BCC Minutes 12/08/2020 RDecember 8, 2020
Page 1
TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, December 8, 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.
Rick LoCastro
Penny Taylor
ALSO PRESENT:
Leo Ochs, County Manager
Nick Casalanguida, Deputy County Manager
Jeffrey A. Klatzkow, County Attorney
Derek Johnssen, Clerk's Office, Director of Finance
Troy Miller, Communications & Customer Relations
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
December 08, 2020
9:00 AM
Commissioner Burt Saunders, District 3 – Chair
Commissioner Andy Solis, District 2 – Vice-Chair
Commissioner Rick LoCastro, District 1
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 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
1.A. Reverend Edward Gleason, Trinity by the Cove Episcopal Church
1.B. Swearing in ceremony of District 1 Commissioner Rick LoCastro; District 3
Commissioner Burt Saunders; and District 5 Commissioner Bill McDaniel.
Swearing in to be administered by Collier County Circuit Judge Joseph G. Foster.
2. AGENDA AND MINUTES
2.A. APPROVAL OF TODAY'S REGULAR, CONSENT AND SUMMARY AGENDA
AS AMENDED (EX PARTE DISCLOSURE PROVIDED BY COMMISSION
MEMBERS FOR CONSENT AGENDA.)
2.B. October 22, 2020 - BCC/Special Mask Order Meeting Minutes
2.C. October 27, 2020 BCC Meeting Minutes
2.D. November 10, 2020 BCC Meeting Minutes
3. AWARDS AND RECOGNITIONS
3.A. EMPLOYEE
3.B. ADVISORY BOARD MEMBERS
3.C. RETIREES
3.D. EMPLOYEE OF THE MONTH
4. PROCLAMATIONS
5. PRESENTATIONS
5.A. Presentation by Marco Island City Manager Mike McNees, recognizing Collier
County's 45th year anniversary as a Manager-Commission form of Government as
part of the Florida City and County Management Association. (All Districts)
6. PUBLIC PETITIONS
6.A. Public Petition request by Mr. Ken Oehler regarding request for sidewalks in Palm
River Estates.
7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE
AGENDA
8. BOARD OF ZONING APPEALS
9. ADVERTISED PUBLIC HEARINGS
9.A. ***This item has been continued from the June 23, 2020 and October 27, 2020 BCC
Meetings. *** 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 Urban
Golden Gate Estates Sub-Element of the Golden Gate Area Master Plan Element
and Urban Golden Gate Estates Future Land Use Map and Map Series by
amending the Estates Mixed-Use District to add the Naples Senior Center
community facility subdistrict to allow construction of up to 30,000 square feet of
community facility uses for family social service programs and activities for seniors
aged 60 and over. The subject property is located on the southeast corner of the
intersection of Oakes Boulevard and Autumn Oaks Lane, approximately 350 feet
south of Immokalee Road, in Section 29, Township 48 South, Range 26 East,
consisting of 8.7± acres; and furthermore, recommending transmittal of the adopted
amendment to the Florida Department of Economic Opportunity; providing for
severability and providing for an effective date. [PL20180002622] (This is a
companion to Agenda Item 9.A) (District 3)
9.B. *** This item has been continued from the June 23, 2020 and October 27, 2020 BCC
Meetings.*** 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 amending Ordinance Number
2004-41, as amended the Collier County Land Development Code, which established
the comprehensive zoning regulations for the unincorporated area of Collier
County, Florida, by amending the appropriate zoning atlas map or maps by
changing the zoning classification of the herein described real property from an
Estates (E) zoning district to a Community Facility Planned Unit Development
(CFPUD) zoning district for the project to be known as Naples Senior Center
CFPUD, to allow up to 30,000 square feet of Individual and Family Social Services
(SIC 8322) for seniors 60 and older, including activity centers for the elderly, adult
day care centers, community centers for senior citizens, senior citizen associations,
family counseling, old age assistance, and outreach programs and for Group
Support Services for the elderly on property located on the southeast corner of the
intersection of Oakes Boulevard and Autumn Oaks Lane, approximately 350 feet
south of Immokalee Road, in Section 29, Township 48 South, Range 26 East,
consisting of 13.6± acres; and by providing an effective date. [PL20180002622] (This
is a companion to Agenda Item 9.B) (District 3)
10. BOARD OF COUNTY COMMISSIONERS
10.A. Recommendation to formalize a Board of County Commissioners position regarding
the potential expansion of the Big Cypress Basin boundary within the South Florida
Water Management District. (Commissioner Solis) (All Districts)
10.B. Recommendation to discuss Board response to the recent developments in the
County Manager Agency. (Commissioner Taylor) (All Districts)
11. COUNTY MANAGER'S REPORT
11.A. Recommendation to Consider the Selection of the New Collier County Public Health
Administrator as Recommended by the State Surgeon General. (Steve Carnell,
Department Head, Public Services Department) (All Districts)
11.B. Recommendation to approve the Sixth Amendment to Agreement No. 17-7198 for
Construction Management at Risk (“CMAR”) contract Phase 2.1 and 2.2A -
Guaranteed Maximum Price (“GMP”) No. 5 for five fields, lakes, road,
infrastructure, and northwest parking lot package to Manhattan Construction
(Florida), Inc., for the next phase of the Sports Complex and Events Center
(“SCEC”) in the amount of $32,998,449. (Nick Casalanguida, Deputy County
Manager) (District 5)
11.C. Recommendation to evaluate options for the Golden Gate Golf Course development
project and provide direction regarding the development of a new Invitation to
Negotiate (“ITN”) or other solicitation to redevelop and operate the golf course
through an agreement with the County. (Geoff Willig, Senior Operations Analyst,
County Manager’s Office) (All Districts)
11.D. Recommendation to enter into two Utility Work by Highway Contractor
Agreements with the Florida Department of Transportation (“FDOT”) to have its
highway contractor complete all necessary utility relocation of existing Collier
County Water-Sewer District utilities during the construction of the FDOT I-75 and
951 Interchange Improvements project and authorize the necessary budget
amendment (Project No. 70229). (Tom Chmelik, Public Utilities Engineering and
Project Management Director) (District 1, District 3, District 5)
11.E. Recommendation to confirm the appointment of Mr. Daniel Rodriguez to the
position of Deputy County Manager. (Leo E. Ochs, Jr., County Manager) (All
Districts)
11.F. Recommendation to confirm the appointment of Mr. James French to the position
of Public Services Department Head. (Leo E. Ochs, Jr., County Manager) (All
Districts)
11.G. Recommendation to provide staff direction on the preferred recruitment strategy to
fill the position of County Manager and authorize the steps necessary to begin the
process. (Leo E. Ochs, Jr., County Manager) (All Districts)
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY
14.A. AIRPORT
14.A.1. Recommendation to approve an agreement pertaining to the award of
Invitation to Bid (“ITB”) No. 20-7784, “Immokalee Regional Airport
Runway 18/36 Rehabilitation,” with Preferred Materials, Inc., in the
amount of $5,887,182.54, and authorize the Chairman to sign the
attached agreement. (District 5)
14.A.2. Recommendation to approve the attached First Amendment to
Agreement No. 19-7558, “Design & Related Services for IMM Runway
Rehabilitation & Taxiway C Extension Projects,” for post design
services in the total amount of $73,744.50, with Hole Montes, Inc.
(District 5)
14.A.3. Recommendation to approve and authorize the Chairman to sign
Agreement No. 20-7726, “CEI Services for Immokalee Regional Airport
Runway 18-36 and Taxiway C,” in the lump sum amount of $795,520
with Atkins North America, Inc. (District 5)
14.A.4. Recommendation to approve and authorize the Chairman to execute the
attached Resolution authorizing execution of Amendment No. 2 to the
Public Transportation Grant Agreement (PTGA) G0Z12 with the
Florida Department of Transportation for additional funding for the
Rehabilitation of Runway 18/36 at the Immokalee Regional Airport.
(District 5)
14.A.5. Recommendation to approve and authorize the Chairman to execute the
attached Resolution authorizing execution of Amendment No. 1 to the
Public Transportation Grant Agreement (PTGA) G1B89 with the
Florida Department of Transportation for additional funding for the
Extension of Taxiway C at the Immokalee Regional Airport and
authorize any necessary budget amendments. (District 5)
14.B. COMMUNITY REDEVELOPMENT AGENCY
14.B.1. Recommendation that the Board of County Commissioners, acting as
the Community Redevelopment Agency Board, review the Public
Petition request from P6NT, LLC regarding the redevelopment of two
parcels located in the Bayshore Gateway Triangle Community
Redevelopment Area. (District 4)
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
15.A. Future Workshop Schedule (All Districts)
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.
16.A. GROWTH MANAGEMENT DEPARTMENT
16.A.1. Recommendation to approve final acceptance of the sewer facilities for
Dolphin Auto Spa, PL20190001604, accept the conveyance of a portion
of the sewer facilities, and authorize the County Manager, or his
designee, to release the Utilities Performance Security (UPS) and Final
Obligation Bond in the total amount of $9,970.22 to the Project Engineer
or the Developer’s designated agent. (District 1)
16.A.2. Recommendation to approve final acceptance and accept the conveyance
of the potable water and sewer utility facilities for Winding Cypress
Phase 3A, PL20180003734, and 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 1)
16.A.3. Recommendation to approve final acceptance of the potable water utility
facilities and accept the conveyance of a portion of the potable water
utility facilities for the Naples Bridge Center, PL20200001199. (District
3)
16.A.4. Recommendation to approve final acceptance and accept the conveyance
of the potable water and sewer utility facilities for Sutton Cay,
PL20190001095 and 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 1)
16.A.5. Recommendation to approve final acceptance of the sewer facilities and
accept the conveyance of the sewer facilities for Fandrich Residence,
PL2020001828. (District 5)
16.A.6. Recommendation to approve final acceptance of the sewer utility
facilities for Springs at Hammock Cove Phase 2 - Sewer Only,
PL20190001609, and authorize the County Manager, or his designee, to
release the Utilities Performance Security (UPS) and Final Obligation
Bond in the total amount of $12,210.68 to the Project Engineer or the
Developer’s designated agent. (District 4)
16.A.7. Recommendation to approve final acceptance of the potable water and
sewer utility facilities for Isola Bella, PL20190000971, and 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 2)
16.A.8. Recommendation to approve final acceptance and accept the conveyance
of the sewer utility facilities for Arboretum, PL20190000973 and
authorize the County Manager, or his designee, to release the Utilities
Performance Security (UPS) and Final Obligation Bond in the total
amount of $45,549.50 to the Project Engineer or the Developer’s
designated agent. (District 4)
16.A.9. Recommendation to approve final acceptance of the potable water and
sewer utility facilities and accept the conveyance of a portion of the
potable water utility facilities for Naples Estates, PL20190001617.
(District 1)
16.A.10. Recommendation to approve final acceptance and accept the conveyance
of the potable water and sewer utility facilities for Azure at Hacienda
Lakes - Phase 1 Replat (Subphases 2-5), PL20190001232, and authorize
the County Manager, or his designee, to release the Final Obligation
Bond in the amount of $4,000 to the Project Engineer or the Developer’s
designated agent. (District 1)
16.A.11. Recommendation to approve final acceptance and accept the conveyance
of the potable water and sewer utility facilities for Azure at Hacienda
Lakes - Phase 2A1, PL20190001367, and 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 1)
16.A.12. Recommendation to approve final acceptance of the potable water and
sewer utility facilities and accept the conveyance of a portion of the
potable water and sewer utility facilities for EMS 25 Hacienda Lakes,
PL20200001251. (District 1)
16.A.13. Recommendation to approve a Resolution for final acceptance of the
private roadway and drainage improvements, and acceptance of the plat
dedications, for the final plat of Artesia Naples, Phase 3,
PL20130002538, and authorize the release of the maintenance security.
(District 1)
16.A.14. Recommendation to approve a Resolution for final acceptance of the
private roadway and drainage improvements, and acceptance of the plat
dedications, for the final plat of Artesia Naples, Phase 4,
PL20140002472, and authorize the release of the maintenance security.
(District 1)
16.A.15. Recommendation to approve a Resolution for final acceptance of the
private roadway and drainage improvements, and acceptance of the plat
dedications, for the final plat of Bent Creek Preserve, Phase 2A,
PL20170001771 and PL20180000294, and authorize the release of the
maintenance security. (District 5)
16.A.16. Recommendation to approve a Resolution for final acceptance of the
private roadway and drainage improvements, and acceptance of the plat
dedications, for the final plat of Raffia Preserve - Phase 1,
PL20130000232, and authorize the release of the maintenance security.
(District 3)
16.A.17. Recommendation to approve a Resolution for final acceptance of the
private roadway and drainage improvements, and acceptance of the plat
dedications, for the final plat of Raffia Preserve - Phase 3,
PL20140000592, and authorize the release of the maintenance security.
(District 3)
16.A.18. Recommendation to approve a Resolution for final acceptance of the
private roadway and drainage improvements, and acceptance of the plat
dedications, for the final plat of Raffia Preserve - Phase 4,
PL20150002153, and authorize the release of the maintenance security.
(District 3)
16.A.19. 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 Addison Place Commercial, PL20200001237, approval of the
standard form Construction and Maintenance Agreement and approval
of the amount of the performance security. (District 3)
16.A.20. 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 Caymas Phase One, PL20200000171, approval of the
standard form Construction and Maintenance Agreement and approval
of the amount of the performance security. (District 1)
16.A.21. 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 Tree Farm PL20180003592, approval of the standard form
Construction and Maintenance Agreement and approval of the amount
of the performance security. (District 3)
16.A.22. 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 Maple Ridge at Ave Maria, Phase 6C, PL20200001634,
approval of the standard form Construction and Maintenance
Agreement and approval of the amount of the performance security.
(District 5)
16.A.23. 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 Del Webb Naples Parcel 111, PL20200001217, approval of
the standard form Construction and Maintenance Agreement and
approval of the amount of the performance security. (District 5)
16.A.24. Recommendation to adopt a Resolution to hold a public hearing to
consider vacating Gulf Shore Court, the 20-foot alley in Block “D” and a
portion of Center Street, all part of the plat of Vanderbilt Beach Center,
Plat Book 3, Page 16 of the Public Records of Collier County, Florida, as
part of the application for the One Naples project. The vacation will be
heard as a companion item to the One Naples application. The subject
Right-of-Ways are located in the northeast quadrant of the intersection
of Gulf Shore Drive and Vanderbilt Beach Road in Section 32, Township
48 South, Range 25 East, Collier County, Florida. (PL20200000368)
(District 2)
16.A.25. Recommendation to approve the Second Amendment to Agreement 17-
7158 "Purchase and Delivery of Aggregates" with Grippo Pavement
Maintenance Inc. (All Districts)
16.A.26. Recommendation to approve final acceptance of the potable water and
sewer utility facilities for Esplanade Golf & Country Club of Naples –
Culinary Center, PL20190000064, and authorize the County Manager,
or his designee, to release the Utilities Performance Security (UPS) and
Final Obligation Bond in the total amount of $13,464.50 to the Project
Engineer or the Developer’s designated agent. (District 3)
16.A.27. Recommendation to approve final acceptance and accept the conveyance
of the potable water and sewer utility facilities for Esplanade Golf &
Country Club of Naples – Phase 5, Parcels K3 and K4, PL20190000443,
and 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)
16.A.28. Recommendation to hear a Land Development Code Amendment at two
regularly scheduled daytime hearings and waive the nighttime hearing
requirement. (District 3)
16.A.29. Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of $364,865 which was posted as a
guaranty for the restoration of the over-excavated portion of Sabal Palm
Quarry associated with Excavation Permit No.'s 59.201 and 59.204,
PL20110001386. (District 1)
16.A.30. Recommendation to approve a Purchase Agreement for the purchase of
land (Parcel 109FEE) required for the Vanderbilt Beach Road Extension
(Project No. 60168). (District 5)
16.A.31. Recommendation to approve an agreement for the purchase of two road
right-of-way, drainage, and utility easements (Parcels 104RDUE and
107RDUE) and a temporary construction easement (Parcel 107TCE)
required for construction of roadway and related improvements for the
Whippoorwill Lane and Marbella Lakes Drive Connection (Project No.
60219). (All Districts)
16.A.32. Recommendation to approve Change Order # 15 to Contract 11-5626
“One Hundred (100) Year Flood Elevations for Five (5) Basins in Collier
County” project with Tomasello Consulting Engineers, Inc., (TCE) in
the amount of $88,000 for the retroactive and ongoing update of the
Federal Emergency Management Agency (FEMA) Digital Flood
Insurance Rate Map (DFIRM) and extend the time of completion by an
additional 365 days. (All Districts)
16.A.33. Recommendation to approve the final ranking of design-build firms and
to commence negotiations with the top-ranked team, Quality Enterprises
USA, Inc., / Agnoli Barber & Brundage, Inc., for Request for
Professional Services (“RPS”) No. 20-7735, Design-Build Whippoorwill
Lane Marbella Lakes Drive Connection. (Project No. 60219 (District 4)
16.A.34. Recommendation to award Request for Professional Services (“RPS”)
No. 19-7663R, “Naples Manor Stormwater Improvements Preliminary
Engineering Study” (Project No. 33649), to Kisinger Campo &
Associates, Corp., d/b/a KCA, in an amount not to exceed $79,927, and
authorize the Chairman to sign the attached agreement. (District 1)
16.A.35. Recommendation to hear two Land Development Code Amendments at
two regularly scheduled daytime hearings and waive the nighttime
hearing requirement. (All Districts)
16.A.36. Recommendation to award Agreement No. 20-7795R, Design Criteria
for TIGER IX Grant Project (Immokalee Complete Streets), to Capital
Consulting Solutions, LLC for $728,814.50, and authorize the Chairman
to sign the attached agreement and approve the necessary budget
amendments (Project No. 33563). (District 5)
16.A.37. Recommendation to adopt a Resolution amending Resolution 2009-302,
as amended, relating to the Stewardship Sending Area with a
designation as “BCI/BCP/SI SSA 13”; approving the extension of certain
dates to December 15, 2022, in the Stewardship Sending Area credit
agreement for BCI/BCP/SI SSA 13 and the Escrow agreement for
BCI/BCP/SI SSA 13. (District 5)
16.A.38. Recommendation to award Agreement No. 20-7713, pertaining to
Request for Professional Services (“RPS”) No. 20-7713, "Engineering
Design Services for Lake Trafford Stormwater Improvements and
Water Treatment Facility,” to GHD Services, Inc., in the amount of
$753,646.88, and approve required budget amendments. (Project No.
60143) (District 5)
16.A.39. Recommendation to approve the release of two code enforcement liens,
with an accrued value of $431,700.23 for payment of $46,270.60 in the
code enforcement actions titled, Board of County Commissioners v. Iris
Labrie, relating to property located at 266 6th St W., Collier County,
Florida. (District 2)
16.A.40. Recommendation to seek approval for the submission of a Safe Routes to
School (SRTS) application with the Florida Department of
Transportation to fund the design and construction of a sidewalk along
31st Pl. SW, 31st Ave. SW, 45th St. SW, and 44th Ter. SW to Lavern
Gaynor Elementary School, in the amount of $923,364.38. (District 3)
16.A.41. Recommendation to approve the release of a code enforcement lien, with
an accrued value of $421,130.29 for payment of $2,000 in the code
enforcement action titled Board of County Commissioners v. Paul A.
and Cathleen T. Burcky, relating to property located at 4425 North
Road, Collier County, Florida. (District 4)
16.A.42. Recommendation to approve the partial release of a code enforcement
lien with an accrued value of $212,426.17, for payment of $3,500, in the
code enforcement action entitled Board of County Commissioners v.
Jeffrey Gallucci, Deborah L. Gallucci and Mary P. Stevens, Code
Enforcement Board Case No. CESD20140006864, relating to properties
known as 41 Henderson Dr. and 3 Creek Cir., Collier County, Florida.
(District 1)
16.A.43. Recommendation to approve the release of two code enforcement liens,
with an accrued value of $192,250, for payment of $3,800 in the code
enforcement action titled, Board of County Commissioners v. George J.
Sorbara and Jennifer Tarvin Sorbara, related to property located at 151
Burning Tree Drive, Collier County, Florida. (District 4)
16.A.44. Recommendation to award Agreement No. 20-7710 to Atkins North
America, Inc., pertaining to Request for Professional Services (“RPS”)
No. 20-7710, “Surveying and Mapping, Environmental Evaluation, and
Preliminary Engineering Design for Restoration of Plantation Island
Waterways,” in the amount of $423,404. (District 5)
16.A.45. Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of $94,500 which was posted as a
guaranty for Excavation Permit Number PL20180003067 for work
associated with Countryside Golf & Country Club. (District 4)
16.A.46. Recommendation to accept maintenance of the Bridge over the
Cocahatchee Canal and connected roadway at Logan Boulevard &
Immokalee Road, as depicted on the attached map, for the perpetual use
by the public. (District 3)
16.A.47. Recommendation to approve the Developer Agreement with WPPI
Naples TF LLC and TBC Tree Farm I, LLC that will allow for the
design, right-of-way and construction of intersection improvements on
Collier Boulevard Extension at the future Government Center
Complex/Tree Farm Planned Unit Development entrance and cost
sharing and reimbursement plan. (District 2)
16.A.48. 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 City Gate Commerce Park Phase Three Replat No. 4,
PL20200002078, approval of the standard form Construction and
Maintenance Agreement and approval of the amount of the performance
security. (District 5)
16.B. COMMUNITY REDEVELOPMENT AGENCY
16.B.1. Recommendation that the Board of County Commissioners, acting as
the Community Redevelopment Agency Board (CRA), approve a four-
month extension of the project completion date set forth in the
Commercial Building Improvement Grant (CBIG) Agreement between
the CRA and Kurgis 1996 Irrevocable Trust for the property located at
6023 Bayshore Drive, Naples, Florida 34112 located within the Bayshore
Gateway Triangle Community Redevelopment Area. (District 4)
16.C. PUBLIC UTILITIES DEPARTMENT
16.C.1. Recommendation to approve the Easement Agreement with DH
SQUARED PROPERTIES, LLC, a Florida limited liability company, at
a cost not to exceed $3,000 for the acquisition of a Utility Easement for
proposed water and wastewater infrastructure improvements, (Project
No. 70240). (District 4)
16.C.2. Recommendation to approve a Resolution removing uncollectible
accounts receivable and their respective balances from the financial
records of Collier County Public Utilities Department in the amount of
$11,314.91. (All Districts)
16.C.3. Recommendation to award Invitation to Bid (“ITB”) No. 20-7774,
Livingston Rd 24” Force Main – Phase 6B-C, to PWC Joint Venture,
LLC, for a total contract amount of $889,000, and authorize the
Chairman to sign the attached agreement, (Project No. 72009). (District
4)
16.C.4. Recommendation to approve the award of Request for Quote (“RFQ”)
No. 20-7734, for Answering Service, to Ansafone Contact Centers LLC.
(All Districts)
16.C.5. Recommendation to approve Amendments to Contract No. 14-6213,
“Underground Utility Contracting,” requesting approval for a six month
extension to contracts with Quality Enterprises USA, Inc., Kyle
Construction, Inc., Southwest Utility Systems, Inc., Douglas N. Higgins,
Inc., Haskins Inc., and Mitchell & Stark Construction Co., Inc. (All
Districts)
16.C.6. Recommendation to approve the selection committee’s ranking and
authorize staff to begin contract negotiations with the top ranked firm
ADG Architecture, LLC, concerning Request for Professional Services
(“RPS”) # 20-7749, “Design Services for the Domestic Animal Services
Facility,” so a proposed agreement can be brought back for the Board’s
consideration at a future meeting. (District 5)
16.C.7. Recommendation to approve Change Order Number One (1) to Request
for Quotation # 20-8109, “Government Operations Business Park
(GOBP) Fill Management,” under Agreement No. 19-7525, Annual
Agreement for General Contractor Services for $155,991.76 to the
purchase order. (All Districts)
16.C.8. Recommendation to approve attached Change Order Number Two to
the “Collier County Jail (J1) Kitchen Replacement and Safety
Upgrades” Invitation to Bid No. 20-7696-ST, with SDP, Inc. d/b/a SDP-
Consultants Corp., to extend the Construction Agreement’s time by sixty
(60) days. (All Districts)
16.C.9. Recommendation to approve a $486,230 work order under a Request
For Quotation for Contract 14-6213 to Douglas N. Higgins, Inc., and to
authorize the necessary budget amendment, for the South County
Regional Water Treatment Plant Chlorine Storage Building
Improvements (Project 70136). (All Districts)
16.C.10. Recommendation to approve the County’s standard donation agreement
with a provision allowing for the payment of attorney’s fees to review
the associated standard form easement documents pertaining to the
donation of additional easement area for pump station 309.08. (District
4)
16.C.11. Recommendation to adopt a Resolution and to approve a Collier County
Standard Form Long-Term Lease Not-For-Profit Entity with Collier
County Senior Resource Center, Inc. (District 3)
16.C.12. Recommendation to approve a Fifth Amendment to Agreement with GC
II, LLC, to extend the closing date from December 1, 2020 to May 17,
2021, for the purchase of 1.75 acres previously approved to provide
additional parking at Collier County Sports Complex and Event Center
at a cost not to exceed $415,800. (District 5)
16.C.13. Recommendation to approve a Second Amendment to Lease Agreement
with Alpert Tower, LLC, to reflect the changes to County-owned
equipment on the tower, and for the continued presence on the
communications tower for the Public Safety Radio System. (District 5)
16.C.14. Recommendation to authorize the insourcing of Project Construction
Management and Field Observation services (PCM&FO), with
projected savings of $7.2 Million, by eliminating four (4) contracted
positions, creating nine (9) Full-time Equivalent positions, purchasing
four (4) vehicles and ancillary equipment, and to authorize any
necessary Budget Amendments. (All Districts)
16.D. PUBLIC SERVICES DEPARTMENT
16.D.1. Recommendation to approve the Conservation Collier Logan Woods
Preserve Final Management Plan 10-year update under the
Conservation Collier Program. (District 3)
16.D.2. Recommendation to approve the Red Root Preserve Final Management
Plan 10-year update under the Conservation Collier Program. (District
5)
16.D.3. Recommendation to approve the Alligator Flag Preserve Final
Management Plan 10-year update under the Conservation Collier
Program. (District 5)
16.D.4. Recommendation to approve and authorize the Chairman to sign the
Memorandum of Understanding between Collier County and Cypress
Cove Landkeepers, Inc., regarding the Dr. Robert H. Gore III preserve
under the Conservation Collier Program. (All Districts)
16.D.5. Recommendation to approve the Conservation Collier Cocohatchee
Creek Preserve Final Management Plan 10-year update under the
Conservation Collier Program. (District 2)
16.D.6. Recommendation to approve the fourth extension of the Interim
Management Plan for the Conservation Collier Winchester Head Multi-
Parcel Project. (District 5)
16.D.7. Recommendation to approve an “After-the-Fact” amendment and an
attestation statement with Area Agency on Aging for Southwest Florida,
Inc., for the Emergency Home Energy Assistance Program to amend
and increase the combined energy crisis benefit assistance amount to
$3,500 and revise the attachments to conform to this amendment. (All
Districts)
16.D.8. Recommendation to approve the electronic submittal of a Partners for
Fish and Wildlife Program Landowner grant proposal for $15,000 to the
U.S. Fish and Wildlife Service for fish and wildlife habitat restoration at
McIlvane Marsh Preserve. (All Districts)
16.D.9. Recommendation to approve and authorize the Chairman to sign five (5)
mortgage satisfactions for the State Housing Initiatives Partnership loan
program in the amount of $76,521 and the associated Budget
Amendment. (All Districts)
16.D.10. Recommendation to approve the Collier County Consolidated Annual
Performance and Evaluation Report for U.S. Department of Housing
and Urban Development for Community Development Block Grant,
HOME Investment Partnership, and Emergency Solutions Grant for
Fiscal Year 2019-2020 as required; approve the Consolidated Annual
Performance and Evaluation Report Resolution, and authorize the
Chairman to certify the Consolidated Annual Performance and
Evaluation Report for submission to U.S. Department of Housing and
Urban Development. (All Districts)
16.D.11. Recommendation to authorize two (2) Budget Amendments recognizing
State Housing Initiatives Partnership Program Income, $7,414.89 for
Program Year 2019/2020 and $31,900.90 for Program Year 2020/2021.
(All Districts)
16.D.12. Recommendation to approve the Collier Area Transit Park and Ride
Study. (All Districts)
16.D.13. Recommendation to recognize the Collier County Parks and Recreation
Division for earning their fourth National Recreation and Park
Association Accreditation in Parks and Recreation as part of the
Commission for Accreditation of Park and Recreation Agencies. (All
Districts)
16.D.14. Recommendation to authorize the necessary Budget Amendments to
reflect the estimated funding for Calendar Year 2021 Older Americans
Act Programs in the amount of $1,294,873.94 and the estimated cash
match of $104,406.23. The vendor also provides an estimated match in
the amount of $33,721.03. (All Districts)
16.D.15. Recommendation to approve the submission of grant applications to the
Florida Department of Transportation for the Federal Transit
Administration Programs 5310, 5311, and 5339 Rural for FY2021/2022
and approve the associated Resolutions to support transit operations and
system capital improvements. (All Districts)
16.D.16. Recommendation to waive the requirement that services be
unduplicated and allow the full final quarterly payment to the David
Lawrence Center for FY20 due to unforeseen COVID impacts resulting
in a decrease in unduplicated client served and reduced prevention units
provided. (All Districts)
16.D.17. Recommendation to approve necessary Budget Amendments to align
personal services costs in the proper funds and cost centers within the
Public Services Department budget following a County Manager
approved internal reorganization. (All Districts)
16.D.18. Recommendation to waive the formal application process for funding
and activities related to COVID-19 CDBG-CV Round 3 activities for
those impacted by the Coronavirus pandemic and make conditional
awards to fund a permanent food storage facility for St. Matthew’s
House to operate a food bank in the amount of $1,000,000, and fund a
COVID case management system for Collier Health Services, Inc., in
the amount of $950,000. (All Districts)
16.E. ADMINISTRATIVE SERVICES DEPARTMENT
16.E.1. Recommendation to approve an amendment the Group Health Plan to
permit new members to be enrolled in the Premium coverage level as of
the first day of coverage eligibility. (All Districts)
16.E.2. Recommendation to award Invitation to Bid (ITB) No. 20-7759R
“Closed Captioning Services,” to Azur Cart & Captioning, LLC. (All
Districts)
16.E.3. Recommendation to approve the administrative report prepared by the
Procurement Services Division for disposal of property and notification
of revenue disbursement. (All Districts)
16.E.4. Recommendation to approve the administrative reports prepared by the
Procurement Services Division for change orders and other contractual
modifications requiring Board approval. (All Districts)
16.E.5. Recommendation to award Invitation to Bid ("ITB") #20-7780, “Fleet
Vehicle and Equipment Maintenance and Repair Services,” to ETR,
LLC., and Dobbs Equipment, LLC. (All Districts)
16.E.6. Recommendation to award Invitation to Bid (“ITB”) No. 20-7813 for the
purchase of a box truck with liftgate in the amount of $85,793. (All
Districts)
16.F. COUNTY MANAGER OPERATIONS
16.F.1. Recommendation to authorize expenditure of Tourist Development Tax
funds for the Clam Pass Maintenance Excavation project in the amount
of $123,149.40 for construction and associated engineering, surveying,
monitoring, and permitting, and make a finding that this item promotes
tourism (All Districts)
16.F.2. Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the FY 20-21 Adopted Budget. (All Districts)
16.F.3. Recommendation to award Request for Proposal (“RFP”) No. 19-7648,
“Internal Control Software,” to Comensure LLC, formerly known as
Ignite Software Holdings LLC, and authorize the Chairman to sign the
attached agreement. (All Districts)
16.G. AIRPORT AUTHORITY
16.G.1. Recommendation that the Board of County Commissioners, acting as
the Airport Authority, adopts the attached Resolution approving the
proposed rate schedules for the Everglades Airpark, Immokalee
Regional Airport and Marco Island Executive Airport for 2021. (District
1, District 5)
16.G.2. Recommendation to authorize a budget amendment to transfer $61,000
within Airport Operating Fund (495) from Reserves to Marco Island
Executive Airport Cost Center (192370) to acquire airport equipment.
(District 1)
16.H. BOARD OF COUNTY COMMISSIONERS
16.H.1. Recommendation to direct the County Attorney to advertise and bring
back for a public hearing an ordinance reestablishing the County
Government Productivity Committee. (All Districts)
16.H.2. Proclamation recognizing The Royal Seafarer Condominium
Apartments of Marco Island, Inc. 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 Patty Burke, Property Manager of
The Royal Seafarer.
16.H.3. Proclamation designating January 9 - 17, 2021 as Kindness Awareness
Week in Collier County. The proclamation will be hand delivered to
Bob Votruba, organizer of the annual "One Million Acts of Kindness"
campaign.
16.H.4. Proclamation - Recognizing the Infrastructure Surtax Citizen Oversight
Committees contribution to transparency; through their review of the
expenditures and use of Infrastructure Sales Surtax revenue
16.I. MISCELLANEOUS CORRESPONDENCE
16.I.1. Miscellaneous Correspondence (All Districts)
16.J. OTHER CONSTITUTIONAL OFFICERS
16.J.1. Report to the Board regarding the investment of County funds as of the
quarter ended September 30, 2020. (All Districts)
16.J.2. Recommendation to accept the Clerk’s report indicating no interest paid
pursuant to Florida Statute 218.78 for the fiscal year ended September
30, 2020. (All Districts)
16.J.3. Board ratification of the purchasing card transactions and invoices
payable approved and determined to have a valid public purpose by the
County Manager during the Board’s scheduled recess. (In Absentia
Meeting dated November 24, 2020) (All Districts) (All Districts)
16.J.4. Board ratification and recording 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 October 29, 2020 and November 11, 2020
pursuant to Florida Statute 136.06 that were approved by the County
Manager during the Board’s scheduled recess. (In Absentia Meeting
dated November 24, 2020) (All Districts) (All Districts)
16.J.5. 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 November 12, 2020 and November 25, 2020 pursuant to Florida
Statute 136.06 (All Districts)
16.J.6. Request that the Board approve and determine valid public purpose for
invoices payable and purchasing card transactions as of December 2,
2020. (All Districts)
16.K. COUNTY ATTORNEY
16.K.1. Recommendation to appoint a member to the Tourist Development
Council. (All Districts)
16.K.2. Recommendation to reappoint five members to the Development
Services Advisory Committee. (All Districts)
16.K.3. Recommendation to reappoint two members to the Golden Gate
Community Center Advisory Board. (District 3)
16.K.4. Recommendation to appoint three members to the Library Advisory
Board. (All Districts)
16.K.5. Recommendation to approve and authorize the Chairman to sign a
Satisfaction and Release of Claim acknowledging full payment for water
and sewer services in the amount of $170.20 for filing with the Probate
Division. (All Districts)
16.K.6. Recommendation to approve and authorize the Chairman to sign a
partial Settlement Agreement in the lawsuit pending as Board of County
Commissioners of Collier County, Florida v. Certain Underwriters at
Lloyd’s of London, et al; Case No. 18-CA-2727 now pending in the 20th
Judicial Circuit in Collier County, whereby the County will receive
$2,425,000 to settle its claims against the Insurer Defendants. (All
Districts)
16.K.7. Recommendation to approve and authorize the Chair to execute a
Settlement Agreement in the lawsuit styled Nick Colaric v. Collier
County Board of Commissioners, (Case No. 19-CA-4253), now pending
in the Circuit Court of the Twentieth Judicial Circuit in and for Collier
County, Florida, for the sum of $9,000. (All Districts)
17. SUMMARY AGENDA
This section is for advertised public hearings and must meet the following criteria: 1) A
recommendation for approval from staff; 2) Unanimous recommendation for approval by the
Collier County Planning Commission or other authorizing agencies of all members present and
voting; 3) No written or oral objections to the item received by staff, the Collier County
Planning Commission, other authorizing agencies or the Board, prior to the commencement of
the BCC meeting on which the items are scheduled to be heard; and 4) No individuals are
registered to speak in opposition to the item. For those items which are quasi-judicial in nature,
all participants must be sworn in.
17.A. 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 PL20200001888, to disclaim, renounce and
vacate the County, Collier County Water-Sewer District, and the public interest in a
portion of the Utility Easement, as recorded in Official Record Book 5653, Page
2811 of the public records of Collier County, Florida, located in the Northeast
quadrant of Immokalee Road (C.R. 846) and Collier Boulevard (C.R. 951) in
Section 23, Township 48 South, Range 26 East, Collier County, Florida. (District 3)
17.B. Recommendation to adopt a resolution approving amendments (appropriating
carry forward, transfers and supplemental revenue) to the Fiscal Year 20-21
Adopted Budget. (All Districts)
17.C. Recommendation to amend Ordinance No. 2002-52, as amended, which established
the Immokalee Beautification Advisory Committee, to increase the number of seats
from five to seven members and further define membership requirements. (District
5)
17.D. Recommendation to enact an ordinance replacing Ordinance 2015-36, as amended,
that formally adopts the Florida Building Code, Seventh Edition (2020), adds
certain local exceptions and amendments to the Florida Building Code, and
incorporates current local wind zone maps. (All Districts)
17.E. Recommendation to approve a resolution designating the Close-Out of the adopted
Napoli Village Commercial Planned Unit Development (CPUD) which has fully
completed development pursuant to its development orders constructing up to the
authorized density and/or intensity and has been found by county staff to be
compliant with its specific developer commitments. (District 2)
17.F. Recommend the Board to approve an ordinance amending Collier County
Ordinance No. 2006-56, the Rock Road Improvement Municipal Service Taxing
Unit (MSTU), to amend the geographical boundaries of the MSTU to remove
properties that have been subdivided and developed into a residential community
and no longer derive benefit from the MSTU. (District 5)
18. ADJOURN
Inquiries concerning changes to the Board’s Agenda should be made to the County Manager’s Office at
252-8383.
December 8, 2020
Page 2
CHAIRMAN SAUNDERS: Ladies and gentlemen, the meeting
of the County Commission will please come to order.
We're start off with our invocation. We have Reverend Edward
Gleason, Trinity by the Cove Episcopal Church, with us this
morning. Thank you for getting us off to a good start.
Item #1A
INVOCATION AND PLEDGE OF ALLEGIANCE
REVEREND GLEASON: All Mighty God, teach our people to
rely on your strength and to accept their responsibilities to their
fellow citizens; that they may elect trustworthy leaders and to make
wise decisions for the well-being of our society; that we may
faithfully serve you in our generation and honor your holy name, and
we pray you send down upon those who hold office in this county the
spirit of wisdom, charity, and justice; that with steadfast purpose,
they may faithfully serve in their offices to promote the well-being of
all people.
We offer these, our petitions and desires, through your holy
name. Amen.
CHAIRMAN SAUNDERS: We'll ask our newest member to
lead us in the Pledge. Commissioner LoCastro.
(The Pledge of Allegiance was recited in unison.)
Item #1B
SWEARING IN CEREMONY OF DISTRICT 1 COMMISSIONER
RICK LOCASTRO; DISTRICT 3 COMMISSIONER BURT
SAUNDERS; AND DISTRICT 5 COMMISSIONER BILL
December 8, 2020
Page 3
MCDANIEL. SWEARING IN ADMINISTERED BY COLLIER
COUNTY CIRCUIT JUDGE JOSEPH G. FOSTER
CHAIRMAN SAUNDERS: Our first order of business this
morning, three of us were re-elected or elected as commissioners in
this election cycle. We have with us Circuit Judge Joe Foster. He's
going to administer the oath. And what we're going to do -- a little
different than usual, but we're going to stay here at the dais. The
judge will swear all three of us in at the same time.
Your Honor. And thank you for helping us out this morning.
JUDGE FOSTER: It is my pleasure to be here. We're going to
be swearing in District 1 Commissioner Rick LoCastro, District 3
Commissioner Burt Saunders, and District 5 Commissioner Bill
McDaniel.
Gentlemen, if you'd please raise your right hand and repeat after
me. I do solemnly swear or affirm.
COMMISSIONER LoCASTRO: I do solemnly swear or affirm.
CHAIRMAN SAUNDERS: I do solemnly swear or affirm.
COMMISSIONER McDANIEL: I do solemnly swear or affirm.
JUDGE FOSTER: That I will support, protect, and defend.
COMMISSIONER LoCASTRO: That I will support, protect,
and defend.
CHAIRMAN SAUNDERS: That I will support, protect, and
defend.
COMMISSIONER McDANIEL: That I will support, protect,
and defend.
JUDGE FOSTER: The constitution and government of the
United States.
COMMISSIONER LoCASTRO: The constitution and
government of the United States.
CHAIRMAN SAUNDERS: The constitution and government
December 8, 2020
Page 4
of the United States.
COMMISSIONER McDANIEL: The constitution and
government of the United States.
JUDGE FOSTER: And of the state of Florida.
COMMISSIONER LoCASTRO: And of the state of Florida.
CHAIRMAN SAUNDERS: And of the state of Florida.
COMMISSIONER McDANIEL: And of the state of Florida.
JUDGE FOSTER: That I am duly qualified to hold office.
COMMISSIONER LoCASTRO: That I am duly qualified to
hold office.
CHAIRMAN SAUNDERS: That I am duly qualified to hold
office.
COMMISSIONER McDANIEL: That I am duly qualified to
hold office.
JUDGE FOSTER: Under the constitution of the state.
COMMISSIONER LoCASTRO: Under the constitution of the
state.
CHAIRMAN SAUNDERS: Under the constitution of the state.
COMMISSIONER McDANIEL: Under the constitution of the
state.
JUDGE FOSTER: And that I will well and faithfully perform.
COMMISSIONER LoCASTRO: And that I will well and
faithfully perform.
CHAIRMAN SAUNDERS: And that I will well and faithfully
perform.
COMMISSIONER McDANIEL: And that I will well and
faithfully perform.
JUDGE FOSTER: The duties of Collier County Commissioner.
COMMISSIONER LoCASTRO: The duties of Collier County
Commissioner.
CHAIRMAN SAUNDERS: The duties of Collier County
December 8, 2020
Page 5
Commissioner.
COMMISSIONER McDANIEL: The duties of Collier County
Commissioner.
JUDGE FOSTER: On which I am now about to enter.
COMMISSIONER LoCASTRO: On which I am now about to
enter.
CHAIRMAN SAUNDERS: On which I am now about to enter.
COMMISSIONER McDANIEL: On which I am now about to
enter.
JUDGE FOSTER: So help me God.
COMMISSIONER LoCASTRO: So help me God.
CHAIRMAN SAUNDERS: So help me God.
COMMISSIONER McDANIEL: So help me God.
JUDGE FOSTER: Graduations, gentlemen.
(Applause.)
CHAIRMAN SAUNDERS: Your Honor, thank you very much
for being with us this morning.
JUDGE FOSTER: It's my privilege.
CHAIRMAN SAUNDERS: Well, let me be the first on the dais
here to welcome Commissioner LoCastro.
COMMISSIONER LoCASTRO: Thank you.
CHAIRMAN SAUNDERS: It's a pleasure having you here with
us. And we know you'll be a great addition. And we're looking
forward to your comments and your thoughts in helping us get
through a lot of difficult issues.
COMMISSIONER LoCASTRO: Yes, sir.
CHAIRMAN SAUNDERS: A few of which we'll have today.
COMMISSIONER LoCASTRO: My pleasure. It's a great
honor.
Item #2A
December 8, 2020
Page 6
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
CHAIRMAN SAUNDERS: We'll move on to Item 2A, which
is the issue of approval of the agenda and the consent agenda. We do
have changes.
MR. OCHS: Good morning, Mr. Chair. If I could take the
Board through some of the proposed agenda changes for this
morning's meeting, sir.
CHAIRMAN SAUNDERS: Yes, sir.
MR. OCHS: These are the proposed agenda changes for the
Board of County Commissioners' meeting of December 8, 2020.
The first proposed change is to hear Item 11A immediately following
Item 7 this morning, which is your public comments on general
topics. That's a staff request in order to allow the people from the
State of Florida Department of Health to get their business transacted
and get them back to Tallahassee.
Then on Item 14B1, we have a request from Commissioner
Taylor to hear that at a time certain. That item, Mr. Chairman, has
been set to be heard no sooner than 1:00 p.m.
I have two agenda notes. The first is that Item 17A has been
moved from your summary agenda to become Item 16A49 on your
Growth Management Department consent agenda. This was
inadvertently put under advertised public hearings when it didn't need
to be an advertised public hearing, so it went back to your consent
agenda. It was an item approving a vacation of the public's interest in
a portion of a utility easement.
And the final note is the County Attorney has made a revision –
or included a revision in Items 11E and 11F as listed on your change
December 8, 2020
Page 7
sheet.
Those are all the changes that I have at this time, Mr. Chairman.
CHAIRMAN SAUNDERS: All right. There were some issues
that our Clerk, Ms. Kinzel, had raised. I believe she's okay with the
agenda as-is.
MR. JOHNSSEN: (Nods head.)
CHAIRMAN SAUNDERS: I see her representative nodding his
head in the back.
Okay. We'll start off with Commissioner McDaniel. Do you
have any changes or additions to the agenda?
COMMISSIONER McDANIEL: And ex parte as well?
CHAIRMAN SAUNDERS: And ex parte as well.
COMMISSIONER McDANIEL: I have no ex parte to claim.
And I do want to suggest that we continue -- I didn't have a chance to
speak with our County Manager yesterday, but I'd like to suggest that
we continue Item 16A44 for -- until our first meeting in January just
to have a discussion that that's a consulting firm that we're having
issues with with the county.
COMMISSIONER TAYLOR: Atkins.
COMMISSIONER McDANIEL: Yes. And I'd like to -- if it's
plausible, I'd like to continue that for one month and have us have a
discussion about some policy that we might look at to help us along
the way.
CHAIRMAN SAUNDERS: Let me see if there's any objection
to that being continued.
COMMISSIONER TAYLOR: If it's -- because they're involved
in many more items in this particular meeting, is it your concern is
just specifically the development in your -- in your district?
COMMISSIONER McDANIEL: No. It's my -- it's my concern
that we, as an organization, don't have necessarily a policy from a
contractual standpoint, and I would like to explore it and maybe
December 8, 2020
Page 8
development some policies so that we don't continue to --
CHAIRMAN SAUNDERS: The only item that we're on is
16A44. There's a request to continue.
COMMISSIONER McDANIEL: That's right.
CHAIRMAN SAUNDERS: Is there any objection to that being
continued, as requested, to the next meeting in January?
COMMISSIONER TAYLOR: My concern is the fact that
this -- if it is specifically about the engineering firm in question, it
is -- that name is woven through this --
CHAIRMAN SAUNDERS: When we get to those other items,
we can deal with that. Right now we're on that one item. So is there
an objection to continuing that one item?
COMMISSIONER TAYLOR: No.
COMMISSIONER SOLIS: I'm sorry. Go ahead.
COMMISSIONER LoCASTRO: No, I have no objection.
COMMISSIONER SOLIS: Is there any concern from the
Manager's standpoint that this is an item that --
MR. OCHS: No, sir. We can continue that.
COMMISSIONER SOLIS: No time-sensitive nature here?
Okay.
MR. OCHS: No, sir.
COMMISSIONER SOLIS: All right. Then I have no objection.
CHAIRMAN SAUNDERS: All right. We do have one public
comment on the consent agenda. We'll do that before we take the
motion to approve the consent agenda with that change.
COMMISSIONER McDANIEL: And after that, I have nothing
else. Thank you.
CHAIRMAN SAUNDERS: Commissioner Taylor.
COMMISSIONER TAYLOR: No changes and no ex parte at
this time.
CHAIRMAN SAUNDERS: Commissioner Solis?
December 8, 2020
Page 9
COMMISSIONER SOLIS: No changes and nothing to disclose
on the consent or summary agenda.
COMMISSIONER LoCASTRO: Same. No changes, nothing to
disclose.
CHAIRMAN SAUNDERS: On Item 16A24, that is a vacation
of an easement. I'd like to have that continued to coincide with when
we have the hearing on the One Naples project. Am I --
MR. OCHS: Yeah. Mr. Chairman, just a clarification; that is
already listed to be heard as a companion item to the One Naples.
CHAIRMAN SAUNDERS: Okay.
MR. OCHS: This is the resolution that would allow us to
publish the public hearing notice for this --
CHAIRMAN SAUNDERS: All right. As long as we're not
hearing that. Okay. Understood.
MR. OCHS: You're not approving the item today.
CHAIRMAN SAUNDERS: Then I have no other changes and
no ex parte as well. All right. We do have one speaker --
MR. MILLER: Mr. Chairman, we have someone registered. He
is not logged on at this time, though. He's not on the meeting, so we
can't call on him.
CHAIRMAN SAUNDERS: All right. Then we need a motion
to approve the agenda as amended and also to approve the consent
agenda as amended.
COMMISSIONER SOLIS: So moved.
CHAIRMAN SAUNDERS: We have a motion. Is there a
second?
COMMISSIONER LoCASTRO: Second.
CHAIRMAN SAUNDERS: We have a motion and second.
Any discussion?
(No response.)
CHAIRMAN SAUNDERS: Seeing none, all in favor, signify
December 8, 2020
Page 10
by saying aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN SAUNDERS: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN SAUNDERS: All opposed?
(No response.)
CHAIRMAN SAUNDERS: That passes unanimously.
If the speaker does arrive, we can hear that person's comments
even though the item has already been approved.
MR. MILLER: I will keep you apprised, sir.
Proposed Agenda Changes
Board of County Commissioners Meeting
December 8, 2020
Time Certain Items:
Item 11A to be heard immediately following Item 7 (Staff’s request)
Item 14B1 to be heard no sooner than 1:00 p.m. (Commissioner Taylor’s request)
Note:
Move Item 17A to Item 16A49
The County Attorney has asked that the Legal Considerations in agenda items 11.E and 11.F. for
today’s meeting be revised as indicated below.
My Legal Consideration would have been as follows:
This item has been reviewed by the County Attorney. The County Manager’s Ordinance provides in
relevant part as follows:
Sec. 2-81. - Powers and duties.
a) The County Administrator shall be responsible for the administration of all departments that
are responsible to the Board and for the proper administration of all affairs under the
jurisdiction of the Board. To that end, the County Administrator shall by way of enumeration
and not by way of limitation, have the following specific powers and duties to:
11) Select, employ and supervise all personnel and fill all vacancies, positions or employment
under the jurisdiction of the Board except County Attorney. However, the employment of an
Assistant County Administrator, and all Department Directors shall require confirmation by
the Board.
In light of the County Manager‘s announced retirement of May 31, this appointment should be
considered interim, as the next County Manager is free to select anyone he or she may want as their
Deputy. With that noted, this item is approved as to form and legality and requires majority vote for
approval.
12/28/2020 9:30 AM
December 8, 2020
Page 11
Item #2B, #2C and #2D
OCTOBER 22, 2020 - BCC/SPECIAL MASK ORDER MEETING
MINUTES, OCTOBER 27, 2020 BCC MEETING MINUTES AND
NOVEMBER 10, 2020 BCC MEETING MINUTES – APPROVED
AS PRESENTED
MR. OCHS: Mr. Chairman, that takes you to Item 2B. This is
approval of the October 22nd, 2020, special meeting of the Board of
County Commissioners, approving the meeting minutes from that
meeting.
CHAIRMAN SAUNDERS: Let's take 2B, 2C, and 2D
simultaneously. Those are the minutes of October 27th, as well as
November 10th. Are there any changes or comments in reference to
the minutes of those three meetings?
COMMISSIONER McDANIEL: Move to approve.
COMMISSIONER TAYLOR: Second.
CHAIRMAN SAUNDERS: We have a motion and second. Is
there any objection to that?
(No response.)
CHAIRMAN SAUNDERS: Seeing none, all in favor, signify
by saying aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN SAUNDERS: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN SAUNDERS: All opposed?
(No response.)
CHAIRMAN SAUNDERS: That passes unanimously.
December 8, 2020
Page 12
Item #4 (Items #16H2, #16H3 and #16H4 – Read into the record by
County Manager Ochs)
PROCLAMATION RECOGNIZING THE ROYAL SEAFARER
CONDOMINIUM APARTMENTS OF MARCO ISLAND, INC. 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 PATTY BURKE, PROPERTY MANAGER OF THE ROYAL
SEAFARER – ADOPTED
PROCLAMATION DESIGNATING JANUARY 9 - 17, 2021 AS
KINDNESS AWARENESS WEEK IN COLLIER COUNTY. THE
PROCLAMATION WILL BE HAND DELIVERED TO BOB
VOTRUBA, ORGANIZER OF THE ANNUAL "ONE MILLION
ACTS OF KINDNESS" CAMPAIGN – ADOPTED
PROCLAMATION - RECOGNIZING THE INFRASTRUCTURE
SURTAX CITIZEN OVERSIGHT COMMITTEES
CONTRIBUTION TO TRANSPARENCY; THROUGH THEIR
REVIEW OF THE EXPENDITURES AND USE OF
INFRASTRUCTURE SALES SURTAX REVENUE – ADOPTED
MR. OCHS: Mr. Chairman, that moves us to Item 4 on this
morning's agenda. Proclamations are on your consent agenda per our
protocol during the COVID pandemic. I will read the titles, sir, as
I've done in the past, with your permission, beginning with
Item 16D13 -- no, I'm sorry, 16H2. This is a proclamation
December 8, 2020
Page 13
recognizing the Royal Seafarer Condominium Apartments of Marco
Island, Incorporated, as a recipient of the Waste Reduction Awards
Program for contributing to the greater good of Collier County by
advocating the reduce, reuse, and recycling message, thereby helping
to prolong the usable life of the Collier County Landfill. This
proclamation will be given to Ms. Patty Burke, the property manager
for the Royal Seafarer.
Item 16H3 is a proclamation designating January 9th through
the 17th, 2021, as Kindness Awareness Week in Collier County. The
proclamation will be hand delivered to Bob Votruba, organizer of the
Annual One Million Acts of Kindness Campaign. Too bad we can't
see Bob's dog this year. He usually brings the dog around with him.
Item 16H4 is a proclamation recognizing the Infrastructure Surtax
Citizen Oversight Committee's contribution to transparency through
their review of the expenditures and use of Infrastructure Sales Surtax
revenue.
And, finally, Mr. Chairman, Item 16D13 is a recommendation to
recognize the Collier County Parks and Recreation Division for
earning their fourth National Recreation and Park Association
accreditation as part of the Commission for Accreditation of Parks
and Recreation agencies.
If I could, sir, just elaborate on that one a little bit. In 2004, the
Parks and Recreation Division joined the ranks of elite parks and
recreation agencies across the country by earning formal
accreditation through the Commission for Accreditation of Parks and
Recreation Agencies and the National Park Association.
The Parks Division subsequently achieved reaccreditation in
2009, 2014, and most recently in 2019.
The CAPRA accreditation is the only national accreditation for
parks and recreation agencies and is a measure of an agency's overall
quality of operation, management, and service to the community.
December 8, 2020
Page 14
The Collier County Parks and Recreation Division met all 150
standards identified in the accreditation process, and less that 10
percent of the accredited agencies across the country currently meet
100 percent of these standards, so it's really an accomplishment by
our team. Once accredited, the agency must uphold the standards by
submitting an annual report and is reviewed again every five years.
So, again, sir, I'd like to congratulate Mr. Carnell and Mr. Williams
and the entire team for the Parks and Recreation Division earning
their fourth national accreditation in the parks and recreation
category.
COMMISSIONER SOLIS: Congratulations.
CHAIRMAN SAUNDERS: Congratulations.
(Applause.)
Item #5A
PRESENTATION BY MARCO ISLAND CITY MANAGER MIKE
MCNEES, RECOGNIZING COLLIER COUNTY'S 45TH YEAR
ANNIVERSARY AS A MANAGER-COMMISSION FORM OF
GOVERNMENT AS PART OF THE FLORIDA CITY AND
COUNTY MANAGEMENT ASSOCIATION – PRESENTED;
PRESENTED STEVE CARNELL WITH A PLAQUE FOR HIS 35-
YEARS OF SERVICE
CHAIRMAN SAUNDERS: We'll move on to Item 5, 5A.
MR. OCHS: Yes, sir.
CHAIRMAN SAUNDERS: We have the Marco Island City
Manager with us, Mr. Mike McNees, to make a special presentation.
Collier County's 45th year anniversary as a manager-commission
form of government, and I think you got your start with us many
years ago. So welcome back.
December 8, 2020
Page 15
MR. McNEES: That's correct. Thank you, Mr. Chairman, and
good morning, Mr. Chairman and Commissioners, County Manager
Ochs, staff and residents of Collier County.
My name's Mike McNees, and I'm the city manager for the City
of Marco Island. I also serve as an at-large director of the Florida
City/County Managers' Association. And on behalf of the FCCMA,
I'm here to present to the County Commission a certificate
celebrating 2020 as your 45th year as a commission-manager form of
government as recognized by the International City/County
Management Association, the ICMA.
On behalf of the officers, the Board of Directors, and the
membership of FCCMA, we offer our sincere congratulations on this
milestone achievement.
The commission-manager government was created to help
separate administration from direct political influence and to establish
merit-based practices within local government. It's modeled after a
corporations framework with the voters who represent the
stockholders selecting a council or board of directors who, in turn,
appoint a professional executive to advise the council and to
implement its wishes as expressed through your ordinances and your
adopted policies.
In Florida, nearly 70 percent of our 411 cities, towns, and
villages operate under the council-manager form of government, and
of our 67 counties, all but two have professional county managers.
Collier County has long been a champion of council-manager
government. You have a county commission that works together in a
professional manner to make decisions and to establish policies that
are in the best interest of your citizens.
It's a distinct honor for me to stand here today to give you this
award. As the Chairman mentions, I walked into this building for the
first time in 1984 to take a job at the very, very bottom of the
December 8, 2020
Page 16
organizational chart of what was then the fledgling Collier County
Utilities Division, and I've known five -- well, really six of your
county managers, which is almost all of them that you've ever had,
very well. In fact, most of them at one time know that I would
consider friends, even this gentleman you have sitting here, Mr.
Ochs. And so --
CHAIRMAN SAUNDERS: It's good to know that Leo has at
least one friend.
MR. OCHS: Yes, sir.
MR. McNEES: Well, I haven't seen him for a while, so...
So it's really an honor for me to stand here today. And you
might say that the Board of County Commissioners is responsible for
what has become a 35-year public service career. Having said that,
though, I'm not here for reparations. What I'm here for, on behalf of
the FCCMA and the other commission-management communities
both in Collier County and throughout the state, is to congratulate the
Board of County Commissioners and County Manager Ochs on this
milestone achievement of 45 years of service as a
commission-manager community.
At this time, I'd like to present this certificate to the Commission
and the Manager. And I'm not sure what your protocol is.
CHAIRMAN SAUNDERS: We'll accept it up here. Thank
you. Thank you, sir.
We do have one more special presentation. Unfortunately, we're
losing a lot of our upper management staff here this year and early
into next year. One gentleman that is retiring at the end of this month
is Steve Carnell. And, Steve, if you'd come forward, just come up to
the podium. Let me read this little plaque that we have for you.
This is Collier County presented to Steven Carnell. In grateful
appreciation for 35 years of exceptional service to Collier County,
June 1985 through December 2020, forever impacted by your
December 8, 2020
Page 17
wisdom and compassion. Presented by the Collier County Board of
County Commissioners. I want to personally thank you for your
service. We're going to miss you and wish you best in your
retirement.
(Applause.)
CHAIRMAN SAUNDERS: And, Steve, if you have any
comments you'd like to make and, Mr. Ochs, if you have any
thoughts as well as if anyone on the Commission has any comments
to make, this would be the right time.
Steve.
MR. CARNELL: Well, thank you, Mr. Chairman, Members of
the Board, for this recognition.
And I just want to tell you very briefly I'm leaving here with a
great deal of gratitude. Like Mike McNees, my introduction into
public service really began here. I had one job before I came here,
but this was really, obviously, where I've invested a good deal of my
life. And, again, I'm extremely grateful. I'm grateful for the entire
staff that I've had the opportunity to work with.
And I don't know if you've ever seen the Progressive Insurance
commercial about where people become like their parents. You
know, one day I woke up and I realized I was like Leo, and I mean
that in the best sense in terms of somebody who had taught me how
to delegate and how to trust and how to support people and encourage
them and help them thrive.
And, Leo, you may be the only person who really truly, truly
believed in me all these years, unfailingly, and I'll always be grateful
for that. And, Nick, for your help as well in particularly these last
nine years. I'm extremely grateful.
And the five of you, I wanted to say -- express my appreciation
to you, and I was thinking about you-all particularly during this
whole COVID pandemic. It has been less than fun for the five of
December 8, 2020
Page 18
you, not to mention the rest of us. But you-all have handled this, I
think, with a great deal of transparency. You've listened to all sides.
I've listened to the discussions month in, month out, whether it was
masks or open the beach or close the beach, open summer camp,
close summer camp, whatever it was we were doing, you-all have
been transparent, and you have spoken respectfully with each other.
And I think -- when I listen to your discussions, I really hear
democracy. I hear you representing the people, because just about
everybody's point of view gets put on the table when you-all talk
about this. I'm extremely grateful for that, and I commend you for it.
So thank you again.
CHAIRMAN SAUNDERS: Thank you.
(Applause.)
MR. OCHS: Commissioner, let me just quickly say that Steve
and I came in about the same time to county government, and since
the day I met him, I've never known anybody with more integrity and
character than Steve Carnell. He always carried himself as a true
professional, was always about the team and service above self. So
it's a great honor and a privilege to have served with him, and he's
going to leave a big hole but a bigger legacy here for the work that
he's done over the last 35 years. So, Steve, thank you very much.
CHAIRMAN SAUNDERS: Commissioner LoCastro.
COMMISSIONER LoCASTRO: I just want to say, as the
newest person up here, the only new person, one of the things I really
respect in people is initiative. And before I unpacked my first box, it
was Steve and his team that reached out to me and got on my
calendar and said, you know, Commissioner, we'd like to show you
our parks, we'd like to show you our operations, where we've done
well, where we have challenges, and I just want you to know I really
appreciate that.
You know, as you are maybe in your final time, you could have
December 8, 2020
Page 19
easily just said, ah, let the next guy do it. But, you know, my
calendar quickly filled up with your name all over it, and I really
have great respect for that.
I also want to just dovetail on that, if you'd indulge me just 30
seconds. What an honor it is to be up here. I don't take lightly being
a public servant. I feel like I've been in public service my whole life.
I have a great respect for my colleagues that are up here. And I look
to serve with integrity and professionalism and do the homework
that's required to be a full-time County Commissioner serving not
only District 1, but all of the citizens of Collier County. So I thank
you for your faith and truth and for your friendship and for our
stewardship of spending the taxpayer monies wisely and protecting,
preserving, and improving all of Collier County. And, Steve, you've
done an awful lot here in 35 years, and I appreciate you for the time
that we've spent together educating me on areas where you need
support and where we can move forward in improvement. And, you
know, I'll continue to pick up that, and so will the rest of your team.
But congratulations and thank you for your time.
CHAIRMAN SAUNDERS: Commissioner Solis?
COMMISSIONER SOLIS: Yeah, and I would just like to add
that in the four or so years that I've had the opportunity to work with
Steve, one of the things that really amazed me was his ability to
always look at both sides and to always find the -- what's best for,
you know, the community in all the decisions, whether it's, you
know, sports teams fighting over fields, if it -- you know, all of these
things that seem very, very contentious.
Steve always had his eye on what was the best thing for the
community as a whole, sometimes some of which were not readily
apparently. You know, they were kind of counterintuitive but very --
I have to commend you. I really learned a lot from you and how you
saw the role of your department and of county government. So I
December 8, 2020
Page 20
really appreciate that.
And congratulations on a great career, and I hope to see more of
you.
CHAIRMAN SAUNDERS: Commissioner Taylor.
COMMISSIONER TAYLOR: I've always said that parks and
parkways, which is what we used to call it in the City of Naples,
you're on the front line. You are the face of our government to the
public, from the person who walks their dog, from the person whose
dog has just attacked a child, which happened last night, that kind of
thing; you're right there, and you've done a good job.
And I can say that as we move forward and look at parks and
parkways and understand the importance of the green in Collier
County, what you've done here and -- you've laid a great foundation,
and you've laid a great foundation with the children of our
community and all the camps, and your handling of this COVID issue
in the camps has been explanatory? No.
COMMISSIONER McDANIEL: Wonderful.
COMMISSIONER TAYLOR: Wonderful. You've had to deal
with a lot, and you deserve a great retirement, and may it be a fruitful
one for you and blessings to you and your family.
CHAIRMAN SAUNDERS: And, Commissioner Taylor, those
were exemplary comments.
COMMISSIONER TAYLOR: There we are. Exemplary.
That's the word I was searching for. Thank you, sir.
Item #6A
PUBLIC PETITION BY MR. KEN OEHLER REGARDING
REQUEST FOR SIDEWALKS IN PALM RIVER ESTATES -
DISCUSSED; MOTION FOR STAFF TO BRING BACK AN
ORDINANCE CREATING THE PALM RIVER ESTATES
December 8, 2020
Page 21
SIDEWALK MSTU – APPROVED
CHAIRMAN SAUNDERS: Okay. Let's move on, then, to
Item 6A, public petition.
MR. OCHS: Yes, sir. This is a public petition request by
Mr. Ken Oehler regarding requests for sidewalks in Palm River
Estates.
Mr. Oehler?
CHAIRMAN SAUNDERS: Mr. Oehler, you do have 10
minutes under our rules.
MS. LUCARELLI: I'm joining him.
CHAIRMAN SAUNDERS: And would you also state your
name for the record.
MS. LUCARELLI: Yes. For the record, Stephanie Lucarelli.
CHAIRMAN SAUNDERS: I didn't recognize you with the
mask.
COMMISSIONER McDANIEL: Hello.
MR. OEHLER: Thank you very much and thank you for
pronouncing my name correctly.
MR. OCHS: You're welcome, sir.
MR. OEHLER: Because it gets butchered.
I am Ken Oehler. I'm the President of the Palm River
Homeowners Civic Association. And a week or so ago I sent to all of
you an email outlining what I was going to present to you today,
except for you, sir. It went to Ms. Fiala, who responded to me that
she's no longer on the Board.
Our -- okay. It's up.
What our request is, basically, is we would like an MSTU
established for Palm River to continue the sidewalks on a loop
around the neighborhood. As a brief history, back, I don't know,
four -- five years ago, a sidewalk was built on Cypress Way East
December 8, 2020
Page 22
from Piper, which runs parallel to Immokalee, to Eastwood.
And, in fact, if you could pop that map up that -- it's about the
third or fourth one in there -- it will give you an idea -- there.
The blue line is the -- is the sidewalk that was put in about four years
ago, at around the same time, the blue line in the park along
Immokalee.
What we were told at the time, and I guess erroneously, was that
the county had intended to continue a loop around where you see the
yellow and then back down to Immokalee on Palm River Boulevard.
And when we asked about it, we were told, well, no, not really; not
for a long time; there's no money in the budget for it.
So back in 2017 I appeared before most of you, and I asked you
as commissioners to increase the budget for sidewalks in Collier
County from the low amount of $250,000, which would cover the
entire county, where sidewalks were needed to about $3 million.
And, Commissioner Solis, I remember your words well. Ken, get on
the plan, and -- which is what we have been trying to do ever since.
We met with county officials, and that's where we discovered
what the plan was is you have to have an MSTU. You need more
than 50 percent of the residents to sign the petition in order for an
MSTU to proceed.
In Palm River we have 1,900 doors; a thousand of them are
condos, and 900 are single-family residences. The prospect of going
around door to door to 1,900 doors trying to get better than half of
them to sign on to a tax that they would agree to on themselves was
formidable, and we didn't have enough volunteers to do it. What we
had on the board, they were willing to, but there was just not enough
people. It's just a tough deal.
We met with county officials, though, throughout. We tried the
squeaky wheel approach and figuring if we showed up at the -- I don't
if it was called the BPAC or the bicycle pathway -- if we showed up
December 8, 2020
Page 23
at enough of those things asking for sidewalks, sooner or later
someone would say, okay, well, you know, let's get rid of these
people. Let's put sidewalks in. But we were told it's not going to
happen in our lifetime because there would not be the money. So we
started an education process with our residents. We send out a
couple newsletters a year, and then an annual one. We tried to get the
residents behind the idea of an MSTU without us having to go door
to door.
One of our board members, Claudia Koehler, who lives near
Viking Way, which is -- well, it's hard to see. Well, it's the one -- this
one right here. A particularly hazardous street. Very narrow and
heavily trafficked. She started a petition there, and it was met very
favorably. And throughout this we were meeting with county
officials. Dan Schumacher came to one of our board meetings
because we asked him to map out what we wanted to do, what it
would cost at the time, because we really had no idea.
And at the time he estimated that it was going to be in excess of
two-and-a-half million dollars to put in sidewalks where you see
yellow.
MS. LUCARELLI: And I'm going to jump in, because we're at
five minutes.
MR. OEHLER: Okay.
MS. LUCARELLI: So at two-and-a-half million dollars -- well,
let me start first by just saying good morning, and thank you for
allowing us to speak.
My name is Stephanie Lucarelli, and I am here as a homeowner
and resident of Palm River and the chair of the Palm River Sidewalk
Committee, not in my capacity as school board member.
So at two-and-a-half million dollars, even though there were -- it
was -- we had a favorable -- you know, people that were willing to
put in sidewalks and pay for them, two-and-a-half million dollars
December 8, 2020
Page 24
seemed really excessive, and many people were concerned about that
cost.
When I learned that the HOA had a sidewalk committee, I got
involved, started doing some of the research again, picked the things
back up. Of course, COVID-19 hit, and even though we were willing
to do the door-to-door 1,900 doors, once COVID hit, it became kind
of impossible.
So, nonetheless, we started doing an education process again
online. The homeowner’s association sent around a questionnaire. I
put some questionaries online through the Next Door app, Facebook
app, and created a petition. And, again, lots of favorable comments.
It seems that the vast majority of people want sidewalks. There, of
course, are a handful of people that are concerned about the cost. But
what we realized is that this is the time to act because there is a
project underway in Palm River or set to happen within the next year
or two to work on the infrastructure.
And so if we were able to combine our sidewalk project with the
infrastructure project that is already happening, the cost to the
homeowners of Palm River would go from 2.5 million down to
around 1.2 million. Now sidewalks are affordable. People are
reengaged. And just in the last two weeks of doing this, we've
already had 300 people sign on or comment that they, indeed, are
ready to act on this.
Commissioner Solis quickly jumped on this last week, had a
town hall. We had 90 percent of the people that were on the town
hall. Over 100 of the people that are in favor want us to do it now. I
think everyone realizes it is now or never.
And so our big ask to you is to recognize the safety benefits to
the community, the increased property values for our homeowners
will see, the timeliness of acting now to direct staff to bring back to a
future meeting an ordinance establishing an MSTU for the
December 8, 2020
Page 25
construction of sidewalks as described in the Palm River community
much as you all recently did in the community of Connors/Vanderbilt
for the dredging project that is now underway, so -- I used to live
there, so I know about that.
So we would just like all of you to direct staff to work on that
MSTU to come back and, you know, help us get our sidewalks
finally.
CHAIRMAN SAUNDERS: All right. I'm going to see if there
are any questions or comments from the commissioners.
MR. OEHLER: I have one more question. If you'd go to the
photograph of Viking Way and what you would recognize as a truly
hazardous -- now, imagine this happening on the narrow streets
multiple times every single day. It's even worse now because the
bridge construction, the streets are more congested. We have kids on
bikes, on scooters. I witness some truly hazardous situations where,
if we had sidewalks, cars could pass each other, and the risks would
be minimized.
Now, imagine this site with three or four pickup trucks trying to
pass each other at the same time while there are pedestrians out.
With the bridge construction, imagine dump trucks, and then -- and
not even to mention the school buses and the landscape vehicles that
are going to be there anyway when the construction is over.
We live with this every day. And I walk frequently. In fact, I
walk past Stephanie's house.
CHAIRMAN SAUNDERS: Mr. Oehler, I think you're going to
get a positive response here, so let's get the comments from the
Commission.
MR. OEHLER: Okay. Because I feel like I'm at Shark Tank,
and I'm hoping that you're going to buy this product.
CHAIRMAN SAUNDERS: Well, you know in Shark Tank you
don't want to oversell either, so let's -- Commissioner Solis.
December 8, 2020
Page 26
COMMISSIONER SOLIS: And, thank you, Ken and Stephanie,
for being here. And, yeah, I held a virtual town hall with just under
120 people that signed on. And the streets, much like in Naples Park,
are really narrow. I think this is -- they've been, you know, fighting
this battle for as long as I've been around. And I think there is
consensus within the community to move forward, and the savings of
laying out the sidewalks, including it in the design with the utilities
project, much like the utility project in Naples Parks -- I don't know if
we follow you around, Stephanie, or not, but it is really substantial. I
mean, it's half. I think it comes out to somewhere around $500 a
home, which is significant.
So I would like to -- if there's consensus on the Board here, to
direct staff to bring back a resolution to create an MSTU for the
sidewalk project.
CHAIRMAN SAUNDERS: We do have two other lights lit up.
Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes. And I'm in complete
support.
I had two questions. Did we ever meet the 50 percent plus one
on the petition? I heard some renditions. Yes or no?
MS. LUCARELLI: Well, we didn't go through the official
petition process because now we're -- we realize -- we were told by
the county that it was better for us to try and get this done as soon as
possible so it can get in the engineering and design phase of the
project -- the infrastructure project that's coming up, and so, you
know -- so, no, but we've been -- like I said, through Facebook and
online stuff, it's been mostly favorable.
There are people that chime in and say -- they're really
indifferent to it. They're fine. If we have to pay for it, they'd like it,
but they're -- really want to be out there fighting for it, and they're
fine if, you know, the other way as well.
December 8, 2020
Page 27
COMMISSIONER McDANIEL: And my other question was --
and I'm not sure -- we've had some serious stormwater issues in Palm
River. Have those been addressed?
MS. LUCARELLI: Sir, that's all part of this same infrastructure
project.
COMMISSIONER McDANIEL: So it's not just the sidewalk
MSTU. It's all part of the -- it's all part of the --
MR. OCHS: Yes, sir.
COMMISSIONER McDANIEL: Totally fine.
CHAIRMAN SAUNDERS: Commissioner Taylor.
COMMISSIONER TAYLOR: I would support Commissioner
Solis and compliment the neighborhood for staying with it and
becoming a grass-roots effort and reaching out to your commissioner
and being smart with it. This is great. Yes, absolutely.
CHAIRMAN SAUNDERS: Commissioner LoCastro.
COMMISSIONER LoCASTRO: I echo that, you know, for you
to take the time and, also, I know your work with the school board, so
you're very involved with the community. But you're here
representing your community with an issue that needs improvement.
I would just challenge other citizens that are listening, you
know, we can do anything, but we can't do everything. But when you
have issues like this in your community, this is what it takes,
community involvement, an organized plan, coming here, addressing,
you know, not only the commissioners, but energizing, you know, the
key commissioner that oversees this district. And this is how you get
things done. It doesn't mean it's always going to happen in five
minutes, but sometimes it will never happen if leaders like yourselves
don't come forward with an organized plan. So I really commend
you for bringing this to our attention.
And I know this isn't the only neighborhood that wishes they
had sidewalks. So -- but, you know, we've got to start somewhere
December 8, 2020
Page 28
and, obviously, you know, you have all put together a great plan, so I
commend you for that.
CHAIRMAN SAUNDERS: All right. Let's entertain a motion.
Commissioner Solis.
COMMISSIONER SOLIS: I'd like to make a motion to direct
staff to bring back -- I believe it would be a resolution or an
ordinance --
MR. KLATZKOW: An ordinance.
COMMISSIONER SOLIS: -- an ordinance to create the Palm
River sidewalk MSTU, or whatever the staff would like to call it, and
bring that back as soon as possible just because I know there's a
timeline on the design work for the utilities project.
COMMISSIONER TAYLOR: Second.
CHAIRMAN SAUNDERS: All right. Is there a second? We
have a motion and a second. Any other discussion?
(No response.)
CHAIRMAN SAUNDERS: All in favor, signify by saying aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN SAUNDERS: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN SAUNDERS: All opposed?
(No response.)
CHAIRMAN SAUNDERS: That passes unanimously. Thank
you.
MS. LUCARELLI: Thank you very much.
MR. OEHLER: Thank you very much.
MS. LUCARELLI: And congratulations.
CHAIRMAN SAUNDERS: Let's move on to agenda -- well,
let's see. Did we ever get -- the person that wanted to speak on the
December 8, 2020
Page 29
consent agenda, did that --
MR. MILLER: He has never jointed the meeting, sir.
Item #7
PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE
CURRENT OR FUTURE AGENDA
MR. OCHS: Mr. Chairman, that would move us to Item 7,
public comments on general topics not on the current or future
agenda.
CHAIRMAN SAUNDERS: All right.
MR. MILLER: I have three registered speakers for this. Your
first speaker is Laurie Harris, and she will be followed by April
Olson, and then Christina Hauser.
MS. HARRIS: Commissioners, I'm sure you know why I'm
here. I'm assuming this microphone has yet to be cleaned, and I'm
glad we did away with the janitorial services creating the illusion of
cleaning the rest of this.
Commissioner LoCastro, welcome. Thank you for answering
my email. Commissioner Saunders, thanks to your assistant for
acknowledging my email without actually saying anything. And,
Commissioner Taylor and Solis, you completely ignore me. Literally
ignore me. I don't understand why.
So in trying to understand why, I looked at your bios.
Commissioner Taylor, you're from New York City. Left 30 years
ago. That happens to be my hometown. I was there when it was a
cesspool under David Dinkins who couldn't say his name without a
teleprompter, and Ed Koch who brought the city to bankruptcy. So
I'm assuming you fled to get away from big government.
Congratulations, you've become the big government you fled by
December 8, 2020
Page 30
imposing this mask face covering mandate.
Commissioner Solis, god bless your parents. They fled from
Cuba --
COMMISSIONER SOLIS: You know, I would appreciate it if
you didn't bring my dead parents into this discussion. I've had
enough of that. And that is just inappropriate, rude, and inconsiderate
to two people that came to this country and are now dead and can't
defend themselves. So shame on you.
MS. HARRIS: I started with "God bless your parents." I
apologize. I did not know they are deceased. What I was going to
say was, they fled tyranny. God bless them for their courage. Okay.
CHAIRMAN SAUNDERS: The commissioner's asked you not
to refer to his parents. If you would move on.
COMMISSIONER SOLIS: Yeah.
MS. HARRIS: Yes, I apologize. I apologize.
CHAIRMAN SAUNDERS: Just move on to your comments.
MS. HARRIS: Okay. You've become the big government by
imposing a mask mandate.
Commissioner Saunders, you've spent a career in big
government. Between state senator, county commissioner, your law
firm, you are big government, so your mask mandate.
Why I am here is you do not answer my emails. Okay. My
email says, now that you've imposed this mask mandate, these masks,
used, infected, why are they not being treated as medical waste?
Why aren't the medical waste receptacles put outside fire
departments, ERs, urgent cares? They are now in the parking lots.
They have become the new cigarette butt. They're disgusting. And
you're imposing this mask mandate -- I'm sorry -- face covering,
because any face covering will do, and when any face covering will
do, it's not about my health; it's about my obedience.
So since we all have to be obedient to your mask mandate, face
December 8, 2020
Page 31
covering mandate, why are they not being treated as medical waste if
they are infected with a highly contagious virus?
CHAIRMAN SAUNDERS: Next speaker?
MR. MILLER: Your next speaker is April Olson, and she will
be followed by Christina Heuser.
CHAIRMAN SAUNDERS: I want to divert for just a little bit --
come on up. I'm talking in reference to your presentation.
MS. OLSON: Oh, okay.
CHAIRMAN SAUNDERS: You're limited to three minutes.
MS. OLSON: Okay.
CHAIRMAN SAUNDERS: But I have a couple questions, so it
may take a little longer than three minutes, because she's going to be
presenting information from the Conservancy, and I wanted to make
sure that that information gets into the public record as it relates to
the filings that we've made with the State, so I may ask a question or
two, if that's okay with the Commission, so it may take a little bit
longer than three minutes.
All right. Ms. Olson.
MS. OLSON: Good morning, Chairman Saunders and Collier
County Commissioners, and welcome, Commissioner LoCastro.
COMMISSIONER LoCASTRO: Thank you.
MS. OLSON: Nice to meet you and thank you for your mask
mandate.
My name is April Olson with the Conservancy of Southwest
Florida, and we appreciate the opportunity to speak on an item that is
very time sensitive, as it pertains to the county's transmittal of the
RLSA amendments and our concerns that have been submitted to you
and clarified in our letter to the County Attorney yesterday.
The RLSA amendments have already been submitted to the State
Department of Economic Opportunity, and the 30-day clock for the
response is ticking.
December 8, 2020
Page 32
Unfortunately, the county has not remedied the concerns
addressed by the Conservancy and, therefore, we ask that you give
staff direction today. Our concern can be boiled down to this: The
almost three-year process of workshops and stakeholder participation
for amending the RLSA culminated in one primary document. That
is staff's report titled "A summary of RLSA Amendments, including
the 2009 EAC/CCPC, and board comments on five-year review
amendments and stakeholder comments and staff recommendations
on the proposed amendments."
This document right here is the RLSA transmittal bible, if you
will. You will see within this document -- or within the title that it
says "stakeholder comments."
So here's the concern. Even though the Conservancy submitted
these comments right here, 30- and a 32-page comments, none of our
input was included in this -- in most central document. Why is this
so concerning? Because this document is likely the most important
document in the amendment process, and it is likely the main
document that the DEO will review.
While we appreciate that the County Attorney's Office
submitted our comments to the DEO, that does not remedy the issue,
and it's not responsive to our request; however, the Conservancy had
proposed a remedy which is absolutely doable by the county and
moves toward bringing this public process back on track.
We asked three things. Number one, that our comments are
incorporated in this document called a summary of RLSA
amendments, and our latest version of our comments was from
August. Number 2, after our comments are included in staff's
document, that the document is re-sent to the DEO to be considered
for the transmittal process before the DEO makes a decision, and
there's only a few days left. And, No. 3, when the RLSA adoption
package is presented to the Board of County Commissioners, that the
December 8, 2020
Page 33
Board is presented with the updated version of staff's document,
which includes our stakeholder comments and any other stakeholder
comments that were ignored such as the League of Women Voters.
Thank you very much.
CHAIRMAN SAUNDERS: Ms. Olson, thank you.
MS. OLSON: Sure.
CHAIRMAN SAUNDERS: You actually stuck with the three
minutes, so it was perfect.
MS. OLSON: Okay, sure.
CHAIRMAN SAUNDERS: I'd like to see these comments
submitted with the package. I don't see any downside. It just
enhances the concept of transparency and that we're trying to make
sure that all stakeholders are heard on this.
Mr. Klatzkow, any problems -- I'm assuming there aren't any.
Any problems in supplementing our filings and doing the three things
that Ms. Olson has asked us to do on behalf of the Conservancy?
MR. KLATZKOW: I don't have an issue if you want to direct
staff to do that.
CHAIRMAN SAUNDERS: All right. I'm going to make that
motion.
COMMISSIONER TAYLOR: I'll second that.
MS. OLSON: Thank you.
CHAIRMAN SAUNDERS: All right. We have a motion and
second. Any discussion? Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes. I've got -- do we -- do
we -- and I'm looking at you and you. County Attorney, do we
usually submit dissenting comments in a submittal package to the
DEO?
MR. KLATZKOW: I'm advised by staff that the answer to that
is no.
COMMISSIONER McDANIEL: Okay. I take exception to the
December 8, 2020
Page 34
representation that your comments were ignored. They were not.
Nor was the League of Women Voters comments ignored. They
were given due consideration. There were adjustments made to the
entire RLSA submittal based upon public input that came. I sat
through two years of those hearings myself in the five-year review,
and then I attended virtually all of the other public hearings that
were -- that were carried forward.
And I'm just wondering -- and I'm just asking this,
Commissioner Saunders, since you've made the motion. My question
to you is, is -- it's not common practice for the Commission to insert
comments from the public in the submittal on a GMP amendment,
and why are we -- why are we doing that now, and what will be the
impacts of that in the review process of the GMP amendments?
CHAIRMAN SAUNDERS: I think there are a couple
comments I would make in reference to that. First of all, I do not see
any downside at all in having stakeholder comments attached to this
particular application or to future applications.
COMMISSIONER McDANIEL: And --
CHAIRMAN SAUNDERS: Let me finish my -- you asked me a
question.
COMMISSIONER McDANIEL: I did.
CHAIRMAN SAUNDERS: Secondly -- and, again, I don't see
any downside. The County Attorney's indicated that there's nothing
impermissible about doing this. Secondly, the Conservancy of
Southwest Florida is a little bit different than your typical
stakeholder. I don't know how many members there are of the
Conservancy.
MS. OLSON: About 7,000.
CHAIRMAN SAUNDERS: They provide a tremendous public
benefit. Thousands of students go to their facilities. They do
tremendous things in our community. I don't see any downside
December 8, 2020
Page 35
permitting this organization that has a great deal of credibility in
submitting this package. So that's my rationale for suggesting this.
COMMISSIONER McDANIEL: And I guess my other thought
is -- and this is just my question to the County Attorney. Ms. Olson
suggested three things. One is an attachment of the comments. What
I heard was another insertion of the comments into the GMP
amendments; is that correct?
MR. KLATZKOW: I don't think that's what the request is for,
but I'll let Ms. Olson --
MS. OLSON: Our request is that our support -- we have several
comments in our two documents that are in support of some of the
amendments and that are in objection to some of the amendments.
We just wanted to be treated like the other stakeholders who had their
comments in here. We have Judy Hushon's comments, Nick
Penniman's comments, ECPO's comments. We just want a fair shake
and have our comments inputted because we were part of the process.
The League of Women Voters also were excluded from this.
So we just want our fair shake to be treated as the other groups.
COMMISSIONER McDANIEL: Understood. I'm totally okay
with that. I mean, I didn't realize that they were excluded from the
actual submittal that went --
MS. OLSON: Yes.
COMMISSIONER McDANIEL: -- so I have no issue.
MR. KLATZKOW: I wouldn't say excluded, sir. But I
understand the Board's direction.
CHAIRMAN SAUNDERS: Okay. So we have a motion and
second. Any further discussion of the motion?
(No response.)
CHAIRMAN SAUNDERS: Seeing none, all in favor, signify
by saying aye.
COMMISSIONER SOLIS: Aye.
December 8, 2020
Page 36
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN SAUNDERS: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN SAUNDERS: All opposed?
(No response.)
CHAIRMAN SAUNDERS: That passes unanimously.
MS. OLSON: Thank you. We appreciate it.
MR. KLATZKOW: Mr. Chairman, I have one final registered
speaker for public comment, Christina Heuser.
MS. HEUSER: Good morning.
CHAIRMAN SAUNDERS: Good morning.
MS. HEUSER: Pardon me if I'm shivering. It's quite chilly out
in the hallway.
So before I proceed with the item I came here to talk about, I
want to urge you to maybe reconsider the spacing in the room,
because there are quite a few people out there as well as in the
overflow room, and there is an option for people to participate
virtually if they're not comfortable being in close proximity with
people.
CHAIRMAN SAUNDERS: We're going to continue to
maintain social distancing. The next three or four months with this
pandemic are going to be pretty amazing in terms of the impacts on
the country and potentially on our community. We can have this
conversation once people are vaccinated and we're able to relax those
standards. But, no, as far as I'm concerned, we're not going to make
any changes. We may have staff turn the heat up a little bit in the
hallway to make sure it's a little bit warmer, if that's the problem --
COMMISSIONER McDANIEL: Not in here.
CHAIRMAN SAUNDERS: -- but -- yeah, not in here. We
want to keep people safe.
December 8, 2020
Page 37
MS. HEUSER: Well, I'm so glad that you said that because that
brings me to my next point which is the stark contrast between your
position and a couple of your colleagues up there on the dais versus
Governor DeSantis' position on where we stand with respect to this
so-called pandemic. And Governor DeSantis has moved us to full
reopening, Phase 3. He has just recently, since your last meeting,
came out and said, unequivocally, that he is un -- he's completely
opposed to mandates.
And that's what I'm here to address today is your continued
mask mandate which you've mandated through April, and you've
done so with the justification that asymptomatic people can be
spreading the virus unknowingly.
So I wanted to bring to your attention a study that was just
published. I'm not sure if you've had the opportunity to look at it but
let me read to you the pertinent portion of it.
Previous studies have shown that asymptomatic individuals
infected with CoV-2 virus were infectious and might subsequently
become symptomatic. Compared with symptomatic patients,
asymptomatic infected persons generally have low quantity of viral
loads and a short duration of viral shedding which decreased the
transmission risk of SARS-CoV-2. In the present study, virus culture
was carried out on samples from asymptomatic positive cases and
found no viable SARS-CoV-2 virus. All close contacts of the
asymptomatic positive cases tested negative, indicating that
asymptomatic positive cases detected in this study were unlikely to
be infectious.
And if you would like to read the study -- and I would be happy
to share it with you -- it also discusses something that the Governor's
experts that he brought in in his round table and that Commissioner
McDaniel showed a sample of recently, that the PCR test, which is
the test that's widely used, reports a lot of false positives because it's
December 8, 2020
Page 38
so extremely sensitive that it picks up even small particles of dead
virus.
So I just wanted to shed light on this falsity because you're mask
people. Fortunately, the City of Naples, once again, rejected your
mandate, and it was wonderful to be downtown recently for the tree
lighting among seas of unmasked people who were enjoying the
holidays, as we all should, and I just think it's a travesty that you
continue to perpetrate this lie and this narrative of fear.
CHAIRMAN SAUNDERS: If you'd like to leave a copy of that
with the County Attorney, we'll get it distributed to the
commissioners, and if anybody on the Commission at any point in
time wants to bring an issue up dealing with this, obviously it's
everybody's -- on the Commission, everybody's right to do so.
MS. HEUSER: Great. Thank you. I'll do that.
CHAIRMAN SAUNDERS: Thank you.
Item #11A
FORMALIZING THE BOARD OF COUNTY COMMISSIONERS
POSITION REGARDING THE POTENTIAL EXPANSION OF
THE BIG CYPRESS BASIN BOUNDARY WITHIN THE SOUTH
FLORIDA WATER MANAGEMENT DISTRICT - MOTION
DIRECTING STAFF TO DEVELOP A PROCESS AND PRESENT
IMPACT OF THE EXPANDED BOUNDARIES AT A FUTURE
BOARD MEETING – APPROVED
MR. OCHS: Commissioners, we move now to Item 11A. This
is a recommendation to consider the selection of the new Collier
County Public Health Administrator as recommended by the State
Surgeon General. And Mr. Carnell will begin the presentation.
December 8, 2020
Page 39
MR. CARNELL: Good morning. Steve Carnell, your Public
Services Department Head.
On a good news -- a note of good news. I don't know if you-all
saw this morning, but the first COVID-19 vaccine was administered
in the United Kingdom, and the second recipient was an 81-year-old
man named William Shakespeare, and they're calling it the taming of
the flu. Seriously. Anyway.
Good news. As you all know, Stephanie Vick is officially
retiring at the end of this month. And whenever a health
administrator position among the 67 counties becomes available, the
State Surgeon General's Office goes through an extensive recruitment
and interview and selection process. And, per state law, when the
Surgeon General completes that process, he brings the recommended
candidate to the local County Commission for concurrence. That's
what we're trying to accomplish here today.
DOH has recruited the position. They put together a local
interview panel that included representatives from county
government, Collier County Schools, Naples Community Hospital.
The current Health Administrator sat on the panel, as did the Sarasota
Health Administrator as well.
The panel conducted interviews and is recommending the hiring
of Ms. Kimberly Kossler as the next Collier County DOH
Administrator. And the State Surgeon General is making that
recommendation to you today. And on his behalf, I have the interim
deputy secretary for County Health Systems, Mark Lander, who is
here present, to briefly tell you about Ms. Kossler and present the
State Surgeon General's recommendation to you.
CHAIRMAN SAUNDERS: Mr. Lander, good morning.
MR. LANDER: Good morning, Chairman Saunders and County
Commissioners. How are you-all doing today?
CHAIRMAN SAUNDERS: Good. Thank you.
December 8, 2020
Page 40
MR. LANDER: Just for the record, I wanted to make it known
that while I will be driving back to Tallahassee today, I am a Gator.
Just so we know that up front. Nothing wrong with that.
Yeah, thank you.
CHAIRMAN SAUNDERS: Some of us are not either Gators
nor from Tallahassee in terms of that. I think Mr. Solis might have a
comment or two, and I'm a Miami Hurricane fan, so you're not
starting off in a good footing here.
MR. LANDER: Well, how about we start it like this: I used to
be from Collier County, and so we had a lot of the Hurricane -- my
father was a Gator, so we would drive over to Miami quite a bit to see
those games.
Well, I am really honored to be here representing our State
Surgeon General and the Florida Department of Health bringing
forward to you Ms. Kimberly Kossler.
As Steve said, she had been through several local interviews
with your local partners and then was brought up to the State Surgeon
General for an interview as well, and I can tell you both he and I were
very impressed with her education as well as her work experience.
Kimberly currently has over 15 years of public health
experience in Florida starting off with Broward and Martin Counties
and then moving to Saint Lucie County where she currently serves as
the Division Director for Disease Control and Health Prevention.
In serving in that role, she has several lead positions; number
one being COVID response, she also does the lead for Hepatitis A
response and then serves on several boards: The Treasure Coast
Opioid Task Force, the Infant Mortality Work Group for Saint Lucie
County. She's also on her local Emergency Management Work
Group and the Area 15 HIV/AIDS Consortium and Planning
Network. Quite an extensive public health background.
Kimberly received her master's in public health as well as her
December 8, 2020
Page 41
bachelor's in science in nutrition and dietetics from East Carolina
University. In addition to that, she has received her RN degree from
Palm Beach State College, and several other certifications within the
state and outside the state.
She is currently field epidemiological certified from the
University of North Carolina in Chapel Hill as well as having public
health leadership program experience from the University of South
Florida College of Public Health.
You can see with that kind of background and that public health
experience, as we transition into our next phase of COVID and
other -- our other routine duties within the county health departments,
you're getting a seasoned veteran, somebody who's been on the front
line, been fighting those battles, and she is ready to take a baton from
Stephanie Vick and move forward to where we don't have any
backward movement. Just very, very thrilled and excited with that
level of expertise and that background.
So with that, I would like to bring her before you-all for a vote
to see if we can get confirmation.
CHAIRMAN SAUNDERS: All right. Ms. Kossler, did you
want to make any comments before we take a motion?
MS. KOSSLER: I just want to say good morning, and I'm
honored for this opportunity and very grateful to be here, and I'm
super excited to help serve Collier County, especially through the
COVID.
CHAIRMAN SAUNDERS: Well, welcome. Any comments
from the Commission?
(No response.)
CHAIRMAN SAUNDERS: And do we have a public
comment?
MR. MILLER: Yes. I have one registered speaker. Dan Cook.
Dan Cook. I do know we have some overflow spaces, but I did get
December 8, 2020
Page 42
this slip pretty early. Dan Cook. Item 11A.
CHAIRMAN SAUNDERS: All right. Well, we'll proceed with
a motion and discussion, and if Mr. Cook arrives, we'll hear his
comments.
We do need a motion to approve the appointment of Ms. Kossler
as the next Collier County Health Administrator. Do we have a
motion?
COMMISSIONER TAYLOR: I'll make a motion. Very
honored to make a motion. You're -- welcome aboard. Thank you.
CHAIRMAN SAUNDERS: And a second?
COMMISSIONER SOLIS: Second.
CHAIRMAN SAUNDERS: Commissioner Solis has seconded.
Any discussion?
(No response.)
CHAIRMAN SAUNDERS: Seeing none, all in favor, signify
by saying aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN SAUNDERS: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN SAUNDERS: All opposed?
(No response.)
CHAIRMAN SAUNDERS: That passes unanimously. We
certainly want to welcome you.
(Applause.)
MR. LANDER: Thank you, Chairman Saunders and group. We
appreciate this.
CHAIRMAN SAUNDERS: Travel safely.
MR. LANDER: Absolutely.
MR. OCHS: Thanks, Mark.
December 8, 2020
Page 43
CHAIRMAN SAUNDERS: Mr. Ochs, I believe we're going to
have a little bit of a quick COVID update for the Board.
MR. OCHS: Yes, sir, Mr. Chairman. Mr. Drew is here to
present on behalf of the Collier County Department of Public Health.
MR. DREW: Yes, good morning. Welcome, Commissioner
LoCastro. Congratulations, Commissioner Saunders and McDaniel.
CHAIRMAN SAUNDERS: Thank you.
MR. DREW: Oh, great. My slides up.
I'm John Drew, Florida Department of Health in Collier County,
and I'm here to present our COVID-19 update. It's been a while.
There we go. So starting with our Emergency Department visits on
the influenza-like illness syndrome, there's been, over the last couple
weeks, a -- it's trending upward on that, and then on the right-hand
side of the slide you can see a historical perspective starting with late
July and sort of the peak of the COVID-19 in Collier County, and
that has dropped down since early August and been pretty steady
since that time.
Then the Emergency Department visits for the COVID-like
illness syndrome, that trend line is moving slightly downward for the
last two weeks; however, those data points usually lag behind about
three or four days. So we're predicting that when all the data comes
in that will either move to a flat line or slightly upward trend. And
then, again, over time you can see on the right that since about the
end of September, those numbers have been steadily increasing.
Moving next to the positivity rates. Over the last couple weeks, we
have had several days where the positivity rate has been over our
10 percent target range, and the -- looking at it from the historical
perspective, that positivity rate, very similar to the COVID-like
illness, has been steadily increasing since the end of September.
And this slide just shows the difference in the variability in the
positivity rate in the different regions of Collier County. Not a whole
December 8, 2020
Page 44
lot of variability there, but a little bit.
And then looking at hospital capacity, over the past two weeks
you can see that we have slightly increased in the number of
COVID-filled beds, so that's the maroon at the bottom of the bars.
You can see that there's still plenty of hospital capacity. And at the
end of the two-week period, so over the weekend, there were about
110 people in the hospitals with COVID-19.
And from the -- over time, you can see that same curve is
happening with the hospitalizations, although it's kind of a -- it's
about a week behind the positivity rate. And I just wanted to remind
you that when we were here at the beginning of October, we were
talking about 20 and 30 people in the hospital with COVID. We
came in early November, we were talking about 40 and 50 people in
the hospital, and today we're talking about 110 people in the hospital.
That's every day. That's not new people, but that's the census.
And then comparing the previous two-week period with the
current two-week period, so we're looking at November 8th through
21 compared to November 22nd through December 5th, you can see
that number of new cases increased by 31.3 percent, positivity rate
increased by 8.2 percent, and hospital admissions increased by
17.9 percent.
And then comparing COVID-19 deaths with the leading causes
of death from 2019, so this is all of 2019, compared to year to date in
2020 for the COVID-19 deaths. So, unfortunately, we have had 294
deaths in Collier County, and that makes COVID-19 the fourth
leading cause of death compared to the 2019 deaths.
Lastly, I wanted to give you an update on our testing activities.
So the Health Department is doing free COVID-19 testing seven days
a week, and we're doing that at nine different events every week. So
Sundays and Mondays we're at our Immokalee site, which is
temporarily at 1500 Lake Trafford Road or the Winn-Dixie plaza.
December 8, 2020
Page 45
On Tuesdays and Thursdays we do, by appointment only, a
drive-through site at our main office here at the government center in
Building H. Wednesdays and Fridays we're still at Sun N Fun
Lagoon. And then thanks to our partnership with the county, we are
able to take our mobile unit out in the county and visit various
locations, so we do that every Tuesday, Thursday, and Saturday, and
that mobile unit, on Tuesday and Saturday we're focusing on the
Immokalee region, and we've been to Farmworkers Village, Missión
Peniel, Little League Park, and South Immokalee Park, and then on
Thursdays we're doing locations in other parts of the county. We've
been to Golden Gate Community Center three times now, I believe,
Everglades Community Church once, and we've scheduled Marco
Island Veterans Community Park for December 17th.
So when we started with the mobile unit, we were averaging
about 50 tests per event. That demand for testing has increased at all
of our sites and, for example, last week we did -- at Farmworkers
Village we did 91 tests at the four-hour event with the mobile unit.
At Golden Gate Community Center last week we did 114 tests.
You're looking for that on the slide. That's not there. That's just up
here (indicating).
And then, overall, we have been averaging about 3,400 tests per
month.
That's all I have for you today.
CHAIRMAN SAUNDERS: All right. Let's see if there are any
questions from the Commission.
COMMISSIONER TAYLOR: Just a --
CHAIRMAN SAUNDERS: Commissioner Taylor.
COMMISSIONER TAYLOR: -- question.
Chair, if you'd go back a couple of -- I guess it's to the ranking,
Page 9. So it's just one. I'm a little confused about the Florida rank
versus --
December 8, 2020
Page 46
MR. DREW: Yeah. So in the gray, the grayed-out area, that's
the leading causes of death for the whole state.
COMMISSIONER TAYLOR: Okay.
MR. DREW: And that's the -- and for the whole state currently,
COVID-19 would be ranked as the third leading cause of death
compared to the 2019 numbers.
COMMISSIONER TAYLOR: And in Collier, it's No. 4.
MR. DREW: Correct.
COMMISSIONER TAYLOR: Thank you.
CHAIRMAN SAUNDERS: All right.
MR. MILLER: The public speaker that wanted to speak on 11A
has shown up, sir.
CHAIRMAN SAUNDERS: All right. Let's -- that's Mr. Cook?
MR. MILLER: Mr. Dan Cook. Mr. Cook, if you'll come in,
please.
CHAIRMAN SAUNDERS: Good morning. You'll have three
minutes, Mr. Cook.
MR. COOK: Thank you. Mr. Chairman, I do not know who the
State Surgeon General has recommended for the county Health
Department Administrator. I do not know who you, the Board of
County Commissioners, who have sworn an oath to uphold and
defend the Constitution for the United States of America, will choose
to fill this position. But one thing I do know is that there are
thousands of Collier County citizens who are terrified that one day
the State Surgeon General will attempt to exercise his claimed
authority under Florida Statute Title XXIX, Section 318.00315,
Paragraph 1(c)(4)(b), which states, if the individual poses a danger to
the public health, the state health officer may subject the individual to
isolation or quarantine.
If there is no practical method to isolate or quarantine the
individual, the State Health Officer may use any means necessary to
December 8, 2020
Page 47
vaccinate or treat the individual.
These words are terrifying, Mr. Chairman, and for this board to
have claimed for the better half of this year the authority to impose
masks upon the people, it is not far-fetched to expect you to choose a
county health administrator who feels he or she has the same claimed
authority to impose the COVID-19 vaccine upon the people.
Recall that Benjamin Franklin said, when the people fear the
government, there is tyranny. When the government fears the people,
there is liberty. You have the chance to restore liberty,
Mr. Chairman. You can prove me wrong that the mask mandate vote
was, indeed, not a plunge into the slippery slope of medical tyranny.
So how can you do this? Mr. Chairman, you can introduce a county
resolution nullifying the authority vested in the Surgeon General by
State Statute 318, as I said earlier, and I think you should introduce a
county resolution nullifying the authority -- the specific authority of
vaccinating people, because for the last nine months you've been
willing to shut down nonessential businesses, to close our children's
playgrounds, and limit our access to public buildings all to quell the
fears of your constituents who are afraid of COVID-19. So now you
have the opportunity before you to quell the fears of your constituents
who are afraid of a potentially dangerous vaccine, and it won't cost
near what the lockdown cost this community. All it will cost you,
Mr. Chairman, is your pride. Please pass a resolution.
CHAIRMAN SAUNDERS: Mr. Cook, before you run, let me
make just a couple comments for the public, because I want to make
sure that everybody understands what our authority is and what it is
not. Number one, we have no authority to mandate at all that people
be vaccinated. That will --
MR. COOK: Great.
CHAIRMAN SAUNDERS: -- never come from Collier County
government --
December 8, 2020
Page 48
MR. COOK: Thank you.
CHAIRMAN SAUNDERS: -- number one. Number two, you
mentioned closing businesses.
MR. COOK: Yes.
CHAIRMAN SAUNDERS: This Commission has never closed
a business. We do not have the authority under the Governor's order,
but even prior to that, we never closed a single business in this
county.
Number 3, playgrounds. We closed playgrounds initially until
we got a handle on how to disinfect them, and then the playgrounds
were opened. As a matter of fact, Steve Carnell did a fantastic job in
keeping our parks open, keeping our playgrounds open, and keeping
them safe.
And, finally, in terms of public buildings, we've not denied
anybody access to a public building. What we have done is made
sure that when you do have access to these buildings, that it's done in
a safe way, not only for the public, but for our employees. So, for
example, at Development Services, building permits and things of
that nature, we've tried to do that virtual as much as possible.
MR. COOK: Yes.
CHAIRMAN SAUNDERS: When there has to be direct contact
with the public, there are shields put up to protect the public as well
as our employees. So I just want you -- I want the public to
understand that we're doing the best that we can to protect public
health and safety. The only thing that we have done is the mask
order, which I know you are objecting to. But I wanted the public to
understand we're not closing businesses, we're not requiring
vaccinations, we're not doing any of that.
MR. COOK: Okay. I appreciate your clarification on that. If I
just may add, regarding my comments about the closures of business,
I guess I would just say that maybe the actions from the Board in the
December 8, 2020
Page 49
beginning of this in March maybe led to the closures of businesses.
CHAIRMAN SAUNDERS: The actions of this board -- there
were no actions in March, the beginning of March. We did not close
any businesses, so that is just totally incorrect, and I just want the
public to understand.
MR. COOK: Okay. Well, thanks for that correction.
If I may, regarding access to the buildings, the signs on the door are
citing, I think, Order 2205. Could I make a request that those get
updated to 2020-07 regarding the mask mandate?
CHAIRMAN SAUNDERS: I don't know what that is. We're
going to --
MR. COOK: Okay. I'll follow up with the attorney.
CHAIRMAN SAUNDERS: Until the Commission changes the
order, that order stays in place.
MR. COOK: Okay. I'll follow up with the attorney.
CHAIRMAN SAUNDERS: Thank you.
All right. Any other comments before we move on?
MR. OCHS: Mr. Chairman?
CHAIRMAN SAUNDERS: Yes, sir.
MR. OCHS: We do have Mr. Mullins from my staff who's here
to complete the presentation on the COVID update. He had provided
some comparative data to the board last time, and I've asked him just
to briefly update that.
CHAIRMAN SAUNDERS: Great, thank you.
MR. MULLINS: And good morning, Commissioners, John
Mullins, Government Affairs Manager. And Commissioner
McDaniel had requested an updated series of charts plotting State
Department of Health daily coronavirus report data, which I will now
briefly review for format and included data points, and then defer to
the commissioner for his analysis.
First, for the benefit of our new commissioner and as a quick
December 8, 2020
Page 50
recap of what you're reviewing, the commissioner requested charts on
three topics: Positivity rate, hospitalizations, and fatalities using the
earliest report by county that we could obtain, and that ended up
being April 25th. And the charts plot one-month intervals from that
date through November 25th now.
Now, the highlighted sections of the daily report are where the
data were collected. And regarding positivity, please keep in mind
that the report states that the rate is calculated excluding people who
have previously tested positive. And on the positivity charts, the
number at each data point is the total number of test results listed in
that daily report.
Now, there are two sets of charts for each of the three topics;
one being the Southwest Florida comparison of Collier, Lee, and
Charlotte the other being a smattering of populated counties in
Florida along with Collier County. And regardless of which chart
you are looking at, Collier County will be the red line in every chart.
Now, the circle and cross represents the date that a mask order was
put into effect by county and, as you will see, a couple of the counties
had mask orders in place prior to public availability of
county-by-county data. Also, several counties had stay-at-home
orders or it passed resolutions urging residents to stay home, and all
of these orders and resolutions predate the county-by-county even
reporting data.
Likewise, the statewide "safer at home" executive order by the
Governor also predates this data.
And then, lastly, the phased reopening timeline is depicted on
every chart for reference. And with that, I am happy to defer to
Commissioner McDaniel and follow his lead in taking you through
these charts.
CHAIRMAN SAUNDERS: Commissioner McDaniel.
COMMISSIONER McDANIEL: No. I just -- thank you, John.
December 8, 2020
Page 51
I certainly, you know -- from an analysis standpoint, we're all
watching this data. And the premise that I want to continue to share
is that necessarily except for, you know, some investigation into
what's going on in Lee County with regard to the fatalities,
everybody, irrespective of local shutdown orders or particular face
covering mandates and such, basically, everybody's doing the same
thing.
The Phase 3 opening that the Governor moved us to in the latter
part of September has opened everything up. And then -- and so,
therefore, then, with the commingling of humanity, you're going to
see an increase in positivity.
I would like to say -- and I'm pleased except for that number in
Lee with regard to the increase in fatalities -- that the balance of the
fatalities are going down. And I applaud the medical system, which
has exponentially enhanced their care for folks that are suffering from
the virus.
And this was just provided as informational. It's an update.
When we talked the last time, I think it was back in October, and I
knew there were going to be some -- and, again, this is for
information purposes. Just -- and on a comparison with Collier
County who has a face covering ordinance, Lee who -- which has
nothing, and Charlotte, and in comparison to five counties, Dade,
Broward, Palm Beach, Orange, and Pinellas Counties, all of which
had early mask mandates and local shutdown orders of their
businesses and such.
So I know it gets a little bit busy, but I just -- for information
purposes.
CHAIRMAN SAUNDERS: All right. Mr. Mullins, thank you.
I don't see any other questions from the Commission. We'll move on.
Mr. Ochs, does that take us to the Senior Center?
MR. OCHS: Yes, sir. And it might be a good time for a court
December 8, 2020
Page 52
reporter break before we move into that, sir.
CHAIRMAN SAUNDERS: Why don't we take a break until
10:30. Will that be all right: 10 minutes? We'll be in recess until
10:30.
(A brief recess was had from 10:20 a.m. to 10:30 a.m.)
CHAIRMAN SAUNDERS: Ladies and gentlemen, the meeting
of the County Commission will please come to order.
And we're on Item No. 9A.
Item #9A
ORDINANCE 2020-50: AMENDING ORDINANCE NO. 89-05, AS
AMENDED, THE COLLIER COUNTY GROWTH
MANAGEMENT PLAN FOR THE UNINCORPORATED AREA
OF COLLIER COUNTY, FLORIDA, SPECIFICALLY
AMENDING THE URBAN GOLDEN GATE ESTATES SUB-
ELEMENT OF THE GOLDEN GATE AREA MASTER PLAN
ELEMENT AND URBAN GOLDEN GATE ESTATES FUTURE
LAND USE MAP AND MAP SERIES BY AMENDING THE
ESTATES MIXED-USE DISTRICT TO ADD THE NAPLES
SENIOR CENTER COMMUNITY FACILITY SUBDISTRICT TO
ALLOW CONSTRUCTION OF UP TO 30,000 SQUARE FEET OF
COMMUNITY FACILITY USES FOR FAMILY SOCIAL
SERVICE PROGRAMS AND ACTIVITIES FOR SENIORS AGED
60 AND OVER. THE SUBJECT PROPERTY IS LOCATED ON
THE SOUTHEAST CORNER OF THE INTERSECTION OF
OAKES BOULEVARD AND AUTUMN OAKS LANE,
APPROXIMATELY 350 FEET SOUTH OF IMMOKALEE ROAD,
IN SECTION 29, TOWNSHIP 48 SOUTH, RANGE 26 EAST,
CONSISTING OF 8.7± ACRES; AND FURTHERMORE,
RECOMMENDING TRANSMITTAL OF THE ADOPTED
December 8, 2020
Page 53
AMENDMENT TO THE FLORIDA DEPARTMENT OF
ECONOMIC OPPORTUNITY; PROVIDING FOR
SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE.
[PL20180002622] – ADOPTED
Item #9B
ORDINANCE 2020-51: AMENDING ORDINANCE NUMBER
2004-41, AS AMENDED THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH ESTABLISHED THE
COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA,
BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR
MAPS BY CHANGING THE ZONING CLASSIFICATION OF
THE HEREIN DESCRIBED REAL PROPERTY FROM AN
ESTATES (E) ZONING DISTRICT TO A COMMUNITY
FACILITY PLANNED UNIT DEVELOPMENT (CFPUD) ZONING
DISTRICT FOR THE PROJECT TO BE KNOWN AS NAPLES
SENIOR CENTER CFPUD, TO ALLOW UP TO 30,000 SQUARE
FEET OF INDIVIDUAL AND FAMILY SOCIAL SERVICES (SIC
8322) FOR SENIORS 60 AND OLDER, INCLUDING ACTIVITY
CENTERS FOR THE ELDERLY, ADULT DAY CARE CENTERS,
COMMUNITY CENTERS FOR SENIOR CITIZENS, SENIOR
CITIZEN ASSOCIATIONS, FAMILY COUNSELING, OLD AGE
ASSISTANCE, AND OUTREACH PROGRAMS AND FOR
GROUP SUPPORT SERVICES FOR THE ELDERLY ON
PROPERTY LOCATED ON THE SOUTHEAST CORNER OF
THE INTERSECTION OF OAKES BOULEVARD AND AUTUMN
OAKS LANE, APPROXIMATELY 350 FEET SOUTH OF
IMMOKALEE ROAD, IN SECTION 29, TOWNSHIP 48 SOUTH,
RANGE 26 EAST, CONSISTING OF 13.6± ACRES; AND BY
December 8, 2020
Page 54
PROVIDING AN EFFECTIVE DATE. [PL20180002622] –
ADOPTED
MR. OCHS: Yes, sir. Mr. Chairman, these are companion
items, Items 9A and 9B. We will hear both together, Mr. County
Attorney, then vote separately; is that how you'd like to proceed?
MR. KLATZKOW: We will hear both together and vote
separately, yes, sir.
CHAIRMAN SAUNDERS: All right. And speakers that are
registered -- and I had a couple ask me yesterday. Speakers will be
given three minutes. It's not three minutes on each item. It's three
minutes combined --
MR. KLATZKOW: Correct.
CHAIRMAN SAUNDERS: -- on this.
MR. OCHS: Let me read the titles for the record, if I may,
Mr. Chairman. First, Item 9A. This item has been continued from
the June 23rd and October 7th, 2020, Board of County Commissioner
meetings. This is a recommendation to approve an ordinance
amending the Collier County Growth Management Plan specifically
amending the urban Golden Gate Estates sub-element of the Golden
Gate Area Master Plan element and Urban Golden Gate Estates
Future Land Use Map by amending the Estates Mixed-Use District to
add the Naples Senior Center community facility subdistrict to allow
construction of up to 30,000 square feet of community facility use --
excuse me -- uses for family social service programs and activities
for seniors age 60 and over.
The subject property is located on the southeast corner of the
intersection of Oakes Boulevard and Autumn Oaks Lane
approximately 350 feet south of Immokalee Road.
And Item 9B has also been continued from the June 23rd and
October 27th, 2020, Board of County Commissioners meetings. This
December 8, 2020
Page 55
item requires ex parte disclosure be provided by the commission
members, and all participants are required to be sworn in.
It is a recommendation to approve an ordinance amending the
Collier County Land Development Code by changing the zoning
classification of the herein described real property from an Estates
zoning district to a Community Facility Planned Unit Development
zoning district for the project to be known as Naples Senior Center, a
previously described location, sir.
CHAIRMAN SAUNDERS: All right. Let's start off with the
Commission's required statements. Mr. McDaniel, any ex parte?
COMMISSIONER McDANIEL: Absolutely. Meetings, phone
calls, and emails.
CHAIRMAN SAUNDERS: Commissioner Taylor.
COMMISSIONER TAYLOR: The same, meetings. I did
attend a NIM earlier this year on January the 27th; visited the site last
month; many emails from constituents; and phone calls; had a Zoom
meeting with the residents of Oakes this week.
CHAIRMAN SAUNDERS: Okay. Commissioner Solis.
COMMISSIONER SOLIS: I -- yes. I've met four times with
the neighborhood association representatives; I've met four times
with the applicant and their counsel; lots of letters, ranging from the
Community Foundation to the Chamber of Commerce; and many,
many, many emails and phone calls.
CHAIRMAN SAUNDERS: Okay. Commissioner LoCastro.
COMMISSIONER LoCASTRO: I might be new, but I've been
flooded with plenty of correspondence. So I've met with both sides;
met in person with the citizens that live in that neighborhood on
Oakes; I've been to the site on Oakes, as well as the site that the
county had offered; lots of correspondence; lots of emails and phone
calls from both sides.
CHAIRMAN SAUNDERS: All right. And I've had the same
December 8, 2020
Page 56
thing. I've visited the site. I've talked to representatives of the
project, and I've spoken with and received emails and correspondence
from people that are in the community that would be impacted,
potentially, by this.
MR. OCHS: Swear in participants at this time, sir?
CHAIRMAN SAUNDERS: Yes. Any members of the public
that are going to testify as well as representatives of the project.
(The speakers were duly sworn and indicated in the affirmative.)
CHAIRMAN SAUNDERS: All right. Thank you.
Mr. Yovanovich.
MR. YOVANOVICH: Thank you and good morning. For the
record, Rich Yovanovich on behalf of the Naples Senior Center.
With me today I have several people. Wayne Arnold, who's the
professional planner on the project; Tina Matte, who's helped us with
public outreach; Jim Banks is our transportation consultant; Michael
Herrera is here to answer any engineering-related questions; our
ecologist is Dan Underhill; and Rene Zepada -- or Zepeda will be --
is an architect; Jackie Faffer is the CEO; and John Passidomo is one
of the directors who has been very involved in the petition.
The order of presentation is going to be: Me, I'll give a brief
overview; Jackie will then give some detailed presentation on the
Naples Senior Center; Rene will then talk about the design aspects
and why this site is the right site for the project; and then Wayne will
follow up with planning aspects; and, finally, Mr. Banks will go
through the transportation-related impacts.
CHAIRMAN SAUNDERS: All right. I would suggest to the
Commission that we get through this -- the presenters program here
before we start asking questions. If that's acceptable to everybody, I
think it will be much more efficient.
MR. YOVANOVICH: Yeah. Our hope is to answer all your
questions. I've never hit it 100 percent, but we'll do our best to try do
December 8, 2020
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that in our presentation.
CHAIRMAN SAUNDERS: All right.
MR. YOVANOVICH: I do ask -- we have one speaker, Paul
Hiltz from Naples Community Hospital. He has to leave at noon. If
there is a -- if there's a chance to get him in before noon, we'd
appreciate that.
CHAIRMAN SAUNDERS: We will absolutely do that, but
remind me, so when we get close to that --
MR. YOVANOVICH: I will. I appreciate that. Thank you for
your...
On the visualizer -- I'm sorry. I keep calling it the visualizer.
On your screen is the location of the proposed Senior Center. As you
will hear from Jackie on our team, the Senior Center provides a lot of
services to seniors that is a rapidly growing population in Collier
County. It is undisputed that seniors are underserved in Collier
County, and senior services, like childcare, is an essential service to
members of our community.
Membership growth for the Senior Center has been
overwhelming, and a larger permanent location is critical to serve this
underserved population. If you've been to the existing Senior Center,
you know what we're talking about. It's small, woefully underparked.
It appears much more congested than it really is. But this location
will alleviate a lot of those concerns and perceptions regarding the
amount of parking that's necessary.
The search for a permanent home has taken many years, and
many, many sites were evaluated. We've used the services of local
realtors who are familiar with the market. And even after that site
was put under contract, we were provided a list of 14 properties from
the Oakes communities to evaluate. We evaluated every one of those
sites to determine if that was a potential location, and after that 14th
site, we were presented with the Gaynor building in the Hodges
December 8, 2020
Page 58
University complex near this location. We even evaluated that site to
find out that there's a master lease on the property. So we could buy
the property; we just can't use it for the next 11 years. So we have
continually responded to the local community to evaluate different
locations.
As Jackie will explain, the location on this monitor is really the
ideal site for what we're proposing and the services we want to
provide.
We understand that no matter where we relocate there are going to be
current members that may find it difficult to get to those locations --
the new location. We are committed, and the board is committed, to
providing transportation to anybody who wants to get to the new
location, and we will do what is necessary to make sure that if we
relocate or when we locate, those who are currently using the facility
will use the new facility.
I'm sure most of you are familiar with the Comprehensive Plan
for Collier County but, in reality, finding a location for senior
services is not as easy as it sounds. Depending on the classification,
some people claim that this is a commercial use. It is clearly not a
commercial use.
But finding a location that is of sufficient size is a difficult task,
and we spent a long time looking for that and, as a result, the location
that we have found requires both a Growth Management Plan
amendment and a rezone to PUD.
So you have two petitions in front of you, and Leo read them
into the record. But I think what is really important to understand is
the Growth Management Plan amendment that we're proposing is
only for 8.7 acres of the entire 13.6 acres, and that's by design, and
I'll show it to you later.
The eastern five-acre parcel will remain Estates, and it will not
be part of the Growth Management Plan amendment, and that is
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Page 59
because that is our preserve area and our outdoor open space area,
and that will continue to be a buffer from our nearest neighbors to the
east.
So there cannot be creep of the building getting bigger on the
13.6 acres. It will be confined to the location we're showing you. So
you don't have to worry about our 30,000-square-foot building
growing further to the east or our parking growing further to the east.
And the second petition is a rezone to the PUD, which also is very
limited with the uses that are allowed. They're only allowed for daily
senior activities. We're not allowed to have residential use, and we're
not allowed to have any evening or weekend use of the property.
At the Planning Commission hearing, we had many supporters
present. Many of those supporters would be here but for COVID and
other -- basically, COVID, and some are not that great with the
technology, so it's difficult for them to even participate by Zoom.
Both the Planning Commission and your county staff
recommend approval of both petitions. As you will see as we go
through the process, we are both compatible and complementary to
the existing neighborhood. We are not in the middle of a
neighborhood or the Oakes community, and we are, in fact, supported
by our nearby residents.
That concludes my brief overview. Jackie will come up and
give you a little greater detail about the Naples Senior Center, and
then Rene will follow her, and then we'll continue on with the
presentation.
DR. FAFFER: Chairman Saunders and Commissioners, thank
you very much for the opportunity to present our vision for the new
Naples Senior Center.
This project is of utmost importance to serving our 1,400
members who are the older adults and seniors of Collier County and
December 8, 2020
Page 60
who have only our center to provide the professional services and
programs you will hear about today.
I would like to take a few moments to speak to you about our
mission for serving our community seniors and why this location
uniquely accommodates Naples Senior Center's vision for how to do
that in the best way possible.
Let me start by sharing some history. In 2012, I was asked by a
professional colleague in the northeast for assistance in locating a
Senior Center for her mother -- his mother in her 90s in Naples. I
was stunned to learn there wasn't one. No therapeutic and social
programming for one of Collier County's largest demographics and
vulnerable populations. Maybe, I thought, Collier County doesn't
need a Senior Center. I, therefore, worked with FGCU on a needs
assessment which identified the overwhelming loneliness and
isolation of seniors in Collier County. As the then head of the Social
Work Division summarized, older adults are alone and lonely.
With the support of a dedicated board of trustees, we raised
philanthropic funds to open our center in January of 2014. We had
80 members when we opened our doors on Castello Drive. The first
person to walk through the doors came up to me and told me that her
husband passed away three years ago, and our opening lunch
program would be the first time she shared a meal with someone else
since his passing.
Now, almost seven years later, Naples Senior Center has
become an integral part of the social service fabric of our community.
Though the demand has been robust and our membership has grown
to 1,400, we control the number of people who attend at any given
time by requiring registration for programming and establishing
satellite locations.
Let me share with you what we do with our staff of 20
professionals and generous numbers of volunteers who come to the
December 8, 2020
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center every day for group activities. Everything from chair yoga to
arts and crafts to music sessions and so much more.
If I had an overhead projector, I'd feel more comfortable. Thank
you.
If you look at our schedule of events -- and let's take Tuesday --
you can see that staff and volunteers arrive around 9:00, we begin our
programming at 10:00, and programming goes throughout the day
until -- 3:00 is the last program, and by 4:00 our members and
volunteers have left.
If you look to the column on the side, you'll see the numbers of
people who arrive, and you'll see that although -- on the bottom
orange lines, the average occupancy is 328, and we've committed to a
maximum occupancy of 485. In fact, we have fewer people who
come for each session and many stay most of the day for the different
programs, making the entrance and the egress much less than one
would expect.
We have the only dementia respite program in the entire county
where dementia patients participate in four hours of structured
therapeutic activities while their caregivers get much needed respite
to run errands and care for themselves.
Naples Senior Center also has a geriatric case management
program through which professional case managers work with frail
seniors to enable them to age safely and with dignity in the
community, often avoiding nursing home placement.
Allow me to share a brief video introduction to our center.
(A video was played as follows:)
It is estimated that one out of every three seniors in the United
States wakes up every morning feeling isolated or lonely. Research
has shown that seniors who feel this way have higher rates of heart
disease, are more likely to develop Alzheimer's disease, are more
prone to live with depression and anxiety.
December 8, 2020
Page 62
Naples Senior Center opened its doors as the first senior center
in Collier County in January 2014 to ameliorate senior isolation and
loneliness. Since that time, membership has increased from 80 to
1,400. Programs have developed and expanded to meet the needs of
our local seniors.
The first program offered when Naples Senior Center opened its
doors in January 2014 was Lunch and More, a weekly hot lunch
followed by engaging entertainment or informative lectures. Classes
in a variety of art mediums stimulate creative expression and provide
the members with a sense of achievement. Senior Center members,
many of whom have never picked up a paintbrush or pastel, see their
artwork displayed and, in a few instances, shown in juried art shows
and even sold.
Naples Senior Center members, so appreciative of the
opportunities given to them, also recognize the importance of giving
back to the community. They look forward to painting bowls for the
Empty Bowls program addressing food insecurity in Collier County.
The members participating in NSC's needle-works program knit and
crochet lap ropes and shawls for women undergoing treatment for
breast cancer at Naples Community Hospital and Lee Memorial
Health System and caps for children undergoing chemotherapy.
Naples Senior Center partners with many non-profit
organizations in the community to provide important information to
our seniors. One of the organizations is Shine, which helps older
adults better understand what is available to them through the various
Medicare programs. We all know the importance of healthy activity
at every age, but particularly as one gets older.
Naples Senior Center has vibrant and varied wellness activities
gauged to fit every level of physical capacity. These activities
include Tai Chi, line dancing, chair exercise, and yoga.
My name is Florence Weinstein. I'm 95 years old, going on 96,
December 8, 2020
Page 63
and a World War II veteran. I'd like to speak about how important
the Naples Senior Center is to all the seniors in Collier County. Most
of us, before its existence, were stuck at home, and here we found the
home away from home.
We're able to exercise our brains and our bodies, exercise
classes, oxygen to our brain, and lots of loving companionship.
The Alzheimer's Association states that one in nine individuals
over the age of 65 will be diagnosed with dementia. Is it any wonder
that five years ago NSC had one dementia respite group and today
there are 10, including three on Marco Island. Through this
four-hour structured group, facilitated by a clinical social worker,
participants are engaged in activity centers that stimulate their minds
and their spirits while giving their caregivers four hours of respite to
take care of themselves.
One of the highlights is music therapy, facilitated by a
credentialed music therapist. The enjoyment of music is universal.
Senior Center members participate in singalongs and HUG, the happy
ukulele group. Like everyone, seniors come to depend upon
technology. NSC offers computer classes and special classes on
smart phones and tablets. Please visit us at "experience the
connections we create."
(The video concluded.)
DR. FAFFER: Research has shown that isolation and loneliness
seriously impact the health of seniors, often leading to depression,
significant medical conditions, and even death.
In a 2015 study at Brigham University, they found substantial
evidence that individuals lacking social connectedness are at risk for
premature mortality. Prior to COVID-19, the thought of isolation and
loneliness as a health risk was an abstract concept to many. Today,
unfortunately, with so many of our vulnerable friends and neighbors
self-isolating, it has become a reality of our everyday life.
December 8, 2020
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As a doctor of social work and with Collier County's
demographics being what they are, I believe we are in the midst of a
health crisis, one that can be referred to as a double pandemic
referencing the experience of isolation and loneliness combined with
COVID-19.
As one begins to understand that Naples Senior Center was
founded to combat isolation and loneliness, it is easy in today's
climate to understand that our mission is essential to the well-being
of our community.
Our programs and activities provide a portal through which we
identify physical, emotional, social, food insecurity, and financial
needs, and we develop individual programs to address these often
life-threatening concerns. All of this time Naples Senior Center has
relied upon the generosity of our donors and private foundations to
fund our operations, staffing, and programming; that is more than
$3 million raised each year to care for our seniors in our community,
and this care is not supported by Collier County tax dollars.
We now operate a satellite program in Marco Island for our
dementia respite program, and we see the future of our service
delivery model to be additional satellites in fast-growing parts of the
county; however, we need a new center to accommodate the core of
our membership right here in Naples.
So why is this new location ideal for the new Naples Senior
Center? This location is large, more than 13.6 acres of land. This
will finally enable us to provide therapeutic programming in a
therapeutic setting. We can incorporate gardening activities, walking
paths, outdoor Tai Chi, and simply getting our members outside to
enjoy the sunshine and the significant health benefits of being in a
natural setting.
If we had that space today, we would be able to bring our
seniors back for on-site programming in a safe environment, an
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environment where we could do outside activities and have the room,
both inside and out, to practice social distancing.
The size of the space means we can have our passive activities at
the same time we have ample room for our center and parking as well
as deep setbacks and generous landscaping buffers all around the site
to ensure we are compatible with the neighborhood.
The vast majority of our programming is scheduled between
10:00 a.m. and 3:30 p.m., outside busy morning and afternoon peak
commuting hours. Our members are elderly. They are not interested
in early mornings or late afternoons, and they certainly aren't
interested in evening or weekend programming.
We never have offered on-site programs on evenings or
weekends, and we have guaranteed through our applications to
continue only offering weekday programs during limited hours. This
further ensures our compatibility at this location.
The site is central to the majority of our members and
volunteers, immediately adjacent to a major thoroughfare and
accessible via I-75. And as you've heard, we are committed to
providing transportation to those seniors who feel it's too far a
distance to the new center for them to drive.
We have searched for a permanent home for over three years
and have pursued alternative locations, including locations proposed
by the leadership of the Oakes Neighborhood Association and Collier
County. For various reasons, these locations were not appropriate for
us or available to us, and as challenging as this process has been, we
have found the ideal location for the Naples Senior Center, and it is at
the corner of Valewood Drive and Autumn Oaks Lane.
We are dedicated to being a good neighbor at this location. We
are thrilled that so many of our immediately adjacent neighbors have
welcomed us with open arms. We are committed to doing whatever
we can to ensure that our use of this beautiful site is compatible with
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its surroundings.
We care for your parents, your neighbors, your aunts and your
uncles and your siblings. We need a location that will allow us to
continue providing these essential services to a vulnerable population
often at their times of desperate need. Collier County has long
lovingly embraced childcare services as essential to the well-being of
our entire community. We believe that the senior care services we
provide are just as essential to the quality of life we all enjoy in
Collier County and we are all proud of.
We, therefore, respectfully request your approval of our
applications. Thank you for your time and consideration.
And next I'd like to call Rene Zepeda, our architect.
MS. ZEPEDA: Chairman Saunders --
CHAIRMAN SAUNDERS: Good morning.
MS. ZEPEDA: -- Collier County Commissioners, good
morning. Thank you for your time.
My name is Rene Zepeda. I'm an architect with Stofft Cooney
Architects in Naples, Florida.
Selecting a site and designing a building for seniors must be
seen through a different lens and learning how to see through this
lens takes time and dedication. I have dedicated over 25 years of my
professional experience specializing in the design of senior facilities.
So I was very glad when the Naples Senior Center approached the
firm to work on what is to become the new home for the senior
center.
The first thing we set out to discuss with the team was the site
characteristics to ensure that it had what it required to meet the needs
of the program for the health, safety, and welfare of the seniors and to
improve their quality of life.
We identified the following fundamental site requirements: A
setting that allows seclusion to provide for safety, security, and
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privacy; a site where we can design a safe parking layout with
extensive landscape for shading, coolness, and a more pleasant
environment than that of a hot sea of asphalt, which we see in many
places, and also one that allows easy access to the front door.
We need a setting surrounded by landscaping to provide the
physical and visual connection to natural elements. This helps to
combat depression, improve health, and increase healing.
We needed a site that allows for the creation and access to
manmade gardens for outdoor activities and direct exposure to the
sun and nature, which are vital for healthy life. This is the only
chance some of our seniors -- actually many of our seniors -- have to
enjoy the outdoors in a secure and safe environment.
We also needed a site that had access to natural preserves for
passive outdoor experiences such as trail walks. Again, in a secured
environment; a site that is quiet, peaceful, and non-chaotic in its
surroundings, which is a must for seniors' safety and well-being.
The design elements of the building are in direct connection
with the site setting and site context. A site that allows for details
that are vernacular in nature provide a sense of comfort and a more
welcoming environment than buildings of institutional or commercial
character. This is not a commercial building. The center is to
maintain the feeling of extension of home setting and environment
which can foster sociability and friendship to diminish the feelings of
isolation.
Building orientation on the site is also very important. Art is
essential for seniors, and northern light is the best light in which to
create art. The space adjacencies allow for the art program to have
direct northern exposure in this particular site. Southern exposure
allows longer sunlight for outdoor activities, particularly during the
cold days of winter. Again, it requires space adjacencies allow for
the outdoor garden to have direct southern exposure on this particular
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site.
These are only a few of the elements that are of paramount
importance to provide the proper programming in the proper setting.
In conclusion, the site in consideration provides all the elements for
the implementation of all the design criteria, making it the ideal site
for Naples Senior Center like no other site previously considered.
Thank you for your time, service to the community, and
consideration of this application.
CHAIRMAN SAUNDERS: Okay.
MR. YOVANOVICH: Throughout this process, we've heard
the comment "we love the mission, but this is not the right location."
This is the right location for the mission, and we'll go into greater
detail how we met every one of the criteria Rene just explained to
you was important to the Board and important to serving seniors.
We are not a commercial activity. It is totally inappropriate to
require us to locate in an activity center where there's high
commercial traffic generation, and it is wrong to locate us in a
grocery store that's been abandoned and say that's the appropriate
location to take care of seniors.
The location that we've arrived at is the 13.6 acres accessed
from Valewood Drive and Autumn Oaks Lane. And many of you
have been to the site, so I know you're all familiar with how close we
are to Immokalee Road. And this location meets every one of the
locational criteria to address Jackie's concerns or services provided
by her organization and Rene's design criteria to have an appropriate
Naples Senior Center.
It's also an appropriate location based upon where our members
currently reside and where we expect the majority of the growth of
our senior population. And we are committed -- as I mentioned, you
will see there are seniors that are not in this centralized location. We
are committed to making sure they get to the center by providing
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transportation. I've also shared with you -- and, Mr. LoCastro, I hope
you received it -- we have 992 signed surveys. We didn't ask you to
get -- we didn't send you 992 emails. We sent you the survey --
COMMISSIONER SOLIS: Thank you for that.
MR. YOVANOVICH: -- surveys from the individual -- your
individual districts to let you know that each one of you has a
significant portion of your population served by the center. And we
are committed to continue to serve that population.
As to the location, it's in yellow. We are not in the heart of the
Oakes community. We are on the fringe of the Oakes community
near Immokalee Road.
As Jim Banks will take you through, it is a safe and convenient
access not only for our members but for the residents of the Oakes
community. We have a signalized intersection at Valewood Drive.
We will make sure that our deliveries, the few that we have, use
Immokalee Road and Valewood Drive. We will encourage our
members to use Immokalee Road and Valewood Drive. As you saw
from the previous slide, a lot of those members would be coming
from Immokalee Road and Valewood Drive anyway. Naturally,
there will be some that will be coming from the south and will
continue to use Oakes Boulevard; however, as Mr. Banks will share
with you, we are in no way diminishing the safety or the
level-of-service of Oakes Boulevard by our seniors coming in the
off-peak hours to receive the services of the Senior Center.
There is already a dedicated right-turn lane off of Oakes
Boulevard to serve the property and, as you can see, the access is
convenient to all of our members.
I just want to go over what's there today on the property. You've
all been there, and you-all have driven by it. The property is
currently allowed to be used for new and used building supply
company and open storage. That's the permitted use on the property
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today. The property was commercial C-3 zoning back in the '70s
until it was changed with the Comprehensive Plan. So on the corner
piece where these existing structures are, that's basically a five-acre
piece. It can be used for -- used and -- used for new and used
building supply company and open storage as confirmed by county
staff.
To our immediate south is the Cypress Cycle shop. So our
immediate neighbor to the south is commercial activity.
To the north there are a couple of churches, and if you look
caddy corner to -- I don't know if -- the cursor right here, that's zoned
for commercial uses. So we are, in fact, and Wayne will show you
this, surrounded by nonresidential uses on the property.
We have strategically located our buffers and preserves around
the perimeter of the property. This neighbor right here, I'll show you
later, is a supporter of the property. We have extensive buffers all
around. It's a shame we're going to hide the building, but we're going
to hide the building with landscaping. And you will see the sightline
studies that Wayne has done to show that none of these neighbors are
going to see the building that Stofft Cooney and Rene are designing
to be on this site.
We have taken great care in designing this site to meet all of the
goals and objectives of the Naples Senior Center and to assure
compatibility with the Oakes community. We have -- I was asked the
question: Do you have enough money to build the building and make
sure it will be properly maintained after the building is constructed?
Based upon cash in the bank and pledges from well-known
donors, after everything is built and done and totally furnished, we
will be -- about $5 million set aside to make sure that there are
ongoing maintenance of the building and plenty of reserves to take
care of this building and the services of the center. So the community
doesn't need to worry about the future. The future has been
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generously underwritten by Collier County residents. So you don't
have to worry about someone coming and asking to convert this
building to some other use through a Growth Management Plan
amendment and a PUD amendment, which, in order to do anything
different than what we're asking for, which is senior services, would
require both a Growth Management Plan amendment and a PUD
amendment, which you-all know requires a supermajority vote for
both. And the process we're going through right now would involve
the community.
Throughout the conversations we've had with the community,
we have included every one of these restrictions in the Growth
Management Plan and the PUD. Jackie mentioned hours of
operation. That's already in the PUD. The enhanced landscape
buffers are in the PUD. The restriction on lighting for the parking lot
is in the PUD. Program -- all program participation is by
appointment. We've limited the uses on the open-space tract that I
showed you. That's where you'll see the outdoor gardens, and we've
limited the uses on the preserves.
The busiest day and hour of the center is the Wednesday
luncheons they have for seniors. We have, like many -- like typically
you find for church commitments on Sundays. We will have a law
enforcement officer there to direct traffic to make sure we don't
overly stack Valewood Drive, and we regulate traffic leaving our site
to make sure there are no traffic-congestion issues.
We have also committed -- because there were some concerns --
that if Valewood Drive does stack up to where it's not currently
functioning as you're heading north onto Valewood Drive, we have
committed to either regulate our uses during those hours, if it turns
out that somehow we're wrong on our traffic analysis, or we will
build a second dedicated right-turn lane on Valewood Drive at our
expense to address any stacking issues that may arise. And the
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commitment that's in the PUD has been drafted with your staff.
So we have taken every comment from the neighborhood
seriously, and we believe you have addressed every one of those
comments. We are providing sidewalks along Autumn Oaks Lane
and Oakes Boulevard, and we have capped our maximum number of
people. Now in that number of 485, that includes people attending
multiple sessions. So that number of 485 is actually probably a lower
number than we'll actually ever achieve on the site. I mean, it's a
higher number than we'll ever achieve on the site, but we were -- and
we've agreed to provide monitoring reports to county staff so that you
will see that we have committed to and lived up to every commitment
we've made.
With that overview as to what's in your PUD document and the
assurances in the community, I'm going to turn it over to Wayne to
go over the planning comments, and then I believe Mr. Banks will
follow, and then we'll be available to answer any questions you have.
COMMISSIONER SOLIS: Can I just -- while they're
switching, can I just ask one quick --
CHAIRMAN SAUNDERS: Commissioner Solis.
COMMISSIONER SOLIS: Just to clarify. The commitment to
build a right-turn lane on Valewood would be where -- the right turn
going north on Valewood onto Immokalee?
MR. YOVANOVICH: Correct, correct.
COMMISSIONER SOLIS: Okay.
MR. YOVANOVICH: Yes. There was concern that somehow
that would back up with our traffic, and we've said if -- our traffic
consultant said that's not -- you don't need to worry about it, but --
COMMISSIONER SOLIS: But it's the right-turn lane --
MR. YOVANOVICH: It's right turn heading to the east on
Immokalee Road.
COMMISSIONER SOLIS: East on Immokalee Road.
December 8, 2020
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CHAIRMAN SAUNDERS: Commissioner Taylor has a
question as well.
COMMISSIONER TAYLOR: Because I'm a visual person,
would you please put the map back -- or visual of the aerial of the site
area back --
MR. YOVANOVICH: With the master plan on it?
COMMISSIONER TAYLOR: Yes. And the question -- yes.
So if you would just -- again, this is north. And what is going to
remain in preserve? What have you dedicated? What area of this --
MR. YOVANOVICH: This is the five-acre parcel that I told
you is not part of the Comprehensive Plan amendment.
COMMISSIONER TAYLOR: Okay.
MR. YOVANOVICH: That will be -- this is open space. And
then this is all preserve under the PUD and when you look at the
master plan. And Wayne will show you that in greater detail so you
will --
COMMISSIONER TAYLOR: And then the right turn on
Valewood would be --
MR. YOVANOVICH: Would be right here. If it ever needs to
be built -- the county owns this parcel already -- we would build it
adjacent to the lane that -- the right-turn lane and straight-through
lane that's already there.
COMMISSIONER TAYLOR: Okay, thank you.
MR. ARNOLD: Thank you.
Good morning. I'm Wayne Arnold, a Certified Planner with Q.
Grady Minor & Associates. I'm here to walk you through some of
the project location and site details. And Rich did a lot of
introductory remarks, and some of the exhibits are similar, so I won't
belabor some of those points.
But let me get started and talk to you a little bit more about our
project location. On the visualizer you can see that we have the site
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identified, the 13.6 acres, and we're immediately adjacent to the
congregational church that's on Immokalee Road and Valewood
Drive. Rich has talked to you about our relationship to the Cypress
Cycle shop immediately to the south. We have another church just
northwest of us. The existing warehouse and storage uses are on the
hard corner of the five acres that our -- of this project. Farther down
Autumn Oaks Lane there's another church. Rich pointed out the
Southbrooke Commercial PUD that he and I both did a plan
amendment for; and another church on Autumn Oaks and Immokalee
Road.
So, clearly, this is not in the middle of the neighborhood, and a
lot of the neighborhood-related uses are similar to what we are, which
is I would say is a community facility. Essential service. It's not a
commercial use. The only commercial use that's adjacent to us is the
unbuilt Southbrooke and the Cypress Cycle shop.
And there's a lot of history with Oakes Boulevard, but Oakes
Boulevard formerly was all commercially zoned, which is how the
Cypress Cycle and the storage facility became located there back in
the 1970s before you had a Golden Gate Master Plan.
You saw similar photos but looking north is the First
Congregational Church. That's our view of the rear of that building;
the existing warehouse storage facility is the eastern photograph; and
then the Cypress Cycle shop is our immediate neighbor to the south.
As Rich mentioned, we're in for a zoning change. We're in for a
small-scale Comprehensive Plan amendment. The advantage for us
doing the small-scale amendment on only the 8.6 acres is that it does
allow us to have the five-acre tract that still will be designated
Estates. It will, yes, be zoned PUD, but the limitation in our PUD,
which I'll go over in a few moments, will simply be to allow open
space or preserve uses.
The subdistrict language, it's fairly brief, but it says everything
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that Rich has already told you we've committed to, maximum
two-story in height, maximum 30,000 square feet. We have to do a
Planned Unit Development. We have to provide development
standards and appropriate buffers which we certainly believe we
have.
Proposed uses. When we started this process, for some reason a
lot of people thought this was going to be a residential home facility
or an assisted living facility, and it is not. You've seen the
description and heard Jackie's presentation on what it is that does
occur at the senior center. It's an activity center for our elderly. It's
sort of an adult daycare. You have an allowance for adult daycares
under the Golden Gate Master Plan, but we weren't sure that that peg
fit the hole exactly, so -- which is why we've identified that it's also
senior centers, that's family counseling services. There's old-age
assistance. These are terms out of your Land Development Code that
we've picked up on and included in our PUD.
And, sort of, more importantly things that we're not and that we
also heard that we might be, but we have prohibited uses in our PUD
document. We're not a soup kitchen. We're not a homeless shelter.
We're not residential care facility. We're not dwelling units. We're
not offender rehabilitation or public welfare agencies. We're not a
religious facility. You know, some of the neighbors said, well, gee,
what if you fail? What's going to come here? Is a church going to
want to occupy the space, and I think you heard Mr. Yovanovich
indicate that the facility is well funded today. It's going to be tailored
for senior facilities, and it's going to be appropriate for the
neighborhood.
The conceptual master plan, Rich walked you through some of
that. He didn't talk to you about some of the detail. But the access
points that we have are on Autumn Oaks Lane, and it's directly
accessible to Valewood. And it's an interesting assemblage of four
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parcels that we have, because the easternmost five-acre tract aligns
perfectly for us to utilize Valewood Drive for our access; a signalized
intersection, as you've heard.
But, more importantly, on the site we have more than well over
five acres of the site that will remain green space, whether it's
preserve or open space or part of our water management system
which, as Rich indicated, had allowed us to bring the building to the
middle of the site. We staked out the general footprint. So those of
you who made a site visit saw PVC pipes that identified and showed
you just how central that was and what we didn't -- what we tried to
show you, too, was staking the line of the five-acre tract on our east
to show you how little of the site really was impacting any more of
the neighborhood.
So we've identified, as Rene always mentioned, parking and
access to the building is important. So we have parking areas around
the site, but we also have large areas of open space that can be
utilized by the members of the Senior Center to enjoy the facility,
have some outdoor exercise space, outdoor garden space, et cetera.
This is another version of the conceptual plan, and what we did at the
Planning Commission and prior to the Planning Commission was we
made a couple of changes to this.
Dr. Faffer and I met with the immediate property owner to the
east of us on Autumn Oaks Lane, and he really -- like many of the
people said, I really think your use is needed. It sounds really great.
I'm concerned about what I see.
So out of that grew an enhanced buffer program for our eastern
and southeastern portion of the site. So where we abutted anything
but Cypress Cycle we provided enhanced buffer. So those gold stars
indicate areas where we've committed to those. The green arrows are
where we've identified also that the preserve would be no less than
100 feet in width. So you have 100 foot of natural buffer in addition
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to an enhanced landscape buffer. Before we get to any areas that --
you know, we call it out as open space because Dr. Faffer hasn't
designed a garden or a hiking trail or anything like that. But some of
that may also remain open and native vegetation, but we've called it
out as open space.
But, nonetheless, those areas on our southern and eastern buffers
will have a minimum 100-foot-wide natural vegetation preserve.
This highlights -- and it's hard to read, I assume, for some of the
viewers, but it identifies that the five-acre tract that's currently
vegetated -- I mean, think about that. Five acres of a site as our
buffer to our nearest neighbor. That's a significant buffer. I mean,
the site's 13.6 acres, and five acres of that is going to be open space
and buffer to the nearest neighbors.
Again, the rendered site plan shows you, you know, how green
the site really is. We've made provisions for there to be grass parking
on the site as well, like churches might have, because we don't think
the limited use of the site warrants all the parking to be paved. But
we also need to have safe passage for the seniors, and working with
Rene, the parking lot design is going to be fairly unique. It's going to
have more landscaping, wider landscaped areas, more accessible
pathways to access the building.
So we also took time to create some perspective views, and this
is part of our enhanced buffer program along Autumn Oaks Lane, for
instance. There actually is a building behind that landscape buffer.
It's hard to see, but we've committed to have several layers of
landscaping within the 25-foot-wide buffer. So you will get not only
the landscape buffer treatment, but there will be additional
landscaping in our buildings, and then the county requires vegetation
be planted in front of your building. So you've got this layered
approach. And we believe that this has come a long way. And this is
not the original image we presented to the Oakes Association before
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we submitted an application. We did have an enhanced buffer
program. This is even further enhanced. We staggered more
vegetation and densified the vegetation.
This is from Oakes Boulevard as you're traveling north and east,
and you can see parts of the building. But, again, the layered
approach to landscaping is something we've committed to, and all the
details are in your PUD document.
These are views -- you know, bird's eye views of how that
landscape treatment looks. This was one that we submitted early on
in the process. And if you look at the bottom image, you see it's
fairly open. The bottom image we added a lot more vegetation to it
at the request of neighbors so you get an additional enhanced
20-foot-wide landscape buffer in this section.
Again, another enhancement to the landscaping, using all natural
vegetation and staggering it and putting a lot of density to it because
the neighbors were concerned about their visual image, and we're
doing our best to hide the building.
This is the buffer treatment on our eastern and southeastern
boundary that we talked to the neighbor about, and he wanted
clustering of landscaping with native materials that would mirror
what he had on his particular site. So we, our landscape architect and
our firm, came up and created these images, and he was happy with
those, and we've included those as well in our document.
Rich mentioned this, that we also took time to look at -- if you
can see the key map to the right, to our nearest neighbor to the south,
the southeast, and the east, and we did line-of-sight exhibits for those
showing you the enhanced buffers and the preserve areas that have to
be viewed in order for them to see the building, and in all cases the
landscape buffers will restrict the view of our building on our site.
These range from as close as 500 feet from our eastern neighbor
to over 800 feet. So those are the adjacency to our neighbors other
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than the Cypress Cycle. I didn't look at that because it's not a
residential site. It's zoned for commercial use.
But, again, I think it just shows how we've centralized the site,
kept the retained -- kept and retained the open space and preserve on
the eastern five-acre tract, that we have no sight issues with our most
immediate neighbors.
We also looked at street views, and this is the westbound view
on Autumn Oaks Lane as you approach the Valewood intersection.
Our building would be to the left, and you can start to see parts of the
roof line, et cetera. But that also shows our enhanced vegetation and
how limited the view is. When you look at the congregational church
that's in the right part of that image at the stop sign, that is our
neighbor immediately north of us.
This is southbound view. This is on Valewood Drive looking at
the site. That's our site entry. We'll have modest signage to
announce Senior Center so people have safe passage to it. But you
can see, again, that the way it's been designed, there's not a direct
view of the building from Valewood Drive.
We have development standards that are part of our PUD. I'm
not going to go through all of those, but those all meet or exceed any
standard that's already in your Land Development Code for Estates
zoned property, whether that would be for a church, a childcare
center, or any other use that's permitted in the Estates.
Rich went through these commitments, so I'm not going to go
through all of those again but just reaffirm that our hours are very
limited. There's no evening use, there's no weekend use, and
programming's going to end at 4:00. So those coincide so that we
don't have peak-hour impacts to the community. Even though our
analysis has looked at that and we know we don't, we've made that
commitment with the hours of operation in our PUD that we'll make
sure we don't.
December 8, 2020
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And one of the other things that really didn't get highlighted, but
we did hear from some of the neighbors that they were concerned
about congestion and pickup and drop-off for school kids and school
buses, so we've made a commitment that we will install sidewalks
along our Oakes Boulevard frontage and our Autumn Oaks frontage
so that there is safe passage for the children as well as any other
pedestrian that might want to visit the site. But I think that's a pretty
major commitment and, of course, Rich mentioned the limitation on
the total number of people. And as Dr. Faffer said, many people will
choose to stay for multiple programs, during the day, but those get
counted as a person. So the actual impacts is probably less than the
number we've committed to.
Again, I mentioned the sidewalks as part of our vehicle and
pedestrian safety plan. We'll have law enforcement on site during the
weekly luncheon to disperse our traffic in a safe manner, including
not allowing people to leave the site if it creates any stacking issues
on Valewood. If there's any stacking issue on Valewood as
monitored -- we've done the traffic analyses that have been presented
to staff -- we know that we can have the right-of-way necessary to
add the turn lane at our expense for that north eastbound turn lane on
Valewood to maintain the capacity.
This, again, was the rendering. Just, again, show you how green
we are and how we do fit in with the neighborhood. And our
conclusions were that we've allowed our site to have very large
building setbacks. We've committed to enhanced buffers. More than
five acres are going to be clearly dedicated to just open space and
preserve. It's a residential style architecture that we do believe fits in
with the neighborhood. Maximum two-story height. Our zoned
height 30 feet consistent with everything else that can be built in the
Estates. We're going to have direct access to the Valewood Drive,
which is a key consideration here. No weekend or evening use, and
December 8, 2020
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very limited scope of services that we're providing to the seniors.
So in my professional opinion, we are compatible with the
neighborhood, we're consistent with the uses that are surrounding us,
we're complementary to those, and if you adopt the Comprehensive
Plan amendment, we're consistent with the new Comprehensive Plan
amendment that would support the Naples Senior Center.
So with that, I'm going to turn it over to Jim Banks to walk you
through the traffic analysis.
CHAIRMAN SAUNDERS: As Mr. Banks is approaching the
microphone, Mr. Yovanovich, could you get Paul Hiltz lined up for
his presentation. We'll interrupt Mr. Banks to permit Mr. Hiltz.
Mr. Banks, if you'll go ahead and start, we'll --
MR. BANKS: Okay. Good morning, Commissioners. For the
record, Jim Banks. My firm did prepare traffic impact study for
Naples Senior Center. The report was prepared pursuant to the
guidelines set forth by Collier County Government as well as the
methodologies that were established with your staff as well as your
third-party transportation consultant, Jacobs Engineering. So we also
had oversight from your staff as well as Jacobs Engineering on this
task.
CHAIRMAN SAUNDERS: Okay. We do have Mr. Hiltz here.
I didn't realize you were outside there. Why don't you come on up on
and make your presentation, and then we'll get back to Mr. Banks.
And you have three minutes.
MR. HILTZ: Thank you so much for that consideration. Good
morning, Commissioners. I just -- I won't even probably take three
minutes, but I felt compelled to be here just to support the Naples
Senior Center.
We think that the Naples Senior Center is an integral part of the
healthcare system here in Naples and Collier County. They're a key
strategic partner for NCH as we think about the future and delivering
December 8, 2020
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care to seniors.
We're firmly convinced that the Naples Senior Center keeps
people out of the hospital. And so we think, for a long time in the
future, we hope to do a lot more with the Naples Senior Center. And
just as a person who's come here within the last year, and I spent a
morning over there with Jackie and her team, in other markets I've
worked in, we would have just died to have an organization like this
to partner with us. We think that it improves the quality of life for
not only the seniors but their caregivers, and our mission at NCH is to
help people live longer, healthier, happy lives, and we think we're
very much aligned with the Senior Center, and I just wanted to offer
that piece of support.
So thank you for giving me the opportunity to come in and
speak.
CHAIRMAN SAUNDERS: Thank you, sir.
Mr. Banks?
MR. BANKS: Again, Jim Banks.
As I said, it was prepared pursuant to your criteria. The TIS was
based upon the assumption that we would have a daily maximum
attendance of 485 participants. That includes the Senior Center
participants as well as staff and the volunteers.
We established the site generated traffic by conducting traffic
counts at the existing facility on Castello Drive. We didn't rely upon
the ITE trip generation manual because they didn't have really a good
use that would be comparable to what's going on at the Senior Center.
So we actually counted traffic on three separate occasions at the
Senior Center in order to project how much traffic would be
generated at the proposed site. So I think the quality of our
information regarding how much traffic is going to be generated is
very good.
All the results of the traffic study are based on a.m. and p.m.
December 8, 2020
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peak hours, the peak-hour conditions, which we normally analyze,
but we also evaluated the weekly luncheon event traffic conditions.
So we -- we looked at what -- we generate the traffic at our highest
demand is that one day a week during the luncheon event. So we
complied with typically how we do the traffic studies, plus we did the
additional analysis of the midday luncheon events.
Both staff and Jacobs Engineering reviewed the report. And I
wanted to say that I actually had numerous conversations and
discussions with Jacobs Engineering and your staff about what-all we
needed to look at and evaluate in order to address what we perceived
was going to be some of the neighbors' concerns.
So, again, the traffic study was very thorough. But -- both staff
and Jacobs Engineering reviewed the report, and they agreed with the
findings of that report, which is that the Naples Senior Center will not
negatively impact the adjacent road network or the nearby
intersections. That includes Oakes Boulevard, Autumn Oaks,
Valewood, and those intersections. We analyzed each and every one
of those links and those intersections, and all of those links and
intersections will continue to operate at high levels of service.
I have to put my glasses on so I can read my notes.
One of the questions that came up at our NIM was how would
this project impact the neighbors' ability to access Immokalee Road.
So we did a specific analysis of how Naples Senior Center may
impact that condition. And so -- but I would like to remind the Board
that the Oakes Neighborhood has three points of access to Immokalee
Road. Two of those accesses are signalized and one is a right-in,
right-out access. So they have access to that major east/west corridor
via two signals and one right-in, right-out access.
The Oakes neighborhood also has access to the south to
Vanderbilt Beach Road, which is also a major east/west arterial, and
that, too, is a signalized intersection. So as far as access to the
December 8, 2020
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community, it is very good.
But we did -- let's see. I want to back up here.
So, again, the question was, well, how does -- how would this
project impact our ability to access Immokalee Road? As we
discussed, the traffic entering and exiting the Naples Senior Center is
obviously going to use the Valewood access because it's the most
convenient, and it does provide signalized access to Immokalee
Road.
So we looked at the -- we collected data at those intersections
for the a.m., the p.m., and the midday conditions, and then we added
our project traffic to those time frames in order to determine whether
or not there was adequate storage capacity at that intersection to
accommodate the additional traffic.
Now, in the mornings when the residents of Oakes community
are heading to work or taking their children to school or for whatever
reason they're leaving, the Naples Senior Center does not generate
any outbound trips. So we're not -- we're not impacting the residents'
ability to access Immokalee Road or Vanderbilt Beach Road to the
south, for that matter, during the a.m. peak hour, because we just
don't generate any outbound trips. And, to me, that was the critical
period for the residents of Oakes when we might have the greatest
impact, but in this case we don't have any impact.
The p.m. peak hour, which is between 4:00 and 6:00, all the
senior activities have all concluded, and the seniors have already left
the site. So at that time frame between 4:00 and 6:00 p.m., the only
thing we have -- only people left on site are the staff and a few of the
volunteers, and they kind of trickle out over the next hour-and-a-half.
And, again, we collected all this data. So what I'm explaining to you
is what the on-the-ground facts are at the existing location, and then,
of course, we project that based on the increase of the attendance at
the new site. So it will be the same type of occurrence there, just
December 8, 2020
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more traffic than what they generate today.
But for the midday on Wednesday, that is when we would
impact that intersection at -- it's our highest demand on that
intersection. And, fortunately, at that time of the day, which is
midday, the traffic on Immokalee Road and that northbound approach
at Valewood is at its lowest during the daylight hours. So, literally,
we're impacting that intersection at the time that would be best for us
to do that.
So we did do the analysis for the queuing analysis. There is 300
feet of separation on Valewood Drive between Immokalee and
Autumn Oaks, and there are two northbound approach lanes. So that
provides a total of 600 feet of queuing capacity. And we did the
analysis based on, again, a.m., p.m., and mid-day demands and we
determined that there is adequate storage capacity to accommodate
the existing traffic that's using that intersection as well as the traffic
associated with the Naples Senior Center.
In addition to that, the Naples Senior Center has committed to
employing law enforcement to moderate the volume of traffic that
exits the site in order to ensure that we don't have a queuing issue
there at Valewood and Immokalee Road.
So that kind of -- and so you know, my traffic study's this thick.
I could have made a two-hour presentation, but Rich would have
hooked me a long time before that --
CHAIRMAN SAUNDERS: We would have hooked you a
long --
MR. BANKS: Right.
CHAIRMAN SAUNDERS: Mr. Yovanovich, anything else on
your presentation?
MR. YOVANOVICH: Just very briefly, just very briefly.
This exhibit shows you in green the local -- our adjacent neighbors.
We have received letters of support from everybody in green
December 8, 2020
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supporting this project. They're the most affected property owners
for our project.
I already mentioned we've had the petitions that I've already
provided to you. I think there's no question that senior services is an
essential service, and we believe, and I think the testimony supports,
that this is the appropriate location to provide these services. It's safe
for our members, it's safe for the neighborhood, it fits into the
neighborhood, there are no traffic issues, and if any arise, we have a
plan in place to address those issues.
The proposed use is compatible with our surrounding uses. And
I hope you have seen through the site plan layout and the choice in
our architect and looking at the building, there is an uncompromising
commitment to quality for this project as it goes forward.
We meet all of the legal requirements for small-scale Comp Plan
amendment. We meet all of the requirements for a rezone.
And with that, we're asking the Board of County Commissioners to
follow your staff recommendation of approval for both petitions as
well as the Planning Commission's recommendation for both
petitions. And with that, hopefully we've answered most of your
questions, but we're available to answer any questions.
CHAIRMAN SAUNDERS: Let's see if there are -- do we have
a staff report?
MR. OCHS: Just very briefly.
CHAIRMAN SAUNDERS: Let's do the brief staff report, and
then we'll get into questions if that's okay.
MR. YOVANOVICH: Okay.
MR. OCHS: Mr. Bellows.
MR. BELLOWS: Good morning. For the record, Ray Bellows.
I'm Zoning Manager for the county. I'm presenting both the Growth
Management Plan amendment and the PUD rezone.
Staff has reviewed this petition for consistency with the Growth
December 8, 2020
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Management Plan and found it inconsistent as it currently is stated,
and that's why we have a Growth Management Plan amendment.
This PUD rezone is consistent with that amendment for the Growth
Management Plan.
The Planning Commission has recommended approval 4-1
subject to some conditions that have been added into the PUD
document, and the applicant went over those with you.
We are recommending approval of both petitions, and if you have
any questions, I'll be happy to answer them.
CHAIRMAN SAUNDERS: All right. Anything else in the
staff presentation?
MR. BELLOWS: That's it.
CHAIRMAN SAUNDERS: All right. Let's see -- let's go to
questions from the Commission of the petitioner. I don't see
anybody's light lit up. I do have some questions I'm going to ask, but
anybody else have any questions before I start?
(No response.)
CHAIRMAN SAUNDERS: All right. Mr. Yovanovich, in
terms of the activities that will occur outdoors, I'm assuming there
will be no amplification of music or speech or any of that nature.
MR. YOVANOVICH: We've already committed to no outside
amplified.
CHAIRMAN SAUNDERS: And I think you indicated there
would be no activities at all Saturdays and Sundays.
MR. YOVANOVICH: That is correct.
CHAIRMAN SAUNDERS: And then after -- nothing after 4:00
p.m. and no activities begin before 9:30.
MR. YOVANOVICH: Correct.
CHAIRMAN SAUNDERS: In terms of the size of the building,
you've got 30,000 square feet, and I believe you made a commitment
that there will be no enlargements to that building; is that correct? Is
December 8, 2020
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that part of the --
MR. YOVANOVICH: That's correct. Both the Growth
Management Plan and the PUD cap us at 30,000 square feet.
CHAIRMAN SAUNDERS: You mentioned on the
transportation issue that you would encourage your providers of
materials and all to use Valewood. I would like that to be a
condition, that all providers of materials be advised that they have to
use Valewood.
MR. YOVANOVICH: Absolutely.
CHAIRMAN SAUNDERS: And that a violation of that would
be, quite frankly, a code violation.
MR. YOVANOVICH: Well -- and we would, you know,
strongly speak to those to make sure it doesn't happen again.
CHAIRMAN SAUNDERS: Okay. And then you are providing
transportation.
MR. YOVANOVICH: Correct.
CHAIRMAN SAUNDERS: And I would want all of -- a
condition that all of that provided transportation would be via
Valewood. There would be --
MR. YOVANOVICH: Absolutely, absolutely.
CHAIRMAN SAUNDERS: Okay. In terms of Valewood, if it
becomes crowded in terms of that right-turn lane, you indicated that
there would be construction of additional -- an additional turn lane.
MR. YOVANOVICH: Correct.
CHAIRMAN SAUNDERS: Who determines when that
additional turn lane is necessary?
MR. YOVANOVICH: Your staff.
CHAIRMAN SAUNDERS: All right. I assume staff would
use, I guess, basic standard --
MR. CASALANGUIDA: Yes, sir.
CHAIRMAN SAUNDERS: -- standards for that.
December 8, 2020
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I believe you said that that there would be sidewalks along
Autumn Oaks.
MR. YOVANOVICH: Yes.
CHAIRMAN SAUNDERS: Where would those sidewalks be?
Just in front of your --
MR. YOVANOVICH: It would be in front of our property and
also on Oakes in front of our property.
CHAIRMAN SAUNDERS: And a question for the County
Attorney. One of the reasons that staff -- that the Planning
Commission -- or one of the Planning Commissioners voted no on
this was the concern that this would be a precedent in terms of other
subdistricts. For the record, I don't think this would be any kind of a
precedent to any other type of rezone that may come forward
anywhere in the county, but I want to make sure that we're not setting
any precedent by doing something like this if this is approved.
MR. KLATZKOW: Every land-use application stands on its
own. There is no precedent set.
CHAIRMAN SAUNDERS: There's also a comment from the
Planning Commission, the one member that voted against this, that
the size regarding the project being a regional attraction rather than of
neighborhood size. I'm not sure I understand that. Is there any
requirement that this type of district would only be a neighborhood
attraction?
MR. KLATZKOW: No.
CHAIRMAN SAUNDERS: All right. All right. I don't have
any other questions. Commissioner Solis.
COMMISSIONER SOLIS: I've just got one, and I'm not sure
what to make of this. In the prohibited uses, one of them is
specifically self-help organization for alcoholics. What was the
genesis -- I mean, is that -- does that refer to, like, AA, or what was
the genesis of that? I'm just curious.
December 8, 2020
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MR. YOVANOVICH: That has -- that has been historically a
concern for different civic facilities that are going into
neighborhoods, and the concern usually comes up related to churches
and are churches going to do more than AA meetings. Since we're
not a church, we're not going to be providing those services anyway.
We put that in as a belt and suspenders to assure the community that
we were not going to venture into those types of civic uses at this
site.
COMMISSIONER SOLIS: You know, I just -- I know you've
agreed to it, but this is just -- for me, this keeps coming up, and I
know it came up with regard to some churches in the Estates as well.
MR. YOVANOVICH: And, Commissioner Solis, we have
historically pushed back on church petitions to allow for AA
meetings to occur. Not rehabilitation, but AA meetings for those
things to happen at church locations, because I think that is an
appropriate use at a church facility. I don't know that it's an
appropriate use for this facility.
COMMISSIONER SOLIS: No. And if that's -- if that's
agreeable, that's fine.
MR. YOVANOVICH: Yes.
COMMISSIONER SOLIS: I'm just -- I'm just always curious as
to when these things come up. I mean, was this -- was this something
that came out of discussions with the neighbors? Was it from the
Planning Commission? I'm just trying to understand the history of
this.
MR. YOVANOVICH: It's been there forever, right? I mean, it
was part of the early submittal process.
COMMISSIONER SOLIS: Okay. All right.
CHAIRMAN SAUNDERS: All right. We don't have any other
lights lit up. We do have a public hearing to conduct. How many
speakers do we have?
December 8, 2020
Page 91
MR. MILLER: Mr. Chairman, I have 26 registered in person
either here in the room or overflow rooms and another 10 registered
online. Now, quick examination of those lists, I do know we have
some duplications; some people that are here that have also
registered. I was going to call all the in-person speakers first so we
get that discrepancy taken care of.
CHAIRMAN SAUNDERS: All right. And then I assume that
the Board would like to take a break at some point here for lunch. So
we'll try to get through as much of the public comment as we can,
especially the ones that are in the room. Maybe we can take care of
that, then we'll break and get to the other comments.
MR. MILLER: All right, sir. Your first -- and I will call several
names so people from overflow rooms can get here.
Your first speaker is John Passidomo. He's been ceded three
additional minutes from Dwight Thomas. We did confirm when we
got ceded sheets that these people actually are here.
Mr. Passidomo will be followed by Scott Relf, and then Alen
Silver, and then Phyllis Barlosky -- Barolsky, excuse me.
Mr. Passidomo, you have six minutes, sir.
MR. PASSIDOMO: Thank you, sir.
CHAIRMAN SAUNDERS: And you can take less.
MR. PASSIDOMO: Thank you. I will take less. Good
morning, Mr. Chairman, Commissioners. My name is John
Passidomo. Thank you for this opportunity to address you and thank
you for your service to our community.
I'm a member of the board of trustees at the Naples Senior
Center. In that capacity, I have had a front-row seat for the site
search and selection process culminating in today's presentation to
you. And with your indulgence, I would like to share that perspective
with you. I think you will find it instructive.
The process began -- and I have a slide presentation. If that
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could come up, Troy.
MR. MILLER: Yeah. Just a second. I was unaware, sir.
MR. PASSIDOMO: Thank you.
MR. MILLER: Is that the correct one, sir?
MR. PASSIDOMO: It is indeed. Thank you.
COMMISSIONER TAYLOR: It's very characteristic.
MR. PASSIDOMO: The process began --
MR. MILLER: Get a little closer to the mic. Thank you.
MR. PASSIDOMO: -- yes -- three-and-a-half years ago with
the articulation of these site locational criteria and site and building
design specifications tailored to the unique safety, well-being, and
therapeutic and social service program needs of the seniors we serve.
After a year of futility, chasing down disappointing possibility
after disappointing possibility, we located the subject site and entered
into a contract to acquire the property on July 15th, 2018.
These proceedings ensued, and we received a recommendation of
approval of our application from the Planning Commission on
March 5th, 2020.
Six weeks later, on April 24th, you and we were informed in this
letter from the president of the neighborhood association that the
Gaynor building at Hodges University would, quote, allow the
Naples Senior Center to quickly enter their desired activities,
unquote, and urged to pursue it.
We reviewed the proposal, spoke with the executive vice
president, Erica Vogt, at Hodges and were informed in this letter
from Ms. Vogt that the Gaynor building, while owned by Hodges, is
encumbered by a lease in favor of the Montessori Academy, and the
term of the lease runs through 2031.
The head of school of the Montessori Academy, Kimberly Hunt,
there-after confirmed in this letter that the academy had, indeed, 11
years left on the term of their lease and no intension of relinquishing
December 8, 2020
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their possessory rights.
On July 14th, the Board of County Commissioners adopted this
executive summary acknowledging the essential service provided by
the Naples Senior Center addressing the compelling needs of Collier
County's elderly as well as the importance of finding a location that
can accommodate those needs and suggesting that, before the Board
of County Commissioners consider our application, the County
Manager work with us to explore options for a different site for our
facility.
We were later informed that the county had a site in the North
Collier Regional Park, but the site was comprised of wetland
preservation lands, encumbered by this conservation easement in
favor of the South Florida Water Management District prohibiting
alteration of the site from its natural state. We, therefore, engaged
Collier Environmental Consultants to examine whether or not the
conservation easement could be extinguished and the wetland
preserves permitted for development through the South Florida Water
Management District and the U.S. Army Corps of Engineers.
We were advised in this letter from the consultants that while
the process to permit development on the site would likely take 14 to
16 months, involve considerable expense for mitigation costs and
prodigious amounts of fill and entail not insignificant political risk,
obtaining regulatory approval to develop the wetland preservation
lands, while speculative, was theoretically achievable.
We, therefore, met with the Conservancy to seek their opinion as
to the environmental compatibility of constructing our facilities
within the wetland preserves. The Conservancy told us about a 2016
county feasibility study for constructing ball fields on the park site,
the vehement opposition they and key park stakeholders raised in
response to that proposal, and the resulting withdrawal of that
proposal.
December 8, 2020
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On September 14th, we received this letter from the
Conservancy informing us that in their opinion the wetland preserves
serve an important environmental function, provide a valuable
amenity to county residents, and were, therefore, incompatible with
development.
On September 17th our board of trustees sent this letter to the
Board of County Commissioners advising you that as a not-for-profit
agency serving the public interest we could not and we would not
pursue a process that required impacting protected wetlands and
disrupting the public's enjoyment of a valued public resource.
The Naples Senior Center has conducted an exhaustive search
based on empirical criteria to find an appropriate site that meets the
unique needs of the seniors we serve. We have considered every
possibility presented to us in good faith and with due diligence, and
we have no viable alternative to the subject site to adequately serve
the needs of our community seniors.
Our board of trustees pledges to you to be a good neighbor, and
we respectfully request your vote of approval of our application.
Thank you, Mr. Chairman.
CHAIRMAN SAUNDERS: Thank you.
MR. MILLER: Your next speaker is Scott Relf, and he'll be
followed by Alen Silver, Phyllis Barolsky, and Prentiss Higgins. I'd
like to remind the speakers you can alternate between podiums. So
while that one's being cleaned, you can speak at this one. Thank you,
sir. You will have three minutes.
MR. RELF: Good morning. My name is Scott Relf, and I am --
I own a home seven houses down from the proposed site on Autumn
Oaks Lane, No. 6020, and have lived there for 27 years. And I
strongly support the Naples Senior Center project.
The services delivered by the Naples Senior Center are beyond
reproach, absolutely incredible. And the whole situation with
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COVID has put seniors under even greater pressure, both physically
and mentally. So I think the work that's going to be done by the
Senior Center is incredible.
I'm here not to talk about that. I'm here to talk specifically about
why I believe it would be a great neighbor. And I want to make clear
from the outset that I am very familiar with the Oakes Neighborhood
Association. I've been to many of their meetings; worked with them
on different things for 10 or 15 years. And on this particular issue, I
do not agree with them at all or with their president Tom Ellis' stand
on this issue, and I've communicated exactly why to him myself.
And I've also taken a bit of a role in speaking with my neighbors
about the project and have met with them and spoken with most of
them. And so I'm comfortable with that the chart you saw with the
green property owners displayed are people that I've spoken to, and
they approve of this project and have done so in writing, and this is
why. This is the Autumn Oaks Lane perspective.
The first thing is that it removes that ugly building and fence.
That has been the worst property in the entire neighborhood, and it's
on our street. And every day we drive past it, and every time I go
running, I run past it. It is an eyesore. And getting rid of that will be
of huge benefit to our neighborhood.
The second thing is, it doesn't just get rid of that ugly building
and ugly fence. It replaces it with a really incredible facility. And
we've just seen all of those presentations. It's going to be beautiful,
beautifully landscaped, set back from the street. There are lots of
things that could come into your neighborhood, but that is a really
nice-looking facility.
Third thing is the hours of operation. Absolutely the perfect fit.
And I won't go into the details, but just imagine no weekends, no
evenings, no amplified anything. It's just -- it is the perfect -- the
perfect fit.
December 8, 2020
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Traffic, I know that the traffic engineer and all the studies, you
know, speak to all the details, but I live there. That road is very
lightly used. The county spent over a million dollars to build it, and
it's almost like my private street. I don't even have a neighbor on the
street at the same time I am. There's only 20 houses on the street.
The traffic will very easily be handled by that.
And the last thing I'd like to do is thank Jackie Faffer and her
team. They've already proven to be very good neighbors. They've
met both with large groups and with small groups. They've met with
myself and our neighbors on the street, and they're wonderful people.
I look forward to welcoming them to the neighborhood, and I hope
that you approve this project today.
CHAIRMAN SAUNDERS: Thank you.
MR. YOVANOVICH: Mr. Chairman, if I may. We just got a
text from a Dr. -- I'm going to butcher it. It's -- Sunil is his first
name. He can't come back after lunch. He's online, and he texted to
ask if it would be possible to speak --
CHAIRMAN SAUNDERS: All right.
MR. MILLER: Mr. Chairman, this is a little on the fly.
Hopefully my Zoom person, Lisa, is listening to me. Rich, can you
spell the name?
MR. YOVANOVICH: The last name is P-a-n-d-a-y-a.
MR. MILLER: P-a-n-d-a-y-a. Lisa, if you can unmute --
MR. YOVANOVICH: Pandaya. Yes, that's what I thought. I
just didn't want to mispronounce it.
MR. MILLER: If you could unmute that for me.
MR. YOVANOVICH: And it's Dr. Pandaya.
MR. MILLER: Dr. Pandaya. Lisa, if you can hear me, we'd
like to try to unmute that caller. Are you there, Doctor?
DR. PANDAYA: Yes, I am, sir.
MR. MILLER: Please, sir, you have three minutes. Go ahead.
December 8, 2020
Page 97
DR. PANDAYA: Okay. First of all, excuse my absence in this
very important meeting today. It's not out of convenience but rather
the health and safety of all of you. I work on the front lines in the
acute care hospitals and have been doing so for COVID-19 since
January 6th. I'm also the director of the Naples VITAS Hospice
in-patient unit and, a matter of fact, I have -- I'm working on COVID
on a national level, both telehealth nationally as well as the
Department of State of our fine government. Flying to DC in about
an hour.
Why am I saying all this is because what have I seen? In Collier
County, we've seen 294 true deaths. It's not an error. I've been
involved with probably 20 percent of those deaths, just one physician,
because I deal with the hospice side of things. And what I have seen
is our seniors of Collier County disproportionately affected with this
mortality. I've seen the greatest generation of Americans that have
ever lived, our veterans in World War I and II, devastated by this
pandemic. We have seen loneliness and seniors alone who have, as
Dr. Faffer mentioned, the double pandemic. Imagine all of you being
in a pandemic for the rest of your life. That is what a lonely senior
faces every day.
I live next door to this center, and I am in complete support of
this center, and I hope one day that my children will be volunteers
there, that I will serve there, and that my senior citizen father will be
a member of this facility.
If you look at any of the -- over the satellites, I am the neighbor
on the southwest corner. The entire Oakes frontage of this center will
be facing me. I'm actually looking out over this property as we
speak. A total of 43 cars have passed since 9:00 a.m. on this corner.
It is not a high-traffic location, and anyone who says that cars are
backing up is, frankly, just misremembering facts.
The overall intersection is the only way that I can exit and enter
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my home, and I'm fully in support of this project. Our seniors
deserve a place where they can go both inside and outside. If we had
this now, we would have our seniors being able to enjoy the outdoor
environment even with a mask and face covering ordinance, because
it would be outside.
There are many, many neighbors of Oakes that are unheard that
welcome these seniors with open arms, and we want the seniors to
know that they are welcome in our Oakes family and in my family.
I have attempted to negotiate with the association who are my
friends. I have moved to Oakes because of not only the land but the
people. They are fine people on the other side of this fence, if you
will. But they are fearful of things that are not the case.
And, in conclusion, I would say there is no big money involved.
There is earned money and made money and donated money of
people who have lived the American dream of world-class
philanthropy who are not going to allow this center to fail or to be
causing any irreparable damage to our facility -- our neighborhood.
I also, in conclusion, love what I've heard today, that there will
be enhanced buffers, a right-turn lane potentially, certainly sidewalks,
law enforcement, and a residential style look that looks tremendously
better than what we have today. All of these are concessions made to
the neighborhood, and I thank Jackie Faffer and the board of the
Naples Senior Center for making those concessions and thank you-all
for hearing me today.
CHAIRMAN SAUNDERS: Thank you.
MR. MILLER: Mr. Chairman, your next speaker is Alen Silver.
He'll be followed by Phyllis Barolsky, Prentiess Higgins, and then
Norm Feder.
CHAIRMAN SAUNDERS: Alen, before you start, what's the
pleasure of the Board? Do you want to take a break for lunch, or do
you want to go through the public hearing? The public hearing's
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going to probably take another hour. So do you want to take a break?
COMMISSIONER TAYLOR: Yeah. Maybe a shorter break
than an hour.
COMMISSIONER McDANIEL: No, I've got to go --
CHAIRMAN SAUNDERS: All right. Why don't we take a
recess until 1:00, and we'll reconvene the public hearing at 1:00. All
right. We're in recess until 1:00 p.m.
(A luncheon recess was had from 12:03 p.m. to 1:00 p.m.)
MR. OCHS: Mr. Chairman, you have a live mic.
CHAIRMAN SAUNDERS: Thank you. Ladies and gentlemen,
if you'll please take your seats. The meeting of the County
Commission will reconvene. We were at the beginnings of our
public hearing on the two petitions.
MR. MILLER: Mr. Chairman, your next public speakers are
Alen Silver, followed by Phyllis Barolsky, Prentiss Higgins, and then
Norm Feder. I'll remind our speakers to alternate between the two
podiums, please.
COMMISSIONER TAYLOR: He's been waiting so long.
MR. SILVER: Members of the Board, my name is Alen Silver.
I've been a resident of Naples now for all of nine years. In those nine
years, I helped found Collier County Honor Flight, I helped found
Gulf Coast Veterans and Friends, and now my wife and I, along with
Gulf Coast Veterans and Friends, head up a program called VIP at
the Naples Senior Center. VIP stands for Veterans in Paradise. If
you remember the video earlier, you saw Florence Weinstein, 95,
she's now a 96-year-old World War II veteran. She's the one that
named the group.
So my wife and I have an affinity for the veteran population
here. We've had about 125 veterans go through our organization.
Some, they come, they go, 15 people a month. We meet once a
month for an hour-and-a-half. We bring in guest speakers such as
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Lois Bollen, Wayne Smith. We bring in several other pilots. We've
had the gentleman who is the director of CBS for the space shuttle
flights, and from that we found out that one of our veterans actually
was in charge of getting the spacecraft out of the Atlantic and Pacific
Ocean when he was in the Navy. So he then became a guest speaker.
The importance of the Senior Center to our group is that we also
make sure that our veterans are getting their benefits. And twice a
year my wife and I invite the Veterans Services Offices to come in
and speak. And the good to that is we had a gentleman and his wife
who were living off their savings, and they'd come. We were friends.
We'd go out to eat once in a while. We'd have them at our house.
And because of the association with the Senior Center, he and his
wife now get $850 a month for life. So without the Senior Center, his
life would be completely different.
I'm sure you've all heard of General Douglas MacArthur. There
was a gentleman, Rudy Belacki (phonetic), lived in Naples. Why
Rudy? Why is he important to us? He was General MacArthur's
Jeep driver. Lived right here in Naples. We got to see him once a
month.
There's a gentleman named Frank who attends a memory care
session at the Senior Center. Well, I walked over to this group, and I
asked who were veterans and his hand went up, of course, with a
couple of others. And it turns out Frank had a great perspective on
Pearl Harbor, and I bring that up today because of yesterday. Frank
saw the bombing of Pearl Harbor from the mountains when he was
seven years old and addressed our group in a way that no one else
could have affected the veterans in our group who served in World
War II, which numbered 12, 12 World War II veterans out of 120.
It's larger than the population of the veterans of World War II in the
United States.
It's a pleasure to address you, and I certainly hope that you will
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approve the new location for the Senior Center. Thank you.
CHAIRMAN SAUNDERS: Thank you.
MR. MILLER: Your next speaker is Phyllis Barolsky, followed
by --
CHAIRMAN SAUNDERS: Commissioner Taylor.
COMMISSIONER TAYLOR: I wanted to thank you very much
for your patience. You were standing there when we left for lunch
and you were standing there when we came back. So thank you.
MR. SILVER: Thank you very much for your time.
CHAIRMAN SAUNDERS: Thank you.
MR. MILLER: Your next speaker is Phyllis Barolsky, followed
by Prentiss Higgins, Norm Feder, and then Vicki Tracy.
MS. BAROLSKY: Good afternoon. I've been a resident of
Naples, Florida, for almost 17 years.
I'd like to share with you how I became a volunteer at the center
and the impact I've seen it have on the community.
Seven or eight years ago I heard Dr. Faffer at an event say there
was no senior center in Collier County. At that time my 90-year-old
aunt living up north was going to two different senior centers every
week, and she had been doing that for years. I thought every
community had a senior center. So if we didn't have one here, I
wanted to be a volunteer and be a part of it.
What I've watched the Senior Center do is offer its members
reengagement with life. It's supportive. It's companionship. It's
friendship. With everything that it does, it is dead on attacking social
isolation and loneliness. You've heard a lot about that today. We
know that those two characteristics diminish the quality of life for
people as they age both physically, psychologically, and emotionally.
And I would say to you, in these last six or eight months many
of us have learned a little bit about social isolation as we've redone
things in our own life to keep ourselves safe and our families safe.
December 8, 2020
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So what is the Senior Center doing with its members in this
time? We are delivering meals every week to 50 or 60 of the neediest
seniors, and that volunteer carrying the hot lunch and the bag of
groceries may be the only other face that that senior sees all week
long. We are making telephone reassurance calls to all of our
members, checking in on them, making sure they're doing well.
And last, but not least, our Zoom programming. And if you
think 80-and 90-year-old people can't do Zoom, then you haven't met
the center members. They've worked at learning the technology
because it means so much to them to be connected. And if that is the
best we can do in our environment right now, then gosh darn, they're
going to learn how to do it, and they do.
Naples Senior Center is an essential service. We are the only
game in town. Nobody is offering what we do. We're not here
asking for your money. We're asking for your support. The people
we serve are your constituents. They may be your brothers, sisters,
parents. They're part of this community, and they deserve the dignity
and respect that the center offers. And I hope you'll support them.
Thanks for your time.
MR. MILLER: Your next speaker is Prentiss Higgins, followed
by Norm Feder, Vicki Tracy, and then Tammy Strohl Samuel.
MR. HIGGINS: Good afternoon. Thank you for the
opportunity to speak to you, Commissioners.
My name is Prentiss Higgins. I'm treasurer and vice chair of the
board of trustees for the Naples Senior Center. I have been on the
board for five years, and I'm a resident of Collier County.
Again, as you've heard from others, this is an extraordinary
organization. It provides critical and essential services. It's run by
professionals with a dedicated staff and supported by skilled
volunteers and provides valuable information, programs, emotional
support not only to the seniors but also to their families.
December 8, 2020
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In other parts of the country, such an organization is run by
government and costs millions of dollars, but thanks to this
community we have, which is very philanthropic, it costs almost
nothing for the Senior Center to run as far as the county's concerned.
We spent three years trying to find a location. We've studied very
carefully what the needs are, where our people are, where our clients
are, and where our future clients might come from. And the location
on Oakes -- Autumn Oaks Avenue -- Lane, excuse me, is a perfect
location and fills all the criteria. And you've heard some of them, but
my version of the criteria are sufficient parking and outdoor space to
provide the services that we do; location central to the clients that we
serve; permits the shortest commute not only in distance but in traffic
to get there; provides easy access for seniors who are driving; it can
easily be serviced by public transportation and has the minimum
impact on nearby communities. Anywhere this organization is put
has some impact on communities, and we have tried to minimize
those.
And I thank you very much for the opportunity to talk to you.
MR. MILLER: Your next speaker is Norm Feder. He will be
followed by Vicki Tracy, Tammy Strohl Samuel, and Tom Ellis.
MR. FEDER: Thank you. I'm Norman Feder. I'm here today
not in my capacity as a vice chair for the fire district, North Collier
Fire District, but rather as an individual in strong support for the
Senior Center.
I want to not cover what's already been covered, so I won't take
your time with that, but I do want to provide some emphasis in two
areas. One is on traffic. I've worked, when I was here, as your first
and, I guess, only Transportation Services Administrator, and worked
very directly with a very good community in the Oakes community;
very fine people.
And we did an awful lot in making concessions to address their
December 8, 2020
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concerns about their neighborhood security and traffic impacts.
Every road on connecting over to what was then the extension of
Logan Boulevard was not made an access point at the request of this
community. That meant that they were trying to stop north/south
traffic from going through Oakes and go over to Logan and not have
the connections be there to Logan, and that was one of the conditions
and one of the things that was done to try and address their needs.
Additionally, we essentially, in many respects, for their request,
moved the signal from Oakes over to Valewood so that you didn't
have that signal at Vanderbilt with a signal up at Immokalee as an
encouragement for north/south movement. Yes, this community is a
very good community, but they have very, very limited traffic
concerns because of the efforts that they've undertaken and
undertaken well.
But to add to that, I think you heard today the traffic from the
Senior Center will be rather de minimis especially given the hours of
operation and the conditions that they've placed on the request that
they have before you today.
So I just want to make sure that as someone with some
transportation background in this county that you understood that
there's been a lot done to accommodate their traffic needs and that
this shouldn't undo any of that, especially when the focus is really off
of Immokalee at Valewood.
Now, having said that, though, the other thing I want to add to
you is as an elected official and working with this board and the
outstanding work it does and the city councils, what was interesting
to me when I became involved with Greater Naples Leadership and
past president is the service organizations and what they do in this
community. There's a void from anything that the elected officials do
with taxpayer money. They bring forward services that are critical to
this community. And I want you, in your consideration and
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deliberations, to understand that they are another arm of service
delivery to our residents and to our citizens.
Thank you.
MR. MILLER: Your next speaker is Vicki Tracy. She will be
followed by Tammy Strohl Samuel, Tom Ellis, and then Peter
Goodin. Vicki Tracy?
(No response.)
CHAIRMAN SAUNDERS: Is she online or --
MR. MILLER: I have a slip for her here in the room.
CHAIRMAN SAUNDERS: All right. Let's move on to the
next speaker. We'll --
MR. MILLER: She had to leave earlier, I guess. Tammy Strohl
Samuel will be next, followed by Tom Ellis and then Peter Goodin.
MS. STROHL SAMUEL: Hi. I'm right here. Can I put
something up on there?
So the reason why I came here today -- I am an attorney, but I
didn't come in that capacity. I came because I live on the corner of
Hidden Oaks and Oakes Boulevard, and I am three parcels away from
the prospective Senior Center site.
And my concern and the reason for my chart is to show you that
in 2018, 2019, and in 2020, I have gathered information from the
Sheriff's Office to show you that we have a considerable amount of
traffic stops, citations, warnings, traffic details and crashes already.
So we are a very small neighborhood. We have about 500
homeowners. There is one main street, which is Oakes Boulevard,
and then we have streets that come off of Oakes Boulevard.
And as you can see, in 2020, when you would think that because
of COVID-19 we had reduced traffic, actually, we still had the same
amount of traffic stops, which is 373, as compared to last year, 376
traffic stops.
Crashes, still 16 traffic crashes in our Oakes Neighborhood
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location, and traffic was down. We had 347 warnings, and traffic
details, 19. When you look at these numbers, the impact is supposed
to be a 2 percent impact to our community. In fact, this is a
13.44 percent. It is six times the amount of traffic and crashes in the
community already.
So if you take into consideration that we have already now a
PUD that's coming into play, and it is coming into play already in our
neighborhood, that is another 164 families, okay. So that's regardless
of the Senior Center, which is another 485.
If you put the PUD, which we've already allowed, which is the
165 families, and then the Senior Center, which is 485, you're more
than doubling our area. So it's going to have an enormous impact
between traffic, traffic details, and traffic crashes. It's painting a not
great picture for our community.
Now, do we like the Senior Center? Of course. Do we like its
devotion to the seniors? Most definitely. And I know a lot of the
seniors in there, and I have the utmost respect for them. So this is not
having anything to do with the Senior Center. This is our concern for
the safety of our community.
So we would like for you to take that into consideration when
you're considering putting this facility in our neighborhood.
CHAIRMAN SAUNDERS: Thank you.
MS. STROHL SAMUEL: Thank you.
MR. MILLER: Your next speaker is Tom Ellis. Mr. Ellis has
been ceded three additional minutes from Bob Walker. Mr. Ellis will
be followed by Peter Goodin, Joe Thompson, and then John Boettjer,
if I'm reading that correctly.
Mr. Ellis, you have six minutes.
MR. ELLIS: You can turn that the other direction. Thank you.
My name is Tom Ellis, as the announcer mentioned, and I'm here
today as president of the Oakes Estates Neighborhood Association,
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and I'm representing them. I'd like to just kind of correct something
that was said earlier. I have not had a conversation with Scott Relf at
all about my opinion on this, but I have -- my responsibility as
president of the neighborhood association is to reflect their opinions,
and that's what I'm here today to do.
I have 290-plus letters and emails of neighbors in opposition,
and I'd like to enter those into the record. They're right there by my
seat. I can get them now for you if you'd like, but --
CHAIRMAN SAUNDERS: When you conclude your
comments, just hand those to the County Attorney.
MR. ELLIS: Okay, thanks.
So I've spoken with each of you a couple of times already, so
you already sort of understand the opposition the neighborhood has to
this. But I think I can summarize it in two general categories, and
one is safety, and the other is basic -- the basic character of the
project as it relates to our neighborhood.
The map you see on the tele viewer shows the properties
represented by the letters of opposition.
Regarding safety, you probably should be aware that about 320
of our residences lie to the east of Oakes Boulevard. The only
sidewalk we have in the neighborhood is on the west side of Oakes
Boulevard, and it gets used a lot. And so most of the community has
to cross Oakes Boulevard twice in order to use that sidewalk, and we
have walkers and joggers and bicyclists and people pushing baby
carriages and walking their pets. And so there's an awful lot of traffic
along that sidewalk and back and forth that cross Oakes Boulevard.
We also have 75 driveways that open onto Oakes Boulevard.
Oakes is a narrow, two-laned road with no berms, no bike paths, and
no curbs. And so there's already a certain amount of, I think, safety
concern around that just -- just in terms of the amount of traffic that
the neighborhood presents there and the nature of the roadway.
December 8, 2020
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I made it my business to pace Oakes Boulevard a few times a
week. What I mean by that is when I turn on -- whether it's from
Vanderbilt or from Immokalee Road, I'll set my speed control at 39
miles an hour. It's a 35-mile-an-hour zone. And I can pretty much
tell by looking in my rearview mirror whether the person behind me
is from the neighborhood or if they're not. And the way I can tell is,
typically, the people that are not from the neighborhood come right
up on my bumper, and they push me all the away down Oakes
Boulevard where someone who's turning into a driveway or turning
onto one of the side streets is typically following at a safe distance,
not feeling, you know, slowed down by a 39-mile-an-hour car. And
so I've proved that to myself a number of times over the years that
I've lived there.
And when I get to the end of the street, if I -- for example, if I'm
going north and I turn on Autumn Oaks Lane, then the person that's
trying to get out of the neighborhood behind me takes Oakes to
Immokalee Road. If I go north on Oakes, they turn right onto
Autumn Oaks so they can get away from me. They're just trying to
get through the neighborhood.
And that's a different kind of a traffic issue than the neighbors
that are coming in and out because -- and I think you can probably
relate to this. When you're driving through your own neighborhood,
you're probably a little bit more aware of something that maybe
doesn't look right or doesn't belong there. You kind of know your
neighbors and, you know, who aren't your neighbors.
And so we can tell the difference, or I can tell the difference,
and I think my neighbors have represented to me that they know a lot
of times when the people that are in their neighborhood or on their
street either are residents or aren't residents.
And so I think that the traffic study that's done indicates what
Tammy just said, that the increase in traffic from the Naples Senior
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Center is expected to be about a 13 percent impact on our traffic
where normally the maximum impact would be somewhere around 2
to 3 percent.
So I think what that says is that we can expect Naples -- the
Oakes Neighborhood can expect more traffic, people that are
probably senior citizens, driving through our neighborhood to get to
the Naples Senior Center.
They've asked for an exception on their parking to increase
parking from one per 10 in attendance to one for every 200 square
feet. That's about a -- triple the parking they're requesting versus
what would typically be expected for that type of a facility, and that's
another sort of confirmation that the Naples Senior Center expects a
lot of their people to come and self-drive and park and -- rather than
take public transportation or be dropped off and picked up.
The neighborhood all recognizes that what's there right now is
an eyesore, and that needs to change, and it's unfortunate, but the
owners of that property have done nothing to maintain or improve
those buildings in the last 30 years, and it shows. I think that also
brings into question whether that current C-3 zoning that's on that one
five-acre parcel in the corner is really still applicable or not.
So it's clear that the property's not currently being used by the
owners, and so we challenge whether that C-3 zoning should
continue. And I think it's sort of -- I think it's sort of --
CHAIRMAN SAUNDERS: We need you to wrap up, if you
would.
MR. ELLIS: Yeah. It's sort of insincere to say that this is the
only place in Collier County where the Naples Senior Center can
perform their mission. We echo everybody's positive comments
about the mission.
CHAIRMAN SAUNDERS: Thank you, sir.
MR. MILLER: Your next speaker is Peter Goodin. He's been
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ceded three additional minutes from Terry Iamurri, and will be
followed by Joe Thompson, John Boettjer, and Michael Vitte.
MR. GOODIN: I think Michael ceded time to me as well. Is it
possible to check that?
MR. MILLER: Yes, sir. I'm sorry. He did not mark it on the
correct spot, but he did. Do you have items to display on the
visualizer, sir?
MR. GOODIN: Yes, I do.
MR. MILLER: Then you'll want to use that podium over there.
MR. GOODIN: I'm sorry. I don't know how it works.
MR. OCHS: I'll help you, sir.
MR. GOODIN: For the record, my name is Peter Goodin. I'm
an Oakes Estates resident; Collier County senior citizen.
Commissioners, thanks for this opportunity.
First, I'd like to applaud the Naples Senior Center for their
service to local seniors. Second, I'd like to applaud the county for
offering an alternative location for the Senior Center on
Collier-owned property on Livingston.
In short, this is a great project, but it is definitely in the wrong
location. This would be NSC's flagship facility and would attract
clients from all over the county. This raises the question of why it
should be located just three miles from the northern boundary of
Collier, the largest county in Florida, and within a low-density
residential neighborhood of semirural character.
A majority of homeowners in Oakes Estates are opposed to
adding a facility of this size within our neighborhood. It would be,
by far, the largest thing in Oakes Estates. They also object to the
traffic it would add to Oakes Boulevard.
Households marked in blue on this map have sent a letter to their
Oakes Estates Neighborhood Association opposing the project, and if
I may point out that a lot of what you see that's green is vacant lots.
December 8, 2020
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Oakes Estates residents have instructed our neighborhood
association board to oppose the project because there did not seem to
us to be any change that the NSC would be willing to make that
would result in a compromise that would be acceptable to our
residents.
Choosing not to negotiate does not come naturally to our
association's board. They've given conditional approval to churches
and a medical office building on Immokalee Road after negotiating
neighborhood-friendly changes in the developer's plans. We're not
insensitive to the rights of owners of undeveloped property in the
neighborhood. We do, however, object to the petitioner's use of
projects on Immokalee as justification for projects entirely within our
community.
If you accept their argument, where does their reasoning lead?
To the proliferation of nonresidential uses down Oakes Boulevard.
The difficulties with the NSC project boil down to two
insurmountable obstacles: Location and scale. This location does
not allow traffic to enter and leave the center from a major arterial,
Immokalee Road, as the already approved medical office building to
the north will.
The petitioner's convention [sic] that Valewood would serve as a
sort of a driveway for the center overlooks at least a couple of things.
First, many of their clients will prefer not to use I-75 to access the
center. I can't blame them. The average speed of traffic on I-75
bears no relation to the speed limit. And if there's anyone in Collier
County who prefers to use Immokalee Road when they don't have to,
I haven't met them.
Also, these -- the clients that live between Vanderbilt Road and
Pine Ridge are unlikely to backtrack south to use I-75 just so they can
use the Valewood entrance. They're going to use Goodlette or
Livingston northbound to reach Vanderbilt eastbound and then head
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north on Oakes Boulevard. Many Estates residents, even those to the
north in our neighborhood, will tell you they'd do the exact same
thing in reverse; anything to avoid Immokalee Road.
Now, to address the scale issues with the project. The First
Congregational Church is across Autumn Oaks from the proposed
center. The church is permitted a maximum capacity of 275 people
and has a parking lot with 110 spaces. They, essentially, operate one
day a week. The proposed Senior Center is asking for a maximum
capacity of 485 people and 200 parking places. They propose to
operate five days a week.
Now, elsewhere in Golden Gate Estates, the Golden Gate Master
Plan stipulates that nonresidential development on major arterials be
separated from residential Estates land by transitional uses. So what's
wrong with this picture? The proposed center is not transitional by
any measurement of scale; not by size, not by crowd capacity,
parking, or frequency of use.
Now, I'd like to shift gears. I'm a senior driver. I remember
when everyone used to have to shift gears. The traffic study
commissioned by the petitioner's focused, as traffic studies do, on
trips per hour, road capacity, et cetera, peak loads; however, the
population the center serves is not reflective of county drivers at
large. As a senior driver, I have a lot of company in Collier County.
In 10-years they expect 30 to 50 percent of Collier drivers to be
senior drivers. I've taken the AARP driver's safety class twice
already. I've kept the study materials from that course, and I'd like to
draw your attention to Unit 3 of the AARP Florida workbook safety
strategies.
I've highlighted the line. Quote, pick the safest route. You
might want to avoid high-speed or interstate roads, end quote. Okay.
As I've already shown, you'd be able to get to the Senior Center from
almost anywhere in populated Collier County by using
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lower-volume, slower, and lower-speed arterial roads. Because they
are recent designs, Collier Boulevard, Livingston, and Vanderbilt
extension in particular have the advantages of a 45-mile-an-hour
speed limit, limited intersections, and many dedicated turn lanes.
Their relative lack of commercial development means they have
lower volumes and fewer turning vehicles than a road like
Immokalee.
When you get to Oakes Boulevard, however, your last two miles
are on an old, two-lane, residential road with eight intersections,
numerous driveways, school buses and school kids, garbage trucks
and U.S. Postal, Amazon and FedEx delivery trucks. But, hey,
you've avoided I-75 and Immokalee, which are easily more
dangerous to senior drivers, right?
I hope there are Estates parents here today to tell you what they
see cut traffic -- cut-through traffic doing on Oakes Boulevard when
they drop their kids to get the school bus or pick them up. My kids
are long grown and, anyway, my point is not about the risk to my
neighbors of the increase in traffic on Oakes. I want to go back to
those eight intersections on Oakes.
There's another page from my AARP driver's safety program
workbook. The graph is titled, "Percentage of drivers in fatal crashes
who were involved in multiple vehicle intersection crashes by driver
age." You see the steady increase particularly after age 65. This is
not because we are inherently unsafe drivers; we're not. We're just at
higher risk of injury and death in an accident than younger drivers
are.
When you graph this kind of data as road fatalities per 100,000
miles driven, there's an even more dramatic increase with age. Why
is this? Well, it's because we seniors don't drive as much or as far as
the rest of the drivers on the road.
The very simplest and easiest way to reduce risk to a senior
December 8, 2020
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driver is to decrease the number of miles they have to drive to get
where they want to go. And, therefore, the best thing that the NSC
can do for Collier seniors, their clients, is to choose a more central
location for their flagship facility, a location on a safe, 45-mile an
hour, underutilized, recently designed arterial road. The county has
already offered one alternative. The fact that NSC did not find it
suitable does not mean others don't exist.
Eventually, the satellite facilities that NSC has proposed may go
a long way towards reducing their client's risks if and when they're
built. Until then, if an NSC flagship facility is needed and desired,
NSC and Collier County need to work together to find a safer and
more appropriate location than Oakes Estates.
You owe it to our seniors. Thanks for your time.
MR. MILLER: Your next speaker is Joe Thompson.
Mr. Thompson has been ceded additional time from Bill McCurdy
and Ben Ramsey. He'll have a total of nine minutes. And
Mr. Thompson will be followed by John Boettjer, John Nicola, and
Karl Fry.
MR. GOODIN: I do know that Mr. Boettjer had to leave.
MR. THOMPSON: Thank you, sir. For the record, Joe Thompson,
5881 English Oaks Lane, Oakes Estates.
I'm here today to speak in opposition to the proposed new
location of the Naples Senior Center within a residential community,
my residential community, Oakes Estates, which is undeniably a
residential neighborhood.
If you look at us, we're a residential enclave. We're surrounded
by major arterial roads. We have eight residential east/west lanes in
our neighborhood. We have one major residential road going
northwest, which is Oakes Boulevard. There's no question that we're
residential in character.
We're analogous to Logan Woods, Livingston Woods, Pine
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Ridge Estates, these little enclaves of Golden Gate Estates that are
within the county that are so highly regarded because we have the
serenity and peacefulness of the Estates but we're within a convenient
location. That's why all of us love living there.
So we have about 500 property owners made up of sizes of
one-and-a-quarter acres to about two-and-a-half acres in size.
So when you think about, over the years, the county has really
reaffirmed our status as a residential community through a number of
items. One of those would be the fact that the four-laning of Oakes
Boulevard was taken off the table. I think that's a pretty good
recognition that, you know, we need to continue to stay as a
neighborhood because four lanes would change the character of our
neighborhood.
Part and parcel with that, when Livingston was extended, the
idea of punching Livingston through the finger streets on the east side
was taken off the table. So we're bordered by Livingston -- or I'm
sorry, Livingston -- Logan Boulevard on the east, we have I-75 on the
west, Immokalee Road on the north, and Vanderbilt on the south. So
the idea of punching Logan through the finger streets was taken off
the table.
Another big initiative that happened was that the speed limit was
lowered to 35 miles an hour on Oakes Boulevard. Clearly
recognition that we're a residential neighborhood. There are over 70
driveways on Oakes Boulevard; mailboxes, driveways. The bus
stops at the corner of every residential lane, and Oakes Boulevard
picks up the hundreds of kids that live in our neighborhood. I have
three kids myself. We have tons of kids on our street.
And the last thing was the addition of a neighborhood park in
Oakes Estates. The county gave us Oakes Neighborhood Park, which
is on the west side of Spanish Oaks Lane. You don't just get a
neighborhood park in Collier County. We had to meet strict criteria.
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We had to check the boxes that we are, in fact, a neighborhood. We
have children. We have people that will actually utilize it. My
understanding is we're one of the busiest bicycle paths to that park.
Keep in mind, our park, we have zero parking spaces. You cannot
bring a vehicle there. That's recognition that we're a very
pedestrian-oriented neighborhood. We have to walk to our park. We
have to bicycle to our park, we have to walk our pets, we have to jog,
take our golf cart, whatever. And guess what? We have to cross
Oakes Boulevard. And Oakes Boulevard has no crosswalks. We
have no traffic circles. We have zero traffic-calming devices,
anything along Oakes Boulevard. And guess what? 80 percent of
Oakes Estates, approximately, lives on the east side of Oakes Estates.
So if we want to cross over and get to the sidewalk, we have to cross
Oakes Boulevard. We have no sidewalk. We have no bike lane on
the east side of the neighborhood. So, undeniably, we are a
residential community. There's no question about it.
And the notion that this project is not within a community is
preposterous. So this is one block into our community. On the
corner -- it's not on Valewood. It's on the corner of Autumn Oaks
Lane and Oakes Boulevard, two residential streets in our
neighborhood, tons of residential homes.
And also, the interesting thing is these properties don't even
have access to county infrastructure. There's no water or sewer
connection to these properties right now. It purely would be well and
septic if they were developed residentially.
So in a county that's 2,300 square miles, the largest county in the
state of Florida, the representatives for the Senior Center can tell you
that this is the most suitable site for a 30,000-square-foot regional
attracter that has desires to become even larger in scope and get more
members? I just don't think that that's conceivable, that's the first
place I would think of of putting that facility. It just doesn't make
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any sense to me at all.
So the other thing to note, which is really important, is that this
is a very major petition. It's a companion petition. One of them is a
Growth Management Plan amendment.
So you're all very familiar with the Future Land Use Element
map of Collier County. We've all seen that, which is effectively the
constitution, the foundation of growth in our county. And in
reviewing the Future Land Use Map and the Golden Gate Future
Land Use Map, I have not seen one single subdistrict in the history of
Collier County that's ever been approved in a residential community.
So the idea of a land-use precedent is very real. There's nothing
that would ever stop somebody else from coming before you or a
future commission down the road and saying, well, we have a
subdistrict in another residential area. Why couldn't we do this in
Logan Woods? Why can't we do one in Pine Ridge Estates? Why
can't we go to Golden Gate Estates? Why is that off the table?
Precedent is precedent. There's no question that this is going to
alter the landscape of Collier County. Why would we step backwards
and go back to patchwork planning and development and get away
from all of the sophisticated and sound planning programs that we
have in the county, like the Rural Lands Stewardship Area and the
Transfer of Development Rights program?
The county's come a really long way in a long period of time,
and this is going backwards. This is not smart growth.
And I don't want to conflate two things, because I think the
representatives for the Senior Center are conflating the mission with
the land-use decision. This is not an up or down vote on the Senior
Center. We all support the Senior Center and what you guys do. I
don't think there's a single person in here that doesn't support what
the Senior Center does. We know that they are a deserving
organization. We know that there's a need in Collier County for what
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they do. There's no question about it, but this is a land-use, strictly,
decision. This is not about, do we support the Senior Center?
Everybody does.
And the fact that they already have a location, they just want to
grow, well, let's help them find the appropriate location to do that.
And in a residential community is not the appropriate location to do
that, and that's exactly what's being proposed here.
And real quick on the record, it's been mentioned a couple of
times. The county offered an alternative site to the Senior Center. I
don't know how many times in the history of Growth Management
Plan amendments -- maybe the County Manager can address it -- has
the county, a public entity, stepped up to a private petitioner and said,
hey, I think we have an alternative site for you? And, by the way, the
alternative site is at a regional park in North Naples which would be a
more appropriate location to absorb the level of impact you're going
to have on the surrounding area. I don't know that that's ever
happened before. So the gesture for that to happen speaks volumes to
this proposed petition before you today about it not being located in
the appropriate location currently for what they're desiring to do. So
I really think there needs to be some thought and consideration put
into that.
And last few points. The Senior Center is a highly organized,
well-connected non-profit. They have a location currently. They're
not a fledging organization. They're not loosely organized. They
have a number of very astute professionals that are behind that
organization, and rightly so. They deserve to have that. They were
able to raise $10 million, $10 million. There's no reason to think that
they wouldn't be able to raise more money in the future for another
location if necessary. They have the backing of very influential
philanthropic individuals in Collier County. That's never going to
change. That's not going to go away.
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So this decision -- again, I don't want to conflate the two items.
There's a mission of the Senior Center that everybody agrees with,
nobody's against that, and there's the land-use decision before you
and the ramifications and the consequences associated with that as it
relates to precedent in neighborhoods and the future of Collier
County.
So thank you very much.
MR. MILLER: Mr. Chairman, your next speaker I have as John
Boettjer. I do believe our previous speaker said he had to leave, but
I'm going to call his name anyhow. Mr. Boettjer?
All right. Let's move on. We can come back to him. Your next
speaker is John Nicola. He will be followed by Karl Fry, and then
Daniel Delisi.
MR. NICOLA: Commissioners, thank you for your time today.
Many of the residents -- and you see on this map here, too, again --
over 275 of my fellow residents have sent and expressed the fact that
this application should be denied for specific reasons. And, again, we
need to set aside the Naples Senior Center mission -- because it is a
wonderful mission. And we all agree to that, again -- and look at it
for what it is truly is, which is too large of a facility proposed within
a transitional use.
According to the Golden Gate Master Plan, a transitional use
should be a bridge between commercial and residential uses, and
those transitions are used for low-density nonresidential neighboring
uses.
Now, we have a regional facility that's to serve the entire Collier
County area, from Marco Island to North Naples, including southern
Lee County. In addition to this, in their own application, it clearly
states this tract does not qualify under the GGAMP for a transitional
use or -- I'm sorry -- for a transitional conditional use. So under their
own admission this does not qualify for this use here.
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This is not transitional in size. Located directly north of this, as
you heard, is the First Congressional Church. This facility is
approximately 10,000 square feet. We're talking about transitioning
up to 30,000 square feet, not downward to a smaller building. That's
a 300 percent larger increase and up to a probably eight times the
residential -- a normal residential home of about, you know, 3,200
square feet.
And as Tony said, and others have said, you know, we've
worked tirelessly to maintain the rural nature through our park, from
reducing the speed limit. And a regional use is simply not
compatible for this. Again, we love the mission; do not like the
location.
Also, we heard that one of the Planning Commissioners had the
wherewithal to deny this for three reasons; those are traffic,
precedent, and size. And this Planning Commission person was
Mark Strain, probably one of the most well-respected Planning
Commissioners ever in the history of this county, and those are the
three reasons why he did it. And we do feel that this is setting a
precedent. Whether you believe it or not, others will come forward
and say, this is -- this was done here. We want to use it. Everybody
else going forward will use this and pull this out of the record.
In addition, it was stated earlier that this -- that they've done
everything to make this compatible. I don't see how a
30,000-square-foot facility is compatible with a residential
neighborhood.
And my last point: We heard earlier that the Naples Senior
Center is clearly financially stable. We understand that. We get that.
I just feel that there's more suitable locations than taking a residential
parcel and up-zoning it to a residential neighborhood.
Thank you. Appreciate it.
MR. MILLER: Your next speaker is Karl Fry. Mr. Fry has
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been ceded time from Darren Samuel, from Jim Rice, from Jose
Elarde, and Sarah McCurdy for a total of 15 minutes. And Mr. Fry
will be followed by Daniel Delisi and Stephanie Molloy.
MR. FRY: I will not need 15 minutes, just to put you at ease.
MR. MILLER: And I've got a PowerPoint to bring up for you,
don't I, Mr. Fry?
MR. FRY: Good afternoon, Chairman Saunders, members of
the Board of Collier County Commissioners. My name is Karl Fry.
I'm here speaking as a private citizen. I am -- I do have the great
honor of warming Commissioner LoCastro's seat on the Planning
Commission days. I've been on the Planning Commission for about
two years. I want to thank Commissioner Saunders for the
nomination. I'll tell you that it's been a great -- just a great experience
to be on the Planning Commission.
When this matter came before the Planning Commission, my
objectivity was called into question, and County Attorney Klatzkow
suggested that I recuse myself. I honored that request, and I thank
him for looking out for my interests.
So I'm here today speaking as a private citizen. I'm not here to
take a position for or against this. I'm here partly because I live in
Oakes Estates, about a quarter of a mile from this parcel, but also
because I have been on the Planning Commission for a couple of
years, and sitting up there, I come in with one goal, and that is to
understand an issue, all aspects of it, and so that I can make an
informed decision, at least for my part, so that we just make the best
interest [sic] in the interest of Collier County as well as the
neighborhoods that are impacted.
So I'm here because -- I think -- because of a little bit of another
unique nuance to it is that I have been or was on the board for Oakes
Estates from 2003 off and on until I resigned to join the Planning
Commission. I was president for nine of those years. I was president
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at the time when we were approached by the Naples Senior Center to
come and take a look at the project. I was a part of the team of the
board, went to the Naples Senior Center's current location for
presentation, then we had them hosted -- them at our facility.
Troy, how do I --
MR. MILLER: Space bar or the right arrow. Either one, sir.
MR. FRY: Thank you.
So in the interest of a picture painting a thousand words, I've
created a PowerPoint, because I want to bring up really a -- I want to
answer a question that I think is lingering under the surface here, and
then I want to pose one question so that you -- things that I think are
important for you guys to consider as part of your decision.
So here you see Oakes Estates, and this is an aerial view of
Oakes Estates. Vanderbilt on the south, Immokalee Road on the
north. Two miles long. Speed limit 35. It was mentioned it was
lowered from 45 to 35 in deference that it is a residential neighbor.
And you see from the aerial, this is 500 homesites. Nobody in our
neighborhood considers this to be a haven for commercial activity. It
is a residential area.
I counted on the aerial, and I counted 73 residential driveways
on Oakes Boulevard. So anybody coming up Oakes Boulevard
passes 73 driveways as they travel north or south.
Single access. Oakes Boulevard is a single access for 500
homesites.
It's zoned urban estates. And I know that we have our -- we've
made amendments to the master plan for the urban estates, the rural
estates, and, you know, the Golden Gate area as well. So our zoning
is one dwelling unit per two-and-a-quarter acres.
We have -- years ago, while I was president, we -- we negotiated
with Standing Oaks PUD. That's 164 condos and townhomes located
in part of our neighborhood. Only access on Oakes Boulevard. So
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whenever that traffic is added, you have 164 more homes who will
enter and leave based on Oakes Boulevard. So that will increase our
traffic.
And I'm not here -- I'm actually not here to talk about traffic
counts. I've been on -- sitting up there for two years. I have never
really seen the traffic counts impact the decision one way or the
other. It's always been a factor, but I've never seen it make the
decision one way or the other. I really -- differently. So here's where
the Naples Senior Center is in relationship to our entire
neighborhood. It's up near the northern border. Not quite on the
northern border, and it's one block removed.
So the question that I wanted to answer with pictures is, well,
what difference does it make -- what difference does one block
make? We're almost on Immokalee. We're just down that short
Valewood Drive from Immokalee Road. So why isn't this very much
the same as being on Immokalee Road?
So here's Immokalee Road. This is the Southbrooke PUD. It
came before us a number of years ago. They came before you with a
letter in hand written by me with the support of our board in support
of their facility. The key is where it says no access from Autumn
Oaks Lane. It is two 20,000-square-foot buildings. That's 40,000
square feet. Larger than the Naples Senior Center. No opposition
from the neighborhood. Why? Right-in, right-out, two locations.
And then it's always up to the county, you know, do we need a
median cut, a turn signal? How do we arrange for U-turns? But
you'll notice that there's no impact from Oakes Estates from this.
They came in with our full support.
Now imagine what if Naples Senior Center was on Immokalee
Road or any other major collector or arterial road in Collier County.
If it was Oakes Boulevard, if this is the place where the Southbrooke
PUD, again, here's what the access would look like. I think it's
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coming. We would not be here. Nobody from Oakes Estates would
be here speaking in opposition. I will go on the record formally. I
love the mission of the Naples Senior Center. I love the people with
the Naples Senior Center. I'm honored to know some of them and
have gotten to know them through this process.
I would only point out for your consideration that this is not a
jury verdict on the mission of the Naples Senior Center. This is a
land-use equation. The question is, does this project belong in this
location? And I just want you guys to have all the facts and all the
different viewpoints to make that decision. So, similar, they would
be here with a letter of support from President Tom Ellis if this was
on Immokalee Road.
So now you say, okay, here's Valewood over towards the left.
Now let's take a look -- oh, and I want to just point out recently we
approved, and I believe you did, too, the Jewish Federation, the
addition to the Temple Shalom, because the traffic was very similar
to this on Pine Ridge.
All right. So what difference does moving the NSC one block
inside the neighborhood make? We had a light, and as former
transportation administrator mentioned, it was moved over a block to
create better separation and for our intent to cut down on cut-through
traffic to our neighborhood. Now, that imposed some complexities
when they finally did open up Valewood. A three-way stop was
entered -- was added at Autumn Oaks, and then a right-out-only stop
sign was entered -- was added at Oakes and Immokalee Road.
So this traffic -- this slide is about, what is our current traffic.
So you can come eastbound on Immokalee, head down Oakes. You
can head up Immokalee -- I'm sorry. You can come westbound,
make the jog. We call that area where you take those three turns, we
call that the jog. You can come up Oakes, and you can go eastbound.
If you go to the light at Valewood, you can then go eastbound or
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westbound. So you say -- you'll see we have a few options in and out
but a rather convoluted traffic pattern as it is.
Now, we talk about entering the Naples Senior Center as
proposed in its proposed location. So there it is. Two ingress points.
And I will show you the -- you can come eastbound. You can -- you
have two options coming eastbound down Valewood. You can come
westbound on Immokalee, down Valewood, up Oakes. You can
make the short turn in. So those are the multiple ways. There's four
ways into the Naples Senior Center.
How about exiting? Two egress points, mostly at the stop sign,
the four-way stop. So however you get to that stop sign, you then are
going to get up to the light at Immokalee. You can go east; you can
go west. Furthermore, you could go out to the stop sign and down
Oakes if you'd prefer to avoid I-75 and Immokalee. If Valewood is
backed up, you can go up to Oakes and make that right-out and get
on Immokalee eastbound that way.
All right. Now, let's look at all the traffic routes around the
proposed NSC. This is the Oakes background traffic, all the ways in
and out. Here comes all the ways into the Naples Senior Center.
And these are the ways out of the Naples Senior Center. So what do I
point out --
Is there a pointer of any kind that I might use?
The mouse, oh, okay. You'll just note -- I'm just going to highlight
this. You'll notice that there is a lot of -- a tremendous amount of
activity. This is the main entrance and exit for Naples Senior Center.
People from Autumn Oaks are approaching that. People traveling
through Oakes are approaching that stop sign. People coming in and
out of Oakes Estates, whether it be Naples Senior Center or the
Oakes residents, are approaching the stop sign. That is -- there are a
lot of options and a lot of different flowing traffic there. Similar up
here this -- this there's a lot of activity at this stop sign and then,
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obviously, at the light you've got pretty much everything possible
happening. So this is one block off the major roadway versus on a
major roadway.
So I think there's a -- maybe a presumption that there's a
NIMBY point of view in the Oakes Estates residents that, no, we
don't -- you know, not in my neighborhood, not in my backyard,
NIMBY. And, obviously, after my years on the Oakes board, we
never took that approach while I was there. I do not believe that's
what's happening here. I think it's a serious consideration for you.
I love the Naples Senior Center. I would like them to have a
home. I'd like to volunteer for them. I've done a little bit; I'd like to
do a lot more. The question before you, I think, is a little bit more
complicated; it's really, is this an appropriate site?
The one question I want to ask, is this -- because that was an
attempt to answer the question, what difference does one block
make? The question I'd want to ask is, I've circled the
nonconforming use of those old, abandoned garages on that property.
That -- and I could speak as former president of Oakes Estates
Neighborhood Association, we were approached at least twice prior
to the Naples Senior Center by entities that were entering into a
contract to purchase that property, and they wanted to do something
commercial. First it was condos, and the Oakes board said, we
believe that's residential property. It's zoned one per
two-and-a-quarter acres. No, there would be some opposition to that.
The next one was mini-storage units. It was an owner of a major
design firm around here, came and presented to our board. I'd like to
build 100,000 square feet of multi-storage units. Low traffic, you
know, they're pretty much included in every major development that
we do now commercially. We said, there's going to be significant
opposition.
As a board member, all we ever tried to do and what kept me up
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at night was I did not want to stand up here -- or none of our people
did, wanted to stand up here and represent something we did not
believe was really the majority, a vast majority sentiment of the
Oakes Estates residents.
So -- and my question is this: It's a nonconforming use. The
Cypress Cycle down here is, I believe, also a nonconforming use.
Once it's no longer used as a cycle shop, it becomes residential again.
Oakes Estates -- I'm sorry, not Oakes Estates, but Estates zoning, one
per two-and-a-quarter acres.
So you have this property, you know, that's been cobbled
together into 13 acres. You have a property owner that is
understandably interested in maximizing the revenue on the property.
And my question is this: Is this a one off or are there others in
Collier County that are just inside a residential neighborhood that are
also interested in getting a much higher return on their investment by
selling residential property at a much higher commercial price?
So I, of course, abide by your decision. I just wanted to enter
into what I thought was maybe some unique input from my
background on this and hope you'll take it all into consideration in
making your decision.
CHAIRMAN SAUNDERS: Mr. Fry, can I ask you a question?
MR. FRY: Yes, sir.
CHAIRMAN SAUNDERS: We've heard a bunch of different
numbers here in terms of number of units. I understand there are 275
letters or emails in opposition -- someone had said 290, but the most
recent number I heard was 275 -- and that there are 500 units in this
project. Are there -- is this community kind of split 50/50 in terms of
support and nonsupport? What's your sense of that?
MR. FRY: I would be unable to answer that. I'm not part of the
board, and I was not part of the efforts to gather the neighborhood
sentiment. I will tell you this, that it's very hard -- these people live
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in Oakes Estates because they like the independent lifestyle. They
like to not be told what to do and do what they want.
A lot of people it's hard to get an answer from. We did have an
initiative to put a stop sign at Spanish Oaks where we had had some
accidents. And we had -- we did surveys. We got 70 percent
response and were conservative enough to say, we are not going to
move forward with that because we're not sure we've heard from
enough of the neighborhood. You'd have to ask Tom Ellis, president
of the Oakes Estates Neighborhood Association, or someone else to
answer that question.
CHAIRMAN SAUNDERS: Commissioner LoCastro, do you
have a question?
COMMISSIONER LoCASTRO: Just a quick question. You
presented a map that showed where the medical center was supposed
to be and that if the Senior Center was there, you know, Tom Ellis
would bring a letter supporting -- you know, the whole community
supporting it. But what would keep seniors from going up Oakes
Boulevard and making a right on Immokalee and then going into that
secondary location? I mean, it seems like the big issue is the traffic
on Oakes. So why would it -- moving it over there on Immokalee
really change anything? People could still come up Oakes, make a
right on Immokalee. People would take I-75 and exit and go off
Immokalee. It seems like it's sort of same, same. What am I
missing?
MR. FRY: Well, I was hoping my slides would bring that to
life. What is the difference is that there is no entrance that's actually
within Oakes Estates. So while, yes, even for Southbrooke PUD,
people could come up Oakes and make that awkward jog, the three
extra turns to get there versus taking the highway, we did not have to
compete with them in terms of adding more of a convoluted traffic
pattern at the three-way stop. Now it would be a four-way stop at all
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these intersections.
So while, yes, I do think some people would do that, I think that
the main thing is that it's not inside the neighborhood. You're looking
at a major -- not, you know, a 30,000-square-foot two-story building
in the middle of what I think most people consider to be a residential
neighborhood, and then the competition for the traffic and the same
routes that everybody is traveling to get to the Naples Senior Center.
CHAIRMAN SAUNDERS: Commissioner Taylor.
COMMISSIONER TAYLOR: Yes. Pleasure to see you here.
MR. FRY: Thank you.
COMMISSIONER LoCASTRO: Your question at the end, is
this a one off? So I can only ask -- give you some maybe
reassurance.
I live in a neighborhood, Lake Park. Lake Park is bounded on
one side in the City of Naples by U.S. 41, kind of the Immokalee
Road, and on the other side it's Goodlette Road. And they're lovely
single-family homes through there. Been there a long time. But 10th
Street is a road that parallels 41.
And we had that question several years ago, because the
commercial area that is on 41 was redeveloping, and we were sure --
we were sure that it was commercial creep. We knew it. We fought
the expansion of the car dealership at the time. We lamented and
worried and got very much involved in what was really going on, and
today the houses that back up onto that commercial development that
front 10th Street are redeveloping. There wasn't commercial creep.
They are valued as homes, and that's the way they're remaining. So
that's just a comment to you that -- your question caught my eye, and
I thought, let me just communicate that with you.
MR. FRY: I appreciate that, and I'm just grateful for the
opportunity to speak and to make sure that everything's on the table
for you to consider.
December 8, 2020
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CHAIRMAN SAUNDERS: All right. Let's move on to the
next speaker.
MR. MILLER: Your next speaker is Daniel Delisi, and he will
be followed by Stephanie Molloy. That's our final in-person speaker.
Then we'll move on to our six Zoom speakers. Alan Jaffe and Bobbi
Sutton. Mr. Daniel Delisi.
COMMISSIONER McDANIEL: Mr. Chair?
CHAIRMAN SAUNDERS: Yes.
COMMISSIONER McDANIEL: Mr. Tom Ellis is right there if
you wanted to ask him about the percentage of membership. You
asked that of Karl.
CHAIRMAN SAUNDERS: Yeah. Okay. I wasn't going to,
but --
MR. ELLIS: I was standing in the hall, and I heard your
question, so I poked my head in the door to see.
But I guess what I would say to you is I don't know the answer, but I
think it's probably not likely that if you get half of the people respond
in one way that the other half who haven't responded at all are going
to be on the other side. That would be my guess.
CHAIRMAN SAUNDERS: Thank you, sir.
MR. MILLER: Your next speaker is Daniel Delisi, followed by
Stephanie Molloy.
Ms. Molloy, are you here? I don't see Mr. Delisi coming up.
Ms. Molloy, will you please come on up. Ms. Molloy, if Mr. Delisi
does not arrive, will be followed by Alan Jaffe on Zoom, Bobbi
Sutton, and then Dan Lavender all on Zoom.
Ms. Molloy, you have three minutes.
DR. MOLLOY: Good afternoon, Mr. Chair, Commissioners.
My name is Dr. Stephanie Molloy, and I reside at 6131 Spanish Oaks
Lane.
I oppose the proposed district and zoning changes and
December 8, 2020
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respectfully request the Commission deny this request.
I've heard people speak today of the value and the need for a
senior community center, and I agree with that. I'm wholeheartedly
behind their mission; however, that is not the question for
deliberation today.
The request under consideration is to change a large-lot
residential neighborhood, residential zoning to a subdistrict for a
community center and change the Estates zoning district of the
properties to a Planned Unit Development zoning. I, like most
people, look at neighborhood and zoning. What are my potential
neighbors going to look like when choosing where to purchase a
home to live, considering both property values and lifestyle.
I chose this location in western Golden Gate Estates more --
over a more urban setting based on those parameters. I wanted a
larger lot, a more rural setting with families but wanted to be closer
west and so chose to pay that higher premium for having that larger
lot in a semirural residential neighborhood.
You've heard other Oakes residents speaking today, but the
western Golden Gate Estates residents have spoken before at the
Golden Gate Area Master Plan restudy workshop held by the Collier
County Planning Commission section on October 20th, 2016. One
question at that workshop that was asked was, the western Golden
Gate Estates will be distinctive and a premier location for and a
complement to Lee County, dot, dot, dot.
The most frequent answers to that question were: Residential;
large lots; noncommercial. And as an aside, I get that this is
technically a noncommercial venture, but the layperson would not
know the difference between a residential and this -- and not being a
commercial; and neighborhood. Those were the top answers.
Another question asked was, what is the full potential of the
western Golden Gate Estates? The highest number of respondents
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said: No change, residential, large lots, single-family, rural.
Again, I fully support the mission of the Senior Center; however, I do
oppose locating a new center in a large-lot semirural setting
residential neighborhood that is not zoned for such an activity, and
I'm confident that the proposed center will find an appropriately
zoned location.
We've heard the petitioners state earlier at previous meeting that
they have 60 -- 80 members and have grown to 1,400 members with
20 staff and additional volunteers. What concerns me is that these
numbers will increase. I'm a resident. We've just adopted a new dog,
so instead of walking once a day, I now walk twice a day. I live on
the east side. I have to cross Oakes --
CHAIRMAN SAUNDERS: We need you to wrap up, if you
would.
DR. MOLLOY: -- twice. I've almost been run over on multiple
occasions. It is a safety issue. It is a lifestyle issue. And I do
respectfully request that you deny this petition.
Thank you very much.
CHAIRMAN SAUNDERS: Thank you.
MR. MILLER: Mr. Chairman, we're moving on to our Zoom
speakers now. I'd like to remind our Zoom speakers, after we unmute
you here, you may need to unmute yourself on your end.
First up is Allen Jaffe followed by Bobbi Sutton and then Dan
Lavender.
Mr. Jaffe, are you with us, sir?
(No response.)
CHAIRMAN SAUNDERS: Mr. Jaffe, are you with us online,
sir? All right. Alert to my Zoom people. Let's move on.
MR. JAFFE: I'm unmuted.
MR. MILLER: Mr. Jaffe, thank you, sir. You have three
minutes, sir.
December 8, 2020
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MR. JAFFE: Thank you. Chairman Saunders and
Commissioners, thank you very much for the opportunity to address
you. I hope I will not repeat too much some of the things that have
been said.
As Dr. Faffer described, isolation, loneliness, and dementia will
only grow and more so in Collier County than elsewhere in the
nation. Each of us or our families may fall victim to these
circumstances. Indeed, COVID-19 has surely underscored this
reality.
This body is empowered to act in the best interests of Collier
County and all its citizens, all its citizens, and I am confident that it
will do so.
The need for facilities and organizations like the Naples Senior
Center, of which I am the chairman of the board of trustees, the needs
to confront, respond to, and help the seniors in our community cannot
be questioned, nor can we question the absence of sufficient facilities
and agencies to do the jobs that is needed. Is it not important to fill
this gap? Is it not important to plan for the needs of our senior
population? Is this not a public health imperative?
I submit that the answer to these questions is clear. But why this
location? Much has been said about this already. Over 40 percent of
our 1,400 members live in this district, almost 650 persons. We have
searched for several years, several years, for a location that has
sufficient space, parking, and in an area where most of our members
are located. And we appreciate the offer that was made by the
county, but John Passidomo very effectively told you why that is
really quite inappropriate for us.
The site is on the northern edge of the Oakes Neighborhood
touching the Immokalee commercial corridor, and as the Planning
Commissioners observed by a 4-1 vote, any claim that it is in the
heart of the neighborhood is simply not the case.
December 8, 2020
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We will build a beautiful facility properly landscaped to fit
within the neighborhood, a location that will have walking paths in
this parklike setting, conducive to thoughtful contemplation by those
whom we serve.
Compared to what some say is an eyesore that exists there now,
our site will enhance, not devalue, the property, and to suggest
otherwise is sheer speculation.
We have voluntarily agreed to many limitations on operations
including the number of attendees, the hours, the days of operations,
as well as limits on future uses of the site.
We want only to help make Collier County a better place. We
are not a commercial business seeking to make a profit. We wish
only to help people. We are supported by private donations from
Collier County citizens and foundations. We ask nothing else of the
county other than to grant our application and to allow us to serve
those of its senior citizens who need our assistance in an appropriate
setting.
Thank you.
MR. MILLER: Your next speaker is Bobbi Sutton, followed by
Dan Lavender, and then David Rutstein.
Bobbi Sutton, are you with us online?
MS. SUTTON: I am.
MR. MILLER: You have three minutes, ma'am. Please begin.
MS. SUTTON: Thank you. I'm here today as a resident of
Autumn Oaks Lane, the actual street that this building would be
placed on. I would have to drive right past this property every day to
enter and exit my home. So when we speak about the traffic and the
impact that it will have, it will definitely affect my family and my
neighbors that live on that actual street.
I'm definitely opposing the Naples Senior Center. Their desire
to build within the boundaries of my residential community would be
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a detriment to my family, my Autumn Oaks Lane neighbors, and all
of the Oakes Estates residents. It will affect the character of our
neighborhood, our quality of life, and our property values.
We chose to live in Oakes Estates to provide us with a lifestyle
that did not include sharing our residential street with a two-story
building. While Naples Senior Center's mission is to do good for the
elder population, they wish to do so at the expense of yet another
population, the Oakes Estates residents. That's approximately 500
hard-working, tax-paying property owners. They believe their
mission to help the elder population supersedes our rights as
residential property owners.
The COVID-19 pandemic has changed the way we all live our
lives, conduct business, and connect with others. As of now, I
believe the Naples Senior Center is operating virtually. At this time,
we do not know how long this pandemic will cause those who are at
risk to eliminate their social interaction. At this time, the Naples
Senior Center can easily operate within their current space.
If you approve a change of zoning that allows this commercial
building to be built within our residential boundaries now, then you
are voting yes for any business Naples Senior Center might wish to
sell it to in the future. Voting on how the building will be used by the
Naples Senior Center today doesn't prevent future owners or
occupants from changing the use or hours of operation in the future.
Our residents will be the ones to suffer, and we've experienced this
with other church entities in our neighborhood already.
You may be voting yes for the elder population today, but what
you're really doing is voting against our homeowners. You would
then be relinquishing all responsibility or concern for what or who
occupies that space in the future. This will create a domino effect
that could have a drastic effect on our neighborhood as well as my
street.
December 8, 2020
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Can you change the zoning of this property in good conscience
when you can't guarantee what will become of it in the future? Can
you ignore the property owners' rights for an unknown entity to
occupy the building in the future when a property is absolutely within
the confines of our quiet neighborhood?
Don't allow yourselves to be county leaders who are later
blamed for the destruction of a quiet and peaceful neighborhood. I
care about the elder population in this community. My opposition
would be the same if this were a daycare for children, who I also care
deeply about. I don't believe the rights of other supersede my rights
as a homeowner who not only has a financial stake in this issue but
also a quality-of-life issue for Oakes Estates residents.
I also sent you-all an email last evening.
CHAIRMAN SAUNDERS: I'm sorry. We need you to wrap
up, if you would, please.
MS. SUTTON: I just wanted to briefly remind you of an email I
sent last evening regarding to some barrels that were buried on this
property more than 20 years ago, and this is something that needs to
be checked out --
CHAIRMAN SAUNDERS: Okay. Ms. Sutton.
MS. SUTTON: -- and confirmed. Yes.
CHAIRMAN SAUNDERS: Okay. Thank you. Your time is
up.
MS. SUTTON: Thank you.
MR. MILLER: Mr. Chairman, your next speaker is Dan
Lavender, followed by David Rutstein, and Jay Baker.
Mr. Dan Lavender, are you with us online, sir?
MR. LAVENDER: I am.
CHAIRMAN SAUNDERS: You have three minutes, sir.
Please begin.
MR. LAVENDER: Thank you. Thank you, Commissioners, for
December 8, 2020
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this opportunity to speak and the time you're taking to address this
important issue.
As it's been stated, I'm Dan Lavender, the CEO and President of
Moorings Park. It has three CCRCs in Naples serving approximately
1,000 residents. I've been at Moorings Park for 15 years and have
over 15 years prior to that serving seniors. I'm here today to support
the Naples Senior Center. It is essential to the care and well-being of
older adults in Collier County.
As you've heard, the Naples Senior Center is a center of
excellence that provides activities, programs, and socialization that
help our senior population remain healthy and engaged.
Research at every level indicates that seniors who are isolated
and lonely suffer extreme healthcare consequences, whether it be
increased risk of dementia, increased incidences of illness.
Ultimately, isolation leads to earlier mortality and, as you heard from
Paul Hiltz earlier, this center will bend the curve of all those negative
outcomes.
I recognize that this hearing is about location and zoning, and
that may seem unrelated to the services, but I can tell you from our
experience at Moorings Park, the environment you provide can be
just as important as the programming itself. This site will enhance
the services.
Many representatives from Moorings Park have toured the
existing facility and witnessed the existing programming. It's why
our foundation is an ardent supporter, including providing several
good grants. The current site is no longer adequate to meet the
growing needs for the services.
This site will enable the sitters -- the centers members to enjoy
healthy outdoor activities in a peaceful, serene setting that isn't
available nor could be in any commercial center. This property is
simply ideal for the Naples Senior Center with its proximity to
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Immokalee Road. And I am confident, knowing both the leadership
and governance of NSC, that it will be a very neighborhood-friendly
operation. I've actually been amazed listening to the vast
commitments NSC has made to ensure just that.
My responsibility gives me the joy of interacting with older
adults every single day. It's a wonderful, diverse, and vibrant
segment of our population with immense value. Accommodating this
zoning request seems like the right thing to do to ensure these
members have a nurturing environment in which they can enjoy
camaraderie and friendship.
Commissioners, thank you for your leadership, especially in
these tough times. Now is the chance to enhance the needed service
for our community. I encourage you to support our community's
older adults by saying thank you -- or saying yes to this request.
Thank you for the time.
MR. MILLER: Your next speaker is David Rutstein, followed
by Jay Baker, and then Steven Bracci.
Mr. Rutstein, I hope I'm saying that right, and are you with us?
MR. RUTSTEIN: Yes, I am here. My name is Dave Rutstein,
and I'm a board member of the Naples Senior Center.
The commissioners in Collier County have a long history of
discerning what is in the public interest and then acting in that public
interest. Over the years, you've chosen to identify and protect the
public's broader interests, not just the interests of one individual or a
group of individuals.
This case presents an unusual set of circumstances. Here we
have a non-profit organization with a remarkable record of
achievement and success which has come forward to say two things:
We want no public money, and we're committed to taking care of the
interests of seniors as we've been doing without ever asking for
public dollars. All we ask is that you permit us to build a building
December 8, 2020
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which will be worthy of these seniors and which will be of immense
benefit to the county itself. We're saying, just approve this request,
and we will take it from there.
And we're an organization, as you heard, which will be a good
neighbor. Traffic will be within acceptable limitations. The hours of
operation will be reasonable. The property will be well screened, and
we've designed sufficient parking.
Now, the timing is of utmost importance. We have all the
elements in place now ready to go. As Mr. Yovanovich explained,
we have secured pledges of money sufficient to build and maintain
the facility. The basic plans are drawn. The contractor's in place.
The sentiment of the board of directors, the staff, the volunteers, and
the seniors we serve is unanimous. All participants and all
constituencies have moved in the same direction. They all support
this project enthusiastically.
And as you've heard, most of the adjacent property owners, who
are the most directly affected, are comfortable with our plans. We
hope that you will now see that all of the pieces of the puzzle are in
place. Everything fits together. The time is right. The time is now,
today. You now have the opportunity to provide this county with a
world-class facility which will fulfill a public need without the
expenditure of any public funds.
Thanks very much.
MR. MILLER: Your next speaker is Jay Baker, followed by
Steven Bracci.
Mr. Baker, are you with us online, sir?
(No response.)
MR. MILLER: Mr. Baker?
(No response.)
MR. MILLER: Mr. Baker, you may have to unmute yourself.
Are you with us, sir?
December 8, 2020
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MR. BAKER: Can you hear me now?
MR. MILLER: Yes, sir, Mr. Baker. You have three minutes.
Please begin.
MR. BAKER: Thank you. Hi. I'm Jay Baker. I'm a board
member of the Naples Senior Center. I want to thank the
commissioners for letting me speak.
As you may know, my wife Patty and I love Naples. We've
lived in this community over 20 years and have supported many
charities here. Several years ago we attempted, with a couple of
other friends, to build a senior center, but we didn't have the right
leadership and, unfortunately, it didn't work. We might have been
too early, also.
So then my friend told me about three years ago or so, four years
ago, about a new senior center, and there was a Dr. Jaclynn Faffer
that was running it. I had never even heard of it. It had gotten no
publicity. And I heard then later she rented a 500-square-foot area
on -- close to where we live, actually. She had two part-timers with
80 seniors. And with continued hard work and determination, we
now have a staff of 20, 225 fully vetted and trained volunteers, and
we serve 1,400 people.
We got the second floor, and I joined the board shortly after, and
I saw that we were just so crowded. You couldn't hardly park when
we'd have our board meetings. You know, if you didn't get there at a
certain time, you couldn't even park there. We were -- already had
too many people there.
What I've also seen is that we've looked for over three years to
try and find a location. It is very difficult in Naples to find -- in
Collier County to find a location. It's a hot area, and when there are
some locations, there are many businesses that want to get those
locations. We don't fit well in some big commercial area because
that's not what our seniors are used to and what they want.
December 8, 2020
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Somebody mentioned, are we -- this location, why it's so good.
One of the reasons, nearly half the seniors that are with us live within
a short drive from this location. So it's an incredible location for us.
And when I saw it, you know, we were so pleased to see something
with 13 acres, and we have space -- outdoor space. We would do all
the things to make this look right and do right.
So let me say, during this time, when we had to close the Senior
Center, we found something very interesting. Jackie didn't just give
up. She actually goes to the office with the people, and we reach
about a thousand people every week to make sure there's somebody
talking to them to try and help them. Because of this loneliness and
this pandemic on top of it, there's a friend out there to help you.
Also, we found out there were people that were having trouble
getting food, so we got in touch with Wynn's. And Michael Wynn is
on a board that I'm on. He's a terrific guy. I said, can you help us
out? In two minutes he said yes.
CHAIRMAN SAUNDERS: Mr. Baker.
MR. BAKER: And now we've been able to help these people.
CHAIRMAN SAUNDERS: Mr. Baker, we're going to need you
to wrap up, if you would, please.
MR. BAKER: Okay. I would like to end it in really saying,
we're all going to be seniors one day. Patty and I are seniors right
now. And we need this so desperately for these seniors. It's grown
this big because of the incredible need.
So I'd like to just say to you, this is such a need, so important.
You've seen traffic studies. You've seen all the other things. You
understand those. This is one of the greatest needs in this
community, and you can make this happen for us.
Thank you so very much.
MR. MILLER: Mr. Chairman, your next speaker is Steven
Bracci, followed by Michelle Bracci.
December 8, 2020
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Mr. Bracci, are you with us online, sir?
MR. BRACCI: Yes, I am. Can you hear me?
MR. MILLER: Sure. You have three minutes, sir. Please
begin.
MR. BRACCI: Thank you.
My name is Steve Bracci. I reside in Oakes Estates. I've been
an attorney since 1994, and a Florida licensed attorney since 1998,
moved to Collier County in 1999, and have been active in real estate
development and real estate law since then.
The explanation provided by the Naples Senior Center as to the
massive countywide need for this large facility is the very reason why
it cannot go at this location, because it violates the Golden Gate Area
Master Plan. The applicant has not provided relevant and appropriate
data under the Community Planning Act, Chapter 163 Florida
Statutes, to show both the need and the 30,000-square-foot intensity
of need at this location.
The applicant supports this project based on a needs study for
senior and indigent services within the entirety of Collier County and
also Lee County all the way to Estero. In fact, they tout a need so
large that they anticipate that people will drive up and down
Interstate 75 destined to daily for our semirural neighborhood.
The application violates the following provisions of the Golden
Gate Area Master Plan: Goal 1, to balance the need to provide basic
services and to provide a well-planned mix of compatible land uses
which ensure the health, safety, and welfare and quality of life for the
local residents. The Golden Gate Area Master Plan was planned and
instituted to address specific geographic areas. Goal 1 of the plan is
to balance those needs. To repeat, this talks about local residents. In
this context, the local residents are the residents within the specific
geographic area of the Golden Gate Master Plan, not the county at
large and certainly not Lee County all the way to Estero.
December 8, 2020
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Compare, for example, the applicant's own admission that in the
future they will have local satellites for various areas. This makes
sense. Localized need and corresponding localized services. They've
not done that here. They've created a massive needs study two
counties wide, all of which will then be compressed into our
semirural neighborhood burdened with a 30,000-square-foot
supercenter with I-75 serving as the spine road.
This application also violates Objective 1.4 of the Golden Gate
Area Master Plan to provide a living environment within the Golden
Gate area which is aesthetically acceptable and protects quality of
life. They talk about wanting a pastoral setting for themselves failing
to recognize that it's not -- pastorality is not a two-way street. We
neighbors within Oakes Estate have pastorality amongst ourselves
with our larger Estate lots, but by contrast, their 30,000-square-foot
supercenter will usurp our own pastorality. We're giving them
pastorality but not vice versus. Again, that goes to compatibility.
The application also violates Goal 5 of the Golden Gate Area
Master Plan, which is to balance the desire by residents for urban
amenities within the Golden Gate Estates with the preservation of the
area's rural character as defined by limitations on commercial and
conditional use.
Certainly, a 30,000-square-foot regional destination with I-75 as
the spine road is not preserving the area's rural character. It's
basically turning it into a regional center like other large regional
centers and, again, so large, as somebody mentioned earlier, that this
county was considering moving them to the regional park. That
admission alone and the vote by this commission to establish a study
to put them there shows that you guys know that this is not
appropriate for a semirural neighborhood.
CHAIRMAN SAUNDERS: Mr. Bracci, we need you to wrap
up, if you would, please.
December 8, 2020
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MR. BRACCI: I'll do so.
Chair Saunders, just in closing, I just want to remind you that for
the last two years at your town hall you've mentioned your desire to
protect the residents and neighborhoods, and you mentioned that
people come to Florida and pick neighborhoods because of their --
wanting to have a nice neighborhood and have it be stable and not
change, and I would suggest that now is the time to make good on
that pledge.
Thank you.
MR. MILLER: Mr. Chairman, your final registered speaker for
this item is Michelle Bracci -- Bracci, I'm sorry.
Ms. Bracci, are you with us online?
MS. BRACCI: I am. Can you hear me?
MR. MILLER: Yes, ma'am. You have three minutes. Please
begin.
MS. BRACCI: Okay. Good afternoon. My name is Michelle
Bracci. I'm an owner on Hidden Oakes Lane. My backyard is
adjacent to the southeast corner of the proposed site, and I oppose the
proposed new NSC location in my neighborhood because its PUD
operational standards will always be subject to change. The site is
also a regional attracter that will draw people countywide and beyond
into our neighborhood.
One of NSC's themes has been, what you see is what you get;
we will stand by our commitments. Informational pieces and public
statements from NSC cast doubt on the veracity of that statement.
Back in September of 2019, they set forth their proposed PUD
operational standards to limit hours from 10 to 3 with rotating
schedules, never on weekends or evening hours, with Wednesday
lunch of 150 and maximum daily attendance of 280. At that same
time their own website contradicted those figures, showing programs
from 9:30 in the morning, sometimes ending after 4:00 p.m., and also
December 8, 2020
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a history of two Saturday programs and one evening event that
occurred at the Castello location.
Later in January of 2020 at the NIM and on the -- and their
website, those standards continued to change. Most noteworthy, they
increased the Wednesday lunch to 200 and the center's average daily
attendance to 335 with now a maximum attendance of 485. They
also showed multiple double-booked programs with program end
times as late as 4:30 p.m.
Later in February, Grady Minor filed an exhibit within the
county's record that changed the PUD standards to include
programming from 9:30 in the morning to 4:00 p.m. and staff hours
from 8:00 to 6:00 and also added for the first time ever that the center
would be able to obtain special-event permits permitting outdoor and
amplified music, and this specifically was previously denied by
Naples Senior Center, including today.
Later again, in March of 2020 at the Planning Commission
meeting, those objectives continued to change, and we saw
something new. It was the addition of cafe time added to its daily
calendar, which was also shown in an exhibit this morning.
Naples Senior Center has denied all food services other than the
catered Wednesday lunch at the site.
This pattern of evolving standards is of concern to Oakes.
Naples Senior Center and Grady Minor have adamantly maintained
that the PUD -- that the PUD is what sets an unwavering limit to the
Naples Senior Center uses. A PUD, however, is never absolute, has
loopholes later used to justify expanded uses, and may be amended to
add principal and accessory uses and operational standards. This is
essentially what Naples Senior Center has done throughout this
process by continuing to revise all of these standards based on Oakes
concerns.
The fact that they, by their own study, identify as a regional
December 8, 2020
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attracter is problematic because they'll continue to draw increasing
numbers of attendees from a two-countywide area, and that alone
may require a PUD amendment for capacity reasons.
I'd like to highlight two specific volume and regional attracter
concerns. The first is the food pantry, which is an allowed accessory
use --
(Simultaneous crosstalk.)
CHAIRMAN SAUNDERS: Ms. Bracci, we're going to need
you to wrap up, if you would, please.
MS. BRACCI: I will. Thank you.
-- open Monday through Friday to all of Collier County. This
raises questions of volume and traffic. The second is their outreach
programs. In a November 2015 video, Ms. Faffer highlights their
multiple relationships with organizations like Shine, other civic
services, and healthcare providers, again, bringing in accessory
services and other programs to use their site.
So for these reasons, we ask that the BOCC direct the Naples
Senior Center to source a nonresidential location on an arterial
roadway that's suitable for a regional attracter.
Thank you.
CHAIRMAN SAUNDERS: Okay. Do we have any other
speakers? I know there were several that you called --
MR. MILLER: I've not heard from any of the in-person
speakers that we've called, and that was our final registrant online,
sir.
CHAIRMAN SAUNDERS: Then, without objection, I'll close
the public hearing.
(Cell phone rang.)
CHAIRMAN SAUNDERS: We're now at the stage of listening
to dance music -- at the stage of questions or comments from the
Commission, unless you have --
December 8, 2020
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MR. YOVANOVICH: Can I address just a few of the
comments?
CHAIRMAN SAUNDERS: Yes.
MR. YOVANOVICH: I will not try to address every comment,
but -- Troy, can --
MR. MILLER: Yeah.
MR. YOVANOVICH: Thank you. I -- bear with me. I want to
address, kind of, themes, if I can, why this location is an important
theme that needs to be addressed, and the reality is we've been at this
for three-and-a-half years to find a parcel of property that meets the
needs.
The reality is the Oakes Association or representatives of the
Oakes Association has given us multiple leads, if you will. None of
which panned out to be an appropriate location to meet where the
current members are and the future members are as evidenced by this
exhibit right here that shows you where our current membership is.
And we all know where the development of Collier County is,
and we all know that the urban area is essentially built out. So to find
a parcel of property that meets the needs of seniors in Collier County
in an appropriate location is no simple task. If there was a location
that wasn't going to affect somebody, we would have found it.
And to say that because the county offered a wetland piece of
property to the Naples Senior Center to go through the development
process that the county itself decided to not go through when the
opposition to that impact of a wetland area is not a -- is not a
reasonable alternative provided by the residents of Collier County or
Collier County staff. We appreciated the look at that but, at the end
of the day, that was not an appropriate location to relocate the Naples
Senior Center.
So, yes, we can stand here today and tell you that this is the best
December 8, 2020
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location in Collier County for the Naples Senior Center based upon
the existing available land and the facts as they exist today.
I will tell you that I found it interesting that somehow Mr. Fry
was able to put a 13-and-a-half acre development on a 5-acre piece of
property. I don't know how he did it, but you can't put 13-and-a-half
acres on five acres, and that's the exhibit he showed you. He
superimposed our project on a five-acre piece of property and didn't
eliminate anything. So you can't -- you can't do what he did. It
doesn't fit on that piece of property.
The experts in traffic that analyzed this petition took into
consideration the Standing Oaks development that one of your
speakers brought up. Jim Banks took that into consideration. It was
reviewed by your staff and an independent staff, Jacobs Group, to
verify that we will not have a negative impact on the safety of Oakes
Boulevard or the streets within that community.
Now, keep in mind that Oakes -- the Oakes community got the
county to eliminate Oakes Boulevard -- it was supposed to be a
four-lane road. It was -- they got it down to a two-lane road. The
Oakes community has refused to interconnect their streets with
Logan Boulevard, which is something the county would like to see
happen so they would have another way out. They imposed those
restrictions upon themselves, and yet the transportation consultants
have all said, with those self-imposed limitations and desires, the
streets will, in fact, be safe, and they will operate appropriately and
meet all the level-of-service standards.
So the experts in transportation have said, there will not be a
negative impact on the Oakes Boulevard or Autumn Oaks Lane or
Valewood Drive, and safety -- traffic will, in fact, be safe.
The reality is, we are not in the middle of the Oakes community.
We are proposing a first-class neighborhood senior center -- or the
Naples Senior Center on the edge of the Oakes community right by
December 8, 2020
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Immokalee Road. I thought Commissioner LoCastro's question or
comment about traffic -- even if we couldn't put 13-and-a-half acres
on a 5-acre parcel, people from the south would still be going up
Oakes Boulevard to get to Immokalee Road to get to that center.
The traffic patterns are better where we're currently located
because you will, in fact, have the ability to get in and out on a traffic
signal on Immokalee Road, unlike the other option. This location is
the best location. It meets the needs of seniors. You've heard it from
other experts. Dan Lavender, that's his mission is to make sure that
seniors receive the services that they need and they have the
appropriate services. He told you this was the right location. We
stand by this project being in the right location, not negatively
impacting the Oakes community.
It reminds me -- and I can't remember if Commissioner Solis
was on the Planning Commission at the time or not, but one of your
speakers said this is similar to Pine Ridge, the community. Well, I
live in Pine Ridge, and the Pine Ridge community went through the
same analysis when Covenant Church was going through an
expansion. And, believe me, there were a lot of people in Pine Ridge
concerned about the cut-through traffic for people to get through and
get to that church from Goodlette-Frank Road. They were worried
about cut-through traffic, and it was a church. It was a daycare. It
was all of these activities that were associated with the church, and
the community was concerned about that. That's where the condition
to have a police officer came about to make sure that if there were
traffic issues, they would be addressed by that police officer being
there when necessary.
You recently approved an expansion to Covenant Church. I
think we added about 13,000 square feet to the overall church on
your summary agenda. We made, like, a two-minute presentation to
the Planning Commission because the residents of Pine Ridge
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realized that their worst fear was incorrect.
I know there is concern in the Oakes community, but we know
that those concerns, once we are up and operating, will not come to
fruition and that this is a valuable asset, just like Covenant Church
turned out to be a very valuable asset to the Pine Ridge community.
And we are requesting that you follow your staff, your professional
staff, and your expert's recommendation, together with your Planning
Commission's recommendation, to approve both requested petitions.
And with that, I'll answer any questions. I'm not going to get
into every detail of every comment that was made, but I just wanted
to deal with those themes.
CHAIRMAN SAUNDERS: All right. Are there any questions
from the Commission?
(No response.)
CHAIRMAN SAUNDERS: I do have one. I don't see anybody
else's light lit up at this point. There's been some comments about
this being a regional attracter, including attracting clients, customers,
seniors as far away as Estero.
Can you talk a little bit about the needs analysis that your client
did and what the service area is of this facility?
MR. YOVANOVICH: The reality, there is a tremendous need;
there is a tremendous need in Collier County. But generally, based
upon the location of this, I can't tell you that there's not going to be
somebody not coming from southern Lee, but the demand is based
upon the demand of Collier County and the need to serve Collier
County residents.
CHAIRMAN SAUNDERS: Do you have members there now
that are from Lee County?
DR. FAFFER: A handful.
MR. YOVANOVICH: Jackie said there's a handful of
members.
December 8, 2020
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CHAIRMAN SAUNDERS: Jackie, if you'd come on up.
Jackie, again, the question is dealing with whether or not this is a
regional attracter. You've indicated that there were a handful of --
DR. FAFFER: We have a handful of members from Lee
County, Southern Lee. We have a few members from Estero in our
dementia respite program. I will also tell you that in the last six
months, I've provided consultation to Lee County organizations, an
organization in Estero and Bonita towards the development of their
own senior centers. So there will be senior centers north of us as
well.
CHAIRMAN SAUNDERS: Okay. So in terms of advertising
to seniors that this facility is there, how do you do that, and do you
advertise in Lee County for that?
DR. FAFFER: Well, we don't advertise. But people from Lee
County -- it's too far for them. So there's -- for the most part, it's
Collier County, and it's all of Collier County.
CHAIRMAN SAUNDERS: Okay. Mr. Yovanovich showed us
a chart -- just a second -- hang on a second -- showed us a chart that
had the location of your members.
DR. FAFFER: Yes.
CHAIRMAN SAUNDERS: It looked -- if you could put that
back up. It looked like the vast bulk of them are within a short
distance of this new location, and I just want to make sure that --
those numbers are correct.
DR. FAFFER: They're correct, and they were our guiding light
as we were looking for an appropriate location.
CHAIRMAN SAUNDERS: All right. Commissioner Taylor.
COMMISSIONER TAYLOR: Yes. Hi, Dr. Faffer. It's my
understanding that this is how you founded [sic] your current
location, is that correct, by the numbers?
DR. FAFFER: Yes. In fact, the studies said -- congratulated us
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because it was the bull's eye on the target.
COMMISSIONER TAYLOR: And the -- how long has your
current location been open?
DR. FAFFER: Since 2014.
COMMISSIONER TAYLOR: And have you had any
complaints? Because there is residential around you. There is
commercial and residential. Are there any complaints or any kind
because -- you know, that's -- that lunch on Wednesdays is a popular
lunch.
DR. FAFFER: Yes.
COMMISSIONER TAYLOR: I remember parking in your
parking lot and how well organized it was. But there's a -- there --
you know, that is a very popular event. Were there any complaints
from anyone at any point?
DR. FAFFER: We take being a good neighbor very seriously,
and when we saw that parking was becoming an issue, we hired valet
parkers, because we developed a relationship with the church on the
corner, and we hired valets for Wednesdays. And then as our
programs grew, we hired valets for every day of the week, so it was
not a problem.
COMMISSIONER TAYLOR: Thank you.
CHAIRMAN SAUNDERS: All right. I don't see anybody
else's light lit up. I am going to make just a quick comment, then I
think we're probably ready for a motion.
MR. CASALANGUIDA: No, sir, if you were going to
deliberate. I was going to say, if you're going to have a conversation,
it might be appropriate to give Terri a break. I know her fingers have
been nimbling away; 15 minutes past normal.
CHAIRMAN SAUNDERS: All right. Why don't we take a
break until 3:00 p.m.
(A brief recess was had from 2:47 p.m. to 2:58 p.m.)
December 8, 2020
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CHAIRMAN SAUNDERS: Ladies and gentlemen, if you'll
please take your seats, we'll reconvene the meeting of the County
Commission.
Commissioner Taylor, your light is lit up. I'm not sure if you
have some questions or if that's left over from before.
COMMISSIONER TAYLOR: No, it's not left over from before.
I'd like to make a statement if --
CHAIRMAN SAUNDERS: Absolutely. Sure.
COMMISSIONER TAYLOR: In speaking with Dr. Faffer just
now at the break, I think there's some confusion with the public that
the Senior Center has nighttime events. They do, but it's different
places where they have gatherings outside of the Senior Center.
Maybe a country club or a hall somewhere where they gather people
together at that time. I'm not sure that's even happening right now.
DR. FAFFER: No.
COMMISSIONER TAYLOR: Also, really, they have been such
a great neighbor in my district again and again. They don't charge
people to go there. The need for food is incredible with the seniors.
They opened up a food pantry. That's how they got people to come
there. When they -- when they approach people to partake of what
they offer, they never do it with a hammer. It is almost a kindness
and a respect for their dignity. And I would be hard-pressed to think
that they wouldn't extend that to the neighborhood that they were in,
whatever neighborhood it was in. And for that [sic] reasons, I'd like
to make a motion to approve.
CHAIRMAN SAUNDERS: All right. We have two petitions
that are before us -- before us. So we're going to take them one at
time. We're on Item 9A, which is to approve the ordinance. So your
motion would be in reference to Item 9A?
COMMISSIONER TAYLOR: Yes.
CHAIRMAN SAUNDERS: And, Mr. Klatzkow, I assume that
December 8, 2020
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we're at the point now where the public hearing is closed. We have
no other comments from the petitioner, so we're ready for the motion;
is that correct?
COMMISSIONER LoCASTRO: Can I make some comments?
CHAIRMAN SAUNDERS: Oh, yeah, yeah. I just want to
make sure we're following the right procedure, so...
MR. KLATZKOW: Yes, sir.
CHAIRMAN SAUNDERS: All right.
COMMISSIONER TAYLOR: So even though we're hearing
them at the same time, the motions are separate.
MR. KLATZKOW: Yes. You should do the comprehensive
plan first, because if that fails, there's no point in doing the PUD.
COMMISSIONER TAYLOR: Then I'd like to make a motion
to amend the Comprehensive Plan --
CHAIRMAN SAUNDERS: All right.
COMMISSIONER TAYLOR: -- according to the agenda item
in front of us to allow the Senior Center to be at this location.
CHAIRMAN SAUNDERS: Commissioner LoCastro.
COMMISSIONER LoCASTRO: I definitely have gone into this
neutral as a new commissioner and knowing that this was probably
the first big thing that was going to come to the table here. I spent
quite a bit of time with folks on both sides of the aisle, to include the
neighborhood association. Spent over two-and-a-half hours meeting
with them in their church to educate myself on their points, and I
appreciate their respectfulness and professionalism, not only when I
spoke with them, but even here today.
I have no doubt that the Senior Center has done an expansive
search of property. This is a big footprint, and so it's not just, you
know, there's 50 locations around the corner.
I want you to know I reached out to my predecessor because,
you know, after 20 years of sitting in the seat here, she certainly has a
December 8, 2020
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viewpoint. And I will tell you, her question was she was concerned
about people from East Naples and the current Senior Center and
how far they would have to go.
I want you to know that if you looked at the ZIP code map,
there's not all that many people from East Naples, and I reached out
to as many of them as I can, and 100 percent of them says -- said they
would drive the extra couple of miles to get to the improved center or
they would be taking the bus, the increased bus service, so it wasn't
an impact on District 1.
We talked about maybe more people coming from the north,
maybe as far as Estero. I don't know how long of a drive they'd
make, but one thing I do know is if anybody was coming from the
north, they would never hit Oakes Boulevard. They would take the
I-75, get off on Immokalee, and Oakes Boulevard would be a zero
factor. If you look at the ZIP code map, the vast majority come from
the west or from the north, so they would be taking a gigantic detour
if they are going to take Oakes Boulevard. So it's not 400 cars a day
hitting Oakes Boulevard.
You know, as I educated myself on the legal considerations for
rezoning, I just don't see that this is a huge muscle movement for the
rezone to make the change. It meets plenty of the criteria, you know,
crystal clear.
So I know this isn't about the mission. I really appreciated
people who spoke about the location. There's not one person in this
room that doesn't think seniors, you know, need help, and that the
Senior Center is a good idea. But I also agree that I think this is a
great location, and I think in time, in short order, this neighborhood,
much like some of the citizens who were for it, will really appreciate
having the center in the north corner of their neighborhood. It's not
smack dab in the middle. So I liked what I heard today, especially
having been a totally neutral person just a short time ago.
December 8, 2020
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CHAIRMAN SAUNDERS: Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes. I have a question for the
petitioner. And I don't want to lead you down a rosy path. I haven't
changed my opinion. Love the mission; don't care for the location. I
concur with Commissioner LoCastro with regard to the need for
services and help for our elderly community all the way across the
board.
I would like, if you could, to pop -- I would like to ask if --
because one of the concerns is traffic on a regular basis, and we don't
have a lot of control over people coming to the facility, as has been
mentioned, but both of your access points, the one on the westerly
side is kind of tilted that doesn't -- isn't conducive for a left-out.
I was wondering if you could -- you could really control
50 percent of that traffic on an exit standpoint by signing that says
"no left turn" back out onto the main street. That would -- that would
be a huge. I mean -- "huge." It would be a huge help to the residents
of Oakes that have expressed the concerns on the driveway on Oakes
so ons and so forth. And it's not something that I have heard
mentioned by anybody that would -- you know that would help
curtail some of the concerns.
My second question -- and, again, who could question the
integrity of the folks that are serving on the board of this organization
that are operating. Dr. Jackie, she's a little mad at me right now,
but --
DR. FAFFER: No.
COMMISSIONER McDANIEL: But I -- the integrity is not the
issue of the folks that are here. It's for those who are coming, and
potentially when the leadership changes, when the operational
aspects change. Is there a way that we can protect this use in
perpetuity?
MR. YOVANOVICH: The answer is the Growth Management
December 8, 2020
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Plan amendment that we're asking for is very limited to just this use.
COMMISSIONER McDANIEL: Okay.
MR. YOVANOVICH: Likewise, the PUD is limited to just this
use. So if someone -- someone said, well, we're going to sell this
piece of property to some other commercial user, well, one, we know
that's not true, but even if that did happen, they would have to do a
Growth Management Plan amendment and a PUD change and
convince four of the five of you to allow a real commercial use on
this piece of property. And I don't like that person's chances of being
successful.
COMMISSIONER McDANIEL: Okay. Well, and --
MR. YOVANOVICH: So they are protected in perpetuity, you
know, subject to someone coming to you and trying -- being crazy
enough to try to convince four of the five of you to change that to a
real commercial use.
COMMISSIONER McDANIEL: Some of the -- and that, again,
is why I wanted that to be stipulated so that the folks that have those
concerns actually know those rules. I'm quite aware of what those
rules, in fact, are.
MR. YOVANOVICH: Sure.
COMMISSIONER McDANIEL: And then -- well, there again,
to state my primary reason it's just -- I don't -- I don't believe that the
facility and its size are compatible for a transitional commercial use.
And -- now, it kind of sort of looks like it's really not heading the
way that I would prefer it to go, but I was wondering -- because one
of the things that you had said on a regular basis is you plan on
satellite facilities throughout the community, and why not have this
be one of the satellite facilities that was more conducive to a
transitional use from commercial into the residential area?
MR. YOVANOVICH: Well, I think you have to look at the
current need and the current location based upon the -- it's not
December 8, 2020
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showing up --
COMMISSIONER McDANIEL: You don't have to pop it up.
MR. YOVANOVICH: When you look at the ZIP codes, that
makes the sense to be -- that should be where the primary campus is,
and it makes sense to have a satellite campus on Marco Island. It
would make sense to maybe have a satellite campus out some day in
Ave Maria. It doesn't make sense to have your satellite where the
majority of your members are currently residing. So I think that's
why this location was picked as the hub. And there could be satellite
campuses out in the future in other areas.
COMMISSIONER McDANIEL: I do appreciate your limiting
of the traffic heading back out to Oakes Boulevard. The no left turn
out on both those entrances will at least alleviate some of that.
MR. YOVANOVICH: And if I can add one more comment
about the satellite campus. We had talked about to Mr. LoCastro's
predecessor about the concern about people in East Naples and doing
a satellite campus there, and they wanted no part of that. They
wanted to come to the main campus and be part of the larger senior
community, so they didn't -- because we thought that was a -- and
they said, no, no, no, and that's why we have committed to traffic --
bringing transportation, because people want to be at the main -- at
the main campus.
CHAIRMAN SAUNDERS: Commissioner Solis.
COMMISSIONER SOLIS: I was just going to point out a
couple things that I think, for me, have been decisive. One, the
limitation in the amendment -- the Comp Plan amendment to really
just this use. I mean, there's -- I'm not aware of any other commercial
uses that would be interested in purchasing a location that would only
be open, you know, from 9:00 in the morning till 4:00 in the
afternoon and nothing on the weekends. It's just -- I think -- I think
those limitations are a significant protection for the neighborhood.
December 8, 2020
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Also, you know, the fact that the center has agreed to leave the
five acres, an entire five acres as a buffer and not include it as part of
the PUD -- right, Rich? It's not part -- it's going to remain zoned
Estates?
MR. YOVANOVICH: No. It's part of the PUD. It's not part of
the Comp Plan amendment.
COMMISSIONER SOLIS: But it's not changing.
MR. YOVANOVICH: It's not part of the Comp Plan. It's part
of the PUD. But on the PUD that is limited to open space and
preserve uses.
COMMISSIONER SOLIS: Right. I mean, it's a -- it's a
significant -- probably more than -- it's more than a third of the
property's going to be limited to just preserve and open space where
it separates the most. I mean, I think -- it seems to me that the Senior
Center's done everything it could do to make it transitional in that
regard, and so, I mean, if there's a -- I don't know if there's been a
second yet.
CHAIRMAN SAUNDERS: There has not been a second.
COMMISSIONER SOLIS: Okay. I'd second it.
CHAIRMAN SAUNDERS: All right. And we have a motion
and second.
I've got a couple comments and -- you know, one of the things --
for me this is one of the most difficult decisions that I've had to deal
with over the last four years, quite frankly.
I remember we had a public hearing on a church. I think you
represented the church. It seemed to be a perfect location right on
951 and Golden Gate Boulevard, and the Commission turned that
down. The neighborhood was in opposition to it. But it was a -- the
comment was, well, we have to put churches somewhere, and if that's
not a good location, what would be a good location? It was right --
right on two major arterials.
December 8, 2020
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And the point of all that was that the Commission was trying to
make sure that we didn't negatively impact neighborhoods, and that's
why this decision for me is so difficult. The mission, the project
itself, no issues at all with that.
The question becomes, where do you locate something like that,
and what is the negative impact on the neighborhood? I don't think
there's any place that this could go where there's not some negative
impact on the community or, if it's required to be in a -- one of our
activity centers, for example, that just isn't an appropriate location for
this type of activity.
I'm leaning towards supporting this. This is -- from a political
standpoint, obviously, this is a very difficult vote for me, but I've
always fallen on the side of doing what is correct in my view versus
what might be political. And it looks like this may be a 4-1 vote. It's
my district, but I just don't see any good to say no to this, because I
think it's going to be a tremendous asset, and I think it's going to be,
quite frankly, an asset in the community.
We have a motion and a second. Commissioner Taylor?
MR. KLATZKOW: Commissioner?
COMMISSIONER TAYLOR: Mr. Chair, as it is your district, I
am very close to the Naples Senior Center only because it has been in
my district, and I've watched them grow. But if you would -- you
would agree to this, I would like to give you my first, my motion.
CHAIRMAN SAUNDERS: That's okay. We have a motion
and second. There's -- the making of the motion isn't what's critical
here.
MR. KLATZKOW: Commissioner? Commissioner? There
have been a number of comments throughout the meeting as to
potential conditions or additional conditions. I don't know if you
want to make that part of the motion or not.
CHAIRMAN SAUNDERS: Well, my understanding is -- and
December 8, 2020
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maybe we need to just make sure that --
MR. KLATZKOW: And you've got the Comp Plan and the
PUD.
CHAIRMAN SAUNDERS: Well, I think we understand what
all the conditions are.
MR. YOVANOVICH: All the conditions I showed are in the
PUD. They're in there, and some of them are in the Comp Plan. Not
all of them are in the Comp Plan, but --
CHAIRMAN SAUNDERS: Mr. Klatzkow, was there
something that we had --
MR. YOVANOVICH: Was there something specific?
CHAIRMAN SAUNDERS: -- suggested that was not included
in that?
MR. KLATZKOW: I had thought that you had made some
comments throughout.
CHAIRMAN SAUNDERS: I did, and I went through a list. No
activities after 4:00, no activities before 9:30.
MR. YOVANOVICH: Right.
CHAIRMAN SAUNDERS: No outdoor amplification of music
or anything of that nature, speeches or anything; 30,000-square-foot
building that could not be enlarged.
MR. YOVANOVICH: Right.
CHAIRMAN SAUNDERS: All providers of materials and
services for the facility in terms of construction and after it's
operating will be on Valewood, and you'll make sure of that. That
will be a condition.
MR. YOVANOVICH: That needs to go into the PUD. That has
not been -- that's not already in there. We do need to add that to the
PUD, Mr. Klatzkow.
CHAIRMAN SAUNDERS: All right. That has to go in the
PUD. And that your public transportation that you're providing --
December 8, 2020
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MR. YOVANOVICH: Will also use --
CHAIRMAN SAUNDERS: -- will also all be on Valewood.
MR. YOVANOVICH: Yes.
CHAIRMAN SAUNDERS: And that if -- obviously, if
Valewood becomes crowded, the county staff will make a decision
concerning --
MR. YOVANOVICH: And that's already in there,
Commissioner Saunders.
CHAIRMAN SAUNDERS: And I will also say that I do not
believe, even though it's been stated by a few folks, that this serves as
a precedent at all. I've asked the County Attorney for his opinion,
and he agreed with that. Every zoning case is separate.
Commissioner McDaniel.
COMMISSIONER McDANIEL: And just as a point, I had
asked that they, at least signage-wise, put no left turns out of both of
the entrances to reduce the traffic of impact coming out of the facility
onto Oakes.
MR. YOVANOVICH: I think what you had said, right after
your -- you don't want to "paint a rosy picture" comment, was the
western entrance, you wanted us to put a sign that says "no left turn
out."
COMMISSIONER McDANIEL: That's already tilted to the east
to induce people to come out and go to the right. But if you at least
sign both entrances for lack of -- that was a comment that I made.
MR. YOVANOVICH: Okay. That's fine. I thought your
comment was limited to the western entrance, but if you want a sign
that discourages --
COMMISSIONER McDANIEL: Yes.
MR. YOVANOVICH: -- left-turn lanes at both entrances -- left
turns at both entrances, we don't have an objection to that.
COMMISSIONER McDANIEL: And like you, Commissioners
December 8, 2020
Page 163
Saunders, I just -- I agree that each zoning request stands on its own.
There is a provision within the Golden Gate Master Plan that allows
for nonconforming uses of contiguous property to have the right for a
conditional use. So it, Commissioner Taylor, can have that premise
of commercial creep as you're going along.
Now, this particular facility is fairly well insulated, but in the
master plan it's something that we need to be cognizant of as we're
going forward, so...
CHAIRMAN SAUNDERS: All right. We have a motion and a
second. Any further discussion?
(No response.)
CHAIRMAN SAUNDERS: I think we understand what the
conditions are. Seeing no other lights, all in favor, signify by saying
aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN SAUNDERS: Aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN SAUNDERS: All opposed, signify by saying no.
COMMISSIONER McDANIEL: No.
CHAIRMAN SAUNDERS: That passes 4-1.
Item 9B.
COMMISSIONER TAYLOR: Make a motion for approval.
CHAIRMAN SAUNDERS: We have a motion. Is there a
second?
COMMISSIONER SOLIS: Second.
CHAIRMAN SAUNDERS: We have a motion and second.
Any discussion?
(No response.)
CHAIRMAN SAUNDERS: Seeing none, all in favor, signify
by saying aye.
December 8, 2020
Page 164
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN SAUNDERS: Aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN SAUNDERS: All opposed?
COMMISSIONER McDANIEL: Aye, or no.
CHAIRMAN SAUNDERS: Passes 4-1.
MR. YOVANOVICH: Thank you for your time, appreciate it,
and your approval.
MR. OCHS: Mr. Chairman, that would take us to Item 10A on
your agenda. Oh, I'm sorry. I'm sorry, sir. During the change sheet,
we did have a time-certain hearing that Commissioner Taylor had
asked about to be heard no sooner than 1:00 p.m. Mr. Chairman, I
don't know if you want to take that item up first.
CHAIRMAN SAUNDERS: Yes, let's go ahead and do that.
MR. OCHS: Yes, sir.
CHAIRMAN SAUNDERS: We're only an hour -- two hours
and 19 minutes late on that one.
MR. OCHS: That item is --
CHAIRMAN SAUNDERS: Ladies and gentlemen, if you'd
please be quiet as you're leaving, we're going to continue conducting
business.
MR. CASALANGUIDA: I think the petitioner's on his way in,
sir.
CHAIRMAN SAUNDERS: All right. Mr. Ochs, is there an
item we can pick up real quickly that will just take a minute or two?
MR. OCHS: Perhaps Item 10A, sir.
CHAIRMAN SAUNDERS: Sure. All right.
Item #10A
December 8, 2020
Page 165
FORMALIZING THE BOARD OF COUNTY COMMISSIONERS
POSITION REGARDING THE POTENTIAL EXPANSION OF
THE BIG CYPRESS BASIN BOUNDARY WITHIN THE SOUTH
FLORIDA WATER MANAGEMENT DISTRICT - MOTION
DIRECTING STAFF TO DEVELOP A PROCESS AND PRESENT
IMPACT OF THE EXPANDED BOUNDARIES AT A FUTURE
BOARD MEETING – APPROVED
MR. OCHS: Would you like to take that? This is a
recommendation to formalize the Board of County Commissioners
position regarding the potential expansion of the Big Cypress Basin
boundary within the Florida Water Management District.
Commissioner Solis has placed this item on the Board's agenda.
COMMISSIONER SOLIS: Yeah, and I'll try to be as brief as I
can, because there's really nothing to discuss in terms of the boundary
itself, I think, right now. But just as some background as was in the
executive summary, Lee County, the City of Bonita Springs, and the
Village of Estero had petitioned the District to evaluate an
amendment to the Big Cypress Basin boundary, which includes all of
Collier County and, news to me, but apparently a small little piece of
Monroe County. I did not know that; uninhabited, but yet it's a little
piece outside of Collier County.
And the legislature, I guess, directed the District to do a study to
look at what the scientific boundary of the basin is, not a political
boundary but a scientific boundary. Where does the water come from
and where does it go in terms of this particular basin or groups of
basins?
And that study's been completed, and I think this is obviously of
significant importance to Collier County. And so what I'm
suggesting is that we direct the staff to come up with a process in
conjunction with other agencies, the municipalities, to formalize a
December 8, 2020
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position on, you know, an expansion of the boundary, because some
of the issues could be complicated.
The operational effects of expanding the boundaries. How's the
governance of the district going to work? What's the financial impact
on how the basin, you know, funds the projects that it does? And
then how's the representation going to work? I mean, right now,
it's -- it's -- it's all -- the basin board is all Collier County residents,
right?
So I think there's some very significant issues that need to be
fleshed out and vetted publicly so that we're all on the same page, and
then we can develop a position, whatever that position may be, in the
future.
CHAIRMAN SAUNDERS: Commissioner McDaniel.
COMMISSIONER McDANIEL: I had one quick comment
when I was reviewing this. I liked the -- thank you for bringing this
forward. It's been a subject that we've talked about quite regularly.
One of my suggestions was that we appoint somebody from this
board to serve on the basin board as a portion of that -- as a portion of
that entire process as long as it doesn't create a conflict with revenues
and expenses and so ons and so forth, so...
CHAIRMAN SAUNDERS: All right. On the issue -- and I'll
start off by saying I do not want to be appointed to the Big Cypress
Basin board. I have a fairly long history on this particular issue. The
goal a few years ago was to expand the boundary to include the real
boundary, the physical boundary of the Big Cypress Basin, which
goes way into Lee County. The theory being that tax dollars raised in
the Big Cypress Basin, whether they're generated in Collier County
or Collier County, would stay in the respective county.
Right now that area in Lee County is part of the Caloosahatchee,
I believe, Basin, and dollars raised by that tax levy in Lee County for
that basin go over to the East Coast. That money doesn't stay in Lee
December 8, 2020
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County. In Collier County, dollars raised in the Big Cypress Basin
stay in Collier County.
The governance issue would be fairly easy to work out. The
theory being money raised in Lee would stay in Lee; money raised in
Collier would stay in Collier. There would be probably either a joint
board or two boards to deal with that and, of course, the two boards
would certainly work together on projects that were of a mutual
benefit to the two counties.
So my hope is that we ultimately support the expansion of the
boundary, but we have to make sure that we don't lose any money,
and we also have to make sure that we don't lose any control of the
money that's generated in Lee County. Those are easy details to
work out.
Commissioner Taylor.
COMMISSIONER TAYLOR: I think -- what I think you're
asking, Commissioner Solis, is that we figure -- before we take a
position on this, we figure out how it's going to work; is that it?
COMMISSIONER SOLIS: Right. I think we need to fully
understand what the impact's going to be on governance, finance
operational issues of what increasing the boundary would mean. I
mean, how is -- you know, and one of the things that I had a
conversation with Charlette Roman, one of the Basin board members,
and she expressed a concern that, you know, how is this going to
impact even Everglades restoration dollars? Could it somehow make
that more complicated? And I don't -- I just -- I don't know enough
about the issues to know one way or the other. So, yeah, it's really to
be able to direct staff to start a process so that we can make an
informed decision on what our position's going to be --
COMMISSIONER TAYLOR: I think that's very wise.
COMMISSIONER SOLIS: -- whatever it is.
CHAIRMAN SAUNDERS: In Lee County if the basin was
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expanded in Lee County and those dollars stayed in Lee County,
that's about four or five million dollars a year that would be used for
water management projects in Lee County. It would not impact the
amount of money that we raise here for our projects.
So I support the notion that we need to figure out how it would
all work, but my hope would be that, ultimately, we are supportive of
that expansion, because there are projects in Lee County that will
benefit Collier County if they can -- if they can be properly funded.
COMMISSIONER TAYLOR: Yeah. I'm sorry. May I ask a
question, as you're familiar with this. Why would they not form their
own basin and include more for the Fort Myers area?
CHAIRMAN SAUNDERS: Well, the issue is dollars. The
South Florida Water Management District does not want those
dollars that are generated in Lee County to not be -- for them not to
be able to use those dollars and so -- for projects on the East Coast.
So it's really just purely a financial issue.
But the boundary -- the natural boundary of the Big Cypress
goes all the way up close to the Caloosahatchee River. So, again, it's
just purely a financial issue.
COMMISSIONER TAYLOR: But it wouldn't make -- so
they're saying if we're going to -- if we're going to create anything,
have it follow the natural boundaries of the basins --
CHAIRMAN SAUNDERS: That's correct.
COMMISSIONER TAYLOR: -- is that correct?
CHAIRMAN SAUNDERS: Right.
COMMISSIONER TAYLOR: And have it based on designs.
Okay.
I did speak to Mary Ellen Hawkins yesterday, and basically she
said no. That was her response. She said the money in Collier needs
to stay in Collier. And I think our -- what I'm hearing on our board is
that's the intention here.
December 8, 2020
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COMMISSIONER SOLIS: Yeah.
CHAIRMAN SAUNDERS: Absolutely.
COMMISSIONER SOLIS: I think it's safe to say that the
boundaries of the basin as it is now was not based -- it was a political
boundary. It wasn't necessarily a scientific one. So the study was the
scientific one, not a political one. And I, for one -- I mean, a lot of
this is going to mean a lot to District 2 and the water coming out of
Lee County. And some of this started with, I think, the conversations
we were having with the City of Bonita Springs maybe, but -- about
moving south or the potential for doing that.
So, I just -- I think we need a formal process for analyzing this
in consultation with the other agencies so that we can, you know,
develop a reasoned approach to what our position's going to be.
CHAIRMAN SAUNDERS: Commissioner McDaniel.
COMMISSIONER McDANIEL: I don't want to repeat what he
just said, but I like what he just said. I mean, at the end of the day,
we're all downstream, and this is -- this decision to expand the
boundaries has to do with the impact of the flow of water coming in
Lee County that's ultimately coming to us, and it's a revenue source at
the same time as Commissioner Saunders said. So we want to make
sure that that -- you bring this agenda item. I'll second your motion
for approval.
CHAIRMAN SAUNDERS: Go ahead and make the motion.
COMMISSIONER SOLIS: Well, okay. So I'll make a motion
that we direct staff to develop a process and a presentation on a future
agenda item to present the impacts of an expanded basin board
boundary on Collier County so that we can take a position on it one
way or the other.
CHAIRMAN SAUNDERS: Commissioner McDaniel, you
second that?
COMMISSIONER McDANIEL: Yes, yes, yes.
December 8, 2020
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CHAIRMAN SAUNDERS: All in favor, signify by saying aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: 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.
CHAIRMAN SAUNDERS: We'll move on to 14B1.
Item #14B1
PUBLIC PETITION REQUEST FROM P6NT, LLC REGARDING
THE REDEVELOPMENT OF TWO PARCELS LOCATED IN THE
BAYSHORE GATEWAY TRIANGLE COMMUNITY
REDEVELOPMENT AREA – MOTION FOR STAFF TO BRING
BACK ADDITIONAL INFORMATION AND POSSIBLE
PROPOSAL WITH FUNDING MECHANISM AT FIRST
MEETING IN JANUARY – APPROVED
MR. OCHS: Yes, sir. This is a recommendation that the Board,
acting as the Community Redevelopment Agency board, review the
public petition request from P6NT, LLC, regarding the
redevelopment of two parcels located in the Bayshore/Gateway
Triangle Community Redevelopment Area. Ms. Deborah Forester,
your CRA Director --
MR. YOVANOVICH: I don't present first?
MR. OCHS: Well, it's a staff item. We were asked to come
back with an evaluation.
December 8, 2020
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CHAIRMAN SAUNDERS: You'll get plenty of time.
MR. YOVANOVICH: I'm sorry. I thought I had to tell you
what the request was.
MR. OCHS: I think you already did.
MS. FORESTER: Just a second while we change the
presentation for you.
MR. MILLER: Sorry about that. I don't see your presentation
anywhere, Deb.
MS. FORESTER: It should be 14B1.
MR. OCHS: There it is. Got it.
MS. FORESTER: There we go. Thank you.
Good afternoon. For the record, Deborah Forester, CRA
Director.
On March 13th, this item was presented to the Board to consider
a request to provide tax rebate incentive to P6NT for developing two
vacant parcels located within the mini-triangle area of the
Bayshore/Gateway Triangle Community Redevelopment Area. The
developer stated the incentive was necessary for the project to
succeed.
The proposed project would include 24 condominiums, 125
hotel rooms, with the slated opening of July of 2023. A restaurant,
parking structure, and it would be approximately 10 stories.
P6NT is requesting a tax incentive comparable to the one the
Board approved with Metropolitan Naples for the previously owned
CRA property adjacent to the two parcels that P6NT currently has
under contract. The one and only CRA tax increment rebate
agreement that has been approved in Collier County was done to
incentivize the first-in project on the CRA-owned property.
In 2015, a request for proposals was issued to consider both
price and concept to create a catalyst project on the 5.27-acre site that
would foster revitalization of the surrounding gateway triangle area.
December 8, 2020
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The solicitation notice requested that all submitted proposals identify
any land-use modifications and financials/incentives required to
develop the property.
In 2016, the Board approved the negotiated purchase agreement
which included a financial incentive to make the project feasible.
The tax increment rebate agreement was approved in September that
further outlined the project terms.
What was the public benefit that was received when we entered
into this agreement? The project property was rezoned to a
Mixed-Use Planned Unit Development. We negotiated a cell tower
removal and demolished that cell tower. We closed on that property
on November 13th. We paid off our long-term outstanding debt on
December 1st. The property has been returned to the tax rolls, and
we now have another new partner that purchased about 1.6 acres of
this property to develop the first of the many high-rises slated for this
project. And to date, they had an SDP pre-application meeting. That
project is moving forward with 270 multifamily dwelling units and
7,500 square feet of retail.
At the October meeting, the petitioner volunteered to prepare an
economic impact analysis of the project. On November 9th, staff
received a copy of the report. Based on the analysis, the development
will have a substantial positive impact on the community; however,
the reasons why a tax incentive is necessary has not been
demonstrated.
Staff has requested additional information to understand if a
final gap is needed -- is present in this project. The petitioner had
declined to provide any additional information prior to this meeting.
This project is not bringing forward a unique development
contribution to the area. The petition is requesting the same incentive
as provided to Metropolitan Naples without additional justification
except that they are adjacent properties. The petitioner's tax
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increment analysis estimated about 1.9 million in tax rebate based on
50 percent of increment collected from 2020 to 2030.
Staff is recommending that the Board deny this petition based on
the following: A financial gap has not been demonstrated that
suggests public dollars are necessary. A public benefit outside of
developing vacant land is not identified.
A standard policy on evaluating financial incentives outside of
commercial improvement grants available in the CRA has not been
established and vetted through the public process. Without criteria,
approval may set a precedent for other developers, regardless of the
project type, to come forward and request similar tax rebates.
However, if the Board does decide to move forward, staff
suggests the following conditions and terms be considered in any
incentive agreement: We suggest limiting the term to have it start
once the entire project is completed, which is approximately 2024,
and to have the increment sunset in 2030 when the CRA is scheduled
to sunset. Limit it to 50 percent of the tax increment collected, and
tax increment would only be on the hotel portion of the development,
which we estimate -- or the petitioner estimated to be about a
$30 million investment.
Also that it would be tied to an approved site plan that would
show the uses and architectural features similar to what is presented
in their proposal; that they agree that there's no annexation into the
City of Naples, which is similar to the same agreement that was done
with Metropolitan Naples.
And we also look to some type of public benefit. Two of the
ideas would be a contribution to the Bayshore/Gateway Triangle
public arts initiative or to do another community infrastructure and
enhancement of the streetscape similar to -- or suggested such as
undergrounding the utilities along U.S. 41.
Based on staff's analysis, this would generate a total of about
December 8, 2020
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$477,000 in tax increment over that period of time. The CRA
Advisory Board did review this request at their December 1st
meeting, and they voted to support staff recommendations.
And with that, staff is here to answer any questions you may have.
CHAIRMAN SAUNDERS: All right. Any questions for our
staff?
(No response.)
CHAIRMAN SAUNDERS: Mr. Yovanovich, you have
anything to add?
MR. YOVANOVICH: A little bit.
COMMISSIONER McDANIEL: Just a little bit.
MR. YOVANOVICH: Thank you for allowing me to appear
before you to talk about the economic benefits of the proposed
project by P6NT, LLC. David Parker is with me, who is the principal
in that entity, if you have any questions that I can't -- I can't answer.
Ms. Forester did correctly outline what the project is, that it's a
125-room hotel with two restaurants and 24 condominium units. And
our request was for a 50 percent tax rebate for a 10-year period once
the project is completed, similar to the tax rebate the county provided
to, I guess, the successful bidder on the county's property.
What is important is, what does the county get in return for the
tax rebate? And we provided you the economic analysis, but I want
to quickly run through the pictures of the project that already is in for
an amendment to the SDP. We should have that SDP approved --
amendment approved by the end of the year. But you're looking at a
mixed-use building that will have hotel units and the 24
condominium units within it, together with the restaurants and
appropriate amenities, to serve both the hotel and residential units.
The building is not a picture of what might happen; it's a picture
of what is actually going to happen on this property. And when I get
to the milestones slides, you'll see if we don't meet those milestones,
December 8, 2020
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we would not be a recipient of any tax rebate.
But I think it's important to know that the difference between
what Mr. Parker is proposing and the pretty pictures you were shown
during the county's presentation is, there's no guarantee you're going
to get the pretty pictures on the county's property. We are
guaranteeing you the project that we are showing you today in return
for the tax increment -- or the tax increment rebate.
You have all of this in your backup material, but ad valorem
taxes that will be collected, together with sales tax, together with bed
tax is approximately $16.4 million, 1,400 new jobs, and an
investment of approximately $100 million in this triangle that
Mr. Parker and his investors are willing to make.
We are asking for the ad valorem tax dollars. And we broke this
out because the staff asked us to break it out between what's the ad
valorem taxes generated from the hotel and what are the ad valorem
taxes generated from the condominiums. As you can see from this
summary sheet, the hotel over that same -- restaurants over that
10-year period will generate approximately $3.6 million, and the
condos will generate approximately $3.8 million. And the other taxes
that I had mentioned, together with the other jobs.
What we understand your staff's recommendation to be is only
give us half -- give us 50 percent of just the hotel for only six years,
from 2024 to 2030, which would result in a benefit of $477,000 if all
the assumptions are done correctly. In return for that, they want
Mr. Parker to, I guess, either spend $200,000 on public art or bury the
utilities that not only are in front of Mr. Parker's property but the
utilities that are in front of the county's purchaser's property.
We've done a rough estimate of what it would cost to bury those
utilities, and it's approximately $450,000. Could be more. Could be
a little less depending on what we find in managing traffic.
So under that scenario we would get $27,000 over a six-year
December 8, 2020
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period in a rebate with an additional up-front cost of $450,000. It
doesn't make a whole lot of business sense to go ahead and take that
option. And then the $200,000 up-front costs to get $277,000 over a
six-year period doesn't make a lot of sense either.
What we're asking the commission to do is allow -- I don't know
what happened. There we go -- allow for Mr. Parker to actually be
the catalyst project for the triangle. We have milestones that are very
stringent milestones that we will deliver in order to obtain a partial
rebate of the taxes.
The closing must occur by the end of January 2021. I moved
that out a month because we thought we were going to be in front of
you in November, so we were going to close at the end of this year,
but I moved it out an extra month so we can close. I have not moved
the completion date of the hotel and when it has to be open and
operating; and that we have to get the Site Development Plan
amendment by March 26th, 2021. I also moved that a month, but I
didn't move the date.
The reality is, we're going to get the Site Development Plan
amendment sooner than that. We would have to get our building
permit by June of 2021, we'd have to mobilize and start construction
on July 30th, 2021, project must be completed June 1, 2023, and the
hotel must be opened by July 31, 2023.
We're asking the county to encourage us, and if someone else
wants to bring a 100-million-dollar project to the CRA, maybe they
can come to you and say, what do you think? This is not a precedent.
It's a process that you can consider encouraging people to invest in
this area.
I noticed the timeline. I hope -- I wrote it down as quickly as I
could. I may have missed some dates. But it was in 2016 that the
county went under contract to sell the property. It took four years for
that closing to actually occur on the property. And I believe they're
December 8, 2020
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getting 10 years’ worth of tax rebates from this point forward with no
guarantee as to when they will actually build and construct this
project.
We're not asking for the same deal. We are asking for a very
strict construction schedule. We're asking for the same 10-year
period. And what we thought was -- because staff broke out the
condo units versus the hotel units, we expected them to come back
and say 50 percent of the tax revenue on the hotel units, which they
kind of did, but we didn't expect the other expenses to be added to
that, and we didn't certainly expect them to shorten the time period
for the rebate.
So what we think is this will be the catalyst project that will
come out of the ground first in the CRA. You have innovation zones
that you've created in different areas of Collier County. This is no
different. And those innovation zones use the tax increment, and you
actually pay impact fees or you provide infrastructure. You do a
similar type of investment with developers to come to that part of
town. We're asking you for a similar concept here.
We think it is a -- it is a smart investment for the CRA to give
back half of the taxes for that 10-year period. After that 10-year
period, everything goes to the county. And we request that you
consider the tax increment rebate that we had proposed.
And I -- and with that, I'm happy to answer any questions that
you may have regarding the specifics of the project, the specifics of
the taxes, and our request. But we think that this is a valid
investment by the county in a developer to come to the CRA and will,
in fact, spur future development in the area, and you'll reap
significant benefits by providing an incentive to this developer to
come to this area.
CHAIRMAN SAUNDERS: Commissioner McDaniel.
COMMISSIONER McDANIEL: Yeah, just a couple -- if you
December 8, 2020
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could switch back to your analysis of the value, the jobs created, the
revenue, tax generated. Because I -- in all candor, I don't like calling
these things rebates. I would prefer to consider them an investment
in our community and incentivization for folks to create jobs and
generate revenue within the community.
MR. YOVANOVICH: Right.
COMMISSIONER McDANIEL: So if you would, please, just
go through this a lot slower --
MR. YOVANOVICH: Sure.
COMMISSIONER McDANIEL: -- if you would for me --
MR. YOVANOVICH: Sure.
COMMISSIONER McDANIEL: -- and share with me your
calculation of the aggregate benefit for the developer at your proposal
in relationship to jobs created and revenue.
I'm sorry?
CHAIRMAN SAUNDERS: Go ahead, Commissioner. They
were just --
COMMISSIONER SOLIS: The Commissioner asked me a
question.
MR. YOVANOVICH: Okay. And I know I went fast, and I
know you have this in the back of your backup. I didn't want to give
it short shift.
But, essentially, the entire project is both the condominiums and
the hotel. That's about a 100 million-dollar investment. That's a lot
of construction-related jobs and permanent jobs when the hotel
opens. So there will be 16.4 million in overall taxes, which includes
ad valorem taxes, sales tax, and bed tax, and we can go through the
specific numbers as we get further -- but that's $16.4 million.
COMMISSIONER McDANIEL: That's over a 10-year period
from the completion of project.
MR. YOVANOVICH: Correct. Of that number, approximately
December 8, 2020
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7.4 are ad valorem tax dollars related to the hotel and the
condominiums. You break that 7.4 down, it's almost roughly 50/50,
but it's 3.6 million in ad valorem taxes related to the hotel and
3.8 million related to ad valorem taxes for the condos.
There will be construction-related jobs of approximately 1,200
jobs, and there will be another, roughly, 200 jobs created by the hotel
that will be permanent jobs related to operating the hotel. I'm sorry,
it was 1,040 new jobs with 723 related to --
COMMISSIONER McDANIEL: The restaurant.
MR. YOVANOVICH: Yeah, the restaurant and the hotel, and
then the condominium.
But the -- what I'm -- so the investment -- and it's clearly an
investment, but you guys refer to it as a rebate, because that's how
you did it for the other project. "You guys" being the county, not you
personally. But it is an investment. It's an investment in someone
bringing a project to Collier County, risking almost $100 million to
bring this project in an area that is intended to be redeveloped.
And, candidly, we're going to be the first one out of the ground,
so we're going to be taking the most risk, and we're just asking you to
share and invest with us in making that investment in Collier County.
COMMISSIONER McDANIEL: The other point I wanted to
ask is the milestones that you brought forward, if any of those
milestones are not met, are -- is the developer entitled to --
MR. YOVANOVICH: I get zero.
COMMISSIONER McDANIEL: I got the zero sign. Okay. I
thought I heard you say that, but I wanted to clarify it.
CHAIRMAN SAUNDERS: Commissioner Solis.
COMMISSIONER SOLIS: So I have a couple questions. I
think I need to ask staff a couple questions. In looking at the
executive summary and the backup materials, the executive summary
says that staff is not recommending approval of CRA incentives for
December 8, 2020
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this project due to the lack of financial information demonstrating the
financial gap that requires a public assistance or public benefit
received.
So help me understand what the analysis is. I know we've
openly done this sort of thing as a rebate on the adjoining piece once.
But tell me about the analysis that you -- that staff wanted to do and
why that's the right analysis.
And then -- and I will just put this out there just so that
Mr. Yovanovich has an opportunity to think about this and figure out
how he's going to respond. Because, you know, I have mixed
feelings about this, because, yes, these incentives and these rebates,
whatever we call them, are to bring somebody that wants to invest in
a redevelopment area that otherwise maybe wouldn't. And so what I
hear -- and this makes me feel funny. I'm just being honest -- is that
this is a project that's coming forward no matter what, and that's not
what I understood this was about. So I'm a little -- I have some weird
feelings about that. And so I'd like to hear from Mr. Yovanovich on
that. But explain to me the analysis that you were wanting to do.
MS. FORESTER: We would like to have done a pro forma to
look to see what the internal rate of return would be, what was the
equity involvement here. When I look at the proposal, it looks like
the equity that the developer is putting in is, I believe, about
1.6 million, and they're taking out a $75 million loan.
So what is the skin in the game, you'll have it, for the developer?
What's the risk, you know, that we would be joining? What was the
gap that was missing? In other redevelopment programs that do tax
increment rebates on a regular basis, that is one of the main reasons
that they provide incentives is because the developer shows that
there's a gap; that there's something that they need to complete this
project. If the gap wasn't there and if they didn't get the incentive, the
project wouldn't go forward.
December 8, 2020
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COMMISSIONER SOLIS: So that's an analysis that we've done
in other applications? I mean, that's an analysis that we have done in
the past?
MS. FORESTER: We have never done that, because we have
never had another tax increment rebate come to us --
COMMISSIONER SOLIS: Okay.
MS. FORESTER: -- besides the one that was negotiated back in
2015/2016 when REPI, now Metropolitan Naples, came forward, and
we negotiated that purchase agreement.
COMMISSIONER SOLIS: Okay. And am I correct in that the
opportunity zones, we create a zone, and there is a set kind of
incentive built into that?
MS. FORESTER: I'm not that familiar. I know they are
different than redevelopment areas because they do not have the
redevelopment statute guiding them. Anything that's used in a
redevelopment area has to be identified in the plan. We have a
separate trust fund this was established in 2000.
COMMISSIONER SOLIS: So it's a different framework, but --
MR. CASALANGUIDA: Both. You have money that's set
aside and collected in a fund that they apply for through a project to
receive and in, like, the Innovation Zone Activity Center No. 9, they
can propose a project and ask for that TIF to fill the gap.
COMMISSIONER SOLIS: Okay.
MR. CASALANGUIDA: So they're all structured a little
differently. Some collect money.
COMMISSIONER SOLIS: And it's the TIF to fill the gap.
MR. CASALANGUIDA: To fill the gap from --
COMMISSIONER SOLIS: And that's an analysis that we do in
those situations?
MR. CASALANGUIDA: Yes, sir.
COMMISSIONER SOLIS: Okay. Okay. That was -- that's
December 8, 2020
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helpful. Thank you.
CHAIRMAN SAUNDERS: Commissioner LoCastro.
COMMISSIONER LoCASTRO: Ms. Forester, can you just
explain to me the rationale between the six years and the 10 years?
I'm up here sort of doing the math. And I know they're asking for 10,
and then I sort of missed a little bit of the point of why you proposed
that the six years was a -- you know, a smarter idea or a better
proposal.
MS. FORESTER: Right now the Bayshore Gateway CRA is
scheduled to sunset in 2030. So at that point in time, the
redevelopment program would be terminated. And so this would
then be taking the funds out of going into the general revenue and
then be reallocated to this project.
COMMISSIONER LoCASTRO: For four more years?
MS. FORESTER: Yes. And so 2024 is the date that we think
that this project would be completed and would be on the tax rolls.
COMMISSIONER LoCASTRO: Thank you.
CHAIRMAN SAUNDERS: All right. Mr. Yovanovich?
MR. YOVANOVICH: Commissioner Solis, if it's okay, can I
address Mr. LoCastro's comment first and then yours?
COMMISSIONER SOLIS: Sure.
MR. YOVANOVICH: I do want to point out that it's not
unprecedented to go beyond the 2030. You're going beyond the 2030
for the property that was just sold by the county. So you're not
required to live with the 2030 cutoff for this incentive program that
we're asking to participate in. You're going beyond -- you're going
more than 2030 on tax rebates for the property that was just acquired
by the county.
So the next thing -- the answer to your question is: We haven't
closed on the property yet. This is a factor for the investors to
consider. They are moving forward with site planning and doing the
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evaluation of whether or not to actually close on the property. I can't
tell you that they're going to walk from the closing if they don't get
this incentive, but the reality is -- and, you know, I'm going to steal
this from Mr. Parker, and I think we shared this in some of our
conversations.
When Mr. Bezos comes to a neighborhood, he doesn't
necessarily need the money for the project to be a go. He wants to
know that the community that he's investing in also wants to invest in
him. And this is really what the investors in this project are saying:
Do you also believe in this project and that this project will serve as
the catalyst and benefit the community?
So the investors in this project are asking you to share some of
the risk that the project doesn't give them the total rate of return or
internal rate of return that they were hoping for on this project
because, as you know, there's a lot of risk, and investors expect a
certain rate of return on that investment in order to take that risk.
They're asking you to share in a very small portion of that risk
through the tax increment financing or rebate, whatever the right
word is, incentive. That's what they're asking you to do. And if
we're all -- if we're all right that this project comes close to the pro
forma -- they never actually hit the actual number in their pro forma,
we're all winners. Collier County's a winner because you're going to
get more taxes. You're going to get more taxes. And other property
owners are going to see that a developer is willing to take the
significant risk and likely will spur further investment in the CRA
and likely to return greater taxes to the CRA and, ultimately, to
Collier County when the county gets rid of the CRA and gets 100
cents of the dollar and none of it goes towards the CRA.
So we're asking you to invest in us as well, and we think that the
return for everybody is a good investment.
CHAIRMAN SAUNDERS: Commissioner Taylor.
December 8, 2020
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COMMISSIONER TAYLOR: Yes. Commissioner LoCastro,
the reason that the first developers of Metropolitan were given that
10-year, because at that point we as a commission hadn't decided we
wanted to end the Bayshore Gateway CRA at the date. We did that
after the fact. So their 10 years was written in a contract right at the
beginning.
And I understand one of the big delays on that triangle property
was the cell tower on it and how difficult it was to move it. And as
the commissioner of the district -- and I was clear in my position
before, and I didn't vote for this to be brought back and have the
developer expend all this expense to try to convince us that we
needed to invest in him for him to invest in the area. I am opposed to
this. We are in Collier County. This is within -- I got a situation
where it was, you really can't walk to the beach, okay, but you sure
can walk to Fifth Avenue, and you sure can walk to the river, and you
sure can walk to Baker Park, and if you can't walk to Baker Park, you
can bike. This is a prime location, and I do not believe that we need
to incentivize developers to come in.
I think the return a developer gets from investing with us is a
premier community, a premier area that is ripe for development, and
it will only continue. And we have one of the premier areas within
walking distance of this for arts, and that's the Bayshore Arts District.
And the hotel or -- no, excuse me. The restaurants and then what is
going to be the wine restaurant, the wine bar that's coming in there is
just first class. Naples hasn't even seen this yet. This is what we give
you, and we ask you, sir, to invest in us.
Thank you.
CHAIRMAN SAUNDERS: I have always thought that this
particular triangle was, quite frankly, a difficult parcel to
development, just because of the access and the traffic around it.
And when you first made your presentation, I was supportive of
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putting this on the agenda, but I was not supportive of moving
forward with the rebate. I've kind of changed my mind a little bit.
So this is a question -- I'm not sure exactly what the proposal is
at this point. But I could see supporting a 10-year rebate, 50 percent
of the tax -- ad valorem taxes on the hotel but not on the
condominium. I think that that's a fairly small investment by the
county. I believe that comes out to about 1.8 million over 10 years; is
that correct?
MR. YOVANOVICH: Yeah. You know my math's not the
best. So it's probably 1.8. It will actually be based upon the real
taxes. But, you know, based upon what we think the taxes are going
to do, it would be $1.8 million over 10 years.
CHAIRMAN SAUNDERS: And if this project does not go,
then there are no taxes to split.
MR. YOVANOVICH: Right.
CHAIRMAN SAUNDERS: So I'm kind of leaning towards
that. And I don't have a problem with the 10-year period, because I
don't think it has to be tied to the CRA. But that's kind of my feeling
at this point.
Commissioner McDaniel.
COMMISSIONER McDANIEL: I couldn't have said it better. I
just wanted to clarify a couple of points.
I concur that 50 percent on the commercial aspect, not the
residential with the job creation, the revenues generated, the TDT tax,
and clarify for me, if you would, please, the 761,000 in fees for the
hotel and restaurant for a cumulative of impact fees, 275,400, all
those numbers still come to the community -- to the government by
having this project.
MR. YOVANOVICH: Right.
COMMISSIONER McDANIEL: We're getting those revenues,
and the investment that we're willing to put forth is approximately 1.6
December 8, 2020
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over a 10-year period.
MR. YOVANOVICH: Yeah, about 1.8 over a 10-year period.
COMMISSIONER McDANIEL: 1.6, 1. -- it depends on what
the actual assessed value is, yes.
MR. YOVANOVICH: I didn't know if you were testing me on
the math.
CHAIRMAN SAUNDERS: Commissioner Solis.
COMMISSIONER SOLIS: Yeah. I think I had made the
motion to allow this to come back to us just to hear the presentation.
Are there any -- Mr. County Attorney, are there any
reservations? Again, I think we have these incentives to bring
someone to invest and redevelop some property that otherwise has
been blighted and nothing's going to happen. So there's something
that makes me uneasy about this. Mr. County Attorney --
MR. KLATZKOW: We have a number of programs in Collier
County as far as economic development goes. We do not have an
ordinance with respect to tax exemptions or rebates. I believe you
would need an ordinance to do what they're asking for, and that
ordinance would have to be approved in a referendum. That doesn't
mean we can't give economic incentives. We do that all the time.
And money is fungible. So if the Board has an amount of money in
mind to incentivize this we can do it. We do impact fee deferrals.
There's a number of different ways to get to the same number. I just
don't think we can go down the road of a tax exemption, not without
an ordinance approved by the voters.
MR. YOVANOVICH: I'm not asking for an exemption. What
I'm asking for --
MR. KLATZKOW: It's a rebate.
MR. YOVANOVICH: You will collect it --
MR. KLATZKOW: And give it back to you.
MR. YOVANOVICH: It's cash. Cash is fungible. What I
December 8, 2020
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heard you say is that as the money comes in, you can provide a cash
incentive based upon collections for this project to go forward. I'm
just suggesting that. We'll -- if you want to come up with an
equivalent through deferring some fees, that was not what we were
thinking, but --
COMMISSIONER SOLIS: And let me just -- anything else
from the County Attorney?
MR. KLATZKOW: No. It's just the way you structure it. And
keep in mind, he's -- I know we're trying to relate this to the county
property, but that was as a process of a purchase and sale agreement
with a number of different terms in it. That is separate and apart
from everything else. All right.
This is -- this would be something new for the county. It's --
other counties do it, but they do it by ordinance passed by
referendum.
COMMISSIONER SOLIS: And here's my -- and here's my
other concern, and that is, how do we -- how do we judge these kind
of requests? Because I think if we go forward with this, we're going
to get a lot of these --
COMMISSIONER TAYLOR: Yes.
COMMISSIONER SOLIS: -- because anybody that's going to
build anything is going to come forward and say, you know, we're
going to create this many jobs. You ought to be assumed part of the
risk and make all this work. I mean, how do we -- how are we going
to judge these? I mean, what's the criteria? What's the -- I just think
that doing this this way, it makes me uneasy. I think there's going to
be some unintended consequences, and it just -- I'm sorry, but I don't
think I can support this, because it -- we made a decision. There was
going to be a catalyst project. We did something to get it started, and
now what you're kind of asking us to do is to switch -- change that
and make this the catalyst project. Because you said that.
December 8, 2020
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MR. YOVANOVICH: No. I said reality is, we're going to be
the catalyst project. I didn't say switch it.
COMMISSIONER SOLIS: Understood. But, I mean -- so, I
mean, I understand the question, and I understand the math. I just
think if we're going to do this, we need a -- we need a better process,
and I just don't feel comfortable doing it this way.
CHAIRMAN SAUNDERS: Let's see if we can kind of wrap
this up for a couple reasons: One is it's getting late; secondly, it
doesn't look like there's support for this. Is there an appetite of the
Board to move forward to come up with some way to do this?
Commissioner Solis, I think you've said no. Commissioner Taylor,
you've said no.
COMMISSIONER TAYLOR: No.
CHAIRMAN SAUNDERS: Commissioner LoCastro?
COMMISSIONER LoCASTRO: Well, I like the second option
where it says that the Board can decide to grant an incentive but
direct the staff to develop and bring back, you know, maybe several
agreements. One thing I will say is, I'm not in favor of throwing art
and burying utilities and all those other things. Let's just strictly talk
cash. Having the developer do all kinds of these magical little things,
I realize that sometimes it sweetens the pot, but I just think we're
making it more complicated.
But I would like to see a couple of different algorithms that
show some better options to consider because, obviously, there's, you
know, not agreement here across the board.
It's funny, though, I actually did write down here 50 percent
hotel, 10 years, and then you said exactly the same thing. So I had
written that a while ago just as a -- not as necessarily a proposal, but
just as I was sitting here doing the math. So I don't know if
somebody -- you know, Commissioner Saunders, if that was a motion
or that was just you thinking out loud.
December 8, 2020
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CHAIRMAN SAUNDERS: Well, I don't mind making the
motion. I don't think it will pass. But I'll go ahead and make the
motion just for the purpose of concluding this. But I think your
suggestion of having staff come back with some mechanism to do
this might make sense. But I'll make a motion just to conclude the
item; that staff come back with a way to handle a 50 percent rebate,
whatever you want to call it, incentive, equal to 50 percent of the ad
valorem taxes on the hotel for a 10-year period beginning in 2024.
Now, that may be a tax rebate. That may be impact fee
deferrals. That may be something of an equivalent amount, but I
think that's what you're saying, and that's kind of where I was trying
to go. And that would put it on the County Attorney to see if he can
come up with some mechanism to do that. If that passes, then we'll
go to that stage. If there's not any further discussion on that motion --
COMMISSIONER TAYLOR: Yeah, there is.
CHAIRMAN SAUNDERS: Commissioner Taylor.
COMMISSIONER TAYLOR: This is precedent setting. We
talked about precedent setting today on more than one occasion. This
unequivocally is precedent setting. This is not what the CRA is
designed for. We are not in the middle of the Everglades talking to a
developer who wants to build there. We are at the entry to Fifth
Avenue South. And just because other counties do it doesn't mean
Collier has to do it. We're the CRA. We're the CRA that's up and
coming. We're the CRA where one person, one woman -- do we
remember her? Rebecca Maddox. Does anybody remember Rebecca
Maddox and how much money she spent on Bayshore? If there was
any street -- any street that was the street that no one ever wanted to
walk down, it was Kelly Road and Bayshore, and she decided to
build there and invest in it, and she is still doing it. Did she come to
us and ask for money? No. Was her hand coming out? No.
Why are we doing this? This is -- it doesn't have to be "let's
December 8, 2020
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make a deal." We have a CRA that is developing and growing, and
there's no reason why General Fund has to pay a developer to
develop in the CRA.
CHAIRMAN SAUNDERS: My rationale for making the
motion is simply I do believe this is a very difficult area to develop. I
do believe this will be the catalyst project, potentially, to get this
whole area under redevelopment. That's the sole reason. I don't
consider this to be a precedent at all. There has to be a first or second
project. But beyond that, this does not set a precedent for that.
So we have a motion and a second. I'll call for the vote. All in
favor, signify by saying aye.
COMMISSIONER LoCASTRO: (No verbal response.)
CHAIRMAN SAUNDERS: Aye.
COMMISSIONER McDANIEL: (No verbal response.)
CHAIRMAN SAUNDERS: All opposed, signify by saying no.
COMMISSIONER SOLIS: No.
COMMISSIONER TAYLOR: Opposed.
CHAIRMAN SAUNDERS: Okay. Let me start over again.
Let's hear how that all played out.
We have a motion and second. All in favor, signify by saying aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN SAUNDERS: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN SAUNDERS: All opposed, signify by saying no.
COMMISSIONER SOLIS: No.
COMMISSIONER TAYLOR: Opposed; no.
CHAIRMAN SAUNDERS: All right. That passes 3-2. Now,
staff's going to come back with recommendations on how to
accomplish it. That doesn't mean we're going to do it. That just
means we're going to try to figure out if there's a way to, because
we'll have to have another motion at that point, all right.
December 8, 2020
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MR. YOVANOVICH: My only request, can we be on the
January agenda to meet the schedule we've set forth --
COMMISSIONER McDANIEL: Sure.
MR. YOVANOVICH: -- to be successful.
CHAIRMAN SAUNDERS: Mr. Klatzkow, how long do you
need to come back with --
MR. KLATZKOW: My understanding is that staff's going to
develop a proposal that I will review. My review won't take that
long. It's the question of staff coming up with a proposal.
CHAIRMAN SAUNDERS: All right. Who on staff can give us
a little bit guidance on that? Mr. Ochs, can you --
MR. OCHS: We can have a proposal for you by the first
meeting January.
CHAIRMAN SAUNDERS: All right. So we'll put it on that
agenda.
MR. YOVANOVICH: Appreciate it. Thank you.
CHAIRMAN SAUNDERS: There's no guarantee that it's going
to be approved. We're still talking.
MR. OCHS: I'm not sure what it will look like, but...
COMMISSIONER TAYLOR: The camel's nose is in the tent.
CHAIRMAN SAUNDERS: All right.
COMMISSIONER LoCASTRO: It's only precedent if we
approve it.
CHAIRMAN SAUNDERS: That's correct. It's only precedent
if we let it be precedent.
COMMISSIONER TAYLOR: I'm going to hold you to that, sir.
CHAIRMAN SAUNDERS: It's getting late. Let's see if we can
kind of fly through some of these things. We've got a couple items
that are going to take some time. We're now on Item 10B. I'd like to
have that combined with 11G. We're going to be talking about the
manager. I don't see any point in doing this -- that situation twice.
December 8, 2020
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And, Commissioner Taylor, if you have no objection, let's go ahead
and combine that.
COMMISSIONER TAYLOR: Not at all.
CHAIRMAN SAUNDERS: So 10B will be combined with
11G, which we'll here a little bit later on.
That takes us to 11B, as in boy.
Item #11B
SIXTH AMENDMENT TO AGREEMENT NO. 17-7198 FOR
CONSTRUCTION MANAGEMENT AT RISK (“CMAR”)
CONTRACT PHASE 2.1 AND 2.2A - GUARANTEED
MAXIMUM PRICE (“GMP”) NO. 5 FOR FIVE FIELDS, LAKES,
ROAD, INFRASTRUCTURE, AND NORTHWEST PARKING
LOT PACKAGE TO MANHATTAN CONSTRUCTION
(FLORIDA), INC., FOR THE NEXT PHASE OF THE SPORTS
COMPLEX AND EVENTS CENTER (“SCEC”) IN THE AMOUNT
OF $32,998,449 – APPROVED
MR. OCHS: Yes, sir. This is a recommendation to approve the
Sixth Amendment to the Construction Management at Risk
Guaranteed Maximum Price contract with Manhattan Construction,
Incorporated, for the next phase of the Collier County Sports
Complex and Events Center in the amount of 32,998.449 -- excuse
me -- 449 dollars.
Mr. Casalanguida will make the presentation.
MR. CASALANGUIDA: Thank you, Mr. Manager.
Mr. Chairman, I'll try and be brief, but there's some things I
want to make sure we cover in here for the public and for the new
commissioner as well, too. I'll take you through a fairly quick slide
show and then answer any questions that you have.
December 8, 2020
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I do want to take the time, since it's my last time in front of you,
to thank the team: Davidson Engineering, Populous, Manhattan, the
county staff, and especially Margaret Bishop, who has relentlessly
put up with me over the past two years on this project and done an
amazing job. So, Margaret, thank you. She's right behind me.
All right. Commissioners, just the location of the project. This
is central to all the activities you've acquired in projects that you
have. Golf course, government operations business park, where the
sheriff's evidence building will be, Collier County landfill, and the
Hussey property.
Timeline leading up to the construction: Site selection, 2016;
bond validation, 2017; design, 2017; initial construction in 2018. It's
hard to believe that a winter-and-a-half ago we were kind of working
on this project and just clearing the land to what we have right now.
Quickly take you through some slides, show you kind of what we
have today. These are aerials. You don't get to see them from the
sky too often, neither does the public, but the whole complex to the
west is predominantly open, and in about two weeks we will open up
the stadium for the first project that we have with FBU with All
American Games. And just give you some views of the project as it's
been opened up.
And then this will tell you that last week they dropped the turf in
the stadium. We did not know if we were going to make it. We met
with our delivery team, and the lights will be on generators for FBU,
the stadium install, bleachers will be done, and the concrete guys are
working seven days a week starting at 6:00 a.m., double pours a day
to get to FBU for the 18th. So we are going to make it,
Commissioner Taylor. You've been out on site a few times.
COMMISSIONER TAYLOR: Yes.
MR. CASALANGUIDA: Give you a little bit of context,
because this has come up a few times in this project in terms of cost.
December 8, 2020
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This is North Collier Park. And I want to tell you, it's 208 acres, and
in 2003 it was $54 million to build. You build that today, it would be
$110 million, and it's not as big as the Paradise in terms of
amenities -- Paradise Coast Sports and Special Event Complex.
This is Big Corkscrew. These are your regional facilities. 2022,
estimated $90 million. Again, not as big in terms of amenities but
acreage-wise, the same thing, and it has a small water park as well,
too.
Our complex, as you look at it, it's 178 acres. Many more
amenities than both those other two facilities along with the stadium,
although no water components are there, and your 2022 cost to build
is 105-. Now, your negative variance that I gave you about a year
ago was 8 to 12 million. I'm at 20 to 22 million. So I'm up another
10 million in terms of costs, and I'll walk through kind of a reason
why, and one of my next slides will explain that.
This is your construction building index going back to 2002.
And if you can see in this area, right around here is where we started
the project, and we've inflated 20 percent since we originally gave
you that first estimate, and we've added some amenities as well, too,
predominantly your site conditions. I'll show you in a couple other
slides why that's there.
So Turner Construction building -- and this has gone up
20 percent since we started the project and 100 percent since
Corkscrew -- I'm sorry -- North Collier was built. The Clerk's Office,
who has been a really good partner in this project, pointed out that a
lot of our projects, she presented a report or a newsletter in
November, that have increased beyond initial estimates. That's
happening across the board. You're going to see that when we do the
mental health facility and other projects what we estimated out.
They're about 20 percent higher, 20 to 25 percent higher than we
originally estimated.
December 8, 2020
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Commissioner McDaniel asked about operating costs. The
interesting model, the blue and orange line are your North Collier and
your Corkscrew Regional Park. They cost us about $4 million in
General Fund. Your green line, because it's a public/private
partnership based on a revenue-driven model, runs about half the cost
of your other facilities.
Now, one thing I can tell you is, discussions with Leo and the
team as I get ready to leave, we want to look at our other facilities,
what we've learned from our operator, how to monetize some of
those facilities better, providing on-site food and beverage, providing
on-site markets, having things that generate revenue on our parks.
Right now I play at North Collier, and at nighttime when you're
done playing you leave and you go find someplace else to eat. At the
Sports Complex you don't. You walk across the lawn, you walk over
to the bar, you get a beer, and the food truck provides you whatever
you want there. So we're going to look at that.
But to give you a feel, Commissioner McDaniel, we run about
50 percent or 50 cents on the dollar in operating costs to our other
parks. Which you start running it out year over year, $2 million a
year over 10 years, you start talking $20 million in going forward.
Future of the complex today, proposed construction is to the east
in the orange. One thing we've added and, Commissioner Saunders,
to your credit, we were going to give back that land, the
two-and-a-half acre option. Uline to the west bought acreage at
$500,000 an acre, and our contract price was 200,000 an acre. So
we've acquired or we are about to acquire in January this 1.7-acre
piece and add 185 new parking spaces, which is in this contract in
front of you today. Why? Because the great lawn, the Cove, that
restaurant area we have, there's no place to park in that corner.
So that's an important addition that we did not have, but that
added value. To your credit, we did not give back the land. We kept
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that option open. Today you approved the extension to close in
January on your consent agenda.
We're also constructing the entrance into the government
operations business park as part of this project. The sheriff's
evidence building is going to start construction in about a year. So
we'll construct the entrance, the drainage system, and the road going
into the government operations business park. Didn't make any sense
to do it as a second project, so we bid that out as part of doing this
project as well, too.
Future of the complex, I think you can get a feel for what's
going on. Today you approved the plat for Uline. The second plat
that was provided [sic] to make that Developer Contribution
Agreement live, so they are going to move forward. So they're going
to add five acres to the lakes. It will be a one-mile course around the
lake. They are giving us 500 more parking spaces, as we talked
about last time, and about, I would say, close to $300,000 in fitness
amenities. That's at no cost to you, and you are not paying for that,
and that's not added in that negative variance. That's on their dime to
do that. So that's what that's going to look like.
I know Mr. Callahan is working with Hunden, will be back in
January to talk about Great Wolf. A little bit of your conversation
today regarding the benefit and should you get into agreements with,
you know, investors, I'm sure that will come up with this Great Wolf
proposal, because they have told us they're not going to come
forward unless there is some sort of tax incentive or something to talk
about with the Board.
Master phasing plan, as we've gotten more visibility as we move
forward in the project, and if you remember the Board directed us the
last time we were here is they didn't like that multipurpose field.
They wanted us to get back to more of a little bit of a baseball and
shared-use facility, so we made that change, as you've seen in the
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past, and we've added lakes.
What is costing us a significant amount, that shaded area to your
right is much lower than we thought in terms of the muck that's there
we've got to pull out to build the road and do the east side of the park.
Our permit for that section was just released from the Corps and
environmental agencies about a month-and-a-half ago, and you just
released, last month, the clearing and grubbing of that area. So we're
going to start next week clearing the area that's there.
This is what's in your contract. So you're going to get five more
fields along with an overflow area next to Field 9. You're also going
to get a really large 50 feet wide by about 150 feet long open canopy
structure to the east of Field 9. Comments we received is there's not
a lot of -- there's a lot of shade there but still not enough shade and
refuge when we get to summer rains to get there.
You're going to get the south connecting road to the east, all the
areas in pink. You'll get the blue campground that's in that southwest
corner south of Field 9. You will get the park road that wraps around
the City Gate Boulevard north. The lake excavation will be done.
And going back to two thousand probably '16 when we bought the
land from City Gate, we agreed to take the water management. So
those blue lakes east of those fields will satisfy that agreement for
Uline to come forward, and everybody else. That water will pass
through our lakes, and we'll have fulfilled that obligation.
So what Margaret, Josh, and myself have been repeatedly, along
with Manhattan, over the past six months is to really chop this down
to what we think we could bring you to what I'll call a minimum.
The rest of this, as I'll show you in the next slide, can be done in
tranches in pay/go phases. So the rest of the blue parking area that
will loop is about $8 million. Then I will cull each cove of fields.
They're roughly 4 to $5 million apiece. They do not have a lot of
amenities on them, but we tried to get it back into that budget that
December 8, 2020
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we're trying to squeeze down.
Our intention is, as much as we want to see the baseball come
forward, we're doing some internal borrowing, and Mark is here to
talk about that, to get these next what I'll call mandatory phases done.
And I really think that you're going to have a good experience in '21,
going into '22, and then you can decide to pay/go these in as come in.
We were getting a positive variance of about 3-and-a-half to
$4 million before COVID hit on your TD tax.
Our naming rights release in January from our superlative
contract, so now they're done. We will -- as Commissioner Taylor
knows, we're going to start talking to some folks. That's $8 million
that will come back into the project. You'll then decide if you want
to apply that to paying off or refunding internal borrowing or if you
want to apply it to any one of these phases going forward.
Mark, I think, is here to talk about any -- in the back any, cash
management maneuvers he's done to get this ready. There's not a lot
we could chop out of this thing because of your internal requirements
through your prior agreement to build these lakes. And if you build
the lakes, we're crazy not to build those fields between the lakes and
the fields that we have. So I think we've wrapped up what we can in
terms of doing this project.
Commissioner Taylor, you had asked a little bit about some of
the impact. Brian from Sports Force, the CEO, is here, and he has a
short presentation.
So this is the recommendation in front of you, to move forward
with this phase. Get this phase constructed and about halfway
through next year probably evaluate where you are in terms of
COVID, the vaccine, and if our tourism numbers are going back up
and decide how to proceed with additional phases if you would like.
That covers my presentation. I can answer any questions for
you that you have, and then I can pass it over to Brian to give you a
December 8, 2020
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little bit about what they're doing with the park.
CHAIRMAN SAUNDERS: All right.
MR. CASALANGUIDA: Good?
MR. STORM: Good afternoon. Thanks for allowing me to
have an opportunity to meet the commissioners. I met some of you
independently along the way. My name's Brian Storm. As Nick said,
I'm the CEO of Sports Force Parks.
Let me start by congratulating you, current board, prior board
members, and the staff in the vision that you had to build what will
undeniably be the best sports park in this country. We are in the
sports park business. We run other parks in this country, and I can
tell you, honestly, this is the best park, bar none, as this park
completes.
So what I'd like to do is take you on a little bit of a tour as to
some things that we're doing. This is from the start to where you are
today.
(A video was played as follows:)
This is the combination of just so much hard work, like the
sweat, the tears, the joy. This is going to be, like, a prime location for
sports all over the nation.
It's blown me away. I've worked in athletics for over 15 years
and this, by far, is one of the most fantastic projects and sports
complexes I've ever been around.
Immediately I saw their vision was different. It was unique. It
is even more magnificent than what I originally envisioned.
(The video concluded.)
MR. STORM: So that is your vision in action. So we're very
proud to be a partner here with Collier County.
And when this park is fully built, both baseball, softball,
football, soccer, rugby, lacrosse, and a host of other events -- sporting
events will happen here at this park. In addition to that, there will be
December 8, 2020
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cultural arts music events in the park as well. I think that's an
important part.
We look at it as two buckets. We have the community basis,
and we tell people all the time. There's the community. This is good
for the community, good for what goes on here, good for
constituents, good for the citizens of Collier County.
There's the economic engine bucket which is local, regional, and
national and international tournaments that we can host here in this
paradise, and I think that's very important for you guys to realize.
So let's talk a little bit about some of the past events we've had
over the last couple weeks, and I'm trying to be brief.
So in July we opened. You know, as we -- construction gets
finished, we open bits and pieces. It's been an amazing journey.
Sometimes it's a little short on getting open, but the staff has done a
great job of helping us get things open, and I think the people that
have come have enjoyed it. So we -- Top Gun, we did a kick-off
classic, the Gulf Coast Kick-Off Classic. We had a Columbus Day
event. We ran the Alliance Cup about three weeks ago, and then just
after Thanksgiving we run the Plantation Thanksgiving Classic. We
had a ton of kids here, ton of teams here, and I think that you'll see
that it generated a lot.
People come. There's lots of things to do, whether it be the
factory, the workout space, the Cove, which is the outdoor bar. If
you look at that top picture in the center, that's a view across the lake
from the Cove. It's the -- it, to me, is what Naples is all about. It's
the beautiful sunset on the corner shore of the Florida coast.
And then all of the activities, whether it be the food trucks, the
food, all the things that we're offering at the park. And the park is
only going to grow, because keep in mind we just talked about the
next five fields. The stadium comes online here in a couple weeks,
and this thing is just going to continue to grow and become a
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destination, again, nationally and internationally, as well as for local
citizens.
Here is the park in action two weeks ago.
(A video was played.)
CHAIRMAN SAUNDERS: Is that you, Andy?
COMMISSIONER SOLIS: That was Nick.
MR. STORM: So when you have a project like this, it's really
about the numbers, right? I've been here for a good part of the day
and listening to your interactions with people, and so we want to talk
about -- a little bit about some -- what we believe are some great
numbers. Again, we started and opened this park in pieces as we go.
We've had 9,487 athletes, 57,000 guests visited, 3,200 hotel rooms,
and 15,000 local visitors because, don't forget, Monday through
Friday the park is open, and people come out and they use it, they
schedule it, and the park is being occupied. We only have four fields
right now, technically. And we're producing these kinds of results.
And, ultimately, best we can tell, $2.2 million in economic impact in
the last, I'll really call it, six weeks, because we did have the FBU
event in July, but a lot of it has been in the last six weeks. So I think
it's a testament of what -- you can look for what's ahead and how the
park as it builds out is just going to be a phenomenal place.
So what do we have for future events? FBU national
championship has come up that you all know about, I believe.
Soccer, youth, all American Golden Cup. We've got lacrosse and
Soccer Master's Boys Camps. We've got the Naples Cup after the
first of the year. Naples United, we're just inking a partnership with
them to bring the only professional sports team in Naples to the
stadium.
We also have three or four other soccer clubs that we're working
with right now to bring some friendlies. We're working with the
USL. There's a lot of stuff going on behind the scenes.
December 8, 2020
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On special events, we're doing a Coastal Christmas coming up.
We've got a Santa drive-through experience, a paint in paradise, art,
musical, and culture events. Please make sure you check our
calendar. There's going to be a lot of really cool events after the first
of the year.
And then what we call holiday events. The first one you're
going to look at there and go, "Super Bowl." Well, Super Bowl's not
a holiday, but as an employer it appears to be a holiday because a lot
of people take Super Bowl off, and there's a high amount of people
missing on Monday, typically, after Super Bowl Sunday.
We're planning to do some stuff here for Mardi Gras, Super
Bowl, St. Patrick's Day. So those are the kinds of things that the
park -- when we first started in this partnership, we thought we were
going to have a sports park. And in the incredible vision that you
guys have had, we have way beyond a sports park. We have an
entertainment facility.
So just for a second, let me take you down this -- down this
dream. The park is fully built. We're playing a baseball tournament
on the full-size baseball fields. I've got a youth tournament on a
softball field on the five -- tournament on the five. I've got lacrosse
going on five fields. I've got soccer going on on four fields. I've got
a wedding at the Cove, and we're having a concert on Saturday night
in the stadium.
That's the power of the park, and that's what I see the vision for
the park. And so I want you to think about, as you're funding and
approving the rest of this park, for us, it's an exciting opportunity to
be a partner here with Collier County.
So that's what we're up to. So thank you very much. If you
have any questions, I'm happy to answer them for you.
CHAIRMAN SAUNDERS: All right. Any questions?
(No response.)
December 8, 2020
Page 203
CHAIRMAN SAUNDERS: We do need a motion to approve
the sixth amendment.
COMMISSIONER TAYLOR: What --
CHAIRMAN SAUNDERS: Commissioner McDaniel, are
you --
COMMISSIONER McDANIEL: I was No. 2. Somebody else
was ahead of me.
CHAIRMAN SAUNDERS: Commissioner Solis?
COMMISSIONER SOLIS: Oh, no.
CHAIRMAN SAUNDERS: Commissioner McDaniel.
COMMISSIONER McDANIEL: Just one. I didn't see on the
plan, and I forgot to ask you about it yesterday, is the potential still
existent for the field house, the Cat 5 field house?
MR. CASALANGUIDA: Yes.
COMMISSIONER McDANIEL: I didn't see its potential.
MR. CASALANGUIDA: Still preserved. You have 9 million
in sales tax funds for hurricane that's sitting aside, we have a
$9 million grant application in, and we've got a private person that's
approached us. I didn't want to -- I don't want to build you up, but
they're talking about asking us if they can attach a hockey stadium to
our field house, and they'll fund it. So I said, well, let's put that aside.
But it's all right there in reserve. We've got room for the field house.
We've even got room for the hockey arena if that moves forward.
COMMISSIONER McDANIEL: Well, because -- again, just to
reiterate, one of the things that sold me on this from the beginning
was the 80,000-square-foot, Cat 5, east of 951/Collier Boulevard to
help protect our citizenry as a shelter.
MR. CASALANGUIDA: Still in the site plan. It is on your site
plan.
COMMISSIONER McDANIEL: Okay.
MR. CASALANGUIDA: Yep.
December 8, 2020
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CHAIRMAN SAUNDERS: All right. We do need a motion
then on the sixth amendment.
Commissioner Taylor.
COMMISSIONER TAYLOR: Yes. I think we need to talk a
little bit about the money and how --
MR. CASALANGUIDA: Sure.
COMMISSIONER TAYLOR: -- you're planning on doing this,
and --
MR. CASALANGUIDA: I'll have Mark come up, if you'd like.
COMMISSIONER TAYLOR: Thank you.
MR. CASALANGUIDA: And just to talk about --
Commissioner Taylor asked about what it costs to do a beach
renourishment with a hopper dredge. Our original one was about
25 million. Last one we put out was 32 after this internal borrow, and
there's still over 40 -- over 40 million in reserves.
MR. ISACKSON: Good afternoon, Commissioners, Mark
Isackson with the Office of Management and Budget.
About two weeks ago Nick came down to my office and says,
you're going to need $33 million. And you've got to remember that
it's nice to have a "sources and uses of fund" table that was in the
considerations. Part of that talked about the naming rights,
sponsorships. That doesn't do me any good right now, because we
have to let a contract.
So what we did was we stayed very true to the original concept
which was using tourist tax dollars to pick up the construction costs
and using, essentially, general governmental dollars to pay for the
real estate. So within that -- within that particular confine, what we
try to do is say, okay, where are the dollars available right now that
we can use to pick up the costs of this $33 million? You've got
substantial reserves sitting in 195.
COMMISSIONER TAYLOR: Which is beach.
December 8, 2020
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MR. ISACKSON: Which is your Beach Renourishment Fund,
pardon me. You've got substantial reserves sitting in 183, which is
your Beach Park Facilities Fund, 7 point some-odd million dollars.
That was set aside for a parking garage which I don't think's going to
happen for a time -- for a period of time.
Then you've got impact fees which will be used to pick up the
circular roadway. So those three components, we think we can
leverage that in order to pick up the costs, the $33 million.
Now, what's the payback mechanism? The fifth penny was
essentially used as a promotional tool. That's what we -- that's why
you added the fifth penny. And part of that is used to pick up the
debt service cost on the original $65 million bond issue. Now, above
that, the dollars above that that come in will be used to pay back the
advances that we take from the Beach Renourishment Fund reserves
and the -- excuse me -- the Beach Park Facility Fund reserves.
So we think that the more important payback is the beach -- the
beach renourishment reserves. And Nick mentioned in his
presentation that there is a potential for that naming rights to come in.
If those naming rights come in, we pay back the reserves that we
pulled from the beach renourishment and almost make that whole,
essentially.
COMMISSIONER TAYLOR: Okay.
MR. ISACKSON: So we think it's a good plan. We think it
stays true to the original concept that we were -- that we originally
talked about. Now, doesn't fund, as Nick says, the remaining phases
of this. You're going to have to take a look at that as a pay/go basis.
But for this part, this 33 million, we think the strategy is sound.
COMMISSIONER TAYLOR: Thank you. Thank you.
CHAIRMAN SAUNDERS: All right.
COMMISSIONER TAYLOR: Make a motion to approve.
CHAIRMAN SAUNDERS: All right. We have a motion. Is
December 8, 2020
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there a second?
COMMISSIONER SOLIS: I'll second.
CHAIRMAN SAUNDERS: I have a motion and second. All in
favor, signify by saying aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN SAUNDERS: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN SAUNDERS: All opposed?
(No response.)
CHAIRMAN SAUNDERS: That passes unanimously.
Item #11C
EVALUATING OPTIONS FOR THE GOLDEN GATE GOLF
COURSE DEVELOPMENT PROJECT AND PROVIDE
DIRECTION REGARDING THE DEVELOPMENT OF A NEW
INVITATION TO NEGOTIATE (“ITN”) OR OTHER
SOLICITATION TO REDEVELOP AND OPERATE THE GOLF
COURSE THROUGH AN AGREEMENT WITH THE COUNTY -
MOTION TO ISSUE A NEW ITN – APPROVED
CHAIRMAN SAUNDERS: On 11C, that is the Golden Gate
Golf Course development, the recommendation is to do an invitation
to negotiate again. I'm going to ask the Board to move this along,
give it one more shot at getting a golf course developer and operator
to come in with cash for the deal.
Commissioner Solis, staff has indicated that developing a
passive park will cost -- the staff report says $7 million. I don't know
that it would really cost that much. They also indicate that a golf
December 8, 2020
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course would cost 14 million. I don't think a golf course would cost
that much. But we do know that a passive park will be expensive.
And if we can get a golf course developer and operator to come in
with at least a portion of the cash needed and we put in a certain
amount maybe equivalent to what it would cost to do a passive park,
then I think we have a home run there. I know your goal was to have
a passive park, but we have several passive parks. We just heard a
discussion of one of them at our amateur sports facility.
So I'd ask the Board to go along with doing an invitation to
negotiate one more time. Let's see if we can get the right golf course
developer and operator who is willing to put some money in this to
develop a golf course out there. And with that, I'll make a motion to
do that.
Now, we may need some further discussion. I don't know if we
need anything else from staff on that.
MR. CASALANGUIDA: I think we need just a little bit of
color on the dollar amount if we're going to put some match to that,
what the limits should be. I mean, on the low end it was five million
to do some sort of passive park. On the high end it was 7.8. If we're
going to go out with an ITN with some sort of public/private, you
know, we'd probably just need to know what this number is to create
the ITN.
CHAIRMAN SAUNDERS: All right. I would suggest that,
you know, if we have to throw out a number, that the county be
willing to put in the 5 million that it would cost for a passive park.
Just to get interest from developers and golf course operators.
So I'll make that as a motion, that we do a request for an
invitation to negotiate from a golf course operator and developer; that
the county would be willing to consider putting cash into the
development of a golf course up to $5 million. I don't want that to be
a hard number, because if somebody comes back and says, well, we
December 8, 2020
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need 5.5 million, I want the county to have some flexibility there. So
I'll make that in the form of a motion.
COMMISSIONER McDANIEL: I'd second that if you would
give consideration to not naming a number at all. I don't -- I don't
like opening the door for us to make -- there may be somebody out
there that would like to come along and do a project here where we're
not as exposed as we currently are with the circumstances.
CHAIRMAN SAUNDERS: I'll take that out of the motion
because, quite frankly, I didn't want to put a number in there.
MR. CASALANGUIDA: Okay.
COMMISSIONER McDANIEL: I'd rather -- I'd rather we not,
because we're not limited on an INT -- ITN. We're not limited to
accept or reject or do anything. So I'm totally in favor of going
forward, but I would rather we just -- we open the door up to see who
wants to come along.
CHAIRMAN SAUNDERS: That's the motion then.
MR. OCHS: With no public participation in the development?
COMMISSIONER McDANIEL: Or not.
CHAIRMAN SAUNDERS: Well, let's see what somebody
comes back and tells us that they need. ClubCorp initially said that
they would put 100 percent of the money into a golf course, and then
one day they came back and said they needed seven million. Let's
see what a golf course developer/operator can come up with.
MR. OCHS: Proposes?
CHAIRMAN SAUNDERS: Yep. Commissioner Taylor.
COMMISSIONER TAYLOR: Yeah. I would -- this is your
district, and I think your heart has been involved in this and,
certainly, your work has been involved in this, so I certainly would
support your motion and to go and kind of figure out what's out there,
what we could do. But just as an aside, I don't want -- the sports park
is not a passive park. It's an active park. A passive park would be
December 8, 2020
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Baker Park.
CHAIRMAN SAUNDERS: Right. No. I didn't try to imply
that the sports park was a passive park, but we have a fit trail there. I
think you indicated a loop around the lake that's a mile long. That's a
passive part of the park. People can go out there and walk their dogs
and jog and whatever, and that's what a passive park is really all
about. So I was pointing out that we do have that type of amenity
nearby.
COMMISSIONER TAYLOR: Okay. Yeah, and that's very
true. It's right down the road.
The other thing is, is that Collier County knows how to build
parks. If anyone has walked around the Golden Gate Park, the city,
what a beautiful park. It's so -- it's extraordinary. Tree-lined winding
roads, and Eagle Lakes is just -- it dazzles me. I keep wanting to go
back out there. So we know how to do this. So let's -- I think there's
no -- we don't have any loss in going out and seeing what the market
will bring to us.
CHAIRMAN SAUNDERS: Commissioner LoCastro.
COMMISSIONER LoCASTRO: I was just going to say, I
remember sitting in the audience when the companies that were
solicited came in here to make their pitches for the Golden Gate Golf
Course, and one of the things that was said up here was, you know,
we advertised it a little bit. And if I remember correctly, like, before
Thanksgiving. It closed out right before Christmas. And we might
not have gotten the best.
You know, this is a complicated project, so for a company to
really analyze it and come in here and make a complicated
presentation to us with all the positives, you know, it might take more
than a short amount of time. So I'm not saying I know what that time
frame is, but if we're going to give this one more chance, let's make
sure we put it out on the street with enough timing.
December 8, 2020
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And I would echo that we don't show our hand with any amount
of money. Let them come to us and say, we've got all the money in
hand or here's our proposal or, you know, if you want us to buy
artwork or -- I hope that's not the case, but that sort of thing.
COMMISSIONER TAYLOR: I need to educate you on this
artwork issue.
COMMISSIONER LoCASTRO: I love art.
CHAIRMAN SAUNDERS: Let's do that at a different time.
COMMISSIONER LoCASTRO: But just that we give it
enough time so that we really get an aggressive amount of people that
come forward so we have lots of options.
MR. CASALANGUIDA: Just to be clear, so it's a golf course
partner, and it's 12 holes and some sort --
CHAIRMAN SAUNDERS: Let's -- there's a piece of property
out there.
MR. CASALANGUIDA: Okay.
CHAIRMAN SAUNDERS: Let's don't put any limitations on it,
because I've heard that there are some developers and operators that
can fit an 18-hole golf course on there.
MR. CASALANGUIDA: Okay.
CHAIRMAN SAUNDERS: So I don't want to have any
limitations that way. Let's see what these companies can come out
with.
MR. OCHS: This is develop and operate, correct, Mr.
Chairman?
CHAIRMAN SAUNDERS: Correct.
MR. CASALANGUIDA: Got it.
CHAIRMAN SAUNDERS: Commissioner Solis, did you have
anything else?
COMMISSIONER SOLIS: Well, everybody said what I was
going to say. And I'll just add that, you know, I remain very skeptical
December 8, 2020
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about being in the golf course business.
CHAIRMAN SAUNDERS: All right. Did we vote on that?
MR. OCHS: No.
CHAIRMAN SAUNDERS: All right. We have a motion and
second. All in favor, signify by saying aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN SAUNDERS: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN SAUNDERS: All opposed?
(No response.)
CHAIRMAN SAUNDERS: That passes unanimously.
COMMISSIONER McDANIEL: Another great report, Jeffrey.
Item #11D
RESOLUTION 2020-236: ENTERING INTO TWO UTILITY
WORK BY HIGHWAY CONTRACTOR AGREEMENTS WITH
THE FLORIDA DEPARTMENT OF TRANSPORTATION
(“FDOT”) TO HAVE ITS HIGHWAY CONTRACTOR
COMPLETE ALL NECESSARY UTILITY RELOCATION OF
EXISTING COLLIER COUNTY WATER-SEWER DISTRICT
UTILITIES DURING THE CONSTRUCTION OF THE FDOT I-75
AND 951 INTERCHANGE IMPROVEMENTS PROJECT AND
AUTHORIZE THE NECESSARY BUDGET AMENDMENT
(PROJECT NO. 70229) – ADOPTED
MR. OCHS: 11D is a recommendation to enter into two Utility
Work by Highway Contractor Agreements with the Florida
Department of Transportation to have its highway contractor
December 8, 2020
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complete all necessary utility relocation of existing Collier County
Water/Sewer District utilities during the construction of the FDOT
I-75 and 951 interchange improvements project and authorize
necessary budget amendments.
Mr. Chmelik is available to present or respond to questions from
the Board.
COMMISSIONER SOLIS: I'll move for approval.
COMMISSIONER TAYLOR: Second.
COMMISSIONER McDANIEL: Second -- third.
CHAIRMAN SAUNDERS: All right. We have a motion and
second. All in favor, signify by saying aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN SAUNDERS: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN SAUNDERS: All opposed?
(No response.)
CHAIRMAN SAUNDERS: That passes unanimously.
Let me make a suggestion. Let's pick up -- in reference to the
appointment of Daniel Rodriguez and Jamie French, let's hold off on
those for just a minute, because I think we're going to need to take a
break in a few minutes, and those items could take quite a bit of time.
So with the permission of the Board, let's move on to 14A1.
We'll take a couple items, and then we'll take about a 10-minute
break and come back on the staffing issues.
MR. OCHS: Yes, sir. Commissioners, we have several items
on your airport agenda all related to a positive project, and that is the
renovation and rehabilitation of Runway 18-36 at the Immokalee
Regional Airport.
December 8, 2020
Page 213
Item #14A1
AN AGREEMENT PERTAINING TO THE AWARD OF
INVITATION TO BID (“ITB”) NO. 20-7784, “IMMOKALEE
REGIONAL AIRPORT RUNWAY 18/36 REHABILITATION,”
WITH PREFERRED MATERIALS, INC., IN THE AMOUNT OF
$5,887,182.54, AND AUTHORIZE THE CHAIRMAN TO SIGN
THE AGREEMENT – APPROVED
MR. OCHS: The first item, 14A, is to approve an agreement of
an award of a contract to Preferred Materials, Incorporated, for the
runway rehabilitation in the amount of $5,887,182.54, and authorize
the Chairman to sign the agreements.
COMMISSIONER TAYLOR: Move approval.
COMMISSIONER McDANIEL: Second.
CHAIRMAN SAUNDERS: All right. We have a motion and
second. Any discussion?
(No response.)
CHAIRMAN SAUNDERS: All in favor, signify by saying aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: 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.
Item #14A2
December 8, 2020
Page 214
FIRST AMENDMENT TO AGREEMENT NO. 19-7558, “DESIGN
& RELATED SERVICES FOR IMM RUNWAY
REHABILITATION & TAXIWAY C EXTENSION PROJECTS,”
FOR POST DESIGN SERVICES IN THE TOTAL AMOUNT OF
$73,744.50, WITH HOLE MONTES, INC. – APPROVED
MR. OCHS: Item 14A2 is a recommendation to approve the
first amendment to the design services contract for the same runway
rehabilitation and Taxiway C Extension Projects at the Immokalee
Regional Airport. These are for post-design services in the total
amount of $73,744.50, with Hole Montes, Incorporated.
COMMISSIONER McDANIEL: Move for approval.
COMMISSIONER TAYLOR: Second.
CHAIRMAN SAUNDERS: All right. We have a motion and
second. Any discussion?
(No response.)
CHAIRMAN SAUNDERS: All in favor, signify by saying aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: 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, sir.
Item #14A3
AGREEMENT NO. 20-7726, “CEI SERVICES FOR IMMOKALEE
REGIONAL AIRPORT RUNWAY 18-36 AND TAXIWAY C,” IN
December 8, 2020
Page 215
THE LUMP SUM AMOUNT OF $795,520 WITH ATKINS
NORTH AMERICA, INC. – APPROVED
MR. OCHS: Item 14A3 is a recommendation to approve and
authorize an agreement for construction, engineering, and inspection
services related to the Immokalee Regional Airport runway and
Taxiway C rehabilitation project in the lump sum amount of
$795,520 with Atkins North America, Incorporated.
COMMISSIONER McDANIEL: Now, this is a companion item
to the other one where we're hiring the same company. Do we have
to hire them now in order to facilitate the balance of these approvals?
MR. CASALANGUIDA: Justin's right over your shoulder,
boss.
MR. OCHS: Justin.
COMMISSIONER McDANIEL: Hey, Justin.
MR. OCHS: Mr. Lobb can address that, sir. It's 14A3, Justin.
It's the CEI Services.
MR. LOBB: Commissioners, good afternoon. For the record,
Justin Lobb. Apologies, just a little jumbled with this item moving
up here. We flew in from upstairs.
MR. OCHS: No pun intended. It is an airport item.
CHAIRMAN SAUNDERS: You made a good landing.
MR. LOBB: Thank you.
COMMISSIONER TAYLOR: The runway's a little rough,
though.
MR. LOBB: It sure is. And thank you. We appreciate your
approval of the first couple items on this.
Yes, this item here with Atkins, 14A3 for the construction,
engineer, and inspection, it is a companion to this runway and
taxiway project that the Board approved at the last agenda with Ajax
Paving, and going in a different direction at this point would delay
December 8, 2020
Page 216
the execution of those projects.
MR. CASALANGUIDA: And, Commissioners, if I could add,
this is also just a horizontal job. There's no vertical work in this. It's
very low risk in terms of, you know, if you're concerned about
Atkins.
COMMISSIONER McDANIEL: It's not them in particular.
Again, it's them in particular in this instance because of previous
circumstances that have evolved because of their hiring by us. I'm
going to move for approval of the item as recommended, because I
don't want to delay these efforts going any further. We'll take up the
other item from a policy perspective at our next meeting.
CHAIRMAN SAUNDERS: All right. We have a motion. Is
there a second?
COMMISSIONER TAYLOR: Second.
CHAIRMAN SAUNDERS: A motion and second. Any
discussion?
(No response.)
CHAIRMAN SAUNDERS: Seeing none, all in favor, signify
by saying aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: 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 #14A4
December 8, 2020
Page 217
RESOLUTION 2020-237: AMENDMENT NO. 2 TO THE PUBLIC
TRANSPORTATION GRANT AGREEMENT (PTGA) G0Z12
WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION
FOR ADDITIONAL FUNDING FOR THE REHABILITATION OF
RUNWAY 18/36 AT THE IMMOKALEE REGIONAL AIRPORT –
ADOPTED
MR. OCHS: Item 14A4 is a recommendation to authorize the
Chairman to execute a resolution authorizing an execution of
Amendment No. 2 to the Public Transportation Grant Agreement
with the Florida Department of Transportation for additional funding
for the rehabilitation of Runway 18-36 at the Immokalee Regional
Airport.
COMMISSIONER McDANIEL: So moved.
COMMISSIONER TAYLOR: Second.
CHAIRMAN SAUNDERS: We have a motion and second.
Any discussion?
(No response.)
CHAIRMAN SAUNDERS: All in favor, signify by saying aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN SAUNDERS: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN SAUNDERS: All opposed?
(No response.)
CHAIRMAN SAUNDERS: That passed unanimously.
Item #14A5
RESOLUTION 2020-238: AMENDMENT NO. 1 TO THE PUBLIC
December 8, 2020
Page 218
TRANSPORTATION GRANT AGREEMENT (PTGA) G1B89
WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION
FOR ADDITIONAL FUNDING FOR THE EXTENSION OF
TAXIWAY C AT THE IMMOKALEE REGIONAL AIRPORT
AND AUTHORIZE ANY NECESSARY BUDGET
AMENDMENTS – ADOPTED
MR. OCHS: And Item 14A5 is a recommendation to authorize
the Chairman to execute a resolution executing Amendment 1 to the
Public Transportation Grant Agreement with the Florida Department
of Transportation for additional funding of extension of Taxiway C at
the Immokalee Road Regional Airport.
COMMISSIONER McDANIEL: So moved.
COMMISSIONER TAYLOR: Second.
CHAIRMAN SAUNDERS: We have a motion and second. All
in favor, signify by saying aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: 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. We'll be coming back for all of the personnel
issues. Let's come back at about five minutes after 5:00 so you can
collect your thoughts. We'll be in recess until 5:05.
(A brief recess was had from 4:51 p.m. to 5:05 p.m.)
CHAIRMAN SAUNDERS: Ladies and gentlemen, if you'll
please take your seats, we'll reconvene the meeting of the County
Commission.
December 8, 2020
Page 219
CHAIRMAN SAUNDERS: I believe we're on Item 11E.
Item #11E
CONFIRMING THE APPOINTMENT OF MR. DANIEL
RODRIGUEZ TO THE POSITION OF DEPUTY COUNTY
MANAGER - MOTION TO ACCEPT THE COUNTY
MANAGER’S SUGGESTION IN REGARDS TO
MR. RODRIGUEZ – APPROVED
MR. OCHS: Yes, sir. This is a recommendation to confirm the
appointment of Mr. Daniel Rodriguez to the position of Deputy
County Manager.
Commissioners, Mr. Rodriguez, by virtue of his government
experience, his leadership skills, his education, his demonstrative
management abilities, as well as his vast knowledge of county
government operations and his history of effective working
relationships with the constitutional officers and the business
community, I believe, makes him a candidate that's very well suited
to this position, and I would highly recommend him to the position,
and I seek your confirmation.
I know that in conversations with you individually, some of you
have questioned whether this appointment should be made on an
interim as opposed to a permanent assignment, citing either a concern
that Mr. Rodriguez' future employment may be in jeopardy in the
event that a new county manager might decide to replace him at some
point. And while that certainly is a possibility, I would acknowledge
that, I would have to say that that applies not only to this position but,
frankly, to 50 other senior leadership positions in the organization, all
of which serve at the will of the County Manager.
All of these professionals willingly accept that risk that they
December 8, 2020
Page 220
may be terminated at any time and acknowledge that that's a
possibility and a condition of employment and, yet, they all choose to
accept that challenge and they bet on themselves, and I certainly
appreciate the senior staff for that kind of attitude.
However, you know, if that is a concern of the Commissioners,
I'm certainly willing -- you know, if it's a concern that they might be
displaced by a new manager and have no position to return to in the
agency or that these permanent appointments would somehow limit a
future county manager from making any changes, I'd be happy to
leave the current positions that they vacate, both of those positions,
Mr. French who's coming up next and Mr. Rodriguez', hold deputy
department head positions in the agency, I'd be willing to keep those
open for the time being and, in fact, until I leave so that if there's a
concern about flexibility for the new manager or having a place for
these folks to land, that would create that opportunity.
I also frankly think, from a budget standpoint, given the local
economy and the uncertainty of COVID over the next six months,
that that wouldn't be a bad idea to hold off filling those positions for
budgetary reasons, at least on a short-term basis.
But, again, I highly recommend Mr. Rodriguez as the permanent
placement in your deputy -- excuse me -- deputy county manager
position vacancy, and I ask for your confirmation.
CHAIRMAN SAUNDERS: All right. Apparently, the battery
on my machine here has worn out, so if you'll raise your hand when
you want to speak.
I don't have any problem with -- based on what you have said,
Mr. Ochs, in terms of keeping the position open, that Mr. Rodriguez
currently occupies. I have no problem in relying on your
recommendation. You're going to be here for another four or five
months.
MR. OCHS: Sure.
December 8, 2020
Page 221
CHAIRMAN SAUNDERS: Actually, almost six months. So I
don't have any problem with that.
Any comments from the Commission? Commissioner
McDaniel.
COMMISSIONER McDANIEL: You go first.
CHAIRMAN SAUNDERS: Commissioner Taylor.
COMMISSIONER TAYLOR: Just -- does my Commission feel
that, perhaps, when it's not -- when it's made an appointment rather
than interim, that it might have a chilling effect on a candidate that
would be interested in the County Manager's position?
CHAIRMAN SAUNDERS: My kind of gut feeling is that it
would not, and the reason is, is that it shows that we have a depth in
our staff, we have stability, and a new manager coming in is going to
be able to rely on good people that are filling those top positions. So
I don't think it would have a chilling effect at all. Plus a new
manager coming in -- I guarantee we don't want a new manager
coming in and firing a bunch of people. So I don't think so. That's
just my personal...
Commissioner LoCastro -- Commissioner McDaniel.
COMMISSIONER McDANIEL: I think it provides the
flexibility for a new manager and shows the stability at the same
time. It doesn't -- it doesn't handcuff us by holding those -- the
previous positions open. It allows --
COMMISSIONER TAYLOR: That's a plus.
COMMISSIONER McDANIEL: It allows for the new county
manager to be flexible if a requisite was there.
CHAIRMAN SAUNDERS: Commissioner LoCastro.
COMMISSIONER LoCASTRO: I like holding the positions
open. And this is nothing against Mr. Rodriguez or Mr. French, but I
think -- I wouldn't classify these two high-level positions the same as
the 50 others positions. I think we have an HR office that -- I think it
December 8, 2020
Page 222
protects Mr. Rodriguez and Mr. French to advertise the positions to
see if there's anybody out there who wants to step forward and if, in
the end, we go, there's nobody as qualified as Mr. Rodriguez or as
Mr. French, I think it protect them from people saying, oh, they just
grabbed the next person from inside the way the county always does
and just moves someone forward. And it's no disrespect. I know
these are two highly qualified individuals.
But I think that's why we have an HR office, and so I would
challenge Mr. Rodriguez and Mr. French, that even though they
might have the title of interim and even though the positions might be
being advertised to see if in the county or in Lee County there's some
superstars that might want to come forward and compete, that they
don't act in the position as interim. Jump in there. And it's -- you're
in the longest job interview of any of the other applicants, so you
have the best possible chance. But I think that's how they do it in the
real world and in companies, and it's a competition, and we don't
know what kind of talent is out there.
And I trust Mr. Ochs that, you know, we've got -- these are the
most qualified people we have currently on the staff, but there's a lot
of folks that got jobs on this staff that didn't work up through the
ranks. They came out from the outside, and they're superstars for us.
So I just think, you know, we play the field a bit, and we open it a bit
more to protect ourselves.
CHAIRMAN SAUNDERS: Commissioner Solis.
COMMISSIONER SOLIS: Just in response to Commissioner
Taylor's concern, yeah, I don't have a sense that it would be -- it
would have a chilling effect on somebody that would want to apply to
be the county manager. I think it might be the opposite. I mean, I
would think that if a county -- if we were looking to fill the county
manager's position and there really wasn't a deputy there for them to
rely with a lot of constitutional knowledge, that would probably be
December 8, 2020
Page 223
more problematic, I think, than anything else, just from my own
perspective, to jump in not having a deputy there that would have all
that knowledge.
So I think this is -- I mean, this is a decision that's -- that's up to
the County Manager, as I understand it, and we confirm it based
upon, I think, the ordinance -- or the statute. You know, I think from
my perspective, you know, Manager Ochs has dedicated, what,
30-some-odd years to Collier County. I'm going to respect his
recommendation on that, and so I would support that.
CHAIRMAN SAUNDERS: All right. And just for the benefit
of Commissioner LoCastro, generally in these lower positions, the
manager comes to us with a recommendation. We don't generally
advertise. That's really a management decision. They come back to
us and ask for affirmation of that.
So I think it would not be unusual to affirm these two
individuals. Right now we're just talking about Dan Rodriguez,
especially in light of what the manager has said. So I think it's time
to entertain a motion.
COMMISSIONER McDANIEL: I'd like to move to accept the
County Manager's position -- or suggestion with regard to
Mr. Rodriguez.
CHAIRMAN SAUNDERS: All right. Do we have a second?
COMMISSIONER TAYLOR: Second.
CHAIRMAN SAUNDERS: All right. We have a motion and
second. And the understanding is that this will be a permanent
position. Mr. Rodriguez understands that a new manager may change
that position.
MR. OCHS: Yes, sir.
CHAIRMAN SAUNDERS: And we'll keep his current position
open just in case that does happen.
MR. OCHS: That's correct.
December 8, 2020
Page 224
CHAIRMAN SAUNDERS: All right. I have a motion and
second. All in favor, signify by saying aye.
COMMISSIONER SOLIS: Aye.
CHAIRMAN SAUNDERS: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN SAUNDERS: All opposed? That passes
unanimously.
COMMISSIONER LoCASTRO: No.
CHAIRMAN SAUNDERS: Oh, I'm sorry. That passes 4-1.
COMMISSIONER TAYLOR: And may I ask -- you said no.
COMMISSIONER LoCASTRO: I just think that what
Commissioner Saunders just said about "this is the way we do it," I
would call that a mistake. I think this is a competition and working
in the county. So it's nothing against Mr. Rodriguez. I think he's
perfectly -- and I'd love to see him get the position, but I just think,
you know, we owe it to other people that are in the community and
people that have worked hard within the county to know that this is a
position that is open, not that we've just filled it on our own behalf.
And I don't think we lose anything by having our HR advertise it
for 30 days, and if we don't get any qualified people -- and if we do,
then Mr. Ochs, you know, uses his 30 years of expertise to vet the
folks. And, you know, that's how they found Paul Hiltz at NCH. I
mean, Phil Dutcher didn't get the job automatically as the COO. He
applied, and somebody, you know, more qualified that NCH wanted.
So I just use that as an example.
So it's nothing against you, sir. I obviously hold you in the
highest regard. But I just think we don't lose anything by advertising
the position and seeing, you know, what other candidates we get to
prove -- you know, and I think that it sets you up for success to say,
you know, you competed for the job. But just as Mr. Ochs had said,
December 8, 2020
Page 225
you're the most qualified.
So I don't say no to your position, but I say -- I vote no because I
think we're making a mistake by not advertising it and making a
mistake by not making you the interim until we see how the
competition settles the way they would do in other companies or in
other government agencies.
MR. RODRIGUEZ: Well, I appreciate that.
Thank you, Board of County Commissioners, for your support.
And I especially want to thank Leo for the 30 years of support and
mentoring and dedicated public service. So I accept that challenge,
and I appreciate it. Thank you for the opportunity.
MR. OCHS: Congratulations, Dan.
CHAIRMAN SAUNDERS: We'll move on to Item 11F.
Item #11F
CONFIRMING THE APPOINTMENT OF MR. JAMES FRENCH
TO THE POSITION OF PUBLIC SERVICES DEPARTMENT
HEAD - MOTION TO APPROVE – APPROVED
MR. OCHS: Yes, sir. This is a recommendation to confirm the
appointment of Mr. James French to the position of Public Services
Department Head.
Commissioners, again, what I just said about Mr. Rodriguez can
apply equally to Mr. French in terms of his background, education,
managerial skills, proven track record of exemplary performance in
the agency working also with constitutionals and the business
community. I think he's ideally suited to succeed Mr. Carnell in this
position. And, again, I would ask, respectfully, for your confirmation
of his appointment to the position of Public Services Department
Head.
December 8, 2020
Page 226
CHAIRMAN SAUNDERS: All right. Any discussion?
(No response.)
CHAIRMAN SAUNDERS: Is there a motion?
COMMISSIONER LoCASTRO: I'd feel the same way, so --
COMMISSIONER McDANIEL: I'll make a motion for
approval.
COMMISSIONER TAYLOR: Second.
CHAIRMAN SAUNDERS: We have a motion and a second.
And, again, this is keeping his current position open, and he
understands that a new manager may very well make a change.
MR. OCHS: Absolutely.
CHAIRMAN SAUNDERS: We have a motion and second.
Any discussion on the motion?
(No response.)
CHAIRMAN SAUNDERS: All in favor, signify by saying aye.
COMMISSIONER SOLIS: Aye.
CHAIRMAN SAUNDERS: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN SAUNDERS: All opposed?
COMMISSIONER LoCASTRO: No.
CHAIRMAN SAUNDERS: It passes 4-1.
MR. FRENCH: Commissioners.
CHAIRMAN SAUNDERS: Congratulations, Jamie.
MR. FRENCH: Thank you very much for your support over the
years and your continued level of confidence and trust in me and the
team that I get, you know, the pleasure to work with every day. I
certainly thank Mr. Casalanguida and Leo Ochs and Thaddeus Cohen
for their leadership as well over the years. Thank you very much.
MR. OCHS: Congratulations, Jamie.
December 8, 2020
Page 227
Item #11G
PROVIDE STAFF DIRECTION ON THE PREFERRED
RECRUITMENT STRATEGY TO FILL THE POSITION OF
COUNTY MANAGER AND AUTHORIZE THE STEPS
NECESSARY TO BEGIN THE PROCESS – MOTION TO
ADVERTISE DECEMBER 15, 2020 MEETING AS REGULAR
MEETING WITH AN 11:00 TIME CERTAIN FOR THIS ITEM;
STAFF TO COME BACK WITH RECOMMENDATIONS ON
SEARCH FIRMS AND TO ADVERTISE AND MOVE FORWARD
WITH COLLECTING RESUMES – APPROVED
CHAIRMAN SAUNDERS: We'll move on to 11G, and we
combined with 11G 10B, which is an item that Commissioner Taylor
had put on the agenda.
MR. OCHS: Mr. Chairman, I have Ms. Amy Leiberg, our
Human Resources Director, here to speak to 11G if you want to go
through that item first in terms of some of the strategy decisions for
recruitment in the future.
CHAIRMAN SAUNDERS: What's the pleasure of the Board?
Do you want to -- I assume we'll discuss that strategy and make some
decisions. So let's go ahead and do that. Is that okay with you,
Commissioner Taylor?
COMMISSIONER TAYLOR: Sure, that's fine.
MS. LEIBERG: Good afternoon, Commissioners. Amy
Leiberg, Human Resources Director.
The item before you today is to get direction from the Board on
the preferred recruitment strategy to fill the position of the County
Manager since Mr. Ochs has announced his retirement effective
May 31st of 2021.
In the executive summary there are several options that are
December 8, 2020
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presented to the Board for consideration either individually or in a
combination based on your desire to go out and search for that next
candidate to fill the vacancy.
And I'll summarize briefly some of those options for you. The
option -- the first option would be for the Board to coordinate the
steps necessary to fill the vacancy. A second would be to use
in-house resources who would employ the process used to recruit and
select other county manager agency staff. The third option would be
to retain the services of an executive recruitment firm with significant
expertise in county manager level recruitments. With any of these
recruitment strategies, decisions need to be made about the Board's
involvement in the process. Will the entire Board participate, will the
Chair oversee the recruitment, or will the recruitment be assigned to a
committee of commission members who will discuss updates at BCC
meetings or potentially convene workshops during 2021 to keep the
process on target.
The options of the Board conducting the recruitment or the
in-house recruitment are likely to be a little bit more challenging for a
couple of reasons. Conducting the search under either option is
expected to take significant time for the individuals tasked to do that,
whether that be the Board or designated staff members or both. The
Board can delegate certain functions to agency staff in either the
Option 1 or Option 2 to assist with the key tasks in the process, and
those would be creating the county manager position profile, placing
advertisement for the opening, collecting the resumés of the
interested candidates, and scheduling candidate interviews.
With these options, you could expect that designated staff who
are going to help with this process would come before the Board at
multiple meetings during 2021 to discuss the progress and provide or
seek input and direction to move through the steps of the recruitment.
If the Board chooses to use a firm skilled in performing
December 8, 2020
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executive searches, you'd have an active role throughout the process,
but you'd be assured that the high level of expertise, focus, and
coordination that a firm can provide in these cases. But they could --
you could also delegate many of the functions required during the
recruitment process to the search firm.
With this methodology, after the selection of an executive search
firm, the firm would facilitate a discussion with all of you to develop
the position profile. Once the advertisement and vacancy
announcements are approved, the firm would take on a lot of the
administrative tasks that are associated with the recruitment, keeping
the Board apprised of the progress at designated project milestones.
Staff involvement in this model is generally minimal. It
includes providing details about our organization or coordinating
with the firm to schedule meeting attendance when the recruiter
would provide periodic updates to you on their progress.
Executive recruitment firms have access to candidates and
business contacts the county staff have not developed, because this
level of recruitment is not really standard in our organization. They
also could conduct a much more in-depth review of the background
of candidate -- finalist candidates, including detailed employment
history, reference checks, financial checks, social media, and
publication searches. These are not part of the standard -- county's
standard screening process.
With the objective of having a candidate ready to take over upon
Mr. Ochs' departure at the end of May of 2021, we have a lot to
accomplish in a short period of time. Regardless of the option you
decide today, the timeline is substantially the same.
The key milestones would be as follows: Today we would
request that the Board provide direction on the recruitment process
you wish to follow. The remainder of December would be the
information-gathering phase. We would either use this time to create
December 8, 2020
Page 230
the position profile working with -- getting input from each board
member or request quotes from interested search firms.
At the January 12th, 2021, Board meeting, the Board would
approve either the position profile that you helped to create or would
make a selection for an executive search firm who would provide --
perform the recruitment. Then from mid-January to mid-March, the
position would be advertised to interested candidates. Mid-March to
early April 2021 the Board would approve candidate finalists and set
interview dates and times. The middle to the end of April of 2021
would be the interview phase with the Board making a selection and
salary and benefit negotiations, and then -- with the expectation that
at the May 11th meeting of 2021, that the Board approve a contract
and appointment of a county manager with the hopes to get that
person here and ready to start on June the 1st.
Financial impacts, there are some of those that are listed in the
executive summary, but I'll briefly touch on those. The cost of an
in-house recruitment would include staff time plus the cost of
advertising the vacancy with professional organizations or
publications, executive recruitment firm fees, which would include
all steps of the recruitment, and selection process as well as
advertisement costs for consultant travel for on-site meetings are
anticipated in a range of 20- to $30,000.
Now, as part of the executive summary, you've got a list of some
firms that are there. That's not all inclusive. We have -- those are
some of the ones that the county has worked with over time. If we
went out for quotes for this, we would certainly search firms that are
responsible and have provided similar services to agencies of our size
and communities of our size in selecting their chief administrative
officer.
We'd also be looking potentially to reverse -- I'm sorry --
reimburse candidate travel for coming here. At the end of the search,
December 8, 2020
Page 231
we expect that there will be between three and six candidates based
on your direction that would be brought back for initial interview and
potentially again for finalist interviews. It is not -- you know, we
have a practice within our organization of paying for interview
expenses when recruiting highly-skilled professional positions. That
could include reasonable transportation costs, lodging, and per diem
for meals once they're here for not necessarily a first interview but
potentially finalist interviews if you so choose.
For some perspective, in the past year as we've brought in
candidates to interview for county positions, the costs have ranged
from 750 to $1,500 per candidate.
The one thing to keep in mind is that during the period that
we've indicated that interviews would be conducted, that is typically
the high season here in Collier County, and if tourism remains strong,
it could -- the costs could be a little bit more than that. So with, you
know, potentially three to six candidate finalists, travel costs to the
organization could be between 4,500 and $9,000.
I hope this information is helpful in your deliberations and
decision-making, and I'd be happy to answer any questions you might
have.
CHAIRMAN SAUNDERS: All right. Commissioner LoCastro.
COMMISSIONER LoCASTRO: Ma'am, did I -- Amy, did I
understand -- heard you right, you thought that to do a correct search
and all the things associated with it would be above and beyond what
your office, you know, could handle? Is that your recommendation?
MS. LEIBERG: That has been what we've used for other
executive -- you know, very high-level searches, and we feel that
would probably provide the better option than that being a
recruitment within the -- with the Human Resources Division.
CHAIRMAN SAUNDERS: Commissioner Solis.
COMMISSIONER SOLIS: Yeah. And I think this is one of the
December 8, 2020
Page 232
most important decisions we'll make as commissioners, I think. And
it's a high-level position. It requires a lot of very specialized
experience, and I think -- I would urge that we take the option of
hiring a professional search firm. They have access all over the
country. I mean -- and, also, I would urge others, you know,
currently in our county government to -- you know, to throw their hat
in the ring as well. It's not just, you know, excluding anybody
locally. But I think we need to get a firm that's going to have a
national reach and make sure -- because I agree with what
Mr. LoCastro was saying about competition. Competition's good but,
ultimately, we want to make sure that we select the most qualified
person for the job.
CHAIRMAN SAUNDERS: Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes, no, maybe. I'm -- I
would rather we just open the position up for 30 no longer than 60
days, review the applications that we've got. There are some people
that are right amongst us that I think are more than qualified for us to
give due consideration to without engagement. That engagement fee
for a recruitment firm is an up-front expense just to get them to look
at us.
My suggestion would be open the position up for 30 days, no
longer than 60. Review it at -- similar to the timeline that you've got
set forth here. Review the applications by our second meeting -- no
later than our second meeting in January. At that point we can -- and
we're not going to disway [sic] or not offer to pay a national
recruiting firm that wants to -- once the word is out that there's an
opening in paradise, we will pay a recruiting firm if they bring us
somebody and then make those decisions -- if we haven't got
sufficient applications by that time frame, then we can make the
expenditure engage -- still have time and go through that process.
So that -- if -- it kind of -- it's kind of -- as I said, I agree it's one
December 8, 2020
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of the most important decisions that we're going to make, but in my
other life, I have hired those recruiting firms before, and -- they have
a stable of people that they've already got that they can send to us
with the fee associated, and off we go. So I think we open that door
up and let the position be known that -- let the folks know that there's
a position available.
CHAIRMAN SAUNDERS: I agree with Commissioner Solis
and, I think, Commissioner LoCastro, if I'm not mistaken. I think
you were talking about hiring a firm as well?
COMMISSIONER LoCASTRO: No, not a firm. I -- actually,
exactly what Commissioner McDaniel just said is what I would have
liked to do for the other two positions as well. But, certainly, you
know, we've moved on, but for this one, I would agree with that.
And I definitely agree with his last statement that a lot of times these
firms have sort of a stable of people already that they move around.
And I think we've got a lot of smart people here, in 30 or 60 days
they'll, you know, be able to utilize the HR office but not overtask
you and use even our own expertise. That would be -- I'd be leaning
towards seconding that --
CHAIRMAN SAUNDERS: I lean --
COMMISSIONER LoCASTRO: -- discussion.
CHAIRMAN SAUNDERS: -- towards what Commissioner
Solis had indicated, that we hire ASAP a firm to help us find
qualified applicants throughout the state and nationally. I think
that's -- personally, I think that's the best way to go. So that would be
Option 3.
MR. OCHS: Yes, sir.
CHAIRMAN SAUNDERS: So I don't know that there's support
to do that, but we do need a motion at this point, then, to make a
decision.
Commissioner Solis.
December 8, 2020
Page 234
COMMISSIONER SOLIS: And I would just add one thing is
that my biggest concern is that we have a hard date, and I think with
hiring a firm, we have a hard schedule to meet because what I think
the worst-case scenario would be, would be to get to the end of May
and not have made a selection.
CHAIRMAN SAUNDERS: Yeah. Let me make another
comment in reference to that before we take a motion and vote, and
this is a question for the County Attorney to opine on. If we do a
solicitation, just simply say we're going to solicit applications,
anything we do is a public record. Anything that's submitted to us is
open to the press. I think that suppresses the potential list of
candidates.
I do believe that if we have a search firm, there is a period of
time where the information is gathered by the search firm that is not
public. I may be wrong on that, but that's my -- kind of my
understanding; that that does provide some ability for applicants in
other jobs to apply without having their name in the newspaper,
which could affect their current positions.
MR. KLATZKOW: I do know that if you're going to set up a
committee, that has to be a Sunshine committee, which is one of the
benefits of an outside firm. They could do whatever they want
outside the Sunshine. I do not know -- I do not have an answer
whether those resumés would be public records or if there's an
exemption, sir. That I do not know. I'd have to come back to you.
CHAIRMAN SAUNDERS: All right.
COMMISSIONER McDANIEL: Mr. Chairman?
CHAIRMAN SAUNDERS: Yes.
COMMISSIONER McDANIEL: Commissioner Taylor wishes
to speak, and so do I. You've been focusing on that direction, so...
CHAIRMAN SAUNDERS: Yep. Well, I'm listening to this
side of the Board. I'm not paying any attention --
December 8, 2020
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COMMISSIONER McDANIEL: Maybe it's on -- maybe it's on
purpose.
COMMISSIONER TAYLOR: See, I'm the swing vote here, so
pay attention to me.
COMMISSIONER McDANIEL: She is.
CHAIRMAN SAUNDERS: Commissioner Taylor.
COMMISSIONER TAYLOR: So can we not do both? Can we
not go out and -- because we have to do an RFP, right, for a search
firm, is that correct, or do we have a library of recruitment firms?
MR. OCHS: You have a number of firms that we could ask for
quotes and bring those back. There is an --
COMMISSIONER TAYLOR: Okay.
MR. OCHS: -- exemption in your purchasing ordinance for
these types of services, professional services where we could get
quotes and bring those back to you without having to go through a
formal RFP.
COMMISSIONER TAYLOR: Having been through this more
than once in my government life, I can assure you there is absolutely
no substitute for institutional memory. And I would very much like
to open it up here. You know, if someone feels that they're too shy to
come forward with it, then maybe they shouldn't be county manager,
you know. And I think we need to take a strong look at what's here
and -- but maybe at the same time in the same way get some quotes
from recruitment firms. Maybe we put the deadline as the first or
second meeting in January and make a decision.
COMMISSIONER McDANIEL: Yes.
MR. KLATZKOW: I just looked at the Attorney General's
Government in the Sunshine Manual, and if we use a recruitment
firm, all those documents would be public records.
COMMISSIONER McDANIEL: Either way.
CHAIRMAN SAUNDERS: All right.
December 8, 2020
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COMMISSIONER McDANIEL: And I had a comment to
Commissioner Solis, and this is just my perception. We do have a
date certain which our current County Manager is going to leave us,
but we have an unbelievable firm structure of an organization. I
think it's really important for us to shoot to have that replacement in
and well on the way, but it's not a date certain or a time certain that
we have to do it. The organization has an enormous amount of
structure that the folks who we currently have put in place. And I
don't want to say that we can get along without you, but we can get
along -- we can get along --
COMMISSIONER TAYLOR: Without you.
COMMISSIONER McDANIEL: -- we can get along without
you. The world's not going to stop revolving. And it's -- and it's
simply -- that's my -- that's my opinion with regard to that. There's
an urgency to get this done, but I think the time within which it's been
set forth is sufficient to handle it.
CHAIRMAN SAUNDERS: Let me ask Mr. Ochs a question,
and then I'll make a comment, and then we'll see if -- any additional
comments. We'll take a motion.
Mr. Ochs, you've been in this business for a long time. What is
your recommendation in terms of the best practice, the best policy for
us to select someone to fill your shoes? We've heard staff -- staff has
recommended Option No. 3, I believe, or at least you've gone
through, and it sounded like you were leaning towards Option No. 3.
But I'd like to hear from you, Mr. Ochs.
MR. OCHS: Commissioners, I support Option 3 as well, and
the reason for that is it goes back to what Commissioner LoCastro
was saying. For a CEO level position, if you really want to cast the
widest net to get the greatest number of potentially qualified and
best-of-the-best candidates, these recruitment firms have a broad
national reach.
December 8, 2020
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They do have a stable of candidates, certainly, but those aren't
the only ones. I've been involved in these where, you know, you're
paying them to go out and actively recruit and work their networks as
well as, you know, traditional ad placement.
And they also keep the process going, because time is money for
them as well, you know. And I'm thinking about the time of the year
if we've got our staff engaged in this, and you've got one meeting in
December, you've got the holidays. You know, we're not going to be
back together in this forum until the 12th of January. And if we're
just then getting you to approve a position profile for the staff, then,
to take back and start doing the advertisements, you know, if we
really want to keep this on track for May, and it doesn't have to be,
but I think given the schedule, an executive recruiter is probably my
recommendation to you.
CHAIRMAN SAUNDERS: All right. Again, I'm leaning
towards that. I don't have any problem with the county soliciting
resumés, as Commissioner Taylor has said, in addition to that, but I
think we need an executive search firm.
I would suggest -- and, again, this is just kind of thinking out
loud. We do have a short time frame. We can make a -- I'd like to be
able to pick a -- if we vote to do a search firm, I'd like to be able to
pick a search firm prior to January 12th. That would require us to
schedule a meeting.
MR. OCHS: Well, Mr. Chairman, you have a workshop coming
up next Tuesday.
COMMISSIONER TAYLOR: On the --
MR. OCHS: And I'm looking to the County Attorney for some
help. But if we advertise that as part of your workshop agenda --
typically, you don't make decisions there, but --
CHAIRMAN SAUNDERS: Well, we can advertise a meeting
anytime we want to. So if we have a meeting already --
December 8, 2020
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MR. KLATZKOW: You don't have to do it by a meeting. You
could delegate one of you --
CHAIRMAN SAUNDERS: Well, we have a meeting next --
MR. OCHS: You have a workshop on the 15th, yes.
CHAIRMAN SAUNDERS: Why don't we advertise that as a
meeting? Come back to us with a recommendation on a search firm.
Do the solicitation in terms of what their pricing would be and come
back with some recommendations. We can make a decision next
Tuesday on that selection.
MS. LEIBERG: Sir, if I may, the one thing with going out for
requests for quotes, we usually have that open for a period of two
weeks. I'm not sure we'll have all of those -- that back from the
search firm who'd be interested --
CHAIRMAN SAUNDERS: Well, start tomorrow morning at
8:00.
MS. LEIBERG: Very good.
CHAIRMAN SAUNDERS: And there aren't that many firms.
There's five or six phone calls, so I know you can do it in a couple of
days.
COMMISSIONER McDANIEL: In all due respect, there are
two of you that want to hire a firm and three of us that want to open
up the position --
CHAIRMAN SAUNDERS: Right. We're going to take a
motion.
COMMISSIONER McDANIEL: -- and still hire a firm if the
necessary -- if it's necessary for us to do it. And so leading us down a
path of advertising that meeting next week -- I mean, we're going to
open -- we have to go -- we have to come back with an RFP, put out
an RFP, and get proposals back from firms by January.
CHAIRMAN SAUNDERS: We do not. We do not need to do
that.
December 8, 2020
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MR. OCHS: You can get quotes, Commissioner McDaniel, for
these professional services, and get -- you can get a waiver per your
purchasing policy to not have to do a formal RFP but do solicitation
of quotes from these firms.
CHAIRMAN SAUNDERS: I'm going to make a motion. It
may fail on a 3-2 vote against it, but I'm going to make a motion, just
to get the issue on the floor, that we advertise our meeting for next
Tuesday to be a regular meeting. I don't know what time our
workshop starts.
MR. OCHS: Nine a.m.
CHAIRMAN SAUNDERS: We can -- we only need probably
30 minutes to discuss this, so we could start at 8:30 on a regular
meeting.
COMMISSIONER TAYLOR: I won't be here.
CHAIRMAN SAUNDERS: Okay. Will you be here at 9:00?
COMMISSIONER TAYLOR: No, unfortunately. I should be
here about quarter after 9:00 or 9:30.
CHAIRMAN SAUNDERS: Okay. All right. Well, then we
can set a time-certain for a commission meeting, which could be
10:00. You know, pick a time so that we're all here, advertise it for
that, present a recommendation on a search firm, and at the same
time, if you want to solicit resumés from people that just want to
apply, I don't think there's any problem in doing that in addition to
that. My personal view is that we should just simply use a search
firm, but I don't have any issue with people submitting resumés.
So I'll make a motion, then -- unless anybody objects. I'll make
a motion that on December 15th we'll have a regular meeting at a
time certain, staff will come back with a recommendation for a search
firm. We can at that point in time hire that firm or not, and at that
time we can decide to advertise for resumés as well.
COMMISSIONER SOLIS: Second.
December 8, 2020
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COMMISSIONER McDANIEL: I would second that if you
would add in we would go ahead and advertise for resumés now.
That doesn't delay the process at all. We can go ahead and start
receiving resumés as we speak, and then come next week we can
decide whether we want to engage a --
CHAIRMAN SAUNDERS: Is that -- is that going to complicate
things with the search firm? We're advertising for -- I guess we're
just paying them a fee, so whether we advertise for resumés and
select somebody on our own, we're still paying the fee to the search
firm, so I suspect that that will --
COMMISSIONER McDANIEL: That was the rationale for not
engaging somebody for the first 30 to 60 days was, see first. So we
can kind of sort of do both and then engage in January. That was
my -- that was what I had proposed, sir. But if you would modify
your motion to allow for the position to be open now, we can then
decide whether -- next week at an advertised hearing whether we
want to engage someone or not and at least have that week or so to --
CHAIRMAN SAUNDERS: Mr. Ochs, how do we advertise
that a position is open?
MR. OCHS: Well, it depends if you want it national or regional
or locally. I mean, locally, we can use, obviously, the newspaper, or
if you want to go nationally, we'd have to use some publications like
the International City Management Association and some other
national publications. I'm looking to Ms. Leiberg for some help on
how long it takes to actually place those and get them out. I mean, it
would probably take a few days, Amy, to --
MS. LEIBERG: I would think by the end of this week. We can
certainly publish on the site that we currently use to select candidates,
seeking resumés for interested candidates.
CHAIRMAN SAUNDERS: Do you have a Twitter account?
MR. OCHS: No, sir, but we have a website.
December 8, 2020
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CHAIRMAN SAUNDERS: All right. All right. Then I'll make
the motion -- let me see if I can kind of clarify this -- that on
December 15th staff will come back with a recommendation on a
search firm. We'll have a regular advertised meeting. And in
addition to that, staff will begin the process immediately to let the
public know in some fashion that we have an opening for a county
manager candidate.
MR. OCHS: Okay. You just -- you need to --
CHAIRMAN SAUNDERS: Does that cover it?
COMMISSIONER McDANIEL: It does. Second.
MR. OCHS: In terms of the position profile in what we
advertise, we'll just use the stock kind of job description for now, if
that's okay, in the interest of time.
COMMISSIONER McDANIEL: I mean, we have that on
your --
MR. OCHS: Yes.
COMMISSIONER McDANIEL: -- on your annual review.
MR. OCHS: Right.
COMMISSIONER McDANIEL: I mean, this is --
CHAIRMAN SAUNDERS: All right. Do we have any
registered speakers on this topic?
MR. MILLER: We do not, sir.
CHAIRMAN SAUNDERS: Okay. Thank goodness.
COMMISSIONER TAYLOR: Does our County Attorney --
MR. KLATZKOW: My understanding is that HR will be
collecting resumés, they will not be reviewing resumés, and you're
going to have to figure out some methodology as to go through the
resumés at your next meeting.
CHAIRMAN SAUNDERS: And you're going to set time for
the meeting, or the Manager will set a time for the actual meeting.
COMMISSIONER McDANIEL: Make sure that Commissioner
December 8, 2020
Page 242
Taylor is here for the scheduled time when we hear the item. I don't
want to --
CHAIRMAN SAUNDERS: The workshop is on the mental
health issues?
MR. OCHS: Yes.
CHAIRMAN SAUNDERS: How long do you think that will
take?
COMMISSIONER SOLIS: It shouldn't be more than
hour-and-a-half, two hours.
CHAIRMAN SAUNDERS: Do you want to go ahead and set a
meeting for 11:00?
COMMISSIONER McDANIEL: Perfect. And then if we're not
done with the workshop, we can just continue, hold the meeting, and
do what we need to do.
CHAIRMAN SAUNDERS: Right.
COMMISSIONER SOLIS: Can I make one comment?
CHAIRMAN SAUNDERS: Yes, sir.
COMMISSIONER SOLIS: I have this gut feeling that this is
sort of -- going back to my construction days. This is sort of like,
you know, hiring a contractor but then the owner wanting to do some
of the work themselves. It always becomes problematic somehow. I
mean, I think if we're going to hire a firm, let's hire a firm. If we're
not going to hire a firm, let's not hire a firm and do it ourselves.
CHAIRMAN SAUNDERS: What I was trying to do is make a
motion that will get three votes.
COMMISSIONER SOLIS: Right. No, I understand. I just
wanted to express --
CHAIRMAN SAUNDERS: And at the same time --
COMMISSIONER SOLIS: -- that I think it's a concern.
CHAIRMAN SAUNDERS: -- start looking at a search firm. So
that's the reason that I added that to that motion.
December 8, 2020
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COMMISSIONER LoCASTRO: I mean, am I missing
something here or -- you know, putting something out on Indeed,
Monster, LinkedIn? I mean, they hire CEOs off of those. I'm not
saying that's exclusively all we do but that, literally, takes 15 minutes
to cut and paste the job description and, you know, put it out there,
and you see what you get. I mean, that's what -- you know, major
companies do that all the time. So I think -- I like the hybrid idea. I
don't think we're sort of hiring a contractor and doing the work
ourselves. I think in the interest of time, we're trying to maximum
the advertisement of this to get the best candidate.
MR. KLATZKOW: You've got two issues. You've got internal
candidates, and they'll be happy to put resumés in. Then you have
external candidates. And I can tell you from personal experience, all
right, it's very difficult for somebody who has a job to start throwing
resumés out because you may -- that may become public, all right.
That's -- so, that -- yes, we can do Indeed and Monster and everything
else. From my personal experience, I don't think you're going to get a
lot of response that way from the outside people, not the good ones,
because it's a very public process.
COMMISSIONER TAYLOR: Yeah, we're public.
CHAIRMAN SAUNDERS: All right. We have a motion, and I
believe we have a second.
MR. OCHS: Mr. Chairman, if I could just get some clarification
on the motion. When we come meet on the 15th, all we're bringing
back is quotations from executive recruitment firms. We're not
bringing back whatever resumés we've received to date?
CHAIRMAN SAUNDERS: No. You're going to bring back a
recommendation on a recruitment firm. Resumés we can individually
look at anytime we want to.
COMMISSIONER TAYLOR: No, no, no, no. I don't see -- if
we're going to open this up and if we're going to make the move,
December 8, 2020
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we've got to think about it. We can't just say, well, we're going to get
the firm, and then that will chill anybody interior -- you know, here
coming forward doesn't make sense. It doesn't make sense. Either
we -- I don't understand why we can't wait 30 days until the first
meeting in January, open it up, and then make that decision in
January whether or not -- whether or not, you know, we've -- it's now
or never for our local candidates. If no one comes forward, then we
go and hire the recruitment firm in the beginning of January. I don't
think we're going to lose very much over -- over the holidays.
CHAIRMAN SAUNDERS: All right. We do have a motion
and a second, so we'll entertain that motion. If it fails, then we'll try
something else.
COMMISSIONER LoCASTRO: Can you summarize what
we're -- because I liked what Commissioner Taylor said. I don't
know if she made a motion on that.
CHAIRMAN SAUNDERS: No. We have a motion. We have
to take care of that before we get to a motion. The motion and the
second was to come back on December 15th at 11:00 for a board
meeting at which time staff will make a recommendation on a search
firm for us to retain. At the same time during this week in between
now and then, staff will make an effort to get out to the world that we
have an opening for our County Manager position. That was the
motion and the, I believe, the second.
COMMISSIONER McDANIEL: I seconded it, because it kind
of gets us to that point. We can decide next week whether or not we
want to engage a firm or not based upon the applications that we got.
If we choose not to, we can still engage in January.
CHAIRMAN SAUNDERS: And, you know, I wanted to get the
ball rolling on this thing, because I know -- it's easy to say, well, we
can do this in January. We'll be in May pretty darn fast, and we need
to have some candidates ready to interview long before that, so --
December 8, 2020
Page 245
because it would be nice to have some overlap where Mr. Ochs is
here and can help with a new manager in terms of getting that new
manager up to speed.
We have a motion and second. If there's no -- Commissioner
Solis.
COMMISSIONER SOLIS: One last question for -- just so that I
understand the motion and what it means. So if we make the
announcement we're opening up an advertisement for the County
Manager's position, that means internally and locally people are
invited to submit their application and resumés, but then what?
COMMISSIONER TAYLOR: What do you mean?
COMMISSIONER SOLIS: Then what happens with those?
MR. OCHS: That's why I asked the question about what the
expectation is on the 15th.
COMMISSIONER SOLIS: Right. I mean, so then what? So
we have a bunch of resumés, and then we're going to do what?
CHAIRMAN SAUNDERS: We're going to have you take a
look at them --
COMMISSIONER TAYLOR: That's right.
CHAIRMAN SAUNDERS: -- interview all the candidates.
COMMISSIONER McDANIEL: How about the new guy?
Let's have him do it.
CHAIRMAN SAUNDERS: All right. We will -- you know,
those are issues that we're going to have to resolve.
COMMISSIONER SOLIS: Okay. All right.
CHAIRMAN SAUNDERS: All right. We have a motion and a
second. With a great deal of trepidation, I'm going to call for the
vote. All in favor, signify by saying aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN SAUNDERS: Aye.
December 8, 2020
Page 246
COMMISSIONER TAYLOR: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN SAUNDERS: All opposed?
(No response.)
CHAIRMAN SAUNDERS: That passes unanimously. All
right.
MR. OCHS: Go to work, Amy.
MS. LEIBERG: Yes, sir.
Item #10B
DISCUSSION REGARDING BOARD RESPONSE TO THE
RECENT DEVELOPMENTS IN THE COUNTY MANAGER
AGENCY - MOTION ASKING COUNTY MANAGER TO
RECONSIDER HIS DECISION REGARDING THE RECENT
APPOINTMENT OF THE CURRENT PLANNING & ZONING
DIRECTOR AND BRING BACK HIS DECISION AT BCC
MEETING IN JANUARY – MOTION FAILS FOR LACK OF
SECOND
CHAIRMAN SAUNDERS: Okay. We're now on to the last
item, which is an item that Commissioner Taylor had added to the
agenda and, Commissioner Taylor, I appreciate you letting us
combine all these together.
COMMISSIONER TAYLOR: Troy, you've got --
MR. MILLER: Yes, ma'am.
COMMISSIONER TAYLOR: That's it. All right.
COMMISSIONER McDANIEL: What item are we on, please?
COMMISSIONER TAYLOR: We are on 10B, right?
CHAIRMAN SAUNDERS: We're on 10B.
COMMISSIONER McDANIEL: 10B, okay.
December 8, 2020
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COMMISSIONER TAYLOR: And I'm going to read this. I
want to be very precise, very exact on this. It's very sensitive and for
me a very awkward subject, but I could not leave it. I could just not
leave it. It just needs to be brought into the public realm, and I need
to get guidance from my commission on this.
The situation is that a relative of a Collier County employer --
employee, excuse me -- the employee's son receives a substantial
college scholarship from the family office of a Collier County
landowner whose property sits in the RLSA.
The representatives of this landowner were before the
Commission earlier this year seeking development approval for some
of these lands. The employee contacted the County Attorney's Office
in June with concerns about a possible conflict of interest that she
might have. The employee was being considered for a promotion to
the Interim Director of Planning and Zoning in Collier County at that
time. This is to her credit, and I applaud her for coming forward.
I also think it is wonderful not only that her son receives a merit
scholarship to attend college and received important education for his
future and the future of society, but that he had the support and
simply hard work of a mother who instilled these values in him. It is
also wonderful that we have such a generous family willing to
support the education of our youth.
The County Attorney's Office contacted the Florida Commission
on Ethics, and the Commission responded that the employee did not
have a legal conflict; however, as far as the Collier County Ethics
Ordinance is concerned, the County Attorney cautioned that
separating her money from her adult son's education from the
landowner was a fine line and that she should consult with the
County Manager together with her department head.
The employee did just that, and the County Manager promoted
her to interim division director in June and again promoted her to
December 8, 2020
Page 248
director in November.
And let us go to the next slide, Troy.
I provided you in your packet with the advertised job description
of the position of the Division Director of Planning and Zoning, and
these are the essential functions of the director. And I'm certainly not
going to read it verbatim, but they apply, interpret, and amend the
Collier County Land Development Code. They apply and interpret
the GMP. They assign projects, land development petitions,
correspond to staff. They maintain the currency management system
in order to ensure the public infrastructure is -- can support growth
and land development.
They review and analyze amendments and rezone petitions,
supervises, directs, and evaluates staff processing employee concerns
and problems. Oversees and administers the Collier County Rural
Lands Stewardship Credit Program, reviews all development plans,
reviews all requests for rezoning, reviews proposed land-use code for
special districts, and assigns, manages, and oversees the Land
Development Code amendment processes. There is a lot more to
this, but these are the edits that I brought forward.
In my opinion, there is simply no way to avoid being involved in
any landowner's developments as the Director of Planning and
Zoning. The hand of the division director touches every development
that comes through the Planning Department.
Ethics is what our Former County Manager Jim Mudd worked
so hard to reestablish over 15 years in the wake of Stadium Naples
scandal that removed three County Commissioners and the County
Manager from office, some with jail time, and County Manager Ochs
has continued Jim Mudd's ethics legacy.
The County Manager agency has a code of ethics, CMA5311. If
we could go to that, please. This is the ethics, and we'll go to -- the
ethics ordinance -- if we can go to the next slide, I believe. This is
December 8, 2020
Page 249
the ethics ordinance. Again, I lifted part of it. And I think it's very
important, No. F, and I'm going to read it. No employee shall accept
or agree to accept, either directly or indirectly, any favor, gift, loan,
fee, service or any other item of value in any form whatsoever from
any organization or individual if the employee knows or reasonably
should know that it is intended to reward or influence the employee
in the performance or nonperformance of his or her appointed duties.
And then we will go to, please, the Collier County Ethics
Ordinance. The ethics ordinance referenced by the County Attorney
in his memo to the employee was developed by two judges, retired
Judge Mike Carr and Circuit Judge Romero Mañalich in the
aftermath of the Stadium Naples scandal. And this issue of ethics is
squarely before us today. This is what it says. That public officials
shall not solicit or accept, directly or indirectly, any fee,
compensation, gift, gratuity, favor, food, entertainment, loan or any
other thing of monetary value from anyone who the public official
knows or reasonably should know is seeking zoning, permitting, or
inspection approval from the county department or board with which
the public official is affiliated.
I don't believe this was the best decision of our County Manager
to put this employee in the position of the Division Director of
Planning and Zoning. It is all well and good that she had great good
sense to self-disclose, but the critical issue was dropped there. This
employee cannot do both, working in Collier County in a position
where she can directly influence the out-coming of a zoning matter
and have her family receive a monetary benefit from a landowner
seeking entitlements on his property from Collier County. I believe
that maintaining our taxpayers' confidence in Collier County and
maintaining the integrity of the county through responsible ethics is
critical, and especially at a time when we are greatly expanding.
In light of the above, it is my recommendation that the County
December 8, 2020
Page 250
Manager recommends [sic] his decision to appoint this employee to
the Director of Planning and Zoning, and I'd like to have support
from the Commission on this.
Thank you.
COMMISSIONER McDANIEL: I'm sorry. Can you say
what --
COMMISSIONER TAYLOR: I would like to direct the County
Manager to reconsider his decision --
COMMISSIONER SOLIS: Oh, okay.
COMMISSIONER TAYLOR: -- to appoint this employee as
Director of Planning and Zoning.
Thank you.
MR. OCHS: Mr. Chairman, if I might.
CHAIRMAN SAUNDERS: Yes, Mr. Ochs.
MR. OCHS: Thanks, Commissioner Taylor, for bringing this
forward. I do have a couple things I'd like to say, and I'm going to
refer to my notes as well so I don't miss anything.
The Commissioner's correct, I did speak with Mr. Cohen, the
Growth Management Department Head in early June of this year to
consider his request to appoint Anita Jenkins as the interim planning
director. This is a position that has been vacant since August of
2019.
He advised that Ms. Jenkins had made an ethics inquiry to the
County Attorney's Office and had received a reply, which I read, and
we subsequently discussed it at some length. Once I read that the
County Attorney concluded that Ms. Jenkins' appointment to interim
planning director did not create a legal conflict of interest but may
create a perception of a conflict, I then had to decide if filling a
critical important management position in our Growth Management
Department with a highly qualified, experienced, credentialed
professional with a proven track record of exemplary performance
December 8, 2020
Page 251
and professional integrity outweighed the unknown potential prospect
that someone might sometime in the future perceive that Ms. Jenkins'
job performance has created or might someday create a conflict of
interest because her adult son earned an academic college scholarship
from a private organization established by an individual who's
affiliated with one of several major property owners in Eastern
Collier County, an individual whom she has never met.
Given those facts, I chose to authorize Ms. Jenkins'
appointment, and I would do it again under the same circumstances.
Let's examine briefly Ms. Jenkins' involvement in the planning
process that led to the Board of County Commissioners approval to
transmit the RLSA amendments to the Florida Department of
Economic Opportunity on November 10th, 2020.
Those proposed amendments to the RLSA overlay were based
on the Board-authorized five-year review report and the RLSA
restudy report commonly referred to as the white paper. The white
paper was written by former County Planner Kris Van Lengen in
May of 2019 under the direction of Mike Bosi, the then Planning and
Zoning Director at the time.
Mr. Van Lengen left the county in July of 2019. Mr. Bosi left
the county in August of 2019.
During the summer of 2019, Mr. Cohen took the lead in the
development of the five-year review report and the white paper.
After extensive stakeholder vetting, Mr. Cohen presented the results
of the five-year review report and the white paper to the Board in
October 2019. The Board directed staff to bring the GMP
amendments based on the five-year review report and the white paper
back to the Board.
In November of 2019, Mr. Cohen established the RLSA
interdisciplinary team to develop the Board-directed advertisement.
The team consisted of staff members from Planning, Transportation,
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Engineer Review, Environmental Planning, Housing, Transit, and
Capital Project Planning. In developing the draft policies, the team
had conversations with various stakeholders involved in the process.
Draft amendments were posted on March 9th, 2020, with a prescribed
comment period of March 9th through March 19th, 2020. In April of
2020, work began on the final draft of the amendments based on the
comments received and the internal staff review by the RLSA
interdisciplinary team.
Mr. Cohen had structured the staff team to work in a
collaborative fashion and reserved decision-making authority
regarding the final content of the amendments to himself as the GMD
Department Head. Issues such as aggregation, affordable housing,
tier restoration, credit analysis, Water Resource Areas, et cetera, were
refined.
Aggregation was dropped since this was a legacy from the rural
process for DRIs, and Mr. Cohen believed that the same results could
be achieved utilizing existing tools in the GMP and the LDC.
Ms. Jenkins' participation in the team consisted of document
preparation and Comprehensive Planning consistency review.
The final draft amendment was completed by the staff team on
June 18th, 2020. Mr. Cohen and the team presented the final
amendments to the Planning Commission on September 3rd, again on
the 17th, and on the 25th of this year. And, finally, the
Board-approved transmittal of the RLS amendments to the
Department of Economic Opportunity on November 10th, 2020.
Now, the above timeline of key events, it indicates that Mr. Cohen
had been the lead in the development of the RLSA amendments since
the summer of 2019, bolstered by an RLS team as part of their
decision-making process.
I am unaware of any evidence or inference that Ms. Jenkins has
provided any special consideration to Collier Enterprises as a result
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of her adult son's scholarship award.
With respect to land-use applications currently or previously
under review from Collier Enterprises, it's been established that
Ms. Jenkins was not involved at all in the review of the Rivergrass
petition. She was working at the time in the community planning
section on the Immokalee Road master plan.
And with regard to the two SRA village projects currently under
review, Mr. Cohen is the lead on both of those planning teams along
with the planning manager, Mr. Bellows, and principal managers
assigned to those reviews by the planning manager.
So, Mr. Chairman and Commissioners, I believe the decision
was appropriate under the circumstances known at the time of that
decision, and I stand by the decision that I made. I'm available for
comments or questions.
CHAIRMAN SAUNDERS: All right. Comments from the
Commission? I think, Commissioner Taylor, you had made a
suggestion. Would you repeat what you're looking for?
COMMISSIONER TAYLOR: Yes. That we, as a Commission,
ask our County Manager to reconsider the decision. I did speak to
two judges over the weekend, and it's clear, ethics and conflict of
interest is based on money and blood. And, unfortunately, in this
situation, that definition qualifies.
The job description of the Director of Planning and Zoning is
clear. It has been developed by the county. Whether our growth
management head is taking over or not is not the issue. The issue is
that's her job description. She can interpret the GMP. She
supervises -- unless she's not the interim -- or not the director, she's
doing those -- she is fulfilling those duties. And it is very clear that
between June of 20 -- June 20th -- no, it's not. Maybe let's just say
May of 2020 and September, something happened over the summer
that the aggregation rule was suddenly removed, and it was sudden
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because we all expected it to be in this, and the aggregation rule
benefits the family in question that is the benefactor of her son.
CHAIRMAN SAUNDERS: All right. I'm going to make a --
I'm sorry.
COMMISSIONER SOLIS: Yeah, I think we both have --
CHAIRMAN SAUNDERS: Commissioner Solis?
COMMISSIONER McDANIEL: I think we've all got
something to say.
COMMISSIONER SOLIS: I think we all have something to
say.
Okay. So I think there's several different issues. Number one,
it's my understanding that our County Attorney rendered an opinion
that said there was no legal conflict of interest; is that correct?
MR. KLATZKOW: Correct.
COMMISSIONER SOLIS: Okay. So we have a legal opinion,
and Ms. Jenkins was the one that asked for the legal opinion, and the
legal opinion she got was that there was no conflict of interest.
So, number one, why would we remove her if there is no legal
conflict of interest? Because that's the opinion -- let me finish.
That's the opinion of our County Attorney.
Number two, you know, here's a long-term employee who did
the right thing, who asked for an opinion, is told there is no legal
conflict of interest, so she's going to be punished for having done the
right thing if we ask to remove her, which I think is just inherently
unfair.
Number 3, even if -- you know, for the sake of argument, let's
say that there may -- you know, let's just say there is a conflict of
interest, although our legal opinion is that there isn't one, it's a
conflict of interest with one person, not the entire county and not
everybody that owns a piece of property in the county that would
preclude her from fulfilling her duties as a zoning director. It's -- so,
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I mean, the solution is she has no involvement with whatever this
perceived conflict of interest would be. I don't see how we remove
somebody because there's, you know, a perception -- not a legal
conflict, but a perception that there was a conflict. I don't know
how -- how that is a remedy that gets to what the issue is, if there is
an issue. It would be, she just doesn't have anything to do with
anything related to Collier Enterprises.
And, I mean, if -- you know, we can't -- I think -- talk about a
chilling effect. I mean, we can't penalize employees for having done
the right thing and receiving an answer that there is no conflict, you
know, and that was the advice given to the County Attorney -- from
the County Attorney to County Manager, and the decision was made
based upon qualifications.
I mean, I can't imagine what the effect that would have on the
morale of our employees because it's just patently unfair.
Let's resolve the -- if there's an issue, let's just take care of that, but
you're talking about demoting her, right?
COMMISSIONER TAYLOR: I'm not -- no, sir. I am talking
about asking the County Manager to reconsider his decision. That
decision on how it's handled is his decision. It is not ours. That's his
decision.
COMMISSIONER SOLIS: Right.
CHAIRMAN SAUNDERS: Hang on. Let's try --
COMMISSIONER SOLIS: His decision was to appoint her.
CHAIRMAN SAUNDERS: Let's try to do this one at a time.
Commissioner Solis has the floor, then Commissioner LoCastro, and
then I'll go back to Commissioner Taylor.
COMMISSIONER SOLIS: So I just don't want to throw the
baby out with the bathwater, so to speak, because of -- I mean, we've
been told there is no "conflict of interest" issue. We've got a legal
opinion to that effect.
December 8, 2020
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COMMISSIONER TAYLOR: No, sir, you don't.
CHAIRMAN SAUNDERS: All right. Mr. LoCastro.
Are you finished, Commissioner Solis?
COMMISSIONER SOLIS: Well, I mean --
CHAIRMAN SAUNDERS: Go ahead.
COMMISSIONER SOLIS: -- Commissioner Taylor's saying
no, and I'm going to look at our County Attorney again and say, what
is your opinion as to whether or not there's a conflict of interest based
upon either the statute or our code of ordinances?
MR. KLATZKOW: What I stated was there is no legal conflict
of interest.
COMMISSIONER McDANIEL: Correct.
CHAIRMAN SAUNDERS: Commissioner LoCastro.
COMMISSIONER TAYLOR: But there is an ethical one.
COMMISSIONER LoCASTRO: I'm a little perplexed, because
45 minutes ago my colleges here talked about Mr. Ochs' 30 years of
experience and that him unilaterally appointing two people to some
very high positions -- which I concurred with, I just wanted to see a
little bit more of a competition to protect you-all and have you
compete. That's already passed.
But now we are putting into question his judgment on
appointing somebody to a position and now all of a sudden it's in
question. I actually think Mr. Ochs has already answered the
question. He said if he had it to do all over again, he would do
exactly what he just did.
And I think what Commissioner -- and I respect what
Commissioner Taylor has brought to the table. I mean, this is part of
the checks and balances. But if the question is, I would like the
County Manager to reconsider his appointment, I believe he already
did at this meeting, and he -- and he stated unequivocally that he
would do the exact same thing again.
December 8, 2020
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And I do think -- I won't counter what maybe two judges might
have told one of our commissioners, but I think we take the legal
opinion of our County Attorney, and I actually feel like if we're going
to trust the judgment of a 30-year veteran and all of his experience
just an hour ago to appoint two people unilaterally, then, certainly,
you know, we should follow that same algorithm here, and I think
that the question's already been asked and answered.
CHAIRMAN SAUNDERS: Commissioner Taylor.
COMMISSIONER TAYLOR: Well, no, that's fine. I just
wanted this to go on the record. I'd like to make a motion that we ask
the County Attorney [sic] to reconsider his decision and that it
comes -- that he brings that decision to us at the first meeting in
January.
MR. KLATZKOW: You mean the County Manager.
MR. OCHS: The County Manager.
COMMISSIONER TAYLOR: County Manager.
CHAIRMAN SAUNDERS: All right. We have a motion.
We'll see if there's a second in just a moment.
I agree with Commissioner Solis and Commissioner LoCastro.
We have a county attorney. We are on solid ground legally from any
kind of a liability standpoint when we rely on our legal counsel for
his legal opinions. When we vary from that, that's when we are --
that's when we have some potential problems.
I think the opinion -- now, Mr. Klatzkow may want to
reconsider his opinion. That's a whole different story. And he may
be doing that after this meeting. But until we get a different opinion
from the County Attorney, I agree that there is not an ethics issue
here.
We do have a motion. Is there a second?
COMMISSIONER McDANIEL: Not from me.
CHAIRMAN SAUNDERS: If there's no second, the motion
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fails for a lack of a second.
Item #15
STAFF AND COMMISSION GENERAL COMMUNICATIONS
CHAIRMAN SAUNDERS: All right. We'll move on to staff
and commission general communications. I'd like to start off --
Mr. Casalanguida's going to be leaving us here in a few short weeks.
It will be a sad day. It will be a glad day for him, but a sad day for
us. And I wanted to give him an opportunity to say a few words, and
perhaps we may even have a few words to say as well.
COMMISSIONER LoCASTRO: Mr. Chairman.
CHAIRMAN SAUNDERS: Yes.
COMMISSIONER LoCASTRO: Mr. Chairman, only just
because I'm new. Maybe I'm missing some protocol here, but there
was a line item here, 16G2, that I actually thought we were going to
get to. So maybe -- you know, I'm still figuring out the things we sort
of skip over.
CHAIRMAN SAUNDERS: Yeah, yeah. We sort of --
COMMISSIONER McDANIEL: That's consent.
COMMISSIONER LoCASTRO: I'm sorry?
CHAIRMAN SAUNDERS: We sort of got to that already.
Those are all the consent.
COMMISSIONER LoCASTRO: They're all sort of lumped into
the one giant?
CHAIRMAN SAUNDERS: Yes.
COMMISSIONER LoCASTRO: I would just -- I just want to
clarify that on 16G2 it talked about airport equipment. And I met
with the department that oversees that, and the fine print it just -- and
so maybe this is just for the record. It showed the purchase of a
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$14,000 golf cart. So I don't know if we're purchasing that from
NASA or Elon Musk. But I was told there might have been a typo
and that it should have said "golf carts." I hope it's golf carts,
because I'd love to see the photo of a $14,000 golf cart, especially
that's going to an airport on Marco Island that's a year and a half
behind schedule.
CHAIRMAN SAUNDERS: You know they do have those at
The Villages?
COMMISSIONER LoCASTRO: Oh, they've got plenty of
them, but none that I want to use taxpayer dollars for. So just maybe
a matter of record. I was told it might be a typo. If it's not, I would
like to just have some, you know --
CHAIRMAN SAUNDERS: If it's not a typo, we can reconsider
that later; not right now.
MR. OCHS: I'll provide that.
COMMISSIONER McDANIEL: We voted in the affirmative
for it.
MR. OCHS: I'll make sure I provide that information.
COMMISSIONER LoCASTRO: Just a point of record, I guess,
to --
CHAIRMAN SAUNDERS: Well, after -- well, is this a --
MR. OCHS: It's an Airport Authority item under your consent
agenda.
CHAIRMAN SAUNDERS: Let's see if we can clarify that right
now, because if it's an error, then we need to fix it right now.
COMMISSIONER LoCASTRO: Here is the man I talked to.
MR. COHEN: Yes, you did. It's a service vehicle. It carries six
folks; gas, not electric; and it tows an aircraft.
COMMISSIONER LoCASTRO: Well, that was the second.
There were two items on there. And I don't want to belabor this
point.
December 8, 2020
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MR. COHEN: The first one was a -- yeah, the first issue was a
tug. That's a different vehicle. But the one that you were asking me
about, that also --
COMMISSIONER LoCASTRO: So golf cart wouldn't properly
describe what it is?
MR. COOK: No, that's correct.
COMMISSIONER LoCASTRO: Excellent. Thank you very
much.
MR. OCHS: Thanks for the question, sir. I appreciate that.
CHAIRMAN SAUNDERS: Nick.
MR. CASALANGUIDA: Sure. Mr. Chairman, I just -- I'll be
brief. It's late in the day. I wanted to say thank you to all of you and
the past board members I've worked for. It's been a pleasure. Sixteen
years, I never thought I'd be where I am sitting today.
I want to thank the County Manager. He's a personal friend.
I've worked with him for those 16 years, been up here for five years.
It's a sad day for me to leave. I really never thought I'd be doing what
I'm doing in the time I'm doing.
But I really wanted to say to everyone I'm very grateful. It's
been a terrific experience. And get rid of any rumors. There's no
secret Facebook account anybody found. There's no dark state. Leo
and I are not fighting in the hallway and disagreeing, and there's no
board members that want to see me leave so I'm getting out early.
So -- just an opportunity that presented itself, and, you know, at
this stage of my life, you know, as they say, my dad passed away this
spring, the dog died, and my youngest is going to college, so it was
one of those decision points that came up and -- but mostly I wanted
to say thank you. I appreciate the peers and colleagues I've worked
with and especially Leo who's been a good friend and will stay a
good friend. So thank you.
CHAIRMAN SAUNDERS: I will say that you will be missed.
December 8, 2020
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You've done an incredible job over the 16 years. I've worked
with you for all of those years. I wanted to wish you the best. I
know you're going to have a great career outside of government. And
if you change your mind between now and the 15th --
COMMISSIONER McDANIEL: You've got a week to apply.
CHAIRMAN SAUNDERS: You would be -- your resumé
would still be considered, let me say that.
But, anyway, I just wanted to wish you the best. You've done a
wonderful job for us.
Any other comments and --
COMMISSIONER McDANIEL: Only to second what you just
got done saying.
CHAIRMAN SAUNDERS: All right.
COMMISSIONER SOLIS: Thank you for all your years of
service, and I hope you figure out how to take some time off every
once in a while.
MR. CASALANGUIDA: Yeah. I've got to learn that one, sir.
CHAIRMAN SAUNDERS: All right.
Staff and commission general communications. Mr. Ochs?
MR. OCHS: Yes, sir. Just two items. One brief one --
hopefully brief, but the first is just a reminder, and we talked about
this just a few minutes ago. You do have a mental health workshop
on December 15th at 9:00 and then, of course, we'll follow that with
the special Board meeting at 11:00.
And the other item I wanted to get some feedback from the
commissioner on is the One Naples hearing that is currently
scheduled to -- or tentatively scheduled to come to the Board on
January the 12th. I've spoken to all of you individually, and you've
all had different ideas and thoughts about how we might want to
handle that meeting in terms of date, time, logistics, location.
So, Mr. Chairman, I know you wanted to speak to your
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colleagues about it. We just need -- if it's going to be somewhere
other than this building, you know, the sooner we know that the
better, so we can make arrangements for broadcast media and Zoom
call in and all those kinds of things.
CHAIRMAN SAUNDERS: Well, I would -- I know there's
going to be an awful lot of people that want to participate in that. I
think -- they had a neighborhood information meeting; I think they
had 400 people there or something of that nature. So that was
pre-COVID, so I'm sure that there will be a lot of interest. I was
thinking -- and Commissioner Taylor will be the chairperson at that
point in time.
MR. OCHS: Correct.
CHAIRMAN SAUNDERS: But I was thinking we may want to
put this off just a little bit. That first meeting in January is probably
going to be pretty much of a monster to begin with, and this is going
to be probably a four- or five-hour thing.
MR. OCHS: It will be a full day, yes, sir.
CHAIRMAN SAUNDERS: So the thought was perhaps setting
aside a specific day other than a county commission regular meeting
day and do it at the North Collier Park because there's a lot of
opportunity for social distancing. I think we can probably -- I don't
know how many people you can fit in that room distancing, but it's
probably 50 or 70 people.
MR. OCHS: Yeah, at least.
MR. CASALANGUIDA: At least.
CHAIRMAN SAUNDERS: That was just my thought.
COMMISSIONER McDANIEL: Well -- and the other thought
was I like the idea of doing it on a separate day than -- have us do it,
but maybe contact the school board. The school board has an
enormous facility with all kinds of -- all kinds of recording capacities.
And we held one of our early theoretical dual MPO meetings with
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Lee County there right shortly after you and I came into office, and
that's a large facility that's got tons of parking and plenty of parking
spaces and such. I'm not against North Collier because we've got that
there as well, but the setting is quite conducive at the school board's
facility.
COMMISSIONER LoCASTRO: I was -- if I may. I don't know
the capacities of all the places that you're mentioning, but I know
you've had a lot of big events at the sport -- I'm sure by January it
will be called the Casalanguida Sports Park once you depart. But is
the Sports Complex anything conducive to -- or larger? Okay. I was
just was --
MR. CASALANGUIDA: No, sir.
COMMISSIONER LoCASTRO: I was just curious, because I
know you've done some big things there.
MR. CASALANGUIDA: Yeah. No indoor facility. Actually,
Commissioner McDaniel's idea is pretty spot on if we can get it.
MR. OCHS: The challenge is handling overflow. Once you fill
up a room, what do you do with the rest of the people?
CHAIRMAN SAUNDERS: Yeah. We actually could continue
One Naples until that big building out there at the sports park is
completed.
MR. OCHS: There you go.
CHAIRMAN SAUNDERS: We can do it there.
COMMISSIONER LoCASTRO: The hockey rink?
MR. OCHS: Yes, yes.
CHAIRMAN SAUNDERS: Well, why don't we do this. I think
everybody agrees we should have a separate day. Everybody agrees
that the first week of January -- or the second Tuesday in January is
way too soon. Let's have the Manager come back to us on
January 8th; is that the next meeting? Oh, actually, we're going to
have a meeting on January 15th -- December 15th.
December 8, 2020
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MR. OCHS: Yeah. January 12th is your next schedule --
CHAIRMAN SAUNDERS: You may be able to come back and
advise us next Tuesday.
COMMISSIONER TAYLOR: There may be a possibility, too,
of using the facilities at St. John, the Roman Catholic Church. I think
it's St. John, isn't it? That's where the NIM meeting was.
COMMISSIONER SOLIS: On 111th?
COMMISSIONER TAYLOR: Yeah, because they have two --
they would have the church where you could have people wait out of
the elements in case it's raining, and then you'd have the auditorium
there. So that might be a possibility, and it's a neighborhood area.
CHAIRMAN SAUNDERS: Why don't you come back to us
on -- next Tuesday with some recommendations. I personally feel
that it should be a government-type facility that we have this in as
opposed to a church or a private facility. I just think that that's just a
better setting, personally. But why don't you come back with some
recommendations, and we'll set a date next Tuesday. Is that all right?
COMMISSIONER SOLIS: And I think it's also important that
we still have the option for people to call in because --
CHAIRMAN SAUNDERS: Oh, absolutely.
COMMISSIONER TAYLOR: Oh, yes. Oh, no. It should be
Zoom and in person --
(Simultaneous crosstalk.)
MR. OCHS: Yes, it will be. Yes, yes, it will.
CHAIRMAN SAUNDERS: All right?
MR. OCHS: Will do. I believe that's all I had, Mr. Chairman.
CHAIRMAN SAUNDERS: All right. Commissioner
McDaniel, are you all set, or should I start at the other end?
COMMISSIONER McDANIEL: Go to the other end, please.
CHAIRMAN SAUNDERS: All right. Commissioner Solis, do
you have any suggestions or thoughts?
December 8, 2020
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COMMISSIONER SOLIS: No, other than -- other than to
apologize to Commissioner Taylor for having raised my voice. I feel
like I've had way too much coffee today. And --
COMMISSIONER TAYLOR: I saw that coming towards your
end, these two gentlemen. Next time it needs to come across the dais.
COMMISSIONER SOLIS: Maybe I need to lay off the
afternoon espresso. But I didn't mean to be uncivil or disrespectful. I
just --
COMMISSIONER TAYLOR: You were not.
COMMISSIONER SOLIS: I just -- sorry about that. So I
wanted to apologize if I did raise my voice.
But other than that, I would wish everyone Happy Holidays and
a Merry Christmas.
CHAIRMAN SAUNDERS: Commissioner LoCastro.
COMMISSIONER LoCASTRO: I'd just like to say what an
honor it is to serve up here with you-all; that today was a big day for
me personally. It meant a lot. I feel honored and proud to be here
with my colleagues, whether we agreed or disagreed.
And also, too, I just want to clarify something. I think very
highly of Mr. Rodriguez and Mr. French, and so I have no doubt you
are going to be phenomenal leaders, and I support you
wholeheartedly. It was more on the process and protecting you. I
will tell you that since we talked, my phone has exploded from
citizens that say other things about competition, and they like to see it
open. But you know, all said and done, you have my full support. I
look forward to learning from you. I know that you're top-notch
individuals, and I can't wait to get started with you-all and do great
things for Collier County.
CHAIRMAN SAUNDERS: Commissioner McDaniel.
COMMISSIONER McDANIEL: And I went through my notes,
and I'm all good. I want to wish everybody a Merry Christmas,
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Happy New Year and peace be with you.
MR. CASALANGUIDA: Peace be with you.
CHAIRMAN SAUNDERS: Commissioner Taylor.
COMMISSIONER TAYLOR: Yeah. A minor thing, but it's
something we need to think of as we maybe finally slowly climb out
of the COVID time is that -- and I'm hearing it again and again. The
best service is face service. It's one on one. And what's happening in
Building and Planning and with specifically the wonderful,
wonderful electronic way it was set up so that we could can keep on
doing business sometimes isn't the best, because you can yell at that
computer, but it's not going to help you.
And sometimes things are done incorrectly, and if there was
someone in front of them, they'd -- okay, try this or do that, and that
personal touch is missing. But, I mean, as someone said to me, as a
builder said to me, do you really enjoy calling Comcast? And he's
right, right? He's right.
COMMISSIONER SOLIS: Comcast?
COMMISSIONER TAYLOR: Comcast, yeah. So it's -- as we
move, I hope that it's more of a hybrid and more of a balance. And
I'm sure it will be. The danger, of course, in managing a county is
that, oh, you know, if it's all on computer, I can say -- which is what
Comcast has done, right? I can say this, and I can say that. And
it's -- we're losing that -- we don't want to lose who we are as Collier
County. So that's -- that's it.
And I wanted -- I'm not going to say Merry Christmas yet. I'm
going to say it on the 15th.
COMMISSIONER McDANIEL: Oh.
COMMISSIONER TAYLOR: But -- and I don't know if
Deputy Manager Casalanguida's going to be with us on the 15th.
MR. CASALANGUIDA: I probably will not be at the
workshop. I'll be helping Dan transition. I think Leo and Sean will
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probably be conducting that portion of it, unless Leo wants me there
for some reason.
MR. OCHS: If you want him punished, I can make sure --
COMMISSIONER TAYLOR: I just want to say thank you.
MR. CASALANGUIDA: Oh, my pleasure.
COMMISSIONER TAYLOR: I've enjoyed working with you.
You have a great future in front of you --
MR. CASALANGUIDA: Thank you, ma'am.
COMMISSIONER TAYLOR: -- and nothing but good wishes
and blessings coming your way.
MR. CASALANGUIDA: Thank you, ma'am.
COMMISSIONER TAYLOR: You're welcome.
CHAIRMAN SAUNDERS: I have a couple things.
When Commissioner LoCastro was elected and when Bill
McDaniel was re-elected, there was a news article, and both
gentleman were discussing our meeting schedules for next year and
both indicated a desire not to have a break as when we have
traditionally done in the summertime, and I wanted to make a
suggestion as we begin to formulate the calendar for 2021.
We have a -- we have a break in the summertime for a couple of
reasons. One is that it gives our staff an opportunity to relax a little
bit after every -- you know, every two weeks they're putting together
these 1,000-page agendas or 2,000-page agendas. So this gives staff
a little bit of a break.
We're all here doing whatever we need to do as commissioners,
but it gives everybody a break, an opportunity to take some
vacations. And we, literally, miss three meetings, so it's not a big
deal. And what I would suggest is that in November we have two
regular meetings, the second and fourth Wednesday -- or Tuesdays,
rather. Every Thanksgiving we all go to the Farm-City Barbecue.
That's the Wednesday before Thanksgiving. We would have a
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commission meeting that Tuesday. So we're here. There's no reason
for us not to have two meetings in December.
COMMISSIONER McDANIEL: Do you have a squirrel in your
pocket? I haven't been in Naples, Florida, on Tuesday before
Thanksgiving for 35 years.
CHAIRMAN SAUNDERS: Well, I mean, we don't all have to
be here. We can call in. There's ways to deal with that. So the
suggestion would be that when we have two meetings in Thanks -- in
November and that we have to meetings in December. The -- just as
an example --
COMMISSIONER McDANIEL: No.
CHAIRMAN SAUNDERS: -- we're having two meetings this
December, the second and third Tuesdays we're having two meetings.
We could have a meeting the first and second Tuesday in December.
That would give us a total of three -- we would be making up two of
those three meetings that we're missing in July and August.
I want to suggest that as opposed to elimination of a break in July and
August. So I'll just throw that out and see if there's any discussion.
And if not, we'll move on.
All right. That was a very popular suggestion on my part. Like
I've said to Commissioner McDaniel, a good idea becomes a great
idea if you can get a second and a third vote.
COMMISSIONER McDANIEL: You go.
CHAIRMAN SAUNDERS: All right. There's been some
misinformation. We have a county committee. It's the Emergency
Medical Authority. Just a regular committee that meets all year long.
They have a regularly scheduled meeting on December 9th at 9:00
a.m. And somehow or another some folks in the public have taken
this to mean that there's going to be an effort to require vaccinations
and that sort of thing.
COMMISSIONER TAYLOR: Most importantly, it is
December 8, 2020
Page 269
Commissioner Taylor that's calling this meeting, to --
CHAIRMAN SAUNDERS: Yeah. And I just want the public
to understand, this is a regular meeting. It has nothing to do with
vaccinations. Commissioner Taylor is not scheduling this meeting
and leave her alone.
COMMISSIONER TAYLOR: Thank you.
CHAIRMAN SAUNDERS: All right.
COMMISSIONER McDANIEL: Before you hit the gavel, I
have one point.
CHAIRMAN SAUNDERS: Yes.
COMMISSIONER McDANIEL: And it's an acknowledgment
to you. You brought forward, and we passed it already, the initiative
with regard to the Productivity Committee, and I want to commend
you on that. I like what you brought forward. I like the pretense, I
like the additional transparency that it offers, and I applaud you for
bringing that forward.
CHAIRMAN SAUNDERS: Thank you. I appreciate you
saying that. I've gotten several emails from folks that want to
participate in that, and I've spoken to the County Manager in advance
of that to make sure we weren't jumping all over his authority. And
so I think it will -- I think it will help us streamline some activities of
county government.
All right. With that, if there's nothing else, we are adjourned.
**** Commissioner Solis moved, seconded by Commissioner
LoCastro and carried that the following items under the Consent and
Summary Agendas be approved and/or adopted ****
Item #16A1
FINAL ACCEPTANCE OF THE SEWER FACILITIES FOR
December 8, 2020
Page 270
DOLPHIN AUTO SPA, PL20190001604, ACCEPT THE
CONVEYANCE OF A PORTION OF THE SEWER FACILITIES,
AND AUTHORIZE THE COUNTY MANAGER, OR HIS
DESIGNEE, TO RELEASE THE UTILITIES PERFORMANCE
SECURITY (UPS) AND FINAL OBLIGATION BOND IN THE
TOTAL AMOUNT OF $9,970.22 TO THE PROJECT ENGINEER
OR THE DEVELOPER’S DESIGNATED AGENT – A FINAL
INSPECTION WAS CONDUCTED ON SEPTEMBER 23, 2020
AND FOUND SATISFACTORY
Item #16A2
FINAL ACCEPTANCE AND ACCEPT THE CONVEYANCE OF
THE POTABLE WATER AND SEWER UTILITY FACILITIES
FOR WINDING CYPRESS PHASE 3A, PL20180003734, AND
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 – A FINAL INSPECTION
WAS CONDUCTED ON OCTOBER 13, 2020 AND FOUND
SATISFACTORY
Item #16A3
FINAL ACCEPTANCE OF THE POTABLE WATER UTILITY
FACILITIES AND ACCEPT THE CONVEYANCE OF A
PORTION OF THE POTABLE WATER UTILITY FACILITIES
FOR THE NAPLES BRIDGE CENTER, PL20200001199 – A
FINAL INSPECTION WAS CONDUCTED ON JULY 31, 2020
AND FOUND SATISFACTORY
December 8, 2020
Page 271
Item #16A4
FINAL ACCEPTANCE AND ACCEPT THE CONVEYANCE OF
THE POTABLE WATER AND SEWER UTILITY FACILITIES
FOR SUTTON CAY, PL20190001095 AND 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 – A FINAL INSPECTION WAS
CONDUCTED ON OCTOBER 15, 2020, AND FOUND
SATISFACTORY
Item #16A5
FINAL ACCEPTANCE OF THE SEWER FACILITIES AND
ACCEPT THE CONVEYANCE OF THE SEWER FACILITIES
FOR FANDRICH RESIDENCE, PL2020001828 – A FINAL
INSPECTION WAS CONDUCTED ON OCTOBER 19, 2020 AND
FOUND SATISFACTORY
Item #16A6
FINAL ACCEPTANCE OF THE SEWER UTILITY FACILITIES
FOR SPRINGS AT HAMMOCK COVE PHASE 2 - SEWER
ONLY, PL20190001609, AND AUTHORIZE THE COUNTY
MANAGER, OR HIS DESIGNEE, TO RELEASE THE UTILITIES
PERFORMANCE SECURITY (UPS) AND FINAL OBLIGATION
BOND IN THE TOTAL AMOUNT OF $12,210.68 TO THE
PROJECT ENGINEER OR THE DEVELOPER’S DESIGNATED
AGENT – A FINAL INSPECTION WAS CONDUCTED ON
NOVEMBER 3, 2020 AND FOUND SATISFACTORY
December 8, 2020
Page 272
Item #16A7
FINAL ACCEPTANCE OF THE POTABLE WATER AND
SEWER UTILITY FACILITIES FOR ISOLA BELLA,
PL20190000971, AND 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 – A
FINAL INSPECTION WAS CONDUCTED ON NOVEMBER 4,
2020 AND FOUND SATISFACTORY
Item #16A8
FINAL ACCEPTANCE AND ACCEPT THE CONVEYANCE OF
THE SEWER UTILITY FACILITIES FOR ARBORETUM,
PL20190000973 AND AUTHORIZE THE COUNTY MANAGER,
OR HIS DESIGNEE, TO RELEASE THE UTILITIES
PERFORMANCE SECURITY (UPS) AND FINAL OBLIGATION
BOND IN THE TOTAL AMOUNT OF $45,549.50 TO THE
PROJECT ENGINEER OR THE DEVELOPER’S DESIGNATED
AGENT – A FINAL INSPECTION WAS CONDUCTED ON
NOVEMBER 4, 2020, AND FOUND SATISFACTORY
Item #16A9
FINAL ACCEPTANCE OF THE POTABLE WATER AND
SEWER UTILITY FACILITIES AND ACCEPT THE
CONVEYANCE OF A PORTION OF THE POTABLE WATER
UTILITY FACILITIES FOR NAPLES ESTATES, PL20190001617
December 8, 2020
Page 273
– A FINAL INSPECTION WAS CONDUCTED ON AUGUST 7,
2020 AND FOUND SATISFACTORY
Item #16A10
FINAL ACCEPTANCE AND ACCEPT THE CONVEYANCE OF
THE POTABLE WATER AND SEWER UTILITY FACILITIES
FOR AZURE AT HACIENDA LAKES - PHASE 1 REPLAT
(SUBPHASES 2-5), PL20190001232, AND AUTHORIZE THE
COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE
FINAL OBLIGATION BOND IN THE AMOUNT OF $4,000 TO
THE PROJECT ENGINEER OR THE DEVELOPER’S
DESIGNATED AGENT – A FINAL INSPECTION WAS
CONDUCTED ON NOVEMBER 3, 2020 AND FOUND
SATISFACTORY
Item #16A11
FINAL ACCEPTANCE AND ACCEPT THE CONVEYANCE OF
THE POTABLE WATER AND SEWER UTILITY FACILITIES
FOR AZURE AT HACIENDA LAKES - PHASE 2A1,
PL20190001367, AND 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 – A
FINAL INSPECTION WAS CONDUCTED ON NOVEMBER 3,
2020 AND FOUND SATISFACTORY
Item #16A12
December 8, 2020
Page 274
FINAL ACCEPTANCE OF THE POTABLE WATER AND
SEWER UTILITY FACILITIES AND ACCEPT THE
CONVEYANCE OF A PORTION OF THE POTABLE WATER
AND SEWER UTILITY FACILITIES FOR EMS 25 HACIENDA
LAKES, PL20200001251 – A FINAL INSPECTION WAS
CONDUCTED ON OCTOBER 29, 2020 AND FOUND
SATISFACTORY
Item #16A13
RESOLUTION 2020-213: FINAL ACCEPTANCE OF THE
PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS,
AND ACCEPTANCE OF THE PLAT DEDICATIONS, FOR THE
FINAL PLAT OF ARTESIA NAPLES, PHASE 3, PL20130002538
AND AUTHORIZE THE RELEASE OF THE MAINTENANCE
SECURITY
Item #16A14
RESOLUTION 2020-214: FINAL ACCEPTANCE OF THE
PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS,
AND ACCEPTANCE OF THE PLAT DEDICATIONS, FOR THE
FINAL PLAT OF ARTESIA NAPLES, PHASE 4, PL20140002472
AND AUTHORIZE THE RELEASE OF THE MAINTENANCE
SECURITY
Item #16A15
RESOLUTION 2020-215: FINAL ACCEPTANCE OF THE
PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS,
AND ACCEPTANCE OF THE PLAT DEDICATIONS, FOR THE
December 8, 2020
Page 275
FINAL PLAT OF BENT CREEK PRESERVE, PHASE 2A,
PL20170001771 AND PL20180000294 AND AUTHORIZE THE
RELEASE OF THE MAINTENANCE SECURITY
Item #16A16
RESOLUTION 2020-216: FINAL ACCEPTANCE OF THE
PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS,
AND ACCEPTANCE OF THE PLAT DEDICATIONS, FOR THE
FINAL PLAT OF RAFFIA PRESERVE - PHASE 1,
PL20130000232 AND AUTHORIZE THE RELEASE OF THE
MAINTENANCE SECURITY
Item #16A17
RESOLUTION 2020-217: FINAL ACCEPTANCE OF THE
PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS,
AND ACCEPTANCE OF THE PLAT DEDICATIONS, FOR THE
FINAL PLAT OF RAFFIA PRESERVE - PHASE 3,
PL20140000592 AND AUTHORIZE THE RELEASE OF THE
MAINTENANCE SECURITY
Item #16A18
RESOLUTION 2020-218: FINAL ACCEPTANCE OF THE
PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS,
AND ACCEPTANCE OF THE PLAT DEDICATIONS, FOR THE
FINAL PLAT OF RAFFIA PRESERVE - PHASE 4,
PL20150002153 AND AUTHORIZE THE RELEASE OF THE
MAINTENANCE SECURITY
December 8, 2020
Page 276
Item #16A19
RECORDING THE FINAL PLAT OF ADDISON PLACE
COMMERCIAL, PL20200001237, APPROVAL OF THE
STANDARD FORM CONSTRUCTION AND MAINTENANCE
AGREEMENT AND APPROVAL OF THE AMOUNT OF THE
PERFORMANCE SECURITY – W/STIPULATIONS
Item #16A20
RECORDING THE FINAL PLAT OF CAYMAS PHASE ONE,
PL20200000171, APPROVAL OF THE STANDARD FORM
CONSTRUCTION AND MAINTENANCE AGREEMENT AND
APPROVAL OF THE AMOUNT OF THE PERFORMANCE
SECURITY – W/STIPULATIONS
Item #16A21
RECORDING THE FINAL PLAT OF TREE FARM
PL20180003592, APPROVAL OF THE STANDARD FORM
CONSTRUCTION AND MAINTENANCE AGREEMENT AND
APPROVAL OF THE AMOUNT OF THE PERFORMANCE
SECURITY – W/STIPULATIONS
Item #16A22
RECORDING THE FINAL PLAT OF MAPLE RIDGE AT AVE
MARIA, PHASE 6C, PL20200001634, APPROVAL OF THE
STANDARD FORM CONSTRUCTION AND MAINTENANCE
AGREEMENT AND APPROVAL OF THE AMOUNT OF THE
PERFORMANCE SECURITY – W/STIPULATIONS
December 8, 2020
Page 277
Item #16A23
RECORDING THE FINAL PLAT OF DEL WEBB NAPLES
PARCEL 111, PL20200001217, APPROVAL OF THE STANDARD
FORM CONSTRUCTION AND MAINTENANCE AGREEMENT
AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE
SECURITY – W/STIPULATIONS
Item #16A24
RESOLUTION 2020-219: HOLDING A PUBLIC HEARING TO
CONSIDER VACATING GULF SHORE COURT, THE 20-FOOT
ALLEY IN BLOCK “D” AND A PORTION OF CENTER STREET,
ALL PART OF THE PLAT OF VANDERBILT BEACH CENTER,
PLAT BOOK 3, PAGE 16 OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA, AS PART OF THE
APPLICATION FOR THE ONE NAPLES PROJECT. THE
VACATION WILL BE HEARD AS A COMPANION ITEM TO
THE ONE NAPLES APPLICATION. THE SUBJECT RIGHT-OF-
WAYS ARE LOCATED IN THE NORTHEAST QUADRANT OF
THE INTERSECTION OF GULF SHORE DRIVE AND
VANDERBILT BEACH ROAD IN SECTION 32, TOWNSHIP 48
SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA
(PL20200000368)
Item #16A25
THE SECOND AMENDMENT TO AGREEMENT 17- 7158
"PURCHASE AND DELIVERY OF AGGREGATES" WITH
GRIPPO PAVEMENT MAINTENANCE INC. – DUE TO THE
December 8, 2020
Page 278
PRICE INCREASE FOR 20 TONS DELIVERED CATEGORY
Item #16A26
FINAL ACCEPTANCE OF THE POTABLE WATER AND
SEWER UTILITY FACILITIES FOR ESPLANADE GOLF &
COUNTRY CLUB OF NAPLES – CULINARY CENTER,
PL20190000064, AND AUTHORIZE THE COUNTY MANAGER,
OR HIS DESIGNEE, TO RELEASE THE UTILITIES
PERFORMANCE SECURITY (UPS) AND FINAL OBLIGATION
BOND IN THE TOTAL AMOUNT OF $13,464.50 TO THE
PROJECT ENGINEER OR THE DEVELOPER’S DESIGNATED
AGENT – A FINAL INSPECTION WAS CONDUCTED ON
OCTOBER 8, 2020 AND FOUND THE FACILITED TO BE
SATISFACTORY
Item #16A27
FINAL ACCEPTANCE AND ACCEPT THE CONVEYANCE OF
THE POTABLE WATER AND SEWER UTILITY FACILITIES
FOR ESPLANADE GOLF & COUNTRY CLUB OF NAPLES –
PHASE 5, PARCELS K3 AND K4, PL20190000443, AND
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 – A FINAL INSPECTION
WAS CONDUCTED ON OCTOBER 8, 2020 AND FOUND THE
FACILITIES TO BE SATISFACTORY
Item #16A28
December 8, 2020
Page 279
HEARING A LAND DEVELOPMENT CODE AMENDMENT AT
TWO REGULARLY SCHEDULED DAYTIME HEARINGS AND
WAIVE THE NIGHTTIME HEARING REQUIREMENT – AS
DETAILED IN THE EXECUTIVE SUMMARY
Item #16A29
THE CLERK OF COURTS TO RELEASE A PERFORMANCE
BOND IN THE AMOUNT OF $364,865 WHICH WAS POSTED
AS A GUARANTY FOR THE RESTORATION OF THE OVER-
EXCAVATED PORTION OF SABAL PALM QUARRY
ASSOCIATED WITH EXCAVATION PERMIT NO.'S 59.201 AND
59.204 - PL20110001386
Item #16A30
A PURCHASE AGREEMENT FOR THE PURCHASE OF LAND
(PARCEL 109FEE) REQUIRED FOR THE VANDERBILT BEACH
ROAD EXTENSION (PROJECT NO. 60168)
Item #16A31
AN AGREEMENT FOR THE PURCHASE OF TWO ROAD
RIGHT-OF-WAY, DRAINAGE, AND UTILITY EASEMENTS
(PARCELS 104RDUE AND 107RDUE) AND A TEMPORARY
CONSTRUCTION EASEMENT (PARCEL 107TCE) REQUIRED
FOR CONSTRUCTION OF ROADWAY AND RELATED
IMPROVEMENTS FOR THE WHIPPOORWILL LANE AND
MARBELLA LAKES DRIVE CONNECTION (PROJECT NO.
60219)
December 8, 2020
Page 280
Item #16A32
CHANGE ORDER #15 TO CONTRACT #11-5626 “ONE
HUNDRED (100) YEAR FLOOD ELEVATIONS FOR FIVE (5)
BASINS IN COLLIER COUNTY” PROJECT WITH TOMASELLO
CONSULTING ENGINEERS, INC., (TCE) IN THE AMOUNT OF
$88,000 FOR THE RETROACTIVE AND ONGOING UPDATE OF
THE FEDERAL EMERGENCY MANAGEMENT AGENCY
(FEMA) DIGITAL FLOOD INSURANCE RATE MAP (DFIRM)
AND EXTEND THE TIME OF COMPLETION BY AN
ADDITIONAL 365 DAYS
Item #16A33
THE FINAL RANKING OF DESIGN-BUILD FIRMS AND TO
COMMENCE NEGOTIATIONS WITH THE TOP-RANKED
TEAM, QUALITY ENTERPRISES USA, INC./AGNOLI BARBER
& BRUNDAGE, INC., FOR REQUEST FOR PROFESSIONAL
SERVICES (“RPS”) NO. 20-7735, DESIGN-BUILD
WHIPPOORWILL LANE MARBELLA LAKES DRIVE
CONNECTION. (PROJECT NO. 60219)
Item #16A34
AWARD REQUEST FOR PROFESSIONAL SERVICES (“RPS”)
NO. 19-7663R, “NAPLES MANOR STORMWATER
IMPROVEMENTS PRELIMINARY ENGINEERING STUDY”
(PROJECT NO. 33649) TO KISINGER CAMPO & ASSOCIATES,
CORP., D/B/A KCA, IN AN AMOUNT NOT TO EXCEED
$79,927, AND AUTHORIZE THE CHAIRMAN TO SIGN THE
AGREEMENT
December 8, 2020
Page 281
Item #16A35
HEARING TWO LAND DEVELOPMENT CODE AMENDMENTS
AT TWO REGULARLY SCHEDULED DAYTIME HEARINGS
AND WAIVE THE NIGHTTIME HEARING REQUIREMENT –
AS DETAILED IN THE EXECUTIVE SUMMARY
Item #16A36
AWARD AGREEMENT NO. 20-7795R, DESIGN CRITERIA FOR
TIGER IX GRANT PROJECT (IMMOKALEE COMPLETE
STREETS), TO CAPITAL CONSULTING SOLUTIONS, LLC FOR
$728,814.50, AND AUTHORIZE THE CHAIRMAN TO SIGN THE
AGREEMENT AND APPROVE THE NECESSARY BUDGET
AMENDMENTS (PROJECT NO. 33563)
Item #16A37
RESOLUTION 2020-220: AMENDING RESOLUTION 2009-302,
AS AMENDED, RELATING TO THE STEWARDSHIP SENDING
AREA WITH A DESIGNATION AS “BCI/BCP/SI SSA 13”;
APPROVING THE EXTENSION OF CERTAIN DATES TO
DECEMBER 15, 2022, IN THE STEWARDSHIP SENDING AREA
CREDIT AGREEMENT FOR BCI/BCP/SI SSA 13 AND THE
ESCROW AGREEMENT FOR BCI/BCP/SI SSA 13
Item #16A38
AWARD AGREEMENT NO. 20-7713, PERTAINING TO
REQUEST FOR PROFESSIONAL SERVICES (“RPS”) NO. 20-
December 8, 2020
Page 282
7713, "ENGINEERING DESIGN SERVICES FOR LAKE
TRAFFORD STORMWATER IMPROVEMENTS AND WATER
TREATMENT FACILITY,” TO GHD SERVICES, INC., IN THE
AMOUNT OF $753,646.88, AND APPROVE REQUIRED
BUDGET AMENDMENTS. (PROJECT NO. 60143)
Item #16A39
RELEASE OF TWO CODE ENFORCEMENT LIENS, WITH AN
ACCRUED VALUE OF $431,700.23 FOR PAYMENT OF
$46,270.60 IN THE CODE ENFORCEMENT ACTIONS TITLED,
BOARD OF COUNTY COMMISSIONERS V. IRIS LABRIE,
RELATING TO PROPERTY LOCATED AT 266 6TH ST W.,
COLLIER COUNTY, FLORIDA – FOR VARIOUS CODE
VIOLATIONS THAT WERE ABAITED BY THE NEW OWNER
ON SEPTEMBER 2, 2020
Item #16A40
THE SUBMISSION OF A SAFE ROUTES TO SCHOOL (SRTS)
APPLICATION WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION TO FUND THE DESIGN AND
CONSTRUCTION OF A SIDEWALK ALONG 31ST PL. SW, 31ST
AVE. SW, 45TH ST. SW, AND 44TH TER. SW TO LAVERN
GAYNOR ELEMENTARY SCHOOL, IN THE AMOUNT OF
$923,364.38 – IN THE GOLDEN GATE CITY AREA
Item #16A41
RELEASE OF A CODE ENFORCEMENT LIEN, WITH AN
ACCRUED VALUE OF $421,130.29 FOR PAYMENT OF $2,000
December 8, 2020
Page 283
IN THE CODE ENFORCEMENT ACTION TITLED BOARD OF
COUNTY COMMISSIONERS V. PAUL A. AND CATHLEEN T.
BURCKY, RELATING TO PROPERTY LOCATED AT 4425
NORTH ROAD, COLLIER COUNTY, FLORIDA – FOR A CODE
VIOLATION THAT WAS BROUGHT INTO COMPLIANCE ON
AUGUST 3, 2020
Item #16A42
PARTIAL RELEASE OF A CODE ENFORCEMENT LIEN WITH
AN ACCRUED VALUE OF $212,426.17, FOR PAYMENT OF
$3,500, IN THE CODE ENFORCEMENT ACTION ENTITLED
BOARD OF COUNTY COMMISSIONERS V. JEFFREY
GALLUCCI, DEBORAH L. GALLUCCI AND MARY P.
STEVENS, CODE ENFORCEMENT BOARD CASE NO.
CESD20140006864, RELATING TO PROPERTIES KNOWN AS
41 HENDERSON DR. AND 3 CREEK CIR., COLLIER COUNTY,
FLORIDA
Item #16A43
RELEASE OF TWO CODE ENFORCEMENT LIENS, WITH AN
ACCRUED VALUE OF $192,250, FOR PAYMENT OF $3,800 IN
THE CODE ENFORCEMENT ACTION TITLED, BOARD OF
COUNTY COMMISSIONERS V. GEORGE J. SORBARA AND
JENNIFER TARVIN SORBARA, RELATED TO PROPERTY
LOCATED AT 151 BURNING TREE DRIVE, COLLIER
COUNTY, FLORIDA – FOR VARIOUS CODE VIOLATIONS
THAT WERE ABAITED ON JULY 3, 2019 BY THE NEW
OWNER
December 8, 2020
Page 284
Item #16A44 – Continued to the January12, 2021 BCC Meeting (Per
Commissioner McDaniel during Agenda Changes)
RECOMMENDATION TO AWARD AGREEMENT NO. 20-7710
TO ATKINS NORTH AMERICA, INC., PERTAINING TO
REQUEST FOR PROFESSIONAL SERVICES (“RPS”) NO. 20-
7710, “SURVEYING AND MAPPING, ENVIRONMENTAL
EVALUATION, AND PRELIMINARY ENGINEERING DESIGN
FOR RESTORATION OF PLANTATION ISLAND
WATERWAYS,” IN THE AMOUNT OF $423,404
Item #16A45
THE CLERK OF COURTS TO RELEASE A PERFORMANCE
BOND IN THE AMOUNT OF $94,500 WHICH WAS POSTED AS
A GUARANTY FOR EXCAVATION PERMIT NUMBER
PL20180003067 FOR WORK ASSOCIATED WITH
COUNTRYSIDE GOLF & COUNTRY CLUB
Item #16A46
MAINTENANCE OF THE BRIDGE OVER THE COCAHATCHEE
CANAL AND CONNECTED ROADWAY AT LOGAN
BOULEVARD & IMMOKALEE ROAD, AS DEPICTED ON THE
ATTACHED MAP, FOR THE PERPETUAL USE BY THE
PUBLIC – BRIDGE #034191
Item #16A47
DEVELOPER AGREEMENT WITH WPPI NAPLES TF LLC AND
TBC TREE FARM I, LLC THAT WILL ALLOW FOR THE
December 8, 2020
Page 285
DESIGN, RIGHT-OF-WAY AND CONSTRUCTION OF
INTERSECTION IMPROVEMENTS ON COLLIER BOULEVARD
EXTENSION AT THE FUTURE GOVERNMENT CENTER
COMPLEX/TREE FARM PLANNED UNIT DEVELOPMENT
ENTRANCE AND COST SHARING AND REIMBURSEMENT
PLAN
Item #16A48
FINAL PLAT OF CITY GATE COMMERCE PARK PHASE
THREE REPLAT NO. 4, PL20200002078, APPROVAL OF THE
STANDARD FORM CONSTRUCTION AND MAINTENANCE
AGREEMENT AND APPROVAL OF THE AMOUNT OF THE
PERFORMANCE SECURITY – W/STIPULATIONS
Item #16A49 – Moved from Item #17A (Per Agenda Change Sheet)
RESOLUTION 2020-221: PETITION PL20200001888, TO
DISCLAIM, RENOUNCE AND VACATE THE COUNTY,
COLLIER COUNTY WATER-SEWER DISTRICT, AND THE
PUBLIC INTEREST IN A PORTION OF THE UTILITY
EASEMENT, AS RECORDED IN OFFICIAL RECORD BOOK
5653, PAGE 2811 OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA, LOCATED IN THE NORTHEAST
QUADRANT OF IMMOKALEE ROAD (C.R. 846) AND COLLIER
BOULEVARD (C.R. 951) IN SECTION 23, TOWNSHIP 48
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA
Item #16B1
A FOUR-MONTH EXTENSION OF THE PROJECT
December 8, 2020
Page 286
COMPLETION DATE SET FORTH IN THE COMMERCIAL
BUILDING IMPROVEMENT GRANT (CBIG) AGREEMENT
BETWEEN THE CRA AND KURGIS 1996 IRREVOCABLE
TRUST FOR THE PROPERTY LOCATED AT 6023 BAYSHORE
DRIVE, NAPLES, FLORIDA 34112 LOCATED WITHIN THE
BAYSHORE GATEWAY TRIANGLE COMMUNITY
REDEVELOPMENT AREA
Item #16C1
THE EASEMENT AGREEMENT WITH DH SQUARED
PROPERTIES, LLC, A FLORIDA LIMITED LIABILITY
COMPANY, AT A COST NOT TO EXCEED $3,000 FOR THE
ACQUISITION OF A UTILITY EASEMENT FOR PROPOSED
WATER AND WASTEWATER INFRASTRUCTURE
IMPROVEMENTS, (PROJECT NO. 70240)
Item #16C2
RESOLUTION 2020-222: REMOVING UNCOLLECTIBLE
ACCOUNTS RECEIVABLE AND THEIR RESPECTIVE
BALANCES FROM THE FINANCIAL RECORDS OF COLLIER
COUNTY PUBLIC UTILITIES DEPARTMENT IN
THE AMOUNT OF $11,314.91
Item #16C3
AWARD INVITATION TO BID (“ITB”) NO. 20-7774,
LIVINGSTON RD 24” FORCE MAIN – PHASE 6B-C, TO PWC
JOINT VENTURE, LLC, FOR A TOTAL CONTRACT AMOUNT
OF $889,000, AND AUTHORIZE THE CHAIRMAN TO SIGN
December 8, 2020
Page 287
THE AGREEMENT, (PROJECT NO. 72009)
Item #16C4
AWARD OF REQUEST FOR QUOTE (“RFQ”) NO. 20-7734, FOR
ANSWERING SERVICE, TO ANSAFONE CONTACT CENTERS,
LLC
Item #16C5
AMENDMENTS TO CONTRACT NO. 14-6213,
“UNDERGROUND UTILITY CONTRACTING,” REQUESTING
APPROVAL FOR A SIX-MONTH EXTENSION TO CONTRACTS
WITH QUALITY ENTERPRISES USA, INC., KYLE
CONSTRUCTION, INC., SOUTHWEST UTILITY SYSTEMS,
INC., DOUGLAS N. HIGGINS, INC., HASKINS INC., AND
MITCHELL & STARK CONSTRUCTION CO., INC.
Item #16C6
THE SELECTION COMMITTEE’S RANKING AND AUTHORIZE
STAFF TO BEGIN CONTRACT NEGOTIATIONS WITH THE
TOP RANKED FIRM ADG ARCHITECTURE, LLC,
CONCERNING REQUEST FOR PROFESSIONAL SERVICES
(“RPS”) #20-7749, “DESIGN SERVICES FOR THE DOMESTIC
ANIMAL SERVICES FACILITY,” SO A PROPOSED
AGREEMENT CAN BE BROUGHT BACK FOR THE BOARD’S
CONSIDERATION AT A FUTURE MEETING
Item #16C7
December 8, 2020
Page 288
CHANGE ORDER NUMBER ONE (1) TO REQUEST FOR
QUOTATION #20-8109, “GOVERNMENT OPERATIONS
BUSINESS PARK (GOBP) FILL MANAGEMENT,” UNDER
AGREEMENT NO. 19-7525, ANNUAL AGREEMENT FOR
GENERAL CONTRACTOR SERVICES FOR $155,991.76 TO THE
PURCHASE ORDER
Item #16C8
CHANGE ORDER NUMBER TWO TO THE “COLLIER COUNTY
JAIL (J1) KITCHEN REPLACEMENT AND SAFETY
UPGRADES” INVITATION TO BID NO. 20-7696-ST, WITH SDP,
INC. D/B/A SDPCONSULTANTS CORP., TO EXTEND THE
CONSTRUCTION AGREEMENT’S TIME BY SIXTY (60) DAYS
Item #16C9
A $486,230 WORK ORDER UNDER A REQUEST FOR
QUOTATION FOR CONTRACT #14-6213 TO DOUGLAS N.
HIGGINS, INC., AND TO AUTHORIZE THE NECESSARY
BUDGET AMENDMENT, FOR THE SOUTH COUNTY
REGIONAL WATER TREATMENT PLANT CHLORINE
STORAGE BUILDING IMPROVEMENTS (PROJECT #70136)
Item #16C10
THE COUNTY’S STANDARD DONATION AGREEMENT WITH
A PROVISION ALLOWING FOR THE PAYMENT OF
ATTORNEY’S FEES TO REVIEW THE ASSOCIATED
STANDARD FORM EASEMENT DOCUMENTS PERTAINING
TO THE DONATION OF ADDITIONAL EASEMENT AREA FOR
December 8, 2020
Page 289
PUMP STATION 309.08
Item #16C11
RESOLUTION 2020-223: A COLLIER COUNTY STANDARD
FORM LONG-TERM LEASE NOT-FOR-PROFIT ENTITY WITH
COLLIER COUNTY SENIOR RESOURCE CENTER, INC.
Item #16C12
A FIFTH AMENDMENT TO AGREEMENT WITH GC II, LLC,
TO EXTEND THE CLOSING DATE FROM DECEMBER 1, 2020
TO MAY 17, 2021, FOR THE PURCHASE OF 1.75 ACRES
PREVIOUSLY APPROVED TO PROVIDE ADDITIONAL
PARKING AT COLLIER COUNTY SPORTS COMPLEX AND
EVENT CENTER AT A COST NOT TO EXCEED $415,800
Item #16C13
A SECOND AMENDMENT TO LEASE AGREEMENT WITH
ALPERT TOWER, LLC, TO REFLECT THE CHANGES TO
COUNTY-OWNED EQUIPMENT ON THE TOWER, AND FOR
THE CONTINUED PRESENCE ON THE COMMUNICATIONS
TOWER FOR THE PUBLIC SAFETY RADIO SYSTEM
Item #16C14
THE INSOURCING OF PROJECT CONSTRUCTION
MANAGEMENT AND FIELD OBSERVATION SERVICES
(PCM&FO), WITH PROJECTED SAVINGS OF $7.2 MILLION,
BY ELIMINATING FOUR (4) CONTRACTED POSITIONS,
December 8, 2020
Page 290
CREATING NINE (9) FULL-TIME EQUIVALENT POSITIONS,
PURCHASING FOUR (4) VEHICLES AND ANCILLARY
EQUIPMENT, AND TO AUTHORIZE ANY NECESSARY
BUDGET AMENDMENTS
Item #16D1
THE CONSERVATION COLLIER LOGAN WOODS PRESERVE
FINAL MANAGEMENT PLAN 10-YEAR UPDATE UNDER THE
CONSERVATION COLLIER PROGRAM
Item #16D2
THE RED ROOT PRESERVE FINAL MANAGEMENT PLAN 10-
YEAR UPDATE UNDER THE CONSERVATION COLLIER
PROGRAM
Item #16D3
THE ALLIGATOR FLAG PRESERVE FINAL MANAGEMENT
PLAN 10-YEAR UPDATE UNDER THE CONSERVATION
COLLIER PROGRAM
Item #16D4
A MEMORANDUM OF UNDERSTANDING BETWEEN
COLLIER COUNTY AND CYPRESS COVE LANDKEEPERS,
INC., REGARDING THE DR. ROBERT H. GORE III PRESERVE
UNDER THE CONSERVATION COLLIER PROGRAM
Item #16D5
December 8, 2020
Page 291
THE CONSERVATION COLLIER COCOHATCHEE CREEK
PRESERVE FINAL MANAGEMENT PLAN 10-YEAR UPDATE
UNDER THE CONSERVATION COLLIER PROGRAM
Item #16D6
THE FOURTH EXTENSION OF THE INTERIM MANAGEMENT
PLAN FOR THE CONSERVATION COLLIER WINCHESTER
HEAD MULTIPARCEL PROJECT - FOR TWO ADDITIONAL
YEARS
Item #16D7
AN “AFTER-THE-FACT” AMENDMENT AND AN
ATTESTATION STATEMENT WITH AREA AGENCY ON
AGING FOR SOUTHWEST FLORIDA, INC., FOR THE
EMERGENCY HOME ENERGY ASSISTANCE PROGRAM TO
AMEND AND INCREASE THE COMBINED ENERGY CRISIS
BENEFIT ASSISTANCE AMOUNT TO $3,500 AND REVISE THE
ATTACHMENTS TO CONFORM TO THIS AMENDMENT
Item #16D8
THE ELECTRONIC SUBMITTAL OF A PARTNERS FOR FISH
AND WILDLIFE PROGRAM LANDOWNER GRANT
PROPOSAL FOR $15,000 TO THE U.S. FISH AND WILDLIFE
SERVICE FOR FISH AND WILDLIFE HABITAT RESTORATION
AT MCILVANE MARSH PRESERVE
Item #16D9
December 8, 2020
Page 292
FIVE (5) MORTGAGE SATISFACTIONS FOR THE STATE
HOUSING INITIATIVES PARTNERSHIP LOAN PROGRAM IN
THE AMOUNT OF $76,521 AND THE ASSOCIATED BUDGET
AMENDMENT – TWO LOCATED IN IMMOKALEE AND
THREE LOCATED IN NAPLES
Item #16D10
RESOLUTION 2020-224: THE COLLIER COUNTY
CONSOLIDATED ANNUAL PERFORMANCE AND
EVALUATION REPORT FOR U.S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT FOR COMMUNITY
DEVELOPMENT BLOCK GRANT, HOME INVESTMENT
PARTNERSHIP, AND EMERGENCY SOLUTIONS GRANT FOR
FISCAL YEAR 2019-2020 AS REQUIRED; APPROVE THE
CONSOLIDATED ANNUAL PERFORMANCE AND
EVALUATION REPORT RESOLUTION, AND AUTHORIZE THE
CHAIRMAN TO CERTIFY THE CONSOLIDATED ANNUAL
PERFORMANCE AND EVALUATION REPORT FOR
SUBMISSION TO U.S. DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
Item #16D11
TWO (2) BUDGET AMENDMENTS RECOGNIZING STATE
HOUSING INITIATIVES PARTNERSHIP PROGRAM INCOME,
$7,414.89 FOR PROGRAM YEAR 2019/2020 AND $31,900.90
FOR PROGRAM YEAR 2020/2021
Item #16D12
December 8, 2020
Page 293
THE COLLIER AREA TRANSIT PARK AND RIDE STUDY
Item #16D13
THE COLLIER COUNTY PARKS AND RECREATION DIVISION
FOR EARNING THEIR FOURTH NATIONAL RECREATION
AND PARK ASSOCIATION ACCREDITATION IN PARKS AND
RECREATION AS PART OF THE COMMISSION FOR
ACCREDITATION OF PARK AND RECREATION AGENCIES
Item #16D14
BUDGET AMENDMENTS TO REFLECT THE ESTIMATED
FUNDING FOR CALENDAR YEAR 2021 OLDER AMERICANS
ACT PROGRAMS IN THE AMOUNT OF $1,294,873.94 AND
THE ESTIMATED CASH MATCH OF $104,406.23. THE
VENDOR ALSO PROVIDES AN ESTIMATED MATCH IN THE
AMOUNT OF $33,721.03
Item #16D15
RESOLUTION 2020-225 (5310), RESOLUTION 2020-226 (5311),
& RESOLUTION 2020-227 (5339): THE SUBMISSION OF
GRANT APPLICATIONS TO THE FLORIDA DEPARTMENT OF
TRANSPORTATION FOR THE FEDERAL TRANSIT
ADMINISTRATION PROGRAMS 5310, 5311, AND 5339 RURAL
FOR FY2021/2022 AND APPROVE THE ASSOCIATED
RESOLUTIONS TO SUPPORT TRANSIT OPERATIONS AND
SYSTEM CAPITAL IMPROVEMENTS
December 8, 2020
Page 294
Item #16D16
WAIVING THE REQUIREMENT THAT SERVICES BE
UNDUPLICATED AND ALLOW THE FULL FINAL
QUARTERLY PAYMENT TO THE DAVID LAWRENCE
CENTER FOR FY20 DUE TO UNFORESEEN COVID IMPACTS
RESULTING IN A DECREASE IN UNDUPLICATED CLIENT
SERVED AND REDUCED PREVENTION UNITS PROVIDED
Item #16D17
BUDGET AMENDMENTS TO ALIGN PERSONAL SERVICES
COSTS IN THE PROPER FUNDS AND COST CENTERS
WITHIN THE PUBLIC SERVICES DEPARTMENT BUDGET
FOLLOWING A COUNTY MANAGER APPROVED INTERNAL
RE-ORGANIZATION
Item #16D18
WAIVING THE FORMAL APPLICATION PROCESS FOR
FUNDING AND ACTIVITIES RELATED TO COVID-19 CDBG-
CV ROUND 3 ACTIVITIES FOR THOSE IMPACTED BY THE
CORONAVIRUS PANDEMIC AND MAKE CONDITIONAL
AWARDS TO FUND A PERMANENT FOOD STORAGE
FACILITY FOR ST. MATTHEW’S HOUSE TO OPERATE A
FOOD BANK IN THE AMOUNT OF $1,000,000, AND FUND A
COVID CASE MANAGEMENT SYSTEM FOR COLLIER
HEALTH SERVICES, INC., IN THE AMOUNT OF $950,000
Item #16E1
December 8, 2020
Page 295
AN AMENDMENT THE GROUP HEALTH PLAN TO PERMIT
NEW MEMBERS TO BE ENROLLED IN THE PREMIUM
COVERAGE LEVEL AS OF THE FIRST DAY OF COVERAGE
ELIGIBILITY
Item #16E2
AWARD INVITATION TO BID (ITB) NO. 20-7759R “CLOSED
CAPTIONING SERVICES,” TO AZUR CART & CAPTIONING,
LLC.
Item #16E3
ADMINISTRATIVE REPORT PREPARED BY THE
PROCUREMENT SERVICES DIVISION FOR DISPOSAL OF
PROPERTY AND NOTIFICATION OF REVENUE
DISBURSEMENT
Item #16E4
ADMINISTRATIVE REPORTS PREPARED BY THE
PROCUREMENT SERVICES DIVISION FOR CHANGE ORDERS
AND OTHER CONTRACTUAL MODIFICATIONS REQUIRING
BOARD APPROVAL
Item #16E5
AWARD INVITATION TO BID ("ITB") #20-7780, “FLEET
VEHICLE AND EQUIPMENT MAINTENANCE AND REPAIR
SERVICES,” TO ETR, LLC., AND DOBBS EQUIPMENT, LLC.
December 8, 2020
Page 296
Item #16E6
AWARD INVITATION TO BID (“ITB”) NO. 20-7813 FOR THE
PURCHASE OF A BOX TRUCK WITH LIFTGATE IN THE
AMOUNT OF $85,793
Item #16F1
TOURIST DEVELOPMENT TAX FUNDS FOR THE CLAM PASS
MAINTENANCE EXCAVATION PROJECT IN THE AMOUNT
OF $123,149.40 FOR CONSTRUCTION AND ASSOCIATED
ENGINEERING, SURVEYING, MONITORING, AND
PERMITTING, AND MAKE A FINDING THAT THIS ITEM
PROMOTES TOURISM
Item #16F2
RESOLUTION 2020-228: AMENDMENTS (APPROPRIATING
GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE
PROCEEDS) TO THE FY 20-21 ADOPTED BUDGET
Item #16F3
AWARD REQUEST FOR PROPOSAL (“RFP”) NO. 19-7648,
“INTERNAL CONTROL SOFTWARE,” TO COMENSURE LLC,
FORMERLY KNOWN AS IGNITE SOFTWARE HOLDINGS
LLC, AND AUTHORIZE THE CHAIRMAN TO SIGN THE
AGREEMENT
Item #16G1
December 8, 2020
Page 297
RESOLUTION 2020-229: APPROVING THE PROPOSED RATE
SCHEDULES FOR THE EVERGLADES AIRPARK,
IMMOKALEE REGIONAL AIRPORT AND MARCO ISLAND
EXECUTIVE AIRPORT FOR 2021
Item #16G2
A BUDGET AMENDMENT TO TRANSFER $61,000 WITHIN
AIRPORT OPERATING FUND (495) FROM RESERVES TO
MARCO ISLAND EXECUTIVE AIRPORT COST CENTER
(192370) TO ACQUIRE AIRPORT EQUIPMENT
Item #16H1
THE COUNTY ATTORNEY TO ADVERTISE AND BRING
BACK FOR A PUBLIC HEARING AN ORDINANCE RE-
ESTABLISHING THE COUNTY GOVERNMENT
PRODUCTIVITY COMMITTEE
Item #16H2
PROCLAMATION RECOGNIZING THE ROYAL SEAFARER
CONDOMINIUM APARTMENTS OF MARCO ISLAND, INC. 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 PATTY BURKE, PROPERTY MANAGER OF THE ROYAL
SEAFARER
December 8, 2020
Page 298
Item #16H3
PROCLAMATION DESIGNATING JANUARY 9 - 17, 2021 AS
KINDNESS AWARENESS WEEK IN COLLIER COUNTY. THE
PROCLAMATION WILL BE HAND DELIVERED TO BOB
VOTRUBA, ORGANIZER OF THE ANNUAL "ONE MILLION
ACTS OF KINDNESS" CAMPAIGN
Item #16H4
PROCLAMATION - RECOGNIZING THE INFRASTRUCTURE
SURTAX CITIZEN OVERSIGHT COMMITTEES
CONTRIBUTION TO TRANSPARENCY; THROUGH THEIR
REVIEW OF THE EXPENDITURES AND USE OF
INFRASTRUCTURE SALES SURTAX REVENUE
Item #16I1
MISCELLANEOUS CORRESPONDENCE
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
December 8, 2020
1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED:
A. DISTRICTS:
1) Big Cypress Stewardship District:
FY2020-2021 Meeting Schedule
2) Naples Heritage Community Development District:
Meeting Agenda 05/05/2020
Meeting Minutes 05/05/2020
3) Winding Cypress Community Development District:
FY2020-2021 Meeting Schedule
B. OTHER:
1) Letter from Sheriff Kevin Rambosk to Chairman Saunders:
Letter dated October 30, 2020, received from Sheriff Kevin Rambosk
regarding FY2019/2020 Surplus Funds
December 8, 2020
Page 299
Item #16J1
REPORT TO THE BOARD REGARDING THE INVESTMENT OF
COUNTY FUNDS AS OF THE QUARTER ENDED SEPTEMBER
30, 2020
Item #16J2
THE CLERK’S REPORT INDICATING NO INTEREST PAID
PURSUANT TO FLORIDA STATUTE 218.78 FOR THE FISCAL
YEAR ENDED SEPTEMBER 30, 2020
Item #16J3
BOARD RATIFICATION OF THE PURCHASING CARD
TRANSACTIONS AND INVOICES PAYABLE APPROVED AND
DETERMINED TO HAVE A VALID PUBLIC PURPOSE BY THE
COUNTY MANAGER DURING THE BOARD’S SCHEDULED
RECESS. (IN ABSENTIA MEETING DATED NOVEMBER 24,
2020)
Item #16J4
BOARD RATIFICATION AND RECORDING 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 OCTOBER 29, 2020 AND NOVEMBER 11, 2020
PURSUANT TO FLORIDA STATUTE 136.06 THAT WERE
APPROVED BY THE COUNTY MANAGER DURING THE
December 8, 2020
Page 300
BOARD’S SCHEDULED RECESS. (IN ABSENTIA MEETING
DATED NOVEMBER 24, 2020)
Item #16J5
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 NOVEMBER 12, 2020 AND
NOVEMBER 25, 2020 PURSUANT TO FLORIDA STATUTE
136.06
Item #16J6
DETERMINING A VALID PUBLIC PURPOSE FOR INVOICES
PAYABLE AND PURCHASING CARD TRANSACTIONS AS OF
DECEMBER 2, 2020
Item #16K1
RESOLUTION 2020-230: APPOINTING JARED GRIFONI
REPRESENTING THE CITY OF MARCO ISLAND TO THE
TOURIST DEVELOPMENT COUNCIL WITH TERM EXPIRING
ON APRIL 21, 2024
Item #16K2
RESOLUTION 2020-231: RE-APPOINTING WILLIAM VARIAN,
DAVID DUNNAVANT, MARK MCLEAN, ROBERT MULHERE
December 8, 2020
Page 301
AND JEREMY STERK, ALL WITH TERMS EXPIRING ON
DECEMBER 14, 2024
Item #16K3
RESOLUTION 2020-232: RE-APPOINTING ERNEST
BRETZMANN AND CECILIA ZENTI BOTH WITH TERMS
EXPIRING ON DECEMBER 31, 2023
Item #16K4
RESOLUTION 2020-233: RE-APPOINTING JOY WHITE,
MARJORIE HALL GAGNON BOTH WITH TERMS EXPRING
ON DECEMBER 31, 2024
Item #16K5
A SATISFACTION AND RELEASE OF CLAIM
ACKNOWLEDGING FULL PAYMENT FOR WATER AND
SEWER SERVICES IN THE AMOUNT OF $170.20 FOR FILING
WITH THE PROBATE DIVISION – LOCATED AT 4151 SAINT
GEORGE LANE
Item #16K6
A PARTIAL SETTLEMENT AGREEMENT IN THE LAWSUIT
PENDING AS BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA V. CERTAIN UNDERWRITERS
AT LLOYD’S OF LONDON, ET AL; CASE NO. 18-CA-2727
NOW PENDING IN THE 20TH JUDICIAL CIRCUIT IN COLLIER
COUNTY, WHEREBY THE COUNTY WILL RECEIVE
December 8, 2020
Page 302
$2,425,000 TO SETTLE ITS CLAIMS AGAINST THE INSURER
DEFENDANTS
Item #16K7
A SETTLEMENT AGREEMENT IN THE LAWSUIT STYLED
NICK COLARIC V. COLLIER COUNTY BOARD OF
COMMISSIONERS, (CASE NO. 19-CA-4253), NOW PENDING
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL
CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA, FOR
THE SUM OF $9,000
Item #17A – Moved to Item #16A49 (Per Agenda Change Sheet)
Item #17B
RESOLUTION 2020-234: AMENDMENTS (APPROPRIATING
CARRY FORWARD, TRANSFERS AND SUPPLEMENTAL
REVENUE) TO THE FISCAL YEAR 20-21 ADOPTED BUDGET
Item #17C
ORDINANCE 2020-47: AMENDING ORDINANCE NO. 2002-52,
AS AMENDED, WHICH ESTABLISHED THE IMMOKALEE
BEAUTIFICATION ADVISORY COMMITTEE, TO INCREASE
THE NUMBER OF SEATS FROM FIVE TO SEVEN MEMBERS
AND FURTHER DEFINE MEMBERSHIP REQUIREMENTS
Item #17D
ORDINANCE 2020-48: REPLACING ORDINANCE 2015-36, AS
December 8, 2020
Page 303
AMENDED, THAT FORMALLY ADOPTS THE FLORIDA
BUILDING CODE, SEVENTH EDITION (2020), ADDS CERTAIN
LOCAL EXCEPTIONS AND AMENDMENTS TO THE FLORIDA
BUILDING CODE, AND INCORPORATES CURRENT LOCAL
WIND ZONE MAPS
Item #17E
RESOLUTION 2020-235: DESIGNATING THE CLOSE-OUT OF
THE ADOPTED NAPOLI VILLAGE COMMERCIAL PLANNED
UNIT DEVELOPMENT (CPUD) WHICH HAS FULLY
COMPLETED DEVELOPMENT PURSUANT TO ITS
DEVELOPMENT ORDERS CONSTRUCTING UP TO THE
AUTHORIZED DENSITY AND/OR INTENSITY AND HAS
BEEN FOUND BY COUNTY STAFF TO BE COMPLIANT WITH
ITS SPECIFIC DEVELOPER COMMITMENTS
Item #17F
ORDINANCE 2020-49: AMENDING COLLIER COUNTY
ORDINANCE NO. 2006-56, THE ROCK ROAD IMPROVEMENT
MUNICIPAL SERVICE TAXING UNIT (MSTU), TO AMEND
THE GEOGRAPHICAL BOUNDARIES OF THE MSTU TO
REMOVE PROPERTIES THAT HAVE BEEN SUBDIVIDED AND
DEVELOPED INTO A RESIDENTIAL COMMUNITY AND NO
LONGER DERIVE BENEFIT FROM THE MSTU
December 8, 2020
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 6:30 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS CONTROL
PENNY T YLO , CHAIRMAN
ATTEST
CRYSTAL'K. KINZEL, CLERK
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These minutes approve by the Board on t ta) , as
presented or as corrected
TRANSCRIPT PREPARED ON BEHALF OF FORT MYERS
COURT REPORTING BY TERRI LEWIS, FPR, COURT
REPORTER AND NOTARY PUBLIC.
Page 304