watch the agenda and see what's coming up, because, I mean, it's a spot-on point of order that you don't have -- other people weren't given the same opportunity. So we appreciate -- MS. BETHLENFALVY: Very well. CHAIRMAN LoCASTRO: -- hearing you out. You know, once you started talking about something very specific that is coming -- COMMISSIONER McDANIEL: There's no error on your part, please. And your time is very much important to us; it's just, as a matter of course -- MR. WANSOR: Understood. COMMISSIONER McDANIEL: -- the agenda item is here. And please feel free to reach out. MR. WANSOR: How would we make an appointment with you? COMMISSIONER McDANIEL: (Indicating) call, email -- MR. WANSOR: Very well. COMMISSIONER McDANIEL: -- any one of us or all of us. MS. BETHLENFALVY: I apologize, and I can appreciate that. COMMISSIONER McDANIEL: No sorries, no sorries whatsoever. It should have been caught in advance of you coming here, so... March 28, 2023 Page 20 MS. BETHLENFALVY: Thank you. COMMISSIONER HALL: Thanks for coming. CHAIRMAN LoCASTRO: Thank you, ma'am. MR. WANSOR: We will not take up any more time. Thank you very much, and I would like to speak with you. CHAIRMAN LoCASTRO: We welcome your comments. MR. MILLER: Mr. Chairman, that does conclude our speakers for Item 7. (Simultaneous crosstalk.) COMMISSIONER KOWAL: Can I just make a comment on that? Because I went to the neighbor planning -- the neighborhood meeting that these folks attended that night at the south library. I was in attendance. The way it was presented -- just to get clarity, the way that it was presented, that this did not have to come to the Board of County Commissioners because it was one of the approved uses of a golf course as a community center. And they were telling the folks that it was only going to go to the Special Magistrate, and it was not to go -- CHAIRMAN LoCASTRO: Was it county staff that said that to the -- COMMISSIONER KOWAL: It was -- well, there was one staff member there, but -- COMMISSIONER McDANIEL: Is it a conditional use or not? CHAIRMAN LoCASTRO: Mike Bosi? Mr. Bosi or Mr. French. MR. FRENCH: Good morning. Jamie French, for the record, your Growth Management director, and with Mike Bosi, our Zoning director. MR. BOSI: Mike Bosi, Planning and Zoning director. It's a conditional use. All conditional uses, unless they are -- unless they require EAC, is designed to go to the HEX. It March 28, 2023 Page 21 does -- we do have a provision within our Administrative Code that if it's a matter of public concern, that a -- the district commissioner can request that the hearing not go to the HEX, that it would go to the Planning Commission and then to the BZA for full evaluation. I spoke with Commissioner Kowal yesterday about that, was going to send him an email after this meeting asking him would he like that to go to the traditional HEX hearing or use the discretion and the authority that he has as the chair -- or the commissioner of that district to direct it to go the full CCPC and then the BZA. But we kind of got -- it's accelerated a bit, so I guess the question -- COMMISSIONER KOWAL: Yeah. It kind of got accelerated on us. We spoke about this yesterday, so -- but that was my intentions to eventually -- but they were not aware of that, and I'm sure, you know, we weren't and staff wasn't ready to really make a move on that yet. But just to clarify that -- COMMISSIONER McDANIEL: You're not wrong. COMMISSIONER KOWAL: In all actuality, they were right to speak today on it because, according to their knowledge, it wasn't going to come to us. But in the near future, I believe that's the direction we're going -- CHAIRMAN LoCASTRO: I mean, officially, with what has been decided and announced, they're not out of order speaking because this -- (Simultaneous crosstalk.) CHAIRMAN LoCASTRO: -- isn't coming to us. COMMISSIONER KOWAL: -- because I haven't yet. We spoke about -- CHAIRMAN LoCASTRO: Okay. So having said that, sir, the floor is yours. COMMISSIONER McDANIEL: If you want to. MR. WANSOR: I would just be -- March 28, 2023 Page 22 MR. BOSI: I would say that if -- and it sounds like Commissioner Kowal has directed it to come to the BZA. This will be before you. This is going to be a conditional use that will be heard by the BZA, so I'm not sure how much you want to get into -- CHAIRMAN LoCASTRO: We need to do that at a -- not off the cuff here right now. So right now, as far as what's on paper and what's been decided, that's not -- that's not a motion that has been talked about or decided. MR. BOSI: He doesn't need to make a motion. Each individual commissioner has the authority from the LDC to direct staff to send the petition to the full CCPC. CHAIRMAN LoCASTRO: I agree, but I just mean I don't think this meeting, him saying it off the top of his head -- so what I'm saying is what's in print right now does not have these two speakers out of order. MR. BOSI: Sure. CHAIRMAN LoCASTRO: And although that might be a slight technicality, unless any commissioner has an objection, I don't object to hearing from you for three minutes. COMMISSIONER McDANIEL: He's already taken your time, sir. That's what we were talking about before. COMMISSIONER KOWAL: See, you kind of understand my intent, though, is to bring this back to the full committee? MR. WANSOR: Are you talking to those gentlemen? COMMISSIONER KOWAL: No, I'm just talking in general. CHAIRMAN LoCASTRO: Sir, the floor is yours. MR. WANSOR: You know, I just wanted to reiterate that it's a deeded community, and when deeded communities are deeded, it seems that they should stay residential with the two golf courses. My family -- I have three units -- well, my son, my daughter, and my wife and I are all in one place. My daughter's buying, and March 28, 2023 Page 23 my grandchildren are going to come. To have the pool taken away, to have the sight of a building not look out at the nice golf course, and then all the people that use -- you know, enjoy the surrounding areas, it seems to me that there would be a better place for this facility. I have a severely handicapped nephew myself, so I can understand the need for a facility like this. I just would think that a better place would be someplace not residential. So I would look forward to not taking up any more of the time, but if this can come to bear or I can speak with somebody at another time, I would much appreciate it. CHAIRMAN LoCASTRO: So when this does come to us, what Commissioner McDaniel said is spot on, then, if Commissioner Kowal determines that he would like it to come to the Board, then this becomes a much more formal process for this group, and then speakers from your community, pro or con or what have you, then their voice needs to be heard in here, or at least converse with us as commissioners, because we're obviously going to vote on something. MR. WANSOR: I do appreciate all your time. Thank you very much. And, Commissioner Daniels [sic], I believe I will contact you. COMMISSIONER McDANIEL: Look forward to it, sir. MR. WANSOR: Thank you, gentlemen. Good day. CHAIRMAN LoCASTRO: Okay. Thank you, sir. Next? What else do we have, Mr. Miller? MR. MILLER: That's all we have for Item 7, sir. CHAIRMAN LoCASTRO: Okay. Item #9A AN ORDINANCE CREATING THE UNPAVED PRIVATE ROAD EMERGENCY REPAIR MUNICIPAL SERVICE TAXING UNIT March 28, 2023 Page 24 BY AUTHORIZING A LEVY OF NOT TO EXCEED ONE (1.0) MIL OF AD VALOREM TAXES PER YEAR - MOTION TO CONTINUE TO A FUTURE BCC MEETING BY COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER LOCASTRO – APPROVED MS. PATTERSON: Item 9, advertised public hearings. Item 9A. This item was continued from February 28th, 2023. It's a recommendation that the Board adopts an ordinance creating the unpaved private road emergency repair Municipal Service Taxing Unit by authorizing a levy of not to exceed one mill of ad valorem taxes per year. This item was brought to the agenda by Commissioner McDaniel. COMMISSIONER McDANIEL: Is Michelle Arnold here? Oh, there she is. Okay. And as she's coming to the podium, I want to make one quick announcement. This is this young lady's last ever Board of County Commissioners meeting as an official employee of Collier County. And I wanted -- I attended her retirement party on Friday night, and -- Friday a week ago, and I just want to say thank you for all you've done for our community. Thank you. MS. ARNOLD: Thank you. I can't believe it's been 34 years. COMMISSIONER McDANIEL: Did you set a timer on her? Very apropos. MR. MILLER: Inadvertently, sir. CHAIRMAN LoCASTRO: What, are you crazy? Ma'am, go ahead. MS. ARNOLD: I just wanted to give you-all an update on what we've done for this proposed MSTU program. We sent out letters to all the property owners that we thought would be affected, and that was a total of about 2,300 letters that were sent. We did receive March 28, 2023 Page 25 some feedback both via phone as well as email. About 90 -- well, 92 inquiries were sent in. We noticed as a part of the inquiries that some of the properties that were sent letters should have been -- not received the letters because they were actually on paved property or, you know, we include a larger amount of the roadway than we intended to. So we excluded those properties. But of the 92 inquiries that we received, 28 of them expressed a desire to opt out of the ordinance; 29 were in favor of the program. In addition to the 29, there is a petition that I received from property owners along Ivy Way that was in favor of the proposal. We received about 26 general questions -- or 26 individuals sent general questions; didn't indicate whether or not they were in favor or opposed. There were two individuals that expressed opposition to the program, and then they -- there were a couple others that informed us they are currently maintaining the road and probably would qualify for opting out. And, again, there were some more that were paved. I have all of the emails that we received and some of the responses that we provided to the inquiries that we received. But there's a mix of whether or not people are in favor of this proposed ordinance. It looks like those that are on roadways that are not being maintained currently are definitely in favor of it. And it goes to say those that are currently maintaining them are not in favor of the proposal. If you have any questions, I'm here. COMMISSIONER McDANIEL: I did, and maybe I need to speak with Trinity. I -- you know, this circumstance has been going on in our community forever. We have over 110 miles of private roads. The goal here is to bring some level of continuity in maintenance to these roads so that we can get an ambulance down March 28, 2023 Page 26 there to be able to take care of the people. You know, it's been brought up, and it's a known concern, or a known issue, if you buy on a private road, that it's your responsibility to take care of your road, but it doesn't work that way. There is an imposition of an MSTU by the government when the road becomes in such ill repair that it can't be traversed at all, and that is typically done after the fact when the road is no longer passible, which is excessively expensive, and then, in turn, burdens the people that are on that road. Where having a more even-keeled approach to this, which is the rationale, is a different way of taking care of it. So I'd like to speak with Trinity, if I could, just because one of the things -- and, again, I'd like to hear comments from my colleagues. But one of the things I'd like to solidify is the semantics behind this with regard to how we're going to administer this if, in fact, this passes. MS. SCOTT: For the record, Trinity Scott, Transportation Management Services department head. We have not finalized policies and procedures -- standard operating procedures with regard to this. We have been awaiting for direction from the Board of whether or not we would -- whether or not this would pass. Since the determination would be based on health, safety, and welfare, if -- I'm looking at my vision of how I would need to implement this is that we would need to have kind of an advisory committee, if you would, that would be made of Sheriff, EMS, as well as the fire districts to provide that feedback to our staff of what are the worst roadways, then we can address and come up with the cost estimates and see how far down that list that we could get on an annual basis. With regard to opt out, we would have to develop a policy with regard to how people would opt out, thinking that you can't opt out March 28, 2023 Page 27 just in front of your place if the rest of it -- so we may -- we may have to massage that a little bit to where it's an opt out for the entire road, you know, a length of road, something along those lines. But those are all details that we will work out if, indeed, the Board decides to give us direction to move this forward. COMMISSIONER McDANIEL: The Clerk asked some questions yesterday that I thought were valid with regard to the accounting and then the accountability of the expenditure of the funds. That was brought up in her notes as well. How -- what's your proposition -- if this passes, of course, what's the -- what's the process that we can solidify the expenses and how they're attributed to the individual roads? MS. SCOTT: What I would propose doing is very similar to what we do on our own roadways, which is utilizing our existing asset management system, which is called Cartegraph, where each of the roadways would be inventoried in there, and any work orders that we would open would be attributable to that particular segment. That way we could delineate what hours are worked on those specific roadways. COMMISSIONER McDANIEL: Okay. And you're planning on county staff taking care of this ongoing maintenance, or are we going to contract it out? MS. SCOTT: It will most likely be contracted out. COMMISSIONER McDANIEL: Okay. Okay. CHAIRMAN LoCASTRO: Mr. Miller, how many public comments do we have? MR. MILLER: We have six registered speakers for this item, Mr. Chair. CHAIRMAN LoCASTRO: Let's go to those. MR. MILLER: Your first speaker is Nancy Reichard. She will be followed by William White. March 28, 2023 Page 28 MS. REICHARD: Good morning. COMMISSIONER McDANIEL: Good morning, Nancy. MR. MILLER: You can pull that down closer to you. There you go. Thank you, ma'am. MS. REICHARD: I am one of those people -- MR. MILLER: Can you state your name, please. MS. REICHARD: I'm sorry. Nancy Reichard. And I am one of those people who live at the end of a mile unmaintained dirt road. It is a one-lane most of the way. When it rains, people can't even get back to me. Fortunately, I have an off-road vehicle, and I can -- I can make it back there. But it makes it very difficult even for friends and family to come back when it's the rainy season. We just had some rain not too long ago. The rain filled the puddles to the point where it was over my -- COMMISSIONER McDANIEL: Bumper. MS. REICHARD: Yeah, pretty much so. So I was able to make it through. So my big concern is with emergency people getting back to me. If I, as a senior, would have a problem -- health problem, I don't know that an ambulance can get back, and fire vehicles as well. So my concern is, of course, the taxes going up and it being maintained on a regular basis. COMMISSIONER McDANIEL: Yes, ma'am. MS. REICHARD: Thank you. COMMISSIONER McDANIEL: Thank you, Nancy. MR. MILLER: Your next speaker is William White. He will be followed by Tom Brooks. MR. WHITE: Good morning, Commissioners. You all have received an email from me with a copy of what I'm about to read into the record for you. My name is William White. I'm from Della Drive. And this is March 28, 2023 Page 29 in response to the proposal to add unpaved roads to the MSTU. Let me give you a little history of Della Drive. The Naples Farm Sites was created on January 2nd, 1956, from 16 acres of farmland in the unincorporated area of Collier County west of 23rd Street Southwest and south of the main Golden Gate Canal. The farm was subdivided into many half and one-acre lots consisting of several streets, one of which is the one-mile-long Della Drive. Each of the lot owners in the Naples Farm Site Subdivision owns the roadway to the center of the road with an access easement over, along, and across 30 feet of the edge of their property. The Della Drive portion of the subdivision consists of three blocks of land divided into 86 lots. The Naples Farm Site Subdivision was never committed to a homeowners association or any other typical common interest ownership community. The result is the 86 homeowners are individually responsible to maintain the roadway in front of their property. This would not have been allowed today. The maintenance of the road would be the responsibility of the county and maintained by the unincorporated general MSTU or made the responsibility of a homeowner or condominium association with responsibility and authority to open a bank account, collect association fees, and maintain the common property and easements as directed by the articles of incorporation. Looking back to 1956 when Naples Farm Sites was created through an approved subdivision, the subdividers and County Commissioners did not know anything about homeowners associations, nor did they consider how this road would be maintained. Keeping in mind that the lots on Della Drive was, in 1956, the eastern wilderness of Collier County made up of lime rock and sandy roads with little or no residents aside from some hunting lodges. The prevailing opinion in 1956, when the population of Collier March 28, 2023 Page 30 County was a total of 15,753 people, was probably that no one would want to live there. It is time for the County Commissioners to right the wrong that was unknowingly created in 1956. Since creating a homeowners association would be impossible, now having all the lots under private ownership and the developer has long since died, the area of the easement, Della Drive, could be commandeered under the easement -- commandeered under eminent domain statutes and the road improved and made a part of the current unincorporated roadway system, maintained and paid for through the collection of ad valorem taxes in the current unincorp [sic] general MSTU. I believe this project, and others like it, could qualify for funding under the Biden Administration's infrastructure bill which identifies infrastructure to designate the buildings and repairing of -- building and repairing of roads, bridges, railways, and ports, as has been -- and has been expanded by President Biden to include human and social infrastructure. If funding for the infrastructure bill is not available, then the collection of ad valorem taxes from the addition of these parcels in the unincorporated portions that would now be taxed would offset the expense and the maintenance of these roadways. Once completed -- and the lots along these roadways would become eligible for better mortgage funding and the potential for the construction of workforce housing in the rural parts of Collier County where lots are available of a half acres and slightly more -- CHAIRMAN LoCASTRO: Sir, if you could wrap up a little bit. MR. WHITE: -- making it available. Thank you. CHAIRMAN LoCASTRO: Thank you, sir. MR. MILLER: Your next speaker is Tom Brooks. He'll be followed by Aristeo Alviar. March 28, 2023 Page 31 CHAIRMAN LoCASTRO: Sir? MR. BROOKS: Hello there. My name's Tom Brooks. Quick question: I live in Six L Farms. And the roads kind of cross property lines. If you guys take the roads over, does that require a lot line adjustment on my property? CHAIRMAN LoCASTRO: So public comment is you just tell us your position on this particular topic. It's not a debate back and forth. And we'll talk about -- you'll hear some of that, but tell us your thoughts -- unless, Commissioner McDaniel, you want to -- COMMISSIONER McDANIEL: If you've got questions, you can call me. I'll share with you what it is. I mean -- and just as a point of clarification -- good morning, young man. As a point of clarification, there is no intent of condemnation or takeover with regard to this. This is -- the proposition here is to improve these roads so that they are traversable by an ambulance. And we're not taking -- Bill White, Mr. White, how do you do? The condemnation process is very expensive, arduous. The drainage, culverts, curb, all kinds of things come into play when the government takes over a road system. If everybody that accesses their property off of a private road pays a little bit into the kitty over a, relatively speaking, brief period of time, we'll elevate all these roads to be traversable by an ambulance. At which point, who else gets to go? Fire truck, Sheriff, so ons and so forth. Trash collection and so on and so forth. So that's the short answer to -- MR. BROOKS: Okay. COMMISSIONER McDANIEL: -- the condemnation process. MR. BROOKS: Now, I was just -- you know, when anything like this happens, you always see -- I think it's a great idea, because a lot of people can't afford -- I mean, I have a tractor and a York rake and help maintain. But, still, a lot of people will go opt for the cheapest dirt they can get to put in the road, which is usually sand, March 28, 2023 Page 32 which usually doesn't last more than a month. So I think you guys taking over would be a great idea. COMMISSIONER McDANIEL: That's the hope. MR. BROOKS: But we'll see. COMMISSIONER McDANIEL: Yes, sir. MR. BROOKS: Thank you. COMMISSIONER McDANIEL: Thank you. MR. MILLER: Your next speaker is Aristeo Alviar. He'll be followed online by Jayme Scott. MR. ALVIAR: Hi. Good morning. My name's Aristeo Alviar. I'm a resident of Collier County in Immokalee, Florida. McDaniel, thank you so much for, first of all, listening to us out in Immokalee and then inviting us to come out here and bringing this out to the Board. So thank you for that. I live down -- in Immokalee down Little League Road. I share the same concerns as others. And I, for one, am in favor of this. I know when a lot of these private roads and homes were bought on these properties, obviously, it had to be for a price; it's what they could afford at the time. I have had the unfortunate luck of living down three or probably the only private roads in Immokalee: Christian Terrace, North 29th Street, and Little League Road. Now, my entire life I've had to deal with this. Not only is it for emergency vehicles like the ambulance, police, things of that nature, but it's also for school. My neighbor next to me, who happens to be my wife's aunt, worked for the school system for 40 years. She worked with disabled children. And there was at one point to where the disabled school bus could not even get down the road to pick up those disabled children to take them to school. We've had Collier County students that have had to walk right after -- within a couple weeks of a hurricane down a flooded road March 28, 2023 Page 33 really, really bad just to try to get to a school bus stop because the bus cannot make it down there. About seven years ago, my mother-in-law herself broke her hip, unfortunately, in our home. The ambulance could not make it down our road. So we actually had to get the fire truck to bring in the big one with the wheels to get her out. So for us it's something that it's not only for emergency services but for also the students as well. As recent as Hurricane Ian, my neighbors and a few other folks who have elderly folks that live with them that were caretakers for, had to vacate them from our road and take them into Naples, into Bonita Springs and other areas, just for the fear that somebody could not get to them in the event of an emergency. So I, for one, am very much in favor. My parents live down 29th Street. We own property down Christian Terrace as well. It would be very beneficial to not only the property owners but to anyone trying to get out there. Now, we've done our best to try to maintain it on our own. We've spent out of our pocket. We've continuously tried to bring in dirt, things of that nature. But it does not help that in other areas, especially down where I live down Little League Road, folks take it upon themselves to go down on four-wheelers and dirt bikes and 4-by-4 vehicles doing doughnuts and tearing up the road that we literally just tried to fill in and smooth out. And we're not asking for it to be paved, although it would be nice, but just with a little bit of help of the maintenance. We've tried to reach out to Collier Sheriffs to keep the folks out there [sic]. My wife was nearly run over by an SUV trying to jump the potholes to where they lost their bumper, front fender, and nearly ran over my dog. We filed police reports. All this stuff is on record. And we're just looking for a little bit of help with this to try to maintain it, even if it's just something along the natures of re-digging March 28, 2023 Page 34 some canals for some drainage, things of that nature. Again, not asking for 100 percent of the help -- we know it is very costly -- but for any assistance that the county could provide down any of these roads. I, for one -- and I know the majority of my neighbors, we went out to an MSTU meeting in Immokalee where we all spoke out quite vocally about trying to get this done. So we really much are looking forward to getting some information on this, timelines, things of that nature, and we'll be listening with attentive ears. COMMISSIONER McDANIEL: Is your boss paying you to be here today? MR. ALVIAR: Absolutely not. MR. MILLER: Mr. Chair, your next two speakers are both joining us on Zoom. First up, Jayme Scott, and then she will be followed by Melanie Penner. Ms. Scott, you should be prompted to unmute yourself at this time, if you will do so. And you're unmuted. You have three minutes, Ms. Scott. MS. JAYME SCOTT: Can you hear me? MR. MILLER: Yes, ma'am. MS. JAYME SCOTT: Okay. I just wanted to ask -- I know that you talked about the homeowners that -- we live on a paved road, but we paved it ourselves, and all the homeowners maintain it. Would we be excluded from this? COMMISSIONER McDANIEL: Yes. MS. JAYME SCOTT: We would? COMMISSIONER McDANIEL: Yes. MS. JAYME SCOTT: Okay, perfect. I think that's really all I have. CHAIRMAN LoCASTRO: Thank you. MS. JAYME SCOTT: Thank you. March 28, 2023 Page 35 MR. MILLER: All right, then. Your next speaker will be Melanie Penner. Ms. Penner, you're being prompted to unmute yourself, if you'll do so at this time. I see you're unmuted. Ms. Penner, you have three minutes. MS. PENNER: Can you hear me? MR. MILLER: Yes, ma'am. MS. PENNER: Excellent. My name's Melanie Penner, and I live off of Sugarberry Street. That is a dirt road that is privately maintained. I have three main concerns with this ordinance. My first concern is the wording does say it will be taxing properties that are abutting or adjacent to unpaved roads. I just want to point out that a lot of the properties in my section of land are not abutting or adjacent. They're, like, what you would think of as landlocked. So, for instance, I have neighbors that have five acres that is abutting or adjacent to a dirt road, but then their back side is not touching a road at all. Would they be taxed on half of their property and not the other five acres? So I think a map of -- like, a preliminary -- putting out a preliminary map of what properties would be taxed and what would not. I think it would be important, to be fair, to tax all of the properties in that section, not just ones that have road frontage, because the properties that do not have road frontage still use those roads to access. So that's my first concern. My second concern is I do live in a section that we privately maintain. Our roads are quite good. We have -- you know, fire and ambulance have no issue. Guests to our home have no issue using our roads. I'm concerned that I would be paying into a pool of tax money that would then go to the highest need, which would not be my March 28, 2023 Page 36 section. Like, I can guarantee you that my section would be almost last on the list in terms of need for improvement. And so that concerns me that I would be just paying into a pool and never see any benefit of this. Lastly, I know there is an opt-out clause, and I do appreciate that. My biggest concern would be to make that opt-out option simple. I don't want to have to jump through hoops to opt out of this when our roads are privately maintained and in good shape. So I just don't want to have to do a ton of work to prove to the county that we are in good shape and that we shouldn't be taxed. So those are my three main points. Thank you. COMMISSIONER McDANIEL: Thank you, Mel. MR. MILLER: Mr. Chair, that concludes our speakers on this item. CHAIRMAN LoCASTRO: Commissioner McDaniel. COMMISSIONER McDANIEL: Yeah. I'd like to -- because I have a question with regard to the opt-out and how we're going to manage that. I mean, I've thought of several. I mean, Ms. Penner's husband's a general contractor and owns a grader and excavating company, so they keep their road in decent shape. And some of my neighbors have -- including me, have my own motor grader and keep my road in decent shape. But the opt-out provision -- now -- and, again, you know, this is new, and I want to -- I want to caution everybody that this -- you know, the County Attorney's already espoused that this has never been done in the state of Florida before and, that, you know, the semantics of this may be a little bit difficult. But in my thought process, I would like to hear from staff what their thoughts are with regard to the opt-out provision and keeping it simple, as Ms. Penner actually expressed. MS. SCOTT: Once again, for the record, Trinity Scott, March 28, 2023 Page 37 department head, Transportation Management Services. Certainly, we'd like to keep it as simple as possible. As I stated before, we have not developed policies and procedures for that. If the Board so desires to adopt this today, certainly direction back to staff that we can bring something back to you, you know, a thought-out plan. Certainly, it needs to be reviewed by the committee members to make sure that, indeed, the roadway is passible. And in the ordinance it states that it is not likely to require maintenance within the next five fiscal years and also a sustainable maintenance plan. So something that, you know, the neighborhoods -- the neighbors have come together, signed off on that, yes, they grade it quarterly or annually, whatever has worked for them in the past, and the roadway is passible that is, in theory, what I'm thinking. But as I said, the devil's in the details. We have not delineated out the procedures for this. COMMISSIONER McDANIEL: All right. Well, here's my proposition. And, again, there's no point in staff giving an enormous amount of attention to this until -- until this passes or not, as the case may be. And if it doesn't -- my proposition is to do this for a year, to set the millage rate to be a maximum of one mill but levy it at a half a mill the first year and develop these policies with regard to the opt-out provision, ensure that -- and make sure that we're working with the Clerk from an accountability standpoint so that we've got documentation as to what we're spending and how we're spending it and where, in fact, it's going and make sure that the Clerk is satisfied with the accountability aspect of this, and then manage it accordingly. If there is -- if there is a hole in the doughnut that we haven't seen, then we'll endeavor to take care of that hole and address it accordingly. Did you have something to say, County Manager? You're March 28, 2023 Page 38 looking like you're leaning in. MS. PATTERSON: No, sir. Thank you. COMMISSIONER McDANIEL: Okay. So that's my proposition. I want to assure folks that there is no intent for condemnation with this. This is just a -- this is -- as you heard at the beginning, there's in excess of 2,200 residences that are impacted by access by these private roads. COMMISSIONER SAUNDERS: Mr. Chairman? CHAIRMAN LoCASTRO: Yes. Commissioner Saunders, the floor is yours. COMMISSIONER SAUNDERS: Thank you. Just a couple questions for the County Attorney. If we adopt this type of a program and begin to maintain some of these roads, I guess one question would be, does that result in us having liability on these roads if there's some injury? Would we be required to, since we would, in effect, be maintaining the road, bring it up to any particular standard to avoid liability? So that's one question. Then I have a couple other comments. MR. KLATZKOW: The standard is to make the road passible for emergency vehicles. We're not paving roads. We're not doing any more than ensuring that the public health, safety, and welfare could be achieved by making them, really, minimum-condition roads. COMMISSIONER SAUNDERS: Okay. So there would be no expectation that we would have to maintain them at a higher level than what you just said? MR. KLATZKOW: No, sir. It's just to get the emergency vehicles down there. COMMISSIONER SAUNDERS: And then I guess just a thought. It seems like the folks that are maintaining their roads, obviously they're going to want to opt out. COMMISSIONER McDANIEL: Sure. March 28, 2023 Page 39 COMMISSIONER SAUNDERS: And so would this, in effect, kind of encourage homeowners to stop maintaining their roads because they know that there's an MSTU that's going to be there to pick up the slack if they stop doing that? I guess that's a question for Commissioner McDaniel. Just your thought on, are we making a situation that's arguably bad at this point, are we making it worse by increasing people's expectations on what the county's going to do? COMMISSIONER McDANIEL: I would certainly hope not, Commissioner Saunders. You know, the rationale here is if everybody pays a little bit and helps tote the wagon, then it's not such an arduous task for the few, like Mrs. Penner and her husband that maintain their own roads or myself that do it. If all of the neighbors contribute a little bit, that's the rationale here. We heard from our friend in Immokalee. I don't know where he went. He probably had to go back to -- oh, I know your boss wants you to get back to work. But the -- this circumstance has been prevalent forever. I mean, Commissioner Coletta who sat in this seat anointed me as the Chairman of the Corkscrew Island Neighborhood Association in 2000. That was 22 years ago. And that was on the premise of the rationale and the requisite of an MSTU individually being imposed upon those streets as we go. Never was accomplishable. The circumstance is still prevalent here 22 years later. The proposition that I've brought forward is to try something different than what we've been doing forever and see if we can improve the lives of the entire community by having everybody pay a little bit, and that's my rationale by setting it up as -- you've got to have a cap -- capped at 1 mill and starting the first year at a half a mill. We'll collect approximately 187,000. We'll have the committee -- and our staff's already reviewed the majority of these roads. March 28, 2023 Page 40 So we'll have our staff delineate the worst first and go through that process and account for what we've actually spent, and then over, hopefully, a relatively brief period of time all these roads will be traversable by an ambulance, and that's the box to stay in, and once that occurs, everybody can traverse them. COMMISSIONER SAUNDERS: All right. And just one other comment, then, Mr. Chairman. Commissioner McDaniel made a comment that we can adopt this for a year, and then during that year we could develop these procedures for opting out. I think that's the old proverbial putting the cart before the horse. I think you have to have those procedures laid out before we adopt this. Now, I don't know how long it would take to develop that, but we're going to have a lot of people with a lot of expectations that aren't going to be met if we adopt a taxing district like this and then during the process over the next year try to develop what the opt-out procedures are going to be. I would recommend that we develop those first and then move forward with it. I could support it at that point if I know what those opt-out provisions are, but I can't support it right now, because I think it leaves too many things unanswered. CHAIRMAN LoCASTRO: I was going to just make a comment, and then I'll go to Commissioner Kowal, and then, Commissioner Hall, you're on deck. You know, my biggest concern/priority is cohesion and the roads being complementary. And so as the one speaker said, back in the '50s maybe this wasn't a problem and, you know, it didn't surface. And it's not just out in Immokalee. We all have private roads. Maybe not to this extent, but I know I've got several, and these conversations are bubbling up. And then you have folks that either have maintained their little piece -- and so, like, the one caller said, I don't want to be, you know, March 28, 2023 Page 41 overly taxed. But, you know, part of making sure that all the roads are cohesive and all the roads that are connected -- you know, you maintain something in front of your house, but if the ambulance has to drive through three feet of mud to get to your beautiful road that's in front of your house, then I'm not sure that solves anything. So the opt-out really concerned me because you can have too many people that said, well, I didn't buy sand. I bought really good dirt. And, you know, we have a perfect setup in front of our house, and we have a garage full of four-wheelers, but that doesn't really, you know, solve the problem of making sure all of the interconnected roads are cohesive and of similar quality for safety and for first responders. So I guess I need to hear a little bit more of the fine print, and I know that, you know, Commissioner McDaniel's going to fill in the missing pieces. But let me go to Commissioner Kowal and then, Commissioner Hall, you're on deck. COMMISSIONER KOWAL: Thank you, Chairman. You know, I hate to repeat this, but I kind of agree with Commissioner Saunders. You know, I remember there was a famous Speaker of the House that said, let's pass the bill, and then we'll figure out what's in it. COMMISSIONER McDANIEL: Don't even compare me to her. COMMISSIONER KOWAL: I'm not comparing you. COMMISSIONER McDANIEL: Don't even -- don't even compare. And now I'm -- CHAIRMAN LoCASTRO: We'll call for a 15-minute recess. COMMISSIONER McDANIEL: Don't even start. COMMISSIONER KOWAL: But, you know, we did continue this from February 28th because we kind of had the same questions March 28, 2023 Page 42 then, and now it's before us again, and I have the same questions now. And even listening to staff, I don't have much more clarity. And, you know, even -- now I just heard the attorney, that I guess we do have a liability because he says we have to maintain it to the point where an ambulance can pass it. We go and fix the road, six months later a sinkhole, which probably is the reason for having a hole there anyways, is people keep putting dirt in over years and years and years, and now the ambulance can't go down it. Who's responsible? Is the county responsible now because the ambulance couldn't get down a road that we just fixed six months ago? Do we have a liability then? MR. KLATZKOW: Anytime you take an action, you have a potential liability, but the issue here is public safety. And I don't really compare public safety and liability, personally. I mean, to me public safety is paramount. COMMISSIONER KOWAL: Well, I understand. I was in the public safety business for a long time. And, you know -- and listen, people sustain life on these roads. I don't know how they go to the grocery store. I don't know how they go shopping. They must be able to travel these roads. So coming from that background, I know if there's an emergency at the end of this road, it's not going to keep us from getting down to the end of the road, especially if they can traverse these roads on a daily basis, unless they're landlocked to the point where they never leave their homes. You know, I just need more clarity myself. I just don't think -- you know, I know it's important. I know it's important for Commissioner McDaniel. And that being said, it's important. So I think we need more information before I move forward. I'd just feel more comfortable. CHAIRMAN LoCASTRO: Commissioner Hall. COMMISSIONER HALL: I can definitely see the need. At March 28, 2023 Page 43 the same time, it's a private road. So I can see two ditches on both sides. One ditch being if you don't maintain your road, you don't get any services, and that's got to be fine with you because that's your choice. It's a private road. Then the other option would be, if the county fixes it after the fact, like we've mentioned, it's very expensive, and then everybody would have to pay for it. The third way is you have opt-outs. You know, you can opt out. Well, what if I'm at the end of the road and all of my neighbors in front of me, they don't opt out. They want the road maintained. Well, the road's going to be maintained, so I can opt out. So there's those questions. And then the other thing is you just tax everybody, and everybody pays it, and everybody gets fixed. But, then again, if it's that way, like Ms. Penner said, you know, how do I know that my taxes are going to come towards me? So I do have questions. I don't know if we need to make a decision today. I think that there's -- I think there's validity in the discussion. Maybe to come up with a rating system of the roads, a proportionate of -- you've got all this money coming in. I say "all this money." It's a little bit of money, but the money that comes in, maybe a rating system on determining which roads are the worst and maybe putting that money out based on how bad the road is in a percentage basis so that other people don't fund -- don't have all the burden for fixing roads that they're just barely going to use. What is the actual expense that we think we're looking at versus the money that we think that we're going to collect? That's -- those are questions that I wouldn't want to put this in motion for a year, then try to figure it out without knowing that up front. We have an idea. We have ways to look at the roads to determine which roads are bad. You can do it by drone. March 28, 2023 Page 44 And then we get an idea of the money that we need to spend versus the money that people -- you know, we have an idea of who would opt out: People on paved roads, people that are maintaining their roads. Those are just questions that I have. So I would like to see some of that answered before we actually just get in and dive in and make a decision on the MSTU. CHAIRMAN LoCASTRO: Sometimes when people say, I maintain the road to a much higher quality, but they also have, you know, four-wheel-drive vehicles in the garage, that's not the same as an ambulance coming down the road. I mean, if an ambulance responds to a house in a semi, you know, maintained road and they put a heart attack victim in the back, I mean, EMS will tell you, you know, they hate speed humps because they're trying to get to the hospital at -- in record time. They hate, you know, driving through, you know, dirt roads or unfinished roads or whatnot. So there's a difference between traversing the road to go back and forth to Publix or first responders. Like you said, Commissioner Kowal, they'll get there, but I'm not sure I would want my grandma in the back of an ambulance hooked up to two IV bottles trying to get to NCH or Physicians Regional driving down a road at 25 miles an hour because it's full of sinkholes or potholes or it's inconsistent. You know, they pass a house that's using the good dirt and then they hit a stretch of houses that opted out, you know, that sort of thing. So that's why I kind of bring it back to consistency. So I need the blanks filled in for me, for sure, and that's why I defer now, again, to Commissioner McDaniel, who's heard our comments. And, sir, the floor is yours. COMMISSIONER McDANIEL: I have, and I share the concerns. And I'm going to make a proposition that we approve this item subject to the opt-out policy, and that's my -- I'm not -- I've lived March 28, 2023 Page 45 here for 42 years. I used to be in the road construction business. I have an idea as to what these things should cost. I've seen what the county has spent in these emergency repairs. I'm not -- the goal here is to start the process. I would like to solidify the opt-out provision very similar to what Commissioner Saunders brought up. We have to -- we can't have one guy over on Della say I don't [sic] want to be in and the rest of the people not be in. And that's going to ultimately -- and if you heard, there will be a committee of non -- you know, EMS being first, because that's the premise of this is traversability by ambulance, fire, and Sheriff, being the committee to make the decision on the worst-first process. And I'm totally okay with tightening up -- staff's not going to put a lot of thought into generation of the policies and procedures behind the scenes if we don't have an ordinance, if we don't have something for them to actually act on. That was one of the comments that I got out of them -- what do you need, Michelle? You keep pointing at me. MS. ARNOLD: Just for procedural purposes, with an MSTU, there are timelines that are associated with establishing the MSTU, and so there is time to develop the criteria before the MSTU -- COMMISSIONER McDANIEL: Sure. MS. ARNOLD: -- has to be established, because you've got a December 31st time frame to make it effective October 1 of '24. COMMISSIONER McDANIEL: I'm well aware of that, yes, ma'am. Thank you. I'm -- my thought process is, if you're okay, let's approve this subject to the staff's rendition with regard to the policy for the opt-out to allow for clarity there so that we have a process in place and then make a final determination as to whether we approve or not based upon that. CHAIRMAN LoCASTRO: Commissioner Hall. March 28, 2023 Page 46 COMMISSIONER HALL: Just because I don't know, is there a way to raise the millage on the really bad roads and lower the millage on the decent roads, or is there a way, if you tax everybody, to set aside, like, in a fund or a savings account for the people that maintain their roads that don't have very bad at all? I'm trying to figure out a way to make it fair for -- if everybody pays in, to make it fair for the services that they're going to get. COMMISSIONER McDANIEL: And to answer that question very specifically, that's -- the opt-out provision will allow for that. People -- like the lady that called in that lives on a paved road. I have friends that have paved their own road. One of the seven-mile swaths of private road, Collier -- well, Procacci's -- Gargiulo's owned both sides of it. So they don't need to be -- they can opt out. And that's the provision for it to be fair. Once we have specificity with regard to the opt-out provision, I think the equitable side of this will come to fruition. Everybody pays a little bit, and that's the reason that I proposed that we cap it or set it at a half a mill the first year, do a determination based upon our costs, so on and so forths, to do that. So I'll make a motion that we move this forward. I don't know if we approve it subject to the opt-out provision. Is that a -- is that a proper way to do that? CHAIRMAN LoCASTRO: I don't personally love that, but -- Commissioner Saunders, I just want to defer to you just in case we're missing any comments you have. Do you have anything to add or -- COMMISSIONER SAUNDERS: I think we have plenty of time to get this done thoroughly as opposed to adopting this today and then coming back at some point with some opt-out provisions. I'd rather see the whole package. I think that's really the best way to do it. March 28, 2023 Page 47 So I would urge Commissioner McDaniel to get with staff. Staff will put together anything we ask them to put together. They don't have to have an ordinance that's approved in order to go back and work on an opt-out provision. If we say to them, we like this proposal, but we want all of the details put into it so we can -- we know what we're voting on, you'll get that product. So I would suggest continuing this for a few months while those issues are worked out. CHAIRMAN LoCASTRO: My concern with some of the -- and we don't have the language, but if there was looser language or if it was convenient to opt out, I mean, like every taxpayer in this room, we all pay taxes, and your tax money goes to things you don't use. You know, beach restoration, maybe you never go to the beach, you know. It might go to improve a road that you never drive down. So I don't know that we have that sort of luxury. So to me, if you live in that community and we're deciding collectively that roads that lead to your house or around your house or even if you use the good dirt, I don't see that as -- I just think that's a bad -- and, granted, this is a little different of a topic. But when people pay taxes, it's to, you know, improve things around them. If they've been more proactive to buy the good dirt and they have the good tractors that can maintain, you know, the area in front of their house, then great, and they've chosen to do that. But to me if we make a decision, it should be something that's, you know, more cohesive, more complementary across the board. And some people are going to pay, and they may not get the full advantage of their tax money being utilized right in front of their home, but we pay stuff every day that you may or may not see, but it's for the greater good. That's how taxation works. I'm not a big fan of overtaxation by any stretch, but I'm a fair -- I'm a fan of, you know, more fairness. And some might say, March 28, 2023 Page 48 well, the opt-out is the thing that makes it more fair, but I think we're sort of splitting hairs on, you know, did this one house use the good dirt, and they're the bottom of the list, so maybe they shouldn't pay as much, and that's where I agree with Commissioner Saunders, I'd like to see it sort of fleshed out. And I'd rather approve the whole enchilada than sort of approve it and see the details. I probably could be talked out of that if there's pieces I'm missing. But I kind of like it the way of just, you know, bring me the whole thing. And I'll defer to -- Commissioner Kowal's been lit up, and then Commissioner McDaniel, sir, I'll, you know, have you chime in. So, Commissioner Kowal. COMMISSIONER KOWAL: Thank you, Chairman. I just want to make it clear, I was not comparing you to anybody. I was comparing -- I didn't want to be looked as that if I vote on it today. That's what I was just trying to say. CHAIRMAN LoCASTRO: Security, security. COMMISSIONER KOWAL: But I do have a point, and it goes to, if we do move today, Commissioner McDaniel, and the staff does come back with some sort of opt-out program, I mean, is that something we're going to have to rediscuss to implement, or is it just going to automatically, whatever they come back with, is going to be implemented into this? COMMISSIONER McDANIEL: The premise of my motion -- and I'll withdraw the motion because we don't have a second on it anyway. And I'm going to make another motion to continue this item, tighten up what Commissioner Hall's brought out to get some estimates and formulation of what the actual costs are, get some estimates onto how many we can do, worst first, so on and so forth. Actually have a policy developed for the opt-out provision so that there is an equitable portion of this and so that it's fair. The goal here is for it to be fair. We have the circumstance March 28, 2023 Page 49 that's been going on in our community for a millennia, and this is an avenue for us to traverse to get there. And I'm totally fine. Really appreciate the conversation. For those of you who don't know, we're barely allowed to be friends when we're not up here and Terri's not -- CHAIRMAN LoCASTRO: I'm not your friend. COMMISSIONER McDANIEL: -- he isn't, but Terri's writing down all my misspoken words and that TV is on, we're barely allowed to say hello to one other and not be in violation of the Sunshine Law. So we can't get -- we can't go in the back chambers and huddle up and decide how to get through some of these things. So I really appreciate the discussion. I'll make a motion for continuing this item, and when I get it tightened up, I'll bring it back. CHAIRMAN LoCASTRO: Second. All in favor? COMMISSIONER HALL: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN LoCASTRO: Aye. COMMISSIONER KOWAL: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN LoCASTRO: Opposed? (No response.) CHAIRMAN LoCASTRO: It passes unanimously. We'll look for it to come back with more detail. Thank you, sir. COMMISSIONER McDANIEL: One step at a time. QUESTIONING ATTORNEY: Chair, we're at our 10:00 time-certain, but we're also close to our court reporter break, so... CHAIRMAN LoCASTRO: Yeah. Let's take a little -- the break's a little bit earlier, but then we can at least hear everything cohesively. So we'll come back here at 10:30. (A brief recess was had from 10:18 a.m. to 10:30 a.m.) MS. PATTERSON: Chair, you have a live mic. CHAIRMAN LoCASTRO: If everybody could take their seats, March 28, 2023 Page 50 we can get started on time. Thank you. Please ensure your phones are on silent, and we'll move forward with our time-certain 10:00. Okay, County Manager. COMMISSIONER McDANIEL: At 10:30. Item #10A DIRECTING THE COUNTY ATTORNEY TO ADVERTISE AND BRING BACK FOR A PUBLIC HEARING AN ORDINANCE ESTABLISHING THE COLLIER COUNTY HEALTH FREEDOM BILL OF RIGHTS, AND TO ADOPT THE COLLIER COUNTY HEALTH FREEDOM RESOLUTION - MOTION TO ADVERTISE ORDINANCE AND BRING BACK TO A FUTURE BCC MEETING BY COMMISSIONER HALL; SECONDED BY COMMISSIONER MCDANIEL - APPROVED; MOTION TO CONTINUE RESOLUTION TO A FUTURE BCC MEETING BY COMMISSIONER HALL; SECONDED BY COMMISSIONER MCDANIEL – APPROVED MS. PATTERSON: Commissioners, your time-certain at 10:00, this is Item 10A, a recommendation to direct the County Attorney to advertise and bring back for a public hearing an ordinance establishing the Collier County Health Freedom Bill of Rights and to adopt the Collier County Health Freedom Resolution. This item is supported by Commissioner Hall. CHAIRMAN LoCASTRO: I'm going to make a little editorial before we start, a little something different. Citizen input is so important in meetings like this, and we're about to get citizen input on both sides, okay. We also get hundreds of emails from citizens and have in the last 24 hours. So just, as a citizen myself, back to the citizens in this room, people who might be March 28, 2023 Page 51 watching or somebody that's going to take what I say and cut and paste it and put it somewhere to just maybe get out some more information, 500 emails all saying vote no, period, not signed by anybody, it's from tiger167@gmail.com, is highly respected and welcomed by me, but it doesn't add to the discussion. So if you're really for what we're about to talk about or you're really for the road -- you see how people came up here and eloquently spoke about the plus side and the minus side. Interaction with your elected officials, knowledge, facts, details about why you feel a certain way -- even if -- I'll just speak for me. If I adamantly disagree or I'm totally uncertain, and that's why we're coming here -- I can just speak for me, but I welcome an email that at least has a few sentences as to why you're telling me to vote no. The way local government works isn't a football game. It's not a scorecard. I don't sit here and say, wow, I got 500 emails for. They were all cut and pasted in the same font by somebody who set up an automated Facebook page, and I got 80 emails against, so I definitely should vote for or else somebody's going to put a bomb under my car. That's not really how it works. And so I can tell you, there's people in this room on both sides that I have great respect for because, over the last couple of weeks, regardless of what this outcome is -- and I have no idea because I'm waiting to hear -- have spent so much quality time with us, and even on previous issues. So, you know, what I tell citizens is, you know, thanks for sending me your cut-and-paste one-liner that just says, vote no, I pay your salary -- but that's not how local government works, or that's not how it should work. That's not the most efficient way. So if you're going to come to the podium, you know, I really appreciate that you're here. To citizens that sent us 500 emails and all said, you know, vote no or vote yes but I can't be there, you don't March 28, 2023 Page 52 have to be here. All -- I replied to every single email, and what I said was, I just hope somebody that represents your position is here, because the reality is, this is kind of a court case, and we're hearing from both sides. So if one side has 100 people that took the time to come here and they're going to give us slides and facts and details and subject-matter experts, it does behoove you that if this is such an issue you are passionate about and you filled my email box with 500 cut-and-paste emails, find three people who are retired who can be here for an hour or two so that your side is properly represented. I mean, some of the emails we all got said, well, I can't be here, so I know my voice isn't heard. No, your voice is heard, but get organized in a collective group because this is the final stop. All the discussion for the last two weeks or month, regardless of what the topic -- if it was the paved road or whatever it is, this is the Super Bowl. This is the finals. We're about to vote on something. And so, you know, it behooves you to do the best you can to send us a cohesive -- right, Commissioner McDaniel? -- eloquent email that tries to explain to me why you feel a certain way -- and so this is just me talking -- and it also behooves you to try to come to the final stop here with somebody. And as you see, you can call in, right? You can call in, and we can hear from you or the group that represents your organization. So this is a very important piece. So this isn't us just putting our fingers in the wind, and we've already predetermined a vote, and this is just all smoke and mirrors. Public comment is the most important piece, but how you do it really determines the value of the comment. I've gotten emails from one person that felt like it was 100 emails because it was so well thought out. You know, it wasn't overly verbose, but it was really hard hitting, and it really caused me to think. And not just -- not on this issue. Lots of issues. March 28, 2023 Page 53 And then I've gotten other ones that just said, topic: Vote no. Vote no. Everybody wants you to vote no. Nobody thinks this is a smart thing. And I'm talking generically now. That's your right and I respect it, and I reply to every single one of those emails, and I think my colleagues do as well, you know, when we can. But the reality is, you know, citizen input comes in many forms. This is a very important piece, because it's right before the vote. So if somebody sends me an email and says, everybody feels this way on this issue, and then nobody's here to represent that group, I mean, I'm not saying we make a knee-jerk decision and say, well, they didn't have anybody here, so it must not be important. But, you know, if you're telling me personally in an email that -- or you send me 500 cut-and-paste emails, wow, two people couldn't come and sort of summarize your large group's passionate, you know, piece? So, you know, I just checked at the break, and just -- whether you guys know it or not, we have, you know, like, 300 emails saying no, yes, no, yes, no, yes, no yes. No text, no comments, no sentences. And, you know, it takes away, sometimes, when you have an email buried within your in-box from somebody that really needs help with affordable housing, or they need help with a building permit from the hurricane or -- and, you know, it's buried under 400 emails that are all just cut and paste off of Facebook or social media. So, you know, that's just my editorial. I appreciate the people that are here. I appreciate the people that have sent us emails, whether it was verbose or detailed or long or not, but there's very valuable ways to do it to help us make a smart decision. And so I appreciate those that have taken the time to do it. And, you know, we're going to see local government at work right now. Having said that, let's see, what do we want to do? Do we want to go to public comment first, or do you want to hear -- COMMISSIONER McDANIEL: Go to Commissioner Hall March 28, 2023 Page 54 that brought this forward. CHAIRMAN LoCASTRO: Oh, okay. Well, I didn't see him lit up but, like you said, he sponsored the thing. Commissioner Hall, the floor is yours, sir. COMMISSIONER HALL: Thank you, Chairman. So I brought this up because this is a highly emotional topic. Everybody on both sides is super passionate. And when I ran for this job, I campaigned on this job specifically -- when people said, why would you want to do this? I said I wanted to do this because I didn't want to be told what I should do and what I shouldn't do. And I emailed the current commissioner, and I said, if you vote a certain way, I'm going to run against you. I didn't have to run against him. He went ahead and went his other ways. But that was the main and sole purpose why I ran for this job. Because I've never done government. Never in a million years did -- I ever thought I would be here. But I ran because I understand the role of an elected official is to protect and to secure the liberties of the constituents, of the people. And what I experienced through COVID -- you know, COVID was an unprecedented time. And I'm not trying to dig up COVID and dig up all the wounds, but it was a time that we went through, and we ought to be able to learn from the mistakes that we made. It was things that we did not know. And so decisions were made and actions were taken that benefited some and didn't benefit others. And what I would like to make sure here in Collier County is that everyone has the right to choose their health freedom, their health choices based on what's good for them. I don't want to take away anything from anybody. I want you to be able to listen to your doctor, do what your doctor says. I want to be able to listen to my doctor and do what my doctor says. And I don't want to be -- I'm not going to judge you for one, and I don't March 28, 2023 Page 55 want to be judged for mine. It wasn't that way. And so hindsight being 20/20, I want to learn from the mistakes that I feel like was made from government, from authorities. And I want to make sure that that's -- those mistakes are never made right here in Collier County. So I don't want to -- you know, I'm not saying that you can't believe in science, and I'm not saying that you have to reject science. I'm not saying anything with this ordinance. This ordinance is basically taking the state statutes that our great Governor Ron DeSantis created a free state, and I want to make those and reiterate those ordinances here in Collier County. That's what the Health Bill of Rights Freedom Ordinance is about. The resolution is a resolve. It's a posture that I would like to see us adopt for anything that comes in the future if we see something coming in the future that violates our constitutional rights that are given to us by God almighty. The Constitution doesn't give us our rights. The Florida State Constitution doesn't give us our rights. Our rights are inalienable by God himself, and if that harelips you, I'm sorry. (Applause.) COMMISSIONER HALL: I've gotten emails that said, document to me, you know, that God gave us rights. Document to me that there's even a God himself. And, you know, we live in America, and America was founded on Godly principles, and I would like to see those continued here. I'm not ashamed to say it. I'll say it boldly. And that's the stance that I'm taking. So, you know, the things that stuck in my craw, and the reason I want to bring this forward -- and I'm going to be brief. But it was like, Dot, we thank you for your business. Your business has been amazing here in Collier County. For years you've been a great March 28, 2023 Page 56 service to this country -- to this county, but, you know, through this COVID thing, we're going to ask you to close your business because we deem you nonessential. You know, you're not that important. Well, that's her livelihood. That's not right. That's a violation of liberty that's been -- that was mandated from authority. You know, Scott, we appreciate your work, sir, you know, being with our company. You've been with us for 30 years. You've been a stellar employee. Man, you've added to our bottom line, and you've been a great value to us but, you know what, unless you get this vaccine, we're going to have to let you go. You know, unless that -- you know, and so, those -- those liberties -- freedom's chaotic, people. Freedom says we ought to have the freedom for everybody to have to do this or everybody to have to do that to protect everybody. You're killing people if you don't. That's freedom. But when your freedom infringes on the freedoms of others, that's not -- that's a violation of my liberty. Freedom is the responsible use to create liberty for all, and that's our job as the government. That's why I'm bringing this ordinance forth. I'm looking forward to the conversations. I'm looking forward to hearing both sides. I read every email. And I was voted by 70.1 percent of the people in District 2, that was 27,501 votes. And as I walked the doors and I knocked on doors and I told them why I was running, I may have had 10 people say, well, I don't agree with that. So 180 emails that I got being in opposition is not the majority of the people that I've talked to, so -- (Applause.) COMMISSIONER HALL: I want to -- I want to bring this up. I want to have -- I want to listen to the public comment, and I want to have great conversation with -- amongst my colleagues, and hopefully we can do something positive for Collier County. March 28, 2023 Page 57 CHAIRMAN LoCASTRO: Commissioner McDaniel. COMMISSIONER McDANIEL: And I just want to make one very clear point. Today we are not voting on the ordinance. We are voting on bringing the ordinance back at a future date. COMMISSIONER HALL: Good point. COMMISSIONER McDANIEL: Today we are voting on the resolution, so -- and I'm totally in support of bringing the ordinance forward once I've had an opportunity to review the ordinance that's going to come forward. I haven't personally spent any time on that. And I just want to be very clear that we're talking today about two things, but we're going to vote on bringing back the ordinance at a future date, and we're going to vote on, or not, the resolution. CHAIRMAN LoCASTRO: Such a key point, and it piggybacks on what I said about how many emails we got from people saying, vote yes, vote no, yet I don't even know if they looked at today's agenda. And so I welcome the email. And I don't say that to disparage their involvement, but I actually got a ton of emails that said, please vote no on this because I don't want the government to tell me what to do and infringe on my rights, and that's sort of a little backgrounds. That's a person -- and I'm not saying I know all the answers here. I look forward to this discussion. But, you know, when I read something like that and we pull these all-nighters to read these 500 emails or, you know, hundreds of emails, I'm also looking for a citizen to know a little bit about the topic and not just sort of cut and paste something because they read something on the Internet. And just like Commissioner McDaniel said, look at what we're voting on today. We're trying to take a methodical approach. We want to hear from both sides. We're not here to just do big knee jerks or take scores on how many emails were for or against but they March 28, 2023 Page 58 didn't really understand the topic. I mean, you know, I got 100 emails that were written in the exact same font, the exact same italics. I mean, so that's something that's totally automated. Fine, great. But if you read the text, it was somebody that obviously -- I had people that sent me a note and said, where's the meeting? Okay. You know, we meet here every other Tuesday. It's a county meeting. So, you know, if you're that involved in your local politics or you want to be, you know, maybe Google something before you just sort of shoot out an email. But Commissioner McDaniel said it perfectly, please read what we're actually discussing today, okay. Nobody's running out of here and changing some big giant policy or doing a big knee jerk. But this is the start of discussion about a topic, like Commissioner Hall said, that's been on all of our front burners and something that we've learned a lot of lessons on and, obviously -- and I'll conclude by saying, some of the emails are, I'm so disappointed in all the county commissioners allowing this to be on the agenda. Citizens that might not understand how local government works, do you know how our agenda is built? Not by our own particular desires but citizens coming to us, any particular commissioner or the County Manager, there's a lot of different avenues, and this is -- our agenda is primarily built by citizen input and our input as well. But it's not a matter of us saying, well, I know the citizens want to hear it, and Commissioner Hall supported it but, you know what, I'm not going to allow that. That's not how the United States of America works. So I've been deployed to some countries where it does work the other way. But the way it works here is citizens build this agenda. So if you're a citizen out there and you have a really hot topic that's different and you want to see it discussed in here, it can be, and this is the way it's done. March 28, 2023 Page 59 So nobody's force feeding anything on here. It's citizens who brought this to the -- to these podiums, citizens for -- on both sides. And that's why we're hearing it and, obviously, they've spent a lot of time with us. Commissioner Hall, and then Commissioner McDaniel, and then we're going to go to public comment. COMMISSIONER HALL: Thank you, Mr. Chairman. I just want to say something about the resolution. The resolution, the way it's written, is what if. It's what if things change. If they change like they -- like they were, we want to resolve to take a certain posture. It's not -- we're not -- these whereas statements are not just -- we're not saying they're facts. You know, some of them are accusatory, some of them are assumptive, and some of them are true. So we're not taking these whereas statements as the way they are. We're saying if things change and things come at us like they have the potential to come at us, we're resolving to take certain actions. So just keep that in mind. We're not saying that this is the way things are right now as fact. It's what if things change? What if this situation turns in a negative manner? CHAIRMAN LoCASTRO: And to Commissioner McDaniel's point, this is what's -- this is what's in writing, okay. What are we doing here today? Recommendation to direct the County Attorney to advertise and bring back for a public hearing an ordinance establishing the Collier County Health Freedom Bill of Rights and to adopt the Collier County Health Freedom Resolution, sponsored by Commissioner Hall, and it affects all districts. So he might be the sponsor, but it's something that's district-wide. So, you know, if somebody sent us an email but actually didn't read what we were doing here today, you know, maybe that's just a little point of order. Mr. Miller, how many public comments do we have? MR. MILLER: This number's been a little fluid throughout the March 28, 2023 Page 60 morning, but I'm going to say 30. CHAIRMAN LoCASTRO: Okay. MR. MILLER: It's right around there. Are we ready? CHAIRMAN LoCASTRO: So my colleagues, do you want to -- is public comment -- COMMISSIONER McDANIEL: Let's rock on. CHAIRMAN LoCASTRO: -- like, the best way to start? Okay. Let's -- MR. MILLER: I'd like to remind the public to please queue up at both podiums so we can move along. Your first speaker is John Meo, Jr. He'll be followed by Ray Nord. MR. MEO: Good morning, Commissioners. John Meo, Jr. First one out of the box. Hey, I'll take less than the three minutes. And I'm here, basically -- I'm not an expert on the subject, but I will say this, what my gut tells me. As far as I feel about this ordinance, most people -- many people think an ordinance doesn't have much teeth in it. I'd remind the commissioners that the Declaration of Independence was at one time an ordinance. And the way I feel personally is government has overreached for many years. Recently, it's overreached in every aspect of our life, whether it's medical freedom, whether it's education of our children, whether it's -- whatever the subject is. And my understanding of the Constitution, the government has never had that right or that ability. It's been settled with the people. So I would ask the commissioners to consider approving this resolution because my belief is we need to change the direction of what's happening in our country here. And you, as elected representatives, have that ability. So please consider this resolution. It's very important to many people in this county. And I thank you very much for your time. March 28, 2023 Page 61 CHAIRMAN LoCASTRO: Thank you, sir. MR. MILLER: Your next speaker is Ray Nord. He'll be followed by Scott Kiley. MR. NORD: Good morning, Commissioners. Commissioner Hall, we don't know one another yet, but we will, I assure you. I'm here to ask you to not approve this resolution for -- it's not ready to be advertised. It's incoherent. It has a lot of unsupported statements in it. It misquotes the U.S. Constitution; did you know that? The embedded quotations are not accurate, at least accordingly to the Constitution that I downloaded from the government. So I think it's not ready for public advertising, whatever else. I found it, as I said, incoherent, and I don't think you should -- but I have a more important point. And some of you will remember that I addressed you before on the subject of the sanctuary county for the bill of rights. And I said at that time, and I say again, I don't think the county has a role in interpreting the U.S. or the Florida Constitution in superseding it or overriding it. That is not in your arena as far as I know, and I think you ought to take careful note of whether or not you have the ability to do that. Another point that I want to make to you is that the resolution, as it is expressed in the document that I have, had a lot of hooks for unintended consequences. And unless you scrub those very carefully, you're going to find yourself on the backside of some of these issues unsupported, but you're going to have to defend why you adopted these points as a resolution. So I urge you to not approve this going forward. Thank you very much. MR. MILLER: Our next speaker is Scott Kiley. He'll be followed by DeAnthony [sic] D'Agostina. Mr. Kiley's been ceded additional time from Mary Alger. Will you please indicate your March 28, 2023 Page 62 presence, Mary; raise your hand. MS. ALGER: (Raised hand.) Right here. MR. MILLER: Thank you. And Jill Kiley. MS. KILEY: Yes. MR. MILLER: So she'll have -- or, excuse me, Mr. Kiley will have nine minutes. MR. KILEY: Good morning, and thank you, Commissioners. My name is Scott Kiley. I'm a resident of Marco Island, and I'm a member of the COVID Tyranny Task Force. Today you vote to approve a public hearing on an ordinance safeguarding the healthcare rights and freedoms of Collier County residents and to adopt the Collier County Healthcare Freedom Resolution. The ordinance will adopt current state statutes, and this strategy eliminates preemption issues. You see these statutes get passed in Tallahassee, and the citizens are not -- are not aware of the beneficial details. For example, moms don't know that they have the ability to opt out their children from mandated vaccinations. Employees do not know that they, too, have options to exempt out of vaccinations when they're being coerced into getting an injection to keep their job. Once this ordinance is passed here that mirror state statutes, activists will battle the censorship head on and train our citizens so that they know their options and that they have true informed consent. We are not denying anyone anything, but we are educating and we are informing. By having our own ordinance, we will also highlight state statutes that the citizens believe are unconstitutional. An example, current Florida Law SB2006 allows the state health officer to use any means necessary to vaccinate or treat the individual. Well, what if the vaccination is experimental? What if there is no informed March 28, 2023 Page 63 consent? What if the vaccination kills? Now, amazingly enough, over the past three years this exact level of tyranny unfolded on Collier County citizens, and most of what the public health officials told us to do was wrong, caused harm, and caused death. Obviously, this is a law we must change. We will also vote on a Health Freedom Resolution that states our God-given human rights. Over time we'll use this to change state statutes that are harming Collier County citizens. Ten elements of the resolution include: No medical mandates. Of course, in a free society, there's no place for medical mandates. No discrimination. Informed consent without inference. This is a foundational item found in the Nuremberg Code following the atrocities of World War II. The right of personalized care. We want that right. We need that right. That right should not come from bureaucrats in Washington or federal agencies that are corrupt. The right to exclude third-party interference. This is where we reject the World Health Organization. The right to not be refused care. The right to a mental health review. The right of free movement. The right to a medical advocate. The right to forego unlawful quarantine. Commissioners, this is the future we should all want to leave our children and our grandchildren. These basic human rights are protected in our constitution. When pharma companies have zero liability and knowingly cause harm, including death, our constitutional right of life, liberty, and happiness is being severely violated. Is -- Big Pharma and the FDA and the CDC, are they being honest? Let me connect three dots showing that the pandemic was 100 percent completely avoidable. Number 1, therapeutics to effectively treat COVID were known and available from the very March 28, 2023 Page 64 beginning; No. 2, with therapeutics known, effective, and available, no emergency-use authorization can legally be granted. With no EUA, no vaccine is ever produced. And, No. 3, with therapeutics rolled out, there is no significant death toll, there's no necessity to lock down the county or country. There's no closing of churches. There's no destruction of small businesses and, most importantly, there's no pandemic. We must assure this never happens again in Collier County. You see, we want to trust Big Pharma, the FDA, and the CDC, but after the past three years, how can there be any trust? What do we call this level of deception when it permanently injures, kills innocent lives, mothers, babies, and our finest in the military? And they keep pushing the vaccination. So why did this happen? Certainly, money power, corruption, but the main reason, I believe, can be found in the details of the 2005 International Health Regulations proposed treaty modifications that give the World Health Organization global control. You see, COVID-19 has always been about creating a centralized one-world governance. The globalists find our constitution an inconvenient to their dictates, mandates, and desired authoritarian control of humanity through their great reset. Let's analyze just a few of the proposed changes to the IHR treaty. If the modifications go through, the World Health Organization authority changes from advisory to a governing body whose proclamations would be legally binding. Commissioners, the translation, the World Health Organization becomes a global totalitarian medical police state. Number 2, they will make binding policies on scenarios that merely have potential to impact public health. Well, this is perpetuating a constant state of fear around the globe. Number 3, they will remove respect for dignity, human rights, March 28, 2023 Page 65 and fundamental freedoms of the people. This is the destruction of our God-given rights and the destruction of the U.S. Constitution. Number 4, they will institute a system of global health certificates via digital IDs and vaccine passports. This is Nazi Germany all over again. We remember, "Show me your papers." Last, it greatly expands the World Health Organization's capacity to censor what they consider to be misinformation, and that is frightening. Censorship, of course, is the death of any free society. Now, some good news. In both the resolution and the ordinance being proposed today, we're rejecting control from the W.H.O. and/or any other international body. But we must act today. Time is running out. We cannot wait. It is clearly evident that all of those who imposed the past three years of tyranny, they're doubling down in an effort to crush our voice and our freedom. For every fallen soldier that fought for our constitutional republic, we must stand up and fight back, or all will be lost. Commissioners, regarding the Collier County Health Freedom Resolution, passage today is essential. It outlines fundamental God-given rights protected by our constitution. It promotes fundamentals of bodily autonomy, ending mandates, and ensuring informed consent. It promotes doctors and patients working together once again without interference or persecution. The resolution is a statement of our resolve to do better. It is a statement saying that I acknowledge mistakes were made. It is a resolve in saying we will not close businesses without due process. We will not quarantine the healthy. We will not support tyranny from above that violates our constitution. We will not separate loved ones at their time of death. We will foster free speech that allows doctors to share openly. We will not so casually close our schools. We will seek the truth and not propaganda. March 28, 2023 Page 66 We will never force experimental medical mandates, and we will never again allow doctors and hospitals to deceive patients withholding information vital to their health, and we will not coerce, shame, mandate unproven medical treatments on our unsuspecting citizens. This resolution is not a law. It is a statement aspiring to do better. Most importantly, as I close, we have a grassroots efforts rising up that is unstoppable. When the government acts in a manner that undermines our Constitution, God commands and the U.S. Constitution states, we the people must rise up and clearly state we will not comply. Compliance becomes agreement to authoritarian control. As you know, governments are here for one reason, to secure the rights of the people. Commissioners, please make your mark in history. Let the army of citizen activists carry the torch of our success in Collier County across the state and across the country. Protect Collier citizens. Protect our freedom and protect our constitution. Commissioners, please pass the resolution today and advance the health freedom ordinance to a public hearing. Thank you. MR. MILLER: Your next speaker is DeAnthony D'Agostina, and he will be followed by Scott Sherman. Mr. D'Agostina has been ceded three additional minutes from Lisa Hunsberger. (Raises hand.) MR. MILLER: And she is present in the room. Mr. D'Agostina. DR. D'AGOSTINA: Good morning, Commissioners. My name is Dr. Anthony D'Agostina. I have lived in Naples since 1970 when our family moved here from Cleveland, Ohio. I'm the fourth of seven children. I am currently married, and we have three boys who are in their 20s and one who is 18. March 28, 2023 Page 67 I did undergraduate education at the University of Notre Dame, medical school at the University of South Florida, and my medical training at the University of South Florida. I have been classically trained in internal medicine. I've been board certified for over 26 years, and I am a fellow in internal medicine with the American College of Physicians. I will start by saying that what I've witnessed and seen happen in the medical field over the last three years is nothing short of devastating. After investigation on the whole topic, I can only surmise that the cause of this is Big Pharma. They control everything. They control the medical education through the medical schools, the hospitals, and our health policy. The only reason I believe that this is possible is because they control our government through lobbying, graft, or some other sources. It has always been my policy regarding vaccinations, new vaccinations, to not recommend them unless they've been out for a year or so so we can adequately educate our patients about any benefits or the risk of the shots, okay, which seemed -- it seemed to have been put aside with the EUA. This has always been modus operandi from the start of this created pandemic. When COVID first came out, I found myself scrambling as to what I could do for my patients. I read a couple of anecdotal reports in the New England Journal of Medicine regarding a doctor in France who was using combination therapy to treat the illness successfully. This includes a macrolide antibiotic, a steroid pack, and an antiviral everyone knows as ivermectin or hydroxychloroquine which, until the pandemic started, were on the list of necessary drugs by the World Health Organization, but for some reason it was removed, you know. And I would argue -- I would try to prescribe this for my patients, and I would get into arguments with pharmacists about who March 28, 2023 Page 68 is responsible for the patient's life. Because they refused to dispense the medications even though they've been around forever, and we know the risks and possible side effects. Nevertheless, we were able to find a few pharmacists with open minds who were able to prescribe what I now call the McCullough protocol designed by Dr. Peter McCullough for a number of my patients. By the way, as an aside, Dr. Pete McCullough is the most published internist and cardiologist in this country, and he's been defamed and censored and all the other things that happens to good doctors. To date, I've treated approximately 2,500 patients for COVID-19 with this protocol and, to date, almost none were hospitalized and nobody died. Everyone, for the most part, recovered. From the start, I felt that COVID-19 was very much like the flu and should be treated as such. We have known for a long time that influenza, if not treated early and aggressively, sometimes can become worse to the point where patients end up in the hospital with viral pneumonia. What I believe caused the high mortality initially with COVID was the concept of therapeutic nihilism where patients were initially turned away and told, you have COVID. Go home and lock yourself in a closet and avoid everybody on the earth. Well, needless to say, most of them ended up back at the hospital with viral pneumonia. As it turns out, after these past two-and-a-half years with successful treatment protocols that have been used, such as the McCullough protocol, the FDA finally admits that COVID should be treated very much like the flu. The other interesting fact is that suddenly there were no cases of flu for two-and-a-half years, everything was COVID, which is -- I find hard to believe because the flu's been around for 100 years, and March 28, 2023 Page 69 it's making a resurgence this year, okay. That was my aside. But it would turn my stomach every time that the news mentioned the vaccination and Operation Warp Speed. In my opinion and from my experience, this is absolutely not necessary. That said, in my practice, even though I advised patients to the opposite, I've witnessed at least four patients who suffered death after multiple vaccinations. One patient was 48 years old and suffered a hemorrhagic stroke. I've had several patients develop cancers completely out of the blue. One previously healthy patient developed pancreatic cancer and was dead within six months. I had several female patients develop breast cancers all in a cluster after having repeated negative mammograms in the past. There are several -- there were several theories regarding this, including one that I call immune symptom distraction because of how the vaccinations work, which I could explain in another talk. Another problem I had with the CDC recommendations was the social distancing and the mandated mask wearing, which is absolutely illogical. Several peer review studies have always been available that demonstrate that masks do not provide any more protection than your own immune system that's provided you by the hand of God. Simple hand washing and behavioral changes, as we have always done during the cold and flu season, is all that is really necessary. The illogical 6-foot distancing defies common sense, and its origin was very suspicious. That said, it breaks my heart to see children wearing masks at school. There have been several studies that demonstrate that this causes significant problems with delays in behavioral growth, okay. As a final point, the shots have been so ineffective at preventing COVID that recently most patients that are admitted to the hospital with COVID have had a history of multiple shots. This is not the March 28, 2023 Page 70 case with patients that have natural immunity. I would add that I have been exposed to COVID and have displayed strong natural antibody and immunities to COVID. Because I refused to get the shot, at Naples Community Hospital my privileges were denied for 18 months where I couldn't visit my patients even if they were hospitalized with COVID. When Johns Hopkins and the CDC actually demonstrated in their studies that natural immunities are over 27 times more durable and powerful at preventing COVID than anything you can get from one of Dr. Fauci's shots, the hospital finally reneged and restored my privileges. I must say that it has been a bizarre experience; however, mostly it has been heart breaking because what has happened has really transformed medicine. In my opinion, these days we have a dichotomy of physicians. On the one hand we have corporate physicians who are employed by large group practices who are more concerned about their paychecks than doing what is right, and on the other hand, we have the independent thinkers who make every effort to inform their patients of the risks and benefits of COVID or any of these shots. I refuse to call them vaccinations, because a vaccine, as we all knew in the past, is supposed to prevent illness. In addition, it is amusing that they have changed the definition of vaccine in order to satisfy their indication for multiple repeated injections. The sad results of mandates is that it has destroyed the doctor/patient relationship. I am a member of the AEPS, and we wear these black ribbons to symbolize the death of the doctor/patient relationship, because the trust has been taken out of the relationship with the media, et cetera. And -- CHAIRMAN LoCASTRO: Doc, please wrap up. DR. D'AGOSTINA: I will. March 28, 2023 Page 71 CHAIRMAN LoCASTRO: Thank you. DR. D'AGOSTINA: Okay. I thought I had three minutes that was given to me. In closing, I cannot overemphasize the need to pass this resolution. Mandates are unconstitutional. Every medical treatment or procedure has risk. When there is a risk, there must also be a choice unless we reproduce the practices of Dr. Josef Mengele in Nazi Germany. I thought that the Nuremberg trials put an end to all of this. There is no place for medical mandates in a free society. There's not much more that I could add to this, as I could speak forever about this. Thank you much -- thank you very much for your time. MR. MILLER: Your next speaker is Scott Sherman. He'll be followed by Dr. George Yiachos. Mr. Sherman has been ceded additional time from Jay Kohlhagen. MR. KOHLHAGEN: Right here. MR. MILLER: All right. And by Darwin Brandt. MR. BRANDT: Yeah. MR. MILLER: Okay. And we'll have a total of nine minutes. MR. SHERMAN: Okay. I don't think I'm going to take nine minutes. Thank you, guys, for working with us. I really appreciate it. My name's Scott Sherman. I'm representing today, as a bioengineer, Dr. James Thorp. We were trying to get him to call in with his data. He has some very powerful data and, unfortunately, due to technical issues, he was unable to call in, and so I'm going to present his data. Now, Dr. James A. Thorp, he's an OB/GYN and maternal fetal-medicine specialist out of Gulf Breeze, Florida, so he is local; semi-local. He's in our state. And the study he was going to March 28, 2023 Page 72 present is called COVID-19 Vaccines and the Impact on Pregnancy Outcomes and Menstrual Function. Now, the beauty of his study is -- I spent 35 years as a bioengineer -- and he has a multi-center study that's done in George, Colorado, Alabama, California, and Missouri. And they started studying the flu vaccine in pregnant women in 1998. So he's got more than 20 years of data studying vaccines in pregnant ladies. And when they released the mRNA data, it lit up like a Christmas tree with his standard protocols and everything else. So this man knows vaccines. He knows pregnant women. And let me list some of the things that he saw light up. Menstrual abnormality, miscarriages, fetal cardiac disorders, fetal growth restriction, abnormal fetal testing, low amniotic fluid, preeclampsia, preterm premature rupture of the membrane, premature delivery, and fetal stillbirth. Some of these were in the thousands of percentiles going up. So, again, it's a multi-center randomized study, which is the most powerful kind of study you can have. He also lists in his presentation 34 independent sources collaborating those, including foreign country governments and mini schools. So he's got a lot of data that backs this up. And, effectively -- I don't know if you guys know statistics, but when you look at the 20 years prior and all the vaccines, you know, we had kind of a baseline of about five or six problems per thousand women, and then when you -- in the U.S. population, when the mRNA technology was released, it went up to a 40 sigma increase. Now, a 3 Sigma increase puts you in the 98th percentile, so just think about that. We're off the chart here with these problems with the mRNA technology in pregnant women. A very strong study. When you include the Canadian data in this, because they were mandated to get the vaccine, it goes up to 300 Sigma or 100 times more than something that would be astronomical in a statistical March 28, 2023 Page 73 world. So what we're seeing here is the mandates just completely -- of this have completely taken away our freedoms and caused harm and death, significant harm and death to our most vulnerable population: Unborn children and pregnant women. So it's important that you guys protect these freedoms. Pass this resolution, pass this ordinance on to be reviewed, and, you know, protect these freedoms, because the governments aren't right. Our medicine should not be dictated by any government, any nongovernment organization, any international organization. It should be decided by the patient and the doctor. Even hospitals should not be able to get in the way between a doctor/patient relationship. Insurance companies should not tell a doctor how they can treat their patients. So we need the protection from these failures we've seen over the last few years. Thank you. (Applause.) MR. MILLER: Your next speaker will be Dr. George Yiachos, and he will be followed by Karen Kingston. Mr. Yiachos -- and I hope I'm saying that right -- has been ceded three addition minutes from Elissa George. (Raises hand.) MR. MILLER: For a total of six minutes. DR. YIACHOS: Good morning. I'm Dr. George Yiachos. I'm a board-certified specialist in cardiac vascular diseases and the nuclear cardiology. I've been practicing for over 30 years. I have practices in New York and here in Collier County. And I'm not here representing any particular corporation or hospital system. My education and career were shaped by the understanding that I would help guide my patients through their health crises so they can live long, healthy lives free of disease as long as possible. This was March 28, 2023 Page 74 accomplished by sharing information on how diseases occur, how the -- how they affect the complex interworkings of the body and what the latest medical science and technology could do to cure or alleviate these problems; at the very least, how to reduce suffering in the case of terminal illness. All medical decisions required informed consent and cooperation from the patient. The patient was the principal decision marker for their healthcare, and I was their intelligence gatherer, their technician. I was their counselor, and I prayed for the best results for that patient. That all changed with the COVID pandemic. I witnessed a bio-weapon assault not only on this nation, but on the sanctity of the physician-patient relationship. What did I observe? In the weeks leading up to the landfall of COVID in the U.S., I witnessed state health boards and hospital systems accruing ventilators and begging trained physicians, PAs, NPs, retired nurses, podiatrists, and dentists to train themselves on how to put a ventilator in a patient because they really thought that there was going to be a healthcare shortage, workers were going to get sick and be out of the -- out of commission. I witnessed no fervor on what to do before the patient reached the point where they needed to be intubated. I witnessed ERs turning sick people away who needed care only to be sent home without help or medications. They would show up 10 days later only to die or to get admitted, get paralyzed, get intubated, and then die a lonely death many weeks to months later. I witnessed very few deaths with the people who did not go to the hospital during the pandemic, and I took care of a lot of those people contrary to what the hospital requested of me. I witnessed major hospital systems taking pride in their care despite a 90 percent death rate for in-hospital patient care. I March 28, 2023 Page 75 witnessed only a handful of physicians who were looking through research for solutions where there were many. I witnessed studies showing how, when given early, things like hydroxychloroquine, ivermectin, vitamin D, vitamin C, zinc, quercetin, and certain antibiotics could help patients overcome this serious illness. Despite this, corporate pharmacies and state boards collaborated to purposefully block these life-saving medications, and they even threatened to terminate access to supplements. I witnessed the purposeful suppression of free speech by the state health boards, social media, and hospital systems. Physicians' licenses were threatened if they spoke about any of these alternative therapies. I witnessed no family members at the bedside; just one phone call or Zoom call a day was the only communication between families and these dying patients. I witnessed the CDC-approved therapy called Remdesivir get nicknamed "run, death is near" by the nursing staff, and despite the adverse events observed with this medication, it's still being used today. I witnessed physicians taking vaccination -- sorry -- faking vaccinations because they didn't want an experimental therapy for fear of losing their license and livelihood; therefore, they wouldn't speak to their patients about this either. They wouldn't tell them what the fear was. I witnessed statistics from the CDC showing no change in annual death rate in 2020 when compared to the previous 15 years but, more shockingly, I witnessed a fourfold excess death rate since the vaccinations began. That's still happening today. I have now witnessed 16 studies showing ivermectin saves lives, yet access to the drug was blocked by the federal government in the past, and there's still difficulties getting this drug to people in certain March 28, 2023 Page 76 states. I witnessed the destruction of informed consent; no access to the ingredients of government-mandated vaccines and denial of access to known side effects. I'm continuing to witness the death and destruction from a bio-weapon called a vaccine that is being encouraged by federal agencies and the pharmaceutical companies that mass produced them. These companies directly benefit from our taxes. As a result of these mRNA shots, extraordinary amounts of people are suffering from myocarditis, pericarditis, reactivate aggressive cancers, clots, strokes, life-altering disabilities, and sudden death even in the part of the population that should be the healthiest: Our kids, our young adults, our 30-year-olds, our athletes, our military. This experience has been so impactful and numbing to the public senses that we are not seeing the deserved panic and concern for the second and most powerful bio-weapon that hit the United States, and that's the experimental mRNA shot. Maybe you may think this is old news and the bad times and actions we witnessed are over, but they are not. We are living in a dangerous time where a precedent has been set. We have completely ceded our rights to an oligarchy of Big Pharm and the health officials who do their bidding. There are more children, young adults, and adults dying now than there were during the pandemic. Let that sink in for a second. My Greek and American heritage have taught me that letting one's voice be heard is the first and most important step in resisting tyrannical overreach. Not speaking up loudly and resisting only emboldens a tyrannical system. The health bill of rights we are proposing is only a re-expression of human rights that seem to have been forgotten. Be not concerned with the laws that could preempt what you want to do locally. Be concerned with being bold and impactful. Protect your fellow March 28, 2023 Page 77 human beings from the tyrannical coup that has occurred through our healthcare industry. It should not be so easy to spread a known bio-weapon. With your help, we can restore informed consent and the sacred trust between physician, patient, and their elected representatives. This has to be and can be stopped at the local level where there is no revolving door between our state health departments and the Big Pharma healthcare technocracy. The current situation opens the door for further power grabs during the next health scare. Without action here today, that door becomes a cliff that tyrannical forces will easily push us over when it serves their purposes and greed. Please have the courage to speak up today and have the foresight to protect your children, grandchildren, and your descendants from the third parties who don't have the interests of Collier County citizens at heart. That is precisely what passing this resolution and voting yes to approve the ordinance for public review will accomplish. Use the power with which you have been endowed as the government of the people who elected you, and be the heroes of Collier County. Thank you. MR. MILLER: Your next speaker is Karen Kingston. She'll be followed by Don Priano. Ms. Kingston's been ceded three additional minutes from Beth Sherman. MS. SHERMAN: Here. MR. MILLER: She is present. You'll have six minutes. MS. KINGSTON: Thank you, Commissioners. My name is Karen Kingston. I'm a med/legal analyst and biotech analyst. I have 25 years experience. My work has been recently used in a number of lawsuits across America to prosecute Pfizer, and it's also being used in global criminal investigations for March 28, 2023 Page 78 Pfizer as well. So first I would like to thank you for giving me the opportunity to speak with you. My family is here -- they're not here right now, but they are here with me in Naples, and we're going to be moving here this summer, so I'm very much invested in this community. But something that Colin Powell had once said is that leadership is about your soldiers being able to bring problems to you. Your job is to solve problems, and when your soldiers start -- stop coming to you, then you're no longer a leader. So, as Commissioner LoCastro had said, you have a community of soldiers here, and they look to you as their leaders, and they trust you, and they respect you, and they -- and they come to you, and they're comfortable coming to you to say these are our issues, these are our problems, and we would like your help, and we'd like your support in overcoming these issues and to protect us and to protect our children. So what happens when the federal government and the health care agencies and state governments get it epically wrong? They get facts wrong, and they get the Constitution wrong? What do we do? Because, as Commissioner Hall had said, you're here to protect our constitutional rights and to make sure that they're not -- they're not violated. But when constitutional rights are violated and it's intentional, under 18 USC 241, that's conspiracy to violate rights, and 18 USC 242, it's pretending it's under the color of law that you have the right to take away people's constitutional rights when you do not, and those are criminal investigations that happen when that happens, especially if it results in the disease, disabilities, and deaths of innocent civilians. So did Fauci get it right or wrong when he said we need to lock down the country? Because on March 26th of 2020, he had said the COVID-19 virus has a .1 percent case fatality rate, similar to the flu. March 28, 2023 Page 79 Five days later him and Birx get on stage next to President Trump, and they say 2.2 million people are going to die if we don't lock down our nation and make everyone go on house arrest. Did they get that wrong? They got it epically wrong, and it was a violation of civil rights to make people go onto house arrest. Did President Biden get it wrong when he passed a mandate through OSHA for all employers to vaccine -- vaccinate their employees? Yes, he did, and that was overthrown in 2021. Then he made a mandate for just the federal workers throughout 2022. Five federal courts said, no, Biden has overstepped his boundaries. And just on March 23rd, a federal -- a federal judge in New Orleans said Biden definitely overstepped his boundaries, and the federal judge in Texas got it right. If Biden could require millions of federal employees to undergo a medical procedure as a condition of their employment, that's a bridge too far. So both President Biden and the U.S. Supreme Court got it wrong. Under 18 USC 241, that is conspiring to violate people's civil rights. If it results in disease, disabilities, or death it can be punished by life imprisonment. Did Pfizer get it wrong and the FDA get it wrong when they said that this product that they're calling a vaccine prevents COVID-19 infection, when on September 17th of 2021, Pfizer told the FDA actually, it turns out once you get two of our shots over time, you're more likely to get infected with the disease. This was then validated -- oh, I'm sorry. Then also they said it would prevent hospitalizations and it was safe. Well, on November 20th, they told the FDA, actually, if you get our shot -- 409 people came down with severe COVID, meaning they were either hospitalized or they could have died, and that happened within one week of the shot. That does not prevent hospitalization. March 28, 2023 Page 80 Did they get it wrong? Did they get it wrong when, on October 22nd, 2020, the FDA met with all pharmaceutical companies, and they said, we know these mRNA injections are going to cause disease, disabilities, death, heart attacks, blood clotting, pregnancy outcomes, birth defects? This is a violation of the Nuremberg Code. This is a violation of Geneva Article 50. You're not allowed to move forward with criminal investigation when you know that this is going to put children, adults, and otherwise healthy individuals at unnecessary risk. Did they get that wrong? Did they get it wrong when, on December 16th, in 2016, when Obama and Congress signed into law the Cures Act? Under Section 3024, it says, under experimental use of emergency use authorized product, informed consent is not necessary if it is not in the best interest to such human beings. As Scott Kiley said, this is in violation of the Nuremberg Code. It's also in violation of Article 50 of the Geneva Code. Did the FDA get it wrong when they said we should experiment on children, on babies six months to four years of age? This was submitted in June 15th of 2022. Now, five days earlier the FDA met with the pharmaceutical companies, and they said, it's statistically impossible for us to develop a vaccine that's going to be more effective against a child's immune system than the child's own immune system. So should they have ever even moved forward with experimenting on these babies, again, six months to four year olds? In the four-year-old group -- first of all, this study had 4,500 six-month-olds to four-year-old toddlers in it. Only 25 percent of the babies made it to the end of the study. The other 75 percent withdrew. Reasons for withdrawal were serious adverse events, the parent decided to pull them out, and death was a reason for March 28, 2023 Page 81 withdrawal as well. We don't know what happened to 75 percent of those babies. In the toddler group, though, a number of the babies had something called Status Epilepticus. There was dozens of them, meaning they had seizures, multiple seizures multiple time a day. And Pfizer said, well, that's not from our -- that is not from our product. There's one I want to read, too. There was a four-year-old with a family history of seizures and -- actually, they did not have it. And the study investigator -- they have seizures every day and high fever, and the study investigator as [sic] unrelated to the BNT-162 vaccine, but they said it's possibly related to the flu vaccine. This data is so manipulated it's ridiculous. They would never allow a child -- a four-year-old child in a vaccine study to then get a flu vaccine. Again, the reasons for withdrawal are refuse to further follow-up, loss to follow up, and death. I've never heard of anyone calling in to say I'd like to withdraw from the study because I died. One other point I'd like to make is that there were 344 babies who were injected with -- they were supposed to get injected with three shots of the Pfizer shot. Only three babies made it to the end of the study. Only three babies made it one week post the third dose. We don't know what happened to 341 babies. The last thing I'd like to say is that on the Brook Jackson case, which is a $3 trillion case versus Pfizer, Pfizer basically says, we committed fraud with the FDA, or if we had, it's okay because the FDA says that's fine. And the judge said, so -- to Pfizer, so what you're saying is that the FDA gets it wrong? And Pfizer said, yes, Your Honor. They just get it wrong, and we live with it. There's no oversight March 28, 2023 Page 82 by a court? That's it? That's correct. And he said, yes, Your Honor. So Pfizer and our federal government is saying no matter what they do, no matter how many rights they violate, no matter how many people and children they cause disabilities, disease, and death upon, there is nothing anyone can do to stop them. I've lost my papers, sorry. So who -- who do the residents of Collier County turn to to protect the children, the women, and all residents when the FDA and the federal government and state governments get it wrong? They turn to you. And I ask that you get on the right side of history -- or put Collier County on the right side of history as we move forward in this war to protect Americans and protect the Constitution and to pass the resolution as well as to pass the ability to evaluate the ordinance to go forward with vote. Thank you. CHAIRMAN LoCASTRO: Thank you. MR. MILLER: Your next speaker is Dom Priano. He'll be followed by Dr. Pete Chambers. Mr. Priano's been ceded three additional minutes from Ken Frazier. Mr. Frazier is present in the room. You will have a total of six minutes, sir. MR. PRIANO: Good day. Good morning, Board of Commissioners. Thank you for everyone to be here today. It's an honor to be here standing in front of the Board of Commissioners. I am very nervous, but I'm going to get through it as quickly as I can. My full name is -- my full name is Domenico Ivan Priano Cocchella, born and raised in the beautiful City of Naples, Florida. Son of Rosangela Cochella and Alier Perdomo, and happily married to the love of my life, Mazie Kate Priano Cocchella. March 28, 2023 Page 83 I graduated from the Gulf Coast High School class of 2020, and shortly after graduating, I wanted to enlist to serve this country and to uphold our Constitution, and thus I pursued becoming a 5811 military police officer in the United States Marine Corps. No one -- again, no one can enlist into any of the military branches without being deemed perfectly healthy both physically and mentally through MEPS, or a Military Entrance Processing Station, of which I was found to have a clean bill of health. In other words, I was a healthy and eligible young man looking forward to dedicating my life to the Marine Corps and to serving this country. In September of 2021, while in training at Fort Leonard Wood, Missouri, I received orders from my chain of command for the mandate of the COVID vaccine across all branches of the military and was informed that the consequences for refusing the vaccine would result in immediate discharge from active duty with a dishonorable discharge as well as the revoking of all veterans benefits, including Veterans Affairs Health Care, usage of the post 9/11 GI Bill, as well as being made ineligible for Veterans Affairs home loans. The United States military branch and its leaders were willing to strip every single service member, no matter how many years of service or how many medals they've earned, of everything they have accomplished for this mandated vaccine. On September 15th of 2021, I had no choice but to take the Johnson & Johnson COVID vaccine so I could continue my service to this once great country. Sorry. Since February of 2022, I started experiencing mind-splitting pain through the left side of my chest where my heart is, what feels like multiple knives digging into my -- digging into my chest randomly, consistently for a few seconds to several minutes have caused me to drop to the floor in agonizing pain. March 28, 2023 Page 84 On top of the random episodes, I now deal with constant stagnant pain radiating from my heart as well as a strong numbness all across the left side of my body 24/7 no matter what I am doing. I've also been informed that my blood now has a tendency to clot up to the point where the clots are visibly noticeable on both my forearms. Hospitals I was admitted to in Southern California near where I was stationed, 29 Palms California, including Robert E. Bush Naval Hospital located in 29 Palms, Desert Regional Medical Center in Palm Springs, and Balboa Naval Hospital in San Diego, denied any possibility of the symptoms being correlated to the adverse effects of the vaccine. Additionally, each faculty team member and so-called doctors requested that I no longer bring up anything regarding the COVID vaccine while either being hospitalized for what felt like a heart attack and/or a stroke for each and every occasion. I have had -- sorry. I have had fellow service members lose their lives because of this vaccine, service members young as me, just 21 years of age. The vaccine has caused the death of innocent men, women, children, and service members alike. For those service members who are still living on this earth, they're dealing with the same symptoms as mine, if not worse. The American people, as well as those who signed the dotted line to serve this country, are being used as lab rats. Mistreated with no regard to public health and safety from our allegedly elected leaders. I'm only 21 years of age with the heart problems equivalent to a senior citizen. My life has barely even started. My wife and I want to live our whole lives together, have kids and a place of our own. How are we supposed to do that -- how are we supposed to do that when the vaccine has cut my life expectancy in half? March 28, 2023 Page 85 Were the lives of the American people even considered when the mandates were pushed? Were the lives of those who are serving and protecting our country even assessed? Sorry. Commissioners, stand up and do whatever needs to be done to protect the lives of your citizens. Pharmaceutical companies should not have never [sic] been trusted to begin with. Do your part and stop the death and injury of the hundreds of thousands of innocent American lives. Medical mandates must end. Pass the Health Freedom Resolution and Health Freedom Ordinance before more and more innocent lives are ruthlessly taken. I hope the Board does what -- does what is right. Thank you for your time. MR. MILLER: Your next speaker is Dr. Pete Chambers. He'll be followed by Katie Tardif. CHAIRMAN LoCASTRO: Hey, Marine, you serve with honor and pride, remember that. COMMISSIONER McDANIEL: That's right. CHAIRMAN LoCASTRO: From a fellow Air Force veteran to you, I salute you for your service. Never forget that. The discharge doesn't matter. It matters what was in your heart and how you served and how you defended this country, and you did it with honor, and I salute that. MR. PRIANO: Ditto. MR. MILLER: Dr. Chambers has been ceded three additional minutes from Richard Schroeder. (Raises hand.) MR. MILLER: Who is present, or at least he was, yeah, and Doctor -- or Lieutenant Colonel James F. Guzzi. (Raises hand.) MR. MILLER: Am I getting that right? Right there. LIEUTENANT GUZZI: Guzzi. March 28, 2023 Page 86 MR. MILLER: You'll have a total of nine minutes, sir. DR. CHAMBERS: All right. Ready to go? My name is Pete Chambers, and retired lieutenant colonel. Thirty-nine years of service. Started as an infantry guy and a paratrooper and then a Green Beret and then a doctor. CHAIRMAN LoCASTRO: That's it? DR. CHAMBERS: That's it. War kept coming to me. I didn't keep going to it. CHAIRMAN LoCASTRO: I'm an Air Force guy so we can -- DR. CHAMBERS: You understand. CHAIRMAN LoCASTRO: -- kibitz a little bit back and forth. COMMISSIONER KOWAL: And I'm Army. DR. CHAMBERS: Say again? COMMISSIONER KOWAL: I'm Army. DR. CHAMBERS: Go Army, yeah, that's right. So -- we're going to create another situation up here. All right. So first of all, I commend you for your leadership, because I see it. I see this leadership right here, right now, especially what you said earlier, Mr. Hall, Commissioner Hall, I appreciate that, because this is the fight we're in, and I have -- I have changed my talk here about 10 times listening to the people talking, because what I needed to say was already said, and I 100 percent support everything. And I can tell by your hearts and listening to you that you were moved by that marine. I was moved by that marine. I took care of marines. You know we're different branches down range. But as a doctor down range in Fallujah, my job was to keep everyone alive, everybody that wore that flag that's in that corner on their right side. That was my job. So go to the next slide. If somebody can send it for me, or do I do it myself? March 28, 2023 Page 87 MR. MILLER: Just space bar; space button should do it. DR. CHAMBERS: There we go. So that's me, Pete Chambers. I'm a soldier. Been one for a long time. Whistleblower, on 24 January when -- this is what -- I never wanted to be on the Internet doing anything. I didn't have anything. I was a Green Beret. I was a doctor for Green Berets. I was at a Tier 1 unit for a while. My job was to do things in a Title 10 fashion, sometimes Title 50, which are off the books, and my job was to come home and have every one of my guys come home. But one day I had to make a choice. My choice was when I had a two-star general standing in my face saying, Doc -- and this is down on the Texas border where I was working, Operation Lone Star last year -- two years ago -- last two years, and our job was to protect the southern border looking for needles in a needle [sic] stack down there while 12,480 people came across that border on average a week. It's three times as many right now. That's a fight. My job was not -- border patrol's job is different. They take care of civilians coming across. I was looking for bad guys. While I'm doing that, I am interposing under the Doctrine of Lesser Magistrates. John Knox, 1500; look him up. There's a book out there. It's awesome. And what you people are doing, what you commissioners are doing is the Doctrine of Lesser Magistrates. You interpose for your people. I interposed for my marines. I'm not a marine, but I took care of them. I interpose. I stand in the gap. And when I had a two-star general come to me and say, Doctor, you've got to get more shots done here, they're not taking the shots, I said, well, sir, I'm doing informed consents. What are you doing informed consents for? That's been taken off because we had the Care Act thing, yeah. But I'm still a doctor, and I still need to inform them the good, the bad, and the ugly. And this was before it was mandated. It wasn't mandated. Nobody had March 28, 2023 Page 88 taken the shots. I had about a 14 percent vax rate. And then most of them just took one and realized it's possibly bad. When the mandate came along -- and it was coming, I knew it was coming, two, three months, it was coming. Now, meanwhile, we're out there doing operations on the border. Next slide. Next slide, Pete. All right. There's my bottom line up front. I'm going to leave these things with you, and I suggest that please reach out to me, because there's so much more here than I can do in six minutes. But you have to understand that this is a weaponization of public health, a weaponization of the health care system. With the things that have taken place, these codifications, what it resulted in was a two-star general coming to me -- because I'm getting to the story -- saying it ain't about the science, Doc; it's about the policy, all right. Twenty-seven-year-old, myocarditis, pericarditis, soldier on the border. He's out now. Has the heart of an 80-year-old. I empathize that marine, and you'll know more why here in a second. Thirty-seven-year-old got COVID. I had ivermectin in my inventory. They took it out of my inventory. Said, you can't use the ivermectin anymore, my command, my senior doctors who have since retired and apologized to me. But that's what happens when time and information comes out. We can change our minds. We can pivot. I've been on my knees in a puddle of blood working on a soldier just on the other side of the X right out there and done things and thought for many years, did I do the right thing? Because that soldier may not have make it home -- made it home. I have to think. I've got to pivot. I might have done something wrong. Because I take my job serious. I'm a professional, or I was. Sometimes we've got to pivot. Sometimes we've got to grab the bull by the horns and kick down the door like John Wayne. We've March 28, 2023 Page 89 got to go in there and with all -- all intent for what is right, what is legal, moral, and ethical, stand up for those people. Stand in the gap for those people, interpose for them, because it's mandated by God, and John Knox said it in 78 scriptures that he used to the Nobles of Scotland when he interposed. Then our people that wrote the Constitution and the Declaration of Independence, they looked at it, and they used that as part of the basis of it. They used that doctrine. It's important. It's right there. I've got it in yellow. So the "so what." The "so what" is we're at a national security crisis. We know this. We can't hide our head in the sand anymore. We've lost so many military. Out of 35,000 aviators right now across the board, across the board in the military, 35,000, Army, Navy, Air Force, Marines, not Coasties. They're just not in this group. And I don't know about the Space Force. I don't think they exist. But anyway, out of the 35,000, we've got 4,000 significant events, medical events that have happened this last year. That's a lot. That's a significant amount. These are the fittest people in the world in uniform, the fittest people. We are losing our republic if we let these things happen, these little things. That's why we stand in the gap. That's why me as a doc down range, I go in the door sometimes with them because I've got to be there. Because I was a former 18 Alpha, I can command in combat. I can do that. We will do that. We stand in the gap. Whatever our jobs are. Marxist ideology, I don't need to go there. We see it. The bottom left, this is the most important thing for legislators to understand. I've spoken in Alaska to legislators, Idaho, Oklahoma, Texas, and back on the Hill on four National Defense Authorization Acts trying to explain to them why those mandates were killing my soldiers on that border. Because when the guy that came and March 28, 2023 Page 90 replaced me after I was fired for doing informed consents -- I was fired, and the general said, well, you're just an anti vaxxer, and you're going to -- and I said, sir, that's an unlawful order. I can't do that. And that's a -- that's a tough moment for a colonel, a light colonel, when the two star's in my chili. He fired me. He did. He tried to get me, you know, non-judicial punishment for disobeying his direct order. But the most important thing is I return with pride. I return with honor. That's one of the things we talked about in, SERE, Survival Evasion Resistance Escape, is to return with honor. Right now -- right now, this is not cognitive dissonance anymore. This is Stockholm Syndrome. That's what's happened to our nation. They've been given, they've been taken away, they've been given, they've been taken away. And what we have to do is walk in that door like a hostage rescue team and say, follow me if you want to live, because we're at that point. It's time sensitive. That's the current -- or that's the current situation, as I see it. I'm being a sentinel. Why am I here Collier County, Florida? Because this is part of America. And I'm working on a project down here for sovereignty. I've been in five counties now. Speaking up in Sarasota Hospital two weeks ago. We're all in this together. Whether you're left or right, or whatever you are, we're all Americans. We fit under this bell curve of America. And I would die for each and every one of you because you are worth it. You are worth it, and that's what this is all about. That marine is worth it, and we will stand by him because he stood for us. Anybody's that's worn a uniform understands that. Whether you wear one or not, we're all part of this fight, because there's a bigger fight somewhere more spiritual than I can even go into right now. And so we're just going to stay away from that. We've got to control the controllables. The first thing you do March 28, 2023 Page 91 when chaos ensues -- and I've been there. You know why I know? Why I know I've been vax damaged? Oh, that's right. I'm not an anti vaxxer, sir. I took it. I was the first one out of the gate because they said, Doc, you've got to take this. You're going to the border. This is a mandatory thing. I said, all right, roger that. Now, I hadn't done my homework, and it doesn't really matter. I'm willing to take a bullet for my soldiers. You're dang right I'll take this for my troops on the border if I can keep them from taking it. Because I had one slide on the board, skull and crossbones. And the front of it said, "mRNA. Any questions?" And my soldiers are like, no, sir. Get out the door. Go to work. All right. I can tell you that now. I couldn't tell them then. I'm out of the military. All right. Control the controllables. There's chaos. When chaos ensues, that's what we've got to do. When I found out I had demyelination in my brain -- I'm going to go over about five seconds. When I found out I had demyelination in my brain, you know how I found out? Jumping out of a plane at 12,800 feet looking at an altimeter and going into vertigo, spinning like this on terminal velocity on the way to the ground. Pulled out of it, landed my chute about three miles off the drop zone. Went and got an MRI. They said, you've got multiple sclerosis, Doc. I was like, no, I don't have that. I had an MRI after I got blown up the last time in Afghanistan. No, that's what you got. No, it was from the shots. Eleven hundred percent rise in neurologic disorders. I testified it in Tampa, SEALs versus Lloyd Austin. Look it up. That's what it was. March 28, 2023 Page 92 We're all in this together. We're in the fight. And the leaders, they're going to take shots at you no matter what you do. Just know we're behind you. Appreciate you. (Applause.) MR. MILLER: Your next speaker is Kate Tardif, and she will be followed by David Silverberg. MS. TARDIF: What I have to say today is nothing like what I wrote before coming here today. I appreciate Commissioner LoCastro's comments regarding how 10A comes to be on the agenda and what is the rightful discourse regarding 10A today, and I'll try to -- I'll try to stick to that. But I must say I, too, like most, are moved by some of the comments of speakers before me. Despite the fact that I hold opposing views to some of their conclusions, I very much respect the service of our military and other service health professionals, teachers, police. And I say those things not to minimize the comments of the speakers who were military and describe some horrific circumstances, but to say that you can't hear what they said and not feel their pain. So one of the things I'm going to go -- and, I'm sorry, these are going to be pretty random now. I think that public health has to do with the greater good, and public health actions must be driven by qualified medical and health professionals. That's just how public health works. And I don't think anyone would argue that we should not support public health. This should not the forum or the place for us to be rehashing the mistakes of COVID. If we all go back to what was coming out of China -- CHAIRMAN LoCASTRO: Ma'am? Ma'am -- MS. TARDIF: Yes. CHAIRMAN LoCASTRO: -- remember, you're just addressing March 28, 2023 Page 93 us. MS. TARDIF: Oh, so sorry. So sorry. May I have a minute back? Okay. Thank you. In my opinion, this is not the forum or the place for us to be rehashing the mistakes of the management of COVID. Most people will remember how terrified we were at what was happening with people dropping like flies. And I doubt there's anyone in this room who doesn't have family or friends lost to COVID in the early days. COVID was a real phenomenon. COVID happened. The responses were rushed, and I don't -- I'm not making excuses for the professionals who made some poor decisions, but they were making decisions under extraordinary circumstances. What I do want to say is that at this point the only -- the only individuals -- the only agencies that can speak to our government reactions to situations like that and other public health policy are public health -- public medical professionals. We rely on them. And public health actions must be and can only be driven by qualified medical and health professionals, not politicized opinions. The first speaker today spoke of government overreach as a two-way street, and I think most people who are capable of critical thinking can agree with that. You can like it and love it at the same time. The second speaker said this very important ordinance/resolution isn't ready. It's not ready for consideration yet. It needs more work. And the county doesn't have a role in interpreting or superseding the state or federal government. So if we acknowledge those things, then we have to agree that the right place for discourse about 10A is back to the drawing board and reimagining what it is that you want that to look like and even, I would further say, if it's something that we should even be contemplating. That's it. CHAIRMAN LoCASTRO: Thank you. March 28, 2023 Page 94 MR. MILLER: Your next speaker is David Silverberg. He'll be followed by Jennifer Walker. MR. SILVERBERG: Okay. Thank you very much. My name is David Silverberg. I'm a resident of District 2. Thank you very much for this opportunity to speak today. I want to honor the service people and their service and express my sympathies for those who have suffered and, you know, feel that they've been damaged by the past pandemic, as in many ways all of us have been. That said, I want to address the role of the county in this effort. And I'm not going to get into the details and the textual arguments, but I wanted to look at the overall -- the procedure and the appropriateness of these two pieces of legislation. Number 1, they're completely unnecessary. They're completely unnecessary because the state has already passed laws and enacted them, and they're going on two years now prohibiting mandates, all kinds of mandates, whether the vaccine or the documentation or, you know, COVID passports as they're called. Whatever. It can't be done. So this is completely redundant. It's completely unnecessary. It's also, secondly, a -- it's not -- it's not the best use of the time of this county when you have so many other issues of growth, of roads, as we were -- as you discussed earlier. This is a distraction, and it's a major distraction. It does not need to be addressed at the county level or from this county. Also, there are potential expenses in this. I mean, as a taxpayer, I don't even want $600 spent on advertising this. And I think that that's not a -- as small a sum as that is, this is not the best use of our taxpayer money. Fourth, I think that putting this on the agenda, making this an ordinance with potential penalties that are not even really elucidated in the text of the bill would -- unnecessarily divides this county, as March 28, 2023 Page 95 you've already seen -- as you can see today. I mean, people have strong opinions, and that's fine. But I think this would be an unnecessary wedge in this county's population. Also, this -- these measures have the potential to interfere with a scientific administration of our public health and with our first-rate medical establishment here in Collier County. They have enough on their plate without needing additional political interference. And, sixth, if the ordinance is passed and it's challenged in court, then the county has to bear the burden of additional litigation fees and expense and time, and it is simply not worth it when there is already a state law that does what this legislation seeks to do. I want to thank you for your time and your attention. I'm available for any other questions you may have. MR. MILLER: Your next speaker is Jennifer Walker. She will be followed by Joy Vroman. UNIDENTIFIED SPEAKER: Jennifer had to leave. MR. MILLER: Joy Vroman will be followed by Carol Moor. MS. VROMAN: Hi, good morning. I'm Joy Vroman. I live in Naples, ZIP Code 34108. I have been a registered nurse for 33 years with a bachelor's in science from Villa Nova University. I started my career at Johns Hopkins Hospital, Halstead 4, HIV/AIDS floor, the other virus pandemic that did not shut down our country. Mercy Medical Center, associated with University of Maryland. I am also an adult critical care nurse. Naples Community Hospital, Quality Risk Management, I was hired to make orthopedics a center of excellence as a nurse case manager. I have lived in Naples 27 years. I've worked part time as a school nurse in Naples private schools for 20 years. What I saw as a school nurse post pandemic was unbelievable. The amount of post-traumatic stress disorder, depression, anxiety, headaches, March 28, 2023 Page 96 dehydration in students from K, age 5, to 12/18. The majority of my job estimated 75 percent post shutdown of this country and mandatory mask was providing emotional support for these young children living in fear. They were paralyzed in fear. In Florida we were blessed. Our children could take off their mask and go outside and catch their breath, play sports. But what our country did to this generation is a crime against humanity. The children were scared for their lives. COVID in our youth was a cold. On a personal note, why am I here? My father, president/CEO of a large business in Naples that employed 107 employees for 35 years. His home address is Naples 34108. I am his medical HIPAA legal guardian. Against my wishes, advised by my father, my dad got the Moderna shots. My dad got the Moderna booster shot at the end of November 2021. He collapsed two weeks later and broke his neck. Everything that could be ruled out for a patient collapsing was ruled out on my father. Let me repeat, I'm an adult critical care nurse. I know what you have to rule out when a patient collapses. My dad, when he collapsed of unknown medical reasons, broke his neck. After my father was emergently transferred to Jackson Memorial Hospital in December of 2021, he was operated on by the No. 1 neurosurgeon in this country, Dr. Allen Levy. My father is paralyzed from the Moderna booster. He lives a life in an electrical wheelchair. He has 24-hour care in his home seven days a week. He is incontinent in a diaper. My father is completely mentally competent, which is the hardest part. The only mistake my father made is he trusted our government. He trusted our Florida Department of Health. He trusted his doctor. He trusted Dr. Fauci. He trusted the CDC. Every single one of these agencies failed my father, and I know that. I have filled out a VAERS report for my father for the State of Florida and have heard back from no one. March 28, 2023 Page 97 I am not vaccinated, and the reason for that is I did my medical research. I did not stop reading and researching. Nothing made sense. Nothing added up. Our family business in Naples, when they went to be tested, they would wait two to three hours and leave to go home. Every single one of them came back positive. Let me repeat. They were never tested. Our business was open. We were one of the lucky ones. Our employees were able to receive paychecks. No one died from COVID. The only person that was hurt was my father, getting the booster, an honorable Vietnam veteran who came home from war and then was crippled by a shot that wasn't even a vaccine, an experimental mRN shot that did not stop COVID. And I personally got COVID twice as a school nurse keeping our schools open. I did not die. I support the Collier County Health Freedom Bill of Rights and to adopt the Collier County Freedom Resolution. Thank you. MR. MILLER: Your next speaker is Carol Moor. She'll be followed by Dr. Rebecca Smith. CHAIRMAN LoCASTRO: Mr. Miller, this will be our last speakers, and then we're going to break for lunch. All the commissioners are due upstairs to meet with those students at noon. MR. MILLER: I understand, sir. CHAIRMAN LoCASTRO: And then we will -- we will reconvene at 1:00. So, ma'am, you'll be the last speaker before the break. MS. MOOR: Thank you. Good morning, Commissioners. Firstly, nowhere is public health mentioned in the Constitution. The experts that have testified have more than made a compelling case for support of your yes vote for Collier County March 28, 2023 Page 98 Freedom Bill of Rights addressing the medical freedom to come forward for review again. It is so sad that we have to convince anyone of our God-given rights, our constitutional rights not to be forced to wear a toxic face diaper or to accept a poison jab, et cetera, yet here we are. The Commission really doesn't have the power to vote no if you are to uphold your constitutional duty. I implore you to do the right thing and unanimously approve this initiative. Those that oppose this -- and I don't mean you -- are for medical tyranny. I might add they are typically the ones supporting the right for a woman to abort her unborn child. Well, I say to them in their words, "My body, my choice." And I respectfully implore you to stand for us when our state legislature and governor have failed us. And where have they failed us? You know, we are not protected by that 2006 legislation that said they can't COVID jab us because, if you read that, that legislature [sic], okay, if you read from 1097 to 111 [sic], they can put us in quarantine camps, force vaccinate us in Florida, and use any means necessary if we resist. Do you know that? Have you read the thing? Has anybody here read it? Go and read it, because what they did was they protected us from being forced COVID, but they left the wording in from the 1097 and 1111, those lines, that they can quarantine us. I can read the exact letters -- read the exact words if I have time. But I wanted to finish my point and say that I like that -- you know, here's the thing, the W.H.O. is wanting to come in and control us, and our federal government's letting them do that. What's happened is our state legislature has let us down. You are our front line. You are our final defense against this medical tyranny that's coming after us. And, you know, I was talking to the Sheriff out in the hallway March 28, 2023 Page 99 telling him the same thing, and if you guys fail, he's our last defense, you know. He can -- he's the one who's going to have to have a big war on his hands when they come trying to jab us all up with the next invented, you know, plan-demic. So I really implore you to -- well, like Scott said, I know -- I don't know what your procedures are, but figure out a way to vote on it today and get this over with, because time is really of the essence. We have laws on our books that allow them to come in and put any one of us in an internment camp if they don't like the way we sneeze and to force jab us at any means necessary. Can you imagine what that means? Can you imagine, like, 10 armed guys holding me down and stabbing me with their poison? This is what -- this is what the law has said. So just read it because anybody who says that they've taken care of that up in Tallahassee, they have not. They have not taken care of us. You guys need to. God bless you all. (Applause.) CHAIRMAN LoCASTRO: Okay. We'll take a one-hour lunch break, and we will reconvene at 1:00. (A luncheon recess was had from 12:00 p.m. to 1:00 p.m.) CHAIRMAN LoCASTRO: We'll resume our meeting here at 1:00. MS. PATTERSON: Chair, you have a live mic. CHAIRMAN LoCASTRO: Okay. If I can get everybody's attention, we're going to resume with our public speakers. So, Mr. Miller, who's next at the podium? MR. MILLER: Your next speaker is Dr. Rebecca Smith, and she will be followed by April Donahue. UNIDENTIFIED SPEAKER: Dr. Smith was not able to come back. MR. MILLER: Oh, okay. April Donahue, and she will be followed by Libbie Branson. March 28, 2023 Page 100 MS. DONAHUE: Hello. Good afternoon. April Donahue, executive director of Collier County Medical Society, and I speak today on behalf of the board of directors. I am sorry they were not able to make it in person. The Medical Society Board acknowledges and recognizes patient rights and freedoms through our State of Florida statute Section 381.026, the Florida Patient's Bill of Rights and Responsibilities. This promotes the interest and well-being of patients of healthcare providers and healthcare facilities, and the CCMS Board can support the reaffirmation of these rights in Collier County. The CCMS board acknowledges throughout the COVID-19 pandemic there has been a loss of trust by many community members in the many systems that we have in our country at many levels; however, we believe the proposed resolution would not be effective in rebuilding this trust, and we cannot support it as written. At our community level, the CCMS holds great value in the patient/physician relationship and works to preserve the ability to make individual health decisions based on this relationship. We look forward on working with the commissioners in the best interests of our community to follow the preponderance of evidence in health and safety measures, and we would be grateful for any additional time before a vote on the resolution to work with you to make it a more effective resolution. Thank you for your time today. MS. PATTERSON: Chair, before we go to the next speaker, could we just make sure Commissioner Saunders is still on? MR. MILLER: He is still online. MS. PATTERSON: Okay. Just checking. Thank you. MR. MILLER: Your next speaker is -- COMMISSIONER SAUNDERS: I'm still here. March 28, 2023 Page 101 MR. MILLER: Your next speaker is Libbie Branson. She'll be followed by Gene Goldenziel. MS. BRANSON: Good afternoon. Thank you for the opportunity to speak today. I, too, was moved by the experiences of some of the speakers this morning, but decisions are made on statistically projectable data, and I question whether the data presented was statistically projectable. As for the ordinance and the resolution, both documents are based on misinformation, turned scientific facts upside down and inside out, and politicized the basic foundations of our government. Both documents can result in endangering the health and well-being of Collier County residents. What I do know is that in our democratic form of government, we have rights and responsibilities. We have the right to make decisions about our health so long as those decisions do not endanger the health of others. In the case of a pandemic involving a deadly contagious virus, when there is an effective proven vaccine available, it is the responsibility of people to be vaccinated, and it is the responsibility of government to facilitate the vaccination process. As a country, we can be proud of how polio, smallpox, and other deadly illnesses have been controlled, but we cannot be proud of how COVID-19 was handled. Never before in my lifetime have political leaders suggested sipping Clorox cocktails in lieu of lifesaving vaccines or opted out of federally funded vaccination programs. The proposed Health Freedom Bill of Rights Ordinance and Health Freedom Resolution are neither helpful nor free. They have the potential to negatively impact our collective future health, which means we are likely to pay a huge price, a price in lives and a price in dollars. Of equal concern, these documents are wrapped in the language March 28, 2023 Page 102 of patriotism while suggesting that Collier County has the freedom to pick and choose which state and federal laws it wishes to follow. I respectfully urge you to vote no on the resolution today. As for the ordinance, it's redundant with state laws. I suggest you shred it and focus on specific concerns such as affordable housing, our crowded roads, hurricane protections, and other things that are important here and now to Collier County. Thank you for your time. MR. MILLER: Your next speaker is Gene Goldenziel. (No response.) MR. MILLER: I don't see Gene in the room. Julie Wade? (No response.) MR. MILLER: And that is the last two speakers I had registered, sir. It looks like they did not make it back from lunch. CHAIRMAN LoCASTRO: Okay. And nobody on Zoom or -- MR. MILLER: Nobody on Zoom for this item, no. CHAIRMAN LoCASTRO: Okay. I don't have any commissioners lit up, but I kind of want to call on Commissioner Hall to maybe just get us started with some discussion after you've heard all the public comment. COMMISSIONER HALL: As far as -- I do want to say some things about the -- you know, just because we can talk about it, I want to bring some things up on this resolution. You know, I mentioned it -- I mentioned the resolution is in case things change. The ordinance for Collier County is in case things ever change. You know, the way that the Constitution is set up, we do have rights locally. As long as we have a constitutional sheriff who is willing to back the ordinances that we pass, we do have rights. We're not subject to the federal government. We're not subject to just state statute. We have -- you know, that's what local ordinances March 28, 2023 Page 103 are for. So the first whereas, our federal, state, and health agencies have demonstrated a clear inability to be truthful, that's accusatory. That's very assumptive. It's -- we can see that, but as far as when I said earlier being facts, it's fairly assumptive. It's accusatory. The second two, the constitutional rights are violated, yes, they have. We got forced on. Immunity protection to hospitals has been provided, yes, that's true. The first four or five, they can be assumptive or they can be accusatory, and the rest of them are just straight-up facts. I'm fine with the assumptions and I'm fine with the accusatories in case anything ever changes. If that -- if that accusation ever got to be fact, I would want this resolution in place. So it's not like we're just acting today as these are just exactly the way it is today. It's in case it ever got that way. We all -- I'm not going to say we all. There's not -- it's not -- I can't say all. I experienced medical tyranny. I'm not vaccinated; never will be. I never caught COVID. I never social distanced like I was supposed to. I never even really washed my hands like I wanted -- well, like my mama would want me to. COMMISSIONER McDANIEL: Like Dot said to? COMMISSIONER HALL: Yeah. Never once was sick, not one time. I spent a year and a half during COVID, during -- you know, in the campaign shaking hands, talking to everybody. But that was my choice, and that's all I'm asking to be able to -- for other people to do. We want you to listen to your doctor; do what your doctor says. I want to listen to my doctor; do what my doctor says. We don't want to limit or control anybody's freedom. So -- but when I hear the opposition, when I hear the public health, what you want to do is you want to exercise -- you want your March 28, 2023 Page 104 freedom to -- you want my freedom to agree with your freedom. If I don't choose to get vaccinated, then you don't want to lose control based on this ordinance, and that's what I see it as. I don't see like we're infringing on your freedom. We are infringing on your control over us. And that's what the ordinance and that's what the resolution is to me. CHAIRMAN LoCASTRO: I mean, I want to thank all the speakers that came to the podium and not only spoke eloquently, regardless of what side they were on, but were professional. You know, we're trying to figure out how to do this and not be extremists. But there were more than a couple of speakers -- I'll go back to my original point that -- and I respect everything that they say, but when you end it saying, please vote no on this ordinance, okay, well, that's not what we're here to do today. So I don't know who would be the better person to summarize again actually what we're doing today and maybe we're not doing, if it's the County Manager or the County Attorney. Because I don't want it to be one of the commissioners just yet, but County Attorney -- MR. KLATZKOW: The -- CHAIRMAN LoCASTRO: -- for the record, summarize exactly what we -- what's on the table and maybe what's not, to separate rumor from fact, because more than a couple of speakers and hundreds of emails that we've all gotten actually aren't correct. MR. KLATZKOW: There are two essential items before the Board. One is an ordinance. The other is a resolution. With respect to the ordinance, you are being asked if you wish to move forward with -- direct me to advertise it and bring it back for a full public hearing. With respect to the resolution, you may adopt that today. CHAIRMAN LoCASTRO: Okay. COMMISSIONER SAUNDERS: Mr. Chairman? March 28, 2023 Page 105 CHAIRMAN LoCASTRO: Yes, sir. Commissioner Saunders. COMMISSIONER SAUNDERS: If I might, since Mr. Klatzkow has gotten the floor there, I'd like -- we're dealing with the resolution today. I'd like for Mr. Klatzkow to go into some detail -- and this will take a few minutes, but I think we need to know exactly what this resolution does and does not do, not just the general, you know, it's a resolution that we're approving. I want to know what the resolution does from the perspective of the County Attorney. So, Mr. Klatzkow, can you educate me on what this resolution says and what it does? MR. KLATZKOW: The resolution is simply the Board expressing its intents, its desires. It's -- from a legal standpoint, it's nonbinding. It's simply an expression of the Board's will, and it's an expression of, I guess, anger towards the way that the government has handled the COVID-19 and other items. COMMISSIONER SAUNDERS: Could you tell me -- go in some detail as to what's in this resolution, not just that it's an expression of our intent. I'd like to hear what it says. MR. KLATZKOW: All right. And perhaps if Troy could -- MR. MILLER: I'm trying to pull it up. MR. KLATZKOW: We're going to pull it up again on the screen, Commissioner, so everybody can see here. MR. MILLER: It will take a couple minutes here to load. We're having Internet issues. CHAIRMAN LoCASTRO: I mean, am I correct -- I don't want to oversimplify -- the resolution is sort of the verbiage and the nice-to-have wordage, but the ordinance is really the meat, the directive, it's a little bit more of the meat on the bone? Is that a fair summary or not -- MR. KLATZKOW: An ordinance is -- an ordinance is legally March 28, 2023 Page 106 binding. CHAIRMAN LoCASTRO: Right. MR. KLATZKOW: A resolution -- and this board does resolutions of all sorts. It's simply an expression of the Board's will. CHAIRMAN LoCASTRO: Will. MR. KLATZKOW: And we're having technical difficulties. All right. Well, I'll just go -- I'll just go in order. The first thing that the resolution resolves is that there's a right to no medical mandates, stating that it's unlawful in any circumstance to mandate any medical protocol, drug, medical procedure, et cetera, on any patient or citizen of Collier County. Again, this is not a legal issue. If the federal government gives a lawful mandate, for example, you had a smallpox outbreak, you know, we would be bound by it. The second is right to no discrimination. It's against the law to discriminate against any patient or citizen based on their medical or healthcare decisions. Third, informed consent. We're asking that people be given their informed consent from their doctors without any interference by anyone. Number 4 is a right to personalized care. Doctors and patients have the right to use any and all legally available therapies for treatment without reprisal or punishment. Fifth, right to exclude third-party interference. This relates to the concept that we do not have to abide by anything that's not constitutional nor do we have to abide by any directives from the World Health Organization or any other international body. The sixth is the right to not be refused care, all right. No pharmaceutical or medical institution can mandate a person's vaccine or health history status as a precondition to admittance, treatment, or right to do interventional therapy. March 28, 2023 Page 107 The seventh is the right to mental health review. No person in Collier County can be held for more than 72 hours without a judicial remedy in a court of law or in front of a jury of their peers. Though I will tell you that there's a Baker Act that specifically preempts us on this thing, but this, again, is just the Board's intent. Eighth, right of freedom of movement. Health vaccine passports prohibited in Collier County. Again, nonbinding. Nine, the right to medical advocate. Citizen patients have the right to medical advocates of their choice. Ten, right to forego unlawful quarantine. It is unlawful to force quarantine any Collier County citizen without a judicial remedy in a court of law in front of a jury of your peers. COMMISSIONER SAUNDERS: All right. Mr. Klatzkow, a couple questions in reference to the resolution. MR. KLATZKOW: Yes, sir. COMMISSIONER SAUNDERS: Does this -- does this in any way prohibit a hospital from determining who has admitting and treatment privileges in their hospital? All hospitals have physicians that are on their staff. Does this interfere with the ability of hospitals to continue to determine who is capable and qualified to practice medicine in their hospitals? MR. KLATZKOW: It does not. COMMISSIONER SAUNDERS: Now, does this in any way mandate that a physician who chooses not to treat certain diseases with certain remedies, certain procedures, does this require that doctor to do something that the doctor would not be willing to do? Is the doctor, for example, required to provide hydroxychloroquine to a patient that has COVID-19? MR. KLATZKOW: It does not. COMMISSIONER SAUNDERS: All right. In your view, does this in any way interfere with the doctor/patient relationship? March 28, 2023 Page 108 MR. KLATZKOW: It does not. COMMISSIONER SAUNDERS: All right. So, Mr. Chairman and members, I don't have any particular problem with the resolution with the understanding that it's a statement of some intent but of very limited legal significance. But I would like to ask County Attorney -- we're going to be dealing with whether we're going to advertise the ordinance for publication. I'd like to go through the same process with the County Attorney on the ordinance, because I want to -- I want to understand exactly what it does and what it doesn't do. I'm pretty comfortable with what the resolution does not do and what it does, but I want to get comfortable with what the ordinance does. MR. KLATZKOW: Okay. We'll start on Page 2 of the ordinance, Line 41. Line 41 is simply the adoption of existing state law. It is a cut-and-paste that we created for Collier County. Section 6, starting at page -- starting at Line 52, is the same thing. It's simply a cut-and-paste of existing state law that we Collierized. Section 7 is new. It states that the Board shall not impose any vaccination mandate for any of its employees without the unanimous consent of the Board. Section 8 is new. It requires a unanimous vote for a mask mandate or quarantine order. Section 9 is new. It states that Collier County shall not require a vaccine passport as a condition of entry without the unanimous vote of the Board. Section 10, we do not recognize -- and that is new. We do not recognize -- well, unless compelled by federal or state law, we do not recognize any authority by the World Health Organization or any other international body to impose any health mandates within Collier County. March 28, 2023 Page 109 Section 11 simply incorporates the Florida's patient Bill of Rights, which is extensive, into ordinance form. No changes to the state law. Penalties on this ordinance are consistent with any other code violation. They typically go to the Code Enforcement Board or the Special Magistrate. You would get your typical fines, $100 a day, $200 a day, et cetera. And that's it. COMMISSIONER SAUNDERS: Okay. And then, Mr. Klatzkow, in terms of this requires a unanimous vote of the Board to do certain things, this will sound a little strange, perhaps, to some folks. But to repeal this ordinance, if it got to a point where at some point in time the Commission wanted to repeal an ordinance that had these provisions in it, what vote would it take of the Commission to repeal an ordinance that has unanimous voting requirements in the ordinance itself? MR. KLATZKOW: Three votes. COMMISSIONER SAUNDERS: Okay. So in your view, is there anything in this ordinance that changes -- basically changes existing law as it applies to Collier County? MR. KLATZKOW: No, no. The only thing it touches on is the mask mandate. COMMISSIONER McDANIEL: And the vaccine passports and the vaccination of county employees. Those are new. MR. KLATZKOW: We don't do those. COMMISSIONER McDANIEL: Forgive me. I didn't mean to interrupt. MR. KLATZKOW: We don't do that, but, yes, yes. COMMISSIONER McDANIEL: So those are changes. COMMISSIONER SAUNDERS: I would say that, quite frankly, with that discussion from the County Attorney, I don't have any particular problem with advertising the ordinance, but I wanted -- I wanted to go through this because I think it's important March 28, 2023 Page 110 for the public as well as for the Board to know what are we really doing here; what are we changing? And it sounds on this ordinance, other than those mandates in terms of mask and vaccines and things of that nature for our staff, we're not changing -- we're basically codifying state law, which, quite frankly, is part of our legal regime anyway. So with that understanding, I don't have any particular problem with advertising the ordinance. Thank you. CHAIRMAN LoCASTRO: And I just want to -- before I go to Commissioner McDaniel and then Commissioner Hall, just to piggyback on what Commissioner Saunders said, advertising -- everything you just read, advertising the ordinance means we'll have more public discussion. We might change the wording of all this. So if we vote today to move forward to direct you to advertise and bring back for a public hearing the ordinance as you just read it, we're not saying we agree with every line on there. We're just agreeing to further the discussion, correct? MR. KLATZKOW: It would replace -- it would be placed as an Item 9 -- CHAIRMAN LoCASTRO: Right. MR. KLATZKOW: -- on your next agenda. CHAIRMAN LoCASTRO: Yeah. And at the end of that discussion, we might say, you know what? We just had a three-hour meeting on it. I hate everything on there, I'm voting against it, or I think it's all perfect, and we move forward, or I want to change A, B, C, D, and E, right? It would give us all that latitude on the ordinance? MR. KLATZKOW: No. The only thing I would ask from the Board, if you want to make any changes, that we make them now so we could advertise those for the public and then bring back the final March 28, 2023 Page 111 version. CHAIRMAN LoCASTRO: But if during the public hearing we heard new information, we heard -- I mean -- MR. KLATZKOW: You are correct, sir. You are correct, sir. CHAIRMAN LoCASTRO: Right. We have that latitude, I mean, so -- Commissioner McDaniel. COMMISSIONER McDANIEL: Yeah. I'd like to move this along. Because we have two things necessarily that we have today. And I want to ask Commissioner Hall to make the motion to bring back the ordinance -- advertise it and bring it back at a future meeting. I think the County Attorney said our next meeting, but -- COMMISSIONER HALL: I make the motion to move the ordinance forward to public advertising and to pass the resolution. COMMISSIONER McDANIEL: Well, don't do both. COMMISSIONER HALL: All right. So I make the motion to move the ordinance forward to public advertising. COMMISSIONER McDANIEL: And I'll second that. CHAIRMAN LoCASTRO: Okay. So I have a motion and a second. All in favor? COMMISSIONER HALL: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN LoCASTRO: Aye. COMMISSIONER KOWAL: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN LoCASTRO: Opposed? (No response.) CHAIRMAN LoCASTRO: Okay. So moving the ordinance forward for a public -- to a public hearing has been approved unanimously. COMMISSIONER McDANIEL: Now I have -- CHAIRMAN LoCASTRO: Yes, sir, go ahead. March 28, 2023 Page 112 COMMISSIONER McDANIEL: On the second thing, Commissioner Hall, I have -- I have concerns with the resolution. And for those of you who were here during the -- during the event, I advocated 100 percent for personal choice all the way along the line. I have concerns with some of the extremities that are brought forward in this resolution, and I'd like to -- COMMISSIONER HALL: Sure. COMMISSIONER McDANIEL: -- I'd like to have some discussion with regard to these things. You already pointed out that the first whereas is rather accusatory. The third whereas, it talks about -- it makes statements of conjecture almost. The immunity protection, those things -- we know those things were put out there just because of the lack of knowledge that was surrounding the vaccinations and the necessary treatments. I have real concerns with the fourth whereas where it designates the vaccine as a bio-weapon. It may well be. It's been demonstrated that -- or represented, I should say, that it could be construed as a bio-weapon, but I have concerns about us. COMMISSIONER HALL: Didn't we remove that one? CHAIRMAN LoCASTRO: Yeah, which one are you reading? COMMISSIONER HALL: We removed that one. COMMISSIONER McDANIEL: The fifth. COMMISSIONER KOWAL: You have an old version. CHAIRMAN LoCASTRO: Yeah, you've got an old version in front of you, actually. Click on the agenda; they put the latest one in here there. COMMISSIONER HALL: Here. CHAIRMAN LoCASTRO: Just while we're going back and forth -- COMMISSIONER McDANIEL: Because I've got notes on the March 28, 2023 Page 113 old one. The only one I have here is the old one. COMMISSIONER HALL: They're all pretty similar. We did away with two of those. COMMISSIONER McDANIEL: Which ones did we go away with? Because that didn't get to me. CHAIRMAN LoCASTRO: County Attorney, though -- well, for clarification, the ordinance and the resolution, they stand on their own separately. So if for some reason we didn't like -- and I'm just talking hypothetically -- we didn't like the resolution, it didn't pass, it failed or whatever, immaterial. It didn't affect what we just passed unanimously on the ordinance, right? MR. KLATZKOW: That is correct. CHAIRMAN LoCASTRO: We can have an ordinance that goes forward, public hearing, we all agree or we disagree. Resolution is a separate side thing. COMMISSIONER McDANIEL: Yes. CHAIRMAN LoCASTRO: Like you said, that talks more about, like, our position on certain things. It's not really, like you said, more legally -- less legally binding -- not legally binding. Go ahead, sir. COMMISSIONER McDANIEL: I understand the process, which was why I was trying to segregate the two and then have a discussion with regard to the resolution, but I need a minute to go through what's -- CHAIRMAN LoCASTRO: It's all yours. COMMISSIONER McDANIEL: -- actually being -- what's actually being presented because all I have is this one that was given to me yesterday, so... I'm going to go off of my one. Has it been verified with regard to the clinical data, the amount of deaths and adverse cases and those sort of things that is represented in here? Has this data been March 28, 2023 Page 114 verified? COMMISSIONER HALL: Not by me. COMMISSIONER McDANIEL: Okay. County Attorney, is the sixth whereas, the continued experimentation on humans, is that a violation of the Nuremberg Code? MR. KLATZKOW: I think that was removed, sir. COMMISSIONER McDANIEL: Okay. Well, that's good, because I liked -- COMMISSIONER HALL: That was the other one that was removed. COMMISSIONER McDANIEL: -- that one to be removed as well. The seventh whereas -- these aren't numbered, so you'll have to forgive me. The seventh whereas, I think it is, it says, the global organization such as the W.H.O. and the WEF, are not those organizations currently advisory organizations? They have no regulatory authority. MR. KLATZKOW: They have no regulatory authority over the United States, no. COMMISSIONER McDANIEL: Okay. Did we -- COMMISSIONER HALL: That one's not in there, Bill. COMMISSIONER McDANIEL: It's not? COMMISSIONER HALL: No. COMMISSIONER McDANIEL: Forgive me. I'm operating off of the data that was given to me yesterday, so... COMMISSIONER HALL: There's the comment right there on the W.H.O. COMMISSIONER McDANIEL: Sir? COMMISSIONER HALL: I said, that's the comment there on the W.H.O. March 28, 2023 Page 115 COMMISSIONER McDANIEL: Oh, okay. I have a concern with the representation that the United States and the State of Florida Constitution is no longer being upheld. I have an issue with that one. How about the whereas, is the -- is the FDA no longer requiring pharmaceutical companies to conduct animal testings? COMMISSIONER HALL: That's true. COMMISSIONER McDANIEL: That is verified, okay. The way I read the rest of the whereases, they were just reiterations of the Constitution of the United States and the State of Florida. CHAIRMAN LoCASTRO: Commissioner Hall, did you have something -- you were lit up. I just didn't know if you -- COMMISSIONER HALL: Can I ask Scott, on the Pfizer information. Mr. Kiley. MR. KILEY: Yes, sir. COMMISSIONER HALL: Commissioner McDaniel asked me if we verified the data -- CHAIRMAN LoCASTRO: You have to come to the podium, sir. COMMISSIONER HALL: -- on the Pfizer's clinical data on the whereas, and I said I didn't verify it, but -- MR. KILEY: Yes, I verified it, and also I've shared it -- Commissioners, respectfully, I've shared it with you, you know, I think at least twice in emails. You know, we've also provided you guys with just an incredibly extensive study done by dailyclout.IO. We gave you their whole book in electronic format. That -- you know, this -- this data that's compiled in this book is the work of 3,000-plus doctors and scientists and biologists that have poured over the court-ordered Pfizer documents that were released. And so, yeah, the data is there. It is in your possession. Thank you. March 28, 2023 Page 116 COMMISSIONER McDANIEL: Thank you, sir. Well, if -- and it's not a condition of approval, but it is a concern, and that's my representing that the Constitution of the United States and the State of Florida is not being upheld. COMMISSIONER HALL: I'm good to strike that. COMMISSIONER McDANIEL: Strike that, and I'll second your motion for approval. CHAIRMAN LoCASTRO: Well, I mean, I have some -- COMMISSIONER McDANIEL: Well, we can go to discussion as well, but... CHAIRMAN LoCASTRO: So, obviously, the ordinance moving forward goes without saying. We voted on that unanimously. I've said before in this seat, regardless of what the topic was, I'm not a big, you know, supporter of just voting on feel-good things that do nothing. This resolution, I think, Scott, you know, like you said, the County Attorney -- and it could -- it's arguable, but, you know, his opinion is something I think that did have merit. It starts off very angry and very accusatory. And whether I agree with that or not, I mean, voting for it means you're signing your name to every single thing on here. And realistically, to me, I think the bigger meat on the bone is the ordinance, and I'd rather burn brain cells on that. The resolution, to me, is a feel-good thing, walk out the door. Hey, we think all these things went wrong. And I don't know what it does. And so it's the similar conversation I had on the 60-day rental ordinance where I said, you know, half the people at the podium said, well, you know, it will just make people feel better. You know, this might make people feel better, but when I read this line to line, there's some things in here that are more than just feel good. They're very accusatory. They're arguable. There's people that I respect who March 28, 2023 Page 117 came to the podium that would disagree with almost every single thing on here. I'm not saying I 100 percent agree with them or disagree. But I -- I just don't know what the benefit is of this resolution. So I guess I'll ask either Commissioner Hall or anybody who wants to chime in, why approve this? So approve this, and it does what? Much like the 60-day ordinance. You know, the only thing that I voted for that I thought was a feel-good thing, and it was more because I think I was -- because I am a veteran and a patriot and -- was the Collier County Bill of Rights ordinance. But even then, you know, that was just a reaffirmation of we support our country, we support the Bill of Rights. You know, Collier County's going to lead the way. This is something very different, and there's some things in here I agree a thousand percent with but, to me, you either agree with all of this or you don't, because voting for it means we're signing our name to it, and we're not -- we're not highlighting the things that we agree with more. And there's some things that Commissioner McDaniel read in here that I had highlighted in mine where I thought, you know, I don't necessarily 100 percent agree but then, more importantly, why? You know, I think we just unanimously approved the bigger thing, which is the ordinance moving forward and having discussions. This resolution does what? If it failed today unanimously, I really feel like we walk out the door and nothing changes. If it passed today unanimously, nothing changes. It's just a matter of putting very, very specific and, in some cases, accusatory and angry things on paper. And I actually think that this is taking away from our discussion about the ordinance, which I really think is the bigger thing. March 28, 2023 Page 118 So I'm not about just passing feel-good things because, you know, I got 10 more emails saying I should do it. I'm reading this word for word, and I have to believe in this, and I actually don't in a lot of cases. And not because I disagree, but I just -- I don't see the value in passing this. And so I throw that out there as a question. Somebody -- somebody educate me as to why I'm wrong. What is the value of passing this resolution? I know the value of the ordinance, and I'm going to burn a lot of brain cells on that, but the resolution restating these different things, some of them which are very -- COMMISSIONER HALL: Come on up. CHAIRMAN LoCASTRO: -- very specific, you know, I need to hear a little bit more on it. COMMISSIONER McDANIEL: Can I ask you what specific you are having -- CHAIRMAN LoCASTRO: I mean, just how you sort of start out. Like, you know, you said, Commissioner McDaniel, you know, as you started from the top, you know, you started to feel better the further down in the document you got. I mean, I might be over summarizing. But, you know, the thing at the top where we're saying, you know, even the number of deaths and whatnot. So, okay, I understand with Mr. Kiley said, you know, hey, that's all been verified. But I bet I could bring 10 people up here that say it isn't, and I'm saying -- so that makes it an unknown for me. But, you know, accusing our government of certain things and the Constitution, I'm not saying it doesn't have merit, but why? You know, why do we need to approve this? And I'm asking it as a question. I'm not -- I'm here trying to decide my position on this. I never come to this seat with a predetermined position. But as I'm sitting here reading the latest one, passing this does what? March 28, 2023 Page 119 Doc? DR. YIACHOS: So I think the biggest thing we're trying to accomplish with both pieces here is to codify that local control is superior to federal or state control when things are being done that we don't want done. And, granted, right now we're not worried about mandates, right, but that's going to change. It might change next week. It might change two weeks later. Some new bug that comes out of a China lab's going to come our way, and the same people that benefited from this scare are going to be doing the same stuff to us because we didn't step up to put things in place to stop that. CHAIRMAN LoCASTRO: But don't you think the ordinance does that? This is my summary of this. And like I said, I'm being a little bit more, I don't want to say hypothetical, but I want to drive to a decision I feel good about, not just sort of keep score with how many emails I got. I think the ordinance does that. I look at this resolution -- and I might be oversimplifying this. This to me seems like a summary of what happened and why we were so upset about it. And like you said, Commissioner McDaniel, some things happened that we had little control over and then -- or little knowledge of, and then months later, of course, you know, new information came, and it was like, wow, we made the wrong decision at the right time with the information we had, but we didn't have a crystal ball so, you know, there was some of that. But I look at the resolution as all the things we're upset about that happened that we want to make sure doesn't happen again, but then I look at the ordinance and I think, everything you just said, I agree with it a thousand percent. That's why I want to be back in this room talking about the ordinance. It actually legally does something, as our County Attorney said. This resolution here seems like a -- you know, like a kid that's March 28, 2023 Page 120 got a chip on their shoulder and they want to put something in writing to sort of get the last word, and it feels a little bit that way to me. And I want to hear from people who disagree with that assessment as to what the benefit would be. Again, you know, I go back to my initial question: What would be the benefit of this? I don't see the two documents as going hand in hand. I see this as being a nice narrative but the ordinance as being more of the legalese, the meat on the bone, and that's why I think we voted on that one so quickly, because we all agree with that. But this resolution, to me, just seemed sort of like a summary of all the things we're upset about. And I'm upset about a lot of these things on here, but, you know, being a resolution and just talking about it are two different things. COMMISSIONER HALL: Mr. Chairman, Mr. Kiley has a good purpose for the resolution. CHAIRMAN LoCASTRO: Great. That's what we're here for. I'll listen to anybody. MR. KILEY: So, Commissioner LoCastro, to your point about -- oh, I think you called the resolution "feel good." CHAIRMAN LoCASTRO: Uh-huh. MR. KILEY: Okay. So what I'd like to do -- Attorney Klatzkow, can you read, please, No. 7 from the ordinance? COMMISSIONER McDANIEL: We're not talking about the ordinance. MR. KILEY: Well, I know we're not talking about the ordinance, but this is an important point that will dovetail directly -- CHAIRMAN LoCASTRO: Okay. Because -- (Simultaneous crosstalk.) MR. KILEY: -- with the resolution. CHAIRMAN LoCASTRO: We just voted on it unanimously. (Simultaneous crosstalk.) March 28, 2023 Page 121 CHAIRMAN LoCASTRO: I want to know why you want my signature on this. MR. KILEY: And it's going to answer that question, perfectly, if you would, sir. MR. KLATZKOW: You want me to read -- MR. KILEY: Number 7. MR. KLATZKOW: Section 7, vaccinations. MR. KILEY: Section 7, correct. MR. KLATZKOW: Section 7 is vaccination mandates for Collier County employees. Unless required by law, Collier County shall not impose any vaccination mandate for any Collier County employee without the unanimous vote by the Board. MR. KILEY: Okay. So there you go, gentlemen. The Collier County employees, right? They have legislation that gives them the option for no mandates. Am I reading that correctly? Am I hearing that correctly? MR. KLATZKOW: No. What this does is that this board will not impose vaccination mandates on its employees. MR. KILEY: Okay. That's great. So what about the rest of the public? MR. KLATZKOW: It has nothing to do with the rest of the public. MR. KILEY: It does not. COMMISSIONER McDANIEL: No. MR. KLATZKOW: It does not. MR. KILEY: And so in the resolution, Point No. 1, no mandates, you see, we want that same right. We want the same benefit that you guys are willing to give county employees. And so the resolution, for us, is a baby step that allows us to marshal activists across the county and across the state and make meaningful change to combat the tyranny that's coming. And we have to -- we have to get March 28, 2023 Page 122 offensive. It is time that we get on the front side of this. We cannot sit back and play defense. It's obvious that's what's coming with the World Health Organization and what they're contemplating. The level of tyranny has only just begun. Gentlemen, you're giving us -- you're giving us a -- and I don't mean to be disrespectful, because it is what it is, and it's nothing against this Board, but it is a -- it's a thin lifeline in which to move forward and make things better for Collier County citizens. CHAIRMAN LoCASTRO: But why not just put the things in the resolution that you feel are missing in the ordinance in the ordinance? Why am I passing -- because here's something I'm not comfortable with, okay. First line, whereas our federal and state health agencies have demonstrated a clear inability to be truthful, transparent, and consistent in protecting the citizens of Collier County. That's pretty definite. My opinion is, yeah, in some cases you're 100 percent right, but I mean, that makes -- that's written like it's 100 percent. COMMISSIONER HALL: Mr. Chairman. CHAIRMAN LoCASTRO: And, you know, that's one that I -- and there again, we could sit here and go back and forth and happy to glad, you know, this thing. You know, let's change this word. Let's take out this. I just think the ordinance is where the meat is on the bone. If there's something that the ordinance -- like you said, it only protects county workers. The ordinance can be written any way that we want. Why two documents -- I don't look at these documents as being complementary. I almost see them redundant in places, and I see things in the resolution, I think, that are unnecessary and might be feel good to people that I definitely agree with that COVID wasn't handled well and all that. Nobody has an argument with that from me. I just wonder, what is this resolution going to accomplish? I mean, I sound like a broken record. And if March 28, 2023 Page 123 it's going to accomplish that, there's things in the ordinance that are -- that don't protect the citizens of Collier County, and that's what we need the resolution for, then why not just take some of the verbiage out of the resolution and put it in the ordinance and have a better document? MR. KILEY: You know, that's a good question. When I came forward with this strategy -- MR. KLATZKOW: I can answer that question: Because you don't have the authority to do a lot of the stuff in the resolution. It would be unlawful. MR. KILEY: That's exactly right. CHAIRMAN LoCASTRO: That's another reason why I've got a problem with it. MR. KILEY: That's why it's not -- (Simultaneous crosstalk.) MR. KLATZKOW: The ordinance is narrowly tailored, right? The resolution is broad. MR. KILEY: Commissioner LoCastro, when I came forward with this strategy and I met with Attorney Klatzkow, we worked together to form a strategy that did not have any preemption issues. And so that is why we have the two, and that is why the elements in the resolution that, as I described earlier, are aspirational in nature, okay. Rights that we believe are God-given human rights that we wish to -- we aspire to make changes in the state statutes that do not reflect and actually are against our constitutional rights and our God-given rights. That is the purpose of the resolution. And the strategy that we -- that we've laid out is really essential for the Board in that the ordinance follows state statutes, and it does not have preemption issues. And that was a key stumbling block early on. And the resolution is not legally binding. And so, again, it is a statement of aspiration that allows us to move forward and say, March 28, 2023 Page 124 hey, these things can be better. Let's make them better. CHAIRMAN LoCASTRO: I mean, part of my conversation here is to generate some conversation here. I don't -- you know, I'm not a commissioner that says, yeah, I agree with 75 percent of it. Okay. All in favor? Aye. Move on. I mean, I want to feel -- I respect my signature and the citizens I represent, even the ones that I disagree with and the ones that disagree with me. But, you know, I sit here and read, whereas -- you know, we all just came back from Tallahassee. A lot of great things happening in Tallahassee, a whole bunch of things that have nothing to do with COVID that are going to make our county better. I'm sitting here saying, you're asking me to sign something that says whereas our United States -- our United States and Florida State Constitution is no longer being upheld and, as a result, Collier County citizens are being harmed. All five County Commissioners here think -- agree with that statement in its totality? COMMISSIONER McDANIEL: No, we already took it out. MR. KILEY: Took it out. CHAIRMAN LoCASTRO: Well, that's the one that's sitting on -- the one on today's agenda, so... MR. KILEY: Mr. -- Commissioner LoCastro, is it possible? Is it possible? You know, I was here when we evaluated the CDC grant that was returned. CHAIRMAN LoCASTRO: Right. MR. KILEY: And there were -- there were changes made on the fly right here. Take that out. COMMISSIONER McDANIEL: We did. MR. KILEY: Take that out. CHAIRMAN LoCASTRO: Okay. So on the fly here, we took out, based on the conversation we were having here, looking at, you know, two or three different versions, the Florida state constitution March 28, 2023 Page 125 one, correct? Is that what you're telling me? That was part of the discussion you-all were having when you were comparing the old and the new, right? That's one of the whereases that got taken out? COMMISSIONER McDANIEL: I believe it has. We haven't voted on anything yet. CHAIRMAN LoCASTRO: Thank goodness. COMMISSIONER McDANIEL: That's where -- COMMISSIONER KOWAL: I'd just like to see the most current version. COMMISSIONER McDANIEL: I'm thinking that maybe we ought to -- COMMISSIONER HALL: I've got an idea. CHAIRMAN LoCASTRO: Yeah. COMMISSIONER McDANIEL: Hear from him, and then I'll give my idea if it's not better. COMMISSIONER HALL: So in the first one, in the first one we can say, whereas, our federal and state agencies have not demonstrated, strike "a clear inability to be truthful," but have not demonstrated transparency and consistent in protecting the citizens of Collier County. I think we can agree on that. And in No. 1, 2, 3, 4, 5 -- in No. 6, whereas, if global organizations such as the World Health Organization were to subvert the Constitution -- in the Constitution, then these resolutions will -- then we can put that in there. CHAIRMAN LoCASTRO: Do you think the numbers on the Pfizer numbers are worth actually quoting the exact numbers there? Because unless we have, you know -- I mean, I understand what Mr. -- COMMISSIONER HALL: I could strike that. CHAIRMAN LoCASTRO: -- Kiley is saying, but -- and I'm just wondering what the value is. You know, you could make that March 28, 2023 Page 126 one hold its weight without sitting here -- because also, too, when we put something in there, we run the risk of people challenging it and saying, it's not 12,023, and where'd you get -- and I think the bigger statement we're trying to make in there isn't so much about the numbers. I mean, we know there are numbers. They're not zero. But it's -- it's being a little bit more -- I guess having a little bit better verbiage that really covers it in its entirety without being overly specific and then too accusatory or the ability to be challenged, you know, more easily. MR. KLATZKOW: Commissioner, the whereas clause is preparatory. You can eliminate all of them if you want and then just get to the heart of the resolution after the "now therefore be it resolved." CHAIRMAN LoCASTRO: Let me ask you this. We've done this here before -- and I've got some commissioners lit up. But I don't love doing things on the fly like this. I like seeing the piece of paper, and what we've done in previous meetings before is, when we thought we were close, we moved on to other topics, and then we've brought this back and had somebody go outside the room and type this correctly so we know what we're voting on, and we don't all have five different versions here, and we're doing it on the fly. This is very important. I'd rather not do this on the fly. But if everybody thinks we can edit this on the fly, then I'm the lone voice. But we've done that before where we've gotten -- we've moved forward with the remaining business of the county and made this our last thing. Does anybody have an appetite for that since we seem to be going around with multiple versions? COMMISSIONER SAUNDERS: I agree with you, Mr. Chairman. That was -- as a matter of fact, I was getting ready to say that. March 28, 2023 Page 127 I'd like to see the final draft. We've taken some out -- some whereases out. Perhaps Commissioner Hall can work with someone in the County Attorney's Office for a few minutes and come back with another draft that addresses those concerns. But I think you're right, we need to -- we need to have a final draft so we know what we're voting on. CHAIRMAN LoCASTRO: I mean, it's a three-page document, and the last two pages don't require much editing. It's really Page 1 that we're -- oh, that was just taken out two seconds ago, and, you know -- COMMISSIONER McDANIEL: Three. CHAIRMAN LoCASTRO: -- I'd like to -- three seconds ago? COMMISSIONER McDANIEL: No. There are other concerns. I haven't got to Pages 3 and 4 -- CHAIRMAN LoCASTRO: Yeah, and then all the more reason, so -- COMMISSIONER McDANIEL: -- where I have issues. CHAIRMAN LoCASTRO: So then let me give you the floor, sir, and, you know, let's address those concerns, and then if -- you know, I mean, we're here. We've got all the right people here. I'm not a big fan of kicking the can and saying everybody come back in a month so that we can look at a document that has three new sentences in it. But what I would like is give you the floor, and then if it looks like we're heading in a certain direction, we've got time. It's 1:47. We can do other things and, with the right people here, put together a document that we are proud of. Commissioner McDaniel, the floor is yours, sir. COMMISSIONER McDANIEL: Did you unlight? Because you were ahead of me. COMMISSIONER HALL: I turned it off because I got -- COMMISSIONER McDANIEL: Okay. On Page 3, No. 3, March 28, 2023 Page 128 informed consent without interference. I have an issue with "the information intentionally or unintentionally." If we could take out the words "intentionally" with regard to that sentence, I can get happier with that whole process. Number 5, I think if we were to just put a period, which it is, at the end of "Human rights are given by God and these rights are protected by the U.S. Constitution and the State of Florida's Constitution," and not reiterate all of those other things that are suppositions out of the 9th and 10th amendment with regard to interference by these other organizations. I think that would be a clearer statement that we just are acknowledging that the rights are given to us -- or they're God-given rights, and we don't have to exemplify it. Number 6, I feel like we're mandating impositions of thought or premise -- preference on pharmaceuticals and medical institutions. There are medical institutions and pharmacists that are out here that don't concur with our thought processes, and I have just as much concern about imposing my thoughts and wishes. COMMISSIONER HALL: Which one are you on? COMMISSIONER McDANIEL: Page 4 of 4. COMMISSIONER HALL: Number 4? COMMISSIONER McDANIEL: And No. 6 and the right to not refuse care. I think if a pharmaceutical or medical institution chooses to refuse care, for whatever reason, then they have that much -- they have that -- as much of a right to that refusal of care as I do to tell them that they can't. Number 7, the County Attorney's already said that the mental -- the mental health aspects of this are already preempted by state law with regard to the Baker Act, if I'm not -- did I understand you correctly, sir? MR. KLATZKOW: Yes, sir. March 28, 2023 Page 129 COMMISSIONER McDANIEL: Okay. So having that's contradictory to statute, so I really wouldn't rather see that. Number 8, I'm totally okay with vaccine passports, but health -- there again, I feel like I'm dictating policy to private business holders or people to be prohibiting access based upon health and -- vaccine passports is one thing, but someone's -- if someone actually does have a transmittable disease, I feel like a business or a person in our community should have the right to refuse that -- that citizen into their premise. And then No. 9, there again, citizens -- patients have the right for a medical advocate, but the next statement that says "hospitals must," that's where -- and, again, I full well know that there's really no enforceability with a resolution, but Commissioner LoCastro brings up a very valid point. In premise, we're in favor of doing something here, but when I start dictating policy to private individuals or private institutions, I take exception to it just as if -- just as if it was being dictated to me that I had to do certain things by the government. So my thoughts are, just take out the sentence "hospitals must recognize the power of attorney." They already do if they choose to -- if they choose to. They're supposed to, but -- and then No. 10, the question I had was for the unlawful force of the quarantine. It's been represented, County Attorney, that the government could still impose a quarantine. MR. KLATZKOW: Yes. The federal and state government has sovereignty. They could do that. COMMISSIONER McDANIEL: Okay. COMMISSIONER HALL: I would think that the state has sovereignty over the federal government. MR. KLATZKOW: No. Civil -- with all due respect, the civil war ended that. The federal government is supreme. The federal March 28, 2023 Page 130 government is the supreme law of the land. COMMISSIONER McDANIEL: So it No. 10 -- is No. 10 lawfully correct with -- COMMISSIONER HALL: I worry it violates the Constitution. Sorry. COMMISSIONER McDANIEL: That's okay. Don't be sorry. We're -- there again, we've already had this discussion. We don't get -- we don't get to talk about these things until you all are here and Terri's down here writing down all my misspoken words. Number 10, is that a correct statement in law with regard to the quarantine? MR. KLATZKOW: It is absolutely nonbinding. COMMISSIONER McDANIEL: Okay. So those are my other -- those are my other thoughts that I had from the old rendition of what was given to me. CHAIRMAN LoCASTRO: I'm going to say something a little more generic. I'm not going to give you a line-item veto of all the things that are on here. I'm going to just make a generic statement, and then I think it's important for the folks that drafted this and believe in it and have spent a lot of time on it with us -- I mean, you can decide you want to come back at another meeting or take advantage of the time we have here. You know, you're not rewriting the Constitution or the Declaration of Independence here. You know, we're not building the Empire State Building. I would expect you could wordsmith this. So here's the generic thing I would say, because I'm not going to line-item veto it. I just want you to hear my generic statement and, as you read this, have my thoughts in the back of your head if you want me to support this. This comes off as very angry. And that's not -- that's not -- we're all very angry. I sat out in that audience for a year and a half as a candidate and didn't like a lot of the things that were decided March 28, 2023 Page 131 up here. Some were decided with bad info by good people. Some were decided by people who were passionate about a thing -- you know, a certain decision that I, a thousand percent, disagreed with. But I'd like this resolution to evoke leadership and proactiveness and be much more positive. I don't think I need to reiterate the things that happened a year ago that the government didn't do right. I think the ordinance is what we're trying to get passed to not make the same mistakes that happened. But I don't think we need to, you know, have a resolution that the bulk of it just sort of reminds everyone or rubs their nose in it to a certain extent. So I think as, you know, a professional, as I read this and something that I'm going to put my John Hancock on, there's things in here that I think are less -- are worded less than professional -- and we've taken some of those out -- less than professionally, and it's not a document that -- and it's in its totality -- exudes leadership and, you know, proactiveness and even some positivity. And it doesn't mean that -- some of these statements that talk about some of the negative things that have happened. But I think at least hearing that, if you care what my position is, I think you could sit down in a quiet room somewhere and read through these and figure out the two or three words that are a little over the top, a little too much. And I would end this by saying, let's spend this much time or more on the ordinance when we come back here, because that's the actual thing. That's the -- this is frosting, and -- but it's still important, because I don't want to sign something that I think is throwing spears at certain things that are either dusty and old and don't need to be rehashed or are arguable. But the ordinance is the thing that I think is -- that I know, especially what the County Attorney's educating us is that's a thing that has more meat on the bone. So I just think as I read this here, I don't think I need to, you March 28, 2023 Page 132 know, rehash certain things in here that are either arguable or not really worth the paper that it's printed on. It's like, okay, so that statement might be true, but, you know, does it need to be in writing in an ordinance dated 2023? And by our own admission here, we've already taken out a few things that I think were worthy of taking out. There's a few more verbiage things in here that I think are unneeded, and you could still -- you could still leave in these sentences to get the point across without sort of trying to be over the top when it's unnecessary, because then it takes away from the professionalism and the leadership that I think we want to lead with here in Collier County, and it makes it a little bit more personal than it needed to be, is what I would say, so... DR. CHAMBERS: Along those lines, could I say something, sir? CHAIRMAN LoCASTRO: Yes, sir. DR. CHAMBERS: This is exactly what -- when you were saying in the beginning, why the resolution, it's the difference between -- and you'll understand this, and you'll understand this -- taking an oath, swearing an oath to a constitution, or oath of honor, or our oath to the Constitution, we swear that. That would be the ordinance. That's law, and that's what we do. But there's -- there are certain things within the units at the lower level that are not codified. But as a ranger, recognizing that I volunteered as a ranger, fully knowing the hazards of my chosen profession, I will always endeavor to uphold the honor, prestige, and esprit de corps of my ranger regiment. It goes on. The Special Forces creed as well. That's a creed. It's not codified. CHAIRMAN LoCASTRO: Right. DR. CHAMBERS: But it's what I use, and it's what I teach my soldiers to use on the battlefield when they're out there to maintain March 28, 2023 Page 133 that sense of honor and to have all those things lined out which keep us with our left and right limits and understanding our backstops and where we are as Americans. I believe that that's the importance of that other piece of paper. CHAIRMAN LoCASTRO: But, you know, what you just said, Colonel, I agree with it a thousand percent, but everything that you just said, right -- and, yeah, we get it, but we all get it up here, you know. And I think nowadays you don't necessarily have to wear the uniform, although it brings you a lot closer to it. Everything you just said was said with professionalism and leadership, okay. I know, like you said, the codified codes of conduct and all the things -- you know, you talked about SERE training. I've been to SERE. So people don't even know what you're talking about here. I've been there. I did the POW camp and all that. So those codified things is like what you just said is in the ordinance. This is -- this is more of, like you said -- as you were trying to compare it to things in the Army. But everything you just said that was in your, I guess, Army -- or Marine Corps -- you're in the Marine Corp, right, sir? DR. CHAMBERS: Ranger. COMMISSIONER McDANIEL: Ranger. CHAIRMAN LoCASTRO: Or I mean, Ranger. Sorry, that was the other marine who was here. I'm Air Force. So it's Air Force, then everybody else. Although, you're right, I don't know what the Space Force is doing. You and I -- I got you on that one. But I love what you just said, because it was professional. It was said with leadership. Every single word that you just said in that oath and that direction and that mantra was said with professionalism. If you want my support on this, I want this written March 28, 2023 Page 134 by somebody that has that same kind of passion, depth, leadership, integrity. There's some lines in here that are more angry than they need to be. This should inspire people. It shouldn't remind people of all the missteps that happened a year ago. I think everybody knows that. UNIDENTIFIED SPEAKER: No, they don't. CHAIRMAN LoCASTRO: Well, this should do more than just remind them of that. It should be both. And I think this document definitely has merit. I think you can get the verbiage a little closer to what he just said, which was a little bit more of -- you know, a little less of sort of spear throwing and a little more of reminding. What did somebody just say, some people need to be reminded. There's a -- there's different ways to do it. This is just my own personal opinion. We're close, and I think it would behoove having all the experts in here that, as we move forward, go into one of the private rooms here, maybe with Commissioner Hall or bring something back, and if by the end of the day we can have something, you know, we're all more satisfied with. But, you know, we're going to have to have this same deep discussion on the ordinance, because that's going to be something that has a lot of the, like you said, codified, you know, documents in it. MR. KILEY: For sure. CHAIRMAN LoCASTRO: But that guy should be on your small team here, because that passion and also that integrity and whatnot, I like to still see that in county documents. MR. KILEY: For sure. CHAIRMAN LoCASTRO: I'm not here to throw spears. I'm here to be a leader and here to be respectful. MR. KILEY: Yes, yes. CHAIRMAN LoCASTRO: Even on things that I'm angry about. March 28, 2023 Page 135 MR. KILEY: Well, Commissioner, if I could make a comment, please. CHAIRMAN LoCASTRO: Yes, sir, and then I'm going to go to the commissioners here. They're all lit up. Go ahead, sir. MR. KILEY: I hear what you're saying. I agree with what you're saying. I think that the whereases are, as you described, a little angry. You said I'm angry; I'm angry. I think a lot of citizens are angry. But that's okay. I agree, let's stay professional. You know, at the end of the day, we want to use this to make positive change. So what I would ask you to do, take the whereases out, all of them. As Attorney Klatzkow said, let's start right from "now, therefore be it resolved." It focuses directly on the meat and potatoes of the resolution. Commissioner McDaniel, you voiced an opposition under informed consent with regard to "unintentional"; let's strike that. COMMISSIONER McDANIEL: Yep. MR. KILEY: And I believe we have something that is professional, that is positive, that we can move forward with. CHAIRMAN LoCASTRO: And I like that because I think -- we're trying to find balance here. MR. KILEY: Absolutely. CHAIRMAN LoCASTRO: You know, we're trying to move -- and also, too, folks that are on the fence or maybe that aren't here and they're not sure what they believe, we're trying to also explain and convince the citizens that maybe don't have as much knowledge as us and not make them more angry but have them sort of understand what happened, what didn't happen. And so people that know very little about this topic, I want them to read this resolution and not all of a sudden be even more angry. MR. KILEY: I agree. CHAIRMAN LoCASTRO: They may even disagree with it. March 28, 2023 Page 136 And to your point, sir, when you said, let's start at the "now, therefore," like I said, I'm not here to line-item veto it, but I can tell you when I get to the part that says "now, therefore," everything below it, I start to really like that stuff. And the things above, even though I don't disagree with some of them, I just don't think they're necessary. MR. KILEY: I agree entirely. I think your point -- I think you make a great point. CHAIRMAN LoCASTRO: So that's just my thought. I'm going to go to commissioners now. Commissioner Kowal, and then, Commissioner McDaniel, you're on deck, and then Commissioner Hall. Commissioner Kowal. COMMISSIONER KOWAL: Thank you. Yeah, I kind of agree with my fellow Commissioner LoCastro because, you know, if I sign -- if I raise -- you know, I vote for this resolution, I mean, this is saying that I agree with every one of these whereas points, and some of them here I -- you know, they're not my words and, you know, my word is to the people. And I think this can all be summarized in probably a well-written paragraph to a point where it just says that us moving on as a body, for the citizens of Collier County, that we will always take the people's constitutional rights in every situation that's brought before us and always make a decision using constitutionality in making those decisions to protect those rights and the sovereignty of the State of Florida and not allow outside entities to have the ability to interfere with that sovereignty. And this probably could be written up -- because those are my words and the way I feel -- and not so much have a lot of these things that -- you know, and we were talking about weapons. You know, I carried a weapon for 28 years, but it was used for good, you know. March 28, 2023 Page 137 There's not always -- you know, the soldiers in this room can vouch on that, you know. It's a way of life sometimes. But I don't know about -- I wouldn't use my words in this particular paragraph as a weapon, you know. That's somebody's opinion. I've been exposed to a biological weapon, anthrax, before that was used with intent to hurt people or kill people. And when you talk about weapons and you talk about weapons to be used for hurting people, then you have to understand what the intent is. And I don't see that. I don't see the intent laid out for me in this particular paragraph. So, yeah, I have a hard time with some of the things in here. And like I said, I hope we can just come together and probably have a nice condensed well-written paragraph better than I can express it, but I think basically the way I feel about it is that we can say that moving on, and myself, that I will always use the litmus test of our constitution when deciding anything that affects the citizens of Collier County and that would violate them moving forward. COMMISSIONER McDANIEL: Agreed. COMMISSIONER KOWAL: So thank you. CHAIRMAN LoCASTRO: Commissioner McDaniel, and then Commissioner Hall. COMMISSIONER McDANIEL: And I'm going to -- I have two things that I want to say out loud. I mean, there's a lot of tape here and discussion with regard to concerns, representations, statements, the way things are said. My suggestion is, we're going to hear that resolution -- or, excuse me, we're going to hear the ordinance at our next meeting. Why don't we continue the resolution for and until that date and vote on them both then with any final adjustments that are necessary. I can tell you, on the draft of the ordinance that I have in front of me, there are -- there are things that I have concerns with that we're not March 28, 2023 Page 138 going to get into today for and until we actually vote on it. I can share with those -- I can share those with you off-line. But I just -- my thought is rather than -- you know, I was asked to wordsmith this and go through this, which I then found out was three renditions later of what's actually being brought forward today. So my suggestion is -- I'll be happy to hear the ordinance and have discussion about it, but my suggestion is let's continue the resolution aspect of today's vote and work on that when we actually hear the ordinance. CHAIRMAN LoCASTRO: I would concur with that because, like I said, I don't want to have a rush to judgment. I don't want to do something on the fly. This is a document that needs to stand the test of time. But, Commissioner Hall. COMMISSIONER HALL: I agree. I would love to clean up the language. I didn't like the tone of it, and that's why I used the terms "accusatory" and "assumptive," but we can do that, then. I loved what Commissioner Kowal said, the opening paragraph. Just remember that. Remember what you said so we can include that. COMMISSIONER McDANIEL: Did you write that down? Because I wasn't listening. COMMISSIONER HALL: Terri did. But, no, just one statement like that. We'll clean up the language where we can -- where it doesn't sound angry and mean, and we can use this resolution to be leaders in the state from Collier County where we can educate others. This is where -- this is where we want to go. And, you know, every crowd needs a leader, and I would like to see Collier County be that one. So, I'm all about -- I'll make -- (Applause.) COMMISSIONER HALL: I'll make the motion to table this to March 28, 2023 Page 139 clean the language up and bring it back when we look at the ordinance. COMMISSIONER McDANIEL: So I'll second that. CHAIRMAN LoCASTRO: Okay. We've got a motion and a second. COMMISSIONER McDANIEL: I have a comment. CHAIRMAN LoCASTRO: Okay. Commissioner McDaniel. COMMISSIONER McDANIEL: And it's for you, Doc. Or you, Doc. How do you feel about Remdesivir? DR. YIACHOS: I thought I was pretty clear about that. COMMISSIONER McDANIEL: You were. DR. YIACHOS: There's a reason why people call it "run, death is near," right? So the amount of kidney damage that it creates and the amount of death that occurs shortly after getting Remdesivir therapy, statistically, it's crazy that it's still being used. COMMISSIONER McDANIEL: I got it. How do you feel about Paxlovid? DR. YIACHOS: I think it's probably not doing anything. Whatever minimization it does of symptoms it seems that things recur the moment you stop it so, therefore, the solution is continue it longer. COMMISSIONER McDANIEL: Okay. I just -- and -- DR. YIACHOS: And as a class, those inhibitors that were used in the past during the HIV era causes a lot of harm long term. COMMISSIONER McDANIEL: Long term. DR. YIACHOS: And I don't hear anybody talking about that. COMMISSIONER McDANIEL: Well, there hasn't been a long term yet, necessarily. And for folks to know and understand, how many know my mum's in the hospital right now. And from a personal standpoint, my mother was treated with Remdesivir 10 days ago. I'm struggling with that. My brother had March 28, 2023 Page 140 COVID, a four-time -- a four-tour marine -- four-tour marine. My brother was treated with Paxlovid, who also had COVID. So you know the struggle is real for your decision makers. Credence is being taken for what you're sharing on both sides. I don't mean to segregate the folks. But I just want you to know that there's real struggles going on with the representations and the things that are being said, and that's one of the reasons why we want it to be right. Got it? Okay. My comments are done. You can call for your vote. CHAIRMAN LoCASTRO: Okay. So we've got a motion and a second to kick this to the next meeting, tighten up the verbiage, and we will -- COMMISSIONER McDANIEL: I think continue. Continue. "Kick" is a little aggressive. CHAIRMAN LoCASTRO: I don't know. This has all been about aggression. See what it did to me? See how negatively I've been affected? Somebody give me a hug at 2:30 at the break. I'm going to need it. But we're going to continue this in the next meeting, and we're not delaying anything. You know, I like to always highlight this -- and we just -- when we were in Tallahassee and talking about the veterans nursing home, we're talking about sliding the timeline. And, you know, we were all very clear with everyone in Tallahassee. We're not delaying anything. We want to make sure this is correct. We want to be proud of this. You know, to Commissioner Hall's point -- and we've said it in here before -- I don't want to just copy what other counties do. We'll know we got it right when they're copying what we did and not mocking it or what have you. So we've got a motion on the floor to continue this to the next March 28, 2023 Page 141 meeting with better verbiage, healthy discussion, and it gives more citizens a chance to come and speak about it as well. Motion and a second. All in favor? COMMISSIONER HALL: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN LoCASTRO: Aye. COMMISSIONER KOWAL: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN LoCASTRO: Opposed? (No response.) CHAIRMAN LoCASTRO: It passes unanimously. MR. KILEY: Commissioner LoCastro, can I make one last comment? CHAIRMAN LoCASTRO: No. MR. KILEY: No? CHAIRMAN LoCASTRO: No, go ahead. MR. KILEY: No. Listen, first, I just want to say thank you to all the commissioners. And, you know, what I like about this, as much as I wanted to see something get passed today, is I think that getting the input from each of the commissioners, really, you guys taking the time to, you know, reach into your heart and to really come forward with, you know, what you've seen over the last three years, and, you know, add your own thoughts and your own wording, and we'll work together to refine this so that it is really, you know, a resolution that we intend to go county to county, right, and strength in unity, and improve statutes in the state and really allow Collier County to be the beacon of freedom for Florida. We can do that. So thank you guys. CHAIRMAN LoCASTRO: Yep, thank you. And I would encourage people that feel -- regardless of what side you're on the aisle on, you know, share your thoughts with us, March 28, 2023 Page 142 not just a bunch of angry emails, you know, saying vote yes, vote no, you screwed up today, you did great today. You know, we're trying to have a professional discussion and lead from Collier County. So we've got time to do that between now and the next meeting and, you know, I know all of us welcome citizens sending us things, coming to speak with us, calling us on the phone, because we want the best document possible and, you know, we've all decided collectively and unanimously to move forward to continue that discussion. Okay. County Manager, what's next? Item #9B RESOLUTION 2023-57: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROPOSING COUNTY- INITIATED AMENDMENTS TO THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, ORDINANCE 89-05, AS AMENDED, TO ADDRESS HOUSING INITIATIVES TO ALLOW AFFORDABLE HOUSING BY RIGHT IN CERTAIN COMMERCIAL ZONING DISTRICTS WITH A SUNSET DATE; TO INCREASE DENSITY FOR AFFORDABLE HOUSING; TO ESTABLISH A STRATEGIC OPPORTUNITY SITES SUBDISTRICT; AND TO INCREASE DENSITY FOR AFFORDABLE HOUSING PROJECTS ALONG COLLIER AREA TRANSIT ROUTES; SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP; GOLDEN GATE CITY SUB-ELEMENT OF GOLDEN GATE AREA MASTER PLAN ELEMENT AND FUTURE LAND USE MAP; THE IMMOKALEE AREA MASTER PLAN ELEMENT AND FUTURE LAND USE MAP; AND ADDING A POLICY TO THE TRANSPORTATION ELEMENT PERTAINING TO March 28, 2023 Page 143 AFFORDABLE HOUSING ALONG TRANSIT ROUTES; AND FURTHERMORE DIRECTING TRANSMITTAL OF THESE AMENDMENTS TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY. [PL20210000660] (ALL DISTRICTS) RESOLUTION 2023-57: MOTION TO APPROVE ALL 4 INITIATIVES AND EXCLUDE C-4 AND C-5 FOR CONVERSION BY RIGHT BY COMMISSIONER HALL; SECONDED BY COMMISSIONER LOCASTRO - APPROVED (COMMISSIONER MCDANIEL OPPOSED) MS. PATTERSON: Item 9B. This item was continued from the June 28th, 2022, and July 12th, 2022, BCC meetings. This is a resolution of the Board of County Commissioners proposing county-initiated amendments to the Collier County Growth Management Plan, Ordinance 89-05, as amended, to address housing initiatives to allow affordable housing by right in certain commercial zoning districts with a sunset date; to increase density for affordable housing; to establish a Strategic Opportunity Site Subdistrict; and to increase density for affordable housing projects along Collier Area Transit routes; specifically amending the Future Land Use Element and Future Land Use Map, Golden Gate City Sub-Element of Golden Gate Area Master Plan Element and Future Land Use Map; the Immokalee Area Master Plan Element and Future Land Use Map; and adding a policy to the Transportation Element pertaining to affordable housing along transit routes; and furthermore, directing transmittal of these amendments to the Florida Department of Economic Opportunity. Mr. Mike Bosi, your director of Planning and Zoning, is here to present. CHAIRMAN LoCASTRO: Okay. Before Mr. Bosi speaks, I want to give the floor to Commissioner McDaniel. March 28, 2023 Page 144 COMMISSIONER McDANIEL: Just one point of clarification: Are we going to receive a report on the rock crushing job today in person? MS. PATTERSON: No, I don't believe so today. COMMISSIONER McDANIEL: All right. Well, because there were representatives here. Mr. Hubschman's nephew was right there. I just would like to -- if our staff -- if you see anybody -- Jaime, if you see anybody here from that project, they thought that they had to come back today for another report, and I just don't want them to be here. MS. PATTERSON: No, sir. CHAIRMAN LoCASTRO: Yeah. Jaime sent us a detailed report recently. So I think that was good. COMMISSIONER McDANIEL: We got the report, but there was a representative from the project here who was here this morning, and I told him to come back after lunch because I thought we were having -- but then I remembered it was on the consent agenda, and he doesn't need to stay. Thank you. Forgive me for interrupting. CHAIRMAN LoCASTRO: Mr. Bosi. MR. BOSI: Thank you, Chair. Mike Bosi, Planning and Zoning director. We're here today for the transmittal hearings of the GMP amendments for housing that is affordable. Troy, this doesn't seem to want to advance for me. COMMISSIONER McDANIEL: That's a sign. MR. BOSI: Just for our two newest commissioners, just a history lesson. Urban Land Institute developed the Community Housing Plan for Collier County. In March of 2016, the Board directed staff to develop a cohesive plan to meet the affordable housing needs of the county. They basically came together with a March 28, 2023 Page 145 35-member stakeholder group to meet, research, and discuss options that could be utilized to encourage development of affordable housing, brought in the Urban Land Institute in January of 2017. October of 2017, BCC reviewed, accepted the Collier Housing Plan, made recommendations to move forward. And in February of 2018 suggested solutions were presented for the BCC to consider, and staff began implementation of those recommendations. What you see on the screen is all the recommendations that came from that housing plan. A number of them -- the light green were the areas where the Board had at one point in time approved action from the staff to take up some of those suggestions. The bottom portion were individual initiatives that were not supported by the Board, so those were left as they are, and then the darker green were suggestions that were suggested by the housing plan, wasn't initiated by the Board, but was approved by the Board at a later date for wage increases for staff, but then also the Florida voters raising minimum wage. And what we're here today to talk about are the last four initiatives. The last four initiatives -- and these we were the ones where the Board had a little -- lukewarm feelings on, but they've directed staff to move forward with them. And the first is streamline commercial-to-residential conversions. The second is initiate -- or incentivize mixed-use income housing in future redevelopment activity centers. And one of the things I wanted to point out, those two particular suggestions deal with commercial property, commercial zoning property, as well as the second -- or the third one, create strategic opportunity sites. That's -- when you have high employment opportunity sites, allow for higher density housing to provide for workforce needs, another of those initiatives that deal with commercial zoning. And then, finally, increase density along the March 28, 2023 Page 146 transit corridors. And one of the -- one of the things that I would like to point out, as I said, three of the four of these initiatives deal with commercial zoning. What happened last Friday was the state took our ideas, copied our ideas, and implemented a plan, the Live Local Act, which was passed -- it was passed 40 to nothing in the Senate and 106 to 3 in the House. So it was a bipartisan bill. But here's what it does: It requires counties and municipalities to authorize multifamily and mixed-use residential as allowable uses in any zone that's -- any area zoned for commercial or mixed use if at least 40 percent of the residential units in a proposed multifamily rental development are for a period of at least 30 years, and that's as defined by the statutes. That could be up to 120 percent. It prohibits the county from requiring the proposed multifamily development to get a zoning or a land-use change, special exception conditional-use approval, variance or Comprehensive Plan amendment for the building height, zoning, and density. So what that's saying is it eliminates the requirement, and it eliminates the ability for a public hearing. It takes the NIMBY-ism out of it. What it does mean is that these projects, if they meet these criteria, if they have 40 percent established towards affordable housing and it's provided for within a 30-year period, then it goes straight to Site Development Plan. Here's the portions that is somewhat concerning from the Planning and Zoning Department. It prohibits the county or municipality from restricting the density of a proposed development authorized under these subsections below the highest allowed density on county unincorporated land where residential development is allowed. Right now that's 92 units an acre. So what that means is a project that is providing for 40 percent of their units dedicated to at least 120 of AMI is eligible for 92 units per acre without a public March 28, 2023 Page 147 hearing. Another component of it is prohibit a county or a municipality from restricting the height of a proposed development authorized under these subsections below the highest currently allowed height for commercial or residential development in its jurisdiction within one mile of the proposed development or three stories, whichever is greater. So what the state did is the state kind of undercut our GMP amendments. They said, by right, if you provide for 40 percent of your units to affordable housing, you're eligible up to 92 units per acre. Now, unless you have a structure that's pretty high in terms of close proximity within that one mile, your development standards, you're not going to be able to fit 92 units per acre in a two- or a three- or a four-story profile. But what it's saying is that we, as a county, accept, and we take it straight to Site Development Plan. So the proposals I'm going to talk about from a GMP standpoint that we're proposing we don't have as great allowance -- we're not giving that much density away, and we require higher percentages to be targeted to your lower and your moderate level incomes. So the one thing I will say, what the state has done is they've created a much more enticing route for a development to go forward compared to these GMP amendments that I'm going to describe. Now, these GMP amendments that I'm describing that we're proposing for adoption or for transmittal, I believe that they still have some value. I believe that they signify that the county has been working on a plan to finalize that -- the ULI plan of 2017 with the last of the recommendations. And the first -- the first two that we're going to talk about is underneath that conversion of commercial to residential and commercial -- and commercial mixed-use by right. We currently March 28, 2023 Page 148 have in the GMP a commercial mixed-use subdistrict, but it's not a mixed use by right. It has to go through a public-hearing process. And what we've done and what you can see at the top, it says, existing compared to proposed. The existing allows for up to 11 DUs per acre to move forward through a public-hearing process. And we're -- we're proposing to modify it based upon the increased affordable housing density bonus to go to 15 units per acre, and it does not require a public hearing. And this is on commercial -- Commercial 1, Commercial 2, and Commercial 3 zoned properties. And at the -- at the bottom you can see we've got -- also have an expansion of this. Currently, the C-4 and the C-5 properties are not included within this -- the current subdistrict. We're proposing to not only make it by right but to also allow for the mixed-use by right with affordable housing within the C-4 and the C-5 properties, and those can get up to 16 units per acre, and no public hearing is required. The second is the conversion of commercial to residential subdistrict, and that allows for any of your projects that are -- if you look -- and it's a little bit harder to see, but if you look at the red markings along the major corridors, that's where your commercial is. Those are your commercial that's consistent by policy. Those individual parcels would be eligible to convert to residential, but the requirement is it has -- all that has to -- the entire project has to be affordable, and it is has to meet a public facilities -- it has to meet a public facilities test. And if you do so, you can go -- you can get 16 units an acre. As I said, compared to what the state's going to provide, it's not quite as enticing, but it's the same concept that we've -- that we are proposing. The next -- and I've always thought this is one of the most important of our initiatives, and that's increasing our density within March 28, 2023 Page 149 our activity centers and our interchange activity centers. Those are your Pine Ridge and Airport, your major intersections where your commercial activity is. Allow for the density, which is currently capped at 16 units an acre, to go to 25 units an acre. We know that with the advent of Internet retail and the consistent changing amount of square footage that an area can maintain from a commercial standpoint, that there's opportunities within these activity centers, and I think across the street at Pine Ridge Centers you can see a four -- a three- and a four-story complex coming out of the ground and really having a sense of place within those activity centers. It doesn't -- in terms of being able to add higher density to an area that's really associated with high-intensity activity. And the beautiful part of the proposal is the residential development actually creates less traffic than the commercial attracts, so it's a downzoning in terms of the intensification of that intersection. We believe that this is a program that the marketplace will continue to want to take -- will want to take advantage of, and we're proposing that 25 units per acre. The downside to this proposal is it requires a public hearing; whereas, the state's proposal, they could get that 25 units an acre without that public hearing. The fourth -- or the third of the initiatives is the strategic opportunity sites. This is only a GMP proposal, meaning it's allowed for by the GMP. And this is another one where the marketplace has kind of jumped us on that. If you remember, at -- or at the Arthrex industrial complex, about a year and a half ago multifamily was proposed to be able to host the workers and the visitations for Arthrex to add higher density residential to an area that had a tremendous amount of employment opportunities. This is the same concept. When you have an area of March 28, 2023 Page 150 high employment opportunities, whether it be industrial or commercial, we want to be able to promote higher density residential in close proximity to close that spatial relationship, you know, taking needs off our transportation system because of the synergy that you'll get between high employment opportunities and actual residential units in close proximity. And then the last of them is the transit-oriented development subdistrict. And the way that this is proposed -- and all of these are GMP amendments. When they come back to you -- if you do decide to transmit them to the state, when they come back to you, they will be joined by the LDC amendments so you can see the specifics, the nitty gritty of how the LDC is going to implement these concepts. But the concept of this is, if you're on a transit line, you're going to allow 13 units per acre. And those 13 units per acre can be market based. And then if you want to provide for an affordable housing opportunity, you can get up to 25 units per acre. And one of the -- the things that inspired this is when we were designing this particular GMP amendment, I've always heard from the private development side, we need to make sure that we understand that it's a combination to solve our affordable housing. There's government incentives, but there has to be incentives that are further driven towards the development community. So what we're trying to do on this, if you have a TOD development, meaning a transit-oriented development, you're going to either have an existing bus stop within a quarter mile of your project, or you're going to develop a bus stop within that quarter mile. And the kicker is, 50 percent of the units have to be located within a quarter mile of that bus stop. So what that means is the project has to concentrate its development towards the -- towards the transit station, and the number of units and the design of it is going to be oriented around transit use. And the wisdom behind it -- or the March 28, 2023 Page 151 anticipation is those units will be priced at a -- at a more moderate level because of the unique -- the unique design requirements that 50 percent of that project has to be within that quarter mile of that transit station. And this is just kind of an estimation of the score sheet in terms of what would be the potential impacts if we -- if we developed this and all -- there was maximum participation, all the available commercial parcels and parcels along the transit line provided for. As you can see, within the first couple -- within the first couple of the proposals, it's not a huge increase over what our existing GMP is. Those are just a change within the process. But then when you get from the conversion to commercial, it's potential 177 units above what our existing GMP would allow for. Activity centers could potentially have 4,789 additional units over what currently is allowed for. And then strategic opportunity sites, based upon the available [sic] of green fields within the urbanized area, you may have another 408 units above what the GMP allows for. And then the TOD, the transit, that's really where, theoretically, you could have a tremendous windfall of potentially 8- to 15,000 over the -- over the allowed -- current allowance of the GMP, but that's if every parcel along the transit lines were taken advantage of. We know that's not a reality. One of the things that I did -- or I did not put within the staff report, and that's -- or the executive summary -- that was on me. This was taken to the AHAC last year. AHAC unanimously supported these and made a recommendation to the Board of County Commissioners that they -- to support the GMP amendments. It went, in May of 2022, to the Planning Commission. It was a unanimous recommendation from the Planning Commission for the Board of County Commissioners to support the amendments. March 28, 2023 Page 152 That's just a real high-level overview of the proposed amendments, and staff is prepared to answer any questions the Board may have. CHAIRMAN LoCASTRO: Mr. Miller, do we have any public comment on this item? MR. MILLER: Yes, we do, sir. I have eight registered public speakers for this item. CHAIRMAN LoCASTRO: Okay. Commissioner McDaniel, would you like to wait for public comment or speak now? COMMISSIONER McDANIEL: Sure. CHAIRMAN LoCASTRO: Your choice. COMMISSIONER McDANIEL: No, I'd be happy to -- I'll be happy to wait for public comment. CHAIRMAN LoCASTRO: Let's go with public comment before we ask Mr. Bosi some questions. COMMISSIONER McDANIEL: Court reporter? CHAIRMAN LoCASTRO: Oh, it is 2:30. Okay. Let's do that. Yeah, we're at our 2:30 break. So we'll take a break. Can we come back here at -- let's go 2:45 just so everybody can use the restroom, give an extra five minutes. So we'll adjourn until 2:45, and then we'll continue with public comment. (A brief recess was had from 2:31 p.m. to 2:45 p.m.) MS. PATTERSON: Chair, you have a live mic. CHAIRMAN LoCASTRO: Okay. Mr. Miller, let's continue with public comment. MR. MILLER: Your first public speaker for this item is David Bumpous, and he will be followed by John Harney. MR. BUMPOUS: Good afternoon, Commissioners. My name is David Bumpous. I'm the vice president of operations with Arthrex based here in Naples. You're all familiar with us. It's always an honor to come before you to talk about the various March 28, 2023 Page 153 projects and initiatives that are going on, affordable housing being very dear to our heart, being a large local company, growing exponentially each year. I came before the Board back in 2019 to talk about this very subject. And, first of all, I'd like to congratulate everyone, to congratulate the staff, congratulate the Board, because I really see progress being made. And I want to thank Commissioner Hall for inviting me to come today to speak on behalf of Arthrex, and not just about our needs, but about the importance of this topic that we all know is vital to our community, but how do we continue to keep our foot on the gas, and what are those things that we need to do? And so to see Mr. Bosi's presentation there, it gives me a lot of hope. Obviously, having some communication with Tallahassee in the past few weeks also gives us a lot of optimism about the future. And so there's no need to rehash, you know, the discussions of the past with traffic concerns and hiring concerns and all of those issues. It is ironic, though, that as I was driving here today, I thought about the photographs that I put up in 2019 of I-75 in the morning and in the evenings and just how congested they typically were. And I thought, well, this year I would have to put up additional pictures of Immokalee Road and Vanderbilt Beach, and the list goes on and on and on. And we know that's not all about affordable housing. We know with the onset of COVID, a lot of people have relocated to Florida. Who wouldn't want to live in this amazing town that we call home? But it is so vitally important for us to continue to thrive here not only as an industry, as a company, as a global leader in medicine and making people better, but it's vitally important for you as well, the county government. And so, again, I want to just -- with my limited time, I want to March 28, 2023 Page 154 encourage you to do all that you can to promote these ideas, support these ideas. And I love and appreciate the idea of making some of them, you know, sunset over time so that they can be evaluated and improved upon. And I do believe there's one aspect of this that sometimes gets lost. We talk frequently about hiring nurses and doctors and teachers and all these various important roles that we need here in Collier County, and they are vitally important. But there's one subset that we often forget, and that's our children and our grandchildren. You know, I have two high-schoolers, and my wife frequently brings up her fear that they're going to graduate from college and say, Mom, Dad, we just can't simply come back and live in the town that we love unless we live with you. COMMISSIONER McDANIEL: I was just going to say. They could live with you. You've got a big house. MR. BUMPOUS: We all know that story, right? But the reality is that is a real issue we're seeing as a company, and that's why it's so personal, you know, to all of us, quite frankly. And it should be personal. We want people to be able to stay home, continue to grow their communities, you know, provide the valuable input, someday serve, you know, on this amazing board. So, again, I appreciate the time today, and I certainly hope that we will continue to do everything we can to push this initiative forward. So thank you very much. COMMISSIONER McDANIEL: Can I ask, if I may? CHAIRMAN LoCASTRO: We have some questions for you. COMMISSIONER McDANIEL: David, just one quick question, or this is a comment/question. I want to hear from you as one of our largest employers in March 28, 2023 Page 155 Collier County what we can do to help you specifically, besides a global passing of this or that or the other thing. I want -- I want specifics. We have available -- MR. BUMPOUS: Certainly. COMMISSIONER McDANIEL: -- money through the sales tax initiative. We have land holdings. We have a lot of other things. And we don't have to have that discussion today, but that's just for another time for me and you, and for anyone, necessarily, that's listening. Those are the things that I'm actually looking for solution-oriented decision-making. MR. BUMPOUS: I appreciate that, Commissioner. COMMISSIONER McDANIEL: Okay. MR. BUMPOUS: Commissioner, you've known me long enough that, trust me, if I had a solution to solve this entire problem, you would have heard it long, long ago. But some of the focus that we're already applying, I think, is so vitally important. Looking at densities, looking at height restrictions, you know, those are all going to be vitally important. Flexible use where it's never been flexible before. Again, I've lived in this community for over 20 years. I love and respect what we've built here, the beauty of it; yet, at the same time, we have to continue to look forward because things are changing. Prices are through the roof in all aspects. You know, all of us here today could never imagine what rent would be in this town 10 years ago, let alone 20 years ago. And so I just think we have to continue to apply as many creative solutions as possible. The reality is is providing money, not likely the solution. But providing incentives, looking at impact fees when feasible, all those different options should always be considered. And, again, it's up to you, ultimately, to make those prudent decisions on behalf of all of us. That's why we've elected March 28, 2023 Page 156 you. But, again, I'm here more than anything to just encourage you to keep it as a top priority and keep pushing. And if there's something we can do as business, we want to know that as well, as you certainly know. COMMISSIONER McDANIEL: Well, you're the one on the ground. You're the one that's seeing the obstacles in your capacities to hire, where your people are coming from, what they can and can't do, and that's where I was asking for specifics. If you see a particular obstacle that we necessarily could help with that would maybe alleviate that, that was the thought process. So thank you, sir. CHAIRMAN LoCASTRO: Let me ask you, what are the -- because I know Arthrex is doing a lot for their employees. NCH is looking at -- you know, and has, you know, purchased apartment complexes and things like that for their employees. And to your point, it's not just about the first responders or even about our kids or grandkids. It's about the blue-collar workers. I mean, you know, I talk to a lot of restaurateurs, and they say, my server makes way less than a Collier County Sheriff. So before you try to focus on the first responders -- and that's not a dis at anybody that's a first responder, but the population of people that needs help is bigger. I know right now in my district, Moorings Park and a few others are working -- and I'm working with that group of converting a hotel basically to apartment complexes, you know, a shabby hotel that they're going to, you know, upgrade exponentially and then use that for their employees. Moorings Park's going to use it. NCH is going to use a little bit. I know that you-all are doing a lot of really unique things for your employees. What's the latest that Arthrex has done? Is it supplementing their income to make sure they could afford to live here? And March 28, 2023 Page 157 granted, there's people at Arthrex that make a great wage, but you also have janitors. I mean, you have security. MR. BUMPOUS: Sure. CHAIRMAN LoCASTRO: So, I mean, you've got a bit of everything. Enlighten us as to the latest things that you-all are doing for your employee base. MR. BUMPOUS: Certainly. Thank you, Commissioner. Yeah, to the very base of it, absolutely. We work every day to try to be as competitive as we can and to provide that wage that does help our employees, but on top of that, most of the time that's not enough. So one of the things that we've done for decades, especially here at the corporate headquarters in Naples, is provide transitional housing, especially for new employees moving into the area. And I can tell you, 20-plus years ago that was -- you know, usually three months is all that someone needed. Arthrex picks up the cost. We had the luxury of doing that, providing them the opportunity to talk with their coworkers, go out and drive around, get to know the community, and then lease or buy or whatever they were planning to do. The good old days, right? Over time that transitioned to six months. That's now transitioned to a year. And we have dozens and dozens and dozens and dozens of these houses, apartments, and condos all around the county. And so, you know, it's quite a burden, but it's a necessary part of doing business in Collier County. And so you're still trying to provide people that opportunity to get here, to spend some time, whether it's save up money, whatever it may be. But, quite frankly, if I had 250 or 300 of those units, I could fill them. CHAIRMAN LoCASTRO: Do you pick up the tab, or do you March 28, 2023 Page 158 subsidize -- you know, they pay a fee, you know, they pay rent but it's a much less fee and you make up the difference or you own it so, you know, you charge them whatever? What are the different algorithms that you have or the different options? MR. BUMPOUS: Sure. CHAIRMAN LoCASTRO: I'm sure you might have several. MR. BUMPOUS: Typically, the way it works is quite simple. The first six months is 100 percent picked up by Arthrex. And beyond that, then there's a nominal fee covering some of the basic requirements of that property. And much like NCH, Arthrex is currently looking for opportunities. We are in negotiations for an apartment complex, a small number of units in North Naples right now, again, to help relieve that burden, you know. And I often think to myself, as important as that is for us and to continue to grow and blossom and be the company that we are and support the community in the way that we, you know, certainly do, that's roughly, you know, 70, 80 apartments that someone else could be using, someone else could be renting. So we're hoping to continue to push forward on those, but the reality is, as we all know, supply is limited. CHAIRMAN LoCASTRO: Right. MR. BUMPOUS: It truly is. CHAIRMAN LoCASTRO: And not everyone's an Arthrex or a Moorings Park. But, you know, what I'm being encouraged by is even some smaller mom-and-pop business owners -- I've got a few on Marco Island that actually bought some apartments, and their best workers are going there because they don't want to lose their -- these are restaurateurs, and so they're sort of taking your lead or learning from -- you know, everybody is doing it a little bit different. But I'm glad to hear -- you know, I knew you-all were doing that, and you've March 28, 2023 Page 159 just put a lot more detail into it. And, obviously, it's a program that I'm sure is not getting smaller. It's either holding its own, or it might even be growing for you-all. MR. BUMPOUS: I frequently say to people, if I may, Commissioner, when they ask me, you know, why are you so passionate and always vocal about affordable housing? And I tell them, if you don't see the big picture, the big picture is truly about sustaining our way of life here in Naples. You mentioned the hospitality and the service industry. I mean, that's the reality of it. And over time it's going to become more and more challenging. So thank you. CHAIRMAN LoCASTRO: Commissioner Hall. COMMISSIONER HALL: Thank you, David. MR. BUMPOUS: Absolutely. COMMISSIONER HALL: I wasn't going to -- COMMISSIONER McDANIEL: Thank you, David. We were asking questions -- I just want to ask -- thank you, David. Appreciate it. CHAIRMAN LoCASTRO: Thanks. Okay. Next speaker. MR. MILLER: Your next speaker is John Harney. He'll be followed by Joe Trachtenberg. MR. HARNEY: I'm John Harney, and I am a member of the AHAC as well as represent Habitat for Humanity. I have some census data here that shows that over the last 20 years we've added 4- or 5,000 residents to the county. If you look at the incomes for those residents, probably half of them or maybe more than half of them every year would fall into the need for affordable housing. So we are behind right now, but this is not a problem where we can solve where we build 10,000 units, and we're done. We will March 28, 2023 Page 160 continue to need new units for many years to come. First, thanks to Jamie French, Mike Bosi, Michele Mosca, and Cormac Giblin. This has been a long road, and they've worked really hard on these amendments, and they are very sound policies for smart growth for the county. Collier County, with this plan, does not have to build, own, or manage new affordable housing. The developer community will handle all that. There are no new county subsidies loaded into these amendments. The State of Florida will be providing the incentives through existing SAIL and SHIP programs, along with other incentives in the Live Local Act. Federal HUD programs will be used as they always have been. Children will have safe homes to live in. Growing up in a stable environment which is built with resiliency and has privacy improves mental and physical health as well as improves school performance. Graduating students will also have a better opportunity to stay in the county. Reducing commuting time for parents will enable them to spend more time with their children. This leads to better school performance and behavior for their children. Reducing community -- commuting time and costs and living in an affordable apartment will help families with their budgets for healthcare and putting food on the table. Aging in place can be also supported with affordable senior apartments. Many seniors who have lived in single-family homes are ready to move to apartments. They no longer want to maintain their properties. They want to free up the equity they have. Many want to downsize their expenses while living near their extended families in county. They want to support their families by baby sitting, cooking, taking kids to activities and running errands. Their help can help -- their help will also help their children go back to March 28, 2023 Page 161 work. Many people are still at home because they can't afford to leave their kids at home. They look at the grandparents to help. CAT will be able to serve these higher-density neighborhoods. That's been spoken about by Mike; it was covered. There's an additional benefit for employers, and that is that people will stick around. Every employer, including Arthrex, has people who come here. They try it. They can't afford it. They leave. People are no longer leaving Naples. They're no longer leaving Collier County. They're leaving Lee County, Charlotte County. They're gone. They're out of here. They're moved clear out of Southwest Florida. They're not going to drive anywhere around here anymore. We have effectively created a situation where they can't afford to stay. May I have 30 seconds more? CHAIRMAN LoCASTRO: Absolutely. MR. HARNEY: The Live Local Act is expected to be signed by Governor DeSantis in the next few days, most likely. The recommended code changes for Collier County work well with the new state law. There are some areas that the new state law covers. There are some that the amendments cover. In the cases where the state laws are already written to cover some overlap area, the state laws will be the ruling law. Please vote today to pass sending these amendments off to the state, and they will review them relative to the Live Local Act, and let's get this done. CHAIRMAN LoCASTRO: I have a question for you, because you've been in this business a long time, and I'll have the same question for Mr. Trachtenberg. Anything concern you that's coming down from the state to us? And I think you already answered my question about what the county is proposing, what Mr. Bosi went over. I mean, if you had any March 28, 2023 Page 162 serious concerns, we'd want to hear those right now. It sounded like you were, you know, obviously positive about those. But anything you want to share with us that if you were king for a day or you think that we might miss in the fine print, or -- MR. HARNEY: No. I am all for the Live Local Act. It is incredible. It is such a huge step forward from anything that's been done in Florida for affordable housing. If I could go there and pat people on the backs for voting for it, I'd do it because they -- there are some great things in it. It's going to make a really big difference. CHAIRMAN LoCASTRO: Okay. Good. Okay. Thank you, sir. MR. HARNEY: Thank you. MR. MILLER: Your next speaker is Joe Trachtenberg. Joe, I'm not clear by this slip. Was Jennifer wanting to cede time to you? MR. TRACHTENBERG: But she's left long ago. MR. MILLER: Okay. So Joe will be followed by Lisa Lefkow. MR. TRACHTENBERG: Good afternoon. For the record, I'm Joe Trachtenberg. May I answer your question first, Rick, if I can? CHAIRMAN LoCASTRO: Absolutely. MR. TRACHTENBERG: So first of all, I am completely in support of what the county staff has proposed. I can tell you when -- with your permission and with Amy's leadership, putting AHAC together with Jamie and Mike and the other folks from county staff was just a remarkable change, and it's really raised the level, I think, that AHAC has been able to operate at. So in terms of -- in terms of the state and what they've done, I had the opportunity to meet with Kathleen in January and review her rough plans, and I think her primary focus there, since she lives in Collier County, is observing how difficult it's been to make changes March 28, 2023 Page 163 here, and I think that influenced her in structuring the bill that was presented to the Senate and to the House. Basically, having the -- having the state supersede what the local governments are doing. I think from -- from a perspective -- a state perspective throughout Florida, as we continue to grow as a state, this is a very special place to live, and I think we found that Southwest Florida and particularly Collier County and City of Naples are even more unique and more special. So I can go on with my remarks. As Mike said over a year ago, AHAC unanimously supported these four -- these four changes, and that's been in place for a long time. Obviously, the Planning Commission supported them unanimously in May. And standing here before you today, I think it's appropriate for you to consider them favorably as well and not allow what the state is doing really to interfere in how you view -- how you view what may be their new authority. If for no other reason, I think it's -- I think it's important, as momentum has grown in Collier County favoring the need for workforce and affordable housing, senior housing, and so forth, I think it's important that the BCC demonstrate that you care about these things, that these are important issues to you all and that you're going to do what you need to to support them. You asked the two prior speakers about other areas, and I would like to offer, these aren't new comments. I've been making to the -- making them to you for the past year, but if I can take another minute. I think the next area after these four zoning changes are made is it's essential that you look at your impact fee structure, both in terms of how you charge, the amount you charge, and the deferral program that's currently in place. March 28, 2023 Page 164 Lee County is charging 7,000 a unit for affordable housing. Miami-Dade has gone to zero. Sarasota County is using a sliding scale on impact fees for affordable housing. The lower the AMI, the lower the amount of impact fees. We're charging 18- to $20,000 a unit for impact fees on affordable housing, and we've got a deferral program that is broken. I think county staff recognizes that. And I urge you to reconsider the impact fee program. I think the best place to start would be the Golden Gate Golf Course and the housing that's there. Those folks need that funding, and this would be an ideal way to help make that happen. I know that later on your agenda today is the -- is considering this surtax money. The subcommittee that I appointed when I was chairman of AHAC made some rule recommendations. They'll be presented to you by county staff. I think that -- I think they're terrific. I think they're exactly what you're going to want to see, and I urge you to approve those as -- those as well. I guess I have one last area that I really feel I need to urge you to look at. When we look at the distribution of apartments that are being allocated through affordable housing, virtually all are being moved in the 100 percent and 120 percent AMI level; whereas, the de facto average minimum wage in Collier County is now $17 an hour, $35,000 a year. At 100 and 120 percent AMI, the rents that are going to be generated in these apartments are over $2,000 a month. From my perspective, those are much closer to luxury rentals than the kind of rentals that workforce can afford. And if you look at even the Golden Gate Golf Course property and how that's been allocated in terms of apartments, 5 percent of them are going to 50 percent AMI, 15 percent of them are going to 80 percent AMI, 80 percent of them going to 120 percent AMI. That March 28, 2023 Page 165 means the vast -- even though 120 percent qualifies as affordable housing under our HUD laws and under our Florida State laws, the reality is 120 percent AMI at a $98,000 AMI that we have in Collier County won't cover our workforce. So I urge you, as you look at the distribution, to have far more units down at the 50 percent AMI level and far fewer at the 120 percent; otherwise, we're really not curing the problem. So thank you very much for allowing me to speak, and don't give up. Vote yes on this, and please continue to support affordable workforce housing in our county. CHAIRMAN LoCASTRO: When we do that, though, and we -- and I don't disagree with you, but what the average citizen doesn't understand is if we said, yeah, we want 80 percent of the units to be at 50 percent AMI, it all of a sudden changes the algorithm of the density. And so some of these angry emails I get from some people saying, God, you guys haven't done anything at the county. Then when I say, you know those 120 units right across the street from your gated community that you hate, I'm going to make 99 percent of those affordable, but now it's going to be 375 units -- and I'm pulling numbers out of the air. But that's the piece that this county as a whole doesn't sort of get. And when we talk to developers, I talk to them. Now you've got Commissioner Hall, you know, knee deep in it, but, really, all of us. You know, developers will tell me with the door closed, I'm not a charity. So, yeah, I'll build all the units you want, and I'll make it 20 percent of AMI, but I'm going to need 300 more units in that building, and it's going to need to be 10 stories taller. I'm overexaggerating, but that's the part that we really have got to get folks informed on because, secretly, you know, we get 300 emails, but then, you know, you're in a town hall meeting and everyone says, you know, they want the affordable housing built out March 28, 2023 Page 166 in the Sahara Desert or all out in District 5 surrounded by redwood trees and unseen by anybody. And, you know, as we change that equation, even if we tweak it just a little bit, it increases the amount of density, and that -- and I'm not saying that -- that we shouldn't do that. But, then, you know, we wind up getting input from a lot of people to include the developer who says, you know, I don't think I'm even interested in this project anymore, because I'd rather go remodel the Ritz and make money hand over fist, right? MR. TRACHTENBERG: So if I may, two very quick responses. CHAIRMAN LoCASTRO: Absolutely. MR. TRACHTENBERG: First of all, there is no question that attracting affordable builder -- developers of affordable housing requires that they be able to make a small profit, or they're not coming here. So, you're absolutely right, the pieces have to be in place. So impact fees are a big dollar amount, and that -- and that will help without increasing density. I think the other thing that -- I think the other thing that you will see -- and, you know, I took your assignment and Commissioner Saunders' and Commissioner McDaniel's assignment very seriously that you were getting these criticisms for the past year, so I made it my business to go out and try to convince people to fill your mailbox with emails saying that we do want affordable housing and that we are willing to tolerate these other issues. And I think -- CHAIRMAN LoCASTRO: They never said the second part, by the way. MR. TRACHTENBERG: Well, I think the momentum has changed, and I think a lot more people care about affordable housing now than they did a year ago. March 28, 2023 Page 167 CHAIRMAN LoCASTRO: Absolutely. MR. TRACHTENBERG: And you're right, we are going to have to make some sacrifices. But as the gentleman from Arthrex said, if we want the quality of lives -- our quality of lives to be maintained here in Collier County, we're going to have to keep attracting people that make 30-, 35- $40,000 a year. You're not going to want to go into a restaurant and not be able to get a drink because there's nobody there to mix it. So it's all got to work together. CHAIRMAN LoCASTRO: Thank you, sir. MR. TRACHTENBERG: Thank you very much for listening. CHAIRMAN LoCASTRO: Did you have something? COMMISSIONER McDANIEL: No, no, no. I just want to -- CHAIRMAN LoCASTRO: Mr. Miller. MR. MILLER: Your next speaker is Lisa Lefkow. She'll be followed by Joseph Rivera. MS. LEFKOW: Good afternoon, Commissioners. For the record, Lisa Lefkow, CEO, Habitat for Humanity. So I want to just support all of this. We have been a part of the conversation beginning back after the ULI study. So this is an important moment for us to move these items forward. I want to be clear, these are not particularly things that are going to make a big impact for Habitat for Humanity as your leading provider of affordable homeownership for Collier County's workforce, and that's partly because we are historically a low-density builder. Commissioner LoCastro, we actually are a developer and a not-for-profit. CHAIRMAN LoCASTRO: Right. MS. LEFKOW: Perhaps the only one in town. CHAIRMAN LoCASTRO: Oh, definitely the only one. March 28, 2023 Page 168 MS. LEFKOW: Not the only one, but in terms of homeownership, yes. These are important amendments. These are important opportunities. They will incentivize other developers. There is a lot of rental activity going on currently. And so I want to just remind you that there is more work to be done. There are more things that we can open up in order to provide incentives for affordable homeownership. And the math has to work, there's no doubt about that. Commissioner Hall, the first time that we met you asked me, how would you feel if another developer of affordable housing came to town? And I think I told you I would do a happy dance, right? I am absolutely here to say we've got to have more people. I'm not Sara Lee. We can't do everything for all people. But I am very much encouraged by the conversation going on today. Joe's right, we are at a point in our community where the conversation around housing affordability and access to affordability is at a peak, and so this is the moment to seize that opportunity and to open up as many incentives as we can. My colleague from Arthrex simply neglected in the midst of the conversation to talk about the wonderful partnership that Arthrex has with Habitat for Humanity and the number of Habitat homeowners that are Arthrex employees. So, again, this is a wonderful opportunity for us, an incentive and an encouragement for others to come to the table and to continue to provide access to affordability. The Live Local Act is critically important. Lots of -- it's a robust act. But to Senator Passidomo's words herself, it really is an opportunity to incentivize rental production and productivity of rental housing. Certainly a need, but we've got to also be aware of that affordable homeownership. March 28, 2023 Page 169 So, Commissioner McDaniel, to answer your question about what you can do to help Habitat -- COMMISSIONER McDANIEL: Did I ask you? MS. LEFKOW: You were about to. COMMISSIONER McDANIEL: Oh, okay. MS. LEFKOW: I know you were about to. You were about to ask the same thing that you asked David, which is what can you do to help Habitat build more homes. And so the considerations, the things that we've done in the recent history, the development of the Community Land Trust, the surtax, and our process to create ability to use that surtax funding, looking at county-held properties that might be useful, that might be put into the land trust, and then a developer like Habitat to be able to come forward and provide additional homeownership opportunities. So thank you for your time. CHAIRMAN LoCASTRO: I have a statement and a question for you. So the statement is: I'm always disappointed when I have a town hall meeting and citizens in that community hear that maybe a Habitat project is coming, and the ones that are against it will say, you know, we don't need low-income housing across the street from, you know, our gated community. And the reality is, you know, they think, like, you know, homeless people have been pulled off the street and are living there, and they don't realize it's Arthrex employees, NCH nurses, blue-collar folks as well. So, I mean, it's a real feather in your cap the people that you're taking care of. It's unfortunate. It's a small percentage of people, but it was -- it's a bigger percentage than I ever thought it would be that folks still sort of don't understand or have a misconception of Habitat for Humanity. The question I just have for you -- take advantage of the CEO for Habitat for Humanity being here -- anything you can share with March 28, 2023 Page 170 us that's on the books, that's on the horizon or something like -- you know, to Commissioner McDaniel's question, how can we help you? Is there something that's coming to us sooner than later, or you have something in the works? I mean, I know you always have some things on the drawing board and some shovels in the ground. What's the latest in your world? MS. LEFKOW: There are always things in the works. And I forget who talked about this first -- David, maybe it was you -- about the flexibility. So being able to say, you know what, we created this process then, but we are a different community today. And so being open to flexibility, to new ways of coming at our Land Development Code, building density, all these things that we're doing right now. These are the keys. We've got to identify who we are today and who we are going to be. It is incumbent upon you-all to be those forward-thinking strategists to say not just how is this going to impact us today but how can we lay a solid foundation for smart growth so that we are leaving the future in better hands and we are -- we're thinking in advance about the incredible growth that everybody agrees is happening and is going to continue to happen. CHAIRMAN LoCASTRO: I know you own, you know, a bit of land in my district, in District 1, that's not yet developed. Do you have some things, though, that are -- and that's why I guess I'm looking for a little bit of a crystal ball, if you can share. Are there some things that -- on some of the undeveloped land that you own that are starting to take shape, and, you know, might be coming, you know, to this board or even just to me specifically, you know, sooner than later? Because what I -- the other thing I was going to echo is I'm just so impressed at the different designs that -- you-all have been so creative. You know, Habitat for Humanity definitely isn't -- aren't cookie cutter neighborhoods. I mean, some of the drive-arounds that March 28, 2023 Page 171 we had way back when, but even some of the new things, how they all look so different. And I've said in town hall meetings before, some of the nicest housing in certain parts of my district are Habitat for Humanity houses. But having said that, some of the land that you own as you go east on U.S. 41 towards Everglades City, I know you have some parcels there, is there anything that's starting to move in a possible positive direction if you're able to share that? MS. LEFKOW: Sure. And I don't want to preempt, but there are lots of things that are in the works, things that are incentivizing some joint venture partnerships, things that I think are going to open up opportunities for mixed-income neighborhoods. Obviously, one of the things that we are examining and taking a look at is the Rural Fringe and some of those elements in the Rural Fringe. And so, again, coming at that with a fresh eye and saying, look, is this something that perhaps we can look at in a different way. We set up this transfer-of-development-rights process long ago, and maybe there's a way for us to examine that again that makes more sense for who we are today and for the growth that has already happened. How can we begin to build around the commercial centers? We have a brand-new Publix, right, way out east. And so, now, how do we look at that area and say, how do we build in a smart way so that we can provide access to employment that's close by rather than busing people to Marco Island from Immokalee? CHAIRMAN LoCASTRO: Right. MS. LEFKOW: Those days are -- you know, we're not in those days anymore. How can we begin to think about those lands out in the RFMUD in a way that makes sense and, again, pushes density into appropriate areas? So all things that, again, we're going to continue to work at and be a part of that conversation. March 28, 2023 Page 172 CHAIRMAN LoCASTRO: Commissioner Kowal's got a question. COMMISSIONER KOWAL: Good afternoon. MS. LEFKOW: Hi. COMMISSIONER KOWAL: I remember you came to my office, and we spoke. And I have to say that some of the ideas and concepts and the direction you were going and with the conversation we had that day, I was -- you know, I've actually spoke about it with other people, and I feel that -- I hope that you're still having these conversations with these other partnerships, because I really think that's a brilliant idea, and it's in -- and what -- the opportunity for you to use properties you already own that you may not have the funds to build on. And, you know, I think -- I was hoping maybe to hear a little bit more about that. But, you know, I think this is something that's -- it's never been done before, I think, with your organization, but I think it's a brilliant idea moving forward. MS. LEFKOW: Thank you. You'll be hearing more. COMMISSIONER KOWAL: All right. That's what I've been waiting for. MS. LEFKOW: Don't forget. Well, it's on the schedule. COMMISSIONER KOWAL: Okay. MS. LEFKOW: So, yes, those -- and, again, it's part -- all of this is part of those incentives to create those joint venture opportunities where we can do more for everybody. Joe talked a minute ago about the focus on various income levels. And you remember that Habitat's primary focus is serving families that are making less than 80 percent of the area median income. There's a little flexibility there. But just as an example, earlier today when we thought this item might be heard before lunch, there was a prospective homeowner March 28, 2023 Page 173 here, a mom and a family who has been approved to purchase her Habitat home. She's self-employed, so she had a little bit more flexibility in her schedule. Her husband is a wallpaper and tile installer. But she wanted to be here to tell you her story of her struggle to find affordable housing and the hope that is now a part of her family as they look forward to purchasing a Habitat home. So, again, thank you for the acknowledgment of the new designs. We've really put a lot of time and energy into designing neighborhoods, to your point, Commissioner LoCastro, so that people drive by a Habitat neighborhood and don't know that it's not a market-rate neighborhood. It looks like a market-rate neighborhood. So that is absolutely our dedication, our commitment not only for the community but for our homeowners to -- again, to continue to grow that pride of homeownership. Owning a home creates that long-term stability. It builds equity. Homeownership does so many things that rental opportunities do not do, and so we want to be sure that we are able to continue to provide that. And we would like to be able to expand our work. And we can do that when we work in partnership. The partnership at the Golden Gate Golf Course is a beautiful example of that, a public/private partnership brought the philanthropic community together with a developer and county government. We'd like to see more of that. Let's find more ways that we can do that. That's going to make Collier County the leader in the provision of affordable housing. CHAIRMAN LoCASTRO: Thank you. Okay. Next speaker? MR. MILLER: Your next speaker is Joe Rivera, followed by Kate Tardif. MR. RIVERA: Hello. Good afternoon. My name is Joe Rivera. I'm with the -- vice president of Golden Gate Civic Association. March 28, 2023 Page 174 Commissioner LoCastro, you mentioned that we should know what's on the agenda, specifically what's on it so we can talk to it. So with that, you said sending in emails is a good thing and making your arguments, you know, to -- pro or con, whatever. Well, the Golden Gate traffic -- the Golden Gate Civic Association requests that the mixed-use activity center subdistrict of the Golden Gate Parkway overlay be removed from consideration for the proposed conversion of commercial by-right subdistrict. The current zoning for this activity center was part of amendments to the Golden Gate Master Plan approved just a few years ago, with more than three years of staff planning and community meetings. This proposed change would undo the intent of the activity center, which was to provide above-first-floor retail uses -- housing-above-first-floor retail uses. It will issue increase -- it will also increase the density from 16 to 25 units specifically -- I'm sorry -- impacting our infrastructure, overcrowding in the heart of Golden Gate City. We are concerned that these things will be given to the developer by right, removing the public process. Commissioner Kowal talked about citizens' rights, to be able to have your say. Removing that would leave us without a say in what gets built in the community. We had to -- the Association contends it is never beneficial nor appropriate to remove the public from the process of government. This is certainly not government by the people, for the people. Golden Gate City has long provided affordable housing numbers for Golden Gate -- for Collier County. The density in our four-square-mile community is not double, not triple, but six times the density of City of Naples. Our single-family homes house two, sometimes three families. Every major corridor inside and outside the community is lined with multifamily housing. We believe our quality of life as well as our health and safety are jeopardized by March 28, 2023 Page 175 continued efforts to increase density in our four square miles. We ask that you do the right thing and uphold the intent for the mixed-use activity center, which is in the Golden Gate Master Plan and -- by removing this little red area, removing it from this initiative. On your executive summary, on the first page -- no. In the executive summary -- in the executive summary on the first page under considerations, Paragraph 1, it says two of the five initiatives are implemented by right. No zone required. No public notice. No public hearings. There's no mention of any benefits to the community -- to the residents neighboring that area. Also, again, we -- Mr. Bosi said that the reception last time of those four things that he showed on the Excel spreadsheet were lukewarm. He said that there are sites that this -- that this can work, but this is not a major intersection, that area, and all we ask is that you remove it from this plan. CHAIRMAN LoCASTRO: Okay. MR. RIVERA: Oh, sorry, last thing. Last thing, this is your -- this is your -- what is this? -- your agenda for today regarding this subject, and the Clerk's comments. ("Recording in progress" announced over the loudspeaker.) MR. RIVERA: Okay. So the Clerk's comments show the concerns there as well. CHAIRMAN LoCASTRO: Okay. Thank you. MR. MILLER: Mr. Chairman, my apologies for that. We're having some significant Zoom issues -- it's an Internet issue -- throughout the entire building. I'll call our next speaker, Kate Tardif. CHAIRMAN LoCASTRO: Is Commissioner Saunders still on the line? MR. MILLER: I'm efforting that right now, sir. I do believe -- yes, Commissioner Saunders is with us. March 28, 2023 Page 176 Please, Kate, come on up. CHAIRMAN LoCASTRO: Commissioner Saunders, do you have any questions or anything at all at this point? COMMISSIONER SAUNDERS: Not at this point but, yes, I am back on. CHAIRMAN LoCASTRO: Okay. Great. Thank you. MR. MILLER: And before Ms. Tardif, I did have a speaker on Zoom queued up when everything got knocked out. I'm going to see if we have her back right now. Ms. Tardif. MS. TARDIF: Thank you very much, and thank you for allowing me to speak again. I appreciate in the past I have been a major irritant, and I'm going to try to be -- this is the flip side now. I'm very pleased to hear what I'm hearing today about the emerging favoring of actually getting behind building affordable housing. It's -- and I agree with a couple of speakers before me that this has been a long journey here in Naples. I think that some of the journey of it has had to do in part with some of the -- a fairly large percent of owners perceiving it as slum housing and not wanting that in -- not in my backyard, not to mention the look and feel of Naples were there to be more of the kind of housing that affordable brings to mind. And so it's -- it is -- it's very exciting to hear that this is something that we're putting some energy to. And I wonder if -- to the matter of owners/residents looking at Naples as Southwest Florida's playground and a playground like Palm Beach to Southern Florida, if we don't need to do a little bit of work behind correcting the perceptions of voters regarding exactly what affordable housing is, what it can look like. I was in a meeting a year or two ago and proposed putting aside a section of housing for a new development, and it was vigorously March 28, 2023 Page 177 shot down primarily by people who are much higher-incomed who felt -- who had a not-in-my-backyard approach. And so I wonder if, as we go forward with affordable housing and promoting it -- building it and promoting it, we don't also work to alter the impressions of those who might have a lesser opinion of it. Thank you. CHAIRMAN LoCASTRO: Never an irritant. Always a collaborator, right? MR. MILLER: All right. Mr. Chair, we're going to try this. Like I said, we've had some serious Internet and Zoom issues here. Elizabeth Radi. Elizabeth, I see that you're there. We're going to prompt you to unmute yourself. I can only hope all of this works. We've had some battles today. Elizabeth, I see you're unmuted. You have three minutes, and our apologies for the Zoom interruption. MS. RADI: Good afternoon, Commissioners. A couple months ago when I was preparing to speak at a housing forum, I was doing some research on the demographics specifically of single parents in Collier County, because not only am I one, but a large number of individuals that come in -- that I come into contact with are being displaced right now, and they're single parents. And you heard back during the repeal of the 60-day ordinance from a foster mother who was taking in children from Collier County due to traumatic circumstances that were beyond these parents' control. And due to the fact that they could not sustain viable living options for these children, they were placed in foster care. When doing my research, the -- on the demographics, it showed 33 percent of Collier County residents were single parents. I was really surprised; that's a large number. So, you know, let's look at that. Eighty-five percent of single parents can't afford to live here anymore. So that's literally almost March 28, 2023 Page 178 30 percent of our residents here in Collier County that can no longer be here, and that's just your single parents. That's not including your seniors, your veterans, or your disabled that aren't capable of working two or three jobs, as some single parents are, just to put a roof over their kid's head. Now, it was said by a commissioner that we don't need to hear another sob story about someone going homeless or being evicted or their rent being jacked up and not knowing what to do to understand that there is a severe problem, and few have even used the word "crisis," because that's what it's always been. There's no question about that. So the question still remains, what are we going to do about it? I have advocated for affordable housing for years, and I can recall six or seven years ago being quoted in the Naples Daily News about the lack of affordable housing. And nothing's changed. It's only gotten worse. And when I first started advocating for the Collier County Tenants Union, I would attend the AHAC meetings, and the frustration was real, not only within myself and the tenants in the community, but the AHAC itself in questioning what is the role actually of the Board -- to the Board of County Commissioners as an advisory committee if the BCC doesn't take their recommendations seriously or them, as in the past. I've watched, although I have been not at all of these meetings, a huge change in the presence in the AHAC meetings and their representation in the community lately. I am encouraged by what I am seeing although, for the record, I do not agree with the removal of the Chair because he, along with others, are one of the reasons that the affordable and workforce housing issue has become a household conversation and NIMBY-ism is being looked at even further. As I've said before many times to you, the definition of insanity March 28, 2023 Page 179 is doing the same thing over and over again and expecting a different outcome, but what's even worse is pretending to want a different outcome yet wanting things to stay the same. We have kicked this can down the road for far too long concerning solutions or recommendations for affordable housing. It's time to pick the can up and recycle it into something that we can be proud of. So I implore you to consider and approve the building code changes the AHAC have presented to you today. Thank you. MR. MILLER: Mr. Chair, that concludes our public speakers on this item. CHAIRMAN LoCASTRO: I know Commissioner McDaniel's lit up. Are you lit up for Mr. Bosi, or just -- COMMISSIONER McDANIEL: Yes. CHAIRMAN LoCASTRO: Okay. All right. COMMISSIONER McDANIEL: I was lit up when he started, and then we went to public comment. Somehow I got un -- CHAIRMAN LoCASTRO: Commissioner Hall's on deck. COMMISSIONER McDANIEL: I got unlit. My comments aren't -- I mean, my comments are for Mr. Bosi. But I have concerns with this ordinance as it's written. I would prefer, if we're going to vote on this today, that we -- because in my understanding, there's basically four distinct items that we're addressing here under this one proposition. Now, I'm aware that this is just a transmittal hearing, so we're going to send this off to the state and get their comments back, and I'm aware that the legislature has laws that are coming at us fast and furious that are going to have an impact on our densities and so ons and so forth. My comments that I have here are the by-right conversions. I have an issue with the by-right language that's in here on the C-4 and C-5, not so much in the activity centers, but I would -- and not so March 28, 2023 Page 180 much with the mixed-use. I really like mixed-use projects where you have commercial on the first floor and residential above. I think that's a wave of the future that can really assist with housing affordability. And I also have an issue with the transit routes. Those are sweeping changes by right per this that are allowing for increased density with little to no input from the community. So my suggestions here today are, segregate these four things into four individual votes because some of this which can be supported, or take out the by-right language so that we're not -- we're not boxing ourself in without having public input. We heard from one homeowners association today that has an issue with the by-right language and the increased density in an area, Golden Gate City, that is -- already has by-right increases that haven't necessarily even been effectuated yet. I expressed concerns when we did that because of the conversion capacity on those commercial pieces of property. So I know we have commercial rights of density up to 16 units on C-1 through C-3, I think, already. This adds in C-4 and C-5. So that's my suggestion is pull the -- pull the by-right language. Can we go forward with it as -- as a proposition without the by-right language? MR. BOSI: Any of the proposals within the Exhibit A, which is the proposed GMP amendments, they could be altered. You could extract any portion of it. What I will say about the by-right, the by-right is when you have your commercial that's not within your activity center. Your activity center -- the activity center within Golden Gate Parkway, that density's already been increased by this Board of County Commissioners -- well, a prior Board of County Commissioners to 21 units per acre, and I think that's what you're referring to, March 28, 2023 Page 181 Commissioner. The conversion to commercial doesn't apply in the activity centers. The conversion to commercial only applies to commercial that's outside of activity centers. So that would be your C-1, C-2, C-3, C-4, and C-5 that are along your major highways that aren't at your intersections. Those are the ones that would be eligible for that conversion to residential without the public hearing. If it was the will of the Board to remove that from the proposed amendments, staff could remove those, and we would transmit those without that component. But that would be a decision of the Board of County Commissioners. What I would remind you -- and I'm sure it's redundant. The state's already -- the state has already indicated that that's going to be out of our hands in the first place. But if you want to make that as the will of this county, then staff will do whatever the bidding of the Board of County Commissioners is. CHAIRMAN LoCASTRO: But are telling us if we made that the will of the county, we would still get trumped by the state? We couldn't do that? MR. BOSI: Correct, correct. COMMISSIONER McDANIEL: Only -- and I'm going to say this. CHAIRMAN LoCASTRO: That's the same problem I have, you know. In my notes here, that's the only thing that bothers me. COMMISSIONER McDANIEL: And that's if they fulfill the parameters of the statute. And when you're doing the ROI on a project -- right now it works because -- relatively speaking, it works okay with the 40 percent requisite to be held in an affordable status but, also, that affordable status to meet that requisite of 40 percent is 120 percent of your AMI -- or our AMI. And so -- and it has been mentioned, we're not dealing with a large section or a sector of our March 28, 2023 Page 182 populous who doesn't come close to -- come close to matching that. So we're only going to see sporadic development pop up when the numbers actually work when the at-market portion of the development can offset the theoretical deficit that's created by that 40 percent requisite. So yes, we're not totally going to be trumped by it. But if we go -- if we make a sweeping change like this countywide by right, I've got a concern with that from a -- not allowing the residents that are impacted by it to have a say-so. And the other side is, with the transit routes, that's all across the board. And then it proposes -- the concern I had was, what are we going to do when a transit route changes? CHAIRMAN LoCASTRO: Right. COMMISSIONER McDANIEL: What happens if a particular -- because we change them all the time -- not all the time, but we change them quite regularly. What happens if we do do that? MR. BOSI: The project would be somewhat -- it would be deemed a legal nonconforming, and you'd have your additional affordable housing. The likelihood of us changing a transit route with the limited number of east/west connections and north/south connections are pretty low. There's only a few ways to get around this town. It's one of the reasons why we have such a tough transportation problem. But hearing that, if that's the will of the Board to remove the conversion by right -- the thinking behind the conversion by right, if residential -- and one of the things -- or a unique aspect of it, all of the -- all of the units, all 16 of those units would have to be dedicated to affordable housing. So if someone would take advantage of that, they would have to provide for affordable housing for all 16 units per acre that would be associated with that. But the concept is that the impact that that residential March 28, 2023 Page 183 development would have compared to the impact that the commercial has to be determined that the trips, the public utility impact has to be lower than your commercial counterpart. So, therefore, we said, we're removing the public hearing because it's a less intense project than what is -- what the commercial would have on that adjoining residential neighborhood, and because it's less impactful from those public facilities impact, it should be -- we can allow for the conversion without the public-hearing process. But I understand if that's the will of the Board, we most certainly can remove that component. CHAIRMAN LoCASTRO: I don't like anything that removes public comment, even when we get negative public comments. But like you said, in the examples you're giving, it's going to be a small percentage that that's going to happen to, right, is what you're basically saying? (Simultaneous crosstalk.) MR. BOSI: There's -- if you've got the state saying you can convert with no public hearing and only have to provide 40 percent at 120, and we're saying you have no public hearing, you convert, but you only get 16 units an acre, and it has to be 100 percent of affordable housing, I'm not sure how many developers are going to choose that over this. CHAIRMAN LoCASTRO: Before I go to Commissioner Hall, I just wanted to ask you if you had any comment on the Golden Gate presentation by the -- by the -- I guess it was the HOA president or -- MR. BOSI: The conversion of commercial to residential doesn't apply in the activity centers, so it doesn't apply. What I would say is if you'd like to go -- what would change is the amendments would change the density. Currently it's capped at 22 units an acre. This would allow for 25 units per acre when it's providing for affordable housing. A unique thing about the Golden March 28, 2023 Page 184 Gate activity center, it allows 22 units per acre all at market rate. Currently you can get 16 units per acre at the activity centers. If you want to go above it, as we're proposing to 25, it has to have affordable housing. They don't need affordable housing to get to 22 units per acre. CHAIRMAN LoCASTRO: So his concern to pull that out is actually not -- MR. BOSI: It's not founded because the conversion to commercial is only outside of the activity centers and that's -- CHAIRMAN LoCASTRO: Let's make sure we circle back with them because, I mean, you know, he -- I appreciated his comments, so I just want to make sure that we separate rumor from fact. MR. BOSI: Sure. CHAIRMAN LoCASTRO: Let me go to Commissioner Hall. Sir. COMMISSIONER HALL: So what is the main difference between our initiatives and what the state's going to put in? MR. BOSI: The rewards. COMMISSIONER HALL: The differences. Like, what advantages would we have over what the state's going to approve? MR. BOSI: The advantages we would have from a local perspective is we require to get you -- to get to the 25 units per acre in the activity center, you're going to have to dip down to your lower or very low to get to that highest -- to get to the full 12 units an acre. The state will just give you 92 units per acre without having to dip at anything below 120. COMMISSIONER HALL: I guess what I'm asking is, if we approve these initiatives and the state comes along and does the Live Local Act, are we going to get trumped everywhere, or is there places where we won't get trumped? March 28, 2023 Page 185 MR. BOSI: The transit -- the TOD transit proposal will not be -- is not -- is not -- won't be trumped by the state because that is -- most of those properties are commercial that are along the transit lines, but the residential properties along there can take advantage of it at 13 units per acre. So there are some instances where the ones we are proposing I think have value and would stand as a potential option, another option. But the transit line does not allow for -- or it doesn't eliminate the public-hearing process. It just means you're eligible for the 13 units per acre. It doesn't mean that you get to skip the public-hearing process. That's what the state would do. So for the concerns on the transit lines, you get 13 units per acre -- you're eligible for 13 units per acre -- COMMISSIONER McDANIEL: Can I ask -- forgive me for interrupting. COMMISSIONER HALL: That okay. My next question was, what is the percentage of affordability to get to the 25? MR. BOSI: On the transit line? COMMISSIONER HALL: Yes, on the transit lines. MR. BOSI: You would have to -- you need 12 additional units to get beyond what you're eligible at 13 units per acre as being proposed. To get to that 12, you're going to have to at least dip down to the low to get you -- the way that our affordable housing density bonus table works, to get to the full 12, you're going to need to at least attend to the -- at least a portion of your commitment to the 50 percent level. So we'll get a wider variety in a more robust targeted income-restricted area. COMMISSIONER HALL: So you're saying it needs to be 100 percent affordable, but a certain percentage of that 100 percent has to be low? MR. BOSI: Yes. March 28, 2023 Page 186 COMMISSIONER HALL: Okay. Gotcha. CHAIRMAN LoCASTRO: Super low. Commissioner McDaniel. COMMISSIONER McDANIEL: Well, what -- you're proposing that they could go to 12? MR. BOSI: On the -- on the transit lines? COMMISSIONER McDANIEL: On the transit line, yes. MR. BOSI: They're eligible for 13 units per acre, and they still have to go through a public-hearing process. So you could say, we don't think 13 units per acre is appropriate at this location or -- that's at market rate. And if they wanted to go above what they're eligible for at 13 units per acre, at market rate, they could go up to 25, but that has to have an affordable housing density bonus agreement with it -- associated with it to get to that full 25. COMMISSIONER McDANIEL: And what do they start with before they come in? Do they have to be C-1 through 5? MR. BOSI: No, no. They could be C-1 through 5, or they could be residential. COMMISSIONER McDANIEL: It could be a single-family lot on Golden Gate Parkway. MR. BOSI: Yes, or it could be a leftover ag parcel that they're scattered along some portions of the East Trail or other. COMMISSIONER McDANIEL: Hence the concern that I expressed about by right on those transit routes. COMMISSIONER HALL: It's not by right. MR. BOSI: There's no by right. It requires a public hearing. It all requires a public hearing to rezone the process to that TOD. So there's no by right associated with the transit line. It all requires a public hearing, and it requires an affordable housing bonus to go above the 13 they would be eligible for. COMMISSIONER McDANIEL: Okay. March 28, 2023 Page 187 CHAIRMAN LoCASTRO: Anybody come back on public comment, Mr. Miller, anything? MR. MILLER: No, we have no more public comment on this, sir. CHAIRMAN LoCASTRO: Commissioner Saunders, I just wanted to reach out to you again just in case you had a comment; we weren't seeing you. COMMISSIONER SAUNDERS: Yeah. No comments at this point. I may have some before we vote. CHAIRMAN LoCASTRO: Okay. I mean, if no one has -- Commissioner Kowal, did you have -- go ahead, sir. COMMISSIONER KOWAL: I just wanted to ask Mr. Bosi, the state -- this particular state statute that's going to be coming down our way, was the C-4 and C-5 included in -- with their languages? MR. BOSI: Yeah. Any area that's zoned commercial, that's C-1 through C-5 in our parlays, anyone is entitled to the 92 units per acre, and the height's going to be determined by its location within that one-mile radius in which they look out. COMMISSIONER KOWAL: Thank you. COMMISSIONER McDANIEL: And the achievement of the density is going to be based upon the size and then proximity to another -- to another higher structure within that one mile. MR. BOSI: Exactly. It says you're entitled to the highest structure residential or commercial within that one-mile area. If that -- or three stories, whichever is higher. So if you've got a three-story product, even if they're eligible by that 92 units an acre that we have approved, there's no way that they would be able to fit that within the boundaries of a three-story structure. You just don't get the economies of scale. You don't get the height necessary to do so. COMMISSIONER McDANIEL: I have a question. March 28, 2023 Page 188 CHAIRMAN LoCASTRO: Commissioner Hall. COMMISSIONER HALL: You can go first. COMMISSIONER McDANIEL: Go ahead. COMMISSIONER HALL: I'm going to make a motion. COMMISSIONER McDANIEL: Okay. Well, my next question, then, is the maps you were showing were mostly in the urbanized area. There are C-3, C-4, C-5, C-1, C-2 out east. I know we just approved four-story apartments at Randall, so that's going to open up a mile ring, and that is a transit route on Immokalee Road. MR. BOSI: That will open it up for the state. Our GMP amendments are only applicable to the urbanized area. It specifically is out -- we've excluded the Rural Estates, we've excluded the RLSA, the Rural Fringe Mixed-Use, we've excluded that. The state, now that's a different story. COMMISSIONER McDANIEL: I understand. We really don't have anything to say about that, at this stage anyway. CHAIRMAN LoCASTRO: Commissioner Hall, as our AHAC rep, I'd like to have you make the motion. COMMISSIONER HALL: I'm going to make a motion that we approve all four of these initiatives with the exclusion of C-4 and 5. And I know that NABOR has expressed, you know, concern about that, and they have valid reasons. And I don't think that we're giving up a lot by excluding that, and we're going to get trumped anyway with the state. But I want to show the will -- I want to show the people that we're willing to do what we're willing to do. MR. BOSI: And that's C-4 and C-5 properties for the conversion to commercial by right. We want to eliminate that, correct? COMMISSIONER HALL: Correct, by right. MR. BOSI: Because I think I heard Commissioner McDaniel was supportive of C-4 and C-5 mixed-use. March 28, 2023 Page 189 COMMISSIONER HALL: Yes. I'm talking about the ones that are by right. MR. BOSI: Sure. That's the conversion -- okay, understood. CHAIRMAN LoCASTRO: I'll second that. COMMISSIONER McDANIEL: And we're going to leave the transit route in there? COMMISSIONER HALL: Yes. CHAIRMAN LoCASTRO: Why don't you like the transit routes in there; because of the changes? COMMISSIONER McDANIEL: Because it's taken -- it's taken a -- it's taking a -- per my understanding, it's taking a residential piece of property and converting it to a high density -- higher density multifamily. COMMISSIONER HALL: Not automatically. It comes back to us to approve that. MR. BOSI: They're eligible -- yes, they're eligible for a rezoning that ultimately -- CHAIRMAN LoCASTRO: But we still have the say. MR. BOSI: Ultimately it has to be approved by the Board of County Commissioners. COMMISSIONER McDANIEL: They're eligible for that now. MR. BOSI: Well, I mean, they're eligible for anything because of the Growth Management Plan, and a rezone can get you to any conclusion. But this is setting up, within our plan, density along transit lines at 13 units per acre at a market rate as eligible, and then up to 25 units per acre for the Board to ultimately make a decision upon whether that's the appropriate place if they came forward. COMMISSIONER McDANIEL: I'm having trouble supporting the transit route aspect of it. I'm okay with the removal on the -- I mean, the -- I suggested the removal of the language on -- the by-right language on C-4 and C-5, but I'm still hesitant on the transit March 28, 2023 Page 190 routes. It's just -- to me, that's too large of a change. I understand they still have to come back to us, and I don't want to -- CHAIRMAN LoCASTRO: Go ahead, Mr. Bosi. MR. BOSI: I will point out that we -- this is transmittal. When we come back at adoption, you will have the specific LDC amendments to implement these. So you'll have more understanding of the actual -- the nitty gritty of the details that will be contained within the proposed Land Development Code amendments, and that might be a more -- more comprehensive in understanding the full impact of the transit decision. I just want to offer that. CHAIRMAN LoCASTRO: Does that satisfy you a little bit more or not really? COMMISSIONER McDANIEL: Uh-uh, not really. I mean, there again, we -- you -- I've been 4-1 Billy before, so I'm okay with that. COMMISSIONER HALL: Well, you've been at this a lot longer. So to me, by approving it there's no difference than not approving it. It still has to come to us for rezoning. COMMISSIONER McDANIEL: So why do it? COMMISSIONER HALL: For the affordability aspect of it. CHAIRMAN LoCASTRO: Commissioner Saunders, am I hearing you chime in? COMMISSIONER SAUNDERS: Yes. CHAIRMAN LoCASTRO: Go ahead, sir. COMMISSIONER SAUNDERS: Yes, sir. It gives me a little bit of concern, but I'm beginning to agree with Commissioner McDaniel more frequently than I'm used to. CHAIRMAN LoCASTRO: Sir, are you there? I think you're muted. We can't hear you. We can't hear you. We'll get back to you in an hour. COMMISSIONER SAUNDERS: Yeah, I understand his March 28, 2023 Page 191 concern, and I kind of share it. But as Commissioner Hall has said, this is just a transmittal. So why don't we go ahead and transmit it and, Commissioner McDaniel, let's -- when it comes back, let's have that conversation as to whether we should keep it in there. CHAIRMAN LoCASTRO: Yeah. That's my -- that was my position as well. COMMISSIONER McDANIEL: Well, I'm -- CHAIRMAN LoCASTRO: You okay with that? COMMISSIONER McDANIEL: Well, I mean, we're going to get to live with whatever we vote on. I'm -- I have -- I have concerns about it. (Simultaneous crosstalk.) COMMISSIONER HALL: They're valid concerns, and we're hearing you. COMMISSIONER McDANIEL: Right. And so I would prefer we leave the transit routes out. But if that's the will of the Board, then, you-all just go on -- CHAIRMAN LoCASTRO: We have a motion and a second with the changes to C-4, C-5. COMMISSIONER HALL: And the by-right. CHAIRMAN LoCASTRO: Any more comment? Yeah, absolutely. Any more comment? (No response.) CHAIRMAN LoCASTRO: Anything from you-all? It seems like you're leaning forward. MR. BOSI: I would just say that, as pointed out by Mr. French and Mr. Giblin, this will maybe reduce some of the frequency of the small-scale amendments that we get, because if you really -- and have a little bit more leverage when we're dealing with some of the one-offs in terms of another program instead of -- in terms of how we deal -- how we deal with these proposals that we're getting in terms March 28, 2023 Page 192 of exceptions to the GMP that are providing for affordable housing. So it kind of does align with some of the momentum that the private side has shown in terms of some of the recent projects that they've put forward. I just wanted to put that out there. CHAIRMAN LoCASTRO: Okay. So I've got a motion and second. All in favor? COMMISSIONER HALL: Aye. CHAIRMAN LoCASTRO: Aye. COMMISSIONER KOWAL: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN LoCASTRO: Opposed? COMMISSIONER McDANIEL: Aye. CHAIRMAN LoCASTRO: Okay. It passes 4-1. COMMISSIONER McDANIEL: Can I ask Jamie French a question before we come off this subject? CHAIRMAN LoCASTRO: Absolutely. COMMISSIONER McDANIEL: Start to finish, when a project comes forward from pre-app to CO, what's a current average timeline? MR. FRENCH: Can we unbox that? It depends on the developer, sir. If you -- if all the stars are aligned and they submit a good project and they get their submittal right the first time using a sharp pencil, we're probably, from CO to -- or from pre-app to CO, we're probably about three years. COMMISSIONER McDANIEL: So one of the things that I would like to see, which will greatly enhance our development community's participation in housing development at large, is a compression of that timeline somehow, some way to get through that process. MR. FRENCH: Our current -- our current review time, roughly, we follow the state model at 30 days on the planning. It has March 28, 2023 Page 193 to go through the public hearing. It has to meet all those aspects. Building Department turns these around in probably about five to six days, calendar days. So -- I'm sorry -- business days. So within a week I can turn around a set of plans and issue a permit. But 90 percent of what gets rejected throughout our agency is because of missing documentation or submittals, and -- COMMISSIONER McDANIEL: And forgive me for interrupting you. And you and I have spoke about this circumstance in the past. What I would like to see is examples of those -- of those issues that are coming forward and being delayed, and the government's being blamed because of an inappropriate, unfulfilled application. I'd like to -- well, we don't need to belabor the point anymore right now. It's just -- time is money. At the end of the day, time is money. MR. FRENCH: Absolutely. COMMISSIONER McDANIEL: And if we -- if you see places where we can compress that timeline from a government perspective. We can't do anything about shoddy work. When a consultant brings in an application that isn't properly filled out, and we're getting RAIs two and three and four -- requests for additional information, three and four times, that extends the timeline out enormously, but that doesn't have anything necessarily to do with the government. If there is something that we can do from a government perspective to compress the timeline, that would be a huge benefit. And I'd like to implement those as systemic adjustments. MR. FRENCH: We would appreciate that, sir. Unfortunately, what happens is that they get three swings at the plate before they have to pay any additional dollars on their review. Typically, they all get through on the third time. COMMISSIONER McDANIEL: Imagine that. MR. FRENCH: And it does create a great deal of rework, if March 28, 2023 Page 194 that's a word, for us. So what that does is that if you're in the queue, unfortunately, you have to wait longer because the design professional, perhaps, held you up. And we continue to have these conversations with the industry. We haven't had one in well over a year since I've been back. But we will institute those meetings again, gladly, because they benefit the community and certainly your staff because, again, when something gets resubmitted, we have to take it right through the review process. And we're an enterprise fund, as you know. So although we don't impact the taxpayer for our services, we kind of do, because the longer it takes to get a permit, that's the longer it takes for somebody to move into a home or a business or to collect a paycheck. And we recognize the economic detriment of those actions, so we take that very serious. We appreciate your support. We'll bring -- we'll work with your office directly, and we'll bring you some examples. COMMISSIONER HALL: Can I ask a question? Are what we're asking for in those submittals, that 90 percent of them come back incomplete, do we have the discretion to eliminate some of those -- the things that we ask for? Some of that stuff I've looked at is like, whoa, I can't believe they're asking for that. MR. FRENCH: So, for example, there's one project that some of you may be familiar with that they were looking for a payment in lieu of sidewalks. That was never brought to the Board for consideration, and it can only be a Board -- but all they had to do strictly -- they have the ability to show the sidewalks on their plans, and we could have gotten them through the process if they changed their mind later. And construction's not a straight line; we recognize that. But they -- that's one of the holdups, or perhaps are applying for a building permit and they show windows, but the State of Florida requires that you show your product approval which is from the March 28, 2023 Page 195 design professional that says, yes, this adheres, and they don't even make reference to the type of windows they put in. So it runs the gamut. We are a minimum-code state. So we simply apply the minimum code that the state requires. COMMISSIONER HALL: So you're saying the state's requiring everything that we're asking for -- MR. FRENCH: Most of the time. COMMISSIONER HALL: -- and we really don't have the leeway of saying, we can do without that or we can do without that? MR. FRENCH: Whether it be the Department of Environmental Protection, the Department of Health, or the Florida Building Commission, yes, sir. COMMISSIONER HALL: Okay. COMMISSIONER McDANIEL: We're locked in, right. CHAIRMAN LoCASTRO: Okay. Let's take a break and come back at 4:10. (A brief recess was had from 4:00 p.m. to 4:10 p.m.) MS. PATTERSON: Chair, you have a live mic. CHAIRMAN LoCASTRO: Okay. What's next? We're going to 10B. Item #10B RESOLUTION 2023-58: APPOINTING UP TO EIGHT MEMBERS TO THE COUNTY GOVERNMENT PRODUCTIVITY COMMITTEE - MOTION TO REAPPOINTING ELIDA OLSEN (DIST. 1), TRACY KEEGAN (DIST. 2), (DIST. 3 TBD AT A LATER DATE), LARRY MAGEL (DIST. 4), JEFF CURL (DIST. 5), WITH JOHN SYMON, MICHAEL DALBY, AND JAMES CALAMARI (AT-LARGE) BY COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER LOCASTRO – ADOPTED    March 28, 2023 Page 196 MS. PATTERSON: We're moving to 10B. This is recommendation to nominate and appoint up to eight members to the County Government Productivity Committee. I will look over to County Attorney Klatzkow to help guide you through. MR. KLATZKOW: The process -- and I chatted briefly with the Chair on this. The process would be I suggest you do the regulars first, the at-large second. And by "regulars," we go in commission district order. So the commissioner for District 1 would make a nomination from the applicants if desired, the Board would vote on it, and then we move down through 2, 3, 4, 5, take care of that, and then we'll get to the alternates. CHAIRMAN LoCASTRO: Okay. So if that's the -- that sounds good. So if I start off, I'm going to nominate Elida Olsen, right, for District 1? MR. KLATZKOW: If that's what you wish, yes. CHAIRMAN LoCASTRO: Absolutely, yeah. And that's a re-appointment. And do we have to -- do you want to -- do we have to vote on each individual person? COMMISSIONER McDANIEL: Let's do them all. CHAIRMAN LoCASTRO: Yeah. Maybe just do them all. Yeah, she's stellar. It's a re-appointment. You know, I handpicked her initially, and I've heard nothing but -- COMMISSIONER SAUNDERS: Mr. Chair? CHAIRMAN LoCASTRO: Yes, Commissioner Saunders. COMMISSIONER SAUNDERS: Could I jump in for a second, because I sit with this committee. And I'd like to make sure that -- all of the existing members that are seeking re-appointment, I'd like to see all of them get reappointed. That still leaves a whole lot of openings. But, for example, Larry Magel and Jeffrey Curl and Elida Olsen, as you said, I'd like to make sure that they're appointed. March 28, 2023 Page 197 And then there's several others that are -- that are on there, like Michael Dalby. I don't have the list in front of me. CHAIRMAN LoCASTRO: I mean, I do. I don't see Larry nominated for re-appointment unless -- I mean -- COMMISSIONER HALL: He's District 4. He's in there. COMMISSIONER McDANIEL: He is. CHAIRMAN LoCASTRO: No, I know. I see him on the list here, but on the cover sheet here, it's -- COMMISSIONER SAUNDERS: Yeah. I'm not sure why his name was left off there. He's been the Chair. He really makes the committee work. And so I want to make sure that -- CHAIRMAN LoCASTRO: That's on this, right? COMMISSIONER McDANIEL: In the executive summary it talks about all of the committee members that are on there, and it has a note by Larry and by Curl and by Dalby and by Elida that they're all reapplying, so... COMMISSIONER SAUNDERS: Yes, yes. CHAIRMAN LoCASTRO: Okay. Let's pull that up. COMMISSIONER SAUNDERS: So if we could make sure those four get reappointed, and then kind of go from there. COMMISSIONER McDANIEL: Do we have too many? MR. KLATZKOW: No. But, again -- COMMISSIONER SAUNDERS: No -- there's one too many, I think, on the list. MR. KLATZKOW: Well, you had five district seats. They're done by nominations. Then you have three alternates that you could backfill through. COMMISSIONER McDANIEL: Gotcha. So -- CHAIRMAN LoCASTRO: But I'm looking at the -- I'm looking at today's agenda, 10B, action item printout. So it says district -- you know, it's the -- it's this. It's the chart. So it says, March 28, 2023 Page 198 District 1, Elida Olsen. I reappointed her. I sent the email, made it all official, boom. Whoever -- District 2, Tracy Keegan, boom, is on there. Why is 3, 4, and 5 blank? MR. KLATZKOW: We didn't get nominations from all the commissioners. CHAIRMAN LoCASTRO: Okay. But then I look at the second page, and Larry's in District 4. So should he be in that block as a re-appointment? COMMISSIONER McDANIEL: If Kowal wants him. CHAIRMAN LoCASTRO: Yeah. I mean, so that's what we're all here to do. So if you missed reappointing him to the County Attorney, you know, by accident or didn't see the email or whatever, I mean, let's solve it today. So I appoint Elida Olsen in District 1. Obviously, Commissioner Hall is appointing Tracy Keegan, correct? COMMISSIONER HALL: Yes, correct. CHAIRMAN LoCASTRO: Okay. And then for District 3, I mean, at least on this front page, is a blank. Do we have District 3 nominees? COMMISSIONER SAUNDERS: It looks like there are two. CHAIRMAN LoCASTRO: Yeah, Marvin and Peter, right. COMMISSIONER SAUNDERS: To be perfectly honest, I don't know either one of those guys. CHAIRMAN LoCASTRO: Do you want to leave that open for now, Commissioner Saunders, and you can -- you know, we could always appoint them separately or -- COMMISSIONER SAUNDERS: Sure. Why don't we do this. Let me just -- give me the authority to appoint one of those two. CHAIRMAN LoCASTRO: Okay. COMMISSIONER SAUNDERS: I'll get with the County Attorney -- March 28, 2023 Page 199 (Simultaneous crosstalk.) CHAIRMAN LoCASTRO: I don't think we have any objection to that. And then District 4, it looks like Larry Magel is looking -- like you said, is looking for re-appointment, but then you also have two other nominees -- or two other applicants, Michael Flaherty and Meredith Gavin. COMMISSIONER KOWAL: There's only one spot, right? CHAIRMAN LoCASTRO: Yeah. So do you want to do the same thing Commissioner Saunders is doing, Commissioner Kowal, take a look at your -- COMMISSIONER KOWAL: I'll nominate Larry Magel. COMMISSIONER SAUNDERS: Well, we have three at-large. CHAIRMAN LoCASTRO: Okay. COMMISSIONER SAUNDERS: So let's have Larry Magel one of the at-large. CHAIRMAN LoCASTRO: Okay. So the nominee that's not at large should be -- could be either Michael Flaherty or Meredith Gavin. Am I looking at the right things? Back me up on this. Okay. So, Commissioner Kowal, do you want to -- do you know either of those -- either of those two you want to be your nominee, or do you want to do what Commissioner Saunders is doing in District 3 and, you know, nominate them at a later date? COMMISSIONER KOWAL: Yeah. I do not know either one of these, but, yeah, I'll do the same thing as Commissioner Saunders. CHAIRMAN LoCASTRO: Okay. COMMISSIONER McDANIEL: And I've got an easy one. CHAIRMAN LoCASTRO: Jeffrey Curl? COMMISSIONER McDANIEL: I'll nominate Curl. He doesn't have a choice. COMMISSIONER SAUNDERS: Yeah. March 28, 2023 Page 200 COMMISSIONER McDANIEL: And then we -- and then we can make Larry -- Larry Magel one of the -- you want to do the five commissioners? That takes care of the five commissioners. Do you want to do that in a single vote? Did I hear you wanted to do -- CHAIRMAN LoCASTRO: Yes. COMMISSIONER McDANIEL: I'll make a motion that those five appointees be named. CHAIRMAN LoCASTRO: Okay. I second it. All in favor? COMMISSIONER HALL: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN LoCASTRO: Aye. COMMISSIONER KOWAL: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN LoCASTRO: Opposed? (No response.) CHAIRMAN LoCASTRO: Okay. It passes unanimously. So just as a reference, which ones are still hanging loose, District 3 and District 4? MR. KLATZKOW: Yes. But my understanding is that District 3 and District 4 were going to get back to me as to who they want. CHAIRMAN LoCASTRO: Right. COMMISSIONER HALL: So there's Dalby and Calamari, we still -- they're the at-large we have to vote in. MR. KLATZKOW: So you'd have two more at-large. CHAIRMAN LoCASTRO: Okay. COMMISSIONER McDANIEL: So let's do Dalby and Calamari as the two at-large. CHAIRMAN LoCASTRO: Well, I mean, I had nominated John Symon. So is he -- he's in contention for at large, too, right? COMMISSIONER HALL: Yes. March 28, 2023 Page 201 COMMISSIONER McDANIEL: Oh, okay. CHAIRMAN LoCASTRO: So we have three at-large seats and these three nominees? MR. KLATZKOW: Well, it's not -- you have three at-large seats. You had three nominees for it, but the nominations were for John Symon, Michael Dalby, and James Calamari. But you guys just made Larry Magel an at-large member. So that takes from the three down to two. CHAIRMAN LoCASTRO: Well, I thought -- maybe then I misspoke or I heard the wrong thing. I thought Larry was going to be the District 4 person possibly. I don't -- if we make him one of the at-large seats, then it bumps one of these three people. I really am really strong on John Symon. So I -- I mean, I did a deep dive on his background and spoke with him and whatnot. So I'd like him to be one of the three, or at least I nominate him to be one of the three. I think we kill all the birds with one stone if we make Larry the District 4 person, not at large, and then we keep these three whose names are here at large, correct? MR. KLATZKOW: But it's Commissioner Kowal's nomination to make. COMMISSIONER KOWAL: Well, it really was. I thought I was nominating him for the seat he already had, which was the District 4 representative. CHAIRMAN LoCASTRO: Yeah. You were keeping Larry in the seat he had. COMMISSIONER KOWAL: Commissioner Saunders said something about Larry would make a good at-large, and I don't think -- and I think that was where we went, so... COMMISSIONER McDANIEL: Do you want -- do you want Larry to be your appointee? COMMISSIONER KOWAL: That's what I initially said. March 28, 2023 Page 202 CHAIRMAN LoCASTRO: Yeah. Do you want Larry to be your District 4 appointee? COMMISSIONER KOWAL: That was what I initially nominated. CHAIRMAN LoCASTRO: Yeah. That makes sense. Okay. Can we amend that by -- District 1 would be Ms. Olsen, District 2 would be Mr. Keegan, District 3 is still to be determined, District 4 would be Magel, Larry Magel, District 5 would be Curl. COMMISSIONER McDANIEL: Curl. CHAIRMAN LoCASTRO: And then the three at-large would be Symon, Dalby, and Calamari. All in favor? COMMISSIONER HALL: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN LoCASTRO: Aye. COMMISSIONER KOWAL: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN LoCASTRO: Opposed? (No response.) CHAIRMAN LoCASTRO: Okay. So that passes unanimously. So the only one hanging loose there is District 3. And there's several applicants, so we'll let -- and as we said, Commissioner Saunders, at your discretion. So we'll have you just get with the County Manager, and we would -- we'll support either of those two candidates. It's at your discretion. COMMISSIONER McDANIEL: Do you need an -- COMMISSIONER SAUNDERS: All right, great. Thanks. COMMISSIONER McDANIEL: Do we need -- do you need an actual letter of appointment from me for Curl, or are we good? MR. KLATZKOW: No, we're good now. CHAIRMAN LoCASTRO: Okay. But, I mean, in the future March 28, 2023 Page 203 you can just send an email to the County Manager and say I appoint this person, and then that's how this thing would have been populated a little bit more, correct? MR. KLATZKOW: Well, no. You've still got to vote on it. CHAIRMAN LoCASTRO: Oh, no, no. I know. But if they would have gotten a note from you, there would have been more names on it. MR. KLATZKOW: No. Everybody got notes from me. I just didn't get replies. CHAIRMAN LoCASTRO: I gotcha. Okay. Okay. Next? 11A? Item #11A AWARD CONSTRUCTION INVITATION TO BID (“ITB”) NO. 23-8058, “GOLDEN GATE CITY TRANSMISSION WATER MAIN IMPROVEMENTS - PHASE 1A - GOLF COURSE” TO ACCURATE DRILLING SYSTEMS, INC., IN THE AMOUNT OF $4,008,590, AND AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED AGREEMENT. (PROJECT #70253) (COMPANION TO ITEMS #11B AND #11C) (MATT MCLEAN, PUBLIC UTILITIES ENGINEERING DIVISION DIRECTOR) (DISTRICT 3) - MOTION TO APPROVE BY COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER KOWAL – APPROVED   Item #11B   THE BOARD OF COUNTY COMMISSIONERS, EX-OFFICIO OF THE COLLIER COUNTY WATER-SEWER DISTRICT, AWARD REQUEST FOR PROFESSIONAL SERVICES (“RPS”) NO. 22- 8042 FOR “CEI SERVICES FOR GOLDEN GATE CITY March 28, 2023 Page 204 TRANSMISSION WATER MAIN IMPROVEMENTS,” TO AIM ENGINEERING AND SURVEYING, INC., IN THE AMOUNT OF $1,817,423.25, AND AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED AGREEMENT. (PROJECT #70253) (COMPANION TO ITEMS #11A AND #11C) (MATT MCLEAN, PUBLIC UTILITIES ENGINEERING DIVISION DIRECTOR) - MOTION TO APPROVE BY COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER KOWAL - APPROVED MS. PATTERSON: We're going to 11A and 11B as companion items. 11A is a recommendation to award Construction Invitation to Bid, No. 23-8058, Golden Gate City Transmission Water Main Improvements, Phase 1A, Golf Course, to Accurate Drilling Systems, Inc., in the amount of $4,008,590, and authorize the Chairman to sign the attached agreement. Its companion is Item 11B, recommendation that the Board of County Commissioners ex-officio of the Collier County Water/Sewer District award Request for Proposal -- or Request for Professional Services No. 22-8042 for CEI Services for Golden Gate City Transmission Water Main Improvements to AIM Engineering and Surveying, Inc., in the amount of $1,817,423.25, and authorize the Chairman to sign the attached agreement. Mr. Matt McLean, Public Utilities Engineering Division Director, is here to answer questions. MR. McLEAN: There's also 11C as another companion to it as well. Item #11C BUDGET AMENDMENTS TO REALLOCATE $15,000,000 FUNDING WITHIN CWS BOND #2 PROCEEDS FUND (419) March 28, 2023 Page 205 AND TO REALLOCATE $1,173,628 DEBT SERVICE FUNDING BETWEEN THE CWS OPERATING FUND (408), WATER IMPACT FEE FUND (411) AND WASTEWATER IMPACT FEE CAPITAL FUND (413). (COMPANION TO ITEMS #11A AND #11B) (MATT MCLEAN, PUBLIC UTILITIES ENGINEERING DIVISION DIRECTOR) - MOTION TO APPROVE BY COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER KOWAL - APPROVED MS. PATTERSON: Oh. Well, 11C is a third companion. Thanks, Matt. Recommendation to authorize budget amendments to reallocate $15 million worth of funding within CWS Bond No. 2 Proceeds Fund 419 and reallocate $1,173,628 debt service funding between the CWS Operating Fund, Water Impact Fee Fund, and Wastewater Impact Fee Capital Fund. And Mr. Matt McLean is here to answer questions on all three. CHAIRMAN LoCASTRO: We can vote on both of those all together? MS. PATTERSON: Vote on all three of them together. CHAIRMAN LoCASTRO: All three of them together, okay. Commissioner Hall. COMMISSIONER HALL: So I have a question. So we're going to pay $1.8 million to AIM Engineering and Surveying to do the thinking. So what happens two years from now if I see on an agenda item that AIM Engineering missed a utility line underneath the ground, and they want us to come back and -- who -- if we're paying them this amount of money and they miss something, are we liable to pay for it, or are they liable to pay for it? MR. McLEAN: This is Matt McLean, your division director from Public Utilities. The contractor for us for AIM Engineering's component is for March 28, 2023 Page 206 the construction, engineering, and inspection services. They are our eyes and ears out on the field to make assurances that the underground contractor that's selected for the installation of the pipelines is following all the specifications and design parameters throughout the course of the construction. We also independently bring in our quality assurance and quality controls inspections team to also take a look at it along with our project management team to make sure that everything is built in accordance with all of the respective design parameters and codes accordingly. So we don't expect that to be an issue. Now, you never know. I mean, there is a -- no one is ever perfect. We do have projects where we run into issues and, collaboratively together, when we do those, we solve those issues as we go throughout the course of it. But the CEI provides us a great level of professional expertise in the construction, engineering, and inspection services to make sure that we're doing what we need to do in order to provide the best services for the county and the users. COMMISSIONER HALL: Yeah. I'm not saying that's not a smart way of doing it. I'm just trying to wrap my head around that amount of money for a watchful eye. MR. McLEAN: One thing I would -- MR. KLATZKOW: It generally averages 10 to 15 percent on your contracts, and you're within those parameters on this one because it's a multi-phased project. MR. McLEAN: Right. For clarification, the contract before you for AIM includes not only the Phase 1A portion, which is the $4 million construction costs, but also when we brought to the Board the construction contract back in November for Phase 2, that was a $6.78 million construction contract. And currently we have out on the street right now the final phase of the transmission project, which March 28, 2023 Page 207 is an engineer's probable opinion of cost of 15 million. So, in sum, all of the projects to provide the foundation for the water lines within Golden Gate City is essentially about a $26 million construction contract, of which AIM's contract will handle all the CEI services, which is approximately 7 percent of that overall construction contract. COMMISSIONER HALL: Okay. That helps me. I remember why I was wondering this, because I remember, oh, two months ago when -- the Goodlette-Frank project, there was a pipe in the ground that we didn't catch, and so they were asking us to come back and approve more funding for it. That's -- that's what I was thinking about, so I was just asking that question. But thanks. It makes more sense to me. MR. McLEAN: You're welcome. CHAIRMAN LoCASTRO: Commissioner McDaniel. COMMISSIONER McDANIEL: I'll make a motion for approval of all three. CHAIRMAN LoCASTRO: Second? COMMISSIONER KOWAL: Second. CHAIRMAN LoCASTRO: All in favor? COMMISSIONER HALL: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN LoCASTRO: Aye. COMMISSIONER KOWAL: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN LoCASTRO: Opposed? (No response.) CHAIRMAN LoCASTRO: It passes unanimously. MR. McLEAN: Thank you. Item #11D March 28, 2023 Page 208 THE PURCHASE OF PROPERTY, BOILER & MACHINERY, TERRORISM, AND WATERCRAFT HULL INSURANCE AS OUTLINED IN THE EXECUTIVE SUMMARY AND AUTHORIZE THE COUNTY MANAGER OR DESIGNEE TO COMPLETE ANY APPLICATIONS OR OTHER DOCUMENTS NECESSARY TO BIND COVERAGE AND SERVICES FOR A ONE-YEAR PERIOD EFFECTIVE APRIL 1, 2023. ADDITIONALLY, APPROVAL TO PURCHASE A THIRTY (30) DAYS COVERAGE EXTENSION IS REQUESTED IN THE EVENT IT IS REQUIRED FOR THE PURPOSES OF AVOIDING A GAP IN COVERAGE AND TO BETTER NEGOTIATE THE TERMS AND CONDITIONS OF THE RENEWAL. (MICHAEL K. QUIGLEY, DIVISION DIRECTOR, RISK MANAGEMENT) - MOTION TO APPROVE BY COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER HALL – APPROVED MS. PATTERSON: Item 11D is a recommendation to approve the purchase of property, boiler and machinery, terrorism, and watercraft hull insurance as outlined in the executive summary and authorize the County Manager or designee to complete any applications or other documents necessary to bind coverage and services for a one-year period effective April 1st, 2023. Additionally, approval to purchase a 30-day coverage extension is required in the event it is required for the purposes of avoiding a gap in coverage and to better negotiate the terms and conditions of the renewal. Mr. Michael Quigley, the acquisition director for Risk Management, is here to answer questions. CHAIRMAN LoCASTRO: Commissioner McDaniel, do you have a question? March 28, 2023 Page 209 COMMISSIONER McDANIEL: My only question was, is there a capacity for us to do this longer than a year? MR. QUIGLEY: There has been times, but at this particular time in our -- I guess the way things are today, I don't see that. In my past history, we have done multiyear contracts, yes, sir. COMMISSIONER McDANIEL: Okay. Okay. Well, I would like for us to explore that more if we could. And be that this is just for a year, I want to have this discussion in advance of two weeks before the expiration of the current policy. This is set to expire, I think, in April of next year, if I'm not mistaken. MR. QUIGLEY: Yes, sir. COMMISSIONER McDANIEL: So I'd like to have this discussion in the early part of the year, at least several months in advance. COMMISSIONER HALL: Yes. I feel like I'm behind the eight ball on it. CHAIRMAN LoCASTRO: And, you know -- and I'll just say to the County Manager -- and we've had this conversation. We've had quite a few of these come up. And there's been sometimes reasons for it. But, you know, approving something that's about to expire in seven days isn't the approved solution. So let's, like, really keep a lookout for those. And, you know, it's not the most efficient way to do business. Especially if we have an issue with it, you know, we feel like we're backed in a corner. COMMISSIONER McDANIEL: I'll make a motion for approval. CHAIRMAN LoCASTRO: Okay. I've got a motion for approval. COMMISSIONER HALL: Second. CHAIRMAN LoCASTRO: Do I have a second? COMMISSIONER McDANIEL: It's seconded. March 28, 2023 Page 210 CHAIRMAN LoCASTRO: Okay. Got a second. All in favor? COMMISSIONER HALL: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN LoCASTRO: Aye. COMMISSIONER KOWAL: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN LoCASTRO: Opposed? (No response.) CHAIRMAN LoCASTRO: Okay. It passes unanimously. 11E. Item #11E AN AMENDED AND RESTATED DISPOSAL CAPACITY AGREEMENT WITH OKEECHOBEE LANDFILL, INC., A FLORIDA CORPORATION, FOR A TERM OF FIVE YEARS, BEGINNING JULY 1, 2023, WITH ONE FIVE (5) YEAR RENEWAL OPTION, PROVIDING FOR THE TRANSFER AND DISPOSAL OF BIOSOLIDS, AND TO RESERVE AIRSPACE FOR STORM GENERATED DEBRIS FROM A NATURAL DISASTER. (KARI ANN HODGSON, P.E., DIRECTOR, SOLID & HAZARDOUS WASTE MANAGEMENT DIVISION) - MOTION TO APPROVE BY COMMISSIONER LOCASTRO; SECONDED BY COMMISSIONER KOWAL – APPROVED     MS. PATTERSON: Item 11E is a recommendation to accept and approve an amended and restated disposal capacity agreement with Okeechobee Landfill, Inc., a Florida corporation, for a term of five years beginning July 1st, 2023, with one five-year renewal option providing for the transfer and disposal of biosolids and to March 28, 2023 Page 211 reserve air space for storm-generated debris from a natural disaster. Ms. Kari Hodgson, your director of Solid and Hazardous Waste Management Division, is here to answer questions. MS. HODGSON: Good afternoon, Commissioners. For the record, my name's Kari Hodgson, your Solid Waste director. I prepared a presentation, but I also am available to take any questions that you may have. CHAIRMAN LoCASTRO: What was amended? MS. HODGSON: The major parts of the amendment for the contract are that it locks prices in for the first 18 months of the contract. It also provides a minimum and a maximum CPI in the contract and has a five-year term agreement. CHAIRMAN LoCASTRO: We didn't have that before? MS. HODGSON: We did not have minimum or maximum CPIs, and we did not have a price locked in for 18 months. It was an annual price change. CHAIRMAN LoCASTRO: Okay. That's good. That's better. Questions? (No response.) CHAIRMAN LoCASTRO: Okay. I make a motion to approve. Do I have a second? COMMISSIONER KOWAL: Second. CHAIRMAN LoCASTRO: Okay. Motion and a second. All in favor? COMMISSIONER HALL: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN LoCASTRO: Aye. COMMISSIONER KOWAL: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN LoCASTRO: Opposed? (No response.) March 28, 2023 Page 212 CHAIRMAN LoCASTRO: It passes unanimously. MS. HODGSON: Thank you, Commissioners. Item #11F A POLICY FOR THE USE OF THE WORKFORCE HOUSING LAND ACQUISITION PORTION OF THE VOTER-APPROVED LOCAL GOVERNMENT INFRASTRUCTURE ONE-CENT SALES SURTAX. (CORMAC GIBLIN, INTERIM DIRECTOR, ECONOMIC DEVELOPMENT AND HOUSING DIVISION) - MOTION TO APPROVE BY COMMISSIONER HALL; SECONDED BY COMMISSIONER KOWAL – APPROVED MS. PATTERSON: Item 11F is a recommendation to adopt a policy for the use of the workforce housing land acquisition portion of the voter-approved local government infrastructure one-cent sales surtax. Mr. Cormac Giblin, interim director of Economic Development and Housing Division, is here to answer questions. MR. GIBLIN: Good afternoon, Commissioners. Cormac Giblin, interim director, Economic Development and Housing. I've got a four-slide show if you would like me to give you a little background on this. CHAIRMAN LoCASTRO: Yeah. Why don't you give us the background. MR. GIBLIN: Sure. The voters approved on November 6th, 2018, the 1 percent local option surtax -- infrastructure surtax. Part of that funding was set to some community priorities, one of which was workforce housing land acquisition. Twenty million of that surtax was set aside. There are certain statute requirements in that infrastructure March 28, 2023 Page 213 surtax statute. One is that the county own the land, and the second is that at least 30 percent of the residential units that are built on that land be affordable at the 120 percent or less of median income level. The AHAC formed a subcommittee to recommend some policy highlights for the Board to consider. Some of those highlights are on the slide in front of you now. They include a preference for plans that contain a greater percentage of affordable units and those that target lower incomes. It's -- the recommended policy is also to discourage properties that are in flood zones, evacuation zones, or those with wetlands and other environmental concerns. It encourages shovel-ready properties with zoning, infrastructure, and transit routes already in place. And then the last one, the AHAC was specific in that they determined that -- or that they felt that it was important to look at the whole picture and not just send our real property team out looking at land but also to combine the land with the developer in the project to make sure that we can move it forward in the most expeditious way possible. The AHAC formed that subcommittee, as I mentioned. They met a few times this spring, and they approved the policy unanimously at their meeting last Tuesday. And with that, the staff recommendation is to adopt this policy for the land acquisition using the surtax dollars. The next steps would be that we would work with the surtax committee, the procurement division, and the real property division to seek and solicit properties and development partners for the use of this money. CHAIRMAN LoCASTRO: Commissioner McDaniel. COMMISSIONER McDANIEL: Yeah. The only -- go back to the previous slide, please. All right. One more. That one. The second bullet point down, discourage properties in flood zones, evacuation zones, or with wetlands and other environmental March 28, 2023 Page 214 concerns. I don't want to discourage anything. I would rather we consider everything and then make business decisions based upon economic circumstances with regard to mitigation, wetland mitigation, habitat mitigation, evacuation zones. But the whole -- in my personal opinion, the whole doggone county is an evacuation zone if the right storm comes about. So it would be my wish that this policy be amended so that we're not discouraging properties in flood zones. MR. GIBLIN: And that is taken into account in the way that the policy is recommended in that it's a scoring system. So if someone brings to you a piece of property that does not have wetland considerations or other impacts, that property would score more favorably than one that does, but it does not take any off the table automatically. CHAIRMAN LoCASTRO: Yeah, I mean, if it had the word "negate" or "ignore" or "disregard properties," you know, that would be a little bit more -- COMMISSIONER McDANIEL: I understand. I understand. I just -- it would -- I would -- you want to say something, Jamie? You're looking like you do. MR. FRENCH: Commissioner, thank you. For the record, Jamie French with -- your department head for Growth Management and Community Development. As Cormac said, this is only scoring criteria. All of these would be brought forward to the Board for consideration for your final decision. Staff is only looking at that with regards to, if you've got mitigation credits -- and this is consistent with your already adopted Growth Management Plan, especially with affordable housing criteria, that when they're looking for density bonuses, we're primarily focused on that -- we're going to call that that Coastal Fringe -- because those are areas that your Growth Management Plan March 28, 2023 Page 215 speaks clearly that this is not where you would want to see affordable housing bonuses go forward. So this lines up with your already current adopted program but, yet, it is your decision as far as what you would exercise those dollars for. And staff only grade to this criterium [sic], which would be available for you at discussion. COMMISSIONER McDANIEL: And in that light, when it comes back, there -- every piece of property that is developable -- in Collier County is not going to come to us en masse. So this scoring system discourages properties that are in flood zones or that are in evacuation zones or that are Coastal High Hazard Areas, wetlands, environmentally sensitive areas and such. So I have a concern about the discouraging aspect of what that is. I think any and all should be brought to -- should be brought to the committee, reviewed, and analysis done. Certainly, if we get to a point where we're running out of the $20 million that we've currently appropriated and need to do something different, then we can have that kind of a discussion. But I don't think we should -- at this stage, with the enormity of the need, I don't think we should discourage anything. MR. FRENCH: Sir, and we take those comments to heart. This doesn't discourage. It just gives a lower scoring on staff criterium, because those type -- CHAIRMAN LoCASTRO: Why don't you word it that way, then? It keeps the paragraph, but it says, properties in flood zones, evacuation zones, or with wetlands and other environmental concerns, you know, run the risk of scoring lower or whatever the right words are. COMMISSIONER HALL: They're still considering properties. CHAIRMAN LoCASTRO: Are considered, but can receive a lower score, or whatever the proper verbiage is. March 28, 2023 Page 216 MR. FRENCH: Commissioner -- I'm sorry, thank you. CHAIRMAN LoCASTRO: Is that a better way to do it? MR. FRENCH: That is exactly how it's identified in the scoring criterium. Perhaps the presentation doesn't match the actual attachments that were provided to you for consideration, but this is just on a basis of scoring points which would -- that staff would consider higher criterium. So, for example, if you've got wetland areas where we know you're in a slough, for example, and you're going to -- and the developer -- or the development would be required to buy mitigation credits, you may only have -- out of a nine-acre tract, you may only have three acres that's developable. CHAIRMAN LoCASTRO: So this is a -- this is a loose summary of the whole thing, right? MR. FRENCH: Yes, sir. CHAIRMAN LoCASTRO: These are just bullets. This isn't the actual verbiage, right? MR. FRENCH: This is not the verbiage. And, again, this is a scoring criterium, and staff would give rationale as we brought this back to you. Now, as Cormac said, it still has to go to your surtax committee for blessing before we could -- but this gives us now an avenue to access the $20 million that the voters put in place in 2018. COMMISSIONER McDANIEL: Okay. Leave it alone. COMMISSIONER SAUNDERS: Could I ask a quick question? CHAIRMAN LoCASTRO: Yes, sir, Commissioner Saunders. COMMISSIONER SAUNDERS: Jamie, in terms of the state and federal incentives that are available for this type of housing, do they prohibit those types of projects in wetlands and high hazard areas? MR. FRENCH: No, sir, but it would just be their cost of March 28, 2023 Page 217 development on the return on investment. They would still be required -- they may not qualify for the density bonuses, but they would, in fact, require those same mitigation credits that they would pay back to the Department of Environmental Protection to offset the filling in of wetlands or -- and they would still be required to go through the same Environmental Resource Permitting through the DEP. CHAIRMAN LoCASTRO: Commissioner Hall -- oh, I'm sorry. COMMISSIONER SAUNDERS: Thank you. COMMISSIONER HALL: Yeah. It's basically a scoring matrix for every property just for a broad picture from a 50,000-foot view. Like a property that would already have the zoning, already have utilities, already have -- ready to go and be shovel ready would score a lot higher than a wetlands property that might have to be doctored up a little bit. So I want to -- I want to send the kudos out to Cormac and Jamie and Jaime and Mike, because what they came up with was really brilliant, and it's really a good tool to take this -- you know, to have a tool to take the 20 million and be able to start applying it. We've had this money now, and now it's time to start applying it. And it's -- this is -- I think it's a great tool, and it's been well though out. I agree with the comments about changing the word from "discourage properties" to "consider properties." COMMISSIONER McDANIEL: Don't change your language. Just leave it alone. CHAIRMAN LoCASTRO: Like you said, those are -- those are shortcut bullets. COMMISSIONER McDANIEL: We're not precluding anybody. We're not precluding anybody. This is just a rating system. March 28, 2023 Page 218 CHAIRMAN LoCASTRO: We have public comment? MR. MILLER: Yes, sir. We have one registered speaker, Michael Puchalla. COMMISSIONER McDANIEL: Who? MR. PUCHALLA: Who? CHAIRMAN LoCASTRO: Never heard of him. MR. PUCHALLA: Good afternoon. A long day. For the record, Michael Puchalla, executive director with the Collier County Community Land Trust, and as you can imagine, here to speak in support of this process. We -- and just so you know kind of what's anecdotally happening, we do have a number of developers that specialize in housing affordability that are out there finding the subsidies and are looking for the incentives to come in and build in Collier County, and they're excited to see what we can do with this. And I really believe that, moving this initiative forward, you're going to see activity, and it's going to be the type of activity that we are looking for in terms of the encouraging that mix of affordability. It's -- the developers that I've spoken with that are interested in working with this process, they are looking at producing units that give us that range that go all the way down into the low income. They're the tax credit type of developers that work with the state SAIL program. The Live Local Act is adding a significant amount of money to the SAIL program. So these developers are ready, and this is just one further incentive that the land and the ability now to maybe bypass some of the zoning -- rezoning, that takes a long time. We're going to see activity. So we do have developers already queued up, ready to make applications. So I strongly -- and also the land trust is ready to come in and partner on this, if it's appropriate, working with staff so that we can be as involved as necessary to make sure that this doesn't become another burden on staff to have to manage the ground leases. March 28, 2023 Page 219 So just thank you again for the time, and I'll answer any questions that you might have. CHAIRMAN LoCASTRO: Commissioner Hall, you have a motion? COMMISSIONER HALL: I do. I make a motion to adopt the policy. CHAIRMAN LoCASTRO: Do I have a second? COMMISSIONER McDANIEL: Second. COMMISSIONER KOWAL: Second. COMMISSIONER SAUNDERS: Second. COMMISSIONER McDANIEL: Fourth. CHAIRMAN LoCASTRO: Okay. All in favor? COMMISSIONER HALL: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN LoCASTRO: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN LoCASTRO: Opposed? (No response.) CHAIRMAN LoCASTRO: It passes unanimously. MR. GIBLIN: Thank you, Commissioners. MS. PATTERSON: Commissioners, before we move on, I'd just like to take a minute to thank Mr. Giblin. We transitioned the Housing group and Economic Development over to the GMD group a couple of months ago, and shortly thereafter, the sitting Housing director, Jake, departed, and Mr. Giblin stepped up and has taken the reins and really helped us out with this policy, amongst other things, in the affordable housing group. So, thank you, Cormac. CHAIRMAN LoCASTRO: I think we're throwing Cormac a little bit too much love. I knew him from my previous life before I was a commissioner, and I can tell you a couple things. I mean, he's March 28, 2023 Page 220 okay. I mean, on a scale of 1 to 10, he's about a 6 if you round up. No. I love you, brother. And thank you. That's really appropriate from our County Manager as we're juggling people around and, you know, we're seeing our senior leaders step forward, and that guy is subject-matter expert on a whole bunch of things so -- and so is that team. Thank you. MR. GIBLIN: Thank you. CHAIRMAN LoCASTRO: I still know a few things about him, though, if anybody wants to -- you probably do, too. COMMISSIONER McDANIEL: You've got to get a public records request. CHAIRMAN LoCASTRO: Yeah, I might. I might. Item #11G THE 2023 STRATEGIC PLAN WITH THE INCLUSION OF MINOR CHANGES BASED UPON DIRECTION RECEIVED AT THE BOARD WORKSHOP ON FEBRUARY 21, 2023 AND PROVIDE DIRECTION ON BOARD AND COUNTY MANAGER'S OFFICE PRIORITY INITIATIVES. (ED FINN, DEPUTY COUNTY MANAGER) - MOTION TO APPROVE BY COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER HALL – APPROVED    MS. PATTERSON:11G is a recommendation to adopt the 2023 strategic plan with the inclusion of minor changes based upon direction received at the Board workshop on February 21st, 2023, and provide direction on Board and County Manager Office priority initiatives. Mr. Ed Finn, your Deputy County Manager, is here to present briefly. March 28, 2023 Page 221 CHAIRMAN LoCASTRO: So, Mr. Finn, do you have slides with the updated changes, or can you -- are you going to summarize those, or -- right? This is the update to the big meeting we had where we wordsmithed a few things and rejuggled some priorities, correct? MR. FINN: Yes, sir, absolutely correct. Thank you, Mr. Chairman, Ms. Patterson. Ed Finn, Deputy County Manager. Maybe Troy can help me out. Maybe he can't. COMMISSIONER McDANIEL: Here comes Jesus. MR. FINN: It's all right. I can help myself. I usually do. Okay. Get our spelling right on this. We're all set. We're here today to adopt this strategic plan incorporating the Board's direction and input. That workshop was held on February 21. We're looking at Agenda Item 11G. This discusses -- the item itself discusses the changes that the Board made. The attachments include the strategic map, as we call it, as well as the PowerPoint on the entire presentation. There's also -- on the strategic map and attached to the items are the priorities that the County Manager and her senior staff assembled, a total of 36 priorities. I'll be happy to take any questions, do any further presentations. We're prepared with all that documentation if you'd like. I can tell you that our next step and the top priority under the Board priorities is the strategic plan integration into the budget that's being developed now. Instructions have already been given out and have been followed by your staff as they prepare their -- what we call their enhanced funding requests. Those funding requests are kind of the tip of the iceberg. They have been instructed to explain how and describe in what way they will advance the strategic plan. And we are going to similarly integrate the strategic plan into the balance of the budget. So that -- you should see that. And the rest of the March 28, 2023 Page 222 reporting is going to be developed as we move forward. Having said that, if there's anything further the Board would like me to specifically get to, I'll be happy to do it. CHAIRMAN LoCASTRO: Commissioner McDaniel. COMMISSIONER McDANIEL: Move for approval. COMMISSIONER HALL: Second. CHAIRMAN LoCASTRO: Okay. Got a motion and a second. All in favor? COMMISSIONER HALL: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN LoCASTRO: Aye. COMMISSIONER KOWAL: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN LoCASTRO: Opposed? (No response.) CHAIRMAN LoCASTRO: It passes unanimously. MR. FINN: Thank you very much. And I do appreciate the Board's input at our workshop. It was very helpful. Thank you. CHAIRMAN LoCASTRO: Just because I'm a little anal, under vision, there's two spaces between community and in, where it says "community in America." I'll keep you honest. MR. FINN: Yes, sir. COMMISSIONER McDANIEL: Just so you know -- MR. FINN: May I have another, sir? Thank you. COMMISSIONER McDANIEL: -- I'll accept a little wordsmithing issues just to get it done, and I appreciate it getting done. MR. FINN: Thank you, sir. I certainly was encouraged to bring it back quickly. COMMISSIONER McDANIEL: Yes. MR. FINN: And I appreciate that. March 28, 2023 Page 223 COMMISSIONER KOWAL: Glad I see that pyramiding -- CHAIRMAN LoCASTRO: Let me just ask you. So what are we going to do with this? Are we going to -- this is going to hit our website? We're going to -- we're going to have a -- we have a marketing campaign, right, for this? MR. FINN: The strategic plan we'll get onto the website, and we are working on how we're going to exactly communicate those top priorities that the Board just looked at. And Mr. Neiman and myself are kind of working on a strategy that we'll be implementing very shortly. CHAIRMAN LoCASTRO: Okay, great. Next? MR. FINN: Very good. Thank you, sir. Next item, ma'am? Item #11H AN AGREEMENT FOR SALE AND PURCHASE WITH: (1) BRIAN BLOCKER; (2) MAXIMO GUERRA AND SIGRID GUERRA; (3) ANDREW J. RUBEN AND NANCY L. RUBEN, TRUSTEES OF THE ANDREW J. RUBEN AND NANCY L. RUBEN REVOCABLE TRUST, DATED JULY 30, 2021; (4) TAMERA SPARKMAN, FORMERLY KNOWN AS TAMERA GIBSON-DEMELLO; AND (5) PAUL MICHAEL ZANI AND ASHLEY CHRISTINA ZANI UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM, AT A COST NOT TO EXCEED $371,300 AND ACCEPT A PROJECT STATUS UPDATE. (ED FINN, DEPUTY COUNTY MANAGER) - MOTION TO APPROVE BY COMMISSIONER LOCASTRO; SECONDED BY COMMISSIONER MCDANIEL – APPROVED   MS. PATTERSON: Item 11H is a recommendation to approve an agreement for sale and purchase with, one, Brian Blocker; two, March 28, 2023 Page 224 Maximo Guerra and Sigrid Guerra; three, Andrew J. Ruben and Nancy L. Ruben, trustees of the Andrew J. Ruben and Nancy L. Ruben Revocable Trust dated July 30th, 2021; four, Tamera Sparkman, formerly known as Tamera Gibson-Demello; and, five, Paul Michael Zani and Ashley Christina Zani under the Conservation Collier Land Acquisition program at a cost not to exceed $371,300, and accept a project status update. Mr. Ed Finn, your Deputy County Manager, will kick off this presentation. MR. FINN: Thank you, ma'am. Sir, this is a relatively routine item. We just thought we'd take a little time and give you a quick update on the overall status of the three cycles that are in play right now. There are -- as I mentioned, there are three -- three acquisition cycles in play. Cycle 10 -- Cycle 10 there are 20 properties that have been closed. Fourteen properties, after the Board approves the five today, will be lined up for closing, and there are 20 properties that are pending BCC approval. So those contracts are working their way through, and they'll be presented to the Board in much the same way as we just presented the five for today. Cycle 11A is a little more recent. Sixteen appraisals are in process. Four property appraisals are under review. And the last one is most recently the Board approved the Cycle 11B, and four properties have dropped out, and 16 properties are -- we have appraisals in process, various -- various stages of being in process. I'll mention to you that Conservation Collier will be back before you presenting their annual report on the 25th. The five properties that we're talking about today are kind of identified on this eye chart. And I'll make it a little bigger if I can. These properties are -- have all been agreed to at the appraised price, and they are ready to move forward with the Board's approval today. March 28, 2023 Page 225 COMMISSIONER McDANIEL: Do it. CHAIRMAN LoCASTRO: Okay. Motion to approve. Do I have a second, or do you have a -- I'm sorry. Commissioner McDaniel, go ahead, sir. COMMISSIONER McDANIEL: No, no, no. I'll second your motion. CHAIRMAN LoCASTRO: Okay. No, did you have a question? COMMISSIONER McDANIEL: No. I was going to make at motion. CHAIRMAN LoCASTRO: Okay. Make a motion to approve. Second. All in favor? COMMISSIONER HALL: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN LoCASTRO: Aye. COMMISSIONER KOWAL: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN LoCASTRO: Opposed? (No response.) CHAIRMAN LoCASTRO: It passes unanimously. MR. FINN: Thank you very much. Item #12A THE CHAIRMAN TO EXECUTE A SETTLEMENT AGREEMENT WITH NAPLES GOLF DEVELOPMENT, LLC, FOR SETTLEMENT OF A BERT HARRIS CLAIM FILED PURSUANT TO FLORIDA STATUTES §70.001, RELATED TO APPLICATION OF THE COUNTY’S GOLF COURSE CONVERSION ORDINANCE ON THE LINKS OF NAPLES GOLF COURSE - MOTION TO DENY BY COMMISSIONER March 28, 2023 Page 226 MCDANIEL; SECONDED BY COMMISSIONER LOCASTRO - APPROVED (COMMISSIONER SAUNDERS OPPOSED) MS. PATTERSON: Commissioners, that brings us to Item 12A, formerly 16K1. This is a recommendation to approve and authorize the Chairman to execute a settlement agreement with Naples Golf Development, LLC, for settlement of a Bert Harris Claim filed pursuant to Florida Statute 70.001 related to application of the county's golf course commercial ordinance on the Links of Naples Golf Course. This item was moved to the regular agenda by Commissioner McDaniel's request. County Attorney Klatzkow. MR. KLATZKOW: And I can start, or I can answer your questions, sir. Your prerogative. COMMISSIONER McDANIEL: You go ahead and start, and I'll ask my questions if you don't address them. MR. KLATZKOW: It's your prerogative, yes. COMMISSIONER McDANIEL: It is my -- MR. KLATZKOW: I put a location map up on the viewer so that the public could have some idea where this is. It's a golf course off of 41. You can see the development pattern around the golf course. So it's not like the golf course is in the middle of nowhere. We got served with a claim on the Bert Harris Act. The way that works is that before a claimant can file a Bert Harris Act, he has to give a notice of claim which gives the parties the opportunity to sit down to see if they can't negotiate some sort of settlement. There's a 90-day period for that, and it took pretty much all 90 days plus an extension to get there. The settlement, we believe, at three units per acre is probably less than they would get if they went through the full rezoning process, and it ends the -- it ends the issue. It's a $6 million claim. March 28, 2023 Page 227 If I thought the claim had no value, I wouldn't be coming here to you, but I do think there is some value to that claim. And by accepting this settlement, we end the county's exposure on this. COMMISSIONER McDANIEL: So the reason that I brought this forward was -- and I'm not a lawyer, so I look at things from my perspective. And my perspective is I'm not understanding how a Bert Harris Claim taking can transpire when no request for a change of use is in the process. And I understand that the theory of the golf course conversion ordinance that I expressed concerns about when we adopted it years ago gives the perception of a taking, but without seeing the site plan, without a request for a deviation from an existing ordinance, without seeing how the project's going to lay out, I'm concerned about negotiating a settlement on a perceived taking that hasn't transpired. MR. KLATZKOW: Under the act, you do not have to first file for a development order, and so that requirement is not part of the act. I can tell you that there is exposure here. This gets rid of the exposure. We worked with our development services team, Mike Bosi and his people. The development standards, they're within the parameters of what we normally would grant. They have to file the LDC. The big "get" here is it's three units per acre, which I feel is highly reasonable for this area. COMMISSIONER McDANIEL: So I'm settling a lawsuit that hasn't existed with an offer of density that hasn't been requested. MR. KLATZKOW: Commissioner, we don't have to settle this, but they will file a claim. As part of that, we'll get involved in litigation. As part of that, there will be a court-ordered settlement, and we'll be here again in six months to a year on something that is probably substantially similar to this, after having spent some costs. Either way, as part of Bert Harris, you're going to be seeing a March 28, 2023 Page 228 settlement offer. Now, if I thought the claim had no merit, I'd tell them to pound salt, which would be my recommendation, but I think this claim has some merit. COMMISSIONER McDANIEL: My concerns are what they are. I am -- first of all, what happens if we repeal the golf course conversion ordinance? MR. KLATZKOW: It will not affect this particular matter because they were impacted by that ordinance. But if we repeal it, you will not see another one after that. COMMISSIONER McDANIEL: And you brought that up several times. And, again, I'm not arguing with our lawyer; please understand that. I'm just -- I'm looking at it from a real estate developer's standpoint. I'm a real estate developer. I look at this -- their claim is a claim of damage for a taking of property rights that can be amended within the bounds of the golf course conversion ordinance that we have. If Mr. Bosi brings me an ordinance that says I have to meet certain criterium, side-yard setbacks, green space, so ons and so forth, what happens when the developer wants to change from that? They ask for a deviation, and that deviation, then, can fulfill their theoretical taking that we're not taking by an alleged claim when I could actually see with specificity -- because this isn't the first. You know, we've got multiple projects that are coming at us. And my question is, wouldn't it be more prudent for us to not settle this at this particular stage? And, again, I don't know. I'm just having trouble understanding or seeing the validity of the taking when there hasn't been an ask. MR. KLATZKOW: Commissioner, I'm happy to litigate this. If we're successful, we will have some costs involved, but we'd be successful. They would then come in for a rezone, and they would probably be asking for this or more. I think at the end -- however March 28, 2023 Page 229 way we go on this process, I think the settlement is the way this property's going to develop. It is not going to stay as a golf course. So we could do this -- I'm happy to litigate this. I am telling you we have some exposure, but I'm happy to litigate this. But my best-case scenario after two, three years, four years of litigation is a rezone that asks for this. COMMISSIONER McDANIEL: Right. And I am hesitant in starting a process of a negotiated settlement on something that could be negotiated when they ask for the rezone when they actually have a taking that transpires because of the implementation of the ordinance for the golf course conversions that we have. That, to me, is semantics that can, in fact, be justified. MR. KLATZKOW: This is just the way the Bert Harris Act works, sir. I mean, I don't know what to tell you. It would be my preference for the first -- there would be a denial of a development order, but that's not how the statute works. COMMISSIONER McDANIEL: Well, this isn't a development order. This is a piece of property that's utilized as a golf course that hasn't come in for a rezone. That hasn't even -- MR. KLATZKOW: They came in for a pre-app, and staff said you can't do it because you'd have to comply with the golf course ordinance. COMMISSIONER McDANIEL: So they have to comply with the golf course ordinance. MR. KLATZKOW: And they're saying -- COMMISSIONER McDANIEL: And they don't want to comply with the golf course ordinance, so in a normal process, then they would come back and ask for deviations from that ordinance or the side-yard setbacks or any of the things that we have set up as the development criteria. MR. KLATZKOW: Or they can choose to move forward with March 28, 2023 Page 230 the Bert Harris Act and claim $6 million because maybe they can get more money that way than they can actually developing the property. I don't know what to tell you. I'm not a big fan of the Bert Harris Act, but it is what it is. COMMISSIONER McDANIEL: I am a -- I mean, I don't -- I'm not a fan nor am I an opponent of it, because property rights reign supreme with me. I'm just having trouble with the logistics of this circumstance when an actual taking has not transpired, and a settlement's being offered up with a zoning density that's -- that's being offered up in advance of a -- of what I know of as an application. Now, you just shared new information with me that there was a pre-application that was submitted, and staff told them that they couldn't do what they wanted to do because of the golf course conversion. MR. KLATZKOW: They would have to comply first with the golf course ordinance, and there's that 100-foot buffer requirement. COMMISSIONER McDANIEL: Right. And in the event they couldn't/didn't want to, did they explore a deviation request? MR. KLATZKOW: No. All we got was a notice of claim. COMMISSIONER McDANIEL: Correct, which is -- which is -- MR. KLATZKOW: And I'm having the same thing with Riviera, by the way -- COMMISSIONER McDANIEL: Right. MR. KLATZKOW: -- where rather than going through the process, I'm getting a notice of claim. It's just the way the Bert Harris Act works. It's frustrating, from my standpoint. COMMISSIONER McDANIEL: Right. Well, it almost seems to me -- well, two things are glaring at me. The first is we need to give consideration to the repealing of the golf course conversion March 28, 2023 Page 231 ordinance, number one, and allow these projects to come through on a case-by-case basis for a zoning request and protect the community as best as we possibly can. That's number one. Number 2, this is -- they certainly may be within the bounds of the law to ask for a Bert Harris Claim, but I have trouble seeing where they have a validity in the claim when they haven't asked for any kind of a deviation away from what the stipulations are that are set forth in the code. Every single development -- not every single development. Many of the developments that come before us have deviations. It's a -- it's a common occurrence that transpires in my world regularly. I can't say every single one, but virtually all of them have some kind of a deviation, and without that being tested in advance of a $6 million claim for a taking that hasn't transpired on an unzoned piece of property, I'm having difficulty in seeing how that claim can even be given validity. MR. KLATZKOW: And I'm not telling you we don't have any viable defenses to this. But I am telling you it's a $6 million claim. If they choose to pursue it, there will be a settlement discussion. I will be coming back with some sort of proposal substantially similar to this. If we win this thing, they're going to be rezoning, and then we can go through that process, and you're going to wind up with something like this, or if I lose it, we'll be buying a $6 million piece of property here, in essence. COMMISSIONER McDANIEL: I don't know. How do the rest of you feel about this -- how do the rest of you feel about this? Again, this is just -- this is Commissioner McDaniel sitting over here looking at it from my -- COMMISSIONER KOWAL: I agree. No, I agree with you, Commissioner. I mean, I'm lit up. I just -- CHAIRMAN LoCASTRO: Yeah. Commissioner Hall, and March 28, 2023 Page 232 then Commissioner Kowal, and then me. Commissioner Hall. COMMISSIONER HALL: No, I hear the frustration. I think the same thing. I mean, there's no real ask, so there's no real taking. So what basis do they have? But that's the nature of the Bert Harris beast. They don't have to have a real reason. They get to make a notice of claim for the $6 million. And so I think what the County Attorney's saying is, we have this golf course conversion in play right now, and so until we got rid of it, that's the liability that we have, and we can settle now for free or settle later for mucho money. And so -- COMMISSIONER McDANIEL: Well, we just approved $20 million for the Affordable Housing Land Trust. CHAIRMAN LoCASTRO: Are you going to use it for this? COMMISSIONER McDANIEL: I'm just talking. I'm not -- I don't -- I don't want to have to go buy a piece of property. I'm -- and I don't disagree with you. It's just my -- COMMISSIONER HALL: Well, it sticks in my craw. COMMISSIONER McDANIEL: My argument, my discussion point is I understand the law. I understand the Bert Harris rights. But for someone to make a magnanimous claim that they've been damaged by $6 million when they haven't tested the system to see if the system can be adjusted to effectuate what their actual request was, there's no damage. The application of an ordinance without testing the ordinance to see if it can be deviated from, should be deviated from, will be deviated from should be the litmus test for us to determine whether or not -- CHAIRMAN LoCASTRO: So are we prematurely settling? COMMISSIONER McDANIEL: I think we are. CHAIRMAN LoCASTRO: Yeah. COMMISSIONER HALL: What's the market value of the March 28, 2023 Page 233 property? COMMISSIONER McDANIEL: Six million. COMMISSIONER HALL: No. That's what the claim is. I just wondered what the -- CHAIRMAN LoCASTRO: Commissioner Kowal, do you have something to add? Go ahead, sir. COMMISSIONER KOWAL: No. I just -- I understand the situation our attorney's in, you know, because of the Bert Harris, and it gives them the right to file the lawsuit, but it doesn't give them the right to win the lawsuit. And I think in any -- you know, jurisprudence in a court of law that he has to prove that we've harmed him in some way or just, you know -- and I think that's for somebody else to decide. If he's going to file a lawsuit, then he has to also run the gamut that he has chances of losing that lawsuit also if his case isn't strong. And I understand where Commissioner McDaniel's coming from that -- what have we done to diminish his ability if he hasn't asked for anything yet? There's no ask. So I just -- it's kind of like putting the cart before the horse again, like we talked about the Riviera Bert Harris lawsuit, and we all sat up here and said it sounds frivolous, you know. And it's almost the same situation. So, I mean, that's kind of where I'm at. CHAIRMAN LoCASTRO: Commissioner McDaniel. COMMISSIONER McDANIEL: Yes. I'm -- I don't know. Do you want to hear from the lawyer for the owner of this piece of property -- CHAIRMAN LoCASTRO: Sure. COMMISSIONER McDANIEL: -- just to have his take on it? CHAIRMAN LoCASTRO: Go ahead, sir. MR. WRIGHT: Thanks, Commissioners. Good afternoon. Jeff Wright here on behalf of the property owner. March 28, 2023 Page 234 Just a couple things I wanted to clarify. I'm with the Henderson Franklin law firm. And a chronology: This kicked off back in 2021 when we approached staff and said what would be involved -- it's an ag parcel with a conditional use that allows golf, golf course, and that's how it's been for decades. And so we approached staff and said, we're just looking at options. Could you convert this to residential? And we got the impression that staff would resist that, so we did a zoning letter, and the zoning letter -- I wrote down the date -- we received on June 28th of 2021 that says the conversion ordinance applies to this property. And we didn't think that was right, so we asked staff, are you sure about that? And they said, yeah, you guys have to comply with the conversion ordinance. You have to do intent to convert. You have to file a conversion application, et cetera. So we looked at the ordinance and it said, this conversion ordinance applies if your proposed use, in our case residential, is not permitted, it's not conditional, and it's not accessory. Well, like I said, we're in ag zoning, so it's a -- you're allowed to have houses in ag. So residential is a permitted use. So right away we said, well, that conversion ordinance does not apply to our situation because residential is a permitted use. And staff said, we think it does. So we filed an application for a plat, and we got the response, you need to convert. We were left with no choice, so we filed the Bert Harris Claim. It was timely filed, and that's how we got to where we're at today. So there were two application attempts, and both of them we were told that we need to comply with the conversion ordinance, and we, frankly, don't because it doesn't apply because residential is a permitted use. March 28, 2023 Page 235 COMMISSIONER McDANIEL: Correct. MR. WRIGHT: I just thought that would be maybe a helpful clarification for the Board. CHAIRMAN LoCASTRO: Commissioner McDaniel. COMMISSIONER McDANIEL: Yeah, very helpful. So I'm going to -- I'm going to make a motion to deny this settlement offer and, if need be, go to court to determine -- to determine whether or not there is an actual Bert Harris Claim here. In all sincerity, it sounds like, in error, the applicant was advised of a conversion on something that wasn't a requisite of such. CHAIRMAN LoCASTRO: I second it. Any other comment? (No response.) CHAIRMAN LoCASTRO: All in favor? COMMISSIONER HALL: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN LoCASTRO: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN LoCASTRO: Opposed? COMMISSIONER SAUNDERS: Aye. CHAIRMAN LoCASTRO: Okay. It passes 4-1 that we are going to deny it. COMMISSIONER McDANIEL: And then I'd like to -- if I can, while we're on the subject matter, I'd like to find out what the -- what the intention of this board is with regard to the review of the golf course conversion ordinance because it, in all candor, seems to me to be adding up to be more issues with our community than what its intent was to help. MR. KLATZKOW: I don't think it's working, your golf course ordinance, the way it was intended. COMMISSIONER McDANIEL: Could I ask for it to be brought back at our next meeting for a review? March 28, 2023 Page 236 MR. KLATZKOW: Yes. COMMISSIONER McDANIEL: I think I voted in affirmative on that, so I have that right to bring it back and have it -- MR. KLATZKOW: Well, we're past that point. You can do it anyway. COMMISSIONER McDANIEL: Okay. So I would like to -- if it meets with the pleasure of the Board, to see that again next month or -- COMMISSIONER HALL: I'd entertain it. COMMISSIONER McDANIEL: -- first meeting in April. CHAIRMAN LoCASTRO: Okay. What's next? MS. PATTERSON: 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 THE MEETING Item 15A, public comments on general topics not on the current or future agenda by individuals not already heard during the previous public comments in this meeting. MR. MILLER: We have none. Item #15C STAFF AND COMMISSION GENERAL COMMUNICATIONS MS. PATTERSON: That brings us to Item 15C, staff and March 28, 2023 Page 237 commission general communications. I'll look at Mr. Rodriguez. MR. RODRIGUEZ: No, ma'am. MS. PATTERSON: We have nothing. County Attorney? MR. KLATZKOW: Thank you, but nothing. COMMISSIONER McDANIEL: While everybody else is talking, hunt up Ed Finn. MS. PATTERSON: Okay. CHAIRMAN LoCASTRO: I'm going to go to Commissioner Saunders for comment. Sir, anything to add? COMMISSIONER SAUNDERS: Thank you. No, I have nothing to add. Thank you for your courtesy of letting me participate -- CHAIRMAN LoCASTRO: I hope you feel better. COMMISSIONER SAUNDERS: -- via telephone. Thank you. CHAIRMAN LoCASTRO: Commissioner Hall. COMMISSIONER HALL: I do want to bring up one thing to see if there's an appetite for the Board. There is a state statute that passed two years ago, HB1339, that says that we as a local board can override the Growth Management Plan or our Comprehensive Plan for affordable housing projects where it's not zoned for that. Like if there's a commercial project, or if there's something that makes sense, we can -- we don't have to go through the public process. We can just go ahead and adopt that. I brought it up to Mr. French. Mr. French said it's never been done. It is state statute, but it's never been done. And I said, well, let's be the first. It's another avenue -- it's another avenue that we have that's -- that we can use for -- and there's one project that I have in mind. Michael Puchalla brought it to my attention, the Ekos project. March 28, 2023 Page 238 It's not a -- it's something that we could take a look at and implement that state statute, and just because it never has been done, I just wanted to see if there was an appetite to entertain it. COMMISSIONER McDANIEL: I think it's a great idea, and I'm really glad you're here because it will get him from -- quit asking me how many other people in the state have ever done it before? Because I'm like, I don't care. I want to -- let's be the first. So happy to have you. I'd like to see -- and, again, it's going to be on a project-by-project basis. And so if it's outside the parameters of our GMP and it goes through the public process and all that sort of thing, I'm totally fine with it. Happy to have you. COMMISSIONER HALL: Okay. CHAIRMAN LoCASTRO: Commissioner McDaniel. COMMISSIONER McDANIEL: Yes, I'm ready. Ed, I want an update on the -- and I'm getting tired of the comments that are coming at me about the Ochopee Firehouse. MR. FINN: Yes, sir. COMMISSIONER McDANIEL: I want an update on that, please -- MR. FINN: Yes, sir. COMMISSIONER McDANIEL: -- now. MR. FINN: Yes. We've been working diligently with the attorney for Greater Naples Fire District to try to achieve some solution on that. The fire district is meeting on the 30th or the 31st, special session, to approve the terms that they want to present to us. We have met with them on several occasions. Most recently they kind of adjusted the goal posts a little bit, and it was the suggestion of the County Attorney that they kind of huddle among themselves and decide what they need. So we've kind of been working, following along with that. March 28, 2023 Page 239 So on the 30th or 31st when they meet, we'll be there to discuss it with them, and hopefully we'll have some clear direction. The County Manager has been clear in that we cannot disrupt public safety down there, nor disrupt the residents, nor disrupt who's involved. We've got Ochopee, Port of the Isles, as well as Everglades City. COMMISSIONER McDANIEL: All of them. MR. FINN: Our intent is to maintain the appropriate level of public safety, particularly fire service. EMS would continue either way. But the fire service also provides for medical as well. That is our intent. COMMISSIONER McDANIEL: And I want to -- if it meets with the Board's pleasure, I want a full report on this at our first meeting in April, which is two weeks in advance of their supposed withdrawal. MR. FINN: It would be our -- again, our intent to bring to the Board on the 11th an agreement. That's -- COMMISSIONER McDANIEL: Eleventh. Is our meeting on the 11th? Forgive me, I might have -- I said the wrong date. My bad. You know what I meant. MR. FINN: Yes, sir, we will do that. COMMISSIONER McDANIEL: Okay. CHAIRMAN LoCASTRO: Obviously, like you said, there's several fire stations. MR. FINN: Yes, sir. There's two-man stations -- two-man stations and, essentially, a maintenance storage facility also in Ochopee. COMMISSIONER McDANIEL: Have we looked at this from a legal perspective with regard to the exposure? Because my understanding is their board was given inaccurate information, misled that we were delinquent under the terms of the existing contract. March 28, 2023 Page 240 MR. KLATZKOW: I will tell you that this is all on them, not your staff, all right. This is a management agreement. They don't know that they want this. COMMISSIONER McDANIEL: They don't want it. They have -- MR. KLATZKOW: All right. So if they don't want this, they may decide to walk away. So we told them, just give us a deal. What do you need to stay here to manage this? And that's what we're waiting on. COMMISSIONER McDANIEL: Okay. Have we reviewed the terms of the contract with them from a legal perspective? And do they have exposure to the county for their lack of fulfillment under the terms of the contract? Because my understanding, there were requisites under the terms of the contract that they were supposed to have performed. They did not perform those requisites. MR. KLATZKOW: I don't believe they're in breach of the contract. COMMISSIONER McDANIEL: Yet. MR. KLATZKOW: I don't think they're going to be in breach of the contract. The contract will be -- the contract will be ending, all right. So the decision is, do they want to continue managing this for us or not? All right. If they say we don't want to do this anymore, then staff's going to have to come up with Plan B. COMMISSIONER McDANIEL: Right. And there was also, my understanding under the terms of the existing agreement, that they -- that they were supposed to have already assimilated the Ochopee district into the Greater Naples Fire District, and they have not done that yet. MR. KLATZKOW: They have not done that yet. And, quite frankly, when this deal was done, Len Golden Price and I thought exactly what would happen here, because Ochopee's a money loser, March 28, 2023 Page 241 which is why we did the management agreement to maintain control of all the assets in case we ever had to step back. This is not a surprise to me what they're doing. COMMISSIONER McDANIEL: I understand that, but does it not -- is that not a breach of the existing contract -- MR. KLATZKOW: No. COMMISSIONER McDANIEL: -- if they did not fulfill that portion of it? MR. KLATZKOW: No, it's not. COMMISSIONER McDANIEL: So it's a voluntary assimilation? MR. KLATZKOW: The deal was they were going to take over Isles of Capri and Ochopee and amend their fire districts, all right. Isles of Capri was a money maker. Ochopee was a money loser. They have decided that that was a bad deal. They don't want to do it. So they're not going to be amending their service area. They're just not. COMMISSIONER McDANIEL: Right. Did they assimilate Isles of Capri? CHAIRMAN LoCASTRO: Is it Isles of Capri or actually the Port of the Islands? MR. KLATZKOW: Isles of Capri, and they did bring it into their district. COMMISSIONER McDANIEL: They did bring that into the district? MR. KLATZKOW: Yes. COMMISSIONER McDANIEL: But they didn't bring Ochopee? MR. KLATZKOW: No. MS. PATTERSON: Sir, they made an attempt, and they will tell you that that attempt at the legislature failed. Now, we can't March 28, 2023 Page 242 comment on -- MR. KLATZKOW: How half-hearted it was. MS. PATTERSON: -- on what exactly that involved. But they did make an attempt, and they have discussed future attempts, but that's all part of this discussion. MR. FINN: So the agreement -- the agreement said that they were responsible for making that effort and, technically, they made that effort. They did not succeed. It was -- initially it was our desire to continue down that path. That was one of our primary objectives with them, and they have decided that's not to their satisfaction. Now, I'm going to quickly say that Greater Naples Fire District has provided good, high-quality service down there. They've been down there for in excess of eight years. They do a good job. They provide the kind of level of service that I think those people out there, the folks out there deserve. It's my thought that we put the best possible face on it. The increase in cost was a result of two things, collective bargaining and industry standards. When that contract was initially developed, there were two firefighters on a piece of apparatus. The collective bargaining agreement as well as industry practice suggests strongly that they should have three people on an apparatus, and they have shifted in that direction, and that largely accounts for the cost increase that we're looking at. Now, it is substantial, but this is a low-density area. It's quite large. It's quite a large service area, and at the same time you have a few areas that are fairly dense, Everglades City and the Port of the Isles. Certainly, this is not perfect, but I kind of hate to see us throw the baby out with the bath water on this one until we can kind of get this thing settled and see what they come back with. March 28, 2023 Page 243 COMMISSIONER McDANIEL: We're not throwing anybody out with anything. It needs to get settled. I don't think we need to be threatened in any way, shape, or form, and I'm feeling backed into a corner right now, and I don't feel rightfully so. MR. FINN: Yes, sir. COMMISSIONER McDANIEL: It was represented in an open public meeting that the county was deficient and delinquent for years under the terms of the existing contract. It was asked if Commissioner McDaniel knew that we were delinquent, and it was represented that I knew. I don't want to have this discussion anymore. I want to get this thing settled in any way, shape, or form that we can, give the people of Port of the Isles and the Ochopee area some semblance of order that they know they're going to have the necessary fire protection, and then go forward. MR. FINN: Yes, sir. COMMISSIONER McDANIEL: Okay. MR. FINN: Yes, sir. COMMISSIONER McDANIEL: I'm very disappointed that the facts were misrepresented, because you know when I was -- when we were all up in Tallahassee, this is when that information came to me, and that's specifically the reason that I was asking if we were delinquent under the terms of the existing contract, and we are not. Is there delinquencies because of policy changes, because of collective bargaining, because of administrative expenses and so ons and so forth that -- there are deficits under the terms of the contract, but they're to the delinquencies. MR. FINN: You are correct. COMMISSIONER McDANIEL: Somebody write that -- oh, Terri wrote that down. Did you hear him say I was correct? Okay. Thank you, sir. MR. FINN: You're very welcome. Thank you. March 28, 2023 Page 244 COMMISSIONER McDANIEL: Yep. Item No. 2, in advance of the Army Corps of Engineers' study for beach enhancement, beach renourishment, dunes, so ons and so forth, my suggestion is sooner than later we appoint another advisory committee to watch this go through it and have -- I don't want it to be -- I don't want it to be the previous advisory committee. If we have to extinguish that one, I'd like it to go away, because it was too big, too voluminous, too cumbersome, and I'd like a committee of five, one from each direct appointed, and then two at-large. Two at large or two from each district? COMMISSIONER KOWAL: Two at-large. COMMISSIONER McDANIEL: Two at-large, okay. So one from each -- I'd like to do that sooner than later and have that orchestrated up by our next meeting, everybody submit their names of representatives that they would like to serve on this committee, and then we'll get that committee established up to be able to watch and engage with the Corps of Engineers and help us with the public input that was direly lacking, misinformation, disinformation, and a whole bunch of things that transpired last time. So if you-all can whip up a human being to serve on that committee, then we'll work out the parameters of that on April 11th. Okay with that? I've got to get head nods out of you, because Amy won't do anything -- COMMISSIONER HALL: What would that subcommittee -- what would that committee be called? COMMISSIONER McDANIEL: I haven't gotten a name for it. It's a community review of the Army Corps study for beach renourishment and beach -- COMMISSIONER HALL: Beach renourishment. MR. KLATZKOW: Do you want an ad hoc committee? CHAIRMAN LoCASTRO: Army Corps, like, Advisory March 28, 2023 Page 245 Committee or something like that? COMMISSIONER McDANIEL: Pick a name. All I want's the committee. COMMISSIONER HALL: Beach Dudes. COMMISSIONER McDANIEL: The Beach Dudes, Dudettes. We have to be -- we have to take -- CHAIRMAN LoCASTRO: County Manager, can you or someone send us a tasker so that we don't -- this doesn't fall through the crack? Can we have a spreadsheet with names missing? MS. PATTERSON: Yes, sir, and we'll also get you the exact name of the study so that it doesn't -- because the Corps does a lot of things, so we'll get you the exact study name. CHAIRMAN LoCASTRO: And there's -- and there's -- it's not just picking a random person. There's specific people we want to target. I mean, they need to have some knowledge and, you know, they need to be serving us well on this committee. So you've got to do your due diligence to advertise it. If you don't have an exact name at the tip of your tongue, try to shake your trees in your district to find a person who would be a good add. COMMISSIONER McDANIEL: And they're poking around; they're poking around. They're over in Immokalee doing a study on Lake Trafford and the drainage that comes to the reservation. They're over here on the berm and the emergency berm that we've got going on. And they're also coming in with information with regard to the -- the old study that they had and cost feasibilities and so ons and so forth, and I want to get ahead of all that so that -- with the community so that the information's being disseminated and we get -- we're in -- we're in advance of what's being promoted. MS. PATTERSON: Understood. We'll get you a -- we'll get you tasker on that one. COMMISSIONER McDANIEL: We need to get consideration, March 28, 2023 Page 246 give direction to staff to solicit for a deputy director of sports to be headed up underneath the EDC -- not the EDC. The TDC, forgive me -- the old EDC, the Economic Development Council -- headed up underneath the TDC. Again, it's an enhancement of the Paradise Coast park and a coordinating effort to help better coordinate all sporting events that are coming to our community. COMMISSIONER SAUNDERS: Could I jump in real quick here on that one? COMMISSIONER McDANIEL: Sure. COMMISSIONER SAUNDERS: I think probably about 18 months ago, maybe even longer than that, we created that position. Dan Rodriguez was working with some folks to make sure that all of our sporting events were coordinated throughout the county so that, you know, if there was some big event that we were having -- COMMISSIONER McDANIEL: I remember. Yes, sir, I remember. COMMISSIONER SAUNDERS: Yeah -- we wouldn't have it at the same time. For example, of a big event that the City of Naples was having. I'm not -- I know that was put together. I don't know what the status of that is, but that may already be something that's kind of in place. Is Mr. Rodriguez there, by any chance? COMMISSIONER McDANIEL: He is, by chance. And just so you know, I didn't pull this out of the air. I remember that discussion we had with regard to that position, but it was suggested to me that I bring it up as an item under comments to nudge -- to nudge to make sure that we're going forward on that path. MR. RODRIGUEZ: Thank you, Commissioner. For the record, Dan Rodriguez, your Deputy County Manager. Yeah, that position's created. It was placed on hold pending the outcome of the sale. And during our last one-on-one with you, March 28, 2023 Page 247 Commissioner McDaniel, you kind of gave us the nod to move out. COMMISSIONER McDANIEL: Yeah. And if it -- you know, I'm not beginning and the end with regard to the decision-making as to how we go on our transactions, but a nonbinding letter of intent is never an issue to be making business decisions on, any transactions that we have that are ongoing in the works, business operations. So my vote is lift the hold, help us find somebody, and I don't want us to be making business decisions based upon some nebulous letter of intent offer to purchase that's out here. We've got one on the Immokalee airport. We've got one on my next subject item that I'm going to go to, so -- and I have heard that there have been inklings of holding off on moving forward with our business plans on this premise of a sale. No. If we -- if we -- if we get a sale and it meets to the economic viability of what we think we ought to be doing for our community and we hire a sports director and we don't need them anymore, then we'll deal with that when that, in fact, comes. But I don't want to hold off on making our facilities, our community the best that it can possibly be. And, Commissioner Saunders, your memory's a little better than I. I knew we had it out there, and it created -- or set the position up some time ago, but I didn't realize it had been 18 months, so... COMMISSIONER SAUNDERS: And there were several people in the hospitality business that were working with Mr. Rodriguez to come up with a description of that position. So I think that that's all in place. Quite frankly, I thought that had already been filled, so I'm glad you brought it back, because I didn't realize it was put on hold. COMMISSIONER McDANIEL: I wasn't either. And just for further direction, I don't want any of our business decisions being made operationally around supposition of a nonbinding letter of March 28, 2023 Page 248 intent. It's not a deal till it's a deal. MR. RODRIGUEZ: Understood, Commissioners. And Commissioner Saunders is correct. He actually started that initiative. I think it was less than 18 months ago, but it was finalized this past fall. COMMISSIONER McDANIEL: Just so you know, Commissioners Saunders, he winced when he was correcting you on your timeline. He did want to say that, but he winced when he said that. MR. RODRIGUEZ: There were a lot of reviews involved in that. COMMISSIONER SAUNDERS: Well, it may not have been 18 months. It may have been 17-and-a-half months. MR. RODRIGUEZ: Thank you, Commissioner. COMMISSIONER McDANIEL: There we go. Last, but not least, we did receive, and I'd like to pursue it -- we did receive a letter to purchase -- when we developed the 47 acres that we called the Randall Curve -- that's the one where the 400 apartments are and the commercial is out front. We got an acre of land given to the county. And the developer -- the developer of that project has expressed an interest in buying that piece of property, and I'd like to move that forward to -- he hasn't said -- I don't think -- I haven't seen a number. Has anybody seen anything other than that expression -- MS. PATTERSON: No. COMMISSIONER McDANIEL: -- of an interest? So with direction from the Board, our staff can go forward and bring that to a head, and then we can -- it will ultimately come back to us for a decision, but I just want to give direction to staff to pursue that. MR. FINN: Good to go. March 28, 2023 Page 249 COMMISSIONER McDANIEL: Okay. And that will be all from Commissioner McDaniel, maybe. CHAIRMAN LoCASTRO: Commissioner Kowal. COMMISSIONER KOWAL: I have nothing. CHAIRMAN LoCASTRO: Okay. You don't need to come to the podium, Mr. Finn, but, you know, I think it's critical that we make sure that we're not saying our going-in position is we don't want a break in service in these fires stations, but we, in fact, don't have a break in service in these fire stations. So, I mean, you know, if it looks like there's some sort of anomaly or we're slow leaked on the decision and there's an issue, I mean, somebody shoot up a flare immediately because that's critical. Having said that, I don't know if we have an update on our marine stores. You know, that contract's about to expire, the store at the Port of the Islands, store at Caxambas. You know, there again, regardless of who gets the contract, don't want a break in service there. You know, those marinas are really busy right now, and it's season. Do you have an update on that? Either Tanya or you, Dan, do you know anything offhand? MR. RODRIGUEZ: I know they're in the process of developing those RFPs to go back out, so we could come back with an update on that. CHAIRMAN LoCASTRO: I mean, do we feel confident we're not going to have a break in service? MR. RODRIGUEZ: We won't. If we need to, we can extend the existing contracts. CHAIRMAN LoCASTRO: But -- I mean, but the person might not want it extended. They might feel shunned that they're not going to get the contract, so they could actually walk out the door when the contract expires, right? I mean, they could do that. MR. RODRIGUEZ: They could do that, but we have a pretty March 28, 2023 Page 250 good relationship with them. CHAIRMAN LoCASTRO: Well, you won't if we don't renew their contract. If they feel like we're going with a lower bidder or somebody else or we think that, you know, they got too big of a piece of pie, they could walk right out the door, you know. And similar things can happen at the fire station as well. I know it's not apples to apples. But we just want to make sure on those two service lines we don't have a break in service, because the fire stations and those marine stores are servicing a lot of people right now. What do you have to add, Tanya? MS. WILLIAMS: Good afternoon. For the record, Tanya Williams, Public Services department head. As Deputy County Manager Rodriguez said, we are actively working contingency plans. The marina's contract has gone back out for RFP. We received one bid. It still remains sealed. We put it back out, and it will be open until April the 4th. Your parks staff have been working contingency plans. With Caxambas still down, that is and has been a huge draw for the marina's success. We, unfortunately, have Caxambas down. It's going to be down for a while, so that may impact our ability to get a vendor to take the remaining four marinas. So we're working multiple plans behind the scenes right now. It is not our intent to, you know, drop services, but there may be a point in time, especially with the fuel sales -- you know, we're taking a very close look at it. CHAIRMAN LoCASTRO: Yeah. I mean, I'm really concerned during season here if we did drop services. You've got -- you know, if the marina's full of boats, but we can't sell gas. The marina's full of boats, people can't buy water, you know, that sort of thing, so -- okay. COMMISSIONER McDANIEL: Can I ask you a quick March 28, 2023 Page 251 question? On the contract -- CHAIRMAN LoCASTRO: Yeah. COMMISSIONER McDANIEL: -- are we giving credence to individual bids for the individual marinas? MS. WILLIAMS: That has been a thought process, too, Commissioner McDaniel. That's an idea that is on the table depending upon if we get any more response when we reopened the bid. If we don't see any further response, we are prepared to break those marinas up. CHAIRMAN LoCASTRO: I really think it would be advantageous to break them up, because someone might get scared off why they don't want all four; they can't man all four. A couple of them aren't big moneymakers, you know, that sort of thing, so... COMMISSIONER McDANIEL: The picking and choosing winners and losers. I would -- was the RFP set up for one bid for all the marinas? MS. WILLIAMS: Yes, sir, it was. COMMISSIONER McDANIEL: I would question whether that's such -- CHAIRMAN LoCASTRO: Really take a look at that sooner than later, yeah. That might have worked out, you know, way back when. I was just going to mention I met with some senior leadership from the Paradise Coast Sports Complex, or they wanted to meet with me about Memorial Day. So just, if you don't know already, they're planning something really big, you know, when -- and really multifaceted at the sports complex for Memorial Day. And remember the difference between Memorial Day and Veterans Day. Veterans Day is a celebration. Memorial Day is much more solemn. And they know that. But it's going to be little bit of everything. Memorial Day can also be an extremely patriotic March 28, 2023 Page 252 day as well. It's just -- you know, but it does have a different feel than Veterans Day. But they have some good ideas. One thing I just wanted to mention, and I mentioned it to them, I have a lot of town hall meetings in neighborhoods that are around the sports complex. A lot of people still don't even know it's there. I open every town hall meeting saying, did you know the county built a 120-plus-million-dollar sports complex called Paradise Coast, raise your hand. And I just had a -- I just had a town hall meeting and had over 200 people in it, and I think eight hands went up. One of the things I mentioned to the leadership team there was -- and we've talked about this before. The name really doesn't -- doesn't market that footprint very well. We're doing concerts out there, car shows. And we say Paradise Coast Sport Complex. It sounds like a stadium. And granted, it is a lot of fields but, you know, I think the football field there, the big stadium, has seen more non-football things than football things. It had Ben Allen out there. It had a fireworks show. It had a car show. So, you know, people that I talk to even that have heard of it but have never been there, they think it's some sort of just, you know, like I said, sports complex, and I think, you know, we're trying to make it more successful so it's more than that. So it's not something we need to vote on here, but -- COMMISSIONER McDANIEL: What's your proposition? Do you want to rename it? CHAIRMAN LoCASTRO: Well, Paradise Coast Entertainment Complex or something. I mean, I don't think it's named properly. And, you know, when I talk with citizens, those that have heard of it, like I said, they're like, oh, I never go out there because that's where they play football and soccer. It's like, well, they actually might be bringing -- you know, they might be having a March 28, 2023 Page 253 Beetles reunion there on Memorial Day or, you know, there's a lot of other things that are being planned and, you know, it probably wasn't named -- I mean, and maybe in the early stages when, you know, we had a whole different crew here, it was going to be this big sports complex, and it is. But with the new contractor that we have, they have a much bigger vision. And, really, the things that are the -- I don't want to say the moneymakers, but the things that aren't, you know, big, huge losers at times are the things above and beyond the sports stuff. COMMISSIONER McDANIEL: Let me tell you what my thoughts are. My thoughts are, why don't I bring it up at the next TDC meeting? Because, again, a lot of our advertising in dollars that are spent are "Come to paradise," paradise this, paradise that. So it's pairing into the name that's already there. But let's -- CHAIRMAN LoCASTRO: And it could be something close. It's not -- you know, you don't necessarily start it from scratch, you know. But Paradise Coast, you know, the logo is very paradise-y. You know, you look at it, it's palm trees and whatnot. But the sports complex thing is the one thing I think that's confusing a lot of folks, especially with our new -- our renewed direction of, hey, that's ground zero for all kinds of things, right? Yeah, I think that would be great to hear what the TDC had to say. COMMISSIONER McDANIEL: I'll bring it up and get an answer from our staff as well, and marketing folks, as to how it pairs together, and -- MR. RODRIGUEZ: With the realignment of the sports complex under the -- Paul Beirnes with the TDC, he's actually looking at that branding. So he and his group are already looking at some ideas. You had mentioned that before, so... COMMISSIONER McDANIEL: You'll make a note to remind me so that I do bring it up, please. March 28, 2023 Page 254 CHAIRMAN LoCASTRO: I like their ideas for Memorial Day. I'm helping them in a couple areas, too, to try to pull some things in from some veteran contacts I have. And then I'll just end it by saying, I really appreciate all the commissioners and the staff, and even, you know, the citizens are all gone. But if anybody is in the sound of my voice, you know, we had a real professional detail-oriented discussion today on the healthcare ordinance and the resolution, and that's the way they should go. You know, whether people were on the pro side or the negative side or what have you, I mean, everybody was very professional. And what I would say is, we're obviously going to hear this on April 11th. So I would just encourage all the commissioners -- we're going to get tons of emails from people. It doesn't mean you have to answer each one. You don't have to answer any of them. Everybody does sort of their own thing. But it behooves us to at least read what the citizens are saying so that when we come back here on the 11th we have even more information from our constituents. We've got, you know, varied -- varied ideas from folks that feel a certain way and, in the end, obviously, you know, we'll decide here with that input, but that's going to be an important meeting on the 11th. But it was really great discussion and worth staying a little bit extra, and I appreciate everybody's input, and especially that of our citizens. Having said that, anything else? MS. PATTERSON: No, sir. CHAIRMAN LoCASTRO: Okay. Adjourned. Thank you. ***** ****Commissioner McDaniel moved, seconded by Commissioner Kowal, and carried that the following items under the consent and summary agendas be approved and/or adopted**** March 28, 2023 Page 255 Item #16A1 FINAL ACCEPTANCE AND ACCEPT THE CONVEYANCE OF THE POTABLE WATER AND SEWER UTILITY FACILITIES FOR ARDENA, PL20210000845, AND AUTHORIZE THE COUNTY MANAGER, OR DESIGNEE, TO RELEASE THE FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF $4,000 TO THE PROJECT ENGINEER OR THE DEVELOPER’S DESIGNATED AGENT. Item #16A2 FINAL ACCEPTANCE AND ACCEPT THE CONVEYANCE OF THE POTABLE WATER AND SEWER UTILITY FACILITIES FOR AZURE AT HACIENDA LAKES - PHASE 3, PL20200002390, AND AUTHORIZE THE COUNTY MANAGER, OR DESIGNEE, TO RELEASE THE FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF $4,000 TO THE PROJECT ENGINEER OR THE DEVELOPER’S DESIGNATED AGENT. Item #16A3 FINAL ACCEPTANCE OF THE POTABLE WATER AND SEWER FACILITIES AND ACCEPT THE CONVEYANCE OF THE POTABLE WATER AND SEWER FACILITIES FOR SOLUNA, PL20220006195. Item #16A4 ACCEPTANCE OF THE POTABLE WATER UTILITY March 28, 2023 Page 256 FACILITIES AND ACCEPT THE CONVEYANCE OF THE WATER FACILITIES FOR TERRENO AT VALENCIA GOLF AND COUNTRY CLUB PHASE 1A-1 (WATER ONLY), PL20220008880. Item #16A5 RESOLUTION 2023-50: A RESOLUTION FOR FINAL ACCEPTANCE OF THE PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS, AND ACCEPTANCE OF THE PLAT DEDICATIONS, FOR THE FINAL PLAT OF ESPLANADE GOLF AND COUNTRY CLUB OF NAPLES BENVENUTO COURT, APPLICATION NUMBER PL20150002533 (FP) AND APPLICATION NUMBER PL20150002208 (SDP) AND AUTHORIZE THE RELEASE OF THE MAINTENANCE SECURITY IN THE AMOUNT OF $289,141.69. Item #16A6 RESOLUTION 2023-51: A RESOLUTION FOR FINAL ACCEPTANCE OF THE PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS, AND ACCEPTANCE OF THE PLAT DEDICATIONS, FOR THE FINAL PLAT OF PRICE STREET PLAZA, APPLICATION NUMBER PL20170001084 (FP) AND APPLICATION NUMBER PL20150000343 (SDP) AND AUTHORIZE THE RELEASE OF THE MAINTENANCE SECURITY IN THE AMOUNT OF $105,488.61. Item #16A7 AN AGREEMENT FOR THE PURCHASE OF PARCEL 101FEE March 28, 2023 Page 257 REQUIRED FOR CONSTRUCTION OF THE VETERANS MEMORIAL BOULEVARD EXTENSION (PHASE 2), PROJECT 60198. ESTIMATED FISCAL IMPACT: $3,411,575. THE SOURCE OF FUNDING IS IMPACT FEES AND/OR GAS TAXES Item #16A8 SELECTION COMMITTEE’S RANKING AND AUTHORIZE STAFF TO BEGIN CONTRACT NEGOTIATIONS WITH THE TOP FOUR RANKED FIRMS RELATED TO REQUEST FOR PROFESSIONAL SERVICES (“RPS”) NO. 22-8054, “CEI CONTINUING SERVICES AGREEMENT FOR TRANSPORTATION ENGINEERING,” SO THAT PROPOSED AGREEMENTS MAY BE BROUGHT BACK FOR THE BOARD’S CONSIDERATION AT A FUTURE MEETING. Item #16A9 RESOLUTION 2023-52: A RESOLUTION TO HOLD A PUBLIC HEARING TO CONSIDER VACATING TWO UNIMPROVED 30- FOOT-WIDE PUBLIC RIGHTS-OF-WAY, DESCRIBED AS AVENUE “B” AND FIRST STREET, ACCORDING TO THE COL-LEE-CO TERRACE SUBDIVISION PLAT, AS RECORDED IN PLAT BOOK 1, PAGE 32 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THE SUBJECT PROPERTY IS LOCATED ON THE SOUTH SIDE OF U.S. 41 BETWEEN FREDRICK STREET AND PALM STREET IN SECTION 11, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. (PETITION VAC-PL20220000374) Item #16A10 March 28, 2023 Page 258 THE EXPENDITURE OF TOURIST DEVELOPMENT TAX FUNDING IN THE AMOUNT OF $300,000 FOR A PURCHASE ORDER TO CROWDER-GULF JOINT VENTURE, INC. TO PROVIDE REMOVAL OF MARINE DEBRIS AND OTHER BIOLOGICAL DEBRIS ON THE BEACHES AND WATERWAYS OF COLLIER COUNTY DUE TO RED TIDE, APPROVE ALL NECESSARY BUDGET AMENDMENTS, AND MAKE A FINDING THAT THIS ITEM PROMOTES TOURISM. (PROJECT NO. 90077) Item #16A11 THE COLLIER AREA TRANSIT TITLE VI PROGRAM UPDATE ENSURING EQUAL ACCESS TO ANY PERSON WITHOUT REGARD TO RACE, COLOR, OR NATIONAL ORIGIN AND AUTHORIZE ITS SUBMITTAL TO FEDERAL TRANSIT ADMINISTRATION (FTA). Item #16B1 THE COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY AND THE BOARD OF COUNTY COMMISSIONERS REVIEW AND ACCEPT THE 2022 ANNUAL REPORTS FOR THE TWO COMMUNITY REDEVELOPMENT COMPONENT AREAS: BAYSHORE GATEWAY TRIANGLE AND IMMOKALEE AND PUBLISH THE REPORTS ON THE APPROPRIATE WEBSITES. Item #16C1 March 28, 2023 Page 259 AWARD INVITATION TO BID (“ITB”) NO. 22-8088 23-8088 (PER AGENDA CHANGE SHEET), “COLLIER COUNTY SHERIFF’S SPECIAL OPERATIONS BUILDING FLOORING REPLACEMENT” PROJECT, TO WAYNE WILES FLOORCOVERINGS, INC., IN THE AMOUNT OF $104,900, AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED AGREEMENT. Item #16C2 A FIRST AMENDMENT TO AGREEMENT NO. 14-6188 WITH TETRA TECH, INC., FOR “FEMA ACCEPTABLE MONITORING FOR DISASTER GENERATED DEBRIS,” TO EXERCISE THE LAST RENEWAL TERM THROUGH JULY 7, 2024, TO ADJUST THE FEE SCHEDULE RATES EFFECTIVE AS OF OCTOBER 4, 2022, THROUGH JULY 7, 2024, AND AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED AMENDMENT. Item #16C3 AWARD INVITATION TO BID (“ITB”) NO. 22-8034, “FIRE SAFETY SYSTEMS REPAIR, MAINTENANCE & REPLACEMENT,” TO DYNAFIRE, LLC, AS THE PRIMARY VENDOR, AND NATIONAL SECURITY FIRE ALARM SYSTEMS, LLC, AS THE SECONDARY VENDOR, AND AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED AGREEMENTS. Item #16C4 CHANGE ORDER NO. 15 TO COLLIER COUNTY SPORT March 28, 2023 Page 260 COMPLEX PHASE 2.1 AND 2.2A UNDER THE SIXTH AMENDMENT TO AGREEMENT NO. 17-7198 WITH MANHATTAN CONSTRUCTION (FLORIDA), INC., RESULTING IN A NET REDUCTION IN THE AMOUNT OF $142,028.01. Item #16C5 TO 1) APPROVE THE ATTACHED AGREEMENT AND ACCESS AND UTILITY EASEMENT TO ALLOW VB BTS, II, LLC, ACCESS TO ITS PROPOSED COMMUNICATIONS TOWER THROUGH PALM SPRINGS NEIGHBORHOOD PARK AND AUTHORIZE THE CHAIRMAN TO EXECUTE SAME ON BEHALF OF THE BOARD OF COUNTY COMMISSIONERS; 2) DIRECT THE COUNTY MANAGER OR HER DESIGNEE, TO RECORD THE ACCESS AND UTILITY EASEMENT IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; AND 3) DIRECT STAFF TO ENSURE THAT ALL PROPOSED IMPROVEMENTS DISCUSSED HEREIN ARE PART OF AND INCORPORATED WITHIN THE SDP (PL20210000655). Item #16C6 THE FIRST AMENDMENT TO AGREEMENT NO. 15-6365 WITH CERES ENVIRONMENTAL SERVICES, INC. FOR “FEMA ACCEPTABLE DEBRIS REMOVAL FOR DISASTER GENERATED DEBRIS,” TO ADJUST THE FEE SCHEDULE RATES. Item #16D1 March 28, 2023 Page 261 AN AWARD FROM THE FLORIDA DEPARTMENT OF STATE DIVISION OF HISTORICAL RESOURCES IN THE AMOUNT OF $256,436 FOR RESTORATION OF THE HISTORIC COTTAGES AT MAR-GOOD HARBOR PARK IN GOODLAND WITH A REQUIRED ONE-TO-ONE MATCH AND TEN (10) YEAR RESTRICTIVE COVENANTS, AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED AGREEMENT AND AUTHORIZE THE NECESSARY BUDGET AMENDMENTS. (PUBLIC SERVICE GRANT FUND 709 AND PUBLIC SERVICE MATCH FUND 710) Item #16D2 THE CHAIRMAN TO SIGN TWO (2) FIRST AMENDMENTS TO THE U.S. HOUSING AND URBAN DEVELOPMENT EMERGENCY SOLUTIONS GRANTS PROGRAM SUBRECIPIENT AGREEMENTS BETWEEN THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, THE SHELTER FOR ABUSED WOMEN & CHILDREN, INC., AND YOUTH HAVEN, INC., TO MODIFY THE PERIOD OF PERFORMANCE. (HOUSING GRANT FUND 705) Item #16D3 THE CHAIRMAN TO SIGN THE FIRST AMENDMENT TO THE SUBRECIPIENT AGREEMENT BETWEEN COLLIER COUNTY AND PROJECT HELP, INC., UTILIZING U.S. HOUSING AND URBAN DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FUNDING IN THE AMOUNT OF $59,000. (HOUSING GRANT FUND 705) March 28, 2023 Page 262 Item #16D4 AN “AFTER-THE-FACT” AGREEMENT WITH THE AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC., AMERICAN RESCUE PLAN ACT FUNDING UNDER THE HOME-BASED COMMUNITY SERVICES-ENHANCED HOME CARE FOR THE ELDERLY GRANT PROGRAM FOR THE COLLIER COUNTY SERVICES FOR SENIORS PROGRAM AND AUTHORIZE THE NECESSARY BUDGET AMENDMENT IN THE AMOUNT OF $334,665.56. (HUMAN SERVICE GRANT FUND 707) Item #16D5 THE CHAIRMAN TO SIGN A MORTGAGE SATISFACTION AS A RESULT OF COLLIER HOUSING ALTERNATIVES, INC., MEETING THE 20-YEAR LOAN TERM AND FULL REPAYMENT AND APPROVE A BUDGET AMENDMENT TO RECOGNIZE $34,333.99 IN PROGRAM INCOME FOR THE STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM FISCAL YEAR 2022-2023 (SHIP GRANT FUND 791). Item #16D6 APPROVE THE CONSERVATION COLLIER RATTLESNAKE HAMMOCK PRESERVE FINAL MANAGEMENT PLAN UNDER THE CONSERVATION COLLIER PROGRAM. Item #16E1 AN ASSUMPTION AGREEMENT ASSIGNING ALL RIGHTS, March 28, 2023 Page 263 DUTIES, AND BENEFITS AND OBLIGATIONS TO WEATHERPROOFING TECHNOLOGIES, INC., UNDER AGREEMENT #18-7403, “INDOOR AIR QUALITY TESTING” AND AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED AGREEMENT." Item #16E2 AN ASSUMPTION AGREEMENT ASSIGNING ALL RIGHTS, DUTIES, AND BENEFITS AND OBLIGATIONS TO CAROLINA FILTERS INC., UNDER AGREEMENT #22-7974, “CARTRIDGE FILTERS FOR WATER TREATMENT PLANTS” AND AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED AGREEMENT. Item #16E3 BUDGET AMENDMENT FOR THE EXECUTED MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN COLLIER COUNTY EMERGENCY MEDICAL SERVICE (EMS) AND COMMUNITY & HUMAN SERVICES DIVISION FOR THE PUBLIC HEALTH INFRASTRUCTURE PROJECT IN THE AMOUNT OF $1,700,000.00, FOR THE PURCHASE OF EQUIPMENT AND DELIVERY COSTS OF UP TO FOUR NEW AMBULANCES AND FOUR LIGHT BODY TRUCKS UNDER THE AMERICAN RESCUE PLAN ACT, LOCAL FISCAL RECOVERY FUND, AND AUTHORIZE THE COUNTY MANAGER OR DESIGNEE TO SIGN A LETTER OF INTENT FOR A NON-BINDING RESERVATION THE PURCHASE OF EQUIPMENT, PRODUCTS, OR SERVICES UNDER THIS MOU March 28, 2023 Page 264 FOR ARP21-23, REPLACING SUBRECIPIENT AGREEMENT ARP21-19. Item #16E4 THE SALE AND DISPOSAL OF SURPLUS ASSETS PER RESOLUTION 2013-095 VIA PUBLIC AUCTION ON APRIL 22, 2023; APPROVE THE ADDITION OF SURPLUS ITEMS RECEIVED SUBSEQUENT TO THE APPROVAL OF THIS AGENDA ITEM FOR SALE IN THE AUCTION; AND AUTHORIZE THE PROCUREMENT DIRECTOR, AS DESIGNEE FOR COUNTY MANAGER, TO SIGN FOR THE TRANSFER OF VEHICLE TITLES. Item #16E5 THE ADMINISTRATIVE REPORT PREPARED BY THE PROCUREMENT SERVICES DIVISION FOR VARIOUS COUNTY DIVISION'S AFTER-THE-FACT PURCHASES REQUIRING BOARD APPROVAL IN ACCORDANCE WITH PROCUREMENT ORDINANCE 2017-08 AND THE PROCUREMENT MANUAL, AS WELL AS, TO APPROVE THE PAYMENT OF $59,120.62 IN EXPENDITURES THAT HAVE BEEN INCURRED THAT WERE OUT OF COMPLIANCE WITH THE CONTRACTS OR PROCUREMENT REQUIREMENTS FOR ASSOCIATED INVOICES THAT HAVE NOT BEEN PAID. Item #16E6 THE ADMINISTRATIVE REPORT PREPARED BY THE PROCUREMENT SERVICES DIVISION FOR DISPOSAL OF March 28, 2023 Page 265 PROPERTY THAT IS NO LONGER VIABLE AND THEN REMOVAL FROM THE COUNTY’S CAPITAL ASSET RECORDS. Item #16F1 RESOLUTION 2023- 53: A RESOLUTION APPROVING AMENDMENTS (APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS, OR INSURANCE PROCEEDS) TO THE FY22-23 ADOPTED BUDGET. (THE BUDGET AMENDMENTS IN THE ATTACHED RESOLUTION HAVE BEEN REVIEWED AND APPROVED BY THE BOARD OF COUNTY COMMISSIONERS VIA SEPARATE EXECUTIVE SUMMARIES) Item #16F2 TO 1) ACCEPT THE FINDINGS OF THE BOARD’S EMERGENCY MEDICAL AUTHORITY; 2) ACCEPT THE FINDINGS OF THE DIRECTOR OF THE BUREAU OF EMERGENCY SERVICES; 3) GRANTS THE CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO MEDTREK MEDICAL TRANSPORT, INC.; 4) AUTHORIZES THE CHAIRMAN TO EXECUTE THE PERMIT AND CERTIFICATE; AND 5) APPROVE A BUDGET AMENDMENT TO RECOGNIZE AND APPROPRIATE THE $250 APPLICATION FEE Item #16H1 RESOLUTION 2023-54: A RESOLUTION ESTABLISHING AN EAST OF 951 AD HOC ADVISORY COMMITTEE March 28, 2023 Page 266 Item #16J1 TO RECORD IN THE MINUTES OF THE BOARD OF COUNTY COMMISSIONERS, THE CHECK NUMBER (OR OTHER PAYMENT METHOD), AMOUNT, PAYEE, AND PURPOSE FOR WHICH THE REFERENCED DISBURSEMENTS WERE DRAWN FOR THE PERIODS BETWEEN MARCH 2, 2023, AND MARCH 15, 2023, PURSUANT TO FLORIDA STATUTE 136.06. Item #16J2 REQUEST THAT THE BOARD APPROVE AND DETERMINE VALID PUBLIC PURPOSE FOR INVOICES PAYABLE AND PURCHASING CARD TRANSACTIONS AS OF MARCH 22, 2023 Item #16K1 – Moved to Item #12A (Per Agenda Change Sheet) Item #16K2 RESOLUTION 2023-55: APPOINT TWO MEMBERS TO THE FOREST LAKES ROADWAY & DRAINAGE ADVISORY COMMITTEE Item #17A RESOLUTION 2023-56: A RESOLUTION APPROVING AMENDMENTS (APPROPRIATING CARRY FORWARD, TRANSFERS, AND SUPPLEMENTAL REVENUE) TO THE FY22-23 ADOPTED BUDGET. (THE BUDGET AMENDMENTS IN THE ATTACHED RESOLUTION HAVE BEEN REVIEWED March 28, 2023 AND APPROVED BY THE BOARD OF COUNTY COMMISSIONERS VIA SEPARATE EXECUTIVE SUMMARIES) There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 5:34 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL RICK LoCASTRO, CHAIRMAN 42, ATTES CRYStAL7K. KINZEL, CLERK 94444(' Affjej6g to Chairman's _ 0 These minutes appro P d by the Board on 5 -3 2.3 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 267