BCC Minutes 01/12/2021 RJanuary 12, 2021
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TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, January 12, 2021
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: Penny Taylor
William L. McDaniel, Jr.
Andy Solis
Rick LoCastro
Burt L. Saunders
ALSO PRESENT:
Leo Ochs, County Manager
Daniel Rodriguez, Deputy County Manager
Jeffrey A. Klatzkow, County Attorney
Crystal K. Kinzel, Clerk of the Circuit Court & Comptroller
Troy Miller, Communications & Customer Relations
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January 12, 2021
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
January 12, 2021
9:00 AM
Commissioner Penny Taylor, District 4 – Chair
Commissioner William L. McDaniel, Jr., District 5 – Vice Chair
Commissioner Rick LoCastro, District 1
Commissioner Andy Solis, District 2
Commissioner Burt Saunders, District 3
NOTICE: ALL PERSONS WISHING TO SPEAK ON AGENDA ITEMS MUST
REGISTER PRIOR TO PRESENTATION OF THE AGENDA ITEM TO BE
ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE
(3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN.
REQUESTS TO PETITION THE BOARD ON SUBJECTS WHICH ARE NOT ON
THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION
TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF
THE MEETING AND WILL BE HEARD UNDER “PUBLIC PETITIONS.”
PUBLIC PETITIONS ARE LIMITED TO THE PRESENTER, WITH A
MAXIMUM TIME OF TEN MINUTES.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD
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January 12, 2021
WILL NEED A RECORD OF THE PROCEEDING PERTAINING THERETO,
AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
COLLIER COUNTY ORDINANCE NO. 2003-53 AS AMENDED BY
ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS
SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING
BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY
COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE
BOARD MINUTES AND RECORDS DEPARTMENT.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,
YOU ARE ENTITLED, AT NO COST TO YOU, THE PROVISION OF CERTAIN
ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES
MANAGEMENT DIVISION LOCATED AT 3335 EAST TAMIAMI TRAIL,
SUITE 1, NAPLES, FLORIDA, 34112-5356, (239) 252-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN
THE FACILITIES MANAGEMENT DIVISION.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Reverend Craig Goodrich, First Presbyterian Church of Naples
2. AGENDA AND MINUTES
A. Approval of today's regular, consent and summary agenda as amended (ex
parte disclosure provided by commission members for consent agenda.)
B. Recommendation that the Board appoint its members to the Community
Redevelopment Agency, the Tourist Development Board, the Community
and Economic Development Board, the Public Safety Coordinating Council,
and the Southwest Florida Regional Planning Council, and to authorize the
new Chairs for both the Board of County Commissioners and the
Community Redevelopment Agency to execute all documents approved at
both this meeting and those documents which were previously approved but
are pending signature.
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C. December 8, 2020 BCC Meeting Minutes
D. December 15, 2020 BCC/Mental Health Workshop Meeting Minutes
E. December 15, 2020 BCC/Special Meeting Minutes
3. AWARDS AND RECOGNITIONS
A. EMPLOYEE
B. ADVISORY BOARD MEMBERS
C. RETIREES
D. EMPLOYEE OF THE MONTH
4. PROCLAMATIONS
5. PRESENTATIONS
6. PUBLIC PETITIONS
7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT
OR FUTURE AGENDA
8. BOARD OF ZONING APPEALS
9. ADVERTISED PUBLIC HEARINGS
A. This item requires all participants be sworn in and ex parte disclosure
be provided by Commission members. 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 an additional 102.49+ acres of land from the Rural
Agricultural (A), Rural Agricultural with Special Treatment Overlay (A-ST),
Residential Single Family (RSF-3), and Residential Single Family with
Special Treatment Overlay (RSF-3-ST) Districts to the Sabal Bay Mixed
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Use Planned Unit Development (MPUD) District; and to amend the PUD
Document and Master Plan to add 102.49+ acres designated as Tract R9 for
residential development; to add 230 dwelling units for a total of 2,229
dwelling units in the MPUD; to revise the master plan and conceptual water
management plan; and to add a master site plan for the R9 Tract. The subject
property is located south of Thomasson Drive, south and west of U.S. 41,
north and west of the Wentworth PUD, and east of the Naples Bay
Intracoastal Waterway in Section 23, 24, 25, 26 and 36, Township 50 South,
Range 25 East, and Section 19, Township 50 South, Range 26 East, Collier
County, Florida, consisting of 2,518.98± acres; and providing an effective
date. [PL20190002305] (District 4)
10. BOARD OF COUNTY COMMISSIONERS
Added (Per Agenda Change Sheet)
A. To hear the report of the BCC Subcommittee for County Manager Hiring.
11. COUNTY MANAGER'S REPORT
A. Recommendation to award Agreement No. 20-7728, CEI Services for
Veterans Memorial Boulevard Extension - Phase I and Phase II (Veterans
Memorial Boulevard from Old 41 Road to the intersection with Livingston
Road); to Hardesty & Hanover Construction Services, LLC, for Phase I
($1,177,236), and Phase II ($937,213.35) for an overall total cost of
$2,131,949.35 and approve necessary budget amendments (County Project
No. 60198). (Jay Ahmad, Director, Transportation Engineering) (District 2)
B. Recommendation to award Invitation to Bid (“ITB”) No. 20-7804,
“Janitorial Services,” to Zone 1: Clean Space, Inc., as Primary Vendor, and
United States Service Industries, Inc., d/b/a USSI as Secondary Vendor;
Zone 2: Clean Space, Inc., as Primary Vendor, and American Facility
Services, Inc., as Secondary Vendor; and for Zones 3, 4, 5 and 6: Clean
Space, Inc., as Primary Vendor, and High Sources, Inc., as Secondary
Vendor., for Countywide janitorial cleaning and services. The proposed total
annual base contract amount for FY21 is $1,077,810. (Damon Grant,
Facilities Management Director) (All Districts)
C. Recommendation to establish a Board policy position regarding the potential
expansion of the Big Cypress Basin (BCB) boundary within the South
Florida Water Management District (District) based upon the recent filing of
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Senate Bill 406 for consideration by the Florida Legislature. (John Mullins,
Government Affairs Manager, County Manager's Office) (All Districts)
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY AIRPORT
A. COMMUNITY REDEVELOPMENT AGENCY
1) Recommendation that the Board of County Commissioners, acting as
the Community Redevelopment Agency Board, consider providing an
economic incentive to P6NT, LLC for the redevelopment of two
parcels located in the Bayshore Gateway Triangle Community
Redevelopment Area. (District 4)
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
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16. CONSENT AGENDA - All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of each
item. If discussion is desired by a member of the Board, that item(s) will be removed
from the Consent Agenda and considered separately.
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A. GROWTH MANAGEMENT DEPARTMENT
1) 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 minor final plat of 3500 Corporate Plaza - 2,
Application Number PL20200001616. (This is a companion item to
Agenda Item 16.C.1. Both items must be either approved or denied
together on today’s agenda.) (District 4)
2) Recommendation to approve final acceptance of the potable water and
sewer facilities for Arthrex Hotel and Wellness Center,
PL20190002113, accept the conveyance of a portion of the potable
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water, and authorize the County Manager, or his designee, to release
the Utilities Performance Security (UPS) and Final Obligation Bond
in the total amount of $20,956.11 to the Project Engineer or the
Developer’s designated agent. (District 2)
3) Recommendation to approve final acceptance of the potable water and
sewer facilities for The Springs at Hammock Cove Apartments -
Phase 1, PL20190000742, accept the conveyance of a portion of the
potable water and 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 $106,783.57 to the
Project Engineer or the Developer’s designated agent. (District 4)
4) 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 Ferrari of Naples – Onsite Utilities,
PL20200001701. (District 2)
5) Recommendation to approve final acceptance of the water utility
facilities for Olympia Park – Lotus Gun Works, PL20150000482, and
authorize the County Manager, or his designee, to release the Utilities
Performance Security (UPS) and Final Obligation Bond in the total
amount of $5,443.50 to the Project Engineer or the Developer’s
designated agent. (District 2)
6) Recommendation to approve final acceptance of the sewer utility
facilities for Grey Oaks Maintenance Facility, PL20160000617, and
authorize the County Manager, or his designee, to release the Utilities
Performance Security (UPS) and Final Obligation Bond in the total
amount of $4,885.81 to the Project Engineer or the Developer’s
designated agent. (District 4)
7) Recommendation to approve final acceptance of the water utility
facilities for Olde Naples Self Storage Phase Two, AR-
6466/PL20110002059, and authorize the County Manager, or his
designee, to release the Utilities Performance Security (UPS) and
Final Obligation Bond in the total amount of $8,934 to the Project
Engineer or the Developer’s designated agent. (District 2)
8) Recommendation to approve final acceptance of the sewer facilities
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and accept the conveyance of the sewer facilities for Allen Storage,
PL20200001855. (District 2)
9) Recommendation to approve final acceptance and accept the
conveyance of the potable water and sewer utility facilities for Isles of
Collier Preserve Phase 11B, PL20190001827 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)
10) Recommendation to approve final acceptance of the sewer utility
facilities for LaMorada, Calusa Pines Force Main, PL20160000575,
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 5)
11) Recommendation to approve final acceptance of the sewer utility
facilities for Bay House Restaurant Force Main, PL20130000134, and
authorize the County Manager, or his designee, to release the Utilities
Performance Security (UPS) and Final Obligation Bond in the total
amount of $4,223.86 to the Project Engineer or the Developer’s
designated agent. (District 2)
12) 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 Keiser University – Naples Campus,
PL20200002069. (District 1)
13) Recommendation to approve final acceptance of the potable water and
sewer utility facilities for Players Club and Spa Expansion,
PL20130000623 and PL20140000153, and authorize the County
Manager, or his designee, to release the Utilities Performance Security
(UPS) and Final Obligation Bond in the total amount of $10,583.88 to
the Project Engineer or the Developer’s designated agent. (District 1)
14) Recommendation to approve final acceptance of the potable water and
sewer facilities for Pineapple House at Sapphire Lakes Assisted
Living Facility, PL20190002281, accept the conveyance of a portion
of the potable water facilities, and authorize the County Manager, or
his designee, to release the Utilities Performance Security (UPS) and
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Final Obligation Bond in the total amount of $24,333.15 to the Project
Engineer or the Developer’s designated agent. (District 3)
15) Recommendation to approve final acceptance and accept the
conveyance of the potable water and sewer utility facilities for Isles of
Collier Preserve Phase 12C, PL20190001933 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 4)
16) Recommendation to approve final acceptance of the potable water and
sewer utility facilities for Price Street Plaza - Phase 2 (WAWA),
PL20190002184, 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)
17) Recommendation to approve a Resolution for final acceptance of the
private roadway and drainage improvements for the final plat of
Buckley Parcel, Application Number PL20150002371, and authorize
the release of the maintenance security. (District 2)
18) Recommendation to approve a Resolution for final acceptance of the
private roadway and drainage improvements for the final plat of
LaMorada, Application Number PL20140001720, and authorize the
release of the maintenance security. (District 5)
19) Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of $19,545.24 which was posted as a
guaranty for site work associated with the Offices at Hammock Cove,
AR-9354/PL20120001826. (District 4)
20) Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of $25,000 which was posted as a
guaranty for Excavation Permit Number PL20190001641 for work
associated with Career Pathway Learning Lab. (District 5)
21) Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of $49,368 which was posted as a
guaranty for Excavation Permit Number PL20190000553 for work
associated with Edge 75 by Watermark. (District 3)
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22) Recommendation to approve the release of a code enforcement lien
with a value of $301,600 for payment of $450 in the code
enforcement actions entitled Board of County Commissioners v.
James A. and Julia M. Askey Code Enforcement Board Case No.
CESD20100008859 relating to property located at 7920 Friendship
Lane, Collier County, Florida. (District 5)
23) Recommendation to award Invitation to Bid (ITB) No. 19-7607S,
"Traffic Operations Signal Components & Hardware," to the
following vendors: Florida All Battery Systems LLC, Multicom, Inc.,
Temple Inc., Traffic Signal Inc., Transportation Control Systems Inc.,
Transportation Solutions & Lighting, Inc., and Wavetronix Utah LLC.
(All Districts)
24) Recommendation to approve and execute a Transportation Post
Project Maintenance Agreement between the Florida Department of
Transportation (F.D.O.T.) and Collier County for the maintenance of
the previously realigned canal (B-2) at the Pine Ridge Road
Interchange and authorize the Chairman to sign the Resolution and
execute the agreement. (District 3)
25) Recommendation to approve Change Order #2 to Contract #14-6213-
135, Work Order/Purchase Order 4500203996, Goodlette Road West
Bank Pilot Project, to Quality Enterprises USA, Inc., in the amount of
$159,743.70, for the Goodlette Road West Bank Stabilization - Pilot
Project and authorize necessary budget amendments. (Project No.
50186). (District 4)
26) Recommendation to award Contract No. 20-7768 to Earth Tech
Environmental, LLC, pertaining to Request for Professional Services
(“RPS”) No. 20-7768, “Collier County Comprehensive Watershed
Improvement Project (CWIP) Monitoring Services,” in the amount of
$722,230. (All Districts)
27) Recommendation to reinstate Subgrant Agreement No. H0309 and
approve the Modification to Subgrant Agreement No. H0309 with the
Florida Division of Emergency Management to extend Subgrant
Agreement No. H0309 to October 31, 2021, and approve an
Amendment revising the Effective Date to Professional Services
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Agreement No. 20-7678 with Agnoli Barber & Brundage, Inc.,
approved by the Board on November 10, 2020 for the Solana Road
Drainage Project (Project No. 60102). (District 4)
28) Recommendation to award Agreement No. 20-7677 to Atkins North
America, Inc., pertaining to Request for Professional Services
(“RPS”) No. 20-7677, “Upper Gordon River Storm Water Weir
Replacement Design” in the amount of $489,827.92, approve all
necessary budget amendments, and approve the Modification to
Agreement No. H0379 with the Florida Division of Emergency
Management to reinstate and extend the agreement to November 30,
2021. (Project No. 60102) (District 4)
29) Recommendation to approve a $645,540 work order under a Request
for Quotation (“RFQ”) under Contract No. 14-6213 to Douglas N.
Higgins, Inc., for the Griffin Road Area Stormwater Improvement
Project (GRASIP) Phase 1 stormwater improvements. (Project No.
60196.2) (District 1)
30) This item was continued from the December 8, 2020 BCC
meeting. 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)
31) Recommendation to approve unilateral Change Order #3R.3 to
Agreement No. 18-7322, “West Goodlette Frank Road Area Joint
Stormwater-Sewer Project” with WPM-Southern, LLC in the amount
of $374,149.77 utilizing the project’s available contingencies funding.
(Project #60142.3) (District 4)
32) Recommendation to approve and authorize the Chairman to execute
Change Order No. 1 to Agreements No. 19C02, 19CO3 and 20CO1
with the Florida Department of Environmental Protection (FDEP)
Bureau of Beaches and Coastal Systems Beach Management Funding
Assistance Program for Collier County state-approved work and make
a finding that this item promotes tourism. These Change Orders will
move already allocated funding between existing tasks and the total
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funding amount for these agreements will remain the same. (All
Districts)
33) Recommendation to repeal and replace Resolution 2020-219 by
adopting 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)
B. COMMUNITY REDEVELOPMENT AGENCY
C. PUBLIC UTILITIES DEPARTMENT
1) Recommendation to approve a Donation Agreement that allows
Marco Espinar to donate a 2.50-acre parcel along with a management
endowment of $11,840, to the Conservation Collier Land Acquisition
Program under the offsite vegetation retention provision of the Land
Development Code LDC Sec 3.05.07H.1.f.vi. (b), at no cost to the
County, and authorize the Chairman to sign the Donation Agreement
and staff to take all necessary actions to close. (This is a companion
item to Agenda Item #16A1. Both items must be either approved or
denied together on today’s agenda.) (All Districts)
2) Recommendation to award Request for Proposal (“RFP”) No. 20-
7765, “Roofing Preventative Maintenance and Remedial Repairs,” to
Advanced Roofing, Inc., as the primary vendor and Crowther Roofing
and Sheet Meal of Florida, Inc., as the secondary vendor.
(All Districts)
3) Recommendation to approve a Resolution and Satisfactions of Lien
for the 1991, 1992, 1993, 1994, and 1996 Solid Waste Collection and
Disposal Services Special Assessments where the county has received
payment in full satisfaction of the liens. (All Districts)
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4) Recommendation to approve a Temporary Revocable License
Agreement with Big Joe BBQ, LLC, to utilize the snack bar at the
Main Government Center campus. (All Districts)
5) Recommendation to sell certain County owned real properties
pursuant to the provisions of Section 125.379, Florida Statutes. Such
properties were approved as surplus by the Board of County
Commissioners on September 22, 2020, under Agenda Item #16C7.
(District 1, District 4, District 5)
6) Recommendation to authorize a budget amendment for the Facilities
Management Division in the amount of $ 6,500,000 to fund two (2)
Infrastructure Sales Surtax Projects under the following categories:
HVAC, Roofing, and Capital Equipment Replacement at Sheriff’s and
County Facilities. (Projects #50221 and #50184). (All Districts)
7) Recommendation to award Request for Quotation (“RFQ”) No. 2010-
027, “Collier County DIW Leachate Storage Tanks Project,” under
Agreement No. 19-7525, Annual Agreement for General Contractor
Services, to EBL Partners, LLC in the amount of $569,835.20 (Project
No. 70219.4). (District 1)
8) Recommendation to approve an Agreement for Sale and Purchase for
10 acres of unimproved property located within the Rural Fringe
Mixed Use District interior to the County owned HHH Ranch
property in an amount not to exceed $113,000. (District 5)
D. PUBLIC SERVICES DEPARTMENT
1) Recommendation to appoint James C. French, Public Services
Department Head, to execute the Federal Transit Administration’s
(FTA) annual certifications and assurances for Board approved grants
and grant applications through the FTA’s Transit Award Management
System (TrAMS) system. (All Districts)
2) Recommendation to approve Agreement No. 21-008-NS for the
purchase of an extended one-year Warranty for Collier Area Transit’s
existing Intelligent Transportation System (ITS) with Avail
Technologies, Inc., in the amount of $71,694.18 utilizing federal
transit grant funding to provide continuous vendor support while
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completing the solicitation for a replacement ITS system. (All
Districts)
3) Recommendation to approve a resolution authorizing the County
Manager or his designee to: 1) complete and sign all documents and
2) take all actions necessary to accept a $350,000 distribution and any
future distributions to Collier County for use by Domestic Animal
Services from the Sharol A. Murphy Revocable Trust and to approve
any necessary Budget Amendments. (All Districts)
4) Recommendation that the Board extends an exemption to Section
5.05.05 of the Collier County Land Development Code for the
“Cover-Up, Collier!” signage to continue to be posted through the end
of any mask mandate at previously designated locations throughout
Unincorporated Collier County by the Florida Department of Health
in Collier County. (All Districts)
5) Recommendation to approve and authorize the chairman to sign one
(1) mortgage satisfaction for the State Housing Initiatives Partnership
loan program in the amount of $20,000 and authorize the associated
Budget Amendment. (All Districts)
6) Recommendation to approve and authorize the chairman to sign one
(1) Satisfaction of Mortgage for the Community Development Block
Grant loan program in the amount of $17,560.17 for an owner-
occupied dwelling unit that has satisfied the terms of the affordability
period. (All Districts)
7) Recommendation to approve an “After-the-Fact” fourth amendment
and attestation statement with the Area Agency on Aging for
Southwest Florida, Inc., CARES Act funding under the Older
American Act grant program for the Collier County Services for
Seniors to add services to CA3E and revise Attachment VII CARES
Budget and Rate Summary. (All Districts)
8) Recommendation to ratify the execution by the County Manager and
award Request for Proposal No. 20-7801, “Construction Manager at
Risk (CMAR)” to A2 Group, Inc., (A2), for pre-construction services
for Sun-N-Fun Waterpark Restoration and Renovation Project in the
amount of $50,617.42. (District 1)
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9) Recommendation to approve the electronic submittal of the 2019/2020
Federal Highway Administration Flexible Funds Grant Award
(Section 5307) in the amount of $250,000 in the Transit Award
Management System for Americans with Disabilities Act
improvements to existing bus stops throughout Collier County and
authorize the necessary Budget Amendment. (All Districts)
10) Recommendation to approve a Resolution and execute the FY21-22
Public Transportation Grant Agreement (PTGA) with the Florida
Department of Transportation (FDOT) in the amount of $1,600,164
providing for State funding for eligible Collier County fixed-route
transit administrative, management, and operational expenses in the
amount of $800,082, approve a local match in the amount of
$800,082, and authorize the necessary Budget Amendments. (All
Districts)
E. ADMINISTRATIVE SERVICES DEPARTMENT
1) Recommendation to approve a single source waiver to Vic's Boot and
Shoe (DBA-Red Wing Shoe Store) for the purchase of protective
footwear. (All Districts)
2) Recommendation to approve the administrative report prepared by the
Procurement Services Division for disposal of property and
notification of revenue disbursement. (All Districts)
3) Recommendation to approve the administrative reports prepared by
the Procurement Services Division for change orders and other
contractual modifications requiring Board approval. (All Districts)
4) Recommendation to renew the annual Certificate of Public
Convenience and Necessity (COPCN) for non-emergency Class 2 –
Basic Life Support (BLS) to Care Med Transportation, L.L.C., for the
purpose of providing post-hospital and inter-facility medical
ambulance transfer services. (All Districts)
F. COUNTY MANAGER OPERATIONS
1) Recommendation to recognize Ivonne Garcia, Public Services
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January 12, 2021
Department, Community and Human Services as the November 2020
Employee of the Month. (All Districts)
2) Recommendation to approve a report covering two budget
amendments impacting reserves and moving funds in an amount up to
and including $25,000 and $50,000, respectively. (All Districts)
3) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the FY20-21 Adopted Budget. (All Districts)
4) Recommendation to approve the use of individual impact fee rates,
calculated for the proposed ULINE facility at City Gate, in
accordance with the provisions of Section 74-202(k) of the Collier
County Code of Laws and Ordinances. (All Districts)
G. AIRPORT AUTHORITY
1) Recommendation to approve the attached Collier County Airport
Authority Standard Form Lease Agreement with RTH Enterprise,
Inc., (Immokalee Regional Raceway) for International Hot Rod
Association (IHRA) sanctioned drag racing and related automotive
events at the Immokalee Regional Airport. (District 5)
H. BOARD OF COUNTY COMMISSIONERS
1) Proclamation designating January 15, 2021 as Dr. Martin Luther King
Jr. Prayer Breakfast Day in Collier County. The proclamation will be
mailed to Trinity Life Foundation Inc.
2) Proclamation designating January 18, 2021 as a day to remember and
celebrate Dr. Martin Luther King Jr.'s dream. The proclamation will
be hand delivered to Vincent Keeys, President of the Collier County
Branch of the NAACP.
3) Proclamation designating January 2021 as Human Trafficking
Awareness Month in Collier County. The proclamation will be mailed
to Linda Oberhaus, Chief Executive Officer, Shelter for Abused
Women & Children.
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I. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous Correspondence (All Districts)
J. OTHER CONSTITUTIONAL OFFICERS
1) 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 November 26, 2020 and
December 9, 2020 pursuant to Florida Statute 136.06 that were
approved by the County Manager during the Board’s scheduled
recess. (In Absentia Meeting dated December 22, 2020)
(All Districts)
2) 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 December 22, 2020) (All Districts)
3) To record in the minutes of the Board of County Commissioners, the
check number (or other payment method), amount, payee, and
purpose for which the referenced disbursements were drawn for the
periods between December 10, 2020 and December 30, 2020 pursuant
to Florida Statute 136.06. (All Districts)
4) Request that the Board approve and determine valid public purpose
for invoices payable and purchasing card transactions as of January 6,
2021. (All Districts)
K. COUNTY ATTORNEY
1) Recommendation to appoint a member to the Collier County Citizen
Corps. (All Districts)
2) Recommendation to approve a Joint Motion for Stipulated Order of
Taking and Final Judgment in the amount of $364,978, for the
acquisition of Parcel 00289600001FEE, including all statutory
attorney’s fees, expert fees, and costs, in the lawsuit styled Collier
County, Florida v. Kirk N. Sanders, et al., Case No. 20-CA-3450
Page 17
January 12, 2021
(Resource Recovery Business Park, Project No. 59007). (All Districts)
3) Recommendation to authorize the County Attorney’s Office to file a
civil action in Circuit Court in Collier County to recover damages
against Mammoth Constructors, LLC and any other parties
determined to be liable for damage to a County 24” wastewater force
main at the northwest corner of the intersection of Davis Boulevard
and County Barn Road while drilling a signal mast foundation shaft
for an FDOT Roadway Improvement Project. (All Districts)
4) Recommendation to appoint two members to the Ochopee Fire
Control District Advisory Committee (District 5)
------------------------------------------------------------------------------------------------------------
17. SUMMARY AGENDA - This section is for advertised public hearings and
must meet the following criteria: 1) A recommendation for approval from staff; 2)
Unanimous recommendation for approval by the Collier County Planning
Commission or other authorizing agencies of all members present and voting; 3) No
written or oral objections to the item received by staff, the Collier County Planning
Commission, other authorizing agencies or the Board, prior to the commencement
of the BCC meeting on which the items are scheduled to be heard; and 4) No
individuals are registered to speak in opposition to the item. For those items which
are quasi-judicial in nature, all participants must be sworn in.
------------------------------------------------------------------------------------------------------------
A. Recommendation to adopt a resolution approving amendments
(appropriating carry forward, transfers and supplemental revenue) to the
Fiscal Year 20-21 Adopted Budget. (All Districts)
B. 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
PL20200001556, to disclaim, renounce and vacate the County and the public
interest in a portion of the 50-foot drainage easement located in Tract B of
Marco Shores Unit One, as recorded in Plat Book 14, Page 33 of the public
records of Collier County, Florida, located in Section 26, Township 51
South, Range 26 East, Collier County, Florida and to accept Petitioner’s
grant of an additional drainage easement to replace the vacated drainage
easement. (District 1)
Page 18
January 12, 2021
C. This item is being continued to the January 26, 2021 BCC meeting. A
Resolution of the Board of County Commissioners proposing amendment to
the Collier County Growth Management Plan, Ordinance 89-05, as
amended, specifically amending the Future Land Use Element and map
series to create the NC Square Mixed-Use Overlay on land in the
Agricultural/Rural Designation and Rural Fringe Mixed Use District-
Receiving Lands Overlay to allow up to 44,400 square feet of commercial
uses, a 12,000 square foot daycare limited to 250 students, and a maximum
of 129 residential dwelling units and furthermore directing transmittal of the
amendment to the Florida Department Of Economic Opportunity. The
subject property is 24.4± acres and located at the southwest corner of
Immokalee Road and Catawba Street approximately 1.6 miles west of
Wilson Boulevard in Section 29, Township 49 South, Range 27 East, Collier
County, Florida. (Transmittal Hearing) (PL20180002233/CP-2019-1)
(District 5)
D. Recommendation to approve an Ordinance amending Ordinance Number
04-41, as amended, the Collier County Land Development Code and Zoning
Atlas, which includes the comprehensive land regulations for the
unincorporated area of Collier County, Florida, to create the Golden Gate
Parkway Overlay District (GGPOD) and eliminate the Golden Gate Parkway
Professional Office Commercial Overlay (GGPPOCO) and the Golden Gate
Downtown Center Commercial Overlay District (GGDCCO), and establish
uses, boundaries and design standards, by providing for: Section One,
Recitals; Section Two, Findings of Fact; Section Three, Adoption of
Amendments to the Land Development Code, more specifically amending
the following: Chapter One - General Provisions; Chapter Two - Zoning
Districts and Uses; Chapter 4 - Site Design and Development Standards;
Chapter Five - Supplemental Standards; and Chapter 10 - Application,
Review, and Decision- Making Procedures; Section Four, Conflict and
Severability; Section Five, inclusion in the Collier County Land
Development Code; and Section Six, Effective Date. (District 3)
E. 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 an Ordinance
amending Ordinance Number 05-46, the Bembridge Emergency Services
Complex Community Facility Planned Unit Development (CFPUD) and
Residential Planned Unit Development (RPUD), to redesignate 5.11± acres
of land from Tract A to Tract A-1; to increase the residential density from 6
Page 19
January 12, 2021
to 16 units/acre for a maximum of 82 residential units on Tract A-1, using
the affordable housing density bonus and to amend the master plan; and
providing an effective date; and to approve an Affordable Housing
Agreement. The subject property consists of 39.82± acres and is located east
of Santa Barbara Boulevard, north of Davis Boulevard (SR 84) in Section 4,
Township 50 South, Range 26 East, Collier County, Florida.
[PL20200000564] (District 3)
F. 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 a Resolution
amending Resolution No. 03-332, which established a conditional use for
earthmining, to expand the conditional use for earthmining pursuant to
Section 2.03.01.A.1.c.1 of the Collier County Land Development Code by
adding 231.73± acres and revising the conditions of approval for the
property located in the Agricultural (A) zoning district within the Mobile
Home Overlay (MHO) and the Rural Lands Stewardship Area Overlay
(RLSAO), for a total of 450.7± acres. The property is located on the west
side of SR 29 North, south of SR 82 in the Immokalee Planning Area in
Sections 18 And 19, Township 46 South Range 26 East, Collier County,
Florida. [PL20190000808] (District 5)
G. Recommendation to adopt an ordinance reestablishing the County
Government Productivity Committee. (All Districts)
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD’S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER’S OFFICE AT 252-8383.
January 12, 2021
Page 2
CHAIRMAN SAUNDERS: Good morning. The meeting of
the County Commission will please come to order.
We have with us this morning the Reverend Craig Goodrich,
First Presbyterian Church of Naples, to get us off to a good start, and
at the conclusion of that, Commissioner LoCastro, if you would lead
us in the Pledge.
Item #1A
INVOCATION GIVEN BY REVEREND CRAIG GOODRICH
FROM THE FIRST PRESBYTERIAN CHURCH OF NAPLES –
INVOCATION GIVEN
REVEREND GOODRICH: Let us bow our heads and pray.
Gracious God, at the beginning of this day and new year, we
thank you for the gift of another day, and we thank you for the good
gift of government in this, our board of county commissioners. We
thank you for these dedicated public servants who gather freely today
to seek the common good. We thank you for staff, for all who serve,
and for all who will present and speak this day.
As images of the violent rioting in Washington, D.C., on Capitol
Hill remain with us, we pray for protection for our leaders in
government at every level, and we thank you for faithful law
enforcement.
As the pandemic rages, we pray for all who are suffering, for
those who are grieving, and for those anxiously awaiting vaccination.
We pray the distribution and vaccination will proceed expeditiously
and fairly.
We thank you for the gift and our dedication to the truth and the
rule of law. We remember the psalmist who said, who shall dwell
on thy holy hill, the one who walks blamelessly and does what is
January 12, 2021
Page 3
right and speaks truth from his heart.
In these hours ahead in this room, we ask for listening grace, for
humility, for collaboration, and due diligence and attention to every
matter, and we ask that at the end of this day, despite all our flaws,
shortcomings that what is done here and what each of us does,
wherever we may go, will be pleasing to you, oh God of mercy,
grace, and love. This we pray in your holy name. Amen.
COMMISSIONER LoCASTRO: Face the flag.
(The Pledge of Allegiance was recited in unison.)
CHAIRMAN SAUNDERS: Before we go through the peaceful
transfer of chairmanship, we have a couple items to go through.
I want to first thank Arthrex for providing masks to the business
community. Mr. Ochs, I believe they provided 10,000 of these; is
that correct?
MR. OCHS: That is correct, sir. There's 8,000 going out to
businesses, and Arthrex also requested masks for all the county
employees, so we're doing that distribution as well.
CHAIRMAN SAUNDERS: All right. If you would, without
the objection of -- any objection from the Board, if you would thank
the folks of Arthrex for their consideration for this, that would be
appreciated.
MR. OCHS: Yes, sir. We also had one speaker registered on
our minutes before we get to that.
MR. MILLER: I think there was some confusion on the online
registration. We have several people -- three people that signed up
to speak on Item 2. We're going to sort them over to Item 7, sir.
CHAIRMAN SAUNDERS: Okay, good.
Item #2A
APPROVAL OF TODAY’S REGULAR, CONSENT AND
January 12, 2021
Page 4
SUMMARY AGENDA AS AMENDED (EX PARTE
DISCLOSURE PROVIDED BY COMMISSION MEMBERS FOR
CONSENT AGENDA.) - APPROVED AND/OR ADOPTED
W/CHANGES
All right. Then we need, on Item 2A, a motion for the approval
of the today's regular, consent, and summary agenda as amended.
MR. OCHS: Mr. Chairman?
CHAIRMAN SAUNDERS: We're going to be amending the
agenda, so let's go through that, and then we'll do the minutes. I'm
sorry. We'll do the --
MR. OCHS: Changes --
CHAIRMAN SAUNDERS: -- changes.
MR. OCHS: -- first. Thank you, sir.
The Arthrex mask does such a good job, I don't think you can
hear me, so I'm going to switch to the --
CHAIRMAN SAUNDERS: Yeah. I kind of came to the same
conclusion. It's a great mask to wear, but it's a difficult one to talk
through.
COMMISSIONER TAYLOR: Yep, it's true.
MR. OCHS: Yes, sir.
Let's go ahead with the proposed agenda changes for the Board
of County Commissioners' meeting of January 21st, 2021.
The first proposed change is to continue Item 9A to your next
board meeting on January 26th, 2021. This is the rezone petition for
the Sabal Bay Mixed-Use Planned Unit Development District.
That -- excuse me. That item is moved at Commissioner Taylor's
request.
The next proposed change is to add Item 10A to this morning's
agenda. This is an item added to the agenda by Commissioner
McDaniel reporting on the BCC subcommittee work for the County
January 12, 2021
Page 5
Manager hiring.
The next proposed change is to move Item 16F4 from your
consent agenda. It will now become Item 11D. This is a
recommendation from staff for the Board to adopt alternative impact
fee rates for the new Uline facility being constructed out in City Gate.
That move is made at Commissioner Taylor's request.
The next proposed change is to move Item 17G from your
summary agenda to move to Item 9B under your advertised public
hearings. This is an item, the second reading of an ordinance
re-establishing the County Government Productivity Committee.
That is being moved at Commissioner Taylor's request.
The next proposed change is to continue Item 17D from your
summary agenda to the February 23rd, 2021, County Commission
meeting. This is an ordinance establishing the new Golden Gate
Parkway Overlay District. That change is requested by
Commissioner Saunders.
And those are all the changes that I have, Mr. Chairman.
CHAIRMAN SAUNDERS: All right. Let's see if there are
any other changes from the Commission. Commissioner McDaniel,
do you have any other changes?
COMMISSIONER McDANIEL: No, as a matter of fact. I
had -- I had the same.
CHAIRMAN SAUNDERS: Any ex parte on the --
COMMISSIONER McDANIEL: Nor any ex parte.
CHAIRMAN SAUNDERS: Commissioner Taylor?
COMMISSIONER TAYLOR: Same; no ex parte, no changes.
CHAIRMAN SAUNDERS: Commissioner Solis?
COMMISSIONER SOLIS: No changes. I do have an ex parte
on 16 -- no, sorry, 17E. I have a couple of emails from a resident.
CHAIRMAN SAUNDERS: Okay.
COMMISSIONER SOLIS: Other than that, no changes and
January 12, 2021
Page 6
nothing else to disclose.
CHAIRMAN SAUNDERS: Commissioner LoCastro?
COMMISSIONER LoCASTRO: No ex parte and no changes.
If you would indulge me, though, I did want to make just one
comment. It's mostly to the staff who was listening who might be
out in the audience. We approve a lot of things quickly on the
consent and summary agenda, and for good reason, because a lot of
in-depth work's been done, and it comes to us and, you know, we
take it on face value.
But I would just say put as much detail as you can in there, and
it would definitely -- you know, I'll give you just one example here.
We're about to approve a quarter of a million dollars for the transit
company to beef up some bus stops and put them in -- make them
accessible to people with disabilities. I mean, that's a nice one -liner,
and a quarter of a million dollars is a lot of money. And granted, we
all can meet with the County Manager, and we do. We can get the
information and whatnot. But a one line in there saying where are
we doing it; how many are we buying?
And, you know, when I dug into it, there's 290 -- 296 bus stops
that don't meet the disability requirements or need additional type
things. Okay. How far does the quarter of a million dollars go?
Well, it only fixes 15 of them. So, the takeaway for all of us here
would be great, approved, but maybe it plants a seed in all of our
minds that, wow, we still have 260-plus that need attention.
And so rather -- you know, sometimes we do a very quick
blessing of all the things in the -- in the summary and the consent
agenda, but there could be a few little things buried in there that, if
we don't ask the question or whatnot, or maybe we don't have to,
where one little line could have said, here's what it buys.
Also, where are they? You know, are all these bus stops in Port
Royal, or they're spread out in areas where it's most needed. So just
January 12, 2021
Page 7
a point of comment.
And, secondly, Atkins North America gets a lot of business from
us. We write a lot of big checks to them and do a lot of great work.
But there's been a couple of projects where maybe, you know, that's
been lacking a little bit. So when I see their name in the consent
agenda and the summary agenda, and we're continuing to give them a
lot of business, you know, I'm not throwing them under the bus by
any means because I know they've done some great work but, you
know, it begs the question, you know, are we just defaulting to them
every single time? They're the only ones that have bid or, you know,
are they truly kicking it in gear, tightening up, you know, their
process? Did we have some lessons learned? So, you know, maybe
just some more general comments. But, you know, I have no
objections. I don't want to bring anything forward. It was just more
of a general statement.
MR. OCHS: Yes, sir. Thank you.
CHAIRMAN SAUNDERS: Well said.
I have no changes to the agenda and no ex parte.
So, we need a motion to approve the consent agenda and
summary agenda as amended.
COMMISSIONER TAYLOR: May I --
CHAIRMAN SAUNDERS: Oh, I'm sorry. Commissioner
Taylor.
COMMISSIONER TAYLOR: That's quite all right. May I
amend my ex parte with 17D, which is the Bembridge property. I
did have a discussion with a staff member. 17E, excuse me. I did
have a discussion.
CHAIRMAN SAUNDERS: Okay. That will be noted. All
right. We need a motion on the consent agenda.
COMMISSIONER SOLIS: So moved.
CHAIRMAN SAUNDERS: We need a second.
January 12, 2021
Page 8
COMMISSIONER LoCASTRO: 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: That passes unanimously.
CHAIRMAN SAUNDERS: We're going to switch the
chairmanship and, Commissioner Taylor, we can switch chairs during
the first break so you can over here to the middle.
COMMISSIONER TAYLOR: Oh. Where is this, now?
CHAIRMAN SAUNDERS: I'm sorry?
COMMISSIONER TAYLOR: I'm not sitting in the middle?
CHAIRMAN SAUNDERS: You will be after the first break,
unless you want to switch now, which is fine by me.
COMMISSIONER McDANIEL: Roll while we're all on TV.
COMMISSIONER TAYLOR: But before we do -- before we
go anywhere with that, it is the custom of the County Commission
and the county staff to award the outgoing Chair a plaque. And I can
clearly agree not all the time in terms of what was said, but here we
have an outstanding leadership as Chairman of the Board. And,
clearly, this year has been a challenging year. There's been no
rulebook. And you have guided us and been at the helm of very
stressful times.
CHAIRMAN SAUNDERS: Well, thank you.
COMMISSIONER TAYLOR: And I feel that you -- and I
think we would agree as a board that your leadership has made a
difference. Thank you very much.
COMMISSIONER McDANIEL: I agree with that.
January 12, 2021
Page 9
(Applause.)
COMMISSIONER McDANIEL: He doesn't want us.
COMMISSIONER TAYLOR: Then we better do it again,
because I was -- this is the photographer.
CHAIRMAN SAUNDERS: And we can let the record reflect
that I was smiling.
MR. OCHS: Oh, very nice.
CHAIRMAN SAUNDERS: I want to thank the Commission.
We passed an ordinance back in, I think, in October to deal with the
chairmanship to take all of the political intrigue out of that. So, we
have a rotation system. So, Commissioner Taylor will be taking
over as chair pursuant to that ordinance, and then subsequent to that,
Commissioner McDaniel will be the chair. So, we'll have that
rotation based on numbers of districts. And that, I think, makes for a
much easier and much more graceful change in the chairmanship.
I want to just take one second. I want to thank staff. It's been
a pleasure working with you as the Chair. We are blessed in this
community to have a really good professional staff, as well as the
staff that's in the field. So, you guys make our lives much, much,
much easier.
And I want to thank the Commission. It's been a difficult year
on some issues. We've disagreed, but we've never become
disagreeable in that, except for Commissioner McDaniel on one
occasion, and that will be forever remembered, but -- forgiven but
remembered.
COMMISSIONER McDANIEL: That's just my nature. That's
my nature.
CHAIRMAN SAUNDERS: But anyway, I appreciate the
opportunity that I've had to serve as your chair, and I will hand the
gavel over to Commissioner Taylor.
COMMISSIONER TAYLOR: Oh, thank you.
January 12, 2021
Page 10
CHAIRMAN SAUNDERS: And we'll switch seats during the
break.
CHAIRMAN TAYLOR: And you're going to have to pay
attention to who wants to talk. Oh, it just moves?
COMMISSIONER SOLIS: It's Bluetooth.
CHAIRMAN TAYLOR: I thought it was wired.
COMMISSIONER SOLIS: I would also like to thank
Commissioner Saunders for an incredible job. This has been the
most trying of times. I've told people that, you know, the hurricane
was easy compared to this. And to guide us through some very
contentious meetings full of emotion. You really did an outstanding
job, and I will say that I've learned a lot watching you do that, so
thank you for all your hard work and patience.
COMMISSIONER SAUNDERS: Thank you. I appreciate
that. Madam Chair.
CHAIRMAN TAYLOR: Oh, it's me.
COMMISSIONER SAUNDERS: You're on. I'm going to
relax here.
CHAIRMAN TAYLOR: County Manager?
Proposed Agenda Changes
Board of County Commissioners Meeting
January 12, 2021
Continue Item 9A to the January 26, 2021 BCC Meeting: This item requires all participants be
sworn in and ex parte disclosure be provided by Commission members. 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 an additional 102.49+ acres of land from the Rural
Agricultural (A), Rural Agricultural with Special Treatment Overlay (A-ST), Residential Single
Family (RSF-3), and Residential Single Family with Special Treatment Overlay (RSF-3-ST)
Districts to the Sabal Bay Mixed Use Planned Unit Development (MPUD) District; and to amend
the PUD Document and Master Plan to add 102.49+ acres designated as Tract R9 for residential
development; to add 230 dwelling units for a total of 2,229 dwelling units in the MPUD; to revise
the master plan and conceptual water management plan; and to add a master site plan for the R9
Tract. The subject property is located south of Thomasson Drive, south and west of U.S. 41, north
and west of the Wentworth PUD, and east of the Naples Bay Intracoastal Waterway in Section 23,
24, 25, 26 and 36, Township 50 South, Range 25 East, and Section 19, Township 50 South, Range
26 East, Collier County, Florida, consisting of 2,518.98± acres; and providing an effective date.
[PL20190002305] (Commissioner Taylor’s request)
Add-On Item 10A: To hear the report of the BCC Subcommittee for County Manager Hiring.
(Commissioner McDaniel’s request)
Move Item 16F4 to Item 11D: Recommendation to approve the use of individual impact fee rates,
calculated for the proposed ULINE facility at City Gate, in accordance with the provisions of
Section 74-202(k) of the Collier County Code of Laws and Ordinances. (Commissioner Taylor’s
request)
Move Item 17G to Item 9B: Recommendation to adopt an ordinance reestablishing the County
Government Productivity Committee. (Commissioner Taylor’s request)
Continue Item 17D to the February 23, 2021 BCC Meeting: Recommendation to approve an
Ordinance amending Ordinance Number 04-41, as amended, the Collier County Land
Development Code and Zoning Atlas, which includes the comprehensive land regulations for the
unincorporated area of Collier County, Florida, to create the Golden Gate Parkway Overlay
District (GGPOD) and eliminate the Golden Gate Parkway Professional Office Commercial
Overlay (GGPPOCO) and the Golden Gate Downtown Center Commercial Overlay District
(GGDCCO), and establish uses, boundaries and design standards, by providing for: Section One,
Recitals; Section Two, Findings of Fact; Section Three, Adoption of Amendments to the Land
Development Code, more specifically amending the following: Chapter One - General Provisions;
Chapter Two - Zoning Districts and Uses; Chapter 4 - Site Design and Development Standards;
Chapter Five - Supplemental Standards; and Chapter 10 - Application, Review, and Decision-
Making Procedures; Section Four, Conflict and Severability; Section Five, inclusion in the Collier
County Land Development Code; and Section Six, Effective Date. (Commissioner Saunders’
request)
1/26/2021 12:07 PM
January 12, 2021
Page 11
Item #2B
BOARD APPOINTMENTS TO THE COMMUNITY
REDEVELOPMENT AGENCY, THE TOURIST DEVELOPMENT
BOARD, THE COMMUNITY AND ECONOMIC
DEVELOPMENT BOARD, THE PUBLIC SAFETY
COORDINATING COUNCIL, AND THE SOUTHWEST
FLORIDA REGIONAL PLANNING COUNCIL, AND
AUTHORIZE THE NEW CHAIRS FOR BOTH THE BOARD OF
COUNTY COMMISSIONERS AND THE COMMUNITY
REDEVELOPMENT AGENCY TO EXECUTE ALL
DOCUMENTS APPROVED AT BOTH THIS MEETING AND
THOSE DOCUMENTS WHICH WERE PROVIOUSLY
APPROVED BY ARE PENDING SIGNATURE –
• APPOINTING COMMISSIONER TAYLOR AND
COMMISSIONER MCDANIEL TO CO-CHAIR THE
COMMUNITY REDEVELOPMENT AGENCY – APPROVED
• APPOINTING COMMISSIONER SOLIS TO THE TOURIST
DEVELOPMENT COUNCIL – APPROVED
• APPOINTING COMMISSIONER TAYLOR TO THE
ECONOMIC DEVELOPMENT BOARD – APPROVED
• APPOINTING COMMISSIONER LOCASTRO TO THE
PUBLIC SAFETY COODINATING COUNCIL – APPROVED
• APPOINTING COMMISSIONER MCDANIEL AND
COMMISSIONER LOCASTRO TO CO-CHAIR THE
SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL –
APPROVED
MR. OCHS: Madam Chair, we're moving now to Item 2B on
January 12, 2021
Page 12
this morning's agenda. This is the appointment of board members to
certain boards and commissions that the Board has established.
Beginning -- Madam Chair, what I'll do, with your permission, is just
read through all of these and then you can go back through them
individually and have your discussion about which board members
might have an interest in going where.
But you will be acting on the following items here with
appointments from board members. You have appointments to your
Community Redevelopment Agency, your Tourist Development
Board, the Community and Economic Development Board, your
Public Safety Coordinating Council, and the Southwest Florida
Regional Planning Council, all of -- and also, through this action, you
will be authorizing the new chair for both the County Commission
and the Community Redevelopment Agency to execute all documents
approved at these meetings or those that were previously approved
but are pending signature by the incoming chairman.
So, with that, ma'am.
CHAIRMAN TAYLOR: Okay. So --
MR. OCHS: Do you want to open the floor for nominations or
discussions?
CHAIRMAN TAYLOR: Now, it is our custom that the
commissioner of the district of where the CRA sits in -- and there are
two CRAs in Collier County -- automatically become the chair of that
CRA board, but --
COMMISSIONER McDANIEL: There's only a chair and a
vice chair, and Commissioner Taylor was the chair before, and I was
the vice chair.
CHAIRMAN TAYLOR: Commissioner Fiala.
COMMISSIONER McDANIEL: Excuse me, Taylor, yes.
MR. OCHS: Madam Chair, it might help the Board, let me just
go through the current roster, okay?
January 12, 2021
Page 13
CHAIRMAN TAYLOR: Yeah, if you would.
MR. OCHS: Commissioner McDaniel is correct that
Commissioner Fiala and Commissioner McDaniel served as co-chairs
to the Community Redevelopment Area, Commissioner Solis is
currently the appointment to the Tourist Development Council,
Commissioner Taylor is the current appointment to the Community
and Economic Development Board, Commissioner Saunders is the
current appointment to the Public Safety Coordinating Council, and
Commissioner McDaniel and Commissioner Taylor are serving on
the Southwest Florida Regional Planning Council.
CHAIRMAN TAYLOR: Okay. So, I think the first -- what
we'll take initially is the Community Redevelopment Agency, the
chair and the vice chair and --
MR. OCHS: Very good.
CHAIRMAN TAYLOR: Frankly, I'd like to nominate my
colleague, Commissioner McDaniel, to be the chair.
COMMISSIONER McDANIEL: Yep.
CHAIRMAN TAYLOR: And I'm wondering, is it so untoward
to perhaps have someone who isn't the chair of the individual CRA
being the vice chair, or is it better to have that continuity?
MR. OCHS: I think it's --
COMMISSIONER McDANIEL: My thought would be to have
the two commissioners that reign -- that are elected from the districts
where the CRAs actually exist.
CHAIRMAN TAYLOR: Okay.
COMMISSIONER McDANIEL: And I'd be happy to -- if
you'll amend your motion, that we co-chair those -- that position.
That way there --
CHAIRMAN TAYLOR: Okay. I'm comfortable with that.
COMMISSIONER McDANIEL: I mean, that's what we did
with Commissioner Fiala.
January 12, 2021
Page 14
COMMISSIONER SAUNDERS: Madam Chair, so the motion,
then, is for Commissioner McDaniel and Commissioner LoCastro to
be co-chairs.
COMMISSIONER McDANIEL: Commissioner Taylor.
MR. OCHS: Taylor.
COMMISSIONER SAUNDERS: Oh --
COMMISSIONER McDANIEL: Because the CRA Bayshore
is in District 4 now.
MR. OCHS: Yes.
COMMISSIONER SAUNDERS: Oh, I didn't know that. I'm
sorry.
COMMISSIONER McDANIEL: We ceremoniously kept
Commissioner Fiala in there because it was --
COMMISSIONER LoCASTRO: It was, right? It used to be.
COMMISSIONER McDANIEL: It was.
COMMISSIONER SAUNDERS: Then I'll second that motion.
CHAIRMAN TAYLOR: All right. We have a motion and a
second. All in favor, say aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN TAYLOR: Those opposed, like sign.
(No response.)
CHAIRMAN TAYLOR: It passes, okay.
So now we have the Community and Economic Development
Board.
COMMISSIONER McDANIEL: No, TDC.
CHAIRMAN TAYLOR: Oh, excuse me. The Tourist
Development board.
January 12, 2021
Page 15
COMMISSIONER McDANIEL: I'll help you.
CHAIRMAN TAYLOR: Thank you very much, yes.
COMMISSIONER SAUNDERS: Madam Chair, could I ask a
question? I think Commissioner Solis is the representative of that,
and I would assume that you would still want to continue serving on
that.
COMMISSIONER SOLIS: I would. I'd like to continue with
the TDC.
COMMISSIONER McDANIEL: Second.
COMMISSIONER SOLIS: I think I've gotten a feel for it.
CHAIRMAN TAYLOR: Yeah. There's nothing like
continuity. Yeah, that's good.
COMMISSIONER LoCASTRO: Is that a board where there's
just one commissioner, unlike the board that you both chair?
COMMISSIONER McDANIEL: Yes.
CHAIRMAN TAYLOR: Yeah. The board that we both chair
is this board, believe it or not.
COMMISSIONER LoCASTRO: Okay. The tourist board is
just represented by one commissioner?
CHAIRMAN TAYLOR: Yes, yeah.
COMMISSIONER SAUNDERS: Then I'll make that motion
for Commissioner Solis to continue to serve in his capacity on that
board.
CHAIRMAN TAYLOR: Second.
COMMISSIONER McDANIEL: Second.
CHAIRMAN TAYLOR: All right. We have a motion and
second. All those in favor, say aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
January 12, 2021
Page 16
COMMISSIONER McDANIEL: Aye.
CHAIRMAN TAYLOR: Opposed, like sign.
(No response.)
CHAIRMAN TAYLOR: That passes unanimously.
Okay. The Community and Economic Development Board,
which I'm chair. With your indulgence, I would like to remain chair
of that board.
COMMISSIONER SOLIS: I'd make that motion.
COMMISSIONER SAUNDERS: Second.
CHAIRMAN TAYLOR: We have a motion and a second. All
those in favor, say aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN TAYLOR: Those opposed, like sign.
(No response.)
CHAIRMAN TAYLOR: Carries unanimously. Thank you
very much.
Public Safety Coordinating Council. Perhaps we can talk about
what that is just briefly. We do have a new commissioner.
COMMISSIONER SAUNDERS: Well, I'm going to turn to the
manager to --
MR. OCHS: Sure.
COMMISSIONER SAUNDERS: -- kind of give a little bit of
an explanation of that. He'll have a little bit more detail than I most
likely would provide.
MR. OCHS: Yes, sir. This is a state statutorily required
committee in each county, and their job is primarily to try to develop
strategies to limit the populations in the jails and try to make for a
January 12, 2021
Page 17
more efficient criminal justice system in the county.
We've got a very active board led by Commissioner Saunders
and several members, including the Sheriff and members of the
judiciary. So, they meet probably quarterly to, again, look at those
types of strategies, review facility plans, and other programmatic
initiatives that will reduce recidivism and reduce our jail population,
look to diversion strategies to keep our jail population manageable.
Commissioner McDaniel, did I get that close?
COMMISSIONER McDANIEL: Spot on.
MR. OCHS: Okay.
COMMISSIONER McDANIEL: And since he called on me, if
I may --
MR. OCHS: Yeah, because he's been very active in the past.
COMMISSIONER McDANIEL: Yes. I enjoyed it.
COMMISSIONER SAUNDERS: Yeah. Before you make
that motion, I have no problem in continuing to serve on that. I
know -- Commissioner LoCastro, I don't know with your experience
if that would be something you'd want to serve on.
COMMISSIONER LoCASTRO: Well, what I wanted to ask
Mr. Ochs, the last commission, the Southwest Florida Regional
Planning Council, I mean, it's sort of a little bit self-explanatory, but
maybe not. Can you -- can you indulge a little bit and give a little bit
of a synopsis of that?
MR. OCHS: Yes, sir. Those are councils established, again,
by the governor and state statute. They were developed several
years ago when we still had the State Department of Community
Affairs. Their primary role is to, as the name implies, coordinate
planning activities at a regional level, particularly things like
transportation and water-quality issues where they cross political
boundaries. So, this group has been involved -- or this council has
been involved in a myriad of issues, including economic development
January 12, 2021
Page 18
initiatives in the rural portions of the county and transportation and
other planning initiatives at the regional level.
COMMISSIONER LoCASTRO: And that one typically has
two commissioners?
MR. OCHS: Yes. That's required to have two commissioners.
COMMISSIONER LoCASTRO: Okay.
CHAIRMAN TAYLOR: Mr. McDaniel.
COMMISSIONER McDANIEL: Commissioner. Yes, I'd like
to -- let's go back to the one -- before we jump to the next one, I'd like
to nominate Commissioner LoCastro to serve on the Public Safety
Coordinating Council.
COMMISSIONER SAUNDERS: And then my question to
Commissioner LoCastro, is that something that you'd want to serve
on?
COMMISSIONER LoCASTRO: Yes, yes.
COMMISSIONER SAUNDERS: Then I'll second that.
CHAIRMAN TAYLOR: All right. We have a motion on the
floor and a second. All those in favor, say aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN TAYLOR: Those opposed, like sign.
(No response.)
CHAIRMAN TAYLOR: It carries unanimously.
Congratulations --
COMMISSIONER LoCASTRO: Okay.
CHAIRMAN TAYLOR: -- Mr. LoCastro.
Southwest Florida Regional Planning Council. I have been part
of that for quite a long time. I will stay in touch, but I think it is time
January 12, 2021
Page 19
to pass the gavel.
COMMISSIONER McDANIEL: If I may, I lit up. I
don't -- are you going to stick on the buttons or --
CHAIRMAN TAYLOR: Yeah, I'm going to stick on the
buttons.
COMMISSIONER McDANIEL: Okay. I'd like to stay on the
RPC. I have plans in place to reinstitute, reorganize, rename,
rebrand. I've got all that. We had all that set up for the November
meeting, and when the governor didn't extend the capacity to attend
virtually, our ED didn't rent a space. Didn't -- because we closed the
RPC offices in Fort Myers. We had no conference room. We'd
been doing it virtually. And so, consequently, we didn't even have a
meeting in November.
And they've moved us off to, I believe, every 60 days or once a
quarter, actually. The RPC's only meeting once a quarter right now.
So I would -- if it is the preference here, I would really like to see
through that process to see if we can help that organization come
back to assist our communities in the regional aspect of what's going
on.
CHAIRMAN TAYLOR: Yeah, I would support that.
Commissioner LoCastro, you expressed interest.
COMMISSIONER LoCASTRO: I do. I mean, obviously, you
know, Commissioner Taylor's now the chair. She's got, you know,
two boards already, so I don't think I'm stepping on any toes or
anything. But I really would like to partner with Commissioner
McDaniel on this particular council, you know. I think I have a
depth as well in water and the utilities and the things that it sounds
like it obviously includes and, you know, we work very well together.
So, I think we would be a really good team to that council if
everybody agrees.
CHAIRMAN TAYLOR: Commissioner Saunders?
January 12, 2021
Page 20
COMMISSIONER SAUNDERS: Yeah. I'll make that
motion, then, for Commissioner McDaniel and Commissioner
LoCastro to represent the Commission on the Southwest Florida
Regional Planning Council.
COMMISSIONER SOLIS: I'll second.
CHAIRMAN TAYLOR: Okay. Motion on the floor and a
second. All those in favor, say aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN TAYLOR: Those opposed, like sign.
(No response.)
CHAIRMAN TAYLOR: It carries unanimously.
And, finally -- okay. We've got those. Okay. And so now I
have a little bit of a kerfuffle, if I may use that word. That's going to
be my word of the year.
COMMISSIONER McDANIEL: A what?
CHAIRMAN TAYLOR: A kerfuffle. Isn't that a wonderful
word? Meaning a little bit of a conflict.
I was graciously put on the AHAC board by my colleagues here,
but I do have a conflict of getting two middle school kids to school
on time. And we did talk about it at the first meeting but,
unfortunately, they really like at 8:30 on a Monday morning to meet
once a month and, unfortunately, that puts me coming into that
meeting at 9:00.
So I don't think it's fair, and I have expressed my concern, and I
also expressed that we do have a new commissioner, and maybe it
would be a good idea to have him immersed into affordable housing.
And this committee does, because it's mandated by the state, and
January 12, 2021
Page 21
there's seminars and webinars and all things that you have to partake
in.
So, Commissioner LoCastro, if you think you have an interest in
that, would you agree?
COMMISSIONER LoCASTRO: Absolutely, yeah. I
would -- I would, you know, volunteer enthusiastically, you know, to
be on that commission and be up bright and early and go to all the
meetings and report back to the team here as to what's going on
and -- absolutely, if nobody has any objection, I volunteer
wholeheartedly.
CHAIRMAN TAYLOR: Commissioner Solis, you --
COMMISSIONER SOLIS: I'm supportive.
CHAIRMAN TAYLOR: Oh, you're supportive, okay.
COMMISSIONER SOLIS: Absolutely.
CHAIRMAN TAYLOR: Commissioner Saunders?
COMMISSIONER SAUNDERS: I was just going to make the
motion to appoint Commissioner LoCastro.
COMMISSIONER McDANIEL: I'll second the motion to
formalize it.
CHAIRMAN TAYLOR: All right. We have a motion and a
second.
MR. OCHS: Madam Chair, I assume that's for a one-year term.
CHAIRMAN TAYLOR: Yes, yeah. And if you really like it,
it might be two. We're kind of easy up here. It's really -- but it's
really important to these committees to have some kind of continuity.
You start doing things and getting involved in issues, and sometimes
when it changes too quickly, everybody starts at the beginning again.
So -- okay. So, there's -- did we vote? I'm sorry. Did we vote
on --
COMMISSIONER SOLIS: No.
CHAIRMAN TAYLOR: On Commissioner LoCastro?
January 12, 2021
Page 22
COMMISSIONER SOLIS: Not yet.
CHAIRMAN TAYLOR: Okay. Commissioner Solis.
COMMISSIONER SOLIS: I was --
CHAIRMAN TAYLOR: Let's vote? Okay.
COMMISSIONER SOLIS: Yeah, let's vote, and then --
CHAIRMAN TAYLOR: Motion on the floor and a second.
All those in favor, say aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN TAYLOR: Those opposed, like sign.
(No response.)
CHAIRMAN TAYLOR: It carries unanimously. Thank you.
COMMISSIONER SOLIS: I just had a question. One of the
other boards that I serve on is the value -- I think Commissioner
Saunders is still on the Value Adjustment Board. Is that something
we do now, or do we do that later?
MR. OCHS: I think you do that later in the year, sir. It's a
separate item that we bring to you later in the summer.
COMMISSIONER McDANIEL: And we didn't bring it up
today specifically because you get to stay.
Item #2C, #2D and #2E
BCC MEETING MINUTES FROM DECEMBER 8, 2020,
BCC/MENTAL HEALTH WORKSHOP MEETING MINUTES
FROM DECEMBER 15, 2020 AND BCC/SPECIAL MEETING
MINUTES FROM DECEMBER 15, 2020 – APPROVED AS
PRESENTED
January 12, 2021
Page 23
MR. OCHS: Madam Chair, that moves us to Items 2C, D, and
E. These are approval of the December 8th, 2020, Board of County
Commissioner meeting minutes, the December 15th, 2020, BCC
Mental Health Workshop meeting minutes, and the December 15th,
2020, BCC Special Meeting minutes.
CHAIRMAN TAYLOR: Commissioner McDaniel.
COMMISSIONER McDANIEL: Yeah. Just before we jump,
there was one housekeeping item, and I don't want to -- I'm not being
that particular. But the last portion of B was to authorize the Chair
of the Board and these committees to conduct business accordingly,
and I don't know that -- do we need to have a specific motion on that,
or just appointing them does that?
MR. OCHS: Yes, sir.
COMMISSIONER McDANIEL: Okay. Then I'll make a
motion for approval of C, D, and E.
MR. OCHS: Thank you.
CHAIRMAN TAYLOR: There's a motion to approve the
minutes. Do I hear a second?
COMMISSIONER SOLIS: Second.
CHAIRMAN TAYLOR: All those in favor, say aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN TAYLOR: Those opposed, like sign.
(No response.)
CHAIRMAN TAYLOR: That carries unanimously. Thank
you.
MR. OCHS: Madam Chair, that -- excuse me. As is the
January 12, 2021
Page 24
Board's custom during the COVID pandemic, we have not been
inviting employees in for receipt of their Employee of the Month
award as well as citizens receiving proclamations, but we have
historically allowed me to read the Employee of the Month
recognition, and the -- at least the title of the proclamation recipient.
So, if you don't object, I'll do that right now.
CHAIRMAN TAYLOR: I think that's fine. Thank you.
Item #3A (Item #16F1 – Read into the record by County Manager
Ochs)
RECOGNIZING IVONNE GARCIA PUBLIS SERVICES
DEPARTMENT, COMMUNITY AND HUMAN SERVICES AS
THE NOVEMBER 2020 EMPLOYEE OF THE MONTH
MR. OCHS: So, this is Item 16F1 on this morning's consent
agenda. It's a recommendation to recognize Ivonne Garcia, Public
Services Department, Community and Human Services, as the
November 2020 Employee of the Month.
Ivonne is a case manager with our Services for Seniors
Department and has been with the county since 2016. She recently
assisted one of her senior clients, a 63-year-old single woman who
lived alone and suffered from numerous medical conditions including
COPD.
The client's air conditioning system was inoperable and could
not be repaired and, because of her financial situation, she had to stay
in her bedroom with a small window air conditioner to breathe
because she could not afford to replace the A/C unit.
Ivonne was able to work with a local vendor, Air Innovations of
Florida, Incorporated, who donated their labor and parts, and she also
worked to secure additional funding from the Golden Gate Senior
January 12, 2021
Page 25
Center, the Coalition of Florida Farmworkers, and from the
Emergency Home Energy Assistance for the Elderly Program to have
a brand-new air conditioning system installed for her senior client.
This was not an easy task and took a great deal of time, effort, and
coordination of services.
This shows that Ivonne is deeply committed to her customers
and truly went above and beyond for this client, which is why she is
so deserving of this recognition. And for those reasons and many
others, Commissioners, it's my honor to recognize Ivonne Garcia,
Public Services Department, as your November 2020 Employee of
the Month.
Congratulations, Yvonne.
(Applause.)
Item #4 (Items #16H1, #16H2 and #16H3 – Read into the record by
County Manager Ochs)
PROCLAMATION DESIGNATING JANUARY 15, 2021 AS DR.
LMARTIN LUTHER KING, JR. PRAYER BREAKFAST DAY IN
COLLIER COUNTY. THIS PROCLAMATION WILL BE MAILED
TO TRINITY LIFE FOUNDATION, INC. - ADOPTED
PROCLAMATION DESIGNATING JANUARY 18, 2021 AS A
DAY TO REMEMBER AND CELEBRATE DR. MARTIN
LUTHER KING, JR.’S DREAM. THIS PROCLAMATION WILL
BE HAND DELIVERED TO VINCENT KEEYS, PRESIDENT OF
THE COLLIER COUNTY BRANCH OF THE NAACP -
ADOPTED
PROCLAMATION DESIGNATING JANUARY 2021 AS HUMAN
TRAFFICKING AWARENESS MONTH IN COLLIER COUNTY.
January 12, 2021
Page 26
THE PROCLAMATION WILL BE MAILED TO LINDA
OBERHAUS, CHIEF EXECUTIVE OFFICER, SHELTER FOR
ABUSED WOMAN & CHILDREN - ADOPTED
MR. OCHS: Madam Chair, now we move to proclamations.
We have a series of proclamations that were approved on your
consent agenda this morning. I'd like to read the titles of those.
Item #16H1 - The first is Item 16H1. This is a proclamation
designating January 15th, 2020 [sic] as Dr. Martin Luther King, Jr.,
Prayer Breakfast Day in Collier County. This proclamation will be
mailed to the Trinity Life Foundation, Incorporated.
Item #16H2 - Item 16H2 is a proclamation designating
January 18, 2021, as a day to remember and celebrate Dr. Martin
Luther King, Junior's dream. The proclamation will be
hand-delivered to Mr. Vincent Keeys, who's in our audience today,
the President of the Collier County branch of the NAACP.
Mr. Keeys, it's an honor to see you here this morning. Thank
you for being here.
Item #16H3 - And, finally, Item 16H3 is a proclamation
designating January 2021 as Human Trafficking Awareness Month in
Collier County. This proclamation will be mailed to Linda
Oberhaus, the chief executive officer of the Shelter for Abused
Women and Children.
CHAIRMAN TAYLOR: Mr. Keeys, would you like to speak
to us regarding this proclamation? It's entirely up to you. We did
not talk about this in advance. Okay.
MR. KEEYS: For the sake of time, Madam Chair, we'd like to
actually say to the public, really, that we're so sorry that we could not
hold the parade this year. And, unfortunately, because of the
numbers rising so high, we have postponed until 2022. And so for
that reason alone, we apologize for not holding the parade. But we
January 12, 2021
Page 27
thank you tremendously for this proclamation. We appreciate it
tremendously. Thank you very much.
CHAIRMAN TAYLOR: You're welcome. Yeah, it's one of
my favorite parades to walk in. So we'll hold that day in our hearts.
MR. KEEYS: Yes.
CHAIRMAN TAYLOR: Thank you. County Manager.
Item #7
PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE
CURRENT OR FUTURE AGENDA
MR. OCHS: Yes, ma'am. We move to Item 7 this morning,
public comments on general topics not on the current or future
agenda.
MR. MILLER: Madam Chair, I have five people registered for
this item; four of them online, one in person. Let's start with the
in-person speaker. That is Garrett F.X. Beyrent, and Mr. Beyrent
will be followed by Mark English and Nora Alvarez, both online.
Mr. Beyrent.
MR. BEYRENT: Can you hear me through this? My name is
Garrett F.X. Beyrent. I'm doing a presentation award which has to
be lit up, so I'll give it to Leo.
MR. OCHS: Thank you.
CHAIRMAN TAYLOR: It has to be lit up.
MR. BEYRENT: See, I did -- this is an award I'm giving
every -- let me see, 12 years I give out this award. This is an award
to Janeice and Christine. These are the judges of -- judge and former
judge of Collier County. And I've been in Janeice's program, her
drug court program, for 10 years. I graduated, and I got my driver's
license back, like a regular one where you can actually drive a car
January 12, 2021
Page 28
after 8:00 at night and go anywhere you like. It's really great. It's
years in the program, which is interesting, because when I look back
at the people who created the program, I employed them 50 years ago
when they were kids, a long time ago.
And I wrote this letter -- I actually wrote it in cursive because
it's a dying art form, and it's almost impossible to write. Did
you -- you don't know where the paper ends anymore, and everybody
is so high tech. But, basically, I'm thanking both Christine and
Janeice for their work in this wonderful program. It really is. And
it's given me a better life.
And oddly enough, that's actually my 12-year AA gold medal
thing that they give when you have 12 years of sobriety, which I
have.
And yesterday I put my son in the David Lawrence Center.
He's 27 years old. He was in a rehab in Fort Lauderdale when he
was 17. Now he's 27. And he's back in much worse off than he
was before. And I couldn't say -- it would take more than three
minutes to tell you what a great program the David Lawrence Center
has provided this county.
And if you can read my handwriting, I pretty much summarized
that. And that's pretty much it.
And I appreciate all your efforts. And this is a -- this is really a
trying time for everybody. And I'm sure we'll make it through, but
we definitely have to have you guys running the show.
Oh, and one other brief note. I did already inventory all of the
people that would qualify to be the County Manager. So I went back
to everybody I've known for 30 years, and the long and short is that
everybody said they didn't want the job, and the only guy qualified
was Dan Rodriguez. So, I said, well, then I'll recommend him.
Thank you.
COMMISSIONER SAUNDERS: Before you leave the
January 12, 2021
Page 29
microphone --
MR. BEYRENT: Yes.
COMMISSIONER SAUNDERS: -- two quick comments.
Sorry to hear about your son, and hopefully he'll do well, and
congratulations on your success with that program.
MR. BEYRENT: Thank you very much, Bert.
CHAIRMAN TAYLOR: And if I may, just for clarification,
for those who do not know who Janeice and Christine are, it's Judge
Janeice Martin and Judge Christine -- why have I forgotten her
name?
MR. BEYRENT: Greider.
CHAIRMAN TAYLOR: Yes.
MR. BEYRENT: It used to be Hissam. When I knew her, she
was eight years old. So, her mom and dad worked for me. That's
how long I've known her. Great people.
CHAIRMAN TAYLOR: Yeah. You know, it takes a lot of
courage to come up here and tell us what you just did, deeply
personal issues, and thank you for doing that.
MR. BEYRENT: Thank you. I appreciate all your work, too,
by the way. You've done a great job. I thank you for that.
CHAIRMAN TAYLOR: Thank you.
MR. BEYRENT: I also thank that guy over there, right there.
He's a great guy. Thank you.
CHAIRMAN TAYLOR: You're welcome.
MR. MILLER: Madam Chair, your remaining four speakers
for Item 7 are all online. We will start with Mark English, followed
by Nora Alvarez, and then Mark Hammerschick.
Mr. English, are you with us, sir?
MR. ENGLISH: I am.
MR. MILLER: You have three minutes, sir. Please begin.
MR. ENGLISH: Thank you. Good morning, lady and
January 12, 2021
Page 30
gentlemen, and thank you for the opportunity to share with you some
thoughts.
First of all, thanks to all of you for your efforts on behalf of all
the Collier County residents in a year that's just been challenging
beyond description and, Chairman Saunders, especially you for your
leadership. We've been through hurricanes. We got our way
through that, we've had experience with it, but not a pandemic. So,
again, thanks for all your efforts. It's got to be -- it's got to be
awfully hard to be in your position, and we thank you for those
efforts.
I'm Mark English. I'm president of the Pelican Bay Property
Owners Association, and I'm here to talk about the March 1st and 2nd
meetings and particularly the proposed location for those events.
The sole purpose of the Pelican Bay Property Owners
Association is to protect the quality of life and the property values in
Pelican Bay. And the One Naples project, as proposed, threate ns
both of those. And the meeting that is proposed to bring the final
hearing for this project on March 1st and, if necessary, on March 2nd,
is expected to draw a pretty good crowd, and it's our hope that
you'll -- and we respectfully request that you consider moving it to a
location where all of the people that are there -- and there will be a lot
of people; it will be a big crowd -- can share the same room. To
divide this group up among three or four rooms, to have people in
their car, we're talking about a constituency here that is not young.
There are mobility issues. They certainly need access to restrooms.
And it would be especially important if they were together where
they could communicate with each other.
The Philharmonic, or Artis Naples now, has a capacity socially
distanced of about 400 people and, of course, they have every
technological bit of equipment that we could possibly use or need to
do what we need to do technologically. And so, I would ask you to
January 12, 2021
Page 31
take a look at that, if you would, please.
Also, the church, St. John's up on 111th, has a very large social
room, and with social distancing it can accommodate our crowd, and
with doors on all sides open, it gives them good ventilation with
restroom access as well.
So, these are two of the things -- somebody mentioned the
Veterans Park, and that's fine, too. We just would like to have a
facility where we could all be in one place and accommodate the
needs of the demographic that we serve, which is not a young
demographic.
But we respect what you do. We're hat in hand in asking for
this because we know it's not the standard. And whatever you do,
please know that we certainly appreciate your efforts on our behalf.
CHAIRMAN TAYLOR: Thank you. Thank you,
Mr. English.
MR. MILLER: Your next speaker is Nora Alvarez. She'll be
followed by Mark Hammerschick and then Buzz Victor.
Ms. Alvarez, are you with us?
MS. ALVAREZ: I'm here.
MR. MILLER: Yes, ma'am. Please begin. You have three
minutes.
MS. ALVAREZ: Okay. I would like to talk with you about
many things. My concern is about the security in the new project for
overlay, Golden Gate, that have many people sleeping and living
there. I walk every day. And I see all the grasses [sic] and people
living at night, sleeping. So, I would like to know about the security
in this place, what happen, what it's doing for that.
I didn't see anybody else. We can talk. I was talking with Eric
about the situation. And I am honoring Fairways. And I have two
property more in Golden -- in Greys Oak Naples, so I rent my
apartment over there. So, I'm very interested to know about the
January 12, 2021
Page 32
security for this place. Thank you.
(Simultaneous crosstalk.)
CHAIRMAN TAYLOR: Thank you. Maybe this is a little
unprecedented, but I wonder if, Commissioner Solis, you could get
some clarification in Spanish.
COMMISSIONER SOLIS: Sure. What was the speaker's
name?
MR. MILLER: Nora Alvarez.
COMMISSIONER SOLIS: So, I'll just ask her if she can
explain to me in Spanish exactly what the issue is. Would that be
helpful?
CHAIRMAN TAYLOR: Yes.
COMMISSIONER McDANIEL: Where the issue is.
COMMISSIONER SOLIS: It's in Golden Gate related to the
overlay.
CHAIRMAN TAYLOR: Yes, if you would.
(Conversation in Spanish.)
COMMISSIONER SOLIS: Okay. So, the issue is she's
concerned with the security because there are apparently homeless
people sleeping in kiosks or maybe bus stop structures on the
property that we purchased, which I assume is the golf course?
MS. ALVAREZ: Si.
COMMISSIONER SOLIS: Yeah. So, she's concerned about
the security at the golf course. That's the issue.
MR. OCHS: Madam Chair, I'd be happy to -- our staff will
reach out and make sure we make contact and know specifically
where the concern is and get that addressed and follow up directly
with this speaker.
CHAIRMAN TAYLOR: Thank you.
MR. MILLER: All right, Madam Chair, two speakers left.
Your next speaker is Mark Hammerschick, and he will be followed
January 12, 2021
Page 33
by Buzz Victor.
Mr. Hammerschick, are you with us online, sir? You may have
to unmute your mic at your end, sir. Mr. Hammerschick, are you
with us?
MS. HAMMERSCHICK: I am speaking in behalf for Mark
Hammerschick.
MR. MILLER: Could you please state your name?
MS. HAMMERSCHICK: My name is Teryl Hammerschick.
I'm Mark Hammerschick's spouse.
MR. MILLER: Go ahead, ma'am. You have three minutes.
MS. HAMMERSCHICK: I currently live in Isles of Collier
Preserve, and I'm concerned for the traffic on Bayshore and the
entrance, from what I hear, getting into the new ent ranceway to get
into ICP. So, I'm hoping that I can get some insight here from the
Board.
I'm worried about traffic. I listened to the meeting with my
husband yesterday. I do not want four lanes of traffic in high speeds
going down Bayshore, since it will be right by my subdivision. I
don't know if you can shed any light on that. I know you're still
probably thinking about that, but I just wanted to voice our concern.
We would like the speeds to remain lower with roundabouts.
CHAIRMAN TAYLOR: The -- this was a CRA meeting,
advisory board meeting yesterday. They are just at the beginning of
looking at how to improve the safety for all on Bayshore, and my
suggestion would be, because it's going to stay with them for quite a
long time because of the need to look at it and look at it again and
again, that you direct your comments to them and know that your
comments have been noted. I'm chair of that CRA, and I've noted
your comments in this, and I share your concern.
MS. HAMMERSCHICK: Okay. Thank you very much.
CHAIRMAN TAYLOR: You're welcome.
January 12, 2021
Page 34
MS. HAMMERSCHICK: Thanks.
MR. MILLER: Your final registered speaker for public
comment is Buzz Victor.
Mr. Victor, are you with us, sir?
MR. VICTOR: I am here. Do you hear me?
MR. MILLER: Yes, sir. You have three minutes. Please
begin.
MR. VICTOR: Thank you very much.
Good morning, everyone, and thank you for giving me the
opportunity to address you this morning.
CHAIRMAN TAYLOR: Good morning.
MR. VICTOR: Mark English, who spoke a few moments ago,
has done a fine job of saying almost everything I wanted to allude to
with regard to the March 1st and potentially March 2nd meeting of
the commissioners regarding the One Naples project. I underscore
what Mark said in terms of both the concern for COVID and the
concern for the individuals who are going to want to speak.
Back in March when Stock held its neighborhood information
meeting at St. John's, some 450 people showed up at that time. Save
Vanderbilt Beach was six or seven weeks old. We had about 500
people who had registered on our website. Today that number
approaches 1,200. I have no doubt that there are going to be a lot
and -- hundreds, literally hundreds of people who want to be heard at
that meeting.
And this really is no longer just a -- just a district issue and just a
Vanderbilt Beach issue. One Naples and its current design has really
become a bellwether about how growth is handled in Collier County.
In advance of that meeting in March, we're going to be taking our
message to, really, all the districts of the county and intending to see
this as a referendum for all future developments throughout Collier
County. So, there will be a lot of people there.
January 12, 2021
Page 35
Anything that you guys could do to make this a more fair both
visual and audio opportunity for those people who want to make their
desires known would be very much appreciated.
Thank you so much for your consideration.
CHAIRMAN TAYLOR: Thank you very much.
MR. MILLER: And that's all the speakers we have for Item 7,
ma'am.
Item #9B – Moved from Item #17G (Per Agenda Change Sheet)
AN ORDINANCE RE-ESTABLISHING THE COUNTY
GOVERNMENT PRODUCTIVITY COMMITTEE – DISCUSSED
AND BROUGT BACK LATER DURING THE MEETING
MR. OCHS: Madam Chair, that now moves us to Item 9B,
which was previously Item 17G on the summary agenda today. This
is a -- excuse me -- a recommendation to adopt an ordinance
establishing the county government Productivity Committee.
Commissioner Taylor has asked that this be moved to the regular
agenda for discussion.
CHAIRMAN TAYLOR: And the reason -- I know this was on
our consent agenda in December and, frankly, I missed it. I am -- I
would like to retain the ability for each commissioner to appoint
someone to that committee, Commissioner Saunders, and that's why.
And I know you authored it. So that's the only thing. I like the idea
of continuing it, and I think this group has done a pretty good job.
So I just would like to retain that. Thank you.
COMMISSIONER SAUNDERS: Could I suggest, then, that
we -- this is on for final approval?
MR. OCHS: That's correct.
COMMISSIONER SAUNDERS: We can amend this this
January 12, 2021
Page 36
morning and still pass this. So, I would suggest an amendment,
then, that we have five members that are appointed from each district,
one from each district, and four at large.
CHAIRMAN TAYLOR: Four at large.
COMMISSIONER SAUNDERS: That are all appointed,
obviously, by the Commission.
COMMISSIONER McDANIEL: Second for discussion.
CHAIRMAN TAYLOR: Okay. Commissioner Solis.
COMMISSIONER SOLIS: I was looking at the draft
ordinance, and it doesn't have anything in it one way or the other, but
it does refer back to the prior ordinances, you know, and amendments
to the original Productivity Committee ordinance. So, I don't
know -- maybe that's a question for the County Attorney. Do we
need to amend what's before us, or does it continue what was already
in the prior ones? I'm just trying to make it easier.
MR. KLATZKOW: The ordinance -- pardon me. The
ordinance repeals and replaces the prior ordinances. So, this
is -- this is a brand new slate.
COMMISSIONER SOLIS: There's a section that -- well, I
mean, as I read it, there was a section that referenced the prior
ordinances as amended, the 2001 ordinance and their amendments.
And I thought it was just reinstating. Let me see where --
MR. KLATZKOW: If you look at Section 9, sir, which is on
Page 4 of the proposed ordinance.
COMMISSIONER SOLIS: Okay. Well, that's fine with me.
I was just trying to make it easier.
MR. KLATZKOW: If we're going to amend it without coming
back, just for clarity, so you'll have four members at large, and five
members to be appointed by the commissioners. We'll stagger those
terms with the appointments by the commissioners two-year terms,
and the initial appointment for the at -large one-year term.
January 12, 2021
Page 37
COMMISSIONER SAUNDERS: I think the Commission
wanted to have the appointments from each individual
commissioner's district.
MR. KLATZKOW: Yes, yes. The ordinance will be
amended, and we could either table it, or I could bring it back and
you could take one final reading of it before we leave, or we can just
amend it now.
CHAIRMAN TAYLOR: So today? You'd bring it back
today?
MR. KLATZKOW: I will -- as we're speaking, I can have this
amended, and I can just bring it back and give you copies.
CHAIRMAN TAYLOR: Okay. Let's do that.
Commissioner McDaniel.
COMMISSIONER McDANIEL: And I had a -- I seconded the
motion for discussion. I wanted to ask, what was the rationale of
expansion of the committee from seven to nine?
COMMISSIONER SAUNDERS: Madam Chair --
CHAIRMAN TAYLOR: Yes.
COMMISSIONER SAUNDERS: -- if I could answer that.
We're expanding the role of the committee to begin to evaluate -- this
is what the original Productivity Committee did back in the 1990s,
believe it or not. That was something that I had put together. And
the purpose then and what I'm trying to do today, is expand the role
of the committee. You brought the committee back and recreated it
with a fairly narrow role which was to react to things that we send to
them. That's still part of their role. But the new role is for them to
periodically review each department of county government. In order
to do that, I think they need more people.
COMMISSIONER McDANIEL: Okay.
COMMISSIONER SAUNDERS: So, they could have
subcommittees and --
January 12, 2021
Page 38
CHAIRMAN TAYLOR: Oh, I see.
COMMISSIONER McDANIEL: Gotcha. And that was all
my question. You know, sometimes -- sometimes more gets a little
cumbersome, so --
COMMISSIONER SAUNDERS: Yeah. It's hard sometimes
for a committee of nine to come to conclusions, but I think this is a
little different, and I think they do need the extra manpower.
COMMISSIONER McDANIEL: I like the rationale all the way
across. And with that clarification of one appointed by each of us,
I'm totally fine with it.
CHAIRMAN TAYLOR: Commissioner Solis?
COMMISSIONER SOLIS: Just to make sure I understand it,
so there will be one appointed from each district, and then the four
remaining would be at large?
CHAIRMAN TAYLOR: At large.
COMMISSIONER McDANIEL: Appointees.
COMMISSIONER SOLIS: Okay.
COMMISSIONER SAUNDERS: And so, this will come back
later this morning for just a final vote?
CHAIRMAN TAYLOR: This morning.
COMMISSIONER SAUNDERS: Or before we adjourn today.
MR. KLATZKOW: I'm having it amended as we speak.
CHAIRMAN TAYLOR: Shortly. All right. Thank you very
much.
MR. OCHS: Commissioner Solis, just before we move on in
this, I think your reference to a prior ordinance was in Section 2
where it referred to Ordinance 01-55. That's the county advisory
board ordinance. I think the intention there was just any
appointments are made consistent with that general county advisory
board ordinance.
COMMISSIONER SOLIS: Okay, that's fine. And I do see
January 12, 2021
Page 39
Section 9.
MR. OCHS: Right.
CHAIRMAN TAYLOR: Okay.
MR. OCHS: Thank you.
CHAIRMAN TAYLOR: County Manager?
Item #10A – Added (Per Agenda Change Sheet)
REPORT OF THE BCC SUBCOMMITTEE FOR COUNTY
MANAGER HIRING – MOTION SETTING THE DEADLINE TO
ACCEPT RESUMES AS WEDNESDAY, JANUARY 20, 2021 –
APPROVED
MR. OCHS: Madam Chair, that moves us to Item 10A, which
was an add-on item, and that is to hear the report of the BCC
subcommittee for County Manager hiring. This was brought
forward by Commissioner McDaniel.
CHAIRMAN TAYLOR: Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes, good morning, Madam
Chair.
CHAIRMAN TAYLOR: Good morning.
COMMISSIONER McDANIEL: I just -- I wanted to give a
brief report. And this is all a matter of public record, so I'm not
afraid of showing it on TV. If anybody is interested, you can have
this document -- these documents emailed to you.
I wanted to give a report on our findings on Friday last week.
At that particular time, the county had received 24 applications for
the available County Manager's seat. And subsequent to that, I think
we've gotten three more. Yes? Five more. You want to come on
up, Ms. Amy, and share a little bit while I try to muddle through what
we actually did, and then whatever you don't touch on, I'll wrap up as
January 12, 2021
Page 40
well.
She's all kinds of prepared.
COMMISSIONER LoCASTRO: Slides, wow.
COMMISSIONER McDANIEL: Look at this.
MS. LEIBERG: All right. Good morning, Commissioners.
For the record, Amy Leiberg, Human Resources.
At your December meeting, we actually talked about a
subcommittee for hiring for the County Manager position, and the
first subcommittee meeting was held last Friday, January the 8th.
At that meeting, we had both Commissioner LoCastro and
McDaniel present. We distributed resumés and supplemental
documents for 24 candidates, and that's what we had received as
Thursday evening the 7th. Since that point, we've actually gotten
five more resumés and supplemental documents for consideration.
Three of those you received yesterday. So as of noon yesterday, we
had 27. By the end of the day, we had 29. And so you have all
those documents. We emailed them to you on Friday afternoon, and
then we gave you hard copies yesterday at the midday.
As we're getting new documents every day, what we're going to
do is compile those, because this is such an important process, the
end of every week, and make sure you get the updates that are
delivered to your aides for inclusion in your document. If we run
out of space in the binder that you've got, we'll actually start a
Volume 2 so that you've got everything together. And then we also
talked a little bit at the subcommittee meeting about what the next
steps would be.
So, on the January 26th meeting, two weeks from today, as
recommended by the subcommittee, we're going to be compiling a
document that will include a summary of each candidate's
qualifications for you to review. We'll also determine -- we'll talk
about whether or not you want to continue under the current process
January 12, 2021
Page 41
that you've outlined, continuing with the posting and working with
the subcommittee or the board as a whole, or engage a recruitment
firm, decide when you're going to close the position, date and time.
We've left that -- we've left the position open until you make some
decisions about that, and we'll also have a discussion on the interview
and selection process and the timeline that would be required looking
towards Mr. Ochs' departure at the end of May and making sure that
we have, hopefully, somebody here for that transition.
COMMISSIONER McDANIEL: Very good. If you'd leave
that slide up. That actually summarizes pretty much what we talked
about. And I'd like to speak with you-all a little bit about the
processes.
We had talked to staff to go through and summarize, if you will,
the applications, verifying references and credentials that were
represented and the like, and to kind of go through on the
requested -- has anybody else filled out that questionnaire besides
Commissioner Taylor and Commissioner LoCastro?
MS. LEIBERG: Those are the two that we've received, yes.
COMMISSIONER McDANIEL: Okay. I'm going to
ask -- because I didn't do it either. I would ask that my colleagues
fill out that questionnaire that HR sent to us; that, I found -- I found
very valuable to know what priorities my colleagues were having
with regard to this selection process.
I haven't done it myself as of yet, but I promise that I will by the
end of the week. Write that down. So, I would ask that we do
indulge and make sure that that gets done.
I think what I would like to do is just discuss a little bit today
about the January 26th meeting. I would like to bring forward an
agenda item specifically for this and then have a discussion with
regard to the suggested items that we have up there, determine
whether or not we're going to continue on with engaging a recruiting
January 12, 2021
Page 42
firm or not.
We have to pick a close date at some particular point in time. I
mean, as it stands right now, we're pushing 30 applicants, and at
some stage we have to close the door. And then if -- and then a
further discussion just -- as much as anything it's informational -- a
discussion from our staff with regard to the processes that we're
going to go through or potentially go through.
I want to be very, very clear that the subcommittee that the
Board appointed has no more authority to pick or choose a potential
County Manager than any of us, and this needs to be a group effort
by this board, and that our -- our efforts to date on the subcommittee
have just, in fact, been receiving the information, maybe giving a
little bit of a summation of all of that information so that there's more
continuity for those who want to review the applications and such.
But this is going to be a very open public process, and a decision by
this board, so...
CHAIRMAN TAYLOR: Commissioner Saunders.
COMMISSIONER SAUNDERS: I guess a question of staff
and a comment at the end of that.
The request was for us to -- or for staff to review the credentials
and the references of these 30-plus candidates, whatever number we
ultimately have. Do we have the ability to do that, number one?
And how are you going to proceed to check on references and
credentials of these candidates?
MS. LEIBERG: Commissioner, what we can do at this
point -- because I'm not sure that we actually have the same
information for every single submission. Some have provided
references. Others have simply provided a cover letter and a resumé
that does not include references. I think -- typically, in a process like
this, references would be checked when you've got some finalist
candidates that perhaps you're ready to talk to rather than reaching
January 12, 2021
Page 43
out earlier.
I think our intent after the meeting was to gather as much as we
could that was similar across every single resumé that we 've received.
So we would get the name of the candidate, we would provide the
highest level of education, their current position that they're holding,
and then any public-sector-related experience and then any
nonpublic-sector-related experience and other types of things. If
they have certifications, licensures that would be relevant for this, so
that you have it in one place to look at the document and can quickly
reference all the candidate information that we have.
COMMISSIONER SAUNDERS: Okay. So then there would
be a -- kind of a summary of the book that we have. And once
we -- again, this is a question. Once we get to some list of
candidates -- and I'm not sure how we get to that list of
candidates -- then you would check the references and statements that
are contained in those resumés.
MS. LEIBERG: If that is the direction, then, yes, that's what
we would do.
COMMISSIONER SAUNDERS: Okay. That will happen
after January 26th?
MS. LEIBERG: Correct.
COMMISSIONER SAUNDERS: All right. Just a quick
comment. I've gone through some of these resumés, not all of them.
There seems to be some fairly decent ones in here. I'm not trying to
disparage anybody. When I say "decent," I'm talking in terms of
from my perspective we need someone that's got experience as a
county manager, preferably in Florida, to have that Florida
experience, but not necessarily limited to Florida. I don't see a
whole lot of that so far in these -- in this book.
My view -- and I expressed this at the meeting -- I think
December 15th is when we discussed this -- was that the process of
January 12, 2021
Page 44
having a recruitment firm, they have resumés already on file, and
those resumés are not public records. They can contact those people,
determine who's interested, and really provide us with a list of
people. At that point in time, once that list is provided and that
information is provided, it become public record. But you get more
candidates.
And so, I understand where we're going through, and we're
going to start to run out of time if we're not careful. And so, again, I
want to express my belief that we should use a firm. We're going to
be discussing that again on January 26th. That will give us -- if we
do go that route, that will give us four months. But each week that
goes by gives us less opportunity to bring on a new manager while
we have our existing manager here. So, I just want to express that
concern.
I don't believe that we're going to get substantially better
information on the 26th than what we have in this book, because
you're going to summarize what we have. And I appreciate that.
That's important. But I don't think that gives us anything that we
don't already have. So, I just wanted to express that concern.
CHAIRMAN TAYLOR: Commissioner LoCastro.
COMMISSIONER LoCASTRO: Thank you.
First, I want to thank the HR director and her staff. You know,
the guidance that we gave you was can you aggressively advertise
this position to ensure or to see if we could get enough viable
candidates and a large inventory of people who are interested in the
job, and I think that's been done. I think to see that we've gotten
30 -- whether they're qualified or not, we'll get to that. But, you
know, we definitely have gotten a large inventory of people to
consider.
I also think -- and I know Commissioner McDaniel will agree,
you know, when we're in the subcommittee. You've done an
January 12, 2021
Page 45
excellent job consolidating. Like you said, you've got more from
some and less from others but, I mean, you know, you've made it
very easy for us to -- as Commissioner Saunders says, we -- you
know, time is of the essence and you've made it easy, you know, or
easier for us to jump in here quickly.
The subcommittee, obviously, wasn't formed, Commissioner
McDaniel, myself, and others, to pick finalists, but to just take a look
and see if we have candidates of interest. I mean, if this book would
have had two applicants who had very thin resumés, zero experience
working at the county level, I think we'd be accelerating the next
steps, which would be possibly a -- you know, a headhunter type firm
or something like that. But I think, you know, me, personally, I
think we do have some time, and I don't say this to be sarcastic or
anything, but if time is of the essence -- you sent out a questionnaire
to all five county commissioners asking for them to fill out a
questionnaire to help you do your job, and you only got two replies.
So, I don't say that to throw any spears here, but we all have to
accelerate our ability to dive into this book, come to a solution.
Yeah, I'm talking to you, McDaniel, over there. You were on the
subcommittee for crying out loud. But we have due diligence to do
as well, and I know we will all -- we will all do it.
May will be here very quickly, but I think we also have time to
figure out if what we have here in front of us is a good start or if,
indeed, we're spinning our wheels with, you know, folks that maybe
aren't as qualified or aren't the folks that we want. I have no doubt if
we go to a recruitment firm, you'll get more people. But, you know,
at some point we have to figure out if that's a requirement or that
would just be a nice to-do.
I think, you know, looking at this book -- and I have read every
single page in here -- there's definitely some people that I would want
to dive deeper into and have a conversation with, and that's -- you
January 12, 2021
Page 46
know, that's -- it could have been just the opposite, that you only got
a handful and none of them sparked any of our interest.
So, I think we are proceeding in the way that we had decided in
December. I do agree with Commissioner Saunders, every day is
important. So, whether it's getting in that questionnaire that's going
to help you do your job, getting us the other extra two candidates. I
had to say that, Commissioner Taylor, to throw that in there, because
we -- but, most importantly, getting us the extra -- the additional
candidates, figuring out the cutoff date and then making some
command decisions.
But I think our timeline is, you know, as long as we're all doing
our due diligence, we should be able to figure that out very quickly.
And I'm not opposed to a recruitment firm. I just don't think its step
one. And so, I think our step one is going, you know, very well, and
I really commend you and your staff for -- obviously, we wouldn't
have gotten 30 candidates. And there's quite a few people in here
that bear a closer look, that's for sure. In-house candidates and then
also people from all over the country. So, some people didn't care
about being secretive. And there's some pretty heavy hitters in here.
So I think they think enough about the job and the quality of this
area, and they want to be part of making it better, so -- but thank you
for your work and, you know, we'll make sure we do our due
diligence, and we'll move out quickly and make some command
decisions.
CHAIRMAN TAYLOR: Thank you, Commissioner.
Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes, just as a thought -- and I
wanted to share this with Commissioner Saunders. If you're
watching, we haven't eliminated the opportunity of engaging a
recruiting firm. All we do, in my brain, which is a unique place, the
thought -- who laughed at that? -- the thought process was we would
January 12, 2021
Page 47
have an actual written discussion on the 26th, pick an end date, if not,
then, and decide formally whether or not to engage the firm by our
first meeting in February. Give them 60 days; that would allow us to
move through that process and then engage, interview, and
potentially hire somebody by the end of April allowing for that
30-day transition of -- peaceful transition of power, as you alluded
earlier.
So, we're still on task with regard to the timeline. It can get a
little bit cumbersome as we go but, you know, we'll be making some
decisions, I hope, on the 26th to move through -- physically through
this list of candidates and by consensus maybe, you know, decide
whether or not engage and then, in turn, you know, close the
application process, and then -- and then shorten the list a little bit
based upon the priorities that we fill out in our survey.
CHAIRMAN TAYLOR: Providing you do.
Commissioner Solis.
COMMISSIONER SOLIS: Well, I was in favor of retaining a
professional firm as well. I think that the biggest issue I see is not
having a closing date, because every day that goes by, the list is
going to change, and I think we're going to continue to get more and
more and more. So, we'll never -- I don't know that we'll ever get to
the finish line to get to a position to actually, you know, come up
with a short list. I think we need to address that first. If we
got -- we got three yesterday, was that --
MS. LEIBERG: We received two yesterday.
COMMISSIONER SOLIS: Two yesterday. I mean, we'll
never get to the finish line, I think, if we don't have an end date, even
if it's, you know, a month away. But I think I agree with
Commissioner Saunders. I mean, we need -- we need -- I think we
need some help with this mainly because for the five of us to weed
this out, I think it will never end. I just -- I feel that way. It's going
January 12, 2021
Page 48
to be -- if we have 30 by the end of this month, I just don't think we're
going to be able to get to the finish line and the end date in May with
the process that we have.
So I would be in favor of retaining a firm to help us narrow the
list and get some specific resumés with the specific things that we
want as opposed to -- I mean, I'm not disparaging anybody that's
applied. They're great resumés, but some of them have more
relevant experience than others, to say the least, right? So...
CHAIRMAN TAYLOR: Ms. Leiberg, it's my
understanding -- because I did sit in on that meeting -- that you intend
to take the questionnaire and make some kind of matrix from it to
understand what this commission wants in a County Manager and
then apply it to these resumés and rank these resumés accordingly.
Am I mistaken in that?
MS. LEIBERG: I think what we wanted to do was compile that
document so that all of you could see what your desires were for the
person that's going to be sitting in that seat the next time and make
some decisions about what's most important to the Commission and
be prepared for.
COMMISSIONER McDANIEL: It wasn't a ranking.
CHAIRMAN TAYLOR: "Ranking" is probably too broad a
word, but just to say, okay, so that we -- we have a clear
understanding, because there may be some similarities that we're not
aware of, because we don't talk to each othe r. It's in writing, and
then you will bring that back.
MS. LEIBERG: That's correct.
CHAIRMAN TAYLOR: And I do think it's probably very wise
to set a closing date now, because we're going to make a decision in
the second meeting in January. So, January the 20th, January
the -- you know, what do you want that closing date to be? Make
the closing date for the advertising on Indeed? Where else are we
January 12, 2021
Page 49
linked?
MS. LEIBERG: We're advertising at LinkedIn, Indeed,
governmentjobs.com, and Zip Recruiter.
CHAIRMAN TAYLOR: So, I think it's probably a wise
decision to make that determination today when we say, okay, that's
it, enough it enough. Let's look at what we have. We've given
it -- when did we advertise this?
MS. LEIBERG: We advertised starting December the 9th.
CHAIRMAN TAYLOR: Okay. So, it will be a full -- it is a
month now.
COMMISSIONER McDANIEL: Forty-five days.
CHAIRMAN TAYLOR: So, I bring that to you for
consideration.
Commissioner LoCastro.
COMMISSIONER LoCASTRO: Yeah, I was just going to add,
I don't disagree with the recruitment firm, but I just think it's
premature. I think we do have time to do our due diligence. We
have a lot of people in front of us that deserve the respect to vet them
and take a look at their applications.
All of us here, I believe, have hired folks at the highest levels.
And I have had 30 candidates in a binder before, so I don't think this
is an overwhelming exercise. I think, when you take the time to dive
into it, I don't want to say people quickly fall out, but we're looking
for very specific skill sets. So, it's not a matter of interviewing 30
people and taking the next six months to vet folks. I think when you
take a look at this binder, you quickly zero in on definitely an
acceptable amount of people of interest, you know, I will say.
You've already done your due diligence and found recruiting
companies that you basically have rank ordered or are
recommending. So, I think we're already doing the prep work.
I strongly agree with Commissioner Taylor that I think we
January 12, 2021
Page 50
shouldn't leave this meeting without a date where we close the door.
I think if January 26th is when we're going to have the next
substantial meeting, just looking at the calendar, the week prior is
January 19th. I'm not saying that's the day, but I think the sliding
scale is somewhere close to that day to then close the door, have you
do your -- the work you need to do, put together the spreadsheet, get
the questionnaires from the three other commissioners. Not to
Commissioner Taylor and myself, because we've already done that
homework.
COMMISSIONER McDANIEL: You said that three times
now.
COMMISSIONER LoCASTRO: But I think -- you know,
tongue and cheek. I think the goal would be pick that date, then give
us the time to then really dive into this book, and then I think we'll all
come back to this table on the 26th having done an awful lot, and
then possibly it might be a much easier command decision that, hey,
we're still in January. We know the recruiting companies that you
have vetted and that we've sort of rank ordered. So I think, actually,
we could move out very quick and say, you know what, I think
there's eight or nine people in here we definitely want to talk to
before we delegate the responsibility to a recruiting firm that might
know less about Collier County than we do, or we don't have the
candidates here, and let's go to the people who do this for a living.
But I can tell you, just take a look at Marco. They spent
hundreds of thousands of dollars on a recruiting company. The
person that was their top, you know, candidate was in jail a short time
later, and -- you know, so it doesn't guarantee anything. And
so -- and I can give you other examples as well of recruiting
companies that found unbelievable, you know, sharp CEOs and then
others that didn't.
So -- but it's not a fail-safe. So -- but I think, you know, we're
January 12, 2021
Page 51
doing our due diligence, and I think there's enough time to do all the
things that we want to do.
CHAIRMAN TAYLOR: Ms. Leiberg -- and before I go to
Commissioner Solis -- do we -- is it important, in your opinion, as the
expert, to indicate in our advertising that there is a closing date?
MS. LEIBERG: If we are -- yes, I think that at this point if you
are ready to close that out, it will -- it will signal to those who are
interested that we do have -- there is some finality to this, and you'll
be making some decisions after that point.
CHAIRMAN TAYLOR: Okay. Good.
Commissioner Solis?
COMMISSIONER SOLIS: I was just going to add that I think
one of the things that we need to be the most careful with is putting
our staff in the position of providing rankings of any kind.
CHAIRMAN TAYLOR: I misspoke. I misspoke.
COMMISSIONER SOLIS: Okay. Okay. I mean, I
just -- yeah, I want to --
CHAIRMAN TAYLOR: That's not what I --
COMMISSIONER SOLIS: I think it puts them in a -- it's not
like an RFP where, you know, they're outside vendors or anything.
These are going to be maybe their supervisor and things. So, I just
want to stay away from that, because I think that would be bad for
morale.
COMMISSIONER LoCASTRO: In the subcommittee, we
were emphatic about saying alphabetical. We want everything
alphabetical, so -- regardless if they were the last person to apply or
first --
CHAIRMAN TAYLOR: Okay.
COMMISSIONER LoCASTRO: -- so I think we'll just add
that.
CHAIRMAN TAYLOR: Commissioner McDaniel.
January 12, 2021
Page 52
COMMISSIONER McDANIEL: Yes. And thank you for
clarifying that, Commissioner Solis. There was a -- we were very
careful to not get past anything other than our personal viewpoints
and make sure that this is a decision of the Board. Staff's job was
basically to assimilate information, summarize it to a certain extent
based upon the surveys that are yet to be determined, but no ranking
whatsoever, ever.
My thoughts -- I concur with picking an end date. My thoughts
are to not preclude -- it would be rather counterintuitive to me to pick
an end date in advance of our January 26th date where we are then
going to flip the coin on a recruiter or not. Why wouldn't
we -- because in my mind, the timeline was we would have a
discussion on the 26th, decide then about the recruiting firm or not,
and then on the first meeting in February we would go through -- if
we engaged a recruiter, great. If we didn't, great. We would go on
to the next process of going through the applications and bringing
them to a head.
So, my thoughts are, why don't we set the application end date
for January 30th, which is four days after our 26th date. We will
then decide -- we won't -- if we stopped the application process and
then chose to engage a recruiter, that's just counterintuitive to me.
So I was thinking the end date of January 30th, and then we will have
then decided whether or not we're going to engage a recruite r, and
then we'll set the item up for the first meeting in February to have a
discussion about how we go through the process of -- necessarily a
process of elimination of bringing in the applications to a more
manageable number.
CHAIRMAN TAYLOR: Commissioner Saunders.
COMMISSIONER SAUNDERS: Thank you, Madam Chair.
Commissioner LoCastro, I know you know this, but I'm going to
say it. Words matter, and you just said that -- you were referring to
January 12, 2021
Page 53
Marco. And you basically said they spent hundreds of thousands of
dollars, and what did they wind up with? That sends a message to
the public that this type of recruitment firm cost hundreds of
thousands of dollars, and that's just not accurate. And I want staff to,
if you would, answer the question of what kind of pricing were we
looking at for a recruiting firm?
MS. LEIBERG: The pricing that we got ranged from, I believe,
20- to $30,000. So, the low end was 20-, and I believe the top end
was 30-.
COMMISSIONER SAUNDERS: Okay. I just want the public
to understand we're not looking at spending hundreds of thousands of
dollars on a recruitment firm. We're looking at a fairly modest
amount of money, and they have the ability to check references,
check resumés, and determine whether or not an applicant is being
truthful in their material that they provide. So, I just want the record
to reflect we're not talking about hundreds of thousands of dollars.
COMMISSIONER LoCASTRO: Well, Marco wasn't talking
about hundreds of thousands of dollars either, but words do matter,
but so do details and so do facts. And they weren't looking to spend
hundreds of thousands of dollars either, but once you go down that
road of a recruiter, if they bring you a population of people and those
people either get hired and don't work out or you don't think there's
enough experienced people in there, they don't continue to work for
free.
So, I'm just using Marco as an example. I've -- I've hired
recruitment companies from, you know, the different jobs that I've
had in the past, and we have spent hundreds of thousands of dollars
because we're hiring for a very high-level position and it took longer
than we thought.
So, I think words matter. I'm not saying -- I know what the
dollar figure is, but I'm just saying there's that possibilit y. It
January 12, 2021
Page 54
certainly worked in their case, and in the end the person that they
hired, that turned out to be a very capable city manager, is somebody
that was here local that everybody knew and that I don't think they
needed an out-of-state recruiting company to find. That's just one
example.
So I'm not putting it forward as, you know, the approved
solution, but I think once we go down that road, it's like anything
else, you know, if you have a little piece of skin cancer removed and
then you find out it's a much bigger thing than that, you could spend
more and it could be more. So that was my only point.
I appreciate the specific point that you're making, but I also
think that it can be a pricey venture.
CHAIRMAN TAYLOR: Thank you. Thank you.
Ms. Leiberg, does the second -- the first meeting in February, if
we decide at that point to go out and hire a firm, does that give the
firm enough time, in your opinion?
MS. LEIBERG: All the three firms that had previously
submitted for consideration have been notified that there will be some
future actions by the Board, and I think they're all on standby --
CHAIRMAN TAYLOR: Okay.
MS. LEIBERG: -- understanding that there could be some
decisions made at the end of this month or early February. I think,
yeah, the -- yeah, the -- we can certainly reach back out if you direct
and let them know that that would be the timeline and confirm that
they are prepared to assist us at that time if it's so -- if it's chosen at
that point to --
CHAIRMAN TAYLOR: Okay. So, I think the decision we
have before us is a closing date. I would -- I would agree to an
earlier closing date than yours, sir, only because I don't see -- if we've
started December 9th and we close, let's say, the 25th of -- 25th of
January, which we could probably do or even a few days before that,
January 12, 2021
Page 55
say the 20th, that's almost a month and a half. If we don't have folks
that are interested during that time period, I don't know what two or
three more weeks would make, and I just think there's a -- there's
an -- there is a sense of urgency to try to keep some kind of -- have
this move forward and not languish too much. So, I guess, I'm
questioning why we would extend it for another three -- three weeks
when we really don't need to --
COMMISSIONER McDANIEL: Are you looking at me, or do
you --
CHAIRMAN TAYLOR: Yeah, because that was your --
COMMISSIONER McDANIEL: And I just picked that date on
the premise that the decision about the recruiter is not going to be
done until the 26th, and leaving the application process open through
that time allows for that decision to actually be made while the
application processes are still open.
CHAIRMAN TAYLOR: Okay.
COMMISSIONER McDANIEL: And then the -- if we choose
to engage a recruiter, we offer them 60 days to do what it is and
present to us, and then we make our decisions in the latter part of
April, and move through that transition of power. That was the
timeline that I had in my head. But it's really -- you know, it's --
CHAIRMAN TAYLOR: Okay.
COMMISSIONER McDANIEL: The time -- we just -- we
do -- I agree, we need to pick an end date at some time. I actually
have that in my notes here as for when we close the application
process.
CHAIRMAN TAYLOR: Commissioner Solis.
COMMISSIONER SOLIS: Okay. These will be my two final
comments. One is: I understand what -- Commissioner McDaniel,
what you're saying about having the closeout date after our 26th -- it's
on the 26th, the meeting of the 26th, but I think that the problem with
January 12, 2021
Page 56
that is that -- so when we make the decision whether or not to go
forward with the recruiter, it's still a moving target. That's --
CHAIRMAN TAYLOR: That's right.
COMMISSIONER SOLIS: That's my only concern is that, you
know, if we have a date where we're going to say, okay, this is what
we've been able to get, is that enough, you know, then we can say
we've got everything.
Secondly -- and I brought this up when we started this
discussion -- the vetting in terms of checking of references of, you
know, calling -- whatever the usual process is for checking
credentials, I think that putting -- and I'm assuming that the
recommendation is -- or at least the discussion has been is that our
staff would do that. And if we put our -- our staff in the position of
doing that, they have to do is for all the applicants including the
people they work for, and I just think that's -- nothing good can come
from that. Having some independent people checking the
references, my gut feeling is is that that's the right thing to do because
it takes the conflict of interest, in a way, out of the staff's hands.
CHAIRMAN TAYLOR: But may I pose this question to you:
Does that -- so you're saying that if hired a firm, they would -- they
would check the references of everyone who has applied to this point
or a short list that we make?
COMMISSIONER SOLIS: Yes. I mean, that's part of their
function, is it not --
CHAIRMAN TAYLOR: I don't know.
COMMISSIONER SOLIS: -- to check the references?
CHAIRMAN TAYLOR: But it wouldn't be their applicants.
They're not going to get paid for that. Say we don't choose a firm's
candidate, but they've gone and done the work --
COMMISSIONER SOLIS: We would pay them the fee, I
think.
January 12, 2021
Page 57
COMMISSIONER McDANIEL: Right.
COMMISSIONER SOLIS: Yeah, we would pay them the fee
for vetting all of them, I'm assuming.
CHAIRMAN TAYLOR: I'm going to put aside protocol right
now, and let's just talk about this, because this is -- this is something
that's critical. It's my understanding with a firm that they only
check -- they do the work for their candidates. They don't do the
work for candidates that have come outside of them, is that correct, or
incorrect?
Commissioner Saunders.
COMMISSIONER SAUNDERS: What a firm will do is they'll
go through the resumés that they have to see what expression of
interest they have from people that they've already vetted, but they
will also advertise to get other applications. They charge us a fee to
do the groundwork. They don't charge us a fee based on whether we
hire a candidate from them. That's not the way these firms that we're
looking at would work.
So we would get resumés that -- from the firm where all the
references have already been checked, all the information contained
in the application is verified to make sure it's accurate, and we would
have a list of qualified candidates based on what we're looking for,
but not based on -- they don't get paid based on our hiring someone.
That $26,000 fee, $30,000 fee plus expenses will get us qualified
candidates that have been vetted.
CHAIRMAN TAYLOR: So that would mean at this point if
we decided to go with a firm that everybody has applied, we throw
out their resumés because we don't want staff to do the backwork on
it, and we would expect those same people to contact the firm in
order to be put in the queue, and I don't think that's -- I think we've
opened up Pandora's box here. I think we have to continue. And I
do think staff has to check the references based on a short list that we
January 12, 2021
Page 58
would make, hopefully at the end of January or the first meeting in
February.
COMMISSIONER McDANIEL: Right.
CHAIRMAN TAYLOR: But, again, that is my thoughts.
Let's leave this open. Let's talk this thing through.
COMMISSIONER LoCASTRO: I will just say the firms that
I've worked with -- so I'm not opposed to the firms. I've had great
success -- they tend to say, if you have a binder of 30 candidates but
now you're hiring us, these candidates then are welcome to apply
through our process because their application process is totally
different. They have a very set format. They won't take this binder
and say, okay, we have 30 applicants. What they'll say is, were
running -- the firms that I've worked with will say, encourage these
people to apply through us. They're going to have a website,
something that's -- like you said, you have sort of different
applications in here. Some gave a letter. Some didn't. They'll put
together a very structured approach, and they will say, if these people
want to reapply through our firm -- so I'm not saying we start from
square one, but that's -- the firms I've worked with, that's the direction
that they have given so that they give us very complete identical type
of applications.
CHAIRMAN TAYLOR: Ms. Leiberg, do we know the answer
to that question?
MS. LEIBERG: My guess would be, as Commissioner
LoCastro stated, that they are -- we could certainly pass on that
information to the firm that we select, and they're going to have to do
some additional work. There is going to be some information that
was not provided that they will need to collect on those candidates
who are still interested in being considered out of the ones that have
applied so that we have a uniform application of their skills, because
they do have some questions they ask that we, when we gather
January 12, 2021
Page 59
resumés, we just aren't getting.
So they're going to ask them additional questions and take the
questionnaires that you have set forward to kind of understand what it
is that you're looking for and apply that to the pool so they can come
back with recommendations of a short list of candidates for you to
consider. It does not mean that we can't take what we've already
received and ask them to please do the next step with any of those
candidates.
CHAIRMAN TAYLOR: Okay. Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes. It's already been
decided by this board that we not engage a recruiter at this time. I'm
still not in favor of engaging a recruiter at this time. I'm more than
capable of reviewing these applications. I have read every page in
the binder. Well, not every page, but most of it. Because words do
matter, Commissioner Saunders.
So, I don't think we need to engage a recruiter. I can look at
this list that we currently have right now, and there are people that I
would be happy with moving into an interview process on the list that
we already currently have.
I think we should stay the course. I think we should -- I don't
agree with Commissioner Solis in that it puts our staff in a
compromising position to be reviewing -- it's a straight process of
reviewing applications, verifying that the information was submitted
accurately, and checking of references. It's not a compromising
position. It's a -- here's my references and call them. So I don't
concur with that as a potential conflict for our HR staff who
necessarily does that on a regular basis.
CHAIRMAN TAYLOR: Commissioner Saunders.
COMMISSIONER SOLIS: Okay. Just for clarity, what is
staff going to do between now and January 26th? My understanding
is -- and this is not a criticism at all. Don't -- I mean, please don't
January 12, 2021
Page 60
take it that way. I think you guys have done a great job in
responding to what the Commission has asked you to do.
I said at the beginning of this meeting, we have a great staff
from the top all the way down. So, this is not a criticism. But I
think what you said is -- and I'll let you respond to that
question -- what precisely are you going to do between now and
January 26th? I do not believe you said you were going to check
references. I believe you said -- and I'll let you answer that
question -- that you're going to go through what you've got here and
order -- put it in some order for us.
But we're not going to have that benefit of a check on both
references as well as the veracity of what's contained in these
applications. I'm not saying anything in here is not accurate, but
that's something that you have to do when you're hiring top
management.
So, the question is, what exactly are you going to do between
now and January 26th?
MS. LEIBERG: We were going to take every single resumé
that was put through and summarize those for some very -- for some
items that are of importance to the Commission; the candidates'
information: Their current employer, their highest level of
education, and some other key points so that you have a quick
reference that you can look at.
I don't believe we're in the position at this point to do any
reference checking. It would be outside of a standard process to do
that until you have short listed and really identified who it is that you
feel are the top candidates that you'd want to consider in this process.
And just so that you know, the HR staff does not actually make those
phone calls to -- we actually have a firm that we work with to do our
reference checks for any candidates for employment. We could use
the same process for this.
January 12, 2021
Page 61
COMMISSIONER SAUNDERS: Madam Chair, if I could ask
just one more question, and then -- in terms of the firm that you use,
they are on a retainer, or they've been selected, they do this routinely
for your other hires?
MS. LEIBERG: They do.
COMMISSIONER SAUNDERS: So, we have a firm. S,o
they would contract with you to do some additional work in reference
to this?
MS. LEIBERG: We could actually choose the services that we
want them to provide. They can check -- they can check prior
employment, they can check -- they can verify education, and those
types of --
COMMISSIONER SAUNDERS: What kind of expense is
there associated with reference checks for a proposed potential
employee? What does it generally cost us for that?
MS. LEIBERG: On average anywhere between $35 and $100
per person.
COMMISSIONER SAUNDERS: Per person.
MS. LEIBERG: But, again, it's not going to be the scope of
the --
(Simultaneous crosstalk.)
COMMISSIONER SAUNDERS: Understood. I know you're
not going to get much -- you're not going to get much for $35 on a
reference check.
COMMISSIONER McDANIEL: Just as a point, and I
concur --
CHAIRMAN TAYLOR: Then we're going to make some
decisions.
COMMISSIONER McDANIEL: Yes, ma'am. I just wanted to
clarify. Ms. Leiberg has brought forward what I thought was a good
idea and a deviation from the discussion that we had on Friday,
January 12, 2021
Page 62
because we had kind of suggested that they go through them all.
And I like the idea of us continuing to accept, summarize, and then
go to more of a short list before they actually go through that. That's
a far -- that's a far more expeditious process than going through them
all just because.
CHAIRMAN TAYLOR: Okay. So, given that, we're still on
course. What is the date that we want to close this?
COMMISSIONER McDANIEL: You-all pick a date. He's
said the 19th or 20th, I said the 30th. It's 10 days one way or the
other. I mean, how does the Board --
CHAIRMAN TAYLOR: I'd like to do it the 20th. I don't
know if that's a Sunday. I don't know, whatever in and around there.
I'd like to do it before our meeting so we can say that -- that gives
us --
COMMISSIONER LoCASTRO: That's a Wednesday.
CHAIRMAN TAYLOR: That's a Wednesday.
MR. OCHS: That's a Wednesday.
CHAIRMAN TAYLOR: That will give us six days for
most -- I know this is a very mundane question, but probably most of
these resumés come in through email anyway; is that correct?
MS. LEIBERG: That's correct.
CHAIRMAN TAYLOR: Okay. So, we don't have to worry
about snail mail. Let's do it the 20th.
COMMISSIONER McDANIEL: Second.
CHAIRMAN TAYLOR: I'd like to make a motion that we
notice everyone and that we notice ourselves that we are closing this
process on the 20th of January.
COMMISSIONER McDANIEL: Second, again.
CHAIRMAN TAYLOR: Motion on the floor and a second.
All those in favor, say aye.
COMMISSIONER SOLIS: Aye.
January 12, 2021
Page 63
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN TAYLOR: Those opposed, like sign.
(No response.)
CHAIRMAN TAYLOR: It carries unanimously.
COMMISSIONER McDANIEL: Nice.
CHAIRMAN TAYLOR: Thank you. I think we have our
hardworking court reporter break.
COMMISSIONER McDANIEL: And you need a new chair.
CHAIRMAN TAYLOR: Thank you very much. And we'll be
back -- let's see, 45, 10:45. Thank you.
(A brief recess was had from 10:37 a.m. to 10:48 a.m.)
CHAIRMAN TAYLOR: County Manager, I appreciate your
indulgence with me. I promise it will get better.
Item #9B – Continued from earlier in the meeting
ORDINANCE 2021-02; AN ORDINANCE REESTABLISHING
THE COUNTY GOVERNMENT PRODUCTIVITY COMMITTEE
– ADOPTED
CHAIRMAN TAYLOR: So, we're going to 9B, I think you
said.
MR. OCHS: Yes, Madam Chair. We had previously tabled
Item 9B. That was the revision to the Productivity Committee
ordinance that the Board discussed earlier. I'll turn this over to
Mr. Klatzkow and put the changes up on the visualizer for you.
MR. KLATZKOW: The changes to the ordinance are confined
to Section 2 and Section 3. I believe that it reflects the will of the
January 12, 2021
Page 64
Board of County Commissioners.
I utilized the Planning Commission ordinance as a methodology
so that you'll have five County Commission districts, four at-large.
The County Commission districts, the Commissioner of that district
will nominate a candidate. The nomination would be by three votes
to put onto the Board, and for the at -large, it would be any
commissioner can make the nomination, but it must receive
four-fifths of the vote.
Section 3, simply the terms of office. The five district members
will have an initial term of two years, the four at -large members an
initial term of one year. Thereafter they'll be staggered so that you'll
always have experienced people on the board.
CHAIRMAN TAYLOR: Is this the will of our board?
Commissioner Saunders?
COMMISSIONER SAUNDERS: I don't have any questions
concerning this. I'll just make a motion to get it on the floor. A
motion to approve, on second reading, this ordinance.
CHAIRMAN TAYLOR: Do I hear a second?
COMMISSIONER McDANIEL: Second.
CHAIRMAN TAYLOR: There's a motion on the floor and a
second to approve the ordinance as modified by our County Attorney.
All those in favor, say aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN TAYLOR: Those opposed, like sign.
(No response.)
CHAIRMAN TAYLOR: It carries unanimously.
Thank you.
January 12, 2021
Page 65
MR. OCHS: Madam Chair, we move to Item 11, County
Manager's report.
Item #11A
AWARD AGREEMENT NO. 20-7728, CEI SERVICES FOR
BETERANS MEMEORIAL BOULEVARD EXTENSION – PHASE
I AND PHASE II (VETERANS MEMORIAL BOULEVARD
FROM OLD 41 TO THE INTERSECTION WITHLIVINGSTON
ROAD); TO HARDEST & HANOVER CONSTRUCTION
SERVICES, LLC FOR PHASE I ($1,177,236), AND PHASE II
($937,213.35) FOR AN OVERAL TOTAL COST OF $2,131,949.35
AND APPROVE NECESSARY BUDGET AMENDMENTS –
APPROVED
MR. OCHS: Item 11E is a recommendation to award a contract
for construction, engineering, and inspection services for the
Veterans Memorial Boulevard Extension Phases 1 and Phase 2 to
Hardesty & Hanover Construction Services for an overall total cost of
$2,131,949.35 and to authorize the necessary budget amendments.
Mr. Jay Ahmad, your Director of Transportation Engineering, is
available to present to the Board or respond to questions at the
pleasure of the Board.
COMMISSIONER SOLIS: I would move for approval.
COMMISSIONER McDANIEL: I would second it.
CHAIRMAN TAYLOR: There's a motion to approve and a
second. Any other questions?
(No response.)
CHAIRMAN TAYLOR: Any discussion?
(No response.)
CHAIRMAN TAYLOR: All those in favor, say aye.
January 12, 2021
Page 66
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN TAYLOR: Those opposed, like sign.
(No response.)
CHAIRMAN TAYLOR: Thank you very much.
MR. OCHS: Thank you, Jay.
CHAIRMAN TAYLOR: Well done.
MR. OCHS: Well done.
Item #11B
AWARD INVITATION TO BID (“ITB”) NO. 20-7804,
“JANITORIAL SERVICES: TO ZONE 1: CLEAN SPACE, INC.,
AS PRIMARY VENDOR AND UNITED STATES SERVICE
INDUSTRIES, INC., d/b/a USSI AS SECONDARY VENDOR;
ZONE 2: CLEAN SPACE, INC., AS PRIMARY VENDOR, AND
AMERICAN FACILITY SERVICES, INC., AS SECONDARY
VENDOR; AND FOR ZONES 3, 4, 5 AND 6: CLEAN SPACE,
INC., AS PRIMARY VENDOR, AND HIGH SOURCES, INC., AS
SECONDARY VENDOR., FOR COUNTYWIDE JANITORIAL
CLEANING AND SERVICES. THE PROPOSED TOTAL
ANNUAL BASE CONTRACT AMOUNT FOR FY21 IS
$1,077,810. – APPROVED
MR. OCHS: Item 11B is a recommendation to award a
contract for janitorial services to various vendors in six different
geographical zones where we have county facilities. The proposed
total annual base contract amount for Fiscal Year 2021 is $1,077,810.
January 12, 2021
Page 67
Mr. Damon Grant, your Facilities Management Director, is available
to present or respond to questions from the Board at the pleasure of
the Chair.
CHAIRMAN TAYLOR: Are there any questions? Any
discussion? Yes.
COMMISSIONER LoCASTRO: I'd just make a quick
comment. This is one example of where I asked during a
pre-briefing. This is a lot of money. And I was just curious, you
know, how many people had submitted contracts, you know, how
competitive was this? Did we get 100 or we got two? What are the
references? What other places do they have businesses? And that's
why we do the pre-meetings. I got the answers back lickety-split, so
I was very impressed with that; that it wasn't a scramble. But, you
know, just one little sentence in here to just sort of educate the Board
members and say, they were one of 15, you know, they have an
impeccable record or something. I mean, not being directive. It
was just more of a curiosity, but it saves us all time. But most
importantly, I just want to thank you for your sense of urgency and
quick response, you know, coming back to me, because, you know,
we're spending a lot of taxpayer money here, and I want to make sure
everything just doesn't go to the lowest bidder. If we think the
lowest bidder has issues, then, you know, we talk about it. And in
this case, it sounds like you found a very reputable company. Thank
you.
MR. GRANT: Thank you, Commissioner.
CHAIRMAN TAYLOR: All right. So, is there a motion on
the floor, or there has been? Do I have a motion?
COMMISSIONER McDANIEL: I make a motion for approval.
COMMISSIONER LoCASTRO: Second.
CHAIRMAN TAYLOR: All right. We have a motion and a
second. All those in favor, say aye.
January 12, 2021
Page 68
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN TAYLOR: Those opposed, like sign.
(No response.)
CHAIRMAN TAYLOR: It carries unanimously. Thank you.
Item #11C
ESTABLISHING A BOARD POLICY POSITION REGARDING
THE POTENTIAL EXPANSION OF THE BIG CYPRESS BASIN
(BCB) BOUNDARY WITHIN THE SOUTH FLORIDA WATER
MANAGEMENT DISTRICT (DISTRICT) BASED UPON THE
RECENT FILING OF SENATE BILL 406 FOR CONSIDERATION
BY THE FLORIDA LEGISLATURE - MOTION DIRECTING
LEGISLATIVE DELEGATION TO TAKE FORMAL POSITION
ADDRESSING THE THREE CONCERNS OF THE BOARD;
CHAIRMAN AND JOHN MULLINS TO CONVEY CONCERNS
AT MEETING WITH REPRESENTATIVE RODRIGUEZ –
APPROVED
MR. OCHS: Item 11C is a recommendation to establish a
Board policy position regarding the potential expansion of the Big
Cypress Basin boundary within the South Florida Water Management
District based upon the recent filing of Senate Bill 406 for
consideration by the Florida legislature.
Mr. Mullins, your Government Affairs Manager, will make the
presentation.
John.
January 12, 2021
Page 69
MR. MULLINS: Good morning, Commissioners. For the
record, John Mullins, Government Affairs Manager. And at your
last board meeting on December 8th, a motion was adopted directing
staff to return with a presentation on a future agenda on the potential
impacts of an expanded Big Cypress Basin boundary on Collier
County so that you can discuss a potential policy position on the
same.
Now, some of the impacts you discussed included operational
effects, governance, financial impacts, and the future Big Cypress
Basin Board representation.
Now, over the holidays on December 30th, Senator Ray
Rodriguez from Lee County filed Senate Bill 406 which directly
addresses several of these items. Now, that bill was sent to you the
day it was filed, and it's also included in your agenda materials.
Now, yesterday legislative interim committee weeks
commenced and are scheduled over four of the next five weeks
leading up the start of the regular session on March 2nd. Also,
yesterday the identical house companion bill, House Bill 209, was
filed by Rep. Adam Botana of Bonita Springs. Now, based on these
filings and the potential for committee consideration and bill
advancement of one or both of these bills in the coming days, staff is
recommending that you consider establishing a policy position in
regard to the provisions of Senate Bill 406 and House Bill 209 in
order for your lobbying team to expeditiously and accurately
proselytize your position. Now, yesterday you received a memo
outlining the impacts and technical issues with the proposed
language, and I'm happy to briefly review each of those.
Board representation is the first area of recommended change.
Subsection 9 proposes to amend to require the governor to appoint
five persons from Collier and Lee County that reside within the Big
Cypress Basin as members of the basin governing board. The
January 12, 2021
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proposed language does not apportion the five appointments between
the two counties.
Now, currently, the Governor's required to appoint not fewer
than five members, and also a member of the Water Management
District governing board residing in the basin is designated the chair
of the basin.
Now, should none of the district board live in the basin, a
member of district governing board is selected by the Chair to serve
as the chair of the basin board.
Now, currently, as a member of the Water Management District
governing board, Charlette Roman of Collier County, serves as the
Chair of the basin. Her board appointment is set to expire this
March. She serves as a large at -large member -- as an at-large
member of an area that includes Collier, Lee, Charlotte, Hendry,
Highlands, Glades, Okeechobee, Orange, Osceola, and Polk
Counties. If not reappointed, her replacement on the district
governing board could be from any of those aforementioned counties.
Now, the only other district governing board member currently
representing Collier County is the district governing board chair,
Chauncey Goss of Lee County, and his area includes Lee, Collier,
Hendry, and Charlotte Counties.
The second area of change is the actual boundary line, and the
proposed language expands the administrative boundary to cover the
scientific boundary that was recommended in the hydrologic study
that was just conducted and is being submitted to the legislature.
The only exception is that the new boundary may only include
counties that have at least 50 percent of their jurisdiction within the
scientific boundary. And it's been estimated that under 40 percent of
Lee County is included in that scientific boundary and, as proposed,
only -- Collier County would be the only included county in the new
basin administrative boundary.
January 12, 2021
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The third section of change deals with ad valorem. A new
Subparagraph 2 is proposed. It specifies that ad valorem taxes
levied within the counties that comprise the Big Cypress Basin are
used for projects within the counties in which they were collected.
Now, currently, as part of the Okeechobee Basin, there are three
millage rates that are applied to Lee County: District wide,
Okeechobee Basin, and Everglades construction. So as proposed,
money collected from Lee County would all have to be used for
projects in Lee County.
In addition, funding for operational and maintenance costs from
ad valorem would not be allowed, as they are not considered projects.
Similarly, as part of the Big Cypress Basin, there are two
millage rates applied to Collier County: District wide and Big
Cypress Basin.
As proposed, ad valorem is directed to all projects, and all
monies collected would have to be used for projects in Collier
County and would not allow for monies to be used to operate and
maintain our existing primary flood control system for our
community. Now, that's the outline of the basic changes proposed in
the bill, and the incomparable Amy Patterson and myself are
available for any questions you may have on the bill contents or other
impacts.
COMMISSIONER SAUNDERS: Madam Chair, I know this
was put on the agenda by Commissioner Solis, but I needed to jump
in initially on a procedural issue.
The question for Mr. Klatzkow: I sit as the city attorney for the
Village of Estero that supports this. My law firm sits as the city
attorney for the City of Bonita Springs, and I have occasion to
participate in issues dealing with Bonita Springs. They support this.
My question is, am I in a conflict -- I understand I can -- even if
I'm in a conflict I can participate in the discussion. But my question
January 12, 2021
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is, do I have a legal conflict? My belief is that I do not, but that's a
question I think needs to be answered by the County Attorney.
MR. KLATZKOW: Do you have any financial gain to be
gathered by this decision?
COMMISSIONER SAUNDERS: No.
MR. KLATZKOW: Then you have no conflict.
COMMISSIONER SAUNDERS: All right. And then I know
this is Commissioner Solis' issue. I do have some comments in
reference to this after he's completed whatever introduction he has.
COMMISSIONER SOLIS: Well, this is actually put on
here -- this one is by the County Manager's Office. But I think it
goes to the agenda item that I brought up last time.
You know, given the language that's in the -- in the bill, I don't
know how else to say it other than there is -- there's too much gray
area, I think, in there, and some of it sounds inconsistent, and I think
that we need to take a position that we don't support this as written,
certainly, and ask our legislative delegation, you know, to further that
cause. I just don't see that anything good comes to Collier County
from changing the boundaries of the basin without having a lot more
clarity in terms of the governance, the way that the funds are going to
be used, and all of the issues that Mr. Mullins brought up.
CHAIRMAN TAYLOR: Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes. I -- in a brief review of
the proposed bill, I think with a little bit of clarity, we can move
through some of these -- some of these perceptions of lack of clarity,
necessarily.
I mean, with a little -- with a little bit of direction from this
board, we can actually make our recommendations to suggest the
adjustments to this bill so that we can have some uniformity. It's -- I
mean, it's a little bit cumbersome when they start talking about
50 percent of a jurisdiction within a particular bound of a hydrologic
January 12, 2021
Page 73
survey that none of us have actually seen. But once -- once -- I
think, generally, I'm in support of the inclusion of this -- of this area
into our basin. And, again, it's just an accounting process.
They start off by segregating -- it's similar to when we merged
the Big Corkscrew Regional Fire Department in North Collier -- into
North Collier. They kept the millage rates independent for the two
original jurisdictions and then over a period of time, things became
melded and blended together.
So I think segregating that now is a good -- is a good idea, and
then as we move through the process, you know, it's just a simple
accounting methodology in order to take care of the projects that are
brought forward, and Collier continues to take care of its projects,
and Lee, Estero, and such, who are included in this, take care of their
projects, and -- but they have more say-so over what's, in fact,
transpiring, so...
CHAIRMAN TAYLOR: Commissioner Saunders.
COMMISSIONER SAUNDERS: Thank you.
A couple things. The staff recommendation, it sort of indicated
taking a position in opposition to this, and I think that would be a
mistake.
The -- you've got Senator Ray Rodriguez that's filed the bill.
Senator Passidomo isn't going to want to be in a conflict with Senator
Rodriguez over something of this nature. That puts -- that will put
our senator in a rather difficult position, plus she represents large
parts of Lee County. So I think our position should be that we are
supportive of the expansion of the boundary, and I'm going to give
you a reason -- a couple reasons why -- and that we direct our staff or
a member of the Board, however you want to do it, to make sure that
a couple issues are covered appropriately for Collier County.
The main issue is governance, as was indicated, a minimum of
five members up to, I think, nine.
January 12, 2021
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MR. MULLINS: It just specifies that the Governor has to point
five members, but then you will have a sixth member that is a board
chair that comes from the district governing board.
COMMISSIONER SAUNDERS: Right.
And right now those members can come from Collier or Lee
Counties. The key point in the bill that money raised in Collier
County stays in Collier County. Money raised in Lee County stays
in Lee County. So, we need to address the governance issue. I
don't think it's addressed as effectively in this bill, as Commissioner
McDaniel pointed out, as it could be. I think that's the primary
concern that we would have.
A reason for supporting this, this came up a couple years ago. I
met with Nick Casalanguida at that time, and I said, what would be
the county's position, in your mind, on expanding the boundary?
And his initial response was -- again, assuming governance was taken
care of, assuming the appropriation of funds was taken care of. His
response was, Collier County needs more water for certain
areas -- the Corkscrew Swamp Preserve was one of those areas that
he was talking about -- and would be supportive of an expansion of
the boundary to get more water management projects in Lee County,
not only would benefit Lee County but would benefit Collier County.
So, I think there's a lot of good reason for supporting the expansion,
but we need to come up with a mechanism to deal with the
governance issue.
CHAIRMAN TAYLOR: Commissioner LoCastro.
COMMISSIONER LoCASTRO: I have some real concerns
about doing something extremely aggressive to change the Big
Cypress Basin boundary. I, too, have some unanswered questions.
Governance, as Commissioner Saunders said, is top on the list.
It's great to say five members, but then it becomes a land grab or a
seat grab.
January 12, 2021
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I wouldn't vote for this for or against because I'm worried about
the relationship between Senator Passidomo and somebody else. I
mean, I understand the positives and negatives there, and I'm not
disparaging that comment in any way. But we're here to look at how
this benefits or doesn't benefit Collier County. We want to be good
stewards of water, and we want to have partnerships with other
counties, but it sounds like the staff has some reservations
and -- correct?
MR. MULLINS: If I can just clarify. Staff is just trying to
point out the technical deficiencies in the bill --
COMMISSIONER LoCASTRO: Right.
MR. MULLINS: -- as filed. This bill, in all likelihood, will
never see the light of day. It will be replaced by a committee
substitute or a delete-all amendment in its first stop because, clearly,
this can't be what the sponsor or Lee County intended. It's just
technical deficiencies, and that's all that I am pointing out. I am
not -- staff is not taking a position. In fact, staff lives in southern
Lee County, so I'm being very careful not to take a position.
COMMISSIONER LoCASTRO: Oh, so you're very biased?
No. No, and that's a great point. But I think those technical
deficiencies, we can't assume it's going to be dead on arrival. We
have to assume that it could pass as-is. So, we can't sort of not do
our due diligence because it -- you know, because history shows this
probably won't float.
But having said that, the technical questions that you brought up
are very valid. The governance question that Commissioner
Saunders brought up, extremely valid because in the end we better be
careful what we wish for.
This has been a real positive for Collier County, so before we
sort of, you know, share the love and share the wealth and the water
and all that, which can be a great thing -- I'm not shooting it down -- I
January 12, 2021
Page 76
just want to make sure we really do our due diligence. And you -all
have, so I don't -- I want to just make sure we don't speed here, you
know, and get out ahead of our headlights and then have somebody
from a different county do an end-around on us to have this be a great
deal for them and either a push or not as good of a deal for us.
MR. MULLINS: And I could clarify further: Staff, typically,
on a legislative matter, won't hit the panic button until we see the
companion bill filed, and that's what was just filed yesterday. And
usually if those two items, if those two bills, the House and Senate
bill, are different in nature, well, then there's some wiggle room and
you know somebody's going to have to come to an agreement
somewhere down the pike and get those two language documents
lined up.
In this case, both are filed identically, so that tells me that this
is -- this is a bill that's going to move, this is a bill that will probably
be moved shortly, and that's why we came to you looking for a
position, whatever that position may be.
CHAIRMAN TAYLOR: Commissioner Solis.
COMMISSIONER SOLIS: Yeah, and maybe I need to
rephrase what I was saying. I think there are probably revisions to
the bill that would solve these issues, right, that we could a ll be okay
with.
My reservation is taking a position that says we're not opposed
to this but we would like some changes as opposed to saying, this is
not acceptable without some changes, right? I think it sends a
different message, and it's less likely that, as Commissioner LoCastro
just pointed out, that if the identical bills have been introduced, I
mean, we might end up with this. I mean, it seems like a distinct
possibility.
So I think it's just what's the strategy for ensuring that these
ambiguities are addressed in the best way, and I think if we send that
January 12, 2021
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message -- not that we're just against it, because that's not what I
meant to say, but that we're very concerned that it needs to be, you
know, wordsmithed a little bit and make that clear to o ur legislators,
then they can do the work of -- that's their job, to work it out.
CHAIRMAN TAYLOR: Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes. And, you know, it's all
in the words in how you say what you say. I don't -- and I'm glad to
hear that you say -- I think I heard you say that you're generally in
support of the pretense of the inclusion of the additional lands into
the basin. I think it meets a lot of the goals of what our community,
in fact, is looking for with regard to water quantity. I'm not sure that
it actually addresses the water-quality issues at this particular stage,
which need to be addressed at some stage.
But I would like to suggest that maybe -- and I don't know. As
opposed to us shooting in the dark -- I mean, you've heard all of us
basically make comments with regard to this. That we come back
with some -- staff come back with some formal recommendations,
wordsmithing, as has been suggested, with regard to the concerns of
the governance, terms, locations, and such, so that we can more
solidify the Board's position on the actual bill.
We all know that these proposed bills move through committees
and debate and adjustments. So, we're looking at something that
isn't -- we're not -- this isn't going to be what they actually submit
through. So I think a global position with the representation of the
Board's concerns, a global position of support with the
representations of the -- of the blush of the Board's concerns
regarding this would help give direction to our legislators to
bring -- make some adjustments and bring back something that we
can all look at and be kind of happy with.
MR. MULLINS: And to your point, the House bill was just
filed yesterday, so it hasn't received its committee routing yet. The
January 12, 2021
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Senate bill just had its routing posted last night, and it's assigned to
three committees on the Senate side before it goes to the House floor.
CHAIRMAN TAYLOR: Commissioner Saunders.
COMMISSIONER SAUNDERS: Thank you.
Okay. So, I agree with Commissioner McDaniel. I think the
assumption that we have to make, quite frankly, is that this legislation
will likely pass. You've got a House member that's filed it, a
senator's filed it. It's rather local in nature. It only affects
Southwest Florida.
Obviously, it affects the Water Management District in the sense
that those dollars that are now being raised in Lee County that are
being spent over on the East Coast, those dollars are going to be
redirected to Lee County. So, there is an impact on the Water
Management District, but so I can tell you the legislature's not going
to be particularly concerned about that. This legislation, if I had to
bet one way or the other, I would bet that this will pass in one form or
another.
We're in a better position if we let our lobbyists know, let
Senator Passidomo know, and Senator Ray Rodriguez know that we
have some issues with it. We're not opposed to the concept, but we
want to make sure that there's no negative impact on Collier County.
The way we do that is we deal with the governance issue. The bill
already deals with how the money's going to be spent and which
county it's going to be spent, but we just need to make sure that
governance is appropriate so that we're protected.
So, for example -- I'll just throw out an example. Let's say that
there's $3 million raised in Collier County. Well, we should say that
members of the governing board that are from Collier County
determine how that money is spent, not members from Lee County.
We could set that up so that there are three members from Collier,
three members from Lee. Collier makes the decisions on everything
January 12, 2021
Page 79
spent in Collier. Those three make the decision on everything that's
spent in Lee. If there's a project that benefits both counties, then the
six of them can work that out.
But there's a way to deal with governance that protects us. But
I think we're in a better position being supportive of this than trying
to say, well, we're not supportive of this unless. Because, quite
frankly, we would be the tail trying to wag the dog here. And, you
know, Lee County has been pushing this for a long time. They've
got a House bill and a Senate bill, and I think it's likely it's going to
pass. So, I think we need to work with it and not try to work against
it.
CHAIRMAN TAYLOR: I am meeting with the Senator
Rodriguez this coming Wednesday, so I think we need to be very
clear what we want up here because I'd like to convey it to him. And
I really appreciate your three points, and I think I would ask you, sir,
to go through those again, the concerns the staff has, just briefly if
you could.
MR. MULLINS: Sure, sure.
CHAIRMAN TAYLOR: It's more than governance.
MR. MULLINS: Board representation, which is the first one,
because the allocation of the seats has not been made between the
five seats that are delegated to Lee and Collier Counties in the
district.
The basin boundary, which looks like it may have just been a
calculation error on their part because, as it's currently structured, Lee
County would not be a member of the basin administrative boundary.
And ad valorem, which is not taking into consideration operations
and maintenance costs; it's saying that all funds raised via ad valorem
in the county have to be used for projects. And that those are the
three main sticking points.
CHAIRMAN TAYLOR: Okay. So with the agreement of this
January 12, 2021
Page 80
board, I'd like to be able to work with Mr. Mullins and deliver that
message to Senator Rodriguez, but I'd like to be very careful about
what we say, so I will turn to Commissioner Solis to see if we can
make a motion about this whole understanding, if there is consensus,
that we will ask for these three areas to be addressed as this bill goes
through the process.
COMMISSIONER SOLIS: And maybe I can rephrase it again.
And so, I would make a motion that we direct our Chair to -- and our
legislative delegation to -- let me back up. Let me start over.
I think first we should take -- staff needs some direction. So the
motion -- the first motion would be that we take a formal position
that while not against an expansion necessarily of the district
boundary, that we have some significant concerns about these three
issues that need to be addressed, and we direct our staff to convey
that through the right channels. So that's one motion.
And then the second motion would be that we -- that our
chairman be directed or allowed, or whatever the proper phrase
would be, to discuss these issues and provide that position to Senator
Rodriguez.
COMMISSIONER SAUNDERS: If you'll consolidate that into
one motion, I'll second it.
COMMISSIONER SOLIS: Okay. I'd leave the motion.
COMMISSIONER LoCASTRO: I had my light on. I just
wanted to add something, and maybe simplify what -- I mean,
Commissioner Solis said something earlier that I thought was spot
on. And I know he's trying to summarize it and try to get to some
sort of, you know, a motion here.
But I think there's basically two ways to approach this. We
approve but. We disapprove unless. I'm more of the we disapprove
unless, because I think when you say we approve but, it's too soft,
and these are big things that you've brought out here. I think the
January 12, 2021
Page 81
approach is similar, but it's not the same. It's not the same.
So, I like the stance of we -- on face value we understand the
advantages, but we disapprove because. We disapprove unless. I
think you get much more air speed from the folks that are willing to
make the changes than saying, yeah, we approve, there's a couple of
things in there, if you guys would work on it.
We basically have come online saying we approve and, you
know, earlier Commissioner Solis said something -- that's what made
me sort of think of it. Maybe you weren't really packaging it like
that, or maybe you were. But I just think there's -- you know, it's a
similar approach but a more forceful way of saying, we disapprove
because. We disapprove unless, and then we make those motions
when it comes to governance and those -- those adjustments, and then
it comes back to us and we say, great, you did exactly what we
wanted. Now we approve how it sits.
So, it might be semantics but, in my opinion, it's not. I think it
sends a totally different message to get what would be advantageous
to Collier County and the taxpayer.
CHAIRMAN TAYLOR: Commissioner Saunders.
COMMISSIONER SAUNDERS: Just, procedurally, we do
have a motion and a second, so we need to dispose of that.
CHAIRMAN TAYLOR: I think it's -- well, we do, but I do
think the approach is critical, so I would -- I would ask -- we have
two ways of doing --
COMMISSIONER SAUNDERS: I'll withdraw the second to
the motion, if you want to --
CHAIRMAN TAYLOR: All right. So I think -- what I think
we're looking at, and for the public whose eyes are crossed right, now
this is critical, because we're trying to move forward to an area that is
intercounty -- intra county, and it obviously is going to go before our
legislators, and clearly -- the fact that there are two bills already
January 12, 2021
Page 82
drafted on wording that we're not happy with, clearly the power is
there. So, we need to be -- proceed very cautiously and carefully as
we go forward.
So, do we come and say -- do we approve unless, or we don't
approve until you do something, or how do we approach this? Can
we word this so that -- the message that I deliver. Commissioner
Solis.
COMMISSIONER SOLIS: Well, I was trying to word
it -- because I understand Commissioner Saunders' understanding of
the legislative process. Obviously, there is some writing on the wall
if the same bill has been introduced on both sides.
So -- and I fully appreciate that we need to be careful, you
know, creating some conflict between, you know, our legislators
locally.
So I'm trying to craft something that both addresses the
commissioner -- Commissioner Saunders' concerns and
Commissioner LoCastro's by saying that while we're not -- while
we're supportive of an expansion of the district boundary, we can
only support it -- we can't support -- well, however I said it before. I
don't want to change the motion again. Why don't you -- you know
what I'm saying? While we're not against necessarily the expansion
of the basin board, of the basin boundary, we have some concerns
and can't support this --
CHAIRMAN TAYLOR: As written.
COMMISSIONER SOLIS: -- as written because of these three
issues.
MR. MULLINS: If staff could --
COMMISSIONER SOLIS: Can we work that out? That's
all -- I'm trying to send the message --
MR. MULLINS: Yeah. If staff could make a recommendation
that perhaps you encapsulate it as the Board does not support the bill
January 12, 2021
Page 83
as written unless and until these three -- and we would delineate those
three -- circumstances are met to address your objections.
CHAIRMAN TAYLOR: Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes, yes, yes. Thank you.
I don't -- I don't concur with the ultimatum that Commissioner
LoCastro put forth. I think, in precept, in concept, we are generally
in favor of the thought process. I think, in concept and precept, we
can make these adjustments quite peacefully. I think, in concept and
precept, we can support the bill -- the premise of the bill, and then
accept or reject once we actually see the final language. We always
have that right to come back.
But, again, when Commissioner Solis brought up and staff
brought up these concerns, these things are almost ministerial, almost
administrative. This isn't that difficult of a process, and I would
rather we, in precept, accept or pass along our approval in concept,
and then with these delineated issues, please address these issues,
bring that back to us, let us have a look at it. We can have another
talk. Session's not until?
MR. MULLINS: Well, you have interim committee weeks in
which bills can advance four of the next five weeks, and that leads up
to the start of the legislative session.
CHAIRMAN TAYLOR: We need to move -- moving on here.
COMMISSIONER McDANIEL: I understand. But you didn't
answer my question. We have until?
MR. MULLINS: You have until the bill makes an agenda,
which could be as early as the next interim committee week.
Agendas have to be posted seven days in advance at this point, so we
will start to hear about bills for the next committee week shortly.
This week's committee weeks have already been posted.
CHAIRMAN TAYLOR: So, Mr. Mullins, repeat again --
MR. OCHS: Hold on. Hold on. Excuse me, ma'am. I don't
January 12, 2021
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think we totally answered Commissioner McDaniel's question. I
think he's asking when is it over --
COMMISSIONER McDANIEL: When's the timeline gone
past for us to have any kind of an opportunity to have submission
adjustments --
CHAIRMAN TAYLOR: Wednesday.
COMMISSIONER McDANIEL: -- on the proposal?
MR. MULLINS: If you don't weigh in at the outset of the bill
traversing through the process, the session goes from March 2nd
through mid May.
COMMISSIONER McDANIEL: Correct. And we're
weighing in right now, so I think that concept isn't really up for
discussion. So the bottom line here is the motion that was made and
seconded and then withdrew gets us to a point where we're, in
concept, accepting or in approval of the premise with expression of
concern about these particular areas, and we're weighing in today,
correct?
MR. MULLINS: Correct.
CHAIRMAN TAYLOR: Okay. So, Mr. -- Commissioner
Saunders, Commissioner LoCastro, and then back to Mr. Mullins.
COMMISSIONER SAUNDERS: Yeah. I don't know if
Commissioner Solis' original motion is still active. I'm assuming
that he is, because he didn't withdraw it yet.
COMMISSIONER SOLIS: No, that's still the motion on the
table.
COMMISSIONER SAUNDERS: I seconded it because I think
that's the appropriate way for us to go. I withdrew the second so we
could have the discussion. I didn't want it to be just, okay, a
procedural matter, I've made the second. I'm now going to second
the motion. And I don't know if it needs to be restated. I think we
all understand what the motion is. It's consistent with what
January 12, 2021
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Commissioner McDaniel had indicated.
CHAIRMAN TAYLOR: No.
COMMISSIONER SAUNDERS: It puts us in a more positive
way of in terms of we're not opposing this process, but we have
concerns, and commissioner -- our chairman is going to meet with
our representatives, probably as well as our lobbying firm, to express
those so we can start working on those issues.
The real issue is -- really, the governance issue is really the
concern. Whether it's 40 percent or 50 percent, that's a Lee County
problem. That's not our problem. So, it's really -- there's really two
issues. The ad valorem issue as well as the governance. I don't
think we have any control over the ad valorem tax issue. I really do
think it's governance. But we've got those three issues listed, and
I'm seconding the motion.
CHAIRMAN TAYLOR: All right. Commissioner LoCastro.
COMMISSIONER LoCASTRO: As we all tried to wordsmith
a motion up here, I actually think the most eloquent words in the
room concerning this particular topic is what you said before where
you were trying to summarize -- and I don't know if you can
remember, but I'd really like you to restate -- it wasn't necessarily
your recommendation, but you were summarizing what we were all
saying, and I really think the way you said it was the most eloquent.
And so I don't know if you can repeat those words, Mr. Mullins,
as far as, you know, we're agreeing, we're disagreeing, but it was -- I
thought it was perfectly put, and I would hope it actually met all of
our expectations here, but, for the sake of us hearing your eloquence,
could you restate that.
MR. MULLINS: I'm not 100 percent sure that it encapsulates
everyone's view up here, but I will try to repeat it as I put it out the
first time. That the Board opposes the bill as currently written unless
and until objections are met dealing with the three major topics that
January 12, 2021
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were outlined to you previously.
CHAIRMAN TAYLOR: Okay. That's short but sweet. So,
we have an alternative. But right now we have a motion on the
floor.
Commissioner Solis, do you agree with Mr. Mullins' wording or
would you --
COMMISSIONER SOLIS: I'm going to stand with my motion.
CHAIRMAN TAYLOR: Okay. Okay.
COMMISSIONER LoCASTRO: Can that be re-summarized
just for the sake of the record and all of our memory?
COMMISSIONER SOLIS: I'd have to have the court reporter
read it back.
COMMISSIONER McDANIEL: I was going to say, somebody
roll the tape. We have a whole bunch of memory going on here.
We don't have to roll the tape. We all know what you said.
COMMISSIONER SOLIS: I think it -- Commissioner
Saunders summarized it well again. I mean, we're conveying the
message that there are issues with this that need to be addressed.
We're not necessarily against the concept of expanding the basin
board.
COMMISSIONER SAUNDERS: And the Chairman's going to
carry that message.
COMMISSIONER SOLIS: Correct.
CHAIRMAN TAYLOR: Correct. And you agree to the three
significant concerns as --
COMMISSIONER SOLIS: Yes.
CHAIRMAN TAYLOR: -- outlined by Mr. Mullins.
COMMISSIONER SOLIS: Yes.
CHAIRMAN TAYLOR: All right. Okay. So that's the
motion on the floor, and there's a second to it.
COMMISSIONER McDANIEL: It's been seconded.
January 12, 2021
Page 87
CHAIRMAN TAYLOR: Yep. Go ahead.
COMMISSIONER SOLIS: Are there any other concerns from
staff that we need to hear about now?
MR. OCHS: No, no. We're good.
COMMISSIONER SOLIS: Okay.
CHAIRMAN TAYLOR: All right. Motion on the floor and a
second. All those in favor, say aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN TAYLOR: Those opposed, like sign.
(No response.)
CHAIRMAN TAYLOR: It carries unanimously. Thank you.
Thank you, Mr. Mullins.
MR. OCHS: Commissioner, if you'd allow, our office,
including John and either Dan or I or both, would like to accompany
you to that meeting with --
CHAIRMAN TAYLOR: I would very much like that.
MR. OCHS: -- Representative Rodriguez.
CHAIRMAN TAYLOR: Thank you. And, by the way, he is
coming here.
COMMISSIONER LoCASTRO: Hold us down, Penny.
CHAIRMAN TAYLOR: No, he's coming here, which I was
quite impressed. I made an offer to go to his office, and he is
coming here.
COMMISSIONER SOLIS: Oh, good.
COMMISSIONER LoCASTRO: Great.
Item #11D – Moved from Item #16F4 (Per Agenda Change Sheet)
January 12, 2021
Page 88
THE USE OF INDIVIDUAL IMPACT FEE RATES,
CALCULATED FOR THE PROPOSED ULINE FACILITY AT
CITY GATE, IN ACCORDANCE WITH THE PROVISIONS OF
SECTION 74-202 (k) OF THE COLLIER COUNTY CODE OF
LAWS AND ORDINANCES – APPROVED
MR. OCHS: Commissioners, that moves us to Item 9D -- no,
excuse me, 11D which was previously Item 16F4 on your consent
agenda. This is a recommendation to approve the use of individual
impact fee rates calculated for the proposed Uline facility at City
Gate in accordance with the provisions of the Collier County impact
fee ordinance.
Ms. Patterson will make a brief presentation.
MS. PATTERSON: Good morning, Commissioners. Amy
Patterson, for the record. I'm the Director of Capital Project
Planning, Impact Fees, and Program Management, and I appreciate
the opportunity to talk to you a little bit about this item.
I'm just going to walk you through the process quickly, and then
I can answer any questions that you have.
So just as an overview, we all know impact fees provide funding
for growth-related capital infrastructure, things like roads, schools,
parks, EMS. We have 12 individual impact fees in Collier County.
Development is required to contribute its fair share of the costs
of providing needed public facilities related to that growth; however,
impact fees may not be collected in excess of the amount that's
reasonably anticipated to fund those improvements and the amount
that's attributable to the new development. So that's that maximum
legal limit that we talk about in the impact fees to ensure that we're
not double charging or overcharging new development and impact
fees are not used for operations and maintenance.
January 12, 2021
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So when we're looking at our impact fee schedules -- like I said,
we have 12 individual impact fees here in Collier County but,
typically, we look at the Institute of Transportation Engineers.
You'll hear it referred to as ITE. Their trip generation manual
contains data on more than 176 land uses. Our road impact fee
schedule contains 57-ish of the most common land uses. So you'll
see things on our rate schedules like retail, office, fast food, fine
dining, residential; we have several categories. There are more
obscure categories that appear in ITE that can be used but, obviously,
having a schedule of impact fee rates with 176 uses is unwieldy.
So correctional facilities, EMS, government buildings, and law
enforcement impact fee rate schedules mirror the road rate schedules
using the same land uses, and they also utilize some data that comes
from ITE in their individual methodologies.
For most of -- uses that are not contemplated under the adopted
rate schedules, we're talking things outside of the normal. There are
options within the code of laws, which is where our impact fees
ordinance resides, to assist with the proper assessment of impact fees.
The first is called an individual calculation. I've referenced the
code provisions there, if you're interested in that. This option is
often utilized for land uses that are included in ITE but do not appear
on the adopted impact fee schedules. So, it might be a special kind
of retail. It may be a different type of manufacturing facility. You
can imagine, there's lots and lots of uses in ITE, but there's data there
to support these.
The second is called an alternative fee calculation. And,
typically -- again, the code provisions are cited there. This is
different than the individual calculation because it's often utilized for
land uses that are not included in ITE, that don't appear on our
adopted impact fee schedules, or make -- or have characteristics that
make them substantially different and, thereby, the applicants often
January 12, 2021
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feel that they are -- that a lower impact fee rate is warranted.
We've done many of these in Collier County dating back years
and years, things that are unique. We have a category that is fast
food without breakfast. That doesn't appear in ITE. Taco Bell used
to be that category, so that's just an example.
We have a luxury auto sales. Here in Collier we have a lot of
fancy car and car dealerships, but ITE doesn't delineate out the
different types of car dealerships. So, we've actually had consultants
go and go through a pretty exhaustive process under the methodology
prescribed by our ordinance to study these land uses and develop
those alternative rates, and they have to be approved by the Board.
CHAIRMAN TAYLOR: Excuse me for one second just on
that question.
MS. PATTERSON: Sure.
CHAIRMAN TAYLOR: Just that. Why would you look at a
different rate schedule for luxury cars versus the cars that I drive?
MS. PATTERSON: So when the study was conducted -- and it
actually has been -- has been revised and looked at multiple times
before it ended up on our fee schedule -- the idea was luxury auto
sales generate a lower trip generation than, say, a Ford dealership.
There's not as many people that visit -- even though this is
Naples -- and we actually sent the consultant out that did this work to
go and study these sites, other places besides Naples, just to be sure
that it wasn't some kind of anomaly and to make sure that that dataset
was complete. But they actually generate less demand than a regular
car dealership. And no offense to the regular car dealership, but
there's a difference between a Ferrari dealership and a Ford
dealership and the amount of traffic they generate.
CHAIRMAN TAYLOR: Thank you.
COMMISSIONER SOLIS: A lot more people are looking at
the Grand Marquis than the Ferraris.
January 12, 2021
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MR. OCHS: With the landau roof.
COMMISSIONER SOLIS: With the landau roof. I can
personally attest to that.
COMMISSIONER LoCASTRO: He drives a Grand Marquis.
CHAIRMAN TAYLOR: I know he does.
MS. PATTERSON: So, these are just some examples of where
we've used these different types of calculations. So, for the
individual calculations, we used food cart pod, actually, recently for
the Celebration Food Truck Park over on Bayshore.
Coincidentally -- we were really struggling with that calculation, and
lucky for us in a new manual, a new version of ITE, they actually had
a land use come into the manual that addressed these food truck
parks. It's becoming really popular, apparently, all over the country.
In the past we looked at cemeteries. It's not a land use that we
have. You know, there's not a lot of cemeteries being built, but w e
did have a new cemetery come into Collier County years ago. It is
an ITE category. We don't have it on our rate schedule, so that was
another one.
We're currently talking about, this is a mouthful, but the high
cube transload and short-term storage warehouse. And also,
currently, we're working on a miniature golf course, which is not on
our rate schedule, but it is in ITE.
Now, when we talked about those alternative calculations, I
mentioned a few of these already. Fast food without breakfast,
luxury auto sales, dance studio/gymnastics was a pretty big deal years
ago trying to fit people someplace between some of the industrial
categories and retail looking for that place where you put people that
have these little studios or small parks. Self-serve car wash now
appears on our rate schedule, but it actually arose out of an
alternative fee calculation. And then the Naples Daily News, when
they relocated their headquarters, actually conducted an alternative
January 12, 2021
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fee calculation for their site up at Creekside.
So the proposed Uline facility that we're talking about today is a
940,000-square-foot-ish -- we don't have the exact square footage at
this time, but it's going to be there at that million -square-foot
threshold -- located in close proximity to I-75.
When Uline started having a conversation with us about their
impact fee calculations, they also provided us data from another
Uline regional facility where they analyzed specifically some
components to do with truck traffic and the interstate, and there's a
separate ITE study supporting adjustments for interstate truck travel
which relieves demand on county roads.
So Uline requested a review of the land use and the impact fee
calculations based on their experience in other jurisdictions, and due
to our provisions of the ordinance, obviously, that was something that
we were interested in as well.
So due to the size and the characteristics of this proposed
development, our land uses on our rate schedules likely would result
in an overcharge, and that's why we felt that this was something that
needed to happen.
So, I'll tell you how it happened from there. So, what we're
doing is we're utilizing data from ITE for land use and for truck travel
analysis. This was calculated and is recommended by our impact fee
consultant who has developed our entire rate schedule, so it's
consistent with our adopted impact fee methodology as well as our
code provisions that allow applicants to move through these types of
processes.
It provides rates that are equitable, and they're reasonably
attributable to the demand that will be created by the new facility.
And another important fact is we have to treat people -- other
applicants the same way. So should we be so lucky as to attract
another facility of this type in proximity to the interstate, this is a use
January 12, 2021
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that we would -- this is a land use and rate schedule -- or rate that we
would contemplate using for something like that.
With that, if you have any questions.
CHAIRMAN TAYLOR: Commissioner McDaniel.
COMMISSIONER McDANIEL: Prior to the review or the
request by the applicant to review the impact fee structure, what
was -- what were the impact fees going to be?
MS. PATTERSON: I have a comparison chart we can put on
the visualizer, but we originally looked at the warehouse rate as being
the closest similar land use on our adopted rate schedules. Under
that scenario, the total impact fees were calculated at just over a
million eight. Under the new high cube transload rates, it's just
over -- slightly over a million. So, it's a difference of about
$800,000. I'll put this on the visualizer.
COMMISSIONER McDANIEL: Okay.
MR. OCHS: Go ahead. Thank you.
CHAIRMAN TAYLOR: Thank you.
MR. OCHS: Here's the bottom line, right?
MS. PATTERSON: Yeah, the very bottom square. And
there's a note. This doesn't include, which is highlighted in your
executive summary -- this does not include water, sewer, or fire,
because those demand -- those impact fees, their demand is driven
differently than by a land-use type of function. They are tied to
meter sizes and then just simply square footage for fire.
COMMISSIONER McDANIEL: That's how -- and we
calculate -- forgive me. We calculate those irrespective of the use.
It's all on the demand side.
MS. PATTERSON: Correct. It splits by residential and
commercial and simply just tied to meter sizing or square footage.
COMMISSIONER McDANIEL: Sure.
CHAIRMAN TAYLOR: Thank you. I'm satisfied. Any
January 12, 2021
Page 94
other questions? Any discussion on this?
(No response.)
CHAIRMAN TAYLOR: All right. I'd like to make a motion
for approval.
COMMISSIONER McDANIEL: Second.
CHAIRMAN TAYLOR: All those in favor, say aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN TAYLOR: Those opposed, like sign.
(No response.)
CHAIRMAN TAYLOR: It carries unanimously. Thank you.
MS. PATTERSON: Thank you.
CHAIRMAN TAYLOR: Thank you very much. Well done.
MR. OCHS: Thank you, Amy.
MR. OCHS: Commissioners, that moves us to Item 14B1
under the Community Redevelopment Agency.
Mr. Klatzkow, should we convene the CRA board at this point?
MR. KLATZKOW: Yes.
MR. OCHS: You happen to be the co-chair of the CRA board,
you and Commissioner McDaniel.
COMMISSIONER McDANIEL: You've got the gavel. Just
go ahead.
CHAIRMAN TAYLOR: You want me to?
COMMISSIONER McDANIEL: Unless you want me to.
CHAIRMAN TAYLOR: Let it be known that the CRA board
is now -- the CRA meeting is now in process.
MR. OCHS: Thank you.
January 12, 2021
Page 95
Item #14A1
AN ECONOMIC INCENTIVE TO P6NE, LLC FOR THE
REDEVELOPMENT OF TWO PARCELS LOCATED IN THE
BAYSHORE GATEWAY TRIANGLE COMMUNITY
REDEVELOPMENT AREA – MOTION TO APPROVED OPTION
#2 – FAILED
MR. OCHS: Item 14B1 is a recommendation that the Board of
County Commissioners, acting as the Community Redevelopment
Agency Board, consider providing an economic incentive to P6NT,
LLC, for the redevelopment of two parcels located in the
Bayshore/Gateway Triangle Community Redevelopment Area.
Your CRA director, Deborah Forester, will make the presentation.
MS. FORESTER: Good morning, Commissioners. For the
record, Deborah Forester, CRA Director.
At the December 8th meeting, the Board reviewed the request
from P6NT to consider a tax increment incentive for the development
of the property located at the apex of the mini-triangle in the
Bayshore/Gateway Community Redevelopment Area.
At the meeting, the Board directed staff to draft an incentive for
consideration based on the increment generated from the hotel
component for a 10-year period. Today we are back to you with two
recommendations to consider. The first one is to deny the request
which staff still supports because the project has not demonstrated a
financial need, and there is no public benefit associated with this
project except for the development of the vacant property.
The second is to award a maximum incentive of approximately
$714,000 with conditions associated with that incentive. This would
be to reimburse the developer for impact fees and building permit
fees based on the hotel. And the $714,000 is the amount we've
January 12, 2021
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estimated based on that investment for the hotel component over a
10-year period.
We are also requesting that there be some performance
standards associated with this incentive; that the incentive would be
paid after the CO is received for this development at July 31st of
2023, which is what the developer has proposed that that will be
when it will be completed. If there is a delay in that completion,
there would be a penalty associated with the amount paid.
Also, that the approved Site Development Plan is what is being
implemented for that incentive. If there's any changes, we would
come back to the Board and let you know so there would be an
opportunity to decide that that incentive was no longer valid; and that
the developer would agree that there would be no annexation into the
City of Naples.
And with that, staff's available to answer any questions you may
have.
CHAIRMAN TAYLOR: I don't see any questions.
Well, I would like to probably start off by saying that I do not
agree to this. There is a -- I really have a problem with a developer
that comes forward and says in September that in order for the project
to succeed financially they're asking for a 50 percent tax increment
rebate and then not -- and refusing to supply the financial records that
says it needs this rebate to succeed financially. I think it's corporate
welfare at its worst, and I really can't support it.
MR. YOVANOVICH: Madam Chair, I thought, since we were
the petitioner, we would be given a moment just to speak. Is that
acceptable, or should I just sit down?
CHAIRMAN TAYLOR: I think we've heard from you, but if
you'd like to speak again, yes, absolutely.
MR. YOVANOVICH: If you don't mind. Okay. Thank you.
For the record, Rich Yovanovich on behalf of -- I guess I was
January 12, 2021
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the petitioner or applicant.
A couple of things: One, in reviewing your executive
summary, it's clear to me that Ordinance 2000-42 specifically
provides for an opportunity for a land developer within the CRA to
come in and request a financial investment from the county for the
project to move forward, and that's basically on the very first page of
your executive summary. And some of the incentives, and I think
Ms. Forester will agree, were specifically mentioned in her executive
summary as being authorized by the ordinance which adopted the
community redevelopment plan.
So, one of the questions was, was there a program for a property
owner to come in and ask for an investment by the county and the
project?
I disagree that we did not provide the information that was
requested. We provided what was asked of us, which was what was
the taxes that are going to be generated, what were the jobs that were
going to be generated, what were the final benefits to the county
investing in this project along with the developer. So I don't think
it's fair to say we didn't give the information that was requested.
We never said that this project could not go forward without this
investment of -- now it turns out to be 714,000. We agree with the
methodology used by your staff. We've never asked to be given
anything above and beyond that was previously given to the
neighbor, which was given a 50 percent incentive based upon all of
the development. We also agreed to the further limitation that it be
only on the commercial part of the project.
So, what we're asking you to do is to invest in the project. We
think that the $700,000 -- $714,000 investment will be more than
paid back by this project moving forward. We do request that the
Commission go with the second recommendation, which is the
reimbursement with the time frames that we had already agreed to
January 12, 2021
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and self proposed.
I'll kind of give you an update, the Site Development Plan -- one
of the things was amending the Site Development Plan. That's
already been reviewed and approved. So, we're close to getting
ready to close on the property, which was one of the other milestones.
This is basically the last step in that process for closing and moving
forward and breaking ground, and hopefully you will agree to invest
in this project.
And we're available to answer any specific questions that you
have regarding the project, and I appreciate your giving me a few
minutes to re-summarize where we were to correct that.
CHAIRMAN TAYLOR: I apologize that I jumped ahead of
you.
MR. YOVANOVICH: That's okay.
CHAIRMAN TAYLOR: So, you're stating that you never said
that you needed this money to have the project succeed financially?
MR. YOVANOVICH: We never said that this project will
not -- we're betting -- trust me, there's a chance this project won't
succeed. We're asking you to invest with us. We're going to spend
between 80 and 100 million dollars to build this project. We're only
asking you, after we deliver the CO, to reimburse, as your staff is
recommending, $714,000.
CHAIRMAN TAYLOR: You didn't answer my question.
You're saying you never said that in order for this project to succeed
financially you needed a 50 percent tax increment rebate?
MR. YOVANOVICH: We never said it was a make or break.
We had asked you to invest with us in this project.
CHAIRMAN TAYLOR: Could you please put this on the
visualizer.
MR. YOVANOVICH: I stand by that statement. There are
internal returns that the investors are expecting, and they are asking
January 12, 2021
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for that treatment. I think there's a distinction between whether or
not it will be profitable, but there is a risk that we will not be
successful, and we're just asking you to invest with us. And I said
that at the last meeting when I presented this petition, and I said that
to your staff when we talked about their follow-up questions,
Commissioner.
CHAIRMAN TAYLOR: But that's -- this is what you wrote,
not what you just said, and you have not provided us the financial
documents to determine whether it is true that you have to have this
money in order to succeed financially.
MR. YOVANOVICH: And, Commissioner, I met -- since this
letter, I have met with your staff to address their concerns, and I
presented to you what the issues were and what the request was.
This is -- this is -- we're asking you to invest with us, and that's all
we're simply asking you to do.
And if the phraseology came across that this was make or break,
I certainly clarified that with staff when I met with them and I
certainly clarified that at the last presentation. And if you took it as
make or break, that is not what was intended by those words.
CHAIRMAN TAYLOR: Ms. Forester, were you able to verify
the statement here in this letter that this project needed to succeed
financially with the contribution of the taxpayers' money?
MS. FORESTER: I'm going to ask Mr. Callahan to come up
and speak. I did not have a conversation with Mr. Yovanovich.
CHAIRMAN TAYLOR: Thank you.
MR. CALLAHAN: For the record, Sean Callahan, Executive
Director of Corporate Business Operations.
After reviewing the initial economic impact summary that was
provided by the petitioner, we did have further meetings, to which we
asked to see a pro forma of the commercial property.
So in the economic impact summary -- and I can get the exact
January 12, 2021
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numbers -- it does show revenues that were generated by the hotel
and never had the expenses that were associated, and that's really
necessary to demonstrate whether or not there's a financial gap in the
project to be able to succeed.
So we did structure the incentive as we were directed to at the
last meeting by the Board to bring it back for your consideration, but
I think as we said with our December 8th item, staff wasn't
recommending an incentive for this project.
CHAIRMAN TAYLOR: Thank you.
Commissioner McDaniel.
COMMISSIONER McDANIEL: Yeah. I'd like to clarify a
couple of things, if I may.
You can take that off the visualizer and go back to the previous
screen, please, and that is Options 1 or 2. I'd like to make a motion
for approval of Option No. 2 with a clarification. Who developed A
under C, No. 2CA, CO by July 23 or penalty applied?
MS. FORESTER: At the last meeting the petitioner did state
that they would be the first in the ground to be completed, and they
have that date in their proposal.
COMMISSIONER McDANIEL: Forgive me. Forgive me for
interrupting. Let me go ahead and finish. You might --
MS. FORESTER: So, we felt that to hold the project to a time
frame, it was important to put a penalty on if they did not meet that.
Of course, this would not apply if there was a national disaster or a
hurricane or anything. So, this would only -- if they do not meet the
date that they've stated both writtenly [sic] and on the record, that
they would have this finished by July of 2023.
COMMISSIONER McDANIEL: And I'm okay with a penalty.
I would like clarification of that language with regard to that so that it
is not discretionary after we -- assuming this board continues on
approving what we suggested the last time, I would like clarification
January 12, 2021
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about that penalty applied.
MS. FORESTER: Okay. We're proposing the 20 percent for
every month delayed.
COMMISSIONER McDANIEL: Is that what was proposed
before?
MR. YOVANOVICH: We had actually -- ours were set by
specific milestones. If we didn't deliver by that date, subject to force
majeure, we were not entitled to any. So, this -- we obviously
would -- this is actually better language than we had originally
proposed.
COMMISSIONER McDANIEL: With that clarification, I'll
make approval for -- I'd like to make a motion for approval of the
second recommendation.
CHAIRMAN TAYLOR: There's a motion on the floor. If we
don't have a second, the motion fails. We will continue with our
discussion. Is there a second to that motion?
COMMISSIONER LoCASTRO: I had a question, Madam
Chair.
CHAIRMAN TAYLOR: There's not a second to the motion.
The motion fails.
Yes, Commissioner LoCastro.
COMMISSIONER LoCASTRO: Well, I had a question for
Ms. Forester first before we took a motion. But I'll leave the
protocol to you.
But my question was, in one of my pre-briefs I thought there
was an issue with the 10-year period; that it actually goes past. It
would go to 2031. Did I miss something, that actually that 10-year
period would actually have to go to 2030 and it would be nine years?
Was there something I misread somewhere where that wasn't an
issue, that that 10-year period can actually hold and take them out to
2031? Did I miss something?
January 12, 2021
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MS. FORESTER: Well, what we're proposing right now,
actually, would pay the -- this reimbursement at the time the CO was
issued and we received repayment. The CRA would actually be
up-fronting the money prior to the total $714,000 being put into the
account. So, the -- probably -- I'm not sure if the 9- to 10-year
period -- we're estimating that that is done in 2023 -- 2033. So it
starts in 2023 and goes for the 10-year period after that.
MR. OCHS: Commissioner, if I could help there; the CRA
dissolves in 2030.
MS. FORESTER: Thirty, yes.
MR. OCHS: So that was -- the original staff recommendation
was if you were going to award this incentive, that we limit it to the
duration of the CRA. The Board said, no, we want to keep the
10-year incentive limited to the 50 percent of the commercial portion
of the project.
So that -- the 10-year will go beyond, right now, the end date of
the CRA, but it won't affect the deal.
COMMISSIONER LoCASTRO: Okay. And the second
question was, the performance standards that they're held to if we
went to No. 2. So, if we went to No. 1, then what are our guarantees
of them performing and on time? And, you know -- there's no
penalties from the incentive, so what would be our recourse, if we
voted for No. 1, to still hold them to, you know, the timeline and all
the things that No. 2 gives us more leverage over?
MS. FORESTER: Well, if we went with No. 1 and just denied
the incentive, I would assume that the developer will go forward, if
it's not required to have this incentive to make the deal go forward.
They've invested, I'm sure, a lot of money in getting the SDP
approved. The seller of this property also has invested money and
will be making a profit when he sells this property. So, I think there
is an incentive for them to proceed with their project, regardless of
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the timeline.
COMMISSIONER LoCASTRO: Okay. Thank you.
CHAIRMAN TAYLOR: Commissioner Solis.
COMMISSIONER SOLIS: Yeah. I think this is just, for want
of a better phrase, skinning the cat a different way, and I was against
it last time.
So, I can't support the motion. You know, these incentives are
for creating activity. The incentives -- the other piece was to start
something, which apparently it has, so I just -- I can't support it.
CHAIRMAN TAYLOR: Thank you. Commissioner
Saunders.
COMMISSIONER SAUNDERS: I'm going to withhold my
comments until there's a second. If there's a second, then I'll have
some comments. But if there's no second, then there won't be any
point.
MR. YOVANOVICH: Can I just add one point, if I can. We
had many more time frames or milestones that we had proposed that,
for some reason, staff is not including it in the time frames, and I do
want to kind of go over those again, because I think those are
important to, I think, Mr. LoCastro's questions regarding holding our
feet to the fire.
And we had originally proposed that we had to get a Site
Development Plan amendment for the program by -- I think we
changed it to March of 2021 because we'd had the one -month delay.
That's gone. We're still willing to meet those time frames.
We've agreed to get a building permit by June. I think it
switched to July 2021. We're still willing to meet those time frames.
We're willing to mobilize as we had originally said.
We had many, many more assurances in our proposal to stay on
track, or we got nothing from this. And we would be fine with
putting those back in, because I think one of the concerns, and what
January 12, 2021
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we wanted to assure, was this project would go forward, or we would
get zero dollars if we missed any of those time frames.
And with no disrespect to staff, there's no -- until there's a
closing on the property, there's no guarantee that this project is
moving forward. We're just asking you to help us after we've
delivered with this incentive, and we're hopeful that a majority of the
county commission could go with that and include back in all of the
time frames that we had so those incentives are there and our feet are
to the fire, to quote a phrase.
CHAIRMAN TAYLOR: Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes. I'm going to come
back around to the previous discussion, and I -- you know, one of the
things, Commissioner Solis, you said at the last meeting that I
concurred with was the lack of a policy by this board with these types
of investments. And I'm sure, serving on the TDC, that you're well
aware of the necessity for our community to attain long -term
economic sustainability.
Investments are not inappropriate. And I concurred with the
thought process of a lack of a policy by this board. It's almost on a
discretionary basis. Somebody comes and asks, and we say yes or
no based upon -- based upon whichever way we're feeling that day.
I would like to see us move forward with a policy so that we can
review these requests on a more consistent basis with less discretion
involved, knowing and understanding that these are, in fact,
investments back into our community. The jobs that are created, the
ancillary dollars that are created.
And I cited an example when I was speaking with a friend of
mine about this yesterday about the most recent FBU event that took
place out at Paradise Coast. We documented 2,000 room nights
from that -- from that venue alone. Our food truck was packed, our
bar was packed, the hamburger stand was packed. My daughter was
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my date that night when I went and visited the event, and so I went
up to another restaurant up on 951, Cracklin Jack's, and I was sitting
there, and three families -- three different families came in after my
daughter and I came to that restaurant. The second family -- the
third family was a mom and dad and a wad of kids.
And I asked the waitress when she came to wait on Kelley and I.
I said, are those folks from the FBU event? And she goes, oh, my
God, yes, they've been streaming in here all weekend long.
And so there, to me, was ratification of a very controversial
circumstance that we did for the benefit of our community,
year-round tourism, year-round jobs, year-round revenue streams,
TDC sales tax, sales tax, da, da, da, da, da.
And so, I don't find this request that objectionable knowing the
jobs that are created, knowing the additional revenue sources,
ancillary dollars that are coming to our community. And I would
like to -- I would like to move this forward, approve it, because we
basically did at a significantly higher level at our last meeting, and
our staff went through and really said, you know, we can't -- we can't
appropriate dollars that we're not entitled to, but I'd like to move this
forward and then work on -- at a future date, soon, a more consistent
policy for us to review these requests and look at it from -- from an
investment perspective.
It's called a rebate, but it's -- I perceive it more of an investment
of our taxpayers' money back into our community for long-term
economic sustainability that we direly need. This is a
nonconstruction-related industry that's bringing jobs. And they're
not all real high-paying salary jobs, but there is a portion of them that
are and, necessarily, all jobs are important, so...
CHAIRMAN TAYLOR: We have those incentives. We have
innovation zones. There are incentives, I believe, a whole structure
set out in the CRA which someone could apply. I think that's in our
January 12, 2021
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executive summary; isn't that correct, Ms. Forester?
MS. FORESTER: Well, currently, right now we have our
commercial improvement grants.
CHAIRMAN TAYLOR: Okay.
MS. FORESTER: And as identified in the executive summary,
we would look at some potential new incentives further down the
road since our redevelopment plan was adopted in 2019. So there
may be an opportunity to come up with some new incentives based
on specific criteria.
CHAIRMAN TAYLOR: And then I would remind everyone, if
you drive east on U.S. 41, that just past the Triangle in the two vacant
pieces of property, there is a white building, a two-story white
building on your left-hand side which a single person, Matthew
Kragh, is investing an inordinate amount of money not only to
improve the inside of that building but also to improve the out. He is
not here before us asking for money. Investment is going on in this
area. We do not need to give taxpayers' money to a developer
because he came and asked for it.
So, do we have a motion?
COMMISSIONER SAUNDERS: You have a motion. You
just don't have a second.
CHAIRMAN TAYLOR: Well, the motion failed. So do we
have a motion?
COMMISSIONER LoCASTRO: I make a motion for
Recommendation No. 2.
COMMISSIONER McDANIEL: Second.
CHAIRMAN TAYLOR: There's a motion on the floor and a
second. All those in favor, say aye.
COMMISSIONER LoCASTRO: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN TAYLOR: Those opposed?
January 12, 2021
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COMMISSIONER SOLIS: Aye.
CHAIRMAN TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN TAYLOR: Motion fails.
MR. YOVANOVICH: What was the number?
COMMISSIONER SAUNDERS: I voted no.
MR. YOVANOVICH: You voted no? Thank you.
CHAIRMAN TAYLOR: Thank you.
Item #15
STAFF AND COMMISSION GENERAL COMMUNICATIONS
MR. OCHS: Madam Chair, that moves us to Item 15, staff and
commission general communications. I have nothing new in terms
of communications for the Board this afternoon.
County Attorney.
MR. KLATZKOW: Nothing.
CHAIRMAN TAYLOR: Commissioner Solis?
COMMISSIONER SOLIS: Nothing other than to say Happy
New Year, Roll Tide, and also -- Roll Tide just to --
CHAIRMAN TAYLOR: You said that twice.
COMMISSIONER SOLIS: Roll Tide. Three's a charm.
CHAIRMAN TAYLOR: Who won last night?
COMMISSIONER SOLIS: No. And to -- you know, I think
we're in an unusual time in a lot of different ways, and I think it's
even more important that, you know -- and I'm going to commit to
what we started out with in 2016 and civility, you know, and to -- you
know, I hope we can all pledge to continue making decisions the way
we've done it. Disagreed, you know, vehemently at times, but do it
in a way that makes sure that we get to the best decisions we can, not
January 12, 2021
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that the best decision is always just my -- you know, my side,
although it usually is, but, you know, that we recommit to this when
we start this new year, because I think there's so much emotion and
so many things these days that I think if we keep that in mind, we'll
continue to do the job that the community requires in the way that
we've been doing it, which I'm very proud of, by the way, so...
CHAIRMAN TAYLOR: Thank you.
Commissioner LoCastro.
COMMISSIONER LoCASTRO: I was just going to say at this
meeting today we nominated or renominated different commissioners
to different, you know, committees and boards that are doing great
work and are extremely important.
But to any citizens that might be out there watching or, just for
the record, recently we put out a press release from the county of just
a plethora of different committees and organizations that are citizen
led. And so we have a lot of smart people in this community and
people who probably, you know, watch this -- these committee
meetings and, you know, give us their two cents and critique.
And sometimes it looks easy from the cheap seats if you're at
home. And I only say that to encourage citizens to get involved.
There's some of these committees that have had empty seats for a
while, have had the same people for a while, don't have a good
cross-session of people from different districts, so they might be
heavy with one district and not another.
So please do some due diligence and get on the website. I think
several of the commissioners up here, I know I have, shot out that
list, and on that list it's very detailed what the committee is and how
to apply, and several people shot notes back to me and said they
applied. So just encouraging citizens to get involved in local
government. It makes a difference.
CHAIRMAN TAYLOR: Thank you.
January 12, 2021
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Commissioner Saunders?
COMMISSIONER SAUNDERS: Just -- I agree with
Commissioner Solis. We've been able to work together for the last
four years and look forward to that working relationship where we
disagree from time to time, and that's what's expected. We just had a
3-2 vote -- or 2-3 vote on a motion that was one that we had
discussed quite a bit. It's okay to disagree. It's not okay to be
confrontational and argumentative, but it is okay, I think, to disagree,
and we've done that, I think, very effectively in terms of just making
sure we're doing the public's work without it becoming a screaming
match, and I congratulate the Board for that.
CHAIRMAN TAYLOR: Thank you.
Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes. I certainly agree as
well.
I would like to discuss briefly -- and I wanted to ask our County
Manager -- I mean, I know we're all getting barraged with regard to
requests for information on the vaccinations and that entire process.
Are we going to actually have an agenda item? I'm kind of surprised
that we don't today, because this isn't a new subject, and it's an
extremely frustrating process for the population that's seeking to get
vaccinated.
MR. OCHS: Yes, sir. Actually, I was -- that kind of queues
up the Chairman. We had had a discussion about that earlier in the
week, and she had indicated she wanted to have some dialogue with
her colleagues on this subject. So, if you don't mind, I'll just turn it
over to her.
COMMISSIONER McDANIEL: Yeah, just as a point, and
maybe you're going to say this. You know, it's -- I sense our
population's frustration. And there's certainly an enormous demand
with an extremely limited supply. One of the datasets that I looked
January 12, 2021
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at showed our -- we have folks north of 105,000 people that are 65
and above that are eligible for the vaccination. And the way that
they're -- the way that they're being distributed, you know, we have a
lot of limitations from a government perspective. You've got a
federally managed distribution system through the state agency, and
discretion as to who gets them is on a first-come, first-served basis if
you're in the residence of the state of Florida.
CHAIRMAN TAYLOR: No.
COMMISSIONER McDANIEL: There is -- yes.
CHAIRMAN TAYLOR: You can come from Montana. You
can come from New York. You can come from Canada.
COMMISSIONER McDANIEL: They're actually allowing it
for out-of-state residents as well?
CHAIRMAN TAYLOR: Yes. But that's not -- that's not --
COMMISSIONER McDANIEL: That makes it even more
frustrating.
CHAIRMAN TAYLOR: But we have no power here.
COMMISSIONER McDANIEL: I understand that. And that
was one of the -- one of the things I wanted to have a discussion
about, because our folks are looking for some discretion with regard
to how the vaccinations are actually being distributed and utilized.
CHAIRMAN TAYLOR: Yeah, the -- it's a Catch 22. We've
heard from our constituents. They're very upset, very frustrated.
We try to help them, and then they think we can do more than we can
do, but we can't. So this is -- this is a rough rollout, and it's
something that we just have to be consistent and give it to the people
that are responsible, which is the state. The Governor makes the
decision about who is getting it, the age group, and also when the
vaccines come. The local health department doesn't know w hen
they're going to get their next -- and how much. So, you have
105- over 65. I think, if I'm correct, we've had just a little over 5,000
January 12, 2021
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doses.
COMMISSIONER McDANIEL: Twenty-one hundred -- 2,600
being administered this week.
CHAIRMAN TAYLOR: So, I mean, it's tough.
COMMISSIONER McDANIEL: I know there was a move
by -- or there was an opportunity to move some of the vaccinations
over to the Healthcare Network out of the Health Department that
allowed for applications specifically to patients that are clients of the
Healthcare Network to allow for a little bit of priority over there for
our residents of need in Immokalee proper.
CHAIRMAN TAYLOR: Yep.
COMMISSIONER McDANIEL: But it's -- there, again, if we
don't have it scheduled, I'd certainly like to have it visited.
CHAIRMAN TAYLOR: What we thought we might do is
have a briefing about this pandemic we're in, whatever -- whatever
form it takes in terms of we're going to talk about vaccinations, if
we're going to talk about the rate of the infection, just a briefing and
as a presentation once a month. And so that would make it the end
of the month, but -- that public could count on that information.
COMMISSIONER McDANIEL: Second meeting in the month
and do it under presentations.
CHAIRMAN TAYLOR: Yes.
COMMISSIONER McDANIEL: And we wouldn't be taking
public comment on that stage. We can discuss it --
CHAIRMAN TAYLOR: Right.
COMMISSIONER McDANIEL: -- but it's -- unless somebody
brings forward an actual agenda item where we engage the public,
we're going to do it under presentations and then make our comments
appropriately then.
CHAIRMAN TAYLOR: Correct.
COMMISSIONER McDANIEL: Is that the thought?
January 12, 2021
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Outstanding.
CHAIRMAN TAYLOR: No, I'm looking to my board here.
COMMISSIONER LoCASTRO: One of the things -- I was
going to say, one of the -- I've been answering a lot of emails, just
like you all, and one of the misconceptions is people are frustrated
that they can't get an appointment. But just as you articulated, but I
wanted to restate it again, the Department of Health won't give you
the appointment unless they have the doses. So you might feel good
saying you have an appointment next Thursday, but if the doses don't
come in, then that appointment's worthless.
Also, the Governor is working really hard in making statements
that cover the whole state of Florida, but his statements sort of work
better in certain counties that have large amounts of doses than they
do in a county that's only getting several thousand.
So when he says everybody over 65 is -- you know, has a
priority and whatnot, well, it still comes down to the doses, and we're
not making the dosages here.
The other thing I will say is there is a lot of frustration about
residency. Hey, if I'm from Collier County and somebody in front of
me is from the state of Wisconsin, why are they in front of me? The
reality is, if you were a Florida resident and you were in another
state, you would have just as much.
COMMISSIONER McDANIEL: Right.
COMMISSIONER LoCASTRO: And so, the reality is trying
to vaccinate people that are on this footprint. And so if we
vaccinated all the Collier County residents but there was a ton of
people here that were tourists that were not vaccinated -- I mean,
people that believe in the vaccination and the masks and all that, you
know, would be the first to say, then, we really haven't accomplished
anything because we have spreaders everywhere except for the
residents. And so, you know, that's part of their frustration.
January 12, 2021
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But I concur, you know, once a month or more often if
something changes, the ability to call an emergency meeting, because
this is a hot topic. Separating rumor from fact is critical. I mean,
all of us have sent out information. You know, Commissioner
Taylor has sent out quite a bit in her newsletter, same with
Commissioner Solis. I launch my first newsletter immediately right
after this meeting, so I think we're doing everything we can.
But there are a lot of people that think the commissioners are
dictating location, are dictating vaccination sites. Something I
actually looked into -- I got a question, why did the Arlington get
vaccine and everybody at the Arlington was vaccinated?
The answer was -- and I got it from the State. That was a State
strike team that came in with vaccines. They've been doing their due
diligence in trying to find large concentrations of elderly people that
meet all these specific parameters, and that had nothing to do with
our Department of Health. In fact, that answer came -- was
seconded by our Department of Health, Christine, saying that was a
strike team. They came self-contained and, boom, you know, they
knocked out -- and they decided the locations. So, it's nobody up
here that's steering the vaccine to a favored location.
CHAIRMAN TAYLOR: Yep. And it also happened at the
Moorings Park. It happened at the Glenview, et cetera, et cetera.
Okay. So that will be decided. So, anything --
COMMISSIONER McDANIEL: Perfect. No, that was -- I'm
glad to hear that you -- you have that on the radar for our --
CHAIRMAN TAYLOR: Our next meeting.
COMMISSIONER McDANIEL: Each month.
CHAIRMAN TAYLOR: So the second discussion, which is a
little thornier, is we've heard today from the leadership of the
opposition to the One Naples asking to be able to move this meeting
to another venue besides this commission chambers, and I believe it
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was decided by this board to do that.
Is there any willingness or openness to consider, maybe at our
next meeting, moving that meeting based on maybe having staff
research those two areas to see? And I believe the Philharmonic was
one question, and the other one was the St. John's Catholic Church.
Not the church itself, but the hall, which is a pretty big hall.
COMMISSIONER LoCASTRO: I actually think the larger
venue, it supports both sides of the argument, because I think when
this is all said and done, you always say you have, sort of, one loser,
you know, so to speak, or one group happy and one group not.
I think we run the risk of -- if we -- and, you know, one of the
things that was said is, well, we don't want to set the precedent.
Well, right now we're in unprecedented times. If there was no
COVID, we wouldn't even have this conversation. But I think we do
ourselves harm that the group that feels like they weren't -- they
didn't win will immediately say they weren't heard. They -- you
know, they had a chance to come to a bigger venue with bigger
numbers.
So I think we allow both sides -- this is a large project in
unprecedented times. I don't think that we lose anything by at least
exploring two locations. Maybe in the end we come back and we
go, you know what, the juice isn't worth the squeeze.
But I'm more concerned that we're going to have one side say
that they were constrained by not being able to speak or not. That's
just my thought. That's why I voted for the -- you know, to at least
explore a bigger venue, if not pick one. I think Commissioner
Taylor did as well. I'd like to hear what your thoughts are.
CHAIRMAN TAYLOR: Commissioner Saunders.
COMMISSIONER SAUNDERS: I'll support an effort to move
it to a larger venue. I had voted to keep it here, but I've gotten a lot
of correspondence as well on that, so I don't have any problem
January 12, 2021
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moving it.
CHAIRMAN TAYLOR: Thank you.
Commissioner McDaniel -- oh, County Commissioner -- no,
McDaniel, pardon me.
COMMISSIONER McDANIEL: I think we're going to say the
same thing. I, again, voted originally to keep it here just because of
staff's recommendation and semantics and precedent and all of those
things. I think there's zero harm in exploration of another facility. I
think we already talked about St. John Newman as -- or St. John's
church as an alternative, and it's not set up for that type of a ven ue
with communications and such, but the Artis -- or Philharmonic, as
they referred to it. That's Mark showing how old he is. But that
facility, I think, would -- would certainly be a fine thing, and I don't
want to exclude anybody. I mean, if staff can review and determine
that the church works, I'm fine with that. I don't have an issue in at
least exploring it.
CHAIRMAN TAYLOR: Commissioner Solis, your district.
COMMISSIONER SOLIS: It's my district. So, Mr. County
Attorney, it was my understanding that whatever public hearing we
have has to be in a public facility, not a facility -- privately owned
facility that's open to the public, but a publicly owned facility. Is
that -- am I incorrect on that?
MR. KLATZKOW: No. You just need public access. So,
you could do it in a church, but they would have to allow public
access to everybody.
COMMISSIONER SOLIS: Okay. That's not what I
understood from last time. But here is my concern, and it goes to
what Commissioner LoCastro just said, is that whoeve r loses is going
to have the argument that we changed the rules. I mean, we have
done every single zoning public hearing, to my knowledge, at least
since I've been here since '93, in the chambers. If I'm wrong about
January 12, 2021
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that, let me know. But if we change the rules and we change the
location, that's an issue for whoever loses.
Number two, we have had challenges with the technology to
make sure that the people that don't feel comfortable coming and
speaking in person get heard. I can see it already, that we're going to
have technology issues. We have them here. We're going to be
using some other system. It's going to be the same issue but worse
because we're not in a place where we're used to doing it. It will be
inconvenient, I understand that, but try ing to change something, you
know, right before we're supposed to have one of the largest rezoning
hearings, I think, is a very, very bad idea. And we're going
to -- there's going to be all sorts of unforeseen circumstances.
And, you know, we have a process. We've used that process
for decades. I don't feel comfortable changing that process because,
again, whoever -- whoever loses is going to say, wait a minute, you
changed the process. We weren't heard. Let's file a lawsuit.
CHAIRMAN TAYLOR: And I appreciate your comments, but
I'm not sure we're changing a process. We're just changing the
venue. I think that's --
COMMISSIONER SOLIS: Right, but that's changing the
process, because this is the way -- this is the place that we've always
had zoning hearings. It's the way we've always done it and, you
know, if we had an ordinance that we had set this up in
advance -- you know, this will be the only rezoning that will be heard
in somewhere other than the chambers. It just opens up too many
issues, I think, in the long run.
COMMISSIONER LoCASTRO: I want to just say that the
rules have been changed when COVID hit, number one. Number
two, I would not want to make a decision based on we're not smart
enough to do the technology piece. You know, the meeting's not
tomorrow. We put a man on the moon. We've launched space
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shuttles. We've done some amazing things. I think we have smart
county people here that can set up microphones and speakers, and our
court reporter should be able to work this.
I actually think both parties -- I might be wrong here. But I
think we're -- if we're changing the venue, we're -- it's changing it for
both. And if one side feels like it tips the scales better for them, then
I would tell the other side, the venue's bigger, so come prepared.
And the meeting's not tomorrow. So I would hope we would
have, you know -- and I know we have smart enough people here in
the county that can figure out the venue, dry run things, test
technology, and I don't think the church or Artis is going to explode
improperly.
I actually think, though, the motion that's on the floor is to
explore a location, and I think if the -- those that are exploring it
came back to us and said, you know, the venue isn't conducive, it has
some challenges technology-wise or whatnot, but I think just making
the venue better levels the playing field for both sides, and if both
sides think they have a strong case, they should come prepared.
And I think in the end, we don't -- we don't take a vote and just
say, well, one side came with a thousand people, the other side came
with 800, so we'll vote with the side with a thousand. I think we're
going to -- you know, I think citizen voice outweighs technology
challenges or the size of venue, in my opinion, and I think it's about
hearing the citizens on both sides, and they have plenty of time to be
prepared for a larger venue.
CHAIRMAN TAYLOR: Thank you.
Commissioner Saunders.
COMMISSIONER SAUNDERS: From my perspective, it's
simply a legal question. Commissioner Solis has raised it. The
County Attorney can advise us.
My sort of gut feeling is that having it in a different venue does
January 12, 2021
Page 118
not create a problem. Public comment, you know, it's not like one
side versus another. It's not the developer is one side, and the public
is another side. That's not the way these types of hearings are set up,
and it's not the way it works.
As a matter of fact, public comment is not even considered as
evidence in these types of hearings. It's something we listen to. But
we have rules as to how much weight that public testimony actually
has.
So, Mr. Klatzkow, the question is, can we move it? Does that
create a problem? If we do run into some technological glitches,
which we may, and some people are not able to participate for
whatever reason but we make every effort to keep that from
happening, do we have a problem?
MR. KLATZKOW: You can -- it's a policy decision where you
want to hold this as long as it's within the boundaries of Collier
County.
As far as your technical issues go, it depends how bad they are.
I mean, if you have a complete meltdown in your technology and
people just can't get in, at that point in time I advise you continue the
hearing.
COMMISSIONER SAUNDERS: All right. All right. But if
we're going to have a -- we would theoretically have a bigger venue,
have more people in the room, we'll have a phone-in system. We'll
certainly try to do Zoom for everybody, and do the best we can. I
think that's the same thing we do here. So, if we do that, it sounds
like there's not a problem.
MR. KLATZKOW: No. It's a policy decision.
COMMISSIONER SOLIS: So, let me ask this question: So,
for the future, what's the criteria going to be for deciding whether or
not we hold a zoning hearing here or out in the RLSA say, or, in
Immokalee? If the people there want to have their hearing, because
January 12, 2021
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it affects their neighborhood, in their neighborhood, then what's the
criteria for agreeing to that?
CHAIRMAN TAYLOR: I'm not sure --
COMMISSIONER SOLIS: We're just opening a can of worms
here, procedurally, I think, and for our staff.
CHAIRMAN TAYLOR: I'm not sure it's the neighborhood as
much as it's the ability of folks to be within six feet of each other but
together to discuss or to be part of a -- of an endeavor that has
probably, in the history of Collier County, never been this large. I
think this is maybe once in every 10 years.
Maybe the RLSA issues early last century or this century,
maybe they might meet the stature of One Naples. One Naples is
unprecedented. And I doubt that there will be -- there may be, but if
there is and if COVID is still there, then we're going to have to
address it. But we're in -- we are in extraordinary times, and I think
it behooves us as servants of the people to make it as -- to facilitate
their involvement on a level that they feel comfortable in.
COMMISSIONER LoCASTRO: I think if we didn't have
COVID and every seat here could be filled and every seat upstairs, I
don't know that we'd be having this conversation. But I think we're
trying to get as many people that would normally be here pre -COVID
at the discussion.
CHAIRMAN TAYLOR: Commissioner McDaniel.
COMMISSIONER LoCASTRO: I apologize for --
CHAIRMAN TAYLOR: Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes. I think the decision
doesn't have to be made today. I don't think any of us don't care
about the population or the community. I think we all do. I think
we all care and give due consideration to our communities. I think
that if the community -- this isn't unprecedented, by the way. I
mean, we had one of the largest hearings I've ever seen when the
January 12, 2021
Page 120
stormwater utility fee came through.
CHAIRMAN TAYLOR: I knew you'd mention that.
COMMISSIONER SOLIS: Of course.
COMMISSIONER McDANIEL: Well, bring it up. You want
precedent, there's one.
We sat here for four hours, and they were lined up out through
the parking lot in order to get here. Pre-COVID, pre-COVID.
So I think exploration is a fine way for us to go. I think if a
large enough issue comes up in Immokalee or in the RLSA and we
decide to move the venue for whatever circumstance, fine. I think
one of the things that we really need to be considerate of, and this
board has expressed concerns about gatherings of
people -- everything okay? You guys all looked at me
and -- gatherings of people in large mass. Here we have a say-so,
how many people are in the room, how many people are in the
overflow. We can manage that right here.
Moving to a larger venue, there is a concern of aggregating
people in one particular room where we don't have as much say -so
about proper social distancing and the things that we all know are
important to assist with the health of our community.
So, exploring is great. We can listen to staff's report when we
come back at our next meeting --
CHAIRMAN TAYLOR: Yep.
COMMISSIONER McDANIEL: -- and then make the
decision. I agree with both Commissioner LoCastro and Solis with
regard to these are unprecedented times, but yet they're not, so...
CHAIRMAN TAYLOR: All right. So, I think it's a consensus
of the Board that we would like you to explore the alternate locations
that were presented by the speakers this morning under public
comment, and on that --
COMMISSIONER SOLIS: And I would suggest that we look
January 12, 2021
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also at the North Collier Regional Park.
CHAIRMAN TAYLOR: Yep. Let's bring that up. Okay.
So, on that, meeting adjourned. Thank you very much.
**** 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
RECORDING THE MINOR FINAL PLAT OF 3500 CORPORATE
PLAZA - 2, APPLICATION NUMBER PL20200001616. (THIS IS
A COMPANION ITEM TO AGENDA ITEM #16C1. BOTH ITEMS
MUST BE EITHER APPROVED OR DENIED TOGETHER ON
TODAY’S AGENDA.) (DISTRICT 4)
Item #16A2
FINAL ACCEPTANCE OF THE POTABLE WATER AND
SEWER FACILITIES FOR ARTHREX HOTEL AND WELLNESS
CENTER, PL20190002113, ACCEPT THE CONVEYANCE OF A
PORTION OF THE POTABLE WATER, AND AUTHORIZE THE
COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE
UTILITIES PERFORMANCE SECURITY (UPS) AND FINAL
OBLIGATION BOND IN THE TOTAL AMOUNT OF $20,956.11
TO THE PROJECT ENGINEER OR THE DEVELOPER’S
DESIGNATED AGENT. (DISTRICT 2)
Item #16A3
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FINAL ACCEPTANCE OF POTABLE WATER AND SEWER
FACILITIES FOR THE SPRINGS AT HAMMOCK COVE
APARTMENTS - PHASE 1, PL20190000742, ACCEPT THE
CONVEYANCE OF A PORTION OF THE POTABLE WATER
AND 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 $106,783.57 TO THE
PROJECT ENGINEER OR THE DEVELOPER’S DESIGNATED
AGENT. (DISTRICT 4)
Item #16A4
FINAL ACCEPTANCE OF POTABLE WATER AND SEWER
UTILITY FACILITIES AND ACCEPT THE CONVEYANCE OF A
PORTION OF THE POTABLE WATER UTILITY FACILITIES
FOR FERRARI OF NAPLES – ONSITE UTILITIES,
PL20200001701. (DISTRICT 2)
Item #16A5
FINAL ACCEPTANCE OF THE WATER UTILITY FACILITIES
FOR OLYMPIA PARK – LOTUS GUN WORKS, PL20150000482,
AND AUTHORIZE THE COUNTY MANAGER, OR HIS
DESIGNEE, TO RELEASE THE UTILITIES PERFORMANCE
SECURITY (UPS) AND FINAL OBLIGATION BOND IN THE
TOTAL AMOUNT OF $5,443.50 TO THE PROJECT ENGINEER
OR THE DEVELOPER’S DESIGNATED AGENT. (DISTRICT 2)
Item #16A6
January 12, 2021
Page 123
FINAL ACCEPTANCE OF THE SEWER UTILITY FACILITIES
FOR GREY OAKS MAINTENANCE FACILITY, PL20160000617,
AND AUTHORIZE THE COUNTY MANAGER, OR HIS
DESIGNEE, TO RELEASE THE UTILITIES PERFORMANCE
SECURITY (UPS) AND FINAL OBLIGATION BOND IN THE
TOTAL AMOUNT OF $4,885.81 TO THE PROJECT ENGINEER
OR THE DEVELOPER’S DESIGNATED AGENT. (DISTRICT 4)
Item #16A7
FINAL ACCEPTANCE OF THE WATER UTILITY FACILITIES
FOR OLDE NAPLES SELF STORAGE PHASE TWO, AR-
6466/PL20110002059, AND AUTHORIZE THE COUNTY
MANAGER, OR HIS DESIGNEE, TO RELEASE THE UTILITIES
PERFORMANCE SECURITY (UPS) AND FINAL OBLIGATION
BOND IN THE TOTAL AMOUNT OF $8,934 TO THE PROJECT
ENGINEER OR THE DEVELOPER’S DESIGNATED AGENT.
(DISTRICT 2)
Item #16A8
FINAL ACCEPTANCE OF THE SEWER FACILITIES AND
ACCEPT THE CONVEYANCE OF THE SEWER FACILITIES
FOR ALLEN STORAGE, PL20200001855. (DISTRICT 2)
Item #16A9
FINAL ACCEPTANCE AND ACCEPT THE CONVEYANCE OF
THE POTABLE WATER AND SEWER UTILITY FACILITIES
FOR ISLES OF COLLIER PRESERVE PHASE 11B,
PL20190001827 AND AUTHORIZE THE COUNTY MANAGER,
January 12, 2021
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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)
Item #16A10
FINAL ACCEPTANCE OF SEWER UTILITY FACILITIES FOR
LAMORADA, CALUSA PINES FORCE MAIN, PL20160000575,
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 5)
Item #16A11
FINAL ACCEPTANCE OF SEWER UTILITY FACILITIES FOR
BAY HOUSE RESTAURANT FORCE MAIN, PL20130000134,
AND AUTHORIZE THE COUNTY MANAGER, OR HIS
DESIGNEE, TO RELEASE THE UTILITIES PERFORMANCE
SECURITY (UPS) AND FINAL OBLIGATION BOND IN THE
TOTAL AMOUNT OF $4,223.86 TO THE PROJECT ENGINEER
OR THE DEVELOPER’S DESIGNATED AGENT. (DISTRICT 2)
Item #16A12
FINAL ACCEPTANCE OF THE POTABLE WATER UTILITY
FACILITIES AND ACCEPT THE CONVEYANCE OF A
PORTION OF THE POTABLE WATER UTILITY FACILITIES
January 12, 2021
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FOR KEISER UNIVERSITY – NAPLES CAMPUS,
PL20200002069. (DISTRICT 1)
Item #16A13
FINAL ACCEPTANCE OF THE POTABLE WATER AND
SEWER UTILITY FACILITIES FOR PLAYERS CLUB AND SPA
EXPANSION, PL20130000623 AND PL20140000153, AND
AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE,
TO RELEASE THE UTILITIES PERFORMANCE SECURITY
(UPS) AND FINAL OBLIGATION BOND IN THE TOTAL
AMOUNT OF $10,583.88 TO THE PROJECT ENGINEER OR THE
DEVELOPER’S DESIGNATED AGENT. (DISTRICT 1)
Item #16A14
FINAL ACCEPTANCE OF THE POTABLE WATER AND
SEWER FACILITIES FOR PINEAPPLE HOUSE AT SAPPHIRE
LAKES ASSISTED LIVING FACILITY, PL20190002281,
ACCEPT THE CONVEYANCE OF A PORTION OF THE
POTABLE WATER 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 $24,333.15
TO THE PROJECT ENGINEER OR THE DEVELOPER’S
DESIGNATED AGENT. (DISTRICT 3)
Item #16A15
FINAL ACCEPTANCE AND ACCEPT THE CONVEYANCE OF
THE POTABLE WATER AND SEWER UTILITY FACILITIES
January 12, 2021
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FOR ISLES OF COLLIER PRESERVE PHASE 12C,
PL20190001933 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 4)
Item #16A16
FINAL ACCEPTANCE OF THE POTABLE WATER AND
SEWER UTILITY FACILITIES FOR PRICE STREET PLAZA -
PHASE 2 (WAWA), PL20190002184, 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)
Item #16A17
RESOLUTION 2021-01: FINAL ACCEPTANCE OF THE
PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS FOR
THE FINAL PLAT OF BUCKLEY PARCEL, APPLICATION
NUMBER PL20150002371, AND AUTHORIZE THE RELEASE
OF THE MAINTENANCE SECURITY. (DISTRICT 2)
Item #16A18
RESOLUTION 2021-02: FINAL ACCEPTANCE OF THE
PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS FOR
THE FINAL PLAT OF LAMORADA, APPLICATION NUMBER
PL20140001720, AND AUTHORIZE THE RELEASE OF THE
January 12, 2021
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MAINTENANCE SECURITY. (DISTRICT 5)
Item #16A19
AUTHORIZING THE CLERK OF COURTS TO RELEASE A
PERFORMANCE BOND IN THE AMOUNT OF $19,545.24
WHICH WAS POSTED AS A GUARANTY FOR SITE WORK
ASSOCIATED WITH THE OFFICES AT HAMMOCK COVE, AR-
9354/PL20120001826. (DISTRICT 4)
Item #16A20
AUTHORIZING THE CLERK OF COURTS TO RELEASE A
PERFORMANCE BOND IN THE AMOUNT OF $25,000 WHICH
WAS POSTED AS A GUARANTY FOR EXCAVATION PERMIT
NUMBER PL20190001641 FOR WORK ASSOCIATED WITH
CAREER PATHWAY LEARNING LAB. (DISTRICT 5)
Item #16A21
AUTHORIZING THE CLERK OF COURTS TO RELEASE A
PERFORMANCE BOND IN THE AMOUNT OF $49,368 WHICH
WAS POSTED AS A GUARANTY FOR EXCAVATION PERMIT
NUMBER PL20190000553 FOR WORK ASSOCIATED WITH
EDGE 75 BY WATERMARK. (DISTRICT 3)
Item #16A22
RELEASING A CODE ENFORCEMENT LIEN WITH A VALUE
OF $301,600 FOR PAYMENT OF $450 IN THE CODE
ENFORCEMENT ACTIONS ENTITLED BOARD OF COUNTY
January 12, 2021
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COMMISSIONERS V. JAMES A. AND JULIA M. ASKEY CODE
ENFORCEMENT BOARD CASE NO. CESD20100008859
RELATING TO PROPERTY LOCATED AT 7920 FRIENDSHIP
LANE, COLLIER COUNTY, FLORIDA. (DISTRICT 5)
Item #16A23
AWARDING INVITATION TO BID (ITB) NO. 19-7607S,
"TRAFFIC OPERATIONS SIGNAL COMPONENTS &
HARDWARE," TO THE FOLLOWING VENDORS: FLORIDA
ALL BATTERY SYSTEMS LLC, MULTICOM, INC., TEMPLE
INC., TRAFFIC SIGNAL INC., TRANSPORTATION CONTROL
SYSTEMS INC., TRANSPORTATION SOLUTIONS &
LIGHTING, INC., AND WAVETRONIX UTAH LLC. (ALL
DISTRICTS)
Item #16A24
RESOLUTION 2021-03: A TRANSPORTATION POST PROJECT
MAINTENANCE AGREEMENT BETWEEN THE FLORIDA
DEPARTMENT OF TRANSPORTATION (F.D.O.T.) AND
COLLIER COUNTY FOR THE MAINTENANCE OF THE
PREVIOUSLY REALIGNED CANAL (B-2) AT THE PINE RIDGE
ROAD INTERCHANGE AND AUTHORIZE THE CHAIRMAN
TO SIGN THE RESOLUTION AND EXECUTE THE
AGREEMENT. (DISTRICT 3)
Item #16A25
CHANGE ORDER #2 TO CONTRACT #14-6213-135, WORK
ORDER/PURCHASE ORDER 4500203996, GOODLETTE ROAD
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WEST BANK PILOT PROJECT, TO QUALITY ENTERPRISES
USA, INC., IN THE AMOUNT OF $159,743.70, FOR THE
GOODLETTE ROAD WEST BANK STABILIZATION - PILOT
PROJECT AND AUTHORIZE NECESSARY BUDGET
AMENDMENTS. (PROJECT NO. 50186). (DISTRICT 4)
Item #16A26
AWARDING CONTRACT NO. 20-7768 TO EARTH TECH
ENVIRONMENTAL, LLC, PERTAINING TO REQUEST FOR
PROFESSIONAL SERVICES (“RPS”) NO. 20-7768, “COLLIER
COUNTY COMPREHENSIVE WATERSHED IMPROVEMENT
PROJECT (CWIP) MONITORING SERVICES,” IN THE
AMOUNT OF $722,230. (ALL DISTRICTS)
Item #16A27
REINSTATING SUBGRANT AGREEMENT NO. H0309 AND
APPROVE THE MODIFICATION TO SUBGRANT AGREEMENT
NO. H0309 WITH THE FLORIDA DIVISION OF EMERGENCY
MANAGEMENT TO EXTEND SUBGRANT AGREEMENT NO.
H0309 TO OCTOBER 31, 2021, AND APPROVE AN
AMENDMENT REVISING THE EFFECTIVE DATE TO
PROFESSIONAL SERVICES AGREEMENT NO. 20-7678 WITH
AGNOLI BARBER & BRUNDAGE, INC., APPROVED BY THE
BOARD ON NOVEMBER 10, 2020 FOR THE SOLANA ROAD
DRAINAGE PROJECT (PROJECT NO. 60102). (DISTRICT 4)
Item #16A28
AWARDING AGREEMENT NO. 20-7677 TO ATKINS NORTH
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Page 130
AMERICA, INC., PERTAINING TO REQUEST FOR
PROFESSIONAL SERVICES (“RPS”) NO. 20-7677, “UPPER
GORDON RIVER STORM WATER WEIR REPLACEMENT
DESIGN” IN THE AMOUNT OF $489,827.92, APPROVE ALL
NECESSARY BUDGET AMENDMENTS, AND APPROVE THE
MODIFICATION TO AGREEMENT NO. H0379 WITH THE
FLORIDA DIVISION OF EMERGENCY MANAGEMENT TO
REINSTATE AND EXTEND THE AGREEMENT TO
NOVEMBER 30, 2021. (PROJECT NO. 60102) (DISTRICT 4)
Item #16A29
AWARDING A $645,540 WORK ORDER UNDER A REQUEST
FOR QUOTATION (“RFQ”) UNDER CONTRACT NO. 14-6213
TO DOUGLAS N. HIGGINS, INC., FOR THE GRIFFIN ROAD
AREA STORMWATER IMPROVEMENT PROJECT (GRASIP)
PHASE 1 STORMWATER IMPROVEMENTS. (PROJECT NO.
60196.2) (DISTRICT 1)
Item #16A30
THIS ITEM WAS CONTINUED FROM THE DECEMBER 8, 2020
BCC MEETING. AWARDING 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)
Item #16A31
January 12, 2021
Page 131
A UNILATERAL CHANGE ORDER 3R.3 TO AGREEMENT NO.
18-7322, “WEST GOODLETTE FRANK ROAD AREA JOINT
STORMWATER-SEWER PROJECT” WITH WPM-SOUTHERN,
LLC IN THE AMOUNT OF $374,149.77 UTILIZING THE
PROJECT’S AVAILABLE CONTINGENCIES FUNDING.
(PROJECT #60142.3) (DISTRICT 4)
Item #16A32
CHANGE ORDER NO. 1 TO AGREEMENTS NO. 19C02, 19CO3
AND 20CO1 WITH FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION (FDEP) BUREAU OF
BEACHES AND COASTAL SYSTEMS BEACH MANAGEMENT
FUNDING ASSISTANCE PROGRAM FOR COLLIER COUNTY
STATE-APPROVED WORK AND MAKE A FINDING THAT
THIS ITEM PROMOTES TOURISM. THESE CHANGE ORDERS
WILL MOVE ALREADY ALLOCATED FUNDING BETWEEN
EXISTING TASKS AND THE TOTAL FUNDING AMOUNT FOR
THESE AGREEMENTS WILL REMAIN THE SAME. (ALL
DISTRICTS)
Item #16A33
RESOLUTION 2021-04: REPEALING AND REPLACING
RESOLUTION 2020-219 BY ADOPTING 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
January 12, 2021
Page 132
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)
Item #16C1
A DONATION AGREEMENT THAT ALLOWS MARCO A.
ESPINAR TO DONATE A 2.50-ACRE PARCEL ALONG WITH A
MANAGEMENT ENDOWMENT OF $11,840, TO THE
CONSERVATION COLLIER LAND ACQUISITION PROGRAM
UNDER THE OFFSITE VEGETATION RETENTION PROVISION
OF THE LAND DEVELOPMENT CODE LDC SEC
3.05.07H.1.F.VI. (B), AT NO COST TO THE COUNTY, AND
AUTHORIZE THE CHAIRMAN TO SIGN THE DONATION
AGREEMENT AND STAFF TO TAKE ALL NECESSARY
ACTIONS TO CLOSE. (THIS IS A COMPANION ITEM TO
AGENDA ITEM #16A1. BOTH ITEMS MUST BE EITHER
APPROVED OR DENIED TOGETHER ON TODAY’S AGENDA.)
(ALL DISTRICTS)
Item #16C2
AWARDING REQUEST FOR PROPOSAL (“RFP”) NO. 20-7765,
“ROOFING PREVENTATIVE MAINTENANCE AND
REMEDIAL REPAIRS,” TO ADVANCED ROOFING, INC., AS
THE PRIMARY VENDOR AND CROWTHER ROOFING AND
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SHEET METAL OF FLORIDA, INC., AS THE SECONDARY
VENDOR. (ALL DISTRICTS)
Item #16C3
RESOLUTION 2021-05: SATISFACTIONS OF LIEN FOR THE
1991, 1992, 1993, 1994, AND 1996 SOLID WASTE COLLECTION
AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHERE
THE COUNTY HAS RECEIVED PAYMENT IN FULL
SATISFACTION OF THE LIENS. (ALL DISTRICTS)
Item #16C4
A TEMPORARY REVOCABLE LICENSE AGREEMENT WITH
BIG JOE BBQ, LLC, TO UTILIZE THE SNACK BAR AT THE
MAIN GOVERNMENT CENTER CAMPUS. (ALL DISTRICTS)
Item #16C5
SELLING CERTAIN COUNTY OWNED REAL PROPERTIES
PURSUANT TO THE PROVISIONS OF SECTION 125.379,
FLORIDA STATUTES. SUCH PROPERTIES WERE APPROVED
AS SURPLUS BY THE BOARD OF COUNTY COMMISSIONERS
ON SEPTEMBER 22, 2020, UNDER AGENDA ITEM #16C7
(DISTRICT 1, DISTRICT 4, DISTRICT 5)
Item#16C6
AUTHORIZING A BUDGET AMENDMENT FOR FACILITIES
MANAGEMENT DIVISION IN THE AMOUNT OF $ 6,500,000
TO FUND TWO (2) INFRASTRUCTURE SALES SURTAX
January 12, 2021
Page 134
PROJECTS UNDER THE FOLLOWING CATEGORIES: HVAC,
ROOFING, AND CAPITAL EQUIPMENT REPLACEMENT AT
SHERIFF’S AND COUNTY FACILITIES. (PROJECT NOS. 50221
AND 50184). (ALL DISTRICTS)
Item #16C7
AWARDING REQUEST FOR QUOTATION (“RFQ”) NO. 2010-
027, “COLLIER COUNTY DIW LEACHATE STORAGE TANKS
PROJECT,” UNDER AGREEMENT NO. 19-7525, ANNUAL
AGREEMENT FOR GENERAL CONTRACTOR SERVICES, TO
EBL PARTNERS, LLC IN THE AMOUNT OF $569,835.20
(PROJECT NO. 70219.4). (DISTRICT 1)
Item #16C8
AN AGREEMENT FOR SALE AND PURCHASE FOR 10 ACRES
OF UNIMPROVED PROPERTY LOCATED WITHIN THE
RURAL FRINGE MIXED USE DISTRICT INTERIOR TO THE
COUNTY OWNED HHH RANCH PROPERTY IN AN AMOUNT
NOT TO EXCEED $113,000. (DISTRICT 5)
Item #16D1
APPOINTING JAMES C. FRENCH, PUBLIC SERVICES
DEPARTMENT HEAD, TO EXECUTE THE FEDERAL TRANSIT
ADMINISTRATION’S (FTA) ANNUAL CERTIFICATIONS AND
ASSURANCES FOR BOARD APPROVED GRANTS AND
GRANT APPLICATIONS THROUGH THE FTA’S TRANSIT
AWARD MANAGEMENT SYSTEM (TRAMS) SYSTEM. (ALL
DISTRICTS
January 12, 2021
Page 135
Item #16D2
AGREEMENT NO. 21-008-NS FOR THE PURCHASE OF AN
EXTENDED ONE-YEAR WARRANTY FOR COLLIER AREA
TRANSIT’S EXISTING INTELLIGENT TRANSPORTATION
SYSTEM (ITS) WITH AVAIL TECHNOLOGIES, INC., IN THE
AMOUNT OF $71,694.18 UTILIZING FEDERAL TRANSIT
GRANT FUNDING TO PROVIDE CONTINUOUS VENDOR
SUPPORT WHILE COMPLETING THE SOLICITATION FOR A
REPLACEMENT ITS SYSTEM. (ALL DISTRICTS)
Item #16D3
RESOLUTION 2021-06: AUTHORIZING THE COUNTY
MANAGER OR HIS DESIGNEE TO: 1) COMPLETE AND SIGN
ALL DOCUMENTS AND 2) TAKE ALL ACTIONS NECESSARY
TO ACCEPT A $350,000 DISTRIBUTION AND ANY FUTURE
DISTRIBUTIONS TO COLLIER COUNTY FOR USE BY
DOMESTIC ANIMAL SERVICES FROM THE SHAROL A.
MURPHY REVOCABLE TRUST AND TO APPROVE ANY
NECESSARY BUDGET AMENDMENTS. (ALL DISTRICTS)
Item #16D4
EXTENDING AN EXEMPTION TO SECTION 5.05.05 OF THE
COLLIER COUNTY LAND DEVELOPMENT CODE FOR THE
“COVER-UP, COLLIER!” SIGNAGE TO CONTINUE TO BE
POSTED THROUGH THE END OF ANY MASK MANDATE AT
PREVIOUSLY DESIGNATED LOCATIONS THROUGHOUT
UNINCORPORATED COLLIER COUNTY BY THE FLORIDA
January 12, 2021
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DEPARTMENT OF HEALTH IN COLLIER COUNTY. (ALL
DISTRICTS)
Item #16D5
AUTHORIZING THE CHAIRMAN TO SIGN ONE (1)
MORTGAGE SATISFACTION FOR THE STATE HOUSING
INITIATIVES PARTNERSHIP LOAN PROGRAM IN THE
AMOUNT OF $20,000 AND AUTHORIZE THE ASSOCIATED
BUDGET AMENDMENT. (ALL DISTRICTS)
Item #16D6
AUTHORIZING THE CHAIRMAN TO SIGN ONE (1)
SATISFACTION OF MORTGAGE FOR THE COMMUNITY
DEVELOPMENT BLOCK GRANT LOAN PROGRAM IN THE
AMOUNT OF $17,560.17 FOR AN OWNER-OCCUPIED
DWELLING UNIT THAT HAS SATISFIED THE TERMS OF THE
AFFORDABILITY PERIOD. (ALL DISTRICTS)
Item #16D7
AN “AFTER-THE-FACT” FOURTH AMENDMENT AND
ATTESTATION STATEMENT WITH THE AREA AGENCY ON
AGING FOR SOUTHWEST FLORIDA, INC., CARES ACT
FUNDING UNDER THE OLDER AMERICAN ACT GRANT
PROGRAM FOR THE COLLIER COUNTY SERVICES FOR
SENIORS TO ADD SERVICES TO CA3E AND REVISE
ATTACHMENT VII CARES BUDGET AND RATE SUMMARY.
(ALL DISTRICTS)
January 12, 2021
Page 137
Item #16D8
RATIFYING THE EXECUTION BY THE COUNTY MANAGER
AND AWARDING REQUEST FOR PROPOSAL NO. 20-7801,
“CONSTRUCTION MANAGER AT RISK (CMAR)” TO A2
GROUP, INC., (A2), FOR PRE-CONSTRUCTION SERVICES
FOR SUN-N-FUN WATERPARK RESTORATION AND
RENOVATION PROJECT IN THE AMOUNT OF $50,617.42.
(DISTRICT 1)
Item #16D9
ELECTRONIC SUBMITTAL OF THE 2019/2020 FEDERAL
HIGHWAY ADMINISTRATION FLEXIBLE FUNDS GRANT
AWARD (SECTION 5307) IN THE AMOUNT OF $250,000 IN
THE TRANSIT AWARD MANAGEMENT SYSTEM FOR
AMERICANS WITH DISABILITIES ACT IMPROVEMENTS TO
EXISTING BUS STOPS THROUGHOUT COLLIER COUNTY
AND AUTHORIZE THE NECESSARY BUDGET AMENDMENT.
(ALL DISTRICTS)
Item#16D10
RESOLUTION 2021-07: THE FY21-22 PUBLIC
TRANSPORTATION GRANT AGREEMENT (PTGA) WITH THE
FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) IN
THE AMOUNT OF $1,600,164 PROVIDING FOR STATE
FUNDING FOR ELIGIBLE COLLIER COUNTY FIXED-ROUTE
TRANSIT ADMINISTRATIVE, MANAGEMENT, AND
OPERATIONAL EXPENSES IN THE AMOUNT OF $800,082,
APPROVE A LOCAL MATCH IN THE AMOUNT OF $800,082,
January 12, 2021
Page 138
AND AUTHORIZE THE NECESSARY BUDGET
AMENDMENTS. (ALL DISTRICTS)
Item #16E1
A SINGLE SOURCE WAIVER TO VIC'S BOOT AND SHOE
(D/B/A-RED WING SHOE STORE) FOR THE PURCHASE OF
PROTECTIVE FOOTWEAR. (ALL DISTRICTS)
Item #16E2
AN ADMINISTRATIVE REPORT PREPARED BY THE
PROCUREMENT SERVICES DIVISION FOR DISPOSAL OF
PROPERTY AND NOTIFICATION OF REVENUE
DISBURSEMENT. (ALL DISTRICTS)
Item #16E3
ADMINISTRATIVE REPORTS PREPARED BY THE
PROCUREMENT SERVICES DIVISION FOR CHANGE ORDERS
AND OTHER CONTRACTUAL MODIFICATIONS REQUIRING
BOARD APPROVAL. (ALL DISTRICTS)
Item #16E4
RENEWING THE ANNUAL CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY (COPCN) FOR NON-
EMERGENCY CLASS 2 – BASIC LIFE SUPPORT (BLS) TO
CARE MED TRANSPORTATION, L.L.C., FOR THE PURPOSE
OF PROVIDING POST-HOSPITAL AND INTER-FACILITY
January 12, 2021
Page 139
MEDICAL AMBULANCE TRANSFER SERVICES. (ALL
DISTRICTS)
Item #16F1
RECOGNIZING IVONNE GARCIA, PUBLIC SERVICES
DEPARTMENT, COMMUNITY AND HUMAN SERVICES AS
THE NOVEMBER 2020 EMPLOYEE OF THE MONTH. (ALL
DISTRICTS)
Item #16F2
A REPORT COVERING TWO BUDGET AMENDMENTS
IMPACTING RESERVES AND MOVING FUNDS IN AN
AMOUNT UP TO AND INCLUDING $25,000 AND $50,000,
RESPECTIVELY. (ALL DISTRICTS)
Item #16F3
RESOLUTION 2021-08: AMENDMENTS (APPROPRIATING
GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE
PROCEEDS) TO THE FY20-21 ADOPTED BUDGET. (ALL
DISTRICTS)
Item #16F4 – Moved to Item #11D (Per Agenda Change Sheet)
Item #16G1
A COLLIER COUNTY AIRPORT AUTHORITY STANDARD
FORM LEASE AGREEMENT WITH RTH ENTERPRISE, INC.,
(IMMOKALEE REGIONAL RACEWAY) FOR INTERNATIONAL
January 12, 2021
Page 140
HOT ROD ASSOCIATION (IHRA) SANCTIONED DRAG
RACING AND RELATED AUTOMOTIVE EVENTS AT THE
IMMOKALEE REGIONAL AIRPORT. (DISTRICT 5)
Item #16H1
A PROCLAMATION DESIGNATING JANUARY 15, 2021 AS
DR. MARTIN LUTHER KING JR. PRAYER BREAKFAST DAY
IN COLLIER COUNTY. THE PROCLAMATION WILL BE
MAILED TO TRINITY LIFE FOUNDATION, INC.
Item #16H2
A PROCLAMATION DESIGNATING JANUARY 18, 2021 AS A
DAY TO REMEMBER AND CELEBRATE DR. MARTIN
LUTHER KING JR.'S DREAM. THE PROCLAMATION WILL BE
HAND DELIVERED TO VINCENT KEEYS, PRESIDENT OF
THE COLLIER COUNTY BRANCH OF THE NAACP
Item #16H3
PROCLAMATION DESIGNATING JANUARY 2021 AS HUMAN
TRAFFICKING AWARENESS MONTH IN COLLIER COUNTY.
THE PROCLAMATION WILL BE MAILED TO LINDA
OBERHAUS, CHIEF EXECUTIVE OFFICER, SHELTER FOR
ABUSED WOMEN & CHILDREN
Item #16I1
MISCELLANEOUS CORRESPONDENCE
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January 12, 2021
Page 141
Item #16J1
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 NOVEMBER 26, 2020 AND DECEMBER 9, 2020
PURSUANT TO FLORIDA STATUTE 136.06 THAT WERE
APPROVED BY THE COUNTY MANAGER DURING THE
BOARD’S SCHEDULED RECESS. (IN ABSENTIA MEETING
DATED DECEMBER 22, 2020) (ALL DISTRICTS) (ALL
DISTRICTS)
Item #16J2
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 DECEMBER 22,
2020) (ALL DISTRICTS) (ALL DISTRICTS)
Item #16J3
RECORD IN THE MINUTES OF THE BOARD OF COUNTY
COMMISSIONERS, THE CHECK NUMBER (OR OTHER
PAYMENT METHOD), AMOUNT, PAYEE, AND PURPOSE FOR
WHICH THE REFERENCED DISBURSEMENTS WERE DRAWN
FOR THE PERIODS BETWEEN DECEMBER 10, 2020 AND
DECEMBER 30, 2020 PURSUANT TO FLORIDA STATUTE
January 12, 2021
Page 142
136.06. (ALL DISTRICTS)
Item #16J4
DETERMINING VALID PUBLIC PURPOSE FOR INVOICES
PAYABLE AND PURCHASING CARD TRANSACTIONS AS OF
JANUARY 6, 2021. (ALL DISTRICTS)
Item #16K1
RESOLUTION 2021-09: APPOINTING BRIDGET BANNON,
REPRESENTING THE AMERICAN RED CROSS, TO THE
COLLIER COUNTY CITIZEN CORPS. TO FILL THE
REMAINDER OF A VACANT TERM EXPIRING ON
NOVEMBER 5, 2022, (ALL DISTRICTS)
Item #16K2
A JOINT MOTION FOR STIPULATED ORDER OF TAKING
AND FINAL JUDGMENT IN THE AMOUNT OF $364,978, FOR
THE ACQUISITION OF PARCEL 00289600001FEE, INCLUDING
ALL STATUTORY ATTORNEY’S FEES, EXPERT FEES, AND
COSTS, IN THE LAWSUIT STYLED COLLIER COUNTY,
FLORIDA V. KIRK N. SANDERS, ET AL., CASE NO. 20-CA-
3450 (RESOURCE RECOVERY BUSINESS PARK, PROJECT
NO. 59007). (ALL DISTRICTS)
Item #16K3
AUTHORIZING THE COUNTY ATTORNEY’S OFFICE TO FILE
A CIVIL ACTION IN CIRCUIT COURT IN COLLIER COUNTY
January 12, 2021
Page 143
TO RECOVER DAMAGES AGAINST MAMMOTH
CONSTRUCTORS, LLC AND ANY OTHER PARTIES
DETERMINED TO BE LIABLE FOR DAMAGE TO A COUNTY
24” WASTEWATER FORCE MAIN AT THE NORTHWEST
CORNER OF THE INTERSECTION OF DAVIS BOULEVARD
AND COUNTY BARN ROAD WHILE DRILLING A SIGNAL
MAST FOUNDATION SHAFT FOR AN FDOT ROADWAY
IMPROVEMENT PROJECT. (ALL DISTRICTS)
Item #16K4
RESOLUTION 2021-10: RE-APPOINTING ROBERT CRAIG AND
APPOINTING TIM MOSHIER TO THE OCHOPEE FIRE
CONTROL DISTRICT ADVISORY COMMITTEE (DISTRICT 5)
Item #17A
RESOLUTION 2021-11: AMENDMENTS (APPROPRIATING
CARRY FORWARD, TRANSFERS AND SUPPLEMENTAL
REVENUE) TO THE FISCAL YEAR 20-21 ADOPTED BUDGET.
(ALL DISTRICTS)
Item #17B
RESOLUTION 2021-12: PETITION PL20200001556, TO
DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND
THE PUBLIC INTEREST IN A PORTION OF THE 50-FOOT
DRAINAGE EASEMENT LOCATED IN TRACT B OF MARCO
SHORES UNIT ONE, AS RECORDED IN PLAT BOOK 14, PAGE
33 OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA, LOCATED IN SECTION 26, TOWNSHIP 51 SOUTH,
January 12, 2021
Page 144
RANGE 26 EAST, COLLIER COUNTY, FLORIDA AND TO
ACCEPT PETITIONER’S GRANT OF AN ADDITIONAL
DRAINAGE EASEMENT TO REPLACE THE VACATED
DRAINAGE EASEMENT. (DISTRICT 1)
Item #17C
THIS ITEM IS BEING CONTINUED TO THE JANUARY 26,
2021 BCC MEETING. A RESOLUTION OF THE BOARD OF
COUNTY COMMISSIONERS PROPOSING AN AMENDMENT
TO THE COLLIER COUNTY GROWTH MANAGEMENT PLAN,
ORDINANCE 89-05, AS AMENDED, SPECIFICALLY
AMENDING THE FUTURE LAND USE ELEMENT AND MAP
SERIES TO CREATE THE NC SQUARE MIXED-USE OVERLAY
ON LAND IN THE AGRICULTURAL/RURAL DESIGNATION
AND RURAL FRINGE MIXED USE DISTRICT-RECEIVING
LANDS OVERLAY TO ALLOW UP TO 44,400 SQUARE FEET
OF COMMERCIAL USES, A 12,000 SQUARE FOOT DAYCARE
LIMITED TO 250 STUDENTS, AND A MAXIMUM OF 129
RESIDENTIAL DWELLING UNITS AND FURTHERMORE
DIRECTING TRANSMITTAL OF THE AMENDMENT TO THE
FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY.
THE SUBJECT PROPERTY IS 24.4± ACRES AND LOCATED AT
THE SOUTHWEST CORNER OF IMMOKALEE ROAD AND
CATAWBA STREET APPROXIMATELY 1.6 MILES WEST OF
WILSON BOULEVARD IN SECTION 29, TOWNSHIP 49
SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA.
(TRANSMITTAL HEARING) (PL20180002233/CP-2019-1)
(DISTRICT 5)
Item #17D – Continued to the February 23, 2021 BCC Meeting
January 12, 2021
Page 145
(Per Agenda Change Sheet)
RECOMMENDATION TO APPROVE AN ORDINANCE
AMENDING ORDINANCE NUMBER 04-41, AS AMENDED,
THE COLLIER COUNTY LAND DEVELOPMENT CODE AND
ZONING ATLAS, WHICH INCLUDES THE COMPREHENSIVE
LAND REGULATIONS FOR THE UNINCORPORATED AREA
OF COLLIER COUNTY, FLORIDA, TO CREATE THE GOLDEN
GATE PARKWAY OVERLAY DISTRICT (GGPOD) AND
ELIMINATE THE GOLDEN GATE PARKWAY PROFESSIONAL
OFFICE COMMERCIAL OVERLAY (GGPPOCO) AND THE
GOLDEN GATE DOWNTOWN CENTER COMMERCIAL
OVERLAY DISTRICT (GGDCCO), AND ESTABLISH USES,
BOUNDARIES AND DESIGN STANDARDS, BY PROVIDING
FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS
OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS
TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY
AMENDING THE FOLLOWING: CHAPTER ONE - GENERAL
PROVISIONS; CHAPTER TWO - ZONING DISTRICTS AND
USES; CHAPTER 4 - SITE DESIGN AND DEVELOPMENT
STANDARDS; CHAPTER FIVE - SUPPLEMENTAL
STANDARDS; AND CHAPTER 10 - APPLICATION, REVIEW,
AND DECISION-MAKING PROCEDURES; SECTION FOUR,
CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION
IN THE COLLIER COUNTY LAND DEVELOPMENT CODE;
AND SECTION SIX, EFFECTIVE DATE. (DISTRICT 3)
Item #17E
ORDINANCE 2021-01: AMENDING ORDINANCE NUMBER
January 12, 2021
Page 146
05-46, THE BEMBRIDGE EMERGENCY SERVICES COMPLEX
COMMUNITY FACILITY PLANNED UNIT DEVELOPMENT
(CFPUD) AND RESIDENTIAL PLANNED UNIT
DEVELOPMENT (RPUD), TO REDESIGNATE 5.11± ACRES OF
LAND FROM TRACT A TO TRACT A-1; TO INCREASE THE
RESIDENTIAL DENSITY FROM 6 TO 16 UNITS/ACRE FOR A
MAXIMUM OF 82 RESIDENTIAL UNITS ON TRACT A-1,
USING THE AFFORDABLE HOUSING DENSITY BONUS AND
TO AMEND THE MASTER PLAN; AND PROVIDING AN
EFFECTIVE DATE; AND TO APPROVE AN AFFORDABLE
HOUSING AGREEMENT. THE SUBJECT PROPERTY
CONSISTS OF 39.82± ACRES AND IS LOCATED EAST OF
SANTA BARBARA BOULEVARD, NORTH OF DAVIS
BOULEVARD (SR 84) IN SECTION 4, TOWNSHIP 50 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
[PL20200000564] (DISTRICT 3)
Item #17F
RESOLUTION 2021-13: AMENDING RESOLUTION NO. 03-332,
WHICH ESTABLISHED A CONDITIONAL USE FOR
EARTHMINING, TO EXPAND THE CONDITIONAL USE FOR
EARTHMINING PURSUANT TO SECTION 2.03.01.A.1.C.1 OF
THE COLLIER COUNTY LAND DEVELOPMENT CODE BY
ADDING 231.73± ACRES AND REVISING THE CONDITIONS
OF APPROVAL FOR THE PROPERTY LOCATED IN THE
AGRICULTURAL (A) ZONING DISTRICT WITHIN THE
MOBILE HOME OVERLAY (MHO) AND THE RURAL LANDS
STEWARDSHIP AREA OVERLAY (RLSAO), FOR A TOTAL OF
450.7± ACRES. THE PROPERTY IS LOCATED ON THE WEST
SIDE OF SR 29 NORTH, SOUTH OF SR 82 IN THE
January 12, 2021
IMMOKALEE PLANNING AREA IN SECTIONS 18 AND 19,
TOWNSHIP 46 SOUTH RANGE 26 EAST, COLLIER COUNTY,
FLORIDA. [PL20190000808] (DISTRICT 5)
Item #17G — Moved to Item #9B (Per Agenda Change Sheet)
*****
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 12:30 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECI STRICT UNDER ITS CONTROL
PENNY TA LOR, CHAIRMAN
ATTEST
CRYSTAL K. KINZEL, CLERK
•
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TheseiTri a ens appro d by the Board on 2ux.i
teorul� J as presented or as corrected
TRANSCRIPT PREPARED ON BEHALF OF FORT MYERS
COURT REPORTING BY TERRI LEWIS, FPR, COURT
REPORTER AND NOTARY PUBLIC.
Page 147