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BCC Minutes 09/26/2023September 26, 2023 Page 1 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida September 26, 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 Derek Johnssen, Clerk's Office, Finance & Accounting Director Troy Miller, Communications & Customer Relations Page 1 September 26, 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 September 26, 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 Page 2 September 26, 2023 ALLEGIANCE. 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 Page 3 September 26, 2023 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. Lunch Recess scheduled for 12:00 Noon to 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Invocation by Rabbi Amos Chorny, Beth Tikvah Synagogue 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. August 22, 2023, Board Meeting Minutes C. August 28, 2023, Emergency Board Meeting Minutes 3. AWARDS AND RECOGNITIONS A. EMPLOYEE 1) 20 YEAR ATTENDEES a) Kimberly Brandes - Transportation Engineering Division 2) 25 YEAR ATTENDEES 3) 30 YEAR ATTENDEES 4) 35 YEAR ATTENDEES B. ADVISORY BOARD MEMBERS C. RETIREES D. EMPLOYEE OF THE MONTH Page 4 September 26, 2023 4. PROCLAMATIONS A. Proclamation designating October 2023 as Florida Native Plant Month. To be accepted by Beth Courtright, Treasurer, Naples Chapter, Florida Native Plant Society. B. Proclamation designating September 2023 as Payroll Awareness Month in Collier County. To be accepted by Lori Brown, Erin Roxberry, and Julissa Perez. 5. PRESENTATIONS 6. PUBLIC PETITIONS 7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA 8. BOARD OF ZONING APPEALS 9. ADVERTISED PUBLIC HEARINGS A. This item requires the Commission members to provide ex-parte disclosure. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve a rezone Ordinance relating to the Brookside Marina by changing the zoning classification of real property from the Residential Single Family 4 (RSF-4) Zoning District to the General Commercial (C-4) Zoning District limited to a marina use for the property located on Davis Boulevard approximately 2/10 of one mile east of Tamiami Trail East in Section 2, Township 50 South, Range 25 East, consisting of 4.4± acres; and by providing an effective date. [PL20190001540] (District 2) 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 an Ordinance rezoning property to establish the Dunkin Donuts Collier Boulevard CPUD to allow up to 10,000 square feet of certain C-1, C-2, and C-3 uses on 1.98± acres of property located on the west side of Collier Blvd 350± feet north of Pine Ridge Road in Section 15, Township 49 South, Range 26 East, Collier County, Florida. (PUDZ-PL20220004546) (District 3) Page 5 September 26, 2023 10. BOARD OF COUNTY COMMISSIONERS 11. COUNTY MANAGER'S REPORT A. Recommendation to approve the proposed Collier County State and Federal Legislative and Administrative Priorities for 2024. (John Mullins, Director of Communications, Government & Public Affairs) (All Districts) B. Recommendation to provide insight and historical perspective to the Board relating to Arts and Cultural Grants program and make a recommendation for the Board to approve and authorize the Chairman to execute Tourist Development Tax Grant Agreements for FY 2023-2024 Marketing Grants (Category B) ($74,648) and Non-County Owned/Operated Museums (Category C-2) ($750,000), approve grant award of funds in the amount of $824,648 for both programs contingent upon FY 2024 budget availability, and make a finding that these expenditures promote tourism. (Paul Beirnes, Tourism Director) (All Districts) 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY A. AIRPORT B. COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA BY INDIVIDUALS NOT ALREADY HEARD DURING PREVIOUS PUBLIC COMMENTS IN THIS MEETING   B. STAFF PROJECT UPDATES C. STAFF AND COMMISSION GENERAL COMMUNICATIONS Page 6 September 26, 2023 ------------------------------------------------------------------------------------------------------------ 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 direct staff to advertise and bring back for a public hearing, an Ordinance amending the Land Development Code, to establish Rules of Decorum for Neighborhood Information Meetings (All Districts) 2) Recommendation to approve final acceptance of the potable water and sewer facilities and accept the conveyance of the sewer facilities for Destiny Church, PL20230007154. (District 3) 3) Recommendation to approve final acceptance of the potable water and sewer utility facilities for Lamborghini of Naples, PL20230011798 (District 4) 4) Recommendation to approve final acceptance of the sewer utility facilities and accept the conveyance of a portion of the sewer facilities for Pine Street Storage Warehouse, PL20230011735. (District 4) 5) Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $23,560, which was posted as a development guaranty for an Early Work Authorization (EWA) for work associated with Palisades, PL20220000268. (District 2) 6) Recommendation to approve the release of a code enforcement lien with an accrued value of $78,600 for payment of $27,913 in the code enforcement action titled Board of County Commissioners v. RCS Holdings LLC., in Code Enforcement Board Case No. CEPM20190007369 relating to property located at 7143 Marconi Ct., Collier County, Florida. (District 1) 7) Recommendation to approve an Agreement for Sale and Purchase Page 7 September 26, 2023 with 1) Garey D. Higdon; 2) Matthew Van Cleave; 3) Pedro Juan Perez Castro; 4) Richard D. Brewer; and 5) John Edwin English, as Trustee of the John Edwin English Trust (English Trust), under the Conservation Collier Land Acquisition Program, at a cost not to exceed $977,220. (District 5) 8) Recommendation that the Board approve the closure of Southbay Drive by Stock Development, the Developer of the Ritz Carlton Residences within the One Naples Planned Unit Development. (District 2) B. TRANSPORTATION MANAGEMENT DEPARTMENT 1) Recommendation to receive and accept the Marco Island Loop Trail Feasibility Study conducted by Florida Department of Transportation. (District 1) 2) Recommendation to approve an Agreement for the acquisition of a temporary construction easement (Parcel 102TCE) required for construction of the Vanderbilt Beach Road (US-41 to Goodlette-Frank Road) Project (Project No. 60199). Estimated fiscal impact: $54,108. (District 2) 3) Recommendation to approve the selection committee’s ranking and authorize staff to begin contract negotiations with the top-ranked firm, Johnson Engineering, Inc., concerning Request for Professional Services (“RPS”) No. 23-8082, “CEI Services for Vanderbilt Beach Road Widening,” so that staff can bring a proposed agreement back for the Board’s consideration at a future meeting. (Project #60199). (District 2) 4) Recommendation to award Invitation to Bid ("ITB") No. 23-8134, "Purchase and Delivery of Lime Rock (Double Crushed)," to Quality Enterprises USA, Inc., J & Y Group Enterprises LLC., Green Dream International LLC., Grippo Pavement Maintenance Inc., and authorize the Chairman to sign the attached Agreements. (All Districts) 5) Recommendation to approve the selection committee’s ranking and authorize staff to begin contract negotiations with the top-ranked firm, Atkins North America, Inc., related to Request for Professional Page 8 September 26, 2023 Services (“RPS”) No. 23-8071, “Design Services for Bridges within the Golden Gate Estates,” so staff can bring a proposed agreement back for the Board’s consideration at a future meeting. (Project #60212) (District 5) 6) Recommendation to approve after-the-fact Change Order No. 1 to Agreement No. 23-8111, “Collier County Emergency Berm Truck Haul and Construction - Reach A”, with Phillips and Jordan, Inc., to increase the contract amount from $6,723,041.50 to $6,771,654.62 to adjust the quantity of sand; to ratify administrative Change Order No. 1 to Agreement No. 23-8111, “Collier County Emergency Berm Truck Haul and Construction - Reach B”, with Earth Tech Enterprises, Inc., for sand redistribution; approve payment of Pay Applications No. 1 for both contractors; and make a finding that this expenditure promotes tourism. (FEMA Fund 1813, Hurricane Ian Project No. 50280) (All Districts) 7) Recommendation to approve and authorize the Chairman to sign a Supplemental Agreement to the Local Agency Program (LAP) Agreement with the Florida Department of Transportation (FDOT) to increase the grant award from $611,727 to $851,727 for construction of a five-foot sidewalk on the east side of Vanderbilt Drive from Vanderbilt Beach Road to 109th Avenue North; to adopt the accompanying resolution formally approving and authorizing its chairman to execute same on behalf of the Board; and to authorize the necessary Budget Amendments, FPN 438092-2-58-01. (Project #60255, Fund 1841) (District 2) 8) Recommendation to authorize a Budget Amendment to recognize revenue and transfer funding for projects within the Transportation Supported Gas Tax Fund (3083) and Transportation & CDES Capital Fund (3081) in the amount of $727,879.63. (Projects #60085, #60066, #60088, #69331, #69333, #69338 and #69340) (All Districts) 9) Recommendation to approve the Tourist Development Council Grant application requests from the City of Naples, the City of Marco Island and Collier County for FY 2023-2024 in the amount of $13,867,200, budget these expenditures, authorize the Chairman to execute an Agreement with the City of Naples, and make a finding that these expenditures promote tourism. (All Districts) Page 9 September 26, 2023 C. PUBLIC UTILITIES DEPARTMENT 1) Recommendation to authorize expenditures under Board approved standardization of goods, and accept single-source waivers, for the purchase of specialized proprietary equipment and services needed to establish, repair, and maintain operations at water and wastewater plants, pump stations, and wastewater collection system to meet demand and maintain compliance. (Not to exceed $6,000,000 annual spending for 1 year from CCWSD Funds (4008, 4012, 4014) (This Item is a companion Item #16C2) (All Districts) 2) Recommendation to approve and authorize expenditures under sole and single-source waivers for the purchase of specialized proprietary equipment and services needed to establish, repair, and maintain operations at water and wastewater plants, pump stations, and wastewater collection system to meet demand and maintain compliance. (Not to exceed $5,525,000 annual spending for 1 year from CCWSD Funds (4008, 4012, 4014) (This Item is a companion Item #16C1) (All Districts) 3) Recommendation to approve and adopt the FY2024 fee schedules established in the annual rate resolution for residential and commercial collection and disposal of solid waste and recycling at Collier County Solid Waste Facilities, including the landfill, transfer station, and recycling drop-off centers as presented in the FY2024 Solid Waste Budget. (All Districts) 4) Recommendation to adopt a Resolution superseding and replacing Resolution 1998-168 relating to the Special Service Charge Estoppel letter fee of the Collier County Water-Sewer District to increase the service change for estoppel letters from $2 to $25. (All Districts) 5) Recommendation to award Invitation to Bid (“ITB”) No. 23-8122, “Chlorinator Equipment Maintenance,” to Water Treatment and Controls Technology, Inc., with an estimated annual expenditure of $125,000.00 dependent on the number of repairs required to maintain the equipment and authorize the Chairman to sign the attached Agreement. (All Districts) Page 10 September 26, 2023 6) Recommendation to approve and execute documents necessary for the conveyance of a Utility Easement to the Collier County Water-Sewer District for utility infrastructure for a project on County-owned property, known as Ekos on Santa Barbara, located at 4640 Santa Barbara Boulevard. (District 1) D. PUBLIC SERVICES DEPARTMENT 1) Recommendation to approve and authorize the Chairman to sign the First Amendment between Collier County and the Shelter for Abused Women & Children, Inc., Community Development Block Grant Agreement CD22-02, to increase the amount of the agreement from $587,206 to $765,557 for a net change of $178,351 for additional roof replacement funding. (Grant Fund 1835) (All Districts) 2) Recommendation to accept an award from the Housing and Urban Development (HUD) Community Development Block Grant (CDBG- CV) Funding program through the Florida Department of Commerce in the amount of $981,067 for the construction and expansion of the Collier Senior Center Golden Gate facility, authorize the Chairman to sign the attached agreement and authorize the necessary Budget Amendments. (Housing Grant Fund 1835) (All Districts) 3) Recommendation to authorize purchases from Bibliotheca, LLC, and OverDrive, Inc., as exemptions from the competitive process for the acquisition of electronic resource materials for library patron use, in a not-to-exceed the amount of $600,000 per fiscal year, as budgeted, through FY 2028. (All Districts) 4) Recommendation to approve twenty-three (23) mortgage satisfactions for the State Housing Initiatives Partnership loan program in the amount of $1,150,000. (SHIP Grant Fund 1053) (All Districts) 5) Recommendation to approve and authorize the chairman to sign eleven (11) mortgage satisfactions for the State Housing Initiatives Partnership loan program in the amount of $237,565.90 and approve the associated Budget Amendment to appropriate repayment amount totaling $237,565.90 (SHIP Grant Fund 1053). (All Districts) 6) Recommendation to approve the submittal of the FY23-24 State Aid Page 11 September 26, 2023 to Library Grant along with the 2023-2027 Strategic Plan and other documentation required for grant application submission and authorize the Chairman to sign grant agreement #24-ST-08 and all certifications required for the submission of the grant application to the Florida Department of State, Division of Library and Information Services for funding in the estimated amount of $139,834. (Public Services Grant Fund 1839) (All Districts) 7) Recommendation to enact a resolution to authorize continued participation in the Local Provider Participation Fund for the Directed Payment Program and Graduate Medical Education Program. These programs will be solely funded by assessments on Collier County hospital-owned property or property used as a hospital in an assessment amount of $10,657,446. Authorize the County Manager to sign a Letters of Agreement in an amount not to exceed the total of $13,205,859.81 with the Agency for Health Care Administration and approve necessary Budget Amendments. (All Districts) 8) Recommendation to approve a Low Income Pool Letter of Agreement with the Agency for Health Care Administration, in the amount of $469,861 and a companion agreement with Collier Health Services, Inc., to participate in the Medicaid Low Income Pool Program, generating $647,792 in federal matching funds that will provide additional health services for the citizens of Collier County; to authorize the County Manager or designee to sign and execute the AHCA LIP Letter of Agreement; and to authorize the Chairman to execute the companion agreement with CHSI. (All Districts) 9) Recommendation to approve a First Amendment to Agreement No. 13-6014, “Vanderbilt Beach Concession,” with Day-Star Unlimited, Inc., d/b/a Cabana Dan’s, providing for a one-year extension. (District 2) E. CORPORATE BUSINESS OPERATIONS 1) Recommendation to authorize the approval of the $1,116 offer in full and final settlement of the EMS invoice regarding services rendered to Besart Marku. (All Districts) 2) Recommendation to approve an increase to the current budget Page 12 September 26, 2023 allowance for the purchase of protective footwear from Vic's Boot & Shoe, Inc., d/b/a Red Wing Shoe Store, from $200,000 to $300,000 annually. (All Districts) 3) Recommendation to adopt a Resolution adopting the Pay and Classification Plans for the County Manager’s Agency, Non-Union EMS, and the County Attorney’s Office effective October 1, 2023; to provide a general wage adjustment to eligible employees effective October 7, 2023; to approve the creation of new classifications, modification and/or deletion of classifications and assignment of pay ranges from the proposed Pay and Classification Plans, from July 1, 2023 forward using the existing point-factor job evaluation system and market data; and to authorize any necessary Budget Amendments in FY2024. (All Districts) F. COUNTY MANAGER OPERATIONS 1) Recommendation to approve and execute an Agreement to provide partial funding in the amount of $250,000.00 to the Greater Naples Fire and Rescue District, a Special District created by Laws of Florida, Chapter 2014-240, from revenue derived from the GAC Trust Fund-Land Sales, to purchase a Brush Truck, and to authorize a Budget Amendment to transfer the funds. (District 1, District 3, District 5) 2) Recommendation to approve and authorize the Chairman to sign the Thirteenth Amendment to the Agreement for Medical Examiner Services (Agreement No. 11-5776 - Medical Examiner), which will extend the term of the Agreement to September 30, 2024. (All Districts) 3) Recommendation to award Invitation to Bid (“ITB”) #23-8132, “Printing and Copying Services,” to Cecil Enterprises Inc., Direct Impressions Inc., Palm Printing/Printers Ink, Corp., Ray Lepar Printing, Inc., and Strategy Marketing Group, Inc., d/b/a Panther Printing. (All Districts) 4) Recommendation to adopt a Resolution approving amendments (appropriating grants, donations, contributions, or insurance proceeds) to the Fiscal Year 2022-23 Adopted Budget. (The Budget Page 13 September 26, 2023 Amendments in the attached Resolution have been reviewed and approved by the Board of County Commissioners via separate Executive Summaries.) (All Districts) 5) Recommendation to donate a surplus vehicle to Everglades City and authorize the Procurement Director, as designee for County Manager, to sign for the transfer of vehicle title pursuant to Florida Statute Chapter 274.05. (All Districts) 6) Recommendation to approve and authorize the Chairman to execute State-Funded Emergency Management Preparedness Assistance (EMPA) agreement A0345 accepting a Grant award totaling $105,806 from the Florida Division of Emergency Management (FDEM) for emergency management program enhancement and authorize the associated Budget Amendment. (Fund 1833, Project No. 33869) (All Districts) 7) Recommendation to award Invitation to Bid (“ITB”) No. 23-8140, “Plumbing Contractors” to BC Plumbing & Drain, Inc., as Primary Vendor, and Ackerman Plumbing, Inc., as Secondary Vendor, and authorize the Chairman to sign the attached agreements. (All Districts) 8) Recommendation to approve a resolution authorizing Intergovernmental Transfers (IGT) between Collier County EMS and the State of Florida Agency for Health Care Administration (AHCA) for FY24, to authorize Chairman to sign an Agreement with AHCA to accept direct payments from the program named Statewide Medicaid Managed Care (SMMC) for FY24 and to approve the necessary Budget Amendments. (All Districts) G. AIRPORT AUTHORITY 1) Recommendation to approve the attached resolution that approves and authorizes the County Manager to execute Airport Improvement Program (AIP) Grant Agreement number 3-12-0142-017-2023 in the amount of $900,798 and Airport Infrastructure Grant (AIG) Agreement number 3-12-0142-018-2023 in the amount of $891,000 with the Federal Aviation Administration (FAA); to approve and authorize the chairman to execute an amendment to Public Transportation Grant Agreement (PTGA) number G2861 with the Page 14 September 26, 2023 Florida Department of Transportation (FDOT) increasing FDOT’s participation by $1,097,962 for the construction of the county-owned bulk aircraft storage hangar at the Marco Island Executive Airport (MKY); and to authorize all necessary budget amendments. (Airport Grant Fund 4093, Airport Match Fund 4094, Airport Capital Fund 4091) (District 1) H. BOARD OF COUNTY COMMISSIONERS I. MISCELLANEOUS CORRESPONDENCE J. OTHER CONSTITUTIONAL OFFICERS 1) Recommendation to extend the 2023 Tax Roll at the request of Tax Collector Rob Stoneburner, CFC. (All Districts) 2) Recommendation to approve Tax Collector request for advance commissions in accordance with Florida Statute 192.102(1) for FY2024. (All Districts) 3) Recommendation to provide a letter of support (signed by the BCC Chairman) for the previously approved Fiscal Year 2022 Edward Byrne Memorial, Justice Assistance Grant (JAG) Countywide Program grant funds. (All Districts) 4) 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 August 31, 2023, and September 13, 2023, pursuant to Florida Statute 136.06. (All Districts) 5) Request that the Board approve and determine valid public purpose for invoices payable and purchasing card transactions as of September 20, 2023. (All Districts) K. COUNTY ATTORNEY 1) Recommendation to review and approve the proposed FY 2023 - 2024 Action Plan for Jeffrey A. Klatzkow, County Attorney. (All Districts) Page 15 September 26, 2023 2) The Annual Performance Appraisal for the County Attorney (All Districts) 3) Recommendation to approve and authorize the Chairman to execute a settlement agreement in the lawsuit styled Collier County Board of County Commissioners v. John Carroll and Kaci Renee Carroll, Case No. 23-SC-1795, now pending in the County Court of the Twentieth Judicial Circuit in and for Collier County, Florida, for the sum of $3,776.52. (All Districts) 4) Recommendation to approve and execute a Second Amendment to the Mediated Settlement Agreement between the County, La Minnesota Riviera, LLC, and the Riviera Golf Estates Homeowners Association, Inc., regarding settlement of a Bert Harris Claim concerning the Riviera Golf Course, in order to extend the timeframes provided for in the Agreement. (All Districts) L. COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation to adopt a Resolution of the Board of County Commissioners of Collier County, Florida, the Governing Body of the Community Redevelopment Agency, ratifying the Sale of Property to Catholic Charities as set forth in the Agreement for Sale and Purchase, approved on April 11, 2023, and evidenced by Statutory Deed. (District 5) ------------------------------------------------------------------------------------------------------------ 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. Recommendation to adopt an ordinance amending Ordinance 2022-42, Page 16 September 26, 2023 which established Milestone Inspections of aging condominium and cooperative buildings in unincorporated Collier County. (All Districts) B. Recommendation to approve a proposed amendment to Collier County Ordinance No. 2006-56, the Rock Road Improvement Municipal Service Taxing Unit (MSTU), to reestablish an advisory committee to provide input to the County on matters related to the MSTU. (District 5) C. Recommendation to adopt a resolution approving amendments (appropriating carry forward, transfers, and supplemental revenue) to the FY22-23 Adopted Budget. (The budget amendments in the attached Resolution have been reviewed and approved by the Board of County Commissioners via separate Executive Summaries.) (All Districts) D. Recommendation to adopt a resolution approving amendments (appropriating carry forward, transfers and supplemental revenue) to the Fiscal Year 2023-24 Adopted Budget. (All Districts) 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD’S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER’S OFFICE AT 252-8383. September 26, 2023 Page 2 MS. PATTERSON: Chair, you have a live mic. CHAIRMAN LoCASTRO: Oh, we've got a good crowd. Good morning, everyone. COMMISSIONER McDANIEL: Good morning, sir. CHAIRMAN LoCASTRO: We're going to do things a little bit out of the order this morning because we want to recognize a group. But before we have our invocation, Mr. Ed Finn, who leads our entire financial team, we were in here till the wee hours of -- all night Thursday, right? We spent Friday morning in here as well. And, you know, a lot of times -- most of the time it's the people behind the scenes that really do the heavy lifting that don't get seen, don't get heard, and sometimes, unfortunately, don't get appreciated. And the five of us didn't want to miss that opportunity. So, Mr. Finn, not only are we going to ask your group to lead the Pledge, but after the Pledge, I'd like you to take the podium and introduce the people in your group, and then we'd like to come down and take a photo with you because, you know, we were watching you-all scramble. And even though, you know, Commissioner McDaniel and a few of us were throwing out numbers, we don't do math in public very well, so we know you had people behind the scenes actually crunching the real numbers and bringing us back, you know -- you know, actual solutions. And that effort was noticed and appreciated by all of us, so we want to recognize you-all with the Pledge and then afterwards as well. So having said that, Rabbi, sir, the podium is yours. Item #1A INVOCATION AND PLEDGE OF ALLEGIANCE BY RABBI AMOS CHORNY, BETH TIKVAH SYNAGOGUE – September 26, 2023 Page 3 INVOCATION GIVEN RABBI CHORNEY: Good morning, everyone. COMMISSIONER McDANIEL: Good morning. AUDIENCE MEMBERS: Good morning. RABBI CHORNEY: As we gather here today for this, our commissioners' meeting, following the Jewish new year and in the midst of our county Centennial celebration, let us invoke blessings of unity, wisdom, equality, communal harmony, and environmental stewardship for our community during this beautiful fall season. With a spirit of renewal and the reflection left behind from Rosh Hashanah and Yom Kippur, the day of atonement, let us also soon welcome back our seasonal residents whose imminent return adds richness to our community's tapestry. May their presence remind us of the importance of inclusivity and diversity; that our decisions be just, equitable, and in harmony with the values of the season as we strive for a sustainable and harmonious future. Amen. CHAIRMAN LoCASTRO: Mr. Finn, why don't you bring all your group right up here to the center. COMMISSIONER McDANIEL: Front and center. CHAIRMAN LoCASTRO: Come on. Even the people who don't want to come up. Sir? (The Pledge of Allegiance was recited in unison.) 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 MCDANIEL; SECONDED BY Proposed Agenda Changes Board of County Commissioners Meeting September 26,2023 Move Item 16D2 to 11C: Recommendation to accept an award from the Housing and Urban Development(HUD) Community Development Block Grant (CDBG-CV)Funding program through the Florida Department of Commerce in the amount of$981,067 for the construction and expansion of the Collier Senior Center Golden Gate facility, authorize the Chairman to sign the attached agreement and authorize the necessary Budget Amendments. (Housing Grant Fund 1835)(All Districts)(26359)(Commissioner Saunders) Move Item 16A1 to 11D: Recommendation to direct staff to advertise and bring back for a public hearing, an Ordinance amending the Land Development Code,to establish Rules of Decorum for Neighborhood Information Meetings(All Districts)(24667)(Commissioners McDaniel and LoCastro separate requests) Move Item 16A7 to 11E: Recommendation to approve an Agreement for Sale and Purchase with 1)Garey D. Higdon;2)Matthew Van Cleave; 3)Pedro Juan Perez Castro; 4)Richard D. Brewer; and 5)John Edwin English, as Trustee of the John Edwin English Trust(English Trust), under the Conservation Collier Land Acquisition Program,at a cost not to exceed$977,220. (District 5)(26263)(Commissioner McDaniel) Notes: Correction to item 9A the location is within District 4 TIME CERTAIN ITEMS: 9/26/2023 8:47 AM September 26, 2023 Page 4 COMMISSIONER SAUNDERS - APPROVED AND/OR ADOPTED W/CHANGES CHAIRMAN LoCASTRO: All right. Mr. Finn, the podium's yours. Why don't you tell us a little bit about your team, and then we'll come down there and take a photo. MR. FINN: Very good. Thank you, sir. Edward Finn, Deputy County Manager. And, first, I'd like to thank the Board for the opportunity to excel on Thursday night. CHAIRMAN LoCASTRO: And Friday morning. MR. FINN: And Friday morning. I appreciate that. With that, the lead of the budget office is Chris Johnson and, perhaps, before I start, I'm going to tell the Board that three-quarters or more of the budget office has only been in the budget office for, in many cases, less than a year. This, in fact, is their first cycle through the budget office -- or budget process, so -- COMMISSIONER McDANIEL: How's that going? CHAIRMAN LoCASTRO: Yeah. I heard they all resigned on Monday. MR. FINN: I hate to say what I promised them to keep them all on board, but -- no, we appreciate the recognition. Chris Johnson, who you've met and know, and I have Laura, who's one of our longer-term employees. Stand up, Laura. Blanca, relatively new; Maggie, relatively new; AJ, again, relatively new. And with that, I'm happy to take a photo and do the best we can with that. CHAIRMAN LoCASTRO: Great. Thank you, sir. MR. FINN: Thank you, sir. CHAIRMAN LoCASTRO: We'll just stay up here like we normally do, so we're not so crowded. MR. FINN: Thank you. September 26, 2023 Page 5 CHAIRMAN LoCASTRO: Thank you, all. (Applause.) MS. PATTERSON: Commissioners, agenda changes for the Board of County Commissioners meeting September 26th, 2023. First, move Item 16D2 to 11C. This is a recommendation to accept an award from the Housing and Urban Development Community Development Block Grant funding program through the Florida Department of Commerce in the amount of $981,067 for the construction and expansion of the Collier Senior Center Golden Gate facility, authorize the Chairman to sign the attached agreement, and authorize the necessary budget amendments. This item is being moved to the regular agenda by Commissioner Saunders' request. Move Item 16A1 to 11D. This is a recommendation to direct staff to advertise and bring back for a public hearing an ordinance amending the Land Development Code to establish rules of decorum for neighborhood information meetings. This item is being moved to the regular agenda at Commissioner McDaniel and Commissioner LoCastro's separate requests. Move Item 16A7 to 11E. This is a recommendation to approve an agreement for sale and purchase with, 1, Garey D. Higdon; 2, Matthew Van Cleave; 3, Pedro Juan Perez Castro; 4, Richard D. Brewer; and, 5, John Edwin English, as trustee of the John Edwin English Trust, under the Conservation Collier Land Acquisition Program at a cost not to exceed $977,220. This item is being moved at Commissioner McDaniel's request. I do have a note. There's a correction to Item 9A. The location is within District 4, not District 2, as listed. Just as reminder, we have court reporter breaks set for 10:30 and 2:50. With that, County Attorney. MR. KLATZKOW: Nothing, thank you. September 26, 2023 Page 6 MS. PATTERSON: Chair? CHAIRMAN LoCASTRO: Nope. MS. PATTERSON: Agenda changes for the rest of the Board as well as ex parte on the summary and consent. CHAIRMAN LoCASTRO: Okay. Commissioner Kowal, do you have any changes? COMMISSIONER KOWAL: No changes to the agenda. I do have ex parte on 9A. I have meetings and emails. COMMISSIONER McDANIEL: This item's been -- COMMISSIONER KOWAL: Nothing on 9B. CHAIRMAN LoCASTRO: Yeah, just on consent agenda. MS. PATTERSON: Just on consent and summary. CHAIRMAN LoCASTRO: Yeah, consent and summary, I'm sorry, yeah. So nothing on consent and summary ex parte, correct? COMMISSIONER KOWAL: Correct. CHAIRMAN LoCASTRO: Okay. Yeah, we'll get to the other. Commissioner Saunders. COMMISSIONER SAUNDERS: Yeah, I have no changes and no ex parte. CHAIRMAN LoCASTRO: Okay. Commissioner Hall. COMMISSIONER HALL: No changes or ex parte. CHAIRMAN LoCASTRO: Commissioner McDaniel. COMMISSIONER McDANIEL: No ex parte. I do have a suggested change, and that's the continuance of 17B. It's our favorite subject of Rock Road. I know you said you didn't want to hear about it anymore, but too bad. CHAIRMAN LoCASTRO: No, it wasn't me. We all took a vote. COMMISSIONER McDANIEL: Oh, we did? CHAIRMAN LoCASTRO: No, no. Just kidding. Go ahead, September 26, 2023 Page 7 sir. COMMISSIONER McDANIEL: We did not take a vote without everybody here. CHAIRMAN LoCASTRO: True. COMMISSIONER McDANIEL: My suggestion is that we continue this item for at least a month and allow for some other things that are in the works with regard to advisory committees, et al, as opposed to creating an advisory board specifically for that for such a small budget amount. Now, I'll concede to Commissioner Saunders' thoughts with regard to this if, in fact -- because Rock Road used to be mine, and last year or a couple years ago it went over to Commissioner Saunders. So I don't want to -- I don't want to lean in too far. COMMISSIONER SAUNDERS: No issues at all with that as long as there's no legal problems in terms of advertising and that sort of thing. MR. KLATZKOW: You would have to readvertise it, but those costs are about $500. COMMISSIONER SAUNDERS: Yeah, I don't have any issue. COMMISSIONER McDANIEL: Let's -- if you don't mind, I'd like to continue that item for a month, and then -- and then I'll coordinate with the County Attorney in the event that we need to bring it forward again. COMMISSIONER SAUNDERS: All right. I'll second your motion to continue it. CHAIRMAN LoCASTRO: So I've got a motion by Commissioner McDaniel, a second by Commissioner Saunders. All in favor of continuing this a month? COMMISSIONER HALL: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN LoCASTRO: Aye. September 26, 2023 Page 8 COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN LoCASTRO: Opposed? (No response.) CHAIRMAN LoCASTRO: It passes unanimously. COMMISSIONER McDANIEL: And just to repeat, no ex parte and no other changes. CHAIRMAN LoCASTRO: Okay. And I have no changes and no ex parte on the consent agenda or summary agenda either. Next. MS. PATTERSON: That brings us to approval of today's regular, consent, and summary agenda as amended, including ex parte disclosure provided by commissioners. CHAIRMAN LoCASTRO: Okay. Do I have a motion to approve? COMMISSIONER McDANIEL: So moved. COMMISSIONER SAUNDERS: Second. CHAIRMAN LoCASTRO: Motion by Commissioner McDaniel, second by Commissioner Saunders. All in favor? COMMISSIONER HALL: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN LoCASTRO: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN LoCASTRO: Opposed? (No response.) CHAIRMAN LoCASTRO: It passes unanimously. September 26, 2023 Page 9 Item #2B AUGUST 22, 2023, BOARD MEETING MINUTES – MOTION TO APPROVE BY COMMISSIONER HALL; SECONDED BY COMMISSIONER KOWAL – APPROVED AS PRESENTED MS. PATTERSON: Item 2B is approval of the meeting minutes from August 22nd, 2023, board meeting. COMMISSIONER HALL: So moved. CHAIRMAN LoCASTRO: Okay. COMMISSIONER KOWAL: Second. CHAIRMAN LoCASTRO: Motion by Commissioner Hall, second by Commissioner Kowal. All in favor? COMMISSIONER HALL: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN LoCASTRO: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN LoCASTRO: Opposed? (No response.) CHAIRMAN LoCASTRO: It passes unanimously. Item#2C AUGUST 28, 2023, EMERGENCY BOARD MEETING MINUTES - MOTION TO APPROVE BY COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER HALL – APPROVED MS. PATTERSON: Item 2C is approval of the minutes from the August 28th, 2023, emergency Board meeting. COMMISSIONER McDANIEL: So moved. September 26, 2023 Page 10 COMMISSIONER HALL: Second. CHAIRMAN LoCASTRO: Motion by Commissioner McDaniel, second by Commissioner Hall. All in favor? COMMISSIONER HALL: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN LoCASTRO: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN LoCASTRO: Opposed? (No response.) CHAIRMAN LoCASTRO: It passes unanimously. Item #3A1 AWARDS AND RECOGNITIONS - KIMBERLY BRANDES - TRANSPORTATION ENGINEERING DIVISION – PRESENTED MS. PATTERSON: Item 3, awards and recognitions. We have one today, a 20-year attendee. Kimberly Brandes, Transportation Engineering Division, 20 years. Congratulations. (Applause.) Item# 4A PROCLAMATION DESIGNATING OCTOBER 2023 AS FLORIDA NATIVE PLANT MONTH. ACCEPTED BY BETH COURTRIGHT, TREASURER, NAPLES CHAPTER, FLORIDA NATIVE PLANT SOCIETY - MOTION TO ADOPT BY COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER LOCASTRO – ADOPTED September 26, 2023 Page 11 MS. PATTERSON: Item 4, proclamations. Item 4A is a proclamation designating October 2023 as Florida Native Plant Month. To be accepted by Beth Courtright, treasurer, Naples Chapter, Florida Native Plant Society. Congratulations. (Applause.) Item #4B PROCLAMATION DESIGNATING SEPTEMBER 2023 AS PAYROLL AWARENESS MONTH IN COLLIER COUNTY. ACCEPTED BY LORI BROWN, ERIN ROXBERRY, AND JULISSA PEREZ - MOTION TO ADOPT BY COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER LOCASTRO – ADOPTED MS. PATTERSON: Item 4B is a proclamation designating September 2023 as Payroll Awareness Month in Collier County. To be accepted by Lori Brown, Erin Roxberry, and Julissa Perez, Clerk of Courts office. Congratulations. (Applause.) CHAIRMAN LoCASTRO: Who's unaware of the payroll? (Applause.) MS. PATTERSON: Commissioners if we could get a motion to accept the proclamations. COMMISSIONER McDANIEL: So moved. CHAIRMAN LoCASTRO: I've got a motion by Commissioner McDaniel. I'll second it. All in favor? COMMISSIONER HALL: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN LoCASTRO: Aye. COMMISSIONER SAUNDERS: Aye. September 26, 2023 Page 12 COMMISSIONER KOWAL: Aye. CHAIRMAN LoCASTRO: Opposed? (No response.) CHAIRMAN LoCASTRO: It passes unanimously. Item #7 PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA MS. PATTERSON: Commissioners, that brings us to Item 7, public comments on general topics not on the current or future agenda. MR. MILLER: Mr. Chair, I have one. Having trouble reading this last name. Leroy -- yeah, what's your last name, sir? MR. CHAMNESS: Chamness. MR. MILLER: Chamness. If you'll come up to this podium, please. You have three minutes, sir. MR. CHAMNESS: The Florida Constitution, Article 1, Section 23, reads, in part: Right to privacy. Every natural person has the right to be let alone and free from governmental interference into the person's private life except as herein provided. Citing this section and the Roe versus Wade decision, the Florida Supreme Court has declared abortion legal in RE versus TW, an unnamed person; however, Roe has now been overturned by the Dobbs decision. The question remains why the developing child has no right to personhood or protection under our constitution and its laws. Florida Statute 782.09 states, the unlawful killing of an unborn child by any injury to the mother of such child will be murder if it resulted in the death of such mother. Thou shall be deemed murder September 26, 2023 Page 13 in the same degree as that which would be committed against the mother. If only the statute ended there but, unfortunately, the next sentence reads: Any person other than the mother who unlawfully kills the unborn child by an injury to that mother. This is moral schizophrenia. If the preborn child is wanted, it has personhood and its death is murder, but if it's not wanted by the mother, the child lacks personhood and can be killed, ripped from its mother's womb, and dismembered. While some may cheer, saying it is her right, I'm here to tell you that this isn't right. This is a wrong and a murderous wrong. David, inspired by the holy spirit, wrote in Psalms 139, 13 through 17, where you form my inmost being, you knit me together in my mother's womb. I will give thanks to you, for I am fearfully and wonderfully made. Your works are wonderful. My frame wasn't hidden from you when I was made in secret, woven together in the depths of the earth. Your eyes saw my body, and your book were written -- all the days that were ordained for me, when there was none of them. How precious to me in your sights, oh, God. How vast are the sum of your thoughts. We have purpose, meaning, and value because we are created by holy God. Members of this board, the Dobbs decision has passed the torch to you to be the legislative process to decide this issue, and I ask you to remember God's word and act to ban the murder of the preborn child in Collier County. Thank you. MR. MILLER: That is our only registered speaker at this time. CHAIRMAN LoCASTRO: Okay. Thank you. What's next? Item #8A September 26, 2023 Page 14 THIS ITEM IS CONTINUED TO THE OCTOBER 10, 2023, BCC MEETING. 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 AN ORDINANCE TO REZONE 5.53± ACRES OF PROPERTY FROM THE ESTATES (E) ZONING DISTRICT TO A COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT FOR A PROJECT TO BE KNOWN AS 4050 13TH AVENUE COMMERCIAL PLANNED UNIT DEVELOPMENT TO ALLOW DEVELOPMENT OF UP TO 174,000 SQUARE FEET OF GROSS FLOOR AREA OF SELF-STORAGE AND MINI-WAREHOUSE (SIC 4225). THE PROPERTY IS LOCATED SOUTHWEST OF THE INTERSECTION OF 13TH AVENUE SW AND COLLIER BOULEVARD, NORTH OF GREEN BOULEVARD IN SECTION 15, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. [PL20210003321] (COMPANION ITEM PL20220000289/26442) [COORDINATOR: ERIC ORTMAN, PLANNER III] Item #8B THIS ITEM IS CONTINUED TO THE OCTOBER 10, 2023, BCC MEETING. RECOMMENDATION TO APPROVE AN ORDINANCE AMENDING THE COLLIER COUNTY GROWTH MANAGEMENT PLAN TO CHANGE THE DESIGNATION OF PROPERTY FROM ESTATES-MIXED USE DISTRICT, RESIDENTIAL ESTATES SUBDISTRICT TO THE ESTATES- COMMERCIAL DISTRICT, 13TH AVE SW COMMERCIAL INFILL SUBDISTRICT WITHIN URBAN GOLDEN GATE ESTATES September 26, 2023 Page 15 SUB-ELEMENT OF THE GOLDEN GATE AREA MASTER PLAN ELEMENT TO ALLOW UP TO 174,000 SQUARE FEET OF GROSS FLOOR AREA OF SELF-STORAGE AND MINI- WAREHOUSING (SIC 4225/THE SUBJECT PROPERTY CONSISTING OF 5.53± ACRES IS LOCATED SOUTHWEST OF THE INTERSECTION OF 13TH AVENUE SW AND COLLIER BOULEVARD, NORTH OF GREEN BOULEVARD IN SECTION 15, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. [PL20220000289] COMPANION ITEM PUDZ-PL20210003321/ACCELA 26439) [COORDINATOR: RACHEL HANSEN, PLANNER III] (ALL DISTRICTS) MS. PATTERSON: Commissioners, that brings us -- with Items 8A and 8B being continued to the October 10th, 2023, BCC meeting, that brings us to our advertised public hearings. Item #9A ORDINANCE 2023-42: THE BROOKSIDE MARINA BY CHANGING THE ZONING CLASSIFICATION OF REAL PROPERTY FROM THE RESIDENTIAL SINGLE FAMILY 4 (RSF-4) ZONING DISTRICT TO THE GENERAL COMERCIAL (C-4) ZONING DISTRICT LIMITED TO A MARINA USE FOR THE PROPERTY LOCATED ON DAVIS BOULEVARD APPROXIMATELY 2/10 OF ONE MILE EAST OF TAMIAMI TRAIL EAST IN SECTION 2, TOWNSHIP 50 SOUTH, RANGE 25 EAST, CONSISTING OF 4.4± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PL20190001540] (DISTRICT 2) (DISTRICT 4 - PER AGENDA CHANGE SHEET) - MOTION TO LIMIT THE WET SLIPS TO 120 AND WORK W/FWC ON BOAT SPEED AND SIGNAGE BY COMMISSIONER KOWAL; SECONDED BY September 26, 2023 Page 16 COMMISSIONER HALL – ADOPTED MS. PATTERSON: Item 9A is a recommendation to approve a rezone ordinance related to the Brookside Marina by changing the zoning classification of real property from the Residential Single-Family 4 Zoning District to the General Commercial Zoning District limited to a marina use for the property located on Davis Boulevard, approximately two-tenths of one mile east of Tamiami Trail East in Section 2, Township 50 South, Range 25 East, consisting of 4.4 plus-or-minus acres, and providing an effective date. We need to have everyone that's going to participate stand up and be sworn in by the court reporter. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN LoCASTRO: County Manager, just a point of order, unless I have an old copy here, but we talked about it yesterday. It still says on my copy, which I got this morning, District 2, and I think it's still District 3, isn't it, or no? MS. PATTERSON: It's 4, and I made -- CHAIRMAN LoCASTRO: Four, 4. MS. PATTERSON: The correction went on the change sheet. CHAIRMAN LoCASTRO: Oh, it did. Okay. Got it. MS. PATTERSON: Yes, sir. Thank you. At this point we'll invite the applicant up to begin his -- oh, ex parte, sorry. Thank you. I have to get help from my -- ex parte communication from the commissioners. CHAIRMAN LoCASTRO: Okay. Commissioner Kowal. COMMISSIONER KOWAL: This is when I was supposed to read it. September 26, 2023 Page 17 CHAIRMAN LoCASTRO: Yes. COMMISSIONER KOWAL: Yes, I do have -- CHAIRMAN LoCASTRO: Four, yeah. COMMISSIONER KOWAL: -- ex parte on Item 9A, meetings and emails. COMMISSIONER SAUNDERS: And, Mr. Chairman, I have ex parte on that item as well; meetings, some emails. CHAIRMAN LoCASTRO: Okay. Commissioner Hall. COMMISSIONER HALL: Same as me, meetings and emails on the item. CHAIRMAN LoCASTRO: Okay. Commissioner McDaniel. COMMISSIONER McDANIEL: As well, meetings and emails. CHAIRMAN LoCASTRO: Same for me, meetings and emails. Okay. Let's press with the applicant. MS. PATTERSON: At this time we will begin with the applicant. MR. MILLER: I'm having a problem with the visualizer. It just happened. MS. PATTERSON: Okay. MR. MILLER: So you're going to have to give me a minute. MS. PATTERSON: We're going to give Troy a minute. CHAIRMAN LoCASTRO: I didn't say this at the start. But if -- anybody just silence your cell phones. We usually announce that in the beginning. Appreciate it. COMMISSIONER HALL: All right. Clay, you're good. CHAIRMAN LoCASTRO: I silenced mine. COMMISSIONER McDANIEL: Did you? CHAIRMAN LoCASTRO: Yeah, and volume off. COMMISSIONER McDANIEL: Notice that I remained silent. CHAIRMAN LoCASTRO: You don't have to tell me three September 26, 2023 Page 18 times. All right, sir. The podium's yours. MR. BROOKER: Thank you, Mr. Chairman, Commissioners. My name is Clay Brooker. I'm a land-use attorney with the law firm of Cheffy Passidomo in Downtown Naples. I represent Naples Marina Holdings, LLC, which owns the land generally known for decades as the Brookside Marina. The matter before you today is a request to rezone the submerged lands or waters generally associated with the marina. On your screen is our applicant team. John Giglio; he is the owner of the property; Hans Wilson, professional engineer, principal of Hans Wilson & Associates, a marine engineering and environmental consulting firm; Stephanie Caldwell, professional engineer -- civil engineer and principal of Greensite Engineering; Jeff Curl, landscape architect, eMERGE Design, LLC; Jim Banks, transportation engineer for JMP Transportation Engineering. On the screen, this is my client's property comprised of approximately 7.6 acres located on Davis Boulevard. Let me see. Here's Davis Boulevard along the bottom, and you see the East Trail over here on the bottom let corner. So that's just -- just east of East Trail. This property, all of which is owned by the applicant, contains both uplands, dry lands, and privately owned submerged lands or water; however, the application filed by Naples Marina Holdings involves only this portion of the property comprised primarily of the submerged lands. Here's the county zoning map for the area. You'll see that the submerged -- the subject submerged lands are currently zoned RSF-4, or Residential Single-Family 4. The associated uplands here, you'll see here, are designated or zoned C-4, or Commercial 4. There are three fundamental premises to this application. First, September 26, 2023 Page 19 it seeks to reinstall wet slips in the submerged lands that have existed for decades, albeit with a temporary pause over the last few years, which I'll explain in a minute. Second, the subject property is submerged; it's water. So marina use and wet slips are the only logical, reasonable uses that can be put to this property. Third, the submerged lands are owned privately by Mr. Giglio. They are manmade and not waters owned by the state; however, they are subject to regulation by DEP and Army Corps of Engineers because they are navigable waters. Now I'd like to take a couple minutes to show you that what we're proposing today is no different than what has existed at the site for decades. In fact, what we're proposing is less intense, a fewer number of slips. Here is an aerial from 1979. Here is Rock Creek, as Mother Nature formed her. This part is natural; however, this part, coming into the marina here, was created by man, dredged in the 1960s. That means these submerged lands are privately owned. This aerial shows that from no later than 1979, some 44 years ago, the western basin -- and you'll hear me refer to the western basin. This is this portion of the submerged lands -- held numerous covered wet slips, and you can also see by this time, on the uplands, the marina building was already in existence, and that building still exists today. Please note here, along the southern shoreline of the submerged lands, there are no dock slips yet. Fast forward to 2012, a little bit better picture, first and foremost you see that the covered boat slips -- there are three finger piers here in the western basin -- continue to exist by 2012. In addition, permitting history indicates that 10 years earlier, in 2002 to 2003, the DEP, the Army Corps, and the county approved additional slips along the southern shoreline here, and they were installed. The submerged lands at that time, again 2002, were dredged to September 26, 2023 Page 20 remove any contaminated sediment to clean the waters, and the additional slips along the southern shoreline were then installed. They continue to exist today. Here's a copy of the county's approval for the additional wet slips back in 2002. Well, actually, this was actually approved in July 2003. And just so -- to continue, these covered boat slips were in existence, and these slips were approved as additional wet slips by the county in July of 2003. This is another aerial perspective of the marina as it existed in the first decade of the 2000s. At this time, a total of 234 slips were approved for the marina; 137 wet slips in the water, 97 dry slips on the uplands. And I think, just to point out, this gives you a little bit better idea. Here are the three finger piers, and you can see the boats moored underneath the covered wet slips; however, here in 2014 shows that in the western basin, the three piers are gone. At some point in 2012 and 2014, a predecessor owner -- predecessor to the current owner, Mr. Giglio -- removed the wet slips due to their dilapidated state. I don't know the exact reason why, although we understand that there was some damage from hurricanes and storms and so forth. This is, essentially, what you see on the screen, what the submerged lands look like today. In 2017, three years after this aerial photograph, the submerged lands were dredged once again to remove any contaminated sediment -- so this is twice now in the past 20 years -- again, to clean the waters. Then in 2018, Naples Marina Holdings, Mr. Giglio, purchased the property. At around this time, Mr. Giglio entered into a lease with Freedom Boat Club, many of whose representatives are here today, to use these boat slips. There's no formal relationship between Mr. Giglio and Freedom Boat Club other than as landlord September 26, 2023 Page 21 and tenant. As previously stated, Mr. Giglio's goal is to reinstall the wet slips in the western basin, albeit at a lower number than that which existed for decades. This slide shows the conceptual layout of the proposed reinstallation of the wet slips in the western basin. It shows the reinstallation of 73 slips here. These won't be covered. They will be open-air, so that's one difference. But if you take the 73 we're proposing and you add it to the 39 existing along the southern shoreline, you get a grand total of 112 wet slips proposed for the subject submerged lands. If you recall, a total of 137 wet slips previously existed in the submerged lands for decades. This layout proposes 25 fewer wet slips than previously existed. So Mr. Giglio is not requesting any increase in numbers or intensity of the slips. In order to reinstall these slips in the western basin, the first step was to secure permits from the DEP and the Army Corps of Engineers. That has been done. Here is the 2018 DEP permit, which is still in operation today. Our focus then turned to the county, hoping it would approve the 73 wet slips through the Site Development Plan process, just like the county did back in 2003, a previous slide that I showed you. However, we were advised that a rezone was required, so here we are. The rezone request before you today seeks a rezone to a limited or restricted C-4, which basically allows marina uses and nothing more. The rezone, if approved, would be restricted as is shown here. You'll see the permitted uses are marinas and essentially everything that goes with marinas; boat slips and piers and walkways and such. Water transportation of passengers, that's, for example, a shuttle, a water shuttle, taking you from this site to, say, Tin City or somewhere else in Naples Bay. September 26, 2023 Page 22 Water transportation services, this is basically a chartering of commercial boats. For example, if a fishing guide would like to take some folks out fishing. And amusement and recreation services sounds kind of like a funky kind of title, but that is basically recreational boat rentals. Next is the prohibited uses. What won't be permitted if this is approved are liveaboards, you can't live at the dock onboard your boat, and personal watercraft, such as Sea-dos, jet skis, Wave- Runners, those sorts of things. County staff is recommending approval of this application, and on May 4th, 2023, about four months ago, the Planning Commission also recommended approval unanimously. In the staff report, which is part of your agenda materials, county staff has found this application consistent with the county's Growth Management Plan and Land Development Code. In fact, the county's land-use regulations prioritize and prefer this site for marina operations. Here's Policy 10.1.1 of the Conservation and Coastal Management Element of the Growth Management Plan. You'll note the priorities for water-dependent and water-related uses, which is what we're talking about here. And the first is public recreational facilities or recreational facilities, and this site simply doesn't lend itself to recreational facilities. Public boat ramps. While a ramp has existed for decades on the uplands, it is private. The site would be overwhelmed if opened up to unlimited public use. And then the next priority in your Growth Management Plan is marinas. So the county's Growth Management Plan prioritizes this site for marina use. The application before you today implements this policy of the Growth Management Plan. You will also note in Objective 10.1 the reference to the county's Manatee Protection Plan. Here's a summary of the county's September 26, 2023 Page 23 Manatee Protection Plan. This plan is codified in the Land Development Code at Section 5.05.02. The Manatee Protection Plan is the county's only land-use regulation that specifically addresses how many slips are authorized at any given marina site. And the way it does that is it ranks each site with three criteria. Water depth, basically it looks at a depth of four to five feet minimum; native marine habitat, things like seagrasses, our seagrasses on location; and manatee abundance, and the way they evaluate that criteria is they look at how many watercraft -- water-caused [sic] manatee deaths within five miles have occurred. Once you evaluate those three criteria, you get to one of three possible ratings: Preferred, moderate, or protected. And then the boat slip densities, how the county's Land Development Code qualifies or quantifies the number of slips that are permitted at each location. If you -- if the site is preferred, you get 18 boat slips for every 100 feet of shoreline, moderate is 10 per 100, protected is 1 per 100. The county has confirmed that the subject site ranks as a preferred site under the Manatee Protection Plan. It shows that we are permitted -- or this site is permitted a total of 311 boat slips. Now, that boat slips -- that number includes both wet and dry on the uplands; a total of 311 is permitted. However, while 311 are permitted, the proposal before you today seeks permission for 112. That's just 36 percent of what the Manatee Protection Plan authorizes for this site. The county encourages outreach to surrounding neighbors for land-use applications like this one, and the rezone process requires one neighborhood information -- neighborhood information meeting. On January 7th in 2022, we held the first neighborhood information meeting. On May 16th, 2022, we had an in-person September 26, 2023 Page 24 meeting with Naples Marina Holdings, Freedom Boat Club, and Brookside neighbors. On May 17th, we had a meeting with Former Commissioner Taylor and Brookside neighbors. And then on June 30th of 2022, we had a conference call with Naples Marina Holdings, Freedom Boat Club, and Brookside neighbors. And then, finally, on July 19th, 2022, we held a second neighborhood information -- neighborhood information meeting. That second one was partly caused by -- we had some technical difficulties with Zoom call-in on the first neighborhood information meeting. In my opinion, the communications with the neighbors have been amicable and informative. We've learned the neighborhood's concerns and taken efforts to address them. Perhaps the most repeated and discussed concern was excessive speed of vessels in Rock Creek to and from the marina. At the outset, we respectfully contend the vessel speed has no relevance to whether this rezone request of these waters should be granted; however, the neighbors stated that it's a concern of theirs, so Mr. Giglio asked me to investigate. I learned that since at least 1979, the county has designated all of Rock Creek as idle speed, no wake, ISNW, the slowest speed in the speed ranges promulgated by Fish and Wildlife; however, Fish and Wildlife has since preempted regulation of navigable waters. It has exclusive authority to determine speed zones on navigable waterways. And the Fish and Wildlife Conservation Commission, FWC, designates Rock Creek as slow speed, minimum wake, a little bit faster than the idle speed, no wake. Regardless of the speed designation, I toured Rock Creek personally on my own boat and noticed that there are no official vessel speed zones anywhere within or at the entrance to Rock Creek. I know from prior experience in boating they used to be there. I don't know what happened to them. September 26, 2023 Page 25 Maybe they got washed away in a storm or something, but there are none today as you enter Rock Creek. So we contacted Fish and Wildlife back in early 2022 to ask them about the speed designation and lack of signs. We spoke to Captain Yanez and Lieutenant Lynn. They responded that in March of 2022, they drove through Rock Creek in an unmarked vessel and witnessed no problems, no excessive speeds. Moreover, they emphasized, one, that there were no watercraft-caused manatee deaths in Rock Creek; two, there had been no boating accidents in Rock Creek; and, three, there had been no complaints to Fish and Wildlife about vessel speed in Rock Creek; therefore, Fish and Wildlife informed us that they are disinclined on their own to change the speed zone or post any additional signage. Not to be discouraged, I then researched state law to try to find out any other ways we could try to get Rock Creek designated as idle speed, no wake by Fish and Wildlife. I discovered one statutory section that recognizes the possibility of ISNW designations 300 feet on each side of blind turns in a narrow creek. In my opinion, we have two such blind turns coming into Rock Creek, so I drafted this letter in May and sent it to the county. Essentially, it asked the county to approach Fish and Wildlife, which, again, has exclusive control over speeds in navigable waters, and to request ISNW zones around the blind turns. The law does not allow private property owners, such as Mr. Giglio, to make such requests, but it does permit local governments like the county to do so. So as we sit here today, Mr. Giglio, personally, has done everything he can on this issue. We fully support any efforts by the county to continue its push for the ISNW zones, and my client has offered to bear all the cost of installing and maintaining any approved speed zone signs in Rock Creek. September 26, 2023 Page 26 It was my understanding that county staff has made efforts in this regard. They have engaged with Fish and Wildlife, but I hear that staff has received the same chilly reaction that I did from them. Moreover, back in July of '22, the County Commission did authorize staff to engage a consulting firm to study Rock Creek in this regard. This past January, a firm did submit a proposal to gather data on boat speeds in Rock Creek. The cost of the Rock Creek boat speed survey is $24,000. I'm not aware whether staff has accepted that proposal, but I can say that based on my experience, our experience with Fish and Wildlife, I'm not sure the survey will persuade Fish and Wildlife to do anything other than leave Rock Creek as a slow speed, minimum wake speed zone. At the second neighborhood information meeting in July 2022, we made several other offers to the Brookside neighbors after hearing their concerns conditioned on the rezone being approved, of course, and here they are. We are to ensure that access to and from their docks is not impeded and that existing docks along that southern shoreline will not be extended any further north into the basin. Freedom Boat Club will install two cameras within the marina basin to monitor the boat activity there, and that has been done. Freedom Boat Club is to explore cooperating with Mr. Harms -- he lives in a house right there at the entrance to Rock Creek -- to install a third camera at the entrance to monitor that traffic just entering Rock Creek. Freedom Boat Club will send a manned vessel to the entrance of Rock Creek to monitor activity at anticipated high-use times, and they are doing so. We will offer 10 additional cameras to property owners along Harbor Lane, right there along the entrance, first come, first served. And the reason you're seeing the reference to the cameras over and over again is there was a concern relayed to us that the boats go by, September 26, 2023 Page 27 and it's too late for them to actually capture the name of the boat or who it is to report to Freedom Boat Club that that particular member is not behaving properly. So these cameras, if you're familiar with them, they actually can catch a video when they -- it detects motion, and that video can then be sent along and, essentially, memorializes the event, allowing Freedom Boat Club to implement their disciplinary measures, which they have in place. They can suspend and even revoke a membership if they see that members are not performing as they should on the waters. We have offered one wet slip to a marine law enforcement vessel. Again, just a mere -- that will actually increase patrol activity in Rock Creek, and just a mere vision of a law enforcement vessel there, we believe, will have a deterrent effect. As I mentioned before, liveaboards are prohibited to moor at the wet slips or anchor in the basin, and personal watercraft are also prohibited to moor at the wet slips. When the Planning Commission recommended approval unanimously back in May, they recommended that each of these offers be made conditions of the approval. In addition, they recommended another condition, that the number of vessels permitted in the marina be limited to the number of slips. Allow me to explain. There currently exist 39 numbered slips in the marina plan along that southern shoreline, but the Freedom Boat Club operates more than that number from this location currently. So how can this be? Freedom Boat Club's typical boat length ranges from 20 to 25 feet long. It can't get much bigger than that because you run aground or you can't get under the fixed bridges coming in and out of Naples Bay. But some of the numbered dock slips, those 39 numbered dock slips along the southern shoreline, greatly exceed that length. September 26, 2023 Page 28 Right here, those four piers are 63 -- more than 63 feet in length, so they can handle two or three of Freedom Boat Club's typical boats. We are aware of no document or permit condition that limits each numbered slip, even if a slip is more than 60 feet in length, to just one vessel. The DEP's permit allows 112 slips in these waters, and the county's Manatee Protection Plan authorized up to 311 in the marina. So we do not believe there's any legal or technical reason why each numbered slip be limited to one vessel. Having said that, one boat, one slip is our goal. That's why we're here trying to get additional slips added to the western basin. Accordingly, as I stated earlier, we have no objection to this condition being placed on a rezone approval. That concludes my initial presentation. I do request the opportunity of rebuttal after public comments, if warrantied, and then I'm happy to answer any questions you may have at this time. CHAIRMAN LoCASTRO: Mr. Miller, how many public comments do we have? MR. MILLER: We have one registered speaker at this time. CHAIRMAN LoCASTRO: Let's hear from that person. MR. MILLER: Nicholas Thomas. MR. THOMAS: I'd like to withdraw. CHAIRMAN LoCASTRO: Okay. MR. MILLER: That's all we have, sir. CHAIRMAN LoCASTRO: Okay. So I guess we open it up to some questions. I had just one quick question. The cameras are just, sort of, self-monitored. There's not, like, a security station with a security person in there watching the camera. Like you said, they're motion cameras. You see something, then somebody can go back and get it, right? So they're on autopilot, correct? MR. BROOKER: Right. It's reactive in that sense. September 26, 2023 Page 29 CHAIRMAN LoCASTRO: Yeah. And that whole list that you put up there of all the sort of wants or desires by folks, you've agreed to all of that across the board, correct? MR. BROOKER: That's correct. CHAIRMAN LoCASTRO: Right. Okay. Yeah, I just wanted to get the clarity on that. MR. BROOKER: In addition to the one boat, one slip recommendation from the Planning Commission. CHAIRMAN LoCASTRO: Yes, sir. Okay. Commissioner Kowal, sir. COMMISSIONER KOWAL: Thank you, Chair. Yeah, this is in my district. And, you know, this ball started rolling way before I became commissioner, and I had the opportunity to speak to the community at Brookside and yourself on several occasions. And, you know, early on, onset -- and I think you answered a lot of these questions. What the community was concerned about was definitely the speed of the boats. The opportunity of the people coming in as rentals, which is more of a club. So this isn't like these are rental boats that are changing hands with different people that have no experience. These are people that belong to the club, and they take training; isn't that correct? MR. BROOKER: Yes, sir. Freedom Boat Club actually requires training before they allow any member to actually step onto a boat and go out in the water, and that's on-land training, and then they do training in the vessel as well for navigation training. COMMISSIONER KOWAL: Yeah. And I know that was one of the biggest concerns. And you had talked and addressed with the cameras to answer Commissioner LoCastro, that they are motion sensed. And it's basically so if a citizen that lives in this community sees a boat not behaving properly in the waterways and it captures it, September 26, 2023 Page 30 now they documented the vessel's number, the hull number, and the time it went by, and they know exactly what member was operating that boat, and they can address the issue. MR. BROOKER: Yeah. And that was important, because what we were hearing from the neighbors was they would get a "he said, she said." You might get a phone call from a neighbor in Brookside saying, oh, this boat just went by speeding, and then the member gets to the dock, and then the member says, oh, no, I wasn't. So you get into that kind of unnecessary -- the cameras will just facilitate monitoring and allow the true speeders to be dealt with appropriately. COMMISSIONER KOWAL: Yeah. And I know for a fact -- I mean, I worked in that area for 20 years for the Sheriff's Department. And as long as I can remember, that's always been a marina, and those covered slips were there for as long as I can remember up until sometime after Hurricane Irma, I believe, between there, 2006, 2010. MR. BROOKER: Wilma. COMMISSIONER KOWAL: Wilma, I'm sorry, not Irma. That they disappeared and, you know, for whatever reason, I don't know. But I just know that I always thought that was a marina, and when it came to me to find out that was a residential property underwater, it was -- I thought it was a mistake, you know, so -- And, you know, I definitely feel you addressed a lot of the concerns, and the environmental concerns, too, that it's been dredged twice in the last two decades. MR. BROOKER: Correct. COMMISSIONER KOWAL: So, you know -- and as that arises and for the benefit of the owner, he's going to have to look in the future, because when it does build up with silt and things like that. And in the process, from what I understand, when they do September 26, 2023 Page 31 dredge it, they have to test it at the same time, right? MR. BROOKER: That's correct. COMMISSIONER KOWAL: Okay. So I have to say I feel satisfied with what was presented here today. CHAIRMAN LoCASTRO: Okay. COMMISSIONER KOWAL: So I'd like to make a motion. COMMISSIONER McDANIEL: Wait a second. CHAIRMAN LoCASTRO: I've got two speakers. I've got Commissioner McDaniel, and then Commissioner Saunders. COMMISSIONER KOWAL: Sorry. COMMISSIONER McDANIEL: We'll let you make the motion and second after I'm done. CHAIRMAN LoCASTRO: Commissioner McDaniel. COMMISSIONER McDANIEL: I'm -- I wasn't able -- you addressed it a little bit, but I want to clarify. Property owners change, businesses change, so on and so forth. And you talked about permitting for 112 boats. There was a reduction of 25 from what used to be there, and -- but then there was discussion about up to 312 would still allow you to be -- or 300-and-something would still allow you to be designated as preferred. So my suggestion is that we -- with the -- as a portion of this condition similar to what the Planning Commission said, that we limit the actual amount of boats per this approval for up to 120. And that -- that would then allow for the owner of the property to sell the property. The next person coming in knows what they're getting. The neighborhood knows what they're getting, and we're not -- we're not opening Pandora's box, if you will, for another business owner to double the amount of boats that are currently in there. MR. BROOKER: May I comment on that? COMMISSIONER McDANIEL: Oh, sure. MR. BROOKER: I would respectfully request that that September 26, 2023 Page 32 condition, which is not necessarily objectionable, be limited to wet slips. Because the dry land can be put to use as it was for decades with dry storage where you have racks of boats that are lifted and placed into the water. But in terms of the number of slips -- and that's where you get -- we heard in the past 234 total slips were permitted at one time. That was 137 wet and the balance dry. What I don't -- I just don't want to tie Mr. Giglio's hands on the upland use. COMMISSIONER McDANIEL: If I'm not mistaken, the -- is that use permitted currently under his existing zoning for the dry slips? MR. BROOKER: It is. COMMISSIONER McDANIEL: Okay. And I'm fine with the wet slips if we limit it to no more than a hundred and -- I mean, 120 is a number that I just arbitrarily picked. And then second with regard to Commissioner Kowal's motion, I'm going to suggest that he grab the reins with regard to working with FWC and ensure that the speed limit signs are adjusted appropriately so that we maintain as low a speed in that area as possible. I'll volunteer him for that as well. COMMISSIONER KOWAL: And I had -- also the conversation with you and the owner, Mr. Giglio, that, you know, being a good neighbor, I think, on the marine itself and getting with marina -- with the boat club and have their own stipulations on idle speed only when going to and from as being part of their -- you know, their rules and regulations, and I think you did say they did put a sign? MR. BROOKER: Yes. So that is Freedom Boat Club's rule. They instruct all members that it's idle speed. Notwithstanding Fish and Wildlife's designation as slow speed, Freedom Boat Club tells all members that it's idle speed and they, in fact, posted private signs on our property stating idle speed. These are not official Fish and September 26, 2023 Page 33 Wildlife signs, but it's the private property owner doing what he can to minimize boat speed in the creek. COMMISSIONER KOWAL: Yeah. And I'll get on the state. But we'll -- I think at this time, I think, being a good neighbor and that being put in place is -- you know, is official for everybody. CHAIRMAN LoCASTRO: Commissioner Saunders. COMMISSIONER SAUNDERS: Thank you, Mr. Chairman. I was actually going to urge our staff to work with the Fish and Wildlife to accomplish that. And I have a letter that was presented to me. The original letter was addressed to Chris Darco, senior environmental specialist, which really outlines what they are proposing. If you could provide Commissioner Kowal a copy of that letter, because I've kind of marked up on mine, but that will give you some guidance as to what they were asking for. MR. BROOKER: Absolutely. CHAIRMAN LoCASTRO: I see nobody else lit up. I'll just add -- and I've had really great success with our county staff working with Fish and Wildlife on things that we never got a return phone call on, and then a couple of people, to include Trinity Scott back there and a few others, that, you know, brought a serious issue to the attention and then we did get action. So I have no doubt that with Commissioner Kowal's involvement, working with the county staff and you-all, you'll get the proper signage there, and that seems to be the only sort of loose end. But having said that, do I have a motion to approve? COMMISSIONER KOWAL: Yes. I'd like to make a motion, and what Commissioner McDaniel had stated to put in the motion to limit wet slips up to 120 and leave the upland as it is. But I'd like to make that motion. COMMISSIONER HALL: Second. CHAIRMAN LoCASTRO: Okay. I've got a motion to September 26, 2023 Page 34 approve by Commissioner Kowal, a second by Commissioner Hall. All in favor? COMMISSIONER HALL: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN LoCASTRO: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN LoCASTRO: Opposed? (No response.) CHAIRMAN LoCASTRO: It passes unanimously. MR. BROOKER: Thank you. Item #9B ORDINANCE 2023- 43: REZONING PROPERTY TO ESTABLISH THE DUNKIN DONUTS COLLIER BOULEVARD CPUD TO ALLOW UP TO 10,000 SQUARE FEET OF CERTAIN C-1, C-2, AND C-3 USES ON 1.98± ACRES OF PROPERTY LOCATED ON THE WEST SIDE OF COLLIER BLVD 350± FEET NORTH OF PINE RIDGE ROAD IN SECTION 15, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. (PUDZ- PL20220004546) (DISTRICT 3) - MOTION TO APPROVE BY COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER LOCASTRO – ADOPTED MS. PATTERSON: Commissioners, that brings us to Item 9B. This is a recommendation to approve an ordinance rezoning property to establish the Dunkin Donuts Collier Boulevard CPUD to allow up to 10,000 square feet of certain C-1, C-2, and C-3 uses on 1.98 plus or minus acres of property located on the west side of Collier Boulevard, 350 plus/minus feet north of Pine Ridge Road in September 26, 2023 Page 35 Section 15, Township 49 South, Range 26 East, Collier County, Florida. With that, ex parte from the commissioners, please. CHAIRMAN LoCASTRO: Commissioner Kowal. COMMISSIONER KOWAL: I have no communications or ex parte. CHAIRMAN LoCASTRO: Commissioner Saunders. COMMISSIONER SAUNDERS: I have no disclosure, Mr. Chairman. CHAIRMAN LoCASTRO: Okay. Commissioner Hall. COMMISSIONER HALL: None at all. CHAIRMAN LoCASTRO: Commissioner McDaniel. COMMISSIONER McDANIEL: I have emails. CHAIRMAN LoCASTRO: Okay. And I have no disclosures on 9B. Okay. MS. PATTERSON: With that, participants need to be sworn in by the court reporter, please. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? (The speakers were duly sworn and indicated in the affirmative.) MS. PATTERSON: We'll begin with the applicant. MR. ARNOLD: Thank you. Good morning. I'm Wayne Arnold, professional planner with Grady Minor & Associates representing the applicant. We're here for about a two-acre rezone. And I have Michael Delate from our office, professional engineer; Jim Banks is our traffic consultant; and Marco Espinar is our biologist on the project. So this project is located in one of your neighborhood centers in the Golden Gate Area Master Plan. It's a vacant parcel located between the VFW and a small strip plaza and existing gas station at September 26, 2023 Page 36 the corner of Pine Ridge and Collier Boulevard. The neighborhood center allows a full gambit of C-1 through C-3 commercial uses. We're proposing a maximum 10,000 square feet of C-1, 2, and 3, and one of the in-line anchor tenants is scheduled to be Dunkin' Donuts. We've represented our client, who owns all the franchises for Dunkin' around the community. And we are proposing the C-1, 2, and 3 with the allowance for drive through for that Dunkin' Donuts. We have a -- the neighborhood information meeting -- this project is served by a road, Neff Way, which, if you've been around a while, you know where that is off of Pine Ridge Road. It's a private road. The neighbors were concerned about parking that exists on that road today, some trash, and things of that nature, and I think the Planning Commission, when they heard that, rightly so, you know, agreed that, you know, we're going to have parking to code, and we're not really going to contribute to that problem. Members of the VFW were here. We agreed to put a sign at the Neffs Way entrance indicating no right turn. We're part of what I would call -- we affectionately called it the jug handle when I was helping the county and the applicant that owned the property. You may remember the Brooks family. They worked with the county to create this little slip lane off of Collier Boulevard to serve the gas station. Even though it cost them a little bit of money to buy some other property, it saved a lot of business damages for your right-of-way taking back in the day. So we have access to that frontage road, if you will. We don't really need the Neffs Way to certainly get to the VFW. I didn't see any speakers. I'm happy to answer any questions you may have. It seems fairly straightforward. CHAIRMAN LoCASTRO: Any public speakers, Mr. Miller? MR. MILLER: No, sir. September 26, 2023 Page 37 CHAIRMAN LoCASTRO: Okay. Commissioner McDaniel. COMMISSIONER McDANIEL: I'll make a motion for approval. CHAIRMAN LoCASTRO: Okay. Motion for approval, and I will second it. So I've got a motion for approval by Commissioner McDaniel, a second by Commissioner LoCastro. All in favor? COMMISSIONER HALL: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN LoCASTRO: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN LoCASTRO: Opposed? (No response.) CHAIRMAN LoCASTRO: It passes unanimously. MR. ARNOLD: Thank you. Item#11A APPROVE THE PROPOSED COLLIER COUNTY STATE AND FEDERAL LEGISLATIVE AND ADMINISTRATIVE PRIORITIES FOR 2024. (JOHN MULLINS, DIRECTOR OF COMMUNICATIONS, GOVERNMENT & PUBLIC AFFAIRS) MOTION TO APPROVE BY COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER SAUNDERS – APPROVED MS. PATTERSON: Commissioners, that brings us to Item 11, County Manager's report. Item 11A is a recommendation to approve the proposed Collier County state and federal legislative and administrative priorities for 2024. Mr. John Mullins, your Director of Communications, Government, and Public Affairs, will begin the presentation. September 26, 2023 Page 38 MR. MULLINS: Good morning, Commissioners. For the record, John Mullins, your director of Communications, Government, and Public Affairs. And you have before you in your packets this morning the proposed 2024 state and federal legislative and administrative priorities. Basically, our marching orders for the next legislative cycle. Now, this is the first priorities document produced by our new legislative affairs coordinator, Bridget Corcoran, who is here with me, who has a couple of decades of experience at the local, state, and federal levels, and who hit the ground running when she joined us in mid-July. Now, Bridget is going to take over the daily coordination of our priorities with our state and federal lobbyists. She'll be managing our departmental conduits who help us play defense against any proposed onerous legislation that may come down the pike, and she will also be on hand to assist with constituent services that may involve state and federal executive agency coordination to help remedy. And with that, I'm going to defer to Bridget to tell you a little bit more about herself and to take us through the rest of this program, and then we'll be on hand for questions. Thank you. MS. CORCORAN: Good morning. For the record, Bridget Corcoran, Legislative Affairs coordinator. And I am not John Mullins, so go easy on me, first meeting here, please. The priorities document was produced in conjunction with our state and federal lobbyist, county management, department staff, and, of course, your individual input. This list is a snapshot of what we're looking at right now. Obviously, this can change at any moment. If there's any issues that come up during the sessions, we will come back to you if there's not any, you know, instructions we can derive September 26, 2023 Page 39 from this document. The format of the document, aside from the state appropriations, is just simply alphabetical. They're not in any certain order other than alphabetical. And as you may recall, this board previously approved the state appropriations, aside from the one item for 3.6 million for the construction of EMS Fire Station 74, which will serve the unincorporated and eastern portion of the county. All these projects were presented by the Chairman to the delegation meeting on September 11th, which also included that EMS project. So given the fact that you were previously given the document for your feedback, input, and, you know, items that you wanted to add, we're happy to answer any questions you may have on any of the items. Otherwise, we're simply asking for approval today and for authorization for the Chair to draft any needed correspondence on behalf of the Board for any of the issues outlined in the document. CHAIRMAN LoCASTRO: Commissioner McDaniel. COMMISSIONER McDANIEL: Are you related to any other Corcorans that we know? MS. CORCORAN: No. COMMISSIONER McDANIEL: Okay. MS. CORCORAN: I'm coming from Buffalo, New York, so... COMMISSIONER McDANIEL: Oh, okay. COMMISSIONER HALL: Never admit it. COMMISSIONER McDANIEL: Yeah, exactly. I'm going to make a motion for approval. CHAIRMAN LoCASTRO: Okay. I've got a motion for approval by Commissioner McDaniel. Do I have a second? COMMISSIONER SAUNDERS: I'll second that, Mr. Chairman. CHAIRMAN LoCASTRO: I've got a second by Commissioner September 26, 2023 Page 40 Saunders. All in favor? COMMISSIONER HALL: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN LoCASTRO: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN LoCASTRO: Opposed? (No response.) CHAIRMAN LoCASTRO: It passes unanimously. COMMISSIONER McDANIEL: Just so you know, my motion for approval was conditioned upon that answer. MS. CORCORAN: Thank you. CHAIRMAN LoCASTRO: Thanks for all the hard work on this. MS. CORCORAN: Thank you. CHAIRMAN LoCASTRO: Appreciate it. Okay. Item #11B PROVIDE INSIGHT AND HISTORICAL PERSPECTIVE TO THE BOARD RELATING TO ARTS AND CULTURAL GRANTS PROGRAM AND MAKE A RECOMMENDATION FOR THE BOARD TO APPROVE AND AUTHORIZE THE CHAIRMAN TO EXECUTE TOURIST DEVELOPMENT TAX GRANT AGREEMENTS FOR FY 2023-2024 MARKETING GRANTS (CATEGORY B) ($74,648) AND NON-COUNTY OWNED/OPERATED MUSEUMS (CATEGORY C-2) ($750,000), APPROVE GRANT AWARD OF FUNDS IN THE AMOUNT OF $824,648 FOR BOTH PROGRAMS CONTINGENT UPON FY 2024 BUDGET AVAILABILITY, AND MAKE A FINDING THAT September 26, 2023 Page 41 THESE EXPENDITURES PROMOTE TOURISM. (PAUL BEIRNES, TOURISM DIRECTOR) (ALL DISTRICTS) - MOTION TO APPROVE BY COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER HALL – APPROVED MS. PATTERSON: Commissioners, Item 11B is a recommendation to provide insight and historical perspective to the Board relating to Arts and Cultural Grants Program and to make a recommendation for the Board to approve and authorize the Chairman to execute tourist development tax grant agreements for Fiscal Year 2023/2024 marketing grants, Category B, in the amount of $74,648, and non-county-owned/operated museums, Category C-2, in the amount of $750,000, approve grant award funds in the amount of a total of $824,648 for both programs contingent upon the FY 2024 budget availability, and make a finding that these expenditures promote tourism. Mr. Paul Beirnes, your tourism director, is here to present. MR. BEIRNES: Good morning. For the record, Paul Beirnes, division director of Tourism. And with me also is John Melleky in case there's any questions. John is our manager of arts and culture and leads all of our grants initiatives. Thank you, Troy, for the presentation, and I will -- I'll move along. There's a lot of meat here. I'm just trying to give you an overarching look of how we have proceeded over the years. And, you know, this is -- this is a program that has spanned over -- well over 20 years under the guidance in the county ordinance. The intent all along has been to support initiatives promoting tourism, basically putting heads in beds and overnight visitation. This is a reimbursable grant, so based on the performance at the end of the year, these are -- these are then provided. The funding is September 26, 2023 Page 42 actually generated out of the tourist development tax. And just for a little bit of an insight, and it's important to kind of understand where we are today, based on the Board direction in 2021, they encouraged the tourism division to really amp up and align the arts and culture community surrounding a singular year-long Hispanic arts and cultural event, which is known as Arte Viva. To do that, we jump started the program for a one-year period by reaching into the reserves and increasing it by $200,000, and we're starting to narrow that back, as that program has been successful and launched. So there are two grants programs. The first one is termed as a non-county-owned museum. The intent of this is to develop and execute marketing campaigns and programming possessing, again, that possibility of driving destination tourism. The other is marketing grant. The intent of that is marketing and communications campaign surrounding festivals, events, cultural activities. So where does the money come from? It's part of the tourist development tax collection. I've highlighted in yellow here the two areas. The top one is the smaller Category B marketing program. It's actually carved out of our aggregate CVB marketing and promotion budget. The non-county museums portion, what you see on the bottom area, that is the larger one, that is actually part of the -- part of the museums grants. This graph right here designates how the 5 percent tourist development tax, each penny is designated and, by design, that 1.91 percent is designated for the non-county-owned museum grants. Now, I guess this is probably the most important and enlightening part of this. The -- turning back time when this first started, under the non-county museums, the predominant focus was within capital initiatives, thing such as the Freedom Memorial. That September 26, 2023 Page 43 helped fund that. Things like restoring gatehouses surrounding the Palm Cottages. Again, that was early on in the 2000s. Many of these organizations that we're talking about now either didn't exist or were just being built, such as Golisano's Children's Museum, but somewhere around 2007, there was a lot of programming that was coming out. And so around that 2007 point, focus started supporting some of these initiatives and these organizations at that time. Similarly, on the marketing side, on the marketing Category B grant, early on it included things such as way-finding kiosks at Friends of Fakahatchee for capital expenditure; sports, bringing in youth sports, amateur sports; also meetings. Meetings were becoming pretty significant within the community and our hotels, so that was funded; and then, of course, festivals and grants. So a big shift change. Around 2009, a couple things were happening. We were embracing the arrival of the sports complex. So we knew that we would have to put a lot more incentive into bringing the amateur sports and the soccer, lacrosse, and football. So those -- those funds started migrating over to within the CVB budget. Similarly, meetings and conventions with mega facilities, such as the JW Marriott and the Ritz-Carlton, all bringing significant meetings, that was also embraced within our overarching CVB budget. You see in the far right-hand side? These are kind of the core base of these grants that have consisted through the entire period. I want to take a look, over those 20-odd years, if you will, under the non-county museums, a total of 18 organizations have amassed. The distribution of about $8.6 million were awarded. Under the marketing grant, the Category B, 20 organizations have received about $1.4 million total. September 26, 2023 Page 44 While we have the entire list, I just took a look -- or just assembled the top six, if you will. So we'll give you an example how to read this. On the right-hand side top, there are the non-county museums. Over a course of 15 years, the Naples Botanical Garden has received $2.8 million aggregate, about -- or 189,000 on an annual basis, if you really average it across the boards and you see it trickle down from there. A lot has also happened in just the last two years to try to create a methodology and efficiency. We've created an online system so the application is very, very tracked. Everything is apples to apples. It's all automated and in one place. Marketing plans are required of all applicants to make sure that they have a detailed marketing plan, strategy, target audience, for our sense of comfort that it will put heads in beds and drive visitation. And then visitor analytics are required way more than we ever did before. In fact, we align them with our research agency, Downs and St. Germane, to make sure that the best practices are engaged when they are capturing these numbers and the legitimacy of them. How the awards is secured, we actually have a committee of team members across the county that review them, score them. You see the criteria here very much on the guidance, if you will, of our Procurement Department of, you know, tourism impact, marketing plan impacts, and such. And then from that, we make a recommendation, average them out, and bring it to the TDC for approval and then, finally, to the Board of County Commissioners for your review and approval as well. Grants guidelines themselves, the recipients must submit the final report showcasing all the resorts -- resorts -- results for that reimbursement. All activity must take place during the fiscal year, October 1 through the 30th. And through the whole period, tourism September 26, 2023 Page 45 is fully aligned with them encouraging them through training sessions, making sure that they are tracking the results very, very methodically so that we don't find out in the last stage that we should have guided them a little more efficiently early on. So there's a lot of -- a lot of data collection that happens, and we are aligned with them at all steps. And then for 2024, the team, we are already looking at crafting some parameters, limiting repeating or recurring projects. Now, that doesn't mean that a recipient would be part of that but, rather, if you had -- and I'm just going to make it up for the -- for the absurdity of it. If it was a pet festival, it would only be X amount of years before it weans out, and it would not be 10, 15 years that we would support such a festival. So we're trying to figure out the best guidelines and guardrails to put some sort of parameters on that. And then, of course, for full disclosure, you know, funding of these grant programs and awards is certainly subject to the Board of County Commissioners, and the Board has the discretion to determine whether these -- to fund these grants. Hopefully, I've provided a little bit of historical insight. There is a lot of legs to it, but definitely here to answer any questions, myself and John Melleky. CHAIRMAN LoCASTRO: Mr. Miller, do we have public speakers before we go to questions? MR. MILLER: Yes, sir. We have 10. CHAIRMAN LoCASTRO: Okay. Why don't we hear from public speakers first, and then we'll -- I'm sure we have -- I know I have some questions. MR. MILLER: I'll remind our speakers to queue up at both podiums, please. Christine Noonan will be followed by Michael Monroe Ethridge. September 26, 2023 Page 46 MS. NOONAN: Good morning. CHAIRMAN LoCASTRO: Good morning. MS. NOONAN: My name is Christine Noonan. I'm a native of Naples, Florida, and in my lifetime, I have witnessed the moving of the county seat, the first bank, the first hospital, the first library, the beginning of the Naples Art Association, which was started by George E. Rogers, which now his entire studio is at the Collier Historic Museum. I'm a member of the Naples Art District and United Arts Collier. Naples has always attracted influential people who have invested in our community. Now we're on a global stage not only for our beaches and natural wildernesses, we offer a rich cultural community, music and dance, theater, art, opera, museums, art institutions, art districts. They're equal to our neighbors; Palm Beach, Miami, Wynwood, Sarasota, Tampa, St. Petersburg, and many more. It's taken 70-plus years to build this world-class culture city that offers the best for our visitors. I have -- I just visited the newly remodeled Naples Airport. This gorgeous airport is now displaying the first art exhibit for our visitors coming in from destinations from all over the world, and they're welcomed by a taste of our art and cultures hosted by United Arts Collier at the Naples Airport, and I am -- please allow this very thriving city to continue to expand in its culture arts. Thank you very much. MR. MILLER: Your next speaker is Michael Monroe Ethridge, and he'll be followed by Alice Van Arsdale. COMMISSIONER McDANIEL: And maybe remind them to go to both podiums. MR. MILLER: Yes. Thank you, sir. MR. ETHRIDGE: As Picasso said, art washes away from our souls the dust of everyday life. My name is Michael Monroe Ethridge, and I've been a September 26, 2023 Page 47 professional artist for many years, now living in Naples. I'm currently on the Board of the Naples Art District. I've been asked to show my paintings in fine art galleries around the country; Aspen, Carmel, Sedona, Santa Fe, Newbury Street in Boston, and now here on Fifth Avenue in Naples. Since then, I've gotten a working studio in the Naples Art District. I do know how important art is to tourism and in our personal lives and in the growth of our community. I'm here to ask for assistance from our commissioners for all of the arts in Naples by the financial backing with the grants that are available. And today I want to share a few words why it's extremely important for all of these arts, the visual arts, the literary arts, the performing arts. I've never been more proud to have my studio in here and with so many numerous working studios in the Naples Art District; other great art destinations, such as Santa Fe, the Chelsea Art District in New York, and the Wynwood District in Miami, all of which I have visited. At our last business meeting of the Naples Art District this spring, we had over 100 artists: Ceramic workers, sculptors, glassblowers signing up for membership in our Naples Art District here, and I'm one of those, for the upcoming 2024 season. But to do the things we need to, we need the financial backing. Today I'm asking for some support -- the support and funding to help not just the Naples Art District but for all areas of art within our entire city and county. When you support the arts, you're saying, I support culture, I support prestige and a great quality of life. This financial support you can give us will influence and encourage outside tourists and populations to move here, which will wonderfully impact our economy. The property values will go up, local real estate markets will prosper, and the tax revenue from these local government projects September 26, 2023 Page 48 can be reinvested in public services infrastructure and educational programs. So in closing, supporting the arts removes the dust because it allows us to be something -- part of something good like our family, our church, the Boy Scouts. Art does this by creating something beautiful like laughter, joy, smiles, and friendship and a stronger community. With these grants and the support, we'll remove the dust. I'm asking all the commissioners that are here to help us do just that. Thank you very much. MR. MILLER: Your next speaker is Alice Van Arsdale. She'll be followed by Jonathan -- is this Foerster? MR. FOERSTER: Yes, sir. MS. VAN ARSDALE: Good morning. My name is Alice Van Arsdale. I am the vice president of development for Artis-Naples. I am also a Naples native. I grew up here. I grew up taking advantage of the wonderful arts and cultures, opportunities that are provided here from the Naples Players to Artis-Naples to Naples Art and beyond. And it's really what spring-boarded my career, my studies. I moved away. I lived up north for 10 years. And while I was away, the culture organizations here, by the support of the individuals, the government, and on all levels, blossomed here, and that is really what inspired me to come back. In my role at Artis-Naples, I have received fundraising efforts for the organization. Our financial health depends on the generosity and commitment of individuals, foundations, corporations, and government at all levels. At the heart of Artis-Naples' existence, and every non-profit represented here and beyond, is the dedication to serve, serving the community by crafting and providing and celebrating cultural September 26, 2023 Page 49 experiences and learning opportunities. The county citizens and visitors are able to take advantage of this of all ages and backgrounds who might not otherwise have access to it. One of the core priorities of my role, of course, is to raise funds in support of these programs, but I really see the first priority of my role is to forge and strengthen partnerships. We succeed or fail by the strength of these partnerships because they stand for belief in our mission. They create a bridge from our services to the community and allow them to access it. Partnerships forged in belief are expressed by intertwining means. This is participation, advocacy, and contributions. You know, we haven't expressly heard some of the opinions on the -- from the commissioners on this tourist grant program. We're left to sort of draw some conclusions as well as sort of the feelings for this program, and mentioned at the last meeting as well where we talked about this subject, but we do get the sense that there are considerations for decreasing this program. And beyond the proposition of decreasing the financial support, and as we -- all nonprofits function on a hair's breadth of success in terms of our, you know, financial profit, what mainly concerns me is the resulting decrease that may occur. If funding decreases, then what might happen to the participation and advocacy of the county? Undermining the strength of our partnership decreases the belief in this mission. I also believe that there is a little bit of a myth in Naples that because we are a community of very generous individuals that it's not needed to support by other means, and that's not the case. In fact, I think you should align with these individuals who are supporting us. I would just like to leave you, very quickly, with my gratitude for the opportunity to speak here. I appreciate the debate. We should be having these debates, and we should be justifying every September 26, 2023 Page 50 dollar of the public's money that we spend. But I want to leave you with my belief in this partnership, my gratitude for it, and the impact that we can create together. CHAIRMAN LoCASTRO: Thank you. MS. VAN ARSDALE: Thank you. MR. MILLER: Your next speaker is Jonathan Foerster. He'll be followed by Elysia Dawn. MR. FOERSTER: Good morning. For the record, Jonathan Forester. I'm the CEO of the Golisano Children's Museum of Naples. You guys have -- some of you have heard me say this a bunch of times, but to me the arts and culture is the thing that differentiates us between a lot of our competitive tourism areas in the state of Florida. You know, Destin doesn't have a children's museum, it doesn't have the Artis-Naples, it doesn't have the Naples Art Association, it doesn't have a Botanical Garden like we have, and I think continuing to support those organizations continues to support the breadth of tourism that we have here in our community. We are not just a pretty place to come and spend a little time outside, but we're a place to really invest in, to get -- to spend time to really get to know, and I think that is the thing that creates deep and lasting impactful travel experiences and the kind of travel experiences that make people want to come back again and again and again and again. And I think that's what the recipients of these grants do for our community. And I think that, you know, if you had, you know, Clark here from the TDC to tell you that his best customers are the ones that want to come back, the ones that want to invest in our community, and I think we help them, and our tourism partners do that. Obviously, this is an opportunity to explore what tourism tax September 26, 2023 Page 51 money should be used for, and I think there are a lot of great ideas people from throughout the community on how we should do that. But I think what we forget is that it can't just be about the beaches. It can't just be about the Everglades. It has to be about more, or we will become a one-trick pony, and I don't think that that's what our community is, and I don't think that's what we want to be. And if you look at communities to our north, for example, Sarasota which collects less TDT than Collier County does but spends three times the amount on the arts and culture grants, and they do that because they've realized that's a prime draw for them. They're the ones that are advertising their arts and culture in all of the northern festivals and magazines throughout the summer so that when winter comes and people don't want to be cold but they still want to experience great art, they know to come to Florida, and unfortunately, they know to come to Sarasota instead of Collier County. So I think that we can do a better job of promoting the arts with more investment. I would hate to see us pull back from what we've already accomplished, and I would love to see us move forward. You know, I can speak for a lot of us in saying that we are incredibly grateful for the support. And as you saw in that slide that Mr. Beirnes put up earlier, the children's museum has been a great beneficiary of the support of this tax revenue, and we might not be here without it. So I appreciate that, and I appreciate all your hard work and dedication to the county, and I hope that you will see it to yourselves to support continuing this program. Thank you. CHAIRMAN LoCASTRO: Thank you, sir. MR. MILLER: Your next speaker is Elysia Dawn. She'll be followed by Kelly Kirk. September 26, 2023 Page 52 MS. DAWN: Hello. My name is Elysia Dawn, and I'm the executive director of United Art Collier. I want to say thank you for allowing me to speak today and for your work in the community. It's greatly appreciated. I want to speak to the importance of the arts on both a personal and a professional level. Personally, I grew up in Naples and was very fortunate to have wonderful access to the arts with great organizations like Artis-Naples, getting to perform there as a child; also Fleischmann Park, ballet classes there, which led me to a career in ballet that brought me around the world performing; and then also working at the Metropolitan Museum of Art. But I missed it here. This is such an incredible community, and I was grateful to be able to come back and to engage in the arts, which is my area of expertise. I greatly believe in the value of the arts in that personal way and that the arts gave my life purpose and meaning, but we also know how they do serve the community on an individual level with things like the impact that they have on mental well-being, alleviating symptoms of things like depression, anxiety, PTSD, which is particularly important for some of our most vulnerable population, including at-risk youth, which we serve, as well as seniors and veterans. It is also shown to impact educational outcomes. Children with arts education are able to -- are five times less likely to drop out of school, four times more likely to be academically recognized, four times more likely to pursue a secondary degree, as well as a collective. The arts are an industry here to the tune of $108 million according to our last economic impact study. They have about 3,000 full-time jobs that are created in the community, and also about 183 arts organizations -- arts and culture organizations here. September 26, 2023 Page 53 So, you know, we are economic impact-makers. We are drivers. And so when you give to the arts, it's not just charity. It is -- it's an investment, really, in our community. Because the arts do serve our community. And these -- these funds are so critical to our organization's ability to function and ability to reach others with the message of what we do here, which is truly special, inspiring, and elevating for this community, for our residents and our tourists that we want to share this work with. So I want you to consider that, please, as an investment in this wonderful place, and urge you to consider strongly helping us obtain these funds. They make a tremendous difference to us and all those we serve. So thank you very much for your time. CHAIRMAN LoCASTRO: Thank you. MR. MILLER: Your next speaker is Kelly Kirk. She'll be followed by Holly Dudley. MS. KIRK: Good morning, Commissioners. My name is Kelly Kirk. I am a Collier County business owner; a director of the Florida Stone Crabbers Association; a native Floridian, native Naples; and on the Board for the Everglades Seafood Festival, which is why I'm here today. I stand before you to encourage you to follow through on the previous decision of supporting and approving the TDC's grants for the upcoming year. I'm sure many of you know how many blood, sweat, tears, hours, labor goes into each of these events in Collier County. Specifically for the Everglades Seafood Festival, myself and the other directors work year-round at volunteer cost, so we don't make any income off of it, like many here. Our goal is to bring light to the Everglades City community and surrounding areas, support them with the funds that the festival September 26, 2023 Page 54 brings in, and highlight the importance of the working waterfront in our area, specifically the commercial stone crabbers and fishermen. 2024 will be the 54th Annual Everglades Seafood Festival. Many locals know about it and already plan to attend, but our goal is to reach outside of the community here. This grant allows us to advertise in the surrounding counties, states, and even as far as Europe. We advertise with social media, radio stations, magazines, both Pleasure and FWC publications, and many more. We learned last year through marketing analytics visitors plan their vacations around this festival, and these visitors come back annually, thus contributing to the county in many ways year after year. Accommodations book up quickly, restaurants see the uptick, ecotours and charter captains fill their schedules, commercial fishermen are working tirelessly to provide the fresh catches for this festival. Thank you for the time to speak. We hope to see you all at the festival and encourage your support. CHAIRMAN LoCASTRO: Thank you. MR. MILLER: Your next speaker is Holly Dudley. She'll be followed by Kathleen van Bergen. MS. DUDLEY: Good morning. My name's Holly Dudley. I'm a director for the Florida Stone Crabbers Association and coordinator for the Everglades Seafood Festival. I'm also the president of Holly's Hope. I help people get into rehab facilities for drug addiction. I believe in giving back. I believe in charity. I believe in helping your community when you're given the opportunity to. And this festival fell in our lap year before last, and we were given the opportunity to take it on. It's a three-day event that brings around 70,000 people into the September 26, 2023 Page 55 Everglades City area. As most of you-all know, there's only about 5- or 600 of us down there year-round, so that's a big number for us. But it is a three-day event that can float our community all year long, considering we don't have many children down there. There are a lot of needs. We provide trade scholarships for all applying seniors. We provide lettermen's jackets, prom, homecoming, food bank donations, material for hurricane victims, many other needs -- many, many needs in the community. I come to you today in the hopes we'll be gifted this grant. It allows us to advertise and market this festival throughout the United States without taking away from the profits of the festival that we use to give back into the community. So my hope is that you guys will consider gifting this to us. And we have the blessing of the stone crab fleet September 30th. I think we've invited all you guys via email. We'd like to see you there. Thank you. CHAIRMAN LoCASTRO: Thank you, ma'am. MR. MILLER: Your next speaker is Kathleen van Bergen. She'll be followed by Hyla Crane. MS. van BERGEN: Good morning, Commissioners. Kathleen van Bergen, CEO and president for Artis-Naples. Thank you very much. It's a pleasure to see you again. And on behalf of all of the arts organizations here, we are grateful for the decades of support that this partnership has given each of our organizations. I say "partnership" because there are expectations on both sides of this relationship. With these grants that we accept, we commit to being good stewards of the dollars that you allocate to us. There are expectations of incredible programming that will drive tourists. There are expectations of documentation for how we spend. Ultimately, you are the judge. You do not reimburse unless we are, indeed, good stewards of every dollar. September 26, 2023 Page 56 These grants programs not only support world-class arts activities and education activities that drive tourism here, but we also are able to market the entire community outside of beautiful Collier County. I love hearing the stories, and I know I shared it at the last meeting, but it is a regular discussion where someone will say, I first came to Naples to attend X, Y, or Z or to see this exhibition or the beaches and the gulf and, eventually, they become residents. They say they can find beach, golf, sunshine all around our beautiful state, but they're choosing Collier County because of our commitment and the characteristic that defines us as part of an arts and culture community. I speak as one of the largest organizations in the arts and culture community, and I also speak as one of the larger employers in Collier County. Artis-Naples was grown literally from the sand up, and I respect all of the business decisions you have to make because I now have to make those decisions for an almost $40 million operating budget and over $240 million in assets. That only underscores how much I value each and every dollar that is allocated to support our mission, our mission to bring world-class arts and cultural but also to serve the student population and young population. At this point, we bring over 800 events, almost 50 percent of which are free to this community. Annually, we welcome over 300,000 visitors onto our cultural campus, 45,000 of which are students, and we know that population is growing. And I think it is obvious that this is a value. Arts and culture is a value to our citizens and our visitors. So as we celebrate the Centennial of Collier County, please continue to support this arts and culture grant from marketing and programming. It has become a defining characteristic of our community. And if there are expectations to redefine, to deepen, I September 26, 2023 Page 57 look forward to our continued partnership, and I look forward to meeting the expectations of these precious dollars that you trust us with. Thank you very much. CHAIRMAN LoCASTRO: Thank you, ma'am. MR. MILLER: Your next speaker is Hyla Crane. She'll be followed by Kristina Heuser. MS. CRANE: Good morning, Commissioners. My name is Hyla Crane, and I'm the executive director at the Marco Island Center for the Arts and the Arts Center Theater. It's my belief that great artists, both visual and performing, find their inspiration from the very depths of the soul. They're -- the Lord speaks through them because without him there is no creation. And this is a significant reason why I have devoted my life to working in the arts. You have heard from those who spoke before me about the economic benefits of the arts, that the arts mean business, that it benefits tourism and the citizens of Collier County, and that raising the arts and culture up to the light benefits the representation of Collier County. No one wants to live in a cultural wasteland. But I know you all appreciate the value of arts and culture in our community. The question is, why should the county continue to support? My organization is on Marco Island. And in the last year, two theaters and one arts organization folded. They are no more. We picked up those pieces, and the support we received through the TDC funding was, literally, essential for us to make that possible. I know that the county faces many pressing financial issues. You all have been laser focused on improving the lives of all of us in Collier County through your insights, hard work, and determination. Thank you. It's obvious that you weigh all issues carefully and fairly. I September 26, 2023 Page 58 respect that your decision concerning funding for non-county museums and marketing will be prudent and will serve the community's best interest. Thank you. CHAIRMAN LoCASTRO: Thank you, ma'am. MR. MILLER: Your next speaker is Kristina Heuser. She will be followed on Zoom by Tricia Griffin. MS. HEUSER: Good morning, Commissioners. I'm so happy to have the opportunity to present this concern to you. It's just by happenstance. But I have a concern about TDC marketing. And this is something that was actually brought to my attention by another local elected official, but, you know, I'm not going to name them, because I don't think they wanted to bring it to you directly. So the TDC is actually targeting LGBTQ visitors and groups and events. And I'm sorry that I didn't plan this, so I'm not able to display this better, but this is their website. So it shows, like, a same-sex couple sort of nuzzling up to one another. It says, we're proud to welcome you to paradise. And then if you scroll down, more like, intimate moments between same-sex couples. The Naples Pride Center, which is a known supporter and promoter of dysphoria in children. More Pride flags and things like that. And down here, we even have same-sex couple with children. And I don't think that's consistent with the values of our community. And I know there are different opinions about that, obviously, but it's certainly not something that tax dollars should be going to support. And this was actually brought -- oh, and they also actually have a staff member who's dedicated to marketing to this type of group and event. And this was brought to my attention when there was some outrage about the Naples Pride Fest in Downtown Naples. And it was said to me, you know, you guys are coming here attacking us for September 26, 2023 Page 59 this, but the county's actually marketing to these types of events and soliciting to bring them here, and I thought that was a very valid point. And I imagine most of you, if not all of you, are probably not aware of this, but I would like it to be addressed. And I don't think any marketing funds should be given until their marketing plan is revised to eliminate this. Thank you. MR. MILLER: Your final registered speaker on Zoom is Tricia Griffith. Ms. Griffith, you're being asked to unmute yourself, if you'll do so at this time. Ms. Griffith? Tricia Griffin [sic], I am prompting you to unmute. (No response.) MR. MILLER: She's not unmuting, sir. So I guess that's all I can do at this point. CHAIRMAN LoCASTRO: Mr. Beirnes, anything you'd like to address that you heard from any of the comments of any of the public speakers? MR. BEIRNES: I think the one thing that was represented is that arts and culture is one of the many fibers of what this destination is. We have some incredible rich restaurants, retailers, the beaches are amazing. But it's just a piece of the fiber overarching. CHAIRMAN LoCASTRO: Okay. Do I have any comments from the commissioners? Okay. Commissioner Hall. COMMISSIONER HALL: Yes, I had -- I had asked this to be pulled off the consent agenda in the other meeting, and I wanted it brought forward for the history. And, thank you, Paul, for the history. You did a great job with that. I want to thank every speaker, because your message was September 26, 2023 Page 60 heartfelt. It was sincere, and, you know, you're fighting hard. You're fighting hard for these grants, but at the same time, they are grants. They are gifts. They're public monies. And so in staff yesterday I was wanting to ask what -- you know, we -- I understand what the statutes are and what the TDC monies are allowed to go to as far as the arts, as far as -- you know, as far as non-county museums, as far as for marketing purposes. But do we have some other options that are actually public assets that these monies could go to as well? MS. PATTERSON: Commissioners, yes. We have a robust program for both our beaches and our beach park facilities. Probably one of the most important uses of the TDC dollars is our beach renourishment and beach maintenance programs as well as supporting those beach park facilities. COMMISSIONER HALL: Specifically, what could -- you know, Barefoot Beach, Vanderbilt Beach, Clam Pass, Wiggins, blah, blah, blah -- MS. PATTERSON: Yes, sir. So we not only maintain those beaches, including all of the permit requirements, but we also re-nourish those beaches and then, again, we maintain the beach park facility. So that's the public amenities at those -- at those facilities. We do have partners in the City of Naples that do get some money from the TDC dollars as well to take care of their areas of the beach under their responsibility as well as their beach park facilities, and that's something we're actually actively exploring with them as far as the use of those dollars in light of the age of a lot of these facilities and the number of needs. COMMISSIONER HALL: Thank you. Mr. Rodriguez, do you want to add anything? MR. RODRIGUEZ: For the record, Dan Rodriguez, your Deputy County Manager as well. September 26, 2023 Page 61 Absolutely. And as you know, with the -- Hurricane Ian, many of these facilities that we have on those coastlines were damaged, and some of those repair work did not completely get reimbursed by FEMA. So there's plenty of work to be done. And some of these facilities are 25 years old. Parking lots that need to be resurfaced as well as boardwalks that need replaced. You know, Caxambas is a major boat ramp facility. It needs a lot of updating, as well as Clam Pass Park and, of course, Tigertail Beach needs a new set of restrooms and things like that. So there's plenty of work for staff to do, and with the budget constraints that we're going to see in the future, every opportunity needs to be looked at. COMMISSIONER HALL: I mean, you caught the shameless plug for Wiggins, Barefoot, and Clam Pass. COMMISSIONER McDANIEL: It was shameless. COMMISSIONER HALL: It was shameless. I love the arts. I've been to the children's museum three or four times. I got the privilege of having a tour with Michael at the Arts District. I've been to Artis-Naples. I've been to the playhouse. And truly they're first class, they're world-class places. But here's where I question some of the grant decisions that -- maybe not in the past. Maybe just from now for the future because we have post hurricane. We have public assets that need public money support. I loved the benefits that Michael explained what the arts bring. I mean, he just -- it was eloquent how he just rattled off every benefit that the arts produced, and that's so true. But at the same time, each one of these -- each one of the arts businesses or nonprofits or each entity, they already have the incentive to promote their business. And I dare say that if we don't decide to do these grants, that they would go -- that they would go bankrupt or they would go under. I don't think that's true at all, not in the least. I do see where they September 26, 2023 Page 62 can benefit from some of these -- from some of these grants. But what I'm questioning is, is whether it should be a priority in 2023 and going into 2024 to take public monies and support private businesses. You know, where do we stop? The arts is a -- is an industry here in Collier County. So is golf. There's over 70 golf courses. We have the Chubb seniors golf tournament. We have the Shark Shootout. We have the LPGA CME tournament, and all of those promote tourism. We have the big Minto Pickleball championships for the week. I mean, that promotes. So, you know, where do we draw -- where do we draw the line? Where do we say, well, we can give to one but we shouldn't give to the other? But mainly what my thoughts are -- and I'm not completely opposed, but my thoughts are moving money towards public assets, improving the public assets, especially after the hurricane, especially after -- I mean, we still -- I went to the beach day before yesterday in the morning. There's still no showers. I mean, there's no wash -- no foot washes or anything. It's still real kind of raw down there. Now, those were city beaches that I went to, but the county beaches are the same way. It was mentioned that Naples is a world-class destination with the beaches and the restaurants and, you know, the support that we have for tourism. I agree. If I was in the arts business, I would definitely want to hang my shingle in Collier County, especially in Naples. But as far as -- you know, where I'm battling is there is no -- you know, I've gotten emails saying please do not defund the arts. I'm not defunding them. You can't defund something that you're not -- that you're -- that you're not obligated to give to. These were gifts. And if we don't decide to gift that money in that direction, I September 26, 2023 Page 63 don't think anybody -- it would be fair for anybody to say, well, you don't believe in us or you don't want us or, you know, you're anti this or anti that. That's not true at all. I have a responsibility to be a good steward over the public monies that come our way, and these are public monies from the tax -- from the tourism dollars. Well, you can say, well, Chris, Commissioner, you know, that's what tourism dollars do; they promote tourism. I agree. But we want to promote tourism -- do we want to promote tourism in private business, or do we want to promote tourism for -- in the public access? Well, Commissioner, people come here for the beach, but after they come here for the beach, then they come to see us. That's true. But we want our beaches and we want -- we want our public access, our public assets to be top-notch. I'm not saying don't do it. I'm just -- these are questions that I have. I'm having to -- I'm having trouble determining where the public money is obligated to go to private business when we have our own public assets to -- and the term has been, several times -- "invest in." CHAIRMAN LoCASTRO: Commissioner McDaniel. COMMISSIONER McDANIEL: I agree. As a point, I'd like to say out loud again that these are, in fact, grant monies, and just because a particular applicant's been awarded a grant doesn't mean that that grant is bequeathed until the budget is approved. And I want all efforts put into making that very, very clear to the folks that have applied for and then been approved for the grant to be -- let it be known that the -- that the budget is the budget and that, ultimately, it comes before this board for its approval. So saying it out loud is absolutely a requisite. Number two, at the Tourist Development Council, we triage with consultants asking folks why they're coming here, so on and so September 26, 2023 Page 64 forth. Maybe a little more effort can be put into sharing with this board the priorities or the rationale of why folks are visiting Collier County, and then on a percentage basis, the allocation of the grant funds in relationship to the total amount of money that we're spending for these bequeaths because, in fact, they are bequeaths, and they're necessarily one-time bequeaths. It's not -- just because you get it once doesn't mean that you're going to be able to be approved for it again. And I certainly look forward -- and I assume it will come through the Tourist Development Council either this year or next, and I think, Commissioner LoCastro, you'll be the one in the chair. I'm the current chair of the TDC right now. But that prioritization of how much and who's authorized to receive the grants is, in fact, going to be correlated to efficacy. We certainly want to see the expenditure of taxpayer money spent in the most efficient manner that we possibly can do. So I agree with Commissioner Hall with the necessity for our public access and assets that the county currently has, but on the same token, I know we have done other grants and then, for lack of a better term, there's been a weaning process that has come about. We supported the rodeo almost in its entirety with regard to that group, and then over -- and then have backed off the contributions to assist that organization, so -- and it's become a very successful event that folks are now looking forward to because we helped -- we helped with the seed money to get it going. So I'm -- my personal opinion is these grants have been established. They've been vetted. We've done as much as we possibly can right now. There's more to come. I would suggest that we leave this -- my particular preference is we leave this alone for now and let it be known that there's more to come with regard to the analysis that's going to go into next year's bequeaths. September 26, 2023 Page 65 CHAIRMAN LoCASTRO: Yep. I'm going to speak next and then, Commissioner Saunders, sir, you're on deck. I look at these grants closer to investment than a gift, I mean -- and there could be some semantics here. And I've gone on record before saying, you know, if I wanted to think of the one true gift that I think the county gave, it would be to Great Wolf Lodge, and I've said that before, but that's here nor there. But the reality is that I think this is more of an investment; however, it doesn't really matter what you call it. It's money that's going to taxpayers. I agree that the public locations and all the things we talked about with our beaches should be a priority, but I think they are. So to me, it's more of balance. It's not a matter of shut this down. And nobody has said that. But everything that Mr. Rodriguez mentioned has been getting a lot of funding and repair. Yes, everything's not fully fixed. I got, you know, Caxambas Park and Marina that's practically got a lock on it right now that has an awful lot of work that's needed. But I think it's finding the balance. I'd agree with Commissioner McDaniel. I came in here -- unless I heard something different -- to agree to full funding of what's been promised in this budget but with lots of caveats, and the caveats would be -- and, Mr. Beirnes, you've said before -- and one of the reasons why we brought you on, deep résumé, you really hit the ground running, you've brought us so many positive leadership things that you have brought to the TDC in your staff. But I think, to use Commissioner McDaniel's term, you know, leave it alone; however, really looking for your leadership to dig through every single grant that's given, and are any of them excessive? Are any of them unneeded? We heard one time in this room that there's one or two organizations -- I'm not going to name anything -- that say, you know, we'll take it if you give it, but we're not going to go out of business, like Commissioner Hall said, if we September 26, 2023 Page 66 didn't get it. Okay. Well, let's have an adult conversation. Can you give that money back to the county if it truly isn't going to implode your organization? Because we can re-purpose it? So being able to go down the line and line-item veto -- and not saying that we don't support that event, but maybe they have weaned themselves off of, you know, the grant money, I think, would be really responsible. I'd like to see maximum -- I'd like to hear from you, you know, as we go through the year, that you're getting maximum documentation. We've given money to different entities, education organizations and others, that in the end we stopped because the documentation wasn't there. You know, the great speech was there and the nice public comments, but then the documentation that was promised as part of the multi-million-dollar grant that they got never came. So hearing from you -- and even showing us as commissioners that the need is there. It's a necessity. They are working hard to wean themselves off of this grant money, and that they're providing proper documentation and justification. I think those go hand in hand. But as I look at what the ask is here, I think this might be the last time that it's, as Commissioner McDaniel said, approved as-is; however, the shot across the bow is we're not just here to write blank checks, and whoever asks for money, they automatically get it; that there's a much stronger filter system. But I would approve this grant money as-is with the pledge from you that all the things that we just mentioned would be aggressively looked at, and we'd be having -- and we've said this in this room a few days before -- we'd be having a totally different conversation 12 months from now, is my stance. Commissioner Saunders. September 26, 2023 Page 67 COMMISSIONER SAUNDERS: Thank you, Mr. Chairman. I've got a couple questions and a couple comments as well. I just wanted to kind of put this in perspective. And it sounds like there's not going to be an issue in terms of these grants this year, and I agree that every year these grants have to be evaluated. I'm assuming that the TDC does a fairly thorough evaluation of the grants and the benefits from those but, obviously, the Board of County Commissioners makes the final decision. So I'm looking forward to that analysis next year again, because I think you went through that process this year, and then we can make a determination as to whether or not we agree with whatever the TDC comes up with. But I want to kind of put this in a little bit of perspective. Can you -- off the top of your head, do you know what the total TDC funding is? The total amount of money that's generated by the 5-cent -- MR. BEIRNES: For five cents? COMMISSIONER SAUNDERS: Yeah, just approximately. MR. BEIRNES: Yeah. This last year we had tourist development tax collections of 47.3, 47.4 million. COMMISSIONER SAUNDERS: Forty-seven point three million, okay. And not that it's relevant because, obviously, we need to make sure that every penny is spent properly but, again, just kind of putting it in perspective, what is the total amount of these grants? I know it's in our paperwork here, but what's the total amount? MR. BEIRNES: This particular year that is being presented is $750,000 for the Category C-2 and $100,000 for the marketing, so it's $850,000 total. COMMISSIONER SAUNDERS: All right. So that is a big number, and a lot of benefits can be derived from that in terms of September 26, 2023 Page 68 repairs and things of that -- storm damage. But it's really a very small percentage of the total collection. Then in terms of the collection as well, how much of that goes into advertising? MR. BEIRNES: Total advertising -- in fact, it was on the slide right here, 33.75 percent -- sorry -- 33.5 percent goes to destination promotion, marketing. This is basically our marketing budget. I will knowledge, not that full amount goes to marketing because we have acknowledged that we're working within the budget -- or the guidance. In fact, this year, 12 million of that actually is set aside as unallocated. So our expenditure, if I recall right, is around $9 million. COMMISSIONER SAUNDERS: Okay. And that's to advertise private business. MR. BEIRNES: Globally. That is to promote and market the destination globally. COMMISSIONER SAUNDERS: But that's to the benefit of the hotels, restaurants. MR. BEIRNES: Correct. COMMISSIONER SAUNDERS: In the entire community, the workforce and everybody. MR. BEIRNES: Right. COMMISSIONER SAUNDERS: So, obviously, these are very important expenditures. And I trust that the TDC, the Tourist Development Council, really will be vetting this coming forward. I support the arts. I'm glad that Commissioner McDaniel and Commissioner LoCastro have indicated their support this year, and I agree with them that we have to evaluate that every year. So there won't be a problem for this current year. Thank you, Mr. Chairman. CHAIRMAN LoCASTRO: Commissioner Kowal. September 26, 2023 Page 69 COMMISSIONER KOWAL: Thank you, Chairman. I supported, you know -- and we had brought this back. And I think Commissioner Hall had raised the question at a previous meeting -- to bring it back and kind of take a deeper dive into what we were doing. And, you know, I was glad that we were going to have this conversation today, and, you know, I -- I wanted to hear from the people in the environment that, you know, support these programs, run these programs, you know, and how important the money is to them. And I came away with some more questions than I did answers, you know, just sitting here today listening to some of these things. And I'm just going to over them, because I think these are the things I think we need to look at as we're moving forward, and especially next year when this comes back around. You know, I had -- in my mind I'm questioning, you know, some of these things that exist. I don't know if there was, like, a magic algorithm or something -- I know -- I don't think it exists -- to figure out one from the other, if it's true tourism coming here for certain events or certain facilities, or is this just facilities that support our seasonal residents that are used to these type of facilities where they come from when they are up there in the summer where they live in their New York Cities and their Bostons and Chicagos, and they have performing arts studios and plays they can go to and things like that, or are these -- did these actually grow organically from them being our seasonal residents that came here and while they're here in the winter when they can't survive in the subzero temperatures or, you know, the heavy snow drifts, and they can still enjoy those things they enjoy in the cultural areas they live in or grew their wealth in. And, you know, I don't know how we figure out one from the other. Or are these rainy-day events, like when people were really September 26, 2023 Page 70 drawed here because of the weather and the beaches and it's -- the weather's not good, and they go to the children's museum because, listen, I got a car full of kids, I'm in a hotel, that's somewhere where we can go, you know, or is it -- are they actually coming here because of that? And I think that's the hardest thing we're going to have to look at moving forward. So I understand. I wanted it to be more clear today, but I actually have more questions. And I think, with my other colleagues, I'm going to support us today moving forward, but I really think we need to take a hard dive and really figure out some way to figure that algorithm out. Is this truly drawing people here, or are we just supporting lifestyles that people are used to? And that's the only reason it's here because we have a lot of people that live in those jurisdictions up north that are accustomed to these type of things, and it just kind of organically grew from that, not necessarily they're a draw from people that have never experienced it from other parts of the world. So, yeah, I think that's something we really need to dive into. But, like I said, today I'm going to support us moving forward, but I really think that's -- it's an eye-opener for me, really, so thank you. CHAIRMAN LoCASTRO: Yeah. And, you know, something I'll add to that, and then Commissioner Hall's lit up, and I see Commissioner Saunders over here doing math, and he probably wants to give us some of those fractions. Come on. We all want to take advantage of that. He's doing algorithms over here. Everybody we heard from today, I truly believe, is obviously sincere. This is a passion. It's not a job. And whether they're public or private or what have you, I think they all share the same, you know, common thread. But, Paul, I would just tell you, as you go forward, and I September 26, 2023 Page 71 think -- and I think because -- you know, I think we all really admire the experience and leadership that you've brought to the position, really getting in front of all these folks that get this investment money and making sure they're aware that if they truly don't need it or they can self-wean themselves off of it, it allows us to take that money and maybe help somebody else get started up. I mean, I'm thinking of the gallery out there or the event, or what have you, that has never gotten any money, and maybe because they didn't qualify or -- but now they're getting their act together. So it's also about responsibly moving the money around. We did that in here for a thousand hours, you know, just last week. It's not as easy as just writing blank checks to the people that always get it. And I think the group of art professionals that we heard from, I do think you-all understand that. So remember, you know, without sounding corny, your fellow brothers and sisters that maybe want to come to Collier County and do something with the arts and get things going -- and, you know, Paul, you only have so much money to go around, so being able to spread that wealth a little bit, sometimes you've got to have somebody raise their hand and be responsible and say, you know, we could always use it, but we don't need it. And knowing that, the money just isn't going to then get shredded, it's going to go to somebody else who shares that same passion as they do, and we could more robustly use the money or, as Commissioner Hall said, we always have needs on public things and making sure we can slide, you know, that investment around I think's going to be key. So I know we're going to have a much different discussion, you know, next time you're at the podium talking about, you know, this budget for, you know, 12 months from now. Commissioner Hall. COMMISSIONER HALL: So just to sum it up, I'm not September 26, 2023 Page 72 questioning who the grants go to, not in the least. I'm questioning the grants themselves going to private or nonprofits. And so, you know, the term "invest," whenever -- if I invest my money, I expect a return on my money. So if the public invests in the public's money, they expect a return on it. And, you know, if I was fighting for the position, I would definitely say this money is an investment into our industry. I would say the same thing, but they get the return. The taxpayers don't. So I think it's been said well that you're going to have support for this this year, but going forward, I would really challenge each one of you in this industry to look at your balance sheets, look at your income expense statements, and figure out a way you can do this without public money next year. And with that, I'll make a move to approve the -- COMMISSIONER SAUNDERS: Second. CHAIRMAN LoCASTRO: I was going to ask -- COMMISSIONER McDANIEL: Third. CHAIRMAN LoCASTRO: I was going to ask, actually, Commissioner McDaniel to make the motion because he sits on the TDC and maybe just, you know, for semantics or -- COMMISSIONER McDANIEL: It doesn't matter. COMMISSIONER HALL: I'll withdraw the motion. CHAIRMAN LoCASTRO: Commissioner McDaniel, make the -- COMMISSIONER McDANIEL: Let it rip. CHAIRMAN LoCASTRO: You do a lot of work for us on the inside here, and so -- COMMISSIONER McDANIEL: I'll make a motion for approval. CHAIRMAN LoCASTRO: Okay. I've got a motion from Commissioner McDaniel to approve. I've got a motion from September 26, 2023 Page 73 Commissioner Hall as a second. COMMISSIONER SAUNDERS: Second. CHAIRMAN LoCASTRO: All in favor? COMMISSIONER HALL: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN LoCASTRO: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN LoCASTRO: Opposed? (No response.) CHAIRMAN LoCASTRO: It passes unanimously. Thank you. We will now take a break and come back at 11:15. (A brief recess was had from 11:00 a.m. to 11:15 a.m.) MS. PATTERSON: Chair, you have a live mic. CHAIRMAN LoCASTRO: Okay. Let's see. Are we moving to 11C? Item #11C AWARD FROM THE HOUSING AND URBAN DEVELOPMENT (HUD) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG-CV) FUNDING PROGRAM THROUGH THE FLORIDA DEPARTMENT OF COMMERCE IN THE AMOUNT OF $981,067 FOR THE CONSTRUCTION AND EXPANSION OF THE COLLIER SENIOR CENTER GOLDEN GATE FACILITY, AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED AGREEMENT AND AUTHORIZE THE NECESSARY BUDGET AMENDMENTS. (HOUSING GRANT FUND 1835) (ALL DISTRICTS) - MOTION TO APPROVE WITH DELTA UPDATES IN THE FUTURE BY COMMISSIONER SAUNDERS; SECONDED BY COMMISSIONER LOCASTRO – APPROVED September 26, 2023 Page 74 MS. PATTERSON: Yes, sir. We are moving to 11C, formerly Item 16D2. This is a recommendation to accept an award from the Housing and Urban Development Community Development Block Grant Funding program through the Florida Department of Commerce in the amount of $981,067 for the construction and expansion of the Collier Senior Center Golden Gate facility, authorize the Chairman to sign the attached agreement, and authorize the necessary budget amendments. This item is brought to the agenda -- to the regular agenda by Commissioner Saunders' request, and Ms. Tanya Williams is here to present or answer questions. CHAIRMAN LoCASTRO: Commissioner Saunders, did you want to make a statement, sir? COMMISSIONER SAUNDERS: Yes, I would. And part of the reason for bringing this up is I wanted the -- our two newest commissioners -- I don't want to say "new commissioners," because you were new commissioners for the first three or four meetings. You're now -- CHAIRMAN LoCASTRO: Commissioners. COMMISSIONER SAUNDERS: -- well abused -- COMMISSIONER HALL: Newest. COMMISSIONER SAUNDERS: Yeah. You're just abused commissioners now, like the rest of us. This is a -- one of the things that I really focused on when I first got elected was trying to improve the whole Golden Gate City, that four-square-mile area, and this is just another piece of that puzzle. It's a good-news story. I remember going back to -- I don't know when Steve Carnell left the county, but I was working with him for a year or two on this project. There's been a tremendous amount of philanthropy collected for this project. This is another grant fund. And it looks September 26, 2023 Page 75 like this is a project now that is ready to really go underway. And I wanted the Board to get a little bit of the history here because, again, it's a good-news story for the whole Golden Gate City area. That's an area that, quite frankly, had been ignored by the Commission for decades. And this commission has really taken up the mantle to improve that area, and this is just part of it. So if you could just let the Board know what this project is, I'm sure there'll be no objections to it. MS. WILLIAMS: Thank you, Commissioner. For the record, Tanya Williams, Public Services department head. Commissioner Saunders is correct; we actually started talking about this project back in 2019. It actually came out of the budget hearings in 2019 and directed staff to move forward with a feasibility study. Prior to 2019, the Collier Senior Center was leasing, and they still are leasing the old Golden Gate library. When the new Golden Gate library was opened, we still had the old building, and we worked with Collier Senior Services, and they have been leasing that building for their program since 2014. So we've had -- we, the library, we, the county, have had a long-standing relationship with Collier Senior Center. So this project, specifically, is about hardening and expanding the existing footprint of the old library. Just for point of reference, you have the new library and then the old library, which is a little over 7,000 square feet, that the Collier Senior Center is currently operating out of. And as Commissioner Saunders said, and as we have before you, requesting your acceptance of the award, this is an additional grant opportunity. It's the CDBG-CV grant in the amount of a little over $900,000. This is a project that is being paid for through September 26, 2023 Page 76 multiple grants. And as Commissioner Saunders noted, we are getting ready to -- and we will be bringing this back to you either the second meeting this October or the first meeting in November. We will be bringing back to you the contract award for design services. So we are at a point where we are ready to get started on this project. And in regards to the funding sources -- which it did not put my update in here. Oh, I apologize for that. CHAIRMAN LoCASTRO: No. There was something in there. MS. WILLIAMS: Oh, go back. CHAIRMAN LoCASTRO: There was a spreadsheet. MS. WILLIAMS: Let me put it on the -- let me switch over to this. CHAIRMAN LoCASTRO: There you go. Go one more previous slide. There it is. MS. WILLIAMS: This is a breakdown of the estimate for the cost of the building. The one that I wanted to talk about first -- I apologize. It didn't get to the update this morning. Troy, if you'll switch over to the -- So how do we get to the funding that we have available for this? As I said, it's multiple pots of money. We were awarded a state appropriation last year, which we have been able to carry forward into this year, for $250,000, which has started the design -- the conceptual designs. We were originally also awarded a CDBG mitigation hardening grant for two million, eight hundred nineteen -- $2,819,107; the CDBG-CV grant that you are approving today is $981,057 [sic]; and then a prior CDBG-CV that is a million dollars. And the library has half a million dollars set aside in our 301 Capital Fund. That was part of the matching for the state appropriation, and it affords us a few extra dollars as well. September 26, 2023 Page 77 So currently, as it stands, we do have a little over $5.5 million allocated for this project. Troy, we can go back to that prior slide now. And this is the most recent cost estimate breakdown for the project, and you will notice that, as it stands, we are still looking at a delta of almost 1.3 million, but we really won't know the full scope of that delta or any possibilities of a delta until we actually get the design initiated. COMMISSIONER SAUNDERS: Can I ask a quick question on that? MS. WILLIAMS: Uh-huh. COMMISSIONER SAUNDERS: I do know that there's been a fundraising effort by the board of directors and the members of that association, and I don't see that number in here at all. MS. WILLIAMS: That's not reflected in this. This is strictly just from our -- the county perspective. COMMISSIONER SAUNDERS: Okay. Because I suspect that they've probably raised at least that much, so that would be the first place to -- MS. WILLIAMS: Absolutely. COMMISSIONER SAUNDERS: -- look. So, Mr. Chairman, that's -- I just wanted the Board to know how this was funded and how important this project is, and I'd like to make a motion to approve the grant, if there are no questions. CHAIRMAN LoCASTRO: I second that motion. I would just ask you -- it sounded like what I heard was that that delta you believe is being made up. COMMISSIONER SAUNDERS: Yeah. I just noticed that there's no indication here as to money that's been collected over the last several years. They have their annual meeting on November 7th, and the reason I know that, that's my birthday as well, September 26, 2023 Page 78 so I wind up going to their meetings -- this will be the third year in a row that I've spent my birthday at their fundraising events. But they've been very successful in raising money. So let's check and see where they are with that and let them know that this grant's being approved today and that we're ready to move forward. MS. WILLIAMS: And I'll be happy to bring that information back when we bring the design contract. CHAIRMAN LoCASTRO: Did you just sneak in your birthdate into the record? You just snuck your birthdate into the record? COMMISSIONER SAUNDERS: Yeah. The day, not the year. CHAIRMAN LoCASTRO: Okay. So we've got a motion by Commissioner Saunders, a second by Commissioner LoCastro. All in favor? COMMISSIONER HALL: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN LoCASTRO: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN LoCASTRO: Opposed? (No response.) CHAIRMAN LoCASTRO: Okay. It passes unanimously. And we had no commissioners lit up for questions, so... MS. WILLIAMS: Thank you. Item#11D DIRECT STAFF TO ADVERTISE AND BRING BACK FOR A PUBLIC HEARING, AN ORDINANCE AMENDING THE LAND September 26, 2023 Page 79 DEVELOPMENT CODE, TO ESTABLISH RULES OF DECORUM FOR NEIGHBORHOOD INFORMATION MEETINGS (ALL DISTRICTS) - PRESENTED; W/DIRECTION TO STAFF TO BRING BACK AT A FUTURE BCC MEETING MS. PATTERSON: Commissioners, Item 11D, formerly Item 16A1, is a recommendation to direct staff to advertise and bring back for a public hearing an ordinance amending the Land Development Code to re-establish rules of -- to establish rules of decorum for neighborhood information meetings. This item is brought to the regular agenda by Commissioner McDaniel and Commissioner LoCastro's separate requests. And Mr. Mike Bosi, your director of Planning and Zoning, is here to answer questions and/or make a presentation. CHAIRMAN LoCASTRO: Let's hear your presentation, Mike, if you've got one. MR. BOSI: Good morning. Mike Bosi, Planning and Zoning director. No, I haven't prepared an official presentation. This was a direction that the Board provided to county staff, after an unfortunate event at a neighborhood information meeting roughly about a year ago, bringing back some rules related to decorum and expected decorum and how a neighborhood information meeting was provided. We've had a proposal -- prior to the Planning Commission, we were suggesting -- staff was suggesting potentially to allow for the first of the neighborhood information meetings to be held virtually only -- the Planning Commission felt that there was value within in-person meetings, so we've pulled that back, as directed -- or as recommended by the Planning Commission. So the first meeting that we're proposing has to be in person. We do allow an option for the virtual participation. September 26, 2023 Page 80 And I know we've had some conversation, Commissioner, towards where you were looking to not make that optional, the Zoom -- or the video opportunities, but to actually mandate that that be a provision within that first neighborhood information meeting to also require that they have a virtual participation option. CHAIRMAN LoCASTRO: I don't know how the other commissioners feel, but I just feel like it's 2023, and I think by them having the option -- by an applicant having the option and not choosing to use it, it leaves a loophole to the citizens that maybe, then, don't get the vote they want to then say, well, we had 100 people that would have all Zoomed in, but they were all seasonal and they couldn't do it, or they had the option to utilize Zoom, but they chose not to use it to artificially have a smaller, less effective NIM. And so that's just me. I think the option was -- or making it a mandatory type of thing, that it's in person and Zoom, I think, improves the process, but that's -- and we had sort of talked about that a bit here, but that's why -- I probably pulled this for the same reason that Commissioner McDaniel did, is because I personally wanted to have a discussion about it and see how we were going to go forward because I just think that this -- that the verbiage here does require blowing a little dust off. Things have changed a bit. We had some NIMs that didn't go great and -- but they weren't illegal, immoral, or unethical, you know. By the direction in writing here, they -- you know, they counted, but I don't think any of us were proud of them. I remember that being a statement that we said a couple times when we had an issue. But, you know, having said that, you know, Commissioner McDaniel, I'll defer to you. Do you have some comments? COMMISSIONER McDANIEL: Yeah. I don't see any reason why it isn't a requisite. I would be in favor of that if, in fact, it can September 26, 2023 Page 81 be done. It's not -- I was a little disappointed that there wasn't a two-meeting requisite, two NIM meeting requisite, one of which being virtual, and those can be controlled. You don't allow people to get nasty or do anything offensive on those. They have an opportunity to write their comments in. It gives record of those folks that have a position one way or the other and an opportunity, then, for the applicant to address those thought processes. So what -- you're going like this (indicating), so I'll -- MR. BOSI: No, I was just -- Commissioner, I was just waiting for you -- waiting for you to finish the statement. I was going to address the thought process behind that of not requiring two neighborhood information meetings, one in-person and one virtual. The majority of neighborhood information meetings go off without a hitch. And so what I think Commissioner LoCastro was suggesting is have the in-person requirement and also have the virtual requirement. We do have a provision that if a NIM is to be postponed because of unruly behavior from the attending public, that a second meeting can -- will be required, and that second meeting can either be in person, in person with Zoom option, or Zoom option only, a virtual meeting. So the first meeting -- so the results of the first meeting couldn't be repeated in the second meeting. CHAIRMAN LoCASTRO: And your summary of my proposal was correct, that there would be one NIM and it would have both, and then maybe there would be a subset verbiage in here saying if that NIM with both in-person and Zoom for some reason didn't fulfill the requirement, it was, you know, a disaster or whatnot, then we could direct, I guess, or whatever -- I mean, what we're saying in here, correct me if I'm wrong, is we're tasking the staff here to take our inputs that we have now and then come back here with the right September 26, 2023 Page 82 kind of verbiage. Me, personally, I think one NIM. Like you said, most go off without a hitch. It would be an improvement if it was in-person and Zoom together, but then I'd love to see the verbiage, which would maybe be a little subset of that and say, if, in the unlikely event -- even with in-person and Zoom, the NIM had the possibility of not counting or not being successful, that there was sort of a secondary option in the unlikely event. That was just my thought talking out loud. MR. BOSI: And if we -- if you look at -- on the screen, the last sentence says, if the petitioner determines the NIM cannot be completed due to disorderly conduct of the members of the public, the petitioner shall have the right to adjourn the NIM and be required to conduct another duly advertised NIM either in person or via communications, media technology, or both at the discretion -- CHAIRMAN LoCASTRO: Should it just be the petitioner, though? What happens if there was a NIM, say, in Commissioner Kowal's district, my district, anybody, and the petitioner thought it was fine. Yeah, it was a little bit of an unruly crowd, but they want to get credit for it but we feel like we've talked to our constituents, we got some feedback from the county staff, and we feel different. You know, the word petitioner's in here a lot, but it seems like that ties our hands a little bit, or maybe it doesn't. Maybe we always have the authority to say I don't care what the petitioner said. We got enough feedback that the NIM shouldn't count. But, you know, I'm sure that the County Attorney -- I mean, I defer to the County Attorney. I want to have something in writing that isn't too -- that isn't vague at all. Commissioner McDaniel, sir, you're lit up, and then Commissioner Hall. COMMISSIONER McDANIEL: I am. I think we cover all of September 26, 2023 Page 83 what we're looking to ultimately do just by requiring virtual capacities -- virtual attendance to be there. It's that simple. MR. BOSI: Yeah. COMMISSIONER McDANIEL: And then that flows into the second NIM in the event that the first one's determined to be unsuccessful, and we just -- we just do that. Again, this is 2023. And certainly the technology's availed to be able to do that. You provide for additional recordation within the Zoom. That's a portion of the Zoom process. Zoom, Teams, I don't care, Blue Jeans, whatever media, you know, external source is there, virtual source is availed. I don't really -- I'm not saying that it needs to be Zoom, per se. It can be -- any kind of virtual attendance should be -- should be a requirement of our neighborhood information meeting process. CHAIRMAN LoCASTRO: But the requirement here is to take all of our input right now, not decide anything, but for you to take it as a homework assignment and then come back with something in writing that you think encapsulates everything that we talked about, right? MR. BOSI: Yeah. I mean, we -- the direction that I'm hearing from -- that's suggested from Commissioner McDaniel and yourself is to require to have a virtual media component to your first NIM, and then if it's disrupted because of disorderly conduct, then allow for that petitioner to have that second NIM, and he can -- and they can choose to have it in person or they could have it virtual only because of the circumstances of the first. CHAIRMAN LoCASTRO: Okay. I'll have something -- COMMISSIONER McDANIEL: If it is in person -- excuse me. CHAIRMAN LoCASTRO: No, go ahead. COMMISSIONER McDANIEL: If it is in person, if the second meeting is in person, that there is a virtual component every single September 26, 2023 Page 84 time there's a NIM. MR. BOSI: Yes. CHAIRMAN LoCASTRO: I just will add clarification, and maybe Commissioner Hall and Commissioner Kowal are going to piggyback on this as well, or they have even a better comment that would add to it. But I'll say again, I don't -- unless I'm misinterpreting the wordage here, I don't like that just -- this implies that the petitioner can decide if the NIM was successful or not. I think a petitioner can say, it was a 15-minute NIM, everybody was screaming and yelling, boom, mission accomplished, check, and we've had a few of those before. I'd like to see more latitude in here. And if it's in here, then maybe it just needs to be highlighted with a little bit more clear words. But I think we have the latitude to be able to say I don't care what the petitioner said. I got enough feedback from County staff and from citizens that I -- and a couple times I think we've done that. So that would be just another piece of input. But let me hear from my colleagues here. Commissioner Hall, sir. COMMISSIONER HALL: I just have a question. If the meeting -- is there any accountability to the public if you disrupt the meeting, that you could be, you know, fiscally responsible for the next one, or is it just -- you know, in 2023 where we've seen buildings burnt down and all kinds of protests and no, really, accountability, I would hate to see us set a precedent that if you just, as a public, don't agree with something, you can go disrupt a meeting and go do it again with no accountability. I don't know. I just -- I would like -- I would not like that -- to see a strategy adopted by the public. MR. BOSI: What I could tell you, it places -- the meeting that September 26, 2023 Page 85 was disrupted and canceled, there was law enforcement, there was numbers of law enforcement at that meeting. They did not interject or interact with the -- with the unruly persons of the meeting simply because of First Amendment speech rights. They didn't want to -- they didn't want to take away their rights to free speech. So because of that, I'm not sure how much -- and I would have to turn to the County Attorney's Office -- how much from a liability standpoint or an obligat- -- a fiscal penalty would be associated with it. And I have to tell you, that was one meeting, and since then we haven't had anything close in that regards, but it was an outlier without a doubt. COMMISSIONER HALL: I understand. That's the exception and not the rule. I just -- I just wanted to bring it up. CHAIRMAN LoCASTRO: Commissioner Kowal. COMMISSIONER KOWAL: Thank you, Chairman. I'm on the lines with Commissioner LoCastro and Commissioner McDaniel and, you know, in the -- even in the very first NIM meeting, having a component of the Zoom being part of it, but the only thing I ask is -- or a question I have about that is, how do we determine that it's not going to get abused by, let's say, a special interest group or something that aren't true neighbors? Because the neighborhood information meeting is truly for the neighbors that are going to be directly affected by something that may happen in the future, you know. So how do we control or how do we know that, you know, somebody don't get on the Zoom and overwhelm it with people that really don't live in that neighborhood and, you know, they take over the meeting? I mean, I'm just -- I like the fact that people don't -- are not there all year round and they have the option to use the Zoom because they are a true neighbor and fall within the parameter of what the meeting's meant for. But how do we -- I mean, is there a way September 26, 2023 Page 86 to -- CHAIRMAN LoCASTRO: Register? COMMISSIONER KOWAL: -- register or determine that? I mean, is that something we can look into also, you know, just to make sure it's not abused, you know? MR. BOSI: Well, we could -- I mean, we can go back and look at it, but I know registration has a chilling effect at times. Some people don't like to leave their -- don't want to leave their name and number or their home address. CHAIRMAN LoCASTRO: How do we do it in here? How does Mr. Miller do it? Like, if somebody called -- somebody -- you said, oh, I have somebody on Zoom, and they're from Sheboygan, Wisconsin, and they have nothing to do with Collier County, but they just want to rant and rave for three minutes, I think, you -- they give you their name, they give you their specifics, correct? MR. MILLER: We ask for addresses and so forth on the speaker slips. Not a lot of them fill out their addresses. Some do, but not all do. When you register for Zoom, it's a complete name, address, email, phone number, and all of that's required. CHAIRMAN LoCASTRO: It's just a thought. I mean, if somebody's sitting here in the audience, like you said, you could -- we could always mandate that and say you filled out an incomplete slip. And I think Commissioner Kowal's got a great point; if somebody wanted to overwhelm the Zoom -- you know, we're trying to take out the loopholes in this but -- and also, at the same time, tighten it. Commissioner McDaniel -- I'm sorry. Commissioner Kowal, were you finished, sir? COMMISSIONER KOWAL: That's -- yeah, I just wanted to put that out there. CHAIRMAN LoCASTRO: Commissioner McDaniel. September 26, 2023 Page 87 COMMISSIONER McDANIEL: I mean, that's a good point, but on the same token, somebody that's in Sheboygan where? CHAIRMAN LoCASTRO: Wisconsin. COMMISSIONER McDANIEL: Wisconsin. Michigan. Isn't Cheboygan in Michigan? That's what I thought. CHAIRMAN LoCASTRO: Yeah, thank you. COMMISSIONER McDANIEL: But they have a right to speak as well. And I think it's up to us to go through the folks that are providing information and, as you like to say, separate the facts from -- CHAIRMAN LoCASTRO: Rumors from fact. COMMISSIONER McDANIEL: Rumors from fact. So I think we just add the component/requirement that a virtual aspect is added to the NIM, we cover the basis, whether it's one NIM, two NIMs, or five. CHAIRMAN LoCASTRO: Okay. I don't have anybody else lit up. Do you feel like you have -- do you have any questions, Mr. Bosi? MR. BOSI: I do have a question -- or a comment to make. We have -- all the NIMs that we've conducted in the time that I've been here, I haven't been made aware of one where we felt that a NIM was dominated by a special interest group. So the one thing I would say is, it has not become a -- or it hasn't been a problem in the past. Not saying that it can't be a problem in the past [sic]. One of the improvements that -- to address Commissioner LoCastro's point, could be that, you know -- and the sentence says, if the petitioner determines a NIM can't be completed due to disorderly conduct of the members of the public, we could put "the petition/staff" to make it a collaboration. And if that's the case, staff could raise a point -- if we felt there was a special interest group that was dominating a NIM, we could raise that point to the applicant as September 26, 2023 Page 88 an objection and then circulate amongst the administration and say what's the decision we should make within that type of a unique circumstance as well. CHAIRMAN LoCASTRO: I think that change would give us the latitude to be able to address that and have -- and by having it in writing, we have the backup to be able to do it and not have the applicant think we're picking on them. But, hey, by right, if the staff -- and also, too, if it was something that came to the commissioners or I had a question that constituents were raising that they thought the NIM was not valuable, the first thing I would do is go to staff, and then if we compared notes and staff agreed, wow, that sounds really bad, then, like you said, I think just the word "staff" in there is more all-encompassing, and it gives us the latitude to be able to say, you know, across the board as staff, we don't think that the NIM should have counted. Like you said, these are going to be few and far between, but I think it's important -- I'm sure we all do -- that the verbiage be correct so in those few and far between ones, we're covered. Commissioner McDaniel, sir. You're lit up. COMMISSIONER McDANIEL: Yeah. The thought -- I just wanted to put out there, again, you know, we can't catch everything, and the ultimate goal here is, is to give the opportunity for the public to speak. And just because it's called a neighborhood information meeting doesn't mean that I'm not negatively impacted because I live -- where? Sheboygan -- because I live somewhere else and drive by a particular use request, and it has a negative impact on my three-foot circle. So, I mean, just because we call them neighborhood information meetings doesn't mean that a particular zoning change or a use request change isn't going to impact a larger group. You know, if you'll recall, when I first became the September 26, 2023 Page 89 commissioner, Golden Gate Estates only had a 500-foot notice process for a use change, and in Golden Gate Estates, sometimes that's one neighbor. And so we expanded that, I think, to a half a mile, and that certainly wasn't enough, and then we actually went to a mile ring. So a use change has an impact -- a use change request has an impact on a much larger group, and by notifying more people, we actually enjoin more of the public to become participatory. So I think, with that virtual component being added in, we've got the capacity to keep the outliers at a low roar, and you can always -- you know, Troy shuts them off all the time. All you've got to do is hit the "pause" button on them, and they're no longer allowed to play. CHAIRMAN LoCASTRO: So do you think you have enough direction from us to come back with something in writing that would fulfill all those requirements of what we discussed here? MR. BOSI: Yes, Chair. CHAIRMAN LoCASTRO: Okay. I don't see anybody else lit up, so I don't think it's a vote or anything. It's just open discussion. So thank you. County Manager. Item #11E AN AGREEMENT FOR SALE AND PURCHASE WITH 1) GAREY D. HIGDON; 2) MATTHEW VANCLEAVE; 3) PEDRO JUAN PEREZ CASTRO; 4) RICHARD D. BREWER; AND 5) JOHN EDWIN ENGLISH, AS TRUSTEE OF THE JOHN EDWIN ENGLISH TRUST (ENGLISH TRUST), UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM, AT A COST NOT TO EXCEED $977,220. (DISTRICT 5) - September 26, 2023 Page 90 MOTION TO APPROVE W/PURCHASES OF CONSERVATION COLLIER LANDS BE SET/PLACED ON THE REGULAR AGENDA IN THE FUTURE BCC MEETING BY COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER LOCASTRO – APPROVED: MOTION TO WORK W/ACQUISITIONS COMMITTEE FOR THE STREAMLINE PURCHASES OF AVAILABLE PROPERTIES AND BRING BACK A PLAN AT A FUTURE BCC MEETING BY COMMISSIONER SAUNDERS; SECONDED BY COMMISSIONER MCDANIEL – APPROVED MS. PATTERSON: Commissioners, that brings us to Item 11E, which is formerly 16A7. This is a recommendation to approve an agreement for sale and purchase with, 1, Garey D. Higdon; 2, Matthew Van Cleave; 3, Pedro Juan Perez Castro; 4, Richard D. Brewer; and, 5, John Edwin English, as Trustee of the John Edwin English Trust, under the Conservation Collier Land Acquisition Program at a cost not to exceed $977,220. This item is brought to the regular agenda by Commissioner McDaniel's request, and Ms. Jaime Cook, your director of Development Review, is here to present. MS. COOK: Good morning, Commissioners. There are five properties before you today for your consideration for the purchase agreements. One of the properties, the Higdon property, was part of the Cycle 10 Active Acquisition List, which was approved by the Board in January of 2022; two properties were part of the Cycle 11A Active Acquisition List, which was approved in December of 2022; and the final two were part of the 11B list, which was approved by you on February 28th of 2023. The first property which was part of the Cycle 10 list is part of the Winchester Head Preserve. We discussed this one -- Winchester September 26, 2023 Page 91 Head briefly at the last Board meeting. But Winchester Head is primarily for floodplain storage and has been deemed by the Big Cypress Basin to be critical for floodplain storage and modeling efforts for the canals out in the Golden Gate Estates area. Approximately 65 percent of the Winchester Head area has been acquired by Conservation Collier and, in addition to the floodplain storage, it also does provide habitat for listed species, including wading birds and the Florida panther. The Higdon property itself, you can see, is in bright yellow. It is 1.59 acres and consists primarily of freshwater wetlands and is 100 percent depressional soils, which means it is capable of retaining that water for floodplain compensation and storage. The purchase price is approximately 90 -- is 90 percent of the appraised value of the property. The second preserve is part of -- the second parcel, sorry, is part of the Rivers Road Preserve. We haven't discussed this one recently before all of you, but the Rivers Road Preserve is located off of Rivers Road off of Immokalee Road east of Collier Boulevard. It is approximately 97 acres in size and does provide habitat for panther, black bear, and a variety of other listed wading bird species. It contributes to a wildlife corridor both to the north to the CREW lands as well as private preservation lands both to the east and south, as you can see in the hatched white areas of the map on the left on your screen. The property in question for this acquisition is 0.5 acres and does contain mostly exotic vegetation at this time; however, it is anticipated that it could be restored to a native cabbage palm hammock habitat. The purchase price of $52,500 was the -- 100 percent of the appraised value of the property. The third property for your consideration is part of the Gore September 26, 2023 Page 92 Preserve. We also discussed this one at the last meeting, and the Gore Preserve contributes to wildlife corridors that connect other private and public conservation lands, including the Conservation Collier North Belle Meade Preserve, the Rural Fringe Mixed-Use District sending lands, which does consist of privately owned preserves, the RLSA lands, the federally owned Florida Panther National Wildlife Refuge, and Picayune Strand State Forest to the south. The Perez Castro property is part of the Gore Preserve area. It is 1.17 acres and consists of forested/shrub wetlands. The purchase of $27,600 is 95 percent of the appraised value. And then the last two properties for your conversation today are not part of any other existing preserves; however, they are adjacent to existing preserves. The first being the Brewer property, which is four parcels, and it's a little under 15 acres of forested/shrub wetlands. This provides habitat for listed species, including wading birds and the Florida panther, but it is also unique in that it is annually used by Swallow-tailed Kite as part of their pre -- it's a pre-migratory roost habitat for them before they migrate south each year. This is adjacent to existing CREW lands directly to their west, which you can see highlighted in green. And the purchase price of $405,900 is 90 percent of the appraisal, but the CREW Land & Water Trust has committed to donating 75 -- donating $7,500 towards the purchase price of this property. And then the English Trust property is 59 acres. It's highlighted in red on this map, and it is adjacent to the Pepper Ranch Preserve out in Immokalee. It consists of mixed scrub-shrub habitats as well as wetland hardwoods. It provides habitat for listed birds, Florida panther, black bear, and it also can help provide water-quality September 26, 2023 Page 93 enhancements for Lake Trafford by filtering out sediment or other pollutants before the water reaches the lake. Again, with this purchase price, the CREW Land & Water Trust has committed to paying $5,000 of that $463,500 towards the purchase price. CHAIRMAN LoCASTRO: What was that purchase price in relation to the appraisal? MS. COOK: It was 90 percent of the appraised value of the property. So on this screen, you can see the total acreage, appraised value and purchase prices, as well as the maintenance costs. So with these five parcels, that would add 77.05 acres to the Conservation Collier lands. The appraised values was well over a million, but the purchase prices would be $977,220, taking into account the donations from CREW. With that, staff is recommending that you approve the purchase agreements and acquire the properties as part of the Conservation Collier Land Acquisition Program at a cost not to exceed $977,220. And with that, I will take any questions. CHAIRMAN LoCASTRO: I'm going to make some opening comments. I don't see anybody lit up here. First, I would say, our initiative of strongly suggesting that the appraisal price not just the default amount is working. I mean, every little bit helps. So you see the difference in the appraisal over the course of the year. That could buy us a couple more properties. The other thing I would just say, especially on the heels of our last budget, there is a misconception out there by some who sent us hundreds of emails before, during, and after the budget discussion that they believe the Conservation Collier Program -- some, not all, some -- keeps giant apartment buildings from being built; that Conservation Collier's going down U.S. 41 and Collier Boulevard, September 26, 2023 Page 94 and when they see a big wooded area that's actually owned by David Torres and it's already zoned for residential and it's going to be a bunch of houses, that some actually believe that if we made Conservation Collier smaller -- but this is a great visual of the usual type of properties. Not all. You know, we were in here just, what, a couple months ago, and there was a piece of property on Marco. We didn't buy it. But, you know, there wasn't going to be a 500-unit apartment complex on that piece of property. It was just possibly just going to be a house if somebody buys it. But the lands that are bought by Conservation Collier, more often than not, are exactly what we see here, lands that have native plants that are cross streets for -- of panthers or, you know, there's a bird population there or whatnot. And so I know in my replies to a lot of citizens that -- and actually -- I'm just looking here. I actually got an apology back from one lady who was very, very, very specific and then said, you know, I appreciate understanding the program better. And maybe we still agree to disagree, but I think this visual is a perfect example that, you know, when some citizens just say, you know, fund Conservation Collier to the max because we're turning into Miami, that's -- you know, that begs a little bit of debate. And so I appreciate the visuals. I'm glad to see that we're not paying full -- full price for these. Obviously, Commissioner McDaniel pulled this off of the consent agenda, I would expect, to talk about it, and he's lit up. So, sir, the floor is yours. COMMISSIONER McDANIEL: Yes, thank you, Chair. First of all, yes, I am the one that pulled it. And I have a suggestion that, for the foreseeable future, that all of the Conservation Collier acquisitions be topline; don't be jammed into the consent agenda. I think it's worthy of public discussion for us to have all of September 26, 2023 Page 95 these purchases topline, when I say -- above Item 16 on the consent. The rationale for pulling it was, one, to have that discussion. Number two, to have a visual because we all have asked many times about where these parcels are and how they fit into the puzzle of the target protection zones that are established of the critical lands that are to be set aside via Conservation Collier. So I -- the description that was in the item when I reviewed it was individually for each one of the pieces. And, granted, they were all in different areas, but I wanted to have that presentation so that -- so that the public had an opportunity to review that information as well. And the third is -- my third comment is -- and I didn't even realize it until we got this presentation. I serve on the CREW Land Trust Executive Committee and board of trustees that are making contributions over here to these acquisitions. Am I -- am I conflicted out? MR. KLATZKOW: Do you have a personal interest in this transaction? COMMISSIONER McDANIEL: No, sir. MR. KLATZKOW: Then no. COMMISSIONER McDANIEL: Okay. I didn't think so, but I -- I just -- so with that, I'll make a motion for approval. CHAIRMAN LoCASTRO: Okay. We have a public comment. MR. KLATZKOW: We have one registered speaker, Brad Cornell. MR. CORNELL: Good morning, Commissioners, Mr. Chair. Thank you for the opportunity to address you on this. I'm Brad Cornell here on behalf of Audubon Western Everglades and Audubon Florida and its Corkscrew Swamp Sanctuary. September 26, 2023 Page 96 I want to make two points. One is that these five properties, as you all have discussed, are really ecologically -- you know, highly ranked ecologically important properties. So I appreciate the motion. Audubon supports that motion to purchase these. They're all adjacent to existing preserves, and that's one of the criteria that are used to evaluate what's the value. We don't want to, if we can avoid it, having isolated parcels. We want them part of large preserves and the ecology of that. So these do. And I want to flag, particularly, that Brewer parcel with the Swallow-tailed Kite roost, the migratory roost, which is just super important in terms of the biology of -- this is a threatened species, and, you know, we need to do -- we can play a role and will play a role in purchasing that and assuring its protection forever. And Dick Brewer did a wonderful job of, you know, personally buying these for that purpose. So I applaud Dick. And he's now passing the baton to Conservation Collier, so thank you for grabbing that. The second thing I want to point out is that applications like these come to Conservation Collier mostly as a result of target protection area mailing strategies that are annually discussed and recommended to you-all, and then you adopt them; you approve them each year for the next cycle. So you heard Jaime Cook reference Cycle 10 and 11. The current year's cycle is Cycle 12, and that target protection area mailing has not occurred yet. It's been ready since February, and it's overdue. You-all have not had a chance to have that on your agenda. So Audubon strongly recommends that you get that on your agenda as soon as possible and approve that so that we can -- so that Conservation Collier can send out mailings to -- what it does is it sends solicitations, a letter specific to property owners in the areas that we want to buy land, like these five parcels. And without that September 26, 2023 Page 97 mailing, you don't get as many applications. People just don't know that the application process is open for Cycle 12. So if I can urge you strongly to get that on your agenda and approve that as soon as possible. Thank you very much. CHAIRMAN LoCASTRO: I know Commissioner McDaniel made a motion to approve, and one of the things that I assume is part of your motion -- and I definitely agree, and maybe my colleagues will chime in here as well -- is that purchase of Conservation Collier lands not be on the consent agenda so we always talk about it, always have a visual, always give some guidance, realize what we're doing, and it's not invisible to the public. I would second that motion. But I've got -- Commissioner Saunders just lit up. Sir. COMMISSIONER SAUNDERS: Just a couple -- CHAIRMAN LoCASTRO: Oh, you were, too? Okay. COMMISSIONER McDANIEL: Go ahead and do him, then I'll go. CHAIRMAN LoCASTRO: Go ahead, sir. COMMISSIONER SAUNDERS: Just a couple questions. What properties -- or how much property is kind of in the pipeline, if you will, in terms of where the committee's looking at? I know there's some fairly large parcels that have least been under consideration. So do you have any idea of the magnitude of what's being looked at? MS. COOK: We have, I believe, four or five properties scheduled for the 10/10 BCC meeting. The three owners on Marco are scheduled -- are tentatively scheduled for the October 24th BCC meeting. And then, at that point, that's pretty much everything that's been in the pipeline unless we move forward with Cycle 12. We have received some applications for Cycle 12 already but would like to bring those forward. September 26, 2023 Page 98 COMMISSIONER SAUNDERS: In terms of Cycle 12, do you have any idea of, again, the magnitude of what we're talking about at this point, potentially, in Cycle 12? MS. COOK: I believe right now we're looking probably at about 10 people that -- 10 parcels that have applied, but that would not include the target protection mailing area. COMMISSIONER SAUNDERS: All right. And I know we have an ordinance coming up that will deal with movement of those -- some of those funds from Conservation Collier to other uses, and I think the County Attorney is working on that. But we need to find some ways to streamline the whole Conservation Collier acquisition process. And I'd like to see if there's support from the Board to kind of direct staff to start looking at how can we make this process better because it is very cumbersome. I think it was just noted that there's some advertising -- some mailings that were scheduled to go out in February. Maybe they still will go out in February. It will just be a different year, and that's -- you know, those types of delays. We have to find a way to make this process better. And I know -- Mr. French, I don't know if you have any comments as well in terms of how to do this. But either one of you, do you have some ideas? MS. COOK: I would say that, as you-all know, this program came over to Growth Management/Community Development in May. So I believe that we would welcome the opportunities for those discussions, both with the Board as well as the manager's office, on how to improve the program or speed up the process, if that is your wishes. COMMISSIONER SAUNDERS: Well, Mr. Chairman, after this motion is voted on, I'd like to make a motion to direct our staff to work with the acquisition committee, with the County Attorney, and September 26, 2023 Page 99 let's fix this program. Because one of the things we've run into is that there was a tremendous amount of money in this program that wasn't being spent, and you see what happens. If you don't spend your allocation, sometimes it disappears. So I want to make sure that we have an effective program, one that is much more rapid in terms of getting projects evaluated and to us for acquisition. MR. FRENCH: Thank you, Commissioner Saunders. For the record, Jamie French, your deputy head for Growth Management. Commissioners, we totally agree with you. We believe that there are enhancements to the program, and with the Board's support, we'd like to initiate those. I've only had brief conversation with Mr. Cornell, but reaching out to our environmental partners and those nongovernment agencies that exist that support these conservation efforts. We believe that more visibility needs to be brought to the program. We think that there are enhancements that may -- much like everything else that needs to be improved over time, we believe it's time. And as Ms. Cook said, we've had this for four months. We look forward to the opportunity. I need to be careful for what I ask for, because I asked for this, and Jaime was volun-told that she's going to be helping us. So we appreciate the opportunity, but we think it's the right thing for the community. And we do think that it will be a better tool for you as a Board to work with the -- with your community constituents, so that you know what's in the pipeline, you know where we are. I know there was some discussion with regards to we collect so much money, but we only spend so much. And it may -- it may be staff's fault, quite honestly, that we should have done a better job at providing you with a visibility on what is in the pipeline. September 26, 2023 Page 100 And perhaps as we bring these properties forward, I don't think it harms or it hurts the transaction in saying, well, how much do you want for it? And bring that to the Board. Or perhaps even doing that assessment early on so we know for preplanning in the future how those monies are going to interact, as well as the maintenance piece; how much maintenance is actually -- because, much like construction or development, restoration is -- it's expensive as well. And so we recognize -- it depends on the way that land lies, the topography, the way it holds water, the natural sloughs, the habitat. We understand that some of those maintenance obligations may be greater on some properties than others. But, again, we believe that the Board needs full visibility on that, not that it hasn't received visibility. We just think, as always at Growth Management and under our County Manager leadership, we're going to make it better and make it improved for you. CHAIRMAN LoCASTRO: I thought I recalled at the budget meeting, when we asked, you know, what was in the pipeline -- and not future, like, what could be coming to us, but things that we've already touched -- if we bought all of it right now, what would it go for? And I remember hearing the number approximately 8 million, which I think was a number that was much smaller than I would have expected. Yes, there might be something in the pipeline that possibly could come to us that's 30 million or something like that, but I remember at the budget meeting that number being thrown around. And not that we have to confirm it now, but everything you just said, Mr. French, I think, is what we're looking for, more visibility. You know, what are we touching right now that we're about to finalize and what's it look like? What's sort of that next layer so that we have much more of a sense of urgency of either making command decisions on purchase or not. September 26, 2023 Page 101 You know, every property might not get purchased. It doesn't meet the criteria. It's not a Priority A list, you know, type property. So -- but for us to have consideration to just say yes, no, yes, no, yes, no or approved all of them, that's what we're looking for at a much more rapid pace. MR. FRENCH: Yes, sir. And, look, Commissioners, we failed to talk about even what you did in August where you authorized us to go into a negotiation on a property in Immokalee, the Williams Farm property, which we are in negotiations, and that is a giant acquisition with a great environmental benefit that we have not had the opportunity to take that to your conservation board yet -- or to your advisory committee yet. But these are -- there are a lot of moving parts to this, clearly. We're new to it. Not an excuse. But that one's less than a month old, and we're still in negotiation. But, again, these types of considerations, we need to do a better job at bringing that forward to both our budget office partners as well as this board. CHAIRMAN LoCASTRO: Okay. A lot of people lit up here. Commissioner McDaniel, followed by Commissioner Hall. COMMISSIONER McDANIEL: Yes, two things. I'd like to ask the question -- because I wasn't aware that we were sitting on a mailing for Cycle 12. For a piece of property to get to a cycle approval, it's been vetted, it's been looked at, it's been approved by our staff environmental consultants, so on and so forth? MS. COOK: Correct. And the Cycle 12 properties that we are anticipating to bring forward have recently gone to the CCLAC, so they are being scheduled for your consideration in October. COMMISSIONER McDANIEL: But the mailing for solicitations that Mr. Cornell spoke of that were -- had been -- sat upon since February, why are they -- why are we not mailing? MS. COOK: From what I understand -- and I don't know if September 26, 2023 Page 102 Amy or Dan could speak to this -- that had been put on hold prior to the transition over to Growth Management. MS. PATTERSON: Yes, sir. So we've had a lot of conversations since January about this program, the future of this program, how much we had backlogged into the pipeline, and the appropriate times to be soliciting for new properties, so we've been working our way through that in preparation for what's gone on through the summer with the Board workshops and the final resolution of the budget so that the Board can make a decision on whether they want to make -- they want to send additional mailings out. With the number of conversations that we had and the quantity of perceived backlog, there were multiple conversations about not making that worse or setting expectations that we would be able to acquire property that there potentially could be less available funding for. I think now we have -- we know the picture, and we can bring that forward and get the Board's perspective and also discuss the frequency at which we want to be dealing with these cycles as well as these mailings. COMMISSIONER McDANIEL: Okay. And in that light, I don't want this to be revenue driven. I want this to be environmentally driven, environmentally centric driven with regard to the environmental sensitivity of the properties. And if it's fully explained with the solicitation that goes out for acquisition in these Target Protection Areas, these are areas that we, the Board, have deemed to be environmentally sensitive and important. It would, to me, make sense for -- not administratively to sit on a solicitation as long as it's fully explained that it has to go through the process, it has to be appraised, it ultimately has to be approved by this board, and this board isn't going to approve an acquisition unless September 26, 2023 Page 103 the revenues are there, in fact, to go forward with it. Creating a backlog isn't -- or a need isn't really a bad thing other than -- other than -- and that may allow us, in the future, to better direct available funding. MS. PATTERSON: Sir, if I may, I think the picture of this has become clearer as we've had these conversations. But, remember, when we started these conversations, we had people coming to us saying, you promised to buy this. So that's a messaging thing on our side that I think, as we have had -- COMMISSIONER McDANIEL: Right. MS. PATTERSON: -- layering conversations, we're way more prepared to do exactly as you're explaining, but also by not setting an expectation that a mailing equals an automatic buy. COMMISSIONER McDANIEL: Yeah. Well -- and that's the -- that's an improper expectation that was put out some time ago that needs to be corrected. And I think with the revisions that Commissioner Saunders has suggested, that we can be better in our messaging to let the folks know, you happen to own land in a designated target protection zone, and should you meet these criterium, ultimately, with the Board's approval, the opportunity for the disposition of that asset is afforded to you. But not, here we are in September after a February mailing has been generated, and someone -- someone internally has chose to sit on that. My second point, and it travels right along with that, there's a serious misnomer amongst the community that there are certain lands that cannot be developed, and that really isn't correct. Property rights rein. When you own a piece of property that's got property rights on it, you have those rights. They're bequeathed to you. Now, the costs associated with the mitigation necessary to build a home in the middle of a cypress dome may be cost prohibitive, but those rights rein. You have those rights. And that's an important September 26, 2023 Page 104 fact for people to know and understand. There's a misnomer that we're buying land that can't be developed anyway. That's not correct. You can already see in that Winchester Head map that was up there earlier -- CHAIRMAN LoCASTRO: Structures. COMMISSIONER McDANIEL: -- there's homes. There's homes in that -- in that area. I'm encapsuling that right here. But -- so that's the second point that I wanted to make is the misnomer of undevelopable anyway is just, in fact that, a misnomer. It's just as a matter of cost with regard to the mitigation and getting through the permitting through the other agencies. CHAIRMAN LoCASTRO: Absolutely. Commissioner Hall, and then Commissioner Saunders, and Commissioner Kowal after that. COMMISSIONER HALL: I love the discussion. And I'd love to see the program get off of dead center. And I've probably been the one guilty up here of saying "undevelopable land," not meaning legally. I'm meaning likely wise. So I want to clarify that. I'll own that. I said it. But that's what I was meaning. As far as -- you know, has anybody seconded Commissioner Saunders' motion? COMMISSIONER McDANIEL: That was McDaniel's motion. COMMISSIONER HALL: Okay. So in that -- on that second motion, in streamlining this process, maybe the applicants can have -- can come up with their own appraisals. Maybe we can exclude comps that Conservation Collier has already provided in those other sales so that we're not creating our own market, so that the actual market is reflective of those appraisals. Maybe some maintenance concessions, depending on the price that we negotiate with those people; maybe they can take the maintenance -- initial cost in the maintenance for the next five years. September 26, 2023 Page 105 You know, we're taking these properties off of the tax rolls, so those could be some concessions, if they're willing to do that to get moved up. Paying the closing cost is a small ask, but it takes that off of the taxpayers, maybe, to get -- you know, to get these things moved forward. These are just some ideas. Throwing it forward just to consider. CHAIRMAN LoCASTRO: Okay. I mean, we do have a motion on the floor from Commissioner McDaniel, and I had seconded it, but then we got a bunch of commissioners that have lit up. So Commissioner Saunders, sir, the floor is yours, and then Commissioner Kowal. COMMISSIONER SAUNDERS: Yeah. We're sort of mixing in the going-forward issue dealing with mixing the ordinance. Are we permitted and have we been purchasing environmental easements as opposed to fee simple? MS. COOK: I believe they've all been done in fee simple. COMMISSIONER SAUNDERS: Okay. The reason I asked that question -- I knew what the answer was, but we should be purchasing, wherever possible, environmental easements. So, for example, if some of the farmlands that might be lands that could be -- that have some environmental benefit, there's no reason why we wouldn't purchase environmental easements so that we take the development rights away from the property; the property owner can continue to farm it. So I think we need to be more creative in terms of how we meet some of these environmental goals. You know, the property owner may want to retain a piece of property just for hunting and recreation but may be willing to sell whatever development rights they have. So we may be able to accomplish a lot of these environmental benefits by buying environmental easements, buying the development rights, and having September 26, 2023 Page 106 environmental easements on property at a much lower cost than fee simple. So that's part of what I would like to see as we develop this new or different approach. COMMISSIONER McDANIEL: I like it. MS. COOK: Speaking to both your point and Commissioner Hall's point, we've had some of these similar discussions. For example, the "What do you want for your property?" as part of the initial application. So I think at our next meeting, as we come forward with some more of these and the TPMA mailings and the Cycle 12 Active Acquisition List, we can present some of those ideas to you. CHAIRMAN LoCASTRO: Great. Okay. I mean, just to clarify, too, the motion's just to buy these properties, but a lot of good improvements that are being fed to you-all as you continue bringing these properties to us in the future. Commissioner Kowal. COMMISSIONER KOWAL: Thank you, Chair. Yeah, I'm just going to go back to Commissioner Saunders about the mailing and getting to that. I mean, I look at it, just from my little bit of research I did leading in today, and with staff's help, you know, I saw that particular property, the River [sic] Road property, and it's very distinct that there's a hole in that doughnut. And I hate to bring it back up, doughnuts, with the Dunkin' Donuts thing, but there's a definite hole in the doughnut. And, you know, maybe with the mailing, we'd be more strategic and more laser focused on particular properties because this is -- River Road is already open to the public. It's being used. There's walking trails. There's stuff like that already on this particular preserve. And you have this big hole in the doughnut there. So I think, you know, let's be more proficient and more laser focused on, you September 26, 2023 Page 107 know, putting our efforts towards let's close some of these holes in these doughnuts, you know, because then we have something we can actually look at and say -- and the people can look at and say, look, that's all preserve. This is great. You know, it's usable. We're using it, you know, things like that, instead of just a shotgun effect and hoping people participate. But, you know, I think that might be -- in the future, start looking at a more and more and more laser-focused mailing to certain properties to, you know, really let them know the importance of closing these holes in these doughnuts, so... And Commissioner Saunders said something there that -- maybe I can get some more insight on this buying the rights to development. COMMISSIONER McDANIEL: That's a great thing. COMMISSIONER KOWAL: And does that also -- it doesn't alleviate the person -- if he wants to buy whatever, 100 acres in some area that he wants to hunt on and leave it in some, you know, environmentally protected type condition, but he still owns it and he still pays taxes on it, but we basically lock that for the rest of its life cycle to remain some site. Is that what you -- COMMISSIONER SAUNDERS: That's exactly correct, and that's what the state is doing in a significant amount is purchasing those development rights and are recording an environmental easement. Those easements are fully enforceable. And so that's just another tool to accomplish the same result, which is to keep land in preserve but at a much less cost. Now, I don't know what kind of taxes you would generate after you get an environmental easement on a piece of property because there's really not much value left in it. COMMISSIONER KOWAL: Well, we wouldn't own it. COMMISSIONER SAUNDERS: We would not own it, no. COMMISSIONER KOWAL: The person would still own it, and he still has some obligation. September 26, 2023 Page 108 COMMISSIONER SAUNDERS: Yes, and we could -- and those types of easements, the county -- you know, if it's required that the county, to require that easement, has to maintain some of the exotics and that sort of thing, that's all part of a negotiation with the property owner. But it's generally a lot less costly than fee simple, and that's just another -- just another tool that we should be using. CHAIRMAN LoCASTRO: Yeah. I mean, how great it would be to have a valuable property out there and buy the -- buy the building rights at a much less cost and even have the owner to agree to maintain it, so we don't even have the maintenance cost, how many more properties we could buy or how much better we could utilize the Conservation Collier budget. And I bet you, too, we could blow through these properties in much -- with much more sense of urgency. Commissioner McDaniel, sir. COMMISSIONER McDANIEL: And it almost typifies what's going on in the Rural Lands Stewardship Overlay. Voluntarily, property owners are setting aside the more environmentally sensitive lands and transferring those development rights, with incentives, to less environmentally sensitive lands. And we learned that agriculture and agricultural uses do coincide with the environment. The animals use those environments as well, farming, cattle, hunting, so on and so forth. So those -- and that answer of buying those easements in lieu of fee simple is a great tool for the toolbox. CHAIRMAN LoCASTRO: Okay. So I have a motion to -- by Commissioner McDaniel to approve the five purchase agreements and acquire these properties as part of the Conservation Collier Land Acquisition Program at a cost not to exceed $977,220. I have a second by Commissioner LoCastro. All in favor? COMMISSIONER HALL: Aye. September 26, 2023 Page 109 COMMISSIONER McDANIEL: Aye. CHAIRMAN LoCASTRO: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN LoCASTRO: Opposed? (No response.) CHAIRMAN LoCASTRO: It passes unanimously. COMMISSIONER SAUNDERS: Mr. Chairman, I'll go ahead and make that -- just a motion so that we're official in terms of directing staff to evaluate the existing program, come back with improvements to the ordinance, work with the committee, work with the Commission, with some -- with some emphasis on -- or at least an addition of the authority to negotiate easements instead of just simply fee simple acquisition. COMMISSIONER McDANIEL: I think all -- second. CHAIRMAN LoCASTRO: Okay. I've got a motion by Commissioner Saunders and a second by Commissioner McDaniel to aggressively pursue those improvements and bring us back a plan. All in favor? COMMISSIONER HALL: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN LoCASTRO: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN LoCASTRO: Opposed? (No response.) CHAIRMAN LoCASTRO: It passes unanimously. MS. COOK: Thank you. MR. FRENCH: Thank you. CHAIRMAN LoCASTRO: Okay. County Manager, next? MS. PATTERSON: Item 15 is staff and commission general September 26, 2023 Page 110 communications. Item #15A PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA BY INDIVIDUALS NOT ALREADY HEARD DURING PREVIOUS PUBLIC COMMENTS IN THIS MEETING Item 15A, public comments on general topics not on the current or future agenda by individuals not already heard during previous public comments in this meeting. MR. MILLER: We have no one, sir. Item #15B STAFF PROJECT UPDATES MS. PATTERSON: Item 15B, staff project updates. While we don't have any officially on the list, we can invite Jaime Cook up to give you an update on your favorite topic, rock crushing. CHAIRMAN LoCASTRO: Well, she got some good -- COMMISSIONER McDANIEL: Really? CHAIRMAN LoCASTRO: We gave her some homework assignments, and she pursued the homework assignments. So I asked her to give us an update. MS. COOK: I try to deliver. Again, Jaime Cook, your director of Development Review. I spoke with the property owner on -- last Friday. Both he and the contractor believe that the crushing will -- the crushing activities will be done next Friday, on October 6th. September 26, 2023 Page 111 They will still need to leave -- so they will remove the crusher from the site at that point. They will still need to leave at least one of the densifiers on-site to help crush up the metal, the rebar, and some of the other construction debris so that they can put it into the dumpsters before they haul it offsite if they don't crush it before. That leaves a lot of open space in that dumpster that then becomes unusable. They have actually started spreading some of the material that's on-site. And they -- again, they did have a Water Management District permit through State for the Environmental Resource Permit. So they are still having to comply with some of the requirements of that permit, one of which being the berms around the preserve, which is interior to the property and behind the Firano development. The Water Management District has required them to raise the berms around that preserve. So they have been authorized by the district to use some of this fill material that they've crushed to raise those berms. So they will still be doing some minor site work, finishing up the lakes and doing those berms after next Friday, but the crushing is expected to be done by next Friday. CHAIRMAN LoCASTRO: My only concern with the berms -- and it would just be more of our observation -- is if it's a lot of crushed material, during heavy wind or whatnot, it becomes powder that blows around. I mean -- and that happens with any berm, berms we put on the beach. The problem is, where I think they're talking about the berms, you've got the Boys and Girls Club sort of right over there. It's not just Firano. So I guess we'll monitor that closely. I know you guys are out there regularly. I go by there quite a bit, and I've seen the improvement. But if it was something where the berms were going to fulfill one requirement but it was going to create another problem, which was dust and sediment to the houses and Boys and Girls Club, September 26, 2023 Page 112 you know, we want to monitor that closely because they're not going to be able to wet it down 24 hours a day, the way you do when you don't want to see a lot of dust. These would be berms that would be, basically, permanent, but using crushed rock to do it. So what are your thoughts on that, Jaime? MS. COOK: Correct, and they will also have to be sodded as part of that permit. CHAIRMAN LoCASTRO: Okay. Oh, there you go. MS. COOK: So there will be controls for it. CHAIRMAN LoCASTRO: But sod growing in crushed rock's probably -- but it's going to be a combination, I'm sure. We'll just -- we'll monitor that closely, you know. You and I and others have been out there visually. If we see something that we don't see like or if I hear from, you know, citizens, I'm sure, you know, we'll speak. But, unless the commissioners have any objection, I think we're headed in a positive direction. Let's make sure that -- I understand what you said in my office yesterday is the crusher would be gone, and that's a big piece of equipment, so seeing that gone -- the other pieces of equipment are obvious, because they're removing the rebar, but weaning them off of those pieces of equipment, making -- MS. COOK: Correct. CHAIRMAN LoCASTRO: -- sure it's clear to them that October 6th, we see a big muscle movement. But then, you know, setting some sort of timeline or dates, even that you just set with the contractor that make sense. I don't think you need to run in here every time and say, you know, one more piece of equipment. Is it the 10th? Is it the 11th? You know what the expectation is, to slowly get all of that equipment gone. And I've already said to the citizens there, when the last piece of equipment is gone, you're still going to see a truck. You're still September 26, 2023 Page 113 going to see exotics being removed. There's still work to be done on any piece of property, but the big moving parts, the big muscle movements by the 6th and soon thereafter, should be slowly disappearing. And then once they start -- and you said they already have -- start to spread that crushed rock, that lot starts to look more aesthetically, you know, acceptable, I guess. So keep us posted, and, you know, I'm sure you and I will talk. I don't see any of the commissioners lit up. That was just basically an update. Thank you. County Manager, any other updates? Item #15C STAFF AND COMMISION GENERAL COMMUNICATIONS MS. PATTERSON: Yep. So we're to Item 15C, staff and Commission general communications. Just a reminder, we do have our upcoming workshop next Tuesday. This is regarding insourcing, outsourcing ring, contracting, consulting, CEI. These are the topics that we've been pretty regularly talking about here, the things that we hire out for, the things we do in-house. Each group is a little bit different, so we'll be prepared to discuss that with you. COMMISSIONER SAUNDERS: Mr. Chairman, if I may. CHAIRMAN LoCASTRO: Yes, sir, go ahead. COMMISSIONER SAUNDERS: On that, the Productivity Committee would like to make a report on some of their activities that will mesh very well with that discussion. At the end of the meeting, let me give you one of the committee member's names and phone number. She's putting together a little report, and I think your involvement with her would be very helpful. September 26, 2023 Page 114 MS. PATTERSON: Okay. Absolutely. No problem. One other item, I received some communication from the David Lawrence Center regarding their upcoming participation with AHCA for the LIPP program because of their status as a central receiving facility. So, statutorily, they need us to fill out a questionnaire and sign a nonbinding letter of agreement, and this is relative to money going up to the State to be leveraged, then, for federal dollars back. Unfortunately, that has to be done by September 30th. So we have conferred with AHCA. This is a nonbinding letter, and they don't need your action on it now. I can fill the forms out and sign, and then we're planning on being back to you the first meeting in October. We can ratify that because we're going to need to have a conversation about the funding that goes along with this. I just wanted to advise the Board of that process. Otherwise, if we haven't submitted those on behalf of the county to David Lawrence, they will not be eligible to participate. CHAIRMAN LoCASTRO: Commissioner Saunders. COMMISSIONER SAUNDERS: My understanding from that program is that if there's a commitment of dollars from Collier County to David Lawrence Center, the question is, is that a -- not to use the best of words -- is that a gift to David Lawrence Center, or do we get those dollars back? Because typically we would get those dollars back. MS. PATTERSON: They're used to leverage dollars coming back to David Lawrence. So the way this is being -- and this is what we're going to be coming back to you in October to discuss. We don't want to close the door by not filling out these questionnaires and agreements but, also, we don't want to be bound by our understanding of the situation as it stands as well as how this plays into both the funding for the current facility as well as moving forward with the larger. September 26, 2023 Page 115 COMMISSIONER SAUNDERS: Do you have any idea how much money is going to be involved in that transfer? MS. PATTERSON: Five hundred sixty-eight thousand dollars for this one, but there's a -- obviously, that number grows as the facility gets larger and as we move towards the construction of the central receiving facility. COMMISSIONER SAUNDERS: Just one last question: What is the markup when it comes back from Washington? What's the magic increase? MS. PATTERSON: They had indicated to us -- and we'll be verifying these numbers -- that the money comes back will be about double that or maybe a little bit better. COMMISSIONER SAUNDERS: Thank you. MS. PATTERSON: Mr. Rodriguez does have an update on beach parking as well. MR. RODRIGUEZ: Good afternoon, Commissioners. Dan Rodriguez, your Deputy County Manager. We've actually had some successful meetings with the city, as we mentioned to you during our one-on-ones. And they did go to their council members through a workshop. And they've agreed, tentatively, to extend the beach permit process for the next year and keep the rate at the $1.5 million. They did ask for the county's support in taking some operational costs and capital improvements for beach access to the TDC as well as spending this next year to really look at the expenses associated with the beach access and also participation rates for the city and the county, so that, coming to you in the future with future extensions, probably a more sound method for allocating taxpayer funds. And there were some -- if you get a chance, there were some very positive comments from the council members there who spoke, that the city residents are county residents. September 26, 2023 Page 116 And kudos to Jay Boodheshwar, the city manager there, in that he was very collaborative. They had their key positions, but at the end, we all worked as a team. So it speaks volumes to the coordination. And I believe also that the work done by the county government, your county manager, as well as emergency services during that trying time of Hurricane Ian helped to kind of bridge relationships there, letting them know that we are there to support the city when we need to, and they're there to support us and our residents on these very important issues. And, additionally, unless there's any objections, the County Manager's going to administratively approve the extension, and we'll bring that back to you on the 10th for official improvement. MS. PATTERSON: That's all we have. County Attorney? MR. KLATZKOW: Nothing, thank you. MS. PATTERSON: Commissioners. CHAIRMAN LoCASTRO: Okay. I'll start at the opposite end this time. Commissioner Hall, sir, final comments? COMMISSIONER HALL: Yes. I'd like to -- you know, we talked about -- the other night about bringing a third party in to take a deep dive into the county operations. I don't know procedurally what has to happen, if I need to make a motion and have that done. I've had some conversation with the Productivity Committee to see if they would be willing to help participate in locating some -- three or four different companies as options with, you know, what their plans are, what their costs are, what their time frames are, et cetera, et cetera. And since we just have a chance here to talk together, I didn't know -- I didn't know what needed to be done to move forward. COMMISSIONER SAUNDERS: Can I make a comment in September 26, 2023 Page 117 reference to the Productivity Committee? CHAIRMAN LoCASTRO: Yes, sir. COMMISSIONER SAUNDERS: That's really not in their wheelhouse. I mean, they're volunteers that are really doing a great job in terms of looking at different aspects of the budget. Just as an example, right now they're looking at our outsourcing of engineering. They made a great number of recommendations on how to improve some of the park and recreation operations. But to ask them to start digging into finding consultants, I think that -- I think, really, just our staff would be much better at that because these folks are pretty busy to begin with. COMMISSIONER HALL: Okay. I mean, I'm listening but, you know the old adage, you never ask an insurance salesman if you need insurance. I've got some sources coming in with some work using a process that would be providing that information to the Productivity Committee. That was the conversation that I had. I've only had one. But, no, I understand that that's not in their wheelhouse. I didn't know if they could bring those companies to us as a recommendation or if we could, you know -- I don't mind having staff look into that, but I'd prefer outside -- to keep it outside. COMMISSIONER SAUNDERS: We are going to have a representative of the committee at our workshop on October 3rd, and I'll get ahold of her and see if she can talk to -- just give that some thought without violating the Sunshine Law. She has to be a little careful. COMMISSIONER HALL: Mr. Magel is who I had the conversation with. COMMISSIONER SAUNDERS: Yes, yes. And I'll talk to Mr. Magel as well and see what they think about that, and... MS. PATTERSON: Commissioners, if I may, the choice to September 26, 2023 Page 118 bring an outside consultant or not is purely up to you, and we use outside consultants for a lot of different things, which we'll be talking about on Tuesday, coincidentally; however, we do have to consider the procurement ramifications for whatever we choose. So within certain thresholds, we have more flexibility. When you get into more detailed or elaborate processes, we will have to utilize a different procurement method. So we just want to probably think through those. What we can do is we can collect our thoughts here before the next meeting and be prepared even -- (Recording stopped.) MS. PATTERSON: -- be prepared to have a conversation about that because, of course, we don't want to enter into a type of procurement that's actually going to delay us to the point that it's not effective for this process. We're really looking to kick this off here pretty quickly, and as we move towards the end of this year and the beginning of next year, be prepared to have a very productive conversation with you before the setting of any kind of budget policy. COMMISSIONER HALL: I just want to get the ball rolling. COMMISSIONER McDANIEL: Yeah. CHAIRMAN LoCASTRO: Commissioner McDaniel? COMMISSIONER McDANIEL: Yes. Well, then, on that note, why don't you work with our staff, with our county manager, and find out the most expeditious path for us to travel and then give us an update next Tuesday when we're together in a workshop -- we're not going to vote on anything then, but we can certainly have an update on the process because, again, if we go into an RFP process -- whoa, it's not going to be good. So there are other ways for us to travel to get there, other contractual arrangements that are out there that may be able to be September 26, 2023 Page 119 utilized to be able to move us forward with a selection of somebody to help us with that. And I just want to say thank you to the County Manager and the Deputy County Manager and -- with regard to the interlocal agreement with the City of Naples. Commissioner Saunders tasked me with that, and then I ran into a wall, but we got through it and we brought to light a lot of circumstances with regard to our county's utilization of our beaches and clarity coming from the City of Naples with how they're spending the money, what they're spending the money on, and so on. So really, the accolades go to our county manager and deputy county manager for formalizing that agreement and moving over into some further discussions over in the TDC, the Tourist Development Council, with regard to future expenditures. So thank you. MS. PATTERSON: Thank you. CHAIRMAN LoCASTRO: Commissioner Kowal. COMMISSIONER KOWAL: Thank you, Chairman. Well, I'd like to just revisit how, at the very beginning of this meeting, thanking the staff and Mr. Finn on -- for what we put you guys through last Thursday. I know Mr. Finn had said they ran. When he woke up on Thursday, he was probably thinking, well, we ran all those models. We got it down to a certain amount of time, you know, and when we're finally given the football and we've got to go run to the goal line -- but I can almost guarantee that he didn't run that model that we handed him sometime after midnight on Thursday. And the tasks they were given and how they completed it in a timely fashion, I have to commend them and thank the staff and Mr. Finn and his staff on what they accomplished. They were given a mission, and they brought it to fruition, and we had the opportunity to vote on it. September 26, 2023 Page 120 And I will be addressing the City of Naples, the mayor, and their council, I think, next Wednesday or two Wednesdays from now. So, Mr. Rodriguez, if you could definitely get me some information on where we're at with that, the parking and the beach stuff, because it seems like that's always the topic I always end up talking about when I'm there, giving them the status of the county and what we're doing and working in partnership, so -- But I think we had a pretty productive meeting today, and I think, once again, we got ideas out there, and we all raise our eyebrows and look at each other and say, huh, I didn't think of that, but let's see what we can do with it. So thank you. COMMISSIONER SAUNDERS: Well, I will tag on a little bit to what Commissioner Kowal has said. The most amazing thing about that workshop -- or that hearing was that, really, nobody got mad. We had a lot of disagreement on some very big issues, and -- but it never got heated. It was all a very professional conversation, and I think that says a lot about our staff. It says a lot about the Commission, but also the public. The public was -- they, perhaps, didn't agree with everything that happened, but everybody was very cordial and worked together professionally. But you're right, Commissioner Kowal; our staff really rose to the task. But what's amazing about our staff is that Thursday was not the only time that they've had to spend a lot of extra hours. I think if you call the county at 7:00 or 8:00 on any day during the week, I think Mr. Finn is probably at his desk, or at least he's somewhere with his computer, and hopefully he'll get a little bit of rest. But that goes for everybody on our staff that worked so hard on that. It was job well done, and I think everybody handled it well. CHAIRMAN LoCASTRO: Yeah. And I'll just close by saying, the reason why all five commissioners wanted to bring Mr. Finn and his group up here was because a lot of times, like I said, September 26, 2023 Page 121 it's the people behind the scenes that never get seen that are doing a lot of the heavy lifting, and so it truly is a team effort. It's never one commissioner. It's never one person. It's never one department. You know, we all move forward. You know the old adage, a rising tide lifts all boats, and I think, you know, we're starting to see a lot of that. And, you know, to Commissioner Saunders' point, at a time -- and we sort of have talked about this informally, you know, sometimes when we're grabbing a cup of coffee, it's disappointing to see even groups of elected bodies even close to this county, maybe even in this county, but certainly across the nation, that are struggling to show professionalism and work closely together. I'm really -- I think we're all proud of how we do it here even when we agree to disagree. We can be disagreeable and we can -- we can voice those concerns, but, you know, once we get outside this building, I think the real strength of -- and when I say the Collier County Commission, I really mean the entire Collier County team -- is that on the outside, it's one decision, one voice. We look professional. And if we stray, we talk to each other, but then, you know, we get back in the same lane, and not a lot of elected bodies are doing that right now across the country. So I can only say I'm really personally proud of this group and the team that's not even in this room, that's in this building, that's doing so much to support all of us. I did make some notes on -- you know, we've touched on it here. I had written the county operations analysis, basically, as we're talking about. So maybe next Tuesday would be a time to continue that discussion. None of us want to see it die on the vine. I think it's more than just a consultant. I think you have expertise up here, and we all sort of voice different possibilities of diving into a different department. And, you know, we don't want too many cooks in the kitchen, September 26, 2023 Page 122 that's for sure. But there might be something that we can all brainstorm, and I think we're all sitting here burning some brain cells on what we could probably bring to Tuesday's meeting as maybe taking the next step forward and not letting anything die on the vine. Ms. Patterson and I talked about yesterday -- and we're getting a lot of questions about the surtax that's going to sunset at the end of this calendar year. At some point, we need to start talking about that or deciding we're not. But we have the City of Marco, I think, that either has sent us a letter or is about to, and Ms. Patterson mentioned that we might shake the trees a little from some outsiders just to see if anybody wants to give us some input, but I just -- I don't think we want to be oblivious to it and then watch -- you know, and miss a window. And I'm not being -- taking a side one way or another as to I think it should be put back on the ballot and voted for or it shouldn't be, but I just don't think we should be, you know, oblivious to it and then find out that maybe we could have had more aggressive talks to either continue it or at least give it that opportunity, or not. But it's definitely a data point. Did you want to say something, Ms. Patterson? MS. PATTERSON: Yes, Chair. To your point is we have had questions from some of our other governmental partners about the future of the surtax. So what we're trying to avoid is if you have a number of these send a letter or make their intentions clear that the surtax is important to them, we want the Board to have adequate visibility on that to make a decision so that it isn't that, you know, we get to a point in time where it's too late and then it appears that, you know, we didn't have the conversation early enough. And that was to your point, Chair. So we have committed to talking to those groups that have come to us to talk about this, and no -- no putting the Board into any kind of position of a yes or a no but simply just collecting those opinions September 26, 2023 Page 123 and then being able to provide that to the Board so that they can -- they can decide kind of the future. Maybe it's yes, maybe it's no, maybe it's in a couple of years, but at least that way you kind of have a pulse on those that have been -- either have been recipients of the surtax or expressed their interest in being included, if possible, in a future surtax. CHAIRMAN LoCASTRO: I also wanted to thank all the people from the arts community that not only came today but sent us so many emails speaking with great passion and sincerity. Without a doubt, we unanimously up here, with no reservation, voted on a -- on a full funding; however, with plenty of conversation, very valuable conversation, I think we certainly have sent a message that, you know, we want to make sure that we're continuing to blow the dust off of things and things are being documented and justified and that we may be -- we have a better chance to maybe spread the wealth around over the years than just writing a bunch of blank checks. So I think that was very valuable conversation, and we look for Mr. Beirnes to be bringing us improvement to that part as well. And then, lastly, just for the record, so we had some scientists down in the basement check. There are two Sheboygan locations. One in Wisconsin and one in Michigan. It's true. COMMISSIONER McDANIEL: They're spelled different. CHAIRMAN LoCASTRO: They are spelled different, they are, but they sound the same, right, Mr. Rodriguez? Mr. Rodriguez doesn't have a lot to do over there, so he was -- I don't want to say he was the expert, but -- COMMISSIONER McDANIEL: I had him leaning. I had him leaning. MR. RODRIGUEZ: Being a former Michigander, I take great pride in being -- (Simultaneous crosstalk.) September 26, 2023 Page 124 COMMISSIONER McDANIEL: And for the record, Terri can just write a bunch of -- "everybody talking at the same time" can go into the -- CHAIRMAN LoCASTRO: No, the only thing I would like on the record, there are two Sheboygan cities in Michigan and Wisconsin, and that was confirmed for today's meeting. But having said that, unless -- anybody else? (No response.) CHAIRMAN LoCASTRO: It was a great meeting. A lot of great things happened here today. Thank you very much, you-all, and we're adjourned. ***** ****Commissioner McDaniel moved, seconded by Commissioner Saunders, and carried that the following items under the consent and summary agendas be approved and/or adopted**** Item #16A1 - Moved to Item #11D (Per Agenda Change Sheet) Item #16A2 FINAL ACCEPTANCE OF THE POTABLE WATER AND SEWER FACILITIES, AND ACCEPT THE CONVEYANCE OF THE SEWER FACILITIES FOR DESTINY CHURCH, PL20230007154 – A FINAL INSPECTION BY STAFF FOUND THESE FACILITIES TO BE SATISFACTORY AND ACCEPTABLE ON JULY 14, 2023 Item #16A3 September 26, 2023 Page 125 FINAL ACCEPTANCE OF THE POTABLE WATER AND SEWER UTILITY FACILITIES FOR LAMBORGHINI OF NAPLES, PL20230011798 – A FINAL INSPECTION BY STAFF FOUND THESE FACILITIES TO BE SATISFACTORY AND ACCEPTABLE ON AUGUST 3, 2023 Item #16A4 FINAL ACCEPTANCE OF THE SEWER UTILITY FACILITIES AND ACCEPT THE CONVEYANCE OF A PORTION OF THE SEWER FACILITIES FOR PINE STREET STORAGE WAREHOUSE, PL20230011735 – A FINAL INSPECTION BY STAFF FOUND THESE FACILITIES TO BE SATISFACTORY AND ACCEPTABLE ON AUGUST 1, 2023 Item #16A5 THE CLERK OF COURTS TO RELEASE A PERFORMANCE BOND IN THE AMOUNT OF $23,560, WHICH WAS POSTED AS A DEVELOPMENT GUARANTY FOR AN EARLY WORK AUTHORIZATION (EWA) FOR WORK ASSOCIATED WITH PALISADES, PL20220000268 Item #16A6 THE RELEASE OF A CODE ENFORCEMENT LIEN WITH AN ACCRUED VALUE OF $78,600 FOR PAYMENT OF $27,913 IN THE CODE ENFORCEMENT ACTION TITLED BOARD OF COUNTY COMMISSIONERS V. RCS HOLDINGS LLC., IN CODE ENFORCEMENT BOARD CASE NO. CEPM20190007369 RELATING TO PROPERTY LOCATED AT 7143 MARCONI CT., September 26, 2023 Page 126 COLLIER COUNTY, FLORIDA Item #16A7 – Moved to Item #11E (Per Agenda Change Sheet) Item #16A8 THE CLOSURE OF SOUTHBAY DRIVE BY STOCK DEVELOPMENT, THE DEVELOPER OF THE RITZ CARLTON RESIDENCES WITHIN THE ONE NAPLES PLANNED UNIT DEVELOPMENT Item #16B1 ACCEPT THE MARCO ISLAND LOOP TRAIL FEASIBILITY STUDY CONDUCTED BY FLORIDA DEPARTMENT OF TRANSPORTATION – THE STUDY WAS PRESENTED TO THE MPO ON JUNE 9, 2023 Item #16B2 AGREEMENT FOR THE ACQUISITION OF A TEMPORARY CONSTRUCTION EASEMENT (PARCEL 102TCE) REQUIRED FOR CONSTRUCTION OF THE VANDERBILT BEACH ROAD (US-41 TO GOODLETTE-FRANK ROAD) PROJECT (PROJECT NO. 60199). ESTIMATED FISCAL IMPACT: $54,108 Item #16B3 THE SELECTION COMMITTEE’S RANKING AND AUTHORIZE STAFF TO BEGIN CONTRACT NEGOTIATIONS WITH THE TOP-RANKED FIRM, JOHNSON ENGINEERING, INC., September 26, 2023 Page 127 CONCERNING REQUEST FOR PROFESSIONAL SERVICES (“RPS”) NO. 23-8082, “CEI SERVICES FOR VANDERBILT BEACH ROAD WIDENING,” SO THAT STAFF CAN BRING A PROPOSED AGREEMENT BACK FOR THE BOARD’S CONSIDERATION AT A FUTURE MEETING. (PROJECT 60199) Item #16B4 AWARD INVITATION TO BID ("ITB") NO. 23-8134, "PURCHASE AND DELIVERY OF LIME ROCK (DOUBLE CRUSHED)," TO QUALITY ENTERPRISES USA, INC., J & Y GROUP ENTERPRISES LLC., GREEN DREAM INTERNATIONAL LLC., GRIPPO PAVEMENT MAINTENANCE INC., AND AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED AGREEMENTS Item #16B5 THE SELECTION COMMITTEE’S RANKING AND AUTHORIZE STAFF TO BEGIN CONTRACT NEGOTIATIONS WITH THE TOP-RANKED FIRM, ATKINS NORTH AMERICA, INC., RELATED TO REQUEST FOR PROFESSIONAL SERVICES (“RPS”) NO. 23-8071, “DESIGN SERVICES FOR BRIDGES WITHIN THE GOLDEN GATE ESTATES,” SO STAFF CAN BRING A PROPOSED AGREEMENT BACK FOR THE BOARD’S CONSIDERATION AT A FUTURE MEETING. (PROJECT 60212) Item #16B6 AFTER-THE-FACT CHANGE ORDER NO. 1 TO AGREEMENT NO. 23-8111, “COLLIER COUNTY EMERGENCY BERM September 26, 2023 Page 128 TRUCK HAUL AND CONSTRUCTION - REACH A”, WITH PHILLIPS AND JORDAN, INC., TO INCREASE THE CONTRACT AMOUNT FROM $6,723,041.50 TO $6,771,654.62 TO ADJUST THE QUANTITY OF SAND; TO RATIFY ADMINISTRATIVE CHANGE ORDER NO. 1 TO AGREEMENT NO. 23-8111, “COLLIER COUNTY EMERGENCY BERM TRUCK HAUL AND CONSTRUCTION - REACH B”, WITH EARTH TECH ENTERPRISES, INC., FOR SAND REDISTRIBUTION; APPROVE PAYMENT OF PAY APPLICATIONS NO. 1 FOR BOTH CONTRACTORS; AND MAKE A FINDING THAT THIS EXPENDITURE PROMOTES TOURISM. (FEMA FUND 1813, HURRICANE IAN PROJECT NO. 50280) Item #16B7 RESOLUTION 2023-167: THE CHAIRMAN TO SIGN A SUPPLEMENTAL AGREEMENT TO THE LOCAL AGENCY PROGRAM (LAP) AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) TO INCREASE THE GRANT AWARD FROM $611,727 TO $851,727 FOR CONSTRUCTION OF A FIVE-FOOT SIDEWALK ON THE EAST SIDE OF VANDERBILT DRIVE FROM VANDERBILT BEACH ROAD TO 109TH AVENUE NORTH; TO ADOPT THE ACCOMPANYING RESOLUTION FORMALLY APPROVING AND AUTHORIZING ITS CHAIRMAN TO EXECUTE SAME ON BEHALF OF THE BOARD; AND TO AUTHORIZE THE NECESSARY BUDGET AMENDMENTS, FPN 438092-2-58-01. (PROJECT 60255, FUND 1841) Item #16B8 September 26, 2023 Page 129 BUDGET AMENDMENT TO RECOGNIZE REVENUE AND TRANSFER FUNDING FOR PROJECTS WITHIN THE TRANSPORTATION SUPPORTED GAS TAX FUND (3083) AND TRANSPORTATION & CDES CAPITAL FUND (3081) IN THE AMOUNT OF $727,879.63. (PROJECTS 60085, 60066, 60088, 69331, 69333, 69338 AND 69340) Item #16B9 TOURIST DEVELOPMENT COUNCIL GRANT APPLICATION REQUESTS FROM THE CITY OF NAPLES, THE CITY OF MARCO ISLAND AND COLLIER COUNTY FOR FY 2023-2024 IN THE AMOUNT OF $13,867,200, BUDGET THESE EXPENDITURES, AUTHORIZE THE CHAIRMAN TO EXECUTE AN AGREEMENT WITH THE CITY OF NAPLES, AND MAKE A FINDING THAT THESE EXPENDITURES PROMOTE TOURISM Item #16C1 EXPENDITURES UNDER BOARD APPROVED STANDARDIZATION OF GOODS, AND ACCEPT SINGLE- SOURCE WAIVERS, FOR THE PURCHASE OF SPECIALIZED PROPRIETARY EQUIPMENT AND SERVICES NEEDED TO ESTABLISH, REPAIR, AND MAINTAIN OPERATIONS AT WATER AND WASTEWATER PLANTS, PUMP STATIONS, AND WASTEWATER COLLECTION SYSTEM TO MEET DEMAND AND MAINTAIN COMPLIANCE. (NOT TO EXCEED $6,000,000 ANNUAL SPENDING FOR 1 YEAR FROM CCWSD FUNDS (4008, 4012, 4014)) (THIS ITEM IS A COMPANION ITEM 16C2) September 26, 2023 Page 130 Item #16C2 EXPENDITURES UNDER SOLE AND SINGLE-SOURCE WAIVERS FOR THE PURCHASE OF SPECIALIZED PROPRIETARY EQUIPMENT AND SERVICES NEEDED TO ESTABLISH, REPAIR, AND MAINTAIN OPERATIONS AT WATER AND WASTEWATER PLANTS, PUMP STATIONS, AND WASTEWATER COLLECTION SYSTEM TO MEET DEMAND AND MAINTAIN COMPLIANCE. (NOT TO EXCEED $5,525,000 ANNUAL SPENDING FOR 1 YEAR FROM CCWSD FUNDS (4008, 4012, 4014)) (THIS ITEM IS A COMPANION ITEM 16C1) Item #16C3 RESOLUTION 2023-168: THE FY2024 FEE SCHEDULES ESTABLISHED IN THE ANNUAL RATE RESOLUTION FOR RESIDENTIAL AND COMMERCIAL COLLECTION AND DISPOSAL OF SOLID WASTE AND RECYCLING AT COLLIER COUNTY SOLID WASTE FACILITIES, INCLUDING THE LANDFILL, TRANSFER STATION, AND RECYCLING DROP- OFF CENTERS AS PRESENTED IN THE FY2024 SOLID WASTE BUDGET Item #16C4 RESOLUTION 2023- 169: A RESOLUTION SUPERSEDING AND REPLACING RESOLUTION 1998-168 RELATING TO THE SPECIAL SERVICE CHARGE ESTOPPEL LETTER FEE OF THE COLLIER COUNTY WATER-SEWER DISTRICT TO INCREASE September 26, 2023 Page 131 THE SERVICE CHANGE FOR ESTOPPEL LETTERS FROM $2 TO $25 Item #16C5 AWARD INVITATION TO BID (“ITB”) NO. 23-8122, “CHLORINATOR EQUIPMENT MAINTENANCE,” TO WATER TREATMENT AND CONTROLS TECHNOLOGY, INC., WITH AN ESTIMATED ANNUAL EXPENDITURE OF $125,000.00 DEPENDENT ON THE NUMBER OF REPAIRS REQUIRED TO MAINTAIN THE EQUIPMENT AND AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED AGREEMENT Item #16C6 EXECUTE DOCUMENTS NECESSARY FOR THE CONVEYANCE OF A UTILITY EASEMENT TO THE COLLIER COUNTY WATER-SEWER DISTRICT FOR UTILITY INFRASTRUCTURE FOR A PROJECT ON COUNTY-OWNED PROPERTY, KNOWN AS EKOS ON SANTA BARBARA, LOCATED AT 4640 SANTA BARBARA BOULEVARD Item #16D1 THE CHAIRMAN TO SIGN THE FIRST AMENDMENT BETWEEN COLLIER COUNTY AND THE SHELTER FOR ABUSED WOMEN & CHILDREN, INC., COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT CD22-02, TO INCREASE THE AMOUNT OF THE AGREEMENT FROM $587,206 TO $765,557 FOR A NET CHANGE OF $178,351 FOR ADDITIONAL ROOF REPLACEMENT FUNDING. (GRANT September 26, 2023 Page 132 FUND 1835) Item #16D2 – Moved to Item #11C (Per Agenda Change Sheet) Item #16D3 AUTHORIZE PURCHASES FROM BIBLIOTHECA, LLC, AND OVERDRIVE, INC., AS EXEMPTIONS FROM THE COMPETITIVE PROCESS FOR THE ACQUISITION OF ELECTRONIC RESOURCE MATERIALS FOR LIBRARY PATRON USE, IN A NOT-TO-EXCEED THE AMOUNT OF $600,000 PER FISCAL YEAR, AS BUDGETED, THROUGH FY 2028 Item #16D4 TWENTY-THREE (23) MORTGAGE SATISFACTIONS FOR THE STATE HOUSING INITIATIVES PARTNERSHIP LOAN PROGRAM IN THE AMOUNT OF $1,150,000. (SHIP GRANT FUND 1053) Item #16D5 THE CHAIRMAN TO SIGN ELEVEN (11) MORTGAGE SATISFACTIONS FOR THE STATE HOUSING INITIATIVES PARTNERSHIP LOAN PROGRAM IN THE AMOUNT OF $237,565.90 AND APPROVE THE ASSOCIATED BUDGET AMENDMENT TO APPROPRIATE REPAYMENT AMOUNT TOTALING $237,565.90 (SHIP GRANT FUND 1053) Item #16D6 September 26, 2023 Page 133 THE SUBMITTAL OF THE FY23-24 STATE AID TO LIBRARY GRANT ALONG WITH THE 2023-2027 STRATEGIC PLAN AND OTHER DOCUMENTATION REQUIRED FOR GRANT APPLICATION SUBMISSION AND AUTHORIZE THE CHAIRMAN TO SIGN GRANT AGREEMENT #24-ST-08 AND ALL CERTIFICATIONS REQUIRED FOR THE SUBMISSION OF THE GRANT APPLICATION TO THE FLORIDA DEPARTMENT OF STATE, DIVISION OF LIBRARY AND INFORMATION SERVICES FOR FUNDING IN THE ESTIMATED AMOUNT OF $139,834. (PUBLIC SERVICES GRANT FUND 1839) Item #16D7 RESOLUTION 2023- 170: TO ENACT A RESOLUTION TO AUTHORIZE CONTINUED PARTICIPATION IN THE LOCAL PROVIDER PARTICIPATION FUND FOR THE DIRECTED PAYMENT PROGRAM AND GRADUATE MEDICAL EDUCATION PROGRAM. THESE PROGRAMS WILL BE SOLELY FUNDED BY ASSESSMENTS ON COLLIER COUNTY HOSPITAL-OWNED PROPERTY OR PROPERTY USED AS A HOSPITAL IN AN ASSESSMENT AMOUNT OF $10,657,446. AUTHORIZE THE COUNTY MANAGER TO SIGN A LETTERS OF AGREEMENT IN AN AMOUNT NOT TO EXCEED THE TOTAL OF $13,205,859.81 WITH THE AGENCY FOR HEALTH CARE ADMINISTRATION AND APPROVE NECESSARY BUDGET AMENDMENTS Item #16D8 A LOW INCOME POOL LETTER OF AGREEMENT WITH THE September 26, 2023 Page 134 AGENCY FOR HEALTH CARE ADMINISTRATION, IN THE AMOUNT OF $469,861 AND A COMPANION AGREEMENT WITH COLLIER HEALTH SERVICES, INC., TO PARTICIPATE IN THE MEDICAID LOW INCOME POOL PROGRAM, GENERATING $647,792 IN FEDERAL MATCHING FUNDS THAT WILL PROVIDE ADDITIONAL HEALTH SERVICES FOR THE CITIZENS OF COLLIER COUNTY; TO AUTHORIZE THE COUNTY MANAGER OR DESIGNEE TO SIGN AND EXECUTE THE AHCA LIP LETTER OF AGREEMENT; AND TO AUTHORIZE THE CHAIRMAN TO EXECUTE THE COMPANION AGREEMENT WITH CHSI Item #16D9 FIRST AMENDMENT TO AGREEMENT NO. 13-6014, “VANDERBILT BEACH CONCESSION,” WITH DAY-STAR UNLIMITED, INC., D/B/A CABANA DAN’S, PROVIDING FOR A ONE-YEAR EXTENSION – CABANA DAN’S HAS SUCCESSFULLY PROVIDED CONSESSIONAIRE SERVICES FOR VANDERBILT BEACH SINCE 2003 Item #16E1 THE APPROVAL OF THE $1,116 OFFER IN FULL AND FINAL SETTLEMENT OF THE EMS INVOICE REGARDING SERVICES RENDERED TO BESART MARKU Item #16E2 AN INCREASE TO THE CURRENT BUDGET ALLOWANCE FOR THE PURCHASE OF PROTECTIVE FOOTWEAR FROM September 26, 2023 Page 135 VIC'S BOOT & SHOE, INC., D/B/A RED WING SHOE STORE, FROM $200,000 TO $300,000 ANNUALLY– TO PROVIDE EMPLOYEES WITH PROTECTIVE FOOTWEAR FOR THE PREVENTION OF ANKLE AND FOOT INJURIES Item #16E3 RESOLUTION 2023-171: A RESOLUTION ADOPTING THE PAY AND CLASSIFICATION PLANS FOR THE COUNTY MANAGER’S AGENCY, NON-UNION EMS, AND THE COUNTY ATTORNEY’S OFFICE EFFECTIVE OCTOBER 1, 2023; TO PROVIDE A GENERAL WAGE ADJUSTMENT TO ELIGIBLE EMPLOYEES EFFECTIVE OCTOBER 7, 2023; TO APPROVE THE CREATION OF NEW CLASSIFICATIONS, MODIFICATION AND/OR DELETION OF CLASSIFICATIONS AND ASSIGNMENT OF PAY RANGES FROM THE PROPOSED PAY AND CLASSIFICATION PLANS, FROM JULY 1, 2023 FORWARD USING THE EXISTING POINT-FACTOR JOB EVALUATION SYSTEM AND MARKET DATA; AND TO AUTHORIZE ANY NECESSARY BUDGET AMENDMENTS IN FY2024 Item #16F1 AGREEMENT TO PROVIDE PARTIAL FUNDING IN THE AMOUNT OF $250,000.00 TO THE GREATER NAPLES FIRE AND RESCUE DISTRICT, A SPECIAL DISTRICT CREATED BY LAWS OF FLORIDA, CHAPTER 2014-240, FROM REVENUE DERIVED FROM THE GAC TRUST FUND-LAND SALES, TO PURCHASE A BRUSH TRUCK, AND TO AUTHORIZE A BUDGET AMENDMENT TO TRANSFER THE FUNDS September 26, 2023 Page 136 Item #16F2 THE THIRTEENTH AMENDMENT TO THE AGREEMENT FOR MEDICAL EXAMINER SERVICES (AGREEMENT NO. 11-5776 - MEDICAL EXAMINER), WHICH WILL EXTEND THE TERM OF THE AGREEMENT TO SEPTEMBER 30, 2024. – TO PROVIDE FOR MEDICAL EXAMINER SERVICES FOR COLLIER COUNTY Item #16F3 AWARD INVITATION TO BID (“ITB”) #23-8132, “PRINTING AND COPYING SERVICES,” TO CECIL ENTERPRISES INC., DIRECT IMPRESSIONS INC., PALM PRINTING/PRINTERS INK, CORP., RAY LEPAR PRINTING, INC., AND STRATEGY MARKETING GROUP, INC., D/B/A PANTHER PRINTING Item #16F4 RESOLUTION 2023- 172: 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 #16F5 September 26, 2023 Page 137 DONATE A SURPLUS VEHICLE TO EVERGLADES CITY AND AUTHORIZE THE PROCUREMENT DIRECTOR, AS DESIGNEE FOR COUNTY MANAGER, TO SIGN FOR THE TRANSFER OF VEHICLE TITLE PURSUANT TO FLORIDA STATUTE CHAPTER 274.05 Item #16F6 THE CHAIRMAN TO EXECUTE STATE-FUNDED EMERGENCY MANAGEMENT PREPAREDNESS ASSISTANCE (EMPA) AGREEMENT A0345 ACCEPTING A GRANT AWARD TOTALING $105,806 FROM THE FLORIDA DIVISION OF EMERGENCY MANAGEMENT (FDEM) FOR EMERGENCY MANAGEMENT PROGRAM ENHANCEMENT AND AUTHORIZE THE ASSOCIATED BUDGET AMENDMENT. (FUND 1833, PROJECT NO. 33869) Item #16F7 AWARD INVITATION TO BID (“ITB”) NO. 23-8140, “PLUMBING CONTRACTORS” TO BC PLUMBING & DRAIN, INC., AS PRIMARY VENDOR, AND ACKERMAN PLUMBING, INC., AS SECONDARY VENDOR, AND AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED AGREEMENTS Item #16F8 RESOLUTION 2023-173: A RESOLUTION AUTHORIZING INTERGOVERNMENTAL TRANSFERS (IGT) BETWEEN COLLIER COUNTY EMS AND THE STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION (AHCA) September 26, 2023 Page 138 FOR FY24, TO AUTHORIZE CHAIRMAN TO SIGN AN AGREEMENT WITH AHCA TO ACCEPT DIRECT PAYMENTS FROM THE PROGRAM NAMED STATEWIDE MEDICAID MANAGED CARE (SMMC) FOR FY24 AND TO APPROVE THE NECESSARY BUDGET AMENDMENTS Item #16G1 RESOLUTION 2023- 174: THE ATTACHED RESOLUTION THAT APPROVES AND AUTHORIZES THE COUNTY MANAGER TO EXECUTE AIRPORT IMPROVEMENT PROGRAM (AIP) GRANT AGREEMENT NUMBER 3-12-0142- 017-2023 IN THE AMOUNT OF $900,798 AND AIRPORT INFRASTRUCTURE GRANT (AIG) AGREEMENT NUMBER 3- 12-0142-018-2023 IN THE AMOUNT OF $891,000 WITH THE FEDERAL AVIATION ADMINISTRATION (FAA); TO APPROVE AND AUTHORIZE THE CHAIRMAN TO EXECUTE AN AMENDMENT TO PUBLIC TRANSPORTATION GRANT AGREEMENT (PTGA) NUMBER G2861 WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) INCREASING FDOT’S PARTICIPATION BY $1,097,962 FOR THE CONSTRUCTION OF THE COUNTY-OWNED BULK AIRCRAFT STORAGE HANGAR AT THE MARCO ISLAND EXECUTIVE AIRPORT (MKY); AND TO AUTHORIZE ALL NECESSARY BUDGET AMENDMENTS. (AIRPORT GRANT FUND 4093, AIRPORT MATCH FUND 4094, AIRPORT CAPITAL FUND 4091) Item #16J1 EXTEND THE 2023 TAX ROLL AT THE REQUEST OF TAX September 26, 2023 Page 139 COLLECTOR ROB STONEBURNER, CFC. – DUE TO THE VOLUME OF VALUE ADJUSTMENT BOARDS PETITIONS Item #16J2 APPROVE TAX COLLECTOR REQUEST FOR ADVANCE COMMISSIONS IN ACCORDANCE WITH FLORIDA STATUTE 192.102(1) FOR FY2024 Item #16J3 PROVIDE A LETTER OF SUPPORT (SIGNED BY THE BCC CHAIRMAN) FOR THE PREVIOUSLY APPROVED FISCAL YEAR 2022 EDWARD BYRNE MEMORIAL, JUSTICE ASSISTANCE GRANT (JAG) COUNTYWIDE PROGRAM GRANT FUNDS Item #16J4 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 AUGUST 31, 2023, AND SEPTEMBER 13, 2023, PURSUANT TO FLORIDA STATUTE 136.06 Item #16J5 THE BOARD APPROVE AND DETERMINE VALID PUBLIC PURPOSE FOR INVOICES PAYABLE AND PURCHASING September 26, 2023 Page 140 CARD TRANSACTIONS AS OF SEPTEMBER 20, 2023 Item #16K1 THE PROPOSED FY 2023 - 2024 ACTION PLAN FOR JEFFREY A. KLATZKOW, COUNTY ATTORNEY Item #16K2 THE ANNUAL PERFORMANCE APPRAISAL FOR THE COUNTY ATTORNEY Item #16K3 THE CHAIRMAN TO EXECUTE A SETTLEMENT AGREEMENT IN THE LAWSUIT STYLED COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS V. JOHN CARROLL AND KACI RENEE CARROLL, CASE NO. 23-SC-1795, NOW PENDING IN THE COUNTY COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA, FOR THE SUM OF $3,776.52 Item #16K4 A SECOND AMENDMENT TO THE MEDIATED SETTLEMENT AGREEMENT BETWEEN THE COUNTY, LA MINNESOTA RIVIERA, LLC, AND THE RIVIERA GOLF ESTATES HOMEOWNERS ASSOCIATION, INC., REGARDING SETTLEMENT OF A BERT HARRIS CLAIM CONCERNING THE RIVIERA GOLF COURSE, IN ORDER TO EXTEND THE TIMEFRAMES PROVIDED FOR IN THE AGREEMENT September 26, 2023 Page 141 Item #16L1 RESOLUTION 2023- 175: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THE GOVERNING BODY OF THE COMMUNITY REDEVELOPMENT AGENCY, RATIFYING THE SALE OF PROPERTY TO CATHOLIC CHARITIES AS SET FORTH IN THE AGREEMENT FOR SALE AND PURCHASE, APPROVED ON APRIL 11, 2023, AND EVIDENCED BY STATUTORY DEED Item #17A ORDINANCE 2023- 41: AN ORDINANCE AMENDING ORDINANCE 2022-42, WHICH ESTABLISHED MILESTONE INSPECTIONS OF AGING CONDOMINIUM AND COOPERATIVE BUILDINGS IN UNINCORPORATED COLLIER COUNTY Item #17B – Motion to Continue to a future BCC Meeting by Commissioner McDaniel; Seconded by Commissioner Saunders – Approved (During Agenda Changes) RECOMMENDATION TO APPROVE A PROPOSED AMENDMENT TO COLLIER COUNTY ORDINANCE NO. 2006- 56, THE ROCK ROAD IMPROVEMENT MUNICIPAL SERVICE TAXING UNIT (MSTU), TO REESTABLISH AN ADVISORY COMMITTEE TO PROVIDE INPUT TO THE COUNTY ON MATTERS RELATED TO THE MSTU – MOTION TO CONTINUE TO A FUTURE BCC MEETING BY September 26, 2023 Page 142 COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER SAUNDERS – APPROVED Item #17C RESOLUTION 2023- 176: A RESOLUTION APPROVING AMENDMENTS (APPROPRIATING CARRY FORWARD, TRANSFERS, AND SUPPLEMENTAL REVENUE) TO THE FY22-23 ADOPTED BUDGET. (THE BUDGET AMENDMENTS IN THE ATTACHED RESOLUTION HAVE BEEN REVIEWED AND APPROVED BY THE BOARD OF COUNTY COMMISSIONERS VIA SEPARATE EXECUTIVE SUMMARIES.) Item #17D RESOLUTION 2023- 177: A RESOLUTION APPROVING AMENDMENTS (APPROPRIATING CARRY FORWARD, TRANSFERS AND SUPPLEMENTAL REVENUE) TO THE FISCAL YEAR 2023-24 ADOPTED BUDGET ***** September 26, 2023 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 12:43 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL /-20 --'-- RICK LoCASTRO, CHAIRMAN ATTEST CRYSTAL K. KINZEL, CLERK i : 0 P*-C f1/4"- ------- Atte l t as to Chairman's sigrmture only These minutes appr by the Board on 0e !- b.e.r WI/Ng , as presented ov 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 143