BCC Minutes 02/11/2020 RFebruary 11, 2020
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TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, February 11, 2020
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 members present:
CHAIRMAN: Burt L. Saunders
Andy Solis
William L. McDaniel, Jr.
Donna Fiala
Penny Taylor
ALSO PRESENT:
Leo Ochs, County Manager
Nick Casalanguida, Deputy County Manager
Jeffrey A. Klatzkow, County Attorney
Crystal K. Kinzel, Clerk of the Circuit Court & Comptroller
Troy Miller, Communications & Customer Relations
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February 11, 2020
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
February 11, 2020
9:00 AM
Commissioner Burt Saunders, District 3 – Chair
Commissioner Andy Solis, District 2 – Vice-Chair
Commissioner Donna Fiala, District 1; CRAB Co-Chair
Commissioner Penny Taylor, District 4
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
(3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN.
REQUESTS TO PETITION THE BOARD ON SUBJECTS WHICH ARE NOT ON
THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION
TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF
THE MEETING AND WILL BE HEARD UNDER “PUBLIC PETITIONS.”
PUBLIC PETITIONS ARE LIMITED TO THE PRESENTER, WITH A
MAXIMUM TIME OF TEN MINUTES.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD
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February 11, 2020
WILL NEED A RECORD OF THE PROCEEDING PERTAINING THERETO,
AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
COLLIER COUNTY ORDINANCE NO. 2003-53 AS AMENDED BY
ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS
SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING
BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY
COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE
BOARD MINUTES AND RECORDS DEPARTMENT.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,
YOU ARE ENTITLED, AT NO COST TO YOU, THE PROVISION OF CERTAIN
ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES
MANAGEMENT DIVISION LOCATED AT 3335 EAST TAMIAMI TRAIL,
SUITE 1, NAPLES, FLORIDA, 34112-5356, (239) 252-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN
THE FACILITIES MANAGEMENT DIVISION.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Senior Pastor Heath Jarvis of Faith Life Worship Center
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. January 14, 2020 BCC Meeting Minutes
C. January 21, 2020 BCC Rural Lands Stewardship Area Workshop
3. AWARDS AND RECOGNITIONS
4. PROCLAMATIONS
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February 11, 2020
5. PRESENTATIONS
A. Presentation of Collier County Business of the Month for February 2020 to
Preferred Travel of Naples, Inc. To be accepted by Olga Placeres, Owner &
President, and Kristina Gear, Managing Director. Also present is Bethany
Sawyer, representing the Greater Naples Chamber of Commerce.
6. PUBLIC PETITIONS
7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT
OR FUTURE AGENDA
8. BOARD OF ZONING APPEALS
9. ADVERTISED PUBLIC HEARINGS
A. This item requires 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. A Resolution of the Board of Zoning Appeals of
Collier County, Florida granting a parking exemption in order to permit off -
site parking for a dental office on a contiguous lot zoned Residential Single
Family (RSF-4). The subject property is located on the east side of Tamiami
Trail North, south of River Court, in Section 22, Township 48 South, Range
25 East in Collier County, Florida. (PL20180002368) (District 2)
10. BOARD OF COUNTY COMMISSIONERS
11. COUNTY MANAGER'S REPORT
12. COUNTY ATTORNEY'S REPORT
A. This item was continued from the January 28, 2020 BCC meeting.
Recommendation to direct the County Attorney to advertise, and bring back
for public hearing, an amendment to Ordinance No. 2013-25, as amended,
the Collier County Hearing Examiner Ordinance, that would revise the
Hearing Examiner’s powers and duties and establish directives regarding the
Hearing Examiner’s conduct. (All Districts)
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February 11, 2020
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
A. AIRPORT
B. COMMUNITY REDEVELOPMENT AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
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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.
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A. GROWTH MANAGEMENT DEPARTMENT
1) Recommendation to approve a professional services Work Order with
APTIM Environmental and Infrastructure, Inc., for a not to exceed
cost of $44,202.60 under Contract #15-6382 to support Phase II of the
Collier County Hurricane and Storm Damage Reduction (HSDR)
Feasibility Study performed by the United States Army Corps of
Engineers, approve all Budget Amendments and make a finding that
this item promotes tourism (Project #80366). (All Districts)
2) Recommendation to approve an interlocal agreement with the City of
Naples for Phase II of a joint stormwater, water, and sanitary sewer
project between Goodlette-Frank Road and US-41 and direct the
County Manager to prepare and issue a Request for Proposals for the
engineering design and post design services for the joint project.
(Project No. 60142) (District 4)
3) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the final plat of Ranch at Orange Blossom,
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February 11, 2020
Phase 4 (Application Number PL20190000864), approval of the
standard form Construction and Maintenance Agreement and approval
of the amount of the performance security. (District 5)
4) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the amended final plat of Brentwood Lakes –
Plat One, (Application Number PL20190001608) approval of the
standard form Construction and Maintenance Agreement and approval
of the amount of the performance security. (District 5)
5) Recommendation to approve final acceptance of the potable water
utility facilities for Ritz-Carlton Naples Hotel Addition Phase 1,
PL20190002724. (District 2)
6) Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of $31,560 which was posted as a
guaranty for Excavation Permit Number 60.165, PL20170004163 for
work associated with Arthrex Administration Building. (District 2)
7) Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of $25,000 which was posted as a
guaranty for Excavation Permit Number PL20180000954 for work
associated with Anguilla at LaMorada. (District 5)
8) Recommendation to award Invitation to Bid No. 19-7662,
“Immokalee Road Landscape Maintenance – Work Area 18B,” to
Mainscape, Inc., as the Primary Contractor, and Walkers Service, Inc.,
as the Secondary Contractor. (All Districts)
9) Recommendation to award Invitation to Bid No. 19-7659, “Radio
Road East Landscape Maintenance - Work Area 23,” to Walkers
Service, Inc., as the Primary Contractor, and Mainscape, Inc., as the
Secondary Contractor. (All Districts)
B. COMMUNITY REDEVELOPMENT AGENCY
1) Recommendation that the Board of County Commissioners, acting as
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February 11, 2020
the Community Redevelopment Agency Board (CRAB), authorizes
budget amendments in the amount of $82,500 to fund the following
redevelopment grant programs previously approved: Site
Improvement; Sweat Equity; Landscape Improvement; and Shoreline
Stabilization and $175,000 moving the existing Commercial Building
Improvement Grant budget to a Bayshore Gateway Triangle CRA
project fund. (District 4)
2) Recommendation that the Board of County Commissioners, acting as
the Community Redevelopment Agency Board, approve and authorize
the Chair to execute a settlement agreement in the lawsuits styled
Bayshore-Marco Island, LLC v. CRA (Case No. 18-CA-3850), Naples
Funding, LLC v. CRA (Case No. 18-CA-3853), and Lendequity, LLC
v. CRA (Case No. 18-CA-3857) for payment by Plaintiffs of
$360,000 and homes built on all lots in 5 phases over the next 36
months. (District 4)
C. PUBLIC UTILITIES DEPARTMENT
1) Recommendation to approve a Third Amendment to Lease Agreement
with LG Mercantile Holdings, LLC, for the continued use of
warehouse/office space used by the Sheriff’s Office. (District 1)
2) Recommendation to award Invitation to Bid (“ITB”) #20-7685,
“Grounds Maintenance – County Facilities” to: Commercial
Landscape Professionals, Inc., d/b/a Trimac Outdoor, Mainscape, Inc.,
Superior Landscaping & Lawn Service, Inc., and A&M Property
Maintenance, LLC, and authorize the Chairman to sign the attached
agreements. (All Districts)
D. PUBLIC SERVICES DEPARTMENT
1) Recommendation to adopt a resolution authorizing the removal of
aged accounts receivable in the amount of $95,161.98, considered
uncollectible or should otherwise be removed from the financial
records of the Collier County Public Library in accordance with
Resolution No. 2006-252. (All Districts)
2) Recommendation to approve an “After-the-Fact” amendment and
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attestation statement with the Area Agency on Aging of Southwest
Florida, Inc., Older American Act grant program for the Collier
County Services for Seniors to increase funding for Congregate
Meals, Home Delivered Meals, increase OAA Nutrition Services
Incentive Program, and authorize supporting Budget Amendments.
(All Districts)
E. ADMINISTRATIVE SERVICES DEPARTMENT
1) Recommendation to approve the administrative reports prepared by
the Procurement Services Division for change orders and other
contractual modifications requiring Board approval. (All Districts)
2) Recommendation to approve the administrative report prepared by the
Procurement Services Division for disposal of property and
notification of revenue disbursement. (All Districts)
F. COUNTY MANAGER OPERATIONS
1) Recommendation to approve the selection committee’s ranking for
Request for Professional Services (“RPS”) No. 20-7680, “Pelican Bay
Sidewalk Improvements Design,” and authorize staff to begin contract
negotiations with the top-ranked firm, Agnoli, Barber, & Brundage,
Inc., so that staff can bring a proposed agreement back for the Board’s
consideration at a subsequent meeting. (District 2)
2) Recommendation to use Tourist Development Tax Promotion Funds
to support the upcoming April 2020 Sports Tourism Events including
the Alligator Alley Baseball Tournament up to $6,750 and the Naples
BMX State Race up to $6,000 and make a finding that these
expenditures promote tourism. (All Districts)
3) Recommendation to authorize expenditures through an Exemption
from the Competitive Process to Visit Florida for destination
marketing programs for a three-year period in the amount of $125,000
per year and to make a finding that these expenditures promote
tourism. (All Districts)
4) Recommendation to authorize expenditures through an Exemption
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February 11, 2020
from the Competitive Process to J.W. Marriott Marco Island for
tourism promotional expenses up to $100,500 per year for a three -year
period and to make a finding that this expenditure promotes tourism.
(All Districts)
5) Recommendation to approve a report covering budget amendments
impacting reserves and moving funds in an amount up to and
including $25,000 and $50,000, respectively. (All Districts)
6) Recommendation to approve the First Amendment to Contract #18-
7281R, Tourism Fulfillment and Call Center Services, to reflect new
and revised costs to include freight and shipping, as needed, for
Fulfillment Services, and make a finding that this item promotes
tourism. (All Districts)
G. AIRPORT AUTHORITY
H. BOARD OF COUNTY COMMISSIONERS
I. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous Correspondence (All Districts)
J. OTHER CONSTITUTIONAL OFFICERS
1) To record in the minutes of the Board of County Commissioners, the
check number (or other payment method), amount, payee, and
purpose for which the referenced disbursements were drawn for the
periods between January 16, 2020 and January 29, 2020 pursuant to
Florida Statute 136.06. (All Districts)
2) Request that the Board approve and determine valid public purpose
for invoices payable and purchasing card transactions as of February
5, 2020. (All Districts)
K. COUNTY ATTORNEY
1) Recommendation to appoint a member to the Educational Facilities
Authority. (All Districts)
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February 11, 2020
2) Recommendation to appoint three members to the Emergency
Medical Authority. (All Districts)
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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.
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18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD’S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER’S OFFICE AT 252-8383.
February 11, 2020
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CHAIRMAN SAUNDERS: Ladies and gentlemen, our meeting
will please come to order.
MR. OCHS: We have the invocation this morning,
Mr. Chairman.
Item #1A
INVOCATION AND PLEDGE OF ALLEGIANCE
CHAIRMAN SAUNDERS: Yes. If you'll please rise for the
invocation by Senior Pastor Heath Jarvis of the Faith Life Worship
Center.
Good morning.
PASTOR JARVIS: Good morning. Let's pray.
Father in heaven, we are grateful for this occasion to come
together as the leadership of Collier County. We are thankful to live
in a nation of such great opportunity. We are thankful, Lord, to live
in a nation of such great wealth and influence. We are thankful that
we can come together before you today publicly and freely without
fear of reprisal from our government. What a blessed people we are.
We're thankful for our community here in Collier County, and
we ask for your guidance as decisions are made today that will affect
all who live here. We acknowledge your providence, and we invoke
your wisdom as we communicate with each other this morning. Help
us today and every day to operate in a spirit of peace.
I pray for all the leaders in this room. I know that their jobs are
not easy, and the burden they carry is not always light. But your
word tells us that your yoke is easy and your burden is light. So we
pray that our leadership trades their heavy burdens for your light
burden, and I pray they don't carry those heavy burdens home to their
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families.
I simply pray, Lord, that you do today as your word says you
will do, make crooked paths straight, open doors no man can open,
give good and perfect gifts, and direct our paths. And I thank you for
this and pray it in Jesus' name. Amen.
CHAIRMAN SAUNDERS: Commissioner Taylor, if you'd lead
us in the pledge.
COMMISSIONER TAYLOR: I'd the honored.
(The Pledge of Allegiance was recited in unison.)
Item #2A
TODAY'S REGULAR, CONSENT AND SUMMARY AGENDA
AS AMENDED (EX PARTE DISCLOSURE PROVIDED BY
COMMISSION MEMBERS FOR CONSENT AGENDA.) –
MOTION TO CONTINUE ITEM #16F4 TO THE NEXT MEETING
– FAILED; APPROVED AND/OR ADOPTED W/CHANGES
CHAIRMAN SAUNDERS: We're on the approval of today's
regular and consent agenda.
MR. OCHS: Yes. Good morning, Mr. Chairman and
Commissioners.
I have one agenda change for today's meeting, and that is
continue Item 16F4 from your consent agenda to the February 25th
BCC meeting. Commissioner Taylor's asked for some additional
information that we're happy to include for the next meeting.
COMMISSIONER FIALA: Excuse me. Can I ask why? You
know, this -- this is very important to Marco Island and to all of our
tourism, and I wonder why you want to pull it.
COMMISSIONER TAYLOR: It's my understanding from our
clerk that -- who had questioned this issue, that -- and to give a --
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well, let me repeat it -- an exemption to $100,000 expense for -- it's
really --
CHAIRMAN SAUNDERS: If I might, just a quick interruption.
I've spoken with the Clerk. I believe we're okay with this item, is that
correct, or did you have some other issues with it?
THE CLERK: I think the County Manager's Office has asked
that that be pulled. After my discussion with Nick, I -- we didn't
request it to be pulled.
CHAIRMAN SAUNDERS: Okay. One at a time. So,
Ms. Kinzel, you don't have any particular issues with this?
THE CLERK: No.
CHAIRMAN SAUNDERS: Okay. And the manager, you've
not asked for this to be pulled?
MR. OCHS: No, sir.
CHAIRMAN SAUNDERS: Okay. Commissioner Taylor?
COMMISSIONER TAYLOR: Yes. Because my name is on it.
I requested it. In a conversation with the Clerk, she did call the --
Jack Wert to find out that that isn't an inclusive for Marco Island.
This is supposed to be over a quarter of a million dollars spread
between all the hotels.
And so what I'm asking for is to list those hotels it's going to be
contributing to. It's not -- it's not a quarter of a million dollars of
tourist money going solely to the JW Marriott.
COMMISSIONER FIALA: Does that affect the price of rice?
CHAIRMAN SAUNDERS: Commissioner Fiala?
COMMISSIONER FIALA: I don't believe --
CHAIRMAN SAUNDERS: If you could.
COMMISSIONER FIALA: Oh, yes, yes. Our TDC chairman.
CHAIRMAN SAUNDERS: Mr. Solis?
COMMISSIONER SOLIS: Yes. We had a long discussion
about this at the last TDC meeting, and it is essentially to provide for
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the ability to bring in the folks that we need to bring in to promote
Collier County and the tourism in Collier County. Everyone on the
TDC was in support of what we're doing, and I think there's a
companion item as well. Which one was this? There was another
one -- we approved two of them at the same time.
MR. OCHS: Yes. There was one for Visit Florida, also.
COMMISSIONER SOLIS: Right. There are, essentially, ways
of dealing with the budget to be able to have that revenue available so
that we can bring the people in at the site visits, and it wouldn't only
be to see the JW Marriott property. It would be to -- you know, these
are county visits, as I understood it.
CHAIRMAN SAUNDERS: Okay.
MR. OCHS: Yes, sir.
CHAIRMAN SAUNDERS: We have a request to continue this.
And generally, as a courtesy to members, we generally will continue
items if there's a request to do so.
Commissioner Taylor, you've heard from the Clerk, you've
heard from Commission Solis, and from the Manager's Office. Do
you still want to continue this?
COMMISSIONER TAYLOR: Yes, I do because, indeed, if we
are giving the JW Marriott a quarter of a million dollars plus
exclusive, which is what this says we're doing, then, yes, I have a
problem with it. If we are including other hotels and resorts in this so
that when we do have visitors we can spread this money in equally --
well, let's say more equitably to other hotels, then I'd like those hotels
listed, and that's it.
CHAIRMAN SAUNDERS: Mr. Ochs, do you have an
explanation on this?
MR. OCHS: Yes, I do, Commissioners.
Commissioner Taylor is -- you are right. Other hotels do participate
in this. This is not an exclusive. What this is, is an exemption from
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the competitive process. The reason this one is on is that it's over the
$50,000 threshold that staff can approve administratively. There are
other awards to other hotels. If those are under $50,000, we can --
we have the budget and we could make those payments. But in this
case, it's over the $50,000 threshold.
And so you're both right, Commissioner. There are other hotels
that participate in this. We don't always bring them back to the
Board. If they're under $50,000 and they're in the budget, we get
TDC approval of the program, and we move out.
So it's not an exclusive, and the item says it's an exemption from
the $50,000 threshold, not an exclusive for this hotel.
CHAIRMAN SAUNDERS: Commissioner Solis.
COMMISSIONER SOLIS: And I would say that I asked these
same questions at the TDC and whether or not we could continue it,
and I think there is some sense of urgency on Jack's part that these
visits are going to be happening, and there was a sense of urgency
with that.
MR. OCHS: They help support large convention visits.
CHAIRMAN SAUNDERS: Ms. Kinzel?
THE CLERK: I did just want to add for the record, because
the -- obviously, the red flag for our office was exemptions from
competitive process. And what Mr. Wert explained to me, which I
took at the word of what he was doing, was that these were kind of
placeholders, open PO's, so that when there was an event, they could
go to all the possible hotels and really competitively select the best
rate under these rates. So that's what was explained to me, which was
the reason that I said okay. And, in fact, I told Jack, putting that
you're exempting from competitive is kind of a red flag, when he
assured me that, in fact, they go between the hotels to obtain the best
rate they can per event.
So I did want to put that on the record as the explanation I
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received that made me okay with what he was doing, and we'll follow
up.
CHAIRMAN SAUNDERS: All right. We have a request to
continue Item 16F4. All in favor of that motion, signify by saying
aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN SAUNDERS: All opposed?
COMMISSIONER SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN SAUNDERS: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN SAUNDERS: All right. So that will continue to
be on the consent agenda.
MR. OCHS: That's all the changes that I had this morning,
Mr. Chairman.
CHAIRMAN SAUNDERS: All right. We'll start on the left
end of the Board and see if there are any other changes.
Commissioner McDaniel.
COMMISSIONER McDANIEL: Good morning, sir. I have no
other changes and no ex parte on the consent or summary.
CHAIRMAN SAUNDERS: Commissioner Taylor.
COMMISSIONER TAYLOR: No changes, no ex parte.
CHAIRMAN SAUNDERS: Commissioner Solis?
COMMISSIONER SOLIS: No changes and no ex parte.
CHAIRMAN SAUNDERS: And, Commissioner Fiala.
COMMISSIONER FIALA: No changes, no ex parte. I just
want to clarify that I understood; we talked yesterday on the median
landscaping on Radio Road and also on Collier Boulevard to Wilson.
That's already landscaped, is that it, and that's been in place?
MR. CASALANGUIDA: Yes.
MR. OCHS: Yes, ma'am. That's existing landscaping.
February 11, 2020
Page 8
COMMISSIONER FIALA: I want to make sure. So if anybody
reads that, I want to make sure that it's a fair thing.
MR. OCHS: You're correct.
COMMISSIONER FIALA: Okay. Thank you. No changes.
CHAIRMAN SAUNDERS: And I have no changes and no ex
parte as well.
Proposed Agenda Changes
Board of County Commissioners Meeting
February 11, 2020
Continue Item 16F4 to the February 25, 2020 BCC Meeting: Recommendation to authorize
expenditures through an Exemption from the Competitive Process to J.W. Marriott Marco Island
for tourism promotional expenses up to $100,500 per year for a three-year period and to make a
finding that this expenditure promotes tourism. (Commissioner Taylor’s request)
2/19/2020 10:36 AM
February 11, 2020
Page 9
Item #2B
JANUARY 14, 2020 BCC MEETING MINUTES - APPROVED AS
PRESENTED
CHAIRMAN SAUNDERS: Next is the approval of the minutes
of the January 14th, 2020, meeting. Is there a motion to approve the
minutes?
COMMISSIONER SOLIS: So moved.
COMMISSIONER TAYLOR: Second.
CHAIRMAN SAUNDERS: All in favor, signify by saying aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN SAUNDERS: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN SAUNDERS: All opposed?
(No response.)
CHAIRMAN SAUNDERS: It passes unanimously.
Item #2C
JANUARY 21, 2020 BCC RURAL LANDS STEWARDSHIP
AREA WORKSHOP - APPROVED AS PRESENTED
CHAIRMAN SAUNDERS: Item 2C, the Rural Lands
Stewardship Area workshop minutes.
COMMISSIONER SOLIS: Motion to approve.
COMMISSIONER McDANIEL: Second.
CHAIRMAN SAUNDERS: All in favor, signify by saying aye.
COMMISSIONER SOLIS: Aye.
February 11, 2020
Page 10
COMMISSIONER FIALA: Aye.
CHAIRMAN SAUNDERS: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN SAUNDERS: All opposed?
(No response.)
CHAIRMAN SAUNDERS: It passes unanimously.
Item #5A
PRESENTATION OF COLLIER COUNTY BUSINESS OF THE
MONTH FOR FEBRUARY 2020 TO PREFERRED TRAVEL OF
NAPLES, INC. ACCEPTED BY OLGA PLACERES, OWNER &
PRESIDENT, KRISTINA GEAR, MANAGING DIRECTOR,
KRISTINA GEAR, JENNY PIERCE, KAREN PICKRUM, AND
SUE HUFF. ALSO PRESENT WAS BETHANY SAWYER,
REPRESENTING THE GREATER NAPLES CHAMBER OF
COMMERCE – PRESENTED
MR. OCHS: Mr. Chairman, that takes us to Item 5A this
morning. This is a presentation of the Collier County Business of the
Month for February 2020 to Preferred Travel of Naples,
Incorporated. To be accepted this morning by Olga Placeres, the
Owner and President; Kristina Gear, Jenny Pierce, Karen Pickrum,
and Sue Huff, also Bethany Sawyer representing the Greater Naples
Chamber.
If you'd please step forward and receive your award.
(Applause.)
CHAIRMAN SAUNDERS: If you'd like to make a few
comments, feel free.
MS. PLACERES: Thank you. Good morning. Thank you so
February 11, 2020
Page 11
much for this honor. We've -- my name is Olga Placeres. I'm the
president of Preferred Travel of Naples. We were founded over 36
years ago by the late Earl Hodges and Ms. Wilma Boyd.
Mrs. Boyd retired last August, and I became sole owner of the
agency with an incredible team that has been with us for many, many
years.
I was lucky enough to be with Ms. Wilma for 31 years as
business partner and an employee with her. Learned a lot. And here
we are. We have over 55 employees and independent contractors all
throughout the United States and locally. We serve our community.
We're very active members in our community. We continue to serve
and support local charities with fund raising events.
We also are very committed to our staff and our team. Our
employees have been there for a very long time. And that's what I
hope to continue on as I carry on their legacy.
For 13 years we have held a travel show, and over the last 13
years we've raised over a half a million dollars for charities. This
coming Monday will be our 14th travel event at the Club Pelican
Bay.
We have a great relationship with all of our suppliers, and our
main mission is our clients. We know that everything that we sell
you can buy online. However, when you come to us, it's about
service, and it's about sitting right there with you on the phone,
through emails, and making sure that we do the best that we can for
each and every one of our customers. And that's why we've been
there for so many years.
I welcome any questions you may have for me this morning.
CHAIRMAN SAUNDERS: I will tell you I've used your
agency, and you guys do a great job.
MS. PLACERES: Thank you.
CHAIRMAN SAUNDERS: And it is all about the service, and
February 11, 2020
Page 12
it is a great service.
Any other comments or questions from the Board?
Commissioner McDaniel.
COMMISSIONER McDANIEL: I have a story to share, and for
those of you who don't know, Earl and I were very, very close for
many, many years. And he had one of the coolest business cards I
ever saw. And it was: For a two-way trip call Preferred, and then the
other side, for the one-way trip call Hodges.
MS. PLACERES: Very special man.
COMMISSIONER McDANIEL: He was a 20 -- well, forever,
we were --
MS. PLACERES: One and only, correct.
COMMISSIONER McDANIEL: I love that man.
MS. PLACERES: Excellent.
CHAIRMAN SAUNDERS: Thank you very much, and
congratulations.
MS. PLACERES: Thank you very much for the honor. We
appreciate it.
CHAIRMAN SAUNDERS: Let me talk a little bit about the
featured Artist of the Month. It is Black History Month, and our
featured artist is a resident, Michelle Tricca. And if you'll look to the
back there, you'll see some incredible photographs.
Michelle Tricca is a portrait artist and mural advocate. On
display is a curated selection of portraits from her current work in
progress, the Face of Immokalee. This project celebrates diversity in
Collier County and the soul of Immokalee through compelling
portraits of its residents.
Michelle displayed a bold public mural named a "Face in the
Crowd," a photographic tribute to human diversity, and was
recognized in 2011 with the Bill Neil Award for Public Art for the
Bayshore CRA for outstanding achievement in promoting the arts,
February 11, 2020
Page 13
economic development, community social interaction, and
environmental sustainability.
And those are some magnificent photos. Commissioner Taylor,
I think, probably -- as a photographer yourself, I think you'd probably
agree.
COMMISSIONER TAYLOR: Yeah. They were -- I've been
studying them. Wonderful.
CHAIRMAN SAUNDERS: All right.
Item #7
PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE
CURRENT OR FUTURE AGENDA
MR. OCHS: Mr. Chairman, we moved to Item 7 this morning,
public comments on general topics not on the current or future
agenda.
MR. MILLER: Mr. Chairman, I have two registered speakers
for this item. Your first speaker is Garrett F.X. Beyrent, and he will
be followed by Rae Ann Burton. I saw Garret here earlier this
morning, but I do not see him in the room.
Rae Ann, would you like to come up, please.
MS. BURTON: Good morning, Commissioners. My name is
Rae Ann Burton. Golden Gate Estates.
The meeting of 28th January 2020 on the agenda was a very
vital issue. It concerned the residents not only of Golden Gate
Estates but Collier County as well. This issue is not only crucial to
the unique environment area and the endangered wildlife, but also the
well-being of the long-term residents, not only to Rivergrass but the
future development of this sensitive area; that there should have been
at least four votes to pass and not three.
February 11, 2020
Page 14
In spite of over 25 comments against and even the denial from
your own planning committee. And the five that approved were
either on the owner's board, worked for the developer, or got a large
donation. Three of this board of approved it.
Commissioner Solis, you showed us a map of new building
permits for the area. How many of these new permits are for site
homes built by the developers to show homes for these dense
developments?
There are at least three on my street that are not built by
individuals. These are -- even site homes on Randall. Sir, you used
that map against the voters and the residents of the Estates stating
scattered building to approve dense housing. It will cost 47 percent
more to own in the Estates.
Golden Gate Estates has a better cohesive planned neighborhood
than any of the developments, especially Rivergrass.
Commissioners, this project needs to go back to the drawing board
for better planning. Make sure that the endangered wildlife is
protected.
The developers are getting credit to open a screen, clear some
evasive vegetation, even credits for donating land needed for their
access to Rivergrass. If these things are so important, why has it not
already been done?
Have they reclaimed any land for preservation from these
credits? I feel the only reason this site was chosen was to get more
credits and free access road paid by the taxpayers. These villages are
designed to replace the developer's withdrawn Rural Lands West so
they can build it as villages without the high cost and restrictions of a
town.
The costs now are the taxpayers', and the developers pay less
and get credits as well.
We voted for you to protect us, provide us with safe
February 11, 2020
Page 15
environments, and to preserve the environment and our choice of life,
not to cater to the whims of the developers.
This is where we live. It was chosen because of its unique
environment, rural area, and wildlife. Please do not turn it to a
Miami or massive houses so close together that generators are not
permitted.
These villages benefit no one but the landowners and the
developers while destroying ours. We counted on you to protect us.
Not to sell us out to the developers.
MR. MILLER: Your next and final speaker for this item is
Garrett Beyrent.
CHAIRMAN SAUNDERS: Let me caution in terms of public
comment. Your last comment is unacceptable. We're not making
personal attacks, and so, please -- in the future, please refrain from
personal attacks like to selling out to developers. That is -- and
you're in the audience, and your time is up, so...
Mr. Beyrent.
COMMISSIONER McDANIEL: Mr. Chair?
CHAIRMAN SAUNDERS: Yes.
COMMISSIONER McDANIEL: Just as a suggestion maybe we
could, under public comment have those -- because most of the time
they're preprinted -- and I'm sure Rae Ann wasn't meaning what she
was saying with malice. But if someone of staff could read through
those, maybe we could help better --
CHAIRMAN SAUNDERS: I don't think we should get into
trying to read those statements.
COMMISSIONER McDANIEL: Okay.
CHAIRMAN SAUNDERS: Yeah. I just want to caution --
when this does happen, I want to caution the speakers that it's not
acceptable to make personal attacks.
COMMISSIONER McDANIEL: Okay.
February 11, 2020
Page 16
CHAIRMAN SAUNDERS: Your views are important to us, but
we try to keep away from any personal things.
Mr. Beyrent.
MR. BEYRENT: Good morning, ladies and gentlemen.
It's award ceremony time again. And this -- these are awards
that are coming out of the Golden Gate Farmers Market. And what
happens is they approach me because I volunteer out there to help
economic development on the lowest end of the spectrum, which is
farmers markets.
And what I've got is a bag that says the Golden Gate Farmers
Market on it. There is an object that fits in this bag, but it is a
projectile. It's a gold-plated deer, and it's a trophy for Commissioner
Burt Saunders.
And they all love Burt out at Golden Gate City and the Estates,
particularly the city, with this whole innovation plan for the whole
rejuvenation of Golden Gate City, particularly less -- the Estates
that -- I'm not really considered involved with the Estates, but the
City needs to be redone, and Burt's going to do it.
And the reason why this is empty, I told you, but this bag is
coming from the only Italian who's in the Golden Gate Farmers
Market. His name is Giovanni Vandetto (phonetic). And Giovanni
does not speak English. And for two years I had a little booth next to
him. I thought he was Spanish, because everybody else is Latino.
But as they told me, Latino is actually Italian.
So the long and short of it is, this is a bag. The object is
downstairs in a box. That was Mary's idea; great idea. Never bring
anything into a room you can throw at people. Bad idea, except a
hat, and you can throw this hat. This is a great hat. It's a D.A.R.E.
program which we hope to rejuvenate starting out in Golden Gate at
the farmers market. That's where this came from. What's really
bothering me is that it was made in Indonesia. Do we make anything
February 11, 2020
Page 17
here in this country anymore? I don't know.
Anyhow, hoping to be working with you-all this year. Thank
you.
CHAIRMAN SAUNDERS: Thank you very much.
COMMISSIONER McDANIEL: Garrett, we're all -- Garrett,
what's the F.X. stand for?
MR. BEYRENT: Francis Xavier. I'm a Catholic priest. Didn't
you know that? Nobody told you that?
COMMISSIONER McDANIEL: I've forgotten. I knew that
once.
MR. BEYRENT: Was that on the record?
CHAIRMAN SAUNDERS: Everything's on the record. Thank
you very much, Garrett.
Item #9A
RESOLUTION 2020-29: GRANTING A PARKING EXEMPTION
IN ORDER TO PERMIT OFF-SITE PARKING FOR A DENTAL
OFFICE ON A CONTIGUOUS LOT ZONED RESIDENTIAL
SINGLE FAMILY (RSF-4). THE SUBJECT PROPERTY IS
LOCATED ON THE EAST SIDE OF TAMIAMI TRAIL NORTH,
SOUTH OF RIVER COURT, IN SECTION 22, TOWNSHIP 48
SOUTH, RANGE 25 EAST IN COLLIER COUNTY, FLORIDA –
ADOPTED
MR. OCHS: Mr. Chairman, that takes us to this morning's
advertised public hearing. It is Item 9A, and this item does require ex
parte disclosure by commission members, and any participants will
be sworn in.
This is a resolution of the Board of Zoning Appeals granting a
parking exemption in order to permit off-site parking for a dental
February 11, 2020
Page 18
office on a contiguous lot zoned Residential Single-Family 4. The
subject property is located on the east side of Tamiami Trail North,
south of River Court.
MR. KLATZKOW: I'd just like to note there's no opposition to
this present.
CHAIRMAN SAUNDERS: All right. Let's go through the ex
parte communications.
Commissioner McDaniel.
COMMISSIONER McDANIEL: I have no disclosures.
CHAIRMAN SAUNDERS: Commissioner Taylor.
COMMISSIONER TAYLOR: No disclosures.
CHAIRMAN SAUNDERS: Commissioner Solis.
COMMISSIONER SOLIS: No disclosures.
CHAIRMAN SAUNDERS: Commissioner Fiala.
COMMISSIONER FIALA: No disclosures.
CHAIRMAN SAUNDERS: And I have no disclosures.
And then I believe you're swearing in the participants?
MR. OCHS: Do we swear in the petitioner, Mr. County
Attorney?
MR. KLATZKOW: Yes, this is quasi-judicial.
(The speakers were duly sworn and indicated in the affirmative.)
CHAIRMAN SAUNDERS: All right. Good morning. If you'll
state your name for the record.
MR. BLUESTEIN: Jeff Bluestein for the Law Office of Tony
Lawhon for the petitioner, Matthew Holton.
MS. RICHARDS: Courtney Richards with Cronin Engineering.
MR. BLUESTEIN: Basically, this is a parking exemption for a
contiguous -- as you heard from the presentation, for a contiguous lot
that is next to a dental office. There's an expansion that's planned for
the dental office. There's an amended SDP that has been --
application that has been made and that is pending.
February 11, 2020
Page 19
We previously applied for and were given an administrative
parking reduction because we don't have the required number of
spaces, which for this particular space would be 21. We have 15. I
think there's an administrative parking reduction that's in place
already for the existing structure from nine to six. So, essentially,
we're just looking to use the adjacent residential lot for parking and to
assist in the expansion.
The nature of the business is unique for purposes of traffic,
which I'm sure is always a pretty big concern to the Commission. It's
not -- as, I think, the Court -- the Court. I apologize. I'm in front of
the Court frequently. I'm in front of the Commission less.
In your packet you'll see an abbreviated traffic study. The trips
are minimal. I mean, this is -- this has been determined to be a de
minimus impact on traffic, which is the lowest level of impact. I
don't believe there's any public opposition here today. There was one
person present at the planning board, but that person, I think, was
satisfied with the presentation that we made.
So we would ask that the Commission affirm the decision of the
planning board.
CHAIRMAN SAUNDERS: All right. Commissioner Taylor.
COMMISSIONER TAYLOR: Just briefly. How are you
protecting the neighborhood from the parking lot in terms of what
kind of buffering? What are you doing?
MS. RICHARDS: There's going to be a 6-foot -- I believe it's
6-foot -- yeah, 6-foot masonry wall in addition to a landscape buffer.
We're going to be doing a Landscape B buffer there as well.
MR. BLUESTEIN: Fifteen-foot.
COMMISSIONER TAYLOR: Okay. Thank you.
CHAIRMAN SAUNDERS: All right. Any other questions?
(No response.)
CHAIRMAN SAUNDERS: Do you have anything else in your
February 11, 2020
Page 20
presentation? That concludes that?
(No response.)
CHAIRMAN SAUNDERS: Any presentation from staff?
MR. OCHS: No, sir.
COMMISSIONER TAYLOR: Move approval.
COMMISSIONER McDANIEL: Second.
CHAIRMAN SAUNDERS: Then we'll close the public hearing.
I assume that no one's registered to speak.
So we have a motion and a second to approve. All in favor,
signify by saying aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN SAUNDERS: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN SAUNDERS: All opposed?
(No response.)
CHAIRMAN SAUNDERS: It passes unanimously.
Thank you. Congratulations.
MR. BLUESTEIN: Thank you.
CHAIRMAN SAUNDERS: That moves us to Item 12A; is that
correct, Mr. Ochs.
MR. OCHS: Yes, Mr. Chairman. Just, if I could, we got a note
from Minutes and Records on the email here that, apparently, we
failed to formally approve Item 2A, which was the regular and
consent agenda and summary agenda.
CHAIRMAN SAUNDERS: Okay.
MR. OCHS: If we could just clean that up.
CHAIRMAN SAUNDERS: We'll back up. I will entertain a
motion to approve the regular and consent agenda.
COMMISSIONER SOLIS: So moved.
February 11, 2020
Page 21
COMMISSIONER TAYLOR: Second.
CHAIRMAN SAUNDERS: We have a motion and second. All
in favor, signify by saying aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN SAUNDERS: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN SAUNDERS: All opposed?
(No response.)
CHAIRMAN SAUNDERS: It passes unanimously.
MR. OCHS: Thank you very much.
Item #12A
THE COUNTY ATTORNEY TO ADVERTISE, AND BRING
BACK FOR PUBLIC HEARING, AN AMENDMENT TO
ORDINANCE NO. 2013-25, AS AMENDED, THE COLLIER
COUNTY HEARING EXAMINER ORDINANCE, THAT WOULD
REVISE THE HEARING EXAMINER’S POWERS AND DUTIES
AND ESTABLISH DIRECTIVES REGARDING THE HEARING
EXAMINER’S CONDUCT – MOTION TO APPROVE
ORDINANCE AS DRAFTED – APPROVED; STAFF DIRECTED
TO SEAK OUT A STAFF MEMBER POSITION TO FILL THE
VOID AT GROWTH MANAGEMENT OF AN ADVISORY THAT
WAS PREVIOUSLY PROVIDED BY MARK STRAIN –
CONSENSUS
MR. OCHS: Yes, sir, now we move to Item 12A. This item
was continued from your January 28th, 2020, BCC meeting. It's a
recommendation to direct the County Attorney to advertise and bring
February 11, 2020
Page 22
back for public hearing an amendment to Ordinance No. 2013-25, the
Collier County Hearing Examiner ordinance that would revise the
Hearing Examiner's powers and duties and establish directives
regarding the Hearing Examiner's conduct.
Mr. Klatzkow.
MR. KLATZKOW: Yeah. I don't know if the Board requires a
presentation, since this is a continuation.
CHAIRMAN SAUNDERS: I think it would be helpful to have
a brief presentation on that, if there's no objection from the Board.
(No response.)
MR. KLATZKOW: For the record, Jeff Klatzkow, County
Attorney.
Just to get back to a little historical in time, the original
ordinance was drafted in large part with Mark Strain in mind. It was
the thought process that Mark would be a full-time employee
stationed at Horseshoe, and part of his duties would be a traditional
hearing examiner where he would hold hearings, but also part of his
duties would be just to be at Horseshoe to answer questions from the
public, from staff, and from my office.
Commissioner Solis believes that the appropriate method for a
hearing examiner would be more as -- in a judicial role rather than as
a county employee. And there are many ways to view this. At the
end of the day, it's a policy decision.
So that what the ordinance does is that it eliminates the
additional duties, which would make the Hearing Examiner available
for questions from the Commission, from staff, from my office. And,
again, that was Mark's role as a full-time employee. And instead it
takes the Hearing Examiner ordinance and it migrates it more
towards a judicial function.
The second portion of the ordinance -- Mr. County Manager, if
you can put that on -- would be in light of that, what we've done is
February 11, 2020
Page 23
we've taken basically the conduct of what a judge would have, and
we've recast that as the conduct of the hearing examiner to, again,
make it more in the role of a judge's role, sort of like what Brenda
Garretson does for us as a special magistrate. Sort of the same
concept. Migrating from, again, an employee to more of Brenda
Garretson's role as a special magistrate, just hear -- actually hear
pending issues.
CHAIRMAN SAUNDERS: Commissioner Taylor.
COMMISSIONER TAYLOR: Yes. If you would be so kind to
put this on the visualizer.
COMMISSIONER McDANIEL: I would have done it. I'd have
got up and ran it for you.
COMMISSIONER TAYLOR: In response to a conversation at
our last meeting, I did call our Hearing Examiner, or former Hearing
Examiner, Mark Strain, to find out, Mark, you actually said you're
not needed?
And he said, no, no, no. What I said is -- this is the number of
hearings that he had over a seven-year period, 257. He said, the
majority of my work was answering questions for staff, for calls from
the public, and from the commissioners. He said that's where I
worked. That's why I spent 12-hour days. It wasn't this (indicating).
This is very important, but -- and so I listened to it, and I said, well,
that makes great good sense.
So then I thought, well, how are we going to fill that void?
Now --
COMMISSIONER McDANIEL: Never, by the way.
COMMISSIONER TAYLOR: Well, you know, that's what I
said. But then I've been hearing people that are much more
experienced in staff than I am saying, you know, there may not be an
exact Mark Strain, but there might be someone out there that could
fill that role that would be judicial but also be willing to do the
February 11, 2020
Page 24
research for -- to answer these questions. And I actually had a very
impassioned conversation in terms of the need, the great need of staff
to have this kind of research at their fingertips when they're going to
the Commission with a decision that might be quasi-judicial or, you
know, range from the normal decisions on a day-to-day basis.
So I'm wondering and thinking about this. Maybe rather than --
understanding where we're headed, understanding that we've got a
hearing examiner ordinance that needs -- we need to find a hearing
examiner. There's no argument about that.
Perhaps rather than creating this ahead of it, maybe we could go
out into the public and ask for people to respond. I'm remembering
so often retired judges, and they're called special masters, and in the
city we utilized them on more than one occasion. Those folks are out
there, and perhaps we could -- rather than right -- accept this right
now as -- in terms of what we should do, we should leave the hearing
ordinance the way it is and then see who answers and see if they're
willing to do it.
I mean, it's -- I really understand why there has to be a vote of
three in order for this commissioner to ask -- a vote of three up here,
like a majority of my colleagues just saying, yes, it's okay to call the
Hearing Examiner about this. I can tell you that there are occasions
where having meetings every two weeks, there's no time to do that.
COMMISSIONER McDANIEL: Right.
COMMISSIONER TAYLOR: This is a huge, huge void that
I'm learning about from more than one quarter, which is my quarter.
I'm learning about it from the people, and I'm learning about it from
staff, and I think we owe it to our government to find a person that
will never fill the shoes exactly but perhaps would be willing to work
with us so that we could bring somebody in here who could answer
questions without having a majority of commissioners agree to it. So
that's --
February 11, 2020
Page 25
CHAIRMAN SAUNDERS: Commissioner Solis.
COMMISSIONER SOLIS: Yeah. And I understand that. And
I just -- going back to what I said at the last meeting, we have what I
think is one of the most professional staff in the state of Florida. It
seems to me if one of us needs research or historical data or anything
like that, we should ask the staff for that, and we can ask the staff for
that without even having a vote. I mean, that's what our staff is for.
If we need a dedicated staff person to do that, that's a different issue.
But I think it's -- and, certainly, we need back up. Sometimes
the issues are complicated, the history is long, and we need some
assistance like that. But I think that, you know, separating those two
functions is really the appropriate thing to do.
And I would only suggest that in order to go out to the
community -- and I agree, there are a number of very qualified
people, not the least of which would be judges, retired judges, that
could do this hearing examiner work. I think they need to know
clearly what their role's going to be.
So, you know, I was tasked with amending this to make it more
of a judicial role, separate these functions, which I think would be
helpful to do. And I don't know that separating the functions
prevents us from getting the kind of support that we need on land-use
issues. I mean, it's -- our staff is always available without the need
for a vote.
CHAIRMAN SAUNDERS: Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes, I agree with
Commissioner Solis. You know -- and I'm -- and I'm okay with these
suggestions for the adjustments to this particular ordinance. I have
said in the past, I don't think we should be in a rush to fill the position
necessarily right now. I have had conversations with Mark Strain.
By the way, he's still around. He's just now riding on his newly
refurbished tractor that he got done. He's harder to get. He's not
February 11, 2020
Page 26
sitting there waiting for you to call like he used to be, but he still is
available to us and by no means is an invaluable information source.
Has been for our community forever.
But one of the suggestions I would like to make -- and I'm --
Nick, you and I were talking about it yesterday -- is maybe a hybrid
of such to not necessarily -- because -- or Mark Strain has suggested
that with some instruction, if you will, guidelines from the Planning
Commission, a lot of these decisions can be done administratively by
our staff and not have to relegate everything back through the old that
way it was with the Planning Commission and coming back to us.
So my suggestion is, let's let this go forward as-is, whereas,
because we don't have a hearing examiner lined up yet, per se, and
then I would ask the County Attorney to maybe do some looking into
other communities, what other communities do with their hearing
examiners and the like, and maybe we could come back with some
kind of -- again, I don't have an issue with what Mr. Strain was doing,
but I'm just -- I think we're -- there are other ways to accomplish the
same goal.
CHAIRMAN SAUNDERS: Commissioner Fiala.
COMMISSIONER FIALA: Yes. I think it's going to be
difficult to find somebody on the street with the history that we need
to answer some of the questions, and that history is important. I don't
know.
But there are people out there, I'm sure, but I don't think we can
be in a rush to hire anybody until we find the right person, because
there's some big shoes to fill here.
COMMISSIONER McDANIEL: There sure is.
CHAIRMAN SAUNDERS: Commissioner Taylor.
COMMISSIONER TAYLOR: I think the question is, do we
hire two people? Do we hire a hearing examiner, and then do we hire
someone that would be available for the research?
February 11, 2020
Page 27
And I just would remind this commission and Commissioner
Solis, it was staff that had the impassioned plea. It was staff, that
they need that help. This isn't just Commissioner Taylor saying, gee,
it was great to be able to call Mark up from time to time. It was staff.
And I think if you took a poll of the public, you'd find that it would
be the same thing; that that research is a critical void in hiring a
hearing examiner only in a -- as a judicial role, because that's not
what Collier County has. This ordinance that was written, it was
written by staff to fulfill a need at the time, and I think that need is
still here.
CHAIRMAN SAUNDERS: All right. I agree with
Commissioner Solis and Commissioner McDaniel, and I believe
Commissioner Fiala is on board as well. I would entertain a motion
to approve the ordinance as recommended along with direction for
staff to explore the potential for that position that's been described.
But first let's deal with the ordinance itself. Is there a motion to
approve the ordinance?
COMMISSIONER SOLIS: I'll make the motion to approve.
CHAIRMAN SAUNDERS: Is there --
COMMISSIONER McDANIEL: Second?
CHAIRMAN SAUNDERS: All right. We have a motion and
second. Any discussion?
COMMISSIONER FIALA: Just one more thing.
CHAIRMAN SAUNDERS: Commissioner Fiala.
COMMISSIONER FIALA: Many times I would have
constituents call and ask me different questions, but it got into the
history and so and so on; it isn't this. And sometimes the staff
members were new, and they didn't have that. And I would always
ask Mark if he would mind if somebody gave him a call.
He said, just give them my cell phone number. I'm here.
And so I think we're going to have to be really selective in trying to
February 11, 2020
Page 28
find somebody that will fill all the bills that are needed.
COMMISSIONER TAYLOR: But, remember, according to this
ordinance, ma'am, we have to come back to the Commission to ask
their permission for even the public to do it, because he's a
subcontractor. So it's by the hour. This isn't a salaried position.
CHAIRMAN SAUNDERS: All right. We have a motion and a
second.
COMMISSIONER FIALA: One more thing.
CHAIRMAN SAUNDERS: Commissioner Fiala.
COMMISSIONER FIALA: We have to make sure, though, that
we move forward with this, because we've got a lot of developers that
are counting on people just figuring the simple things out and getting
it done, and we can't let them hanging out there, whether --
COMMISSIONER TAYLOR: They can't call.
COMMISSIONER FIALA: -- it be for docks or anything.
COMMISSIONER TAYLOR: They're not going to be able to
talk to the Hearing Examiner either without our permission, with our
vote, and that's the -- that's the problem with this ordinance the way
it's written.
CHAIRMAN SAUNDERS: All right. We have a motion and a
second. Let's deal with the ordinance, and then we'll deal with the
staff issue. All in favor of the ordinance as drafted, signify by saying
aye.
COMMISSIONER SOLIS: Aye.
CHAIRMAN SAUNDERS: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN SAUNDERS: All opposed?
COMMISSIONER FIALA: Aye.
COMMISSIONER TAYLOR: Opposed.
CHAIRMAN SAUNDERS: It passes 3-2.
The next issue -- and it's not on our agenda, but there's been a lot
February 11, 2020
Page 29
of discussion concerning the potential need for some staff person to
fill the void left when Mark Strain resigned as our hearing examiner.
I think if staff could come back to us and kind of report how you
might fill that void, if that void needs to be filled, would that satisfy
everybody in terms of --
COMMISSIONER TAYLOR: Yes.
CHAIRMAN SAUNDERS: All right. So you've got that
direction.
COMMISSIONER TAYLOR: And, excuse me.
CHAIRMAN SAUNDERS: Commissioner Taylor.
COMMISSIONER TAYLOR: Before we leave this topic, how
are we doing about our director of zoning, I guess it is?
COMMISSIONER FIALA: Say that again, please.
COMMISSIONER TAYLOR: Since Mike Bosi has left and
Mr. Weeks is going to be leaving, where are we with our search?
MR. CASALANGUIDA: We've hired an outside firm. They're
receiving and vetting applications right now. Tentative date is April
to be -- to secure that.
COMMISSIONER TAYLOR: Okay.
MR. CASALANGUIDA: Yeah.
COMMISSIONER TAYLOR: Thank you.
CHAIRMAN SAUNDERS: All right. Mr. Ochs?
That takes us to...
Item #15
STAFF AND COMMISSION GENERAL COMMUNICATIONS
MR. OCHS: Yes. Mr. Chairman, that takes us to Item 15, staff
and commission general communications.
First item of communication is just to remind the Board that
February 11, 2020
Page 30
your next workshop is April 7th at 9:00 a.m. That's your annual
workshop with your two CRAs. Again, that's April 7th at 9:00 a.m.
The second item I have, Commissioners, is I've asked
Mr. Mullens to come up and provide a brief summary of the trip that
the Chairman and Commissioner McDaniel and John took to
Tallahassee, and, specifically, an update on the vacation rental bill,
and I'm sure that the Chair and Commissioner McDaniel might want
to chime in here as well.
CHAIRMAN SAUNDERS: We'll have some comments, I'm
sure. But before John starts, I just want to congratulate and thank
him. He does a tremendous job for us up in Tallahassee.
Everything's well organized. Our lobbyist -- our lobbying firm, they
do a great job for us. So I had absolutely no negative in terms of
changes or anything. You're doing a great job for us, so...
MR. OCHS: Thank you, sir.
COMMISSIONER McDANIEL: Second.
MR. MULLENS: I appreciate that, especially given the
circumstances of the return trip home. Something I think both of us
would like to forget.
But, yeah, as Leo said, I've been asked to give you an update on
vacation rental legislation that is currently moving through both
houses of the legislature. And to begin to do that, I also want to do a
brief history to put the bills into context.
Now, prior to 2011 local governments regulated the vacation
rentals. Now, they could restrict or ban the use of residential
properties via vacation rentals, but in 2011 the State preempted local
governments from enacting any law, ordinance, or regulation that
restricted the use, prohibited vacation rentals, or regulated vacation
rentals based solely on their classification, use, or occupancy.
And the 2011 preemption did not apply to local regulations
enacted on or before June 1st of that year. And that's what brings us
February 11, 2020
Page 31
to current law. In 2014, the legislature gave us current law and
narrowed the preemption to those local regulations which prohibit
vacation rentals or regulate the duration or frequency of vacation
rentals.
Now, the 2011 grandfathering still remains. However, the last
few sessions have seen several attempts to revisit aspects of vacation
rentals or completely preempt. Now, latest session there were three
sets of vacation rental bills with differing levels of preemption. This
session there's a more focused approach with only one pair of
companion bills.
Now, these companion bills expressly preempt all regulation of
vacation rentals to the State, including inspection and licensing.
Now, local governments can continue to regulate activities at the
rental provided the regulation applies uniformly to all residential
properties.
Now, Senate Commerce and Tourism is going to meet in about
15 minutes, and they have a Senate strike-all amendment by the
sponsor of the bill pending which would allow for local regulations to
be adopted provided it's less restrictive regarding a prohibition,
duration, or frequency without losing grandfather status.
COMMISSIONER TAYLOR: So would you translate that to
English, please?
MR. MULLENS: Basically, what it is saying is that the
grandfather clause that applied to regulations prior to 2011, a lot of
municipalities have been hesitant to go back and loosen restrictions
because any change whatsoever would cause you to lose your
grandfather status. So this would allow you to be less restrictive and
not lose that grandfather status.
COMMISSIONER McDANIEL: Make adjustments.
MR. MULLENS: Now, the legislation also preempts the
regulation of the advertising platforms to the State, and it requires the
February 11, 2020
Page 32
owner of the vacation rental to display, inside the rental and on the
advertising platform, the license number, sales tax registration, and
the TDT number.
And the current language says that the advertising platform must
attest, to the best of their knowledge, that the posted information is
current and accurate; however, the advertising platform is not
required to verify such information. Once again, at 10:00, the Senate
strike-all has language that says that the platform has to verify the
license prior to advertising the rental, and the platform would have to
update that verification every three months.
Also, on a quarterly basis, the advertising platform has to
provide DBPR with the website address of the listing and the
aforementioned tax and license numbers, and the advertising platform
must remove a listing within 15 business days after being notified in
writing that the vacation rental fails to display a valid license number.
Now, when DBPR has probable cause to believe a person not
licensed has violated the laws or rules, they may issue and deliver a
cease and desist notice, and it's also important to point out that the
bills do not supersede any current or future declaration for condo,
co-op, or HOA.
COMMISSIONER TAYLOR: Is that the exact wording, if you
go back to that slide, "may"? It's not "shall"?
MR. MULHERE: It says "may."
COMMISSIONER McDANIEL: Where do you read "may"?
COMMISSIONER TAYLOR: First bullet.
MR. MULLENS: Now, as the current legislation reads, prior to
the adoption of any Senate amendment at today's committee meeting
that's about to begin, both bills currently amend the definition of
vacation rental to now include the rental of a single bedroom or group
of bedrooms within a single house or dwelling. So units that are
currently exempt would have to obtain a vacation rental license.
February 11, 2020
Page 33
Now, the pending Senate amendment would remove that
language that requires licensing an individual inside of the house or
dwelling. And DBPR had initially estimated it was going to take six
FTEs to handle all the new responsibility. Last week the House
amended their bill to provide for 19 new positions, and the pending
Senate amendment this morning does not make any recommendation
for increases in FTEs.
Now, today's pending Senate amendment also adds new
language to this year's legislation. For one, if a guest uses an online
platform to pay for their vacation rental, the platform must collect
and remit all sales and use taxes and the county's TDT tax.
Also, via the proposed amendment, antidiscrimination law that
currently applies to public lodging establishments and public food
services would also now apply to vacation rental properties.
Now, currently, both FAC and the League of Cities oppose the
current language of the bills. Now, should efforts to stop the bill fall
short, Collier County's fallback position is to have the bills include
the reporting of a local responsible party with applicable contact
information and to make sure that the local governments have
consistent access to that information for their use. And I say
"fallback position" given that this year is the best shot the vacation
rental industry has had in prompting complete legislative preemption.
Airbnb, a big player, is no longer on the State's scrutinized company's
list, and their pack spent the end of 2019 making what I would call
making very politically savvy contributions.
And last year the House moved a similar bill all the way to the
floor. Their appetite for preemption is always there. In the Senate,
this year's committee routing is also more hospitable to passage. The
committee and chair that effectively killed the bill last year was the
first to pass it out a couple weeks ago 8-2.
The Community Affairs Committee that would have likely
February 11, 2020
Page 34
killed the bill last year, had the first committee not already done the
deed, was removed from the bill's routing this session.
And last session -- or the last stop this session, the Rules
Committee has 9 of the 10 members of the first committee that
passed it 8-2. Now, of course somebody can always change their
mind, but if they don't, they already have a six "yes" vote head start,
and you only need nine votes to report it to the floor. So the planets
are aligning. This has a very clear path to passage.
Now, there are several members of the legislature, including
some of our own delegation, that still want to see further amendments
to the bill. They don't want to see preemption without a plan. So
we're hoping that in the last stop in the Senate, the Rules Committee,
that we'll see some further tweaking to this if FAC and the League of
Cities aren't successful in trying to stop the bill in its entirety.
And with that, I will attempt to answer any questions you may have.
CHAIRMAN SAUNDERS: Do you have anything else in your
report, or does that conclude your report?
MR. MULLENS: That was the sum of it but, I mean, if you
would like to do an overview of the trip itself and things that were
accomplished, I'm happy --
CHAIRMAN SAUNDERS: Let's see if there's any questions
on -- Commissioner Fiala -- or, I'm sorry, Commissioner Solis had
his --
COMMISSIONER SOLIS: I was just going to have a request
that -- could you provide this summary to the TDC members?
Because I know this is going to come up. Maybe it will be passed by
the time we get to the next TDC meeting, which I was trying to find.
It is -- well, it's the 24th. So will it be done by then, one way or the
other?
MR. MULLENS: You can't predict whether or not it will
actually be done, but by then it could have significantly changed.
February 11, 2020
Page 35
COMMISSIONER SOLIS: Yeah. Well, if we could just plan
on -- if you could come to the TDC meeting and just give us an
update. I know they're all going to want to hear where it stands and
any changes that have been made, so that would be very helpful.
MR. MULLENS: Absolutely.
CHAIRMAN SAUNDERS: Commissioner Fiala.
COMMISSIONER FIALA: Yeah, just a question. If you've
got -- if you've got a person renting rooms out four rooms in their
house, and -- but they're renting them to unsavory characters -- in
other words, there was one down the street, and they were renting to
everybody that is out on bail, and they needed to stay close to the jail.
And there were some characters that, let me say, just caused
problems.
The neighbors railed up in protest and -- because they couldn't
stop it, and she's renting it by the night. And, finally, what -- the cops
had to close the place down, because it was really a difficult thing.
Now, the neighborhood got her out of there, but what can people do
to protect themselves when everything is preempted and there's no
protection whatsoever for your neighborhood?
MR. MULLENS: Well, that is the question.
MR. KLATZKOW: The answer to that is if it constitutes a
nuisance, we'll work with the Sheriff's Office, and we've done that in
the past from time to time. So if it's a legal nuisance, we would take
care of it that way.
CHAIRMAN SAUNDERS: We still have the ability to deal
with Code Enforcement violations.
MR. KLATZKOW: Yes, we do.
CHAIRMAN SAUNDERS: As long as we treat all properties in
a similar fashion, which we would do anyway.
MR. MULLENS: Correct.
CHAIRMAN SAUNDERS: Commissioner McDaniel.
February 11, 2020
Page 36
COMMISSIONER McDANIEL: Well, one of the things we
learned, or I learned while we were there, too, a lot of this legislation,
as it's coming through, is relegating the enforcement actions over to
the DBPR. And we also learned that they are currently the regulatory
body for hotels, hotel rooms, and are only getting to 20 percent of
those, which I think is one of the reasons why there was a jump.
They had said they needed six additional people, and the House put
19 on them.
So it's somewhat disconcerting to me. I know we regularly
asked our legislators to get, you know, what John has referred to as
our fallback position, but I really think it's imperative that local
government has a local individual. You know, that particular
circumstance would give our Sheriff's Office, our Code Enforcement,
an opportunity to help protect neighborhoods while this preemption's,
in fact, going on.
CHAIRMAN SAUNDERS: Commissioner Taylor.
COMMISSIONER TAYLOR: I wondered if there would be
support on the Commission for our chairman to write a very direct
and explicit letter to that effect to the chairman of the Senate and the
chairman of the House expressing our grave concerns on what is
transpiring.
CHAIRMAN SAUNDERS: We can do that. You know, both
the associations have done all of that. And the bottom line,
ultimately, is going to be that our only avenue of enforcement is
going to be Code Enforcement. We're not going to be able to
regulate duration or location of these facilities regardless of what
happens this session. A letter to the Senate president and the Speaker
of the House will do nothing.
And so at some point -- and maybe this will be a discussion at a
commission meeting agenda item -- what do we need to do in terms
of beefing up our Code Enforcement so that if there's a situation like
February 11, 2020
Page 37
Commissioner Fiala has described and there's a call to Code
Enforcement, we have somebody that can go out there and cite them.
We start citing the property owner as well as the person in the
property, you start placing liens on people's property for code
violations, they're going to start cleaning up their operations. But
Code Enforcement's going to be the only way we're going to be able
to really deal with this issue. Legislature's going to continue the
preemption in terms of location and duration of those things.
COMMISSIONER TAYLOR: Well, then perhaps we could
send the letters to our delegation.
MR. MULLENS: We actually made a presentation directly to
Senator Passidomo, who is the majority leader in the Senate, giving
the fallback position should the bill advance to pass.
CHAIRMAN SAUNDERS: And our delegation's position is
they want to move forward with the preemption.
MR. MULLENS: Right.
COMMISSIONER FIALA: They do?
CHAIRMAN SAUNDERS: Absolutely.
So, like I say, the bottom line is, there's nothing we can do in
terms of this preemption, but we can beef up Code Enforcement to
make sure that if there are egregious violations, that we're on top of it
and would start imposing liens and foreclosing on those liens.
MR. MULLENS: And keep in mind, too, when you're talking
about trying to sway the leadership on this issue, it was the very same
leadership that provided the preferential routing of the bill. So
they're kind of helping it along. I don't know that -- as Commissioner
Saunders had said, that writing them a letter is really going to do
much good other than expressing your disdain for their approach.
CHAIRMAN SAUNDERS: And all of that's been done.
COMMISSIONER TAYLOR: Well, I think it puts them on
record that their community that we represent is not supporting their
February 11, 2020
Page 38
actions. I think that's very important.
CHAIRMAN SAUNDERS: All right. Well, I don't have any
problem signing a letter if that's the will of the Board, but I'll tell you
that it's -- it's not going to do anything.
COMMISSIONER McDANIEL: That's what I was going to
say.
CHAIRMAN SAUNDERS: And we are already on record. We
just went on record saying that. So I would suggest that that's just a
waste of time.
COMMISSIONER SOLIS: Save the paper.
CHAIRMAN SAUNDERS: Yeah, save the paper; save the
trees.
I'd like to make a couple comments in terms of the issue. We
did have some very good meetings in reference to the veterans
nursing home. There are some issues there we're trying to work
around. The biggest stumbling block I think we have right now is
that the federal government may be reducing the number of nursing
homes that they're going to continue to build.
But I will tell you that the Department of Veterans Affairs and
the Governor's Office, those folks really are excited about the
proposal that we have, and we know that there's going to be at least
one more nursing home in Florida. There's another county that's kind
of been in line for that, but that county doesn't have any capital to
offer for the project. So there's a -- we have the potential of getting
that last one, and there also is the potential that the federal
government may do more than one, so our staff is on top of it. The
lobbyist is. And it was very good conversations that we had in
reference to that.
Any other questions concerning the delegation or the report?
MR. OCHS: Mr. Chairman, if I could ask John to just spend a
quick minute briefing the status of the statute on the regulation of pet
February 11, 2020
Page 39
sales.
MR. MULHERE: Actually, there's not much to report on that
other than the fact that it has hit a roadblock. Last week Senator Diaz
had three bills up in his Senate committee, one of which was the pet
store regulation bill. He did not attend that meeting, and all three of
those bills were temporarily postponed to a later time.
Well, that committee is also meeting this week, and the agenda
is up, and two of the three of those bills are back on the agenda. The
one that is not is the pet store regulation bill. So with the clock
running now and three committee stops to get through on both sides
and neither bill having actually been heard in a committee, it's
looking like that bill probably will not progress, at least so far.
CHAIRMAN SAUNDERS: There's only going to be a couple
more weeks of committees. They'll stop having committee meetings
pretty soon.
MR. MULLENS: Yeah. Some subcommittees have already
stopped meeting.
CHAIRMAN SAUNDERS: All right.
MR. OCHS: Mr. Chairman, given that this board is -- we're
scheduling for your next meeting on the 25th to have you review the
ordinance amendment here locally that deals with that issue.
CHAIRMAN SAUNDERS: Yep. All right.
MR. OCHS: Thank you, John.
CHAIRMAN SAUNDERS: All right. Thank you.
COMMISSIONER McDANIEL: Do we think we would be
prudent to wait to make sure that we're not going to get preempted
legislatively and go through a motion on something that isn't -- that
we're not going to necessarily be able to do?
MR. MULLENS: Anything can happen, but the odds are not in
favor of the bills passing.
CHAIRMAN SAUNDERS: Yeah. I think Mr. Mullens is
February 11, 2020
Page 40
correct that there's very little likelihood of that passing. So at some
point in time we have to take that up and --
COMMISSIONER McDANIEL: Yeah. Well, that was our
direction, to take it up.
MR. MULLENS: Not to mention, once again, that when you're
talking about adding vacation rentals, you're talking about beefing
DBPR, more FTEs. Also the pet store regulation bill would have
required a lot more staff time of DBPR in doing those facilities as
well. I just don't know how much they can put on DBPR in one
session.
CHAIRMAN SAUNDERS: All right. Well, thank you, and,
again, a really good job done.
MR. MULLENS: Thank you.
MR. OCHS: Thanks, John.
CHAIRMAN SAUNDERS: All right. We're on our --
Commissioner Solis.
COMMISSIONER SOLIS: Just in relation to this -- to the
delegation and the trip that you took to Tallahassee, I would like to
thank you for your leadership in working to get this veterans nursing
home in Collier County. I mean, that's -- that is a wonderful thing.
We need it. And thank you for your fellowship taking that on and
doing what you can to make it happen.
CHAIRMAN SAUNDERS: All right. Well, thank you. And
while you've got the microphone, we'll start at this end of the dais in
terms of the --
COMMISSIONER SOLIS: Other than that, I have no
comments.
CHAIRMAN SAUNDERS: Okay. And I always forget our
clerk. So let me give you two shots at that.
THE CLERK: Thank you, Commissioner. I just have some
great news. We're looking forward to Friday. We have the wedding
February 11, 2020
Page 41
planning, and we will actually be marrying six couples, assuming that
they will be there on time on Friday, and we have 17 couples that will
be renewing their wedding vows. So we look forward to a very
positive courthouse event. Thank you.
CHAIRMAN SAUNDERS: And I think you should mention --
COMMISSIONER FIALA: On Valentine's Day?
THE CLERK: On Valentine's Day.
CHAIRMAN SAUNDERS: I think you should mention that
you're going to have a very special cake.
THE CLERK: Yes, we are. Thank you.
The Seed to Table has contributed, as have other community
partners, some very nice honeymoon gifts and gifts for the couples.
And also we have about, I guess, a four-tier wedding cake that we'll
have photo opportunities. So we'll have a photographer.
We hope it's going to be a really fun event. And we have gotten
a lot of information from public sponsors, so we appreciate that. And
we will have a list of those on our website and on the program
available Friday. So we're looking forward to it.
CHAIRMAN SAUNDERS: Mr. Klatzkow, did you have
anything to add?
MR. KLATZKOW: No, sir, but thank you for asking.
CHAIRMAN SAUNDERS: And, Ms. Kinzel, do you have
anything else to add.
THE CLERK: No, thank you.
CHAIRMAN SAUNDERS: That makes up for the two times I
missed you.
Commissioner Fiala.
COMMISSIONER FIALA: Nothing.
CHAIRMAN SAUNDERS: All right. Commissioner
McDaniel.
COMMISSIONER McDANIEL: Yes, I have two. First off,
February 11, 2020
Page 42
County Manager, you got away from me yesterday, and I wanted to
ask, we had a workshop a couple, three weeks ago that was
advertised for quite some time for the Rural Lands Stewardship
Overlay, and I had -- my memory was that we were to be
reviewing -- typically, we review GMP amendments that come along
with the Board's recommendation, and I think the Board
recommended to lean on the five-year review committee's
suggestions and such. And I saw none -- I saw none in the workshop
as far as specific GMP amendments, and I was wondering when we
might be looking forward to seeing those.
MR. OCHS: I believe it's June, but let me verify that, sir --
COMMISSIONER McDANIEL: Okay.
MR. OCHS: -- and I'll send a notice to all the Board members
on that.
COMMISSIONER McDANIEL: Very good. Very good.
And then, secondly, I have a little bit of congratulations on, I
believe it was January 30th -- January 23rd, our folks over at the
Collier County South Regional Water Treatment Plant received a
recommendation from the DEP with regard to the 2019 Drinking
Water Plant Operations Excellence Award, and that was sent to our
plant manager, Mr. Lewis. And I just -- I just wanted to recognize
our folks. They're such a hard-working team, 24/7/365. And the
folks -- and that entire team that works in our Utility Division, they
deserve an applaud. So I wanted to say thank you to everyone.
(Applause.)
CHAIRMAN SAUNDERS: Commissioner Taylor.
COMMISSIONER TAYLOR: Yeah, just a couple of things.
Where are we with aggregation rule?
MR. CASALANGUIDA: Part of the package.
MR. OCHS: That's part of the GMP amendment.
COMMISSIONER TAYLOR: GMP? Not until June?
February 11, 2020
Page 43
MR. CASALANGUIDA: It has to go through Planning
Commission and public vetting, so not till June.
COMMISSIONER McDANIEL: I was under the impression
that the aggregation rule was gone.
COMMISSIONER TAYLOR: No, so we're bringing it back.
MR. CASALANGUIDA: We are.
COMMISSIONER TAYLOR: Because it was gone. It was
gone with the --
COMMISSIONER McDANIEL: It is gone.
COMMISSIONER TAYLOR: Yeah, but now we --
COMMISSIONER McDANIEL: It is gone.
COMMISSIONER TAYLOR: -- want to reinstate it.
COMMISSIONER McDANIEL: Ah. Okay. Okay. Gotcha.
COMMISSIONER TAYLOR: Okay. And then I had a
conversation from the RPC with Ms. Werstill (phonetic), and I
wondered if there was any will of this commission -- apparently she
was under the understanding that you give a 12-month notice that you
are going to not pay your dues, and I think our County Manager was
correct, and we give a 12-month notice or that we can -- we don't
need that 12-month notice. And so I don't know where -- if we have
it budgeted, but I think right now, given my conversation with
Ms. Werstill, to see if there's any will to pay that one last time to the
RPC and then --
CHAIRMAN SAUNDERS: Could I suggest that we place that
on the next agenda for discussion so that we can have information
from our staff on that as opposed to trying to make a decision on the
fly here? Would there be any objection to having that discussion as a
regular agenda item at the next meeting?
COMMISSIONER McDANIEL: I think it's very prudent.
Actually, I have a lot of information, but we can -- and you folks
aren't necessarily as well informed as Commissioner Taylor and I on
February 11, 2020
Page 44
this.
CHAIRMAN SAUNDERS: Any objection to --
COMMISSIONER SOLIS: No.
CHAIRMAN SAUNDERS: So, Mr. Ochs, if you would, at our
next meeting, have that on the regular agenda.
MR. OCHS: Yes, sir.
CHAIRMAN SAUNDERS: And provide us some information
or backup --
MR. OCHS: Will do.
CHAIRMAN SAUNDERS: -- so we can make the right
decision.
MR. OCHS: Will do.
CHAIRMAN SAUNDERS: Anything else?
COMMISSIONER TAYLOR: That's it.
CHAIRMAN SAUNDERS: All right. I have a couple things.
I'm glad you mentioned the water quality, and this is not a reflection
on staff or anything but just something to reassure the public.
There's been a lot of publicity about drinking water quality from
counties and municipalities around the country. And I know we do
water-quality testing and all of that. Perhaps it would -- if staff could
give us a report at our next meeting just on how we stack up in terms
of the quality of our drinking water so that the public knows that
we're on top of any issues that may come up.
MR. OCHS: I'll be happy to do it.
CHAIRMAN SAUNDERS: All right. And then, secondly, I
had a meeting last night with the Pars Condominium Association
over in Golden Gate City, and we had, I think, probably about 125
people there.
COMMISSIONER TAYLOR: Wow.
CHAIRMAN SAUNDERS: And we had the ClubCorp make a
presentation. I wanted them to begin including the public in what
February 11, 2020
Page 45
they were going to -- what they're proposing.
And I think, without any hesitation, I can say that the vast
majority of the people in that room were very, very supportive of
what the Commission is putting together for the Golden Gate Golf
Course in terms of the 12-hole golf course as well as the restaurant
and other facility there.
There was some concern at the beginning of the presentation,
and then as we went through the presentation, as ClubCorp went
through the presentation, everything kind of changed in the audience
and, afterwards, probably about 20 people or 25 people came up to
me and said we are fully supportive. We really appreciate the
Commission looking at this project because they see this as a real
community asset.
We had one lady in the audience before the end of the thing
raised her hand and said, you know, what can we do to show our
support? And I told her, we've got a zoning issue coming up
concerning the number of seats in a restaurant, and we have hours of
operation coming up because of some restrictions in their PUD
document. And I said, send us some emails.
And, you know, if you support the project, send us an email. If
you're opposed to it, send us an email. Let us know what your
thoughts are. And so I think that we have -- we're going to have
some very significant community support for this, especially from the
people that are most directly affected by it, and that's the Pars
Condominium folks.
Just to reiterate where we are with the issue of the number of
seats in the restaurant and the hours of operation, Planning
Commission voted unanimously to object to that back in, I think,
January, and we voted to -- at my request, voted to send that back to
the Planning Commission once we had a contractor that we were
talking to and once we had some community support, if that was
February 11, 2020
Page 46
going to -- if we were going to have any community support. Those
two things have happened, and so I know we're going to be back in
front of the Planning Commission in probably March or April --
MR. CASALANGUIDA: March.
CHAIRMAN SAUNDERS: -- March, and then back before this
board in April. And then hopefully ClubCorp will be able to present
a site plan and give the Planning Commission some assurance that
this is a project that's well thought out, as well as support from the
community. So I'll keep you informed on that.
Those are the only two things I had. If there's nothing else,
Madam Clerk, do you have anything else?
THE CLERK: No, but, Chairman Saunders, I certainly
appreciate your inquiry. Thank you.
CHAIRMAN SAUNDERS: Thank you. Without any further,
we are adjourned.
**** Commissioner Solis moved, seconded by Commissioner Taylor
and carried that the following items under the Consent and Summary
Agendas be approved and/or adopted ****
Item #16A1
PROFESSIONAL SERVICES WORK ORDER WITH APTIM
ENVIRONMENTAL AND INFRASTRUCTURE, INC., FOR A
NOT TO EXCEED COST OF $44,202.60 UNDER CONTRACT
#15-6382 TO SUPPORT PHASE II OF THE COLLIER COUNTY
HURRICANE AND STORM DAMAGE REDUCTION (HSDR)
FEASIBILITY STUDY PERFORMED BY THE UNITED STATES
ARMY CORPS OF ENGINEERS, APPROVE ALL BUDGET
AMENDMENTS AND MAKE A FINDING THAT THIS ITEM
PROMOTES TOURISM (PROJECT NO. 80366). (ALL
February 11, 2020
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DISTRICTS) – TO PROVIDE TECHNICAL SUPPORT AND
PROGRAM REVIEW
Item #16A2
AN INTERLOCAL AGREEMENT WITH THE CITY OF NAPLES
FOR PHASE II OF A JOINT STORMWATER, WATER, AND
SANITARY SEWER PROJECT BETWEEN GOODLETTE-
FRANK ROAD AND US-41 AND DIRECT THE COUNTY
MANAGER TO PREPARE AND ISSUE A REQUEST FOR
PROPOSALS FOR THE ENGINEERING DESIGN AND POST
DESIGN SERVICES FOR THE JOINT PROJECT. (PROJECT NO.
60142) (DISTRICT 4) – AS DETAILED IN THE EXECUTIVE
SUMMARY
Item #16A3
RECORDING THE FINAL PLAT OF RANCH AT ORANGE
BLOSSOM, PHASE 4 (APPLICATION NUMBER
PL20190000864), APPROVAL OF THE STANDARD FORM
CONSTRUCTION AND MAINTENANCE AGREEMENT AND
APPROVAL OF THE AMOUNT OF THE PERFORMANCE
SECURITY. (DISTRICT 5) – W/STIPULATIONS
Item #16A4
RECORDING THE AMENDED FINAL PLAT OF BRENTWOOD
LAKES – PLAT ONE (APPLICATION NUMBER PL20190001608)
APPROVAL OF THE STANDARD FORM CONSTRUCTION
AND MAINTENANCE AGREEMENT AND APPROVAL OF THE
AMOUNT OF THE PERFORMANCE SECURITY. (DISTRICT 5)
February 11, 2020
Page 48
– W/STIPULATIONS
Item #16A5
FINAL ACCEPTANCE OF THE POTABLE WATER UTILITY
FACILITIES FOR RITZ-CARLTON NAPLES HOTEL ADDITION
PHASE 1, PL20190002724. (DISTRICT 2) – A FINAL
INSPECTION TO DISCOVER DEFECTS WAS CONDUCTED BY
STAFF ON DECEMBER 30, 2019, IN COORDINATION WITH
PUBLIC UTILITIES, AND THE FACILITIES WERE FOUND TO
BE SATISFACTORY AND ACCEPTABLE
Item #16A6
CLERK OF COURTS TO RELEASE A PERFORMANCE BOND
IN THE AMOUNT OF $31,560 WHICH WAS POSTED AS A
GUARANTY FOR EXCAVATION PERMIT NUMBER 60.165,
PL20170004163 FOR WORK ASSOCIATED WITH ARTHREX
ADMINISTRATION BUILDING. (DISTRICT 2) – WORK
ASSOCIATED WITH THIS SECURITY HAS BEEN INSPECTED
AND THE DEVELOPER HAS FULFILLED COMMITMENTS
Item #16A7
CLERK OF COURTS TO RELEASE A PERFORMANCE BOND
IN THE AMOUNT OF $25,000 WHICH WAS POSTED AS A
GUARANTY FOR EXCAVATION PERMIT NUMBER
PL20180000954 FOR WORK ASSOCIATED WITH ANGUILLA
AT LAMORADA. (DISTRICT 5) – WORK ASSOCIATED WITH
THE SECURITY HAS BEEN INSPECTED AND THE
DEVELOPER HAS FULFILLED COMMITMENTS
February 11, 2020
Page 49
Item #16A8
INVITATION TO BID NO. 19-7662, “IMMOKALEE ROAD
LANDSCAPE MAINTENANCE – WORK AREA 18B,” TO
MAINSCAPE, INC., AS THE PRIMARY CONTRACTOR, AND
WALKERS SERVICE, INC., AS THE SECONDARY
CONTRACTOR. (ALL DISTRICTS) – SERVICES INCLUDE
MOWING, WEEDING, GENERAL SITE TRIMMING, STREET
CLEANING, TRASH REMOVAL, IRRIGATION SYSTEM
MAINTENANCE/REPAIR, TREE MAINTENANCE,
FERTILIZATION AND TRAFFIC MAINTENANCE
Item #16A9
INVITATION TO BID NO. 19-7659, “RADIO ROAD EAST
LANDSCAPE MAINTENANCE - WORK AREA 23,” TO
WALKERS SERVICE, INC., AS THE PRIMARY CONTRACTOR,
AND MAINSCAPE, INC., AS THE SECONDARY
CONTRACTOR. (ALL DISTRICTS) – FOR A THREE-YEAR
TERM WITH THE OPTION TO RENEW FOR TWO (2) ONE-
YEAR TERMS
Item #16B1
THE BOARD OF COUNTY COMMISSIONERS, ACTING AS
THE COMMUNITY REDEVELOPMENT AGENCY BOARD
(CRAB), AUTHORIZES BUDGET AMENDMENTS IN THE
AMOUNT OF $82,500 TO FUND THE FOLLOWING
REDEVELOPMENT GRANT PROGRAMS PREVIOUSLY
APPROVED: SITE IMPROVEMENT; SWEAT EQUITY;
February 11, 2020
Page 50
LANDSCAPE IMPROVEMENT; AND SHORELINE
STABILIZATION AND $175,000 MOVING THE EXISTING
COMMERCIAL BUILDING IMPROVEMENT GRANT BUDGET
TO A BAYSHORE GATEWAY TRIANGLE CRA PROJECT
FUND. (DISTRICT 4)
Item #16B2
THE BOARD OF COUNTY COMMISSIONERS, ACTING AS
THE COMMUNITY REDEVELOPMENT AGENCY BOARD,
APPROVE AND AUTHORIZE THE CHAIR TO EXECUTE A
SETTLEMENT AGREEMENT IN THE LAWSUITS STYLED
BAYSHORE-MARCO ISLAND, LLC V. CRA (CASE NO. 18-CA-
3850), NAPLES FUNDING, LLC V. CRA (CASE NO. 18-CA-
3853), AND LENDEQUITY, LLC V. CRA (CASE NO. 18-CA-
3857) FOR PAYMENT BY PLAINTIFFS OF $360,000 AND
HOMES BUILT ON ALL LOTS IN 5 PHASES OVER THE NEXT
36 MONTHS. (DISTRICT 4) – AS DETAILED IN THE
EXECUTIVE SUMMARY
Item #16C1
A THIRD AMENDMENT TO LEASE AGREEMENT WITH LG
MERCANTILE HOLDINGS, LLC, FOR THE CONTINUED USE
OF WAREHOUSE/OFFICE SPACE USED BY THE SHERIFF’S
OFFICE. (DISTRICT 1) – FOR PROPERTY AT 4373
MERCANTILE AVENUE THAT INCLUDES 1,200 SQUARE
FEET OF AIR-CONDITIONED SPACE, 4,800 SQUARE FEET OF
NON-AIR-CONDITIONED SPACE, TWO (2) RESTROOMS, AND
FOUR (4) OFFICES
February 11, 2020
Page 51
Item #16C2
INVITATION TO BID (“ITB”) #20-7685, “GROUNDS
MAINTENANCE – COUNTY FACILITIES” TO: COMMERCIAL
LANDSCAPE PROFESSIONALS, INC., D/B/A TRIMAC
OUTDOOR, MAINSCAPE, INC., SUPERIOR LANDSCAPING &
LAWN SERVICE, INC., AND A&M PROPERTY
MAINTENANCE, LLC, AND AUTHORIZE THE CHAIRMAN TO
SIGN THE ATTACHED AGREEMENTS. (ALL DISTRICTS) –
FOR THE UPKEEP AND REPAIR OF LANDSCAPING AND
IRRIGATION SYSTEMS AT OVER 60 SITES THROUGHOUT
THE COUNTY
Item #16D1
RESOLUTION 2020-26: AUTHORIZING THE REMOVAL OF
AGED ACCOUNTS RECEIVABLE IN THE AMOUNT OF
$95,161.98, CONSIDERED UNCOLLECTIBLE OR SHOULD
OTHERWISE BE REMOVED FROM THE FINANCIAL
RECORDS OF THE COLLIER COUNTY PUBLIC LIBRARY IN
ACCORDANCE WITH RESOLUTION NO. 2006-252. (ALL
DISTRICTS)
Item #16D2
AN “AFTER-THE-FACT” AMENDMENT AND ATTESTATION
STATEMENT WITH THE AREA AGENCY ON AGING OF
SOUTHWEST FLORIDA, INC., OLDER AMERICAN ACT
GRANT PROGRAM FOR THE COLLIER COUNTY SERVICES
FOR SENIORS TO INCREASE FUNDING FOR CONGREGATE
MEALS, HOME DELIVERED MEALS, INCREASE OAA
February 11, 2020
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NUTRITION SERVICES INCENTIVE PROGRAM, AND
AUTHORIZE SUPPORTING BUDGET AMENDMENTS. (ALL
DISTRICTS) – FUNDED BY THE FLORIDA DEPARTMENT OF
ELDER AFFAIRS AND REFLECTS AN INCREASE OF $12,946
IN GRANT REVENUE AND A REQUIRED LOCAL MATCH OF
$1,371.22
Item #16E1
ADMINISTRATIVE REPORTS PREPARED BY THE
PROCUREMENT SERVICES DIVISION FOR CHANGE ORDERS
AND OTHER CONTRACTUAL MODIFICATIONS REQUIRING
BOARD APPROVAL. (ALL DISTRICTS) – TO PROMOTE
ACCOUNTABILITY AND IN ACCORDANCE WITH
PROCUREMENT ORDINANCE 2017-08
Item #16E2
ADMINISTRATIVE REPORT PREPARED BY THE
PROCUREMENT SERVICES DIVISION FOR DISPOSAL OF
PROPERTY AND NOTIFICATION OF REVENUE
DISBURSEMENT. (ALL DISTRICTS) – INCLUDES ON-LINE
SALES IN THE AMOUNT OF $1,009.50
Item #16F1
SELECTION COMMITTEE’S RANKING FOR REQUEST FOR
PROFESSIONAL SERVICES (“RPS”) NO. 20-7680, “PELICAN
BAY SIDEWALK IMPROVEMENTS DESIGN,” AND
AUTHORIZE STAFF TO BEGIN CONTRACT NEGOTIATIONS
WITH TOP-RANKED FIRM, AGNOLI, BARBER, &
February 11, 2020
Page 53
BRUNDAGE, INC. SO THAT STAFF CAN BRING A PROPOSED
AGREEMENT BACK FOR BOARD CONSIDERATION AT A
SUBSEQUENT MEETING. (DISTRICT 2) – EXISTING
SIDEWALKS ORIGINALLY BUILT IN THE EARLY 1980’S
HAVE REACHED THE END OF THEIR SERVICE LIFE
Item #16F2
TOURIST DEVELOPMENT TAX PROMOTION FUNDS TO
SUPPORT THE UPCOMING APRIL 2020 SPORTS TOURISM
EVENTS INCLUDING THE ALLIGATOR ALLEY BASEBALL
TOURNAMENT UP TO $6,750 AND THE NAPLES BMX STATE
RACE UP TO $6,000 AND MAKE A FINDING THAT THESE
EXPENDITURES PROMOTE TOURISM. (ALL DISTRICTS) –
LEAVES A BALANCE OF $485,385 FOR REMAINING EVENTS
IN FY20
Item #16F3
EXPENDITURES THROUGH AN EXEMPTION FROM THE
COMPETITIVE PROCESS TO VISIT FLORIDA FOR
DESTINATION MARKETING PROGRAMS FOR A THREE-
YEAR PERIOD IN THE AMOUNT OF $125,000 PER YEAR AND
TO MAKE A FINDING THAT THESE EXPENDITURES
PROMOTE TOURISM. (ALL DISTRICTS) – SERVICES
INCLUDE DOMESTIC AND INTERNATIONAL TRADE SHOW
PARTICIPATION, ADVERTISING OPPORTUNITIES,
EDUCATIONAL CONFERENCES AND MEMBERSHIP FEES
Item #16F4 – Continued to the February 25, 2020 BCC Meeting
(Per Agenda Change Sheet); Motion taken to remain as
February 11, 2020
Page 54
Consent Item #16F4 (Per Commissioners during
Agenda Changes)
EXPENDITURES THROUGH AN EXEMPTION FROM THE
COMPETITIVE PROCESS TO J.W. MARRIOTT MARCO
ISLAND FOR TOURISM PROMOTIONAL EXPENSES UP TO
$100,500 PER YEAR FOR A THREE-YEAR PERIOD AND TO
MAKE A FINDING THAT THIS EXPENDITURE PROMOTES
TOURISM (ALL DISTRICTS)
Item #16F5
A REPORT COVERING BUDGET AMENDMENTS IMPACTING
RESERVES AND MOVING FUNDS IN AN AMOUNT UP TO
AND INCLUDING $25,000 AND $50,000, RESPECTIVELY. (ALL
DISTRICTS) – BA #20-274, TO PROVIDE FUNDING FOR BLUE
SAGE EMERGENCY REPAIRS ABOVE THE ORIGINAL 2018
ESTIMATE
Item #16F6
FIRST AMENDMENT TO CONTRACT #18-7281R, TOURISM
FULFILLMENT AND CALL CENTER SERVICES, TO REFLECT
NEW AND REVISED COSTS TO INCLUDE FREIGHT AND
SHIPPING, AS NEEDED, FOR FULFILLMENT SERVICES, AND
MAKE A FINDING THAT THIS ITEM PROMOTES TOURISM.
(ALL DISTRICTS) – TO REFLECT NEW AND REVISED COSTS;
TO DATE THE CONTRACT HAS INCURRED FREIGHT COSTS
IN THE AMOUNT OF $542.01
Item #16I1
February 11, 2020
Page 55
MISCELLANEOUS CORRESPONDENCE – ITEMS TO FILE FOR
THE RECORD:
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
February 11, 2020
1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED:
A. DISTRICTS:
1) Cedar Hammock Community Development District:
Meeting Agenda 11/19/2019; 12/09/2019
Meeting Minutes 11/19/2019; 12/09/2019
2) The Quarry Community Development District:
Meeting Agenda 12/16/2019
Meeting Minutes 12/16/2019
B. OTHER:
1) Florida Department of Law Enforcement:
Certificate of Subaward/Subrecipient Agreement
Subgrant Number 2019-JAGC—COLL-1-N2-190
February 11, 2020
Page 56
Item #16J1
TO RECORD IN THE MINUTES OF THE BOARD OF COUNTY
COMMISSIONERS, THE CHECK NUMBER (OR OTHER
PAYMENT METHOD), AMOUNT, PAYEE, AND PURPOSE FOR
WHICH REFERENCED DISBURSEMENTS WERE DRAWN FOR
THE PERIODS BETWEEN JANUARY 16, 2020 AND JANUARY
29, 2020 PURSUANT TO FLORIDA STATUTE 136.06. (ALL
DISTRICTS)
Item #16J2
THE BOARD APPROVE AND DETERMINE VALID PUBLIC
PURPOSE FOR INVOICES PAYABLE AND PURCHASING
CARD TRANSACTIONS AS OF FEBRUARY 5, 2020. (ALL
DISTRICTS)
Item #16K1
RESOLUTION 2020-27: APPOINTING MICHAEL MCDONALD,
TO A VACANT TERM EXPIRING MARCH 23, 2023, TO THE
EDUCATIONAL FACILITIES AUTHORITY. (ALL DISTRICTS)
Item #16K2
RESOLUTION 2020-28: RE-APPOINTING ROBERT HAIKEL
CHALHOUB AND APPOINTING BRYCE RUSSELL
ALEXANDER AND BARBARA ANN DAVIS TO THE
EMERGENCY MEDICAL AUTHORITY. (ALL DISTRICTS)
February 11, 2020
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 10: 10 a.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS CONTROL
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BURT SAUNDERS, CHAIRMAN
ATTEST
CRYSTAL- :KINZEL, CLERK
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These minutes approved by the Board on stqaoc, , as
presented or as corrected
TRANSCRIPT PREPARED ON BEHALF OF FORT MYERS
COURT REPORTING SERVICES, INC., BY TERRI LEWIS, FPR,
COURT REPORTER AND NOTARY PUBLIC.
Page 57