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BCC Minutes 05/09/2023May 9, 2023 Page 1 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, May 9, 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 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 May 9, 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 May 09, 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 May 9, 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 THE FACILITIES MANAGEMENT DIVISION. Page 3 May 9, 2023 LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Invocation by Reverend Kirt Anderson, Naples Community 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. April 11, 2023, BCC Meeting Minutes 3. AWARDS AND RECOGNITIONS A. EMPLOYEE B. ADVISORY BOARD MEMBERS C. RETIREES D. EMPLOYEE OF THE MONTH 4. PROCLAMATIONS A. Celebrating the Collier County Centennial. B. Centennial recognition of the Collier County business and tourism community. C. Centennial recognition of County Commissioners and County Managers who have served Collier County. 5. PRESENTATIONS A. Celebrating 100 Years of Collier County and Its Many Communities. 6. PUBLIC PETITIONS 7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA Page 4 May 9, 2023 8. BOARD OF ZONING APPEALS 9. ADVERTISED PUBLIC HEARINGS 10. BOARD OF COUNTY COMMISSIONERS A. Recommendation to adopt a Resolution updating the policies relating to code enforcement liens, direct staff to revisit its procedures for prosecuting code enforcement cases, and direct staff to discuss and reinforce with the Code Enforcement Board and Special Magistrate the parameters for the imposition of fines for code violations. (Sponsored by Commissioner LoCastro) 11. COUNTY MANAGER'S REPORT A. This item to be heard immediately following 5A. Recommendation to approve the County Manager’s implementation of one additional personal leave day for all County employees under the direction of the Board including the County Manager’s Agency, County Attorney’s Office, and BCC Office staff to be used May 10, 2023, through May 9, 2024, in honor of Collier County’s Centennial Celebration. (Amy Patterson, County Manager) B. This item to be heard at 1 PM. Recommendation to accept the after-action report for the 2023 Florida legislative session and provide guidance as preliminary planning begins for the next legislative cycle. (John Mullins, Communications, Government & Public Affairs Director) 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS A. This item to be heard at 11 AM. Presentation of the Annual Comprehensive Financial Report for the fiscal year ended September 30, 2022 and authorization to file the related State of Florida Annual Local Government Financial Report with the Department of Financial Services. (Derek Johnssen, Clerk's Office Director of Finance and Accounting) 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY A. AIRPORT Page 5 May 9, 2023 B. COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. Public comments on general topics not on the current or future agenda by individuals not already heard during previous public comments in this meeting B. STAFF PROJECT UPDATES C. STAFF AND COMMISSION GENERAL COMMUNICATIONS ----------------------------------------------------------------------------------------------------------------------------------------- 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the board, that item(s) will be removed from the consent agenda and considered separately. ----------------------------------------------------------------------------------------------------------------------------------------- A. GROWTH MANAGEMENT DEPARTMENT 1) Recommendation to approve final acceptance of the potable water and sewer utility facilities and accept the conveyance of a portion of the potable water and sewer utility facilities and appurtenant utility easement for Stor-All at Tree Farm, PL20220005737. 2) Recommendation to approve final acceptance of the potable water utility facilities and accept the conveyance of a portion of the potable water utility facilities and appurtenant utility easement for The Willough at Naples – Fire Line, PL20220000571. 3) This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Esplanade by the Islands - Phase 3 (Application Number PL20220005192) approval of the standard form Construction and Maintenance Agreement and approval of the performance security in the amount of $5,341,619.06. 4) This item requires that Ex Parte disclosure be provided by Commission members. Should a hearing be held on this item, all Page 6 May 9, 2023 participants are required to be sworn in. Recommendation to approve for recording the minor final plat Dorado at Fiddler’s Creek - Replat, Application Number PL20210003318. 5) Recommendation to approve Amendment No. 1 to the Interlocal Agreement with the School District of Collier County, related to Agreement No. 20-7708, Design-Build Veterans Memorial Boulevard Extension, Phase I (County Project #60198), for $17,752.35. 6) Recommendation to award Invitation to Bid (“ITB”) No. 22-8045 “Fiber Optics Installation, Repair, and Maintenance”, to Intelligent Infrastructure Solutions, LLC, as the Primary vendor, and Aztek Communications of South Florida, Inc., as the Secondary vendor, and authorize the Chairman to sign the attached agreements. 7) Recommendation to authorize the Clerk of Courts to release a Letter of Credit in the amount of $24,580 which was posted as a guarantee for work associated with the construction of a small section of the driveway to the adjacent property located to the east of Marquesa Plaza at Baldrige PUD, PL20120001665, and PL20180002247. 8) Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $539,200 which was posted as a guarantee for Excavation Permit Number PL20200000810 for work associated with Tamarindo. 9) Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $29,600 which was posted as a development guarantee for an Early Work Authorization (EWA) for work associated with Winchester PPL, PL20220001541. 10) Recommendation to waive liquidated damages in the amount of $508,690.00 against Pavement Maintenance, LLC, for contract No. 21-7887, Randall Boulevard at Everglades Boulevard Intersection Improvements, arising from the delayed acquisition of traffic signal equipment, and approve/ratify the after-the-fact payment of the final payment application in the amount of $258,592.43, subject to the contractor providing all required backup documentation prerequisite to processing payment. (Project #60242). Page 7 May 9, 2023 11) Recommendation to approve a work order with APTIM Environmental & Infrastructure, Inc. to provide professional engineering services for 2024-2025 Local Government Funding Request under Contract No. 18-7432-CZ for time and material not to exceed $26,052.00, authorize the Chairman to execute the work order, and make a finding that this item promotes tourism (Fund 195, Project #90065). 12) Recommendation to authorize the necessary budget amendments to reallocate funds from Stormwater Bond Fund 327 reserves to Golden Gate and Gordon River Stormwater Improvements projects in the total amount of $4,000,000 13) Recommendation to approve the payment of $1,650 to the River Oaks Homeowners’ Association (“HOA”) for five years of unpaid assessments for Lot 44, Block A of Palm River Estates, Unit No. 7, according to the Plat thereof recorded in Plat Book 12, pages 28 through 30, Public Records of Collier County, Florida 14) Recommendation to adopt a resolution authorizing the acquisition by gift or purchase of drainage easements necessary for the construction of stormwater management improvements required for the West Goodlette-Frank Road Area Stormwater Improvement Project (Phase 2), Project #60142; and authorize the necessary budget amendment. (Estimated fiscal impact: $930,000. The source of funding is the stormwater fund 325.) 15) Recommendation to approve and execute a Local Agency Program (LAP) Construction Agreement with the Florida Department of Transportation (FDOT) reimbursing the County up to $1,407,595 ($607,595 - FDOT Safe Routes to School) and ($800,000 - Collier County MPO Urbanized Area (SU Funds)) for the construction of a 6- foot sidewalk at Eden Park on the south side of Carson Road from Westclox Drive to Carson Lakes Circle; execute a Resolution memorializing the Board’s action; and authorize the necessary budget amendment (Project #33622), FPN 441480-1-58-01. 16) Recommendation to approve a Florida Department of Transportation (FDOT) Beautification Grant for $100,000 for median irrigation and landscaping improvements on Davis Boulevard (State Road 84) from Page 8 May 9, 2023 Santa Barbara Boulevard to Firano Drive; approve a Joint Participation Agreement between the FDOT and Collier County in the amount of $865,000 for median irrigation and landscaping improvements on Davis Boulevard (State Road 84) from Santa Barbara Boulevard to Collier Boulevard; authorize the Chairman to execute the Agreements; authorize the Chairman to execute the Resolutions memorializing the Board’s action; and authorize the necessary budget amendments. (Companion to item #16.A.17) 17) Recommendation to approve and execute a Landscape Maintenance and Installation Agreement between the State of Florida Department of Transportation (FDOT) and Collier County for median irrigation and landscaping improvements on Davis Boulevard (State Road 84) from Santa Barbara Boulevard to Collier Boulevard, authorize the Chairman to sign a Resolution memorializing the Board's action and allow project activity. (Companion to item #16.A.16) 18) Recommendation to approve an Economic Development Agreement with PFPI OZ, LLC, (Pikus) for the proposed project “CENTRO” for reimbursement of up to $788,878.56 in actual expenditures for sanitary sewer, drainage, impact fees, and building permits for constructing a mixed-use development headquarters in the Golden Gate City Economic Development Zone (GGEDZ) finding that this applicant is a target business qualifying for the incentives set forth in the GGEDZ Ordinance. 19) Recommendation to approve an agreement for the purchase of permanent and temporary easements (composite Parcels 177DE and 177DAE, Parcel 177TCE1, Parcel 177TCE2, and Parcel 177ROE) required for the construction of stormwater management improvements for the Big Cypress Golf and Country Club Estates/Country Club of Naples Areas Project, the Upper Gordon River Channel Improvements Project, and the Solana Road Stormwater Improvements Project, and authorize the Board to delegate authority to the County Manager to approve and execute a Work Order in an amount not to exceed $850,000 to expedite construction activity, subject to being ratified by the Board at its next regular meeting. Estimated Fiscal Impact: $878,500. (Project #60102) B. COMMUNITY REDEVELOPMENT AGENCY Page 9 May 9, 2023 1) Recommendation to approve Change Order No. 1 to Agreement No. 21-7845, Bayshore Drive Redevelopment Project, with Stantec Consulting Services, Inc., to add an additional 90 days to the agreement. (P.O #4500218097) C. PUBLIC UTILITIES DEPARTMENT 1) Recommendation that the Board of County Commissioners, as ex- officio the Governing Board of the Collier County Water-Sewer District, approve a Work Order under a Request for Quotation (“RFQ”) for Agreement No. 20-7800 for “Modifications to NRO Well #11” to Douglas N. Higgins, Inc., in the amount of $588,380, approve staff opening a Purchase Order to commence services, and authorize the Chairman to sign the attached Work Order. (Project #70085). 2) Recommendation to ratify and approve Change Order No. 1, providing for a 150-day time extension and $9,887.37 draw on owner’s allowance under Request for Quotation No. 19-7622-302.25 with US Water Services Corporation under agreement 19-7622, for the Pump Station 302.25 Rehabilitation project, and authorize the Chairman to sign the attached Change Order. (Project #70145) 3) Recommendation to approve Change Order No. 3, allocating a portion of the Owner’s Allowance to cover the costs for Work Directives Nos. 1 and 2 in the amount of $9,226.49 under Agreement No. 20-7800, for the “Orange Tree Wastewater Treatment Plant Driveway Relocation project,” with Quality Enterprises, USA, Inc., ratify the work completed under Work Directives No. 1 and 2, and authorize the Chairman to sign the attached change order. 4) Recommendation to approve the selection committee’s ranking and authorize staff to begin contract negotiations with Harvard Jolly, Inc., related to Request for Professional Services No. 22-8033 for “Design Services for Hardening and Expansion of the Collier Senior Center Building," so staff can bring a proposed agreement back for the Board’s consideration at a future meeting. (Project #50219) 5) Recommendation to authorize a budget amendment for the Water Division in the amount of $279,500 to redistribute existing Division funds to cover the costs associated with the increased purchase of bulk Page 10 May 9, 2023 water to fund continued operations in the Water Division Budget through the end of Fiscal Year 2023. D. PUBLIC SERVICES DEPARTMENT 1) This Item continued from the April 25, 2023, BCC Meeting. Recommendation to authorize a Budget Amendment in the amount of $100,000 to transfer funding within the County-Wide Capital Fund (301) to continue funding eBook collections to meet patron demand for digital resources and materials for Collier County Public Libraries. 2) Recommendation to adopt the attached Resolution superseding Resolution Nos. 2021-263, 2018-135, 2018-44, 2016-245, and 2008- 26, and all other resolutions establishing license and fee policies, to approve the sale and proposed rate schedule for fuel at County-owned Marinas and authorize the necessary Budget Amendments. 3) Recommendation to accept the State Housing Initiative Partnership Hurricane Housing Recovery Program award in the amount of $957,820 to assist eligible Collier County households whose primary residence sustained damage as a result of Hurricane Ian, authorize the necessary Budget Amendment, and authorize two (2) Full-Time Equivalent grant-funded positions to support program administration. (SHIP Grant Fund 791) 4) Recommendation to approve and authorize the Chairman to execute a Landlord Payment Agreement allowing the Community and Human Services (CHS) Division to administer the Rapid Re-Housing and Homelessness Prevention Program through the Emergency Solutions and Rapid Unsheltered Survivor Housing Grants Program. 5) Recommendation to approve an “After-the-Fact” amendment with the Area Agency on Aging for Southwest Florida, Inc., regarding 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 to amend the term of the contract, update Table 2 Delivery Schedule and 3 Payment Schedule and assign the CSFA Number. (Human Service Grant Fund 707) Page 11 May 9, 2023 E. CORPORATE BUSINESS OPERATIONS 1) Recommendation to approve and authorize an Access and Confidentiality Agreement between Collier County and NCH Healthcare System, Inc., to allow EMS to obtain access to patient outcomes from Naples Community Hospital utilizing the EpicCare Link Software System. 2) Recommendation to approve the administrative report prepared by the Procurement Services Division for disposal of property that is no longer viable, was traded in, or damaged beyond repair during Hurricane Ian, and the removal of the property from the County’s capital asset records. 3) Recommendation to authorize expenditures under a sole-source waiver for a period of five years, in an amount not to exceed $100,000 per Fiscal Year, to obtain Original Equipment Manufacturer (“OEM”) parts and services from Menzi USA Sales, Inc., necessary to maintain County-owned Menzi Muck Walking Excavators. F. COUNTY MANAGER OPERATIONS 1) Recommendation to approve and authorize the Chairman to sign a Mutual Release providing for final payment to Sports Fields, Inc., in the amount of $28,465.12 for actual substantiated services it rendered under Agreement No. 18-7404 concerning Collier County Sports Complex Marketing and Support for the Paradise Coast Sports Complex. 2) Recommendation to approve a Second Amendment to Vacant Land Contract between Collier County and David Lawrence Mental Health Center, Inc., that extends the approval period one year - due to an unexpected delay in finalizing the rezoning of the underlying property - the time to obtain the necessary site development plans. 3) Recommendation to approve administrative Change Order No. 8 providing for a 99-day time extension with zero financial impact under Agreement No. 16-6622 with Q Grady Minor and Associates, P.A., for the engineering and design services associated with the construction of Big Corkscrew Island Regional Park due to delays Page 12 May 9, 2023 experienced by the general contractor’s material availability and manpower shortages, and authorize the Chairman to sign the attached change order. (Project #80039) 4) Recommendation to approve Change Order No. 4 in the amount of $48,317.76, under Construction Agreement No. 21-7899 with Haskins, Inc., for the Hamilton Avenue Improvements project that memorializes additional repair work initiated during the Hurricane Ian state of emergency, which the Board previously authorized payment for at its March 28, 2023, meeting. (Project #50171.1.3) 5) Recommendation to approve a First Amendment for Sale and Purchase Agreement with: (1) Henrietta Arnay, (2) Charles E. Bailey, (3) Lois Behnke, (4) D & J Investors, (5) David Joyce for properties on the Cycle 10 Approved Acquisition list for the Conservation Collier Land Acquisition Program. 6) Recommendation to adopt a Resolution approving amendments (appropriating grants, donations, contributions, or insurance proceeds) to the Fiscal Year 2022-23 Adopted Budget. (The budget amendments in the attached Resolution have been reviewed and approved by the Board of County Commissioners via separate Executive Summaries.) G. AIRPORT AUTHORITY H. BOARD OF COUNTY COMMISSIONERS I. MISCELLANEOUS CORRESPONDENCE 1) May 9, 2023, Miscellaneous Correspondence J. OTHER CONSTITUTIONAL OFFICERS 1) Report to the Board regarding the investment of County funds as of the quarter ended March 31, 2023. 2) To record in the minutes of the Board of County Commissioners, the check number (or other payment method), amount, payee, and purpose for which the referenced disbursements were drawn for the periods between April 13, 2023, and April 26, 2023, pursuant to Florida Statute 136.06. Page 13 May 9, 2023 3) Request that the Board approve and determine valid public purpose for invoices payable and purchasing card transactions as of May 03, 2023. 4) Recommendation to approve First Amendment for Professional Services Agreement No. 21-7936, “Professional Services for SAP S/4 HANA Implementation” with Phoenix Business, Inc., d/b/a Phoenix Business Consulting for tasks related to SAP Success Factors Employee Central and Workforce Time Management in the amount of $1,768,251.00 (Project #50017). K. COUNTY ATTORNEY 1) Recommendation to approve a Stipulated Final Judgment in the total amount of $125,000 plus $15,048 in statutory attorney fees for the taking of Parcels 274RDUEand 274TDRE required for the Vanderbilt Beach Road Extension Project #60168. 2) Recommendation to approve the litigation settlement between Collier County and Kendall Perrine LLC and recommendation to approve the acceptance of $12,000 from Kendall Perrine LLC in exchange for a release of lien with a value of $97,309.70, in the code enforcement action entitled Board of County Commissioners v. Kendall Perrine LLC of Collier County, Case No. CES20210012676. ------------------------------------------------------------------------------------------------------------ 17. Summary Agenda - This section is for advertised public hearings and must meet the following criteria: 1) a recommendation for approval from staff; 2) unanimous recommendation for approval by the collier county planning commission or other authorizing agencies of all members present and voting; 3) no written or oral objections to the item received by staff, the collier county planning commission, other authorizing agencies or the board, prior to the commencement of the bcc meeting on which the items are scheduled to be heard; and 4) no individuals are registered to speak in opposition to the item. For those items which are quasi-judicial in nature, all participants must be sworn in. ----------------------------------------------------------------------------------------------------------------------------------------- A. This item requires Ex Parte disclosure to be provided by the Commission members. Recommendation to approve an ordinance rezoning Page 14 May 9, 2023 a Residential Single-Family-3 (RSF-3) lot to Residential Multi-Family-6 (RMF-6) in Golden Gate City to allow up to 2 multifamily dwelling units on 0.29± acres of property located at 5196 23rd Ct SW, Naples, Florida, on Lot 1, Block 198, Golden Gate Unit 6, in Section 21, Township 49 South, Range 26 East, Collier County, Florida. [PL20210001906] B. This item requires that Ex Parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve Petition VAC- PL20220003566, to disclaim, renounce, and vacate the County and the public interest in the10-foot public utility easement located along the border between Lots 1 & 2 and Lots 3, 4, & 5, Block 11, of Bonita Shores, Unit No. 2, as recorded in Plat Book 3, Page 43, of the Public Records of Collier County, Florida, located in the southwest quadrant of 6th Street and Vanderbilt Drive, in Section 5, Township 48 South, Range 25 East, Collier County, Florida. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD’S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER’S OFFICE AT 252- 8383. May 9, 2023 Page 2 MS. PATTERSON: Chair, you have a live mic. CHAIRMAN LoCASTRO: Good morning, everyone. Good morning. Good morning, everyone. AUDIENCE MEMBERS: Good morning. CHAIRMAN LoCASTRO: Welcome to Class Reunion Day. Right? Right? You only do this once every hundred years, so we're going to make the best of it. It's also Take Your Former Elected Official to Work Day. So, Commissioner Solis, Commissioner Fiala, come up here. We're going to do a swap. It looks easier from those seats, right? Listen, this is -- we are so thrilled to have everybody in here. I mean, as you look across this room, this really is a who's who of Collier County but, more importantly, you're here representing so many people. And I don't want to pick, you know, specific people out of the audience but, obviously, look around. You've got, you know, every former commissioner that goes back -- not 100 years, not 100 years, except for Commissioner McDaniel. He's about -- he's about 98. But, you know, you've got Mike Wynn here, who's representing so many incredible employees who stepped forward during the hurricane. You've got the Chamber represented by Michael Dalby. I mean, you know, I could just go on and on. Stock Development's here in the house with, you know, all their leadership team sitting there, Claudine and -- I mean, you know, as -- we normally don't get this kind of crowd. So we've got a lot of great things to read, and we want to celebrate Collier County. There's incredible artwork in the back that talks about our history. So having said that, like we always do -- first of all, please shut off your cell phones. We don't need to hear the Rocky theme, you May 9, 2023 Page 3 know, if your grandma calls or something like that, you know, which we often do. But is our -- is our pastor here? Yes. Okay. So let's start with the prayer. And then the Pledge of Allegiance today -- you hardly ever hear her voice. Terri Lewis, who is the most dedicated employee, she -- we speak too fast. She types even faster. She is going to lead us in the Pledge right after the prayer. Item #1 INVOCATION AND PLEDGE OF ALLEGIANCE BY REVEREND KIRT ANDERSON FROM NAPLES COMMUNITY CHURCH – INVOCATION GIVEN REVEREND ANDERSON: It's an exciting day. So happy to be here. Let's pray together. Our Father, just a century ago, chickens wandered the free streets of this little fishing village, and hard-working, humble people did what they could to carve out a niche in this often hostile environment. They labored long toward a vision of community where people could be free, prosperous, and glad. A hundred years later, we acknowledged their faithfulness as every endeavor to build upon their legacy. We celebrate what they have done knowing that we have a tough act to follow. Like those who've gone before us, we want to build community where our citizens can wander free without fear for themselves or their children, where there's room for the prosperous and the poor to pursue happiness, and where ancient values of mutual respect and cooperation will persist to proliferate freedom. We resolve to continue fashioning this community as a beacon of hope and freedom to a nation where the lamp of liberty may have May 9, 2023 Page 4 flickered or gone out. We join this effort together continuing in your strength as we pray in the name of your incarnate love, amen. CHAIRMAN LoCASTRO: Ms. Lewis. (The Pledge of Allegiance was recited in unison.) CHAIRMAN LoCASTRO: That sounded good. That sounded robust. Did you feel it? Are you feeling it? All right. Okay. Ms. Patterson, I know we've got some official business, and then we get to the good stuff, the fun stuff. Item #2A APPROVE OF TODAY’S REGULAR, CONSENT AND SUMMARY AGENDA AS AMENDED (EX PARTE DISCLOSURE PROVIDED BY COMMISSION MEMBERS FOR CONSENT AGENDA.) – MOTION TO APPROVE BY COMMISSIONER SAUNDERS; SECONDED BY COMMISSIONER LOCASTRO – APPROVED AND/OR ADOPTED W/CHANGES MS. PATTERSON: Yes, sir. We're going to start with the approval of today's regular, consent, and summary agenda as amended. I'm going to read the changes into the record. First, move Item 16A18 to 11C. This a recommendation to approve an economic development agreement with PFPI OZ, LLC, Pikus, for the proposed project "CENTRO" for the reimbursement of up to $788,878.56 in actual expenditures for sanitary sewer, drainage, impact fees, and building permits for constructing a mixed-use development headquarters in the Golden Gate City Economic Development Zone finding that this applicant is a target business qualifying for the incentives set forth in the GGEDZ ordinance. This is being moved to the regular agenda at Commissioner Saunders' May 9, 2023 Page 5 request. Move Item 16A13 to 11D, to be heard no sooner than 1:00 p.m. This is a recommendation to approve the payment of $1,650 to the River Oaks Homeowners Association for five years of unpaid assessments for Lot 44, Block A of Palm River Estates, Unit No. 7, according to the plat thereof recorded in Plat Book 12, Pages 28 through 30, public records of Collier County, Florida. This is being moved at Commissioner McDaniel's request. Move Item 16F2 to 11E. This is a recommendation to approve a second amendment to Vacant Land Contract between Collier County and David Lawrence Mental Health Center, Inc., that extends the approval period one year -- due to an unexpected delay in finalizing the rezoning of the underlying property -- the time to obtain the necessary Site Development Plans. This is being moved at Commissioner McDaniel's request. We have several time-certain items. Item 11A to be heard immediately following 5A. This is a recommendation to approve the County Manager's implementation of one additional personal leave day for all county employees. Item 13A to be heard at 11:00 a.m. This is a presentation of the Annual Comprehensive Financial Report for the fiscal year ended September 30th, 2022. Item 11B to be heard no sooner than 1:00 p.m. This is a recommendation to accept the after-action report for the 2023 Florida legislative session and provide guidance as preliminary planning begins for the next legislative cycle, and as formerly -- as previously stated, Item 11D, formerly 16A13, to be heard no sooner than 1:00 p.m. This is a recommendation to approve the payment of $1,650 to the River Oaks Homeowners Association. And we will have court reporter breaks scheduled for 10:30 and 2:50. May 9, 2023 Page 6 With that, County Attorney? MR. KLATZKOW: Thank you, County Manager. Nothing. MS. PATTERSON: Commissioners. CHAIRMAN LoCASTRO: Okay. Do I have any changes to the agenda or any ex parte on the summary or consent? COMMISSIONER KOWAL: No, sir, no changes and no ex partes on the summary. COMMISSIONER SAUNDERS: Mr. Chairman, I have no changes and no disclosure as well. CHAIRMAN LoCASTRO: Okay. Commissioner Hall? COMMISSIONER HALL: No disclosures at all. CHAIRMAN LoCASTRO: Okay. Commissioner McDaniel? COMMISSIONER McDANIEL: No changes or disclosures. CHAIRMAN LoCASTRO: Okay. Same for me; no changes, no disclosures. So motion to accept -- COMMISSIONER McDANIEL: So moved. CHAIRMAN LoCASTRO: -- as stated. Okay. So moved. Second. All in favor? COMMISSIONER HALL: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN LoCASTRO: Aye. COMMISSIONER KOWAL: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN LoCASTRO: Next. MS. PATTERSON: Commissioners, before we move on to our proclamations, we do have singers here for the National Anthem. CHAIRMAN LoCASTRO: Oh. MR. MILLER: Amy, if I might. This information didn't get to you. Here to sing our National Anthem, Jillian Lorlano and Marcella Brown from Avow Hospice. May 9, 2023 Page 7 CHAIRMAN LoCASTRO: Excellent. (The National Anthem was sung.) (Applause.) CHAIRMAN LoCASTRO: Thank you, ladies. Thank you for what you do at Avow Hospice. MS. LORLANO: Thank you. MS. BROWN: Thank you. CHAIRMAN LoCASTRO: Very, very much appreciate and respected. MS. PATTERSON: Chair, at your pleasure, let's go to the proclamations, and we'll approve the minutes when we're done with our Centennial celebration. CHAIRMAN LoCASTRO: Okay. I'm going to get off script a little bit because you've got so many, you know, honorable and respected people in the audience here. So I'm going to read a proclamation as the Chair, and it's on behalf of everybody up here, but I would say even more importantly it's also on behalf of those commissioners and those senior leaders that have served, so -- and I think we almost have 100 percent attendance here. So before I read this proclamation honoring the 100th Centennial of Collier County, let's recognize people that sat up here. They know how tough this job can be. It's not always a bed of roses, and they served with honor and distinction. And I'm going to start right at the top with Commissioner Donna Fiala. Please stand, ma'am. (Applause.) CHAIRMAN LoCASTRO: Ma'am, you have three minutes at the podium. No, I'm just kidding. We have -- also Commissioner Patricia Goodnight is here. Please stand. May 9, 2023 Page 8 (Applause.) CHAIRMAN LoCASTRO: If at any time you would like to switch places and take -- we've got a pretty tough agenda, so you might not want to pick it. You might [sic] want to pick it. Commissioner Penny Taylor, please stand. (Applause.) CHAIRMAN LoCASTRO: Commissioner Andy Solis. Where's Andy? (Applause.) CHAIRMAN LoCASTRO: Commissioner Fred Coyle. (Applause.) CHAIRMAN LoCASTRO: You know, Fred, I really respect that -- you and Donna, front row, first seat, you know, right there, right in the front, you know. Awesome. Commissioner Tom Henning. (Applause.) CHAIRMAN LoCASTRO: I don't know if Commissioner Georgia Hiller made it, if she snuck in on the back but, you know, we honor her service as well, if she wasn't able to be here. We also have former County Manager Leo Ochs. (Applause.) CHAIRMAN LoCASTRO: I know Leo doesn't want to switch places with Amy. He's enjoying retirement, right? MR. OACHS: I'm fine here, sir. CHAIRMAN LoCASTRO: Tell us, what's retirement like, huh? MR. OCHS: Fantastic. CHAIRMAN LoCASTRO: It's awesome, isn't it? Neil Dorrill is here. (Applause.) CHAIRMAN LoCASTRO: Right there in the back. May 9, 2023 Page 9 And I know we have so many business leaders, and we're going to get to all that. So let's start. I'll read the proclamation. And as I said, I'm reading this on behalf of all of us and all of those who stood as well. SEE REVERSE SIDE  Proposed Agenda Changes Board of County Commissioners Meeting May 9, 2023 Move Item 16A18 to 11C: Recommendation to approve an Economic Development Agreement with PFPI OZ,  LLC, (Pikus) for the proposed project “CENTRO” for reimbursement of up to $788,878.56 in actual expenditures  for sanitary sewer, drainage, impact fees, and building permits for constructing a mixed‐use development  headquarters in the Golden Gate City Economic Development Zone (GGEDZ) finding that this applicant is a target  business qualifying for the incentives set forth in the GGEDZ Ordinance. (Commissioner Saunders’ Requests) Move Item 16A13 to 11D to be heard no sooner than 1:00 PM: Recommendation to approve the payment of  $1,650 to the River Oaks Homeowners’ Association (“HOA”) for five years of unpaid assessments for Lot 44, Block  A of Palm River Estates, Unit No. 7, according to the Plat thereof recorded in Plat Book 12, pages 28 through 30,  Public Records of Collier County, Florida (Commissioner McDaniel’s Requests) Move Item 16F2 to 11E: Recommendation to approve a Second Amendment to Vacant Land Contract between  Collier County and David Lawrence Mental Health Center, Inc., that extends the approval period one year ‐ due to  an unexpected delay in finalizing the rezoning of the underlying property ‐ the time to obtain the necessary site  development plans. (Commissioner McDaniel’s Requests) Notes: TIME CERTAIN ITEMS: Item 11A to be heard immediately following 5A: Recommendation to approve the County Manager’s implementation of one additional personal leave day for all County employees. Item 13A to be heard at 11:00 AM: Presentation of the Annual Comprehensive Financial Report for the fiscal year ended September 30, 2022. Item 11B to be heard no sooner than 1:00 PM: Recommendation to accept the after-action report for the 2023 Florida legislative session and provide guidance as preliminary planning begins for the next legislative cycle. Item 11D formerly 16A13 to be heard no sooner than 1:00 PM: Recommendation to approve the payment of $1,650 to the River Oaks Homeowners’ Association. 5/24/2023 1:53 PM May 9, 2023 Page 10 Item #4A PROCLAMATIONS CELEBRATING THE COLLIER COUNTY CENTENNIAL – MOTION TO APPROVE BY COMMISSIONER SAUNDERS; SECONDED BY COMMISSIONER HALL – ADOPTED CHAIRMAN LoCASTRO: The proclamation says: Whereas, 100 years ago yesterday Florida Governor Cary Hardee created Collier County by signing a bill establishing it as the 62nd county in the State of Florida; and, Whereas, as Collier County celebrates its Centennial and reflects on the importance of this milestone, we honor our founding families for their vision, entrepreneurship, and pioneering spirit; and, Whereas, since 1923, Collier County has built a strong and stable foundation where individuals, families, and businesses can thrive, managed progress and economic development responsibly and created and maintained "best in class" programs and services for residents and visitors; and, Whereas, over the past century, Collier County has evolved into a world-class destination known for its stunning coastal scenery, white sandy beaches, the Everglades, and a sought-after quality of life often called "paradise" by its almost 400,000 permanent residents; and, Whereas, the collaborative efforts of the Collier County constitutional officers, Sheriff, Supervisor of Elections, Clerk of the Circuit Court and Comptroller, Property Appraiser, and Tax Collector, have been instrumental in the successful development of our county through their dedication and professional expertise; and, Whereas, throughout this Centennial year we celebrate remarkable achievements from the past century, including the May 9, 2023 Page 11 completion of the Tamiami Trail, responsible management of our natural resources, a sound economy, and our collective ability to overcome challenges, including the Great Depression, recessions, hurricanes, and pandemics with demonstrated resiliency and strength. Now, therefore, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that, as we celebrate our Centennial, we declare the first 100 years of Collier County to be an exceptional success and express confidence and continued excellence in the century ahead. Done and ordered this day, May 9th, 2023, on behalf of all of us and all of you. There we go. (Applause.) CHAIRMAN LoCASTRO: Now, all of you that are retired but you suffered up here or over there (indicating), please come forward and fill in. Donna, Andy, Penny, Leo, get up here. And if I missed a name out there, I apologize, but we'd like to get a picture with all of the -- MS. PATTERSON: Chair, we're going to -- you and I are going to come unveil that really quickly. We're also going to invite up the constitutional officers and members of the historical societies. CHAIRMAN LoCASTRO: While they're standing here, Maria, just grab a shot here, too. You can't have too many pictures, right? You can't, right? There you go. We'll get to that. There you go. Come on up. Come on up. Right up here. Let's get the elected officials. We're going to do the constitutionals afterwards. Thank you. All right. (Applause.) CHAIRMAN LoCASTRO: Plenty more pictures coming. (Applause.) MS. PATTERSON: Now if we could have the constitutional officers please come up, and the historians, and all the representatives May 9, 2023 Page 12 from the historically societies and others, come on forward, and we'll get a picture. CHAIRMAN LoCASTRO: Rob, get on Abe's shoulders, okay. Item #4B CENTENNIAL RECOGNITION OF THE COLLIER COUNTY BUSINESS AND TOURISM COMMUNITY - MOTION TO ADOPT BY COMMISSIONER SAUNDERS; SECONDED BY COMMISSIONER HALL – ADOPTED MS. PATTERSON: Item 4B is the Centennial recognition of the Collier County business and tourism community. Whereas, on May 8th, 1923, the Florida State Legislature portioned Lee County to create Collier County, Florida's 62nd county; and, Whereas, it was the vision of a local businessman, Barron Gift Collier, that introduced paved roads, electric powers, telegraphs, and new businesses to the area and, with the completion of the Tamiami Trail in 1928, unlocked the county potential as a significant agricultural producer, real estate market, and tourist destination; and, Whereas, as businesses and the tourism industry have established in our area and grown over the last century, they have fueled our economic health and have helped to provide the county the ability to facilitate programs and services that reach all communities in our region; and, Whereas, Collier County welcomed 1.63 million visitors, generating over $2.8 billion of economic impact for Collier County in 2022, creating economic prosperity and enhanced quality of life for the residents and guests of Collier County; and, Whereas, jobs created by small and large businesses, both May 9, 2023 Page 13 for-profit and non-profit, positively impact the quality of life for our residents and visitors; and, Whereas, during the celebration of our Centennial, it is the pleasure of the Board of County Commissioners to recognize the accomplishments of our business community, our hospitality industry, our entrepreneurs, our minority- and women-owned businesses, our non-profits, and our major employers; Now, therefore, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that, as we celebrate our Centennial, great appreciation is conveyed to the business and tourism community of Collier County whose economic contributions and generous community support make this a prosperous paradise for all of our residents and guests. Done and ordered this 9th day of May 2023. Let's have our business community and our tourism industry representatives please come up for a picture. Thank you. (Applause.) MS. PATTERSON: Chair, while they're all moving to their seats, we do have a representative from the business community and from the tourism community to speak after your -- after your comments. CHAIRMAN LoCASTRO: I was going to recognize Garrett, but he's leaving, so that's all right. Sir, the floor is yours. MR. BEIRNES: Good morning. For the record, Paul Beirnes, tourism director for Collier County. And I want to say thank you extremely much for this proclamation and the acknowledgment of the importance of tourism commerce here in Collier County. It definitely is very, very fitting this particular week because May 7th through 13th is also designated as National Travel and May 9, 2023 Page 14 Tourism Week, designated in 1983, celebrating travels' essential role in stimulating economic growth, cultivating vibrant communities, creating quality job opportunities, and inspiring new businesses and elevating the quality of life for all communities. None of this could have been done without the incredible talent within the tourism industry; definitely within the CVB; our Tourist Development Council, many members are here; without the support of our esteemed leaders here on the bench and over the last 100 years within the Board of County Commissioners; and especially the 35,000 people who rely on tourism for their careers here in Collier County. Thank you very much. I appreciate this. (Applause.) CHAIRMAN LoCASTRO: Thank you, Paul. MS. SCHMELZLE: Hello. Good morning. My name Julie Schmelzle, and, wow, 100 years. The significance of that I wasn't quite prepared for as I was driving here. It's both daunting and exhilarating for me. I represent -- I am the volunteer chair of the Greater Naples Chamber board of directors. And this group, many of whom were here today, represents about the last 25 years of the Chamber's leadership. These individuals represent our team, presidents and CEOs of businesses, board members, and board chairmen, spanning the most recent years of our 75-year existence. The word "greater" in our name denotes that we cover all of Collier County, and the Greater Naples Chamber has been a key partner with the Board of County Commissioners over those many years from working to find solutions for affordable and attainable housing needs to economic recovery in the name of Opportunity Naples, a strategic plan joined between the Board of County Commissioners and the Greater Naples Chamber; rolls in funding for I-75 and other transportation May 9, 2023 Page 15 improvements; to providing community leadership in training; and, most recently, successful advocating for voter approval of the penny infrastructure sales surtax. The Chamber and its members are committing to building a great economy for our county and sustaining our county's outstanding quality of place as we're known. Thank you, Commissioners, and all before us for working with us as we look forward to continuing to work with you in the next 100 years. Thank you. Congratulations, everybody. (Applause.) CHAIRMAN LoCASTRO: You know, as I said at the start, this is not only a who's who of elected officials but also of our business and community tourism leaders. I wanted to recognize somebody else, but -- this is a superstar and an icon and a community leader not only in Tallahassee but here locally, but -- Senator Garrett Richter, but he's smart enough to do the photo op and then immediately sneak out the door. But if you caught him in the back, you know, he knows how to do it; he knows how to do it. But I think everybody knows just what an amazing icon he was up in Tallahassee, and he continues to perform here locally in the community. So, Senator Richter, sorry you snuck out -- unless he's out there smoking a cigarette or something. Can somebody check? No. But we wanted to recognize his attendance here today as well. So thank you, sir. Ms. Patterson, over to you. Item #4C CENTENNIAL RECOGNITION OF COUNTY COMMISSIONERS May 9, 2023 Page 16 AND COUNTY MANAGERS WHO HAVE SERVED COLLIER COUNTY - MOTION TO ADOPT BY COMMISSIONER SAUNDERS; SECONDED BY COMMISSIONER HALL – ADOPTED MS. PATTERSON: Okay. Commissioners, we're moving on to Item 4C. It's a Centennial recognition of county commissioners and county managers who have served Collier County. Whereas, on May 8th, 1923, the Florida Legislature portioned Lee County to create Collier County Florida's 62nd county; and, Whereas, counties represent the oldest form of local government and serve the individual needs of regions within a state by solving local problems with local solutions; and, Whereas, since their first meeting on July 7th, 1923, at the Rod & Gun Club in the Town of Everglades, the Board of County Commissioners has served as the governing body of the county and is responsible for setting policies that protect the health, safety, welfare, and quality of life of our residents and visitors; and, Whereas, one of the most important decisions the Board of County Commissioners makes is the selection of a county manager to implement board policies and to oversee the county's daily operations; and, Whereas, as of the Collier County Centennial, since 70 citizens have served as a county commissioner in Collier County; and, Whereas, including our first female county manager currently serving, the Board as of the Collier County Centennial, 11 county managers have served as the chief administrator for the Board of County Commissioners; and, Whereas, via their collective service to our community, county managers have helped to make Collier County one of the most desirable places to live, work, and play in the United States. May 9, 2023 Page 17 Now, therefore, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that, as we celebrate our Centennial, great appreciation is conveyed to the county commissioners and county managers that have served our community in creating and implementing policies of the Board of County Commissioners who have dutifully executed their responsibilities and have helped to provide programs and services over the last century that have made our county a destination for all who wish to visit or reside in paradise. Done and ordered this 9th day of May 2023. We'd like to invite the county commissioners and county managers that are still here up for another photo and a copy of the proclamation. CHAIRMAN LoCASTRO: Everybody get their copy? All right. Thank you. (Applause.) MS. PATTERSON: We're actually going to receive, ourselves, two proclamations. One that I'm going to read first from the chief financial officer and then the second that you're going to read. CHAIRMAN LoCASTRO: Okay. MS. PATTERSON: And then after that, before we move on to our presentation, we are going to have Mr. Mullins or his staff just tell the audience about the Centennial seal. CHAIRMAN LoCASTRO: Great. MS. PATTERSON: Okay. Are you going to go now? Go ahead. It's good. Let's go now. MR. MULLINS: For the record, John Mullins, your Director of Communications, Government, and Public Affairs. And some questions were asked about the county seal and how it came to be for the Centennial. Luckily, I have the pleasure of leading a very talented and creative staff. And one of those staff May 9, 2023 Page 18 members is right behind me, Santiago Arenas, who actually designed the Centennial emblem that you have before you today, which was affixed to City Hall in Everglades City yesterday and will be affixed to Building F today out front. And I want Santiago to come up and explain his design to you so he can get what credit is due for his talent and creativity. Santiago. MR. ARENAS: Thank you, sir. Good morning. Well, the Centennial seal came about because on the 50th year of the Collier County Jubilee, a seal was created. The Communications Department met with the museums -- with the Collier County museums, and we set to create an emblem that pretty much mirrored the jubilee, adding some new designs and taking some from the past. Collier County on the top, the three stars that pretty much represent the municipalities here in Collier County. Then we have the icons that represent the first seat over at Everglades City. Our fishermen's villages are pretty much the root of Collier County. We have -- in conjunction with the Seminal tribe, we recreated a canoe with two people on it. That was on the jubilee seal as well. And the one -- the one part of the county commissioner seal that represents everyone, which is the wild turkey, along with the word "Centennial" and one of -- and Collier County pier, which is known by many, along with 1923 -- or 1923 to 2023 to represent the 100 years that Collier County has been established. Thank you. CHAIRMAN LoCASTRO: Excellent. Great job. (Applause.) MS. PATTERSON: We're in receipt of a proclamation from Chief Financial Officer Jim Patronis of the State of Florida. I'm going to read this in, and they've also provided us this really nice May 9, 2023 Page 19 proclamation. Whereas, on May 8th, 1923, in Tallahassee, Florida, the Florida State Legislature portioned Lee County to create Collier County, Florida's 62nd county; and, Whereas, the earliest residents were Paleoindians -- oh, of course -- who occupied modern-day Collier County over some 10,000 years ago living amongst Ice Age fauna, such as the mammoths and saber-tooth tigers; and, Whereas, the Seminoles of North Florida migrated their way to modern-day Collier County in the early 1800s, hunting and living in the cypress swamps of the south; and, Whereas, the first permanent settlement began in the 1870s in towns and communities that would later become Everglades City, Marco Island, Immokalee, and Naples; and, Whereas, Collier County gets its name from Barron Gift Collier, an advertising magnet from Tennessee, who became captivated by the land's beauty, resources, and tourism potential; and, Whereas, today Collier County encompasses 2,305 square miles of land, making it the second largest county by size in the State of Florida as well as bigger than both the states of Rhode Island and Delaware. Now, therefore, be it resolved that the chief financial officer and state fire marshal of the State of Florida does hereby recognize Collier County's 100th Anniversary and celebrates the rich history and accomplishments of this noteworthy Florida landmark that is Collier County in testimony whereof the chief financial officer of the State of Florida has hereunto subscribed his name on the 8th day of May 2023. CHAIRMAN LoCASTRO: Excellent. All right. (Applause.) COMMISSIONER SAUNDERS: Mr. Chairman, I thought it May 9, 2023 Page 20 was interesting that the legislature took the best part of Lee County and created Collier County. So I just thought that was an interesting fact. CHAIRMAN LoCASTRO: Boy, that's going to be in the paper tomorrow. That's Saunders, S-a-u-n-d-e -- District 3. And last, but certainly not least, you know, Senator Passidomo is just a huge fan of ours here in the county. We all got to meet with her a couple months ago, all five of us, and, you know, we just couldn't be more proud to -- all of us, to serve with her and to watch her really ensure that, you know, Collier County is a priority, as well as every other county in the state. But it's nice that we have a personal relationship with her, and -- so very fortunate. And, you know, I guess when you're senator, a little fancier frame, a little nicer. You know, although ours aren't bad either. But I'm going to read a proclamation. A Florida senator's proclamation, a tribute recognizing the Centennial anniversary of the founding of Collier County. Whereas, the area that would become Collier County was settled for thousands of years before the creation of first towns in the middle 1800s; and, Whereas, Barron Collier first visited Southwest Florida in 1911 and began to purchase property in the area throughout the 1910s, and 1920s; and, Whereas, Barron Collier offered to assist with the funding of the construction of Tamiami Trail in exchange for the formation of a new county in Southwest Florida; and, Whereas, by an act of the Florida Legislature, Chapter 9362, Laws of Florida, in 1923, as signed by Governor Cary A. Hardee on May 8th, 1923, Collier County was created in Florida. Now, therefore, I, Kathleen C. Passidomo, President of the Senate of the State of Florida, do hereby proclaim that May 8th, May 9, 2023 Page 21 2023, be recognized as the Centennial anniversary of the creation and founding of Collier County in the State of Florida. Signed, Kathleen Passidomo, President of the Florida Senate, Florida State Senator, District 28. (Applause.) CHAIRMAN LoCASTRO: Take a group shot and send it to her. MS. PATTERSON: Chair, would you like to, while you're all standing, take a picture with CFO Patronis' proclamation as well, the one that is with the ribbons on it? CHAIRMAN LoCASTRO: Yes. MS. PATTERSON: And before you sit down, you should have two framed copies behind you. One for the representatives of the tourism and one for representatives of the business community, and they will be coming up to receive those from you. CHAIRMAN LoCASTRO: Okay. These are identical or -- MS. PATTERSON: Yes. CHAIRMAN LoCASTRO: Right, these are identical? Okay. Thanks very much. Okay. We're done for the day. See you in two weeks. MS. PATTERSON: Commissioners, if we could get a motion to accept the proclamations. CHAIRMAN LoCASTRO: Motion to accept. COMMISSIONER HALL: Second. COMMISSIONER SAUNDERS: So moved. CHAIRMAN LoCASTRO: Okay. Moved, seconded. All in favor? COMMISSIONER HALL: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN LoCASTRO: Aye. COMMISSIONER KOWAL: Aye. May 9, 2023 Page 22 COMMISSIONER SAUNDERS: Aye. CHAIRMAN LoCASTRO: Opposed? (No response.) CHAIRMAN LoCASTRO: It passes unanimously. Item #5A CELEBRATING 100 YEARS OF COLLIER COUNTY AND ITS MANY COMMUNITIES – PRESENTED MS. PATTERSON: Thank you. That moves us to Item 5A, presentations. COMMISSIONER SAUNDERS: We still have a -- I'm not sure, did we approve the consent agenda and -- CHAIRMAN LoCASTRO: Yeah, we did. MS. PATTERSON: Did we get a motion? COMMISSIONER SAUNDERS: I didn't know we had a motion to do that. MS. PATTERSON: We'll double-check and make sure we don't have to swing back on that. Did we not? CHAIRMAN LoCASTRO: I think we did. COMMISSIONER McDANIEL: We did. MS. PATTERSON: Okay. I've lost track with all the festivities. Okay. Item 5A is celebrating 100 years of Collier County and its many communities, and Ms. Amanda Townsend, your museum director, is here to present. If you direct your attention to the back of the room. MS. TOWNSEND: Good morning, Commissioners. Amanda Townsend, director of the Collier County Museums. It's kind of interesting to be presenting to you from the back of May 9, 2023 Page 23 the room, but I wanted to take a moment on the -- at the time of our Centennial to recognize what an excellent job Collier County has done in recognizing and preserving our history. It's 100 years of this county. And our pre-Columbian history is really kind of short, right? If you're from New England or if you're from Europe, then you sort of look at Collier County and go, 100 years, that's nothing. But if you think about what an amazing job we've done at preserving our history so far, then you can imagine what, in several more hundred or a thousand years, that's going to be like. And it's -- you saw all those people standing up before you this morning. And our commitment to our history is truly amazing. And we have five free county museums that recognize the history in our many communities, and none of those came from any of those commissioners or any previous museum director or even any commissioner. Every one of our museums came to the Board of County Commissioners as a citizen initiative because the people of Collier County value their history and want to see it preserved, and in each time the Board stepped up and made the commitment to that preservation. And we absolutely thank the citizens for their faith in us and the Board for their support in us. It's absolutely an honor. I also want to take just a moment to recognize the 19 members of the Collier County Museum division staff. They can't all be here because they're sitting at our greeting desks, you know, welcoming other people and sharing that history. But they do a great job every single day. We were really honored to be able to put together an exhibit for the chambers, and I'll walk you real quickly through a little bit. We often think of Naples as the -- as synonymous with Collier County, but the fact of the matter is is that there are many communities. We're 2,305 square miles, as has been mentioned before, the second May 9, 2023 Page 24 largest county in Florida, and so there are these small communities that it's important that we remember. Copeland was created as -- really as a logging town. Chokoloskee is an island south of Everglades City, has a great history starting as a -- really as a truck-farming community but more like a boat-farming community, right? And one of my favorite little tidbits about Chokoloskee is that the postal service rejected that name originally, and so the first town name of Chokoloskee was "Comfort." And in 1891, there may not have been a whole lot of comfort on the edge of the swamp, but it's a nice little tongue-and-cheek reminder of what some of our pioneers have been through. Ochopee started as a tomato farming community, famous now for the smallest post office in the United States, which was once, in fact, an irrigation shed. And Everglades City, of course, is the birthday -- birthplace of Collier County. I really appreciate those of you who were able to take the time and celebrate that with us yesterday for our Centennial commemoration there. Beautiful, rich history, as many have spoken today and yesterday about the vision of Barron Collier and how that was expressed in Everglades City, and we certainly appreciate their support and partnership in celebrating our history. I should mention, of course, that if you'd like to learn more about Everglades City history, you should visit our museum of the Everglades, which is the former commercial laundry building there in town. Immokalee is our agricultural community. It's our biggest non-coastal community. It really started with traders and fur trappers and grew to be our agricultural hub for cowmen and then, of course, later -- later farming, and has grown into what I think is the most dynamic multicultural and harmonious community with the May 9, 2023 Page 25 most amazing hometown pride that I have ever seen. And if you haven't spent any time in Immokalee, I recommend you do, and one of the places you can spend that time, of course, is at our Immokalee Pioneer Museum at Robert's Ranch. And I said earlier that Naples is somewhat simultaneous -- or synonymous, excuse me, with Collier County, and there's a reason for that. It truly is a gem. It was really conceived as a vacation destination from day one, from 1887, and struggled to grow until the Orange Blossom Special arrived in 1927. And then with the coming of the army airfield in Mid-Century, of course, the word was out, and the population has been exploding, and that -- and Naples has been really glittering as one of our jewels ever since. Our Naples Depot Museum is closed right now for hurricane recovery, but also another wonderful place to learn a little bit more about Naples' history is the Naples Historical Society's Palm Cottage, which is on 12th Street. And then we have Marco Island. I mentioned earlier that we don't have a terribly long history since Spanish contact, but, boy, we have an amazing, amazing history when you take pre-Columbian peoples into consideration. And there is nowhere better to learn about that than Marco Island, particularly at the Marco Island Historical Museum, which currently has on display the world famous pre-Columbian -- or excuse me -- Key Marco Cat, which is considered one of the most finest pre-Columbian artifacts ever discovered in North American. That will be on display through 2026. Isle of Capri and Goodland are sort of sister communities to Marco, and they each have their own unique feel and flair. Isles of Capri was developed by Doc Loach, and I loved reading some stories about how hard he had to fight for his community to get a road there May 9, 2023 Page 26 and including, at one point, suing the school district to assure bus service for the children of the Isles of Capri. And that community still fights hard for their little fishing village feel. As does Goodland. Really charming place and really is kind of quirky and is carved out of history for itself, kind of cropped up overnight when families from Caxambas were relocated there in 1949. And, again, they have their own mullet festival, Spammy Jammy, they even have their own unique dance call the Buzzard Lope. Really fun community. And then moving on to some of -- some of our newer communities. Golden Gate was once called a land scam, and now it is an absolute haven for people who want to get away from the urban life, who want a little more independence and want to be able to enjoy everything that Collier County has to offer in a more rural atmosphere. And then, of course, our newest community, Ave Maria, isn't even 20 years young yet but is showing what we can do with our new sort of advanced ways of developing land and, as well, just a beautiful Catholic church there and growing place for families, and as well as the university. So appreciate you taking just a moment to walk through a little bit of our history. It can only really scratch the surface here. We hope that you will join us at some of our museums and take a little deeper dive. This exhibit will be on display here through June, so hope you get the opportunity to take some time with it. And, again, it was an honor to be able to provide it. (Applause.) CHAIRMAN LoCASTRO: Thank you, ma'am. Item #2B May 9, 2023 Page 27 APRIL 11, 2023, BCC MEETING MINUTES MOTION TO APPROVE BY COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER KOWAL - APPROVED AS PRESENTED MS. PATTERSON: Commissioners, we're going to jump back to Item 2B, which is approval of the meeting minutes from April 11th, 2023. COMMISSIONER McDANIEL: Move for approval. CHAIRMAN LoCASTRO: I've got 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: It passes unanimously. That's what we forgot was to approve the minutes, not the consent. Okay. Good. We're on track now? MS. PATTERSON: You're all set. CHAIRMAN LoCASTRO: Too many proclamations. MS. PATTERSON: We just didn't want to approve those minutes in the middle of the flow with the National Anthem and the proclamations. So we've got it all taken care of. Item #7 PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE May 9, 2023 Page 28 CURRENT OR FUTURE AGENDA MS. PATTERSON: Item 7 is public comments on general topics not on the current or future agenda. MR. MILLER: We have one registered public comment, Dan Cook. MR. COOK: Good morning, Commissioners. That was a -- it's funny, when I first started coming to these meetings, I would maybe complain about all the proclamations and the stuff that goes on before the agenda items, and now I have much more of an appreciation for it. You know, I learned a lot of from the presentation here. I get to learn a little bit more about the county. And, just speaking from the heart, I really appreciate this county. I appreciate the work that you guys do. I appreciate being able to live in a community and a county that stands up for freedom, protects our liberties, protects this community. And I come to the podium today because, just as important as protecting our liberties and our local community, is I think the situation going on at our southern border right now warrants a conversation about protecting our country and protecting the actual border. You may or you may not see in the news right now that Title 42 is going to be expiring on Thursday and that there are tens and tens of thousands, possibly hundreds of thousands of immigrants waiting to come into the southern border right now. And the way that I read the Constitution, it's the President's job to secure our borders and to protect the states from invasion. I think the President is derelict in his duty right now. I don't think he's securing the border, as I would like him to do that. So then that begs the question, who's going to secure the border? Who's going to stand up for American sovereignty? May 9, 2023 Page 29 I don't necessarily have the answer to that, so I'm here just to express my concern and maybe ask the commissioners and ask you guys to possibly maybe write a letter to the Governor or lean on the Governor. I read in the paper last night that Governor Abbott of Texas has committed 10,000 National Guard troops to go down to the southern border to help the Border Patrol. I don't know if it's within Florida's purview to contribute to that, but if it is and if this is something that's of concern to you, I just wanted to express my request to possibly lean on the Governor to consider sending the Florida National Guard to contribute to that, because I think defending our southern border -- defending all of our border is something that affects all Americans, and I think it's worthwhile to reach out to the Governor, and especially if it came from you guys, because he's not answering my letters or emails. But in all seriousness, we all -- everybody here has sworn an oath to our constitution, sworn an oath to protect our liberty, so if you can do what you're able to in that regard, I would greatly appreciate it. Thank you, guys. MR. MILLER: And that was our only registered speaker for public comment. Item #11A THE COUNTY MANAGER’S IMPLEMENTATION OF ONE ADDITIONAL PERSONAL LEAVE DAY FOR ALL COUNTY EMPLOYEES UNDER THE DIRECTION OF THE BOARD INCLUDING THE COUNTY MANAGER’S AGENCY, COUNTY ATTORNEY’S OFFICE, AND BCC OFFICE STAFF TO BE USED MAY 10, 2023, THROUGH MAY 9, 2024, IN HONOR OF COLLIER COUNTY’S CENTENNIAL CELEBRATION – May 9, 2023 Page 30 MOTION TO APPROVE BY COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER HALL – APPROVED MS. PATTERSON: Commissioners, the last of our Centennial items is Item 11A. It's a recommendation to approve the County Manager's implementation of one additional personal leave day for all county employees under the direction of the Board, including County Manager's agency, County Attorney's Office, and BCC office staff to be used May 10th, 2023, through May 9th, 2024, in honor of Collier County's Centennial celebration. This item is being brought to the agenda by the County Manager's Office. We spent some time thinking about an appropriate way to recognize the efforts of our staff during the Centennial year. I think everybody has enough T-shirts, and, you know, a picnic is something we're still considering as an ongoing staff recognition. But the idea rose up about an additional personal day, similar to what we grant for various service milestones, and so we thought this would be a good idea to bring to you-all for your consideration. The day will be good for one year, as indicated, starting, if approved by you, tomorrow, and good through the Centennial year. It's a "use it or lose it," similar to our other service awards and our personal days, and it just is a nice way to thank the staff for their service and all of those things that they do. We did extend this out to the constitutional officers should they want to implement the same within their organizations. CHAIRMAN LoCASTRO: Well, I know all of us have been briefed separately on it. Do I have any commissioners that have a comment or an objection or anything they wanted to say before we have a motion to approve? COMMISSIONER McDANIEL: Move to approve. May 9, 2023 Page 31 CHAIRMAN LoCASTRO: Second. So we've 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. MS. PATTERSON: Thank you, Commissioners. Item #10A RESOLUTION 2023-90: A RESOLUTION UPDATING THE POLICIES RELATING TO CODE ENFORCEMENT LIENS, DIRECT STAFF TO REVISIT ITS PROCEDURES FOR PROSECUTING CODE ENFORCEMENT CASES, AND DIRECT STAFF TO DISCUSS AND REINFORCE WITH THE CODE ENFORCEMENT BOARD AND SPECIAL MAGISTRATE THE PARAMETERS FOR THE IMPOSITION OF FINES FOR CODE VIOLATIONS - MOTION TO ADOPT W/CHANGES BY COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER HALL – ADOPTED MS. PATTERSON: That brings us to Item 10A. This is a recommendation to adopt a resolution updating the policies relating to code enforcement liens, direct staff to revisit its procedures for prosecuting code enforcement cases, and direct staff to discuss and reinforce with the Code Enforcement Board and Special Magistrate the parameters for the imposition of fines for code violations. May 9, 2023 Page 32 This item is brought to the agenda by Commissioner LoCastro and the Board's direction and the County Attorney's Office, as well as the Growth Management Department Community Development are here to present and/or answer questions. CHAIRMAN LoCASTRO: Sure. Let me just set the table a little bit. This is what we've talked about. I wanted to first see if you had an appetite for us, not changing the code, but just putting a little bit more structure, a little bit more detail as we've learned a lot of lessons over the years, and it sounded like everybody, when I first brought this up a couple meetings ago, did think that was a good idea. I've been working closely with Mr. Klatzkow on putting together a -- not only an executive summary but a resolution that was not too complicated. You know, we're not trying to, like, overhaul the process. We're just trying to restress a few things when it comes to liens and how the county implements them and enforces them. And then when it comes to just basic fines, the less government, the less things that we sort of -- less ordinances, sometimes the less resolutions the better, and what -- and I'm going to turn it over to Mr. Klatzkow to sort of just give us a good executive summary. But in that particular case, I believe we've already sent the signal to the Code Enforcement Board, hey, we're really looking for you to do your due diligence. And there's always special cases, but in the case of somebody that has a huge fine, it doesn't just go to zero because they finally mowed the grass, you know, and those kind of examples. But having said that, let me turn it over to Mr. Klatzkow. He's going to give us sort of what I'm asking for us to vote on to include in the ordinance that will help better define a few things and then, verbally, he and his staff are going to do several things to make sure that the Code Enforcement Board, our staff, and folks that are involved all the way in between just get the message of what our May 9, 2023 Page 33 stance is on liens and fines and things of that nature. So, Mr. Klatzkow. MR. KLATZKOW: Over the past few months, the Chair and I have had a number of conversations on this issue. And what I did was I asked the assistant county attorney, Colleen Kerins, to work with Jamie, look at what other counties are doing, and let's try to put together something that's sort of like right in the middle of it, sort of like best business practice, move us more towards a firm-but-fair type of process. And I leave it to Jamie and Colleen to discuss what they've come up with. MS. KERINS: Colleen Kerins, Assistant County Attorney. Our prior process for the relief of liens after they've been imposed by the Code Enforcement Board and by the Special Magistrate was a more informal process where they would write a letter to the Code Enforcement Director and tell their story. What we're really trying to accomplish with this is a more formal process requiring people to show more documentation, pay an application fee, and it gives staff the opportunity to make sure that they're in compliance with not only our code enforcement rules, but also with our zoning rules, making sure their taxes and all the special assessments are up to date before we bring it to the Board for our recommendation for settlement. One of the other things it will be doing as well is it puts a cap on the amounts of fines that will be liened on the part of what will be forgiven. It's based on the market value. Different areas of the state do different things. Some have a straight "it's reduced to $1,000 regardless as to what's been accrued." Other places are it's tied to a percentage of the accrued value. In our case we're trying to really stress that it's a fair imposition. For example, if you have a $35,000 property, it would be 10 percent or 20 percent depending on whether or not it was a repeat violation. May 9, 2023 Page 34 So it really is fitting the property value as opposed to someone who's had 10 years of accruing fines. So hopefully we'll avoid the situations where we have $800,000 worth of accrued fines coming to the Board for forgiveness. Also within the resolution we do have a part for Code Enforcement annually to bring back a report to the Board to go over what the accrued fines are on different properties whether or not there is a homestead on the property, which will allow us to determine whether or not we can foreclose on those properties, which is not something we've typically done in the past years. There is also a recommendation, when we were going through this process, to have our office go back to the Code Enforcement Board and the Special Magistrate for evaluations as to the factors delineated under Florida Statute 162.09 where they have to consider certain things before they impose that fine, which then becomes the lien that is owned by the Board of County Commissioners. We want to make sure that the people are given an opportunity to present their mitigating factors and that the Board and the Special Magistrate are being given a full picture as to what the situation is going forward. One of the things we're working on doing is revamping our rules and regulations for Code Enforcement Board and Special Magistrate to have a more formal process there as well with requirements that their arguments for continuances, extensions of time, and mitigating factors for imposition be put into writing. So hopefully this will avoid some of the issues we've been uncovering over the last two years as to having these large liens that are having to be reduced. CHAIRMAN LoCASTRO: Do you have anything else to add, Mr. Klatzkow? MR. KLATZKOW: No. We're going to be more proactive on May 9, 2023 Page 35 this. I mean, one of the problems I think the Board's had, we'll have somebody purchase a home with a code lien on it, and they did their title report, they know about it, but then they come to the Board anyway asking for forgiveness, and we've tightened that loophole out. I mean, if you're buying your property at a reduced value because of a code lien, then you're going to pay that code lien. We're -- again, the concept is to be fair but firm on code enforcement. The idea behind tying it to the percentage of the homestead is if you've got a million-dollar property, you know, $50,000 is one thing. If you have a $35,000 property, $50,000 is above that. So that's why we tied it into the fair market value of it. And, again, this is an evolving process. The County Manager will be coming back a year from now with a report on this. Jamie will be working on that along with the new Code Enforcement director, and we'll see how it's working, whether or not we need to make changes to it or to leave it as it is. But you'll get a report a year from now as to how this is actually working in the field. CHAIRMAN LoCASTRO: Yeah. Before I go to the commissioners that are lit up, just to finish, I guess, setting the table is, you know, when these $800,000 fines come to us, and we all sort of know it's like, oh, yeah, that's not -- you know, that's not real, this doesn't seem like a very good process here. I mean, we've checked with other counties. There's other people that are doing it a bit tighter. What I like that you said -- and then I'm going to turn it over to my colleagues -- this provides more information. I like how you said "a more full picture," you know, for the Board and the people involved, more involvement by our staff. So, you know, there again, it sort of dovetails on more information before decisions are made. More due diligence and oversight so that we're not necessarily going from, you know, a big fine to zero with minimal information, May 9, 2023 Page 36 minimal discussion. And there's -- and in the end there's always extenuating circumstances. So there is always an out if there is something that, you know, the county's not of, that lane of, you know, conversation has not evaporated, in fact, but it will be something that can be considered now with a lot more information, which is -- which is what I like. So I know -- I appreciate you-all working on this really hard and, also, not making it too -- too verbose. We really -- we've really summarized it down. And some things that I think don't change the process per se, it improves it. It adds some things to it and specifies in words some things that were -- as you said, were sort of loosely handled where now it has more specificity. But having said that, let me go to my colleagues. Commissioner Daniel [sic] and then, Commissioner Hall, you're on deck, sir. Commissioner McDaniel. COMMISSIONER McDANIEL: Okay. I thought you said Daniel. CHAIRMAN LoCASTRO: No, Commissioner McDaniel. COMMISSIONER McDANIEL: Yes. Good morning, Mr. Chair. I've got a couple of comments. Specifically No. 9 showed up today, and it was not in the original -- it was not in the original agenda package that I downloaded. Number 8, in the executive summary that talks about the reduced percentages. I'd like -- my initial -- my initial thought was to eliminate that because it provided for too much subjectivity at a staff level. And so if we're going to go forward with No. 8, I'd like to change the language or suggest a change in the language that we move it over to the assessed value of the current year that the -- that May 9, 2023 Page 37 the lien was actually imposed. It provides for a place for staff to go to actually pick a number that was already a matter of record, and we're not dealing with this nebulous market value, which shifts all of the time. I, personally -- again, going back to the -- having that done at the -- having that done at an administrative level allows for potential subjectivity decision-making that I would prefer not, in fact, transpire. I like the -- I like the other issues or the other suggestions that were brought in, because what we're actually looking to do is have a property owner who has a complaint or a lien filed take steps prior to the disposition of the asset to actually bring it forward and cure it. I like that aspect of what, in fact, we're doing. So I do have a couple of comments on the processes over and above this particular item, but that's my number-one comment with regard to No. 8, so... CHAIRMAN LoCASTRO: I'll -- I'd really like Mr. Klatzkow to answer. He's really been the champion and the author of this working with me and trying to package it. I will say, I'm not falling on my sword on any of these. I wanted to just at least present something that we are all comfortable with. So I really value the opinion here. We want to try to -- I don't want to say we want to try to. We want a document that is going to complement and improve the process that we already have. So this is -- this is great conversation, and if there are some things in here that we need to go back to -- I don't want to say the drawing board, but we need to edit some things, you know, there's no rush to judgment here. We want to -- you know, I always say measure twice and cut once. But let's take yours one at time, Commissioner. So No. 8, your concerns on No. 8, and then I'd like Mr. Klatzkow to comment as May 9, 2023 Page 38 to -- would Commissioner McDaniel's suggestions improve it, change it, not? You know, I know you've done the deep dive with so many other counties and all the legalese, so -- and, like I said, I'm not married to any one of these with actual specific verbiage, but I think this is healthy conversation. MR. KLATZKOW: Yeah. I think the idea of tying it to an assessed valuation is an outstanding idea because it gives certainty to it. COMMISSIONER HALL: It's established. MR. KLATZKOW: It's right on the website. COMMISSIONER McDANIEL: To the year that the lien was effectuated. CHAIRMAN LoCASTRO: Yeah. COMMISSIONER McDANIEL: If you provide for that specificity, I can leave -- I can leave No. 8 alone. It just takes away the -- MR. KLATZKOW: I think -- COMMISSIONER McDANIEL: -- discretion of the market value. MR. KLATZKOW: -- it's an outstanding idea. CHAIRMAN LoCASTRO: And then what was 9? You had something on 9? COMMISSIONER McDANIEL: Well, 9 was new. It wasn't included in the Board package that went public last week, and I didn't find any -- necessarily, I didn't find any fault. So, now, let's take care of this, and then I have a discussion with regard to processes at all. CHAIRMAN LoCASTRO: Okay. Let me go to Commissioner Hall. Sir. COMMISSIONER HALL: Thank you, Mr. Chair. Regarding No. 7, title policy is really not required to purchase May 9, 2023 Page 39 property in Florida. It's common practice if you have a lien or if you borrow money, but if you pay cash, it's not required. And so there's investors that purchase with cash, and they're adding values to the property. There's foreclosures that are bought at the courthouse that you don't have time to do any title work. And owner financing, you could -- I could have a lien on a property, and I want to get out of it, so I owner finance it to somebody that doesn't know it. I take $20,000 of their money down, and I finance it, and then all of a sudden, this lien passes to them. So all of the other criteria would have to be met anyway. You know, it would have to be abated, all the taxes paid up and so forth. So I just -- I was just bringing that up. Closing documents will show if there's a lien on the property anyway, your HUD-1 statement or whatever, or it will show if you paid cash for it. So I could be comfortable with it. I mean, I'd be all right with it the way it says, but I would prefer the title policy not to be an indice. CHAIRMAN LoCASTRO: Is there a way to better write it, or you think there's some things on there that just need to be, you know, redlined because it's confusing? And then, Mr. Klatzkow, give us your comments. Because we want the best document possible, so that's a great point. COMMISSIONER HALL: I mean, I totally understand, you know, somebody that is aware of the lien, and they're just using that as -- you know, as an escape. But if -- I don't want to -- I don't want to punish the many based on -- you know, on the few. MR. KLATZKOW: Well, I guess I'm trying to ascertain the intent of the Board here, because this comes out of a couple conversations people have had coming to the Board saying, look, I purchased this property, and I didn't know about this lien. And, like, I find that astounding myself -- CHAIRMAN LoCASTRO: Right. May 9, 2023 Page 40 MR. KLATZKOW: -- that you would spend that kind of money and not do a title search, but -- for the $150 it costs, but that's just me. We tied it to this because it's an easy document to look at. If you just want to -- if you just want to say that when you buy your property with an outstanding lien, you know, it's caveat emptor. I mean, buyer beware, and that's the end of it. We won't tie it to a title insurance policy. COMMISSIONER HALL: Sure. I mean, I understand -- I understand the rationale. Yes, Mr. French. MR. FRENCH: Just wondering, what if we just inserted some terminology? Because this really was in response to that gentleman that had bought properties from that property owner before and said, on this one I just didn't have title insurance, and I just didn't -- I didn't do my background, and, goodness, the Board -- the Board gave him a gift. But that's the reason why this is in here, as Colleen and I have discussed. But what if we use something "and/or" or "if applicable" so that if there is a need for having title insurance -- COMMISSIONER HALL: Sure. I mean, if you look at the closing document and there's a loan documented on there as the first lien, then you know that there's a title policy involved. MS. KERINS: All this language would do is require the people to include those documents, if applicable, in their application as an attachment so that we have full understanding as to what the situation is moving forward. And the way it's phrased as well is for the purchase of the property. I didn't want to have things hindering if it's a property going through probate where there really is no purchase but there is a title change. May 9, 2023 Page 41 So I tried to do it as discretionary as we could to kind of allow the people who have situations like probate go forward and have it -- which is why it says it may be considered as a reason for rejection. COMMISSIONER HALL: Sure. I'm fine. MS. KERINS: We can clean up the language and make it more clear if it's the Board's prerogative. COMMISSIONER McDANIEL: Personally -- CHAIRMAN LoCASTRO: Yes, sir. Go ahead. COMMISSIONER McDANIEL: As a comment -- CHAIRMAN LoCASTRO: Then I'll go to Commissioner Saunders. COMMISSIONER McDANIEL: I mean, our goal here, or at least I think our goal here is to -- there may not be -- there may be future boards that aren't as aware as we are with regard to real estate transactions, and so the goal here is to get as much information -- the way I was reading these things is the proposed resolution creates that final written document for the property owner to come through the process and supply this necessary information. CHAIRMAN LoCASTRO: Right. COMMISSIONER McDANIEL: And then when another board has to hear of a property owner's issue who made an error, didn't do their due diligence, bought a piece of property, didn't do a title search, they get to be held accountable for that and not go, oh, I'm sorry. CHAIRMAN LoCASTRO: Right. So are there -- just to summarize here before I go to Commissioner Saunders. I like what you said, Mr. French. I think there's a couple little words -- you know, not to wordsmith it to death -- that would give No. 7 more clarity. So, Commissioner Saunders, what do you have, sir? May 9, 2023 Page 42 COMMISSIONER SAUNDERS: Thank you, Mr. Chairman. First of all, I want to thank you for really taking the lead on this issue. One of the biggest complaints we get from constituents is problems with their neighbors making too much noise or doing -- not taking care of their property, and Code Enforcement is very, very important especially if you take a look at Golden Gate City, as an example, where there are numerous code violations that just go on and on forever, even though Code Enforcement may not be able to take any particular action. So I just want to thank you for really taking the lead on this and beefing up our process here. My biggest concern was with No. 8 because we just don't know what the fair market value is, and I didn't want to have the county have to get appraisals to determine that value, but that's taken care of. And it sounds like No. 7 is taken care of as well. So the issues that I had made notes on have been addressed. So, again, just to thank you for taking the lead on this. CHAIRMAN LoCASTRO: Okay. Anybody else? (No response.) CHAIRMAN LoCASTRO: The other thing, too, that's a -- you know, I don't want to be too repetitive, but the homework assignment for Mr. Klatzkow -- and he guarantees me this -- is that when -- we'll make the changes here -- and I think we can -- I hope we can vote on it based on the changes, and then the new document would go out, but also, too, it is imperative -- and our legal team is going to take the lead on this -- is that when this is presented to Code Enforcement and other staff, as I said before, not only will this, you know, be explained -- although, I think it's self-exploratory, but also finishing the conversation when it comes to fines and what -- because we already have the right things in print, so I don't think we need to rewrite everything. May 9, 2023 Page 43 But the conversation that we had, it's just a reconfirmation that they do their ready due diligence, if there's not an extenuating circumstance, we don't go from 100,000 to zero in 10 seconds, and then the person walks out the door, and that they also get guidance and input from the county staff. I mean, I had a conversation with Mr. French where he said, wow, if something's going to Code Enforcement and we have a lot of background information that they don't have, we will make sure we're at that Code Enforcement meeting, not to beat up the person who's at the other podium, but to make sure that the Board has all of the information possible before they rule on something so that, you know, we're not giving away taxpayer dollars or we're not overly, you know, penalizing somebody. So I think that will definitely make the process much better. Commissioner McDaniel. COMMISSIONER McDANIEL: I'll make a motion for approval as amended with those language changes to No. 8, and I think, if I heard you correctly, you're going to change it, "closing documents or title insurance"? MS. KERINS: Correct. COMMISSIONER McDANIEL: And change the "and" to an "or." I'll make that -- I'll make that motion. COMMISSIONER HALL: Second. CHAIRMAN LoCASTRO: Okay. I've 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? May 9, 2023 Page 44 (No response.) CHAIRMAN LoCASTRO: It passes unanimously. Thank you, gentlemen. MR. KLATZKOW: Thank you. MR. FRENCH: Commissioners? CHAIRMAN LoCASTRO: Yes, sir. MR. FRENCH: Just one moment. Again, Jamie French, for the record, your department head for Growth Management. I wanted to take the opportunity to introduce Tom Iandimarino, our new Code Enforcement Director. Not often do you get to pick your successor, but Mr. Ossorio, our current Code Director -- or former Code Director, sat on our interview panel, and Tom was his number one. Tom has spent the last 32 years of his career as a first responder with the National Park Service, actually lives right here in Collier County, has for nearly 20 years, and he's worked as a wildlife officer, boater safety, firefighter, law enforcement, and he's already got an established working relationship, I know, with the Sheriff's Office and the City of Everglades. So we're very pleased to introduce Tom. And I know I've made him around -- I've made the rounds to be able to introduce you to some of them [sic], but we're awfully grateful that he chose to stay here in Collier County and come aboard with us. So we're looking forward to advancing our organization and, again, and sending Mike off. Mike's been a -- he's going to still be with our organization, but Mike did a great job as Code Enforcement director and certainly set the bar pretty high. So any questions or comments for Tom? He's -- I think he's standing right binned me. COMMISSIONER McDANIEL: Bring him up. MR. IANDIMARINO: Well, thank you very much for having me. I think I've met everybody except for Mr. Saunders, sir. May 9, 2023 Page 45 MR. FRENCH: Commissioner Saunders, sir. MR. IANDIMARINO: Commissioner Saunders; sorry, sir. COMMISSIONER SAUNDERS: Either way works. MR. IANDIMARINO: Thank you. Well, thanks for having me. I appreciate it. This is an interesting document that got thrown in my lap when I got here a month ago, and I've been reading it and trying to understand it and learn it myself. So it's a lot of work in progress, and I will do my best to implement it as it comes across. COMMISSIONER McDANIEL: I have a comment for him. CHAIRMAN LoCASTRO: Yes, sir. Commissioner McDaniel. COMMISSIONER McDANIEL: And this has to do with my previous statement with regard to how we're doing what we're doing. Commissioner Saunders brought up a good point earlier with regard to ongoing code issues. And, you know, government intrusion is an issue of mine but, on the same token, the four bounds of a property owner should not be negatively impacted by another, the quiet enjoyment of those -- of those four bounds of a property owner. I would like for us to make some adjustments in how we're doing what we're doing. Code Enforcement -- and if it needs to be a Board directive and we need to have a discussion about this in a more formal format, I can actually bring an agenda item forward. But it's become commonplace for a property owner who has visible violations to deny Code Enforcement access to that property. It's commonplace. And then we're stopped. We're stopped at the front gate. We're not allowed to come through. So I would like to -- we can go on if a warrant is secured, so I'm led to believe. That needs to be commonplace for our Code Enforcement when we're denied access to a property where a known May 9, 2023 Page 46 violation is, in fact, transpiring. MR. IANDIMARINO: Understood. Of course, you know, we try to get other ways of getting there through the neighbor's property. If we can't get that direction and we still can't get what we are looking for, sometimes we are stopped, and if we do have enough probable cause to get a warrant, hopefully we can do that. COMMISSIONER HALL: Can you fly a drone? COMMISSIONER McDANIEL: No. MR. IANDIMARINO: We cannot fly a drone, no, sir. COMMISSIONER McDANIEL: You cannot fly a drone, and that's -- there again, that comes into government intrusion. And remind me to tell you the story about the drone I saw. So the -- what I would -- and if you need us to -- or us to -- me to bring an agenda item forward and us review the procedures and policies so that Code has a little more direction as to what we would like to see transpire, I think -- we pull a couple of warrants to go onto someone's property who's denied us access, the word will spread out that that's, in fact, what we're going to do. I mean, you can't hardly overcome the fence fighting, I call it, when one neighbor's mad at the other because this dog's coming over and doing their business on somebody else's piece of property. But you -- on the same token, we have -- we have a duty to protect the quiet enjoyment of a particular property owner's -- MR. IANDIMARINO: And finding that fine line between that and invasion of somebody else's property, understood. It's a challenge. COMMISSIONER McDANIEL: Well -- and it becomes abusive, especially -- I mean, Golden Gate City, we have an enormous amount of violations that are going on. Golden Gate Estates, it's turning back into the Wild East as far as -- MR. IANDIMARINO: In my first month here, I've reviewed May 9, 2023 Page 47 some SOPs. I'm reviewing more SOPs as we're going through them for our own internal standard procedures, and I'm going over those with staff as they come up. And I'm trying to review as many as I can to hopefully mitigate some of the concerns that you may have. COMMISSIONER McDANIEL: I won't belabor the point any longer. If you need some direction from this board, let me know. MR. KLATZKOW: Three nods -- three nods, and we'll do it. COMMISSIONER McDANIEL: Sir? MR. KLATZKOW: If we have three nods, we'll do it, or I can come back on executive summary. It's whatever you guys want. COMMISSIONER McDANIEL: Three nods? MR. KLATZKOW: Three nods, and we can implement, or we can come back on executive summary. COMMISSIONER SAUNDERS: Is that one person nodding three times? MR. KLATZKOW: Well, that would be Commissioner McDaniel's idea. But, no, I need three separate nods. COMMISSIONER McDANIEL: I'm -- I really -- you know, there again, if -- whichever you folks prefer. I want our staff to be comfortable. And I actually want to know the process that -- you know, you were talking about review of SOPs. I'd like -- I think we ought to probably do an executive summary on it -- CHAIRMAN LoCASTRO: Yeah. COMMISSIONER McDANIEL: -- just to have an agenda item. CHAIRMAN LoCASTRO: Make it clear; you can see it. COMMISSIONER McDANIEL: I'll bring an item. I'll bring an item second meeting -- in our next meeting in May. CHAIRMAN LoCASTRO: Okay. Commissioner Kowal. COMMISSIONER KOWAL: Thank you, Chairman. I never really understood Code anyways. I mean, I come from May 9, 2023 Page 48 a criminal law enforcement background and, you know, Code Enforcement operates kind of in a different environment. And from my understanding, a lot of -- like Commissioner Saunders was saying, you know, a lot of times these complaints are just simply a neighbor doesn't enjoy another neighbor's music or something like that, and it brings -- it's brought to the attention of Code Enforcement and, because it's a complaint, Code Enforcement has to investigate, you know. And then -- but, you know, you look at our constitution, our Sixth Amendment, you know, you're required -- you have the right to face your accuser. That's in our constitution, and I think Code works a little differently like that. You could be anonymous, and the Code Enforcement is the accuser. You know, I'm not sure if that's true or not, but I think at some point if the accusers are actually -- a face is on the accuser, this may cut down a lot of the frivolous complaints, you know, because, constitutionally, in the Sixth Amendment, you know -- I'm not going to read verbatim or remember it verbatim, but you do have the right to face your accuser in anything where you're acting under the color of law in fining or charging a crime against another citizen. So I don't know if it's as simple as that that -- you know, that you can get rid of this anonymous complaint. I don't know. You know, that might just cut down on a lot of the frivolous complaints, too. MR. FRENCH: So, Commissioner, thank you. Great point. Again, Jamie French. Under -- Florida Statute 162 is what we operate Code Enforcement under. And, actually, the House and Senate, two years ago in session, they used Collier County as a model, and so 162 does not allow for anonymous complaints. COMMISSIONER KOWAL: Okay. May 9, 2023 Page 49 MR. FRENCH: And so -- unless it is considered of imminent health, life, or safety. So -- and your life-safety code predominantly is your Florida Building Code. So if we've got illegal structures that weren't properly permitted under that state statute, they could, perhaps, be unsafe. Those are the type of things that we can act on. Tall grass that could cause fires. And we would represent ourselves to say, driving by, this is something we saw. RVs -- not saying that an RV stored in your Golden Gate Estates lot isn't something that we see every day. It's an RV where you've got 12 of them, and you're on a glamping site, and you're renting them for $65 a night, those are of concern for both the community as well as for the Florida Building Code, because what the Building Code says is that if it exists and it's occupied for more than six months and it's not road-ready, it is now a structure that requires, under state statute, a permit. So we would address those, and all of those will require some investigation from those people who are actually licensed and professional in that field. So Code is going to have to work with our Building Department -- or building division more under that -- and Mr. Bosi more and Ms. Cook more and my office more and perhaps DAS, because they really -- and the Sheriff's Office, because they really are the subject-matter experts in certain fields so that Code is coming forward and opening that investigation, working on that code case determination check sheet, and we would bring that back -- with Commissioner McDaniel's pleasure, we'll bring that back and explain that. But you're absolutely right, 162 does not allow for anonymous complaints. We don't take them unless it's a life-safety issue. COMMISSIONER KOWAL: Okay. Thank you. CHAIRMAN LoCASTRO: Commissioner McDaniel. COMMISSIONER McDANIEL: Well -- and, you know, May 9, 2023 Page 50 therein lies part of the -- part of the circumstance on the process. Retribution for an actual -- for an actual complaint oftentimes comes from the -- to the complainant. And so our answer to not having anonymous complaints is to file -- the commissioner to file the complaint on behalf of the complainant. So I end up -- we end up being the person who files to hold a neighbor anonymous who's fearful of retribution. There's some not nice people out there that are doing some not nice things that -- and intimidating neighbors into fear of retribution. So that's part of that discussion that we'll have in the latter part of May as to how we get there from here. CHAIRMAN LoCASTRO: Commissioner Saunders. COMMISSIONER SAUNDERS: Just a quick comment and a question. There have been workarounds in terms of the anonymity of complaints. I think in Golden Gate City, I'll use that as an example, if someone has a complaint, they can get the Golden Gate Civic Association to file the complaint. So they have ways to kind of work around that. It helps a little bit, but not a whole lot. But the question I have is if you are on one of your patrols -- let's say you're on a canal and you're patrolling an area, there's been a violation and you're going to check it out and you see another violation, whether it's, you know, tall grass or just some violation that you know is a violation, the question is, can you take action as a Code Enforcement officer when you see a violation that's not been reported? MR. IANDIMARINO: Yes. Tom Iandimarino, again, for Code Enforcement. Yes, we can do that. There's a point where there's self-initiated code activity for all the staff. They can get out there and see things and act on things, but there are certain things that we do act on and certain things that we just don't have the time to act on because there's just so much going on sometimes. So it's judging May 9, 2023 Page 51 what's the life, safety, and health that we need to take actions on. COMMISSIONER SAUNDERS: So when this comes back -- and we're in our budget process now, and we all recognize how important code enforcement is and that your hands are somewhat tied in terms of receiving complaints, but if we had more Code Enforcement officers available so you would have more time, I think that would help solve some problems as well. So during the budget process I'd like for the Board to consider beefing up Code Enforcement because, as the Chairman has certainly acknowledged with what he's brought forward here, this is really important for a lot of people. And I hear the complaints -- I'm sure we all do every day -- of neighbors not wanting to file a complaint because they're afraid they're going to be shot at or something of that nature. And so I would like to see us consider -- and part of the staff's -- my request to staff would be let us know what you need, because it's an important issue. MR. FRENCH: Thank you, Commissioner. Again, for the record, Jamie French. We are working directly with the County Manager's Office and Mr. Finn, the budget office, on these exact things. We're looking at everything from more of a unified force multiplier on how we can work best across all of the departments for the county and still be able to provide a level of service that the county can count on but -- not just that, but also to ensure that we do honor 162, that the Sixth Amendment of the Constitution is recognized, and that these are truly life-safety issues that we would be bringing forward as self-initiated, and we'd be able to properly respond to the community. So thank you for that, and we appreciate your support, and we will -- we'll look at that through the budget process as well as continuing to work with the manager's office. May 9, 2023 Page 52 CHAIRMAN LoCASTRO: You've got one more here. Commissioner McDaniel. COMMISSIONER McDANIEL: Just to -- and this is just a point for my colleagues. I had a -- I have a complaint that I have -- I don't know if I filed it yet or not, but it's coming, but I drove out to look at it myself. In a drive-by on one street in Golden Gate Estates, I counted five violations that I could see from the road just driving by. I mean, on the main corner there was a guy who had -- literally, he had five tractor trailers -- semis with tractor trailers parked in behind his house on the way into the one. And so that's, in fact, what I was talking about how we can gear this up to not be an intrusion, not be government overreach, but yet, at the same time, protect the quiet enjoyment of the property owner who is in existence next to a violation that's, in fact, transpiring. So that's just an example of one street that I drove up in looking at an ongoing code issue. CHAIRMAN LoCASTRO: Okay. COMMISSIONER McDANIEL: We'll deal with it more at length -- MR. FRENCH: I'll move the trucks out of the yard, sir. COMMISSIONER McDANIEL: Oh, was that your house? CHAIRMAN LoCASTRO: So, in summary, let's make those small changes, get the latest copy with the new date on it out to all the commissioners and, of course, the staff and the Code Enforcement Board. Let's restress when it comes to our enforcement of fines as well. And you know what I hope this is is also a deterrent, because I do think there's people out there that sort of, you know, outside of this room and in town say, you know, you've got a $30,000 fine, you go in, you tell a little story, they make it zero, and then everything's fine. And I think we need to turn the corner on that. May 9, 2023 Page 53 Certainly, like I always say, there's extenuating circumstances, and that's what we're not trying to beat up. But in the end, this is also real taxpayer money. And, you know, if you break the law, if you blow us off, if you, you know, say, hey, I'll get to it when I get to it and then once I'm in compliance, the county's policy is to make it go to zero, I don't think we want to do that anymore. So, you know, lastly, I'd just like to thank Mr. Klatzkow and his team and Mr. French and all of his folks who have worked with me over the weeks to put something that wasn't government overreach but was clarification on details -- who you pointing to? MR. FRENCH: Colleen is -- she is -- CHAIRMAN LoCASTRO: Oh, so did everything? MR. FRENCH: She is an amazing partner. I will tell you Jeff's -- between Sally Ashkar and Derek Perry and Heidi and Colleen, your County Attorney's Office has really been able to promote and support us in that way. And, you know, if I need to, Jeff and I, you know, we certainly will work together as well. But his assistant county attorneys have been great to work with and, really, it's -- Colleen is kind of the glue that sticks us all together and keeps us out of the guardrail, so... CHAIRMAN LoCASTRO: There you go. Well -- and I think the important thing, too, isn't just the document itself, but it's the process, the engagement that -- you know, the more hands-on approach that we're going to have to be a little bit more hands on, more transparent, and gather more information so that our Code Enforcement Board and others can make better decisions and enforce these policies much more stringently in the cases where they should be. Okay. I think we're ready for a break. So let's take a break. And what do you-all think, we come back here at -- what do you think? What are we saying? Come back in about 10 minutes. So May 9, 2023 Page 54 we'll say 10:50. (A brief recess was had from 10:40 a.m. to 10:50 a.m.) MS. PATTERSON: Chair, you have a live mic. CHAIRMAN LoCASTRO: Okay. Where are we going next? MS. PATTERSON: Well, at your pleasure, we do have our team here for the 11:00 time-certain. We could take them a couple of minutes early rather than -- CHAIRMAN LoCASTRO: Yeah. If you've got everybody here, less roll right into that. MS. PATTERSON: Yep. They're all ready to go. Item #13A PRESENTATION OF THE ANNUAL COMPREHENSIVE FINANCIAL REPORT FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022, AND AUTHORIZATION TO FILE THE RELATED STATE OF FLORIDA ANNUAL LOCAL GOVERNMENT FINANCIAL REPORT WITH THE DEPARTMENT OF FINANCIAL SERVICES. - MOTION TO ACCEPT THE REPORT AS PRESENTED BY COMMISSIONER SAUNDERS; SECONDED BY COMMISSIONER LOCASTRO – APPROVED MS. PATTERSON: This is a presentation of the annual -- Item 13A, presentation of the Annual Comprehensive Financial Report for the fiscal year ended September 30th, 2022, and authorization to file the related State of Florida Annual Local Government Financial Report with the Department of Financial Services. Mr. Derek Johnssen, Clerk's Office director of Finance and Accounting, will start the presentation. MR. JOHNSSEN: Thank you, County Manager. May 9, 2023 Page 55 Good morning, Commissioners. Derek Johnssen, finance director for the Clerk and Comptroller's Office. You see me about every time this year to do the very same thing, create this large tome, which I expect you-all to read every page. This audit covers the consolidated county. It's a product of many hours of effort on the part of staff across the county agencies. We truly appreciate the support we get from administration, the budget office, County Attorney's Office, and Public Utilities. I would like to add my sincere gratitude for the time and dedication that my staff put into creating this document. For fiscal year 2022, the county received an unmodified audit opinion, which is the best that I can bring to you. We have a brief presentation of the results for the audit today. With that, I would like to introduce Chris Kessler, the partner in charge with Clifton, Larson, Allen, the county's auditor. We'll, of course, be available afterwards for questions. Thank you. MR. KESSLER: Good morning, Commissioners. Good to see everyone. So as Derek said, we are here to discuss the 2022 financial statement and compliance audit for the county. And, generally, we're going to keep it fairly brief, but I'd love for questions or comments throughout, so, you know, please feel free to chime in as I move through. But as we talk through the 2022 results, you know, generally speaking, as Derek said, you know, unmodified opinion on the financial statement, so I'm bringing good news to everyone here today. So the services that we've performed, they are no different than years past. I'm not going to read all these in detail, but there's three main pieces that we look at in performing your audit. And the first May 9, 2023 Page 56 is the audit of your financial statements; the audit of the federal compliance, so all of those federal grants that the county receives. We take a sample of those transactions and make sure the dollars are spent in accordance with the grant programs. Reporting is done as required, procurement is followed as required, things along those lines, as well as from a state compliance standpoint both with the grants and certain state statutes that the county has to follow. We take a look at those transactions and make sure those are in line. The reports that we issue as a result, these are no different from prior years. So, again, these are the deliverables that get inserted into that very large document, your Annual Comprehensive -- Annual Comprehensive Financial Report, the ACFR. And so if you look at these reports from prior years, the actual reports themselves have not changed, but I do want to bring to your attention they will look different from prior years. Every once in a while the standard setters that govern our profession change some of the rules, and they changed some of the layout of these reports to make them a little easier for the users of the financial statements to understand. So they don't look directly like last year, but the content is still the same, and the opinions are in these reports in the same manner. So the results of the procedures, as was previously mentioned, the independent auditor's report was an unmodified opinion. This is a clean opinion. This is the highest level of opinion on your financial statements that you can receive. Your independent auditor's report and internal control had no reported findings. Your single audit report, both on the federal programs and on state projects was unmodified opinion on compliance with no reported findings. So, again, clean opinion; highest level you-all can receive. The management letter that we have to issue under Florida Statutes had no reported comments, but we do, as we do every year, we make certain suggestions for best practices and areas of May 9, 2023 Page 57 improvement based off what we see elsewhere or based off what we see when we're in performing audit procedures to management, verbally, throughout the audit process. And then our independent accountant's report, which is on some of the state compliance that we have to look at, that was an unmodified attestation opinion on compliance as well. So, again, highest level, clean opinion. So there are certain communications that I am required to make to you-all, and they are included in the governance communication letter that is provided to you-all as well. But some of the key ones that I want to highlight here today, the scope and timing of the audit proceeded as planned. That means what we planned to do, we executed upon, and there were no changes to that. Significant accounting policies were in accordance with industry standards and what we call GAAP, generally accepted accounting principles. There were no difficulties encountered in performing the audit. Significant risks that we identify in our planning were addressed as planned. And then management was very cooperative, helpful, and professional during the audit. So, as always, it's always a pleasure working with your teams throughout both the county and the Clerk's Office in performing this audit. We spend a lot of time, and we ask a lot of questions and request a lot of information to issue these opinions, and it is always, always a pleasure to work with everyone here that provides us what we need efficiently, effectively, and focuses on quality financial information so we can get in and do our job well. So we're always appreciative of that. I do want to highlight a little bit of what these financial statements contain and what the 2022 audit really had to deal with this year. So, you know, usually read through your financial statements. There is a lot of information in there and, for a county of May 9, 2023 Page 58 this size, there is a lot of audit work that has to be done. But as you look at 2022, similar to some of the things we've talked about in previous years, particularly the last couple years, there are some significant changes in operations that we have to deal with from an audit perspective, and the first is is the required testing of the county's grant programs that relate to some of the pandemic funding that has come through the last couple years. Now, we always have to select the large grant programs that you-all administer on any given year, but with some of these pandemic-related funds, the federal government has required a higher level of risk until those funds are spent, and so we have the four listed here: The Emergency Rental Assistance Program, the Coronavirus State and Local Fiscal Recovery Funds, the Federal Transit Cluster, and the Airport Improvement Program. Now, those last two, the Federal Transit Cluster and the Airport Improvement Program, those are programs you typically have in any given year. So those are not new programs as it relates to the COVID-19 pandemic and the funding sources that came through, but there were certain allocations of additional funding that the federal government put out there as a result of the pandemic through some of the various federal legislation that came out through the two administrations during the pandemic that increased funding for the county. So, as a result, we have to spend additional time testing those every single year because some of those funds came through those various legislative acts that the federal government passed. So a lot of time and effort went into those. That will continue until those funds are spent, probably through 2025 or so. These grants have complex and unique rules as well. So your management team has to be on top of all of these unique and complex rules in order to have the clean opinion like you-all have received. May 9, 2023 Page 59 So the fact that you-all were able to administer these funds in the way that you did is a big -- you know, a big pat on the back is owed to your folks within all the departments that administer these dollars. We have a lot of clients that did not do their due diligence in administering some of these funds. I mean, you can see the headlines. You can read the news around the country with some of the after-the-fact issues that have come about with some of these funds, or you can read their audit reports and see some of the findings that come out there. Your personnel did an excellent job of making sure that all the Ts were crossed, all the Is were dotted, and even when there were questions on some of these rules, they did an excellent job of contacting us to ask those questions and put together memos and positions papers for us to read through before making certain decisions on if they were in line with the compliance and the requirements. So, you know, that is a big testament to the work that went into these programs, into these funds by your management team here. And then the second bullet we have here -- and, obviously, this is no surprise to anyone -- the Hurricane Ian's impact on the county's financial statements and the audit. A hurricane is always, you know, a challenge to get through, but especially for us accountants and auditors with a September 30th yearend. And when the hurricane hits in September right before that yearend, that adds a whole other complexity to things and adds a little bit of wrinkle into the process. So there were two main factors of that besides just kind of the normal impact that the hurricane had on the county. But from an accounting standpoint, your team has to look at all of the capital assets owned by the county to determine if they were impaired. And I'm not going to get into the accounting rules of impairment but, essentially, if those assets were damaged in a way that could impact May 9, 2023 Page 60 their service capacity going forward, they would need to be written down in the financial statements whether they were repairable or not. So a full-scale review had to be performed not only for insurance purposes and FEMA purposes, like you-all were doing to just respond and react to the hurricane but, from an accounting standpoint, it had to be looked at from that lens as well to determine if the financial statements needed to be adjusted at yearend. So that was a big effort by management to do that, and then we had to audit that information and make sure that it was done appropriately. So big, big effort and lift from that standpoint on the county's side, but then just the impact of the storm in general on county operations and within all of the personnel that have a part in this audit, at the departments, within the finance team, within the Clerk's Office just to pull together yearend numbers and to then respond to our audit requests while dealing with, you know, county operations and responding and recovering from the hurricane as well as what was going on in their personal lives. The fact that we're sitting here today in early May delivering this report, it's, again, a testament to your team here for the effort that they put in to get us to this point. There are a lot of peer governments around the state and around the country that have natural disasters that aren't able to get their reports out as quickly as you-all did after that has happened. So, again, I want to stress that, that that is a testament to the effort and to the folks that you have working for you here within your teams to get us to the point that we are today. So I can tell you we appreciate it, because it helps us do our job as well. So, you know, a big thank you again to all the team members here. But with that said, that is really what I wanted to cover here. And, you know, I -- I apologize. I forgot to introduce Alex Mitchell, May 9, 2023 Page 61 who's also with me. She was the manager on the engagement. So I know some of you met Alex or have seen Alex throughout the process, and, you know, she's the one who's answering -- excuse me -- asking a lot of those questions and dealing with a lot of the requests, so she's doing a lot of the hard word, so she deserves a thank you as well, as well as the Clerk's Office. CHAIRMAN LoCASTRO: Yeah, we know. We got that. Yeah, we all heard that. No, I'm just kidding. Thanks, Alex. I have a comment and a question, and then I'm going to go to -- if anybody's lit up. My first comment is, I really appreciate how you've said that our county staff really did their due diligence in managing federal funds properly and that, you know, a lot of counties maybe sort of were a little sloppy, because I can tell you, it was a little while ago we were sitting in this very room, and a lot of those staff members from the county were getting beat up by citizens saying, wow, if you're down in County X, you know, they're handing out money like candy, and you guys have such a difficult -- you know, you have this -- you've invented your own process, you know, to make it more difficult to gain access to those funds. And our reply over and over is, no, we're using the process that the federal government gave us. Some other counties are streamlining some things with their own homemade applications, but that's going to come back to bite them. What I'm hearing from you is, it came back to bite them. So, you know, that will get lost in the headlines in the newspapers. But way back when, there was a lot of stuff in social media and even in print media here in the county saying, you know, Collier County isn't handing out money fast enough. I mean, that was an actual article. I don't think I'm overexaggerating. And, you May 9, 2023 Page 62 know, to hear, you know, all this time later an audit say, "good onya," you know, to your staff. It wasn't a matter of not handing out money quick enough. It was a matter of doing it properly. And then, lastly, it's a question for you. And you might not have the answer. I don't mean to put you on the spot. It was there one best practice that just jumps out so you can throw an "attaboy" to, you know, our staff that maybe it's buried in the report? And we'll all eventually read it. But is there something that you're walking away here going, wow, you know, we're taking that as a best practice to every other county we go to because it was -- you know, whether there were one or two or just something that you could give us a short version that was actually very impressive? MR. KESSLER: I will say the one thing that we always have and one of our takeaways that we always have working with Collier County is the level of due diligence and effort that goes into your disbursements and your review of those invoices and transactions and the cleanliness of those files by the time we get them. You know, a lot of times from an audit perspective, we'll ask for support, and it's maybe half completed or it's, yeah, go find it in this 30-page PDF, if you will, and we have to go search for it. You-all never have that challenge provided to us or -- you know, everything is very clean. Everything is always signed off, approved, very diligently reviewed in what we look at. And it allows us not only to do our work quicker, but it makes it more enjoyable to do what we're doing as well on a day-to-day basis when we know everything's going to look good when we receive it. CHAIRMAN LoCASTRO: Clerk of Courts, your staff and lots of other people, too, but, thank you. I appreciate that. Commissioner Saunders. COMMISSIONER SAUNDERS: Thank you, Mr. Chairman. Obviously, this type of report doesn't just come out of thin air. May 9, 2023 Page 63 It's due to the leadership of the Clerk's Office, Crystal Kinzel, and, of course, Derek Johnssen, in terms of their leadership and the other staff there. So congratulations to the Clerk and to her staff for this report. I will also say the relationship between the county and the Clerk has not always been positive. Now, the relationship between the county and the current clerk has always been positive; certainly for the last seven, eight years. And I say that because all of us up here, all the five commissioners and our county manager and her staff understand how important the role of the Clerk is in doing the post and preaudit function and making sure that these reports are clean reports. So I just want to say to the Clerk, thank you. Congratulations on this type of report. It says a lot about your operation. It's positive for us as county commissioners to have this report as well. So just thank you as well and congratulations on that. And thank you, sir, for the work that you've done for the Clerk's Office and for the county. MR. KESSLER: My pleasure. CHAIRMAN LoCASTRO: Great. COMMISSIONER SAUNDERS: And I'll make a motion to accept the report. I know that we don't have to formally adopt it, but I think we can go ahead, on a voice vote, to accept the report as presented. CHAIRMAN LoCASTRO: Okay. I've got a motion. I'll second. All in favor? COMMISSIONER HALL: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN LoCASTRO: Aye. COMMISSIONER KOWAL: Aye. COMMISSIONER SAUNDERS: Aye. May 9, 2023 Page 64 CHAIRMAN LoCASTRO: Opposed? (No response.) CHAIRMAN LoCASTRO: It passes unanimously. Thank you. MS. KINZEL: And if I could, just one -- thank you so much for the accolades. I do have a fantastic staff, but all the difference in the world comes from the relationship with county staff. We're able to pick up the phone; they pick up the phone. We're going to keep these to the caliber that you appreciate. I also can't let it go that we now have, from the accounting and finance side, a trifecta, so to speak, the ACFR, the PAFR -- a lot of acronyms -- and the budget. We have won the national award from the Government Finance Officers Association for consecutive years. This was our very first publication of the Popular Annual Financial Report, and it was also recognized. So we've added that third leg. That's the best you can do with the national association, and that's all due to the great staff on both sides. So appreciate the recognition. CHAIRMAN LoCASTRO: Great. Thank you. MS. KINZEL: And we do have good auditors, I have to admit. They do have a lot of questions. So thank you. CHAIRMAN LoCASTRO: Okay. County Manager, where are we going next? Item #11C – Moved from Item #16A18 (Per Agenda Change Sheet) AN ECONOMIC DEVELOPMENT AGREEMENT WITH PFPI OZ, LLC, (PIKUS) FOR THE PROPOSED PROJECT “CENTRO” FOR REIMBURSEMENT OF UP TO $788,878.56 IN ACTUAL EXPENDITURES FOR SANITARY SEWER, DRAINAGE, IMPACT FEES, AND BUILDING PERMITS FOR May 9, 2023 Page 65 CONSTRUCTING A MIXED-USE DEVELOPMENT HEADQUARTERS IN THE GOLDEN GATE CITY ECONOMIC DEVELOPMENT ZONE (GGEDZ) FINDING THAT THIS APPLICANT IS A TARGET BUSINESS QUALIFYING FOR THE INCENTIVES SET FORTH IN THE GGEDZ ORDINANCE - MOTION TO APPROVE BY COMMISSIONER SAUNDERS; SECONDED BY COMMISSIONER MCDANIEL - APPROVED MS. PATTERSON: Commissioners, we're going to go to Item 11C, formerly 16A18. This is a recommendation to approve an economic development agreement with PFPI OZ, LLC, for the proposed project "CENTRO" for reimbursement of up to $788,878.56 in actual expenditures for sanitary sewer, drainage, impact fees, and building permits for constructing a mixed-use development headquarters in the Golden Gate City Economic Development Zone finding that this applicant is a target business qualifying for the incentives set forth in the GGEDZ ordinance. This item was moved from Item 16A18 to the regular agenda by Commissioner Saunders' request. CHAIRMAN LoCASTRO: Okay. Commissioner Saunders. COMMISSIONER SAUNDERS: Thank you. There's no issues with this. I wanted this off the consent agenda so we could talk a little bit about it, especially for the new commissioners that we have that were not part of the initial process to create that Economic Development Zone and some of the projects and things that we've been working on for a number of years. This particular project is the first new project pursuant to the overlay, the zoning overlay that this board approved. And it's a beautiful building. The renderings in the package are really nice. It's going to be probably one of the nicest, if not the nicest building in that Economic Development Zone. May 9, 2023 Page 66 And my goal was, in creating -- in asking the Board to create this Economic Development Zone and to do this overlay was to start the process of improving the commercial district along Golden Gate Parkway. And so this project certainly fits the category of projects that I think can help jump start more development along these lines. This will be a first-class office building with a first-class restaurant on the first floor. The -- I can tell you from a meeting that I've -- a couple meetings I've had in Golden Gate City, the folks that are active civically there are very excited about this type of project, doing things that will help improve that overall area. In addition, one of our goals is to get as many people off of septic systems as possible. This particular project will be providing a sewer line to this project, so this project will not be on a septic system, but there will also be seven other commercial properties that will hook into that sewer line, and other residential -- multifamily residential areas out there that will be able to hook into this. I've talked to Dr. Yilmaz about making sure that these lines, when they're put in, the service lines are sufficient to hook up any other developers and development that would be going into this area. Again, with the goal of eliminating septic systems. This project is right on a canal. I think they call it the Santa Barbara Canal, if I'm not mistaken. The restaurant will have seating that is on a deck that will actually be over part of the canal. It will be very nice but, more importantly, it will help eliminate runoff and seepage from septic systems that are polluting that canal. It will help -- it won't solve the problem there, but it will certainly help. So I just wanted the Board to understand that this was -- this is part of a long-term project. Hopefully it will be a springboard for others coming hopefully more quickly. This has been a couple years in the making, but at least we got the first one ready to go. May 9, 2023 Page 67 So I make a motion to approve this project and the funding for this project. CHAIRMAN LoCASTRO: Okay. I've got a motion to approve. Do I have a second? COMMISSIONER McDANIEL: Second. CHAIRMAN LoCASTRO: Motion to approve and a second. All in favor? COMMISSIONER HALL: Aye. CHAIRMAN LoCASTRO: Aye. COMMISSIONER KOWAL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER McDANIEL: Wait. CHAIRMAN LoCASTRO: Oh, sorry. Commissioner McDaniel, I didn't see you light up there, sir. Go ahead. COMMISSIONER McDANIEL: I did. I had a question, and it had to do with the rate of return on the term of this reimbursement. How long -- and I think I asked this question on Friday during my one on one. So we have an estimated time for the -- for the reimbursement to come back? MS. PATTERSON: So when we calculate these rate of returns, there's a couple of different things that we're looking at. So if we simply look at the investment of just under $800,000, then divided by the increase to the tax base -- and it is a substantial increase. They're proposing an investment, absent the infrastructure and the other fees, of about 4.5 or $4.6 million. And that, you know, may be shy of what it actually costs to construct this. Now, the payback on something like that, just considering the increase in taxes if you look at the county portion, would be over a longer term. But the interesting part about this project is the accessory benefit, and that is the extension of those sewer lines allows different types of commercial to be able to be constructed as May 9, 2023 Page 68 well as the benefit to any of the residential properties -- multifamily is what they are -- to be used in different ways. So when we were considering that -- I've done dozens of these types of tax runouts and TIF runouts looking to try to recapture within 15 to 20 years. It can be exceptionally difficult when we're only considering the portion of the millage that we have control over. However, in this case, I think when we really get our arms around the benefits to the surrounding properties, we are within a reasonable window of that recapture. And the second part of this is is the catalyst effect of a business actually taking part in the Economic Development Zone and then that encouragement that will occur as it starts to hopefully ripple down the corridor. So I'm sorry that we don't have an exact time, because it's really going to -- this one being the first to go, is really going to set the stage for those things to come. COMMISSIONER McDANIEL: Okay. Well, going forward, then, I would like to have the recapture on that that we do have control over. We're all aware, as Commissioner Saunders, stated that there's a lot of ancillary benefits to providing this, but I also -- I also -- from a term standpoint, I'd like to have that data. MS. PATTERSON: Understood. COMMISSIONER McDANIEL: We don't have to have it today. You can just tell me sometime. MS. PATTERSON: Understood. And as we get our arms around this particular project, we can most certainly report back on that. But we understand, and it will -- the picture will become clearer as we work in this zone more. Jamie? MR. FRENCH: Commissioners, again, for the record, Jamie French with -- your Growth Management and Community May 9, 2023 Page 69 Development department head. I appreciate what you're saying, Commissioner McDaniel. You're absolutely right, there is a large ancillary return that is -- that is typically not considered. This is -- this will impact 15 properties, so there's eight residential properties that this will affect as well. So what we'll see is we'll see improved, beyond the -- beyond the environmental consideration, we'll also see more value of the property for redevelopment. And this really does grasp the spirit of what the Board had adopted with the Golden Gate City overlay, to promote this type of regeneration of dollars, of interest. And we're continuing to get lots of calls -- and this is the first Class A facility that we've seen of many to come is what we expect. So we will bring that back forward going forward in our calculations -- we'll bring that back going forward with our calculations for any further considerations that you would -- you would have in front of you. COMMISSIONER McDANIEL: Sure. I wasn't nit-picking. I just -- when I was reviewing the Board package, I had a note here as to what the actual payback is with the control -- or with the dollars that were coming back to the county with the enhancement of the value of the property that is being developed, so that was -- that was where I was going. CHAIRMAN LoCASTRO: Commissioner Saunders. COMMISSIONER SAUNDERS: Just real quickly. I certainly understand the issue in terms of rate of return. That's really not the issue in terms of what we're trying to accomplish there in terms of a rate of return on that actual dollar investment. And we do that a lot. I think, if I'm not mistaken, we waived impact fees in certain types of development in the Immokalee area. I believe that's an ongoing project. I'm not sure how many people have taken advantage of that. But I don't know that we've tried to calculate a rate of return on those May 9, 2023 Page 70 dollars that are there to help assist some redevelopment in the Immokalee area. I only mention that I don't know that we really focus too much on rate of return on this type of an issue. So as this goes forward, I know you're going to be coming back with a calculated rate of return, and it may show that it's going to take 50 years to get a return of investment. That's not really the controlling factor. If you just look at those dollars going to that specific project, what's the rate of return from that specific project is not the whole picture, and I think we do that a lot. So I just want to make sure the Board, at least from my perspective, understands that, you know, that rate of return is not the sole issue that we're concerned about here. It's the impact on the overall community that we're trying to improve. MS. PATTERSON: Commissioners, we understand. And to your point, absolutely. So in the past in our more in-depth economic development programs, rate of return on a straight line is only one factor that's looked at because you have all of the spin-off business as well as the impact of those visitors and those employees. So it is a -- it is a complicated thing to analyze, starting, of course, easily, with how much we're giving and how many we're getting back. But there is -- there are at least 10 other factors that would have to be considered in any of this analysis. CHAIRMAN LoCASTRO: Okay. We did have a motion and a second to approve the recommendation of the economic development agreement. All in favor? COMMISSIONER HALL: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN LoCASTRO: Aye. COMMISSIONER KOWAL: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN LoCASTRO: Opposed? May 9, 2023 Page 71 (No response.) CHAIRMAN LoCASTRO: It passes unanimously. Where we going next? Is it 11E? Item #11E – Moved from Item #16F2 (Per Agenda Change Sheet) A SECOND AMENDMENT TO VACANT LAND CONTRACT BETWEEN COLLIER COUNTY AND DAVID LAWRENCE MENTAL HEALTH CENTER, INC., THAT EXTENDS THE APPROVAL PERIOD ONE YEAR - DUE TO AN UNEXPECTED DELAY IN FINALIZING THE REZONING OF THE UNDERLYING PROPERTY - THE TIME TO OBTAIN THE NECESSARY SITE DEVELOPMENT PLANS - MOTION TO APPROVE BY COMMISSIONER SAUNDERS; SECONDED BY COMMISSIONER LOCASTRO – APPROVED MS. PATTERSON: Yes, Commissioners. This -- next up will be Item 11E, which was formerly 16F2. This is a recommendation to approve a second amendment to Vacant Land Contract between Collier County and David Lawrence Mental Health Center, Inc., that extends the approval period one year -- due to unexpected delay in finalizing the rezoning of the underlying property -- the time to obtain the necessary Site Development Plans. This item is being moved at Commissioner McDaniel's request. And we have Mr. Ed Finn, Deputy County Manager, here to answer questions. CHAIRMAN LoCASTRO: Sir. COMMISSIONER McDANIEL: And I -- MR. FINN: Thank you, ma'am. COMMISSIONER McDANIEL: Do you want to go first or do you want me to say what I'm looking at here? May 9, 2023 Page 72 I just -- I wanted -- I wanted this item to come up for a discussion because I'm hearing other things that are going on other than just this rezone of this piece of property. I'm hearing of excess expense associated with the construction of this facility. I'm hearing about an adjustment to the available beds that were diagnosed to be part of this central receiving area in order to fit the budget constraints that were established for the construction of this facility, and I'm concerned that we're heading down a path where we're just -- we're extending this out. And the construction costs are not going to go down, and we're still not going to necessarily meet the need, and we're going to be further down a rabbit hole. MR. FINN: Yes, sir. Edward Finn, Deputy County Manager. This project is moving forward and, as we would expect, with the recent addition of our construction manager, they've provided a resource for us to look at the budgets being developed by the architect, which has allowed us to look at those very hard, take out some of the -- and I'll refer to it as "nice to haves" or gingerbread at this point, and allow us to focus on the programming of the facility so that we can best achieve the overall goals. The bed issue is one that needs to be worked through with the delivery team. There certainly is pressure from David Lawrence, our partner in this, to add additional Medicare or hospital-type beds, and that does have a significant impact on the ultimate cost of this facility. I think the Board has been told that right along. It has been a matter of some debate just what that number should be, and that continues to be discussed and evaluated particularly now that we have that construction manager expertise on the actual costing of the project. CHAIRMAN LoCASTRO: Are your concerns such that you want to delay this and have David Lawrence Center here, or you just wanted to highlight some of the things that you, you know, feel we've got to make sure we continue to discuss and not fall through the May 9, 2023 Page 73 crack? What are your thoughts? COMMISSIONER McDANIEL: Well, my thoughts are we still haven't seen -- I still haven't seen an actual construction cost for the facility. I still haven't seen an O&M, operations and maintenance, budget that's coming from this facility at all, and we're extending the zoning process, which -- which it's going to continue on with -- with the development of this project and not having all of the data. I just -- I just see us -- I see us getting to a point where we've invested so much we can't -- we can't reverse the circumstances. MR. FINN: Well, if I may, this project, as you know, is a surtax project. The surtax list of projects was developed in 2017. It was developed in such a way as to establish the community priorities. And I think I've told this board before, I have no way of knowing how much effort went into developing the individual estimates at that point in time. So when I look at that particular budget, the budget is $25 million in the surtax program. Like many of the projects there, is it going to cost more because it was developed five, six years ago. We've had unprecedented inflation, supply chain, COVID. The answer is, yes, we don't need to look any further than the Vanderbilt Beach Road extension. It wasn't so long ago that project was seen as a $70 million project. That project was let with the benefit of commercial paper to plug the paper hole in the budget at in excess of $150 million. The fact that that has a larger price tag in no way diminishes the requirement to build that road. And while I certainly hope that this project does not have that substantial an increase, I expect at a minimum a 30 or a 40 percent margin on the original estimate developed in 2017, and that is likely to be compounded by the community needs as they're envisioned presently and as this board May 9, 2023 Page 74 approves when they ultimately see the project. So that's my way of saying, sir, I acknowledge your concerns. I have confidence that with our partner, we'll work through these, and we'll have an opportunity to present it to the County Manager and ultimately to the Board who will have alternatives presented to them when they see this budget. CHAIRMAN LoCASTRO: Commissioner Saunders. COMMISSIONER SAUNDERS: Thank you. I certainly don't want to delay this item. But I will say a couple things, because I think it's going to become apparent that this project probably will cost more than the 25 million that was allocated. And as Mr. Finn has pointed out, probably most the projects in our sales tax project list are going to cost more than what was anticipated at the time. That's the bad news. The good news is that our sales tax collections, when we cease collecting, when we reach that $490 million number -- and I think 70 million of that went to the cities. So when we reach that $420 million number and that 490 number, we continue to collect that sales tax for the remainder of the year in which that number is arrived at. And that might -- I'm not sure if that's this year or if it's going to be in 2014. So our sales tax collections will be in excess of the numbers that we had estimated. I don't know how much, but that's something that -- and Mr. Finn may have a little bit of a handle on. In addition, there are some projects in there where there will be some savings. I'll give you one example. We have $15 million set aside for the vocational education facility. Well, it turns out that a gentleman that I know donated property to the county, donated a building and land for -- to the county to use as we see fit. That happens to be in Golden Gate City. It's that white building that's empty there. Staff has evaluated that building. The building is May 9, 2023 Page 75 structurally fine. It needs to be remodeled. There's plenty of parking there because there's an agreement to have that -- that whoever owns that building can use 200 parking spaces there. The school district has been contacted. They like that location. They like that building. And so instead of costing $15 million to build a building for a vocational education facility, it's probably going to be more like 5 million, maybe a little less, to renovate and provide what's needed for that facility. So there's going to be an opportunity to move some money around is the point that I'm making. This $25 million for this project -- this project is very, very important for this community, and I'd hate to see us stumbling along because there's going to be an increase in cost. None of us want to spend more money than we have to, but there are some projects where -- as pointed out by Mr. Finn on Vanderbilt Beach Road, there's some projects where they cost more, but that doesn't diminish the need to go and proceed with them. So I think we may have some flexibility. If there's a few million dollars in sales tax needed for that, I think we can sharpen our pencils and find it, quite frankly. So I don't know if there's been a motion to move this forward. If there hasn't, I'll make a motion to move this item forward. CHAIRMAN LoCASTRO: Commissioner Hall's lit up. Commissioner Hall. COMMISSIONER HALL: I just want to make a comment. You know, to kick this down the road or to allow it to go down the road another year, it kind of frustrates me. I mean, we're the county. We're the ones that are applying for the SDP approval. And then I'm reading, due to an unexpected delay. And in all these things, we hear, due to supply-chain issues, due to inflationary costs, due to -- it always seems like it costs the county money because of May 9, 2023 Page 76 these things that happen. I would like to see our posture and our intensity become more purposeful in getting these things done so that it doesn't cost us money down the road so that in a year from now we're not reading, oh, due to this and due to that, we're exceeding the $25 million, and now we want the taxpayers to pay this. And I just want to go forward with a more business-like -- you know, or an urgency to get this thing done. Commissioner Saunders said this project is important to the community. It was obvious. And so I would like to see our intensity and our purpose increase and become more purposeful and more driven to get these things done so that we don't -- we don't have these kind of conversations later. MR. FINN: And if I may, sir. And I appreciate your comments, and they're right on. One of my pet peeves is, frankly, when we look at government bureaucracies and every change that all of us can see as plain as the nose on our face they call unexpected or unplanned. In this case, I will say to you that there were substantial delays in achieving our zoning on the property. The zoning is a critical milestone and be able to achieve our SDP. So the zoning was necessary to complete the design. The design is necessary to complete the SDP. And if I may just add a bit more. The contract as it deals with this particular time specification was a little bit inartful in that it basically siamesed the zoning date with the SDP date. Reasonably speaking, it should have been zoning, then 12 months from zoning to get the SDP. And, effectively, that's what we're doing here after the fact. CHAIRMAN LoCASTRO: You know what I would have just liked to see, in these agendas when we have unexpected delays or they're asking for the fifth extension -- and I've said this before -- a little bit more detail, like an extra sentence that defines it not only to May 9, 2023 Page 77 us when we go over this agenda, but this agenda's released to the public. If I was, you know, Joe Schmitt, you know, Joe Johnson, whatever, you know, out in the community and I wasn't following this as closely as we follow it, and I was just sort of perusing this, my takeaway would be exactly what Commissioner Hall is basically implying is, geez, this one county, man, they kick the can everything on. They have an unexpected delay for this. If it said unexpected delay due to, you know, bats and arsenic like we said on the golf course, all right, okay -- you know, let's not hear bats and arsenic too many more times. That was a one-time deal. But there are some, you know, extenuating circumstances. But also, too, I'd like us to take the responsibility of saying, if it was the county, you know, dropping the ball, I mean, it's not -- we're not trying to throw people under the bus, but if we say, you know, we missed a deadline or, you know, we didn't do something, let's be transparent to the public and also to all of us up here. You know, this one I know has a bunch of extenuating circumstances. And I agree with Commissioner Saunders, I don't want to delay this one any more artificially. But a lot of good points have been, you know, brought up here that this one really needs to be monitored extremely closely. But I would second the motion, you know, to pass the -- to approve this second amendment, unless anybody has any objection. So I have a motion and a second. I think we've all brought up great points that we're looking for, you know, homework assignments from the county to keep us fully informed. But I have a motion and second. All in favor? COMMISSIONER HALL: Aye. CHAIRMAN LoCASTRO: Aye. COMMISSIONER KOWAL: Aye. May 9, 2023 Page 78 COMMISSIONER SAUNDERS: Aye. CHAIRMAN LoCASTRO: Opposed? COMMISSIONER McDANIEL: Aye. CHAIRMAN LoCASTRO: Okay. It passes 4-1. MR. FINN: Thank you, sir. CHAIRMAN LoCASTRO: Where can we go next? MS. PATTERSON: Commissioners, the remaining items are both to be heard no sooner than 1:00 p.m. We can go to staff communications if you feel like that's appropriate now, or we could take an early lunch or a little bit extra time for lunch and come back at 1:00, take care of those items, and move through the communications section of the agenda. COMMISSIONER HALL: Let's do staff. CHAIRMAN LoCASTRO: Yeah. I think we can go to staff. You know, let's make use of the time. MS. PATTERSON: Sure, absolutely. So that brings us to Item 15, staff/commission general communications. We can ask now about public comment on general topics not on the current or future agenda and, Troy, we can ask again at the end in case anyone's planning on coming. MR. MILLER: Sounds good. MS. PATTERSON: So nobody now? MR. MILLER: No. Item #15C STAFF AND COMMISSION GENERAL COMMUNICATIONS MS. PATTERSON: We don't have any staff project updates, so that brings us to Item 15C. That's staff and commission general communications. May 9, 2023 Page 79 I do have one item relative to our trip to the veterans -- state veterans nursing home. We have had a little change in plans, and we're now requesting a workshop on the state veterans nursing home the same day that you've all reserved on your calendars. That's for Thursday, May 25th, in the afternoon from 3:00 to 5:00 here in the boardroom. This is instead of all of us going on the road trip. This allows participation by the state veterans nursing home representatives, allows for participation for the public and anybody that may want to that would not have been able or prudent to do taking them to a nursing home. So with your -- CHAIRMAN LoCASTRO: What time would we start that? I'm just looking at my calendar here. MS. PATTERSON: Three o'clock. We had planned that whole day to be blocked. We do have another -- Code Enforcement Board is in this room that day, so the earliest time we could be in here is at 3:00. CHAIRMAN LoCASTRO: Okay. MS. PATTERSON: And I don't know if Mr. Mullins has anything to add to that, but he's sitting back there. CHAIRMAN LoCASTRO: Okay. COMMISSIONER McDANIEL: Have you sent out a memo to our aides to make sure that that's all made our calendar? MS. PATTERSON: So your calendars were all reserved from, basically, 8:00 in the morning until 8:00 at night for us to all drive together over to the other coast and then come back. So we will reverify with your -- oh, here comes John. We'll reverify with your aides. But as of my last check, nothing had changed with that. Hi, John. MR. MULLINS: The short answer is, correct, yes, we did send out a notice to your aides for the calendar purpose to let you know of the start time at 3:00 p.m. on that date and what the potential agenda May 9, 2023 Page 80 would be. And as the County Manager stated, this will allow the additional participation of representatives from the Department of Management Services, who will be the project managers, it will allow Easter Seals, who operates adult day healthcare facilities for FDVA, to also participate, including Orcutt/Winslow, the architects that have designed many state veterans nursing homes across the country, they'll be on there as well, as will FDVA to talk about funding and timeline next steps. CHAIRMAN LoCASTRO: Can you send that out as a calendar invite? I think the email that you sent out was more of a, like, informative, and it was giving us a heads-up, but it wasn't an "accept," "accept," "accept." So that sort of just makes sure it doesn't fall through the crack, you know, in our calendars, if everybody's in agreement. COMMISSIONER McDANIEL: It's on my calendar. CHAIRMAN LoCASTRO: Yeah, it's on mine, but it's on there sort of -- I don't think it says -- I don't think it's like -- MR. MULLINS: I think I sent it out both ways, but I'll double-check to make sure. CHAIRMAN LoCASTRO: Okay. Sounds good. COMMISSIONER McDANIEL: I'll be here. CHAIRMAN LoCASTRO: All right. Any questions on that? (No response.) CHAIRMAN LoCASTRO: Okay. What else? MS. PATTERSON: Okay. Thank you. We do have the committees that have been advertised, and I'll look at Mr. Klatzkow to fill in the blanks here, but we've had some inquiries about our citizen group for the Army Corps. We've received -- and I'll look to the back of the room if Mr. French has anything to add, but I know that we have received many applications. They're being reviewed now and prioritized, that way they can come May 9, 2023 Page 81 to you for your review. But I know you wanted an update on that; is it moving forward? And we continue to it get -- I have been receiving emails, and you probably have, too, about people that have submitted their names. Mr. French, come up here. CHAIRMAN LoCASTRO: So the makeup of that group would be at least one person from every district, right? So we'd have representation -- I'm sorry? COMMISSIONER McDANIEL: Total of seven. CHAIRMAN LoCASTRO: Yeah. COMMISSIONER McDANIEL: Five and -- CHAIRMAN LoCASTRO: And then two alternates -- MS. PATTERSON: Two at-large. CHAIRMAN LoCASTRO: -- and then, you know, okay. COMMISSIONER SAUNDERS: Could you make sure that there's a representative from the City of Naples on that? I know there are two at-large, but -- COMMISSIONER KOWAL: I know they asked. COMMISSIONER HALL: We do have an application coming from the City of Naples that I know of. CHAIRMAN LoCASTRO: Yeah. I mean, I think we all got that email. MS. PATTERSON: We do, and they'll -- yeah, I think there was maybe a little confusion surrounding that email. But I believe that's what it was in reference to. And all of you are going to have the opportunity to look at those candidates and decide the makeup. So not only Commissioner Kowal's, which is partially in the City of Naples, but there are also the opportunity for the two at-large. I would assume the same for Commissioner LoCastro, as he represents Everglades -- or Marco, and Commissioner McDaniel, who represents Everglades. May 9, 2023 Page 82 Now, we do a lot of legwork for Everglades just because of their size. We try to provide that technical assistance to them. But want to make this an inclusive process. I'm looking to Mr. French to see what type of visibility he has on those applications. CHAIRMAN LoCASTRO: One of the things -- I just want to make a comment, and it's just -- you know, we haven't seen any applications yet. But, you know, when you put a committee like that together, you want some cohesion and some, you know, different experience levels, but we also -- this is just me talking -- you've got to make sure that you don't put, sort of, you know, a General Norman Schwarzkopf on the committee and then a bunch of citizens so that you have two or three that are -- have very big roles in the county, and they can tend to sort of overshadow the discussion because they have some sort of, you know, personal interest, so that person sending a representative of a particular group or district or what have you, but that's what I'm going to be looking for. It's like, you know, folks that have the background, the depth so they could have good discussion but you don't have two or three people that stand out as extremely senior, you know, higher-level folks that could tend to maybe dominate that conversation. And that's hypothetical. You would hope everybody would be professionals. But like you said, I think we're getting a lot of applications, so we have great choice here. In the end, I don't think it's a matter of picking, you know, individual folks that we think would be good but looking at the entire team and say, are we really putting an all-star team together that represents, you know, a great cross-section of not only the county, but, you know, also would work well together, and there's not sort of two or three standouts that might be sort of, you know -- maybe, you know, one of these things is not like the others, you know, type of thing. Just a thought. May 9, 2023 Page 83 MS. PATTERSON: Understood. And the other thing is, these will be public meetings. So while you're only choosing seven, it doesn't eliminate the ability for any interested party to participate. They also are going to have an opportunity to continue to interact with the Board, with the Corps, with our CAC, and with our TDC. So there are multiple places where the public can engage, including this committee. So I just want to keep getting that message out there that this is meant to be an inclusive process. This is not meant to leave anybody out no matter what their stance is on any part of these projects or not. There's space for everybody to participate. CHAIRMAN LoCASTRO: They don't have to be part of the committee -- MS. PATTERSON: No, they do not. CHAIRMAN LoCASTRO: -- to speak. Commissioner McDaniel. COMMISSIONER McDANIEL: Well -- and that goes right in line with when are we going to close the portal for applicants? MR. KLATZKOW: We're still waiting for an application from District 1, but we can close it -- CHAIRMAN LoCASTRO: We have no applicants from District 1? MR. KLATZKOW: No. CHAIRMAN LoCASTRO: Okay. I'll take care of that. COMMISSIONER McDANIEL: And so I would like a term to be put on the portal so that we close it, and if we don't have anybody from any one particular district, I don't want to hold it waiting for someone. It's imperative -- the rationale behind the creation of this group was to disseminate the truth when we're already being bombarded with nontruths and misnomers and fearmongering that's going on May 9, 2023 Page 84 throughout the community. And I want that to be quelled as much as is physically possible, and the creation of this committee as an oversight to disseminate the truth is imperative. MR. KLATZKOW: And when would you like us to bring it to the Board? Because then I'll backdate the portal deadline. COMMISSIONER McDANIEL: I would like us to pick at our next meeting. COMMISSIONER HALL: Yeah. MR. KLATZKOW: Okay. CHAIRMAN LoCASTRO: Yeah. And even though you're saying, like, you haven't gotten anything -- so I'll work with you on District 1 and make sure that we do have some applicants -- MR. KLATZKOW: If you have an applicant, just have her call my aide. CHAIRMAN LoCASTRO: Got it. MR. KLATZKOW: We've done that before, and we'll walk them through it. COMMISSIONER McDANIEL: And the same goes -- you mentioned two committees, and that's the other -- MS. PATTERSON: East of 951. COMMISSIONER McDANIEL: 2.0. MS. PATTERSON: 2.0. COMMISSIONER McDANIEL: East of 951, 2.0. And I'd like that to come to the Board as well so that Commissioner Saunders and I -- I think we should be the lead on that organization as far as picking the folks that are going to serve on that with ratification from the Board, so... MS. PATTERSON: And I'll look to the County Attorney on that one. He may have to update you on where we are with applications for that and when it closes. I'm less up to date on that than I am on the Corps. May 9, 2023 Page 85 MR. KLATZKOW: Yeah. I don't know that we have that many applications, sir. I can get you the number. COMMISSIONER McDANIEL: All right. MR. FRENCH: Commissioners, if I might, for the record, Jamie French with Growth Management and Community Development, your department head. Currently we have 13 applications. And we are doing exactly that, as this -- as we've -- COMMISSIONER McDANIEL: Thirteen applications for -- MR. FRENCH: For the Army Corps. COMMISSIONER McDANIEL: For the Army Corps. MR. FRENCH: And so currently we have active. We'll wait -- so that will be 14. And then what we are prepared to do next week, Chris Mason and I as well as Howard Critchfield, who's leading this project, we're actually going to go through, and we're going to point out the benefits for each candidate on what they might offer. And I do know that we did have a couple that may interest Commissioner Hall, at least, for Pelican Bay, because we don't know that they've got a great deal of coastline and, of course, they're going to be vitally important to this process, their input, as well as they're going to have a heavy level of interest. So we will bring that back to you at the next meeting for your consideration with a staff update. And, again, we've got both a professional engineer long term with Chris Mason as your resiliency and community planning director. Myself and Mr. Bosi and Ms. Cook will all be very much involved with this process on how there's added value for different candidates from both the technical aspects, community aspects, but also the environmental aspects. CHAIRMAN LoCASTRO: Commissioner McDaniel. COMMISSIONER McDANIEL: Yeah, just to -- and if you May 9, 2023 Page 86 would, give me an update on the East of 951 2.0. I'll announce it tomorrow night at the "Evening with the Commissioners." And then, Commissioner Saunders, if you would also as well let out to your folks. We'll see if we can't get that wrapped up as well. MR. KLATZKOW: And my aide tells me there are eight applications. COMMISSIONER McDANIEL: Eight, okay. MR. FRENCH: And with that, Commissioners, we've named Parker Klopf, who is a senior -- I'm sorry. He's a principal planner, a Planner III with us. Good news about Parker, Parker grew up here. Boy, I've known -- I've been here a long time. I've known Parker since he was a little kid because his mom, Wendy, works over with our Human Services Department. But he's a fine young planner. He works for Mr. Bosi, and he'll be working along with Ms. Cook, myself, and Cormac and Sarah, so we'll be there as his backstop. But we think you're going to be awfully pleased with Parker going forward as the liaison for your 2.0 East of 951. COMMISSIONER McDANIEL: Very good. CHAIRMAN LoCASTRO: Okay. MS. PATTERSON: That's all we have from County Manager's Office. County Attorney. MR. KLATZKOW: Nothing, thank you. CHAIRMAN LoCASTRO: Commissioner Hall. COMMISSIONER HALL: I was just going to say, is the 16th, next Tuesday, too soon to close the portal so that we have it for when the agenda comes out? COMMISSIONER McDANIEL: For the -- COMMISSIONER HALL: For the Army Corps of Engineers. COMMISSIONER McDANIEL: For the Army Corps ? MR. KLATZKOW: We're going to bring -- my understanding May 9, 2023 Page 87 is we're bringing the executive summary for the Board appointments at the next meeting, correct? Yeah. We'll close the portal -- we'll keep the portal open till the last possible moment for that so you get all the applications you can get. COMMISSIONER HALL: Good. MR. FRENCH: And we can review these pretty quickly. CHAIRMAN LoCASTRO: Okay. MS. PATTERSON: Chair, to you and the fellow commissioners. CHAIRMAN LoCASTRO: Okay. Do you want to break for lunch, or what else? MS. PATTERSON: It's up to you if you wanted to go through the commissioners' correspondence first and then we'll break for bunch, or if you want to save that. We're kind of -- we're halfway through. CHAIRMAN LoCASTRO: No. You're saying the closing comments from the commissioners? Save that for the end, because there might be some other things that happen or whatnot. So why don't we break for lunch and come back here at 12:45. Okay. COMMISSIONER McDANIEL: We can't do anything till 1:00. CHAIRMAN LoCASTRO: I'm sorry? COMMISSIONER McDANIEL: We can't do anything till 1:00. MS. PATTERSON: Yeah. We don't have anything till 1:00. CHAIRMAN LoCASTRO: I thought it was -- okay. So we'll come back at 1:00. MS. PATTERSON: Sorry, Chair. CHAIRMAN LoCASTRO: I was giving you a few minutes to, like, you know, get organized before the 1:00 starts. (A luncheon recess was had from 11:43 a.m. to 1:00 p.m.) May 9, 2023 Page 88 MS. PATTERSON: Chair, you have a live mic. CHAIRMAN LoCASTRO: All right. We've got two "no sooner than one o'clocks." Do you want to start with 11B or 11D? I'll leave it up to you. Item #11D – Moved from Item #16A13 (Per Agenda Change Sheet) THE PAYMENT OF $1,650 TO THE RIVER OAKS HOMEOWNERS’ ASSOCIATION (“HOA”) FOR FIVE YEARS OF UNPAID ASSESSMENTS FOR LOT 44, BLOCK A OF PALM RIVER ESTATES, UNIT NO. 7, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 12, PAGES 28 THROUGH 30, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA - MOTION TO APPROVE W/CHANGES BY COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER LOCASTRO – APPROVED MS. PATTERSON: We are going to start with 11D, please, and that is formally 16A13. It's a recommendation to approve the payment of $1,650 to the River Oaks Homeowners Association for five years of unpaid assessments for Lot 44, Block A of Palm River Estates, Unit No. 7, according to the plat thereof recorded in Plat Book 12, Pages 28 through 30, public records of Collier County, Florida. This item was moved at Commissioner McDaniel's request, and Ms. Trinity Scott is here to answer questions as needed. COMMISSIONER McDANIEL: And what was the agenda item on the consent agenda? MS. PATTERSON: 16A13. COMMISSIONER McDANIEL: Okay. MS. SCOTT: I'm here to answer any questions that you may May 9, 2023 Page 89 have regarding the agenda item. We are recommending approval of a payment of $1,650 of homeowners association dues for a lot that is owned in the River Oaks subdivision. The lot is utilized for access to a weir location. COMMISSIONER McDANIEL: Okay. Can -- will you give me a little bit of history as to what's, in fact, transpired and how we've come to be in somewhat of a disagreement? I think there's some people that are interested in speaking on this item as well, so... MS. SCOTT: Sure. I have a brief presentation that I can go through, if you'd like. So the background is the county purchased this lot in 2004 for the purposes of accessing the Palm River weir structure for ease of operation and maintenance. The lot is a single-family residential lot. We do not have any improvements on the lot at the location, but we will utilize it for, as I said, the access to the weir location. At the time when we purchased the property -- I guess I should say, we were unaware that the property was encumbered by a property owners association, and in 2022 the county received a demand letter for payment of assessments back to 2004, inclusive of late fees and interest, totaling $27,000, give or take. We reached out to the homeowners association because, as I advised, the staff was unaware that we were encumbered by an HOA. The HOA has a collection policy that's shown on their website -- it was adopted in 2018 -- that dictates that delinquent accounts are noticed on a 15- and 30-day interval, none of which the county's received. In December 2022, the county received an intent to record a lien -- a claim of lien against the property unless the amount was paid in full, and the amount of $27,776.53. This is a breakdown of the amount. The total principal is $4,100. The late fees, interest, and certified mail charges make up May 9, 2023 Page 90 the remaining portion of 27,776. We've had multiple conversations with the homeowners association representatives trying to come up with an agreement for an amount. We have coordinated with our County Attorney's Office to determine the county's legal obligation to pay the past assessments, including late fees and interest. Based upon that guidance, it was determined that the county would be obligated to pay the previous five years of assessments, which is $330 per year, equaling is $1,650. And we have contacted the -- discussed verbally with the homeowners association. They have refused to accept that amount. They did provide the -- we worked with a homeowners association representative. We did get a bill for our 2023 assessment, and we have paid that. So -- and I will tell you that I have this on my own personal calendar at the office so it doesn't fall through the cracks, as well as multiple other people in our financial group to where we stay up on this, because we don't want to be in this situation in the future. A few weeks ago we received via email a delinquent assessment notice requesting $10,000, but there wasn't an explanation for the change from the previous invoice. So this brings us to where we are here today, which is seeking a recommendation to authorize us to make a payment of $1,650 to the River Oaks association for our past five years of unpaid assessments. CHAIRMAN LoCASTRO: I think we have public comment, don't we, Mr. Miller? MR. MILLER: Yes, sir. We have two registered public speakers on this item. You want them at this time? CHAIRMAN LoCASTRO: Let's hear from them. MR. MILLER: Terry Wayland will be followed by Jim Capwill. MR. WAYLAND: Good afternoon. I'm representing -- the president of the River Oaks Homeowners Association, and the May 9, 2023 Page 91 invoice that she just referenced was one that was sent in error by the current property management company, but we still stand by what our original notification was to the county that's owed on the lot. And the reason we're in disagreement over the five years is your warranty deed states that you're in an HOA, which means it was stated from the time you bought the lot through today that you had an obligation to pay the HOA. And so to come back now and say that you're only responsible for five years when you were negligent for all of the other years is unacceptable to us as an association. That's how we pay our bills. That's how we maintain our community. And if you are going to be a part of the community, you need to be a part of the solution, not a part of problem. And Jim Capwill is on our Finance Committee and has also spearheaded this project and has done a lot of work on it regarding it and some of the other deficiencies as it relates to the water and lot association -- or the lot within the association, so I'm going to let him speak on the balance of that. MR. CAPWILL: Thank you. On behalf of River Oaks Homeowners Association, I thank you for allowing us to speak up on this financial dispute. The county is in no different position as any other lot owner. We are all governed by the same covenants, restrictions, and dues assessments, and I believe we all should be treated equally. In 2017, I was in a similar situation when I moved in. I didn't know about dues. They told me, as a volunteer, $330 I should have paid. I was six months late, and I got $1,800 I had to pay, and that's just the way it works. As Terry pointed out, on your warranty deed -- and I filed one with the court reporter here -- the property was purchased not in '04 and '03, May 6th, and it clearly states in your warranty deed that this property's subject to all easements, restrictions, and reservations of May 9, 2023 Page 92 record. If you go to the declaration of covenants, the developer declares that any lot in River Oaks subdivision are subject to the following easements: Restrictions, covenants, and restriction [sic]. Is this not an option? These restrictions run with the land, and the benefit and burden of them shall be binding on all parties, including all successors and assigns. Article II of our declaration of covenants says no building or structure shall be constructed, erected, altered, placed, or permitted to remain on any lot other than one detached single-family dwelling. Article XV, each owner of a lot in Palm River -- automatically a recording of a deed conveying title to such owner -- becomes a member of River Oaks Homeowners Association subject to all powers, duties, dues, liens, and assessments. Okay. In the event of a violation of any of these restrictive covenants, the association shall have the right to proceed at law or in equity to complete compliance with the terms hereof or to prevent the violation of breach of any of them. The failure to enforce any rights, reservations, restrictions, conditions, or limitations herein contain, however long contained, shall not be deemed a waiver of the right to do so thereafter. Any delinquent owner agrees to pay a reasonable attorney's fee for the enforcement of these use restrictions. If we go to Florida Statutes, okay, all parcel owners, by definition, are members, okay. All members, under Chapter 720.303, have the right to attend all meetings of the Board. Under 720.303(C)1, notices of all board meetings must be posted in a conspicuous place in the community at least 48 hours in advance of a meeting. CHAIRMAN LoCASTRO: Keep going, sir. MR. CAPWILL: Okay. Under 720.3085, Number 3, assessments and installments on assessments that are not paid when May 9, 2023 Page 93 due bear interest from the due date until paid at the rate provided in the declaration of covenants or by the bylaws of the association, which rate may not exceed the rate allowed by allow. If no rate is provided in the declaration or bylaws, interest accrues at 18 percent. Any payment received by an association and accepted shall be applied first to any interest accrued, then to any administrative late fee, then to any costs and reasonable attorney's fees incurred in collection, and then to the delinquent assessment. Those documents are the same ones that I have to abide by and the county should abide by. Now, I understand much more intelligent attorneys than me have taken this up. They want to drop on us statute of limitations is only five years. I believe it would be forced -- or enforced in a court of law that you have a warranty deed that states that you're required to pay these assessments. You've had proper notice. You had the ability to attend board meetings. Now, in all fairness, no one's driving through the community. I understand that. But as a homeowners association, we complied with Florida Statutes, okay. The minute we found out that there was a delinquency, which I believe would have been in, like, late July of '22, we started corresponding with the county to ask how do we handle this and so forth. We have had to foreclose on members; we've had to sue members for collection based on the same rules. So I believe, if you go back to River Oaks versus Brunt, they raised the issue of statute of limitations, and a judge summarily dismissed it, stating you had notice on your warranty deed when you bought the property. You needed to follow those rules. My only question to the attorneys would be, what rule is there, what code provision, that says the county is not subject to our covenants, our bylaws, our articles of incorporation? Because, May 9, 2023 Page 94 technically, I think we're in good standing on this, and I'm even questioning why they haven't even approved the weir structure on that property when our covenants clearly state owning a single-family home. Now, we're not here to raise that issue, but we do feel that we're owed this money, and we should receive it. Now, back in January of this year, I sat down with Amy Patterson and Trinity Scott, and we came up with a compromise that I thought was going to be binding until the lawyer came back and said no. So we're here to appeal to you -- as fellow citizens, as our government leaders, and as businessmen, we're asking you to do the right thing. CHAIRMAN LoCASTRO: Okay. Let me go to Commissioner Saunders. Sir. COMMISSIONER SAUNDERS: Thank you. I've got a couple questions for our staff -- and I may have a question for you, too, but I've got a question for Ms. Scott and a question or two for Mr. Klatzkow. This piece of property, we're only using it for access to the weir? MS. SCOTT: Correct. COMMISSIONER SAUNDERS: Do we still need it -- MS. SCOTT: Yes. COMMISSIONER SAUNDERS: -- for access to the weir? And so we're -- I guess we're in violation of their rules because we don't have a house on there? Is that -- MR. CAPWILL: Yes. MS. SCOTT: We have nothing on the property at this moment, correct. COMMISSIONER SAUNDERS: But we still need the property? MS. SCOTT: We need the property for access. May 9, 2023 Page 95 COMMISSIONER SAUNDERS: Okay. Then, Mr. Klatzkow, in terms of the statute of limitations and all of those issues, I'm not really persuaded that that should be something that we should try to live or die on a technicality. I think we need to play by the same rules as everybody else in their association. I'm sort of disappointed that we still need the property, because that would sort of get us out of this association. But I think we should -- if we -- if we did not make the payments, and they have specific rules dealing with interest and late charges, then I don't see why we should try to avoid paying those full amounts. I guess another question is, are we -- I assume we're doing -- I don't know if we're doing any work in the neighborhood or anything that would offset any of those costs. I'm assuming that that's not the case. My view would be, let's pay the whole thing. I mean, it's a tough pill to swallow, but we shouldn't be trying to live by different rules than we expect other people to live by. CHAIRMAN LoCASTRO: Commissioner McDaniel. COMMISSIONER McDANIEL: There was some discussion on that note with regard to in-kind work that we had done that was, theoretically, the responsibility of the homeowners association. Do you know what that number was? MS. SCOTT: Yes. It's actually in the executive summary. We completed, in December of last year -- this is actually a before and after picture of a stormwater outfall where Road Maintenance -- under the prior Road Maintenance director's direction, our Road Maintenance staff went in and cleaned out this area and did install some riprap along the privately maintained stormwater outfall. And the total labor, equipment usage, and material, based on our production report, was $9,049.42. CHAIRMAN LoCASTRO: I have a question for you gentlemen. So how many HOA members are there? May 9, 2023 Page 96 MR. CAPWILL: One hundred sixty-nine thought, until we did our research and found out the county's 170. So we have 170. CHAIRMAN LoCASTRO: Okay. So every 12 months, do those 169 people get a bill for their HOA fee, or they just have to remember on their own? MR. CAPWILL: Typically they do. And we are going to make sure that we have everyone's email going forward. But there's nothing in the statute that requires us, on an annual assessment, to invoice. There is on a special assessment. CHAIRMAN LoCASTRO: No. But I'm -- and I get that. But my question was, did 169 people every 12 months get a bill or somewhere in that -- I realize No. 170 didn't or we wouldn't be here. But did the vast majority of people who you had a correct email address for? I mean, I'm sitting here going, our email address would be the easiest one to get in the universe compared to the 169 strangers. So I mean, I'm sitting here trying to figure out where the responsibility is. I mean, I don't disagree with Commissioner Saunders, but did the majority of 169 every 12 months get a bill? MR. CAPWILL: I can't support what the management -- property management companies have done in the past. I can't support what the boards have done in the past. I can only tell you that we've made sure everybody's gotten some kind of a written notice or a knock on the door in past years. CHAIRMAN LoCASTRO: So you recently, then, took -- is that what I'm -- MR. CAPWILL: Yes. CHAIRMAN LoCASTRO: Okay. When was that that you took over? MR. WAYLAND: A year ago, a little over a year ago? MR. CAPWILL: I'll tell you it was July, because that's when we discovered Lot No. 170. May 9, 2023 Page 97 CHAIRMAN LoCASTRO: So did you discover in the other 169 that there were plenty of people that were past due that didn't pay for a long period of time, or it was just us? MR. CAPWILL: It was just you. Everybody else we had had to file suit against in the past and so forth. And it should be noted, some of them went back a lot longer than just the five-year statute that the County Attorney is proposing. CHAIRMAN LoCASTRO: Okay. MR. CAPWILL: We've got lawsuits in Brunt. That's eight years. CHAIRMAN LoCASTRO: Okay. So what would be the total, just for the record. What would it be if we -- MR. CAPWILL: The current demand was just delivered today for the corrected. It's about -- I gave it to the Clerk -- I mean, the court reporter. It's, like, 29,950. CHAIRMAN LoCASTRO: Ms. Patterson, I guess the next question I have for you is if you were in conversations with them, what can you tell us? MS. PATTERSON: So we did -- as the gentleman said, we did sit down with him due to the value of this lot to stormwater as well as the fact that he had presented that same information of other cases where they had treated other property owners the same way as us. Went back in time, attempted to assess them, actually took them to court. I can only speak for myself, but I did -- Ms. Scott was there, too. We felt that the value of that lot far outweighed the risk of proceeding to try to litigate this. But I'm not the attorney, hence the reason why we had to confer with the County Attorney. There's legal -- there's legal matters at hand here. Our primary concern was, number one, of course, being fair. We're not asking for special treatment. We're not saying we're May 9, 2023 Page 98 special because we're the county, but secondly was protecting our asset. CHAIRMAN LoCASTRO: Okay. Let me go to Commissioner McDaniel, and then I want to hear from Mr. Klatzkow. Go ahead. COMMISSIONER McDANIEL: And I wanted to ask, did I hear you say you have litigated and/or brought charges against other properties in the homeowners association? MR. CAPWILL: Yes. I have brought a copy of one. COMMISSIONER McDANIEL: Okay. So that is -- that is, in fact, the case. And I'm just going to say out loud I agree with Commissioner Saunders in part. I think that maybe we ought to -- I mean, we need to stand responsible for our obligations. The county needs to do that. And there certainly is a limited amount of responsibility for building purposes, arguably, one way or the other. But I don't want to be in a position where a homeowners association has to litigate with the county because we're the owner of a piece of property in their subdivision. I don't find that to be acceptable, even though there may be legal precedent. Our county attorney may say something different with regard to what our actual exposure is. I don't want to litigate with a homeowners association inside of our community. I would rather reach a settlement and come to an agreement of some sort and go on. CHAIRMAN LoCASTRO: Mr. Klatzkow, what can you add? And then I'll go to Commissioner Hall. I mean, if you want to add something. I know, just -- MR. KLATZKOW: No. There are legal obligations, and there are what I'll call moral obligations. If you feel like you have a moral obligation to pay, that's fine. CHAIRMAN LoCASTRO: Okay. Commissioner Hall. May 9, 2023 Page 99 COMMISSIONER HALL: I look past moral obligation. I would want to be treated -- I want to treat others like I would like to be treated. To not even be aware of this, oh, sir, it's in your deed. How many times have you ever read your deed and looked at the fine print and realized that you had an obligation? You don't. You know you have an obligation when someone sends you a bill. Hey, you're part of the HOA. And when that happened, we paid it immediately. So just because we've gone for 20 years, or however long it was, and we've got this 27,000 -- $29,000 worth of charges now, that's not how I would want to be treated. It's not how you would want to be treated. You were lucky enough to be aware of it the first year. Sir, you owe $330. Oh, okay. Now you're late. It cost me 1,800. That's the first year. You know, you have a home on that property, a house that you live in. We don't. We access it to provide floodplain maintenance for the county in that area. So, you know, as far as a moral obligation, I'm willing to pay the $4,100 worth of principal that we owe and let the -- let the interest, let the late fees and all the hogwash -- all of the greediness or all of the grab go, because it's just what's right. We're aware of it now. We were sent a bill; we paid it. We're always going to pay the bill. The Clerk does an amazing job. So I don't -- you know, I feel like it's a greed thing against the taxpayers to try to grab this money because you think you can. And you may can. I would just be a proponent of the moral obligation. We'll pay the $4,100, the principal amount that we owe. You take it. Let it go. We'll all live happily ever after. We'll access the weir, maintain the floodplain. You send us a bill; we'll pay it every year, because Trinity's even got it in her own personal email [sic]. So that's where I'm at on this thing. May 9, 2023 Page 100 I think -- I personally think the 1,650 should suffice for the statute of limitations, but on the moral side of it, I think we need to do what we need to do. And I'm willing to do the 4,100. CHAIRMAN LoCASTRO: Commissioner Kowal. COMMISSIONER KOWAL: Thank you, Chairman. If I was hard-lining, I'd be aligning myself with Commissioner Hall right now, but I do feel in some way with the other commissions here that, you know, we do have an obligation as the property owner and to the association, just like any other person would be in there. But, also, I'd like to draw attention to the fact that we did use public money to maintain something or fix something that was your responsibility, and we didn't charge you for it. And, you know, that comes to about $9,000. So if we do come to a conclusion today, I think that possibly could be a possible negotiation point to where we get -- that we already used public money on something that, you know. You -- it was your responsibility to use the money that you've already gotten from everybody else over the past 20 years. So I would be more comfortable maybe moving forward with something of that nature. CHAIRMAN LoCASTRO: Let me hear from the commissioners. You'll get a chance. Commissioner McDaniel, and then Commissioner Saunders. COMMISSIONER McDANIEL: Well, that's exactly what I was going to propose. The plus/minus is $29,000. You have 27,000 here. And there must be another bill or something out there. MS. SCOTT: So -- and what Mr. Capwill is speaking of, this was interest based -- this is the latest bill that we had received in our office. This is interest through December 31st of 2022. I'm sure that Mr. Capwill probably recalculates that interest through, perhaps, today or some other date, so that's probably the difference. COMMISSIONER McDANIEL: So the round numbers that I May 9, 2023 Page 101 had in my mind is 20,000, is -- CHAIRMAN LoCASTRO: Twenty-nine minus 9-. COMMISSIONER McDANIEL: Correct. Is the -- and that alleviates the association of the taxpayer expended funds for the drainage -- for the drainage -- I'm sorry. Terri was looking at me crooked. That alleviates the taxpayers for the money that we've already expended for something that was technically the homeowners associations' responsibility and picks up the majority of the deficits that are out there for the outstanding -- for the outstanding interest and penalties. CHAIRMAN LoCASTRO: Commissioner Saunders. COMMISSIONER SAUNDERS: Thank you. I agree wholeheartedly with Commissioner Hall in terms of how we'd like to be treated. I agree with you that that this seems to be a little bit greedy, but I'm trying to look at it from their perspective as well. If they start making exceptions to how they enforce their rules, then those exceptions become the rule. And so, you know, I -- obviously, I represent the county and the county taxpayers, but at the same time I kind of see where you're maybe coming from in terms of, you know, you start making exceptions to any property owner as to how much the fines are and that sort of thing, other property owners may very well try to raise that as -- you know, you let one property owner off, you have to let all of us off. So that's why I was saying I don't think we should attempt to be treated specially. Now, the work that was done, if this is work that we would do in other neighborhoods at no charge, then that's one thing. If it's not, if this was something special, then that should be an offset. I agree with you, Commissioner McDaniel and Commissioner Kowal, assuming that this is not ordinary stuff that we do anyway. If it's not, then that's a whole different situation, and we should get the May 9, 2023 Page 102 credit for that. MS. SCOTT: Commissioner Saunders, for this specific area, it is the maintenance responsibility of the homeowners association. Our prior director at Road Maintenance -- and we're -- we're working through some other issues that are county responsibility within the neighborhood, and Mr. Capwill and I have had lots of great conversations and are continuing to work through those items. But in this particular instance, it was the homeowners associations' maintenance responsibility, but it was so bad that our prior director did send our staff in for a few days to get the work done. CHAIRMAN LoCASTRO: When did we do that work? MS. SCOTT: In December of 2022. CHAIRMAN LoCASTRO: Did we bill them immediately? MS. SCOTT: We did not. COMMISSIONER SAUNDERS: Now he's trying to say something, so maybe he agrees. CHAIRMAN LoCASTRO: Let me just get to Commissioner Hall, and then you'll have heard from all of us, and then you can summarize. No one's getting stifled here; don't worry. Commissioner Hall. COMMISSIONER HALL: So when it comes to dual responsibility, you know, we wouldn't be -- I don't think we would be being treated special, because the HOA has a responsibility or a burden on them as well about just dropping this on us after all of this time with penalties and with interest. So I don't think that anybody that was in the -- if 169 others are getting a bill every month and they're -- or every year and they're understanding that they're under that obligation, nobody's going to be treated different because it's the exception and not the rule. I just -- standing on what's right because it's right, I wouldn't want to be treated that way. That's why it sticks in my craw, you May 9, 2023 Page 103 know. And however we vote, we vote. CHAIRMAN LoCASTRO: The question I had -- and then I'm going to turn it over to you. So the other people who were delinquent and, like you said, you either took them to court or they caught up or all or both, the ones that caught up, did they pay interest willingly, or they just caught up on the actual charge? MR. CAPWILL: There's never been a forgiveness of debt because of the legal ramifications. What you do for one you must do for all, and -- can I carry on with -- CHAIRMAN LoCASTRO: Yes. So you charged them the same -- MR. CAPWILL: Yes. CHAIRMAN LoCASTRO: -- the same percentage of interest? MR. CAPWILL: According to Florida Statute, 18 percent interest, $25 a year late fee. CHAIRMAN LoCASTRO: Okay. The floor is yours. I have nobody lit up here. So hearing all the comments here... MR. CAPWILL: Back in January, around January 15th, I had a very welcoming meeting with Amy Patterson and Trinity. And from that meeting, I thought they were very fair. We put everything on the table. We came to a decision: $20,000 cash plus about four noncash things. It was I who asked for the four noncash things. Even though some of those were not our responsibility, I wanted it to be an all-encompassing agreement so I can use that to go back to the other homeowners who are saying they don't get a break. I didn't get a break. So that really was presentation-wise. You want to argue about the 9,000 in kind, I offered to jump in there with a chainsaw and clean it. Jerry Kurtz said, no, this is not your responsibility. You only control the lakes, you control the weir, but this is the overflow in the river, and you're not allowed to touch anything in the river. That's county responsibility. May 9, 2023 Page 104 So whether we're being charged against this or not, it's going back to the original agreement I had with Amy Patterson and Trinity of 20,000. We know we made some mistakes. You feel you guys made some mistakes. We want to work together with you. I would accept -- because I already have the board president behind me. He's got the authorization to accept the 20,000 and move forward. CHAIRMAN LoCASTRO: Commissioner McDaniel. COMMISSIONER McDANIEL: I'm going to make a motion, then, that we offer 20,000 as a settlement for this dispute. CHAIRMAN LoCASTRO: Second. All in favor? COMMISSIONER McDANIEL: Aye. CHAIRMAN LoCASTRO: Aye. COMMISSIONER KOWAL: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN LoCASTRO: Opposed? (No response.) COMMISSIONER HALL: Aye. CHAIRMAN LoCASTRO: It passes 4-1. MR. CAPWILL: Thank you. CHAIRMAN LoCASTRO: Okay. Don't forget to bill us. COMMISSIONER SAUNDERS: More, importantly, don't forget to pay even if you don't get a bill. MS. SCOTT: It's on my calendar, sir. CHAIRMAN LoCASTRO: What's next? Item #11B AFTER-ACTION REPORT FOR THE 2023 FLORIDA LEGISLATIVE SESSION AND PROVIDE GUIDANCE AS PRELIMINARY PLANNING BEGINS FOR THE NEXT LEGISLATIVE CYCLE – PRESENTED May 9, 2023 Page 105 MS. PATTERSON: Item 11B is a recommendation to accept the after-action report for the 2023 Florida legislative session and provide guidance as a preliminary planning -- as preliminary planning begins for the next legislative session. Mr. John Mullins, your director of Communications and Government Affairs and the rest of his title, will present. MR. MULLINS: For the record, John Mullins, your director of Communications, Government, and Public Affairs. Happy to be here. Joined today, as always at the end of the legislative session, by Lisa Hurley, who covers more ground for this county than probably any lobbyist does for any county in the State of Florida, and I am not joking in that regard. She does a lot of work for this county, and she is greatly appreciated. She'll be coming up to talk to you in just a few minutes to have a substantive conversation to talk about a little bit of inside baseball right after I get through the monotonous slide-slow presentation, which I will get through just as quickly as Terri will allow me. CHAIRMAN LoCASTRO: I don't think she's a lobbyist. We like to say what, action -- what do we say, action-oriented official or something, right? Lobbyist has got a bad -- MR. MULLINS: Starting off with some quick statistics. There were about 1,800 bills proposed this year during the 2023 legislative cycle, which was down quite a bit from last year, but there were a lot more amendments to those bills this time as opposed to last year. The number of bills passed increased by about 70 bills over last year, and the Governor now has 15 days because the legislature has adjourned sine die to act on any bill that's before him: Sign, veto, or allowed to become law without signature. May 9, 2023 Page 106 And at this time there were 443 bills on the county track list, which is down a little bit this year, and this is greatly appreciated. It was, overall, a more kind and gentler session as it pertains to county government, and that's what the president promised us, and I think she's delivered. Now we'll start off with some fiscal features of the regular session. And keep in mind, the Governor still has line-item veto authority, so some of this could change. Starting off with the overall budget; it caps out at about $117 billion this year. The days of double-digit billion-dollar budgets are over. And as Florida continues to grow, so does the need to facilitate it. Starting off with some hurricane relief; the Division of Emergency Management's new program for Ian and Nicole recovery received 350 -- $350 million, I'm sorry. And this is a new program to help mitigate local government revenue losses and operating deficits to make infrastructure repairs and conduct beach nourishment and to complete debris removal. The only catch is, you have to certify that you have insufficient federal, state, and insurance funds in order to qualify for that money. And if for some reason you get some of those funds later, you have to return what you received from this particular program. Beach renourishment also received $106 million, and this is a program that would provide 50 percent for beach renourishment projects and 75 percent match on inlet projects. The last item down there, the Emergency Preparedness and Response Fund is receiving $1.4 billion, and this is the Governor's fund that he has in responding to or mitigating emergency situations during a declared disaster. The Governor's Job Growth program also received $75 million this year, and he controls that in its entirety. Visit Florida, which is May 9, 2023 Page 107 usually in jeopardy of being extinct at the end of every legislative session, with the Governor's backing, survived yet again and received $80 million for this next year. And the BEAD program, which is the Broadband Equity Access and Deployment program, it's a federal program for broadband deployment, mapping, and equity, and it's administered through DEO. They're getting $112 million this year, and Housing and Community Development projects are getting 118-, and she's already giving me the death stare. Moving into housing, and we'll start with the Sadowski Trust, which is funded at a pretty high level. They receive funding from the documentary stamp tax proceeds. The State Apartment Incentive Loan received $259 million this year. We're going to talk about that a little bit more here shortly, as they're going to get a little bit more of a supplement to that. Also, the Florida Hometown Hero Housing program received $100 million as well, but they also got another plus-up that we'll discuss here shortly. Moving to the environment, the Everglades got about half a billion dollars in the budget this year, and water-quality improvements, including water projects, of which we are a beneficiary, and we'll get to that when we get to our project requests here in a little bit. There are also more funds for trying to combat the blue-green algae epidemic that we've been having, particularly up to the north, with more money going towards the task force and innovative technologies to try to combat the algal blooms. Moving over to transportation. The work program is about $13.8 billion this year, and of note to those programs typically funded, the Local Transportation Initiatives Road Fund projects, we are also a beneficiary this year, and we will get to those shortly. May 9, 2023 Page 108 And the Transportation Disadvantaged program also received 8 million. But the big-ticket item was the Governor's Moving Florida Forward initiative. It was announced in Fort Myers back in January, and Commissioner Kowal and I were on hand for that announcement, and this program has four projects of benefit to Collier County. There's the I-75/Pine Ridge Road widening and diverging diamond construction; I-75 additional lanes from Golden Gate Parkway to Corkscrew Road. And on behalf of all commuters, that can't happen soon enough; and two projects along Route 29, including the four-lane divided highway loop around downtown Immokalee. Now, the Governor was looking for $4 billion to leverage in generating an additional $3 billion over four years. And what the legislature did was they opted to provide him $2-and-a-half billion via a budget amendment from the Joint Legislative Budget Commission, and that will be occurring shortly. And then later on this year, as the plans progress, they can go back before the budget commission to get the additional $1.5 billion. The tax package is always very popular with constituents, and this year some of these things have grown. There is now a two-week back-to-school sales tax holiday that will occur twice in the next fiscal year, in July and again next January, as will the Disaster Preparedness Holiday in late May and again in August. Freedom Week is now Freeman Summer, from May to September. And last year's Tool Time Holiday continues without change this year. The energy-efficient appliances will also enjoy a tax holiday for one year, including the now very popular gas stoves. There's some permanent tax relief on things like baby and toddler items. Also adult diapers and incontinence products, for people like me, and oral hygiene products will also get a permanent May 9, 2023 Page 109 sales tax break. Agricultural fencing to keep your cows where they're supposed to be, you can get a tax break for that, and transportation and production equipment for natural gas will also get a permanent sales tax break. Firearm devices such as gun safes and trigger locks will also qualify. Now moving on to our project requests for this year. And, once again, the Governor still has line-item veto authority. So this could potentially change, though keep in mind all of these projects are in President Passidomo's district, and vetoing them would probably not be a very good look. Starting with Golden Gate City, $2.8 million has been obtained to match money already in hand specifically for the design and construction of 15 outfall pipes and associated structures to reduce flooding in the Golden Gate City area. Palm River, specifically Area 4 that's shown in the purple area and abutting the Cocohatchee River, is going to get $3 million to also match money in hand to do septic and sewer conversion for 24 residential properties, along with the replacement of outdated water mains and other improvements. Two one-mile sections of Oil Well Road will see lane and shoulder improvements and drainage improvements with the over $2 million secured for both items, along with the local match that pertains to them. The four-point roundabout will realign Camp Keais Road and install a roundabout where it interconnects with Immokalee Road and South First Street to provide a safer and more efficient traffic flow with the $1 million also received from the legislature. Fifty athletic courts, under the Parks and Recreation Division, will get resurfaced through $450,000 being providing to match the $350,000 already on hand, and this will take everything from design May 9, 2023 Page 110 all the way through final inspection. And, why not, let's buy a boat. But in this case it's not a pleasure boat. It's a workboat. We're going to get $110,000 this year for a Weedoo Truxor workboat that will allow for the mechanical harvesting of vegetation in some of our waterways in lieu of chemical spraying. And as you may recall last year, Representative Melo had legislation that was trying to advance this process a little bit more, and she was instrumental in helping us get this across the finish line. CHAIRMAN LoCASTRO: John, who owns that one once we get it? MR. MULLINS: You do, sir. CHAIRMAN LoCASTRO: No, but I mean what department does it fall under? MR. MULLINS: This will be under stormwater; Trinity. CHAIRMAN LoCASTRO: Okay. MR. MULLINS: All right. And also, this is not new money this year. This is money from last year. The Golden Gate Senior Center expansion, because of Hurricane Ian and some issues getting architects and contractors online after Ian, we weren't able to make the timelines in securing those services for this actual project. So Lisa was diligent enough to get this added back to the budget as a revert and reappropriate. And with Senator Passidomo's help, we now have another year to spend that $250,000 for this process. And last, but not least in the funding requests, the $500,000, as promised by the Florida Department of Veterans Affairs, is included in the back of the bill, and we will have the money now necessary to do the preliminary design and engineering for the facility. And, of course, it goes without saying that we want to thank President Passidomo, and we want to thank our representatives in the May 9, 2023 Page 111 House; Adam Botana, Lauren Melo, and Bob Rommel altogether made for a pretty powerful team this year and got a lot accomplished for Collier County, and it is greatly appreciated. Of course, I would be remiss if I didn't mention at the federal level that we also have $3.6 million currently earmarked in the Transportation, Housing, and Urban Development appropriations bill. And though this has a ways to go, because markups don't start on this bill until probably another couple weeks and will go for about a month, we're hoping that with the stewardship of Representative Mario Diaz-Balart and our crew at Becker Law we'll be able to keep this protected in the appropriations bill through final passage hopefully in time for the October 1 start of the federal fiscal year. All right. On to general legislation of interest for the 2023 regular session -- and many of these bills are awaiting the Governor, though he is signing bills at a pretty quick clip already this year, as if he has somewhere else he needs to be. First we'll start with "see you next year." These are bills that had the interest of one or more members of the Board, and we'll start with a few that didn't make it across the finish line, starting with sovereign immunity. There's always strong interest in that bill. And while there's still a strong bipartisan desire to raise the caps and lower the number of claims bills that go before the legislature, this bill ran out of gas early on in the session, not really because of the merits of the bill, but because the sponsor was in the doghouse with House leadership over an unrelated matter. But we're sure it will be back next year probably for its fourth or fifth appearance in a row. County commissioner term limits were of some interest. Initially, the House had a bill that addressed term limits for district school board members only. That bill passed the House and went to the Senate. The Senate companion bill had that and also included eight-year term limits for Board of County Commissioner members. May 9, 2023 Page 112 The Senate opted to -- when both bills ended up in the same rules committee to take up the House version instead and pass it, so now this only applies to school board members and does not apply to this board. And, of course, I thought -- I really, really thought that this bill was going to make it this time. It made it up literally till the last morning of session. Vacation rentals didn't -- didn't get across the finish line, particularly after the House, at the last minute, made amendments that changed some of the local responsible-party information that was in the bill, which really mirrors what we already have here in Collier County. And, rightfully, the Senate decided not to agree with that position and let the bill die, but it will be back again next year. All right. Ian response. This is some notable legislation that was a product of the select committee on resiliency that was created by the president to address Hurricanes Ian and Nicole, and I think it was right before session started both Jamie French and Chris Mason testified before this committee on Collier's experience during Ian, and we greatly appreciate them going to share their expertise in Tallahassee. Now, at first it requires the Department of Emergency Management to provide a model debris removal contract for counties that have a hard time coming up with their own. It allows residents to place temporary living quarters on their property for up to three years after an event, and it encourages the creation of specialized building inspection teams. It calls for expedited permits retroactive to last September. It provides for building permit extensions following a declared emergency. And it prohibits raising building fees for counties like us until October of next year. The bill also provides that if you're within a 100-mile radius of Ian or Nicole landfall, you cannot adopt a moratorium on May 9, 2023 Page 113 construction or redevelopment of any property damaged by Ian or Nicole before October of next year, and you cannot adopt more restrictive or burdensome amendments to a comp plan or land development regulations or procedures involving review, approval, or issuance of a site plan, development plan, or development order until October of next year. All these are retroactive back to September of last year. And, lastly, you have 45 days to get your boat squared away after an event takes place and leaves it trashed, and we'll keep that in mind with our Weedoo boat. All right. Moving on to housing, and this was also a key component of President Passidomo's package this year. The Live Local Act adds $1.5 billion to SAIL over the next 10 years to be directed towards mixed use, urban infill, or developments near military installation. It also adds an additional $100 million to hometown heroes and expands the eligibility to all of Florida's hometown workforce. It encourages business donations toward housing for low-income residents by raising the tax credits by over $10 million this time. It also creates a corporate tax donation program to benefit SAIL. It provides a $5,000-per-unit sales tax refund on building materials for developments financed through the FHFC, and it provides gap financing through a competitive application process for current construction projects experiencing an economic pinch. The bill provides a property tax exemption for developments that set aside at least 70 units as affordable housing for the moderate and low-income brackets, and this is a 100 percent or 75 percent exemption depending upon the area median income unit being proposed. And rent at these units has to be at least 10 percent below market rate. The bill also provides the county the option off offering a May 9, 2023 Page 114 property tax exemption for owners who provide units at the very-low or extremely-low-income levels, and it applies a similar 100 percent/75 percent exemption methodology based on the number of units dedicated toward affordable housing. The bill promotes affordable housing development in commercial, industrial, and mixed-use areas where at least 40 percent of the units are reserved for households earning up to 120 percent AMI for at least 30 years, and this may not require a zoning change. And, okay, I promise I'm bringing this bill in for a landing. The bill forbids rent control in its entirety. It will require us to publish online our inventory of county-owned property that may be suitable for affordable housing development, and it requires us to maintain a public written policy for expediting permits and development orders for affordable housing. And, yes, the one-mile radius height provisions that we discussed earlier in the session still remain in the bill. All right. We're nearing the end here, I promise. I'm covering this bill simply because it's supposed to end all future preemptions. Okay. No one's laughing. COMMISSIONER McDANIEL: Yay. MR. MULLINS: Believe it when you see it. But under Senate Bill 170, the county can be sued for what someone may feel is an arbitrary or unreasonable ordinance. Now, you can avoid the suit if you withdraw the proposed ordinance or repeal it within 30 days of written notice. Also, before enacting a proposed ordinance, you must publicly post a business impact estimate, and you can produce that in-house. You don't have to hire an outside accountant or financial planner to help you with that. Now, before anybody panics, there are a host of exemptions, including compliance with state and federal law, ordinances that deal May 9, 2023 Page 115 with the issuance or refinancing of debt, budget and budget amendment adoption, implementing a contract or agreement, including grants, emergency ordinances, procurement ordinances, and nearly everything that GMD currently does. However, should you adopt an ordinance that does not qualify under these exemptions and should the challenger meet the three criteria listed on this slide, the county would have to suspend enforcement and, in that circumstance, the bill creates a rocket docket to get us to the front of the line in court. All right. The pain's about to end. Just two more quick bills. Senate Bill 540 now provides that the prevailing party can recover attorney's fees and costs in comp plan and plan amendment challenges. So it's not just the plaintiff anymore. And House Bill 1383 does a few things, but the primary thing it does is that it extends the expiration date of specialty contractor licenses at the local level for one more year. And, of course, these and many, many more exciting bills will be in the bills of potential impact report that will be produced here in the next couple weeks and provided to your offices and the department heads probably by June 1st. And, of course, it goes without saying we want to thank Lisa Hurley, our lead in Tallahassee, and her team at Smith, Bryan & Myers. We want to thank our federal team at Becker & Poliakoff, Amanda Wood and Omar Franco and, of course, our internal staff, Ian, Diane, Josh, and Lee, who helped facilitate the quick flow of information to our frontline staff and then back to me to our lobbying team. And with that, I'm going to bring up Lisa Hurley to give you a good conversation and some inside baseball, and then after that we will attempt to take on any questions you may have. MS. HURLEY: Thanks, John. May 9, 2023 Page 116 Good afternoon. Lisa Hurley from Smith, Bryan & Myers. Let me just first start by saying congratulations on your Centennial celebration. I don't know if you're aware or not, but when you came up to Tallahassee this session, John Mullins brought a huge bag of Centennial pins that Senator Passidomo's handed out throughout the entire session, so I think we've pinned half the State of Florida. So I heard that everything went well yesterday. But thank you, Commissioners, for coming up to Tallahassee. I want to start by saying that, because it really does make a difference when you come to Tallahassee and you meet with all the stakeholders, from the officials at DVA down to our budget chairs that were responsible for providing us funding for your appropriation projects requests. They do like to hear from you, so thank you for taking the time to come up to Tallahassee. I also want to say thank you again to Jamie and to Chris for coming up, because they provided some very valuable testimony in the -- both hurricane select committees in the House and the Senate, and some of their suggestions absolutely made it into the bill. So thank you so much. So, you know, this session was -- it was a really odd one. I'll tell you, we got -- we got off to a very slow start in my opinion. You know, as you know, everyone came in -- in the Legislature, everyone was up for reelection. So we had a new president. We have a new speaker. So there were committee assignments to put out. I think both -- both presiding officers gave their electives more autonomy on what bills to file in session. So at least over in the House, when there's a limit on how many bills a representative can sponsor, that led to a little bit more analysis on deciding, you know, what bills were going to be put out there. So we kind of got off on a slow start there. The first part of session was definitely devoted for passing a lot of the Governor's priority items. May 9, 2023 Page 117 To John's comment earlier, as of today, I think he signed upwards of 25, 26 bills already for this session. They were -- that's a -- when a bill is actually sent over to the Governor, that's a coordinated response between the presiding officers and the Governor's office. But having said that, although there were fewer bills filed this session, there were more bills passed this session than the prior -- the previous few years. So he still has about 330 bills that need to be sent to him. And, of course, one of those is the budget. So the budget landed at just under $117 billion. A little more than -- almost $3 billion more than what the Governor's recommended -- budget recommendations were. And, you know, the Governor's recommendations don't have to be a balanced budget unlike, you know, the Legislature's. So the Governor has not been shy, historically, on vetoes. Last year he vetoed over 3 billion, with a b, from the budget, so I expect that there will be a sizable veto list this year. So on that note, although sitting here today we're nine of nine on our appropriations project requests, we are working right now diligently to protect those from the veto. Your staff's working really hard. The Governor's office on some projects is proactively reaching out to me and to local governments directly asking for backup information on some of the projects. We did have that request on Friday, and your staff turned it around and got everything that the Governor's office requested yesterday afternoon. So thank you for that. But my job is -- going back up to Tallahassee this week is continue meeting with the Governor's office, his staff, to make sure they have everything that they need to make the final decisions on our projects. So I have to say that this was probably the most collaborative, coordinated session that I have ever witnessed. Again, it started off May 9, 2023 Page 118 kind of slow, but when we started session after we got past our committee weeks, the bills started moving very fast. I think President Passidomo got most every single one of her priority items passed in on the other side of the chamber, so did Speaker Renner, You know, you're always waiting in session where, you know, that big issue is going to pop and things, you know, run off rails, and that didn't happen this year. In fact, we sine died on Friday at 11:00 a.m., yes. Unheard of. The prior two or three years, we actually had to go into overtime into the weekend, right, to get the budget done. So very smooth landing. And, you know, budget's obviously good for the county, you know, not a -- preemptions were passed, of course, not as many as we've seen in previous years, and, you know, hopefully with the passage of Senator Passidomo's bill on local ordinances, we'll see even fewer in the future. So we can celebrate our victories right now, but I would like to remind you that we start session early next year. We actually start in January, so committee weeks will begin in September. Calendar's not out yet. It's the expectation, though, that that's when we'll start back up. So we don't have a lot of downtime to get geared up and to start getting our priorities for next session in order. So I will pause there and take any questions. CHAIRMAN LoCASTRO: I've got Commissioner McDaniel, and then Commissioner Saunders on deck. COMMISSIONER McDANIEL: Well, I lit up. That was from before. CHAIRMAN LoCASTRO: Okay. COMMISSIONER McDANIEL: But I do have a question, if I may. CHAIRMAN LoCASTRO: Sure. COMMISSIONER McDANIEL: And it -- you may be able to May 9, 2023 Page 119 answer it. When John was flipping through the Moving Florida Forward initiative, there was only 24 million appropriated for Pine Ridge and 75, and my brain had a memory of 90 million for that diverging diamond. MS. HURLEY: So that may have been for just this next fiscal year. Ooh, John's still behind me. MR. MULLINS: Actually, that information came directly from the Governor's website for the program, so that's what he was planning all along. Now, whether or not that $90 million was a longer-range projection, to Lisa's point, that could be the case. But for right now, that's what it is billing it as. COMMISSIONER McDANIEL: You know what, we'll be able to verify it on Friday. On our MPO meeting this Friday, I'll be able to verify that. Okay. Thank you. And from me to you, thank you. You have been an enormous boost to our community for what your efforts have provided for our county in Tallahassee. And from me to you, thank you. MS. HURLEY: Thank you. CHAIRMAN LoCASTRO: Commissioner Saunders. COMMISSIONER SAUNDERS: Thank you. I also want to thank you for all of your efforts. I've spent a lot of time in Tallahassee, and I've worked with a lot of lobbyists when I was in the legislature and when I got out of the legislature, and you guys do a wonderful job. It's noted, and it's appreciated. Mr. Mullins, you do a fabulous job as well in coordinating all this, and that hasn't gone unnoticed, and it's appreciated. I know you have staff that work with you, and everyone does a really great job. I do have a couple things. There's going to be an OPPAGA report coming out in the next couple of weeks, I believe, or maybe sometime in June, dealing with the issue of noise pollution in Florida. Are you familiar with that? May 9, 2023 Page 120 MS. HURLEY: I am. COMMISSIONER SAUNDERS: I'd like to -- MS. HURLEY: I'm familiar with the local issues. COMMISSIONER SAUNDERS: Okay. MS. HURLEY: Yes. COMMISSIONER SAUNDERS: I'd like to make sure that we get all of that information when it comes out. MS. HURLEY: Okay. COMMISSIONER SAUNDERS: I don't know if we have any opportunity at this point to be involved in the final report. I assume probably not at this point. But there have been several phone calls/conference calls in reference to that. And so I'm very interested in that. And we may have -- in terms of our next legislative agenda going into 2024, we may have some Quiet Florida type of issues. I think that was really the only thing I wanted to bring up in terms of the potential for a future agenda for you, so thank you again for all of this -- MS. HURLEY: Yep. COMMISSIONER SAUNDERS: -- material. MS. HURLEY: And I'll certainly keep my eyes out for the report, and I'm happy to touch base with them even when I get back up to Tallahassee to kind of see where they are in the process and to make sure, you know, any of our positions or information that we can share with them, that we've done so. COMMISSIONER SAUNDERS: That would be great. I appreciate that. MS. HURLEY: Sure. COMMISSIONER SAUNDERS: Thank you. CHAIRMAN LoCASTRO: Any other questions? (No response.) CHAIRMAN LoCASTRO: Okay. I think we're good to go. May 9, 2023 Page 121 Thank you. MS. HURLEY: Thank you. CHAIRMAN LoCASTRO: All right. I think we're hitting the end here, right? MS. PATTERSON: Yes, sir. Item #15C STAFF AND COMMISSION GENERAL COMMUNICATIONS MS. PATTERSON: Commissioner, that brings us back to Item 15, and we had left off at the commissioner communications. CHAIRMAN LoCASTRO: Okay. So just -- MS. PATTERSON: Oh, if we want to check one last time for -- MR. MILLER: We have none. MS. PATTERSON: No public comment. CHAIRMAN LoCASTRO: I'm actually just going to start off just by, on behalf of all of us here, thanking everybody for this morning. You know, it's great to have a packed house in here and former officials, former county managers, a lot of business and tourist people. So great event. I can't wait to see all the photos posted, you know, by the county, and all of us as well. To Mr. Mullins, thank you, yesterday, for Everglades City. You know, we were out there. It was a great event. I know you had a whole team of people as well that pulled it off. That was great to be out there in such a historic spot with Barron Collier, III. I want that guy to adopt me, right? COMMISSIONER McDANIEL: No, he wasn't -- CHAIRMAN LoCASTRO: Yeah, he was the third. Yeah, we didn't get -- there was a fifth? What, is he seven or something or May 9, 2023 Page 122 what? How old is that kid? COMMISSIONER McDANIEL: He's not a kid. CHAIRMAN LoCASTRO: It was kind of funny that he said, "I never met my grandpa. I'm not really responsible for any of this, and I'm a horrible public speaker," right? But he actually really spoke off-the-cuff, and it was great. But thanks so much. And same to our county manager. You know, I know Ms. Patterson, her team was very involved in making yesterday and especially today, you know, happen. So, you know, thanks very much for that. Having said that, let me go to my colleagues. I'll start with Commissioner Kowal. COMMISSIONER KOWAL: Thank you, Chairman. Yeah, I'd just like to echo that. I really appreciated everything the staff did and what you-all did yesterday down in Everglades City. I was quite impressed, and -- to partake in something like that and to be part of this 100 years of Collier County. And I'll just kind of preference -- kind of roll off into what statements -- I know we had the curator from our county museums here, and she was walking around the room and talking about our rich history. And one thing that kind of touched on me, she had made the comment -- and we're talking, like, in the early 1940s that, you know, we wouldn't realize that Naples wouldn't have had the attention it had if it wasn't for the actual airport. She touched on it. And I started thinking about it, and, you know, the men and women that were stationed here from the Army Air Corps back in the 1940s were from all over the country. You know, they were the eyes and ears who sent back this beautiful paradise back to the other states that they came from. And, you know, by being stationed here in that early time, it kind of brought the attention to -- and probably made Naples what it May 9, 2023 Page 123 is today, you know, because it got spread around. You know, you've got young 19-, 20-year-olds, never been away from home, and, you know, they're plopped down here next to white-sand beaches, and, you know, making $10 a month from the Army Air Corps in 1940. But -- so I think the airport -- we have to look at that, too, as a very, very important part of our history that made our history here. I don't know if it is or what, but I know the airport now falls under the -- it was annexed by the city at some point. And I know there's some things going on with the city and the airport to the point that the city's actually hired an attorney at $1,000 an hour to try to shut the airport down, basically, is where we're going. So I think it is a part of our history, and I think we probably have a duty in some way to make sure that's preserved. And, you know, that being said, I just wanted to make sure -- I wanted to make a statement on that and bring that awareness to our board and everybody else who might be listening out there. And another thing, you guys might already know the answer to this, and maybe I just overlooked it, but I know we passed the affordable housing agenda a few months back, and it was sent up to Tallahassee. Is there some sort of report, or is there something -- information that comes back to us when that's filed and authorized or -- I mean, I'm not sure exactly the process on that. MS. PATTERSON: I'll get Mr. French up here to answer that, for the four affordable housing initiatives that were transmitted to the state, those last four. MR. FRENCH: Yes, ma'am. Thank you, Commissioner. Again, for the record, Jamie French. So, Commissioners, those were in transmittal. Those will be coming back to you for adoption. The legislation recently passed would not impact those because May 9, 2023 Page 124 this is -- this is certainly not more restrictive. This provides additional allowances for developers to move forward. With regards to the surtax bill, that needs to go to your surtax committee, which is this upcoming meeting, and then once that has been passed, then we would then start to solicit and bring items forward for Board consideration. COMMISSIONER KOWAL: Thank you. CHAIRMAN LoCASTRO: Commissioner Saunders. COMMISSIONER SAUNDERS: Thank you. I've got a couple items. I think we may have all received a letter from Mayor Teresa Heitmann concerning the Collier County Citizens Corps. I had no idea what that was. I read all about it. I still don't really know what it does. COMMISSIONER KOWAL: I think she's referring to the Army Corps. CHAIRMAN LoCASTRO: Yeah. That's what we were talking about today. She wants to be one of the 15, or whatever the number is, seven. COMMISSIONER SAUNDERS: Yeah. Then I misunderstood, because she did refer to the Collier County Citizens Corps. MS. PATTERSON: She did, which is also a thing. COMMISSIONER SAUNDERS: Which is a thing. And so -- COMMISSIONER McDANIEL: And not our thing. COMMISSIONER SAUNDERS: No. This is -- COMMISSIONER McDANIEL: That's why we have a thing. COMMISSIONER SAUNDERS: So maybe we need to -- MS. PATTERSON: We'll get clarification from the mayor on what specifically she's requesting. If it's the Corps -- the Army Corps of Engineer's Coastal Resilience Study and that group, the May 9, 2023 Page 125 committee, or if it's the actual CCC. COMMISSIONER SAUNDERS: We're going to make those appointments in a couple weeks. MS. PATTERSON: Yes, correct. COMMISSIONER SAUNDERS: But on the Collier County Citizens Corps, maybe it's something we should repeal if it's not something that's active just -- I'll throw that out there. MS. PATTERSON: Understood. COMMISSIONER SAUNDERS: It's very interesting, but I'm not sure if it's ever met or -- COMMISSIONER McDANIEL: It hasn't. COMMISSIONER SAUNDERS: It hasn't convened in, certainly, the last 10, 12 years. Then another item, I was told that there's some problems at the Santa Barbara Canal in terms of cleaning it up, so I would just pass that on, that -- I was told that basically the entire length of the Santa Barbara Canal. It's near where the bridge repair is -- replacement is going in, and I've been told that it's in real need of attention. MS. PATTERSON: Okay. And no problem. We'll talk to Stormwater about that. COMMISSIONER SAUNDERS: Okay. And then we had a Productivity Committee meeting a few weeks ago, and one of the issues was the implementation of their recommendations concerning our park and recreation operations, signage and things of that nature. And I'd like to get -- I think it would be important for the Board to get a little bit of a report back at some point as to what those recommendations were and which ones have been able to be implemented and that sort of thing. Signage was a big issue. Friends of the Collier County Parks was a big issue. And then, finally, at our second meeting in June I'm going to be placing on the agenda an issue dealing with Quiet Florida -- that's one May 9, 2023 Page 126 of the reasons why I brought up the OPPAGA issue just a few minutes ago -- dealing with state legislation. That OPPAGA report will probably be out by then. And so I'm going to place on the agenda an item to discuss that. The group -- the Quiet Florida group will be asking us to consider being a sponsor of or placing our logo on and/or putting this information on our web page dealing with what the law is as it relates to people altering their mufflers and doing things that are, quite frankly, illegal. And so that will be part of the discussion. And you may -- staff may need to kind of provide us a little bit of a background as to what we can put on our web page. I know we shouldn't put anything on there unless it's approved by the Commission, but what that process would be for consideration when that comes up in a few -- in about a month. And that is it. Thank you. CHAIRMAN LoCASTRO: Just to piggyback. I actually -- when I saw that letter from the mayor of Naples, I thought she was referring to the Army Corps, so that's why I was a little ambiguous with my comments here. I didn't want to call her out, but we're talking about it. But that's where I sit here -- and this is just my own personal comment. I think if we're trying to have a group of people that are sort of, you know, equal in peers, you know, if we nominate a few citizens, then all of a sudden, the mayor of Naples has got one of those seven spots, you know, it's just something to think about. But I guess we'll see the applicants that come in. But you might be right. She might be talking about somebody that's quite a bit dated. But I think she means the army group. But it was like -- and my -- you know, off the top of my head, I would say to the mayor, nominate somebody maybe from your staff. I don't know that it needs to be the mayor, but that's just me. And I know we're not May 9, 2023 Page 127 voting right now, so... MS. PATTERSON: Yep. CHAIRMAN LoCASTRO: Commissioner McDaniel. COMMISSIONER McDANIEL: I just want to echo my gratitude and thanks again for the Centennial celebration in Everglades City yesterday. It went flawless, in my personal opinion, and thank you again to our lobbyist. Thank you. Thank you, I just can't say thank you enough. The things -- again, the things that you have done for our community are off the chart. CHAIRMAN LoCASTRO: Commissioner Hall. COMMISSIONER HALL: Just echoing the Centennial. One thing I thought was really cool in reading the history, when Barron G. Collier gave the land for our county, his whole name is Barron Gift Collier. And I just thought that was neat. That, you know, you name a man, and he fulfills his destiny. So I just appreciate him from that. So if you hear me, Barron, just know that we give you the love for that. There is a friend of the mayor's that will -- that -- we talked to her at lunch. She will be applying for the Army Corps of Engineers thing. So I don't know that that's what the mayor was -- so her good friend will be applying, so she said, I'll get right on that, and that's all. CHAIRMAN LoCASTRO: Okay. Tell me if you think you were thinking this, but during all of this historical conversations about the Centennial, every time they talked about Barron Collier way back when, like, bought up a bunch of land, tell me if in your mind you weren't thinking, dang, if -- I wish I would have been back there, right? I would have bought up every single bit I could have, right? I mean, you think he was buying it for pennies on the dollar, and nobody could have imagined, except maybe him, the Mackle brothers and all that, what could have been. But every time I hear those stories, I just think, gosh, how much May 9, 2023 Page 128 was that acreage? It could have been, you know, a dollar an acre, and people probably thought, that's crazy. Who's going to live here, right? COMMISSIONER SAUNDERS: I think it was in the pennies per acre, in that range. CHAIRMAN LoCASTRO: Was it? People always tell me on Marco that lots used to -- when they were, like, $5,000 waterfront, people thought, that is nuts. That's crazy talk. Anyway. I did neglect to say one thing. I spent Saturday from 9:00 a.m. to 5:00 p.m. in Tampa attending basically a state-run MPO meeting where they talked about transportation at more of a state level. So I'm going to go through my notes. I'll send out a one-way communication. There were some really good slides in there that I asked for that might be worth just sort of taking a look at that talk about how things happen at the state level when it comes to transportation-type things. There was -- and it was attended by county commissioners, there were mayors there, there were city council members. It was a good group. It was at the Marriott at the airport in one of their conference rooms. But I grabbed everything I could slide-wise, and I thought I took good notes. So I'll put something together over the next few days and send it out. And then at our next MPO meeting maybe I'll give, like, a little presentation. But it was really great, and it was great to connect with, you know, other peers who have a lot of similar challenges across, you know, their different areas. But having said that, any follow-ups? We forget anything? Troy, have you got somebody on the line that wants to speak? MR. MILLER: Actually, no one on Zoom at all today, sir. CHAIRMAN LoCASTRO: Okay. We're adjourned. Thank May 9, 2023 Page 129 you. ******* ****Commissioner Saunders moved, seconded by Commissioner LoCastro, and carried that the following items under the consent and summary agendas be approved and/or adopted**** Item #16A1 FINAL ACCEPTANCE OF THE POTABLE WATER AND SEWER UTILITY FACILITIES AND ACCEPT THE CONVEYANCE OF A PORTION OF THE POTABLE WATER AND SEWER UTILITY FACILITIES AND APPURTENANT UTILITY EASEMENT FOR STOR-ALL AT TREE FARM, PL20220005737 Item #16A2 FINAL ACCEPTANCE OF THE POTABLE WATER UTILITY FACILITIES AND ACCEPT THE CONVEYANCE OF A PORTION OF THE POTABLE WATER UTILITY FACILITIES AND APPURTENANT UTILITY EASEMENT FOR THE WILLOUGH AT NAPLES – FIRE LINE, PL20220000571 Item #16A3 RECORDING THE FINAL PLAT OF ESPLANADE BY THE ISLANDS - PHASE 3 (APPLICATION NUMBER PL20220005192) APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE PERFORMANCE SECURITY IN THE AMOUNT OF May 9, 2023 Page 130 $5,341,619.06 Item #16A4 RECORDING THE MINOR FINAL PLAT DORADO AT FIDDLER’S CREEK - REPLAT, APPLICATION NUMBER PL20210003318 Item #16A5 AMENDMENT NO. 1 TO THE INTERLOCAL AGREEMENT WITH THE SCHOOL DISTRICT OF COLLIER COUNTY, RELATED TO AGREEMENT NO. 20-7708, DESIGN-BUILD VETERANS MEMORIAL BOULEVARD EXTENSION, PHASE I (COUNTY PROJECT NUMBER 60198), FOR $17,752.35 Item #16A6 AWARD INVITATION TO BID (“ITB”) NO. 22-8045 “FIBER OPTICS INSTALLATION, REPAIR, AND MAINTENANCE”, TO INTELLIGENT INFRASTRUCTURE SOLUTIONS, LLC, AS THE PRIMARY VENDOR, AND AZTEK COMMUNICATIONS OF SOUTH FLORIDA, INC., AS THE SECONDARY VENDOR, AND AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED AGREEMENTS Item #16A7 THE CLERK OF COURTS TO RELEASE A LETTER OF CREDIT IN THE AMOUNT OF $24,580 WHICH WAS POSTED AS A GUARANTEE FOR WORK ASSOCIATED WITH THE May 9, 2023 Page 131 CONSTRUCTION OF A SMALL SECTION OF THE DRIVEWAY TO THE ADJACENT PROPERTY LOCATED TO THE EAST OF MARQUESA PLAZA AT BALDRIGE PUD, PL20120001665, AND PL20180002247 Item #16A8 THE CLERK OF COURTS TO RELEASE A PERFORMANCE BOND IN THE AMOUNT OF $539,200 WHICH WAS POSTED AS A GUARANTEE FOR EXCAVATION PERMIT NUMBER PL20200000810 FOR WORK ASSOCIATED WITH TAMARINDO Item #16A9 THE CLERK OF COURTS TO RELEASE A PERFORMANCE BOND IN THE AMOUNT OF $29,600 WHICH WAS POSTED AS A DEVELOPMENT GUARANTEE FOR AN EARLY WORK AUTHORIZATION (EWA) FOR WORK ASSOCIATED WITH WINCHESTER PPL, PL20220001541 Item #16A10 WAIVE LIQUIDATED DAMAGES IN THE AMOUNT OF $508,690.00 AGAINST PAVEMENT MAINTENANCE, LLC, FOR CONTRACT NO. 21-7887, RANDALL BOULEVARD AT EVERGLADES BOULEVARD INTERSECTION IMPROVEMENTS, ARISING FROM THE DELAYED ACQUISITION OF TRAFFIC SIGNAL EQUIPMENT, AND APPROVE/RATIFY THE AFTER-THE-FACT PAYMENT OF THE FINAL PAYMENT APPLICATION IN THE AMOUNT OF May 9, 2023 Page 132 $258,592.43, SUBJECT TO THE CONTRACTOR PROVIDING ALL REQUIRED BACKUP DOCUMENTATION PREREQUISITE TO PROCESSING PAYMENT (PROJECT NUMBER 60242) Item #16A11 A WORK ORDER WITH APTIM ENVIRONMENTAL & INFRASTRUCTURE, INC. TO PROVIDE PROFESSIONAL ENGINEERING SERVICES FOR 2024-2025 LOCAL GOVERNMENT FUNDING REQUEST UNDER CONTRACT NO. 18-7432-CZ FOR TIME AND MATERIAL NOT TO EXCEED $26,052.00, AUTHORIZE THE CHAIRMAN TO EXECUTE THE WORK ORDER, AND MAKE A FINDING THAT THIS ITEM PROMOTES TOURISM (FUND 195, PROJECT NO. 90065) Item #16A12 BUDGET AMENDMENTS TO REALLOCATE FUNDS FROM STORMWATER BOND FUND 327 RESERVES TO GOLDEN GATE AND GORDON RIVER STORMWATER IMPROVEMENTS PROJECTS IN THE TOTAL AMOUNT OF $4,000,000 Item #16A13 - Moved to Item #11D (Per Agenda Change Sheet) Item #16A14 RESOLUTION 2023-82: A RESOLUTION AUTHORIZING THE ACQUISITION BY GIFT OR PURCHASE OF DRAINAGE EASEMENTS NECESSARY FOR THE CONSTRUCTION OF STORMWATER MANAGEMENT IMPROVEMENTS REQUIRED May 9, 2023 Page 133 FOR THE WEST GOODLETTE-FRANK ROAD AREA STORMWATER IMPROVEMENT PROJECT (PHASE 2), PROJECT NO. 60142; AND AUTHORIZE THE NECESSARY BUDGET AMENDMENT. (ESTIMATED FISCAL IMPACT: $930,000. THE SOURCE OF FUNDING IS THE STORMWATER FUND 325.) Item #16A15 RESOLUTION 2023-83: EXECUTE A LOCAL AGENCY PROGRAM (LAP) CONSTRUCTION AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) REIMBURSING THE COUNTY UP TO $1,407,595 ($607,595 – FDOT SAFE ROUTES TO SCHOOL) AND ($800,000 - COLLIER COUNTY MPO URBANIZED AREA (SU FUNDS)) FOR THE CONSTRUCTION OF A 6-FOOT SIDEWALK AT EDEN PARK ON THE SOUTH SIDE OF CARSON ROAD FROM WESTCLOX DRIVE TO CARSON LAKES CIRCLE; EXECUTE A RESOLUTION MEMORIALIZING THE BOARD’S ACTION. AND AUTHORIZE THE NECESSARY BUDGET AMENDMENT (PROJECT 33622), FPN 441480-1-58-01 Item #16A16 RESOLUTION 2023-84 AND RESOLUTION 2023-85: A FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) BEAUTIFICATION GRANT FOR $100,000 FOR MEDIAN IRRIGATION AND LANDSCAPING IMPROVEMENTS ON DAVIS BOULEVARD (STATE ROAD 84) FROM SANTA BARBARA BOULEVARD TO FIRANO DRIVE; APPROVE A JOINT PARTICIPATION AGREEMENT BETWEEN THE FDOT May 9, 2023 Page 134 AND COLLIER COUNTY IN THE AMOUNT OF $865,000 FOR MEDIAN IRRIGATION AND LANDSCAPING IMPROVEMENTS ON DAVIS BOULEVARD (STATE ROAD 84) FROM SANTA BARBARA BOULEVARD TO COLLIER BOULEVARD; AUTHORIZE THE CHAIRMAN TO EXECUTE THE AGREEMENTS; AUTHORIZE THE CHAIRMAN TO EXECUTE THE RESOLUTIONS MEMORIALIZING THE BOARD’S ACTION; AND AUTHORIZE THE NECESSARY BUDGET AMENDMENTS (COMPANION TO ITEM 16A17) Item #16A17 RESOLUTION 2023-86: A LANDSCAPE MAINTENANCE AND INSTALLATION AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) AND COLLIER COUNTY FOR MEDIAN IRRIGATION AND LANDSCAPING IMPROVEMENTS ON DAVIS BOULEVARD (STATE ROAD 84) FROM SANTA BARBARA BOULEVARD TO COLLIER BOULEVARD, AUTHORIZE THE CHAIRMAN TO SIGN A RESOLUTION MEMORIALIZING THE BOARD'S ACTION AND ALLOW PROJECT ACTIVITY (COMPANION TO ITEM 16A16) Item #16A18 - Moved to Item #11C (Per Agenda Change Sheet) Item #16A19 AN AGREEMENT FOR THE PURCHASE OF PERMANENT AND TEMPORARY EASEMENTS (COMPOSITE PARCELS 177DE AND 177DAE, PARCEL 177TCE1, PARCEL 177TCE2, AND PARCEL 177ROE) REQUIRED FOR THE May 9, 2023 Page 135 CONSTRUCTION OF STORMWATER MANAGEMENT IMPROVEMENTS FOR THE BIG CYPRESS GOLF AND COUNTRY CLUB ESTATES/COUNTRY CLUB OF NAPLES AREAS PROJECT, THE UPPER GORDON RIVER CHANNEL IMPROVEMENTS PROJECT, AND THE SOLANA ROAD STORMWATER IMPROVEMENTS PROJECT, AND AUTHORIZE THE BOARD TO DELEGATE AUTHORITY TO THE COUNTY MANAGER TO APPROVE AND EXECUTE A WORK ORDER IN AN AMOUNT NOT TO EXCEED $850,000 TO EXPEDITE CONSTRUCTION ACTIVITY, SUBJECT TO BEING RATIFIED BY THE BOARD AT ITS NEXT REGULAR MEETING. ESTIMATED FISCAL IMPACT: $878,500 (PROJECT NO. 60102) Item #16B1 CHANGE ORDER NO. 1 TO AGREEMENT NO. 21-7845, BAYSHORE DRIVE REDEVELOPMENT PROJECT, WITH STANTEC CONSULTING SERVICES, INC., TO ADD AN ADDITIONAL 90 DAYS TO THE AGREEMENT (P.O NO. 4500218097) Item #16C1 THE BOARD OF COUNTY COMMISSIONERS, AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, APPROVE A WORK ORDER UNDER A REQUEST FOR QUOTATION (“RFQ”) FOR AGREEMENT NO. 20-7800 FOR “MODIFICATIONS TO NRO WELL #11” TO DOUGLAS N. HIGGINS, INC., IN THE AMOUNT OF $588,380, APPROVE STAFF OPENING A May 9, 2023 Page 136 PURCHASE ORDER TO COMMENCE SERVICES, AND AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED WORK ORDER. (PROJECT NO. 70085) Item #16C2 RATIFY AND APPROVE CHANGE ORDER NO. 1, PROVIDING FOR A 150-DAY TIME EXTENSION AND $9,887.37 DRAW ON OWNER’S ALLOWANCE UNDER REQUEST FOR QUOTATION NO. 19-7622-302.25 WITH US WATER SERVICES CORPORATION UNDER AGREEMENT 19-7622, FOR THE PUMP STATION 302.25 REHABILITATION PROJECT, AND AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED CHANGE ORDER (PROJECT NO. 70145) Item #16C3 CHANGE ORDER NO. 3, ALLOCATING A PORTION OF THE OWNER’S ALLOWANCE TO COVER THE COSTS FOR WORK DIRECTIVES NOS. 1 AND 2 IN THE AMOUNT OF $9,226.49 UNDER AGREEMENT NO. 20-7800, FOR THE “ORANGE TREE WASTEWATER TREATMENT PLANT DRIVEWAY RELOCATION PROJECT,” WITH QUALITY ENTERPRISES, USA, INC., RATIFY THE WORK COMPLETED UNDER WORK DIRECTIVES NO. 1 AND 2, AND AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED CHANGE ORDER Item #16C4 THE SELECTION COMMITTEE’S RANKING AND AUTHORIZE STAFF TO BEGIN CONTRACT NEGOTIATIONS WITH May 9, 2023 Page 137 HARVARD JOLLY, INC., RELATED TO REQUEST FOR PROFESSIONAL SERVICES NO. 22-8033 FOR “DESIGN SERVICES FOR HARDENING AND EXPANSION OF THE COLLIER SENIOR CENTER BUILDING," SO STAFF CAN BRING A PROPOSED AGREEMENT BACK FOR THE BOARD’S CONSIDERATION AT A FUTURE MEETING (PROJECT 50219) Item #16C5 A BUDGET AMENDMENT FOR THE WATER DIVISION IN THE AMOUNT OF $279,500 TO REDISTRIBUTE EXISTING DIVISION FUNDS TO COVER THE COSTS ASSOCIATED WITH THE INCREASED PURCHASE OF BULK WATER TO FUND CONTINUED OPERATIONS IN THE WATER DIVISION BUDGET THROUGH THE END OF FISCAL YEAR 2023 Item #16D1 - (Continued from the April 25, 2023, BCC Meeting) A BUDGET AMENDMENT IN THE AMOUNT OF $100,000 TO TRANSFER FUNDING WITHIN THE COUNTY-WIDE CAPITAL FUND (301) TO CONTINUE FUNDING EBOOK COLLECTIONS TO MEET PATRON DEMAND FOR DIGITAL RESOURCES AND MATERIALS FOR COLLIER COUNTY PUBLIC LIBRARIES Item #16D2 RESOLUTION 2023-87: A RESOLUTION SUPERSEDING RESOLUTION NOS. 2021-263, 2018-135, 2018-44, 2016-245, AND 2008-26, AND ALL OTHER RESOLUTIONS ESTABLISHING LICENSE AND FEE POLICIES, TO APPROVE May 9, 2023 Page 138 THE SALE AND PROPOSED RATE SCHEDULE FOR FUEL AT COUNTY-OWNED MARINAS AND AUTHORIZE THE NECESSARY BUDGET AMENDMENTS Item #16D3 THE STATE HOUSING INITIATIVE PARTNERSHIP HURRICANE HOUSING RECOVERY PROGRAM AWARD IN THE AMOUNT OF $957,820 TO ASSIST ELIGIBLE COLLIER COUNTY HOUSEHOLDS WHOSE PRIMARY RESIDENCE SUSTAINED DAMAGE AS A RESULT OF HURRICANE IAN, AUTHORIZE THE NECESSARY BUDGET AMENDMENT, AND AUTHORIZE TWO (2) FULL-TIME EQUIVALENT GRANT- FUNDED POSITIONS TO SUPPORT PROGRAM ADMINISTRATION (SHIP GRANT FUND 791) Item #16D4 THE CHAIRMAN TO EXECUTE A LANDLORD PAYMENT AGREEMENT ALLOWING THE COMMUNITY AND HUMAN SERVICES (CHS) DIVISION TO ADMINISTER THE RAPID RE- HOUSING AND HOMELESSNESS PREVENTION PROGRAM THROUGH THE EMERGENCY SOLUTIONS AND RAPID UNSHELTERED SURVIVOR HOUSING GRANTS PROGRAM Item #16D5 AN “AFTER-THE-FACT” AMENDMENT WITH THE AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC., REGARDING AMERICAN RESCUE PLAN ACT FUNDING May 9, 2023 Page 139 UNDER THE HOME-BASED COMMUNITY SERVICES- ENHANCED HOME CARE FOR THE ELDERLY GRANT PROGRAM FOR THE COLLIER COUNTY SERVICES FOR SENIORS PROGRAM TO AMEND THE TERM OF THE CONTRACT, UPDATE TABLE 2 DELIVERY SCHEDULE AND 3 PAYMENT SCHEDULE AND ASSIGN THE CSFA NUMBER. (HUMAN SERVICE GRANT FUND 707) Item #16E1 AN ACCESS AND CONFIDENTIALITY AGREEMENT BETWEEN COLLIER COUNTY AND NCH HEALTHCARE SYSTEM, INC., TO ALLOW EMS TO OBTAIN ACCESS TO PATIENT OUTCOMES FROM NAPLES COMMUNITY HOSPITAL UTILIZING THE EPICCARE LINK SOFTWARE SYSTEM Item #16E2 THE ADMINISTRATIVE REPORT PREPARED BY THE PROCUREMENT SERVICES DIVISION FOR DISPOSAL OF PROPERTY THAT IS NO LONGER VIABLE, WAS TRADED IN, OR DAMAGED BEYOND REPAIR DURING HURRICANE IAN, AND THE REMOVAL OF THE PROPERTY FROM THE COUNTY’S CAPITAL ASSET RECORDS Item #16E3 EXPENDITURES UNDER A SOLE-SOURCE WAIVER FOR A PERIOD OF FIVE YEARS, IN AN AMOUNT NOT TO EXCEED $100,000 PER FISCAL YEAR, TO OBTAIN ORIGINAL May 9, 2023 Page 140 EQUIPMENT MANUFACTURER (“OEM”) PARTS AND SERVICES FROM MENZI USA SALES, INC., NECESSARY TO MAINTAIN COUNTY-OWNED MENZI MUCK WALKING EXCAVATORS Item #16F1 THE CHAIRMAN TO SIGN A MUTUAL RELEASE PROVIDING FOR FINAL PAYMENT TO SPORTS FIELDS, INC., IN THE AMOUNT OF $28,465.12 FOR ACTUAL SUBSTANTIATED SERVICES IT RENDERED UNDER AGREEMENT NO. 18-7404 CONCERNING COLLIER COUNTY SPORTS COMPLEX MARKETING AND SUPPORT FOR THE PARADISE COAST SPORTS COMPLEX. Item #16F2- Moved to Item #11E (Per Agenda Change Sheet) Item #16F3 CHANGE ORDER NO. 8 PROVIDING FOR A 99-DAY TIME EXTENSION WITH ZERO FINANCIAL IMPACT UNDER AGREEMENT NO. 16-6622 WITH Q GRADY MINOR AND ASSOCIATES, P.A., FOR THE ENGINEERING AND DESIGN SERVICES ASSOCIATED WITH THE CONSTRUCTION OF BIG CORKSCREW ISLAND REGIONAL PARK DUE TO DELAYS EXPERIENCED BY THE GENERAL CONTRACTOR’S MATERIAL AVAILABILITY AND MANPOWER SHORTAGES AND AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED CHANGE ORDER (PROJECT NO. 80039) Item #16F4 May 9, 2023 Page 141 CHANGE ORDER NO. 4 IN THE AMOUNT OF $48,317.76, UNDER CONSTRUCTION AGREEMENT NO. 21-7899 WITH HASKINS, INC., FOR THE HAMILTON AVENUE IMPROVEMENTS PROJECT THAT MEMORIALIZES ADDITIONAL REPAIR WORK INITIATED DURING THE HURRICANE IAN STATE OF EMERGENCY, WHICH THE BOARD PREVIOUSLY AUTHORIZED PAYMENT FOR AT ITS MARCH 28, 2023, MEETING (PROJECT NO. 50171.1.3) Item #16F5 A FIRST AMENDMENT FOR SALE AND PURCHASE AGREEMENT WITH: (1) HENRIETTA ARNAY, (2) CHARLES E. BAILEY, (3) LOIS BEHNKE, (4) D & J INVESTORS, (5) DAVID JOYCE FOR PROPERTIES ON THE CYCLE 10 APPROVED ACQUISITION LIST FOR THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM Item #16F6 RESOLUTION 2023-88: A RESOLUTION APPROVING AMENDMENTS (APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS, OR INSURANCE PROCEEDS) TO THE FISCAL YEAR 2022-23 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 #16I1 May 9, 2023 Page 142 MAY 9, 2023, MISCELLANEOUS CORRESPONDENCE BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE MAY 9, 2023 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. DISTRICTS: 1) Quarry Community Development District: 04/18/2023 Agency Letter; 12/12/2022 Advertising Affidavit, Agenda, 12/12/2022 Agency Minutes Signed; 04/19/2023 Agency Letter; 01/09/2023 Agenda, Advertising Affidavit, Agency Resolution 2023-01; 01/09/2023 Agency Minutes Signed B. OTHER: 1) May 9, 2023 Page 143 Item #16J1 REPORT TO THE BOARD REGARDING THE INVESTMENT OF COUNTY FUNDS AS OF THE QUARTER ENDED MARCH 31, 2023 Item #16J2 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 APRIL 13, 2023, AND APRIL 26, 2023, PURSUANT TO FLORIDA STATUTE 136.06) Item #16J3 THE BOARD APPROVE AND DETERMINE VALID PUBLIC PURPOSE FOR INVOICES PAYABLE AND PURCHASING CARD TRANSACTIONS AS OF MAY 03, 2023 Item #16J4 FIRST AMENDMENT FOR PROFESSIONAL SERVICES AGREEMENT NO. 21-7936, “PROFESSIONAL SERVICES FOR SAP S/4 HANA IMPLEMENTATION” WITH PHOENIX BUSINESS, INC., D/B/A PHOENIX BUSINESS CONSULTING FOR TASKS RELATED TO SAP SUCCESS FACTORS EMPLOYEE CENTRAL AND WORKFORCE TIME MANAGEMENT IN THE AMOUNT OF $1,768,251.00 (PROJECT NUMBER 50017) May 9, 2023 Page 144 Item #16K1 A STIPULATED FINAL JUDGMENT IN THE TOTAL AMOUNT OF $125,000 PLUS $15,048 IN STATUTORY ATTORNEY FEES FOR THE TAKING OF PARCELS 274RDUEAND 274TDRE REQUIRED FOR THE VANDERBILT BEACH ROAD EXTENSION PROJECT NO. 60168 Item #16K2 THE LITIGATION SETTLEMENT BETWEEN COLLIER COUNTY AND KENDALL PERRINE LLC AND APPROVE THE ACCEPTANCE OF $12,000 FROM KENDALL PERRINE LLC IN EXCHANGE FOR A RELEASE OF LIEN WITH A VALUE OF $97,309.70, IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS V. KENDALL PERRINE LLC OF COLLIER COUNTY, CASE NO. CES20210012676 Item #17A ORDINANCE 2023-22: AN ORDINANCE REZONING A RESIDENTIAL SINGLE-FAMILY-3 (RSF-3) LOT TO RESIDENTIAL MULTI-FAMILY-6 (RMF-6) IN GOLDEN GATE CITY TO ALLOW UP TO 2 MULTIFAMILY DWELLING UNITS ON 0.29± ACRES OF PROPERTY LOCATED AT 5196 23RD CT SW, NAPLES, FLORIDA, ON LOT 1, BLOCK 198, GOLDEN GATE UNIT 6, IN SECTION 21, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA [PL20210001906] May 9, 2023 Page 145 Item #17B RESOLUTION 2023-89: PETITION VAC-PL20220003566, TO DISCLAIM, RENOUNCE, AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN THE 10-FOOT PUBLIC UTILITY EASEMENT LOCATED ALONG THE BORDER BETWEEN LOTS 1 & 2 AND LOTS 3, 4, & 5, BLOCK 11, OF BONITA SHORES, UNIT NO. 2, AS RECORDED IN PLAT BOOK 3, PAGE 43, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED IN THE SOUTHWEST QUADRANT OF 6TH STREET AND VANDERBILT DRIVE, IN SECTION 5, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA May 9, 2023 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 2: 14 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL (7-24 ..._,, RICK LoCASTRO, CHAIRMAN ATTEST CRYSTAL K. KINZEL, CLERK Ort li-1 ' oc''Attest as to Chairman's ..: signature only These minutes approved by the Board on (p -13- 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 146