BCC Minutes 09/22/2020 RSeptember 22, 2020
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TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, September 22, 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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September 22, 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
September 22, 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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September 22, 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. Invocation by 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. September 3, 2020 BCC - Budget Hearing Meeting Minutes
C. September 3, 2020 - Pelican Bay Services Division Budget Meeting Minutes
3. AWARDS AND RECOGNITIONS
A. EMPLOYEE
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September 22, 2020
B. ADVISORY BOARD MEMBERS
C. RETIREES
D. EMPLOYEE OF THE MONTH
4. PROCLAMATIONS
5. PRESENTATIONS
6. PUBLIC PETITIONS
7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT
OR FUTURE AGENDA
8. BOARD OF ZONING APPEALS
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. Recommendation to approve a Resolution of the
Board of Zoning Appeals of Collier County, Florida, relating to a variance
request from Section 5.05.09.G.2.a of the Land Development Code to
decrease the minimum separation distance for a communication tower from
2.5 times the height of the tower to 1.75 times the height of the tower, in
order to allow for a 262.25-foot separation distance for an existing 150-foot
tall communication tower. The subject property, consisting of 7.81+/- acres,
is located on the north side of Sabal Palm Road, approximately one -quarter
mile east of Collier Boulevard (C.R. 951), in Section 23, Township 50
South, Range 26 East, Collier County, Florida. [PL20180003511] (District
1)
9. ADVERTISED PUBLIC HEARINGS
A. This item requires that ex parte disclosure be provided by Commission
members. Recommendation to approve an Ordinance of the Board of
County Commissioners of Collier County, Florida amending Ordinance No.
04-74, the Orange Blossom Ranch Planned Unit Development (PUD), to
increase the maximum number of dwelling units from 1,600 to 1,950; and
providing an effective date. The subject property is located on the north and
south sides of Oil Well Road (C.R. 858) approximately one mile east of
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September 22, 2020
Immokalee Road (C.R. 846) in Sections 13, 14 and 24, Township 48 South,
Range 27 East, and Section 19, Township 48 South, Range 28 East, Collier
County, Florida consisting of 616+/- acres. [PL20180003155] (This item is a
companion to Agenda Item #11E) (District 5)
10. BOARD OF COUNTY COMMISSIONERS
A. Recommendation to discuss and appoint a member of the Board of County
Commissioners to the Affordable Housing Advisory Committee in
accordance with approved 2020 legislative changes to Section 410.9076,
Florida Statutes outlined in HB1339 which requires an elected official to sit
on the Affordable Housing Advisory Committee (AHAC) and participate in
regional bi-annual meetings. (This is a Companion to Agenda Item 17.D)
(All Districts)
B. Recommendation to advertise an ordinance for future consideration that
would amend Ordinance No. 75-16, as amended, to establish a rotation for
serving as Chairman and Vice-Chairman of the Board of County
Commissioners. (Commissioner Saunders) (All Districts)
11. COUNTY MANAGER'S REPORT
A. Recommendation to accept an update on the distribution of Coronavirus
Relief Fund (CRF) allocations under the CARES Act, provide Board
direction to staff on applications for reimbursement from County, municipal
and public safety providers under the Community Health & Services
Initiatives allocation of the CRF, and to approve a Post-COVID Recovery
Marketing Plan to be reimbursed by CRF funding. (Sean Callahan,
Executive Director, Corporate Business Operations) (All Districts)
B. Recommendation to approve a Resolution authorizing the issuance of not
exceeding $92,000,000 in aggregate principal amount of Collier County,
Florida Special Obligation Revenue Bonds, Series 2020A to finance the
acquisition, construction and equipping of various capital improvements and
refinance certain outstanding indebtedness of Collier County; and not
exceeding $26,000,000 in aggregate principal amount of Collier County,
Florida Taxable Special Obligation Revenue Bonds, Series 2020B to
purchase certain real property; making certain covenants and agreements
with respect to said bonds; authorizing the awarding of said bonds pursuant
to a public bid; delegating certain authority to the County Manager for the
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September 22, 2020
award of the bonds and the approval of the terms and details of said bonds;
authorizing the publication of a Notice of Sale for the bonds or a summary
thereof; authorizing the distribution of a preliminary official statement;
appointing the paying agent and registrar for said bonds; establishing a
book-entry system of registration for the bonds; authorizing the execution
and delivery of a continuing disclosure certificate; providing for an effective
date; and approve all necessary FY 2021 budget amendments. (Mark
Isackson, Director of Corporate Financial Planning and Management
Services) (All Districts)
C. Recommendation to adopt a Resolution authorizing the condemnation of
those fee simple and easement interests necessary for the construction of
roadway, drainage and utility improvements required for the expansion and
extension of Vanderbilt Beach Road from Collier Boulevard to east of 16th
Street NE and Massey Street from Collier Boulevard to south of
Mockingbird Drive (Project No. 60168). (Jay Ahmad, Director,
Transportation Engineering) (All Districts)
D. Recommendation to award Agreement No. 19-7583, “Design Services for
the NESA Wellfield,” in the total amount of $7,114,968, for the North East
Service Area (NESA) Wellfield, to CDM Smith Inc., with authorization to
issue an initial purchase order for Phase 1, in the amount of $1,758,435.90,
followed by future purchase order modifications for subsequent phases,
subject to Board Approval and as dictated by Board-approved funding, in
support of the NESA Wellfield (Project 70194). (George Yilmaz, Public
Utilities Department Head). (District 5)
E. Recommendation to approve a Developer Agreement for Excavated Material
between RP Orange Blossom Owner, LLC (OBR) and the Board of County
Commissioners of Collier County (County) to provide an option to purchase
excavated fill for use on County projects. (Margaret Bishop, Principal
Project Manager, Facilities Management) (This item is a companion to
Agenda Item #9A) (District 5)
F. Recommendation to accept the completed Annual Performance Appraisal
for the County Manager. (Leo E. Ochs, Jr., County Manager) (All Districts)
12. COUNTY ATTORNEY'S REPORT
A. The Annual Performance Appraisal for the County Attorney (All Districts)
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September 22, 2020
B. Recommendation that the Board of County Commissioners extends the
County Attorney Employment Agreement to September 30, 2023. (All
Districts)
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 final acceptance and accept the
conveyance of the potable water and sewer utility facilities for
Fronterra Phase 1A, PL20180000522 and to authorize the County
Manager, or his designee, to release the Final Obligation Bond in the
total amount of $4,000 to the Project Engineer or the Developer’s
designated agent. (District 3)
2) Recommendation to approve final acceptance of the potable water and
sewer facilities for Richmond Park, PL20170003274, accept the
conveyance of a portion of the potable water and sewer facilities, and
to authorize the County Manager, or his designee, to release the
Utilities Performance Security (UPS) and Final Obligation Bond in
the total amount of $62,920.03 to the Project Engineer or the
Developer’s designated agent. (District 5)
3) Recommendation to approve final acceptance of the potable water and
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sewer utility facilities for Community School of Naples Science
Building, PL20200001259. (District 2)
4) Recommendation to approve final acceptance of the potable water and
sewer utility facilities for Community School of Naples Athletic
Stadium, PL20200001485. (District 2)
5) 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,
Phase 5 (Application Number PL20200000584), approval of the
standard form Construction and Maintenance Agreement and approval
of the amount of the performance security. (District 5)
6) 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 Ventana Pointe (Application
Number PL20190002844), approval of the standard form
Construction and Maintenance Agreement and approval of the amount
of the performance security. (District 5)
7) Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of $59,780, which was posted as a
guaranty for Excavation Permit Number PL20170000631 for work
associated with The Enclave of Distinction. (District 2)
8) Recommendation to approve the FY20/21 10-Year Capital Planning
document for Fund 195-Beach Renourishment and Pass Maintenance
and Fund 185 Program Management and Administration and make a
finding that these expenditures promote tourism. (All Districts)
9) Recommendation to approve the Tourist Development Council Grant
application requests from the City of Naples, the City of Marco Island
and Collier County for FY2020-2021 in the amount of $5,742,100;
budget these expenditures; authorize the Chairman to execute the
Agreement with City of Naples; and make a finding that these
expenditures promote tourism. (All Districts)
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10) Recommendation to approve an agreement for the acquisition of three
fee simple parcels (Parcels 101FEE1, 101FEE2 and 102FEE) required
for construction of roadway and related improvements to
Whippoorwill Lane and Marbella Lakes Drive Connection (Project
No. 60219). (District 4)
11) Recommendation to award a Work Order to Bonness, Inc., for
construction of the “Livingston Road at Vanderbilt Beach Road
Intersection Improvements” project, in the amount of $604,438
(Project 60243.3). (District 2)
12) Recommendation to award a Work Order to Bonness, Inc., for
construction of the “Livingston Road at Immokalee Road Intersection
Improvements” project, in the amount of $438,557.23 (Project
60244.3). (District 2)
13) Recommendation to direct the County Attorney to advertise, and bring
back for a public hearing, an ordinance amending Ordinance 2006-57
expanding the use of golf carts to all County roads and streets
throughout Goodland, Florida. (District 1)
14) Recommendation to approve the selection committee’s ranking and
authorize staff to enter into contract negotiations with Earth Tech
Environmental, LLC, concerning Request for Professional Services
(“RPS”) No. 20-7768, “Collier County Comprehensive Watershed
Improvement Project Monitoring Services.” (All Districts)
15) Recommendation to approve and authorize the removal of
uncollectible receivables in the amount of $2,570.79 from the
financial records of the Airport Authority Fund (495) and $4,777.24
from the financial records of Transportation Gas Tax Fund (313) in
accordance with Resolution 2006-252 and authorize the Chair to
execute the attached Resolution. (All Districts)
16) Recommendation to adopt a Resolution to hold a public hearing to
consider vacating a portion of Tract “A” of Tollgate Commercial
Center Phase Three, Plat Book 22, Page 95 of the Public Records of
Collier County, Florida. The subject Right-of-Way is located
approximately 1600-feet east of Collier Boulevard between Tollhouse
Drive and I-75 in Section 35, Township 49 South, Range 26 East,
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Collier County, Florida. (PL20200001420) (District 5)
17) 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 Tamarindo (Application
Number PL20190002554), approval of the standard form
Construction and Maintenance Agreement and approval of the amount
of the performance security. (District 1)
B. COMMUNITY REDEVELOPMENT AGENCY
C. PUBLIC UTILITIES DEPARTMENT
1) Recommendation to approve and execute documents necessary for the
conveyance of a Utility Facilities Warranty Deed and Bill of Sale for
water and sewer infrastructure on and to County owned property
located at 3675 The Lord’s Way, for EMS Station #25, to the Collier
County Water-Sewer District, at a cost not to exceed $200. (All
Districts)
2) Recommendation to approve and adopt the FY21 fee schedules
established in the annual rate resolution for residential and
commercial collection and disposal of solid waste and recycling at
Collier County Solid Waste Facilities, including the landfill, transfer
station, and recycling drop-off centers. The FY21 rate resolution
implements a 2.9% tonnage rate increase at the landfill and transfer
station, with no other fiscal impacts to previous board adopted
resolutions. (All Districts)
3) Recommendation to authorize expenditures under an exemption from
the competitive process and to approve attached Agreement No. 20-
040-NS with Sunstate Meter & Supply, Inc., to acquire Neptune large
meters and components. (All Districts)
4) Recommendation to award Invitation to Bid (“ITB”) No. 20-7739,
“Sewage Hauling,” to Southern Sanitation, Inc., and authorize the
Chairman to sign the attached agreement. (All Districts)
5) Recommendation to approve a Fourth Amendment to Contract No.
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14-6345 “Construction Engineering and Inspection (“CEI”) Services
for the Wastewater Basin Programs (MPS 101 Basin)” with Stantec
Consulting Services Inc. (“Stantec”), extending the authorization for
Stantec to lease a reimbursable CEI field office in Basin 101 of the
Wastewater Basin Program, which is set to terminate on September
30, 2020. (District 2)
6) Recommendation to approve a Partial Release of an Access License
Agreement that the County entered into with Minto Sabal Bay, LLC
and Isles of Collier Preserve Property Owner Association, Inc.
(District 1, District 4)
7) Recommendation to surplus the attached list of County owned real
properties to be disposed pursuant to the provisions of Section
125.379, Florida Statutes and authorize that property located at 3080
Francis Avenue be conveyed to Residential Options of Florida, Inc., a
not for profit corporation, for $1,000 pursuant to the p rovisions of
Section 125.28, Florida Statutes. (District 1, District 4, District 5)
D. PUBLIC SERVICES DEPARTMENT
1) Recommendation to accept the FY20-21 Commission for the
Transportation Disadvantaged Shirley Conroy Rural Capital
Equipment Support Grant in the amount of $25,094 and a local match
of $2,788 for the procurement of one (1) Vehicle Alignment Machine
and authorize the necessary Budget Amendments. (All Districts)
2) Recommendation to approve and authorize the removal of
uncollectible receivables in the amount of $6,258.72 from the
financial records of the Parks and Recreation Division in accordance
with Resolution No. 2006-252 and authorize the Chair to execute the
attached Resolution. (All Districts)
3) Recommendation to approve an “After-the-Fact” amendment and
attestation statement with the Area Agency on Aging for Southwest
Florida, Inc., CARES Act funding under the Older American Act
grant program for the Collier County Services for Seniors to add
Home Delivered Meals to the CARES C1 Budget and revise
Attachment VII, Cares Budget and Rate Summary. (All Districts)
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4) Recommendation that the Board of County Commissioners adopts a
Resolution approving revised Guidelines and Rules governing the
Golden Gate Community Center Advisory Board, removing the
requirement that the community center supervisor must reside within
the MSTU. (District 3)
5) Recommendation to approve a Resolution removing uncollectible
receivables in the amount of $2,350 from the records of the
Neighborhood Stabilization Program in accordance with Resolution
2006-252. (All Districts)
6) Recommendation to recognize and accept revenue for Collier Area
Transit bus shelters in the amount of $38,919 and to approve all
necessary Budget Amendments. (District 1)
7) Recommendation to approve an “After-the-Fact” contract and an
attestation statement with Area Agency on Aging for Southwest
Florida, Inc., for the CARES Emergency Home Energy Assistance
Program and authorize a Budget Amendment to ensure continuous
funding for FY20/21. (All Districts)
8) Recommendation to approve and authorize the chairman to sign two
(2) mortgage satisfactions for the State Housing Initiatives Partnership
loan program in the combined amount of $20,500 and the associated
Budget Amendment. (All Districts)
9) Recommendation to approve an agreement in the amount of $584,907
with the Agency for Health Care Administration and an agreement
with Collier Health Services, Inc., and authorize necessary Budget
Amendments to participate in the Medicaid Low Income Pool
Program, generating $1,252,114 in federal matching funds that will
provide additional health services for the citizens of Collier County.
(All Districts)
10) Recommendation to award Invitation to Bid (ITB) No. 20 -7731,
“CAT Shelters and Amenities Purchase,” to Brasco International , Inc.,
as the primary vendor, and LNI Custom Manufacturing, LLC, as the
secondary vendor, and authorize the Chairman to sign the attached
agreements. Source of funding is Federal Transit Administration
Grants. (All Districts)
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11) Recommendation to approve and authorize the Chairman to sign an
agreement between the Collier County Sheriff’s Office and the Collier
County Board of County Commissioners utilizing funds from the
Department of Justice FY20 Bureau of Justice Assistance COVID -19
Emergency Supplemental Funding Program in the amount of
$201,265. (All Districts)
12) Recommendation to approve the Nancy Payton Preserve Final
Management Plan 10-year update under the Conservation Collier
Program. (District 5)
E. ADMINISTRATIVE SERVICES DEPARTMENT
1) Recommendation to approve and authorize the Chairman to sign the
Ninth Amendment to the Agreement for Medical Examiner Services
(Agreement No. 11-5776 - Medical Examiner), which will extend the
term of the Agreement to September 30, 2021. (All Districts)
2) Recommendation to approve the purchase of Aircraft and Airport
Insurance for FY 2020 from the Member Companies of Global
Aerospace in the estimated amount of $183,349. (All Districts)
3) Recommendation to authorize the removal of uncollectible accounts
receivables in the amount of $74.89 from the financial records of the
Human Resources Division in accordance with Resolution No. 2006-
252 and authorize the Chairman to execute the necessary Resolution.
(All Districts)
4) Recommendation to authorize expenditures from Airbus Helicopters,
Inc. (“Airbus”), as a sole source vendor for the purchase of equipment
parts, repairs, and services for the County’s air ambulance helicopters,
in an amount not to exceed $210,000 annually. (All Districts)
5) Recommendation to approve the purchase of Excess Workers'
Compensation Insurance for FY21 with A rch Insurance Company in
the estimated amount of $169,550.72. (All Districts)
6) Recommendation to renew the annual Certificate of Public
Convenience and Necessity (COPCN) for Ambitrans Medical
Transport, Inc., to provide Class 2 Advanced Life Support (ALS)
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September 22, 2020
inter-facility transport ambulance service for a period of one year. (All
Districts)
7) Recommendation to approve a resolution authorizing
Intergovernmental Transfers (IGT) between Collier County EMS and
the State of Florida Agency for Health Care Administration (ACHA)
for FY21, to authorize Chairman to sign an Agreement with ACHA to
accept direct payments from the program named Statewide Medicaid
Managed Care (SMMC) for FY21 and to approve the necessary
budget amendments. (All Districts)
8) Recommendation to approve and authorize the Chairman to execute a
Resolution adopting the Pay and Classification Plans for the County
Manager’s Agency and County Attorney’s Office effective October 1,
2020; to provide a general wage adjustment to eligible employees; and
to approve the creation of new classifications, modification and/or
deletion of classifications, and assignment of pay ranges from the
proposed Pay and Classification Plans, from July 1, 2020 forward,
using the existing point-factor job evaluation system. (All Districts)
9) Recommendation to award Request for Professional Services (“RPS”)
No. 18-7432-RB “Road & Bridge Study, Planning and Design,” to
Jacobs Engineering Group Inc., Johnson Engineering, Inc., Stantec
Consulting Services Inc., Capital Consulting Solutions LLC, AIM
Engineering & Surveying, Inc., Atkins North America, Inc., Cardno,
Inc., Rummel, Klepper & Kahl, LLP, d/b/a RK&K, Agnoli, Barber &
Brundage, Inc., Kisinger Campo & Associates, Corp., d/b/a KCA,
DRMP, Inc., and T.Y. Lin International, and authorize the Chairman
to sign the attached agreements. (All Districts)
10) Recommendation to award Request for Proposal (“RFP”) 20-7715,
Contract Employment Services, to Key Staff, Inc., as the primary
vendor, and 22nd Century Technologies, Inc., as the secondary
vendor. (All Districts)
11) Recommendation to approve the purchase of Flood Insurance for
Fiscal Year 2021 in the estimated amount of $495,269. (All Districts)
12) Recommendation to authorize the County Attorney to advertise an
ordinance amending Procurement Ordinance No. 2013-69, as
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September 22, 2020
amended, to incorporate references pertaining to the County’s Direct
Materials Purchase cost-savings program. (All Districts)
13) Recommendation to approve the purchase of Liability, Automobile,
and other Insurance coverage for FY21 in the estimated annual
amount of $923,349. (All Districts)
14) Recommendation to approve the administrative reports prepared by
the Procurement Services Division for change orders and other
contractual modifications requiring Board approval. (All Districts)
15) 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 recognize Brian Mondgock, Public Utilities,
Facilities Management CAD Technician, as the August 2020
Employee of the Month. The award has been presented to the
recipient by staff members. (All Districts) (All Districts)
2) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2019-20 Adopted Budget. (All Districts)
3) Recommendation to terminate for convenience Agreement No. 19-
7513 with Safe and Green Inc., d/b/a Monster Tree Service of
Southwest Florida for Pelican Bay Tree Pruning. (District 2)
4) Recommendation that the Board of County Commissioners reviews
and approves the proposed FY21 Action Plan for the County
Manager. (All Districts)
G. AIRPORT AUTHORITY
1) Recommendation to approve and authorize the Chairman to sign
Agreement No. 20-7692, “Design Services for Everglades Airpark
Runway Rehabilitation,” in the lump sum amount of $275,050 with
Hole Montes, Inc. (District 5)
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September 22, 2020
2) Recommendation to approve and authorize the Chairman to sign the
attached Amendments to extend existing Contract No. 15-6382-2,
“Grant Funded Professional Services for Airports” with Hole Montes,
Atkins North America, Inc., and AVCON, Inc., for a period of six
months or until a new contract is awarded, whichever is sooner, to
allow staff to complete soliciting, and to prevent a lapse in these
services. (District 1, District 5)
H. BOARD OF COUNTY COMMISSIONERS
1) Proclamation recognizing Newell Property Management Corporation
as recipient of the Waste Reduction Awards Program (WRAP)
Award, for contributing to the greater good of Collier County by
advocating the "Reduce, Reuse, Recycle" message, thereby helping to
prolong the usable life of the Collier County Landfill. The
proclamation will be given to Sarah James and Nancy Phillips,
managers at Newell Property Management Corporation.
2) Proclamation designating September 22, 2020 as Falls Prevention
Awareness Day in Collier County. The proclamation will be mailed to
Lauren Ware, Community Programs Coordinator, Lee Memorial
Health System, 4211 Metro Parkway, Suite 300, Fort Myers, Florida
33916.
3) Proclamation recognizing the public service rendered by AmeriCorps
members to the Earn to Learn Florida Near Peer Coaching for
Postsecondary Success Program in Collier County. The proclamation
will be mailed to Brenda Tate, CEO, Earn to Learn Florida, Inc., 9160
Forum Corporate Parkway, Fort Myers, Florida 33905.
4) Proclamation designating September 20 - 26, 2020 as Child Passenger
Safety Week in Collier County. The proclamation will be mailed to
Sally Kreuscher, Safe Kids Coordinator, Golisano Children's Hospital
of Southwest Florida, 9981 S. Healthpark Drive, Fort Myers, FL
33908.
5) Proclamation designating October 10, 2020 as Republic of China
(Taiwan) Day in Collier County. The proclamation will be mailed to
the Taipei Economic and Cultural Office, 2333 Ponce DeLeon
Boulevard, Coral Gables, Florida.
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September 22, 2020
6) Recommendation to approve a Resolution supporting the Florida Fish
and Wildlife Conservation Commission Aquatic Plant Management
Program. (All Districts)
I. MISCELLANEOUS CORRESPONDENCE
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 August 27, 2020 and September 9, 2020 pursuant to
Florida Statute 136.06. (All Districts)
2) Request that the Board approve and determine valid pub lic purpose
for invoices payable and purchasing card transactions as of September
16, 2020. (All Districts)
K. COUNTY ATTORNEY
1) Recommendation to appoint Christopher T. Vernon as a member to
the Collier County Planning Commission, representing Commission
District 2. (District 2)
2) Recommendation to reappoint Ned Fryer as a member to the Collier
County Planning Commission, representing Commission District 4.
(District 4)
3) Recommendation to appoint Robert L. Klucik, Jr. as a member to the
Collier County Planning Commission, representing Commission
District 5. (District 5)
4) Recommendation to appoint a member to the Historic/Archaeological
Preservation Board. (All Districts)
5) Recommendation to reappoint two members to the Immokalee
Beautification MSTU Advisory Committee. (District 5)
6) Recommendation that the Board of County Commissioners reviews
and approves the proposed FY20-21 Action Plan for Jeffrey A.
Page 17
September 22, 2020
Klatzkow, County Attorney. (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 Co unty
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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A. Recommendation to approve an Ordinance amending Ordinance No. 89-05,
as amended, the Collier County Growth Management Plan for the
unincorporated area of Collier County, Florida, specifically amending the
Future Land Use Element and Future Land Use Map and Map series by
changing the designation of property from the Urban Designation, Urban
Mixed Use District, Residential Subdistrict and the Agricultural/Rural
Designation, Rural Fringe Mixed Use District-Sending Lands to the Urban
Designation, Commercial District, Interchange Activity Center #9 to allow
construction of commercial and industrial development. (Adoption Hearing)
(This is a Companion to Agenda Item #17B) (District 5)
B. This item requires that ex parte disclosure be provided by the
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to adopt an
Ordinance approving the Beck Boulevard Rezone for rezoning of a 3.4+/-
acre site from the Rural Agricultural (A) and Rural Agricultural-Rural
Fringe Mixed Use Overlay-Sending (A-RFMUO-Sending) zoning districts
to the Industrial (I) zoning district subject to conditions; providing for partial
repeal of Ordinance No. 92-56, a Conditional Use for a telecommunication
tower; and providing an effective date. The subject property is located at
3205 Beck Boulevard in Section 35 & 36, Township 49 South, Range 26
East, Collier County, Florida and Sections 1 and 2, Township 50 South,
Range 26 East. (PL20190002018) (This is a Companion to PL20190002017-
3205 Beck Blvd GMPA, Agenda Item #17A) (District 5)
Page 18
September 22, 2020
C. This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to approve Petition VAC-
PL20190002863, to disclaim, renounce and vacate the County and the public
interest in a portion of the Pelican Bay Improvement District Drainage
Easement (P.B.I.D.D.E.), as recorded in Official Record Book 790, Page
1803 of the Public Records of Collier County, Florida, located
approximately 540 feet west of the intersection of Pelican Bay Boulevard
and Nicholas Boulevard, located in Section 4, Township 49 South, Range 25
East, Collier County, Florida. (District 2)
D. Recommendation to adopt an amendment to Ordinance 2013-27 to align the
Ordinance with approved 2020 legislative changes to Section 420.9076,
Florida Statutes outlined in HB1339 which changes the composition of the
Affordable Housing Advisory Committee and the frequency of its reporting.
(This is a Companion to Agenda Item 10.A) (All Districts)
E. Recommendation to adopt a resolution approving amendments
(appropriating carry forward, transfers and supplemental revenue) to the
Fiscal Year 2020-21 Adopted Budget. (All Districts)
F. Recommendation to adopt a resolution approving amendments
(appropriating carry forward, transfers and supplemental revenue) to the
Fiscal Year 2019-20 Adopted Budget. (All Districts)
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD’S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER’S OFFICE AT 252-8383.
September 22, 2020
Page 2
CHAIRMAN SAUNDERS: Ladies and gentlemen, the
meeting of the County Commission will please come to order.
We have with us today to lead us in an invocation the Senior
Pastor Heath Jarvis of the Faith Life Worship Center.
Pastor Jarvis, good morning, and thank you for being here this
morning.
Item #1
INVOCATION AND PLEDGE OF ALLEGIANCE –
INVOCATION GIVEN
PASTOR JARVIS: Good morning. Thanks for having
me. Let's pray.
Father God, we thank you for another opportunity to come
together as the leadership of Collier County. I thank you that we
are able to openly invoke your wisdom and your guidance in
today's meeting.
Lord, 2020 has been such an unprecedented year as we
fought a virus and as we face challenges that none of us have
ever seen before. But through it all, we've witnessed your
faithfulness, your provision, and your unending goodness. We're
still here, we're strong, and we're determined to see our
community and our nation recover.
Help us today to have productive conversations, help us to
be open-minded and humble. Help us, Lord, to see things how
they are, no less and no more than that. Help us to not view
things through any filter or bias but to view things from your
perspective, God. Help us to strengthen what works and fix
what doesn't work. Most of all, help us to quickly and
September 22, 2020
Page 3
efficiently determine that which will most greatly benefit the
community of Collier County.
We came into 2020 with such great momentum, such
strength. Help us to finish strong.
We thank you for all of this, and I pray this in the name of
Jesus. Amen.
CHAIRMAN SAUNDERS: Commissioner Fiala, would
you lead us in the pledge.
COMMISSIONER FIALA: I will. Thank you.
Please put with your hand over your heart and say with me...
(The Pledge of Allegiance was recited in unison.)
CHAIRMAN SAUNDERS: Good morning. I want to
welcome everybody today to our meeting.
Mr. Ochs, we'll go through the changes to the agenda.
Item #2A
APPROVAL OF TODAY’S REGULAR, CONSENT AND
SUMMARY AGENDA AS AMENDED (EX PARTE
DISCLOSURE PROVIDED BY COMMISSION MEMBERS FOR
CONSENT AGENDA) - APPROVED AND/OR ADOPTED
W/CHANGES
MR. OCHS: Very good. Good morning, Mr. Chairman
and Commissioners.
These are the proposed agenda changes for the Board of
County Commissioners' meeting of September 22nd, 2020.
The first proposed change is to continue Item 9A from your
advertised public hearing agenda to your October 13th BCC
meeting. This is a recommendation to approve an ordinance
amending the Orange Blossom Ranch PUD. That item is being
September 22, 2020
Page 4
continued at the petitioner's request.
I will note that there was a companion Agenda Item 11 that
will remain on the agenda per our discussion with the petitioner's
agent.
The last proposed change is to withdraw Item 16C5 from the
consent agenda. This is a staff request. We need a little bit
more time to finish the evaluation on this item.
And those are the only changes that I have, Mr. Chairman.
CHAIRMAN SAUNDERS: All right. Thank you.
Mr. Attorney, do you have any changes?
MR. KLATZKOW: None, sir. Thank you.
CHAIRMAN SAUNDERS: All right. Mr. McDaniel, any
changes to the agenda? Any ex parte --
COMMISSIONER McDANIEL: No changes.
CHAIRMAN SAUNDERS: -- disclosures?
COMMISSIONER McDANIEL: I do have one comment
on 16C7. I just wanted to say thank you for whoever's behind
that and helping that work. That ROOF program, ROOF, is an
amazing not-for-profit that supports developmentally
disadvantaged folks and housing opportunities providing them
with independence. They take a regular three -bedroom,
two-bath house with a den and make the den a living quarter for
an aide to help people that are suffering or troubled with
developmental disadvantages, and then provide them with
independence and education. And I just wanted to acknowledge
that. That passed through on 16C7, and it's an amazing -- it's an
amazing organization.
Ex parte, 16A6 I did have a meeting on that particular final
plat. But other than that, no other changes or disclosures.
CHAIRMAN SAUNDERS: Commissioner Taylor.
COMMISSIONER TAYLOR: Yes. I have a disclosure on
September 22, 2020
Page 5
8A. I did have a meeting with the representative of the --
CHAIRMAN SAUNDERS: You'll be doing that when we
get to the regular agenda item. So just on the summary agenda.
COMMISSIONER TAYLOR: Okay. I do have a question
for the ranch, 16A5. That will be connected to 9A, I would
assume. That's the consent agenda item; is that correct? The
platting would go along with the --
MR. OCHS: No, ma'am. This is -- this is already
completed improvements and plats, so...
COMMISSIONER TAYLOR: Okay.
MR. OCHS: This can stay where it is.
COMMISSIONER TAYLOR: All right. So then 16A6, I
did have a Zoom meeting with Mr. Yovanovich and
Mr. Zuckerman regarding minutes from Cirrus Pointe, and that's
all I have. And no changes to the agenda or additions.
CHAIRMAN SAUNDERS: All right. Commissioner
Solis.
COMMISSIONER SOLIS: No changes, and the only
disclosure would be related to -- it was 16A, the companion item
to 9A. I think.
COMMISSIONER TAYLOR: No, it's not, apparently.
COMMISSIONER SOLIS: It's not?
COMMISSIONER TAYLOR: It's separate. I know. I
thought it was, but apparently it's not.
COMMISSIONER SOLIS: Okay. Well, whatever it is, I
had a discussion with Mr. Yovanovich.
COMMISSIONER TAYLOR: Yeah.
COMMISSIONER SOLIS: Just to be on the safe side.
Other than that, no disclosures.
CHAIRMAN SAUNDERS: Commissioner Fiala.
COMMISSIONER FIALA: Yes. I just have one
September 22, 2020
Page 6
disclosure. It's on 16A6. That's Ventana Pointe, and I've had
meetings and emails, and I met with the applicant's counsel.
CHAIRMAN SAUNDERS: All right. I have no changes.
I did have correspondence and emails in reference to Agenda
Item 17B. Other than that, no other disclosure.
Unless there's some other comments in reference to that,
Mr. Ochs.
MR. OCHS: Sir, I believe you have some public speakers
on your consent agenda this morning.
CHAIRMAN SAUNDERS: Okay.
MR. MILLER: Yep, Mr. Chairman. We have three
registered speakers for Item 16K3. Would you like me to call
those speakers now?
CHAIRMAN SAUNDERS: Yes. And the rules we have,
is it three minutes per person?
MR. MILLER: Yes, sir.
MR. OCHS: Mr. Chairman -- Troy, let me just read the
agenda title for the public's benefit. Item 16K3 is a
recommendation to appoint Robert L. Klucik, Jr., as a member to
the Collier County Planning Commission representing
Commission District 5.
MR. MILLER: Your first registered speaker is Michael
Ramsey. He will be followed by Kristina Heuser and then Rae
Ann Burton.
MR. RAMSEY: Good morning. My name is Michael R.
Ramsey. I am the president of the Golden Gate Estates Area
Civic Association.
The Estates Civic does not support Consent Agenda
Item 16K3. We believe that a better individual could be selected
to better represent all of the concerns for the communities and the
residents in District 5. In this appointment, we believe this
September 22, 2020
Page 7
person should also have the same knowledge and also the respect
of all the communities and the residents in District 5, and this
does not appear to be the case in this appointment.
More specifically, the Estates Civic would like to point out
most of the growth management issues occur in our community
east of 951. We have the most issues, but we have the least
amount of representation. We believe that this appointment
continues that situation, and we disagree with it. We
recommend to pull this item and continue to seek a more
qualified applicant.
MR. MILLER: Your next speaker is Kristina Heuser.
She'll be followed by Rae Ann Burton.
MS. HEUSER: I actually requested to speak on 16K1, so
should I proceed?
MR. MILLER: I am sorry.
MS. HEUSER: That's okay.
MR. MILLER: It says that here; you're right. I guess this
is another consent agenda item. Mr. Ochs, did you want to read
that item?
COMMISSIONER McDANIEL: It's on the same -- on the
previous one.
MR. MILLER: She is on the previous item. Ms. Burton
on --
(Simultaneous crosstalk.)
MR. MILLER: Kristin, if you don't mind. Rae Ann,
would you come up and speak on 16K3.
CHAIRMAN SAUNDERS: Good morning.
MS. BURTON: Good morning, Commissioners. My
name is Rae Ann Burton, 2530 31st Avenue Northeast, Naples,
Florida, Rural Golden Gate Estates.
Item 16, No. 16.K.3, appointment of Planning
September 22, 2020
Page 8
Commissioner for District 5.
Emails were sent September 4th protesting appointment of a
person outside of the district. District 5 has no represented at
this time. September 18th there was another protested applicant
from an HOA community managed, I'm told, by Collier.
Reasons not to approve Mr. Klucik and appoint -- we
Estates want Mike Petscher. Mr. Klucik does not live in the
Estates, cannot know the concern, wishes, or affairs of the
Estates. HO [sic] living is different living than the environment
living in the Rural Estates.
Type of business and living in an HOA will be more
interested in building developments than preserving and
protecting wildlife habitat, water quality, and the lifestyle chosen
by the Rural Estate residents.
Because of the RLSA restructuring, Rural Golden Gate
Estates needs a strong advocate to control excessive building and
costly infrastructure costs to the taxpayers.
Mr. Petscher got 31 percent of the vote running for county
commissioner. That's 45 percent of Commissioner McDaniel's
total.
Next-door poll is from the very area that will be impacted by
these developments. With 95 votes to date. 84 percent for
Petscher. That poll of 84 in the county commissioner race of 31
proves that the residents of the Estates are backing Mike
Petscher. Mike Petscher lives in the area and raising a family
here because of acreage and environment concerned with
controlled building, ensuring water quality, stormwater runoff,
wildlife habitat, and preserving, protecting the uniqueness of a
rural Naples.
Copies of Mr. Petscher's applications were included in
September 18th email. If you did not receive, I have copies.
September 22, 2020
Page 9
His first application was sent and confirmed the 26th of August.
Mr. Klucik's was sent and confirmed a day later.
Mike Petscher's second application was sent and confirmed
September 8th, the very day of the meeting. This application
still have not approved -- appeared on the agendas of the 8th or
today's agenda.
Planning Commissioners chosen by the district County
Commissioner and the voters elected County Commissioner, a
person that has the interests, concerns of the residents of the
district. It is the request of these voters that Mike Petscher is
appointed to District 5 Planning Commissioner seat. He knows
the area and the people and has the skills.
I could have said more, but I feel I covered it in my emails.
Thank you, and keep safe.
CHAIRMAN SAUNDERS: Do we have any other
registered speakers on that particular item?
MR. MILLER: Not on 16K3. And I apologize to
Ms. Heuser for my mistake. She did want to speak on 16K1.
Mr. Ochs, did you want to --
CHAIRMAN SAUNDERS: Let's deal with 16K3 here for
a moment.
MR. MILLER: Oh, I'm sorry.
CHAIRMAN SAUNDERS: There's been a request that this
item be considered by the Board. Generally, we permit the
commissioner from the district where the appointment is to be
made to make that appointment.
Commissioner McDaniel, your thoughts.
COMMISSIONER McDANIEL: I have expressed my
thoughts. Not particularly on that item. I'm quite pleased with
Mr. Klucik's appointment.
I don't concur with the representations of the president of the
September 22, 2020
Page 10
homeowners' association or Ms. Burton.
I am a member -- just for your idea, I am a member of the
Golden Gate Estates Civic Association, and they have not convened a
regularly noticed meeting nor brought forward any kind of a vote to
substantiate the request for the continuance.
Mr. Klucik is a West Point -- if you haven't read his resume, he's
a real estate lawyer. He's a West Point graduate, a father of a
basketball team of kids, lived in Collier County for 13 years, lives
within our -- Ave Maria, is an elected -- the first elected person for
Ave Maria to the district to represent the residents of Ave Maria
against the -- not against -- the representation of the people for
development of Ave Maria.
So I -- I think he's more than qualified. And I have had
numerous conversations with him with regard to his ca pacity to reach
out and be open and be available for communication and learning, if
there is expression of valid concerns, and learning about those.
CHAIRMAN SAUNDERS: All right. Any other comments
from the Commission?
(No response.)
CHAIRMAN SAUNDERS: Let's go ahead and move on to the
next item then.
COMMISSIONER FIALA: Do we want to comment on this
or -- I know you just asked for --
CHAIRMAN SAUNDERS: Yeah, if there's any --
COMMISSIONER FIALA: Are we going to vote on it separate
or just --
CHAIRMAN SAUNDERS: No. Unless the Commissioner
wants to take this off the consent agenda, we'll be voting for it.
COMMISSIONER FIALA: Thank you.
CHAIRMAN SAUNDERS: All right. Next item.
MR. MILLER: 16K11 [sic]. Mr. Ochs, did you want to read
September 22, 2020
Page 11
that item.
MR. OCHS: Yeah. 16K1 is recommendation to appoint
Christopher T. Vernon as a member to the Collier County Planning
Commission representing Commission District 2.
MR. MILLER: Your speaker is Kristina Heuser.
MS. HEUSER: Thank you.
I'm a resident of District 2, and I believe that we were ably
represented on the Planning Commission by Patrick Dearborn, and I
question the motivation behind replacing him at this time, and I
wonder if it wasn't motivated by the fact that he publicly expressed
opposition to the unlawful mask order that you've imposed upon the
residents and businesses of Collier County.
And if, in fact, that was the reason, I'd ask you to reconsider
that. In fact, I'd ask all of you to vote against this appointment and
restore Patrick Dearborn to the Planning Commission.
Thank you.
CHAIRMAN SAUNDERS: All right. Let me ask our staff, in
terms of Patrick Dearborn, what's the reason that he is not continuing
on the Planning Commission?
MR. OCHS: Jeff?
MR. KLATZKOW: Commissioner nomination.
CHAIRMAN SAUNDERS: Okay.
COMMISSIONER SOLIS: Yeah.
CHAIRMAN SAUNDERS: Commissioner Solis?
COMMISSIONER SOLIS: Yeah, it has nothing to do with
that. The issue that's been presented to me is -- and I have a tally of
the number of meetings that Mr. Dearborn either did not attend or
attended in the morning and then couldn't attend in the afternoon.
And many of those were some of the most important matters that
related to District 2.
Mr. Vernon, as I'm sure many of you know, is a leader in our
September 22, 2020
Page 12
community. He's been here at least as long as I have been, and he
has committed to me that he will attend all the meetings. And I
think we've got some very critical decisions that are coming forward,
and I feel that it would be in the best interest of District 2 to have
Mr. Vernon on the Planning Commission.
CHAIRMAN SAUNDERS: All right. Any comments or
questions from the Commission?
COMMISSIONER FIALA: Yes, I have.
CHAIRMAN SAUNDERS: Commissioner Fiala.
COMMISSIONER FIALA: You're absolutely right. If people
don't attend those meetings, then they're -- then your voice isn't
heard, and especially from the commissioner for that district. They
expect you to be there. And I know I've had a couple that don't show
up at many meetings, and I'm terribly sorry about that.
COMMISSIONER SOLIS: Thank you.
CHAIRMAN SAUNDERS: All right. I assume there are no
other speakers on the consent agenda? If not, then we need a motion
on the consent agenda and setting the agenda.
COMMISSIONER TAYLOR: I do have a comment.
CHAIRMAN SAUNDERS: Commissioner Taylor.
COMMISSIONER TAYLOR: Mr. Vernon is also a Florida
State University grad, I believe, or involved with it, right?
COMMISSIONER SOLIS: He -- yes, he is. I think -- yeah, he
was an undergrad -- he went to undergrad at FSU.
COMMISSIONER TAYLOR: Were you -- did you know him
from --
COMMISSIONER SOLIS: No, no. I didn't get to know him
until I moved to Naples in '93 or -- yeah, '93, '94 is when I met him.
COMMISSIONER TAYLOR: Okay.
COMMISSIONER SOLIS: But he has served the community
in lots of different ways; on the board of trustees, I think, for the
September 22, 2020
Page 13
college, very active with the Chamber. He's a real leader in the
community. And no -- and, you know, I'm not trying to denigrate in
any way Patrick Dearborn, and I appreciate his willingness to serve
on the Planning Commission, but we need someone that can be there
at every meeting, and it's -- we have some very big applications
coming through.
COMMISSIONER McDANIEL: I have a quick comment I
want to make.
CHAIRMAN SAUNDERS: Commissioner McDaniel.
COMMISSIONER McDANIEL: As most of you know, I'm
friends with Patrick, and one of the comments that I had with him
when this appointment came about was I was having di fficulty -- I
would have supported, had you those to reappoint him, but I was
shaking my finger -- and I know how you feel about shaking your
finger.
COMMISSIONER SOLIS: You can shake it.
COMMISSIONER McDANIEL: No, not at you.
CHAIRMAN SAUNDERS: Just point it.
COMMISSIONER McDANIEL: At myself. But one of my
concerns, Patrick's extremely busy. He's got his own business. He's
got a family and basketball and football and coaching and doing all of
the things. And one of my concerns I had was his capacit y to be
able to be responsive -- not responsive, but be in attendance at the
meetings, so -- and I shared that with him. I said, if the
commissioner chooses to reappoint you, then I would support it, but
I've got an issue. You've got to step up, so...
COMMISSIONER SOLIS: Yeah. And I totally get it, having
served on the Planning Commission myself. It's a lot of work. It's a
big commitment of time, and energy, so I do appreciate that he served
for four years and, you know -- so thank you, Mr. Dearborn.
CHAIRMAN SAUNDERS: All right. We need a motion,
September 22, 2020
Page 14
unless we already have one. Did anybody make a motion to approve
the regular, consent, and summary agenda?
COMMISSIONER TAYLOR: So move.
COMMISSIONER FIALA: Motion -- second.
CHAIRMAN SAUNDERS: All right. We have a motion and
a second. Any further discussion?
(No response.)
CHAIRMAN SAUNDERS: Seeing none, 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: That passes unanimously.
Proposed Agenda Changes
Board of County Commissioners Meeting
September 22, 2020
Continue Item 9A to the October 13, 2020 BCC Meeting: This item requires ex parte disclosure
be provided by the Commission members. Should a hearing be held on this item, all participants
are required to be sworn in. Recommendation to approve an Ordinance of the Board of County
Commissioners of Collier County, Florida amending Ordinance No. 04-74, the Orange Blossom
Ranch Planned Unit Development (PUD), to increase the maximum number of dwelling units
from 1,600 to 1,950; and providing an effective date. The subject property is located on the north
and south sides of Oil Well Road (C.R. 858) approximately one mile east of Immokalee Road
(C.R. 846) in Sections 13, 14 and 24, Township 48 South, Range 27 East, and Section 19,
Township 48 South, Range 28 East, Collier County, Florida consisting of 616+/- acres.
[PL20180003155] (This item is a companion to Agenda Item 11.E, but only requesting
continuance of Item 9A) (Petitioner’s request)
Withdraw Item 16C5: Recommendation to approve a Fourth Amendment to Contract No. 14-6345
“Construction Engineering and Inspection (“CEI”) Services for the Wastewater Basin Programs
(MPS 101 Basin)” with Stantec Consulting Services Inc. (“Stantec”), extending the authorization
for Stantec to lease a reimbursable CEI field office in Basin 101 of the Wastewater Basin Program,
which is set to terminate on September 30, 2020. (Staff’s request)
10/19/2020 3:45 PM
September 22, 2020
Page 15
Item #2B
SEPTEMBER 3, 2020 BCC BUDGET HEARING MEETING
MINUTES – APPROVED AS PRESENTED
Item 2B is the September 3, 2020, minutes from the budget
hearing. We need a motion to approve those minutes.
COMMISSIONER FIALA: Motion to approve.
COMMISSIONER SOLIS: Second.
CHAIRMAN SAUNDERS: We have a motion and a 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: That passes unanimously.
Item #2C
SEPTEMBER 3, 2020 PELICAN BAY SERVICES DIVISION
BUDGET HEARING MEETING MINUTES – APPROVED AS
PRESENTED
Item 2C is the approval of the minutes from the Pelican Bay
Services Division budget meeting of September 3rd, 2020.
COMMISSIONER FIALA: Motion to approve.
COMMISSIONER TAYLOR: Second.
CHAIRMAN SAUNDERS: We have a motion and second. All in
September 22, 2020
Page 16
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: That passes unanimously.
Mr. Ochs?
Item #3A – Consent Agenda Item #16F1
RECOGNIZING BRIAN MONDGOCK PUBLIC UTILITIES,
FACILITIES MANAGEMENT COMPUTER-AIDED DESIGN
TECHNICIAN, AS THE AUGUST 2020 EMPLOYEE OF THE
MONTH – RECOGNIZED
MR. OCHS: Mr. Chairman, that takes us to Item 16F1. As
has been our custom during the pandemic, proclamations and
employee service awards and recognitions have been moved to the
consent agenda to avoid traffic in the boardroom, but we have been
reading these. So with your permission, sir, I'll go ahead and
recognize our Employee of the Month.
COMMISSIONER FIALA: Oh, good.
MR. OCHS: And that is Item 16F1 on today's consent agenda.
It's a recommendation to recognize Brian Mondgock, Public Utilities,
Facilities Management computer-aided design technician, as the
August 2020 Employee of the Month.
Brian has been a CAD technician with Facilities Management
since 2017. During the early stages of the pandemic, his information
September 22, 2020
Page 17
and guidelines were just being developed. Brian took the lead in
developing posters for social distancing to be placed at all entrances
at all county facilities.
As the pandemic grew and shelter-in-place actions were taken,
many team members were thrust into working remotely. Brian made
numerous trips to the homes of high-risk team members to deliver
supplies and equipment to enable them to work from home. Without
Brian, many team members would not have been able to work
remotely, which would have had a significant impact on productivity
and our business operations.
Brian's positive attitude and willingness to assist wherever he
was needed allowed Facilities Management to continue to function at
100 percent capacity, which makes him very deserving of this award.
Commissioners, it's my pleasure and honor to present Brian
Mondgock as your -- excuse me -- August 2020 employee of the
month.
Congratulations, Brian.
(Applause.)
COMMISSIONER FIALA: Could I jump just a moment and
say, Leo, I'm so glad you read that, because we have wonderful
employees here --
MR. OCHS: Yes, ma'am.
COMMISSIONER FIALA: -- and they don't get enough
recognition. So I'm glad you pulled that. Thank you.
MR. OCHS: Thank you very much.
CHAIRMAN SAUNDERS: Mr. Ochs, in terms of
proclamations, are there any that you want to read the title of before
we get into a very special one?
MR. OCHS: Yes, sir. What we've done here traditionally over
this year is read the titles of these proclamations that are on your
consent agenda, so I'll go ahead and do that quickly, if there's no
September 22, 2020
Page 18
objection.
Item #4
PROCLAMATIONS – ONE MOTION WAS TAKEN TO ADOPT
ALL PROCLAMATIONS
Item #16H1
PROCLAMATION RECOGNIZING NEWELL PROPERTY
MANAGEMENT CORPORATION AS RECIPIENT OF THE
WASTE REDUCTION AWARDS PROGRAM (WRAP) AWARD,
FOR CONTRIBUTING TO THE GREATER GOOD OF COLLIER
COUNTY BY ADVOCATING THE "REDUCE, REUSE,
RECYCLE" MESSAGE, THEREBY HELPING TO PROLONG
THE USABLE LIFE OF THE COLLIER COUNTY LANDFILL.
THE PROCLAMATION WILL BE GIVEN TO SARAH JAMES
AND NANCY PHILLIPS, MANAGERS AT NEWELL PROPERTY
MANAGEMENT CORPORATION
MR. OCHS: 16H1 is a proclamation recognizing Newell
Property Management Corporation as the recipient of the Waste
Reduction Awards Program for contributing to the greater good of
Collier County by advocating the reduce, reuse, and recycle message
thereby helping to prolong the useful life of the Collier County
Landfill.
Item #16H2
PROCLAMATION DESIGNATING SEPTEMBER 22, 2020 AS
FALLS PREVENTION AWARENESS DAY IN COLLIER
September 22, 2020
Page 19
COUNTY. THE PROCLAMATION WILL BE MAILED TO
LAUREN WARE, COMMUNITY PROGRAMS COORDINATOR,
LEE MEMORIAL HEALTH SYSTEM
MR. OCHS: Item 16H2 is a proclamation designating
September 22nd, 2020, as Falls Prevention Awareness Day in Collier
County; that proclamation has been mailed out as well.
Item #16H3
PROCLAMATION RECOGNIZING THE PUBLIC SERVICE
RENDERED BY AMERICORPS MEMBERS TO THE EARN TO
LEARN FLORIDA NEAR PEER COACHING FOR
POSTSECONDARY SUCCESS PROGRAM IN COLLIER
COUNTY. THE PROCLAMATION WILL BE MAILED TO
BRENDA TATE, CEO, EARN TO LEARN FLORIDA, INC.
MR. OCHS: 16H3 is a proclamation recognizing the public
service rendered by AmeriCorps members to the Earn to Learn
Florida Near Peer Coaching for Postsecondary Success Program in
Collier County.
Item #16H4
PROCLAMATION DESIGNATING SEPTEMBER 20 - 26, 2020
AS CHILD PASSENGER SAFETY WEEK IN COLLIER
COUNTY. THE PROCLAMATION WILL BE MAILED TO
SALLY KREUSCHER, SAFE KIDS COORDINATOR,
GOLISANO CHILDREN'S HOSPITAL OF SOUTHWEST
FLORIDA – ADOPTED
September 22, 2020
Page 20
MR. OCHS: 16H4 is a proclamation designating
September 20th through the 26th, 2020, as Child Passenger Safety
Week in Collier County.
Item #16H5
PROCLAMATION DESIGNATING OCTOBER 10, 2020 AS
REPUBLIC OF CHINA (TAIWAN) DAY IN COLLIER COUNTY.
THE PROCLAMATION WILL BE MAILED TO THE TAIPEI
ECONOMIC AND CULTURAL OFFICE
MR. OCHS: And, finally, 16H5 is a proclamation designating
October 10, 2020, as Republic of China Taiwan Day in Collier
County.
All of those have been mailed out, sir, and that takes us back to you.
Item #4 - ADDED
PROCLAMATION HONORING COMMISSIONER FIALA HER
PUBLIC SERVICE AND PROCLAIMING SEPTEMBER 25, 2020
DONNA FIALA DAY IN COLLIER COUNTY
CHAIRMAN SAUNDERS: All right. Thank you very much.
We have a very special presentation, a proclamation this morning
honoring Commissioner Fiala, and I've asked Commissioner Taylor
to read the proclamation. Since Commissioner Taylor's had the
pleasure of having served with you the longest of all of us up here, I
thought it would be appropriate for Commissioner Taylor to read
that.
Once we're finished with the reading of the proclamation, we
will take a couple pictures, but we'll just stay in our places.
September 22, 2020
Page 21
COMMISSIONER FIALA: Gee, I should have dressed for it.
I didn't even know you were doing this.
CHAIRMAN SAUNDERS: It looks like you did dress for it.
You look fantastic.
COMMISSIONER FIALA: I look like a zebra.
CHAIRMAN SAUNDERS: So let's go ahead with the reading
of the proclamation.
COMMISSIONER TAYLOR: And so in deference to you,
ma'am, I'm taking off my mask so you hear each word clearly.
COMMISSIONER FIALA: Thank you.
COMMISSIONER TAYLOR: Whereas, Donna Fiala relocated
from Cleveland, Ohio, to Collier County in 1974, and she moved into
the house she still lives in, and she raised five children, all of whom
graduated from the Collier County Public School System; and,
Whereas, Donna quickly began serving her community on
committees and boards while building a career working for Naples
Airlines, Provincetown Boston Airlines, PBA; Marco Marriott; and
the Naples Community Hospital; and,
Whereas, having engaged in countless civic associations and service
organizations, including Marco Island Kiwanis Club, Marco Island
Chamber of Commerce, Women's Republican Club of Naples
Federated, and the Republican Executive Committee; and,
Whereas, having served on the boards of the Greater Naples
Chamber of Commerce, Corkscrew Regional Ecosystem Watershed,
Council on Aging, Naples Scape, Collier Naples Scape, United Arts
Council, and having provided leadership as president of the Naples
Junior Women's Club, East Naples Kiwanis Club, Naples Press Club
and Public Relations Association of Collier County; and,
Whereas, Donna has accomplished many transformational
achievements, including meaningful improvements to Bayshore
Drive and the Eagle Lakes Community Park, which, as a sign of
September 22, 2020
Page 22
respect and gratitude, was renamed the Donna Fiala Community Park
at Eagle Lakes in 2019; and,
Whereas, Donna was elected president of the East Naples Civic
Association loyally serving her constituents and began considering
the concept of becoming a Collier County Commissioner;
Whereas, Donna continued devoting her time and talents to
serving the public, was elected as a Collier County Commissioner
District 1, and has continuously served in this role since 2000, the
only Collier County Commissioner to serve five consecutive terms
provided leadership as vice chairman in 2003, 2008, and 2015 and as
chairwoman in 2003 [sic], 2009, and 2016; and,
Whereas, the Florida Association of Counties appointed Donna
to the board of directors to help guide the statewide agency
representing all 67 Florida counties.
Now, therefore, be it proclaimed by the Board of County
Commissions of Collier County, Florida, that September the 25th be
designated as Donna Fiala Day in Collier County.
(Applause.)
COMMISSIONER FIALA: Oh, thank you so much. I sure
didn't expect this. Thank you so much. Oh, and more?
CHAIRMAN SAUNDERS: There's more.
COMMISSIONER FIALA: Oh, thank you so much. You
know what, this has not been a chore. It's been an absolute joy for
me, the whole 20 years. It's been a wonderful, wonderful ride, and I
can see that there's some differences that have been accomplished,
and I thank you for all for your support.
CHAIRMAN SAUNDERS: We're going to take a few pictures,
and I'm sure there will be some comments from the Commission, so...
COMMISSIONER FIALA: Oh, okay.
COMMISSIONER SOLIS: Should we get --
CHAIRMAN SAUNDERS: Let's keep our social distancing.
September 22, 2020
Page 23
COMMISSIONER TAYLOR: But, gentlemen, button your
jackets.
COMMISSIONER FIALA: Okay. Oh, I'm not a gentleman.
Okay.
CHAIRMAN SAUNDERS: Commissioner Fiala, we'll start
with you, if you have any comments, or we'll start with the other
commissioners and get back to you in case you have some comments
you'd like to make.
COMMISSIONER FIALA: Well, the only thing I can say is, I
wouldn't have sacrificed a day not to be here. It's been a wonderful
ride. It's been great working with you guys, great working with all
the other commissioners, and great working with Leo and Nick.
It's -- we've accomplished -- the East Naples area was in sad shape, as
many of you remember. If you've been here before the yea r 2000,
you remember what it looked like. And, and through a lot of
cooperation and help, from staff, to employees, to -- well, just
everything -- and East Naples Civic Association and the other
organizations, we together made a big difference. It's neve r about
you alone. It's always about who all is working with you.
Thank you very much.
CHAIRMAN SAUNDERS: All right. We'll see if there are
any comments from the Commission. Commissioner McDaniel.
COMMISSIONER McDANIEL: Other than to say thank you.
I remember when she got elected. It was a trying time in our
community. And, of course, Donna and I have been friends since
the '80s. I was a charter member of the East Naples Kiwanis Club.
I started that club. And back in those days, Kiwanis was a men's
only organization. And guess who was our first female member? I
like women, so I was happy to have her. But we had a bunch of
people quit Kiwanis because -- because of the -- because they opened
it up to allow for membership, and we have been frien ds ever since.
September 22, 2020
Page 24
I pretty much grew up with two of her children. And --
COMMISSIONER FIALA: He even hung around with my son.
COMMISSIONER McDANIEL: Yeah, Bobby and Sherry
both. And so -- and, there again, just for those of you who haven't
seen it, I am still "Billy Dear" and quite proudly wear that badge. So
thank you.
CHAIRMAN SAUNDERS: Commissioner Taylor.
COMMISSIONER TAYLOR: So it seems like yesterday when
I saw this incredible convertible driving on Broad Avenue and
turning north on Third Street in the City of Naples. It was the
July 4th Parade. And there was this woman, this blonde woman
sitting in this convertible, but she was covered with balloons. I'll
never forget. There were so many balloons around the car and
people walking with balloons. And someone said, that's Donna
Fiala; she's running for County Commission.
And there you are. And you are a legend in this community
and will remain as such. Your advocacy, your sense of compassion
and passion for what you did can never be replaced.
So congratulations and make this retirement the best. I know
you will, but I have a sense you're not going to quite, you know, sit
on the bed and eat chocolates.
COMMISSIONER FIALA: Thank you.
CHAIRMAN SAUNDERS: Commissioner Solis.
COMMISSIONER SOLIS: Yes. And I would echo
everything that's been said and also say that, you know, you are a
legend, I think, in Collier County. You've led this county through
thick and thin, you know. And I think if we were to look up the
definition of public servant, you know, your picture should be in the
dictionary because you're truly a public servant, and you've dedicated
decades to the community that you serve. So thank you. Thank
you very much.
September 22, 2020
Page 25
CHAIRMAN SAUNDERS: And I'll add a few comments.
I've known Commissioner Fiala for a whole lot more years than I'd
like to admit, going back to the early 1990s. I was part of a water
ski team with Donna's son. I think he was about six years old then.
Seemed like it. And I have been an admirer and supporter of
Donna's for many, many years, and I want to thank you for all that
you've done.
Serving on the County Commission has its tremendous
positives. It's great to be able to be in the role of a decision maker
and making decisions on behalf of the citizens of Collier County, but
it's also a very trying position to be in. Sometimes it's difficult to go
to the grocery store without some angry constituent having a few
words.
But, Commissioner Fiala, you've always maintained an
incredibly positive attitude, and you've done a great job for the
citizens of Collier. So thank you.
COMMISSIONER FIALA: Thank you very much.
CHAIRMAN SAUNDERS: I believe we need a motion to
approve the --
COMMISSIONER McDANIEL: Can we all make the motion?
CHAIRMAN SAUNDERS: We'll show that the motion has
been made unanimously and seconded unanimously. 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: That passes unanimously.
September 22, 2020
Page 26
Again, thank you very much.
COMMISSIONER FIALA: Thank you.
Item #7
PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE
CURRENT OR FUTURE AGENDA
MR. OCHS: Mr. Chairman, that moves us to Item 7 this
morning, public comments on general topics not on the current or
future agenda.
MR. MILLER: Mr. Chairman, I have five registered speakers
here in the room and then two online. We'll just handle the people
here in the room first. Your first speaker is Steven Bracci, and
Mr. Bracci's been ceded three additional minutes from Carolyn
Bracci. Ms. Bracci, are you here in the room? I thought so. And
that will be six minutes, and Mr. Bracci will be followed by Alfie
Oakes.
CHAIRMAN SAUNDERS: Good morning.
MR. MILLER: Mr. Bracci, I'll pull that up for you. Give me
just a second. There you go, sir.
MR. BRACCI: I'm going to read my comment today, because I
wanted to make sure I could get it in on time. I wasn't sure what the
rules were going to be.
I would like to make sure this board and the people of Collier
County know precisely how Commissioner Saunders made it come to
be that the BCC could impose a mask mandate upon the people of
Collier County without the usual supermajority four votes out of five.
At the meeting on July 14th, as shown on the screen, Commissioner
Saunders, on his own initiative, stated while an emergency ordinance
is to be enacted ordinarily requires a four-fifths supermajority vote
and in order to waive the public's procedural right of advance notice
September 22, 2020
Page 27
whereby the proposed ordinance is published to the people,
Commissioner Saunders asserted with conviction and without
equivocation that the BCC could instead enact a coercive mask
mandate that day by adopting an emergency order instead of an
ordinance by only a three vote, by only three votes.
The clear discussion between Commissioner Saunders and Solis
showed their purpose in going this route. They did not have the four
votes to procedurally pass the mask mandate and, therefore, they
needed a way to circumvent that process.
The public did not question Chair Saunders' assertion about
circumventing a three-vote emergency mandate likely because the
Chair stated it was such an unequivic -- so unequivocally and because
he, himself, is a Florida lawyer who has practiced government law
for decades. In other words, the public believed him.
County Attorney Klatzkow then -- on the next slide here, down
at the bottom here. County Attorney Klatzkow then corroborated the
three-vote circumvention stating that while he would prefer they do it
by emergency ordinance if they had the four votes, they could also
proceed by emergency order under a different statute, but the legal
underpinnings were not as strong.
Well, here's the other -- here's the original statute here. This is
the 125.66. It clearly says that if you're going to procedurally waive
notice for an ordinance, it takes four votes out of five.
Here's the other statute that Mr. Klatzkow didn't identify. It's
called orders and rules under the Emergency Management section.
In it it says, it allows political subdivisions, which means counties, to
enact emergency orders and rules so long as they're enacted in
accordance with Chapter 120. Chapter 120 is commonly known as
the Florida's Administrative Procedures Act. It is designed to
provide procedures for the passage of rules. It generally does not
apply to counties, but it does so when another general law requires it
September 22, 2020
Page 28
such as here when the county's passing an emergency order. And,
again, 252.26 specifically says you have to follow Chapter 120.
Chapter 120 does not define an order, but it defines a rule, and a rule
means each Agency's statement of general applicability that
implements, interpret, or prescribes law or policy. Clearly, the mask
order meets this definition. So, in effect, an emergency order and an
emergency rule are synonymous.
Chapter 120 then describes the process -- the procedural
requirements for the adoption of an emergency rule. Section 120.54,
Subsection 4, provides that an emergency rule may be adopted if,
quote, the procedure provides at least the procedural requirements of
other statutes. That other statute is the same one that they were
trying to circumvent, which is the emergency ordinance, which
requires four votes out of the five. They knew -- this was their
specific intent.
The second part of this emergency rule is that they had to
publish in writing and prior to taking action why the procedural
requirements are fair, to be watered down. This they never did.
They never described that.
Chapter 120 provides one other thing. It says down here in
Subsection C, an emergency rule adopted under this subsection shall
not be effective for a period longer than 90 days and shall not be
renewable except when the agency has initiated rule making. They
never -- this agency, this government, has never initiated rule
making. The whole point of rule making -- you hope in an
emergency order -- it's kind of like a giveaway to the counties when
they need to enact something quickly, but then they should have the
time to go through formal rule-making process. This commission
never did that.
So, on September 3rd when this was -- this emergency order was
renewed, they couldn't -- you didn't have the authority to renew it.
September 22, 2020
Page 29
So, as we sit here today, the emergency order is null and void
because the county failed to follow the proper proce dure. They
never got the required four votes, and they illegally renewed it on
September 3rd. Under the Administrative Procedures Act, it is
defined as an illegal exercise of delegated legislative authority.
You would think that something so important would be
reviewed by the County Attorney in advance, but I did a public
records request for the County Attorney's memorandum summarizing
this. Mr. Klatzkow responded back that neither he nor anyone else
in the County Attorney's Office did any analysis on this despite the
extraordinary act of circumventing a four-vote supermajority.
So, in summary, Commissioner Fiala and Mr. McDaniel, your
two votes should have won the day. Your votes were stolen from
you by your other fellow three commissioners. You had the county's
back -- the people's back. You had the people's back on what should
have been noticed and review and process before that mandate
occurred, but they wanted it done that day, and so they circumvented
you.
I think, Commissioner Fiala and Mr. McDaniel, a little righteous
indignation is appropriate.
Thank you.
MR. MILLER: Your next speaker is Alfie Oakes, and he will
be followed by Kristina Heuser.
CHAIRMAN SAUNDERS: Good morning. You have -- what
is it, three minutes?
MR. MILLER: Three minutes, sir.
MR. OAKES: So good morning. Donna Fiala, I'd like to say
thank you for your service, and you have been a great leader, and I
wish that some of the other commissioners would pay attention to the
way that you look out for our community and busines ses.
I left out of the last meeting really never more angered by
September 22, 2020
Page 30
Stephanie Vick and her presentation with her paid doctors that came
in here to really present nothing more than -- I mean, it could not
have been more biased. I call the Health Department a political
activist group because it was really nothing more than that.
You know, I was asking myself the reasons of how people that I
think are fairly intelligent people -- I mean, Andy Solis, Burt
Saunders, you guys are lawyers, and are you telling me that you
couldn't see through the way that she was answering the questions?
I think that -- I think that someone in middle school or high school
could see through that. It was so obvious.
So then the next thing I ask myself is, obviously, you have to be
able to see through and then for what reasons -- and I'm not going to
make allegations here because I have no basis other than I'm a logical
thinker. But what basis would you -- would you want to mandate
this on our county?
On the first time when you made the first mandate, we were at
10 percent going to 15 percent of cases, which I don't think really is a
big deal anyway, but for some reason that's all you guys want to talk
about, and you said, oh, if we can get it back into 10, the 10 percent,
then we'll maybe even early, short of the six weeks, that we'll reverse
the mask mandate. Well, we were looking at 4, at 4 percent last time
when you illegally decided to go again with a further mask mandate.
So, I ask myself, you know, is it that you're scared? Are you
afraid? My grandmother used to use the term "yellow belly." I
don't know. Maybe that's the reason. I don't know. Is it because
maybe someone has paid you? I have no idea. And I'm not
making -- there's a lot of George Soros money floating around into all
municipalities to try to get this agenda done to stifle, you know, the
election, to try to keep our economy down, and you guys are doing a
great job of it here, and I just wonder why, because I really expected
a lot better out of every one of you up there.
September 22, 2020
Page 31
Thank you.
MR. MILLER: Your next speaker is Kristina Heuser. She'll
be followed by Dan Cook.
MS. HEUSER: Thank you.
CHAIRMAN SAUNDERS: Good morning.
MS. HEUSER: Good morning. I'd like to thank Mr. Bracci
for his analysis, and I take it a step further and say that you-all
actually never have the authority to enact an order. Your code of
ordinances provides the mechanism by which you would enact an
emergency measure, and that's by emergency ordinance which, as
Mr. Bracci correctly pointed out, requires four votes.
And I think it's really shameful that you, the three of you,
intentionally circumvented your own code to enact something that is
against the will of the people, is illegal, and against the will of two of
the commissioners sitting up there.
In addition to that, you violated the code insofar as it provides
rules for recalling an item. That item had to be on notice and could
only be re-presented at the next regular meeting of the Board, but
instead you called an emergency meeting.
So, for all of these reasons, and many more, your order is illegal
and null and void, as Mr. Bracci pointed out. So perhaps the three of
you would like to save face and eliminate the order before the Court
strikes it down, which is going to happen prior to the next time you're
scheduled to reconsider it.
In addition, I just want to point out that it's embarrassing that the
three of you are sitting up there with your faces covered. It's a show
of cowardice, and leaders do not operate from positions of fear. Fear
is not a virtue. It's not a leadership quality.
I noticed that when you took a picture a moment ago you all
removed your masks. So maybe you're just virtue signaling.
Maybe you're not actually fearful, but I don't think that if you're
September 22, 2020
Page 32
operating under the presumption that the virus is spreading and that's
why you need to cover your faces, that it's logical that you could
remove them for a few minutes. I mean, did the virus stop in its
tracks during that period of time?
I think this is ridiculous, and you all are not leaders, and it's
embarrassing.
Thanks.
MR. MILLER: Your next speaker is Dan Cook. He will be
followed by our online speaker, Dawn Bricco.
MR. COOK: Good morning, Commissioners.
CHAIRMAN SAUNDERS: Good morning.
MR. COOK: I'm here to inform you that the multiple petitions
that we've collected numerous signatures on over the past four
months now, we started with the first petition of asking you to not
force masks upon the people. Why do we ask for that? Because
we're looking for freedom. It's really that simple.
It's not that we're anti-mask. It's not that we think the virus is
fake or anything. It's that we want the fre edom to tend to our
healthcare the way -- the way that we see fit for ourselves, just, you
know, for we avail -- we would avail the same courtesy to you to
wear a mask, I would ask that you would give us the same courtesy.
And so that is the philosophy, that is the gist, really, behind the
beginnings of our petition. So I wanted to get up here and let you
know that those petitions as well as the petitions served at the
previous meeting, which I'm not sure if Mr. Solis is looking that up
on his phone or not, but the petitions from the previous meeting cited
Article 1, Section 5 of the Florida Constitution that says we have the
right to petition the government. We have the right to petition you,
who works for us, over redress of grievance. And so that is what
that petition was at the last mask-mandate meeting.
Furthermore, we included the petitions that we've served to the
September 22, 2020
Page 33
school board, and I know that's a different jurisdiction, but we
included petitions that we sent to the Governor over the state of the
emergency as well, and I just wanted to let the public and let the
Board know that those petitions, as a packet, were sent to the
Governor, and they were received by his office yesterday.
Additionally, as I understand, the Governor sent out a request
via his Twitter account on September 4th asking local governing
boards for a written response regarding their COVID-19 response.
So, Mr. Chairman, I would like to inform you that the citizens of
Collier County would like to see what the Collier County Board of
County Commissioners' response to the Governor would be, and so I
would like to ask if you would make that written response public and
available to the public. That would be --
CHAIRMAN SAUNDERS: Mr. Klatzkow, that's a valid
public-records request. So, if there are any responses within, they
should be provided to Mr. Cook pursuant to Florida law.
MR. KLATZKOW: Correct.
MR. COOK: Okay. Thank you. And I appreciate it. That's
what we needed.
CHAIRMAN SAUNDERS: Have you gotten a response from
the Governor's office yet on the petitions?
MR. COOK: I have not. They were received yesterday, and I
called the office -- the Governor's office last week regarding your
response, and the staff member didn't really know what was going on
yet.
CHAIRMAN SAUNDERS: Well, if you get a response, I'd
appreciate seeing what that is.
MR. COOK: Yeah, I will gladly bring that up.
CHAIRMAN SAUNDERS: Thank you.
MR. MILLER: All right. Mr. Chairman, at this point, one of
our two remote speakers for this item dropped, so I have one speaker
September 22, 2020
Page 34
left. Her name is Dawn Bricco, and I hope I'm saying your name
correctly. Dawn, are you on the line with us?
MS. BRICCO: Yes, I am.
CHAIRMAN SAUNDERS: Good morning, Dawn.
MS. BRICCO: Good morning.
MR. MILLER: You have three minutes, ma'am.
MS. BRICCO: Okay. Thank you.
Good morning, Mr. Chairman. My name is Dawn Bricco. I'm
here to speak on the CollierCARES grant application process.
MR. OCHS: That's not this item.
COMMISSIONER TAYLOR: Can't do it now.
MR. MILLER: Oh, okay. She registered under public
comments. Ms. Bricco, what we're going to do is that is an actual,
Item 11A, so we're going to --
CHAIRMAN SAUNDERS: Let's -- since we have her on the
line and we're going to be getting to that item in a m oment, let's go
ahead and have her make the comments.
MR. MILLER: All right. Ms. Bricco, please continue.
MS. BRICCO: Okay. In doing this, the application required
businesses to get a CAGE Code, and we found when trying to get this
CAGE Code the window to submit was not sufficient.
The timeline, you know, my particular events in doing my
business, on 8/31, when it opened, I registered, started the
application, saw that it required this SAM/CAGE Code registration,
so started that on 9/1. Then that required a DUN number. So
requested that and received it on 9/1, then went back to request the
CAGE Code on 9/3.
SAM got a notice that they were validating with the IRS on
9/11. Got the email from the SAM that it failed due to the IRS not
matching the DUN name because of just a PA at the end.
9/11, requested DUN to add it. They actually got it changed, went
September 22, 2020
Page 35
back to resubmit it. Well, I guess it has to re -update on its own to
SAM, so that took a couple of days.
9/14 it was updated. Then 9/15 I logged back into Neighborly,
because I'm thinking, oh, I'm going to get this CAGE Code soon, and
now there is no data. It's all gone. I can log in, but everything's
gone.
So, I called the Commissioner’s office who gave me a phone
number. I'm assuming that was the Neighborly. I called for several
days, did not receive a call back. So, I called back the
Commissioner’s office and talked to them. And, you know, they
don't really know why it was particularly removed. They said it was
probably because it was closed.
And I spoke to them about the CAGE Code, and they said, well,
you could submit it, you know, without it if you put zeros or whatnot
was their stance.
I never saw this on the website but, anyway, after a few days,
Mary Jo Brock did facilitate a contact within the Neighborly, Kristi
Sonntag, who did reach out to me. And we went over things, and
she did explain how it could have been submitted without CAGE and
that they weren't actually requiring it; however, in looking at these
documents, maybe technically yes, because down on the PDFs where
you submit, it did not have an asterisk actually saying it was required;
however, those documents were under Section D, Part D that's
required documentation.
So as a businessperson completing the application, it looks to
me like it's required information to be submitted. So, I went on this
quest of getting this CAGE Code, which has still not been given to
me. I'm still in limbo with that.
So, in light of this, I still feel that the window was not sufficient
time, and I feel like there's probably other people that started this
process and in the same boat, were not able to complete it. So I am
September 22, 2020
Page 36
hoping that the Commissioners would, you know, possibly request
applications and accounts through Neighborly that were started and
not completed be reactivated and we would be allowed to complete
and submit so we could also be considered for the CollierCARES.
That's all I have.
And thank you, Commissioner Fiala, for your service.
CHAIRMAN SAUNDERS: Thank you.
Mr. Ochs, in terms of -- your office has obviously been in touch
with Dawn Bricco. I don't know how to answer her question. I
assume that you can get back with her and try to figure that issue out.
MR. OCHS: Yes, sir, we certainly will. And as part of the
presentation under 11A, you'll hear some recommendations about
reopening some of the windows for some of the components for the
CARE Act funding, which may assist in this particular area.
CHAIRMAN SAUNDERS: Okay, great. All right.
We'll move on to -- unless there's some comments from the
Commission, we'll move on to Item 8A.
Item #8A
RESOLUTION 2020-172: A RESOLUTION OF THE BOARD OF
ZONING APPEALS OF COLLIER COUNTY, FLORIDA,
RELATING TO A VARIANCE REQUEST FROM SECTION
5.05.09.G.2.A OF THE LAND DEVELOPMENT CODE TO
DECREASE THE MINIMUM SEPARATION DISTANCE FOR A
COMMUNICATION TOWER FROM 2.5 TIMES THE HEIGHT
OF THE TOWER TO 1.75 TIMES THE HEIGHT OF THE
TOWER, IN ORDER TO ALLOW FOR A 262.25-FOOT
SEPARATION DISTANCE FOR AN EXISTING 150-FOOT TALL
COMMUNICATION TOWER. THE SUBJECT PROPERTY,
CONSISTING OF 7.81+/- ACRES, IS LOCATED ON THE
September 22, 2020
Page 37
NORTH SIDE OF SABAL PALM ROAD, APPROXIMATELY
ONE-QUARTER MILE EAST OF COLLIER BOULEVARD (C.R.
951), IN SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA. [PL20180003511] (DISTRICT 1)
– ADOPTED
MR. OCHS: Yes, sir. This is a hea ring on the Board of
Zoning Appeals. It is a request for a variance from the Land
Development Code to decrease the minimum separation distance for
a communication tower from 2.5 times the height of the tower to 1.75
times the height of the tower in order to allow for a 262.25-foot
separation distance from an existing 150-foot-tall communication
tower.
This tower is located on the north side of Sabal Palm Road,
approximately one-quarter mile east of Collier Boulevard.
Is the petitioner here?
CHAIRMAN SAUNDERS: Good morning.
MS. JAHN: Good morning. If I may take my mask off just to
assist in --
CHAIRMAN SAUNDERS: Absolutely.
MS. JAHN: Thank you.
I have a PowerPoint presentation that I'd like to pull up. It
should be preloaded on the computer.
MR. OCHS: If you could give your name for the record,
please.
MS. JAHN: My apologies. I'm Mattaniah Jahn, 935 Main
Street, Suite D1, Safety Harbor, Florida, 34695, on behalf of SBA
Towers 9 and Verizon Wireless.
I'd like to preface my presentation by saying as of 9:27 p.m. last
night it would appear that we have reached a state of neighborly
relations with the one objector so -- and I do not see Mr. Pires in this
September 22, 2020
Page 38
room. So, it would appear that there are no objectors for this as of
right now.
This is an after-the-fact variance for an existing 150-foot-tall
communication tower at 5650 Melrose Lane. I'm going to be trying
to give a summary presentation since I do not have an active -- it does
not appear we have an active objector.
This came before your Planning Commission on July the 2nd.
It received unanimous recommendation of approval.
On the aerial that I'm showing you, the green marker is the location
of the communication tower. The yellow line to the left is Collier
Boulevard.
CHAIRMAN SAUNDERS: Let me -- I apologize. Let me
interrupt for a second. We did not get the ex parte communications
in. We did not swear the witnesses in. So, let's kind of start over
again with that.
We'll start with Commissioner McDaniel in terms of ex parte
communications.
COMMISSIONER McDANIEL: I do have ex parte
communications. I had communication with the petitioner.
CHAIRMAN SAUNDERS: All right. Commissioner Taylor.
COMMISSIONER TAYLOR: I had a long conversation with
Ms. Jahn and just read the packet. That's it. Thank you. Talked to
staff.
CHAIRMAN SAUNDERS: All right. Commissioner Solis.
COMMISSIONER SOLIS: No. No disclosures.
CHAIRMAN SAUNDERS: All right.
COMMISSIONER FIALA: Yes. I've had also
communication with the lady that's standing right there, on top of
which I took a ride down there just to see if it looked disruptive or if
it would be in any way disruptive to the neighborhood, but I didn't
see that at all.
September 22, 2020
Page 39
CHAIRMAN SAUNDERS: All right. I had communications
with Ms. Jahn as well. I don't know if we have any witnesses, but
we'll swear the witnesses.
MS. JAHN: Mr. Compton, would you please.
(The speakers were duly sworn and indicated in the affirmative.)
CHAIRMAN SAUNDERS: Again, I apologize for that. We
just --
MS. JAHN: My apologies for jumping in on that on you.
Again, I am Mattaniah Jahn, 935 Main Street, Suite D1, Safety
Harbor, Florida, 34695.
I'm here on behalf of SBA Towers 9, Verizon Wireless. I have
taken an oath. I also have Bill Compton with Verizon Wireless
available should you have any questions of their RF need.
As I said, as of 9:27 p.m. last night, it appears that we do not
have objectors.
The aerial that I'm showing you is just an aerial showing the
location of the communication tower. The green marker is the
location of the monopole, and the yellow marker -- the yellow line to
the left is Collier Boulevard. You can see Sabal Palm as a horizontal
line below the green marker. This is a closer view. Again, the
green marker is the monopole.
And I do not know if this will appear on there, but -- are you
able to see my mouse on your screen?
CHAIRMAN SAUNDERS: Yes.
MS. JAHN: This is the parcel in question that was rezoned
RPUD prior to the tower being approved. The separation to the
southeast is the separation of the variance request is being -- is for.
This is the result of just an unfortunate misunderstanding in the
process.
The tower itself was sited so that it would provide the
code-required separation to the north and to the west. There is no
September 22, 2020
Page 40
location on this parcel where the tower could be relocated where it
would meet all required setbacks.
Additionally, the monopole is -- the tower is designed with a fall
zone radius so that in the unlikely event of structural failure, it would
fold over upon itself and be completely contained within the
equipment compound at the base.
This is an aerial for -- this is a sheet from the plans. And just to
help show the fall zone radius, this square is SBA's lease area, and
you can barely see a circle inside there. That's the fall zone radius.
So, everything would be contained in there in the unlikely event of
failure. And, again, to the southeast, the direction that the variance
is being requested from.
I'm going to skip through this pretty quickly. If you read
the -- if you saw the video or you may have noticed in the minutes
that Mr. Compton gave some extensive explanation as to why they
need to maintain this facility at the height. Verizon does have
antennas on this tower at this time. It does provide coverage to the
area.
At one point you may have noticed that he said that if this tower
were to be shortened, he would need three towers to do the job of this
existing one.
And we provided an updated RF package just to show those two
locations that he was pointing out that would need to be added.
When you look at this map, this is the coverage that's currently
being provided by the monopole. This triangular figure right here is
the monopole itself. The other figures to the north, the southwest,
and the south are the nearest towers that Verizon is currently
collocated on.
Everything that is green is reliable coverage. Everything that's
red is below their coverage threshold.
If the tower were to be shortened to 100 feet, the coverage would be
September 22, 2020
Page 41
reduced to the areas that you see on the propagation map. And
Mr. Compton projected that he would need two additional towers
between the 80- and 100-foot-tall range; one near Lely Resort to the
west and one in the Verona Walk area to the south.
I bring this up because your code -- one of the sound planning
objectives of your code is to minimize the number of towers in the
county through the -- through the use of collocation and through their
design. Again, this furthers that sound planning objective by
allowing one tower to do the job of what would otherwise require
three shorter ones.
I'm not going to walk you through the variance criteria unless
you have any questions on those. I have a full presentation that
came before your Planning Commission that I assume is before you.
You have my application. The only two things I would bring to your
attention is peculiarity. Under your code, peculiarity -- the requisite
peculiarity to establish the grounds for a variance can ground in a
structure itself, not just the land. I would respectfully submit that
communication towers are a structure that have very peculia r
requirements due to their RF propagations since they have to work
with their neighboring towers, and they cover small areas.
The other thing I would bring to your attention is hardship. I
respectfully submit that this would provide a hardship on SBA. If
the tower is shortened and Verizon determined that they could no
longer use it because it would be -- it would not provide the height
that they need, that would make a naked tower, and under your code
it would have to be removed completely. If they di d stay on it, then
you would need three towers to do the job of one, and that would
visit a hardship upon Verizon. And again, it is in opposite to your
sound planning objectives of your code.
In the interest of time, that completes my presentation. I
reserve any remaining time for rebuttal, and I'm available for any
September 22, 2020
Page 42
questions that you may have.
CHAIRMAN SAUNDERS: All right. Let's see if there are
any questions from the Commission at this point.
Commissioner Taylor.
COMMISSIONER TAYLOR: Yes.
CHAIRMAN SAUNDERS: And I ask the Commission, go
ahead and use your buttons for the --
COMMISSIONER TAYLOR: I beg your pardon. I'm going
to do it right now.
CHAIRMAN SAUNDERS: All right.
COMMISSIONER TAYLOR: There you go.
So, can you tell me what happened? I mean, I'm glad that
there's no objection, and I read the letters from Mr. Pires. What
changed everything here for him?
MS. JAHN: It's been my under -- in the course of my career,
I've noticed that zoning is often a process that can invoke emotional
responses. And when people are able to talk long enough and talk
through those emotions, they can reach -- they can reach a rational
space where they can -- they can understand that -- in this case they
understood that SBA proceeded in good faith --
COMMISSIONER TAYLOR: Okay.
MS. JAHN: -- and was not attempting to circumvent any of
your codes or processes.
COMMISSIONER TAYLOR: Yeah. That was the thrust of
the letter. Thank you very much.
MS. JAHN: Correct.
CHAIRMAN SAUNDERS: All right. Any other questions
from the Commission?
(No response.)
CHAIRMAN SAUNDERS: Mr. Ochs, do we have a staff
presentation?
September 22, 2020
Page 43
MR. OCHS: No, sir. Staff concurs with the recommendation.
And the unanimous recommendation for approval from your
Planning Commission.
CHAIRMAN SAUNDERS: Any registered speakers?
MR. MILLER: No, sir.
CHAIRMAN SAUNDERS: We'll close the public hearing.
Any discussion on the petition?
(No response.)
CHAIRMAN SAUNDERS: Any seeing none, is there a
motion?
COMMISSIONER FIALA: Motion to approve.
COMMISSIONER TAYLOR: Make a motion to approve.
CHAIRMAN SAUNDERS: We have a motion by
Commissioner Fiala, second by Commissioner Taylor. Any
discussion?
(No response.)
CHAIRMAN SAUNDERS: Seeing none, 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: That passes unanimously.
Thank you.
Item #10A
RESOLUTION 2020-173: APPOINTING A MEMBER OF THE
September 22, 2020
Page 44
BOARD OF COUNTY COMMISSIONERS TO THE
AFFORDABLE HOUSING ADVISORY COMMITTEE IN
ACCORDANCE WITH APPROVED 2020 LEGISLATIVE
CHANGES TO SECTION 410.9076, FLORIDA STATUTES
OUTLINED IN HB1339 WHICH REQUIRES AN ELECTED
OFFICIAL TO SIT ON THE AFFORDABLE HOUSING
ADVISORY COMMITTEE (AHAC) AND PARTICIPATE IN
REGIONAL BI-ANNUAL MEETINGS – MOTION TO APPOINT
COMMISSIONER TAYLOR – ADOPTED
MR. OCHS: Mr. Chairman, that moves us to Item 10, Board of
County Commissioners. Item 10A is a recommendation to discuss
and appoint a member of the Board of County Commissioners to the
Affordable Housing Advisory Committee in accordance with
approved 2020 legislative changes to the Florida statutes.
CHAIRMAN SAUNDERS: All right. Let me see if there is
anyone on the Commission that would desire to be appointed to that.
I'm sort of looking at Commissioner Taylor because of your interest
in affordable housing, but --
COMMISSIONER TAYLOR: Yeah. I would be very
interested.
CHAIRMAN SAUNDERS: Commissioner McDaniel.
COMMISSIONER McDANIEL: I would like it as well.
CHAIRMAN SAUNDERS: All right.
COMMISSIONER McDANIEL: But I'm not going to arm
wrestle you over it.
COMMISSIONER TAYLOR: You support affordable
housing?
COMMISSIONER McDANIEL: Of course. Always have.
COMMISSIONER TAYLOR: Not -- your votes don't say that.
COMMISSIONER McDANIEL: That's absolutely incorrect,
September 22, 2020
Page 45
ma'am.
CHAIRMAN SAUNDERS: All right. Any other
commissioners want to be on this board?
(No response.)
CHAIRMAN SAUNDERS: Then we'll need a motion to
appoint one of the two. I'm going to make a motion to appoint
Commissioner Taylor just because of her long history of being
involved in affordable housing, but that doesn't preclude other
commissioners from, obviously, weighing in on that issue.
COMMISSIONER FIALA: Could I ask Commissioner
McDaniel, what was the organization you headed in Immokalee for
the Farmworker Village? Was that it?
COMMISSIONER McDANIEL: Absolutely. It was Collier
County Housing Authority oversaw a section which has a subsidized
housing program for farmworkers. I oversaw Section 8 housing in
Collier County.
And just a little incensed with your comment of how I vote
because of the -- I vote to support housing affordability. I am the
one that adjusted the vernacular away from affordable housing and
into housing affordability, and I support concrete methodologies for
providing for affordable housing for our community, adjusted
the -- adjusted the housing program that we currently have for the
whole period to shift it away so that the 15-year hold wasn't used as
an impetus to double density and then move people out of the
affordable housing and changed it to 30 years. So, I've
brought -- and supported this board multiple times on housing
affordability initiatives.
So, thank you for asking that question. I just -- and, again, I'm
incensed.
COMMISSIONER TAYLOR: Don't be incensed.
COMMISSIONER SOLIS: I'll second the motion.
September 22, 2020
Page 46
CHAIRMAN SAUNDERS: All right. We have a motion and
second. Any discussion?
(No response.)
CHAIRMAN SAUNDERS: Anyone registered to speak on this
item?
MR. MILLER: No, sir.
CHAIRMAN SAUNDERS: All right. I'll call for the vote.
All in favor, signify by saying aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN SAUNDERS: Aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN SAUNDERS: All opposed?
COMMISSIONER McDANIEL: Aye.
CHAIRMAN SAUNDERS: That passes, I believe, 4-1; is
that --
COMMISSIONER FIALA: Yeah.
CHAIRMAN SAUNDERS: Okay.
Item #10B
ADVERTISING AN ORDINANCE FOR FUTURE
CONSIDERATION THAT WOULD AMEND ORDINANCE NO.
75-16, AS AMENDED, TO ESTABLISH A ROTATION FOR
SERVING AS CHAIRMAN AND VICE-CHAIRMAN OF THE
BOARD OF COUNTY COMMISSIONERS – MOTION TO
APPROVE – APPROVED
MR. OCHS: Item 10B is a recommendation to advertise an
ordinance for future consideration that would amend Ordinance
No. 75-16 as amended to establish a rotation for serving as chairman
September 22, 2020
Page 47
and vice chairman of the Board of County Commissioners.
Chairman Saunders brought this forward.
CHAIRMAN SAUNDERS: Thank you, Mr. Ochs. I think
everybody's probably read this. It's just -- quite frankly, it's just one
paragraph. And we would start in January of 2021 with District 4,
and -- yes, District 4. The Vice Chair would be the commissioner
from District 5, and then subsequent year would be -- chairman
would be District 5, then we'd go back to District 1.
COMMISSIONER McDANIEL: I make a motion for approval,
if you wish, and I'd like to have just a brief discussion before we go.
But I'm okay with it.
CHAIRMAN SAUNDERS: All right. We have a motion to
approve the recommended -- or requested change. Is there any
discussion?
COMMISSIONER TAYLOR: I'll second.
CHAIRMAN SAUNDERS: Commissioner McDaniel.
COMMISSIONER McDANIEL: Second? Did we second?
COMMISSIONER TAYLOR: I'll second it.
CHAIRMAN SAUNDERS: We have a motion and a second.
COMMISSIONER McDANIEL: And the only comment was,
Commissioner Solis, you are the Vice Chair and with a theoretical
expectation of moving forward. Are you okay with the process as
it's designed?
COMMISSIONER SOLIS: I'm -- yes.
COMMISSIONER McDANIEL: Thank you, sir.
COMMISSIONER SOLIS: I'll keep it short.
CHAIRMAN SAUNDERS: Commissioner Taylor.
COMMISSIONER TAYLOR: Yeah. Just a couple of folks
pointed out to me, Mr. Klatzkow, that a former commissioner had a
succession ordinance that was created and passed by the
Commission. So, my question to you is -- this would supplant it, is
September 22, 2020
Page 48
that correct, or how does that work?
MR. KLATZKOW: No. This is something that's going to be
new to your code.
COMMISSIONER TAYLOR: What do we --
MR. KLATZKOW: We had discussed it in the past, but it was
never enacted.
COMMISSIONER TAYLOR: Okay. Okay. Perfect. No,
it's very clear -- very concise and puts things in order.
CHAIRMAN SAUNDERS: All right. We have a motion and
second. Is there any public comment?
MR. MILLER: No, sir.
CHAIRMAN SAUNDERS: All right. 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: That passes unanimously.
Thank you.
COMMISSIONER TAYLOR: Thank you, maybe.
COMMISSIONER McDANIEL: Yes. Thank you for
bringing that forward. That clears up a lot of things in discussion as
we're going along.
Item #11A
RECOMMENDATION TO ACCEPT AN UPDATE ON THE
DISTRIBUTION OF CORONAVIRUS RELIEF FUND (CRF)
September 22, 2020
Page 49
ALLOCATIONS UNDER THE CARES ACT, PROVIDE BOARD
DIRECTION TO STAFF ON APPLICATIONS FOR
REIMBURSEMENT FROM COUNTY, MUNICIPAL AND
PUBLIC SAFETY PROVIDERS UNDER THE COMMUNITY
HEALTH & SERVICES INITIATIVES ALLOCATION OF THE
CRF, AND TO APPROVE A POST-COVID RECOVERY
MARKETING PLAN TO BE REIMBURSED BY CRF FUNDING –
MOTION TO ACCEPT REPORT, BRING BACK AT NOVEMBER
MEETING WITH AN UPDATED REPORT, REOPEN PORTALS
AND CONTINUE PROCESSING APPLICATIONS WITH AN
EMPHASIS ON NEEDS OF THOSE IN THE COMMUNITY –
APPROVED
MR. OCHS: Mr. Chairman, we move on to Item 11A. This is
a recommendation to accept an update on the distribution of
coronavirus relief fund allocation under the CARES Act, to provide
direction to staff on applications for reimbursement from county,
municipal, and public safety providers under the Community Health
& Services Initiatives allocation and to approve a post-COVID
recovery marketing plan to be reimbursed by the CARES Act
funding.
Mr. Callahan, your executive director for Corporate Business
Operations, will present.
MR. CALLAHAN: Good morning, Commissioners. For the
record, Sean Callahan, executive director of Corporate Business
Operations.
So, the main objective to today's presentation is to give you an
update on where we're at with disbursement of the CARES Act funds
that we received earlier this summer.
We will be asking for your input on a couple of things. One,
the consideration of municipalities and other public entities that may
September 22, 2020
Page 50
have otherwise qualified under one of our buckets be given previous
Board direction. We did not move forward with funding at this time.
At your prior meeting on September 8th, we did discuss the
CARES Act marketing plan. There was a motion made to move
forward with it with the premise that we would give a full update on
that today. We're joined -- we have folks in the audience from
Paradise Advertising to do that. And then we'll be asking, as we go
through this, if there's any adjustments to the funding program, that
you provide direction to us on that time.
Just to refresh everybody's memory, back in June we received an
allocation of the Coronavirus Relief Fund. It was directly paid to us
in the amount of about $16.8 million, and that was out of a
possible -- a little bit over $67 million that we received. I won't
belabor the point of going through the eligible expenditures that are
there, because you've heard that from me quite a few times.
Friday, the Governor did announce the opportunity to begin to
apply for a second tranche of funding provided that the first tranche
was accounted for and there was a spending plan along with the
second request. So, staff's currently working with the Florida
Division of Emergency Management to work through that and figure
out how we can do that in the most timely manner.
Just to refresh your memories on the allocations. At your July 14th
BCC meeting, you allocated $15 million to an individual assistance
program for rent and mortgage utility; $10 million to a small business
relaunch and re-hire program grant fund; $30 million to community
and health services initiatives which included a set-aside of
$5 million for childcare initiatives and $5 million for emergency food
assistance; $5 million for personal protective equipment, and we set
aside $7.1 million for a community reserve and replenishment if it
was to be necessary through any of these programs.
So, an update so far. You can see in the chart that's in front of
September 22, 2020
Page 51
you, we have had each of these programs open, and we've closed
each of them. So, there was an allotted period of time that we
accepted applications for each of these programs. We've since made
awards in some that we've ranked and scored, including the first one,
the Community Health & Services Initiative. We received 52
applications. We were able to fund approximately 26 with the first
allocation of funds that were available. So, we started, and we cut it
off just over $20 million because that was our allocation. And then
in working with each of those awardees we did have to adjust some
of the funding if we found that it might not meet an eligible expense
or be duplicative with another pot. So, we actually ended up
committed to about $18.4 million in that bucket to 26 different
community providers that met that articulate.
So, under the childcare assistance, that was open from
August 3rd to the 17th. We had 21 applications submitted. We
were able to fund 18 of those at the amount of just over $2 million.
Our Individual Assistance Program, we received over 1,200
applications for that. That was open from the 17th to the 31st. We
have begun processing those applications. We -- I want to say we've
turned the corner on working through some different problems that
we've had with documentation. That started to be paid out at a much
higher rate in the past couple weeks. I thank the Clerk's Office for
working through that.
We anticipate that after we work through those applications and
process them at the amount that the average award is versus how
many we have left to process, that we're going to be at $8.3 million
out of that 15 million.
On the Small Business Assistance Program, that portal just
closed last week, last Monday. We received 379 applications.
We've sent the first two over to the Clerk's Office. We found that to
be successful to work with our Finance Department, again, to identify
September 22, 2020
Page 52
what some of the hurdles might be when we start to rapidly process
those. So, we've sent the first two over.
We anticipate that, given the number of applications and
eligibility, that will be about 7 to $8 million expended from that
10- that was allocated.
Personal protective equipment, we received -- we received
requests for 1,045 kits. We've so far begun to purchase some of that
equipment. I'll get to how we're going to distribute that a little bit
later in my presentation. But given the demand that we're seeing,
we're expecting to spend about $3 million of the $5 million
application -- or allocation, excuse me.
And then emergency food assistance, we were lucky enough to
have the Community Foundation of Collier County come in and
volunteer to help us out with the distribution of those funds given
their previous work with our food banks in the area. And so far
they've allocated about $2.1 million to those food banks, and they're
expecting to use the entire $5 million allocation by the end of the
program.
So that adds up to funding committed that we have; a little bit
under $25 million at this point. I know that there were some
questions about reopening portals, about reallocation of money in
between the different pots. So, we tried to, based on what I gave you
on the last slide, come up with what might be available to allocate.
And if you look through all the different categories, I'm going to
leave out individual assistance and small business for the moment,
but there appears that there's going to be about $12 million that we
could reallocate to different funding pots.
On the individual and small business assistance, I noted that
individual assistance had about 1,270 applications that were filed.
There were more that began in the system but, unfortunately, did not
meet the deadline or did not have all required documentation by the
September 22, 2020
Page 53
time the portal closed. So even though we do anticipate after
processing that first tranche that there's going to be funding available
left over, staff would probably recommend to the Board that
we -- that we process those first tranche of applications that were
completed and then potentially reopen to folks that are already in the
tranche that may not have had the required documentation at the time
or that may not have timely submitted that application.
And then the same thing for small business assistance. I do
know we heard from Ms. Bricco earlier. That was her request. We
anticipate having some funding availability left over that we could do
that for businesses that are in that same category.
So that's where we're at with possible reallocation of funds.
Now, within -- I mentioned this at the beginning. Within the
Community & Health Services Initiatives, we did receive several
applications from our municipalities from other -- some other
public-safety entities that would have met the criteria to be awarded
funding under the criteria that was set up at the beginning of this.
We chose not to fund them at this time given prior Board direction on
reimbursement of government expenses. Through the same time,
we've had other Collier County internal expenses to our department
beyond the administration of the program that we've incurred due to
increased sanitation, purchase of PPE, and different operating
expenses that are associated with that.
I would like to point out that today we would like to ask if you
would like to consider reimbursing those public entities but also note
that there were other -- there were other public agencies like the
Sheriff's Office that did not submit given what the Board direction
was that I know have incurred expenses, our constitutionals as well
who did not submit at the time.
CHAIRMAN SAUNDERS: Let me interrupt for a quick
second.
September 22, 2020
Page 54
Commissioner Fiala, did you have a question at this point, or did
you want to wait until the end?
COMMISSIONER FIALA: I could wait till the end, but I do
want to ask it.
MR. CALLAHAN: Sure. So I'll pause there, and I just want
to point out two things, and then we can pause probably in the
presentation and answer any questions about this specific funding,
because we are going to move on to that marketing item that I
mentioned at the beginning.
I do want to recognize the 30-plus staff who staffed our call
center all the time these portals were open. They accepted over
2,000 calls for all of the different various programs and helped people
work through applications, helped people with submission of those
applications and questions regarding them. Those are staff that came
from all different county departments, and they did a great job in
doing so.
The other thing, this is more of a public service announcement.
I mentioned that we had purchased quite a bit of personal protective
equipment. That's going to be distributed to our community
partners, to different businesses that requested it. And we're going
to need to assemble those kits. So, we're going to make that be
available. We're looking at dates in October and November to do a
day of service. We'll have that available to all county staff to
participate in, and then any of our community partners as well.
So with that public service announcement, we'll make those
dates available as we get them scheduled, but I do want to stop here
before we get into our partners with the marketing act and see if there
are any questions about the program as it's been --
CHAIRMAN SAUNDERS: Just real quickly. We do ha ve a
request from the Clerk's Office in reference to a reimbursement in the
amount of $47,477.17. I don't know if you've received that or not.
September 22, 2020
Page 55
Ms. Kinzel is here and can explain that. But I want to make
sure that gets into the mix as well.
MR. CALLAHAN: And, Commissioners, that's what we
intended to do along with those public-safety providers that I outlined
that actually submitted a request. We did mention the Sheriff's
Office, and there are others, including the Clerks, that do have
reimbursement requests. We've been advised by our professional
staff with Management & Budget that we should proceed with timely
reimbursement of those expenditures prior to the end of the fiscal
year. It wouldn't be the end of the world, but it would certainly help
us with audit compliance in the future, so that's why we brought this
back today even with the Board direction that we received before
on --
CHAIRMAN SAUNDERS: Commissioner Fiala.
COMMISSIONER FIALA: It's interesting you talked about the
Clerk's Office. I was just going to ask if the Clerk's office follows
through after we've distributed this money to make sure that it's used
for what it was meant to use. We do have professional people that
know how to request all the money and maybe don't use it as wisely
as we had thought they would be using it. And I wanted to make
sure that the Clerk in on that or -- I mean, that you guys follow up on
that.
MR. CALLAHAN: And, Commissioner, I'll just say, this has
been a very collaborative process with the staffs, especially in the
individual and business. That's why we structured it on a
reimbursement basis so that we would have that extra check and
balance before we cut a check. But I'll defer to Crystal on that.
We've -- like I said, we've worked through this together, and we're
started to get around the corner with processing a lot of these, and my
hope is that they'll continue to fall out, so...
MS. KINZEL: Thank you, Commissioners and Commissioner
September 22, 2020
Page 56
Fiala. But, exactly, our staffs work very closely with Sean's, and
because this is primarily reimbursement, we're doing most of those
audits and validations up front, so they would have already incurred
costs or have receipts and have evidence of that prior to us making
the payments. But we're very proud of that, and I want to thank also
the Clerk's Office staff. We're trying to process things. We don't
wait for check runs. We don't wait. We're trying to, as soon as we
can validate things, get the money out the door so the program runs
smoothing.
So, thank you, Sean.
CHAIRMAN SAUNDERS: Commissioner Fiala, anything
else?
COMMISSIONER FIALA: No, that's it.
CHAIRMAN SAUNDERS: Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes. And I -- thank you, sir.
I just would like to ask Sean a couple of questions.
MR. CALLAHAN: Sure.
COMMISSIONER McDANIEL: And then you're the one that's
knee deep in this. As far as I can actually ascertain from the
documentation, about 50 percent of the money has been requested
and/or committed, plus/minus 67 million total, 24 million in the
process right now and another 2 million plus/minus with regard -- or
a million for independent districts, another 8 million out. So round
numbers, we're 50 percent in.
MR. CALLAHAN: Your math might be better than me off the
top of the head, but I think you're about correct, Commissioner.
COMMISSIONER McDANIEL: Take your shoes off so you
can get to there. That higher math stuff; you've got to count.
So now, my comment is, my discussion is, with you, is our original
pretense with this CARES Act funding was to get it to the people first
before the government received its reimbursables and so ons and so
September 22, 2020
Page 57
forths.
I do understand that the special taxing districts, and certainly our
first responders, have overwhelming issues with regard to PPEs and
equipment and employee issues and so on and so forth.
So maybe we could give some consideration to -- you know, for
the record, I mean, I'm okay with staff's recommendation in accepting
this, but I'd like to give or hear your thoughts with regard to
additional consideration to reopen these portals on a pro rata basis to
allow for the community -- I heard multiple folks shared with me that
they didn't even know about it, didn't know the availability was there
to request for assistance until even the -- sometimes even after it was
over, let alone while the portals were, in fact, open. The portals
were only open for approximately two weeks apiece, and so
that -- so --
CHAIRMAN SAUNDERS: Mr. Ochs, we may need you to be
listening to this. I apologize for that –
MR. OCHS: I am, sir.
CHAIRMAN SAUNDERS: -- but there's going to be a
question that's going to follow this conversation.
MR. OCHS: Yes, sir. I've got it.
COMMISSIONER McDANIEL: That's okay. They were over
there in a huddle trying to figure this out.
But I would like to make a recommendation that we reopen the
portals, continue processing the applications that have, in fact, been
applied for, and then -- and then have a look as to whether or not we
want to reimburse. I mean, I can only really speak for ourselves
from the county's perspective on our reimbursements, but I would
much rather see this money go to our not-for-profits, our individuals,
the businesses that suffered because of the shutdown orders and the
like. I would really, really rather see that money be disbursed to
them first.
September 22, 2020
Page 58
I've had communication with our staff, and we have experienced
expenses. I'm not saying that we haven't, but we also have at the
same time been doing okay with regard to our TDT tax and our sales
tax and our gas tax and the like. So, our revenue streams haven't
been as definitely damaged as the private sector.
CHAIRMAN SAUNDERS: I think the Commission was very
clear at the outset we want to get as much of this money into the
hands of the people that need it and that reimbursement of
government expenses would be a last thought if there was anything
left over. So I agree with Commissioner McDaniel in that regard,
and I don't know if -- I assume that staff's taken that under
consideration as we're going forward with this, that that's really our
goal is to get money where it's really needed.
COMMISSIONER McDANIEL: And if I might say in review
of the executive summary, I think I saw that the special taxing
districts which are predominantly the City of Naples -- independent
taxing districts, the City of Naples, the City of Marco, our fire
control -- or fire departments all total up to a million dollars of
requested reimbursables. And so --
CHAIRMAN SAUNDERS: Let's hear from staff on that in that
regard, Mr. Callahan.
MR. CALLAHAN: And, Commissioner, that is correct that the
actual expenditures that have been submitted total up to that. I
would make the comment again that I made earlier, there are likely
others, the Sheriff's Office and some in particular, that would submit
had they thought they'd been able to.
The other thing, this money is federal money, so it's all under
federal single audit. And I would remind the Commission, just
respectfully, that the end of the year is the deadline to expend these
funds. So I think staff made this recommendation with the guise that
we could continue to even reopen portals and try to meet those
September 22, 2020
Page 59
deadlines for expenditure with that with the remaining funds that
were there and reimburse these government entities timely in this
fiscal year as well, and that's really what the staff was recommending
today.
CHAIRMAN SAUNDERS: Commissioner Taylor.
COMMISSIONER TAYLOR: I would agree to reopen the
portals, but I do have a question. When you say that the state is
considering another tranche of money, what are we talking about?
Do we have any figures?
MR. CALLAHAN: Well, see, we were allocated $67 million.
So, we were directly sent 16.8 million, give or take. That was a
check that was written to us that's in our account right now that we
can expend. The rest of it, the remainder of that 67 million, was
originally thought to be on a reimbursable basis, which is how it was
announced. On Friday, the Governor sent out -- came out and said
you could have your second 25 percent cut to you.
COMMISSIONER TAYLOR: Okay.
MR. CALLAHAN: Could you show us how you spent it?
And then also give us a spending plan for the next tranche and the
remainder of it. So, staff's currently working on that right now.
COMMISSIONER TAYLOR: Okay, good. All right.
I think that, clearly, the 501(c)3s have pretty much exhausted their
allocation. So, when you consider re -- doing this again and opening
these up again, are we talking the same amounts? What are we
talking about?
MR. CALLAHAN: If you were to open the Community &
Health Services portal again, we would likely need to reallocate some
money to that. Now, I would point out, we would have to go back
through the applications. There was a request for 28 million. That
would be -- that was the total amount of applications that we couldn't
fund at the time. So, we could look down the list and then check the
September 22, 2020
Page 60
eligibility of those different accounts that fell under that and see if
those would help exhaust funding. But as you correctly pointed out,
I think we have about $1.5 million left in that allocation right now
with what's committed, and we would probably need to reallocate
funding to that if we were to reopen it.
COMMISSIONER TAYLOR: And from -- you've got your
finger on the pulse of, based on what we've just gone through, where
the needs are; is that correct? I think you have, more so than we
have up here. I mean, you wouldn't need direction from us about the
reallocation; is that correct? Is that what you're looking for?
MR. CALLAHAN: I believe we would actually need direction
from the Board on any reallocation.
COMMISSIONER TAYLOR: And do you have a concept of
how you want to reallocate?
MR. CALLAHAN: Well, as I mentioned, I think the staff
recommendation at this point would be to leave individual and small
business. Again, that's direct payments to folks in the community,
those businesses. We do anticipate having leftover funds at that
point in time that we've processed all of the existing applications.
So, we could try to expend those funds that are already allocated
there. I think outside of that, roughly, there's another $12 million
give or take that could be put into different buckets from what we've
seen, and that would be in play if you wanted to reopen something
like the Community & Health Services portal.
COMMISSIONER McDANIEL: Could I ask a favor; just to go
to the first slide.
COMMISSIONER TAYLOR: Hold on for a second. And
what does the -- what balance -- if we do this reallocation, what does
that leave us for the government expenses? The City of Marco?
City of Naples? Greater Naples?
MR. CALLAHAN: Nothing. So, we would need to account
September 22, 2020
Page 61
for those first. If it's the Board direction, which I think I'm hearing,
we would like to account for those government expenses before
reallocating. If we did take that full 12 million and expended the
rest, as projected by staff, that would be the exhaustion of the funds.
CHAIRMAN SAUNDERS: Commissioner Solis.
COMMISSIONER SOLIS: Okay. I just want to make sure
that I -- I thought I understood it, but now I think I might have
confused myself.
So, with this reallocation that's on the screen now, that would
exhaust funds?
MR. CALLAHAN: So, the total available, Commissioner, that
we think could be reallocated from different buckets, including that
preserve and replenishment, $12 million.
COMMISSIONER SOLIS: About $12 million. And --
MR. CALLAHAN: If we took that 12 million and put it in the
Community & Health Services bucket, we wouldn't have anything
remaining to be able to reimburse those municipalities, public-safety
providers.
COMMISSIONER SOLIS: Okay. So that was my question.
This is -- the 12 million is before reimbursing any of the
municipalities or independent districts?
MR. CALLAHAN: So if the Board was inclined, we could go
out and figure out a way to account for the Sheriff's Office and others
that may have not submitted given the Board direction, expend those
funds, and then take the remainder of that and allocate it into
Community & Health Services if that was the will of the Board.
COMMISSIONER TAYLOR: Wow.
CHAIRMAN SAUNDERS: Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes. Can you go back to the
first slide. That was what I was asking for.
MR. CALLAHAN: Yes, sir. This one?
September 22, 2020
Page 62
COMMISSIONER McDANIEL: No, no. The one that had all
of them with the amount that we originally allocated with the amount
that was applied for, and it was all on -- it was in columns. It
wasn't -- there you go. I think that's it. Yes, I think that's it.
And that was where I was coming up with the approximate
50 percent. This does not include the government reimbursements
over the other $8 million expenditure that's out there as well.
So my -- and my question or thought is -- and maybe we can
give some priority to our -- to our first responders with regard to
reimbursements over and above the individual municipalities, not that
they're not important but, again, my heart is telling me we need to
really be focused on getting this assistance money from the federal
government back to the people of the community over -- in advance
of the government. And even though our fire departments and
Sheriff's Office are part of us, I know about the enormous amount of
expense that is -- that has been burdened by them just in -- just in
overtime and PPEs and so ons and so forth.
So I'd like for us to maybe segregate out the two cities, the two
municipalities, and set them aside and reimburse our -- give an
appropriation for our first responders and then reallocate for the
people, and then at the end, whenever the expiration -- didn't you say
it was the middle of December, or the end of the year?
MR. CALLAHAN: It's currently December 30th, sir, if it's not
extended by --
COMMISSIONER McDANIEL: Okay. So, it's the end of the
year. And sometime before -- maybe in our December meeting we
can revisit this to see if there's anything left to reimburse the
independent -- or the municipalities, so...
CHAIRMAN SAUNDERS: Commissioner Solis.
COMMISSIONER SOLIS: And I know that there's some
requests that aren't accounted for in the chart, in the summary.
September 22, 2020
Page 63
You've got the Immokalee Fire Control District, Greater Naples Fire
Control District. Any requests pending from North Naples?
MR. CALLAHAN: As I mentioned, Commissioner, we
did -- we did receive some inquiries from different –
COMMISSIONER SOLIS: North Collier, I mean.
MR. CALLAHAN: Yeah, North Naples Fire District, the
Sheriff's Office staff was in touch with, that did not submit requests
based on what the Board direction was. The folks that you see here,
they did submit requests through the Community & Health Services
portal, but there's likely others, including the reimbursement from the
Clerk's Office sitting in front of you, that did not submit it at that time
due to what the Board direction was on reimbursement of
municipalities and public entities.
CHAIRMAN SAUNDERS: Okay. I think my preference
would be to treat all of these governmental entities, which includes
us, the same.
And at the end of the day, when we've disbursed as much of this
money as we can, we can then prorate to the individual governmental
entities, the Clerk's Office, the Sheriff's Office, the two cities, based
on what may be left over.
I think that, obviously, we fund the Sheriff's Department. We
fund the Clerk's Office. So, if there's a shortfall there, we're going to
find a way to make up for that. So, I don't know that we need to use
these dollars. Everybody has to kind of suffer a little bit, and that
should include us as well.
So my view would be, let's get as much of this money as
possible into the hands of the people that need it, and at the end of the
process, when we get into this December, if there's money that's left
over, then we can prorate that to the individual governmental entities
on the basis of how much they've asked for and how much we have
available. That would be my preference.
September 22, 2020
Page 64
Commissioner McDaniel.
COMMISSIONER McDANIEL: Yeah, and I agree. That's a
far more prudent path to travel than the segregation and picking one
over the other and on the singular premise of getting this money back
to our community and the residents first. And we can certainly
revisit. Those two are in a huddle again. How come every time I
talk, you quit?
MR. OCHS: We do.
COMMISSIONER McDANIEL: And we can certainly revisit
this, again, in October. We have multiple meetings prior to -- and I
was just joking, by the way. So...
CHAIRMAN SAUNDERS: Any other comments from the
Commission?
COMMISSIONER FIALA: I'll just throw in, the suggestions
you just made seem very fair, and that's what it's supposed to be all
about; be fair.
CHAIRMAN SAUNDERS: All right. Mr. Ochs, you're going
to need a motion from us to accept the report at this point?
MR. OCHS: Yes, sir. And given the Board's discussion, I'd
like to bring the next update back at your December meeting. In the
meantime, reallocate available funding into your Community Health
& Services category, which seems to be the area of greatest need at
this point. And then we'll give you the update in early -- I think it's
December 8th is your board meeting, and then you can revisit the
question of funding for the public entities.
CHAIRMAN SAUNDERS: Let me suggest that you bring it
back to us in November. If we get into December, we have that
meeting on December 8th. We don't have another meeting that
month. That precludes any ability to make any changes unless we
schedule a special meeting. And I don't think we're going to need to
do that, so let's -- unless there's some objection from the Commission,
September 22, 2020
Page 65
let's bring that back in November.
MR. OCHS: Yes, sir. Will do.
Let me just turn to Sean. Any problems with that guidance?
MR. CALLAHAN: No, sir.
MR. OCHS: Okay.
CHAIRMAN SAUNDERS: We do have public comment.
Commissioner McDaniel, do you want to hear the public comment
first?
COMMISSIONER McDANIEL: I just want -- a follow-up.
And I like the idea of the report, even maybe a brief one, in October
sometime as to how we're progressing, and I wanted to make sure
that your direction, Mr. Chair, had to do with reopening the portals --
CHAIRMAN SAUNDERS: Absolutely.
COMMISSIONER McDANIEL: -- on those allotments and
such as well. So that was all. And I like the idea of November
being an update.
CHAIRMAN SAUNDERS: All right. Before we go to a
motion, we have public comment.
MR. MILLER: Yes, sir. We have one regi stered remote
speaker for this item, Kingman Schuldt.
Kingman, are you there, sir? Well, hold on a minute. I want to
see if I'm -- I'm not unmuted on my end, Kingman. Okay. Go
ahead, Kingman.
MR. SCHULDT: Okay. You can hear me. Thank you very
much.
Good morning, Mr. Chairman, Board members and Mr. Manager.
First, Commissioner Fiala, thank you for everything you've done
for East Naples now Greater Naples Fire District in your 20 years of
service. We greatly appreciate everything and wish you the very
best in your retirement.
COMMISSIONER FIALA: Thank you very much.
September 22, 2020
Page 66
MR. SCHULDT: Yes. In light of the conversation -- I wasn't
sure I was going to speak at all, but I think I will just very quickly
express the need and the concern for approval of funding for special
taxing districts, specifically Greater Naples fire rescue. You know,
to date, we've spent roughly $175,000 in supplies, PPE, necessary
equipment to maintain critical services to the community.
So, our initial application that we put in for was $350,000;
$350,443 was requested. In review of the executive summary, I see
that the proposed recommendation, whenever that would be
considered, is for an amount of $234,575, and that falls under D2
category, which is future expenses. And for this reason, in the
application, it would appear that our expenses to date of $115,868
was not considered.
And I will say that we greatly appreciate any consideration for
any funding. I will say that the Manager's Office and county staff
have been absolutely the best partners throughout this pandemic to
assist us in providing essential services. But at such time that there
is a decision made, we would request that our total application be
considered in the amount of 350,443 for expenses to date and future
expenditures.
On the behalf of our board of fire commissioners, thank you
very, very much, and please consider any funding, and it would be
greatly appreciated.
That concludes my presentation.
CHAIRMAN SAUNDERS: All right. If there's no further
public comment --
MR. MILLER: That's correct, sir.
CHAIRMAN SAUNDERS: -- we're ready for a motion. The
motion would be to approve the report and to emphasize the process
of getting more money to the people that need it and dealing with the
governmental entities at the end coming back in November with a
September 22, 2020
Page 67
report and possibly in October if you have a report to make.
Any discussion on the --
COMMISSIONER FIALA: Yeah, I'll make that motion. Thank
you very much.
CHAIRMAN SAUNDERS: All right. We have a motion.
Is there a second?
COMMISSIONER McDANIEL: Second.
CHAIRMAN SAUNDERS: Commissioner McDaniel seconds
the motion. Any discussion?
(No response.)
CHAIRMAN SAUNDERS: Seeing none, 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: That passes unanimously.
Let's take a break until 20 minutes -- or I'm sorry, 10 minutes to 11.
Well, let's come back at 11 o'clock. Give us a little bit longer in the
break. We'll be in recess till 11:00.
(A brief recess was had from 10:43 a.m. to 11:00 a.m.)
CHAIRMAN SAUNDERS: The meeting of the County
Commission will reconvene.
Mr. Ochs, if you'll guide us through this next item.
Item #11B
RESOLUTION 2020-174: A RESOLUTION AUTHORIZING THE
September 22, 2020
Page 68
ISSUANCE OF NOT EXCEEDING $92,000,000 IN AGGREGATE
PRINCIPAL AMOUNT OF COLLIER COUNTY, FLORIDA
SPECIAL OBLIGATION REVENUE BONDS, SERIES 2020A TO
FINANCE THE ACQUISITION, CONSTRUCTION AND
EQUIPPING OF VARIOUS CAPITAL IMPROVEMENTS AND
REFINANCE CERTAIN OUTSTANDING INDEBTEDNESS OF
COLLIER COUNTY; AND NOT EXCEEDING $26,000,000 IN
AGGREGATE PRINCIPAL AMOUNT OF COLLIER COUNTY,
FLORIDA TAXABLE SPECIAL OBLIGATION REVENUE
BONDS, SERIES 2020B TO PURCHASE CERTAIN REAL
PROPERTY; MAKING CERTAIN COVENANTS AND
AGREEMENTS WITH RESPECT TO SAID BONDS;
AUTHORIZING THE AWARDING OF SAID BONDS
PURSUANT TO A PUBLIC BID; DELEGATING CERTAIN
AUTHORITY TO THE COUNTY MANAGER FOR THE AWARD
OF THE BONDS AND THE APPROVAL OF THE TERMS AND
DETAILS OF SAID BONDS; AUTHORIZING THE
PUBLICATION OF A NOTICE OF SALE FOR THE BONDS OR
A SUMMARY THEREOF; AUTHORIZING THE DISTRIBUTION
OF A PRELIMINARY OFFICIAL STATEMENT; APPOINTING
THE PAYING AGENT AND REGISTRAR FOR SAID BONDS;
ESTABLISHING A BOOK-ENTRY SYSTEM OF
REGISTRATION FOR THE BONDS; AUTHORIZING THE
EXECUTION AND DELIVERY OF A CONTINUING
DISCLOSURE CERTIFICATE; PROVIDING FOR AN
EFFECTIVE DATE; AND APPROVE ALL NECESSARY FY 2021
BUDGET AMENDMENTS – ADOPTED
MR. OCHS: Yes, sir, this is Item 11B, and it's a
recommendation to approve a resolution authorizing the issuance of
not exceeding $92 million in aggregate principal amount of Collier
September 22, 2020
Page 69
County, Florida, Special Obligation Revenue Bonds to finance the
acquisition, construction, and equipping of various capital
improvements and refinance certain outstanding indebtedness of the
county and not exceeding $26 million in aggregate principal amount
of Florida tax -- excuse me -- Taxable Special Obligation Revenue
Bonds to purchase certain real property in Collier County.
Mr. Isackson, your director of Corporate Financial Planning and
Management, will make the presentation.
Mark.
MR. ISACKSON: Good morning, Commissioners. Mark
Isackson with the Office of Management and Budget.
The operative packet page for this executive summary begins on
Page 217. As Mr. Ochs says, it's a recommendation to approve a
bond resolution in an amount not exceeding $92 million of taxable
debt and $26 million in tax exempt debt.
Within the executive summary, there is an applicable sources
and uses of fund table as well as a plan of finance, which comprises
part of the information.
Now, the operable action item is essentially a resolution which
authorizes the issuance of the bonds, the marketing of the bonds, and
also the operable attachments to the bonds for marketing and sale
purposes.
Commissioners, I'll stop. If you have any questions on this, I'll
be happy to answer.
CHAIRMAN SAUNDERS: All right. I don't see anybody's
light lit up yet. Commissioner Fiala.
COMMISSIONER FIALA: Yes. I just want to ask that we
consider on this budget hearing, on this part icular item, there's one
park -- or actually, the parks in East Naples don't have a place for the
children to go inside and play, whether it be lightning storms or cold
weather or too hot or whatever. They're -- like Sugden, of course,
September 22, 2020
Page 70
doesn't have any place to go inside, and the East Naples Community
Park now is ripping everything out, and eventually they'll have
something there, but I don't know what it's going to be. And then the
Eagle Lakes Community Park has one big room, but there's -- they
don't even have rooms in there where the kids can work on crafts and
anything.
I've been begging, and I'm not kidding you when I say begging,
to please let us have what other parks have, because we have so many
children. We've got all of the kids -- we've got so many kids in here,
and I just want to ask that they please consider this as they have these
funds. They're doing everything for a lot of good parks, but you
don't see any at our parks here.
Thank you.
CHAIRMAN SAUNDERS: All right. Are there any other
questions or comments?
(No response.)
CHAIRMAN SAUNDERS: Any registered speakers?
MR. MILLER: No, sir.
CHAIRMAN SAUNDERS: All right. Then unless there's
some --
COMMISSIONER TAYLOR: Move approval.
CHAIRMAN SAUNDERS: -- further discussion, we'll need a
motion then.
COMMISSIONER TAYLOR: I'll move approval.
COMMISSIONER SOLIS: Second.
CHAIRMAN SAUNDERS: We have a motion and a second.
All in favor, signify by saying aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN SAUNDERS: Aye.
COMMISSIONER TAYLOR: Aye.
September 22, 2020
Page 71
COMMISSIONER McDANIEL: Aye.
CHAIRMAN SAUNDERS: All opposed?
(No response.)
CHAIRMAN SAUNDERS: That passes unanimously.
COMMISSIONER FIALA: And so that way, then, you'll
consider looking at that, too, so that you have some funding for that,
please.
MR. ISACKSON: Thank you, Commissioners.
Item #11C
RESOLUTION 2020-175: A RESOLUTION AUTHORIZING THE
CONDEMNATION OF THOSE FEE SIMPLE AND EASEMENT
INTERESTS NECESSARY FOR THE CONSTRUCTION OF
ROADWAY, DRAINAGE AND UTILITY IMPROVEMENTS
REQUIRED FOR THE EXPANSION AND EXTENSION OF
VANDERBILT BEACH ROAD FROM COLLIER BOULEVARD
TO EAST OF 16TH STREET NE AND MASSEY STREET FROM
COLLIER BOULEVARD TO SOUTH OF MOCKINGBIRD
DRIVE – ADOPTED
MR. OCHS: Item 11C is a recommendation to adopt a
resolution authorizing the condemnation of those fee simple and
easement interests necessary for the construction of roadway,
drainage, and utility improvements required for the expansion and
extension of Vanderbilt Beach Road from Collier Boulevard to East
of 16th Northeast and Massey Street from Collier Boulevard to south
of Mockingbird Drive.
Mr. Jay Ahmad, your director of Transportation Engineering, is
available to present or answer questions from the Board.
Jay, is there anything you need to get on the record?
September 22, 2020
Page 72
MR. AHMAD: Unless the Board has any questions, I'll be
happy to answer any questions, but nothing. The packet should be --
COMMISSIONER FIALA: I make a motion to approve.
MR. AHMAD: -- complete.
CHAIRMAN SAUNDERS: We do have a couple. Commissioner
McDaniel.
COMMISSIONER McDANIEL: I'll second the motion. I was
just going to make a motion for approval.
CHAIRMAN SAUNDERS: All right. We have a motion and
a second. Commissioner Taylor.
COMMISSIONER TAYLOR: Yeah. I think it's -- just if we
went to the PowerPoint and just to show how the initial, the original
path changed, and I just wanted to thank you so much for the work
that staff has done in this to accommodate residents and to be flexible
enough to make this work for everybody along this road. So, I think
it's a real feather in your cap. Thank you.
MR. AHMAD: You're welcome, Commissioner. Thank you.
CHAIRMAN SAUNDERS: All right. Again, we have no
registered speakers?
MR. MILLER: No, sir.
CHAIRMAN SAUNDERS: All right. We have a motion and
a second. If there's no further discussion, 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: That passes unanimously.
September 22, 2020
Page 73
MR. AHMAD: Thank you.
Item #11D
AWARD AGREEMENT NO. 19-7583, “DESIGN SERVICES FOR
THE NESA WELLFIELD,” IN THE TOTAL AMOUNT OF
$7,114,968, FOR THE NORTH EAST SERVICE AREA (NESA)
WELLFIELD, TO CDM SMITH INC., WITH AUTHORIZATION
TO ISSUE AN INITIAL PURCHASE ORDER FOR PHASE 1, IN
THE AMOUNT OF $1,758,435.90, FOLLOWED BY FUTURE
PURCHASE ORDER MODIFICATIONS FOR SUBSEQUENT
PHASES, SUBJECT TO BOARD APPROVAL AND AS
DICTATED BY BOARD-APPROVED FUNDING, IN SUPPORT
OF THE NESA WELLFIELD – APPROVED
MR. OCHS: Item 11D is a recommendation to award an
agreement for design services for the Northeast Service Area
Wellfield in the total amount of $7,114,968 for the Northeast Service
Area Wellfield to CDM Smith, Incorporated, with authorization to
issue initial purchase order for Phase 1 in the amount of
$1,758,435.90 followed by future purchase order modifications for
subsequent phases subject to Board approval and as dictated by
Board-approved funding.
Dr. Yilmaz is available to make a presentation or respond to
questions from the Board.
CHAIRMAN SAUNDERS: All right. Are there any questions
or comments from the Commission?
COMMISSIONER SOLIS: Move for approval.
COMMISSIONER McDANIEL: Second.
CHAIRMAN SAUNDERS: Do we have any registered
speakers?
September 22, 2020
Page 74
MR. MILLER: We do not, sir.
CHAIRMAN SAUNDERS: We have a motion and a second.
If there's no further discussion, 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: That passes unanimously.
COMMISSIONER FIALA: Good presentation, George.
DR. YILMAZ: Congratulations, ma'am, and thank you, Board.
Item #11E
A DEVELOPER AGREEMENT FOR EXCAVATED MATERIAL
BETWEEN RP ORANGE BLOSSOM OWNER, LLC (OBR) AND
THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY (COUNTY) TO PROVIDE AN OPTION TO
PURCHASE EXCAVATED FILL FOR USE ON COUNTY
PROJECTS – APPROVED
MR. OCHS: Item 11E a recommendation to approve a
Developer Agreement for Excavated Material between RP Orange
Blossom Owner, LLC, and the Board of County Commissioners to
provide an option to purchase excavated fill for use on county
projects.
I don't see Ms. Bishop in the room, so I'll ask Mr. Casalanguida
to give -- either respond to questions from the Board or provide a
brief presentation if needed.
September 22, 2020
Page 75
CHAIRMAN SAUNDERS: Commissioner Taylor.
COMMISSIONER TAYLOR: The date -- you need to move
this fill within 30 days; is that correct?
MR. CASALANGUIDA: They want to move it within 30
days, ma'am, and we're ready to accept that after that.
COMMISSIONER TAYLOR: Okay. Oh, they --
MR. CASALANGUIDA: They want to clear their site. That
was one of the enticements for them is to get the dirt off their
property.
COMMISSIONER TAYLOR: Perfect. All right so 30 days is
the window?
MR. CASALANGUIDA: Thirty days they'll start moving it.
That's when they'll start delivering it to our site, ma'am.
COMMISSIONER TAYLOR: Oh, they're delivering it to us.
MR. CASALANGUIDA: Right. The other component is
they're going to agree to modify their water management for the Big
Corkscrew park. Both of those --
CHAIRMAN SAUNDERS: Any registered speakers?
MR. MILLER: No, sir.
CHAIRMAN SAUNDERS: All right. Do we have a motion?
COMMISSIONER McDANIEL: Motion for approval.
COMMISSIONER TAYLOR: Second.
CHAIRMAN SAUNDERS: All right. 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.)
September 22, 2020
Page 76
CHAIRMAN SAUNDERS: Thank you.
MR. OCHS: Thank you, Commissioner.
Item #11F
THE COMPLETED ANNUAL PERFORMANCE APPRAISAL
FOR THE COUNTY MANAGER – MOTION TO ACCEPT THE
REPORT – APPROVED
That moves us to Item 11F. This is a recommendation to accept
the Annual Performance Appraisal for the County Manager.
Commissioners have all submitted their individual scores. The
overall average grade on a three-point rating scale is 2.89. So,
I'll -- I want to thank the Board for their continued trust and
confidence in myself, and this is a reflection of the great work that
county staff does. So, thank you, all, for your individual reviews,
and we look forward to another good year.
CHAIRMAN SAUNDERS: All right. Any comments from
the Commission?
(No response.)
CHAIRMAN SAUNDERS: Any registered speakers on this
item?
MR. MILLER: No, sir.
CHAIRMAN SAUNDERS: All right. I want to congratulate
you, Mr. Ochs, on the evaluation. It's obviously very good. But I
also, in particular, want to congratulate you on having an excellent
staff that makes you look good, so thank you.
MR. OCHS: Yes, sir.
CHAIRMAN SAUNDERS: That's got to be a full-time effort
on their part.
MR. OCHS: Yes, sir. It really is, and they'll be the first to tell
September 22, 2020
Page 77
you that, by the way.
CHAIRMAN SAUNDERS: All right. We need a motion to accept
the -- or I assume we need a motion to accept the report. So, is there
a motion?
COMMISSIONER TAYLOR: I'll move.
COMMISSIONER SOLIS: Second.
CHAIRMAN SAUNDERS: All right. We have a motion and
second to accept the completed Annual Performance Appraisal for
the County Manager. 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: That passes unanimously.
MR. OCHS: Thank you, Commissioners.
Item #12A
ANNUAL PERFORMANCE APPRAISAL FOR THE COUNTY
ATTORNEY – MOTION TO ACCEPT THE REPORT –
APPROVED
That takes us to Item 12, County Attorney's report. Item 12A is
the Annual Performance Appraisal for the County Attorney.
Mr. Klatzkow.
MR. KLATZKOW: And the backup material you have as far
as the various ratings go, and I'm just here to answer any questions.
CHAIRMAN SAUNDERS: All right. Any comments from
September 22, 2020
Page 78
the Commission?
(No response.)
CHAIRMAN SAUNDERS: I'm going to make the same
comment I did with the Manager. Congratulations on an excellent
report and, again, congratulations to your staff for the work that they
do to keep us advised on all the legal matters being presented to the
county.
MR. KLATZKOW: They make me look good. Thank you.
CHAIRMAN SAUNDERS: They're doing their best.
Commissioner Fiala.
COMMISSIONER FIALA: I just want to mention one little
thing. I just got a note from a constituent, and he said, I just want to
comment, no matter when I call to the county for anything,
everybody is always there to help me. He said, I don't know how
you have such a marvelous staff but, he said, you're enviable. And I
thought that was a wonderful thing. I was going to send it over to
you guys to show you there are people that really app reciate who we
have working for us because they're knowledgeable and easy to work
with. And, anyway, thank you on your part for doing a good job
with all your staff.
CHAIRMAN SAUNDERS: I think I'm going to add a little bit
of a compliment to the Commission in reference to what you just said
and also to the Manager, because the efforts of our staff, it really
begins with the leadership of the Commission and the Manager in
making sure that staff does what we expect them to do, and so I think
you're 100 percent correct in what you've said. And, again, that's
another credit to the Manager for conveying the importance of
answering every phone call, every email, and making sure that our
constituents are -- their issues are addressed.
COMMISSIONER SOLIS: And the county as well keeping us
out of trouble.
September 22, 2020
Page 79
MR. OCHS: And that is a full-time job.
MR. CASALANGUIDA: He does his best.
CHAIRMAN SAUNDERS: All right. So --
MR. OCHS: Mr. Chairman, that takes -- oh, I'm sorry. Was there a
vote on 12A?
CHAIRMAN SAUNDERS: No, I don't believe so. We have a
motion and second to approve the Annual Performance Appraisal for
the County Attorney. 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: That passes unanimously.
Item #12B
THE BOARD OF COUNTY COMMISSIONERS EXTENDS THE
COUNTY ATTORNEY EMPLOYMENT AGREEMENT TO
SEPTEMBER 30, 2023 – APPROVED
MR. OCHS: Item 12B is a recommendation that the Board
extends the County Attorney employment agreement to
September 30, 2023.
COMMISSIONER TAYLOR: So move.
COMMISSIONER SOLIS: Second.
CHAIRMAN SAUNDERS: I have a motion and second.
Mr. Klatzkow, do you have any comment?
MR. KLATZKOW: No, sir.
September 22, 2020
Page 80
CHAIRMAN SAUNDERS: Any registered speakers?
MR. MILLER: No, sir.
CHAIRMAN SAUNDERS: All right. We have a motion and
a second. I see no further --
COMMISSIONER SOLIS: I'm just -- are you sure? No, I'm
joking. It's been a rough -- a rough few months, I think, for the
County Attorney's Office just with everything that's going on. So, I
would like to thank the County Manager -- I mean the County
Attorney for some good advice and in some tough times.
CHAIRMAN SAUNDERS: All right. 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: That passes unanimously.
MR. OCHS: Thank you, Commissioners.
Item #15
STAFF AND COMMISSION GENERAL COMMUNICATIONS
That brings us to Item 15, staff and Commission general
communications. Nothing from me today, sir.
CHAIRMAN SAUNDERS: Ms. Kinzel, do you have
anything?
MS. KINZEL: No. Thank you.
CHAIRMAN SAUNDERS: Mr. Klatzkow.
September 22, 2020
Page 81
MR. KLATZKOW: No, sir.
CHAIRMAN SAUNDERS: We'll start with Commissioner
McDaniel. Anything for the good of the order here?
COMMISSIONER McDANIEL: Yeah, well, two things. I
heard in one of the public discussions earlier that the Governor sent
out by Tweet requesting information on actions taken by the Board,
so ons and so forth. I didn't realize that was by a Twitter account.
I haven't seen our reply to that. Have we?
MR. OCHS: Actions taken by the Board with regard to...
COMMISSIONER McDANIEL: The Governor sent out a
request of all municipalities with all Board actions taken in regard to
COVID.
MR. OCHS: Oh, yes, yes, yes.
COMMISSIONER McDANIEL: I haven't seen that yet. I
would like to have that. I don't recall seeing it coming through.
MR. OCHS: Sure. Yes, we did respond.
COMMISSIONER McDANIEL: I didn't realize -- I didn't
know if we had to respond when it came off of his Twitter account, if
that was as official as email or normal mail. So, I just -- I heard one
of the public speakers say that it came from his Twitter account, and
that didn't -- I didn't understand that.
My other question I wanted to ask was if the Board would be
interested in directing our staff to go and gather some information
and statistical data with regard to communities who have -- who have
had mandates and stay-at-home orders and compare that data to our
own and contiguous communities who don't have stay-at-home
orders and mask mandates and the like and have it done by our staff
from a comparison standpoint.
CHAIRMAN SAUNDERS: Yeah, I think that would be
helpful. It's probably information that's on the Governor's web page
dealing with COVID --
September 22, 2020
Page 82
COMMISSIONER McDANIEL: It's on the Health
Department's web page.
CHAIRMAN SAUNDERS: That's what I meant, the Health
Department.
COMMISSIONER McDANIEL: And maybe -- I would be
happy to assist and have that at our next communication.
CHAIRMAN SAUNDERS: All right.
COMMISSIONER McDANIEL: That's all I have.
CHAIRMAN SAUNDERS: Commissioner Taylor.
COMMISSIONER TAYLOR: Well, it appears that the State of
Florida considers the Regional Planning Councils as relevant. They
have funded through the Jacksonville Regional Planning Council that
area, $400,000 to do two studies. One of the studies, each of the
Regional Planning Councils will go and address their -- this request.
And what it is is the -- to determine the -- document and to catalog
the number of shelters we have.
And then --
COMMISSIONER FIALA: The number...
COMMISSIONER TAYLOR: Shelters, hurricane shelters.
It's fascinating. On our website -- because the Red Cross, as you
know, don't like to use any shelter that puts them in danger for a
hurricane and close to the coast. And Collier County only has three
hurricane -- Red Cross approved hurricane shelters, which we know
they have many more, and we know that we've had incredible
cooperation with the schools. So, they are updating all this
information now, and that's one area.
The other area is to document the effect of COVID on small
businesses and the economics of the region, and so they have hired
someone to start that process.
So, it's fascinating that no matter where we are as a county with
the RPC, they still seem to be functioning on the state level and do be
September 22, 2020
Page 83
recognized as an important resource for this information. And,
frankly, when you think about the information that they're asking for,
I don't know another organization that could really assemble it. So,
they're hard at work right now. I just wanted to let you know.
COMMISSIONER FIALA: I didn't even realize that. Thank
you for bringing that to our attention.
COMMISSIONER TAYLOR: Yeah. It was news to me, too.
COMMISSIONER SOLIS: Did I see in an email that the RPC
doesn't even have an office in Fort Myers anymore? They're all
working from home?
COMMISSIONER TAYLOR: Well, I think that's COVID
time. I think that's because of the COVID issue.
COMMISSIONER McDANIEL: No.
COMMISSIONER SOLIS: No, I think they gave up their
lease --
COMMISSIONER TAYLOR: They've let go of their office.
COMMISSIONER SOLIS: -- and everything, correct.
COMMISSIONER McDANIEL: Correct.
COMMISSIONER SOLIS: Wow.
COMMISSIONER McDANIEL: Without announcement, by
the way.
COMMISSIONER SOLIS: Yeah, I saw that email and I went,
wow.
COMMISSIONER McDANIEL: I showed up to the meeting
last week in the parking lot. I was Zooming in from my truck when
I did that meeting last week, and she didn't send -- our director hadn't
even sent a -- Tommy Perry drove in from Okeechobee, and we didn't
even have notice that the offices had been closed.
So, you know -- and I concur with you that RPC -- some RPCs
do have relevancy. Some are significantly more relevant than
others. So that funding that went to Jacksonville -- I think you said
September 22, 2020
Page 84
it was Jacksonville.
COMMISSIONER TAYLOR: Yeah, and they distributed it.
COMMISSIONER McDANIEL: Yes. And that's, certainly, a
topic of discussion coming in the future.
CHAIRMAN SAUNDERS: Commissioner Solis?
COMMISSIONER SOLIS: Nothing from me.
CHAIRMAN SAUNDERS: Commissioner Fiala?
COMMISSIONER FIALA: Nothing from me.
CHAIRMAN SAUNDERS: I have nothing as well. We are
adjourned.
*****
**** Commissioner Taylor moved, seconded by Commissioner Fiala
and carried that the following items under the Consent and Summary
Agendas be approved and/or adopted ****
Item #16A1
FINAL ACCEPTANCE AND ACCEPT THE CONVEYANCE OF
THE POTABLE WATER AND SEWER UTILITY FACILITIES
FOR FRONTERRA PHASE 1A, PL20180000522 AND TO
AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE,
TO RELEASE THE FINAL OBLIGATION BOND IN THE TOTAL
AMOUNT OF $4,000 TO THE PROJECT ENGINEER OR THE
DEVELOPER’S DESIGNATED AGENT
Item #16A2
FINAL ACCEPTANCE OF THE POTABLE WATER AND
SEWER FACILITIES FOR RICHMOND PARK, PL20170003274,
September 22, 2020
Page 85
ACCEPT THE CONVEYANCE OF A PORTION OF THE
POTABLE WATER AND SEWER FACILITIES, AND TO
AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE,
TO RELEASE THE UTILITIES PERFORMANCE SECURITY
(UPS) AND FINAL OBLIGATION BOND IN THE TOTAL
AMOUNT OF $62,920.03 TO THE PROJECT ENGINEER OR THE
DEVELOPER’S DESIGNATED AGENT
Item #16A3
FINAL ACCEPTANCE OF THE POTABLE WATER AND
SEWER UTILITY FACILITIES FOR COMMUNITY SCHOOL OF
NAPLES SCIENCE BUILDING, PL20200001259
Item #16A4
FINAL ACCEPTANCE OF THE POTABLE WATER AND
SEWER UTILITY FACILITIES FOR COMMUNITY SCHOOL OF
NAPLES ATHLETIC STADIUM, PL20200001485
Item #16A5
RECORDING THE FINAL PLAT OF RANCH AT ORANGE
BLOSSOM, PHASE 5 (APPLICATION NUMBER
PL20200000584), APPROVAL OF THE STANDARD FORM
CONSTRUCTION AND MAINTENANCE AGREEMENT AND
APPROVAL OF THE AMOUNT OF THE PERFORMANCE
SECURITY
Item #16A6
September 22, 2020
Page 86
RECORDING THE FINAL PLAT OF VENTANA POINTE
(APPLICATION NUMBER PL20190002844), APPROVAL OF
THE STANDARD FORM CONSTRUCTION AND
MAINTENANCE AGREEMENT AND APPROVAL OF THE
AMOUNT OF THE PERFORMANCE SECURITY
Item #16A7
CLERK OF COURTS TO RELEASE A PERFORMANCE BOND
IN THE AMOUNT OF $59,780, WHICH WAS POSTED AS A
GUARANTY FOR EXCAVATION PERMIT NUMBER
PL20170000631 FOR WORK ASSOCIATED WITH THE
ENCLAVE OF DISTINCTION
Item #16A8
THE FY20/21 10-YEAR CAPITAL PLANNING DOCUMENT FOR
FUND 195-BEACH RENOURISHMENT AND PASS
MAINTENANCE AND FUND 185 PROGRAM MANAGEMENT
AND ADMINISTRATION AND MAKE A FINDING THAT
THESE EXPENDITURES PROMOTE TOURISM
Item #16A9
TOURIST DEVELOPMENT COUNCIL GRANT APPLICATION
REQUESTS FROM THE CITY OF NAPLES, THE CITY OF
MARCO ISLAND AND COLLIER COUNTY FOR FY2020-2021
IN THE AMOUNT OF $5,742,100; BUDGET THESE
EXPENDITURES; AUTHORIZE THE CHAIRMAN TO EXECUTE
THE AGREEMENT WITH CITY OF NAPLES; AND MAKE A
FINDING THAT THESE EXPENDITURES PROMOTE TOURISM
September 22, 2020
Page 87
Item #16A10
AGREEMENT FOR THE ACQUISITION OF THREE FEE
SIMPLE PARCELS (PARCELS 101FEE1, 101FEE2 AND 102FEE)
REQUIRED FOR CONSTRUCTION OF ROADWAY AND
RELATED IMPROVEMENTS TO WHIPPOORWILL LANE AND
MARBELLA LAKES DRIVE CONNECTION (PROJECT NO.
60219)
Item #16A11
WORK ORDER TO BONNESS, INC., FOR CONSTRUCTION OF
THE “LIVINGSTON ROAD AT VANDERBILT BEACH ROAD
INTERSECTION IMPROVEMENTS” PROJECT, IN THE
AMOUNT OF $604,438 (PROJECT #60243.3)
Item #16A12
WORK ORDER TO BONNESS, INC., FOR CONSTRUCTION OF
THE “LIVINGSTON ROAD AT IMMOKALEE ROAD
INTERSECTION IMPROVEMENTS” PROJECT, IN THE
AMOUNT OF $438,557.23 (PROJECT #60244.3)
Item #16A13
DIRECTING THE COUNTY ATTORNEY TO ADVERTISE, AND
BRING BACK FOR A PUBLIC HEARING, AN ORDINANCE
AMENDING ORDINANCE 2006-57 EXPANDING THE USE OF
GOLF CARTS TO ALL COUNTY ROADS AND STREETS
THROUGHOUT GOODLAND, FLORIDA
September 22, 2020
Page 88
Item #16A14
THE SELECTION COMMITTEE’S RANKING AND
AUTHORIZING STAFF TO ENTER INTO CONTRACT
NEGOTIATIONS WITH EARTH TECH ENVIRONMENTAL,
LLC, CONCERNING REQUEST FOR PROFESSIONAL
SERVICES (“RPS”) NO. 20-7768, “COLLIER COUNTY
COMPREHENSIVE WATERSHED IMPROVEMENT PROJECT
MONITORING SERVICES.”
Item #16A15
RESOLUTION 2020-152: THE REMOVAL OF UNCOLLECTIBLE
RECEIVABLES IN THE AMOUNT OF $2,570.79 FROM THE
FINANCIAL RECORDS OF THE AIRPORT AUTHORITY FUND
(495) AND $4,777.24 FROM THE FINANCIAL RECORDS OF
TRANSPORTATION GAS TAX FUND (313) IN ACCORDANCE
WITH RESOLUTION 2006-252 AND AUTHORIZE THE CHAIR
TO EXECUTE THE RESOLUTION
Item #16A16
RESOLUTION 2020-153: HOLDING A PUBLIC HEARING TO
CONSIDER VACATING A PORTION OF TRACT “A” OF
TOLLGATE COMMERCIAL CENTER PHASE THREE, PLAT
BOOK 22, PAGE 95 OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA. THE SUBJECT RIGHT-OF-WAY IS
LOCATED APPROXIMATELY 1600-FEET EAST OF COLLIER
BOULEVARD BETWEEN TOLLHOUSE DRIVE AND I-75 IN
SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST,
September 22, 2020
Page 89
COLLIER COUNTY, FLORIDA. (PL20200001420)
Item #16A17
RECORDING THE FINAL PLAT OF TAMARINDO
(APPLICATION NUMBER PL20190002554), APPROVAL OF
THE STANDARD FORM CONSTRUCTION AND
MAINTENANCE AGREEMENT AND APPROVAL OF THE
AMOUNT OF THE PERFORMANCE SECURITY
Item #16C1
THE CONVEYANCE OF A UTILITY FACILITIES WARRANTY
DEED AND BILL OF SALE FOR WATER AND SEWER
INFRASTRUCTURE ON AND TO COUNTY OWNED
PROPERTY LOCATED AT 3675 THE LORD’S WAY, FOR EMS
STATION #25, TO THE COLLIER COUNTY WATER-SEWER
DISTRICT, AT A COST NOT TO EXCEED $200
Item #16C2
RESOLUTION 2020-154: THE FY21 FEE SCHEDULES
ESTABLISHED IN THE ANNUAL RATE RESOLUTION FOR
RESIDENTIAL AND COMMERCIAL COLLECTION AND
DISPOSAL OF SOLID WASTE AND RECYCLING AT COLLIER
COUNTY SOLID WASTE FACILITIES, INCLUDING THE
LANDFILL, TRANSFER STATION, AND RECYCLING DROP-
OFF CENTERS. THE FY21 RATE RESOLUTION IMPLEMENTS
A 2.9% TONNAGE RATE INCREASE AT THE LANDFILL AND
TRANSFER STATION, WITH NO OTHER FISCAL IMPACTS TO
PREVIOUS BOARD ADOPTED RESOLUTIONS
September 22, 2020
Page 90
Item #16C3
EXPENDITURES UNDER AN EXEMPTION FROM THE
COMPETITIVE PROCESS AND TO APPROVE ATTACHED
AGREEMENT NO. 20-040-NS WITH SUNSTATE METER &
SUPPLY, INC., TO ACQUIRE NEPTUNE LARGE METERS AND
COMPONENTS
Item #16C4
INVITATION TO BID (“ITB”) NO. 20-7739, “SEWAGE
HAULING,” TO SOUTHERN SANITATION, INC., AND
AUTHORIZE THE CHAIRMAN TO SIGN THE AGREEMENT
Item #16C5 – Withdrawn (Per Agenda Change Sheet)
RECOMMENDATION TO APPROVE A FOURTH AMENDMENT
TO CONTRACT NO. 14- 6345 “CONSTRUCTION
ENGINEERING AND INSPECTION (“CEI”) SERVICES FOR
THE WASTEWATER BASIN PROGRAMS (MPS 101 BASIN)”
WITH STANTEC CONSULTING SERVICES INC. (“STANTEC”),
EXTENDING THE AUTHORIZATION FOR STANTEC TO
LEASE A REIMBURSABLE CEI FIELD OFFICE IN BASIN 101
OF THE WASTEWATER BASIN PROGRAM, WHICH IS SET TO
TERMINATE ON SEPTEMBER 30, 2020
Item#16C6
A PARTIAL RELEASE OF AN ACCESS LICENSE AGREEMENT
THAT THE COUNTY ENTERED INTO WITH MINTO SABAL
September 22, 2020
Page 91
BAY, LLC AND ISLES OF COLLIER PRESERVE PROPERTY
OWNER ASSOCIATION, INC.
Item #16C7
RESOLUTION 2020-155: SURPLUS LIST OF COUNTY OWNED
REAL PROPERTIES TO BE DISPOSED PURSUANT TO THE
PROVISIONS OF SECTION 125.379, FLORIDA STATUTES AND
AUTHORIZE THAT PROPERTY LOCATED AT 3080 FRANCIS
AVENUE BE CONVEYED TO RESIDENTIAL OPTIONS OF
FLORIDA, INC., A NOT FOR PROFIT CORPORATION, FOR
$1,000 PURSUANT TO THE PROVISIONS OF SECTION 125.28,
FLORIDA STATUTES
Item #16D1
THE FY20-21 COMMISSION FOR THE TRANSPORTATION
DISADVANTAGED SHIRLEY CONROY RURAL CAPITAL
EQUIPMENT SUPPORT GRANT IN THE AMOUNT OF $25,094
AND A LOCAL MATCH OF $2,788 FOR THE PROCUREMENT
OF ONE (1) VEHICLE ALIGNMENT MACHINE AND
AUTHORIZE THE NECESSARY BUDGET AMENDMENTS
Item #16D2
RESOLUTION 2020-156: THE REMOVAL OF UNCOLLECTIBLE
RECEIVABLES IN THE AMOUNT OF $6,258.72 FROM THE
FINANCIAL RECORDS OF THE PARKS AND RECREATION
DIVISION IN ACCORDANCE WITH RESOLUTION NO. 2006-
252 AND AUTHORIZE THE CHAIR TO EXECUTE THE
RESOLUTION
September 22, 2020
Page 92
Item #16D3
AN “AFTER-THE-FACT” AMENDMENT AND ATTESTATION
STATEMENT WITH THE AREA AGENCY ON AGING FOR
SOUTHWEST FLORIDA, INC., CARES ACT FUNDING UNDER
THE OLDER AMERICAN ACT GRANT PROGRAM FOR THE
COLLIER COUNTY SERVICES FOR SENIORS TO ADD HOME
DELIVERED MEALS TO THE CARES C1 BUDGET AND
REVISE ATTACHMENT VII, CARES BUDGET AND RATE
SUMMARY
Item #16D4
RESOLUTION 2020-157: REVISED GUIDELINES AND RULES
GOVERNING THE GOLDEN GATE COMMUNITY CENTER
ADVISORY BOARD, REMOVING THE REQUIREMENT THAT
THE COMMUNITY CENTER SUPERVISOR MUST RESIDE
WITHIN THE MSTU
Item #16D5
RESOLUTION 2020-158: REMOVING UNCOLLECTIBLE
RECEIVABLES IN THE AMOUNT OF $2,350 FROM THE
RECORDS OF THE NEIGHBORHOOD STABILIZATION
PROGRAM IN ACCORDANCE WITH RESOLUTION 2006-252
Item #16D6
ACCEPTANCE OF REVENUE FOR COLLIER AREA TRANSIT
BUS SHELTERS IN THE AMOUNT OF $38,919 AND TO
September 22, 2020
Page 93
APPROVE ALL NECESSARY BUDGET AMENDMENTS
Item #16D7
AN “AFTER-THE-FACT” CONTRACT AND AN ATTESTATION
STATEMENT WITH AREA AGENCY ON AGING FOR
SOUTHWEST FLORIDA, INC., FOR THE CARES EMERGENCY
HOME ENERGY ASSISTANCE PROGRAM AND AUTHORIZE
A BUDGET AMENDMENT TO ENSURE CONTINUOUS
FUNDING FOR FY20/21
Item #16D8
TWO (2) MORTGAGE SATISFACTIONS FOR THE STATE
HOUSING INITIATIVES PARTNERSHIP LOAN PROGRAM IN
THE COMBINED AMOUNT OF $20,500 AND THE
ASSOCIATED BUDGET AMENDMENT
Item #16D9
AN AGREEMENT IN THE AMOUNT OF $584,907 WITH THE
AGENCY FOR HEALTH CARE ADMINISTRATION AND AN
AGREEMENT WITH COLLIER HEALTH SERVICES, INC., AND
AUTHORIZE NECESSARY BUDGET AMENDMENTS TO
PARTICIPATE IN THE MEDICAID LOW INCOME POOL
PROGRAM, GENERATING $1,252,114 IN FEDERAL
MATCHING FUNDS THAT WILL PROVIDE ADDITIONAL
HEALTH SERVICES FOR THE CITIZENS OF COLLIER
COUNTY
Item #16D10
September 22, 2020
Page 94
AWARD INVITATION TO BID (ITB) NO. 20-7731, “CAT
SHELTERS AND AMENITIES PURCHASE,” TO BRASCO
INTERNATIONAL, INC., AS THE PRIMARY VENDOR, AND
LNI CUSTOM MANUFACTURING, LLC, AS THE SECONDARY
VENDOR, AND AUTHORIZE THE CHAIRMAN TO SIGN THE
ATTACHED AGREEMENTS. SOURCE OF FUNDING IS
FEDERAL TRANSIT ADMINISTRATION GRANTS
Item #16D11
AN AGREEMENT BETWEEN THE COLLIER COUNTY
SHERIFF’S OFFICE AND THE COLLIER COUNTY BOARD OF
COUNTY COMMISSIONERS UTILIZING FUNDS FROM THE
DEPARTMENT OF JUSTICE FY20 BUREAU OF JUSTICE
ASSISTANCE COVID-19 EMERGENCY SUPPLEMENTAL
FUNDING PROGRAM IN THE AMOUNT OF $201,265
Item#16D12
APPROVAL OF THE NANCY PAYTON PRESERVE FINAL
MANAGEMENT PLAN 10-YEAR UPDATE UNDER THE
CONSERVATION COLLIER PROGRAM
Item #16E1
NINTH AMENDMENT TO THE AGREEMENT FOR MEDICAL
EXAMINER SERVICES (AGREEMENT NO. 11-5776 - MEDICAL
EXAMINER), WHICH WILL EXTEND THE TERM OF THE
AGREEMENT TO SEPTEMBER 30, 2021
September 22, 2020
Page 95
Item #16E2
THE PURCHASE OF AIRCRAFT AND AIRPORT INSURANCE
FOR FY 2020 FROM THE MEMBER COMPANIES OF GLOBAL
AEROSPACE IN THE ESTIMATED AMOUNT OF $183,349
Item #16E3
RESOLUTION 2020-159: THE REMOVAL OF UNCOLLECTIBLE
ACCOUNTS RECEIVABLES IN THE AMOUNT OF $74.89
FROM THE FINANCIAL RECORDS OF THE HUMAN
RESOURCES DIVISION IN ACCORDANCE WITH
RESOLUTION NO. 2006-252 AND AUTHORIZE THE
CHAIRMAN TO EXECUTE THE NECESSARY RESOLUTION
Item #16E4
AUTHORIZING EXPENDITURES FROM AIRBUS
HELICOPTERS, INC. (“AIRBUS”), AS A SOLE SOURCE
VENDOR FOR THE PURCHASE OF EQUIPMENT PARTS,
REPAIRS, AND SERVICES FOR THE COUNTY’S AIR
AMBULANCE HELICOPTERS, IN AN AMOUNT NOT TO
EXCEED $210,000 ANNUALLY
Item #16E5
THE PURCHASE OF EXCESS WORKERS' COMPENSATION
INSURANCE FOR FY21 WITH ARCH INSURANCE COMPANY
IN THE ESTIMATED AMOUNT OF $169,550.72
Item #16E6
September 22, 2020
Page 96
RENEWAL OF THE ANNUAL CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY (COPCN) FOR AMBITRANS
MEDICAL TRANSPORT, INC., TO PROVIDE CLASS 2
ADVANCED LIFE SUPPORT (ALS) INTER-FACILITY
TRANSPORT AMBULANCE SERVICE FOR A PERIOD OF ONE
YEAR
Item #16E7
RESOLUTION 2020-160: AUTHORIZING
INTERGOVERNMENTAL TRANSFERS (IGT) BETWEEN
COLLIER COUNTY EMS AND THE STATE OF FLORIDA
AGENCY FOR HEALTH CARE ADMINISTRATION (ACHA)
FOR FY21, TO AUTHORIZE CHAIRMAN TO SIGN AN
AGREEMENT WITH ACHA TO ACCEPT DIRECT PAYMENTS
FROM THE PROGRAM NAMED STATEWIDE MEDICAID
MANAGED CARE (SMMC) FOR FY21 AND TO APPROVE THE
NECESSARY BUDGET AMENDMENTS
Item #16E8
RESOLUTION 2020-161: ADOPTING THE PAY AND
CLASSIFICATION PLANS FOR THE COUNTY MANAGER’S
AGENCY AND COUNTY ATTORNEY’S OFFICE EFFECTIVE
OCTOBER 1, 2020; TO PROVIDE A GENERAL WAGE
ADJUSTMENT TO ELIGIBLE EMPLOYEES; AND TO
APPROVE THE CREATION OF NEW CLASSIFICATIONS,
MODIFICATION AND/OR DELETION OF CLASSIFICATIONS,
AND ASSIGNMENT OF PAY RANGES FROM THE PROPOSED
PAY AND CLASSIFICATION PLANS, FROM JULY 1, 2020
September 22, 2020
Page 97
FORWARD, USING THE EXISTING POINT-FACTOR JOB
EVALUATION SYSTEM
Item #16E9
AWARD REQUEST FOR PROFESSIONAL SERVICES (“RPS”)
NO. 18-7432-RB “ROAD & BRIDGE STUDY, PLANNING AND
DESIGN,” TO JACOBS ENGINEERING GROUP INC., JOHNSON
ENGINEERING, INC., STANTEC CONSULTING SERVICES
INC., CAPITAL CONSULTING SOLUTIONS LLC, AIM
ENGINEERING & SURVEYING, INC., ATKINS NORTH
AMERICA, INC., CARDNO, INC., RUMMEL, KLEPPER &
KAHL, LLP, D/B/A RK&K, AGNOLI, BARBER & BRUNDAGE,
INC., KISINGER CAMPO & ASSOCIATES, CORP., D/B/A KCA,
DRMP, INC., AND T.Y. LIN INTERNATIONAL, AND
AUTHORIZE THE CHAIRMAN TO SIGN THE AGREEMENTS
Item #16E10
AWARD REQUEST FOR PROPOSAL (“RFP”) #20-7715,
CONTRACT EMPLOYMENT SERVICES, TO KEY STAFF, INC.,
AS THE PRIMARY VENDOR, AND 22ND CENTURY
TECHNOLOGIES, INC., AS THE SECONDARY VENDOR
Item #16E11
THE PURCHASE OF FLOOD INSURANCE FOR FISCAL YEAR
2021 IN THE ESTIMATED AMOUNT OF $495,269
Item #16E12
September 22, 2020
Page 98
AUTHORIZING THE COUNTY ATTORNEY TO ADVERTISE
AN ORDINANCE AMENDING PROCUREMENT ORDINANCE
NO. 2013-69, AS AMENDED, TO INCORPORATE REFERENCES
PERTAINING TO THE COUNTY’S DIRECT MATERIALS
PURCHASE COST-SAVINGS PROGRAM
Item #16E13
THE PURCHASE OF LIABILITY, AUTOMOBILE, AND OTHER
INSURANCE COVERAGE FOR FY21 IN THE ESTIMATED
ANNUAL AMOUNT OF $923,349
Item #16E14
ADMINISTRATIVE REPORTS PREPARED BY THE
PROCUREMENT SERVICES DIVISION FOR CHANGE ORDERS
AND OTHER CONTRACTUAL MODIFICATIONS REQUIRING
BOARD APPROVAL
Item #16E15
ADMINISTRATIVE REPORT PREPARED BY THE
PROCUREMENT SERVICES DIVISION FOR DISPOSAL OF
PROPERTY AND NOTIFICATION OF REVENUE
DISBURSEMENT
Item #16F1
RECOGNIZING BRIAN MONDGOCK, PUBLIC UTILITIES,
FACILITIES MANAGEMENT CAD TECHNICIAN, AS THE
AUGUST 2020 EMPLOYEE OF THE MONTH. THE AWARD
September 22, 2020
Page 99
HAS BEEN PRESENTED TO RECIPIENT BY STAFF MEMBERS
Item #16F2
RESOLUTION 2020-162: AMENDMENTS (APPROPRIATING
GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE
PROCEEDS) TO THE FISCAL YEAR 2019-20 ADOPTED
BUDGET
Item #16F3
TERMINATING FOR CONVENIENCE AGREEMENT NO. 19-
7513 WITH SAFE AND GREEN INC., D/B/A MONSTER TREE
SERVICE OF SOUTHWEST FLORIDA FOR PELICAN BAY
TREE PRUNING
Item #16F4
FY21 ACTION PLAN FOR THE COUNTY MANAGER
Item #16G1
AGREEMENT NO. 20-7692, “DESIGN SERVICES FOR
EVERGLADES AIRPARK RUNWAY REHABILITATION,” IN
THE LUMP SUM AMOUNT OF $275,050 WITH HOLE MONTES,
INC
Item #16G2
AMENDMENTS EXTENDING THE EXISTING CONTRACT NO.
15-6382-2, “GRANT FUNDED PROFESSIONAL SERVICES FOR
September 22, 2020
Page 100
AIRPORTS” WITH HOLE MONTES, ATKINS NORTH
AMERICA, INC., AND AVCON, INC., FOR A PERIOD OF SIX
MONTHS OR UNTIL A NEW CONTRACT IS AWARDED,
WHICHEVER IS SOONER, TO ALLOW STAFF TO COMPLETE
SOLICITING, AND TO PREVENT A LAPSE IN THESE
SERVICES
Item #16H1 – Read into Record by County Manager under Item #4
PROCLAMATION RECOGNIZING NEWELL PROPERTY
MANAGEMENT CORPORATION AS RECIPIENT OF THE
WASTE REDUCTION AWARDS PROGRAM (WRAP) AWARD,
FOR CONTRIBUTING TO THE GREATER GOOD OF COLLIER
COUNTY BY ADVOCATING THE "REDUCE, REUSE,
RECYCLE" MESSAGE, THEREBY HELPING TO PROLONG
THE USABLE LIFE OF THE COLLIER COUNTY LANDFILL.
THE PROCLAMATION WILL BE GIVEN TO SARAH JAMES
AND NANCY PHILLIPS, MANAGERS AT NEWELL PROPERTY
MANAGEMENT CORPORATION – ADOPTED
Item #16H2 – Read into Record by County Manager under Item #4
PROCLAMATION DESIGNATING SEPTEMBER 22, 2020 AS
FALLS PREVENTION AWARENESS DAY IN COLLIER
COUNTY. THE PROCLAMATION WILL BE MAILED TO
LAUREN WARE, COMMUNITY PROGRAMS COORDINATOR,
LEE MEMORIAL HEALTH SYSTEM, 4211 METRO PARKWAY,
SUITE 300, FORT MYERS, FLORIDA 33916 – ADOPTED
Item #16H3 – Read into Record by County Manager under Item #4
September 22, 2020
Page 101
PROCLAMATION RECOGNIZING THE PUBLIC SERVICE
RENDERED BY AMERICORPS MEMBERS TO THE EARN TO
LEARN FLORIDA NEAR PEER COACHING FOR
POSTSECONDARY SUCCESS PROGRAM IN COLLIER
COUNTY. THE PROCLAMATION WILL BE MAILED TO
BRENDA TATE, CEO, EARN TO LEARN FLORIDA, INC., 9160
FORUM CORPORATE PARKWAY, FORT MYERS, FLORIDA
33905 – ADOPTED
Item #16H4 – Read into Record by County Manager under Item #4
PROCLAMATION DESIGNATING SEPTEMBER 20 - 26, 2020
AS CHILD PASSENGER SAFETY WEEK IN COLLIER
COUNTY. THE PROCLAMATION WILL BE MAILED TO
SALLY KREUSCHER, SAFE KIDS COORDINATOR,
GOLISANO CHILDREN'S HOSPITAL OF SOUTHWEST
FLORIDA, 9981 S. HEALTHPARK DRIVE, FORT MYERS, FL
33908 – ADOPTED
Item #16H5 – Read into Record by County Manager under Item #4
PROCLAMATION DESIGNATING OCTOBER 10, 2020 AS
REPUBLIC OF CHINA (TAIWAN) DAY IN COLLIER COUNTY.
THE PROCLAMATION WILL BE MAILED TO THE TAIPEI
ECONOMIC AND CULTURAL OFFICE, 2333 PONCE DELEON
BOULEVARD, CORAL GABLES, FLORIDA – ADOPTED
Item #16H6
RESOLUTION 2020-163: SUPPORTING THE FLORIDA FISH
AND WILDLIFE CONSERVATION COMMISSION AQUATIC
September 22, 2020
Page 102
PLANT MANAGEMENT PROGRAM
Item #16J1
RECORD IN THE MINUTES OF THE BOARD OF COUNTY
COMMISSIONERS, THE CHECK NUMBER (OR OTHER
PAYMENT METHOD), AMOUNT, PAYEE, AND PURPOSE FOR
WHICH THE REFERENCED DISBURSEMENTS WERE DRAWN
FOR THE PERIODS BETWEEN AUGUST 27, 2020 AND
SEPTEMBER 9, 2020 PURSUANT TO FLORIDA STATUTE
136.06
Item #16J2
REQUEST THAT THE BOARD APPROVE AND DETERMINE
VALID PUBLIC PURPOSE FOR INVOICES PAYABLE AND
PURCHASING CARD TRANSACTIONS AS OF SEPTEMBER 16,
2020
Item #16K1
RESOLUTION 2020-164: APPOINTING CHRISTOPHER T.
VERNON AS A MEMBER TO THE COLLIER COUNTY
PLANNING COMMISSION, REPRESENTING COMMISSION
DISTRICT 2
Item #16K2
RESOLUTION 2020-165: RE-APPOINTING NED FRYER AS A
MEMBER TO THE COLLIER COUNTY PLANNING
COMMISSION, REPRESENTING COMMISSION DISTRICT 4
September 22, 2020
Page 103
Item #16K3
RESOLUTION 2020-166: APPOINTING ROBERT L. KLUCIK,
JR. AS A MEMBER TO THE COLLIER COUNTY PLANNING
COMMISSION, REPRESENTING COMMISSION DISTRICT 5
Item#16K4
RESOLUTION 2020-167: APPOINTING BARRY O’BRIEN TO
THE HISTORIC/ARCHAEOLOGICAL PRESERVATION BOARD
Item #16K5
RESOLUTION 2020-168: RE-APPOINTING BERNARDO
BARNHART AND NORMA GARCIA TO THE IMMOKALEE
BEAUTIFICATION MSTU ADVISORY COMMITTEE
Item #16K6
THE FY20-21 ACTION PLAN FOR JEFFREY A. KLATZKOW,
COUNTY ATTORNEY
Item #17A
ORDINANCE 2020-25: AMENDING ORDINANCE NO. 89-05, AS
AMENDED, THE COLLIER COUNTY GROWTH
MANAGEMENT PLAN FOR THE UNINCORPORATED AREA
OF COLLIER COUNTY, FLORIDA, SPECIFICALLY
AMENDING THE FUTURE LAND USE ELEMENT AND
FUTURE LAND USE MAP AND MAP SERIES BY CHANGING
September 22, 2020
Page 104
THE DESIGNATION OF PROPERTY FROM THE URBAN
DESIGNATION, URBAN MIXED USE DISTRICT,
RESIDENTIAL SUBDISTRICT AND THE
AGRICULTURAL/RURAL DESIGNATION, RURAL FRINGE
MIXED USE DISTRICT-SENDING LANDS TO THE URBAN
DESIGNATION, COMMERCIAL DISTRICT, INTERCHANGE
ACTIVITY CENTER #9 TO ALLOW CONSTRUCTION OF
COMMERCIAL AND INDUSTRIAL DEVELOPMENT.
(ADOPTION HEARING) (THIS IS A COMPANION TO AGENDA
ITEM #17B)
Item #17B
ORDINANCE 2020-26: APPROVING THE BECK BOULEVARD
REZONE FOR REZONING OF A 3.4+/- ACRE SITE FROM THE
RURAL AGRICULTURAL (A) AND RURAL AGRICULTURAL-
RURAL FRINGE MIXED USE OVERLAY-SENDING (A-
RFMUO-SENDING) ZONING DISTRICTS TO THE
INDUSTRIAL (I) ZONING DISTRICT SUBJECT TO
CONDITIONS; PROVIDING FOR PARTIAL REPEAL OF
ORDINANCE NO. 92-56, A CONDITIONAL USE FOR A
TELECOMMUNICATION TOWER; AND PROVIDING AN
EFFECTIVE DATE. THE SUBJECT PROPERTY IS LOCATED
AT 3205 BECK BOULEVARD IN SECTION 35 & 36, TOWNSHIP
49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA
AND SECTIONS 1 AND 2, TOWNSHIP 50 SOUTH, RANGE 26
EAST. (PL20190002018) (THIS IS A COMPANION TO
PL20190002017-3205 BECK BLVD GMPA, AGENDA ITEM
#17A)
Item #17C
September 22, 2020
Page 105
RESOLUTION 2020-169: PETITION VAC-PL20190002863, TO
DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND
THE PUBLIC INTEREST IN A PORTION OF THE PELICAN
BAY IMPROVEMENT DISTRICT DRAINAGE EASEMENT
(P.B.I.D.D.E.), AS RECORDED IN OFFICIAL RECORD BOOK
790, PAGE 1803 OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA, LOCATED APPROXIMATELY 540 FEET
WEST OF THE INTERSECTION OF PELICAN BAY
BOULEVARD AND NICHOLAS BOULEVARD, LOCATED IN
SECTION 4, TOWNSHIP 49 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA
Item #17D
ORDINANCE 2020-27: AMENDMENT TO ORDINANCE 2013-27
TO ALIGN THE ORDINANCE WITH APPROVED 2020
LEGISLATIVE CHANGES TO SECTION 420.9076, FLORIDA
STATUTES OUTLINED IN HB1339 WHICH CHANGES THE
COMPOSITION OF THE AFFORDABLE HOUSING ADVISORY
COMMITTEE AND THE FREQUENCY OF ITS REPORTING.
(THIS IS A COMPANION TO AGENDA ITEM #10A)
Item #17E
RESOLUTION 2020-170: AMENDMENTS (APPROPRIATING
CARRY FORWARD, TRANSFERS AND SUPPLEMENTAL
REVENUE) TO THE FISCAL YEAR 2020-21 ADOPTED
BUDGET
Item #17F
September 22, 2020
RESOLUTION 2020-171 : AMENDMENTS (APPROPRIATING
CARRY FORWARD, TRANSFERS AND SUPPLEMENTAL
REVENUE) TO THE FISCAL YEAR 2019-20 ADOPTED
BUDGET
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 11 : 19 a.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS CONTROL
BURT SAUNDERS, CHAIRMAN
ATTEST
CRYSTAL K. KINZEL, CLERK
tQUAL(, .s sC
Attest as to Ch. 1
The• AAA i es approv y the Board on fte,ithews3 zjbv ,
as presented or as corrected
TRANSCRIPT PREPARED ON BEHALF OF FORT MYERS
COURT REPORTING BY TERRI LEWIS, FPR, COURT
REPORTER AND NOTARY PUBLIC.
Page 106