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BCC Minutes 04/09/2024April 9,2024 Page 1 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, April 9, 2024 LET IT BE REMEMBERED that the Board of County Commissioners, in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following Board members present: Chairman: Chris Hall Rick LoCastro Dan Kowal William L. McDaniel, Jr. Burt L. Saunders ALSO PRESENT: Amy Patterson, County Manager Daniel Rodriguez, Deputy County Manager Jeffrey A. Klatzkow, County Attorney Crystal K. Kinzel, Clerk of the Circuit Court & Comptroller Troy Miller, Communications & Customer Relations Page 1 April 9, 2024 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 April 09, 2024 9:00 AM Commissioner Chris Hall, District 2; – Chair Commissioner Burt Saunders, District 3; – Vice Chair Commissioner Rick LoCastro, District 1 Commissioner Dan Kowal, District 4; – CRAB Co-Chair Commissioner William L. McDaniel, Jr., District 5; – CRAB Co-Chair NOTICE: ALL PERSONS WISHING TO SPEAK ON AGENDA ITEMS MUST REGISTER PRIOR TO PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIR. ADDITIONAL MINUTES MAY BE CEDED TO AN IN-PERSON SPEAKER BY OTHER REGISTERED SPEAKERS WHO MUST BE PRESENT AT THE TIME THE SPEAKER IS HEARD. NO PUBLIC SPEAKERS WILL BE HEARD FOR PROCLAMATIONS, PRESENTATIONS AND PUBLIC PETITIONS. SPEAKERS ON PRESENTATIONS ARE LIMITED TO 10 MINUTES, UNLESS EXTENDED BY THE CHAIR. ALL PERSONS WISHING TO SPEAK ON A CONSENT ITEM MUST REGISTER PRIOR TO THE BOARD’S APPROVAL OF THE DAY’S CONSENT AGENDA, WHICH IS HEARD AT THE BEGINNING OF THE MEETING FOLLOWING THE PLEDGE OF Page 2 April 9, 2024 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 CHAIR. SHOULD THE PETITION BE GRANTED, THE ITEM WILL BE PLACED ON A FUTURE AGENDA FOR A PUBLIC HEARING. ANYONE WISHING TO ADDRESS THE BOARD ON GENERAL TOPICS NOT ON THIS AGENDA OR A FUTURE AGENDA MUST REGISTER TO SPEAK PRIOR TO THE PUBLIC COMMENT PORTION OF THE AGENDA BEING CALLED BY THE CHAIR. SPEAKERS WILL BE LIMITED TO THREE MINUTES, AND NO ADDITIONAL MINUTES MAY BE CEDED TO THE SPEAKER. AT THE CHAIR’S DISCRETION, THE NUMBER OF PUBLIC SPEAKERS MAY BE LIMITED TO 5 FOR THAT MEETING. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDING PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. COLLIER COUNTY ORDINANCE NO. 2003-53 AS AMENDED BY ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES Page 3 April 9, 2024 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 1.A. Invocation by Pastor Heath Jarvis - Faith Life Naples 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. March 12, 2024, BCC Minutes 3. AWARDS AND RECOGNITIONS A. EMPLOYEE B. ADVISORY BOARD MEMBERS C. RETIREES D. EMPLOYEE OF THE MONTH 4. PROCLAMATIONS A. Proclamation designating April 14 - 19, 2024, as National Public Safety Telecommunicators Week. To be accepted by Sheriff Kevin Rambosk, Colonel Jim Bloom, Chief Greg Smith, Captain Chris Gonzalez, Manager Amy Tuff, and several 911 telecommunicators. B. Proclamation designating April 2024 as National Child Abuse Prevention Month in Collier County. To be accepted by Linda Goldfield, Chief Executive Officer for Youth Haven of SWFL. Page 4 April 9, 2024 5. PRESENTATIONS A. ARTIST OF THE MONTH 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 has been continued from the March 12, 2024, BCC Meeting. This item requires ex-parte disclosure be provided by the Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve a rezoning ordinance for the NBC RV Mixed-Use Planned Unit Development, a portion of which remains in the Rural Fringe Mixed Use District-Receiving Lands Zoning Overlay, to allow up to 356,000 square feet of commercial and industrial uses and 75 Travel-Trailer-Recreational Vehicle campground units on property located 450± feet northeast of the intersection of Basik Drive and Tamiami Trail East, 5 miles east of Collier Boulevard in Section 18, Township 51 South, Range 27 East, Collier County, Florida, consisting of 34± acres; and by providing an effective date. (Companion to Item #9A) (District 1) B. This item has been continued from the March 12, 2024, BCC Meeting. Recommendation to approve an ordinance amending the Future Land Use Element and Future Land Use Map and map series of the Growth Management Plan to create the East Tamiami Trail Mixed Use Subdistrict, to allow up to 356,000 square feet of gross floor area of heavy commercial and industrial uses, and up to 75 travel trailer-recreational vehicle campground units. The subject property is located 450± feet northeast of the intersection of Basik Drive and Tamiami Trail East, 5 miles east of Collier Boulevard, in Section 18, Township 51 South, Range 27 East, Collier County, Florida, consisting of 33.523± acres. (Companion to Item #9B) (District 1) Page 5 April 9, 2024 10. BOARD OF COUNTY COMMISSIONERS 11. COUNTY MANAGER'S REPORT A. Recommendation to have the Board of County Commissioners review and approve Staff’s administrative application process for projects intending to utilize the allowances per Florida Statute 125.01055(7)(a), the Live Local Act. (Mike Bozi - Planning & Zoning Director) (All Districts) B. Recommendation to approve a Naming Rights Agreement with the David Lawrence Mental Health Center, Inc., relative to the Collier County Behavioral Health Center to generate donations to be restricted specifically for use within the Behavioral Health Center. (Ed Finn - Deputy County Manager) (District 3) C. Recommendation to consider alternatives for the Communication Tower site at Max A. Hasse Jr. Community Park and direct the County Manager or designee to either: 1) take no action allowing the existing lease to expire on May 20, 2024, pursuant to Crown Castle’s termination notice, and authorize the County Manager or designee to proceed with competitive selection of a wireless communication tower tenant at Max Hasse Community Park or; 2) update Ground Lease terms with Crown Castle Towers 06-2 LLC, a subsidiary of Crown Castle USA, and return to the Board for approval of the updated Ground Lease at a future meeting. (Ed Finn, Deputy County Manager) (District 3) 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS A. Presentation of the Annual Comprehensive Financial Report for the fiscal year ended September 30, 2023, and authorization to file the related State of Florida Annual Local Government Financial Report with the Department of Financial Services. (Derek M. Johnssen, Clerk of Court's Office Director of Finance and Accounting) (All Districts) 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY Page 6 April 9, 2024 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 1) Update On Donated Air Purifiers 2) Cyber Security Update C. Staff And Commission General Communications ------------------------------------------------------------------------------------------------------------ 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the board, that item(s) will be removed from the consent agenda and considered separately. ------------------------------------------------------------------------------------------------------------ A. GROWTH MANAGEMENT DEPARTMENT 1) Recommendation to approve a Resolution for final acceptance of the private roadway and drainage improvements and acceptance of the plat dedications for the final plat of Anthem Parkway Phase Four, Application Number PL20200002048, and authorize the release of the maintenance securities in the amount of $76,642.30. (District 5) 2) Recommendation to approve final acceptance of the potable water and sewer utility facilities and accept the conveyance of a portion of the potable water and sewer facilities and appurtenant utility easement for Altis Santa Barbara, PL20230009204. (District 1) 3) Recommendation to approve final acceptance of the potable water and sewer utility facilities and accept the conveyance of a portion of the Page 7 April 9, 2024 potable water, all the sewer facilities, and the appurtenant utility easement for Fairgrove Coach Homes, PL20230009259. (District 2) 4) Recommendation to approve a Resolution for the final acceptance of the private roadway and drainage improvements and the plat dedications for the final plat of Esplanade at Hacienda Lakes Phase 3, Application Number PL20170004477, and authorize the release of the maintenance security in the amount of $278,132.99. (District 1) 5) Recommendation to approve a Resolution for final acceptance of the private roadway and drainage improvements and acceptance of the plat dedications for the final plat of Esplanade at Hacienda Lakes Phase 4, Application Number PL20180000648, and authorize the release of the maintenance security in the amount of $363,307.05. (District 1) 6) Recommendation to approve final acceptance of the potable water and sewer utility facilities for Lake Park Diner at Founders Square, PL20240000750. (District 3) B. TRANSPORTATION MANAGEMENT DEPARTMENT 1) Recommendation to approve and authorize the Chairman to execute Grant Agreement No. LPA0494 with the Florida Department of Environmental Protection (FDEP) for Golden Gate City Stormwater Outfalls in the amount of $2,810,500, execute all necessary forms, and authorize the necessary budget amendments (Fund 1841, Project #51029). (District 3) 2) Recommendation to approve the selection committee’s ranking and authorize staff to begin contract negotiations with Kisinger Campo & Associates, Corp., related to Request for Professional Services (“RPS”) No. 23-8164, “Design Services for Goodlette Frank Rd- Vanderbilt Beach Rd to Immokalee Rd,” so staff can bring a proposed agreement back for the Board’s consideration at a future meeting (Project #60259). (District 5) Page 8 April 9, 2024 3) Recommendation to approve an Agreement for the purchase of a drainage easement (Parcel 145DE) required for the West Goodlette- Frank Road Area Stormwater Improvement Project Phase 2 (Project No. 60142). Estimated Fiscal Impact: $22,810. (District 4) 4) Recommendation to approve an Agreement for the purchase of a drainage easement (Parcel 140DE) required for the West Goodlette- Frank Road Area Stormwater Improvement Project Phase 2 (Project No. 60142). Estimated Fiscal Impact: $7,990. (District 4) 5) Recommendation to approve three Resolutions authorizing the Chairman to execute two Section 5311 Public Transit Grant Agreements (FPN 451893-2-94-22 and FPN 454246-1-94-23), and one Section 5339 Public Transit Grant Agreement (FPN 439255-1-94- 23) with the Florida Department of Transportation to accept Federal Transit Administration grant funding in the total amount of $1,398,274 for the purchase of two replacement buses and a support vehicle to support fixed route services in the rural areas, and to authorize the necessary Budget Amendments. (District 5) 6) Recommendation to approve the attached Budget Amendment and Amendment No. Five to Agreement No. 18-7382 - Professional Services Agreement for Collier Area Transit Fixed Route, Demand Response, and Transit Operations Management Services with MV Transportation, Inc., to incorporate rates, make contract modifications, and exercise the first renewal term. (All Districts) C. PUBLIC UTILITIES DEPARTMENT 1) Recommendation to terminate for convenience Agreement No. 22- 7957 for “Electrical Component Services” with Swanson’s Electric, Inc. (All Districts) Page 9 April 9, 2024 2) Recommendation to approve the selection committee’s ranking and authorize staff to begin contract negotiations with the top-ranked firm, Johnson Engineering, Inc., related to Request for Professional Services (“RPS”) No. 23-8193, “Design Services for Transmission Water Main Improvements (Vanderbilt Beach Rd. and Airport Pulling Rd.),” so that staff can bring a proposed agreement back for the Board’s consideration at a future meeting (Projects #70268, #70285 & #70286). (District 2) 3) Recommendation to award a $671,400.00 Purchase/Work Order comprised of $621,400 as a negotiated lump sum payment for the work, together with a $50,000 allowance to cover unforeseen work, to Douglas N. Higgins, Inc., under Agreement No. 20-7800 Underground Contractor Services, and authorize the Chairman to sign the Purchase/Work Order for NRO Wells 117N and 119N Improvements - Raw Water Main Replacement (Project No. 70085). (All Districts) 4) Recommendation to award Request for Proposal (RFP) No. 23-8124, “Debris Monitoring and Disaster Planning Services,” to Tetra Tech, Inc., as primary, and Thompson Consulting Services, LLC, as secondary, and authorize the Chairman to execute the attached Agreements. (All Districts) D. PUBLIC SERVICES DEPARTMENT (CONSENT) 1) This Item continued from the March 26, 2024, BCC Meeting. Recommendation to approve and authorize an after-the-fact payment in the amount of $14,268.87 to Robert Half International, Inc. for temporary staffing services provided to support housing related programs and find these expenditures have a valid public purpose. (All Districts) 2) Recommendation to approve and authorize the Chairman to sign a subordination agreement with Habitat for Humanity of Collier County, Inc., to subordinate the County’s Home Investment Partnership Act and the Community Development Block Grant mortgages and Declaration of Restrictive Covenants due to lien position order. (All Districts) Page 10 April 9, 2024 3) Recommendation to approve an after-the-fact grant application for a three-year Department of Labor Veteran’s Employment and Training Service Grant in the amount of $1,279,413. (All Districts) 4) Recommendation to approve an after-the-fact submission Request For Proposal to the Area Agency on Aging for Southwest Florida to obtain the Community Care for the Elderly, Alzheimer’s Disease Initiative, Home Care for the Elderly Lead Agency Designation in order to provide case management services, home and community- based services and other required Lead Agency functions of the Community Care for the Elderly program for a total award amount of $2,285,487.61, including the match requirement of $124,556. (All Districts) 5) Recommendation to authorize the Domestic Animal Services Division to participate in the Seniors for Seniors Program provided by For the Love of Cats which pays the adoption costs for seniors to adopt senior cats to increase cat adoptions. (All Districts) 6) Recommendation that the Board approves authorization to the Domestic Animal Services Division to continue providing the Helping Hearts Heal Program to facilitate medical treatment for animals with heartworms that are in DAS custody or have been recently adopted. (All Districts) E. CORPORATE BUSINESS OPERATIONS 1) Recommendation to approve the Second Amendment to Agreement #18-7263 for the County’s Visa Commercial Credit Card with J.P. Morgan Chase Bank N.A. prepared by the Procurement Services Division. (All Districts) F. COUNTY MANAGER OPERATIONS Page 11 April 9, 2024 1) Recommendation to authorize expenditures under a single-source waiver for a period of five years, in an amount not to exceed $100,000 per Fiscal Year, to obtain Original Equipment Manufacturer (“OEM”) parts, and non-OEM parts, freight, and services from Tampa Truck Center LLC, d/b/a Southport Truck Group, that are necessary to maintain County-owned trucks and equipment. (All Districts) 2) Recommendation to award Request for Proposal (“RFP”) No. 23- 8126, “Closed Circuit Television Systems (CCTV) Maintenance, Repair, and Installation Services,” to Diamond Security & Sound, LLC, and authorize the Chairman to sign the attached Agreement. (All Districts) 3) Recommendation to approve a release of claims required by Sunshine Lubes LLC, d/b/a Valvoline Instant Oil Change, for the corrected repair of County vehicle CC2-705 resulting from a July 12, 2023, oil change service. (All Districts) 4) Recommendation to authorize a Budget Amendment in the amount of $467,500 within County Wide Capital Project Fund (3001) to realign project to appropriate fund centers. (All Districts) 5) Recommendation to adopt a Resolution approving amendments (appropriating grants, donations, contributions, or insurance proceeds) to the Fiscal Year 2023-24 Adopted Budget. (The Budget Amendments in the attached Resolution have been reviewed and approved by the Board of County Commissioners via separate Executive Summaries.) (All Districts) 6) Recommendation to authorize the County Manager as designee to execute a Memorandum of Understanding with Volunteer Florida and to accept an award of up to $250,000 for the repair of damage to the Caxambas Park and Boat Ramp resulting from Hurricane Ian. (All Districts) Page 12 April 9, 2024 7) Recommendation to approve and authorize the Chairman to sign an Immokalee Impact Fee Installment Payment Plan Agreement with Immokalee Fair Housing Alliance Inc., to allow $195,160.96 in impact fees to be paid over 30 years as a special assessment for 16 affordable Multi-Family Rental Units within the Immokalee Fair Housing Alliance RPUD Project. (District 5) 8) Recommendation to recognize and appropriate revenue in the Pelican Bay Capital Fund (3041), transfer funds to Commercial Paper Fund (2023) in the amount of $81,000.00 and authorize all necessary Budget Amendments. (District 2) 9) Recommendation to authorize early reopening of negotiations and amendments to the Collective Bargaining Agreement between Collier County and the Collier EMS/Fire Bargaining Unit, Southwest Florida Professional Firefighters and Paramedics, Local 1826, District - 14, International Association of Firefighters, Incorporated. (All Districts) G. AIRPORT AUTHORITY H. BOARD OF COUNTY COMMISSIONERS 1) Proclamation designating April 2024 as Water Conservation Month in Collier County. To be delivered to Howard Brogdon, Water Director. 2) Proclamation designating April 20, 2024, as Try Transit Day in Collier County. To be delivered to Brian Wells, Director, PTNE. 3) Proclamation designating April 2024 as Autism Acceptance Month in Collier County. To be delivered to Stephanie Nordin. I. MISCELLANEOUS CORRESPONDENCE J. OTHER CONSTITUTIONAL OFFICERS 1) Recommendation to approve the use of $1,000 from the Confiscated Trust Funds to support the Florida Agricultural Crimes Intelligence Unit, Inc. (All Districts) Page 13 April 9, 2024 2) Recommendation to approve the use of $1,000 from the Confiscated Trust Funds to support the National Law Enforcement Officers Memorial. (All Districts) 3) To record in the minutes of the Board of County Commissioners, the check number (or other payment method), amount, payee, and purpose for which the referenced disbursements in the amount of $49,117,816.44 were drawn for the periods between March 14, 2024, and March 27, 2024, pursuant to Florida Statute 136.06. (All Districts) 4) Request that the Board approve and determine valid public purpose for invoices payable and purchasing card transactions as of April 3, 2024. (All Districts) K. COUNTY ATTORNEY 1) Recommendation to reappoint two members to the Immokalee Local Redevelopment Advisory Board. (District 5) 2) Recommendation to approve and authorize the Chair to execute a Settlement Agreement in the lawsuit styled Carla Davis v. Collier County Board of Commissioners, et. al., (Case No. 23-CA-1105), now pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida, for the sum of $9,500. (All Districts) 3) Recommendation to approve and authorize the Chair to execute a Settlement Agreement in the lawsuit styled Aaron Oldfield v. Collier County, (Case No. 22-CA-1851), now pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida, for the sum of $130,000. (All Districts) 4) Request by the Collier County Industrial Development Authority for approval of a resolution authorizing the Authority to issue revenue bonds to be used to finance the construction of expansions and improvements to the central water, wastewater, and reuse systems that serve the Ave Maria University and Town, and the refunding of the currently outstanding bonds from the Authority's issuance of bonds in 2005 to fund the initial construction of the system. (District 5) L. COMMUNITY REDEVELOPMENT AGENCY Page 14 April 9, 2024 ------------------------------------------------------------------------------------------------------------ 17. Summary Agenda - This section is for advertised public hearings and must meet the following criteria: 1) A recommendation for approval from staff; 2) Unanimous recommendation for approval by the collier county planning commission or other authorizing agencies of all members present and voting; 3) No written or oral objections to the item received by staff, the collier county planning commission, other authorizing agencies or the board, prior to the commencement of the bcc meeting on which the items are scheduled to be heard; and 4) No individuals are registered to speak in opposition to the item. For those items which are quasi-judicial in nature, all participants must be sworn in. ------------------------------------------------------------------------------------------------------------ A. This item requires that Commission members provide ex-parte disclosure. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve Petition VAC- PL20230005194, to disclaim, renounce, and vacate the County and the public interest in a portion of Preserve and Replant Area PA-79 and all of Preserve and Replant Area PA-86 of Vanderbilt Country Club-2, as recorded in Plat Book 32, Pages 42 through 55 of the Public Records of Collier County, Florida, located approximately one-quarter mile east of County Road 951 (Collier Boulevard) and one-half mile north of Vanderbilt Beach Road, in Section 35, Township 48 South, Range 26 East, Collier County, Florida, and to accept Petitioner’s grant of a Conservation Easement to replace the vacated Preserve and Replant Areas. (District 3) B. Recommendation to transmit a Resolution of the Board of County Commissioners proposing an amendment to the Collier County Growth Management Plan, Ordinance 89-05, as amended, specifically amending the Potable Water Sub-Element of the Public Facilities Element to amend Policy 1.7 to reference the updated ten-year water supply facilities work plan, and amending the Capital Improvement Element to change the level of service standards for county potable water systems and county sanitary sewer- wastewater treatment systems; furthermore directing transmittal of the amendment to the Florida Department of Commerce. (PL20240000400) (All Districts) C. This item requires that Commission members provide ex-parte disclosure. Should a hearing be held on this item, all participants are Page 15 April 9, 2024 required to be sworn in. Recommendation to approve Petition VAC- PL20240000788, to disclaim, renounce, and vacate the County and the public interest in the 30-foot-wide public road right-of-way easements, as described in Official Record Book 70, Page 504, Official Record Book 90, Page 487, Official Record Book 111, Page 129, and Official Record Book 172, Page 596, of the Public Records of Collier County, Florida, located approximately 1,050 feet east of Logan Boulevard and lying south of Immokalee Road (CR-846) in Section 28, Township 48 South, Range 26 East, Collier County, Florida. (District 3) 18. ADJOURN Inquiries concerning changes to the Board’s Agenda should be made to the County Manager’s Office at 252-8383. April 9,2024 Page 2 MS. PATTERSON: Chair, you have a live mic. CHAIRMAN HALL: Good morning, everyone. Welcome to the commissioner meeting. Just as a little reminder, I want to ask you to please silence those cell phones. And, Commissioner McDaniel, is your mom watching this morning? COMMISSIONER McDANIEL: You betcha. CHAIRMAN HALL: Ms. McDaniel, you did well. He looks really nice today. I just wanted to commend you on that. COMMISSIONER LoCASTRO: I have a few comments, Mrs. McDaniel, but I'll call you privately. I'll call you privately. COMMISSIONER McDANIEL: I want everybody to look at the camera and wave to Mum. COMMISSIONER LoCASTRO: Mom. CHAIRMAN HALL: Hi, Mom. Well, that's great. So we've got some proclamations to get started with and some agenda approvals. Let's go with it. MS. PATTERSON: Yes, sir. Let's start with our invocation which is going to be led by Pastor Heath Jarvis from Faith Life Naples, and we'll be following it with the pledge by Darlene Headrick Izzo, VFW Post 7722 Auxiliary, trusty daughter of Vietnam veteran. CHAIRMAN HALL: Great. Pastor Heath, if I could ask you, please, in your prayer this morning, to add a little prayer for our Senate President Kathleen Passidomo and her three girls. PASTOR HEATH: Yes, sir. COMMISSIONER McDANIEL: Amen. Item #1A April 9,2024 Page 3 INVOCATION BY PASTOR HEATH JARVIS FROM FAITH LIFE NAPLES PASTOR HEATH: Let's pray. Father, we come before you today. We are thankful to live in one of the most beautiful places on earth here in Southwest Florida. Lord, I'm thankful that we live in a nation where we can come before you today and we can pray, we can invoke your wisdom freely without fear of reprisal from our government. Lord, I thank you that we can invoke your wisdom as we make decisions today that affect all who live here in Southwest Florida. What a privilege it is to live here. What a privilege it is to be in the greatest nation on earth. And, Father, we do lift up Senate President Kathleen Passidomo, Lord, and her entire family. Lord, as they go through this transition, Lord -- I know she lost her husband. Lord, I pray that you give them peace and that your peace guards their heart and guards their mind. But, Lord, for today's meeting I just ask that as we discuss all of these issues that affect everyone who lives here, Lord, I pray that you give us a peace and show us, Lord, how to only make the decisions that you want us to make because your decisions, your guidance is the best. We thank you for that. And I pray this in the name of Jesus. Amen. (The Pledge of Allegiance was recited in unison.) Item #2A APPROVAL OF TODAY'S REGULAR, CONSENT AND SUMMARY AGENDA AS AMENDED (EX PARTE DISCLOSURE PROVIDED BY COMMISSION MEMBERS FOR CONSENT AGENDA.) - MOTION TO APPROVE BY April 9,2024 Page 4 COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER LOCASTRO – APPROVED AND/OR ADOPTED W/CHANGES MS. PATTERSON: Commissioners, agenda changes for April 9th, 2024, Board of County Commissioners meeting. First, we have move Item 16.H.3 to 4.C. This is a proclamation designating April 2024 as Autism Acceptance Month in Collier County. To be accepted by Stephanie Nordin, founder and president of Autism Collier, Inc. This move is made at Commissioner Hall and Commissioner McDaniel's separate requests. Move Item 16.K.3 to 12.A. This is a recommendation to approve and authorize the Chair to execute a settlement agreement in the lawsuit styled Aaron Oldfield versus Collier County now pending in the Circuit Court of the 20th Judicial Circuit in and for Collier County, Florida, for the sum of $130,000. This is being moved at Commissioner McDaniel's request. A couple of agenda notes. The companion listings for Items 9.A and 9.B should reference each other rather than how they are currently listed, and the correct updated resolution for Item 17.C was uploaded as a linked file after the agenda was published on the afternoon of April 4th. This updated resolution can be found in a linked file named "Resolution-031524 (correct)," in parens. We have court reporter breaks scheduled for 10:30 and 2:50. And with that, County Attorney. MR. KLATZKOW: Nothing more. Thank you. MS. PATTERSON: Thank you. Commissioners, changes and ex parte on the summary agenda -- or consent agenda. CHAIRMAN HALL: Commissioner McDaniel. COMMISSIONER McDANIEL: Good morning, Mr. Chair. I April 9,2024 Page 5 have no further changes and ex parte only on 17.A. CHAIRMAN HALL: Commissioner LoCastro. COMMISSIONER LoCASTRO: No changes. On 17.A, I have e-mails and nothing on 17.C -- and nothing else, just 17.A e-mails. CHAIRMAN HALL: Commissioner McDaniel -- I mean, Commissioner Kowal. COMMISSIONER KOWAL: No changes, and I have no ex partes on the summary agenda. CHAIRMAN HALL: Commissioner Saunders. COMMISSIONER SAUNDERS: And, Mr. Chairman, I don't have any changes to the agenda. I did have some -- a couple of conversations in reference to Item 17.A. CHAIRMAN HALL: Thank you. I have no changes and no ex parte on summary. MS. PATTERSON: If we could get a motion to approve the agenda as amended. COMMISSIONER KOWAL: So moved. COMMISSIONER LoCASTRO: Second. CHAIRMAN HALL: Motion and second. All in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN HALL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. SEE REVERSE SIDE Proposed Agenda Changes Board of County Commissioners Meeting April 9, 2024 Move Item 16H3 to 4C: Proclamation designating April 2024 as Autism Acceptance Month in Collier County. To be accepted by delivered to Stephanie Nordin, Founder & President of Autism Collier Inc. (Commissioner Hall’s and Commissioner McDaniel’s Separate Requests) Move Item 16K3 to 12A: Recommendation to approve and authorize the Chair to execute a Settlement Agreement in the lawsuit styled Aaron Oldfield v. Collier County, (Case No. 22-CA-1851), now pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida, for the sum of $130,000. (Commissioner McDaniel’s Request) Notes: The companion listings for items 9A & 9B should reference each other rather than how they are currently listed. The correct updated resolution for Item 17C was uploaded as a linked file after the agenda was published, on the afternoon of April 4th. This updated resolution can be found in a linked file named "Resolution - 031524 (Correct)". TIME CERTAIN ITEMS: 4/17/2024 12:10 PM April 9,2024 Page 6 Item #2B BCC MEETING MINUTES FROM MARCH 12, 2024 – MOTION TO APPROVE BY COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER LOCASTRO – APPROVED MS. PATTERSON: Item 2B is approval of the meeting minutes for March 12th, 2024. COMMISSIONER McDANIEL: I'll make a motion for approval. COMMISSIONER LoCASTRO: Second. CHAIRMAN HALL: All in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN HALL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. Item #4A PROCLAMATION DESIGNATING APRIL 14 - 19, 2024, AS NATIONAL PUBLIC SAFETY TELECOMMUNICATORS WEEK. ACCEPTED BY SHERIFF KEVIN RAMBOSK, COLONEL JIM BLOOM, CHIEF GREG SMITH, CAPTAIN CHRIS GONZALEZ, MANAGER AMY TUFF, AND SEVERAL 911 TELECOMMUNICATORS - MOTION TO APPROVE BY COMMISSIONER SAUNDERS; SECONDED BY COMMISSIONER KOWAL – ADOPTED MS. PATTERSON: That brings us to Item 4, proclamations. Item 4A is a proclamation designating April 14th through 19th, 2024, April 9,2024 Page 7 as National Public Safety Telecommunicators Week. To be accepted by Sheriff Kevin Rambosk, Colonel Jim Bloom, Chief Greg Smith, Captain Chris Gonzalez, Manager Amy Tuff, and Dispatcher Gustavo Rodriguez Gonzalez and Dispatcher Ketnise Pierre. I probably just killed her name. Congratulations. (Applause.) CHIEF CHOATE: Commissioners, while they take their seat, Michael Choate, your executive director of Public Safety. Sheriff, you've heard me say this many times. Manager Tuff's heard me say this, Chief Smith, heck, Kevin Gonzalez, they've all heard me say this so many times, but I'd love to say this publicly. As an end-user of the system, when we push to talk, it's nice to have that comforting voice on the other end, somebody who's gathering the information, somebody who can remain calm and relay that information to us. We absolutely appreciate you, Sheriff, and your team. And the dynamics that takes place within that comm center just baffles my mind to walk in there. And if you've never been in there -- Commissioner, you know it well. If you've never been in that comm center, I would encourage you to do so and just stand back for one hour and just watch what takes place. Thank you, Sheriff. SHERIFF RAMBOSK: Thank you, Chief. Good morning, Chairman and Board. I'd like to thank you for recognizing the members of our communications staff. First of all, I'd like to thank you for your support of law enforcement and public safety that built a state-of-the-art communications center for this community. It's what helps us get those emergency resources to calls for service and as quickly as we're able to. You know telecommunicators, really, when you talk about first April 9,2024 Page 8 responders, are the first responders' first responder because they intake the call, they provide information, they start to deescalate, they provide emergency medical dispatch that ultimately saves lives. So we have a terrific group of members that are there. I will tell you out of the thousands and thousands of 911 centers and communications centers across the country, your center here in Collier County is only one of 138 nationally accredited for best practices and best standards throughout the country. So I'd like to recognize them for the fabulous job that they do each and every day in helping protect not only our community but supporting deputies, firefighters, and EMS personnel en route to calls for service. Thank you very much. We appreciate your support. (Applause.) Item #4B PROCLAMATION DESIGNATING APRIL 2024 AS NATIONAL CHILD ABUSE PREVENTION MONTH IN COLLIER COUNTY. ACCEPTED BY LINDA GOLDFIELD, CHIEF EXECUTIVE OFFICER FOR YOUTH HAVEN OF SWFL - MOTION TO APPROVE BY COMMISSIONER SAUNDERS; SECONDED BY COMMISSIONER KOWAL – ADOPTED MS. PATTERSON: Item 4.B is a proclamation designating April 2024 as National Child Abuse Prevention Month in Collier County. To be accepted by Linda Goldfield, chief executive officer for Youth Haven of Southwest Florida, and other distinguished guests. (Applause.) MS. GOLDFIELD: Thank you, Commissioners, for raising April 9,2024 Page 9 awareness of child abuse in our community. One in four children in the United States are abused or neglected. On behalf of the children of Youth Haven -- we have potentially 70 children that live on our campus. We've been providing services in this community for over 52 years. We're grateful for your support, the community's support. Together, as a community, we make a difference in the children's lives in our community and ensure that they have better outcomes. And thank you for your support. (Applause.) Item #4C – Moved from Item #16H3 (Per Agenda Change Sheet) PROCLAMATION DESIGNATING APRIL 2024 AS AUTISM ACCEPTANCE MONTH IN COLLIER COUNTY. DELIVERED TO STEPHANIE NORDIN - MOTION TO APPROVE BY COMMISSIONER SAUNDERS; SECONDED BY COMMISSIONER KOWAL – ADOPTED MS. PATTERSON: Item 4.C, formerly 16.H.3, is a proclamation designating April 2024 as Autism Acceptance Month in Collier County. To be accepted by Stephanie Nordin, founder and president of Autism Collier, Inc. Congratulations. (Applause.) MS. OLIVIA: Hi. My name is Olivia. I have autism myself. I appreciate and thank the commissioners for their declaration of Autism Acceptance Month in Collier County. Having autism myself, I previously felt unheard and ignored by our local government, but this demonstrates a welcomed shift towards awareness, and I hope and pray that more changes will be made for people on the spectrum. April 9,2024 Page 10 (Applause.) MS. NORDIN: Good morning. This month we embark on a month of significance, Autism Acceptance Month. MR. MILLER: Can you state your name? MS. NORDIN: Oh, sure. My name's Stephanie Nordin. I'm the president and founder of Autism Collier, and we're going to talk about Autism Acceptance Month. This is not just a time for awareness but a period of action, reflection, and, most importantly, understanding and embracing the beautiful diversity that autism brings into our lives. In the heart of every story of struggle, there is a lesson of profound acceptance. This truth became my guiding light through a journey that began with my two beautiful identical boys. Their unique view of the world opened my eyes to the true essence of acceptance. They teach me in their unique way that acceptance is not a choice, but it is a necessity for serenity. Acceptance isn't a journey to be undertaken alone. It is a community-wide mission requiring the hearts and hands of every one of us. From the early days of navigating through uncertainties and barriers, I've witnessed the transformative power of a community united in acceptance and love. It takes a village to raise a child, and for families like mine, this village extends to every corner of our world. For those who may not know, autism is also known as autism spectrum disorder. It is a complex neurological condition that involves persistent challenges in social interaction, speech, nonverbal communication, restrictive or repetitive behaviors. The effects of autism and the severity of the symptoms vary greatly among individuals. So imagine it like a spectrum. On one end, you may have someone with mild challenges. They can live April 9,2024 Page 11 independently. And on the other end of the spectrum, there is somebody who has more profound challenges, and they need more support. One way to think about autism is to imagine the processing centers of our brain, our computer system, and they're wired differently than what's typically expected. This can make social interactions, communication, adapting to changes challenging for someone with autism; however, with supports and therapies tailored to their needs, many people with autism can lead fulfilling lives contributing uniquely to their communities. Autism Acceptance Month marks the shift from mere awareness to a celebration of belonging, equal opportunities, and the invaluable contributions of individuals with autism. There are 5.4 million adults with autism, and one in 36 children in the United States. So if we broke that down to Collier County, we have about 60,000 kids here, and that would mean that 1,900 of them live here today with autism. As the founder of Autism Collier and mom to two boys on the spectrum, I've seen the shift in dialogue surrounding autism from a narrative focused on a cure to one that celebrates acceptance and understanding. And acceptance is, indeed, an action, a commitment to change not just in our language but in our perspectives and interactions with people with autism. Our journey doesn't end with acceptance. It's merely the beginning. It's a call to action for each of us to contribute to building a world where individuals, regardless of their differences, find their rightful place and purpose. We must move beyond acceptance to representation, celebration, and ultimately liberation. Today, as we embrace Autism Acceptance Month, let's renew our commitment not to just speak about acceptance but to embody it in our actions, policies, and community engagements. Together we April 9,2024 Page 12 can pave a way for our future where every member of the autism community is valued, understood, and celebrated. Thank you, Collier County. Thank you, Commissioner Saunders, for helping champion this. Together we will create a world of understanding and opportunities for all. Let us be the change that we wish to see. Let's embrace this month not just with awareness but with a heart full of action and change. Thank you for being here and for listening to me and joining Autism Collier on this significant journey. Together we can make a lasting difference, ensuring a future where everyone has access to happiness, growth, and independence. Thanks. (Applause.) COMMISSIONER SAUNDERS: Mr. Chairman, if I could ask Stephanie a question. MS. NORDIN: You may. COMMISSIONER SAUNDERS: I may be putting you on the spot, and I apologize for that. I probably should have said something beforehand. MS. NORDIN: That's okay. That's better than scripts. COMMISSIONER SAUNDERS: Yeah. Well, you and I had a conversation several weeks ago about some problems in the county and city parks in terms of facilities and that sort of thing, and I thought maybe -- you've got everybody's ear this morning. Maybe if you could spend a couple minutes telling us what we can do to help you with some of the issues that you're dealing with, especially as it relates to our park system. MS. NORDIN: Oh, my goodness. Okay, sure. Thank you. COMMISSIONER SAUNDERS: This is not scripted. I just thought -- MS. NORDIN: No, it sure isn't. COMMISSIONER SAUNDERS: I'm putting you on the spot, April 9,2024 Page 13 but I think -- MS. NORDIN: And I'm really appreciative of that. So we have -- like I said, we've got about 1900 kids in our county on the spectrum, and many of them need additional support. So our camps in our area -- I believe we have one in the Golden Gate Community Center and River Park Community Center with the City of Naples. Between 1900 kids, there's not a lot of options for summer school, after-school programs. There isn't after-school after elementary, and we are looking for community-wide engagement. It would take all of us to sit together and work on how we could create these opportunities for these families so that they can go to summer camp. COMMISSIONER SAUNDERS: So thank you. I just wanted the Commission to hear that we may need to take a look at some of the things we do in our summer camps. Obviously not -- MS. NORDIN: I do have ideas, but that's in a pile of research at home. So I'd love to sit and talk with you-all about ways that we can make our camps more inclusive. COMMISSIONER SAUNDERS: Well, that was my purpose was opening the door for that. MS. NORDIN: Thank you, sir. COMMISSIONER SAUNDERS: Take advantage of that because I think everybody's listening. MS. NORDIN: I will. COMMISSIONER McDANIEL: Stephanie, don't go away. MS. NORDIN: Yes. Yes, Commissioner McDaniel. COMMISSIONER McDANIEL: Good morning. MS. NORDIN: Good morning. COMMISSIONER McDANIEL: Have you had any experience with Goodwill's Pathways? MS. NORDIN: Yes. April 9,2024 Page 14 COMMISSIONER McDANIEL: Okay. MS. NORDIN: Yes, I know Jessica Tursi who -- COMMISSIONER McDANIEL: One of my suggestions might be -- because we already have a relationship with Goodwill, is maybe engaging with them with the Pathways program we have at Goodwill that is an amazing program that helps folks. I might suggest that maybe our staff reach out and have a discussion with Goodwill about engaging there to assist with the parks program and the summer camp program. That's one of the things that Pathways, in fact, does is assists with both the families and the folks that are -- that are on the spectrum to be able to live a more normalized live, so... MS. NORDIN: Thanks. Great. Thank you. COMMISSIONER McDANIEL: Yes, ma'am. MS. NORDIN: Oh, okay. So thanks, Gail. Well, one of the things I missed there when I was talking about summer camps is right now the parents have to pay for personal-care support, and I am fortunate enough that my children receive the Home and Community-Based Waiver -- which is quite a process. There's about a 10-year waitlist -- so that we can have personal-care supports in our -- to go with my boys, but the average family here doesn't. And the cost of that, over the course of nine weeks in the summer, is about 25,000 in addition to your regular camp fees to bring somebody with your child to camp to be a one-on-one support. So that's really where we need to troubleshoot how we're going to work that out. Thanks, Gail. CHAIRMAN HALL: Thank you, Stephanie. MS. NORDIN: Go ahead, Olivia. MS. OLIVIA: Commissioners, I just want to say one thing. What Stephanie Nordin was talking about, the summer camps, the other thing that adults with autism struggle with, too, is housing and April 9,2024 Page 15 financial support. We don't have the support. We have to always ask our parents or someone to always help us. Housing is horrendous. Getting a job, we can only make a certain amount. So if we make over that, we'll lose our income, and we really need to help people on the spectrum find a better way to, like, financially help us. MS. NORDIN: And that's a great thing for Pathways to talk about. Thank you. CHAIRMAN HALL: Thank you, Olivia. MS. NORDIN: Thank you. (Applause.) MS. PATTERSON: Commissioners, if we can get a motion to accept the proclamations. COMMISSIONER SAUNDERS: So moved, Mr. Chairman. COMMISSIONER KOWAL: Second. COMMISSIONER McDANIEL: Second. CHAIRMAN HALL: Moved and seconded. All in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN HALL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. Item #5A ARTIST OF THE MONTH – VARIOUS COLLIER COUNTY PUBLIC SCHOOL STUDENTS MS. PATTERSON: Commissioners, that brings us to Item 5.A, Artist of the Month, if I can direct your attention to the back of the April 9,2024 Page 16 room. The April Artist of the Month showcases the talented winners of the 2025 Keep Collier Beautiful calendar art contest. For 26 years, Keep Collier Beautiful has diligently organized this art contest with invaluable support from Collier County's Solid Waste division. Collier County students from the 1st through 12th grades are annually encouraged to submit original artwork that emphasizes recycling, proper disposal, and the students' passion for the environment. Many of these talented students also participate in Keep Collier Beautiful's annual community-wide cleanups, including the Great American Cleanup on April 20th and the International Coastal Zone Cleanup on September 21st, 2024. Item #7 PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA MS. PATTERSON: With that, that brings us to Item 7, public comments on general topics not on the current or future agenda. Troy. MR. MILLER: Mr. Chairman, we have six registered speakers this morning. Your first speaker is Laurie Harris. She'll be followed by Darleen Santos. MS. HARRIS: Good morning, Commissioners. I'm here again. So -- Laurie Harris, Marco Island, Florida. And I thank you again for your time. As expected, the Collier County Domestic Animal Services Advisory Board has reselected their chosen candidate for the at-large seat. The process was confusing. Despite checking the recording April 9,2024 Page 17 several times, I don't know how the votes were counted. I have applied for the at-large seat because of my drive to serve this community and use my eight years of volunteer insider experience to suggest improvements. The chairman questioned me appearing in front of you to advocate for my candidacy as being divisive while my number-one goal is to bring all parties together as one team. And this I'm quoting: The Animal Services Advisory Board is a seven-member board that was created on January 27th, 2004, by Ordinance No. 2004-06, to make recommendations to the Board of County Commissioners on programs, services, classes, special events that will further assist Collier County Domestic Animal Services by providing the best possible service to the community. Since the advisory board has not presented to the Board of County Commissioners in five years, that I know of, as required by this ordinance, it is not a functioning board. The chairman also reduced meetings from 12 per year to four per year. Commissioner Saunders was gracious enough to come to the February meeting and let the advisory board know that they're in the budget process now, to come to us with your budget needs for next year. Collier County [sic] Patterson, also gracious enough to come to the April 1st meeting with a similar message. Public works department, Tanya Williams, gracious enough to come with the understanding of the urgency to get workshops going to get this budget done for the advisory board. It took Advisory Board Member Officer Rego to point out that workshops need to be scheduled sooner rather than later, since the next advisory board meeting isn't until July. I checked the website as of this morning. Still no workshops April 9,2024 Page 18 have been scheduled. And unless the chairman schedules a regular board meeting in May, the July meeting will be too late for the process. I point this out to you, since a nonfunctioning board will continue to have the problems escalate to Ms. Williams, Mr. Rodriguez, or Ms. Patterson, and I am certain they would appreciate a functioning board. I spent almost 20 years in corporate HR. This experience has taught me to be highly organized, collaborative -- collaborate effectively, and recognize the need to plan well ahead of time. I ask you to choose the applicant who is most qualified for the position. If you do not believe that is me, no problem. I will support the current -- the board that is put in place to the best of my ability to support them in their mission. Respectfully submitted. CHAIRMAN HALL: Thanks, Ms. Harris. MR. MILLER: Your next speaker is Darleen Santos. She'll be followed by Eva Front. MS. SANTOS: Good morning, Commissioners. And I'm Darleen Santos, and I'm pleased to be here. This is new for me, appearing -- meeting all you, appearing before the Board. I'm a resident of Collier County for 15 years, and I am also a foster volunteer at Humane Society, Naples, for eight years. And I just feel strongly about giving back to this beautiful community with my heart devoted to the vulnerable, voiceless animals of Collier County. I'm here today in support of Laurie Harris, who has applied for the open seat at-large on the Domestic Animal Services board. Ms. Harris has been volunteering for the past consecutive eight years, and I've met her in this room. I don't know her, but I just attended a few meetings, and she spoke, and I liked what she had to say and her dedication. It's my understanding that none of the other candidates April 9,2024 Page 19 have been involved in our local shelter in such a manner for that length of time. I've witnessed her commitment and drive to improve animal outcomes to better serve the Collier County community. In addition, I'd like to draw attention to some of her experience and background: Community services; U.S. Coast Guard, auxiliary staff officer; coxswain instructor; DAS volunteer since 2016; Guardians of Florida Animal Rescue, adoption coordinator, 2021; and also Marco Island Patriots; and a church volunteer. Her education is St. John's University, bachelor’s in science, 1987. Positions held: 20 years in human resources in corporate business administration, positions at Merrill Lynch and the Dun & Bradstreet Corp, completed her career as vice president employee benefits in stock programs at Nelson Media Research in 2003. And more information is on her application. On a personal note, I've attended several DAS advisory board meetings and believe bringing in fresh ideas, perspectives, and enthusiasm will greatly benefit the residents and the vulnerable animal population in Collier County. I've followed DAS for some time now and would like to get more involved, having noted little public participation at the last four meetings that I've attended. I close with, Commissioners, you have exemplified great courage and spearheaded many changes in Collier County. I remain hopeful that when choosing your selection, you will, once again, use your extensive expertise and select the most qualified candidate while at the same time keeping the doors open for new members and growth. I thank you, Darleen Santos, a voice for the voiceless. MR. MILLER: Your next speaker is Eva Front. She'll be followed by Garrett F.X. Beyrent. MS. FRONT: Good morning. Good morning, commissioners. April 9,2024 Page 20 So I have a short clip from the last DAS, Domestic Animal Services, for us all to understand and maybe hope for constructive feedback, at the end of my speech, if you wouldn't mind. CHAIRMAN HALL: Sure. MS. FRONT: It's a minute, maybe. CHAIRMAN HALL: How short? MS. FRONT: Yes, it's very short. CHAIRMAN HALL: Thanks. MS. FRONT: Good morning. My name is Eva Front, and I am a full-time Collier County resident. I'm honored to speak today in front of you in support of Ms. Laurie Harris' candidacy for Domestic Animal Services Advisory Board. Please allow me to use this opportunity to express my gratitude and appreciation for our county management, Ms. Patterson and Mr. Rodriguez, for listening and acting on public concerns; Ms. Perry, DAS director, patiently responding to my calls and e-mails, explaining the reasoning behind certain processes; and also to you, county commissioners, for swiftly approving, last year, an increase of DAS spending for up to $850,000 for outsourcing veterinary sources when that action was desperately needed. Laurie Harris graduated St. John's University. Over the last eight years, she has served our community as DAS volunteer. She also volunteers at Gardens of Florida Animal Rescue, Marco Island Patio [sic] and Presbyterian Church. Working within such a variety of organizations shows she's incredibly adaptable and can handle any task that comes her way. With over 20 years of experience in human resources, I am confident that she will be able to use her interpersonal skills in uniting local rescues under one mission: To help our community become a better place and, by doing so, help you achieve the goal of making Collier County the No. 1 place to live and play in the United April 9,2024 Page 21 States. Commissioners, you have attended such a large number of board meetings at the highest level. Please allow me to take you, for a few seconds, to the recent DAS advisory board meeting hoping you will be able to give all parties involved constructive feedback. And, Mr. Miller, if you could start at the 47-minute mark. (A video was played as follows:) -- like to retain her on the board. Are we allowed to discuss the candidates amongst us, or no? I don't see why not. Would you rather do that? Yeah, I mean, I -- Okay. I just -- I just want us to think about moving forward before we vote. We talked a little bit last time about, you know, maybe changing. And I know I'm staying on, so this is probably the last person that should say this, but my position, as appointed, that there is some benefits in sometimes rotating new faces and new perspectives onto the board, so that's just something that I want people to consider, and to make sure that this board is a reflection of our community. I would agree with you, and I remember you pointing to the fact that I have been on this board a long time and maybe it was time. Having said that, I think I probably bring more to this board than most -- most of you, okay. I spend hours and hours and hours on things. I don't know if anyone else brought these things or realized that we didn't have the paperwork that we should have had -- so do that. So you've been on this board for two years now? Okay. And I respect you being here, and I like you being on the board, but I don't recall a lot of things you've brought to the board in your last two years, and you're one of our newest members. But you are correct, April 9,2024 Page 22 sometimes new blood does help. (The video concluded.) MR. MILLER: That was the clip. MS. FRONT: It kind of went on with, you know, another member. And it's just that whole process of voting for the existing member was kind of confusing. You're welcome to look at that clip. It's kind of -- it goes on a little more. CHAIRMAN HALL: Thank you, Ms. Front. MS. FRONT: Thank you so much. MR. MILLER: Your next speaker is Garret F.X. Beyrent. He'll be followed by Richard Schroeder. MR. BEYRENT: For the record, Garret F.X. Beyrent. This is a public service announcement for everybody. You've got less than a week to file your income tax returns, and the federal government -- oddly enough, I took the short form because my total income is under the poverty level. I make less than $30,000 a year for the last 25 years. But it was interesting because -- I go to the library because all my sources of everything is our great library system we have, and they had laid out all of the forms -- you can get the paper forms, because I'm computer illiterate for the most part. And the long and short was I picked the shortest form at the end, right? Because it says for adult seniors filing by themselves, and I filled it all out, and I sent it in about two weeks ago. I figured I'm not going to be late ever. Even though all of my accountants are dead for the last half a century, I'm definitely going to be on time. Well, four days ago -- this is true -- I got a bill from the Treasury department for $1,215. Now, how they have ever translated that paperwork that fast -- I was like, man, these guys really are after the poor people, even the poor people that are battling on other avenues. But it's interesting that now, according -- because I called up the Treasury department, and they said, well, this all started, off the April 9,2024 Page 23 record, they said, when apparently Joe Biden came up with the idea, well, I'm going to go after Donald Trump and bring him to his knees. I'm going to go after all his money and everything. I'm going to do all that bad stuff you can legally do. But the Treasury department actually works independently of all political people. And, unfortunately, Joe Biden was not aware of all the bad stuff his own son did; probably worse or at least equivalent to Donald Trump. So unless you guys want to all get the same -- in my boat, which you don't want to be, make sure that you file all of your tax returns before the 15th of April. So thank you for letting me share that with you. MR. MILLER: Your next speaker is Richard Schroeder. He'll be followed by Katie Tardif. DR. SCHROEDER: Thank you. Richard Schroeder, retired physician. I'm just continuing a discussion I started a couple of meetings ago about the medical risks of wireless radiation and how it affects our community specifically. And today I want to just focus on smart meters, okay, that we all have -- many of us have on our homes, anyway. The entire electrical distribution system in the U.S. and in many countries is being converted into something called a smart grid to distribute electricity more efficiently and for other reasons probably as well. Everyone's electric meter is now digitized and continuously records information about our electronic usage and automatically broadcasts that information back to the electric company every few seconds or minutes day in and day out in one of three ways: Either 1, with microwave antennas; No. 2, over the power lines themselves; or, No. 3, via fiberoptic cable. Actually, none of these methods are April 9,2024 Page 24 safe. Microwave technology is used for the smart meters in most communities, and I presume ours, and communicates between all sorts of gadgets within the home to broadcast towers on utility poles that then rebroadcasts these little data packets back to the utility company sometimes as often as 10,000 times a day and in some cases as often as 132 times per second. So as a consumer, you're exposed to radiation from three sources: No. 1, the smart meter; No. 2, the relay tower in your neighborhood; and actually, No. 3, the electric wiring in your home. So this actually makes -- you know, it ends up making smart meters more dangerous to your health than cell phones from the standpoint of radiation you receive from these devices. So smart meters can cause harm even when they do not exceed the FCC's exposure limits. Recall that the FCC's exposure limits have no validity, actually, because these limits protect only against gross heating by high levels of radiation, and that's not even what you're getting with these short-wave pulsatile radiation from smart meters and phones. They do not protect against direct damage to the heart, nervous system, and other organs that can occur with extremely low nonthermal levels of radiation. So why am I reminding you of all this, even the smart meters and the buying into the federally mandated so-called smart grid is mostly a done deal in this community? And people sometimes don't care anyway as much for their health as they do for conveniences and routines. Well, remember that I said last time that smart technology, "smart," meaning secret military armaments for residential technology, was developed by the military as a dual-use technology and is strongly suspected of being used as an incendiary weapon April 9,2024 Page 25 against noncombatant citizens? And so I will continue this the next time with where I'm going with this. But it does -- it does represent something of significance to the future of this community, I do believe. So we'll talk to you soon. MR. MILLER: Your final speaker under Item 7 is Katie Tardif. MS. TARDIF: Hi, thank you. Thank you, Commissioners, for this opportunity to speak with you. What I'm addressing today is something that we learned recently in Lely Resort which is that there's talk of a Costco, a big-box Costco coming in. Yeah, I know, it's all talk, for now. But when -- as it -- I also want to say, we're big fans of Costco. We love shopping at Costco. We have no trouble driving the distance to go to Costco that already exists in Naples. And our feeling is that we don't -- we're not looking for box stores and box -- and more retail, especially in a corner that's already clustered with two gas stations, one of them also being huge. But the challenge is best use of land, and the process for the -- the approval process for a project like the Costco and multi-store complex going in. And so we're -- we know that it hasn't launched, but we do know that it's in the thinking process, and we very much hope there will be a lot more said by the commissioners about that project. The people that I talk to are not -- love Costco, not in favor. And it's not this "not in my backyard" thing. It is we don't need more of that kind of development. We already have it. So thank you very much. I appreciate your time and your ears and listening. Bye-bye. MR. MILLER: That was our final speaker for Item 7. Item #9A April 9,2024 Page 26 ORDINANCE 2024-18: A REZONING ORDINANCE FOR THE NBC RV MIXED-USE PLANNED UNIT DEVELOPMENT, A PORTION OF WHICH REMAINS IN THE RURAL FRINGE MIXED USE DISTRICT-RECEIVING LANDS ZONING OVERLAY, TO ALLOW UP TO 356,000 SQUARE FEET OF COMMERCIAL AND INDUSTRIAL USES AND 75 TRAVEL- TRAILER-RECREATIONAL VEHICLE CAMPGROUND UNITS ON PROPERTY LOCATED 450± FEET NORTHEAST OF THE INTERSECTION OF BASIK DRIVE AND TAMIAMI TRAIL EAST, 5 MILES EAST OF COLLIER BOULEVARD IN SECTION 18, TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 34± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. (COMPANION TO ITEM #9A) (DISTRICT 1) - MOTION TO APPROVE W/CHANGES BY COMMISSIONER LOCASTRO; SECONDED BY COMMISSIONER MCDANIEL – ADOPTED Item #9B ORDINANCE 2024-19: AN ORDINANCE AMENDING THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES OF THE GROWTH MANAGEMENT PLAN TO CREATE THE EAST TAMIAMI TRAIL MIXED USE SUBDISTRICT, TO ALLOW UP TO 356,000 SQUARE FEET OF GROSS FLOOR AREA OF HEAVY COMMERCIAL AND INDUSTRIAL USES, AND UP TO 75 TRAVEL TRAILER- RECREATIONAL VEHICLE CAMPGROUND UNITS. THE SUBJECT PROPERTY IS LOCATED 450± FEET NORTHEAST OF THE INTERSECTION OF BASIK DRIVE AND TAMIAMI TRAIL EAST, 5 MILES EAST OF COLLIER BOULEVARD, IN April 9,2024 Page 27 SECTION 18, TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 33.523± ACRES (COMPANION TO ITEM #9B) (DISTRICT 1) - MOTION TO APPROVE W/CHANGES BY COMMISSIONER LOCASTRO; SECONDED BY COMMISSIONER MCDANIEL – ADOPTED MS. PATTERSON: Commissioners, that brings us to Item 9. Item 9.A and Item 9.B are companion items. They have both been continued from the March 12th, 2024, BCC meeting. They will both require ex parte disclosure to be provided and for all participants to be sworn in by the court reporter. Item 9.A is a recommendation to approve a rezoning ordinance for the NBC RV Mixed-Use Planned Unit Development, a portion of which remains in the Rural Fringe Mixed-Use District Receiving Lands Zoning Overlay, to allow up to 356,000 square feet of commercial and industrial uses and 75 travel trailer/recreational vehicle campground units on property located 450,000 plus/minus feet northeast of the intersection of Basik Drive and Tamiami Trail East, five miles east of Collier Boulevard, in Section 18, Township 51 South, Range 27 East, Collier County, Florida, consisting of 34 plus/minus acres and by providing an effective date. Its companion, Item 9.B, is a recommendation to approve an ordinance amending the Future Land Use Element and Future Land Use Map and map series of the Growth Management Plan to create the East Tamiami Trail mixed-use subdistrict to allow up to 356,000 square feet of gross floor area of heavy commercial and industrial uses and up to 75 travel trailer/recreational vehicle campground units. The subject property is located 450 plus/minus feet northeast of the intersection of Basik Drive and Tamiami Trail East, five miles east of Collier Boulevard in Section 18 Township 51 South, Range 27 East, Collier County, Florida, consisting of 33.523 plus/minus acres. April 9,2024 Page 28 First, ex parte from the commissioners, please. CHAIRMAN HALL: Ex parte, Commissioner McDaniel. COMMISSIONER McDANIEL: Yes. I've had meetings and e-mails. CHAIRMAN HALL: Commissioner LoCastro. COMMISSIONER LoCASTRO: Meetings and e-mails as well. CHAIRMAN HALL: Commissioner Kowal. COMMISSIONER KOWAL: Meetings and e-mails also. CHAIRMAN HALL: Commissioner Saunders. COMMISSIONER SAUNDERS: I've had meetings, e-mails, and calls. CHAIRMAN HALL: Well, aren't you special. COMMISSIONER McDANIEL: Aren't you special. CHAIRMAN HALL: And I've had meetings and e-mails as well. MS. PATTERSON: All right. We now need all participants to be -- to stand up and 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: With that, Mr. Davies. MR. DAVIES: Thank you, Ms. Patterson. Good morning, Commissioners. Noel Davies with the law firm of Davies Duke here on behalf of the applicants this morning. We were last in front of you on March 12th. There we go. And since then, we're happy to present some additional changes that we've worked through and worked on with your staff. We have some additional aerials, some additional exhibits to share with you. My client representative, Keith Basik, is here today. Keith and his family have been in Collier County since the 1970s. Bob April 9,2024 Page 29 Mulhere and Ellen Summers with Bowman are our professional planners. Norm Trebilcock is our transportation engineer. You're all familiar with the project site. It's approximately 33 and a half acres. We're five miles east of the intersection of Collier Boulevard and the East Trail. And our pending applications include a rezone to PUD and corresponding GMPA. We're proposing approximately 356,000 square feet of commercial and industrial as well as 75 travel trailer/recreational vehicle spaces. Regarding the discussion last time with respect to the crushing use at the northwest corner of the property, you'll recall we had agreed to a 40-foot height limitation for the stockpiling. We've since been able to reduce that to 30 feet. And we've added that specific language to the PUD document, which your staff has reviewed and accepted. There was also discussion regarding a five-year evaluation. We are agreeable to making that an annual evaluation. Here is a line-of-sight exhibit that we prepared with respect to our neighbors to the east, all of which are zoned agricultural. None of the neighbors have objections to this project. Our client has agreed, as you know, to a 10-foot-high concrete wall as well as a 20-foot-tall landscape buffer, and there is at least 300 feet of separation, sometimes much more than 300 feet, between the portion of the site allocated to the crushing use and the residences to the east. As I mentioned last time, this is the appropriate location within the county for this type of project, and your staff agrees there are existing industrial uses all along the western perimeter of the subject property. Here are photos of the two concrete batch plants that sit immediately adjacent to our west. These are both approximately 50 feet in height, and there is a height limitation for stockpiling of April 9,2024 Page 30 50 feet as compared to our 30-foot limitation. We have had two neighborhood information meetings with respect to this project. We've worked closely with our neighbors throughout the process, including on all of the conditions which, again, include the 10-foot wall, the 20-foot landscaping, the specific siting and separation, and we're also committing to that annual review and the 30-foot height limit as well as state-of-the-art technology and water spray systems. Because of the thoroughness of all of these conditions, there have been no public speakers opposing this project. And as you know, your staff is recommending approval, and we respectfully request your vote of approval today. Thank you very much, Commissioners. I'm here to answer your questions. CHAIRMAN HALL: Commissioner McDaniel. COMMISSIONER McDANIEL: And this may be -- we have another item coming up today dealing with staff's interpretation of PUDs being inclusive in the Live Local. MR. DAVIES: Yes, sir. COMMISSIONER McDANIEL: And I would like to know -- and this is new. I just -- I didn't -- when we met -- I think we met last week. I didn't give consideration to staff's interpretation for the conversion of the commercial and industrial over to high density. And I would like to know if your client would be agreeable to adding language to the PUD to prohibit that automatic conversion under the Live Local. MR. DAVIES: So to prohibit the ability to use the Live Local Act because -- COMMISSIONER McDANIEL: Without amending the PUD, yes, sir. Yes, sir. I just -- in the event that at some stage there is interpretation that comes across. We have -- we have yet to set April 9,2024 Page 31 policy. We won't do that until later on today, and then that discussion will ensue as to whether or not the Board, in fact, sets that policy. But I would like to -- I would like to ask if that would be agreeable for your client. MR. DAVIES: No objection from my client. I mean, we'd like to look at the specific language, but I think I understand the intent and the concept, Commissioner, and my client doesn't have an objection to that. COMMISSIONER McDANIEL: Okay. And do you want to make the motion for approval? COMMISSIONER LoCASTRO: Well, I was going to make a motion, but I just wanted to go on record saying I've spent a bit of time talking with Mr. Davies and his client. You know, I seem to have all the rock-crushing lots in my district. But you know, putting them on Santa Barbara and Davis isn't the same as putting it in this location. And maybe no location's perfect, but there's certainly a lot of imperfect locations. This one's not imperfect. It puts it where it needs to be. And what we also need to -- people need to realize, there's a purpose for these type of operations. So citizens that just say they shouldn't be anywhere, well, then all of this stuff winds up in our landfill, and then people hate that. You know, that's the, you know, same folks that say we're not doing anything for affordable housing, and then the second we build affordable housing they say, "Well, oh, but I didn't mean there." So there's a purpose for this. I like the changes that you've made. I also like that we're dealing with -- it is important to me when we're dealing with an applicant, a legal firm, that we have a rapport with. So even when it says "every year" in here, I have no worries that if, you know, Ms. Cook or Ms. [sic] French or, you know, our county team went by that location and didn't [sic] see something that they didn't like, that April 9,2024 Page 32 we'd be able to get you on speed dial. And that's not the same. You know, there's some builders that have come here and half built something and abandoned it, and we couldn't track them down even just for a quick question. So, you know, when I look at all things concerned here and the changes that you've made, I mean, I'd make a motion to approve it. I don't have any kind of significant issues. I know that we'll monitor it. I'd just say that we've talked about significant things when it comes to making sure that you don't make the same mistakes that the last rock-crushing lot made. And, granted, it's a little bit of apples to chairs because it's in totally different locations but, you know, the quantity of what goes in there needs to be -- the crushing needs to be kept up. There's a lot of lessons we learned from the last lot. This is out in an area where I'm not surprised we haven't gotten citizen pushback or anything, because it's not in the middle of a huge community. So I don't really have any reservations. If my other colleagues have comments, then I'll wait off on the motion because they might have some issues or whatnot. But -- well, I'll just say, I'll make a motion to approve, but I'll preface that by saying if there's any comment that my colleagues have, you know, please chime in, but I'll put the motion to approve on the books. CHAIRMAN HALL: Commissioner McDaniel. COMMISSIONER McDANIEL: And I'll second the motion if the motion maker will include the language of -- for the conversion. COMMISSIONER LoCASTRO: Absolutely, absolutely. COMMISSIONER McDANIEL: And I'll second the motion. CHAIRMAN HALL: All right. Motion made as amended with the language and seconded. All in favor, say aye. COMMISSIONER McDANIEL: Aye. April 9,2024 Page 33 COMMISSIONER LoCASTRO: Aye. CHAIRMAN HALL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN HALL: All opposed? (No response.) CHAIRMAN HALL: Done. MR. DAVIES: Thank you, Commissioners. Thank you, Mr. Chairman. Item #11A THE BOARD OF COUNTY COMMISSIONERS REVIEW AND APPROVE STAFF’S ADMINISTRATIVE APPLICATION PROCESS FOR PROJECTS INTENDING TO UTILIZE THE ALLOWANCES PER FLORIDA STATUTE 125.01055(7)(A), THE LIVE LOCAL ACT. (MIKE BOZI - PLANNING & ZONING DIRECTOR) (ALL DISTRICTS)  MOTION FOR SECTION (7)(A) NOT TO INCLUDE THE PUD’S BY COMMISSIONER HALL; SECONDED BY COMMISSIONER MCDANIEL – APPROVED;  MOTION FOR SECTION (7)(B) NOT TO INCLUDE THE PUD’S BY COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER SAUNDERS – APPROVED;  MOTION FOR SECTION (7)(C) NOT TO INCLUDE THE PUD’S BY COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER KOWAL - APPROVED;  MOTION FOR SECTION (7)(D) TO BE APPROVED AS WRITTEN BY COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER SAUNDERS – APPROVED; MOTION FOR SECTION (7)(E) WITH DESIGNATION THAT April 9,2024 Page 34 THERE ARE ONLY 3 MAJOR TRANSFER STOPS (COUNTY COMPLEX, RADIO ROAD, AND IMMOKALEE) BY COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER SAUNDERS – APPROVED MS. PATTERSON: Commissioners, that brings us to Item 11.A. This is a recommendation to have the Board of County Commissioners review and approve staff's administrative application process for projects intending to utilize the allowances per Florida Statute 125.01055(7)(a), the Live Local Act. Mr. Mike Bosi, your director of Planning and Zoning, is here to present. MR. BOSI: Thank you, County Manager. Mike Bosi, Planning and Zoning director. We're here to talk about the administrative application of the Live Local that staff has put together. We've -- I've spoken to you a couple times in terms of the densities we've identified, some of the processes we have, but this is a -- I wanted to formally present it to the Board of County Commissioners, get your feedback in terms of how staff has interpreted and get direction from you in terms of how to move forward related to the Live Local Act. And one of, I think, the primary questions -- and it was already raised by Commissioner McDaniel -- is the question of will PUDs be eligible for Live Local application. The statute says, the county must authorize multifamily and mixed-use residential as allowable uses in areas zoned for commercial, industrial, or a mixed use if at least 40 percent of the residential units are -- in the proposed multifamily rental development for a period of 30 years are affordable as defined by the Florida Statute 420. Staff has interpreted that "zoned for commercial, industrial, or April 9,2024 Page 35 mixed-use" to include your C-1 to C-5, your travel trailer and recreational vehicle, industrial, business parks, and then the following Planned Unit Development zoning: The commercial PUDs, industrial PUDs, commercial or industrial tracts within mixed-use PUDs. The example I utilize is NC Squared is a mixed-use PUD, because it allows for a commercial area and allows for a residential area. Staff's interpretation would be that that commercial area would be eligible; the residential area would not be eligible. So that's really the largest question that we are asking. A couple other applications I'll get through. But the feedback we're looking for is related to are PUDs eligible? I believe that the County Attorney has opined that we would be -- that we would be within our allowance to make that decision that PUDs were somewhat of an exception. Cormac Giblin, your Housing and Economic Development manager, provided -- or director, provided me with a 43 -- a 43-page PowerPoint that was recently put on at the end of March. Tampa, Sarasota, Pinellas Counties all participated. And one of the things that they focused upon -- and I'll get to that for a second. So very -- in the beginning of this presentation the question -- because it's not just unique to Collier County. The question was, are Planned Unit Developments eligible for Live Local Act? And the answer that they provided is, it depends. It says, "Consult your city or county attorneys." There's no clear guidance on this question. An example, Hillsborough County has stated that PUDs are eligible where places like Orange County have stated "PUDs are not eligible." I believe Mr. Klatzkow -- I don't want to speak for him, but I believe he has made the -- his conclusion was PUDs were somewhat April 9,2024 Page 36 unique, and they are -- they would not be eligible for the Live Local Act. They provided the arguments for PUD eligibility. The Texas statutes mandate applies in any area zoned for commercial, industrial, or mixed-use. The arguments against a PUD being eligible are PUDs are a type of negotiated contract and can't be unilaterally amended by the Florida Legislature, and it cites an article of the Florida Constitution: No bill of attainder, ex post facto law, or law impairing the obligation of contracts, shall be passed. So those are some of the legal arguments that suggest why you can or you can't exclude or include PUDs as eligible for Live Local. Ultimately, I think the Florida court system's going to provide for the final arbitration of this question, but staff is seeking direction from the Board of County Commissioners related to the eligibilities of a PUD. One of the things that I would also connect that decision to, I've cited the 91.77 units an acre that's allowed within the mini-triangle. That's a PUD. If you would say that PUDs would not be eligible for Live Local, the density that's associated with PUDs, I think, would also be excluded from that calculation. So it will change what -- the highest density that we've identified within our Growth Management Plan that's -- that would be allowed. So there is an interconnectivity to the decision of excluding PUDs that would -- if that decision is made, we would exclude the mini-triangle which provides that 91.77, and we'd fall back upon the future -- the Density Rating System within the -- within the Growth Management Plan which has a maximum cap of 25 units -- 25 units an acre. So with that, I mean, that's one of the first questions for your deliberation. CHAIRMAN HALL: Thank you, Mr. Bosi. April 9,2024 Page 37 Commissioner McDaniel. COMMISSIONER McDANIEL: Yes. And, Mr. Chair, I mean, this is -- this is one agenda item with a lot of questions and a lot of policy decisions that we need to make, and I'd like to make a suggestion that we vote on each one of these, 7.A, B, C, D, and E all the way through, and then the interpretation on the ZVLs independent of one another so we can have discourse and discussion, if that's okay, rather than -- because there may be -- there may be a place in here where we cross, and I don't want to fail the whole thing because I don't agree with staff's interpretation. So with that, I'd like to -- I'd like to make the suggestion that we -- CHAIRMAN HALL: That's a good suggestion. COMMISSIONER McDANIEL: Okay. And I would like to say to you, I don't concur with staff's opinions that PUDs should be included in the Live Local bill. My interpretation is -- and for very simplistic definitions -- hard-zoned properties; commercial, industrial, mixed-use, that sort of thing. I don't think that we should -- I believe every PUD stands in and of itself for what it is and how it is and is negotiated with regard to the impacts of that, and it would be my preference that we not include PUDs, MPUDs, CP -- pick all those extra things that are included in there -- and we only stay with the hard zone. CHAIRMAN HALL: Okay. Commissioner Saunders. COMMISSIONER SAUNDERS: I agree with you, Commissioner McDaniel. I think that there may be some issues here, and this may be one of them, where we ask the Attorney General for an opinion because we're -- this is the kind of thing that there's likely to be litigation somewhere. It seems to me that the argument is that a PUD ordinance is simply an ordinance. I understand the contract issue, but it's still a zoning ordinance. And April 9,2024 Page 38 so I think there's legal arguments on both sides of whether it's included in Live Local or not. We can make our decision, but our decision isn't really binding on anybody -- and if there's a lawsuit associated with it -- if we're wrong. So just a thought. Mr. Klatzkow -- MR. KLATZKOW: The AGO -- COMMISSIONER SAUNDERS: -- there are some issues here where an Attorney General Opinion might be helpful? MR. KLATZKOW: Your Attorney General's already opined that this does not apply to PUDs. COMMISSIONER SAUNDERS: Okay. Well, then that's -- even though that's not necessarily the last say on it, but certainly is the -- MR. KLATZKOW: It's just advisory. Attorney General is just advisory. COMMISSIONER McDANIEL: I'll make a motion on the -- do you want to do it per motion -- or per item, Mr. Chair? How do you want to do this? CHAIRMAN HALL: I mean, we can take a look at these. Like, 7.A is obvious; that's what it says. It's really not what we're talking about. But I -- let me hear from Commissioner Kowal first, and then I'll answer that. COMMISSIONER McDANIEL: Forgive me. COMMISSIONER KOWAL: Thank you, Chairman. And I kind of agree with my two colleagues here also. I feel that, you know, this was brought up. Tallahassee knew about it. They passed this the session before this past session. And they had a second bite at this apple this session, and it didn't seem like they cared or had any appetite to even really give clarity on the PUD subject. And the way I look at it is, like what our County Attorney stated, I think in a way they didn't give clarity to it because they April 9,2024 Page 39 understood that, you know, due to the Constitution and the way it's written and the one argument that was made in that process, that, you know, they are treading on grounds of violating an already arbitrary agreement amongst people. So you know, this is how I feel. And I never liked the Live Local from the beginning because I think it takes the power away from the local government to make decisions for their citizens at the citizens' level where it affects them and not the 66 other counties in Tallahassee that's now forcing our hand because they don't live here. So, you know, Collier's unique. You know, we know we -- you know, our whole county at one point was just agriculture, and we're going to go case by case depending on what we need or what we don't need. And I feel like we should still have that power. So thank you. CHAIRMAN HALL: So my comments are along the same lines. I think to include PUDs in the Live Local Act would be cutting our nose off to spite our face. The statute plainly says what's zoned C-1 through C-5 are the industrial and all that stuff. It does not even mention the PUDs. And the Live Local Act, the preemption of it all still sticks in my craw. And I think this is a way that we can make it more commonsensical for Collier County, as Commissioner Kowal said. And it's -- you know, we plan these mixed-use PUDs with residential elements and commercial elements in them. The commercial elements are there to service those residents within the PUD and the surrounding area eliminating traffic, eliminating trip links. And so it makes good sense as far as growth management planning and as far as long-range planning to keep that intact. And to strip that, I feel like it would just -- it wouldn't be prudent. So we can take a look at approve, you know, 7.A. How many have we got? I don't see the -- how many of these -- April 9,2024 Page 40 MR. BOSI: There will be four -- four additional questions. CHAIRMAN HALL: Let's take a look. So I'll make a motion to approve 7.A as it reads, not including the PUDs. COMMISSIONER LoCASTRO: Second. MR. MILLER: Mr. Chair, before the vote, we do have a public comment. CHAIRMAN HALL: Okay. MR. MILLER: Rich Yovanovich. I'm not sure what area. I didn't know we were bifurcating this, so... MR. YOVANOVICH: I didn't either. CHAIRMAN HALL: No problem. MR. YOVANOVICH: Good morning. For the record, Rich Yovanovich. I realize I only have three minutes, and actually I know what -- your decision's already made. So I won't need the whole three minutes to talk about the applicability to PUDs. You know, I just fundamentally disagree with your interpretation of the statute, which is fine. But what I really would like to know is what's the AGO number where the AGO has actually given an opinion on that? Because I was going to recommend you get an AGO opinion. I was also going to recommend since -- and the timing for what I'm about to say is probably not the best timing in light of the fact that, you know, John Passidomo just passed away. But the author of the Live Local Act is our own Senate President Passidomo. So perhaps -- why don't we just -- when the -- when things calm down we ask her, "Did this intend to apply to PUDs, or did it not intend to apply to PUDs?" I've heard two different interpretations, Commissioner Kowal, of why did the legislature not do anything. And the interpretation I heard was it was obvious that it applies to PUDs in the way it was April 9,2024 Page 41 written, so we didn't need to clarify whether it had applied to PUDs or not. I think this is a difficult issue. I think we should just take some time. I'd like to see the AGO. I'd like to be able to read it. It's news to me that there's an AGO out there. But I think if we could just take a few weeks, maybe ask Senator Passidomo or her office to weigh in and say what was intended by the Live Local Act because, candidly, the language is crystal clear. It says, "It applies to any area zoned commercial, industrial or mixed use." It doesn't say, "Except for PUDs that include commercial, industrial, or mixed-use designations." I think it clearly does apply to those areas and, candidly, that's against my pecuniary interest because I would make some money coming through the PUD amendment process to now change those uses to a residential use. But the legislature was there for a very important purpose, to address affordable housing. I know it sticks in every one of your craws that this was a preemption. And I understand the legal argument about contract zoning, and that's what a PUD is. But you-all change PUDs frequently because you adopted the Land Development Code, and you never say it doesn't apply to then-existing PUDs. You don't do that. So perhaps we should look at whether or not any of these changes you've made actually do apply to then-existing PUDs, because it's a contract, and you don't have the unilateral right to amend that contract. I think what the legislature did was clear. Most of the local government lawyers I've spoken to agree it applies to PDs or PUDs. You can take a different approach. But I think we have some local knowledge, and there's no rush to come up with an answer to this, and I think you should ask local representatives what the legislation intended to do, and then I'll wait for Mr. Klatzkow to give me the April 9,2024 Page 42 AGO number. I'll go read it. And that's what I was going to ask you to do is get an AGO opinion anyway today. Thank you. CHAIRMAN HALL: Thanks, Mr. Yovanovich. I have a question for the County Attorney. So if we decide not to include PUDs in the Live Local Act the way we interpret it, do we have the right to take it on as a case-by-case basis if somebody wants to put an application in and make that decision instead of just carte blanche? MR. KLATZKOW: You have two approaches. The traditional approach would be they'd be asking for a rezone, and they would go through that normal process. We could go off on a case-by-case basis, but then you're sort of looking at people claiming that it's an arbitrary decision. So as I'm thinking about this, probably the best result would be to say, just put in a rezone application and be done with it and do it that way, because we have a clear process for that. CHAIRMAN HALL: Okay. Thank you. MR. MILLER: I do have one more public speaker, Daniel Zegarac. MR. ZEGARAC: Good morning, Commissioners. Thank you for your time this morning. In terms of Live Local, I agree with Mr. Yovanovich that it should be slowed down a little bit. Maybe talk to some of our legislators. Ideally, I think discussions should be had asking how it affects the residents of Collier County. You know, I think -- I think Live Local has some issues now. I think Live Local doesn't get along with everything that we do and everything that our -- that our residents expect. So I know I'm being real vague. Maybe -- you know, maybe I should tell you I don't know how Live Local and our good buddy Bert Harris are doing, you know. And once we do get opinions and information from our State April 9,2024 Page 43 Legislature, I would -- I would recommend that you sit down and think about that, because they've got issues with laws that they've passed. So please regard what I'm asking you. Thank you. CHAIRMAN HALL: Commissioner Saunders. COMMISSIONER SAUNDERS: Thank you. A couple questions for Mr. Klatzkow. I think I agree with you when you said if we tried to do this on a case-by-case basis, then we're somewhat being arbitrary. I mean, either the PUDs are included or they're not. We can't say, well, this PUD's included, but we're going to make the decision that this one isn't. So I think we have to be consistent with how we deal with it. We can't -- I don't think this arbitrary picking one here and there would work. Mr. Klatzkow, I don't know if you were able to pull up on your computer there the AGO, if you -- I saw you -- you look like you were looking for something there. MR. KLATZKOW: Yeah. I sent it to you, actually. COMMISSIONER SAUNDERS: Okay. Can you -- can you tell us a little bit about it? Because that may give clarity to that. MR. KLATZKOW: I could send it to Troy, and we could throw it on the overhead if you'd like. COMMISSIONER McDANIEL: We don't need it. COMMISSIONER SAUNDERS: I have no issues with waiting for a couple weeks for us to digest what that AGO says, but -- MR. KLATZKOW: Basically, the AGO -- COMMISSIONER SAUNDERS: -- it sounds like you already know. MR. KLATZKOW: Basically, the AGO is saying it's for straight zoning. That was the intent. COMMISSIONER McDANIEL: Which is what we're doing. April 9,2024 Page 44 MR. YOVANOVICH: Could I have the AGO number? MR. KLATZKOW: I'll forward you the e-mail. CHAIRMAN HALL: Commissioner McDaniel. COMMISSIONER McDANIEL: I -- you know, having the AGO is good. I mean, we -- we all have expressed our thought processes with regard to the Live Local Act, and it's been shared with us by staff that it's this board's policy decision that will include or not include these other defined zoning. And I -- I stick to the original statement that I made at the beginning that my interpretation is similar to what the County Attorney has said, what my understanding of the AGO is, and that is hard zoning, period, the end. MPOs [sic] are not included in that thought process. So it would -- I don't have any -- I mean, at some stage it will be litigated. Somebody will -- somebody will sue along those lines if, in fact, they feel they have the right, and then we'll amend accordingly. I don't -- and, Commissioner Saunders, just for clarification, I don't think it would be arbitrary for us picking -- we're not picking one MPO over another or -- MPO -- PUD over another. We're not picking one over another. If an applicant wishes to amend a PUD, they have a -- we have a process for that amendment. If they -- if they ask for a rezone, we have a process for the rezone. And we can take those into consideration based upon the circumstances where those individual properties are located. So I -- I haven't -- I mean, with all due respect to our friends that have spoke here today, I have -- we've been dealing with this Live Local Act for a year and a half now, expressed our concerns when it first arrived in Tallahassee. And I think this is an appropriate suggestion by this board to set this policy now, give specific April 9,2024 Page 45 definition -- because we're going to move into multiple things on this agenda item here today that this decision will have impacts all the way across the board, all the way to the last -- the last one on today's agenda -- or on this item, and that's the Z -- the ZVLs. So I'm going to second the motion. I made the motion before you took it. I'll give it to you, Mr. Chair, and I'll second your motion. CHAIRMAN HALL: So the motion's made and seconded to not include the PUDs as part of the zoning. All in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN HALL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN HALL: All opposed? (No response.) CHAIRMAN SAUNDERS: All right. Moving to 7.B. MR. BOSI: Thank you. 7.B, a county may not restrict the density of a proposed development authorized under this subsection below the highest allowed density on any unincorporated land in the county where residential development is allowed. With the decision to exclude PUDs from the Live Local, that would exclude the mini-triangle; therefore, the highest density that we would allow by our Density Rating System would be 25 units an acre. COMMISSIONER McDANIEL: Move for approval on that one. COMMISSIONER SAUNDERS: Second. CHAIRMAN HALL: Moved for approval and second that the PUD would not be included in this. All in favor, say aye. COMMISSIONER McDANIEL: Aye. April 9,2024 Page 46 COMMISSIONER LoCASTRO: Aye. CHAIRMAN HALL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN HALL: All opposed? (No response.) CHAIRMAN HALL: Motion passes. MR. BOSI: 7.C, a county may not restrict the height of a proposed development authorized under this subsection below the highest currently allowed height for a commercial or residential development located in its jurisdiction within one mile of the proposed development or three stories, whichever is higher. And the nuance here would be the height that would be allowed within PUDs would be excluded from that search area. It would only be the -- it would only be the straight zoning that would provide for that height. COMMISSIONER McDANIEL: I'll move for approval of that one as well. COMMISSIONER KOWAL: I'll second it. COMMISSIONER McDANIEL: With the -- with the exclusion of PUDs and all those other staff-interpreted additions, yes. CHAIRMAN HALL: Move for the height restriction and straight zoning. All in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN HALL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN HALL: All opposed? (No response.) MR. BOSI: D, a proposed development authorized under this April 9,2024 Page 47 subsection must be administratively approved, and no further action by the Board of County Commissioners is required if the development satisfies the county's land development regulations for multifamily developments in areas zoned for such use and is otherwise consistent with the Comp Plan with the exception of the provisions establishing densities, height, and land use. Such land development regulations include, but are not limited to, regulations related to setback, landscaping, water management, parking requirements. And the way staff's applying that, that's the development standards that these projects would have to satisfy. We've identified the Residential Multifamily 16 zoning district as the highest density multifamily that we allow by -- within our LDC. And it has to be satisfied -- an example, the front -- the front and rear setbacks for the project would have to be 50 percent the height of the building but not less than 30 feet, the side yards 50 percent of the building but not less than 15 feet, and then every other development standard that's within our Land Development Code related to landscaping, to open space, to parking. All the components of the LDC would apply, but it's the standards of the RMF-16 multifamily zoning district that we would -- will utilize to evaluate these future projects. CHAIRMAN HALL: Commissioner McDaniel. COMMISSIONER McDANIEL: Yeah. And I just had a question for clarification, Mr. Bosi. You know, very specifically, 50 percent of the height, the 50 percent of the height, but not less than 30, does an applicant that comes in to -- that can't meet the 50 percent of the height request a variance or a deviation on their application, or does that administratively happen? MR. BOSI: Oh, that doesn't administratively happen. That would be a variance. It would be a public hearing. And April 9,2024 Page 48 those -- that would probably invalidate the whole Live Local process if you're going through a hearing process. MR. KLATZKOW: It goes to the Hearing Examiner. COMMISSIONER McDANIEL: Okay. And so if a deviation is requested, how does that conflict with the -- with the public hearing process on the Live Local Act? That's not my question. If we adhere -- if you're -- I say "yours" because you're the boss of Planning and Zoning. And so if your interpretation is to apply the RMF-16 development standards to the Live Local proposal and then that proposal comes in and doesn't meet the standards, then how do you overcome the deviation or variance process? MR. BOSI: The Live Local is clear. It says it has to satisfy every single one of your standards within your Land Development Code with the exception of height -- with the exception of height, density, and the third was land use. COMMISSIONER McDANIEL: Okay. My question to you -- forgive me. I didn't mean to interrupt you. Terri gets mad when I do that. My question is, would it be helpful for you if we eliminated the second portion -- because it's very clear 50 percent of the building height is your front yard setback and 50 percent -- and then side yard is 50 percent of the building height. That's an easy parameter to meet. But the others would require a deviation, and that puts us -- I think would put us in conflict. Would it not help you/help us if we specified that -- for the Live Local Act application, 50 percent of the building height for front and side-yard setbacks, period, the end? MR. BOSI: I mean, you can make that decision. It doesn't really -- it doesn't really have a bearing upon whether a project would need to seek a variance, because there could be some development April 9,2024 Page 49 standards that they're having a hard time with in terms of -- maybe it's open space. Maybe it's a -- maybe it is a setback. Maybe -- so -- and we allow for that process. The Land Development Code allows for that process. So I don't see -- I don't see any real conflicts or roadblocks by allowing for a project to seek a deviation if they can't satisfy all of the standards within the LDC within that RMF-16 zoning district. COMMISSIONER McDANIEL: So the pre- -- for my understanding -- and maybe I'm just confused -- a request for a Live Local Act has to meet all of the standards, and if they can't meet the standards of the 50 percent building height, they have to ask for a deviation and that precludes them from applicability under the Live Local Act because they're automatically thrown by our Land Development Code into a public hearing process? MR. BOSI: Correct. COMMISSIONER McDANIEL: So I'll move for approval of 7.D as it's written. COMMISSIONER SAUNDERS: Second. COMMISSIONER McDANIEL: Thank you for your indulgence. I apologize. CHAIRMAN HALL: No. That makes it clear. So we have a motion and second. All in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN HALL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN HALL: All opposed? (No response.) CHAIRMAN HALL: We're done. MR. BOSI: 7.E, county must consider reducing parking April 9,2024 Page 50 requirements for a proposed development authorized under this subsection if the development is located within one-half mile of a transit stop as defined in the county's Land Development Code and the major transit stop is accessible from the development. The staff's interpretation, the only form of mass transit available is the CAT system. Review of the definitions in the county's LDC doesn't yield a clear definition of what a major transit stop is. We don't define a major transit stop. We've interpreted that constitutes a bus stop on a CAT route that either has a covered bench at the intersection of two or [sic] major bus routes. Alternatively, the applicant always has the right to apply for an administrative parking reduction which would provide the justification for the reduction. In either case, the county must consider the request. But it's not -- it's not required to approve the request. It's just we have to consider it. So we are -- we're asking for -- and I did speak with Commissioner McDaniel about our lack of definition of what a major transit stop was, and I think that's one of the things we were going to ask the Board to opine, is a major transit stop more than just a bus stop with a covered bench? Is it -- is it one of the transfer stations that we have -- that we have at the government center? At Radio and Davis, I believe, is another one of the locations where the transfer stations are located. So looking for a tighter definition of what the Board would consider as a major transit stop. CHAIRMAN HALL: Commissioner LoCastro. COMMISSIONER LoCASTRO: Thank you, Chairman. More of the concern I had wasn't what the definition of a transit stop was, but I just thought it was a little ambiguous when it says, "The county must consider reducing parking requirements." So that gives us the latitude to decide we're going to reduce it by two spots, April 9,2024 Page 51 3,000 spots, it doesn't matter. You know, I just -- I thought there would be a little bit more specificity in there. Maybe not a -- not a math equation, but it just leaves it open case by case, correct? MR. BOSI: Correct. COMMISSIONER LoCASTRO: I mean, that's the best verbiage, okay. That was the only sort of question or concern I had. It just seemed a little bit thin. I think I know a little bit more of what a transit stop is than I do what a reduction in parking could/should be. And every case is different, so maybe it's a little vague. To give us the latitude is what I expect. But, you know, when I first read it without any kind of interpretation, that's the thing that jumped out at me. I don't know if anybody else had any questions or concerns about that. CHAIRMAN HALL: Commissioner McDaniel. COMMISSIONER McDANIEL: Yeah. And not to -- not to go backwards, but we'll go backwards. Let's deal with the parking issue, since you brought that up. I do have an opinion on the -- or a thought on the bus stops as well. But I believe, candidly, our parking requisites for multifamily are deficient as they currently sit. I brought that up during the Ekos project. Did some further expl- -- or exploration during that time. And just for my brain -- and I'm pulling -- I'm pulling from memory here, so forgive me. But if I'm not mistaken, our current LDC requires one and a half parking spaces per one-bedroom? MR. BOSI: Correct, correct. COMMISSIONER McDANIEL: And then an additional parking space for -- or a half a parking space -- MR. BOSI: I believe it's half a space when you go to another bedroom. COMMISSIONER McDANIEL: So my oversimplified statement -- and it goes right along those lines. I mean, a April 9,2024 Page 52 one-bedroom apartment can accommodate a couple. In our times, in our community, a couple means two cars, not a car and a half, and a half for a guest. So I would really rather we -- I would rather we eliminate the APR process at all just to -- just -- because that's an administrative approval that's being applied even on at-market units where APRs are coming in and being asked for. We've got parking deficits throughout this community in a lot of different developments throughout our community. So I -- the APR process -- and that's the administrative parking reduction -- I would rather see it not be applied here from -- and now I have -- and then I have a comment on the bus stops as well. And a covered bus stop certainly does not equate in my brain to a major transit stop. We have -- per my knowledge, we have three major transit stops: The one here in the complex, Radio Road, and in Immokalee, and I believe that those should be defined as our major transit stops. And we may add others that could be included at some stage. I know there are some plans for another transfer station in between Radio Road and Immokalee now. But, for now, I would suggest that those be the definition of a major transit stop only. CHAIRMAN HALL: Commissioner Saunders. COMMISSIONER SAUNDERS: Thank you, Mr. Chairman. On the issue of whether we have adequate parking requirements, I think that's an issue for another day. We do need to take a look at that, I wouldn't disagree with you. But on the covered benches, our policy is we're trying to cover all the benches, and every year we have a couple that we want to cover because it's a matter of funding, I think, more than anything else. So this would really open up, I think, almost every transit stop. COMMISSIONER McDANIEL: Right. COMMISSIONER SAUNDERS: So I agree that designating April 9,2024 Page 53 the major ones individually makes sense as we develop them. COMMISSIONER McDANIEL: And, you know, you're correct on the parking. That's -- how about if I bring an agenda item forward where we review that actual code in our LDC at a separate date? We don't have to address it now. But the definition for a major transit stop is, as I stated earlier, without repeating it. So I'll move for that to be the answer here. COMMISSIONER SAUNDERS: I would second that at this point. We can always add to that list of major transit stops. COMMISSIONER McDANIEL: Of course. CHAIRMAN HALL: Just as a thought, the whole end game here is to get affordable housing built in the county, and I love the decisions that we've made so far, as far as not including the height and the density requirements; however, on the parking thing, is it government's responsibility to determine a developer's parking prerogative? COMMISSIONER McDANIEL: Yes. MR. KLATZKOW: Yes. COMMISSIONER McDANIEL: Per the LDC. CHAIRMAN HALL: Because I think -- I think if we did -- it says, "The county must consider reducing parking requirements." So if we were allowing ourselves to consider it, ultimately the risk of burden is on the developer if there's inadequate parking. If there's a bus stop and it's not covered and there's people that are using it majorly, I mean, the developer can say, "At my expense, I'll make this transit stop a major transit stop to get the parking reduced." MR. KLATZKOW: Yeah. I mean, just keeping with the language of the statute, one approach would be for the Board to direct staff to come back with an actual definition and then a process as to the waiver, which I would recommend it be the Board's waiver. COMMISSIONER McDANIEL: For parking? April 9,2024 Page 54 MR. KLATZKOW: Yes. COMMISSIONER McDANIEL: Yes. And I think Commissioner Saunders and I already agreed we didn't really need to address the parking today. You're reading from staff's opinion here in the last sentence, and we can -- we can deal with the parking on a separate agenda item, sir. CHAIRMAN HALL: Sure. No. I just wanted to throw my thoughts out there. I'm not completely opposed to it, but I just -- I thought if I was a developer and I wanted to put some affordable housing in and I needed to do something with parking, I would want it to be considered instead of just squashed. So, Commissioner Kowal. COMMISSIONER KOWAL: Thank you, Chair. I don't want to keep beating a dead horse, but I kind of agree here with the language in the statute itself with the major transit spot. You know, once again, we learned how important a comma is. So if there was a comma between "major" and "transit spot," I would think that they're talking major and transit spots or vice versa. But I think it's definitely identifying a major transit spot. So I don't -- once again, I don't want to start changing definitions and words, you know, that have been around for hundreds and hundreds of years. So, you know, I kind of agree that I don't think a bench, covered, uncovered, or whatever, you can consider a major transit spot, you know, in my opinion, but I think the language is clear. So thank you. CHAIRMAN HALL: All right. So we have a motion and a second to not go with this. COMMISSIONER McDANIEL: No. To -- well, to define the major transit stop as I defined before. For repeating sake, it's -- there's three. One on site, one at Radio Road -- one on April 9,2024 Page 55 campus -- CHAIRMAN HALL: What about the -- COMMISSIONER McDANIEL: -- and in Immokalee. CHAIRMAN HALL: All right. What about the reducing parking requirements? COMMISSIONER McDANIEL: The reducing parking requirements are going to come up at a later date. They still have the right to come in and ask for, based upon their own individual circumstances, a parking reduction, but we'll deal with the overall parking at a later date. COMMISSIONER SAUNDERS: And the way this will work, Mr. Chairman, the way I read it, is if there is a major transit stop as we define it and there's a project that is within some distance of that major transit stop, we must consider reducing parking requirements, whatever they are -- CHAIRMAN HALL: So you're in favor of the way it reads, okay. That's what -- COMMISSIONER LoCASTRO: And we have the latitude -- CHAIRMAN HALL: I didn't know how to vote. COMMISSIONER McDANIEL: As we defined -- I don't mean to talk over you. But as we defined "major transit stop" being those three, and if it's within a half a mile of those three, we must give consideration to a parking reduction. CHAIRMAN HALL: I'm with you. So we have a motion and a second to approve it as it states. All in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN HALL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN HALL: All opposed? April 9,2024 Page 56 (No response.) CHAIRMAN HALL: Good. MR. BOSI: And that, actually, ends the policy decisions. This last question was about if you had a mixed-use PUD and the commercial was developed, would you subtract the density associated. PUDs are off the table. So this question's moot. So all the feedback staff was looking for and the policy guidance has, I think, been established by the Board of County Commissioners. CHAIRMAN HALL: Thank you. Commissioner McDaniel. COMMISSIONER McDANIEL: Yes. Before you go away, in regard to ZVLs, I would make a recommendation, from a policy standpoint, that the County Attorney's Office be included in every single one of those just to -- just to ensure that staff's interpretation of the code meets statute, meets our LDC, meets our GMP, and so we have an extra set of eyes. MR. BOSI: And under the guidance of County Attorney Klatzkow, we are providing the County Attorney's Office a copy -- a review of the ZVLs as we're issuing them now. COMMISSIONER McDANIEL: Before they go out? MR. BOSI: Before they go out. COMMISSIONER McDANIEL: Okay, good. CHAIRMAN HALL: With that, let's take a court reporter break, and let's come back at 10:45. (A brief recess was had from 10:33 a.m. to 10:46 a.m.) MS. PATTERSON: Chair, you have a -- I didn't have a live mic. Chair, you have a live mic. CHAIRMAN HALL: What's next? Item #13A April 9,2024 Page 57 PRESENTATION OF THE ANNUAL COMPREHENSIVE FINANCIAL REPORT FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2023, AND AUTHORIZATION TO FILE THE RELATED STATE OF FLORIDA ANNUAL LOCAL GOVERNMENT FINANCIAL REPORT WITH THE DEPARTMENT OF FINANCIAL SERVICES. (DEREK M. JOHNSSEN, CLERK OF COURT'S OFFICE DIRECTOR OF FINANCE AND ACCOUNTING) (ALL DISTRICTS) - PRESENTED; MOTION TO ACCEPT THE REPORT AS PRESENTED BY COMMISSIONER SAUNDERS; SECONDED BY COMMISSIONER MCDANIEL – APPROVED MS. PATTERSON: With your indulgence, we're going to jump to 13.A, since we have all of those folks in the house here. CHAIRMAN HALL: Sure. MS. PATTERSON: 13.A is a presentation of the Annual Comprehensive Financial Report for the fiscal year ended September 30th, 2023, and authorization to file the related State of Florida Annual Local Government Financial Report with the Department of Financial Services. Mr. Derek Johnssen, Clerk of Courts Office, director of Finance and Accounting, is here to begin the presentation. MR. JOHNSSEN: Thank you, ma'am. Good morning, Commissioners. Derek Johnssen from the Finance Department. We're here today to present to you the 2023 Annual Comprehensive Financial Report and the results of the Fiscal Year 2023 financial audit. This process requires the cooperation of all county departments and the county's constitutional officers. In particular, I'd like to April 9,2024 Page 58 thank my staff, county administration, the County Attorney's Office, and staff throughout the county and constitutional offices. This process starts in the middle of summer with interim audit procedures and culminates with the presentation before you today. We are proud to report that last year's 2022 annual report was the recipient of the GFOA's Annual Financial Reporting Award. That was the 37th consecutive year. I'd also like to plug our popular annual financial report, which is a bit more condensed and a much more readable version of what's before you today. And thank you. With me are Mr. Kessler and Ms. Mitchell. They're from the firm of Clifton, Larson, Allison -- Larson, Allen, the county's financial auditor, and we just have a short presentation to put before you. Thank you. MR. KESSLER: Thank you, Derek. All right. Good morning, Commissioners. Thank you for having me here this morning. I am pleased to present the results of the 2023 financial statement and compliance audit. Again, I'm Chris Kessler, principal with CLA. Joining me is the manager on the engagement, Alexandra Mitchell, who handled a lot of the day-to-day fieldwork with the team and worked with your staff here within the county and the constitutional officers. So I want to go through, just briefly, the services that we've performed and give a quick synopsis of the results of our procedures. So as a quick overview, our services that we are performing as it relates to the audit have not changed from prior years. So there's three main components of the services that we are providing. It is the audit of your financial statements for the year ended September 30, 2023, and that audit is in accordance with government auditing standards as is required. We also audit the federal compliance, which is known as the April 9,2024 Page 59 single audit. The federal guidelines are known as the uniform guidance that the county has to follow and we have to follow in performing our audit procedures. And then, of course, we also have to audit the state compliance, and that is for the state grants and various other components of compliance that the county has to comply with throughout the year. So the reports that we've delivered are in the large financial statement, the Annual Comprehensive Financial Report that you-all have in front of you. Again, these six deliverables have not changed from prior years, but these are the reports. And included within those reports are our audit opinion on the financial statements; our report on internal controls, which is where any sort of findings and internal control over financial reporting would be included; our independent auditor's report on compliance. That is our opinion on compliance with federal and state regulations; our independent auditor's report on compliance for specific Florida compliance criteria; as well as a management letter as required by the Auditor General. The governance communication letter is a letter that is issued to you-all as the Board. We're required to communicate under standards. I'm going to cover what I'll consider the key areas of that letter to you-all in the presentation here today. So the results of our procedures, we had an unmodified opinion on the financial statements. That means the financial statements are free of material misstatement. There are no issues within those numbers within that document based off our audit procedures. Our independent auditor's report on internal control had no findings in internal control over financial reporting. Our single audit report, which is the federal programs and state projects, the grants that you-all are expending during the year, we had two qualified opinions, meaning we had two instances of noncompliance, and then April 9,2024 Page 60 unmodified opinions on the other programs. So what that means is, is that everything was clean and within the compliance requirements except for two areas, which I'll highlight on the next slide as we get into some of the findings. Our management letter, we had no comments that were reported. We work with county staff throughout the year on any sort of recommendations, best practices, things along those lines. We don't put things like that, necessarily, in a management letter, as they're not findings. It's more of just suggestions, things we see elsewhere throughout other clients across Florida and across the country. Then, of course, we have an independent auditor's -- excuse me -- accountant's report, and that was also unmodified, attestation of opinion on compliance with state statutes. So generally clean all around. So our communications to you-all, the scope and the timing of the audit, it was preceded as planned. There were no changes, issues, anything along those lines. The county's accounting policies are in accordance with generally accepted accounting principles and practices. No difficulties were encountered in performing the audit. Significant risks that we have to address using our risk assessment, our auditor's judgment, they were addressed as planned. No issues, anything along those lines that we came across. We had three single audit findings which are -- again, that's the areas of noncompliance that were noted in looking at the administration of grant funds, and it was three programs. And without getting fully into the details on these, what these three findings really represent, it's not that the funds were spent in an inaccurate way or on non-programmatic expenditures. With every grant program, there's significant compliance requirements that are unique to those programs as far as reports that are filed, certain April 9,2024 Page 61 timelines that have to be followed. Just very, very specific rules and instructions. And the findings all relate to either gaps in the compliance being followed or things just not being done in a timely manner. They were done late, after the fact, not in the full compliance with the federal requirements. So we have to note findings when those three things occur, and so that's what those three represent. We have the actual programs that they are related to listed here on the slide. But from a going-forward standpoint, the county implements corrective action plans to say this is how we're going to address these, correct them going forward with a date for that corrective action, and that's also included in the financial documents that you have. And then when we start next year's audit, that will be the first thing that we start with is we will look at prior year findings, make sure they've been addressed as planned, and then we will continue going forward with 2024 planning and assessment. And then the last bullet here, I'd be remiss not to thank everybody that had a huge part in helping us complete the audit. It's a pleasure working with everybody here at the county. It's always a cooperative, collaborative effort to get our audit done throughout the year. We ask for a lot of information. As Derek said, it starts in June and ends here in March, so it is a nine-month process of providing support, answering questions, things along those lines, and everybody from the county departments, the Clerk's Office, and all the constitutional officers that play a part in this process were great and a pleasure to work with, so a huge thank you to everybody here within the county. Just some quick takeaways for 2023. So we talk about the results of the audit. Just a highlight, the county's federal grants and state projects are a big emphasis point from an audit standpoint. I know they're a big emphasis point from a management standpoint of April 9,2024 Page 62 you-all administering these. We audited over $64 million of the county's grant expenditures during 2023. And when you just look at the two I've highlighted here, the FEMA grant of 23.8 million and the coronavirus State and Local Fiscal Recovery Funds of 23.5 million make up over two-thirds of that. So as you-all continue processing FEMA claims, as some of these pandemic era funds continue to work their way through, those will still be a significant emphasis of audit going forward. There was a new accounting standard that the county had to implement related to GASB 96. I will not bore you with the details of that accounting rule. Just know it was a very large lift of everyone within the entire county to analyze all contracts for potential subscriptions that may meet the qualifications of this accounting role. There were no issues in the county's implementation. Everyone did a great job with it, and it was a big, big lift for everybody to get that done as clean as it was. So we're thankful for that as well. And then, quickly, financial highlights. I've just highlighted a couple of the results that are included within your numbers here. Your governmental activities, which is the accumulation of all your governmental funds, you had an increase of your net position of $257.1 million for Fiscal Year '23. Business-type activities, an increase of your net position of 66.1. And the General Fund, which is part of the governmental activities number there, there was an increased fund balance of $6.9 million there as well. So across the board, the majority of the funds had positive financial results that are within those numbers. So as you look through that financial document, these are just three of the many, many numbers that are in there, but your management's discussion and analysis that's included within there that's prepared by county April 9,2024 Page 63 management includes some of that narrative around why some of the numbers ended up the way they are, and that would be the area that really tells that story within the document. So that is the end of my prepared comments. So I appreciate you-all giving us some time to speak with you today. I'd love to pause for questions, comments from the Board. CHAIRMAN HALL: Mr. Kessler, you did great. And three things: I'm glad to know that we have money; I'm glad to know that we don't have any cases of unmodified attestation, whatever that is; and most proud that everybody was cooperative, helpful, and professional in the process. So great presentation. Thank you. MR. KESSLER: Thank you very much. MR. JOHNSSEN: Commissioners, we just need a motion to accept the presentation and accept the ACFR. COMMISSIONER SAUNDERS: Mr. Chairman, I'll make a motion to approve the acceptance of the report. CHAIRMAN HALL: All right. COMMISSIONER McDANIEL: I'll second it. CHAIRMAN HALL: All right. It's motioned and seconded. All in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN HALL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN HALL: All opposed? (No response.) CHAIRMAN HALL: Good job, gentlemen. And I would like to say thank you to all of the constitutional officers who participated in this, because I did hear the word "heavy April 9,2024 Page 64 lift," and I know that there was great effort in that, and I appreciate it all. Item #11B NAMING RIGHTS AGREEMENT WITH THE DAVID LAWRENCE MENTAL HEALTH CENTER, INC., RELATIVE TO THE COLLIER COUNTY BEHAVIORAL HEALTH CENTER TO GENERATE DONATIONS TO BE RESTRICTED SPECIFICALLY FOR USE WITHIN THE BEHAVIORAL HEALTH CENTER. (ED FINN - DEPUTY COUNTY MANAGER) (DISTRICT 3) - MOTION TO DENY AND STAFF TO BRING BACK AN AMENDMENT W/CHANGES AT THE APRIL 23, 2024, BCC MEETING BY COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER KOWAL – APPROVED MS. PATTERSON: Commissioners, that brings us back to Item 11.B. This is a recommendation to approve a naming rights agreement with the David Lawrence Mental Health Center, Inc., relative to the Collier County Behavioral Health Center to generate donations to be restricted specifically for use within the behavioral health center. Mr. Ed Finn is here to present, your Deputy County Manager. MR. FINN: Thank you, ma'am. Thank you, Mr. Chairman. Edward Finn, Deputy County Manager. If I may, Item 11.B involves approving an agreement with the David Lawrence Center that grants the right to raise funding through the -- through the naming of various elements of the new Collier County Behavioral Health Center. As planning for that behavioral health center has progressed, April 9,2024 Page 65 funding gaps for both furniture, fixtures, and equipment and facility operating cost needs have been recognized. David Lawrence Center leadership has met with key community -- community stakeholders to address these unfunded aspects of the program and develop the hope for Collier Building Stronger Minds Together campaign. Through this campaign, David Lawrence Center intends to raise critical funding for both capital and operating and maintenance of the new behavioral health center and earmark raised funds for that purpose. The funds raised through the program will be restricted for use at the facility. Funds will be maintained in a segregated account owned by David Lawrence and restricted specifically for the use in the facility, and the Clerk of Courts is authorized to inspect and audit the books and records. The naming program will be managed by David Lawrence. Donors will be required to execute a charitable pledge agreement. Each pledge agreement is subject to approval by the Board of County Commissioners. With that, I'll be happy to answer any questions. CHAIRMAN HALL: Commissioner McDaniel. COMMISSIONER McDANIEL: Let me get to my notes. I have an issue with this. I think it's leading us to a place that could be quite controversial. I would prefer that we -- I understand the rationale behind it that there's been talk about these deficits for furniture, fixtures, and equipment. There's been talk about the insufficient funds for O&M, operations and maintenance, and they need to be made up somehow, someway. I would suggest that a lease modification be the path that we travel with DLC, David Lawrence Center, in lieu of a naming rights agreement and a specific audit provision for our clerk. I would suggest that David Lawrence be allowed to get April 9,2024 Page 66 philanthropic dollars in any necessary manner that they can, and if a naming rights comes about, then great. And then in the event that there is requisite for additional county support to either offset the known deficits that have been described, that that's when our clerk could come in for an audit of how David Lawrence is, in fact, spending all of their money across the board as opposed to this agreement that's been brought before me. CHAIRMAN HALL: Are you saying allow naming rights -- for David Lawrence Center to do their naming rights to raise money but not -- just not to do it in this agreement? COMMISSIONER McDANIEL: Correct. And I think it's a -- it would requisite an adjustment or an amendment to the lease agreement with them to allow them to accept philanthropic dollars in other manners and utilize them in accordance with their general operations to either offset the deficits of FF&E or the O&M. And then, in the event that they need to come back to the county for additional assistance, then we can have discussions with regard to the Clerk's audit of all of their revenues and all of their expenses and how they're going. I really highly recommend that David Lawrence seek philanthropic dollars to assist, but philanthropic dollars don't -- aren't always reoccurring funds. And so when I was reading through this naming rights agreement, I saw potential for each individual case to have to come back to us, which could then put this board or this -- or our county in prejudicial circumstances approving one over another. And I'd rather we -- I'd rather we not be in that position if we're going to -- the county's going to own this facility. David Lawrence is going to operate this facility. And if they're going to seek and receive philanthropic dollars, I highly recommend that they have that accommodation be provided within their lease agreement. April 9,2024 Page 67 CHAIRMAN HALL: Great. Commissioner Saunders. COMMISSIONER SAUNDERS: Thank you. I may take a slightly different approach. First of all, Mr. Finn, in terms of how the ownership of this project is, can you -- can you go through those details? Because I know David Lawrence had purchased the property, the real estate. I know we're paying the lion's share, if you will, for the construction of the building. But what is the ownership structure of this whole project? MR. FINN: I'm going to go deep to try to answer this one. I think we're going to find that the David Lawrence Center -- it all had originally purchased the property through a selection process. The site was selected for this facility. There has already been Board action to essentially put in place a long-term lease with David Lawrence Center, and somewhere in that transaction I believe we are acquiring that property from David Lawrence Center. COMMISSIONER SAUNDERS: Is that correct, Mr. Klatzkow? So we will own the building and the land? MR. KLATZKOW: I'm not sure, to be honest with you. COMMISSIONER SAUNDERS: Okay. Well, I think it would be nice to know that. But I'd like to -- I think, in terms of the naming rights and some of those types of issues, David Lawrence Center has been doing this for a long, long time. We have not. And my sort of gut feeling is let's let them take the reins and run with it, and we need to stay out of it. Because you mentioned being prejudicial in terms of selecting one naming right person over another. I don't know that we want to be involved in any of that. We don't know how to do it, and I don't think anybody on our staff wants to learn how to. So I -- but I think the ownership issue is important, because if we own the building and we own the land, that's one scenario. If April 9,2024 Page 68 they actually own this and we're providing the funds to construct it, somebody's -- MR. KLATZKOW: This is ours. That center is the county's. We couldn't use the infrastructure sales tax if it wasn't. So we do control it. COMMISSIONER SAUNDERS: All right. So we own the land and the building, and they're going to -- they're going to manage it? MR. KLATZKOW: Yes. They're the operator. COMMISSIONER SAUNDERS: So I don't know if that changes, significantly, my thoughts in terms of naming rights and all of those types of things, because I know I don't want to be involved in that. I think that's too political when we put it into a process before the Board. MR. FINN: To steal a phrase, we can do anything, but we can't do everything, certainly not everything well. Yes, I would concur with that. CHAIRMAN HALL: Commissioner LoCastro. COMMISSIONER LoCASTRO: Yeah. I just wanted to give clarity, but the County Attorney already did. So we own the land and the building; they basically manage it. But, you know, there's a lot of different ways to raise money philanthropically. I didn't initially have an issue with this. And I agree with Commissioner Saunders, I mean, when naming rights -- and, you know, when I used to work at Avow, I mean, they had naming rights for water fountains practically, and it brought in a lot of money. And, yeah, sometimes there can be some prejudicial issues with, you know, two people that want the same thing. And I agree with Commissioner Saunders, let David Lawrence sort that out when they bring us a recommendation if we think there's an issue or we're hearing from citizens that, hey, there's something April 9,2024 Page 69 unfair going on. Well, then, maybe we're sort of the secondary party that is -- and I hope that doesn't happen. But I think we run the risk of sort of making this a little too difficult. What I read here sounded fine to me initially. So what I would say to my colleagues is, those of you that have raised an issue and have a problem with it, I need more clarity and more simplicity as to why your way isn't just different but it is better. And I'm open to hearing that. I guess I couldn't -- I couldn't decipher in the words. I was hearing more of just a different approach with the same end result, but I didn't hear the advantage -- or disadvantage. What I did hear with clarity was what Commissioner Saunders said, which is, you know, the same way I don't think the county should be in the real estate business, and a whole bunch of other things sometimes that we get into, I thought it was pretty clear, let the management team manage and bring us recommendations or, you know, maybe we get final approval on something if there's some issue or some -- you know, some sort of, you know, problem or what have you. But, you know, before I vote either way, I'm hearing, you know, some concerns from my colleagues, but I didn't hear it with enough specificity that made me think there was something wrong with this proposal that -- and like I said, there's so many different ways you can do it. What I heard -- and that's where I'm looking for you to correct it for me. I just heard some different ways to do it, but I didn't hear that it was any better. So I guess, you know, convince me either way, because I think what's currently proposed, I was prepared to vote for it without any hesitation at all. And like Commissioner Saunders says, we always reserve the right to have something come before us that maybe we have an issue with. And, you know, we're the overseers of David Lawrence, so it's not like they can just operate on autopilot. But, you know, with that, April 9,2024 Page 70 I'll leave it to my colleagues who have pushed their buttons with concerns, and maybe re-summarize what you're trying to, you know, have us all understand that you think is a negative with the current way or that you have a -- not a negative, but that you have a way that would make it more positive or better in some way. CHAIRMAN HALL: So before I go to Commissioner McDaniel, I want to just make a comment. When David Lawrence Center was here, I encouraged them to come up with their own money for the fixtures and the deficit, and I can see that this is a creative way to get that done; however, I -- like Commissioner LoCastro, I like the creative idea of them being able to do their naming rights. But now listening to y'all, I don't want to be the naming rights police, because if they get a large donation and it's from the Death to America Society, that's going to come before us, and we're not necessarily going to be in favor of that, and that could put us in a bad situation. So we're not saying that they can't -- we're not saying that they can't go to the public and raise money with naming rights. We're just saying that we don't want to be involved as the naming rights police, if that's what I'm hearing. COMMISSIONER McDANIEL: Basically. CHAIRMAN HALL: Okay. COMMISSIONER LoCASTRO: I mean, don't you think, though, if they got one of those, like you said, a million-dollar donation from an organization that totally was out to lunch, that they would kill it immediately; that they don't blindly just say, oh, a million dollars from Death to Police, we'll take it. I mean, I don't think they -- and I know that you're being extreme in your example, but it's a -- you know, that's what we're trying to avoid. CHAIRMAN HALL: Right. April 9,2024 Page 71 COMMISSIONER LoCASTRO: But I think that they wouldn't come to us and say, well, we got a million dollars from an organization that we think is a little bit shady but, you know, it is a million dollars. What do you guys think? I don't think they're going to -- I know they wouldn't drop that in our in-box and make us the police for it. I don't think that's the intention. And like you said, I think it leaves the responsibility in their court, and they would use good judgment, I would expect, as they have, you know, their entire history here in Collier County. You know, the responsibility sits with them, and they're trying to aggressively -- we all suggested to them that there's a deficit and come up with some ways to do it. This way isn't anything above the norm. Hell, we're looking for naming rights for our sports complex, you know. I mean, so this isn't something that's totally out to lunch, and managing it and overseeing it and being responsible with who you're going to accept naming rights from is an obvious responsibility of the task, I would think. CHAIRMAN HALL: Commissioner McDaniel. COMMISSIONER McDANIEL: Yes. And with that, if you want to speak up, County Manager. When I raised this concern yesterday, Commissioner Saunders said it a little more eloquently than I. But my concern is with the agreement for the naming rights that's been brought in. And I believe, under the current ownership interest and the lease of our property to them to manage, they require an adjustment to that lease to be able to accept philanthropic dollars from whatever manner, in fact, that they choose to do. And so that's my suggestion is that we not enter into this -- this naming rights agreement but adjust the lease to allow them to do those things accordingly, you know. And, specifically, Commissioner LoCastro, on No. 3 of the existing agreement, it says that the county reserves the right to deny April 9,2024 Page 72 such charitable pledge agreements if proposed naming adversely impacts the reputation, image, mission, or integrity of the county or is in violation. And I agree -- or is in violation with the naming policy at its sole discretion. And it -- as Commissioner Saunders said, it kind of makes us the police, and I don't want to be there either. So I suggest we amend the lease, give -- put a provision in there to allow them to accept philanthrop- -- the lease for the management of our facility, and allow them to accept philanthropic dollars as, in fact, they wish to do so, and if they want to name a bird fountain, so be it. MS. PATTERSON: Commissioners, we do have representation from David Lawrence here just in case you have any questions that you'd like to direct towards them. And I think the important thing today was that we at least understand your interest or tolerance for naming rights because they do have donors and others that they want to be talking to and didn't want to get out ahead of you. If we have to work through -- if it's by way of a lease or by way of some other type of agreement, I think that's okay. What they're looking for is that guidance that you're okay with at least the conversation about naming rights. No problem if you want us to look at another vehicle. And I don't know if you have anything you want to add, feel free approach the podium if you'd like to add anything. MR. FINN: If I may, Mr. Chair, Nancy Dauphinais, the chief operating officer for David Lawrence Center, is a registered speaker, and she may or may not want to speak. But, certainly, she will impress upon you that time is of the essence so that if the Board wants to direct us to, instead, do an addendum to the lease agreement, we certainly can do that. We just don't want to lose much time. And insofar as the Board deliberating on this, if they do not want to April 9,2024 Page 73 be engaged in approving these agreements, that direction probably will facilitate us getting this done quickly. MS. PATTERSON: I do see the Clerk also, if we can let her come up before we close out this conversation. MS. KINZEL: Yes. I'm trying to be timely today. I don't want to muddy the water, so what I will say is I've heard a couple of good things that I think would be workable and manageable. I'm struggling with the newest idea, however, of allowing the naming rights so you're literally making the dollars off of the county's assets privately. So there would need to be accountability in some respect because of the lease and because of those other agreements. So I think there are ways to structure this. I agree with you, Commissioner Hall, when it first came up, I was under the impression that David Lawrence was going to raise the funds for the equipment. So, now, if there is some agreement for the Board to help with that, either through naming rights or otherwise, we probably need to vet that a little closely. So I just wanted to offer that information. Thank you. CHAIRMAN HALL: Commissioner Saunders. COMMISSIONER SAUNDERS: Thank you, Mr. Chairman. I don't have any particular preference whether this is a lease amendment or a separate agreement. I think, from a legal standpoint, it has the same effect. So I don't have any issues with that. But I'll just reiterate, I think the Clerk will have to audit those revenues because, as she said, that we're -- these are dollars coming in naming a building that we own. I understand that. But in terms of naming and making those selections, my view is leave it 100 percent with David Lawrence. I don't think they're April 9,2024 Page 74 going to do anything that would be controversial or something that we would find objectionable. They've been here for a long time, and they're going to be here for a long time. So I just don't want to be involved in trying to go help -- or decide whether the water fountain's going to be named after Mr. X or Mr. Y. But I do believe that the Clerk should have full auditing responsibilities over any revenues associated with those naming rights, and the naming -- and that revenue has to be restricted to operating the facility, and I think David Lawrence understands that. So that's just my view. I don't care if it's in the lease or a separate agreement. CHAIRMAN HALL: Commissioner LoCastro. COMMISSIONER LoCASTRO: Yeah. I mean, I had some notes written down here but, I mean, I'll just say, I confirm -- I concur with Commissioner Saunders. If the lease adds a little extra something, I mean, I think it's six of one, half a dozen of the other. But if it's something that other commissioners feel strongly about, I still think it gets us the final end result. So I would just echo what Commissioner Saunders said. I would support this with lease or no lease but, you know, obviously we want to try to move forward here. I don't think putting it in the lease makes me not want to support it or that it's required. So to me it's either way, but I think in the end, being able to move forward. You know, I'll echo and say we obviously want strong Clerk of Court oversight. So, you know, when Crystal came up here and said, you know, there's many ways to do this, I think we defer to her and say, "Bring us the best way," you know, or let us know if they're not doing the best way. But, you know, I'm not here to slow this down over a couple of details that I think we can still work through while this still moves forward in a positive direction. So that's just my view. April 9,2024 Page 75 CHAIRMAN HALL: Commissioner McDaniel. COMMISSIONER McDANIEL: And I don't have any preference on how we do this. I just don't want to be in a position of being the -- as was stated, the police for who gets to name what, period. I believe, if I'm not mistaken, the Clerk has the right and should audit any lessee that's utilizing government -- our government buildings. So I -- so how we get there really doesn't matter to me, but I don't want this lease -- I don't want this naming rights agreement. So I'm going to make a motion for -- MR. FINN: If I may, sir, just for clarity. The audit requirements will remain in. The Board is pretty clear they do not want to be approving the individual "namees," if you will. And with that direction, I believe the commissioner is also going to suggest that we make this an addendum or an amendment to the current lease agreement, in which case we will take all those things into consideration and bring that back at your direction, sir. So if you care to make that motion, that will be fine. COMMISSIONER McDANIEL: I'll make that as the motion then; that's what I said at the beginning, yes. CHAIRMAN HALL: So just to be clear, David Lawrence Center have the ultimate right to raise their funds on their own, naming rights, if they so choose. We're going to make an adjustment to the lease for them to have the right to raise money from the philanthropic -- did I say that right? -- community. COMMISSIONER LoCASTRO: Yes. CHAIRMAN HALL: And do we want to add anything in there with the ultimate right to refuse any name? COMMISSIONER LoCASTRO: That was going to be my question. I just think that there should always be a line in there that gives us the ultimate sort of trump card. And I don't expect them to April 9,2024 Page 76 bring us something that was controversial, but if you didn't have it in there, it could be a problem. And by being in there, I think it makes it more -- makes it as correct as possible. It might just be sort of an official type of thing at the end, but I think something needs to be in there giving us the ultimate authority to reject something should something be going in -- I don't know the right sort of verbiage, but -- and I'd be fine with the lease. MR. FINN: Maybe I'll ask the County Attorney, but perhaps some after the -- MR. KLATZKOW: I think we'll come back. Ed and I will talk about this, and we'll come back at a future agenda. COMMISSIONER LoCASTRO: But I would say not too long time. I mean, if you're saying time is of the essence -- we're not building the Empire State Building here, so make the change, and let's see it at the next meeting. MR. FINN: Our intent would be to bring this back as quickly as possible. It should be fairly routine. CHAIRMAN HALL: Commissioner Saunders. COMMISSIONER SAUNDERS: Thank you. So I think I'll use the phrase that some of you have quoted in the past, "words matter." And when you say that the Board has the ultimate final decision, if it's going to be something that might be problematic in some way, I think that opens the door to if two people are trying to name something, and do they appeal to us? I just think we should be out of it completely. And if David Lawrence Center does something stupid and names it after some organization that is reprehensible, which they would not do, then there would be a price to pay in terms of their philanthropy going forward. So I just -- I just don't think we should be involved in the naming of that, because however you phrase it, if we're the final arbitrator, that means it comes to us, or -- April 9,2024 Page 77 COMMISSIONER LoCASTRO: I didn't -- so I would just be clear -- and I don't disagree with you. I think saying we're the final arbitrator and regardless of what they name is not my intention. But having something in there to say in there to say that we reserve the right, that means we may never do it, but it gives us a one-line in there that says should we see something or should we all get a thousand e-mails from an organization, it just -- it gives us the latitude to possibly. So I don't want to be the person that rubber stamps every water fountain, but I thought -- but, you know, as an attorney, you know, yourself, if -- like, I don't disagree with what you said. I thought the intention would be a one-liner at the end, just make -- not making us the ultimate approval of every single naming, but reserving the right should the case arise. Although it might be overkill. We might be splitting a hair here. I agree with you, this is an organization that I don't think's going to bring -- name something that's super controversial. And if they did, exactly as you said, Commissioner Saunders, boy, they would -- it would be on them. But then it could be on us by somebody saying, "Gosh, you didn't put a line in there that gave us guys the authority that in the unlikely event you could jump in?" So that's all I was saying. CHAIRMAN HALL: That was all my intention. Commissioner McDaniel. MR. FINN: And if I may, Mr. Chair, the underlying pledge between the person making the donation does, in fact, have a clause not dissimilar to what you're seeing here relative to the relationship between David Lawrence Center and the donor. So that exists there within the system that we're setting up. CHAIRMAN HALL: Commissioner McDaniel. COMMISSIONER McDANIEL: And to that point, every single one of our lease agreements has the cancellation provision for April 9,2024 Page 78 convenience. So as Commissioner Saunders said, if David Lawrence does something not to Hoyle, we cancel the lease. And so we have that ultimate right without actually stating it to be the arbitrator on a particular -- on a particular donation. So I think making the -- as been suggested, making the lease agreements to them as the management of our building, we're covered. The Clerk is auditing their facilities and their operations. So I think denying this naming rights agreement is a prudent way for us to go. CHAIRMAN HALL: Commissioner LoCastro. COMMISSIONER LoCASTRO: The only thing I don't like about what you just said is putting the lease in jeopardy because we have a disagreement over a naming. It seems to be jumping to, like, Step 10. And so that's why I thought we'd take a smaller bite of the apple and we just say, "If we have a discrepancy on naming, you know, we reserve the right to have a conversation with you." What I'm hearing you say is, "Well, it's in the lease, and we could always cancel the lease." Whoa, whoa, whoa. If they name a water fountain after the wrong person, all of a sudden the lease is in jeopardy of being canceled? I just think that's a bridge too far. I don't want to -- you know, like I said, I don't want to split hairs here, but -- and we do want to get this right. But I wouldn't agree with that, hanging the lease over their head that if they have a misstep -- and having done this, like I said, with another organization in town, a Hospice organization, when two people want to name a water fountain, and they're both legitimate people, they're not a controversial organization, you know who gets to name it? Whoever writes the biggest check. That's what naming rights are all about. So there usually isn't some sort of controversy unless it's some April 9,2024 Page 79 sort of an individual that has maybe a shady background or an organization that we don't want to be associated with. But, you know, sometimes 10 people come forward and they all want to name the operating room in a hospital, and the person that gets to name it is whoever's the most generous. I mean, that's what happens, and then there's no controversy. It doesn't come to us. David Lawrence Center comes and says, we had 10 people that all wanted to name the building, and we gave it to Mr. and Mrs. X because they were the most generous. And, of course, we're trying to raise the most money. But I wouldn't want to put the lease in -- and I know the spirit of what you're saying. I just want to pull back on the stick a little bit because I just think that that's a little bit -- a little bit of a bridge too far for something that we might just disagree on that's at a smaller, lower level rather than just, well, the lease is in jeopardy. I don't think we want to put the lease in jeopardy over the naming rights of, you know, a room or a water fountain like we keep saying, but that's my thought. CHAIRMAN HALL: Yeah, I agree. I mean, with the right to refuse, it doesn't mean we'll ever -- and when you think about the David Lawrence Center, a class organization, we'll never see this. But we're not always going to be here, the people that are running it are not always going to be here. So the future board, if anything -- we all know how the moral character of the country declines rapidly. So if there was anything that ever popped up in Collier County, the Board would have the right to have that discussion. It doesn't mean that they're going to be arbitrarily approving everything or -- we're totally going to give it into the hands of David Lawrence Center but with the right to refuse. And that's all I was -- that's really where I'm comfortable at. If you don't want that and you just April 9,2024 Page 80 want the -- just the adjustment in the lease, I'm comfortable with that, too. So we have a -- what's the motion? COMMISSIONER LoCASTRO: What's the motion? COMMISSIONER McDANIEL: The motion is to not accept this naming agreement as presented and make the necessary adjustments in the lease, and then we can review those when they bring it back. CHAIRMAN HALL: Okay. Motion is to -- is to deny that. All in favor of denying it, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN HALL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN HALL: All opposed? (No response.) COMMISSIONER LoCASTRO: I will just -- CHAIRMAN HALL: Did we get a second? COMMISSIONER LoCASTRO: I'll second it, but I'll second it -- CHAIRMAN HALL: In retrospect, Commissioner LoCastro seconds the motion. COMMISSIONER LoCASTRO: I'll second it with an asterisk saying that I don't think any of us are here kicking this to the curb. You know, and maybe we didn't even need to vote on it because a lot of times, too, when we have an issue, instead of voting, we say, "Hey, staff, come back to us at the next meeting with a better one." So I don't want the message to be that five commissioners voted against David Lawrence Center's naming of anything. What we've said is we think there could be stronger wordage/verbiage here, and we want April 9,2024 Page 81 you to come back in no later than two weeks, so that we're not burning the candle too slowly, and bring us back something that we can all -- I don't know that a vote's really required here because what we're saying is we want you to come -- but maybe it is. But I don't really think it is. And I don't want to give the -- like I said, the wrong impression that all five of us here just shot this down. What we've done is we all agree that the wording could be tighter to make us all feel better. MR. FINN: I think we're clear. I think the Board is supportive of this in concept. We're going to bring this back in the form of an amendment to the lease. We will be considering some high-level right of refusal at some high level to propose to the Board, and we will expedite it as much as possible. CHAIRMAN HALL: Yeah, good. COMMISSIONER LoCASTRO: So maybe no second needed, and, you know, we'll see you in two weeks. COMMISSIONER McDANIEL: We're being called to vote on this naming rights agreement, so... CHAIRMAN HALL: All right. So we have a motion to deny this naming -- this agreement. Do we have a second? COMMISSIONER KOWAL: Second. CHAIRMAN HALL: We have a second. All in favor of not approving this service agreement, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN HALL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN HALL: All opposed? (No response.) CHAIRMAN HALL: Okay. See you in two weeks with the April 9,2024 Page 82 lease agreement. MR. FINN: Very good. Thank you, sir. COMMISSIONER SAUNDERS: That's not an FSU tie, is it? COMMISSIONER LoCASTRO: I think it's a Harry Potter tie. Nancy, you'll work with us, right -- MS. DAUPHINAIS: Yes. COMMISSIONER LoCASTRO: -- to get us the right verbiage? CHAIRMAN HALL: You hear our heart, right? COMMISSIONER LoCASTRO: Yeah. He's a Hufflepuff I think, right? MR. FINN: That's funny. Item #11C ALTERNATIVES FOR THE COMMUNICATION TOWER SITE AT MAX A. HASSE JR. COMMUNITY PARK AND DIRECT THE COUNTY MANAGER OR DESIGNEE TO EITHER: 1) TAKE NO ACTION ALLOWING THE EXISTING LEASE TO EXPIRE ON MAY 20, 2024, PURSUANT TO CROWN CASTLE’S TERMINATION NOTICE, AND AUTHORIZE THE COUNTY MANAGER OR DESIGNEE TO PROCEED WITH COMPETITIVE SELECTION OF A WIRELESS COMMUNICATION TOWER TENANT AT MAX HASSE COMMUNITY PARK OR; 2) UPDATE GROUND LEASE TERMS WITH CROWN CASTLE TOWERS 06-2 LLC, A SUBSIDIARY OF CROWN CASTLE USA, AND RETURN TO THE BOARD FOR APPROVAL OF THE UPDATED GROUND LEASE AT A FUTURE MEETING. (ED FINN, DEPUTY COUNTY MANAGER) (DISTRICT 3) - MOTION TO APPROVE OPTION #2 AND BRING BACK AMENDMENTS AT THE APRIL 23, 2024, BCC MEETING BY COMMISSIONER April 9,2024 Page 83 MCDANIEL; SECONDED BY COMMISSIONER LOCASTRO – APPROVED MS. PATTERSON: Commissioners, 11.C is a recommendation to consider alternatives for communication tower site at Max Hasse Jr. Community Park and direct the County Manager or designee to either, one, take no action allowing the existing lease to expire on May 20th, 2024, pursuant to Crown Castle's termination notice, and authorize the County Manager or designee to proceed with competitive selection of a wireless communication tower tenant at Max Hasse Community Park or, two, update ground lease terms with Crown Castle Towers 06-2, LLC, a subsidiary of Crown Castle USA, and return to the Board for approval of the updated ground lease at a future meeting. Mr. Ed Finn, your deputy county manager, will begin the presentation. MR. FINN: Thank you, ma'am. Mr. Chairman, Ed Finn, Deputy County Manager. Relative to this site, I guess just to kind of start at a super-high level, this is to consider these alternatives for this tower site at the Max Hasse Community Park. It provides -- the item provides a discussion of that situation. The tower site has been under a lease agreement since 2010 with Crown Castle assuming the lease in 2013. Today we have an unimproved tower site and a termination letter from Crown Castle that is effective on May 30th of this year. That being said, our objective today, much as the County Manager said, is to -- Option 1 is to take no action, allowing the lease to expire, potentially authorizing the County Manager or designee to proceed with a procurement effort to get a tower constructed on that site. April 9,2024 Page 84 The Alternative 2 is to update the lease terms with Crown Castle Towers 06-2, LLC, a subsidiary of Crown Castle USA, and return to the Board with approval of an updated ground lease. Some of the considerations: The letter I mentioned, the establishment date was mentioned, the current -- the current rent is approximately 78,4 -- 78,400 per year. That is probably 20- to $30,000 higher than our typical lease. That being said, this is viewed as one of our best -- best performing ground leases, if you will, with the exception, of course, of not providing a tower. That being said, the terms that we've discussed -- and perhaps I'll just site this a little bit for you. You can see the arrow points to the Max Hasse site. And on the site, you'll see the tower location is parked kind of in the middle, a fair distance away from the property boundaries. Some of the considerations that Crown Castle has suggested, the height adjustment is one of simply allowing the lease to go up to the permitted height that currently exists as opposed to a limit that was established in 2010. They were looking for some consideration in reducing the rent to make this economically feasible, in their view. And we had some alternatives that we would consider negotiating with them if the Board elects to move in that direction. With that said, I guess I'll just go back to the considerations, if you will. This is kind of where we -- where we see the options at this point in time. I will say that Peter Verdachia of Crown Castle, I believe, may have registered to speak, so he could answer any questions for you. And Mr. Bosi, of course, is here, and he, too, could answer any questions that you may have. CHAIRMAN HALL: Let's hear the public speaker, and then we'll go into our comments. MR. MILLER: Mr. Verdachia. April 9,2024 Page 85 MR. VERDACHIA: Good morning, Mr. Chairman, Mr. Commissioners. I am Peter Verdachia. I am a project manager with Crown Castle Real Estate, and I am -- have been working with Mr. Finn and Jennifer, Ms. Belpedio, on possible renegotiation of the ground lease that exists at Max Hasse park for the construction of a communications tower. To date, we have paid roughly 700,000 in ground lease expenses over the last 13 years since we acquired the site from AT&T. We have not been able to construct the tower due to the economic issues and the space constraints associated with the existing terms of the ground lease, and so we have proposed to amend the ground lease pursuant to what you have seen, and we have worked with them to come to that -- a rough agreement and would like to be able to proceed with those negotiations, establish an amended lease agreement sufficient -- with terms sufficient for us to proceed to construction of the tower site and solicit wireless carriers to install. I would also add that this -- the agreement that we -- what we've agreed to includes allowance for Collier County public safety to install at multiple RAD centers and includes ground space rights for Collier County public safety as well. CHAIRMAN HALL: How do you say your last name? MR. VERDACHIA: Verdachia. CHAIRMAN HALL: Verdachia. MR. VERDACHIA: Yes, sir. CHAIRMAN HALL: I have a question. So we've had this lease for, you said, 13 years? MR. VERDACHIA: Since 2010, so 14 years, yes. CHAIRMAN HALL: Okay. So you haven't been able to construct a tower because of the ground lease. So why, nine years ago, didn't you come to us and say, "Hey, if you'll just adjust the ground lease, we'll get you a tower in the air"? April 9,2024 Page 86 MR. VERDACHIA: I wish I could answer that question. CHAIRMAN HALL: Me, too. MR. VERDACHIA: I've seen e-mails where we did try to renegotiate it with Michael Dowling back when he sat in the real estate position at Collier County. That was, I believe, back in 2019/2020. This -- the lease agreement was originally established by AT&T and acquired by Crown Castle. And so I've -- I've only sat in this role for two years, and I've been working diligently to have this lease amended sufficient so we can construct the tower for those two years. It's taken a good bit of effort and time to get to this point. CHAIRMAN HALL: Great. Thank you. Commissioner McDaniel. COMMISSIONER McDANIEL: My questions are two, I mean, and I feel as strongly as the Chairman does with regard to the lack thereof a tower, et al. My question for staff is, what prohibitions on the existing ground lease terms and conditions have been prohibitive for the construction of a tower? Do they want to build a higher tower than what we currently allow? MR. FINN: As I understand it -- and Mr. Verdachia can speak more specifically -- I believe that the lease that we're charging, which has a fairly aggressive adjustment every year, it's limited to CPI or 5 percent. And as I noted, at 78,000, it is our best performing tower lease site. It has been represented to staff that that is a fiscal dynamic that makes this difficult to be profitable. There is also a relatively small footprint. This is about a 900-square-foot lease presently, and the request is to increase it to a 2100-square-foot plus potentially a need for a little more space for buffer. So economic factors combined with limited square footage is April 9,2024 Page 87 what's been represented to staff as why this hasn't been done in recent memory. I cannot speak back 10, 14 years on this either. COMMISSIONER McDANIEL: And we don't really need to go there. I guess, what's going to get us to having a tower as quickly as possible? We have the need. The need is past due. MR. FINN: And I'm glad you asked that. I will say quite specifically if you sign a lease for a tower site and you fail to compel the construction of a tower site in that lease, you end up with this situation. So in the -- if the Board were to elect to move in the direction of renegotiating the tower lease, we would establish a framework to compel the construction of that tower as much as possible. MR. KLATZKOW: The lease limits the tower to 160 feet. MR. FINN: That is one of the considerations going forward would be to adjust that height to what is allowed under code today. COMMISSIONER McDANIEL: And that -- MR. FINN: That is one of the considerations. COMMISSIONER McDANIEL: -- may be, then, a larger footprint for -- for the existence of the tower other than what currently is allowed under the existing lease? MR. FINN: And I will let Peter respond to this. I will say the request is to go from about 900 square foot to 2100 square foot. The specifics of why that's required, perhaps I can toss over. MR. VERDACHIA: Yep. I'll be happy to speak to that. So we need the additional ground space to be able to collocate all the major wireless carriers. And so they need a specific amount of space to place their shelters, emergency backup generators, as well as ice bridges and everything else that goes into a tower. That turns out to be roughly, you know, a few pieces of 10-by-20 space. And so that, in combination with the space that we are providing Collier County, that is the amount of space that we are looking for to be able April 9,2024 Page 88 to solicit all of the wireless carriers and do so quickly without having to come back and renegotiate for additional space each time we get interest from a wireless carrier. CHAIRMAN HALL: I hear you thinking. COMMISSIONER McDANIEL: Well -- COMMISSIONER KOWAL: I smell something. COMMISSIONER McDANIEL: Sorry for thinking so loud. MR. FINN: And if I may, sir, what's proposed here is to have the tower constructed in two years with an incentive to get it done in 18 months. The incentive being the rent would stay the same until the tower is completed. If it's completed in 18 months, we would then credit them for the difference in the rent. If it goes to 24 months, they wouldn't not be credited for that, but the rent would change, when the tower was constructed, to a lower rate. The other area of interest is -- also requested is a 30-year extension, which would bring this ground lease out to 2071, which is a long way out. The nature of these towers typically tends to be long term. That may, in fact, be a bridge too far. But we'll leave that to negotiation if the Board directs us to do so. COMMISSIONER McDANIEL: And in comparison to other tower leases that we, in fact, have, you said that this is the most lucrative. Is it the most lucrative because it's just gone up by 5 percent a year for the past 20 years, or however long it's been in existence? MR. FINN: Thirteen, 14 years. Part of it is the annual adjustment. Part of it is it was established at a reasonable rate. I believe it was in the high 30s when it was established in 2010, so -- and it was either the CPI or the actual rate of inflation. So, certainly, the last two, three years it has accelerated in its adjustment. COMMISSIONER McDANIEL: Well, my initial inclination was to allow the expiration and go back out for bid and go through April 9,2024 Page 89 procurement again, but that doesn't spell a tower, a direly needed tower. And so I'll be interested to hear what the rest of my colleagues have to say. CHAIRMAN HALL: Commissioner Saunders. COMMISSIONER SAUNDERS: Thank you. I guess a couple comments, and then maybe a question or two here and there. I'm not concerned about the past. If they've paid $700,000 over the last 13 years, that's not an issue. That's not a factor in going forward. The fact that this is higher performing than all of our other leases isn't really a factor either. What is a factor is what is the now going market rate for a space with -- and I have no issue with 2100 square feet. What is the going rate now for a communications tower? And I don't know if staff's had the ability or the opportunity to explore the market, talk to people that are in that business to see what types of rentals are available, but I think that that's what's important is what is that rental worth today going forward, not anything in the past? We do have a lease that's going to expire, we have a termination letter, and we do have a process for soliciting proposals. And I'm just throwing this out as maybe that's the way we should go to make sure that we're getting the right price. I'm looking at numbers here, $2500, 3 percent annual escalator. I don't know if that's anything reasonable or not. I know that staff has had some -- I assume you're struggling a little bit with what is this really worth. Well, there's really only one way to find out, and that is to explore the market through some competitive selection. I don't know if that slows us down significantly or not, because I think staff is pretty capable of getting a request for proposals or invitation to April 9,2024 Page 90 negotiate or something out pretty quickly. But I'm just throwing that out because I'm concerned about what is really the right answer, not necessarily what is the quick answer to get a tower up as quickly as possible, which we want to do, but at the same time making sure that we're protecting the taxpayers in terms of getting what's fair and right for this project. CHAIRMAN HALL: Commissioner Kowal. COMMISSIONER KOWAL: Thank you, Chair. I look at it in a way you're looking at it, Commissioner Saunders, too, but I'm also looking at, you know, if we walk away today and say, all right, let's put this out to bid, let's -- you know, procurement, and -- but I think we're going to have to pretty much make these adjustments to make it -- you know, dangle that carrot to make it for somebody else willing to come in and do what we need. Because the way it's written now with the 160 foot and the footprint they've been paying to have, I guess, for the future, and what they're asking for now, what staff is kind of recommending is pretty much what would have to go out to bid anyways. So we would be -- you know, especially if we want our public safety to be on there, and the 160 foot probably wouldn't be suffice, the footprint wouldn't be to right size. So in reality, what they're asking for is basically what we'd have to put out to bid. You know, I don't know if that would be any quicker going through that process than it would be to just, you know, renegotiate this lease and have them start. And this other question, I don't know if it's for Mr. Finn or you, sir, do you know if -- because I know our ordinance for the towers, we've been visiting that for the last several months, and, you know, the ordinance itself's been pretty antiquated compared to what the new construction can do and how they can be constructed. I mean, did that play any kind of role in these numbers that we were looking April 9,2024 Page 91 at back in the original lease with the 160-foot due to the footprint or vice versa. MR. FINN: I'm going to guess that the 160-foot established in the lease probably was pretty close to the limit at that point. I believe the limit now is 180 -- -85 -- MR. BOSI: Correct. MR. FINN: -- foot. Okay. I'm doing okay so far. COMMISSIONER KOWAL: So 185 -- if we keep the footprint the same, what's in the lease, or if we go out to 2100? MR. FINN: I'm not sure the footprint is relevant. It's only relevant to the business operations of the tower. COMMISSIONER KOWAL: All right. So that's depending on how many other groups they have attached to the tower, like AT&T? MR. FINN: Yes, yes. As Mr. Verdachia said, he needs the additional ground space for the -- to serve the needs of the tower occupants. COMMISSIONER KOWAL: So anybody else that would bid on this in the future possibly will probably need the same exact thing he's asking for, then? MR. FINN: I would think so. This is where we're at. If the Board were to direct us to bring back a negotiated lease, we have been looking at market, and it is a difficult market to evaluate what the right price is. We would do some more work on that. The proposal we have is probably lower than it should be to start off, given the consideration we're going to be -- or we would be providing. So we certainly, if directed, would bring that back, would kind of tighten up on our market analysis, and bring back a recommendation that, as best we could, achieved that market requirement for price. April 9,2024 Page 92 CHAIRMAN HALL: Commissioner LoCastro. COMMISSIONER LoCASTRO: I'm going to simplify this a little bit. Listen, you've had all these years to build a tower, and you haven't built one. If the lease is about to expire, I say let it expire. Put it out for bid. You're certainly allowed to bid on it, but a whole bunch of competitors will as well. We're going to take the best deal, and then we're going to tell those competitors, don't take 14 years to build a tower, take 18 months, or you're not going to get the bid, or there's going to be some sort of penalty. And I think if that slows down the system a little bit, guys, we haven't built anything in a decade, or whatever the years were, so it's not like we've slowed down -- it's been slow. So this is the -- you know, when your lease is about to run out, that's when you come here way earlier than this, as Commissioner Hall said, and say, "Oh, my gosh, you know, we don't want to lose this, and how do we need to change the parameters of the lease?" And you know what, putting something out for RFP is how you'll find out what the market is and how competitive it is. And if somebody really wants this plot of land and can do it much faster than what hasn't been done in the past, then we'll sort that out. And if somebody can't and they rebid, hey, you know, you might get the -- you might get the bid, and you might wind up paying a heck of a lot more, but it's because you had to outbid, you know, your competition. This is a competitive process. And just as you said, Mr. Finn, we don't really know what the competition is. That's what an RFP is for. If we put it out for bid and they're the only bidders, then we know, wow, the market isn't as competitive as we thought. Nobody really wants it. And I don't think that takes a whole lot of time. We've put things out for RFP here, and our direction to the staff has been, "Please accelerate this." We did it right after the April 9,2024 Page 93 hurricane, and we said, you know, "Don't make this be a two-year process. Get it out. It's an emergent type of thing." This may not fall in the emergent category but, you know, this shouldn't take five years to find out if we've got a better company or if these guys can sharpen their pencils and rebid on a lease they've had. But the tower never showed up, and now it's about to expire. So I'm all for letting the lease expire unless somebody can talk me out of it. I think, to me, this one's very, very clear from a business standpoint. I realize the importance of the tower, but that importance has been important for a while, and we still haven't put shovels in the ground. So maybe it's time to send them a strong message by saying, you know, we're going to -- we're going to see what the competition is out there. And if you want to compete, jump in. And, you know, it might cost you a little bit more, but we're not going to sit here and hand massage this lease that you've had for a while, especially when it's about to expire and we don't know what the competition is. And I have a feeling the competition's pretty strong out there. And as you said, I believe this is below market value right now, especially with how things have changed. And if I'm wrong, an RFP will prove that. So that's just my position. CHAIRMAN HALL: Well said. Additionally, I came in here to just nip this in the bud and start over, just like you said. But that doesn't -- what's really important is that we get a dang tower. That's what's important. COMMISSIONER McDANIEL: Amen. CHAIRMAN HALL: The amount of money on the lease is secondary. The term is -- you know, if we go with somebody new, it's going to be 30 years anyway. I like the changes. I like the height. I like the fact that local agencies are going to have some space on there that -- you know, a tower should be a tower that's April 9,2024 Page 94 going to benefit the community. I'm not -- I'm not sold on what the rent is. Commissioner Saunders had a great point. We ought to find out -- we ought to find out what the market value is and match that. We've got a bird in hand, and that's worth two in the bush as far as getting something done. I don't necessarily agree with giving them 18 months or two years. We can shorten that term way down. I mean, the man has stepped up to the podium with intent to do it. I think -- you know, he's been here two years. We can't crucify him. It would be easy to try to, but, you know, he's here now saying, "Hey, we want to build a tower. We just need to do it like this." So we have a lease that's not due until, what, the end of May? MR. FINN: The letter actually terminates the lease as of May 30th. CHAIRMAN HALL: Okay. So we can rescind our letter if we need to. If we -- MR. FINN: The tenant presumably could rescind the letter. CHAIRMAN HALL: Okay. My point is, I think we have time to find out very quickly what the market value is, adjust these terms to that, get something done that's agreeable with them, and get a tower to the public. And if that can't be done, then I'm all about what Commissioner LoCastro just said, nip it in the bud, start over with, and see where the chips fall. Commissioner McDaniel. COMMISSIONER McDANIEL: Yes. Is my understanding correct that the current lease expires at the end of May? MR. FINN: No, sir. There's a -- the tenants initiated a letter to terminate the agreement effective May consistent with the terms of the lease that provided for 90-day notice of termination from the tenant. COMMISSIONER McDANIEL: Okay. And so the current April 9,2024 Page 95 lease goes for another 90 days after the end of May? MR. FINN: No, sir. The current lease goes to 2031, from memory, if I'm not mistaken. COMMISSIONER KOWAL: '41, I think. MR. FINN: '41. Very good. COMMISSIONER McDANIEL: And there's no language in that to compel the contractor to build a tower in the existing lease? MR. FINN: No. There's no -- there's no penalty for not building the tower. What I would say is May 30th should give us time to bring an item back. Rather than rescinding what we have, I would say we come back before you with a negotiated lease amendment, and the fact that that termination exists actually should provide a little incentive for the tenant to consider what the Board has said here today. COMMISSIONER McDANIEL: Does the existing lease have a "termination for convenience" clause on our behalf like most all of our others do? MR. FINN: I'm going to say I am uncertain. I do not think so because we probably would have exercised it, had it existed. MR. KLATZKOW: Yeah. The lease provides we can terminate for cause. COMMISSIONER McDANIEL: Well -- and would cause be not building a tower? MR. KLATZKOW: Unfortunately, no. COMMISSIONER McDANIEL: Okay. No. So the May 30th termination is generated by a letter from the tenant? CHAIRMAN HALL: Yes. COMMISSIONER McDANIEL: And, concurrently, the tenant has offered an alternative negotiated lease for lesser rate and more April 9,2024 Page 96 space? MR. FINN: Essentially, yes. Staff has had some alternatives to that. And if the Board were to direct us to negotiate that, we would work on the tenants and try to achieve the Board's goals including crunching down the schedule for the tower construction with some incentives, carrot or a stick, whatever's the appropriate thing, to try to achieve it a little bit quicker. COMMISSIONER McDANIEL: So if we -- of the two choices, if we take, No. 1, we go back out to bid and we determine what the real market is and allow the lease to expire per the termination letter that we've already received? MR. FINN: Are you asking me how long it would take for that alternative? COMMISSIONER McDANIEL: Yes. CHAIRMAN HALL: To the second. MR. FINN: I would tell you it will take us at least six months to get through the bidding process. Then once they bid, they have to come up with a design. They have to get their SDP in place, then they have to construct it. The construction timeline, let's say, that's 12 months. You are talking two and a half or three years, in my estimation. COMMISSIONER McDANIEL: Alternative 2 would cost us about 30,000 a year. We have a compelling -- we have compelling language in that Alternative 2 that compels them to build a tower within 18 months or so -- 24 months with an incentive to get it done within 18 months? MR. FINN: With the incentive, it was 18 months from, essentially, being ready to go, lease in place. That was with the incentive. The outside would be 24 months. And given the Board's direction, we probably would try to crunch down that 18 months a little tighter to try to achieve those goals. April 9,2024 Page 97 COMMISSIONER McDANIEL: Well, I -- initially, I was -- I was more in line with going with Option 1 and going out to market. But my greater concern is our community and the dire need for -- to the minute as to when we're going to have a tower that we -- we're past due. I certainly -- I want to derive as much revenue as we can for the county's assets with regard to the utilization of those assets, but in all sincerity, if we can have a tower there in less than two years, less than -- certainly less than three years if we throw this to the wolves and let the market determine it, which could take up to three years, I would be more inclined to go with Option 2. MR. FINN: Understood. CHAIRMAN HALL: Mr. Verdachia, I have a question for you. So you're Mr. Crown Castle this morning. You're on the spot. MR. VERDACHIA: Yes, sir. CHAIRMAN HALL: If we come back to you with what you've proposed to us and, instead of $2500, we come back at market rate, just for an arbitrary figure, 4100 bucks, is that a deal killer for you? MR. VERDACHIA: I believe it would be. CHAIRMAN HALL: Okay. So if we come back to you with a squeeze on the time, instead of 18 months down the road you beginning and we say we'd like to see you begin before this time next year, would that be a deal killer? MR. VERDACHIA: I think we would begin, essentially, as soon as we could. As soon as we had an amended and restated lease agreement, we would begin the due diligence process, including surveying, all the stuff that goes into the construction of a tower pretty much immediately necessary to get the zoning approvals and everything to be able to proceed to construction. CHAIRMAN HALL: Okay. So if we go to market and we find out what the market rate is and it's higher than 2500, then you're April 9,2024 Page 98 saying that that would -- that would kill your deal? You wouldn't be willing to talk about that? MR. VERDACHIA: No, sir, I'm not saying that. I will say that 4100 would -- CHAIRMAN HALL: I just said that just -- MR. VERDACHIA: And we did, you know -- CHAIRMAN HALL: An amount higher than 2500. MR. VERDACHIA: I don't -- no, I wouldn't say that it would. We would have to take it back for consideration. Staff did propose an increase, and we met somewhere in the middle. And so we're proposing, as shown, the 2500, and then staff proposed a different amount, and I believe we met in the middle at 3,000 with a slight change to the escalator. And so that is a slight improvement, and I believe that's shown in the agenda as 3,000, but please correct me if I'm wrong. CHAIRMAN HALL: Okay. Great. Commissioner Kowal. COMMISSIONER KOWAL: Thank you, Chair. I'm just going to try to put my opinion on what I think's happening here. Maybe this will clarify some of my members on the Board. You know, it's not uncommon for companies to acquire properties and pay a lot of money for it for future -- future sites or future endeavors to build on at some point, because it secures them locations that may be sought after by other people. I don't know how long AT&T owned it or had a lease with us for this property, but evidently, they didn't build a tower either. At some point Crown, back in 2013, acquired this property, signed a lease with us. And what I think is going on here is Crown is now ready to build a tower, and I think going into the process, they're looking at 6,300 -- or '530 dollars a month is above market rate, even April 9,2024 Page 99 though they were paying it to secure the property in the future to build a tower and not let anybody else have that opportunity other than Crown; that now they put this notice in. We didn't put the notice in. They could sit back and just keep paying their $6,500 all the way till 2041. We have no say in that, and they still wouldn't build a tower. I think their initiative is now you want to build a tower, and the money they paid over, in abundance, to keep this property for that opportunity someday to build the tower, like we're at now, is why they're coming back to renegotiate with -- and put the letter in with the intent to renegotiate and maybe bring that number down to a more market price, not 6500. I don't know. Correct me if I'm wrong, but I think that's what's kind of taking place here. And if we do go with what the staff and the Crown organization's been negotiating, you know, they're talking 3,000, but that only kicks in once the tower is complete, correct? So they're still going to go pay 6,500 over the next, possibly, two years or 18 months to completion. MR. FINN: That would be staff's intent, to provide an incentive for them to complete that, and then if it is completed on time, we would then credit them the rent above and beyond the negotiated amount, credit that back over time so they would get the benefit of that. And if I may, there's no zoning required on this property, rather a Site Development Plan and a building permit is all that's required, so -- COMMISSIONER KOWAL: That will even expedite the process even more. MR. FINN: It should expedite. And as I was reminded, this is not a building or a construction that we inspect, but rather it's done through providers. It's outside of the building code. April 9,2024 Page 100 COMMISSIONER KOWAL: Well, I think that -- you know, if somehow we can test the market with established towers and what people pay in a similar-sized tower with similar customers on it, and maybe roll this down the road before the May 30th date and say, "All right, maybe we are close, 3100, $3200, maybe this is a deal that could work," we end up getting a tower within 18 months and not waiting three years, put it out to bid, and take the chance that we don't get anybody that's a better deal. There's always that chance. So I don't -- you know, I don't have a problem with us doing a little bit more legwork and see what the market is out there for an established tower with rental. I don't even know, what do other people pay us? MR. FINN: In the -- approximately, 40- -- 38- to 40- -- $40,000 a year. I don't know the ground acreage or the ground area that each tower uses, but that's -- my memory tells me that's about the range that we're in. And there's another one, I think, at about 65,000. COMMISSIONER KOWAL: So we're talking 36,000 annually at the 3,000 mark? MR. FINN: At 3,000, and that would be our bare minimum that we would enter into this lease. And whether or not we go out to 2071 would be something that we would also attempt to negotiate. We'd look at our other leases and make sure it's consistent with that and try to do a market analysis. And this company needs the time to recover its equity in the site. I don't know whether it's 2071 or lesser amount. COMMISSIONER KOWAL: Yeah, so I guess where I'm going is I don't have a problem with us doing a little bit more legwork on our side. But at the end of the day, this might be our best option before May 30th to come to some sort of agreement with Crown and get another lease. April 9,2024 Page 101 But I'll leave it up to my fellow colleagues up here how they feel. CHAIRMAN HALL: Commissioner Saunders. COMMISSIONER SAUNDERS: Thank you. Mr. Klatzkow, is there an ability to assign this lease, or could you take a look at -- typically, there would be a right to assign which, perhaps with the approval of the county, without -- and that approval would not be unreasonably withheld. I'm just curious if there's an assignment provision in there. It's not really relevant too much, but just for curiosity. MR. KLATZKOW: There is an assignment provision, yes. COMMISSIONER SAUNDERS: And what does it provide? MR. KLATZKOW: They may sign a lease if they give us notice, and be -- it does not say that we've got the right to say no. COMMISSIONER SAUNDERS: So they could freely assign the lease. And I'm not suggesting that there's anything nefarious or anything. But if they've got somebody else that may want to pay $6,000 a month for a lease, they could assign this lease to somebody else? MR. KLATZKOW: Except that they terminated. COMMISSIONER SAUNDERS: No, I understand. But I'm just saying if we don't -- if they eliminate their termination and we start going -- and we go forward with this lease amendment where it's $2500 a month and we extend the term, theoretically they could sublease -- or they could assign this at a higher rate. That's just theoretically. I'm not saying anybody would do that, but... MR. KLATZKOW: Yes. COMMISSIONER SAUNDERS: Okay. But anyway, my issue -- I don't care if these folks build a tower or somebody else builds a tower. My issue was making sure that we're charging a rental rate that is reasonable without consideration of the April 9,2024 Page 102 600-and-some-odd-thousand dollars that's been paid in the past. That's a -- that was a business decision that was made that may not have been the best one, but that's in the past. If staff can come back with some information concerning what the rental rates should be -- and you've given us other towers right now. I think you said one of our towers are paying $60,000 a year, and you mentioned a couple different numbers that are substantially higher than what this number would be. MR. FINN: Than the 36-, yes, I believe there are some that are higher than that. In the event the Board directs us to bring this back, we would strive to do so before May 30th, and we would provide all that information. We would use it in negotiating with the tenant, and we would provide that information to the Board when we bring that back before the Board. COMMISSIONER SAUNDERS: My issue, again, is just to make sure that we're getting the right amount of rent going forward. Whether it's $36,000 a year or $46,000 a year, that's important to me. And if it turns out that this is the right fair market rental and we raise the height of the tower and the square footage of the area, that's fine. We could amend the lease and go forward with that, but I need to know what the rental rate should be. MR. FINN: Very good. CHAIRMAN HALL: Commissioner LoCastro. COMMISSIONER LoCASTRO: Nobody's looking to prematurely end this lease. So if the lease goes until May 31st, you've got five weeks to sit down with Crown, and if Crown really wants to keep this lease, negotiate aggressively, and come back to us with something smart -- and that includes doing a fair market value assessment, and if they're not amenable to paying more because that's what the market will bear, then on the 1st of June, we don't have Crown anymore, and we put it out for bid. I hope that doesn't April 9,2024 Page 103 happen. Like you say, we have somebody here. We're halfway there. We're maybe not looking to start from scratch, but I can tell you, nobody's put a shovel in ground and built this tower for years, so we are sort of starting from scratch. But knowing we have until the 31st, you know, Crown, ball's in your court. If you don't want to -- you don't want this lease to expire and lose the opportunity to have that piece of property and build a tower, then do everything humanly possible to work with our staff and then come back here and let us know, are we going to extend this lease maybe with different terms that everybody's agreeable to, or if not, like you said, you know, there's a possibility you would say no, okay, well, then we would know that as well. But knowing that the lease goes until May 31st, then nobody here, I don't think, is looking to end it today. What I would say is you've summed up the best, Mr. Finn, let's sharpen our pencils, go back to the drawing board and then come to us and see if this is a lease that we want to continue to support or we want to watch it expire and see what's out there on the market? But that might mean that there's going to be some renegotiation with them as more information comes in on the value and can they really build it in 18 months and, you know -- you know, Commissioner Kowal said at our last meeting -- and I won't say what the topic was, but he made the comment, "I'm not sure we have the right team," right, you know, on this one particular project. And sometimes, you know, you sit here and go, "The lease is good. The money might be off by a few hundred dollars or this or that," but in the end you sit here and go, "Can these guys actually do it," or is there -- are there five other companies out there that are salivating to take -- to take this lease over on June 1st or at least negotiate with us at a higher rate, at a more proven -- have a more April 9,2024 Page 104 proven concept to build something quickly, you know, et cetera, et cetera, et cetera. I don't know the answer to that, but what I would say is I would support giving them until the last day of their lease, and hopefully sooner, to negotiate something that we think makes it smart for us to continue in a business deal with Crown and put pen to paper with something that has much more specificity, more definitive goals and, yes, maybe even a much more market-rate competitive price than what is currently on there. That's what I would support. So I don't think it's making a decision to end the lease now. It's to come back to us, just like you said, before this lease expires and see, do we want it to expire, or do we want to amend it in some way, and then if they're acceptable to it. If not, then we're going to have to put it out for RFP, but we don't have to do it today because the lease still has another five -- what is it? Four -- seven weeks left, so... MR. FINN: Absolutely. What we need today is direction on how to proceed. It is clear to me that there's -- the Board absolutely wants this tower constructed, and as you might imagine over the last three years, when we hear about service difficulties in the Estates, that has become staff's primary focus as well. So notwithstanding the rent discussion, our primary focus is to attempt to provide the public -- public service that this tower potentially could provide. That -- to be candid, that is our primary focus. CHAIRMAN HALL: Commissioner McDaniel. COMMISSIONER McDANIEL: And needs to be our primary focus. Getting as much rent as is fiscally possible is important, but the tower -- COMMISSIONER LoCASTRO: Is more important. COMMISSIONER McDANIEL: -- is more important, period. April 9,2024 Page 105 Do we have the extra land that they're requiring or requesting to be able to accommodate the extra equipment? Is there enough room there? MR. FINN: We believe there is. COMMISSIONER McDANIEL: At Max -- I'm sorry. MR. FINN: As we kind of further engage in this, we'll make sure that we get some preliminary -- preliminary survey information so that we're not beating down a dead path on this one. But my sense is that we will be okay with that. COMMISSIONER McDANIEL: Okay. Well -- and so -- and I think it's important for us to remember this lease is only expiring because we got a termination letter. CHAIRMAN HALL: From them. COMMISSIONER McDANIEL: From them, so -- COMMISSIONER LoCASTRO: Yeah. COMMISSIONER McDANIEL: -- this is being generated by the -- by the tower company specifically. So I think Option 1 is our best path. That doesn't mean that they can't -- they can't renegotiate the lease. We have some more data available for what is, in fact, fair, and then our staff come back to us before this May 30th date of the existing termination letter. MR. FINN: And if I may, I think I have the recommendation pursuant to the executive summary on the board. So we're going to -- we're going to proceed actually with updating the ground lease terms with the current tenant and attempt to bring back to the Board something that we can agree to and the staff can recommend to the Board. COMMISSIONER McDANIEL: That gets us the tower quick. MR. FINN: Yeah. Effectively, we're taking a little bit of action. We're not just going to allow the letter to run, if you will, sir. COMMISSIONER McDANIEL: Okay. April 9,2024 Page 106 CHAIRMAN HALL: Mr. Verdachia, you hear our heart. You hear what we want. We want a tower -- MR. VERDACHIA: Yes, sir. CHAIRMAN HALL: -- but we also want to be good stewards of the taxpayers' money. MR. VERDACHIA: Absolutely. CHAIRMAN HALL: So it's not personal. It's personal. MR. VERDACHIA: I completely understand. And I -- as a taxpayer, I appreciate it. CHAIRMAN HALL: So we're going to -- we want to come back very soon. Like, I'd love to see this in two weeks. It's just what the market rate is. Conversations with them, something that we're comfortable with, squeeze the timeline down a little bit so we can get a tower started, and I think you have the will of the Board to get that done. MR. VERDACHIA: Thank you. CHAIRMAN HALL: So do we just -- COMMISSIONER McDANIEL: Option 2, motion. COMMISSIONER KOWAL: Two. COMMISSIONER LoCASTRO: It's kind of a hybrid of 2. Can you pull up 2? CHAIRMAN HALL: Option 2 is just a -- MR. FINN: I think it may be on your screen at this point. COMMISSIONER LoCASTRO: Oh, okay. I'm sorry. MR. FINN: Beg your partner. Sorry about that. COMMISSIONER KOWAL: Enter into negotiations. COMMISSIONER McDANIEL: Right there. Option 2, update the ground lease. So I'll make a motion for Option 2. COMMISSIONER LoCASTRO: Second. CHAIRMAN HALL: Motion and second for Option 2. We'll come back at a later time for some details. All in favor, say aye. April 9,2024 Page 107 COMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN HALL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN HALL: All opposed? (No response.) CHAIRMAN HALL: Good. Get 'er done. COMMISSIONER LoCASTRO: See the opportunity you have here to make your all predecessors look like fools? And you're the person that made this a huge success. CHAIRMAN HALL: Mr. Crown Castle, you did good. COMMISSIONER LoCASTRO: That's right. Thank God they hired you two years ago. MR. VERDACHIA: If only they'd done it, like, four years ago. COMMISSIONER LoCASTRO: Absolutely. There you go. I like that answer. CHAIRMAN HALL: You tell them. COMMISSIONER LoCASTRO: We got that on the record. I hope your bosses heard that. Item #12A – Moved from Item #16K3 (Per Agenda Change Sheet) THE CHAIR TO EXECUTE A SETTLEMENT AGREEMENT IN THE LAWSUIT STYLED AARON OLDFIELD V. COLLIER COUNTY, (CASE NO. 22-CA-1851), NOW PENDING IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA, FOR THE SUM OF $130,000. (ALL DISTRICTS) - MOTION TO APPROVE BY COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER HALL – APPROVED April 9,2024 Page 108 MS. PATTERSON: Commissioners, that brings us to Item 12.A, formerly 16.K.3. This is a recommendation to approve and authorize the Chair to execute a settlement agreement in the lawsuit styled Aaron Oldfield versus Collier County now pending in the Circuit Court of the 20th Judicial Circuit in and for Collier County, Florida, for the sum of $130,000. This is being -- this was moved to the regular agenda at Commissioner McDaniel's request. With that, I'll hand it to the County Attorney. MR. KLATZKOW: Yeah. And I'll hand it to the commissioner. CHAIRMAN HALL: Commissioner McDaniel. COMMISSIONER McDANIEL: It's been handed off to me. I'm going to make a motion -- by the way, I'm going to make a motion for approval of this because -- because... When I was reading this agenda item -- and I wanted to bring this up and have a discussion with our -- with our risk folks. Should we -- should we give consideration to some additional insurance for our automotive utilization by our staff? I know our -- I know times are different now. Circumstances are different. The community is different. People are traveling. People are -- some of the -- some of the benefits of employment come with the utilization of a government vehicle. And given the litigious society within which we operate, I know that there -- statutory limits for exposure are 200,000, and this settlement is certainly within that boundary. But the question is: Are we at the -- are we at the time frame when we should be exploring additional insurance over and above the statutory limitation? MR. QUIGLEY: Commissioner McDaniel, Commissioners, Michael Quigley, director of Risk Management, for the record. Sir, this is something that we do annually upon renewal. We're April 9,2024 Page 109 constantly checking different forms of insurance. With regards to deductibles and self-insurance, it all basically comes down to the premium dollars savings that the county enjoys. A lot of the times, too, what we are subject to is the capacity that the insurance carriers are willing to offer us. And in this case, because of the size of Collier County, they may only offer us a $300,000 self-insured retention. So in this case we're really in the best spot because we do enjoy the savings of premium dollars. COMMISSIONER McDANIEL: I understand we're enjoying the savings of premium dollars. But my question is: Is it -- or do you only look at the premium dollar exposure in relationship to the insurance coverage that comes with it only at renewal? MR. QUIGLEY: I wouldn't say that we just wait upon renewal. This is a constant annual -- I mean, we're constantly looking at what our potentials are. When you're talking premium dollars versus insurance, we're always looking at what is out there for the best benefit of the county. In this particular case, we're looking at the savings in premium dollars certainly outweighs any cost that we're paying in this particular claim. This is an unusual amount that we are paying at this particular time. Normally our cash dollars and claim payments are far less. COMMISSIONER McDANIEL: I understand. And I guess my -- maybe I'm not being clear with my question. And the statutory limit is 200,000. The original request, the original statement of exposure was far -- relatively speaking, far in excess of the 130- settlement that's, in fact, been reached. Do you have an estimate as to what the premium expense would be for the county? MR. QUIGLEY: I'm trying to figure out actually your question. The premium expense as far as? COMMISSIONER McDANIEL: We don't -- we're April 9,2024 Page 110 self-insured. MR. QUIGLEY: Yes, sir. COMMISSIONER McDANIEL: We have no premium expense. MR. QUIGLEY: Correct. COMMISSIONER McDANIEL: Do you know what that premium expense would be if we had one? MR. QUIGLEY: I know we're saving, you know, in excess of millions annually. I can't give you an exact right now. I can certainly research it and get that for you. COMMISSIONER McDANIEL: I won't belabor the point anymore. I'll make a motion for approval, and I'll speak with you off-line. MR. QUIGLEY: Okay, thank you, sir. CHAIRMAN HALL: Commissioner Kowal. COMMISSIONER KOWAL: Thank you, Chair. I didn't think a whole lot about this till Commissioner McDaniel pulled it and I started taking a deeper dive into it. But I didn't see enough supporting evidence leading up to where we came with the 130 -- $130,000 number. Just knowing from my former life, I know that Florida's a no-fault state and then by statute their own insurance should pay for their medical bills. And I saw there was a reference to medical bills, covered medical bills and, by statute, I think the word "serious" has to come into play. Do we know -- I didn't see any accident reports. I didn't see anything in the, you know, supporting documents. Was that a serious injury sustained from this accident? MR. QUIGLEY: I'll let -- MR. TOMASKO: Ron Tomasko, Assistant County Attorney. To answer your question, Commissioner Kowal, in this instance, April 9,2024 Page 111 the gentleman did have a serious bodily injury. It was a rear-end collision at a traffic signal, and he did have surgery to his neck as a result of the accident. Unfortunately, he was uninsured, so that's why the numbers were so particularly high in this case. He had no form of insurance, so the providers were able to basically bill the sticker price, if you will, for the care that he received as a result of the surgery. COMMISSIONER KOWAL: Well, that makes sense. The no fault statute wouldn't have kicked in, because he was uninsured. MR. TOMASKO: Uninsured, right. All right. CHAIRMAN HALL: I'll second the motion. All in favor to approve, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN HALL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN HALL: All opposed? (No response.) CHAIRMAN HALL: Thank you, gentlemen. COMMISSIONER McDANIEL: Thank you. MS. PATTERSON: Commissioners, that brings us to Item 15, staff and commission general communications. Item #15A PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA BY INDIVIDUALS NOT ALREADY HEARD DURING PREVIOUS PUBLIC COMMENTS IN THIS MEETING April 9,2024 Page 112 MS. PATTERSON: Item 15.A is public comments on general topics not on the current or future agenda by individuals not already heard during previous comments in this meeting. MR. MILLER: We have none. MS. PATTERSON: Thank you. Item #15B STAFF PROJECT UPDATES MS. PATTERSON: We're to Item 15.B, staff project updates. First up we have an update on our donated air purifiers -- or not. Okay. Well, let's shuffle the deck and figure out where our update is on that. And we will have -- Item 15.B.2 is a cybersecurity update, please. Mr. Gillis, your IT director. MR. GILLIS: Thank you. Mark Gillis, divisional director of Information Technology. I'm here to give you a briefing on our cybersecurity apparatus and status. Cybersecurity is a strategic priority for the county, and you're going to see that in the budget process as we go forward through May. Mainly, because of the cybersecurity environment of malware and ransomware out there right now, it's a super important one. Florida right now is ground zero for attacks in the United States. So we have to stay vigilant. And to make it worse, it's illegal in the state of Florida for any government entity to pay ransomware to actually get your data back. So we have to be ready to be able to identify, protect, detect, April 9,2024 Page 113 respond, and recover from when we get hit. And we will get hit. We get attacked a thousand times a year. So I can't really be specific during this briefing, but I'll be as generalized as possible to let you know that we're covered, okay, and keep the citizens safe. So what are we doing? We take the layer effect where we provide lots of different layers of security. And you're going to see the slide up here, which I like to use, as the block chain. We have at least one layer in each of these areas to block cyberattacks. We partner with top-of-the-industry solutions, whether that be hardware, software, both in the cloud and on premise. Things we've done over the last year and a half since I've been here is we've made major upgrades to our backup capacity. Most of the backup systems -- the viruses these days can sit in your environment for six months. So previously we only had about 30 days of backup, so we've now put the hole in that issue, and now we have over six months. The other thing that is very important is when you get attacked, the first thing they do is attack your backups so that you can't get restored. We put in a mutable backup system and upgraded the software there. In addition to that, we take backups during the day in the -- through snapshots, and those are also immutable. So we should be set pretty well for backup and recovery. The other thing that we've done is we've updated our SAN system to put software in place that will not allow horizontal attacks, so we've segmented off our SAN system. So that will help that way. We've also made major changes to the segmentation of our network so that viruses and malware can't go across different types of network apparatuses. The other thing, we've updated our password policy. Very unpopular in the county, but very necessary. April 9,2024 Page 114 We now have software that we continuously scan not only our hardware, our software, to make sure that if any new vulnerabilities are found, we can actually then get those patched as soon as possible. We have a team in the cybersecurity department here that actually takes care of that, and we do that, like, every day. Every minute we're patching stuff. We've added some incident recovery capabilities. We've added multifactor authentication in areas, and we'll be expanding that. We've upgraded our edge routers so that they can stop the more complex attacks, and put in virtual firewalls. We attend FLGISA conferences to help -- and we give briefings based on what's happening out there with malware and with ransomware, and we also receive briefings from Homeland Security, FBI, our Risk Management division. And thanks to the state FLDS grant, we've gotten about $300 worth of software and apparatus we've added over the last year, and we are right now in that process of renewing that grant. COMMISSIONER LoCASTRO: $300 or $300,000? MR. GILLIS: Three hundred thousand. I'm sorry. So in addition to that, we've formalized a training program throughout the county for cybersecurity training. It's extremely important. You know, we can do all we can on the hardware and software side, but really, the human being is the weak link. So we've formalized a whole training process. And, actually, since we've actually formalized that, the State of Florida has also made it mandatory. So our program's been certified so that it covers that. In addition to that, anybody who has elevated privileges, they have extended training that they have to do monthly. CHAIRMAN HALL: Did it. MR. GILLIS: I'd like to recognize our very talented cybersecurity team: William Bouza leads that team. He's our April 9,2024 Page 115 cybersecurity manager; Eduardo Ruiz; Dennis Linguini; Elsa Riezza (phonetic); and Forest Abbott. And I also want to give credit to the previous cybersecurity manager, Augosto Vega. He was very instrumental in getting us that -- helping us get that grant. Going forward, what we need to do is we need to continuously educate our cybersecurity staff, make sure they get the certifications they need. We're continually sending them to conferences to make sure that they're kept up to date on the latest attack vectors. We also need to finish the security operations center room that we're putting up on the sixth floor here. And then also we've been working with the County Manager's Office and the County Attorney's Office about redacting information about the hardware and software that we have been purchasing to make sure that that information is redacted from the public records request so that people outside the county don't know exactly what kind of software we have so that if a vulnerability is announced, that they don't know that we have it, and that gives us a chance to patch it. So I'd like to thank the Board, County Manager's Office for all the support that they've given us in being able to keep the county data safe. I'd be happy to answer any questions. CHAIRMAN HALL: Thank you, Mr. Gillis. Commissioner Saunders. COMMISSIONER SAUNDERS: Thank you, Mr. Chairman. I asked that we have this update. Obviously, we're getting into our budget process here very quickly. And I just wanted to make sure that you have the resources that you need to make sure that we're doing everything we can do to protect our systems. And so that's my question to you is -- I know you're preparing budgets now. I think this is an area where everyone would agree we have to spend whatever it takes to protect those systems. April 9,2024 Page 116 And so that's my question. I'm assuming that your budget request and everything will take care of everything that you need. MR. GILLIS: Yes. Our IT budget was done back from January/February time frame, so that way there we can get it to everybody else so they'll know how much we need. So it's definitely a strategic priority. You're going to -- like I said, you're going to see that in the slides as we go forward. I think the Board has done an outstanding job helping support, financially, what we need to get done, and that's accounted for in the -- in the IT budget that we submitted. COMMISSIONER SAUNDERS: Thank you. CHAIRMAN HALL: Commissioner LoCastro. COMMISSIONER LoCASTRO: Mark, I guess I'm what you call a heavy e-mail user and -- MR. GILLIS: You are. COMMISSIONER LoCASTRO: -- you know that since you and I talk a lot. I'm not a fan of changing my password every 18 hours and having it include 28 characters, six symbols, four shapes, and two animals in my list. But I'll just go on the record and say that, in all seriousness, I do want to give you and your team a positive shout-out. You know, when it's 7 a.m. on a Sunday and I'm trying to do e-mails and answering a constituent, you know, issues or problems or whatnot -- and I have had something -- I really don't care what time it is. I want to be able to call your emergency number and get help immediately, because it might be a crazy hour, you know, in the real world, but it's not to commissioners, you know, when we're trying to get stuff done and things. I always get instantaneous response. And as you've said before, you know, usually I send you a note and just say, so you know, I'm April 9,2024 Page 117 having a problem, but your guys are on it, you always call me back, and almost 100 percent of the time you're like, "Commissioner, don't do anything. I got this," and then -- you know, this just happened, you know, recently, and then what -- in minutes, you said, "We found the problem. We've reset it. Try it now," and it worked perfectly. So, you know, I know that's the job that you have, and the folks that are on the emergency number, that's what they're supposed to do, but I can tell you, like all of us, I've used e-mail in all kinds of business and prior in the military, and sometimes you call that 800 number, you get a voicemail, and you wait seven hours, and you hear back from nobody. You guys are very responsive. And, you know, it's not an exact science. The Gremlins sometimes -- I mean, how many times have you and I traded a text and you're like, "I don't know why it didn't work 30 seconds ago. Let me try something," and then it works. But having that response and that sense of urgency is something that I think we all appreciate. So, you know, like Commissioner Saunders is saying, we want you to have the resources that you have when this comes to financials, but I think the most important resource you have is good people who know that, you know, we appreciate a sense of urgency and, you know, we want to be able to be responsive whether we send -- we're sending an e-mail to Tallahassee or to a constituent that has a pothole that they're upset about, and we need your system to do it, and when it doesn't do it, we need to be able to get back online. I know I -- in particular, I've been in a previous job where I had a window of time to knock out a whole bunch of stuff, but because IT was down and I couldn't get ahold of anyone, that window evaporated, and so it didn't make the most efficient use of my day. I have not had that here at the county. I've had plenty of frustrations, but, you know, you and your team really do a great job in record time getting back with us. April 9,2024 Page 118 And I would hope the rest of the county staff has that same -- gets that time type of service, because I know I personally sure have. So -- and thanks for all the password changes, you know, on -- there's a need for that. We get it. You know, the thing is, we're not used to that here, so you're bringing us up to a standard that exists in other places, and that's why we've got a little bit of frustration. We're used to, you know, having people have their password be 1234dog, and it's that way for 17 years, you know. So, realistically, I won't applaud you for getting us up to that standard because it's frustrating but, you know, you and your team are identifying a lot of things that are raising that bar where we need to be. But thanks for your quick response, especially at those sort of inopportune times and crazy hours. It's been much appreciated, and I just wanted you to know that. MR. GILLIS: Thank you, Commissioner. I was lucky when I came to the county. We have a very talented and dedicated staff here in IT. I think that you'll notice since I've been here my emphasis is on excellent customer service because I believe IT is a customer service division. And I'm hoping that what you see is -- everybody in the county is seeing, and I'm pretty sure that it is. I know we fall short at times, but we are getting there. And I appreciate your recognition. I also wanted to recognize -- our cybersecurity team works really hand in hand with their net ops team and our hosting team, and they deserve a lot of credit, because they really have gelled together in working hand in hand to make sure that all the stuff in my vision of cybersecurity here at the county really takes place in the manner that I think that it needs to. COMMISSIONER LoCASTRO: Thank you. April 9,2024 Page 119 CHAIRMAN HALL: Commissioner McDaniel. COMMISSIONER McDANIEL: Yes. And I also want to thank you, Mark, and applaud all your efforts that you've done to help protect us. I think it's important for us to remember we're a great big company, and there are thousands of users of our IT that need it every single day. And with your direction and implementation of these protections, it's -- it's astounding. It's really astounding. My question is -- and, you know, Commissioner LoCastro mentioned the password. I was probably your biggest arguer when it came time to be changing my password. Have we looked into the AI programming for the manipulation of the passwords that are utilized? I know when I sign on to my bank account and put in the password that I have had for a year-plus, AI cranks out another addition to my typed-in password. Have we looked into that technology as far as having to manipulate our own individual passwords? MR. GILLIS: I think the AI that you're talking about we really haven't looked into mainly because I think that, you know, what we instituted in the password change policy is NIS compliant. It's a standard that's been raised since -- you know, over the last two or three years, and I think that we're probably fine there. The more important thing -- what you're talking about, I think, is multi-factor authentication, which gives us the second nod. And we're looking at -- right now we're -- like -- I'm sorry. I can't go into specifics what we're looking at right now, but we are instituting some changes that will help with that, that second authentication point. Some of it will make it a little more convenient, some of it maybe not so more convenient, depending on where you're at, but it will allow -- there's just some changes coming there. COMMISSIONER McDANIEL: Okay. I just -- like I said, I noticed that when I sign on to my bank account and hit "enter" to go April 9,2024 Page 120 in, there's a blip on my screen past my password that I'm assuming their AI, their security is adding to my password to further protect my efforts in my bank account, and which I thought that might be -- MR. GILLIS: I believe that to be extra multifactor authentication that they've added in addition to that. You know, like your credit card, you can have the strip on the back that's actually added onto part of your credit card number. That's what they're doing with the multifactor authentication portion of that. COMMISSIONER McDANIEL: Okay. CHAIRMAN HALL: Commissioner Kowal. COMMISSIONER KOWAL: Thank you, Chair. I'd like to also thank you, Mark, for the hard work you guys do. And I'm used to changing my password, coming from the Sheriff's Department. I still don't like it, so -- you know, I did it for 20 years there, and now I'm doing it here again. I thought I was getting away from it, but I guess not. A lot of people don't realize how much more work you guys do outside of just the IT and our security and stuff like that. I mean, we've got the pickleball tournament. I know you guys are highly involved in a lot of the telecommunications of that, the stuff you guys do out at the sports park. So you guys do a lot of different things, a lot of different -- for the county that may not be seen behind the scenes. But, you know, you do a great job at it, and I just wanted to thank you guys for doing that. MR. GILLIS: Thank you, Commissioner. Yeah, we run the whole -- network apparatus so that people like CBS Sports can run their broadcast over our network so that it can get out there, which is a huge benefit to the county. The other thing that people don't realize is that in Paradise Coast, we've wired every single one of those fields out there so that they can stream video from there. Now, the people who came and April 9,2024 Page 121 video -- did the video service for American Youth Football back in December, they said we are the only facility in the United States that will do that. And so really proud of that. That's something, you know, we've done in the last year, year and a half since I've been here. But, again, I have a very talented team that helps me look good, helps the rest of the IT team look good. So really appreciate them. COMMISSIONER LoCASTRO: So it's not really you? MR. GILLIS: No. No, sir. It absolutely is not. There we go. CHAIRMAN HALL: Thank you, Mark. You know, you said the human factor is the weakest link. Please, Jesus, if you go to 16 characters, I'm doomed. MR. GILLIS: It's funny, because there's a commissioner on the Board that was complaining about going to 14 characters, and they were already at 13, I think. So the extra character made a difference, but it is important. CHAIRMAN HALL: Thanks. MR. GILLIS: So we appreciate all your support, we really do. MS. PATTERSON: Thank you, Mark. MR. GILLIS: Thank you. Item #15B1 STAFF PROJECT UPDATES – UPDATE ON DONATED AIR PURIFIERS – PRESENTED BY DAN SUMMERS MS. PATTERSON: Let's go back to Item 15.B.1, which is the update on the donated air purifiers. Now we have our folks in the room. Mr. Summers. MR. SUMMERS: Commissioners, for the record, Dan April 9,2024 Page 122 Summers, director of Emergency Management. I'm sorry. I was upstairs engrossed in FEMA policy. So just -- CHAIRMAN HALL: Sorry to bring you down. MR. SUMMERS: Yeah, it was an exciting read. Real quick, I just want to thank you for the opportunity to let Emergency Management participate in the donated air cleaners. Honestly, that is a terrific opportunity for us to, number one, put a few of those in the evacuation shelters and make these available to other non-profit agencies, and we're soliciting them. We're going through that solicitation right now. We are happy to help facilitate our NGOs, maybe even deliver them to them so that things like the non-profit daycares would have an opportunity to have some additional air purification in their areas for a healthy environment. So we are happy to do it. It is easy to do within our skill set, and I believe we have some paperwork. We just have to address some dollar value on the equipment. And with your blessing, we'll go ahead and proceed and help execute and get those items out in the community. CHAIRMAN HALL: Commissioner Saunders. COMMISSIONER SAUNDERS: Thank you. I appreciate that. In terms of any additional information that you may need in terms of value, if you'll let me know what you need, I'll -- MR. SUMMERS: Yeah. I think there's just one line on the form we need to put a value on, and Josh Starrett on our team, who works with our non-profit agencies, will handle that solicitation, and we'll support them on the logistics. COMMISSIONER SAUNDERS: And we have no restrictions on where these go. MR. SUMMERS: Okay. COMMISSIONER SAUNDERS: If you can kind of report April 9,2024 Page 123 back to us -- MR. SUMMERS: We will. COMMISSIONER SAUNDERS: -- on where we're going. MR. SUMMERS: Yeah. We'll solicit and see the interest. We'll doublecheck our team and work with facilities, double-check on that inventory, make sure everything's ready to go, and we'll -- as soon as we make some progress, we'll report back. COMMISSIONER SAUNDERS: And, obviously, the health department -- MR. SUMMERS: Yes. All of those players for that environment engages. We had a couple of those that we had acquired during COVID, but there are other areas we can augment that equipment with. COMMISSIONER SAUNDERS: How many units did we ultimately wind up with? MR. SUMMERS: I want to say it was close to 70 some. Eighty. Eighty units. And so, again, we'll -- we have just started soliciting those partner agencies for that opportunity. And I think it's a great opportunity for Collier County to support the NGOs and other health organizations, and we'll be happy to do that as a gesture. COMMISSIONER SAUNDERS: All right. And then when these are finally distributed, I do want to get back to the donor and let them know that we were able to -- MR. SUMMERS: We will. We'll be glad to put a summary of those activities and where they went and put that together so that the donating party can close the loop. COMMISSIONER SAUNDERS: Thank you. MR. SUMMERS: My pleasure. Thank you. MS. PATTERSON: Commissioners, one last update. Mr. Mullins is going to come up and give you an update on our new -- or April 9,2024 Page 124 our potential new county logo. MR. MULLINS: For the record, John Mullins, your director of Communications, Government, and Public Affairs, and hoping to the end the day here on a positive note. Let's try to keep it positive. So we're talking about a potential logo refresh. Now, on May 8th, Collier County is going to turn 101, and it may be time to reevaluate our outdated branding. Now, a refresh could modernize our image while maintaining our core identity. It can also help to reflect the impact of new ideas and a change in direction. Also, keep in mind that most businesses refresh their brand every seven to 10 years. Now, of course, we have to be mindful that our funding comes from the taxpayers. So where we might want to refresh our brand of the last 25 years, we also have to roll it out in a responsible and even cost-neutral way. And a few of our county divisions have also been considering refreshing their old logos, and it would be better to provide an overarching agency-wide brand first to allow for complementary aesthetics to be incorporated into their variations. Now, with that in mind, we took the potential for a logo refresh to our residents VR-6000 external newsletter subscribers, and on our social media platforms, and we were careful to point out two important facts. One, any implementation of a new logo would be rolled out in a cost-neutral approach applying the new logo to county equipment and items as they're ordered and replaced and, two, we would not be proposing to change the official seal of Collier County, the wild turkey. The turkey's been the official county seal since being first adopted by the BCC at their very first meeting in July of 1923, and the version that's still applied to our official documents today was designed in the 1960s. April 9,2024 Page 125 COMMISSIONER SAUNDERS: Just so you know, I voted against that. MR. MULLINS: So the pencil sketch was provided by Commissioner Saunders in 1960, and Margaret Scott, the clerk of the courts, perfected it. The turkey is undefeated in previous attempts to refresh or replace. The first suggestion to do so was in 1981 and was tamped down quickly, and an actual turkey coup attempt in 1984 received a lot of press. So pardon the expression, we didn't want to "bite off more than we can chew" with the turkey, so it's tanned, rested, and ready for another hundred years if needed. But for our staff-created logo with its hard to accurately reproduce gradient sun and its green fronds that almost look like something you would get at a local dispensary, maybe it's time to give it a well-deserved sunset. So previously I sat down with the Chair to gauge his desire to bring this change forward, and this is what he had to say. "And I love the fact that we're doing it different. I love that. Just because the way we've always done it doesn't make it right or doesn't make it effective. I'm good with change." CHAIRMAN HALL: I remember that. Thanks for that. COMMISSIONER McDANIEL: Did you say that? MR. MULLINS: All right. To be fair, that had absolutely nothing to do with the logo. But our meeting was of a similar sentiment, or I would not be standing here before you today. Now, as mentioned, we put out some options to the public for their input via a logo refresh survey, and we used them as sort of a giant focus group to give us a base to work from and, as he did with the creation of our centennial emblem, our talented graphic designer and webmaster, Santiago Arenas, who's right behind me, came up April 9,2024 Page 126 with some creative diverse variations for the public to consider along with an option to retain our current county logo. We received 3300 votes; 2200 of those, two-thirds, voted for a change. COMMISSIONER McDANIEL: Out of 6,000? MR. MULLINS: Uh-huh. Now, some of that was social media as well. But, yeah, two-thirds voted for a change in our branding. And the change leader and runner-up are what's on your screen right now. Now, there were also three other options in addition to our county -- current county logo that they looked at. But we didn't stop there. We also listened to the feedback that we received in conjunction with the survey, and we incorporated those into our front-runner with tweaks for a final design. So Santiago did what you have in front of you now. This is the actual proposal. Now, this also comes in a single-color design, which is much more easy to replicate than what we currently have, and this would be the white version, which you might see on glass or on a darker background. So what say you? With your consent, we could have this ready to be rolled out as soon as our 101st birthday or on July 1. But given the fact that this is going to be done gradually as items are taken out of circulation or replaced, there really is a flexible start date. I mean, so we can do this any time that you're ready. And, of course, with that, I also want to thank Santiago who came up with these designs after he and his wife welcomed their first child. So he did it with half the amount of sleep that he's normally accustomed to, and he does excellent work. And if you have any questions about his choices in the design, he's here to answer those questions as well. Otherwise, we defer to you and your expertise. CHAIRMAN HALL: Commissioner LoCastro. April 9,2024 Page 127 COMMISSIONER LoCASTRO: So, John, what you were saying is it would be sort of like, you know, cost -- the cost would be minimal because you'd phase it in over time. It's not like you're asking for $200,000 to do this. So I heard that part. I'm just going to play devil's advocate. I like the new design, and like you said, a little bit of a refresh. Does it bring us 10,000 more visitors? You know, does it do this? Are we doing it just to do it? But, you know, I understand marketing, and, you know, the ability to, you know, put a fresh spin on something. But we're making that argument, but then we're keeping the turkey. So, I mean, I'm kind of like, okay -- but I guess my real question is, if you phase it in over time -- and this is just more of just I'm playing devil's advocate. The problem is then you have multiple logos everywhere. We had the old one, we have the new one, and we really don't gravitate towards the new one for a while, and then you still find old ones sort of that exist somewhere. So sometimes -- and I'm not proposing this. But sometimes an automatic launch for an immediate change actually does re-brand you. I mean, think about it this way: If Coke or Pepsi or any of the giant companies said, we want to come up with a new logo, and we'll exhaust all the cans we have, and all the new cans we'll re-brand, you would have two different brands on the shelves. They don't do that. They crush everything, they destroy everything, and they start from scratch. You know, they've got a little bit more money than us, and sometimes, you know, that's not the most cost-effective way. But a re-brand is really a relaunch, and it's not sort of a phase-in. So what are your thoughts on that? And this is me just talking out loud, you know, just to get the conversation going. I don't think we want to spend three hours, you know, talking about this. I like April 9,2024 Page 128 the new logo. So, you know, hats-off work to the work that, you know, you did giving it sort of a fresh look. I don't know that it makes us a better county or anything. But, you know, there is some positives into giving everything a little bit of a facelift over time. But, you know, I'll end it by saying, then why don't we get rid of the turkey? But, anyway, like you said, that's more of a historical thing. But what's your thought on what I just said about are we really re-branding if we're phasing it in over a slow period of time? And we're doing that to be cost effective. You know, we're waiting for all the stationery to run out before we use the new one, but then now you've got multiple logos out there. MR. MULLINS: Well, it is a brand refresh. I agree 100 percent with what you're saying in regard to a rollout. I mean, optimally -- and if money was not an issue, we would do this all at once. We would go down, we'd take out all the signs, we'd replace all of the stationery, every branded T-shirt or Polo that gets worn by our staff; all of that would being changed. But because we are a local government and because we do have to be spend-thrifty and we have to be mindful of the taxpayers' investment, the smartest approach, we felt, was to just do a gradual rollout. Yes, there will be overlap of the existing logo with the current logo. And keep in mind, this is a refresh. It's not really a replacement or a complete re-branding. It is a refreshment of our current logo. So it's kind of taking what we've had for the last 25 years and starting our next 100 years saying, okay, this is who we are now. This is the direction we're going. COMMISSIONER McDANIEL: I'll just follow it up where -- by saying there is actually a cost because, like you said, April 9,2024 Page 129 we're buying new Polos. If this logo is sitting on our bus stop shelters or it's somewhere in the county, at some point those stickers, those decals, those whatever need to be, you know, taken off so we can more quickly graduate towards the new logo, and if we didn't pick the new logo, then those things would stay in place unless they're totally faded or whatever. So, I mean, I'm just sitting here saying the best use of taxpayer dollars -- I don't know what my colleagues think, but I thought I would just push my button and get the conversation started so we can make a command decision. MR. MULLINS: And also, I would -- to your comment about the turkey, it's not that we wouldn't like to shoot it; we probably would. Now, I'm going to get a lot of flak for just saying that, but at one point there was a suggestion that we retool the centennial emblem into a new county seal because it represents a little bit more of a diverse history of Collier County beyond just, you know, its primary food source when they got here. Now, the turkey is still incorporated in that centennial seal, so it wouldn't be getting rid of the turkey. It would just be adding other aspects of our history to it. But, once again, we're not trying to start a civil war here. We're just trying to refresh our brand. So we're going down the rabbit hole we think we can actually come through the other side of successfully. CHAIRMAN HALL: Commissioner McDaniel. COMMISSIONER McDANIEL: So the one that's on the screen right now is going to be our new logo? MR. MULLINS: If you consent to it, yes. COMMISSIONER McDANIEL: Okay. And so -- and we're not going to go throw away whatever we have. I mean -- and there again, we're not a private company, we're a government, and we're going to utilize the assets that we've already expensed for, and over April 9,2024 Page 130 time we're going to orient to this. And so the stickers aren't going to be replaced until they need to be replaced, and then we'll have the new logo on those? MR. MULLINS: Yes, sir. COMMISSIONER McDANIEL: Okay. So -- and, again, I'll acquiesce to greater minds with regard to the refreshing aspect of things just -- you know, I've thought for a long time that the turkey needed some loving. Just the picture that we have, that artwork's not the greatest on the planet. MR. MULLINS: I'm not going to lie, and I'm sure Mr. Arenas would back me up on this, the turkey is actually very hard to reproduce. COMMISSIONER McDANIEL: Yeah. So all that -- all that not with saying, do you need a motion out of us to go forward with a refreshing? MR. MULLINS: That would probably be acceptable, yes. COMMISSIONER McDANIEL: And if it's on that premise of no replacement, just redo of what we're doing as we exhaust the supplies that we have, I'll make the motion. COMMISSIONER SAUNDERS: I'll second that. COMMISSIONER LoCASTRO: Can I just ask a quick question? MR. MULLINS: Yes. COMMISSIONER LoCASTRO: Was there ever any thought to, underneath Collier County -- I don't want to overengineer this thing -- but underneath Collier County, in smaller font, put the word "Florida"? I mean, you know, we correspond with counties all over the country, and we send things all over the country. And granted, the word "Florida" is in our mailing address or what have you. But I just wondered if part of the branding was -- you know, if I lived in Utah and I saw this, I wouldn't know where Collier County was. But April 9,2024 Page 131 if in smaller print with the same font it said "Florida," it might be more sort of nationally recognizable. Just a thought. I mean, the palm tree tells you that it's not Montana, but I was just curious if there's any thought to that. MR. MULLINS: Well, we have Santiago here. I'm sure, as part of this design, he started to look at what other counties do in this state, and probably beyond. But I know that he had some things in the back of his mind to give him direction on this particular incarnation. So let's just have Santi talk about what he covered on that journey. COMMISSIONER LoCASTRO: Did you get any sleep last night with the baby? MR. ARENAS: No, I do not. COMMISSIONER LoCASTRO: I figured. MR. ARENAS: Still not. Four months and going. Thank you for having me here. In regards to adding the "Florida" right below it, it is a possibility, and it could be an option down the road. Going from what we have, which is Collier County, right now in the current one, we do not have the State of Florida. And after looking at -- after doing research, looking at various different counties within the state of Florida, I would probably have to say the majority of them don't have the word "Florida" on it. And some of them do have the "FL" on it but as a second option or as an optional item that they can actually put out to either advertising, public relation material, marketing materials or products. CHAIRMAN HALL: All right. We have a motion and a second to refresh. All in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. April 9,2024 Page 132 CHAIRMAN HALL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. MR. MULLINS: And would the Board have a preference as to when this rollout begins? Would you prefer it be in conjunction with our 101st birthday, would you prefer it be July 1, or just at our leisure? CHAIRMAN HALL: Well, the eclipse has already passed, so it's up to you. MR. MULLINS: All right. We can take that as guidance. Thank you very much. MR. ARENAS: Thank you. Item #15C STAFF AND COMMISSION GENERAL COMMUNICATIONS MS. PATTERSON: Commissioners, that brings us to staff and commission general communications. And before Mr. Mullins goes way, I have two things. Sorry, John. First off, we just wanted to touch base on the ethics bill from last -- from last agenda. COMMISSIONER SAUNDERS: Let's just delay that -- MS. PATTERSON: Okay. COMMISSIONER SAUNDERS: -- because I know Senate President had some interest in that issue, and let's just put that off until we have a little further -- well, I guess -- MS. PATTERSON: We're getting -- John may want to come up and say we're kind of getting to that point in time where something's going to happen to it. April 9,2024 Page 133 COMMISSIONER SAUNDERS: I don't think it -- has it gone to the Governor yet? MR. MULLINS: No, it has not. It's been enrolled since March 8th, so it's been a month now that it could have been in a posture to be presented to the Governor. It has not at this point, which could just signal that there may be some issues they're trying to consider in determining what the Governor's action will be, or it could just be that there's a backlog of bills waiting to get there. I don't want to read too much into that. COMMISSIONER SAUNDERS: I just hate to do this under the circumstances, but -- the issue is that the Senate President did have some interest in that bill, and I wanted to have her office have an opportunity to let us know what that interest is. Why don't we do this: Why don't we continue this until the next meeting. If the Governor signs it between now and then, so be it, but I'll talk to her office and see if there's any interest in some participation on her part. MR. MULLINS: Okay. Very good. MS. PATTERSON: The second -- speaking of the Governor, we did, some of us -- I think Commissioner Kowal received, and I did, too, a call for action from the City of Naples regarding the $5 million appropriation for the Naples Pier being subject to further scrutiny. The City of Naples is requesting letters of support for that money to stay in, which obviously is of interest to us. That's going to be a very expensive endeavor to rebuild the pier. So if it's all right with the Board, we could have Mr. Mullins write up a letter of support. They provided a sample letter, which is one that was written by the City Council, so it will need some adjustment, but we can have Mr. Mullins work on a letter of support for the Chair's signature. April 9,2024 Page 134 CHAIRMAN HALL: Bring it. MS. PATTERSON: All right. Thank you very much. That's all I have. County Attorney. MR. KLATZKOW: Nothing. Thank you. MS. PATTERSON: Commissioners. CHAIRMAN HALL: Commissioner Kowal. COMMISSIONER KOWAL: I just want to say I think we did a lot of good work today efficiently in a timely manner. So thank you all. CHAIRMAN HALL: Okay. Commissioner Saunders. COMMISSIONER SAUNDERS: I will ditto that, and I don't have anything else to add. CHAIRMAN HALL: Commissioner LoCastro. COMMISSIONER LoCASTRO: I just had a couple of quick things. One of the things we passed on the consent agenda -- and I just wanted to make note of it -- is 16.F.6. And it was great work by our County Manager team and especially our Parks and Rec leadership to work with Tallahassee to get us a quarter of a million dollars’ worth of money that we're going to put towards Caxambas. So in the newsletter that I'm about to release this week, I'll be talking a lot about Costco, in case you're wondering, separating rumor from fact, but even more about Caxambas. You know, citizens that drive by Caxambas and think we've done nothing couldn't be further from the truth. A lot of these are the same people that drove by the Winterberry Tax Collector's Office and thought we were doing nothing, and then we opened a new office. We have a contractor to build the new building on the old site. We have an artist rendering. So things take time. When you lose the roof on your house, you call Allstate, and a roofer shows up, April 9,2024 Page 135 you know, pretty quick. When you're dealing with taxpayer dollars, it's a little bit more complicated. But thanks to our Parks and Rec team for not only getting that $250,000 to add to the pot -- the total rebuild of Caxambas is going to be a lot more expensive than that, and I'll have details in my newsletter that I'm sending out in the next couple of days, but good work there. Added to that, to Parks and Rec -- and, you know, Tanya, I know you're listening in the back. I recently read an article that talked about a tragedy that happened -- and I forget what state it was in. It was just something that I just remembered, and it talked about how the AED at the pool at this location, the batteries were dead. And so I think the person actually passed. It's not in Florida. And like I said, I just sort of read it, you know, quickly in passing, but it made me think, we're sitting here about to turn the corner on May, June, July, you know, the summer's coming. I know we have a checklist that has us go through every, you know, AED and make sure that, you know, the batteries aren't rusty or old. And so I'm not saying that we have a problem. But just as a quadruple check, let's make sure that we don't have any stone unturned, you know, when it comes to AEDs, because we have them everywhere, but they're only good if they work. And so somebody pulling it off the wall and finding out that that was the one that was missed, you know, during the three-year check or what have you -- so I don't know. Obviously, you're about to make a comment. I remember having a conversation saying we had a really great aggressive program to check our AEDs, so I'm not being directive that we don't do it -- that we don't have it, but it was just more of a reminder. So your comment? April 9,2024 Page 136 MS. WILLIAMS: Thank you, Commissioner. For the record, Tanya Williams, public services department head. And as I walked up, Mr. Finn was already on his phone coordinating with Facilities. Facilities regularly checks and special monitors our AED systems. So it's on a regular basis. It's on a regular check. But that is a good reminder. May is right around the corner and as we start summer, summer use. So thank you, sir. COMMISSIONER LoCASTRO: And I don't say this to be sarcastic. We're all the -- we're all a county team. But we have the same aggressive checks for lightbulbs, yet how many times have I gotten an e-mail from somebody saying, "I played tennis last night, and four of your seven lightbulbs have been burned out for six months"? And that's an actual e-mail. And then we're, like, shame on us that nobody caught it. And so AEDs are a life-and-death thing. So, you know, thank you. And then, lastly, I just wanted to say, unlike Senator -- or, you know, former senator. I say Senator Saunders, who knows Kathleen -- Senator Passidomo personally and has worked, you know, closely with her, I've only had a similar experience probably, as the other commissioners, maybe more or maybe less, which was just business. You know, I'm not in her social circle or anything. But even before being a commissioner and during a commissioner, I did have some interactions with John Passidomo, and I just want to say, you know, he was a -- he was a really great man, and a lot of things that are -- that came to this county that were good and were big improvements that Senator Passidomo really couldn't do because it might be a conflict of interest or it was, you know, something that maybe -- you know, he really was an incredible -- you know, for lack of a better term -- and they've been saying in the paper, "First Husband." April 9,2024 Page 137 So when it came to the Naples Senior Center, you know, he was really big on that. You know, he really had a lot of clout in this county, so he was able to talk to people like the Bakers and some others that are big philanthropists and they -- in the county and shake the trees. So total freak accident. I mean, the guy was in probably better shape than all of us sitting up here. And, you know, he'll be missed, because he really added a lot to the county. And I know the interactions I had with him -- and they were business. We weren't social -- you know, in social circles or anything. Always super professional, you know, knew his stuff, got behind causes and, you know, was relentless but not unprofessional. And so, you know, I was shocked as everybody was to see that he passed. I'll just end it by telling you when I was at Physicians Regional, we had somebody that came in, and they had already expired. And they were a cyclist, and they were in their early 70s, and it was a gentleman that was in one of those Speedo, you know, Olympic cycling suits, rode 100 miles a day, and all of this and had another freak accident. He was on U.S. 41 and sort of on a tight little -- it'll not even a bicycle path. But for some reason, you know, he had to be riding down 41, got off into the gravel. And I remember the paramedics telling us in the ER, he hit one rock that was on the side of the road, that if he would have been two inches north or south or east or west, you know, he would have had scratches, but it hit him right on the temple. You know, Mr. Passidomo must have had something sort of, you know, once in a lifetime, you know, unfortunate, unique accident. But I just thought I would just tell a little bit of a personal story that I was always really impressed with him even though I didn't April 9,2024 Page 138 know him on a personal social level. You know, this county will miss his leadership for sure and his efforts behind the scenes a lot of times as well, so... CHAIRMAN HALL: Commissioner McDaniel. COMMISSIONER McDANIEL: We'll all miss him, and those were -- it was a good acknowledgment. He was our friend and certainly a terrible loss. And other -- I have nothing else to add. CHAIRMAN HALL: Okay. COMMISSIONER McDANIEL: We're done. CHAIRMAN HALL: I have nothing to add, so -- except for Mr. Mullins, I'll have to say that we are adjourned therefore hereto. Not Shakespeare. ******* ****Commissioner McDaniel moved, seconded by Commissioner LoCastro, and carried that the following items under the consent and summary agendas be approved and/or adopted**** Item #16A1 RESOLUTION 2024-48: A RESOLUTION FOR FINAL ACCEPTANCE OF THE PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS AND ACCEPTANCE OF THE PLAT DEDICATIONS FOR THE FINAL PLAT OF ANTHEM PARKWAY PHASE FOUR, APPLICATION NUMBER PL20200002048, AND AUTHORIZE THE RELEASE OF THE MAINTENANCE SECURITIES IN THE AMOUNT OF $76,642.30 (DISTRICT 5) April 9,2024 Page 139 Item #16A2 FINAL ACCEPTANCE OF THE POTABLE WATER AND SEWER UTILITY FACILITIES AND ACCEPT THE CONVEYANCE OF A PORTION OF THE POTABLE WATER AND SEWER FACILITIES AND APPURTENANT UTILITY EASEMENT FOR ALTIS SANTA BARBARA, PL20230009204. (DISTRICT 1) - A FINAL INSPECTION WAS CONDUCTED BY STAFF ON DECEMBER 7, 2023, IN COORDINATION WITH PUBLIC UTILITIES, AND THESE FACILITIES HAVE BEEN FOUND TO BE SATISFACTORY AND ACCEPTABLE Item #16A3 FINAL ACCEPTANCE OF THE POTABLE WATER AND SEWER UTILITY FACILITIES AND ACCEPT THE CONVEYANCE OF A PORTION OF THE POTABLE WATER, ALL THE SEWER FACILITIES, AND THE APPURTENANT UTILITY EASEMENT FOR FAIRGROVE COACH HOMES, PL20230009259. (DISTRICT 2) - A FINAL INSPECTION WAS CONDUCTED BY STAFF ON DECEMBER 20, 2023, IN COORDINATION WITH PUBLIC UTILITIES, AND THESE FACILITIES HAVE BEEN FOUND TO BE SATISFACTORY AND ACCEPTABLE Item #16A4 RESOLUTION 2024-49: A RESOLUTION FOR THE FINAL ACCEPTANCE OF THE PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS AND THE PLAT DEDICATIONS FOR THE FINAL PLAT OF ESPLANADE AT HACIENDA April 9,2024 Page 140 LAKES PHASE 3, APPLICATION NUMBER PL20170004477, AND AUTHORIZE THE RELEASE OF THE MAINTENANCE SECURITY IN THE AMOUNT OF $278,132.99. (DISTRICT 1) Item #16A5 RESOLUTION 2024-50: A RESOLUTION FOR FINAL ACCEPTANCE OF THE PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS AND ACCEPTANCE OF THE PLAT DEDICATIONS FOR THE FINAL PLAT OF ESPLANADE AT HACIENDA LAKES PHASE 4, APPLICATION NUMBER PL20180000648, AND AUTHORIZE THE RELEASE OF THE MAINTENANCE SECURITY IN THE AMOUNT OF $363,307.05. (DISTRICT 1) Item #16A6 FINAL ACCEPTANCE OF THE POTABLE WATER AND SEWER UTILITY FACILITIES FOR LAKE PARK DINER AT FOUNDERS SQUARE, PL20240000750. (DISTRICT 3) - FINAL INSPECTION WAS CONDUCTED ON MARCH 1, 2024, AND THESE FACILITIES HAVE BEEN FOUND TO BE SATISFACTORY AND ACCEPTABLE Item #16B1 GRANT AGREEMENT NO. LPA0494 WITH THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) FOR GOLDEN GATE CITY STORMWATER OUTFALLS IN THE AMOUNT OF $2,810,500, EXECUTE ALL NECESSARY FORMS, AND AUTHORIZE THE NECESSARY BUDGET April 9,2024 Page 141 AMENDMENTS (FUND 1841 PROJECT #51029). (DISTRICT 3) Item #16B2 THE SELECTION COMMITTEE’S RANKING AND AUTHORIZE STAFF TO BEGIN CONTRACT NEGOTIATIONS WITH KISINGER CAMPO & ASSOCIATES, CORP., RELATED TO REQUEST FOR PROFESSIONAL SERVICES (“RPS”) NO. 23- 8164, “DESIGN SERVICES FOR GOODLETTE FRANK RD- VANDERBILT BEACH RD TO IMMOKALEE RD,” SO STAFF CAN BRING A PROPOSED AGREEMENT BACK FOR THE BOARD’S CONSIDERATION AT A FUTURE MEETING (PROJECT #60259). (DISTRICT 5) Item #16B3 AGREEMENT FOR THE PURCHASE OF A DRAINAGE EASEMENT (PARCEL 145DE) REQUIRED FOR THE WEST GOODLETTE-FRANK ROAD AREA STORMWATER IMPROVEMENT PROJECT PHASE 2 (PROJECT NO. 60142). ESTIMATED FISCAL IMPACT: $22,810. (DISTRICT 4) - LOCATED ON THE SOUTH SIDE OF THE PARENT TRACT Item #16B4 AGREEMENT FOR THE PURCHASE OF A DRAINAGE EASEMENT (PARCEL 140DE) REQUIRED FOR THE WEST GOODLETTE-FRANK ROAD AREA STORMWATER IMPROVEMENT PROJECT PHASE 2 (PROJECT NO. 60142). ESTIMATED FISCAL IMPACT: $7,990. (DISTRICT 4) April 9,2024 Page 142 Item #16B5 RESOLUTION 2024-51: RESOLUTION 2024-52: RESOLUTION 2024-53: THREE RESOLUTIONS AUTHORIZING THE CHAIRMAN TO EXECUTE TWO SECTION 5311 PUBLIC TRANSIT GRANT AGREEMENTS (FPN 451893-2-94-22 AND FPN 454246-1-94-23), AND ONE SECTION 5339 PUBLIC TRANSIT GRANT AGREEMENT (FPN 439255-1-94-23) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION TO ACCEPT FEDERAL TRANSIT ADMINISTRATION GRANT FUNDING IN THE TOTAL AMOUNT OF $1,398,274 FOR THE PURCHASE OF TWO REPLACEMENT BUSES AND A SUPPORT VEHICLE TO SUPPORT FIXED ROUTE SERVICES IN THE RURAL AREAS, AND TO AUTHORIZE THE NECESSARY BUDGET AMENDMENTS. (DISTRICT 5) Item #16B6 BUDGET AMENDMENT AND AMENDMENT NO. FIVE TO AGREEMENT NO. 18-7382 - PROFESSIONAL SERVICES AGREEMENT FOR COLLIER AREA TRANSIT FIXED ROUTE, DEMAND RESPONSE, AND TRANSIT OPERATIONS MANAGEMENT SERVICES WITH MV TRANSPORTATION, INC., TO INCORPORATE RATES, MAKE CONTRACT MODIFICATIONS, AND EXERCISE THE FIRST RENEWAL TERM. (ALL DISTRICTS) Item #16C1 TERMINATE FOR CONVENIENCE AGREEMENT NO. 22-7957 FOR “ELECTRICAL COMPONENT SERVICES” WITH April 9,2024 Page 143 SWANSON’S ELECTRIC, INC. (ALL DISTRICTS) Item #16C2 THE SELECTION COMMITTEE’S RANKING AND AUTHORIZE STAFF TO BEGIN CONTRACT NEGOTIATIONS WITH THE TOP-RANKED FIRM, JOHNSON ENGINEERING, INC., RELATED TO REQUEST FOR PROFESSIONAL SERVICES (“RPS”) NO. 23-8193, “DESIGN SERVICES FOR TRANSMISSION WATER MAIN IMPROVEMENTS (VANDERBILT BEACH RD. AND AIRPORT PULLING RD.),” SO THAT STAFF CAN BRING A PROPOSED AGREEMENT BACK FOR THE BOARD’S CONSIDERATION AT A FUTURE MEETING (PROJECTS #70268, #70285 & #70286). (DISTRICT 2) Item #16C3 AWARD A $671,400.00 PURCHASE/WORK ORDER COMPRISED OF $621,400 AS A NEGOTIATED LUMP SUM PAYMENT FOR THE WORK, TOGETHER WITH A $50,000 ALLOWANCE TO COVER UNFORESEEN WORK, TO DOUGLAS N. HIGGINS, INC., UNDER AGREEMENT NO. 20- 7800 UNDERGROUND CONTRACTOR SERVICES AND AUTHORIZE THE CHAIRMAN TO SIGN THE PURCHASE/WORK ORDER FOR NRO WELLS 117N AND 119N IMPROVEMENTS - RAW WATER MAIN REPLACEMENT (PROJECT NO. 70085). (ALL DISTRICTS) Item #16C4 AWARD REQUEST FOR PROPOSAL (RFP) NO. 23-8124, April 9,2024 Page 144 “DEBRIS MONITORING AND DISASTER PLANNING SERVICES,” TO TETRA TECH, INC., AS PRIMARY, AND THOMPSON CONSULTING SERVICES, LLC, AS SECONDARY, AND AUTHORIZE THE CHAIRMAN TO EXECUTE THE ATTACHED AGREEMENTS. (ALL DISTRICTS) - TO OBTAIN CONTRACTED SERVICES FOR FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) REQUIRED DEBRIS MONITORING AND DISASTER PLANNING SERVICES Item #16D1- (Continued from the March 26, 2024, BCC Meeting) AFTER-THE-FACT PAYMENT IN THE AMOUNT OF $14,268.87 TO ROBERT HALF INTERNATIONAL, INC. FOR TEMPORARY STAFFING SERVICES PROVIDED TO SUPPORT HOUSING RELATED PROGRAMS AND FIND THESE EXPENDITURES HAVE A VALID PUBLIC PURPOSE. (ALL DISTRICTS) Item #16D2 A SUBORDINATION AGREEMENT WITH HABITAT FOR HUMANITY OF COLLIER COUNTY, INC., TO SUBORDINATE THE COUNTY’S HOME INVESTMENT PARTNERSHIP ACT AND THE COMMUNITY DEVELOPMENT BLOCK GRANT MORTGAGES AND DECLARATION OF RESTRICTIVE COVENANTS DUE TO LIEN POSITION ORDER. (ALL DISTRICTS) Item #16D3 AFTER-THE-FACT GRANT APPLICATION FOR A THREE- YEAR DEPARTMENT OF LABOR VETERAN’S EMPLOYMENT April 9,2024 Page 145 AND TRAINING SERVICE GRANT IN THE AMOUNT OF $1,279,413. (ALL DISTRICTS) Item #16D4 AFTER-THE-FACT SUBMISSION REQUEST FOR PROPOSAL TO THE AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA TO OBTAIN THE COMMUNITY CARE FOR THE ELDERLY, ALZHEIMER’S DISEASE INITIATIVE, HOME CARE FOR THE ELDERLY LEAD AGENCY DESIGNATION IN ORDER TO PROVIDE CASE MANAGEMENT SERVICES, HOME AND COMMUNITY- BASED SERVICES AND OTHER REQUIRED LEAD AGENCY FUNCTIONS OF THE COMMUNITY CARE FOR THE ELDERLY PROGRAM FOR A TOTAL AWARD AMOUNT OF $2,285,487.61, INCLUDING THE MATCH REQUIREMENT OF $124,556. (ALL DISTRICTS) Item #16D5 THE DOMESTIC ANIMAL SERVICES DIVISION TO PARTICIPATE IN THE SENIORS FOR SENIORS PROGRAM PROVIDED BY FOR THE LOVE OF CATS WHICH PAYS THE ADOPTION COSTS FOR SENIORS TO ADOPT SENIOR CATS TO INCREASE CAT ADOPTIONS. (ALL DISTRICTS) Item #16D6 THE DOMESTIC ANIMAL SERVICES DIVISION TO CONTINUE PROVIDING THE HELPING HEARTS HEAL PROGRAM TO FACILITATE MEDICAL TREATMENT FOR April 9,2024 Page 146 ANIMALS WITH HEARTWORMS THAT ARE IN DAS CUSTODY OR HAVE BEEN RECENTLY ADOPTED. (ALL DISTRICTS) - TO TREAT ANIMALS WITH HEARTWORMS ONCE THEY ARE IN FOSTER CARE OR ADOPTED Item #16E1 SECOND AMENDMENT TO AGREEMENT 18-7263 FOR THE COUNTY’S VISA COMMERCIAL CREDIT CARD WITH J.P. MORGAN CHASE BANK N.A. PREPARED BY THE PROCUREMENT SERVICES DIVISION. (ALL DISTRICTS) – TERM FOR FIVE YEARS Item #16F1 AUTHORIZE EXPENDITURES UNDER A SINGLE-SOURCE WAIVER FOR A PERIOD OF FIVE YEARS, IN AN AMOUNT NOT TO EXCEED $100,000 PER FISCAL YEAR, TO OBTAIN ORIGINAL EQUIPMENT MANUFACTURER (“OEM”) PARTS, AND NON-OEM PARTS, FREIGHT, AND SERVICES FROM TAMPA TRUCK CENTER LLC, D/B/A SOUTHPORT TRUCK GROUP, THAT ARE NECESSARY TO MAINTAIN COUNTY- OWNED TRUCKS AND EQUIPMENT. (ALL DISTRICTS) Item #16F2 AWARD REQUEST FOR PROPOSAL (“RFP”) NO. 23-8126, “CLOSED CIRCUIT TELEVISION SYSTEMS (CCTV) MAINTENANCE, REPAIR, AND INSTALLATION SERVICES,” TO DIAMOND SECURITY & SOUND, LLC, AND AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED AGREEMENT. April 9,2024 Page 147 (ALL DISTRICTS) Item #16F3 RELEASE OF CLAIMS REQUIRED BY SUNSHINE LUBES LLC, D/B/A VALVOLINE INSTANT OIL CHANGE, FOR THE CORRECTED REPAIR OF COUNTY VEHICLE CC2-705 RESULTING FROM A JULY 12, 2023, OIL CHANGE SERVICE. (ALL DISTRICTS) Item #16F4 BUDGET AMENDMENT IN THE AMOUNT OF $467,500 WITHIN COUNTY WIDE CAPITAL PROJECT FUND (3001) TO REALIGN PROJECT TO APPROPRIATE FUND CENTERS. (ALL DISTRICTS) Item #16F5 RESOLUTION 2024-54: A RESOLUTION APPROVING AMENDMENTS (APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS, OR INSURANCE PROCEEDS) TO THE FISCAL YEAR 2023-24 ADOPTED BUDGET. (THE BUDGET AMENDMENTS IN THE ATTACHED RESOLUTION HAVE BEEN REVIEWED AND APPROVED BY THE BOARD OF COUNTY COMMISSIONERS VIA SEPARATE EXECUTIVE SUMMARIES.) (ALL DISTRICTS) Item #16F6 THE COUNTY MANAGER AS DESIGNEE TO EXECUTE A April 9,2024 Page 148 MEMORANDUM OF UNDERSTANDING WITH VOLUNTEER FLORIDA AND TO ACCEPT AN AWARD OF UP TO $250,000 FOR THE REPAIR OF DAMAGE TO THE CAXAMBAS PARK AND BOAT RAMP RESULTING FROM HURRICANE IAN. (ALL DISTRICTS) Item #16F7 IMMOKALEE IMPACT FEE INSTALLMENT PAYMENT ALLIANCE INC., TO ALLOW $195,160.96 IN IMPACT FEES TO BE PAID OVER 30 YEARS AS A SPECIAL ASSESSMENT FOR 16 AFFORDABLE MULTI-FAMILY RENTAL UNITS WITHIN THE IMMOKALEE FAIR HOUSING ALLIANCE RPUD PROJECT. (DISTRICT 5) Item #16F8 RECOGNIZE AND APPROPRIATE REVENUE IN THE PELICAN BAY CAPITAL FUND (3041), TRANSFER FUNDS TO COMMERCIAL PAPER FUND (2023) IN THE AMOUNT OF $81,000, AND AUTHORIZE ALL NECESSARY BUDGET AMENDMENTS. (DISTRICT 2) Item #16F9 EARLY REOPENING OF NEGOTIATIONS AND AMENDMENTS TO THE COLLECTIVE BARGAINING AGREEMENT BETWEEN COLLIER COUNTY AND THE COLLIER EMS/FIRE BARGAINING UNIT, SOUTHWEST FLORIDA PROFESSIONAL FIREFIGHTERS AND PARAMEDICS, LOCAL 1826, DISTRICT - 14, INTERNATIONAL April 9,2024 Page 149 ASSOCIATION OF FIREFIGHTERS, INCORPORATED. (ALL DISTRICTS) Item #16H1 PROCLAMATION DESIGNATING APRIL 2024 AS WATER CONSERVATION MONTH IN COLLIER COUNTY. TO BE DELIVERED TO HOWARD BROGDON, WATER DIRECTOR Item #16H2 PROCLAMATION DESIGNATING APRIL 20, 2024, AS TRY TRANSIT DAY IN COLLIER COUNTY. TO BE DELIVERED TO BRIAN WELLS, DIRECTOR, PTNE Item #16H3 – Moved to Item 4C (Per Agenda Change Sheet) PROCLAMATION DESIGNATING APRIL 2024 AS AUTISM ACCEPTANCE MONTH IN COLLIER COUNTY. TO BE DELIVERED TO STEPHANIE NORDIN Item #16J1 USE OF $1,000 FROM THE CONFISCATED TRUST FUNDS TO SUPPORT THE FLORIDA AGRICULTURAL CRIMES INTELLIGENCE UNIT, INC. (ALL DISTRICTS) Item #16J2 USE OF $1,000 FROM THE CONFISCATED TRUST FUNDS TO SUPPORT THE NATIONAL LAW ENFORCEMENT OFFICERS April 9,2024 Page 150 MEMORIAL. (ALL DISTRICTS) Item #16J3 RECORD IN THE MINUTES OF THE BOARD OF COUNTY COMMISSIONERS, THE CHECK NUMBER (OR OTHER PAYMENT METHOD), AMOUNT, PAYEE, AND PURPOSE FOR WHICH THE REFERENCED DISBURSEMENTS IN THE AMOUNT OF $49,117,816.44 WERE DRAWN FOR THE PERIODS BETWEEN MARCH 14, 2024, AND MARCH 27, 2024, PURSUANT TO FLORIDA STATUTE 136.06. (ALL DISTRICTS) Item #16J4 VALID PUBLIC PURPOSE FOR INVOICES PAYABLE AND PURCHASING CARD TRANSACTIONS AS OF APRIL 3, 2024. (ALL DISTRICTS) Item #16K1 RESOLUTION 2024-55: RECOMMENDATION TO REAPPOINT TWO MEMBERS TO THE IMMOKALEE LOCAL REDEVELOPMENT ADVISORY BOARD. (DISTRICT 5) – REAPPOINTING ESTIL NULL AND PATRICIA ANNE GOODNIGHT TO THE IMMOKALEE LOCAL REDEVELOPMENT ADVISORY BOARD Item #16K2 SETTLEMENT AGREEMENT IN THE LAWSUIT STYLED CARLA DAVIS V. COLLIER COUNTY BOARD OF April 9,2024 Page 151 COMMISSIONERS, ET. AL., (CASE NO. 23-CA-1105), NOW PENDING IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA, FOR THE SUM OF $9,500. (ALL DISTRICTS) Item #16K3 - Moved to Item #12A (Per Agenda Change Sheet) SETTLEMENT AGREEMENT IN THE LAWSUIT STYLED AARON OLDFIELD V. COLLIER COUNTY, (CASE NO. 22-CA- 1851), NOW PENDING IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA, FOR THE SUM OF $130,000. (ALL DISTRICTS) Item #16K4 RESOLUTION 2024-56: REQUEST BY THE COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY FOR APPROVAL OF A RESOLUTION AUTHORIZING THE AUTHORITY TO ISSUE REVENUE BONDS TO BE USED TO FINANCE THE CONSTRUCTION OF EXPANSIONS AND IMPROVEMENTS TO THE CENTRAL WATER, WASTEWATER, AND REUSE SYSTEMS THAT SERVE THE AVE MARIA UNIVERSITY AND TOWN, AND THE REFUNDING OF THE CURRENTLY OUTSTANDING BONDS FROM THE AUTHORITY'S ISSUANCE OF BONDS IN 2005 TO FUND THE INITIAL CONSTRUCTION OF THE SYSTEM. (DISTRICT 5) Item #17A RESOLUTION 2024-57: PETITION VAC-PL20230005194, TO April 9,2024 Page 152 DISCLAIM, RENOUNCE, AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN A PORTION OF PRESERVE AND REPLANT AREA PA-79 AND ALL OF PRESERVE AND REPLANT AREA PA-86 OF VANDERBILT COUNTRY CLUB-2, AS RECORDED IN PLAT BOOK 32, PAGES 42 THROUGH 55 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED APPROXIMATELY ONE-QUARTER MILE EAST OF COUNTY ROAD 951 (COLLIER BOULEVARD) AND ONE- HALF MILE NORTH OF VANDERBILT BEACH ROAD, IN SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AND TO ACCEPT PETITIONER’S GRANT OF A CONSERVATION EASEMENT TO REPLACE THE VACATED PRESERVE AND REPLANT AREAS. (DISTRICT 3) Item #17B RESOLUTION 2024-58: TO TRANSMIT A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROPOSING AN AMENDMENT TO THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, ORDINANCE 89-05, AS AMENDED, SPECIFICALLY AMENDING THE POTABLE WATER SUB- ELEMENT OF THE PUBLIC FACILITIES ELEMENT TO AMEND POLICY 1.7 TO REFERENCE THE UPDATED TEN- YEAR WATER SUPPLY FACILITIES WORK PLAN, AND AMENDING THE CAPITAL IMPROVEMENT ELEMENT TO CHANGE THE LEVEL OF SERVICE STANDARDS FOR COUNTY POTABLE WATER SYSTEMS AND COUNTY SANITARY SEWER-WASTEWATER TREATMENT SYSTEMS. FURTHERMORE, DIRECTING TRANSMITTAL OF THE AMENDMENT TO THE FLORIDA DEPARTMENT OF April 9,2024 Page 153 COMMERCE. (PL20240000400) (ALL DISTRICTS) Item #17C RESOLUTION 2024-59: PETITION VAC-PL20240000788, TO DISCLAIM, RENOUNCE, AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN THE 30-FOOT-WIDE PUBLIC ROAD RIGHT-OF-WAY EASEMENTS, AS DESCRIBED IN OFFICIAL RECORD BOOK 70, PAGE 504, OFFICIAL RECORD BOOK 90, PAGE 487, OFFICIAL RECORD BOOK 111, PAGE 129, AND OFFICIAL RECORD BOOK 172, PAGE 596, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED APPROXIMATELY 1,050 FEET EAST OF LOGAN BOULEVARD AND LYING SOUTH OF IMMOKALEE ROAD (CR-846) IN SECTION 28, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. (DISTRICT 3) ***** April 9,2024 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 1 :03 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL CHRIS HAL HAIRMA ATTEST., CRYSTAL K. INcZEL, CLERK A stoC�) man 0 4' Writ only These minutes approved by the Board on L 5/ as presented ✓ or as corrected TRANSCRIPT PREPARED ON BEHALF OF FORT MYERS COURT REPORTING BY TERRI L. LEWIS, REGISTERED PROFESSIONAL COURT REPORTER, FPR-C, AND NOTARY PUBLIC. Page 154