Marathon Board of County Commissioners Meeting Heralds in Summer Recess

The Collier County Commissioner Meeting went well into the evening July 13 with a full slate of business matters in the first half of the day followed by over 120 public comments that started after lunch and went well into the evening. Here is a recap:

RLSA Overlay Amendments Approved

Council approved the adoption of the proposed amendments to the Rural Lands Stewardship Area (RLSA) Overlay plan. The amendments that were made “further incentivize the RLSA Overlay valued objectives of protecting and restoring natural habitat and flowways, retain agricultural lands and planning future growth and economic diversification.” An area of concern was whether more than the 45,000 acres of compact urban development could actually be developed in the future. Staff said that while there is a cap of 45,000, a landowner that has agricultural property and doesn’t want to join the overlay does have the right to develop. The commissioners agree it is important to continue aggressive reviews so the plan can be revisited, with incentives provided to keep preserved lands preserved.

Mosquito Control District Expands Boundaries

Mosquito Control District wants to expand the boundaries where they service. This expansion would go into public and private conservation lands that includes 3,000 acres in Rookery Bay and 64,000 acres in Picayune Strand. Because these areas are environmentally sensitive, Meredith Budd from FWC and Brad Cornell from Audubon Florida and Audubon Everglades opposed the expansion. The Mosquito Control wants access to these areas for research and study and have said they don’t anticipate they will go in and “blanket the area with spray”; it may be several years before they exert any control in those areas at all. Their hope is to work in concert with FWC and Audubon on how to manage the parts of those areas that are close to urban populations. Both Budd and Cornell agree on for the need to spray and manage mosquitoes in areas close to homes and neighborhoods and are happy to collaborate and coordinate with the Mosquito Control District; they just do not feel the entirety of the conservation lands, both privately and publicly owned, should be included. Cornell points to the fact that there are environmental consequences when you kill parts of the food chain, which mosquitoes are part of. They do not believe that the non-tax based, private and public conservation lands that are state designated critical wildlife areas should be included. Cornell points out that including these lands “is in contrast to the ecological purposes for which those lands were bought with public tax dollars.” The motion carried 4-1 with Commissioner Taylor in opposition.

Sanctuary County Ordinance Defeated

The afternoon and evening was solely dedicated to over 120 public comments on the proposed Bill of Rights Sanctuary County Ordinance. Passions were high on both sides of the subject. The Bill of Rights Sanctuary County Ordinance was designed to protect residents from any federal law which was deemed to violate an individual’s constitutional rights. Anyone that “knowingly and willingly” participated in the enforcement of the designated unlawful act by the federal government would be subject to civil and criminal penalties. Collier County Attorney, Jeff Klatzkow, felt that the ordinance provided “an incentive for attorneys to bring actions under this (ordinance) because every hour they put in is an hour they can bill.” He also felt the ordinance implied a waiver of legislative immunity for elected officials and created issues with getting federal grants.

Those in favor believed the ordinance would curb government overreach, specifically mentioning the COVID mandates like school and church closures. Also mentioned was election fraud, alternative COVID treatments and gun rights. Those against cited the instability that would be created by allowing any municipality to pick and choose the federal laws they want to follow, the legal fees the county would entail defending the arrests and circumventing the rule of law as already established.

All the commissioners acknowledged the strong emotions and passions on both sides of the issue. The main concern was how this would be enforced and who makes the determination on whether a law is unconstitutional. Violations would be sent to the county sheriff’s department who would then pass the complaint to the State Attorney’s Office. Commissioner Solis said he spoke with the State Attorney’s Office and “they had not been consulted on how the ordinance would work.” Commissioner Saunders also had issue with the mechanics. “How do you determine that the rule of law or regulation is unconstitutional?” he asked. Commissioner Solis commented “we are a country of laws, and we have laws that protect us, and we are here to enforce those laws. If a federal law comes down that any of the Commissioners feel is unconstitutional, we have the ability to challenge that in court. That is the process this country is founded on.”

The ordinance failed by a 3-2 vote. Commissioner Taylor then put through a resolution as a restatement that the Constitution of the United States is the law of the land and Collier County confirms its commitment to equal opportunity under the law; that the County adheres to the Bill of Rights and reaffirms their loyalty and patriotism to the Constitution and the Bill of Rights; and that the Commission of Collier County reaffirms its commitment, patriotism and allegiance to the Constitution, the Bill of Rights and their Amendments. The resolution was seconded by Commissioner McDaniel and passed unanimously.