BCC Minutes 03/09/2021 RMarch 9, 2021
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TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, March 9, 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:
Acting Chairman: William L. McDaniel, Jr.
Penny Taylor (Via Zoom)
Rick LoCastro
Burt L. Saunders
Andy Solis
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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March 9, 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
March 09, 2021
9:00 AM
Commissioner Penny Taylor, District 4 – Chair – CRAB Co-Chair
Commissioner William L. McDaniel, Jr., District 5; - Vice Chair - CRAB Co-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
WILL NEED A RECORD OF THE PROCEEDING PERTAINING THERETO,
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AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
COLLIER COUNTY ORDINANCE NO. 2003-53 AS AMENDED BY
ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS
SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING
BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY
COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE
BOARD MINUTES AND RECORDS DEPARTMENT.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,
YOU ARE ENTITLED, AT NO COST TO YOU, THE PROVISION OF CERTAIN
ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES
MANAGEMENT DIVISION LOCATED AT 3335 EAST TAMIAMI TRAIL,
SUITE 1, NAPLES, FLORIDA, 34112-5356, (239) 252-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN
THE FACILITIES MANAGEMENT DIVISION.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Invocation by Reverend Sheila Zellers of Motivated by Love Ministries
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. February 9, 2021 BCC Meeting Minutes
3. AWARDS AND RECOGNITIONS
A. EMPLOYEE
B. ADVISORY BOARD MEMBERS
C. RETIREES
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D. EMPLOYEE OF THE MONTH
4. PROCLAMATIONS
5. PRESENTATIONS
A. Presentation of the Collier County Business of the Month for March 2021 to
the Children's Advocacy Center of Collier County.
B. Presentation recognizing the heroic efforts of everyone who stepped up to
help overcome the unprecedented effects of the COVID-19 Pandemic.
C. Recommendation to receive an update on Corkscrew Swamp Sanctuary’s
declining dry season water levels and completion of a recent regional
investigation on causes and solutions. (Commissioner Taylor) (All Districts)
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 is the second of two hearings. 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
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in the Collier County Land Development Code; and Section Six, Effective
Date. (This is a companion to agenda Item #16A1). (District 3)
10. BOARD OF COUNTY COMMISSIONERS
A. Recommendation that the Board adjusts its current schedule and foregoes
the summer break in 2021 to better accommodate the needs of the
community. (Commissioner McDaniel) (All Districts)
B. Recommendation to appoint the initial membership of the County
Government Productivity Committee. (All Districts)
C. This item to be heard at 10:30 a.m. Recommendation to provide additional
staff direction regarding the County Manager recruitment process. (All
Districts)
11. COUNTY MANAGER'S REPORT
A. Recommendation to approve the award of Invitation to Bid No. 21 -7848,
“Golden Gate Wastewater Treatment Plant High Level Disinfection
Improvements,” to Florida Design Contractors, Inc., in the amount of
$2,671,000, authorize the Chair to sign the attached construction services
agreement and approve the necessary budget amendment [Project Number
70243]. (Tom Chmelik, Public Utilities Engineering and Project
Management Division Director) (District 3)
B. Recommendation to approve an Agreement for Sale and Purchase to acquire
1,046.19 +/- acres located on the Southeast corner of the intersection of Oil
Well Road (SR 858) and Camp Keais Road owned by Barron Collier
Partnership, LLLP and authorize necessary budget amendments. The total
cost for this transaction is $13,634,670. (Roosevelt Leonard, Real Property
Management, Facilities Management Division) (District 5)
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
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A. AIRPORT
B. COMMUNITY REDEVELOPMENT AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
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16. CONSENT AGENDA - All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of
each item. If discussion is desired by a member of the Board, that item(s) will
be removed from the Consent Agenda and considered separately.
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A. GROWTH MANAGEMENT DEPARTMENT
1) Recommendation to approve a resolution amending the administrative
code for land development, which was created by Ordinance No.
2013-57, by amending Chapter Six, Waivers, Exemptions and
Reductions, more specifically to add section M, Deviation Requests
for Projects in the Golden Gate Parkway Overlay District (DR -
GGPOD); and providing an effective date. (This is a companion to
Item #9A). (District 3)
2) 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 the Neighborhood Shoppes at
Orangetree, PL20200002447. (District 5)
3) Recommendation to approve final acceptance and accept the
conveyance of the potable water and sewer utility facilities for
Anguilla at LaMorada, PL20190002084 and authorize the County
Manager, or his designee, to release the Utilities Performance Security
(UPS) and Final Obligation Bond in the total amount of $41,303.10 to
the Project Engineer or the Developer’s designated agent. (District 5)
4) Recommendation to approve final acceptance of the potable water and
sewer utility facilities for Heritage Bay Golf & Country Club Phase 1
- Clubhouse Expansion, PL20200002647. (District 3)
5) Recommendation to approve a Resolution for final acceptance of the
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private roadway and drainage improvements for the final plat of Ave
Maria Unit 11, Del Webb Naples Parcels 106 & 112, Application
Number PL20110000452, and authorize the release of the
maintenance security. (District 5)
6) Recommendation to approve a Resolution for final acceptance of the
private roadway and drainage improvements for the final plat of Isola
Bella, Application Number PL20180002267, and authorize the release
of the maintenance security. (District 2)
7) Recommendation to approve an amendment to the Interlocal
Agreement with the City of Naples for Phase II of a joint stormwater,
water, and sanitary sewer project between Goodlette-Frank Road and
US-41. [Project Number 60142] (District 4)
8) Recommendation to seek approval for electronic submission of a
Small County Outreach Program for Rural Areas of Opportunities
application with the Florida Department of Transportation to fund a
paved shoulder project to improve safety on a segment of Immokalee
Road - in the amount of $998,719.31. (District 5)
9) Recommendation to adopt a resolution awarding restoration (R-II)
credits in Stewardship Sending Area 6 (“BCI / BCP SSA 6”) within
the Rural Lands Stewardship Area Overlay District (RLSA) for
restoration activities completed by Barron Collier Investments, Ltd.,
and Barron Collier Partnership in accordance with the approved
restoration plan. (District 5)
10) Recommendation to adopt a resolution awarding restoration (R-II)
credits in Stewardship Sending Area 9 (“BCI / BCP SSA 9”) within
the Rural Lands Stewardship Area Overlay District (RLSA) for
restoration activities completed by Barron Collier Investments, Ltd.,
and Barron Collier Partnership in accordance with the approved
restoration plan. (District 5)
11) Recommendation to authorize the Chairman to sign Collier County
Landscape Maintenance Agreements between Collier County and
Creekside Hospitality LLC, and between Collier County and RES
Florida 1284 Holdings, LLC and Named Tenant Arthrex, Inc., for
landscape and irrigation improvements within the Goodlette-Frank
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Road public right-of-way. (District 2, All Districts)
B. COMMUNITY REDEVELOPMENT AGENCY
1) Recommendation that the Board of County Commissioners, acting as
the Community Redevelopment Agency Board, approve and authorize
the Chairman to execute a Commercial Building Improvement Grant
Agreement between the Community Redevelopment Agency (CRA)
and MSK 2059, LLC, in the amount of $46,094 for the property
located within the Bayshore Gateway Triangle Community
Redevelopment Area at 2059 Tamiami Trail East. (District 4)
2) Recommendation that the Collier County Board of County
Commissioners (BCC) acting as the Community Redevelopment
Agency Board (CRAB) approve an After-the-Fact electronic grant
application submittal in the amount of $300,000 to the Collier County
Community and Human Services FY 2021/2022 Housing and Urban
Development (HUD) Community Development Block Grant (CDBG)
for the Phase 4 Fire Suppression Project in the Bayshore Gateway
Triangle Community Redevelopment Area. (District 4)
C. PUBLIC UTILITIES DEPARTMENT
1) Recommendation to adopt a Resolution and approve a Lease
Agreement with Florida State Representative Lauren Melo for use of
County-owned office space. (District 5, All Districts)
2) Recommendation to adopt a Resolution and to approve a Lease
Agreement with State Representative David Borrero, District 105, for
use of County-owned office space at the Golden Gate Customer
Service Center in Golden Gate City. (All Districts)
D. PUBLIC SERVICES DEPARTMENT
1) Recommendation to authorize the Chairperson to sign Amendment
No. 1 to the FY2020/21 Transportation Disadvantaged Trust Fund
Trip/Equipment Grant Agreement with the Florida Commission for
the Transportation Disadvantaged (CTD) to correct a scrivener error
by adding an additional line item to Exhibit B (Service Rates) to
include the Group Trip Per Passenger rate of $25.87. (All Districts)
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2) Recommendation to approve and authorize the Chairman to sign an
eight-year Sovereignty Submerged Lands Easement Renewal and
Modification with the Board of Trustees of the Internal Improvement
Trust Fund of the State of Florida at Collier Boulevard Boating Park
with an effective date of August 15, 2018. (District 5)
3) Recommendation to award Request for Proposal No. 20-7707,
“Tigertail Beach Concession Services,” to SSG Recreation, Inc., and
approve the attached Revenue Generating Agreement. (District 1)
4) Recommendation to approve an “After-the-Fact” amendment and an
attestation statement with Area Agency on Aging for Southwest
Florida, Inc., for the Emergency Home Energy Assistance Program to
decrease funding in the amount of $45,000 and authorize the
supporting Budget Amendment. (All Districts)
5) Recommendation to approve three (3) “After-the-Fact” contract
Amendments, corresponding Attestation Statements with the Area
Agency on Aging for Southwest Florida, Inc., for the Community
Care for the Elderly, Alzheimer’s Disease Initiative and Home Care
for the Elderly grant programs for Services for Seniors to increase the
allocations and the supporting Budget Amendments. (All Districts)
E. ADMINISTRATIVE SERVICES DEPARTMENT
1) Recommendation to recognize accrued interest from the period
October 1, 2020 through December 31, 2020 earned by EMS County
Grant and appropriate funds for a total amount of $383.20. (All
Districts)
2) Recommendation to recognize accrued interest from the period April
17, 2020 through December 31, 2020 earned by EMS Cares Act
Provider Relief Payment and appropriate funds for a total amount of
$2,276.67. (All Districts)
3) Recommendation to renew the North Collier Fire Control and Rescue
District’s Certificate of Public Convenience and Necessity for
Advanced Life Support non-transport services for one year and
authorize the Chairman to execute the Permit and Certificate. (All
Districts)
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4) Recommendation to approve the administrative reports prepared by
the Procurement Services Division for change orders and other
contractual modifications requiring Board approval. (All Districts)
5) Recommendation to approve the administrative report prepared by the
Procurement Services Division for disposal of property and
notification of revenue disbursement. (All Districts )
F. COUNTY MANAGER OPERATIONS
1) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the FY20-21 Adopted Budget. (All Districts)
2) Recommendation to approve the use of Tourist Development Tax
Promotion Funds to support the upcoming April 2021 Sports Tourism
Event up to $7,750 and make a finding that this expenditure promote
tourism. (All Districts)
G. AIRPORT AUTHORITY
1) Recommendation to approve Owner-Directed Change Order No. 5 to
Agreement No. 18-7240, “Marco Executive Airport New Terminal &
Associated Improvements,” with West Construction, Inc., in the
amount of $43,608.69. (District 1)
H. BOARD OF COUNTY COMMISSIONERS
1) Proclamation designating March 9, 2021 as Gentle'men Against
Domestic Violence Day in Collier County. The proclamation will be
mailed to Linda Oberhaus, Chief Executive Officer, Shelter for
Abused Women & Children.
2) Proclamation designating March 15 - 21, 2021 as Sunshine Week in
Collier County, a time to reaffirm our commitment to providing our
residents with transparent, accessible, and honest government
operations. A copy of this proclamation will be hand delivered to each
Constitutional Officer and each County Commissioner.
3) Proclamation designating March 15 - 19, 2021 as Government
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Finance Professionals Week in Collier County, joining in a statewide
recognition of government finance professionals. A copy of this
proclamation will be hand delivered to the Clerk's Finance and
Accounting Department.
I. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous Correspondence (All Districts)
J. OTHER CONSTITUTIONAL OFFICERS
1) To record in the minutes of the Board of County Commissioners, the
check number (or other payment method), amount, payee, and
purpose for which the referenced disbursements were drawn for the
periods between February 11, 2021 and February 24, 2021 pursuant to
Florida Statute 136.06. (All Districts)
2) Request that the Board approve and determine valid public purpose
for invoices payable and purchasing card transactions as of March 3,
2021. (All Districts)
K. COUNTY ATTORNEY
1) Recommendation to reappoint a member to the Contractors Licensing
Board. (All Districts)
2) Recommendation to appoint a member to the Water and Wastewater
Authority. (All Districts)
3) Recommendation to approve and authorize the Chair to sign a First
Amendment to Retention Agreement with the law firm of Baker,
Donelson, Bearman, Caldwell & Berkowitz, P.C., to provide
specialized FEMA legal services on an “as needed” basis by
exercising the first renewal term and adjusting the current rates, which
will remain in effect as revised without further change for the next
three years. (All Districts)
4) Recommendation to approve and authorize the Chairman to sign a
Settlement Agreement in the amount of $5,000 to settle the lawsuit
styled Michael Petraitis v. Collier County Board of County
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Commissioners now pending in the 20th Judicial Circuit in Collier
County. (All Districts)
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17. SUMMARY AGENDA - This section is for advertised public hearings and
must meet the following criteria: 1) A recommendation for approval from
staff; 2) Unanimous recommendation for approval by the Collier County
Planning Commission or other authorizing agencies of all members present
and voting; 3) No written or oral objections to the item received by staff, the
Collier County Planning Commission, other authorizing agencies or the
Board, prior to the commencement of the BCC meeting on which the items
are scheduled to be heard; and 4) No individuals are registered to speak in
opposition to the item. For those items which are quasi-judicial in nature, all
participants must be sworn in.
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A. Recommendation to amend Ordinance No. 2001-55, as amended (the
Advisory Board Ordinance), to encourage appointments to advisory boards
that better reflect the demographic and geographic population of the County.
(All Districts)
B. Recommendation to consider adoption of an Ordinance establishing the
Hyde Park Community Development District (CDD) pursuant to Section
190.005(2), Florida Statutes. (District 5)
C. Recommendation to approve an Ordinance amending Ordinance No. 89-05,
as amended, the Collier County Growth Management Plan specifically
amending the Future Land Use Element to amend the Bayshore/Gateway
Triangle Redevelopment Overlay to allow up to 127 mul ti-family residential
dwelling units in the Camden Landing Residential Planned Unit
Development (PL20190001387), and furthermore directing transmittal of the
adoption amendment to the Florida Department of Economic Opportunity;
and providing for severability and providing for an effective date. The
subject property is located at the northeast corner of Bayshore Drive and
Thomasson Road, in Section 14, Township 50 South, Range 25 East, Collier
County, Florida, consisting of 9.93± acres; (Adoption Hearing) (This is a
companion to agenda Item #17D). (District 4)
D. This item requires ex parte disclosure be provided by the Commission
members. Should a hearing be held on this item, all participants are
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required to be sworn in. Recommendation to approve an Ordinance of the
Board of County Commissioners of Collier County, Florida amending
Ordinance Number 2005-63, as amended, the Cirrus Pointe Residential
Planned Unit Development (RPUD) to allow a maximum number of 127
residential dwelling units; by changing the name of the RPUD to Camden
Landing RPUD; by adding an amenity area; by revising the master plan; by
deleting Exhibit B, the water management/utility plan; by deleting Exhibit
C, the location map; by removing statement of compliance and revising
project development requirements; by adding a parking deviation for
recreational amenities and a deviation to reduce the open space requirement;
and by deleting and terminating the affordable housing density bonus
agreement. The subject property is located within the residential subdistrict 2
of the Bayshore Mixed-Use Overlay zoning district and is located northeast
of Bayshore Drive and Thomasson Drive in Section 14, Township 50 South,
Range 25 East, Collier County, Florida consisting of 9.93+/- acres; and by
providing an effective date. [This is a companion to Agenda Item #17C]
[Coordinator James Sabo, AICP Comprehensive Planning Manager]
(District 1)
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD’S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER’S OFFICE AT 252-8383.
March 9, 2021
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MR. OCHS: Mr. Chairman, you have a live mic.
CHAIRMAN McDANIEL: Yes, thank you. Thank you very
much.
Good morning, everybody. Welcome.
And the first thing we're going to do is our invocation and
Pledge of Allegiance, and I believe -- is Ms. Sheila here?
MR. OCHS: I don't see her, sir. I'm happy to do it.
CHAIRMAN McDANIEL: Okay. If you would, please, lead
us in an invocation, and then, Commissioner Solis, if you would
honor us with the lead on the Pledge.
Item #1A
INVOCATION GIVEN BY COUNTY MANAGER OCHS
MR. OCHS: Our Heavenly Father, we ask your blessings on
these proceedings and all who are gathered here. We ask this, a
special blessing on this Board of County Commissioners, guide them
in their deliberations, grant them wisdom and vision to meet the trials
of this day and the days to come. Bless us now as we undertake the
business of Collier County and its citizens; that our actions will serve
the greater good of all citizens and be acceptable in your sight.
These things we pray in your name, amen.
COMMISSIONER SOLIS: Repeat after me.
(The Pledge of Allegiance was recited in unison.)
Item #2A
MOTION FOR COMMISSIONER TAYLOR TO PARTICIPATE
VIA ZOOM; MOTION TO APPROVE TODAYS AGENDA -
APPROVED AND/OR ADOPTED W/CHANGES
March 9, 2021
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CHAIRMAN McDANIEL: I think we have a little
housekeeping we need to do and decide whether or not we're going to
allow Commissioner Taylor to join us virtually.
COMMISSIONER SAUNDERS: I'll make the motion to
authorize the participation remotely --
COMMISSIONER SOLIS: Second.
COMMISSIONER SAUNDERS: -- under the circumstances.
CHAIRMAN McDANIEL: Okay.
MR. KLATZKOW: Could we just state the circumstances for
the record just in case somebody challenges this.
CHAIRMAN McDANIEL: What?
COMMISSIONER SAUNDERS: She is in quarantine, I
believe --
MR. KLATZKOW: For COVID.
COMMISSIONER SAUNDERS: -- due to indirect exposure to
COVID.
MR. KLATZKOW: Thank you.
CHAIRMAN McDANIEL: It's been moved and seconded that
we allow Commissioner -- or invite Commissioner Taylor to attend
virtually.
All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposed, same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
Good morning, Commissioner Taylor. I think you're allowed to
speak now.
COMMISSIONER TAYLOR: Thank you very much. Yes, I
March 9, 2021
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am. And everything seems to be working, thanks to our wonderful
technical people, and I look forward to a good meeting. Thank you
very much for allowing me to join remotely.
CHAIRMAN McDANIEL: Absolutely.
MR. MILLER: I'm not sure where that's coming from.
COMMISSIONER LoCASTRO: Will you please unmute your
microphone. I'm just kidding.
MR. OCHS: Mr. Chairman, I'd like to go through the agenda
changes, if I may, at this point.
CHAIRMAN McDANIEL: Yes, certainly.
MR. OCHS: Thank you. These are the proposed agenda
changes for the Board of County Commissioners meeting of March
9th, 2021.
The first proposed change is to add Item 10D to the agenda
today. This is a recommendation to discuss issues raised in a recent
letter from the U.S. Fish and Wildlife Service. That item is added at
Commissioner Taylor's request.
And then we have two time-sensitive items on your agenda
today, Commissioners. The first being Item 10C. This item will be
heard at 10:30 a.m. That's the candidate presentations for the
County Manager position; and the second is the add-on item that I
just mentioned, 10D, and that item is requested to be heard no sooner
than 1:00 p.m. Again, that's Commissioner Taylor's request. I
believe there's a travel consideration there for the speaker.
And the final note I have, Mr. Chairman, is because of the 10:30
time-certain, the court reporter break this morning is scheduled for
10:15. So we can come back after that break and begin your
presentations.
And that's all I have, sir.
CHAIRMAN McDANIEL: Outstanding. Outstanding.
Troy, you have public comment up on the screen.
March 9, 2021
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MR. MILLER: Yeah, I have a registered remote speaker on
Zoom for the consent agenda. Nora Alvarez. I'll ask Oscar to go
ahead and prompt her to unmute. We've been trying to figure out
what item it is with the communications with her, and I haven't seen
anything yet.
Nora, you're being prompted to unmute your microphone at this
point, if you'll do that. I see you're unmuted. Can you tell me what
item you want to speak on the consent agenda?
MS. ALVAREZ: Yes.
MR. MILLER: Yes. Nora, which item do you want to speak
about on the consent agenda?
MS. ALVAREZ: Yes. I say yes. Nothing special.
MR. MILLER: Okay. We'll try to sort that out, sir.
CHAIRMAN McDANIEL: Thank you. If somebody maybe
could send her an email and try to figure it out what she's --
MR. MILLER: We've been trying to do that, sir.
CHAIRMAN McDANIEL: Okay. Good, good, good.
Well, I'm going to start to my left with Commissioner Saunders.
Do you have any changes or adjustments and ex parte to the --
COMMISSIONER SAUNDERS: No changes to the agenda.
On Item 17D, this goes back some time, but I've had correspondence
and emails and telephone calls in reference to Item 17D --
CHAIRMAN McDANIEL: Okay.
COMMISSIONER SAUNDERS: -- the Cirrus Pointe.
CHAIRMAN McDANIEL: And, Commissioner Solis?
COMMISSIONER SOLIS: No changes, no -- on the Cirrus
Pointe, I've also had -- this goes back quite some time, maybe a
couple years ago, I believe I had a conversation with at least one
person on behalf of the applicant.
CHAIRMAN McDANIEL: And no adjustments to the agenda?
COMMISSIONER SOLIS: And no adjustments to the agenda.
March 9, 2021
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CHAIRMAN McDANIEL: Okay. And, Commissioner
LoCastro.
COMMISSIONER LoCASTRO: No changes or adjustments,
and no disclosure for 17D. As you all have pointed out, it's quite a
bit dated. It goes back, so I wouldn't have anything nor have I had
anything recently.
CHAIRMAN McDANIEL: Commissioner Taylor.
COMMISSIONER TAYLOR: Thank you. Yes. I actually
have gone back about five years, met with Mr. Yovanovich and the
applicant at the time in December. I had several meetings with staff,
a pre-meeting with staff before the NIM on the 17th of -- well, 2017
in August. I monitored the Planning Commission meeting, I
reviewed tapes on the Cirrus Pointe going back to, I think, 2013. I
also presented the Serus issue with Mark Strain to the CRA.
And I have no other changes or adjustments. Thank you.
CHAIRMAN McDANIEL: Very good. And I, as well, have
no additions or adjustments to the agenda and, similarly with my
colleagues, the old correspondence and communication in regard to
17D.
So with that, I'll take a motion for the approval of the amended
agenda.
COMMISSIONER SAUNDERS: So moved.
COMMISSIONER LoCASTRO: Second.
CHAIRMAN McDANIEL: It's been moved and seconded that
we approve today's agenda as adjusted. Any -- any communication
or conversation?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN McDANIEL: Aye.
March 9, 2021
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COMMISSIONER SAUNDERS: Aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN McDANIEL: Opposed, same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
Okay. Now we move into --
Proposed Agenda Changes
Board of County Commissioners Meeting
March 9,2021
Add-On Item 10D: Recommendation to discuss issues raised in a recent letter from the US
Fish and Wildlife Service. (Commissioner Taylor)
Time Certain Item:
Item 10C to be heard at 10:30 a.m.
Add-On Item 10D requested to be heard no sooner than 1:00 p.m.
3/9/2021 8.59 AM
March 9, 2021
Page 8
Item #2B
FEBRUARY 9, 2021 BCC MEETING MINUTES - APPROVED AS
PRESENTED
MR. OCHS: Item 2B, sir, is approval of the Board of County
Commissioners' meeting minutes from the February 9th, 2021,
meeting.
CHAIRMAN McDANIEL: Take a motion.
COMMISSIONER SOLIS: Motion to approve the
February 9th, 2021, BCC meeting minutes.
COMMISSIONER SAUNDERS: Second.
COMMISSIONER LoCASTRO: Second.
COMMISSIONER TAYLOR: Second.
CHAIRMAN McDANIEL: It's been moved and seconded that
we approve the meeting minutes from February 9th. Any
discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN McDANIEL: Opposed, same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
Item #4
PROCLAMATIONS ITEMS - #16H1, #16H2 AND #16H3 READ
March 9, 2021
Page 9
INTO THE RECORD
MR. OCHS: Mr. Chairman, we move to Item 4, proclamations.
As has been our custom during the pandemic, these items have been
placed on your consent agenda but read out loud. So with your
permission, sir, I'll go ahead and read this morning's proclamations'
title.
CHAIRMAN McDANIEL: I would like that, please.
MR. OCHS: We have three. The first is Item 16H1. It is a
proclamation designating March 9th, 2021, as Gentlemen Against
Domestic Violence Day in Collier County. The proclamation will be
mailed to Linda Oberhaus, Chief Executive Officer for the Shelter for
Abused Women and Children.
16H2 is a proclamation designating March 15th through the
21st, 2021, as Sunshine Week in Collier County. A time to reaffirm
our commitment to providing our residents with transparent,
accessible, and honest government operations. A copy of this
proclamation will be hand-delivered to each constitutional officer and
each county commissioner.
And, finally, Item 16H3 is a proclamation designating March
15th through the 19th, 2021, as Government Finance Professionals
Week in Collier County joining in a statewide recognition of
government finance professionals. A copy of this proclamation will
be hand-delivered to the Clerk's Finance and Accounting Department
with our gratitude, I might add.
And those are all the proclamations that I have, Mr. Chairman.
CHAIRMAN McDANIEL: Outstanding. Well, then let's
move along to 5A.
Item #5A
March 9, 2021
Page 10
THE COLLIER COUNTY BUSINESS OF THE MONTH FOR
MARCH 2021 TO THE CHILDREN'S ADVOCACY CENTER OF
COLLIER COUNTY – PRESENTED
MR. OCHS: Yes, sir. 5A is a presentation of the Collier
County Business of the Month for March 2021 to the Children's
Advocacy Center of Collier County. I believe Mr. Miller has a
presentation queued up.
MR. MILLER: Yes, sir.
(A video was played as follows:)
MS. STEVENS: I'm Jackie Stevens, and I'm the CEO of the
Children's Advocacy Center here in Collier County. The Children's
Advocacy Center has been in Collier County for over 30 years now.
We were initially founded in 1986, and our mission is to
provide -- basically, we're providing a medical and a social diagnosis
of child abuse and neglect and also providing resources for children
to heal when they have experience abused.
We work with a little over 2,000 children and their parents every
year. Our primary program is our Child Protection Team where we
do the medical and social evaluation. So we work very closely with
law enforcement and Department of Children and Families as part of
the initial response to an allegation or a report of child -- suspected
child abuse.
So we're doing the forensic interview, we're doing the forensic
medical evaluation, gathering any evidence like that --
(Technical issues with the video.)
MR. MILLER: Well, that's not working. It does look cool.
Tom, if you're in the control room, let's, please, switch out of aux.
Thank you. Someone stopped my share screen, sir.
(Simultaneous crosstalk.)
"MS. STEVENS: -- without the appropriate intervention and
March 9, 2021
Page 11
help, you know, their life doesn't necessarily turn out that well, but if
you can get those services in that they need --"
CHAIRMAN McDANIEL: How long of a video is this?
MR. MILLER: It's just two minutes, sir.
CHAIRMAN McDANIEL: Could you go back and start it
again, please.
(A video was played as follows:)
MS. STEVENS: I'm Jackie Stevens, and I'm the CEO of the
Children's Advocacy Center here in Collier County. The Children's
Advocacy Center has been in Collier County for over 30 years now.
We were initially founded in 1986, and our mission is to
provide -- basically, we're providing the medical and a social
diagnosis of child abuse and neglect and also providing resources for
children to heal when they have experienced abuse and neglect.
We work with a little over 2,000 children and their parents every
year. Our primary program is our Child Protection Team where we
do the medical and social evaluations. So we work very closely with
law enforcement and Department of Children and Families as part of
the initial response to an allegation or a report of child -- suspected
child abuse.
So we're doing the forensic interview, we're doing the forensic
medical evaluation, gathering any evidence like that, and then
making a determination has abuse occurred or has it not occurred,
and what do we need to do to keep this child safe today, and what do
we need to do to keep the child safe in the long term.
Children who are abused and neglected, they -- without the
appropriate intervention and help, you know, their life doesn't
necessarily turn out that well. But if you can get those services in
that they need, somebody listens to them, talks to them, helps them,
they can heal and they can grow and they can succeed and do well in
school.
March 9, 2021
Page 12
And so, you know, those are the things that motivate us. When
we see kids that come in here and we know we're making a difference
and, you know, that they -- that there's hope for their future.
We are very, very proud of this award and this recognition. It
means a lot to us. This has been a particularly difficult year for
everybody, but I was also extremely proud of our staff that, you
know, we -- last year, last March where we had to kind of come
together and figure out what we were going to do to continue to
provide the quality and quantity of services that we were, everybody
pulled together, and we pulled it off. And it's just -- this recognition
means a great deal to us.
(The video concluded.)
CHAIRMAN McDANIEL: Okay. Cut.
MR. MILLER: Someone has taken control from me, sir. All
right.
CHAIRMAN McDANIEL: Do you have control back?
MR. MILLER: Yes. Thank you, sir.
CHAIRMAN McDANIEL: Because we're not going to play if
someone else is driving the bus.
MR. MILLER: No.
CHAIRMAN McDANIEL: Are we good now?
MR. MILLER: We're good, sir.
CHAIRMAN McDANIEL: Okay. County Manager, let's go
to 5B, please.
Item #5B
RECOGNIZING THE HEROIC EFFORTS OF EVERYONE WHO
STEPPED UP TO HELP OVERCOME THE UNPRECEDENTED
EFFECTS OF THE COVID-19 PANDEMIC – PRESENTED
March 9, 2021
Page 13
MR. OCHS: Yes, sir. 5B is a presentation recognizing the
heroic efforts of everyone who stepped up to help overcome the
unprecedented effect of the COVID-19 pandemic.
Mr. Chairman -- Mr. Chairman, it might be appropriate for
Commissioner Taylor to make some opening remarks since she kind
of sponsored this one.
CHAIRMAN McDANIEL: That would be fine.
Commissioner Taylor.
COMMISSIONER TAYLOR: Thank you very much. It's
about a year ago that we learned very quickly how our lives were
going to change, and it is something that we as a community have
learned, unfortunately and fortunately, about the valiant and brave
effort and also just the untiring efforts of our first responders who
could not stay at home, who had to be on the front lines.
I learned that the City of Naples was honoring this day, and I
was asked to honor it at our commission, and I think it's only the right
thing to do.
We owe a lot to them. They gave us security. Think of this
last year. Think of what we've gone through. Think of what
happened with the -- with the turbulence over the Black Lives Matter
and our community, and at all times our first responders were there.
When ambulances came -- I'll just tell you a little anecdotal story.
We had a wonderful -- we have a great family next to us with a little
boy who managed to really scar his chin to the point where they were
very concerned, and neighbors had come -- the EMS had come to my
neighbor across the street, and they were tending her and found -- and
went and left the house and were on their way, and I called to them,
and they came over and put this little boy on a mailbox -- on the
mailbox and looked at his chin and said, you know, it's okay; he
doesn't need to go to the hospital for stitches.
That's the kind of caring and attention that we have received as a
March 9, 2021
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community, and I think this is the time to honor them to say thank
you. Thank you for seeing us through this. Thank you for not
betraying your trust if in -- not betraying our trust in you, and thank
you for your strength, and this is for you.
MR. OCHS: Thank you, Commissioner, Mr. Chairman.
Ms. Price will open the presentation with a few remarks.
Len.
MS. PRICE: Good morning. Len Price, Administrative
Services Department Head, for the record.
As we hit this one-year mark, there are a lot of people who
really need to be thanked and recognized, not the least of whom,
yourselves for your leadership and support, the County Manager's
Office, the County Attorney's Office.
And so I say to the farmers and the truckers, to the grocers and
cashiers, to those who packed our food and packed up meals, for
those who never asked before, who never knew hunger and never
knew need, to the teachers and the workers and the technical pros
who turned tables and couches and living room floors into classrooms
and offices from which to do chores.
To those who made masks and wore masks and masked their
own fear so we could live another day and live another year, to those
who stayed home so we could be safe and those who came in so we
could stay home.
To the test givers and takers and tracers and such, and those who
counted cases and reported the results, to those who tried and those
who cried, to those with pride who did survive, we give our thanks
but can't express the depth of our gratitude, the immensity of respect,
for those who ran into the fray and faced the day, the enemy we
couldn't see, with bravery, tenacity, ferocity, and strength, armed
with nothing more than compassion, kindness, grace.
And to those who fought a valiant fight but succumbed anyway,
March 9, 2021
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we hold your hand, we take a stand, and together we all pray: Dear
Lord, please spread your blessing on each and every soul and help
their friends and loved ones until we all are whole.
Troy?
MR. OCHS: Thank you, Len. Well done.
(A video was played as follows:)
New tonight, the World Health Organization just declared the
coronavirus outbreak a pandemic.
COVID-19 is in Collier County. We reported this as breaking
news last night on FOX4 News at 10. Three confirmed positive
cases.
Our kids will not be back in a classroom until at least April 15th.
This is a fluid situation, and I think you've got to be -- got to be
willing and able to respond.
I cannot express what a bad decision I think it would be to
continue with those events.
I know. I keep -- I don't mean to harp on it, but what are we
going to do about our beaches?
I remember it just as clear as yesterday. It was a very
frightening time, and it was a very concerning time for our county.
When the pandemic hit and schools had to be closed, ordered to
be closed, we were already on spring break. One of only four of 67
districts. So 63 other counties could plan to have kids take home
books, take home computers, and all of those things. We didn't have
that ability.
My staff and I, we talk about it and we say, you know, when we
have hurricanes, we're very, very busy for, you know, a week or a
couple of weeks, and then we can see a light at the end of the tunnel.
In this situation, we didn't see that light because we knew we were
going to be in there for the long haul.
We know this has affected everyone nationwide. We know it's
March 9, 2021
Page 16
affected our neighbors, our friends, our family, and our heart goes out
to folks that have been through such a rough time and those that we
have lost, and we think about that every day when we review plans,
policies, and procedures and action.
So from all of us here at Emergency Services, please know
that -- our heartfelt sympathy for those who have experienced loss
during this pandemic.
No matter how hard it has been, we have had DOH employees
working literally around the clock seven days a week doing contact
tracing, keeping the public calm, and also providing our education
and guidance and outreach efforts. No matter how exhausted we get,
knowing that we are helping our community drives us and motivates
us to continue performing our job at full capacity.
It is frustrating. It has been a marathon event. We're starting
to see a little light at the tunnel, and I could not be more proud of a
community.
It's been a team effort. Every agency -- I dare not list them all,
because I'll overlook somebody -- but, you know, has really come
together. We're communicating, coordinating, cooperating, and
putting compassion in everything that we do every day associated
with COVID.
We hope to continue to vaccinate as many within the public as
possible, and we'll continue to do that with the assistance of the
Department of Health, and hopefully -- we're hoping to get to a place
where we have enough people vaccinated that we can kind of go back
to some type of normalcy so our crews don't have to wear masks and
as much PPE as possible, because they'll be protected by not only the
vaccine or herd immunity as much as it can happen.
We're also very thankful today that we sit at 89 percent of our
kids back in person in our schools. We're thankful that we've been
able to have sports and activities all year. There are still
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communities around the United States that are not even back, let
alone all those activities.
I'd like to thank, you know, the fire agencies, the law
enforcement agencies, Department of Health, and even the county
administrators and manager and commissioners as a whole. They've
all been very supportive and really just looking out for each other and
looking out for each other's mental health.
Job well done, but it's not finished yet. The game's not quite
over. As a team, we'll get through this and get back to pre-disaster
conditions and enjoying Collier County.
Thank you to everyone who's met the moment in supporting our
students and our schools.
A simple thank you from the bottom of all of our hearts.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
(The video concluded.)
MS. PRICE: And that's it, sir.
CHAIRMAN McDANIEL: Very good. Well, Commissioner
Taylor, do you have anything else you'd like to add before we move
on with our colleagues here? I'm aware.
COMMISSIONER TAYLOR: Well, I think it says everything;
however, I do believe we have some folks that have consented to
come in, and I am standing and clapping. Thank you.
CHAIRMAN McDANIEL: Yes, ma'am. Thank you very
much for bringing that forward.
Any comments from my colleagues up here? Commissioner
March 9, 2021
Page 18
Solis.
COMMISSIONER SOLIS: Yeah. I would like to also say
thank you and just say how much I've admired everyone that's, you
know, gone the extra mile during this pandemic. And I think one of
the things that makes it so, for me, impressive was that this is a time
when there's nothing to fall back on. So all of these decisions that
our law enforcement, you know, our fire folks, the County Manager's
Office, all this has been done on the fly and no -- with no track record
or prior hurricane to look back on. So I really have a lot of
admiration for the way it's all been handled and the ability to adapt
and change with it being so fluid. So thank you from me as well.
CHAIRMAN McDANIEL: Commissioner Saunders.
COMMISSIONER SAUNDERS: Thank you, Mr. Chairman.
I want to thank all of the essential services personnel, all of the
people as noted in the earlier comments, the folks that bagged
groceries, pumped gas, did all the things that people needed,
especially our first responders, but I wanted to -- I want to thank the
public, because I think the citizens of Collier County really had a
good understanding of the severity of the issue that we were facing,
and I think most people in Collier County did the right thing. They
wore masks, they exercised social distancing, stayed away from large
groups, and I think that's one of the reasons why Collier County has
done fairly well comparatively during this pandemic.
But I want to emphasize that we're a couple months away from
the point where we can really relax. People need to kind of double
down on the wearing of masks and social distancing and being
careful, even those that have gotten their first and second doses of the
vaccine need to continue to be vigilant, at least for the next two or
three or four months. And I think by that time we'll be out of this
and back to a much higher level of normalcy. So I just want to thank
everyone in our community for taking the stand that they did and
March 9, 2021
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being careful.
COMMISSIONER LoCASTRO: I'll just add something that's a
little different. I don't want to take away from any of the eloquent
words that my colleagues up here said, but on the flip side, I will also
say that these first responders work 24 hours a day whether there's a
pandemic or not.
I'm recalling back to my military days when, you know, we all
deployed to Afghanistan and for, you know, a few months everybody
had a flag in front of their house and then they slowly dwindled.
Recall when the space shuttles both blew up. Everybody was
an incredible patriotic American, and then it sort of fizzled out. So
the challenge I would say is, pandemic or not, you know, if you're a
firefighter, if you're an EMS worker, if you're a police officer, you
know, it's scary to, you know -- and I've been a healthcare executive
here locally and in other places. It's scary to walk into a room where
somebody is on a respirator and has COVID but, you know, it's
equally scary to pull somebody over at 2:00 in the morning and be a
single police officer, you know, and in a vehicle with no partner and
walk up to a car that's pitch black where the driver's leaning over and
digging through the glove box and wonder what the heck's about to
happen to you. And sometimes, you know, it's a tragedy.
I'm looking at our firefighters there, you know, a couple of them
who I know personally, and, you know, they've been on the job 24/7
and running into burning buildings. And so whether it's COVID or
lots of other things, I think this is a good time to reflect just on the
great job all of our first responders do every day whether there's
COVID or not. And maybe this is a time where we just put them on
the front burner and give it a little bit of a spotlight because of, you
know, the recent issue at hand, but to never forget. Don't let that die
out, because they're working 24 hours no matter what and are tired
and, you know, sometimes short staffed and in a critical position
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every single day. So thanks for what you do across the board,
whether we have COVID or not.
That's all I have to add.
CHAIRMAN McDANIEL: And, you know, I have to say this.
I have a list here of people that I've been asked to read to actually
recognize, and it's certainly a partial list, and a lot of the folks that are
on this list are my friends, and they don't do the job for thanks. They
do the job. But from us to you, thank you.
So with that, if I may, I'm going to read -- I'm going to read
some of these names. And, again, these are the chiefs and the
leaders of these organizations and first responders. And no slight to
those whose names aren't officially being read today. But I just -- I
want to take a moment and read these names.
And it's Deputy Chief Jorge Aguilera. My friend.
Chief Tom Weschler from the city police. Chief.
Sheriff Kevin Rambosk. Sir.
Fire Rescue Chief Chris Byrne, City of Marco. How do you do,
Chris?
Fire Chief Nolan Sapp, Greater Naples. My friend.
Fire Chief Pete Dimaria, City of Naples. Chief.
Senior Vice President, Jim Mahon of NCH Hospital.
Marketing Chief Operating Officer Susan Takacs. Where's
Susie? Oh, there you are. I didn't recognize you.
MS. TAKACS: The mask.
CHAIRMAN McDANIEL: CEO Dr. Emily Ptas --
COMMISSIONER SOLIS: Ptaszek. Say your name.
DR. PTASZEK: Ptaszek.
CHAIRMAN McDANIEL: I talk to Dr. Emily all the time but
avoid trying to pronounce that. How do you do, dear?
DR. PTASZEK: Great.
CHAIRMAN McDANIEL: With the Healthcare Network of
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Southwest Florida. Been an amazing partner with our Health
Department and assisting our underserved communities in Collier
County.
CEO Daniel Dunmyer, Landscape Hospital -- or excuse
me -- Landmark Hospital of Southwest Florida. Sir.
And folks that weren't able to attend; my friend Michael Choate,
Chief of the Immokalee Fire Department, and Chief Tracy Frazzano
from the City of Marco.
And unmentioned in this list, county employees, our EOC, our
staff across the board who have had to manage through this process.
As Commissioner Solis said, there was no rulebook when we were
dealing with this, and you folks remember the arduous discussions
that this board had making decisions on how necessarily to govern
and manage our community throughout this process. So it's with
that, to our first responders, thank you all very much.
(Applause.)
COMMISSIONER LoCASTRO: Mr. Chairman?
CHAIRMAN McDANIEL: I've got -- I'll get to you.
I'm -- you push your button, and I'll get to you.
COMMISSIONER LoCASTRO: It's pushed.
CHAIRMAN McDANIEL: Go ahead.
COMMISSIONER LoCASTRO: I know how this works.
CHAIRMAN McDANIEL: Do you?
COMMISSIONER LoCASTRO: Yeah.
CHAIRMAN McDANIEL: Okay. Wait for me to call on you
then. Go ahead.
COMMISSIONER LoCASTRO: See how easy that was?
CHAIRMAN McDANIEL: Yes.
COMMISSIONER LoCASTRO: First of all, that's a perfect
list. I wanted to just add a couple others. No list is going to be
complete, but I think we'd be remiss if we didn't talk about the
March 9, 2021
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Neighborhood Healthcare Clinic and how much that they've done.
St. Matthew's House and David Lawrence Center have really been,
you know, busy all the time, whether there's a pandemic or not, but
have really stepped forward.
I know something that's near and dear to my heart and
Commissioner Solis, the Wounded Warriors of Collier County. I
mean, they're -- sir, I don't mean to steal your thunder -- I'll take that
one out. You can -- they've also, you know, done incredible work.
So I just wanted to mention them.
Thank you.
CHAIRMAN McDANIEL: Commissioner Solis.
COMMISSIONER SOLIS: Well -- and I was -- I was going to
say the same thing, that there's a lot of organizations out there that
have really stepped up. The Naples Senior Center has done an
incredible job helping some of our senior citizens that maybe have
trouble with technology.
And, as Commissioner LoCastro said, I was just going to give a
shout out to Wounded Warriors of Collier County. As of last week,
they had helped vaccinate 293 senior veterans and their spouses. So
they've done a great job as well.
Thank you.
CHAIRMAN McDANIEL: Well -- and as I said, you know,
it's difficult when you're put in a position to read a list at all, because
someone's going to get -- someone's going to get left out.
So I want to thank -- I want to thank everybody again. And I
appreciate Commissioner Taylor bringing this forward as a minute of
acknowledgement for our friends that serve as our first responders.
Thank you all again.
Item #5C
March 9, 2021
Page 23
AN UPDATE ON CORKSCREW SWAMP SANCTUARY’S
DECLINING DRY SEASON WATER LEVELS AND
COMPLETION OF A RECENT REGIONAL INVESTIGATION
ON CAUSES AND SOLUTIONS – PRESENTED; MOTION TO
BRING BACK AS AN ITEM ON A FUTURE BCC MEETING
AGENDA WITH STAFF’S ANALYSIS – CONSENSUS
MR. OCHS: Mr. Chairman, that takes us to Item 5C on your
agenda this morning. This is a recommendation to receive an update
on Corkscrew Swamp Sanctuary's declining dry season water levels
and completion of a recent regional investigation on causes and
solutions. This item was placed on the agenda by Commissioner
Taylor.
COMMISSIONER TAYLOR: I'm sorry. Mr. Chair, would
you like me to speak to this or --
CHAIRMAN McDANIEL: Not -- I mean, not unless you have
actual input.
COMMISSIONER TAYLOR: No.
CHAIRMAN McDANIEL: I think there's someone from the
sanctuary here. If not -- is Ms. Shawn here, or is she attending
virtually?
MR. OCHS: No. We have -- we have two speakers here
from --
CHAIRMAN McDANIEL: Okay. And we're going to -- we're
going to limit Brad's communication to just a minute.
DR. CLEM: All right. Good morning. Thank you, Mr. Chair
and Commissioners, for inviting us to be here today. I am
Dr. Shawn Clem. I'm the research director at Audubon's Corkscrew
Swamp Sanctuary, and I'm a community ecologist with over 20 years'
experience working in the Everglades ecosystem.
My colleague, Brad Cornell, and I are excited to share results
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from a hydrologic modeling project that was recently completed by
Audubon in partnership with the South Florida Water Management
District Big Cypress Basin.
CHAIRMAN McDANIEL: Do you need help pushing the
buttons?
DR. CLEM: I'm pushing it. It's just not doing anything. Let
me see if I click if it will work. There we go. Now it's going.
Corkscrew Swamp Sanctuary is a 13,000-acre National
Audubon Society sanctuary located at the heart of the over
60,000-acre Corkscrew Swamp Regional Ecosystem Watershed.
The sanctuary's home to the largest remaining stand of old-growth
bald cypress in the world and is recognized as a Wetland of
International Importance by the Ramsar Convention and a Wetland of
Distinction by the Society for Wetland Scientists.
This sanctuary owes much of its conservation status to this
species, the wood stork.
For well over a century, nearly every winter and spring the
old-growth bald cypress trees that are now found within Corkscrew
Swamp Sanctuary have supported a wood stork colony, a colony that
historically was the largest wood stork colony in the U.S. In the
early 1900s, National Audubon Society sent a deputized warden to
live within this colony to protect it from plume hunters.
In the late 1940s when logging ling was sweeping across the Big
Cypress, Audubon acquired the property in order to protect the
colony site from logging. In more recent years, Audubon's focus has
been broadened as we continue to work to protect the sanctuary's
natural resources, now often focusing on stressors that are coming
from beyond our boundaries.
The earliest estimate of the size of the Corkscrew Swamp colony
was made in 1910 when over 100,000 birds were counted in the
colony. Audubon staff began annual surveys of wood stork nesting
March 9, 2021
Page 25
the late 1950s, and by the late 1970s we had seen the annual nesting
numbers begin to decline. While the number of nesting pairs
declined significantly, concurrent with development across our region
and subsequent loss of wetlands that these birds use to feed, storks
continued to nest annually until the mid 2000s.
In 2007 we began to see a pattern where wood storks failed to
nest at Corkscrew more often than they nested, with wood storks
nesting in the sanctuary only five times in the last 15 years, and those
five years averaging only 125 nests per year compared to the
thousands of nests per year that we saw in the 1960s and 1970s.
Throughout the Everglades, the scientific literature is clear that
the hydrology drives the production of aquatic prey. More water
results in more fish and crayfish, and the availability of that aquatic
prey is what limits wading bird populations, more available food
results in more wading birds. It was with this in mind that we first
started looking into Corkscrew Swamp Sanctuary's hydrology hoping
to answer the question, what has changed for wood storks over the
past few decades that could be causing the decline that we've been
observing?
And we're fortunate to have a couple of long-term datasets that
tell us some of this hydrologic history. For reference here in green is
the sanctuary's Blair Audubon Center and two-and-a-quarter-mile
boardwalk, along which we have several locations where long-term
data were collected beginning in the late 1950s. Dr. Mike Duever
and I analyzed and published these data with peer review in 2019.
And at first glance, it was apparent that our hydrology had, in
fact, changed over time, but these changes had gone somewhat
unnoticed, because our annual and interannual hydrology is so
dynamic. One of the places the change was most apparent was along
the boardwalk at the lettuce lakes where wading birds gather in a
feeding frenzy every spring.
March 9, 2021
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We saw this area dry down completely about once every five
years from the 1960s to the 1990s, but from the 2000s to 2019, it
dried down four out of every five years, and when it dried down, the
dry-down lasted 40 percent longer. Notably, our analyses indicated
no change in rainfall patterns over this same time period.
We then looked at how this -- we looked at this change over
time to really try to better understand the timing of when that change
happened. And this graph represents the water levels at the staff
gauge at the lettuce lakes, in a typical year in the 1960s.
The X axis across the bottom represents the hydrologic year
from June 1st to May 31st, and the Y axis shows the water depth at
that gauge with zero representing the ground level.
So here in the 1960s, you can see water levels rise in the
beginning of the wet season, reach an annual peak in early October,
and then water levels slowly fall throughout the winter and spring
months that coincide with wading bird nesting season.
This long, slow water-level recession is critical for concentrating
fish into depressions that allows wading birds to collect enough food
to reproduce and fledge chicks.
Looking at the shape of this graph decade by decade, we see a
similar pattern in the 1970s, the 1980s, and the 1990s, and then we
saw a dramatic change in the 2000s. Water levels are still reaching a
similar wet season peak in early October, but water levels are falling
below ground in May, not returning above ground until late June, and
the slope of the line, or the speed that water levels are falling through
the nesting season, is much greater. And we saw a similar pattern to
this in a typical year in the 2010s.
Again, to emphasize the change in the shape of this graph, you
can see the 1960s side by side with the 2010s.
When we looked at what this change looks like across our native
habitats, we saw the hydroperiod -- which is the number of days
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water levels are aboveground each year -- in our freshwater marshes
decrease by 29 percent or became 2.6 months shorter, the
hydroperiod of our iconic bald cypress decreased by 18 percent or
became 1.9 months shorter; and that of our pond habitat, which
ultimately serves as the deep-water refuge for aquatic animals like
alligator and otters in the dry season, decreased by 17 percent, also
becoming two months shorter.
So what are some of the implications of this change? Well, for
wildlife, in addition to reducing the amount of food available for
wading birds, alligators, and other fish-eating animals, over-drying of
nesting sites can make the actual nests more vulnerable to terrestrial
predators like raccoons, which we saw for the first time in the
Corkscrew colony in 2018 when raccoons were able to climb the
cypress trees, get into the colony, and eat the chicks and the eggs.
For our plant communities, standing water throughout the dry
season moderates the microclimate -- the humidity and temperature
that our subtropical plants depend on.
For -- dry conditions make it much harder for our land managers
to maintain native communities using fire, and an over-dried swamp
becomes vulnerable to catastrophic wildfire.
Shortened hydroperiod decreases our capacity for recharging the
aquifer, and the less time freshwater flows through our inland
wetlands, the less filtration those wetlands provide. We also know
that changing the hyrdo-period of our inland wetlands can change the
timing and quantity of freshwater inputs into our estuaries.
So where could this water be going? We focused on four
factors that we thought were most likely to be contributing to the
observed changes at Corkscrew Swamp: Groundwater withdraws
for agriculture, groundwater withdraws for residential use; increased
evapotranspiration which results from a change we've seen in plant
communities across our region; and water management for flood
March 9, 2021
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control.
We think it's really important to note here that none of these
drivers or stressors are unique to Corkscrew Swamp Sanctuary. This
research is highly relevant to -- you know, throughout Southwest
Florida, and it provides insights that can be applied in many other
parts of South Florida and beyond.
So the modeling project we just completed focused on the area
immediately surrounding the sanctuary, which is shown here in
green, and the area of the study was -- is the yellow polygon.
Audubon contracted Water Science Associates bringing on
Roger Copp, Kirt Martin, and Marcelo Lago as our modeling team.
Our head modeler, Roger Copp, is here with us today, and I'd like to
recognize him in the event there are any technical questions
afterwards that he can assist with.
Essentially, what we did was build a model that depicted current
conditions, and then we ran scenarios that represented dramatic
changes in hypothesized drivers. It's important to note that our first
three scenarios were extreme. They were somewhat unrealistic, but
they were only intended to kind of move the needle and allow us to
understand the relative contribution of factors.
So the first scenario was actually run as three different
iterations. First, we eliminated all agricultural pumping within the
model domain. Groundwater pumping was removed from all of the
farms that are shown here in peach. When we did this, one area of
Corkscrew Swamp actually became drier. It seems this area is
wetter than it was historically due to farms pumping enough water
that it raises the water table in local area.
Elongating the hydroperiod in this year, we're seeing on the
ground, is making land management challenging, as it currently
doesn't dry out long enough to use prescribed fire as a
land-management tool.
March 9, 2021
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In the second run we eliminated all public wellfields, which are
seen on this map here as white dots. While this change increased the
hydroperiod in Flint Pen Strand, there was no impact on the
sanctuary.
And, finally, we eliminated both agriculture and wellfields,
which resulted in a modest hydroperiod increase along Corkscrew's
boardwalk, something on the order of the water being six inches
deeper and the hydroperiod being a few weeks longer.
So we saw a significant hydrologic change from eliminating
pumping, but the model did not return the sanctuary to anything close
to 1960s or 1970s conditions.
The second scenario focused on removing willow, which is a
native woody shrub that's been spreading across marshes and wet
prairies throughout the Corkscrew watershed and other parts of the
Everglades and Florida as well. This shrub has a higher
evapotranspiration rate than the sawgrass that it generally replaces,
and studies have suggested the spread of willow results in a net water
loss for an ecosystem.
In our modeling, removing willow reduced the amount of water
loss to evapotranspiration, but the water savings was not enough to
result in a noticeable change in hydrology.
Our third scenario focused on eliminating drainage associated
with flood control downstream of the sanctuary. For this scenario,
we eliminated all canals and water-control structures in this yellow
polygon, which lies south of the sanctuary and north, east, and west
of Immokalee Road. Again, eliminating flood control in this region
was never meant to be a realistic scenario and only one we could use
as a tool to look at the impact that those canals may be having on the
sanctuary.
We found that downstream drainage is far and away the greatest
stressor on the system and reducing downstream drainage will
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be -- likely be the key to restoring appropriate hydroperiods in
Corkscrew Swamp Sanctuary. When we removed these canals, we
saw a significant increase in sanctuary water levels and hydroperiod,
and this graph that I've shown here, you can see the current
conditions in red where we dry down below ground every year. And
the scenario outcome is in blue where you can see we don't dry
completely down. And what we see is actually pretty similar to what
we saw at Corkscrew Swamp in the 1960s and the 1970s.
It's also worth noting here that we know downstream
conveyance associated with the Corkscrew Canal was improved in
the mid 2000’s, around the same time that we began to see significant
hydrologic change in the sanctuary.
Knowing that completely removing flood control downstream of
the sanctuary is not realistic, for the final scenario we focused on
what we can do. We explored options that would reduce outflows
from the sanctuary while maintaining flood protection for our
neighbors, the homes and businesses south of the sanctuary.
In this scenario, we added a berm and a clay cutoff wall along
the northernmost trail at Bird Rookery Swamp which lies just south
of the sanctuary, along with some new weirs and operation changes
to existing structures.
This scenario demonstrated that retaining groundwater through
the dry season is possible with engineering, but we weren't able to see
as much hydrologic improvement as we were hoping to see.
We identified a need for improved topography and more
monitoring data in this region in order to develop a robust mitigation
strategy for the sanctuary.
So to conclude, our modeling project suggested two driving
factors significantly impact sanctuary hydrology: Downstream
drainage and groundwater pumping. Downstream drainage clearly
had the greatest effect, and we found we were able to reduce some of
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that drainage through engineering and operations changes, but more
work needs to be done to develop a comprehensive mitigation
strategy and plan to restore Corkscrew Swamp Sanctuary's
hydrology.
We found that in wetlands immediately downstream of
agriculture, groundwater pumping has a negative impact on sanctuary
hydrology, which creates a real challenge for a land manager, since it
fosters the spread of willow and inhibits prescribed fire.
We also found that while removal of invasive woody vegetation
has clear benefits for wildlife, this type of restoration does not result
in significant water savings for the sanctuary.
My colleague, Brad Cornell, will now share Audubon's policy
recommendations stemming from the results of this modeling study.
Thank you.
MR. CORNELL: Thank you.
Good morning, Commissioners. Brad Cornell with Audubon of
Florida, Corkscrew Swamp Sanctuary, and also Audubon Western
Everglades.
So I appreciate the time. Again, as Dr. Clem shared her slides,
I want to just frame this, the Corkscrew Swamp Sanctuary's
hydrologic model is a very powerful new tool not only for the
information that it provides Audubon to diagnose the causes of a
20-year decline in water levels and all the harm that goes with that, it
also illuminates the regional nature of watershed hydrologic impacts
and solutions. That regional nature requires Audubon to work
collaboratively with the Big Cypress Basin, the South Florida Water
Management District, local governments, including Collier County,
and all of our land-owning neighbors in order to solve these grave
challenges for everyone's mutual benefit.
So following are some ideas on strategies to fix this problem.
Starting off, let's look at demands for flood protection and the need to
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hold more stormwater. The map that we're looking at here is the
five-year floodplain map for Bonita Springs. It shows areas in blue
that flood every five years, which is pretty frequently.
We all should strongly support the buy-out of properties which
repeatedly flood and help lessen the demand for flood protection and
drainage from upstream wetlands for areas that are hard to defend.
Shifting water from the Imperial River Basin to the Cocohatchee
River Basin, however, risks increasing drainage of Corkscrew
Swamp Sanctuary, and this is an issue that Commissioner Solis has
been wrestling with, with Bonita Springs and with the Water
Management District to find a mutual solution.
Another positive approach is retrofitting old stormwater systems
like new weirs on the Twin Eagles or fairgrounds ditches and
designing new stormwater systems to hold more water throughout
our watershed basins which will further hydrologic health. Collier
County's Watershed Management Plan, which was adopted back in
2011, identifies a whole suite of strategies, both structural and
nonstructural, to help solve these kinds of problems. Likewise, the
South Florida Comprehensive Watershed Management Plan adopted
by the Water Management District and the Army Corps of Engineers
in 2013 provides data and analysis on many projects throughout the
region to improve water resources.
Understanding the regional nature of this watershed issue and
using the Corkscrew Swamp model as a basis, Audubon and the
Basin and Collier County and others should collaborate with the
major watershed science and restoration efforts that are going on,
including the Lee Flood Mitigation Plan and the South Lee
Watershed Restoration Initiative Modeling project, plus acquisition
and restoration of strategic parcels like the CREW headwaters that
are shown here northwest of Lake Trafford in green, that polygon to
the northwest, or expanding public lands into the CREW project
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north of Bonita Beach Road in East Bonita Springs all would benefit
CREW resources.
And I want to emphasize here again, restoring and protecting the
health of the CREW wetlands is key to lessening downstream red tide
and algal blooms, plus lowering the risk of catastrophic wildfire and
the collapse of South Florida's water-based economy. Just last May
there was a 9,000-acre wildfire in North Belle Meade and Golden
Gate Estates that required over 700 families to evacuate, so the risk is
clear, both to people and to nature.
Rule-making could be pursued to add environmental resource
permitting programs and 404 wetland permitting criteria to avoid
building in floodplains. Collier County could be more proactive on
floodplain avoidance in the Growth Management Plan and LDC.
Likewise, we should consider rural criteria to prohibit any discharges
which would harm downstream conservation lands like we're
experiencing now in the north side of Corkscrew Swamp.
And I want to note that National Oceanic and Atmospheric
Administration, or NOAA, they have data that show we have lost
over 30,000 acres of wetlands in Lee and Collier Counties since
1996; just those two counties.
Public investment and partnerships are needed to retrofit
existing water management systems that are shown to harm their
neighbors; and as we noted in the modeling results, public water
supply wells can undermine wetlands even five miles away. This
lower west coast water supply plan map that you see here show us the
prevalence of surface water sources of public water supply. All the
blue dots are surface water wells. So we are kind of infamous in
Southwest Florida for depending on surface water. We need to
move away from that.
Next steps. We need to -- we need more monitoring data
collected using additional sites. We must solve the problem also of
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inaccurate LiDAR topographic data. This is a problem that
everybody has with LiDAR, because tree canopies and water and
wetlands confuse the technology. And we need to run additional
modeling scenarios to test more options to address the problems.
What we tested showed promise, but it wasn't enough. It wasn't
getting us enough water back.
Above all, collaboration with landowners, agencies, local
governments like Collier County, and on a regional basis is what's
necessary to solve these water problems for everyone's benefit.
How can Collier County help? Along with the Big Cypress
Basin and Bonita Springs, let's pool our resources and ideas to come
up with the strategies like underground clay barriers, new gated
weirs, stormwater fixes, and get them modeled and then build them
together. We are holding follow-up meetings this week with the Big
Cypress Basin staff, and we hope that we could also meet with your
staff soon as well, if you give direction.
We want to especially thank Kirk Martin and Roger Copp of
Water Science Associates and Marcelo Lago of Lago Consulting
Services for their excellent modeling work, and we want to give a
special thanks to Dr. Duever and Anatha Nath with Collier County,
actually, and we are grateful to the South Florida Water Management
District and the Big Cypress Basin, including Akin Owosina, Kent
Feng, Lisa Koehler, and the Chair of the Big Cypress Basin, Charlette
Roman, for their collaboration and support.
And as Dr. Clem mentioned, we have the principal modeler,
Roger Copp, with us in the audience. So if you have any questions
of any of us, we'd love to entertain it. We think this is a really big
issue for Collier County and for Audubon. So thank you for the
opportunity to share it with you-all.
CHAIRMAN McDANIEL: Absolutely. It's good seeing you,
my friend. There are a few questions. I have several, and I'm going
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to call on my colleagues here first --
MR. CORNELL: Please.
CHAIRMAN McDANIEL: -- and then I'll come at you.
Commissioner Saunders.
COMMISSIONER SAUNDERS: Thank you, Mr. Chairman.
I have a couple questions and maybe a comment or two. One
of the issues that we have struggled with as a board for the last two or
three months is the issue of the expansion of the Big Cypress Basin
boundary, permitting those funds collected in that area in Lee County
to be focused and used only in Lee County as opposed to being used
in the Okeechobee basin.
So a couple questions. Number one, has your organization
taken any position in reference to the expansion of the Big Cypress
Basin --
(Simultaneous crosstalk.)
MR. CORNELL: We have not. We have been meeting with
Senator Rodriguez and with Senator Passidomo and trying to sort out
the pluses and minuses. The bill has been modified from its original
form. And I listened to your long discussion about that at your last
meeting, and it's clearly -- it's not black and white.
So there are some good things that could come out of a regional
approach to funding these sorts of things, and there is some
challenges, including such things as ramping up drainage projects,
which, you know, is not -- you know, while we want to protect
people, we don't want to over drain our resources, so we have not
taken a position.
COMMISSIONER SAUNDERS: All right. In terms of a lot
of the things that you discussed in terms of water management, flood
management, acquisition of property, especially in the Bonita Springs
area, do you know if there are sufficient funds within the Bonita
Springs budget to acquire properties that you're describing?
March 9, 2021
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MR. CORNELL: So you may remember -- I think it was two
years ago there were federal funds allocated to the state of Florida in
the amount of about $350 million, if I recall correctly, for this express
purpose, to buy out properties that repeatedly have claims for
flooding, and East Bonita Springs was a logical place to spend some
of those monies.
I don't believe that program saw a lot of traction, and I think that
was the right idea. And so whether it's through FEMA or some other
program like that or through a state program that is yet to be
materialized, I think that's what we're talking about.
(Simultaneous crosstalk.)
MR. CORNELL: So does Bonita Springs have it? No.
COMMISSIONER SAUNDERS: I was going to say, I can sort
of answer that question for you. They don't have the funds available
for that type of acquisition.
MR. CORNELL: Right, right.
COMMISSIONER SAUNDERS: So one last question, then,
because I've been supportive of the expansion of the Big Cypress
Basin, and the reason I've been supportive of it is just the testimony
that's been presented this morning indicates that in certain areas of
Collier County we need more water. And how do we get more water
into this preserve? It seems to me that that water would come from
the north, most likely, and -- because we're not going to be
eliminating drainage and flood control systems to the south to
accommodate that preserve, because then we'll be flooding our
neighbors here south of that.
So it seems to me that the issue is more money for more flood
control and water management that would benefit both Collier and
Lee Counties, and that's the reason that I've supported the expansion
of the boundary.
And it sounds like -- and this is kind of a question. It sounds
March 9, 2021
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like we don't have a whole lot of options to fix this problem short of
generating more revenue, more money, to do the things that are
necessary to fix this problem. Is that -- I mean, is that a fair
statement? Everything --
MR. CORNELL: Everything does cost money --
COMMISSIONER SAUNDERS: -- depends on the money.
MR. CORNELL: -- absolutely, and the kinds of strategies that
are in your Collier County Watershed Management Plan from 2011
as well as the other restoration plans as well as the way the Big
Cypress Basin manages their canals and your own stormwater
department manages their facilities clearly cost money.
And I think it's not entirely accurate to say we have no options
in terms of south of Corkscrew Swamp Sanctuary. The options that
we're looking at that we modeled have to do with holding more water
back, retaining more of the water so it doesn't go to tide down the
Cocohatchee Canal or the Cocohatchee River. So adding weirs to,
like, the fairgrounds ditch or to the Twin Eagles ditch or looking at
operation schedules and making weirs gated rather than just sort of a
fixed-crest weir, those sorts of things would all be an improvement
south of it. So we can fix our things, and those are in
your -- actually, they're in your Watershed Management Plan.
COMMISSIONER SAUNDERS: Thank you.
CHAIRMAN McDANIEL: Commissioner Taylor, do you have
questions, before I -- before I go?
COMMISSIONER TAYLOR: No. But after you go and after
my colleagues have commented, I'd like to perhaps suggest
something. So I would like to wait until I hear from you, sir --
CHAIRMAN McDANIEL: Okay.
COMMISSIONER TAYLOR: -- and my colleagues. Thank
you.
CHAIRMAN McDANIEL: I see you brought your chief
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modeler with you, and you and I have had lengthy discussion with
regards to this circumstance.
And, Commissioner Saunders, one of the things that -- and I
don't know -- and, County Manager, maybe, if you can help me a
little bit. There was some discussion about modeling being done,
because on one of the maps that was shown there, one of the main
Golden Gate canals that runs all the way from just south of
Immokalee Road clear down through and ties into and ultimately
feeds into the Gordon River is right there at the north end.
And we've had discussions about rehydration processes. You
know, we're spending $30 million on the south end of that pump -- of
that canal system to pump water and rehydrate the north -- the south
end of the North Belle Meade. You and I have had discussions
about rehydration efforts through the -- to becoming Immokalee
Road villages, I think, is what they're called.
You and I have had discussions about -- because one of
the -- one of the interesting points is one of your favorite
commissioners lives right up there next to the sanctuary; that'd be me.
When you get water on the north side of Immokalee Road, it flows
north, not very far north of Immokalee Road. The topography drops
off and into the sanctuary.
And with the advent of the development that's coming, the
Hogan Island proposed project and the RLSA, the Immokalee Rural
Villages, that main canal system, we can still support the dehydration
or, if you will -- I don't want to call it dehydration. The reduction of
water level in the residential areas south of the swamp and promote
rehydration efforts back into the sanctuary just with a pump system to
move the water either over or under Immokalee Road and tie it
into -- because if you'll recall, part of the development criterium in
the RLSA is a hydric barrier around those residential developments.
And that water could be flowed straight into that hydric barrier
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on -- for the proposed Hogan Island project and gravity feed right
straight in and assist with the rehydration processes.
So have we -- that's a long statement to get to the question:
How are we coming with the modeling? Because you and I had
talked about that in that regard.
MR. CORNELL: So modeling, as you know, is very
expensive. We focused on what we saw as the most likely culprits,
if you will, in terms of sources of dry season water level declines in
Corkscrew Swamp Sanctuary. Clearly, that's not the end of the
story, but it did identify a very prominent factor in those declines, the
overdrainage factor from the south.
CHAIRMAN McDANIEL: Well, originally, the canal systems
were dug to, literally, drain the swamp. That's what they were there
for.
MR. CORNELL: Right. So it shouldn't be a surprise the
canals are draining.
CHAIRMAN McDANIEL: We've now subsequently learned
that that wasn't such a great idea, and a balance can, in fact, be
maintained, so...
MR. CORNELL: Right. And so the question now that's in
front of us is, how can we protect our water resources and prevent
catastrophic wildfire risk both for the sanctuary and resources as well
as for the people living in Golden Gate Estates or the Corkscrew
Island community or North Belle Meade? All those places are very
vulnerable.
So we need to figure out how to keep our flood protection and
keep our wetlands hydrated like they used to be, and that's a big
challenge. And modeling will help. We need more ideas and
funding for those modeling efforts to look at strategies to fix --
CHAIRMAN McDANIEL: I'm going to swing back to my
county manager. Leo, we talked with Gary McAlpin, I think it was a
March 9, 2021
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year, maybe two, ago, and in the modeling processes for that $30
million pump apparatus on the south end we were going to include
the modeling for the north end. Was that ever done?
MR. OCHS: Not to my knowledge, sir.
CHAIRMAN McDANIEL: Okay. And, now, that comes back
around to a similar comment that I heard coming out of
Commissioner Saunders, and that is my first take on the combination
of Lee County's proposed boundaries into the Big Cypress Basin is
close to four and a half million dollars a year that can be devoted over
to projects in Lee County and, of course, coordination on how those
monies are expended for rehydration purposes, so ons and so forth,
can -- at the end -- I think you said it earlier, and money is a key
factor as to how we get through this process. So --
MR. CORNELL: No question.
CHAIRMAN McDANIEL: -- I would like, if possible, County
Manager -- and, again, just, again -- if we have to have -- I think
Commissioner Taylor's going to do what I was thinking about doing,
and that would be actually bring this back as an actual item, public
discussion, and maybe we can make some policy decisions as to how
we can assist with this -- with this rehydration effort. I would
certainly entertain that if my colleagues are okay with it.
And 4.5 million coming from Lee County for projects that are
upstream of the sanctuary could actually be a huge benefit. Are
there -- have you seen anything in the CERP and WERP processes
that potentially -- I'm getting a lot of back-feed -- the CERP and
WERP programs, Central Everglades Restoration Program -- you
know what they are -- because I know they're doing that C43
reservoir right off the Caloosahatchee for water quality coming out of
the river, and that southwest corner of that reservoir is right next to
the main canal, the East Lee County drainage district that runs clear
down and underneath State Road 82 and into the north end of our
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CREWs. So has there been any discussion about rehydration efforts
coming right straight out of the river?
MR. CORNELL: So if you look at the Southwest Florida
Comprehensive Watershed Management Plan and the modeling effort
that, actually, I believe Roger Copp is going to be working with the
CHNEP on for South Lee County, those kind of questions are going
to be explored both through modeling and looking at the projects that
have already been kind of initially spec'd out for consideration,
because the CREW system is part of it, but South Lee and North
Collier is -- it's a big area, and it's really critical to everybody's
interests. So that's an expansion of that whole modeling and
restoration question that you're raising.
CHAIRMAN McDANIEL: Absolutely.
MR. CORNELL: And so, yes, that should be explored.
CHAIRMAN McDANIEL: I hope it is. I'd like to see that.
And with that, I'm going to go to Commissioner LoCastro. I
got it.
COMMISSIONER LoCASTRO: Mr. Cornell, I just want to
say, I'm really impressed with this presentation and your deep dive
and eloquence. You know, sometimes people come to the podium
and they just sort of raise their voices a little bit about all the things
we're doing wrong and this and that but don't really package it the
way that you have.
I'll get a little off topic here, but it is under the umbrella of the
environment. One of the -- I'm not minimizing this at all. This is a
huge project, and this has really gotten me up to speed on the
opportunities, challenges, possible solutions, but it's got me sitting
here thinking that one of the things that I'm putting on the -- on the
short list for District 1 is Tigertail, you know, Beach, Tigertail
Lagoon.
So different topic but same experts. Be prepared for me to
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reach out to your team through our staff. I'm about to host sort of a
first meeting where I really could use analysis at this level on, you
know, some things that are going on at Tigertail, which are a little
different of an issue, but it's all environment.
So I just wanted to plant that seed. Make note of my name.
Somebody grab my business card. I'll work through the staff. But
this is the kind of expertise I need to add to my, what I call, like, sort
of, you know, my kitchen cabinet, my Tiger team so we can really
talk about what's happening, what is possible. You know, there's a
lot of experts in District 1 that I'll say, you know, why haven't we
done this, this, this, and this, and I guarantee if I brought you, Fish
and Wildlife, and a few other environmental agencies that I think
highly of to the table, they would say, hey, all those are great ideas
but, actually, they can't be done, and here's why, and here's why you
wouldn't want to do them. And that's the -- I want to separate rumor
from fact with actual experts and not just people that all sort of want
to do rapid things that cost a billion dollars and actually would harm
more than hurt.
So I look forward to getting to know your organization a bit
more, and, you know, this is the kind of science and expertise and
deep dive that we need so, you know, we're making the right
decisions on our, you know, dwindling pieces of environment that are
highly impacted sometimes by very small things that have a really
big, you know, negative impact.
So thank you, and I look forward to working with you-all.
MR. CORNELL: Thank you, Commissioner LoCastro. And I
will just note that you hit a theme that we have tried to emphasize,
which is healthy watersheds upstream are directly linked to good
water quality and reducing impacts like red tide and other things on
downstream on the coast.
COMMISSIONER LoCASTRO: So find your Tigertail expert,
March 9, 2021
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okay. And if that's you, I look forward to meeting.
MR. CORNELL: I am not a scientist. The scientists are
sitting behind me. You're asking the wrong person to be talking up
here.
COMMISSIONER LoCASTRO: Thank you, sir.
CHAIRMAN McDANIEL: Commissioner Solis.
COMMISSIONER SOLIS: Yeah. I would just like to thank
Brad and the folks from the Corkscrew Swamp Sanctuary for the
presentation. It was very well done, and just -- I don't know how to
do this other than to kind of ask the question.
The issues that have been suggested or raised in the
presentation, County Manager, I mean, I think everybody feels that
these are really important issues, and I'm just wondering, is there
anything else or more that we could do in terms of staff working
with, you know, the Audubon, the other environmental groups to find
more holistic ways that the county can participate in in doing these
things? I mean, are we maximizing what we're doing, or do you
need some direction to do that to spend staff time? I'm just curious.
MR. OCHS: No, sir, I don't need any additional direction. I
think the Chairman was about to go there in terms of a follow-on
staff report and analysis, and that would, obviously, require us to
spend that time with these folks and others in the region, both in Lee
and Collier, to make sure we're giving you the best information that
we can.
COMMISSIONER SOLIS: Yeah. I think we need to -- we
need to be as proactive as we can, obviously. You know, the issue
of the expansion of the Big Cypress Basin, I think Mr. Cornell hit the
issue right on the head, and that is at this point there's -- we need time
to sift through the pros and cons of that because, you know, it would
be great in the $4 million were used to address these issues, but they
might be used for something else that would -- that would exacerbate
March 9, 2021
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that.
So I think that's the issue as far as I'm concerned. But, yeah, I
would like to see us as a county working as proactively as we can
with everyone to address these issues because they -- you know,
it's -- obviously, the sanctuary's probably just kind of a thermometer
for the whole environment --
CHAIRMAN McDANIEL: Absolutely.
COMMISSIONER SOLIS: -- there and south of there as well.
So we need to pay attention to what's going on there.
CHAIRMAN McDANIEL: Absolutely.
MR. CORNELL: Commissioner Solis, if I may just comment.
And what County Manager Leo Ochs just said, too, you have very
capable staff. In fact, I have learned a tremendous amount from
your staff. And, likewise, the Big Cypress Basin and Water
Management District have extremely talented water managers and
engineers that are part of this, and there's no way that any one of us
can solve this problem by ourselves. And so that's what I guess I'm
encouraging you-all to think about participating. You have your
own facilities, your own weirs, your own canals, and that has a big
influence on how we solve this problem.
CHAIRMAN McDANIEL: There's no silver bullet.
Commissioner Taylor?
COMMISSIONER TAYLOR: Thank you very much.
I was curious, Mr. Cornell, about the two documents that you
mentioned at the beginning of your presentation which I thought you
said -- maybe I interpreted what you said -- that these were very good
reference documents for what could be done. Am I incorrect on
that?
MR. CORNELL: No, you're correct. So your own Collier
County Watershed Management Plan from 2011 has a suite of both
structural and nonstructural projects that still are relevant today, and
March 9, 2021
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also the larger Southwest Florida -- former Southwest Florida
Feasibility Study now called the Southwest Florida Comprehensive
Watershed Management Plan, it's basically Everglades restoration for
Southwest Florida, and that was completed by the Army Corps and
the Water Management District back in 2013 after a decade of
engineering and discussions amongst many, many agencies,
including Collier County, for years.
So those are both treasure troves of ideas about how to address
water problems.
COMMISSIONER TAYLOR: All right. Thank you.
And I see the time; it's -- you know, that it's waning here.
My suggestion to my colleagues -- and, Commissioner Solis, I'm
agreeing with what you also said, to encourage staff to continue
working with the Audubon about this treasure we have, this
Corkscrew Swamp Sanctuary which is a huge driver for tourism; it's
a money-maker, meaning it helps pay taxes, as well being something
that is critical for a barometer of the health of our system.
And I would like to see if there's any willingness among my
colleagues to ask for a presentation of these two documents
referenced by Mr. Cornell. Then we will, I think, have a grasp of
the -- of the problems and the solutions from a scientific background,
two of these documents. I'm not suggesting that we spend an
afternoon or workshop on them, but I do think it's worthy of -- for
me, at least, to review it, and I think for the public.
And that's all I -- that would be a motion, if I have any kind of
support for that --
COMMISSIONER SAUNDERS: I'll second that if it's a
motion.
COMMISSIONER TAYLOR: -- to have staff continue --
CHAIRMAN McDANIEL: Yeah, we're good, Commissioner
Taylor. I think we're all shaking our head in an affirmative manner,
March 9, 2021
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and staff's got direction -- do you need to have a vote on that
or -- formally?
MR. OCHS: No, sir. I understand what you need.
CHAIRMAN McDANIEL: No? Yes? We're good?
And it's similar, Commissioner Taylor, to what we were talking
about as well. I mean, we all -- everyone, I know, believes and
knows about the importance of the sanctuary. So I think it's a very
valid point in the beginning of a process for us to be adjusting policy
so that the left hand is talking to the right. I've said it a hundred
times: Everybody -- we all live downstream, and it's imperative that
we maintain that communication.
So thank you, Commissioner Taylor, for bringing that item
forward. So with that, thank you very much.
MR. OCHS: Thank you.
CHAIRMAN McDANIEL: We are going to do our 10:30
certain at 10:40, and we're off now till 10:40.
(A brief recess was had from 10:21 a.m. to 10:40 a.m.)
MR. OCHS: Mr. Chairman, you have a live mic.
COMMISSIONER SAUNDERS: It was Andy's fault.
CHAIRMAN McDANIEL: Yes. It was Commissioner Solis'
fault, and I was sharing with them we were going to be docking their
pay if they continued to show up late, so...
Item #10C
ADDITIONAL STAFF DIRECTION REGARDING THE COUNTY
MANAGER RECRUITMENT PROCESS – MOTION TO RANK
TOP THREE CANDIDATES BY MONDAY, MARCH 15TH AND
BRING BACK FOR FURTHER DISCUSSION AT THE MARCH
23RD MEETING – APPROVED
March 9, 2021
Page 47
MR. OCHS: Commissioners, we move to your time-certain
item this morning. It's Item 10C on the agenda. These are the
scheduled presentations from your five finalists for the county
manager position. I'll turn this over to Ms. Lyberg to make opening
remarks.
MS. LYBERG: Good morning, Commissioners. For the
record, Amy Lyberg, Human Resources Director.
Today you have five finalist candidates to consider for the
position of county manager. You'll be hearing them in alphabetical
order by last name. Mr. Carlisle will present first, then Mr.
Chapman, Mr. Isackson, Mr. Rodriguez, and then Dr. Yilmaz. So
we'll go ahead with that and go ahead and get started. Each of them
have 10 minutes plus any questions that you may have.
CHAIRMAN McDANIEL: Outstanding. And if you want to
use both podiums, that way we'll save our cleaning person a --
MR. MILLER: Mr. Chairman, there are a couple of
PowerPoints for some of these gentlemen, so they will need to be
there.
CHAIRMAN McDANIEL: Oh.
MR. CARLISLE: Good afternoon, Commissioners. I
appreciate the opportunity to present to you. I'm currently the city
manager for the City of Sebastian. And, you know, I think it's a
great opportunity to serve Collier County should you choose me to be
your next county manager.
I just wanted to go over some of my history and some of the
things that I think were important that you as the County Commission
had put in a document that you had provided to Ms. Lyberg, traits
that you wanted to see in a county -- your next county manager.
So when we look at my work experience and my background, it
kind of puts me in a unique position to help serve Collier County.
You know, my previous prior-to-governmental work was in site
March 9, 2021
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development and doing -- building community and building the
infrastructure and the water and the sewer and the stormwater and the
roads. You know, I was working in Wellington, building the roads
in Wellington, and went to work for Wellington after that and helped
make it a community at the time it was a Water Management District
and, as part of the team, to help develop the land development codes
and the things that make Wellington what it was. And 11 years I
worked there before I went into Lake Park.
But I've had the opportunity to work in both coastal,
agricultural, rural, metropolitan organizations and managed in those.
So, you know, Collier County has all of those, the agricultural
communities, you have the metro areas. You have all of those traits
that I have had -- I've been fortunate to be able to manage and to
work in. So it gives me a unique opportunity to bring us and bring
Collier County forward as you move through this process, you know.
And again, my history is there. Organizations of -- the
professional organizations; the ICMA, International County
Managers Association; public works; and I also serve as the chair of
the Indian River County Executive Roundtable, and that's a
philanthropic group that's composed of county leaders,
commissioners, city managers, police chiefs, and other governmental
organizations, juvenile justice. And we reach out into the
underserved youth of our community, and we do fundraisers and
provide grants to them, Kids of Hope and things of that nature, to try
to help foster those that are less fortunate and try it help them, give
them a hand up and move forward.
I think those are the important points as you become part of a
community, and you'll see that in some of the letters that I've -- or
comments that I've gotten from some of my previous employers as
part of your presentation.
It's important for us to be -- not only manage a community but to
March 9, 2021
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be part of the community and to be in touch with the people that
we're going to be working for, so I appreciate this opportunity again.
So some of the desired traits or skills or attributes that the
County Commission had provided were administrative ability -- and I
won't read the list. Everybody knows what death by PowerPoint is;
when you put the bullets up there, and then everybody reads. It's
kind of one of my pet peeves. But I've got just a brief slide on each
one of these to kind of talk about what I've done to meet these desired
traits that you-all had asked for.
Administrative ability. I touched on that. I've been 30 years in
municipal government in one factor, either a public works director,
city manager, county manager, and so those are traits that I think are
beneficial to you. The skill level that I bring to this county will be
beneficial. It's going to be a tough decision for you-all because this
is going to mold the next 10 or 15 years -- throughout the next 10 or
15 years, and I think, again that, I have the best background and the
diversity and the depth to lead this through.
Verbal communication. Who could be a city/county manager
without being able to present to groups and organizations, to this
board, and to be able to provide information and reach out into the
community? And serving on the Indian River Executive Roundtable
Board, having to go to the schools and speak to the children and
speak to the different groups and that, I think it's imperative that we
be able to talk both on a high level and get down into just regular
communication with those youth and help them understand, you
know, moving forward how they can better themselves.
Organizational structure. You know, that's always key, and
how you get your departments and your staff level to work together.
No one should work in a silo. Everyone should be pulling together.
We should have regular meetings, and I'm sure you do, and try to get
the whole team looking at the vision, at your strategic plan, the
March 9, 2021
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direction that this board wants to go, and get all the stakeholders
talking, let all the stakeholders have input, and that way we can move
our projects forward. We can look at the pitfalls and the things that
may be trip hazards as we move forward, and I think it's I -- I think
it's a very appropriate approach. But all the stakeholders have to be
involved.
And, again, operational efficiency. You know, I see it in many
communities that I've worked. This is my equipment. This is my
area. This is mine. And I'm not saying you have that here, but it's
one of those things that tend to happen. We need -- it's all Collier
County resources, and we need to utilize all those resources. We
need to have project coordination, as I said earlier, so that we can
build these huge projects in the future that you have planned, but it's
going to take coordination across all lines.
Budget and finance. I mean, these are key things. You've got
a huge budget. You've got to look at bonding and debt and how you
manage it. But, you know, in speaking with you, I think we all agree
that the -- four of the key components that we need to look at: Well,
our strategic plan and our budget, is quality of life, public safety, of
course. We need infrastructure, transportation. If we can't get
people around -- I know that was some of the discussions we had.
Education. Without getting our students and them to and from
school and getting them educated, we're not going to be able to be
successful. And, obviously, our vibrant communities, which we
have. And we have a diverse vibrant community. And, obviously,
it should be balanced.
And accountability. We should hold our department heads and
everyone accountable for their budgets. And what they put in the
budgets, their capital programs, and that they've been thought out.
The budget isn't just a number that's thrown in saying I want to build
X, and I think it's going to cost this. I rely on my department heads
March 9, 2021
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to research something out before they put it in a budget, so there's not
change orders. There's not, oh, I didn't think about this, and that's
where getting all the stakeholders together as you plan the budget and
plan projects.
I'm doing a huge public works compound. We got everyone
involved; IT, the public works people, the facilities management
people, the airport people, everybody involved in planning that
project so that when that project's done, it's turnkey. From the
tables, chairs, phone system, it's a turnkey operation. No stone
unturned.
Public trust. We're nothing without public trust. And I can tell
you my -- one of my pet peeves is always, does the public know what
we're doing? Have we actually explained to the public what we're
doing? So they trust of the decisions that you and I make moving
forward are the right decisions, and that's done through
communications. And you've got to be able to talk with your people,
and we -- and as you talk in yours, we need to exceed expectations
every day.
Economic development. This is one of the areas that I have a
very strong background in. Every community I've been in from
Rock Hill, South Carolina; Lake Park; Glades County; Sebastian, you
know, we strive to bring economic development. And when
companies go to expand or they go to move to an area, it's not always
about is it -- am I going to get tax incentives? Am I going to get
wage breaks? Am I going to get different types of job credit?
One of the biggest problems that hinder economic development
is how is our planning and zoning -- and I'm sure yours is
excellent -- manage that process? Because it's speed to market with
these companies. And how are they going to get through the
process? Is it too burdensome? Is it too cumbersome? Is it too
erroneous [sic]? And if we don't manage that process, we'll drive
March 9, 2021
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those people away.
So if we want to build communities out of the eastern part of the
county and we want to bring in sustainable jobs so we can reduce the
traffic that comes from those developments, we have to have
sustainable economic development to support those communities, and
that's key, because without that, you're just going to have rooftops
and gridlock and grocery stores. We've got to bring sustainable jobs
to the area, and we do that by allowing -- by being a good place to
want to come to.
So we have the -- we have the employment centers. We have
the training. You've got the iTECH Center. So you have
opportunities to provide all those. But the big key is is, how friendly
are we to those businesses when they want to come into our
community?
Innovation. You know, I think that that's one of my key points.
We -- two years in a row we've gotten the best performing cities.
This year we went up from No. 9 to No. 8. We've brought in
high-tech aerospace, wheel and aerospace, a couple of airplane
manufacturers into our airport, which I think was key. But even
down in the public works, you know, using different processes just in
a typical mill and overlay, remove and replace, there's other
processes, fold-up reclamation and things of that that we can stretch
our budget dollars, and it's a green way of doing things.
So I've always -- strive renovation. I've always looked for ways
of doing things to do -- to allow for modernization. When I was in
Rock Hill, we were RFID'ing all of our garbage cans so we could do
rerouting and made efficiencies there.
So there's all kinds of new technology out there, even today, that
we can utilize to help us better understand how we move things
forward, how we move equipment, how we move personnel, and how
we allow for innovation.
March 9, 2021
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And this was just a chart from where we moved in Tier 1 from
No. 9 to No. 8.
And I'll just briefly let you look at these. This is the City of
Rock Hill. Am I done?
CHAIRMAN McDANIEL: Thirty seconds.
MR. CARLISLE: All right. This is a Seacoast Utility director.
I was the vice chair of that board. And you've got these handouts.
But I think it's important to know these are all places I've
worked. These are places that have nothing but great things to say
about my abilities there and going forward, and most of these
communities would have me back given the chance.
And I tell you that it's not about what you do while you're there,
it's what the people think of you when you go and what mark you
leave, and I think everywhere I've been I've left great marks on my
community, and this one is just to show -- talk about how I work with
the constitutional officers.
So with that, I know my time is up.
CHAIRMAN McDANIEL: Thank you very much. Any
questions for Mr. Paul?
(No response.)
CHAIRMAN McDANIEL: Very good, sir. I appreciate it.
MR. CARLISLE: Thank you.
COMMISSIONER SAUNDERS: I just want to thank you
for -- I know you've had to do a little traveling, so thank you. And I
had the pleasure of -- obviously, we all had the pleasure of
interviewing all the candidates, so all my questions were answered
during that one-on-one interview. Thank you.
MR. CARLISLE: Thank you so much. I appreciate your time.
COMMISSIONER SOLIS: Thank you.
CHAIRMAN McDANIEL: Can I call you Charlie or Charles?
MR. CHAPMAN: Honorable Chairman, Charlie is more than
March 9, 2021
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welcome, more than welcome.
With your recognition, your pleasure, sir, I'll begin.
CHAIRMAN McDANIEL: Yes.
MR. CHAPMAN: Well, Honorable Chair, Members of the
Board, I am thoroughly excited to be here with you today. My name
is Charles Chapman, and I am currently serving as the city manager
of the City of Naples. As the chair has indicated, Charlie is okay.
So if you feel more comfortable referring to me as Charlie, that is
fine.
It is my pleasure to be with you this morning and talk to you just
a little, and a little different style about some of the things that I
believe we discovered in our one-on-one time together.
I thoroughly enjoyed that time to be able to converse very
openly and help build relationships between the commissioners and
myself as a candidate for this position, but also I would like to make
note that whether or not this turns out for me to come and join your
team, I still intend to be at the City of Naples, and I look forward to
working with you in the future.
My remarks today will be predicated into two different
categories. One is to look at what we discussed that I feel was
important to you in our one-on-one interviews and then, second, to
give you sort of an indication of what that first 120 days will look
like should you choose to bring me on as part of your team.
Please understand that my remarks are going to be looking at the
start date of June 1st, 2021. And where did I derive that date from?
It is the announced time of your incumbent county manager retiring.
So that date is very important in the life of a county manager. That
date is when the Property Appraiser's preliminary estimate comes out
for ad valorem. That is usually the key indicator that the
recommended budget to the County Commission is predicated on,
and then a recommended not-to-exceed millage rate. We have a
March 9, 2021
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very conservative community. They want to know their taxpayer
dollars are being utilized at the highest and best use with efficiency
and effectiveness.
And so that date of June 1 is going to be a critical milestone,
because the open conversation for your new county manager, if that
is me, is that I need face time with each one of the County
Commissioners, I need face time with the constitutional officers, and
I need face time with the judiciary to make sure that the
recommended budget that's being presented to you is based on the
priorities, the levels of service, furthering the goals of your strategic
and Comprehensive Plan, and in a cost effective and efficient
manner. Why? You have a big decision in July to set the
not-to-exceed millage rate.
CHAIRMAN McDANIEL: You need to throw out the anchor.
Terri's having trouble keeping up.
MR. CHAPMAN: Oh, I'm sorry. No problem.
CHAIRMAN McDANIEL: Talk a little bit slower, and then
she won't look so stressed.
MR. CHAPMAN: No worries.
The advantage of considering an outside candidate for your
organization is that you would get a new and fresh perspective. You
have a very strong, excellent company culture. And please don't
take my remark as being critical of that, but sometimes you need to
bring an outside perspective in to take a fresh look.
I feel like my experience, having transitioned from Gadsden
County to Hendry County and now to the City of Naples that my
perspective is unique. I have worked in both agricultural
communities that have very limited fiscal resources to now working
in a metropolitan beachside community that does not want for
financial resources. In fact, the debate there is very different. It's
about what priority do we want to move forward first.
March 9, 2021
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We have a rich culture here. Collier, Inc., is well known in the
county management circles as being a very important resounding
organizational cultural asset. But I do believe, as Dr. Collins writes
in his book Good to Great that it's the steady push of the flywheel
that takes good companies to great organizations. And it's my
experiences with my prior jurisdictions of working alongside of
county government leaders to identify where we can improve our
culture and improve our performance and make it truly centric on
constantly improving, performance focused, and customer centered
that will take Collier County to its next level of performance.
I thoroughly enjoy watching team members grow and develop
into their top talent and their top ability, and it's actually one of the
most enriching things that I could ever experience as a leader, and I
look at the talent that you have at this -- at this level of county
government, and it's just astounding, and the growth potential is
amazing.
Communications is going to be ever increasing and ever
important. Something that is not lost on me is that today's
information age demands that its local government connects with its
populous on a daily basis. And you do that in any number of
different mediums, because people, they take in information in a
variety of different ways. And whether this is through our website
and making improvements to it to make it more user friendly,
launching mobile applications, utilizing social media, or just simply
building a better relationship with our print media outlets, those
things need to be addressed in a comprehensive overall plan. You
do a good job, but I think we could do better.
Lastly, making sure that we have an active and engaged round of
town halls, public meetings, and getting out into the public in what I
like to refer to as hand-to-hand combat on issues and begin to learn
what is truly important to these different bureaus, these different
March 9, 2021
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communities. Collier County is diverse, and it has a wide range of
different priorities based on that diversity, and it's something we
should celebrate, but we won't know what that truly is until we roll
up our sleeves and hit the streets and get to build those relationships
in a more meaningful matter as a county leadership team.
Real estate and growth. That is the top No. 1 thing that I've
heard about in my two-and-a-half years since coming to Collier
County and service with the City of Naples, and I believe it holds true
for Collier County as well.
There's a wide variety of opportunity that is available in the
eastern areas. The Rural Lands Stewardship Area is a very
forward-thinking plan, but it needs to be exercised more readily, and
relationships need to be improved with the large landowners that
have a vested stake into those properties.
We need to balance that with environmental interests, we need
to balance that with our economic development interests, we need to
make sure our priorities for making affordable and workforce
housing opportunities readily available, and in addition, to making
sure that we're bringing balanced, sustainable, and resilient growth
patterns to Collier County.
It's amazing that we have 50 percent of our community, our
county is actually already held in some type of a conservation
easement, but there's still more work to be done. One thing we
learned from the pandemic is that the interest in Collier County is not
waxing and waning. It is only increasing, and not simply for a
retiree population. You're now finding that individuals that are of
working age that can be virtually based are making the choice to
relocate to Collier County because of our extreme quality of life, a
quality of life that we're able to invest in because we have solid
infrastructure and sound public safety first, and then we can focus on
the quality-of-life priorities that follow.
March 9, 2021
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There is no greater responsibility in front of us than balancing
growth, housing, environmental infrastructure priorities for the
sustainable resilient future of Collier, and if I'm selected as your
county manager, my approach will follow that initial 120-day
strategy, which I will go into in just a moment. But having the
relationships with large landowners, having worked on complex
sector plans and plan developments and large Rural Land
Stewardship-like planning items, bringing environmental
communities together, working with multiagency departments is
something that I bring ready and available day one to this position.
So the first 45 days, what does that look like? It will be budget,
budget, budget. The first day is June 1, according to my estimate,
and that means we need to get to a not-to-exceed millage rate, and we
need to build a budget that achieves your priorities but then also
assists the constitutional officers in achieving their charges and
making sure it's appropriate.
Getting up to speed on county operations and the preparation for
hurricane season. That's -- June 1 starts hurricane season, and we're
back at it again, and we need to make sure that we're prepared and
ready to go. Dan Summers does a fantastic job but, as county
manager, I will need to be rolling up my sleeves and understanding
what are those deployment patterns and to be ready, available.
Of concerns, we need to look at our revenues and how they're
coming in, particularly as it relates to tourism tax, gas tax, and sales
tax collections, state revenue sharing, and then the always fun wait
for the Governor's veto pen to either make its mark or not on any
unfunded mandates or cost shifts from the state legislature back to the
counties for any variety of different avenues.
So beginning the process to review the operations of all
departments thoroughly, meeting with constitutional officers, the
Board, and judiciary will take place the first 45 days.
March 9, 2021
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Days 45 to 90 we will be looking at the recommended budget
based on the adjusted maximum millage rate, working alongside with
constitutional officers and judicial members to make sure that that is
appropriate and that we're not undercutting them, make sure that they
have their funding that they need to operate efficiently and effectively
all while being fiscally responsible, and then starting the tour of
meeting with stakeholders and community leaders.
I think all too often we undercut and underappreciate the value
of community meetings from a county manager role, and that is
something -- I want to know who are those sparkplug personalities in
each one of our communities that I need to have a relationship with?
Why? If I can take one phone call out of your day so that person
feels confident in calling my office instead of calling your busy
schedule, then I want to do that. I want to make that connection, and
I want to build that relationship.
So Days 90 through 120 will be focused on finalizing the budget
through the adoption hearings and making any suggestions in those
adoption hearings, as I've worked with the department heads toward
improving your organizational structure that can be validated through
the budgeting process.
Obviously, you've had a very strong county manager that has
embraced his organizational structure, but every county manager's a
little bit different, and there's ways to do things better, there's ways to
do things more efficiently depending on the fit and the personality of
that county manager, as well as the fit and the dynamics with the
organization.
In closing, I feel I'm the best choice to serve with you as county
manager. I'm familiar not only with county operations from having
served as county manager before, but I also know the Southwest
Florida region and, more importantly, I know Florida.
My experiences within the City of Naples give me an
March 9, 2021
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appreciation of the issues facing the urbanized coast, and my
experiences with Hendry County give me a deep awareness of the
issues of your inland agricultural community.
I sincerely hope to continue this conversation with you further
and, Honorable Chair, I yield to the Commission for further
questions.
CHAIRMAN McDANIEL: Any further questions? Any just
any discussion?
COMMISSIONER SAUNDERS: No. Just, again, all my
questions were answered in the one-on-one. So I appreciate your
time.
CHAIRMAN McDANIEL: And just to fortify the point at the
beginning, I have history with Charles, and that's why I call him
Charlie. I permitted a project up in Hendry County back in the day,
and he was Charlie to me then, back then, and I probably won't come
off of that.
So thank you very much. I really appreciate it.
And, Commissioner Taylor, I don't mean to ignore you, and I
think we'd worked out a plan with Troy, if you wish to speak, you
were going to hit your raise-your-hand button, and he'd let me know.
COMMISSIONER TAYLOR: That's -- no, no. I'm fine.
That's quite all right. I'm quite capable of doing that, and thank you
for your consideration, sir.
CHAIRMAN McDANIEL: Yes, ma'am. Yes, ma'am. Thank
you, Charlie.
MR. CHAPMAN: Thank you.
MR. ISACKSON: Good morning, Commissioners. Mark
Isackson, a proud 17-year veteran of this organization as of March
4th.
I don't think that 40 percent of our population's bald, but you
have two bald guys that just -- that are about ready to compete for the
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county manager's position. I find that rather remarkable.
CHAIRMAN McDANIEL: I'm actually having a bad hair day,
so go easy.
MR. OCHS: Diversity. It's diversity.
CHAIRMAN McDANIEL: Bad hair life.
MR. ISACKSON: Commissioners, let me extend a note of
appreciation. It's an honor to be considered a candidate for the
county manager's position.
As I said, having served 17 years here and 17 years prior in
another life in which I managed small cities and towns at a very high
level, I think combining both of those experiences is a highly
desirable trait that the Board will and should take into consideration.
Why did I apply for the job? I think that's -- that's something
that's often lost. And I gave that considerable thought before I did.
But once I did, as I've mentioned to you in our one-on-one
discussions, I'm in. It's a tale of two careers. My first career,
obviously, in local government management, 10 of those as a city
village manager in two states, Illinois and Michigan. It would be
nice to bookend the last part of my career here as the CEO of Collier
County.
Unlike Mr. Chapman, the budget and finance I'm not worried
about. It's there. It's tight. It's sufficient. My focus will be on the
organization, because I think that's where we need to go, and we need
to build sustainability and resiliency into that organization.
I'm going to ask Mr. Ochs to put this on the visualizer, if he
wouldn't mind.
Thank you, Leo.
Commissioners, you know my career and my background. I've
talked to you extensively about it. But the staff and the public might
not know about who I am. I tend to keep a low profile. That will
change if I'm offered this position.
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The aspects of my career, I think, are unique. I've managed
everything from hydroelectric plants to golf courses to cable systems
in one community in Michigan. I came down here to Collier County
17 years ago, and the guy to my right tapped me on the shoulder and
said, look it, I need some help running your financial operations.
And with some trepidation I said, sure, I'll go ahead and do it for you.
It's 12 or so years later that we're in that position.
As I mentioned, going through the slide there, Commissioners, I
want to focus a little bit on the vision for Collier County. You all
know who I am and what I'm all about, but I think the first two on
that list, budget and finance and organizational structure, those two
go hand in hand. Nothing happens. Budget and finance is the fuel
that runs the car, and the car is the organizational structure.
I think Collier County needs an infusion of talent and resources
into the organization to sustain ourselves going forward for the next
10 to 15 years. You have what I might call diamonds in the rough in
the organization that need to be polished and brought forward.
People in mid management, they're in the prime of their careers, that
need to be elevated in the operation. You'll see that with me.
In the first 30 days or so, we'll move very quickly to right size
the organization and get it to a point where we think it will be
sustainable, because you have major issues coming forward. And
resiliency. We've talked about budget and finance. The capital
infrastructure side. How are we positioned to handle those
challenges that lie ahead?
I think there is a great opportunity for the next county manager
to take a look at those structures, take a look at the resources that
we've got, and apply them, because the organizational structure, in
my view, is the key.
Commission and manager communications. I've talked to the
Board about how I might change up some things in terms of our
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counsel -- or commission and manager communications.
And then, finally, organizational marketing communication.
We have a tremendous tech staff here, and I'm not so sure that we
don't take advantage of all of those opportunities that we have to
communicate with the public, to communicate with our own staff
internally, and to communicate between the manager and the Board,
whether it's coffee sessions that we might focus on and tape so that
it's available for the public to take a look at. There are a lot of
opportunities there.
A communication and marketing plan. Now, I'm not so sure we
have one in the organization, but that's something I think we need to
take a look at closely. How do we get our message and our vision
out?
Each commissioner has town hall meetings, and some of them
are attended very well and others tend not to be sometimes. But
there are ways that we can handle that, I think, electronically that will
bolster our message that we need to get out to the community.
Commissioners, let me just close by saying -- I'm going to read a
statement that was published in my cover letter. Commissioners, the
county is and will face substantial challenges and hurdles going
forward. You will find that my substantial local government
management and administrative experience plus familiarity with
Collier County Government financial operations and organizational
structure will prove highly desirable in evolving, changing the
organization systematically in the interest of continued fiscal
flexibility and responsibility, efficient and effective service delivery,
promoting and cultivating senior leadership, successor management,
and fostering a culture of organizational accountability, all of which
will be necessary to position the organization as growth continues,
capital infrastructure pressures escalate, and community expectations
require more from their local government.
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Again, thank you, Commissioners, for being considered for this
position, and if there's any questions, I'll be happy to address them.
CHAIRMAN McDANIEL: I see none. Thank you very much.
MR. ISACKSON: Thank you.
CHAIRMAN McDANIEL: Thank you very much.
COMMISSIONER SOLIS: Thank you.
MR. RODRIGUEZ: Good morning, Commissioners. For the
record, Dan Rodriguez, your Deputy County Manager.
Thank you for the opportunity to come before you to present my
vision and my aspiration to be your next county manager. I'm both
humbled and grateful for this opportunity to make it to this next level.
I would like to speak with you today about the challenges and
opportunities here in Collier County Government and the primary
reasons why I believe I'm the best-qualified candidate for this
position, the best-qualified candidate to make the improvements and
change for the better future while maintaining and sustaining our
current high level of essential services that the residents of Collier
County and you have come to expect.
I believe in the importance of providing leadership to our team
members to both challenge and demand from them a higher level of
performance. But just as important, I believe in reinforcing the
positive attributes of our excellent performers in our organization.
Through our employees, our most valuable asset, we will achieve
great things together as a team and accomplish the initiatives that
you, the Board, and your constituents and residents have wanted.
Those initiatives will take strong leadership to view all perspectives
and to seek out all possible new methods of doing business.
As we all know, the strategic plan is a well-run -- in any
well-run organization is the foundation and roadmap that provides the
vision, the mission, the objectives to create a safe, clean, and
well-developed community for the future.
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You have a very good plan that has served this community very
well. But it's over three years old. It's time to update that strategic
plan.
Commissioners, I believe with my diverse background I have
the fortitude, the energy, and the courage to take on these priorities.
Most importantly, I possess the leadership skills to develop teams of
professionals to find emerging leaders both within the organization
and outside of the organization who are eager and willing to take the
helm and resolve some of these issues that need to be addressed
immediately.
A community and its government must be grounded on guiding
principles and values that you, the Board, have developed and
approved and that we, your staff, promote. Those guiding principles
provide the context in which we, your leaders, employees, and
business partners, must work within to be successful in creating the
ideal community. Safety first, honesty, integrity, accountability,
protection of our environment, and respect and dignity for those who
work who -- for those who work are at the core values of the County
Commission. If selected I will be sure that they are communicated
and implemented in a manner that our teams of professionals know
and understand their value and importance. These core values must
be the basis to drive our decisions to raise the standards in which we
live and work.
Collier County of the future must have one shared goal that
align with the community's priorities. For it is through the shared
approach that our residents and business owners feel brought into the
process and align with the changes that we may need to make for
better service to them and our future residents.
As your county manager, I will ensure that your strategic plan
continues to preserve and enhance safety, quality, character, and
value of your neighborhoods. Collier County continues to be one of
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the fastest growing communities in the nation -- in the nation and at
driving forces because we are of the most desired communities.
We have a tremendous responsibility to plan for and manage the
growth that preserves the quality and heritage of our neighborhoods
and stay in strict compliance with your Growth Management Plan
and your Land Development Codes.
There must be a great sense of belonging and trust with our
residents that ultimately will make you, the Board, and the
government the most successful in delivering services and resources
that create and support that ideal community. Having worked in
your public services divisions for many years, I have gained
invaluable experience understanding and practicing active listening
and delivering on the residents' needs and requests.
I know firsthand the staffing levels required to ensure we are
meeting our residents' expectations and the Board's guidance for
budget constraint and level of services. My approach to the budget
process is a conservative one. I have over 30 years of Collier
County experience working in various divisions and have managed
and developed budgets of internal service funds, enterprise funds, as
well as the most challenging General Fund cost centers.
When it comes to public policy, it is important and smart
strategic planning to develop a budget that is palatable to the
ratepayers and the taxpayers of our community and to show best
value; however, we must have the foresight and fortitude to know
when to plan for -- and fund our Capital Improvement Programs so
that the county's billions of dollars in assets do not fall into disrepair.
Commissioners, under my watch, asset preservation,
sustainability, funding will be a priority.
If selected as your county manager, I will bring about a
heightened sense of urgency across all divisions and departments. I
will ensure that we have the appropriate levels of professional
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leadership in your agency. I will resource them, help find solutions
to break the deadlock that has kept some of them from achieving the
mutually agreed-upon promises.
Over the years I have developed strong interpersonal skills and
techniques to get external stakeholders and organizations to help the
team achieve our managerial aims and objectives. I have honed my
leadership skills on providing great customer service, fostering and
advancing relationships, and building strong and unwavering loyal
teams in your county government.
Our county will capitalize on delivery -- on the diversity of its
people, its geography, its economy to create a broad range of choices
for residents, visitors, and business owners in how they live, work,
and play.
From our national and state parks across the Everglades and into
our beautiful Gulf Coast estuaries and beaches, we envision a county
that is a destination of visitors and a home for everyone seeking a
sense of community and the very best that life has to offer.
Collier County currently finds itself on the heels of a pandemic
with a decades-old problem, continued growth. Growth is a
byproduct of doing what is right by the citizens and businesses,
which makes your community even more desirable, thus creating a
cycle we've been in since the 1940s.
When it comes to balancing the needs and desires of today's
residents and businesses, the growth that we know is coming, there is
no magic wand or simple solution we can grab off the shelf. For
many, Collier County represents the pinnacle of life's work.
Relocating to our slice of paradise from, literally, every corner of the
world. Many who come here want to freeze things in time,
maintaining every aspect of the community just as they found it when
they first arrived, viewing most changes as threats to their enjoyment
of life.
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The Board has shown, however, as difficult as it is, that growth
and improved community quality are not mutually exclusive. This
balancing act involves sometimes frequent and regular updating of
your land-use tools available to you, mainly your Growth
Management Plan and Land Development Code.
The seemingly endless amendment cycle for these documents is
required to maintain a position that strives to stay one step ahead of
anticipated growth and avoid the mistakes of years past where the
county's infrastructure has not kept up with that pace of growth.
As an extension of your policy decisions, your staff must
continue to listen to the many diverse voices in our community and
provide you with the tools necessary to maintain the delicate balance
between continual improvement of our existing quality of life and
providing the core needs of our community. This must remain
consistent. Daily effort across every segment, cross-section of the
community for Collier County to remain the jewel in the crown of the
very best our nation has to offer.
Commissioners, I chose Collier County as my career. I chose
this community as my home. I've dedicated 30 years working with
teams of professionals to make it a better place, while preserving the
unique and natural environment.
With your support, I would like to continue on that wonderful
journey.
CHAIRMAN McDANIEL: Comments? Questions?
(No response.)
CHAIRMAN McDANIEL: Okay. Thank you, again, from all
of us.
DR. YILMAZ: Good morning, Commissioners.
First of all, it has been truly privileged to work here. I came
here as an executive director from private sector establishing and
creating water pollution and prevention department at that time.
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Through that process, going to Tallahassee myself -- not as good
as Commissioner Saunders could -- we were able to get close to
$27 million total granted, with no matching funds, to clean up 156
contaminated sites from fuel storage tanks.
When you see new fuel storage tanks and when you see those
corners booming with business, they were all cleaned up within five
to seven years. That's how I started in Collier County.
From there, it has been journey. And, Commissioners, during
our one-on-one interviews, we reviewed my CV, which is about 56
pages. In summary -- I don't want to dwell on it. In summary, I
bring both private sector and public sector executive experience
managing high-performance teams and achieving enterprise financial
excellence at the highest levels within seven years that I took grounds
of -- one of the largest utilities in Southwest Florida. The critical
services, infrastructure, and capital projects that I'm leading -- and
thanks to our County Commissioners and our leaders and our county
manager giving me opportunity to do so -- have touched quality of
life of every citizen and visitor in the Collier County as I have served
here more than two, three decades.
As we speak, we will be picking up 41,000 garbage cans and
recycling containers no later than 1500 hours today. That's invisible
work Board of County Commissioners and your staff does.
And we have already served 300,000 customers of this
governing board as water/sewer district this morning providing
high-quality, safe water along with sewer services with no
interruption and no concerns on our customers that they are filling
that baby bottle with our water to make baby formula, and they are
safe; they are able to feed most vulnerable family members, our kids.
Furthermore, I currently -- I want to thank our county manager
and our leadership. Given the opportunity running $1.4 billion
enterprise for you, and .8 billion dollar government assets, including
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all constitutionals, operating capital projects. Performance and
results do matter in any leadership, and that's where, ultimately, as
our board of directors and governing board, you will have least
amount of complaints where you have the highest risk to receive
complaints when we serve 300,000 customers every day, collect
garbage 41-, 42,000, and touching their front yards.
Given that foundation, I would like to now focus on the
further -- what's about our future? Starting with I want to paint a
vision, and I think that it's shared with our commissioners
individually and collectively. Painting a picture is very important,
but I'm going to do that by using words. It's risky. I'm not going to
show the pictures.
We must preserve and enhance what makes this county unique,
pristine, and desirable. Key three words. Very powerful English
language. To do so, I'll be laser focused on three areas: Public
safety, public health, environmental health. Qualifier: It does not
mean only natural resources. Environmental health is manmade, as
we all know. And natural systems.
Most of the time we all live in environmental conditions that we
created: Transportation systems, buildings, parks, schools, indoor
air, indoor air quality, and goes on.
So please think of, when I mention moving forward,
environment, that is environment that we are supposed to, including
natural habitat, natural environment that is part of our environment.
These are the pillars that elevate quality of life and sustain it.
People want to be where it is safe, healthy, and where the
environment is protected. It is about how we manage our natural
resources and how we manage our infrastructure concurrently. We
conflict those two so that environment is in harmony.
One example, Bonita Bay Group and Bonita Bay. I invited few
leaders to go see it. It's not perfect, but it shows you a pinnacle of
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how a development -- by the way, Bonita Bay was driven by
investors, venture capitalists, and developer. Anyone goes there,
you will see an example of how nature and infrastructure can exist
together.
On operational excellence, we can be the best in the nation as an
enterprise business and government as recognized by our peers. We
will get that through the application of best practice and
cross-functional teams across the organization and making the best
use of our current resources.
On infrastructure, we must meet current demand and get ready
for the future demand and needs, including water, solid waste,
transportation systems, parks, stormwater, government facilities,
including all our constitutionals and their needs.
Few highlights: We have about half-a-billion-dollar investment
portfolio under surtax we need to initiate, implement, execute within
five years. I'm the person, working with you, can make that happen
and make it pinnacle of latest [sic] projects for the nation.
The physical infrastructure must be in place for the social
infrastructure to thrive. There are two things at play, as you all
know: Social infrastructure, physical infrastructures. That goes to
building our mental health facility. That's a physical infrastructure.
Building operations, sustainability of O&M, and making sure that
what we do most efficiently serves our group of customers and
citizens in a sustainable fashion is the big picture.
On finances, I want to give just one department. The Public
Utilities Department has achieved and maintained financial
benchmarks at the highest levels as evident by highest ratings from
Fitch and Moody's in the United States of America and European
market. This has served to bolster the entire county's financial
ratings. It was not easy; took us seven years to get there working
closely with Finance Committee, which includes Clerk of
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Courts -- Madam Clerk, thank you. She is listening -- bond counsel
of soft management and budget, consultants, and county financial
advisor. We will use our resources using leading indicators for
future investments, not lagging indicators. Getting very close to
closeup.
This sets the standard for quality decision-making for investing
in our facilities, operations, asset management at best value. I will
replicate best practices and departments successes in financial
planning, programming, and effective execution of what this board
like to see accomplished throughout entire agency.
On change management, our organization needs to be positioned
to meet future challenges that will require realignment and
restructuring, and that's just -- change is the only constant in universe.
Einstein said that. If anyone says change is not good, I think we all
know, collectively, individually from our experience, change is the
only constant in universe; it applies to Collier County, too. We must
continuously plan to meet needs of future growth and to go after
backlog of maintenance and capital projects concurrently with
building our new structure and infrastructure and do it right.
We must excel in policy execution, we must excel in operational
excellence, and we must definitely and, most importantly, excel in
tactical implementation. Those are the invisible team members
working for you 24/7, making things happen, and it just goes smooth,
routinely.
I'm ready to make organizational realignments to meet the needs
of our residents and businesses, now and future. That includes
breaking down silos within our organization. It's not unique to our
organization, all the way from 500 Fortune companies down to small
companies. There are times we need to identify, recognize there are
silos.
Breaking down silos within our organization and realigning
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resources, building high-performing cross-functional teams, building
a robust succession plan throughout chain of command.
In my first 90 days, I will build an agile, flexible, adaptable
leadership team that will implement change management to position
us for the next five years plus.
CHAIRMAN McDANIEL: Okay, thank you.
DR. YILMAZ: And, Commissioners, I want to leave you with
one thought. Sustainability needs to be a priority in our
transportation system, economic growth, and overall resiliency.
With that, I painted the picture.
And next slide, please.
I'll work with you to make our legacy projects programs a reality
for future generations. Yes, it took a thousand words to paint one
picture.
CHAIRMAN McDANIEL: Thank you, Dr. George.
DR. YILMAZ: Yes.
CHAIRMAN McDANIEL: Thank you. Any comments?
(No response.)
COMMISSIONER SAUNDERS: Thank you.
CHAIRMAN McDANIEL: Commissioner Taylor?
(No response.)
CHAIRMAN McDANIEL: I -- you know, I have to say this:
It's -- a very wise man shared with me once that you have to -- you
have to struggle over decisions where there's no good answer. Those
are the decisions that you need to struggle with.
How blessed are we to be able to make a choice from these five
fine individuals? What opportunity for our community. There is no
loser with regard to the ultimate decision that we're going to make.
There's going to be someone that's going to be chosen, so I guess
someone -- you could perceive a winner and a loser. But for our
community, any one of -- any one of these folks, these gentlemen,
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have my utmost respect, our, I'm sure, utmost respect -- I think I can
speak for my colleagues there -- and gratitude for moving through
this system. And I want to say thank you for you.
Commissioner Saunders.
COMMISSIONER SAUNDERS: I also want to thank -- I think
all of the applicants are in the audience, and I want to thank all of
them for the professionalism that they've shown in making their
presentations. I will tell you it's going to be a hard decision.
Obviously, we will make it. But we do have five fine individuals,
and I want to thank each one of them as well for their professional
presentation, their demeanor, and look forward to that
decision-making process, which will be difficult.
CHAIRMAN McDANIEL: Yes. And then as it's
currently -- you know, it's set up that we're going to make this
decision by our second meeting in March. So that's the current
proposition that's in front of us now.
So, Commissioner LoCastro.
COMMISSIONER LoCASTRO: I just wanted to thank our HR
director, Amy Lyberg, and her staff. You know, if you were
watching, the very first meeting we sort of kicked around, could we
do it, should we do it, who would apply, would we get strong
candidates. And, you know, we had, I think, almost 40 people,
maybe a little bit over, that applied in record time. The HR
department led by Ms. Lyberg did a fantastic job.
I think it says a lot that five commissioners who come from
totally different backgrounds but care about this community almost
had identical top five lists after, you know, looking at 42 resumés.
So that says something. We all, obviously, spent time interviewing
the five candidates one on one.
And just as Commissioner McDaniel said, we're equally
impressed. I mean, I didn't come out of any of those, you know,
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interviews or discussions thinking, okay, well, that person's not -- you
know, I'm whittling it down kind of thing.
So in the end, you know, I'm really proud of this process. I
really thank the staff who have worked hard to make it organized for
us to look at the candidates and for the candidates to drop everything
and, in record time, interview with us and whatnot. And, you know,
as our acting chairman here said, I think, you know, we definitely
have a tough task but, you know, we have some strong candidates to
choose from. We had strong candidates in the list of 40. So, you
know, all in all, we did a pretty good job as headhunters on our own,
I think, and as a recruitment team.
So I'm happy to move forward and, you know, give my thoughts
on the candidates when it's time and pick someone and get to work
with that person. Thank you.
Thank you, Amy.
CHAIRMAN McDANIEL: Commissioner Taylor, do you have
any remarks?
COMMISSIONER TAYLOR: Yes. I was just following up
with Commissioner LoCastro's comments and wondering, does
it -- do we -- does anyone feel that they have the -- you know,
comfortable to proceed at this point, or do we need to wait another
couple of weeks?
CHAIRMAN McDANIEL: I'll start with Commissioner Solis.
COMMISSIONER SOLIS: Oh, I thought you were going to
start with yourself.
CHAIRMAN McDANIEL: Well, I could --
COMMISSIONER SOLIS: No. I mean, I think -- I think, at
least from my standpoint, this is going to be one of the most difficult
decisions I've had to make because it impacts the future, the future of
a lot of employees. You know, there's a lot to it.
We had set out a schedule that we would make this decision at
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the second meeting in March, and I'd like to stay with that because,
frankly, this is a really tough decision, and I can't say that I'm
completely sure how I would go right now anyway. So I think after
hearing from everybody today, I'd feel more comfortable with a little
more time to mull through what I heard today and then make a
decision at the next meeting.
CHAIRMAN McDANIEL: Commissioner Saunders.
COMMISSIONER SAUNDERS: I certainly have no objection
to that. That's the schedule we laid out, and we certainly have the
time to dwell on these and make our phone calls and do things that
we need to do to help us make that decision.
I wonder if we should have a little bit of a discussion on process
this morning to prepare for the two weeks from now when we make
the decision. Does anyone have any -- it's just a question. We don't
need to do that right now, but it's just a question of should we try to
kind of come up with a methodology that we might want to use as a
commission to narrow the decision or make the decision. If not, we
can just move on to the next item.
CHAIRMAN McDANIEL: I can talk about -- Commissioner.
COMMISSIONER LoCASTRO: No, go ahead.
CHAIRMAN McDANIEL: Go ahead, Commissioner
LoCastro.
COMMISSIONER LoCASTRO: No, I think that's a wise, you
know, suggestion and recommendation. I guess a question I have is,
does it have to be a unanimous decision? What's -- three? Just
three? Okay.
I mean, I'll just throw this out there for the discussion, because I
like what, you know, Commissioner Saunders, you know, trying to
get the ball rolling here, you know, rather than just say, well, let's
wait for two weeks, but what's the process?
I'll just throw out here, I'd like the process of us blindly listing
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our top five way back when and then looking at it. So I just wonder
just throwing it out here. I'm not saying it's the approved solution,
but just to sort of get some comment. Do we rank order these five
and then have Ms. Lyberg sort of compare our lists and say, wow, all
of you picked the same five or four of you picked the same five, we
have a clear winner. I don't know how that works into the Sunshine
Laws and whatnot but, obviously, it worked for us to figure out our
finalists. Your thoughts, sir?
COMMISSIONER SAUNDERS: That's kind of what I was
getting at, not necessarily that exact thing, but to come up with a little
bit of a process so we can begin to narrow the list here a little bit.
And that -- there are no Sunshine issues as long as we put our names
on anything that we deliver --
COMMISSIONER LoCASTRO: Right.
COMMISSIONER SAUNDERS: -- and everything's public
record. So I would like to see us do something just to help facilitate
the decision-making in two weeks and something like you've said
where we take out a piece of paper and rank these one, two, three,
four, five; just see how everybody's feeling. We can't talk to each
other --
COMMISSIONER LoCASTRO: Right.
COMMISSIONER SAUNDERS: -- but we can look at the
public records that are created and kind of get a sense of how things
are progressing there. So I think something of that nature, I think,
would be a good idea just to -- and nothing's binding, obviously. We
would make a decision at the next meeting. But maybe it will give
us a little bit of a handle on where we're heading, so --
COMMISSIONER LoCASTRO: I'm sorry. Go ahead, sir.
CHAIRMAN McDANIEL: No, no, there's no sorries. I mean,
there again, this is -- for those who aren't really familiar, this is an
extremely arduous process for your decision-makers. We're virtually
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not allowed to say hello to one another once we walk off this dais and
the cameras are not running and Terri's not writing down my
misspoken words.
And so we -- in the private sector when we hire CEOs and
executives, the Board gets in a huddle and we say, we like that one.
Here we have to do it in an open public format and have these
discussions. And in all candor, it's as simple as someone making a
motion and then consensus being reached by a majority of the Board.
It's not that simple. It's not that simple. But that's as simple as it, in
fact, gets from a process standpoint.
I am quite content, as I said at the beginning, with all of our
candidates here. I believe that -- and I don't know. You know,
there again, I'm not positive about the ranking process as to whether
we necessarily need to go through that or just have a brief discussion
and make -- somebody make a motion, so -- and, Commissioner
Taylor, you apparently have figured out how to hit the "on" button.
COMMISSIONER TAYLOR: I raised my hand quietly.
I like Commissioner Saunders' idea and certainly Commissioner
LoCastro. I think we're moving in the right area. Let's just -- let's
just be very frank and direct about this. It is very awkward for us --
CHAIRMAN McDANIEL: Yes.
COMMISSIONER TAYLOR: -- as a board to sit here and
discuss the qualities of the five capable candidates that came before
us.
CHAIRMAN McDANIEL: Right.
COMMISSIONER TAYLOR: It's very awkward, yet we're
forced to do it because we live by the law of Sunshine. We cannot
discuss this in a room. I've been told by folks who worked in the
corporate world that that's what you did. Everybody got in a room
and sat down, and, you know, poured themselves a coffee and
discussed who's going to be the next president. We can't do that.
March 9, 2021
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So the idea of the ranking, I think, is a very elegant way of at
least understanding how our colleagues feel, because none of us want
to get into this -- it wouldn't be heated, but prolonged discussion
about qualities and we think this person is this or we think this
candidate is that. It's very awkward. So I would support, again,
Commissioner Saunders and Commissioner LoCastro's concept of
ranking.
Thank you.
CHAIRMAN McDANIEL: Commissioner LoCastro.
COMMISSIONER LoCASTRO: I was just going to add, I
think the strength of ranking the candidates -- and it's not saying, oh,
this one's last or whatever, so maybe that's the wrong terminology.
But the strength of it is it allows HR to come back to us and tell us
how close we are as commissioners, and that's exactly what happened
in whittling down the 42. I mean, who would have thought -- we
could have been sitting here for three more months trying to figure
out, you know, the top five of the 42. And I'd rather spend more
time, especially if we're close or maybe we're on or not, but if we're
close, to be able to talk about why that particular person is the one
that we're all sort of steering towards.
We're not here to sort of pick apart the negatives or positive of
other folks, but I think the ranking would allow us to maybe jump
ahead a few steps if we were close or realize we're not close; our top
five is different, similar to the earlier stage.
So, you know, I just -- you know, if we have to make a motion, I
make a motion that, just like we did last time, we rank order these.
You could, you know, say this is my number one, these three people
tied for second, however the commissioners want to do it. Give it to
Ms. Lyberg, have her digest it and come back to us and give us an
overall, you know, generic finding of, I got all your votes, and here's
what you're looking at, and that would be a good starting point.
March 9, 2021
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COMMISSIONER SAUNDERS: I'll second that, because I
think what will happen is I think we will wind up eliminating a
couple names by doing that, so when we get down to the final
decision, we'll probably have two or three, would be my guess, that
really are the ones that we're going to be talking about. So I would
second that.
CHAIRMAN McDANIEL: Well, you know, as a point of
discussion -- and, again, it's just a point of discussion. As opposed
to a physical ranking, how do you feel about listing your top three --
COMMISSIONER SAUNDERS: I mean --
CHAIRMAN McDANIEL: -- in alphabetical order, and that,
then, brings back from a list of five down to -- down to three.
COMMISSIONER SAUNDERS: I'm fine with that as well.
CHAIRMAN McDANIEL: And it was just a thought. You
know, when we get into this ranking, I'm concerned with the ranking
process. I just have -- you know, because -- because we're -- as
Commissioner LoCastro said, we're -- there are good things about
everybody and not a lot of bad things about anybody. And so I have
just -- I just -- I was thinking if we all picked a top -- you know, a
top -- a top three, and that could be a basis for our discussion on the
23rd to actually move to a motion.
COMMISSIONER SAUNDERS: Commissioner LoCastro, I'd
seconded your motion, so that's what's on the floor right now, but I
have no problem whichever way we go. If you want to stick with
that motion, then vote on it, or we can --
COMMISSIONER SOLIS: And I think it's six of one, half
dozen of the other. I mean, whether we rank them one to five or we
pick the top three. I mean, I think we're going to end up with
probably the three, you know --
COMMISSIONER LoCASTRO: I'll split a hair then.
COMMISSIONER SOLIS: I would go either way.
March 9, 2021
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COMMISSIONER LoCASTRO: I'll split a hair here then. I
like the top three idea, but I do think the ranking would give us an
idea of who we think of the three was the strongest, and it more
aggressively moves us to stronger discussion. You know, we don't
sort of handle this with kid gloves.
I appreciate fully what Commissioner McDaniel is saying but,
you know, we're all adults here. We've all hired CEOs, even the five
candidates. They've all competed for jobs. You know, this isn't
about getting your feelings hurt or whatnot.
You know, let's move forward like executives and do the will of
the people and not, you know, sort of move along and -- let's not
crawl, walk, run. I don't think we need to sprint, but I think I'm
comfortable giving my top three and putting them in order of who I
think is the top candidate and who I think is my third candidate, and
I'd like HR to compare those against the other five, and I think it
would give us a really great data point as to where we are, much like
it did at step one where we thought, wow, we're a lot closer than we
thought.
I think it would do that same thing. I think if we just have a
random alphabetized three, then it's like, okay, so we all had about
the same three. Now, do we interview them again? Do we just sit
here and debate? And in the end all that might not be needed
because if we rank ordered our top three and everybody picked
Mr. Smith as the No. 1, then it's -- we move along very quickly and
say, you know what, maybe we don't have to sit here and debate the
pros and cons and, as Commissioner Taylor said, be in an awkward
position that isn't even required to say why. We all thought about it
in private, and we all -- you know, four of the five commissioners
had the same top three and the same No. 1. And then, you know, I
mean, it's pretty clear. I think it's irrelevant why we put them in that
order. I think it's clear why we would, that we think that person's the
March 9, 2021
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best candidate. So that would be my suggestion. I'm not
necessarily making it a motion, but it --
CHAIRMAN McDANIEL: You did make a motion.
COMMISSIONER LoCASTRO: Okay. Well, I'm make
a -- I'll make a motion --
CHAIRMAN McDANIEL: Wait. You already made a
motion.
COMMISSIONER LoCASTRO: But I don't think the motion
was that it be three, so I don't know if that matters.
CHAIRMAN McDANIEL: You made a motion that we send
in our top three ranked.
COMMISSIONER LoCASTRO: Okay. There you go.
CHAIRMAN McDANIEL: It was seconded. And discussion
as we go through that process.
COMMISSIONER LoCASTRO: Okay.
COMMISSIONER SAUNDERS: So just for clarification then,
because I did second the motion, but it was a little bit different, but
I'll change --
COMMISSIONER LoCASTRO: It was. That's what was my
point, yeah.
COMMISSIONER SAUNDERS: I'll change the second to the
current motion, which is we're going to pick our top three and rank
our top three.
COMMISSIONER LoCASTRO: Yes, sir.
COMMISSIONER SAUNDERS: All right. And then I would
suggest that we do as we did the last time, we have our names on a
piece of paper with our signature on them or names on it, and we
deliver it to the County Manager by the end of business on Monday, a
week from yesterday, so that it can be in the agenda packet which is
put together on Wednesday.
CHAIRMAN McDANIEL: And I'm okay with the timeline,
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and I'm okay with the motion.
Commissioner Taylor, do you -- I've got a comment that I want
to make before we actually vote, but do you want to go on that?
COMMISSIONER TAYLOR: Just -- yes, I would support this
in the direction that the Commission is going. Thank you.
CHAIRMAN McDANIEL: Okay. And just as a point of
crawl, walk, run, sprint, Commissioner LoCastro, I'm ready to go
now. Just so you know.
COMMISSIONER LoCASTRO: Okay. Then make that
motion. Well, maybe we can break for lunch.
COMMISSIONER SAUNDERS: Well, we have a motion and
second.
CHAIRMAN McDANIEL: We have a motion and second.
And I'm okay with doing it this way. I mean, this is -- this is, as they
like to say, making the sausage as we go. So with that, there's a
motion and a second. Is there any further discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN McDANIEL: Opposed, same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
Item #7
PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE
CURRENT OR FUTURE AGENDA
March 9, 2021
Page 84
MR. OCHS: Mr. Chairman, you -- would you like to take your
public comment -- you have three speakers -- or do you want to break
for lunch now?
CHAIRMAN McDANIEL: Yes. You know, three speakers in
public comment on items not on today's agenda, and they have three
minutes apiece.
MR. OCHS: Yes, sir.
CHAIRMAN McDANIEL: Yeah. Let's do that, and then we'll
take our 1:00 -- or take our lunch until the time-certain, 1:00.
MR. MILLER: Sorry. Mr. Chairman, I actually have four. I
have one online. Your first registered speaker is Daija Hinojosa.
She will be followed by Jacqualene Keay, and then Kristina Heuser.
MS. HINOJOSA: Good afternoon, Commissioners. I'd like to
bring something to your attention that I feel needs immediate
correction. On the Collier County Facebook page there is a flyer
representing what I feel is propaganda regarding the experimental
biological agent also known as the vaccine. It states, COVID-19
vaccines are safe. Safe. This is insinuating that there is absolutely
no risk involved with taking this vaccine.
Drinking herbal tea for a sore throat is safe. Ingesting organic
foods that have healing properties is safe. You cannot legitimately
say that this vaccine is safe.
The risks that are associated with this experimental agent can be
found all over the Internet, especially on a website that is
www.vaers.com. It stands for the Vaccine Adverse Event Reporting
System.
There are incredible life-threatening risks associated with this
vaccine, and I implore citizens to research these risks.
Number two states that all COVID-19 vaccines are being
used -- sorry. All COVID-19 vaccines that are being used have gone
March 9, 2021
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through the same safety tests and meet the same standards as any
other vaccines produced. This is, in fact, not true. This agent has
been given an emergency-use authorization by the FDA, but it is not
FDA approved. The emergency-use authorization means that the
manufacturers have not fully tested all batches of vaccine lots for its
safety, potency, and purity.
A transparent government and healthcare system should fully
disclose the major risks associated with a non-FDA-approved
experimental agent. Let's not forget that manufacturers are exempt
from liability. If this vaccine is safe, why are manufacturers not held
for viability? When an individual becomes vaccine injured, oh, well,
they cannot sue for damages. What a tragedy.
This flyer lacks truth, and by saying that this particular vaccine
is safe and has gone through the same safety testing as others is just
flat out not true.
Let's not forget that there is a 99.9 percent survival rate for those
who can contract COVID. I am requesting that there be made some
edits to this flyer to the public to at least inform them so that the
public can make informed decisions about the risks involved of
something they're going to inject into their bodies which will affect
their lives forever.
So thank you very much. Have a great day.
MR. MILLER: Your next speaker is Jacqualene Keay. She'll
be followed by Kristina Heuser and then -- my online speaker is not
there at the moment.
MR. OCHS: Ma'am, you can use this podium.
CHAIRMAN McDANIEL: You can come over here if you
wish. You haven't been following the arrows so far, so...
MS. KEAY: Good morning.
Today I would like to further discuss the issue of racism and
equity as it does relate to the attainable housing issue, and I'll
March 9, 2021
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point -- talk to that at some later date.
After I spoke at the last meeting, I was pleasantly surprised at
the number of positive comments that I received which began with a
heartfelt written note from another attendee. I'm greatly encouraged
because others in our community also recognize a need for discussion
to discuss racism in our community. We must not forget that
wisdom that tells us that a house divided will fall. As a country and
as a people, we have fallen and will continue to do so unless we
address this brokenness.
We, as a people of these United States, broke our country, and
we are responsible for fixing it. We must address what is broken at
the fundamental levels, which are the people, the communities, and
we have to ask ourself this one question: What is broken?
In my humble opinion, we are broken. Just like hurt people
hurt people, broken people break people. We have been broken by
hate, racism, and violence. The problem with hate is that it is like a
cancer, and if it's not -- if it's left untreated, will cause irreparable
harm. This is evidenced in the increase of hate crimes against
communities of colors, especially those in the black, Asian, as well as
Latino communities.
No one is immune from hate and violence. Regrettably, the
Capitol and D.C. police can attest to this unfortunate truth. We are
all vulnerable and impacted. We live in the land of the free, yet
many of us are living in fear daily. We fear for the safety of our
families, communities, and our future.
Growing up, the Golden Rule was repeated to me ad nauseam.
I cannot tell you how many times I was forced to repeat it. Treating
others the way you wish to be treated is engrained in my heart and
soul. Because I wish to be treated kindly, I treat others with that
same kindness. A sense of decency in doing the right thing was a
guiding principle. Likewise, I was taught that a person's word is
March 9, 2021
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their bond, and there's no room for hypocrisy.
Like many children growing up, I learned the art of lying.
Thank goodness I had people around me to hold me accountable for
lying, and I will say my backside has very fond memories of those
experiences.
As a result, truth is my reality. Like many of you, I can
differentiate between the truth and a lie. It is easy to like people who
look like you, who have the same social status as you, and who think
like you. It takes good heart and character to love people and care
about people who are different than you.
Thank you very much.
MR. MILLER: Mr. Chair, your final registered speaker for this
item is Christina Heuser.
MS. HEUSER: Thank you. Good afternoon.
I felt compelled to make a comment following your earlier
presentation recognizing people that you deem to be heroes in light of
this pandemic, and I've just found it troubling for quite some time the
way that term has come to be used so loosely in this community, like
your misguided propaganda that all heroes or real heroes wear masks
when it doesn't take any degree of courage or bravery whatsoever to
cover your face. And I could go off on a tangent on that topic, but I
don't want to do that in light of the time restraints.
What I would like to do, though, is recognize people whom I
really do deem to be heroes, and those are the people who, in the face
of all of the fear mongering, what is -- has become the prevailing
culture, sadly, and the prevailing narrative, a false narrative, mind
you, have shown real courage by standing up for the Constitution, for
individual liberty, for the right of myself and all people to make their
own decisions regarding their health and their family's health.
So to that end, I want to thank you, Commissioner McDaniel;
former Commissioner Fiala; although you weren't here at the time,
March 9, 2021
Page 88
Commissioner LoCastro, I appreciate seeing your face every meeting,
so thank you; our great Governor DeSantis who's finally getting the
recognition that he deserves nationwide since Florida has really come
out of this pandemic or so-called pandemic better than the rest of the
nation; Representative Rommel who has a bill in the legislature right
now aimed at curtailing the emergency powers of local governments.
So very important piece of legislation. So those are the true heroes,
and I want to thank them.
CHAIRMAN McDANIEL: So with that, I was negligent
early -- oh, you've got a comment, sir.
COMMISSIONER LoCASTRO: Well, you made a
comment -- and I appreciate the comments by our public regardless
of what the topics are. I mean, this is what democracy's all about, so
we give them time at the podium.
But you made a comment, and I just didn't want it to out hang
there, because I think it was important. You said, I'm ready now,
and I just wanted to throw out there to the others, does anybody else
share that, that -- and I'm just spit balling here a little bit, when it
comes to the County Manager position, giving our top five to, you
know, Ms. Lyberg at the lunch break, having her digest it and come
back and see if we actually are closer than we think, or do the
commissioners need time to digest until two weeks from now to
pick? You -- like I said, I'm piggybacking on what you said where
you said, I'm ready to vote now, or at least continue -- and then we
sort of let it hang out there, so...
CHAIRMAN McDANIEL: And I can respond to that if you
wish, if you want. I mean --
COMMISSIONER SAUNDERS: I'm going to respond to it as
well. So go ahead.
CHAIRMAN McDANIEL: Go ahead.
COMMISSIONER SAUNDERS: I'm ready to make a
March 9, 2021
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decision, but I want to respect the concerns that our fellow
commissioner, Commissioner Solis, has. He wants more time, that
was the schedule, and I think we should stick to it. Unless
Commissioner Solis changes his position, I'm going to stick with that,
that process that we're in.
CHAIRMAN McDANIEL: I'd like to, if I can -- because
he -- and just so you know, I have done this before in the public
realm. It's an extremely arduous process. I have business partners
that I communicate with on a regular basis, and when one of my
business partners flinches, I pull -- I hold until that -- my colleague is
ready to go.
And so my decision -- my comment was made that I'm not going
to change my mind in the next two weeks unless the sky really isn't
blue, but I'm ready to go now, and I -- but I certainly honor and
respect Commissioner Solis' statements with regard to the time and
certainly with respect to the candidates as well, so there.
COMMISSIONER SOLIS: Okay.
CHAIRMAN McDANIEL: And it's -- there's no slight. I
mean --
COMMISSIONER SOLIS: You know, it's a tough decision --
CHAIRMAN McDANIEL: Yes.
COMMISSIONER SOLIS: -- and I think -- you know, I think I
heard a couple things today that I, frankly, hadn't heard before. And
part of what I wanted to see was how each of the candidates did this,
because this is the job. So, you know, I like what we had agreed to
do before. We'll rank them and get them to Ms. Lyberg by, what
was it, Monday.
CHAIRMAN McDANIEL: Monday coming up.
COMMISSIONER SOLIS: And then we can -- we'll have a
shorter list, and then we can, I think -- hopefully we can focus on
why each one of us wanted the candidate that we wanted and what set
March 9, 2021
Page 90
them apart and to leave it at that and make a decision at the next
meeting. But, you know, obviously if everyone's already made up
their mind and I'm the only one out, you know -- I just would like a
little bit of time to reflect on what I heard today.
CHAIRMAN McDANIEL: And so it shall be honored.
Before we go to lunch, I have -- I was remiss in my presentation
portion -- our presentation of today's board meeting to announce our
Artist of the Month. I forgot. And forgive me, Commissioner
Taylor, I'll muddle along here as the chair until I get back into the
swing.
Our March Artist of the Month is Marina Lounis. She was born
in Moscow, studied art in Paris. She describes herself as an
ocean-inspired Florida artist painting essentially in shades of blue,
turquoise, and indigo colors.
Ms. Lounis is the owner of Art Point Gallery on 10th Street and
last year acquired Naples Frame Up, the oldest custom framing shop
in downtown Naples.
Ms. Lounis has established herself as a creative artist and is
respected by the Naples artistic community. She has also captured
the admiration of many boaters in Collier County.
So as we break for lunch today, please take a moment and view
her artist's work that's displayed in the back, and we'll come back and
do our time-certain 1:00 at 1:10. So adjourned.
(A brief recess was had from 12:08 p.m. to 1:10 p.m.)
CHAIRMAN McDANIEL: Good afternoon, everybody. And
I'll say that I'll rescind my reduction of pay for my colleagues that
were late earlier so -- and I just ran up the back stairs, so I'm a little
bit out of breath.
But County Manager shared with me we missed something in
our procedure this morning with the motion and an acceptance of the
consent agenda and summary. So with that --
March 9, 2021
Page 91
COMMISSIONER SOLIS: Well, we didn't vote to approve it?
CHAIRMAN McDANIEL: I thought we did, but she's -- she
wants the record to be correct. And so if somebody will make a
motion for the consent and summary agenda as printed.
COMMISSIONER TAYLOR: I make a motion to move to
accept the consent and summary agenda as printed.
MR. OCHS: And amended.
COMMISSIONER SOLIS: And amended, yeah.
CHAIRMAN McDANIEL: And amended, yes.
COMMISSIONER TAYLOR: And amended, excuse me.
And amended.
CHAIRMAN McDANIEL: There's no --
COMMISSIONER SOLIS: Second.
CHAIRMAN McDANIEL: It's been moved and seconded that
we approve the consent/summary agenda as amended. All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN McDANIEL: Opposed, same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
Okay. Now, where are we at?
Item #10D
DISCUSSION REGARDING ISSUES RAISED IN A RECENT
LETTER FROM THE US FISH & WILDLIFE SERVICE –
DISCUSSED
March 9, 2021
Page 92
MR. OCHS: Mr. Chairman, we had an item that was scheduled
to be heard no sooner than 1:00 p.m. That is Item 10D. And this is
an add-on item by Commissioner Taylor. It's a recommendation to
discuss issues raised in a recent letter from the United States Fish and
Wildlife Service.
Commissioner?
CHAIRMAN McDANIEL: Commissioner Taylor?
COMMISSIONER TAYLOR: Yes. Thank you very much.
This issue was discussed at the Planning Commission. The letter, as
I'm sure we've all had an opportunity to review it, but for the public,
requested that the Planning Commission continue both issues of
Longwater and Bellmar until such time as questions that were posed
in the letter could be addressed. The advise -- the legal advisement
to the Planning Commission was that the Planning Commission has
no authority over this. This has to be a Board of County
Commissioners' decision.
Given that, I thought it prudent to bring this letter forward.
This is a federal agency making a request in a very respectful
manner, and I thought it deserved a hearing.
Thank you.
CHAIRMAN McDANIEL: And do we have -- do we have
any -- how you doing, my friend?
MR. GODSEA: I'm good. How are you, Commissioner?
CHAIRMAN McDANIEL: Good. Good to see you again.
MR. GODSEA: Good to see you.
Yeah. Thank you, Commissioner Taylor, and thank you, fellow
commissioners. I wanted to just bring this to you-all's attention and
provide a little bit of clarity to where we're coming from with this
letter.
THE COURT REPORTER: Your name?
MR. GODSEA: My name is Kevin Godsea, K-e-v-i-n,
March 9, 2021
Page 93
G-o-d-s-e-a, and I'm the Refuse Manager for the Florida Panther
National Wildlife Refuge and all the national wildlife refuges here in
Southwest Florida.
So thank you, again, for having me, and I wanted to just clarify,
the role of the refuge is we are the land management branch of the
U.S. Fish and Wildlife Service, not the regulatory branch of the U.S.
Fish and Wildlife Service. We are the same agency, but we provide
very different statutory roles and responsibilities. And these issues
that we raise are specific upon the refuge's concerns about these
developments.
There is a federal process, as the county Planning Commission
has recognized. There is a federal process, a state process, county
process, but these specific concerns that we had we feel are specific
to counties' jurisdictions.
And so I wanted to kind of just bring these to your attention. It
is not a plea to delay processes or procedures but a plea to make sure
that we understand what is happening as these developments in the
RLSA area become more of a reality.
So first, you know, we -- it's important to note that, you know,
the call for a pause in any kind of proceeding is really about making
sure that all of the mitigation strategies are harmonized in a way,
whether that's in the RLSA or in the pending Habitat Conservation
Plan, which is still a pending action upon the regulatory side of our
agency, making sure that those -- those strategies are married up and
are consistent with one another.
We at the refuge, we've worked very hard with the applicants
and the landowners, not just this applicant but all of the landowners
in the RLSA area for many years. And so the things that we've
discussed in here should not be anything new that the applicants have
not heard before, but from our view of the applications, when you
were considering these individual developments, it simply isn't
March 9, 2021
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readily apparent where some of the specifics are, specifically when it
comes to hydrologic restoration activities in the Camp Keais Strand
flowways and SSAs.
Now, there was -- there is restoration that is going to occur in
these SSAs, but what are those specifics? Who, you know -- who is
responsible? When is the timing of those responsibilities? All of
that needs to be in a -- considered in a very timely way and
considered in a very comprehensive way when we're considering
these individual developments. What are we getting on the other
side of it when it comes to the -- comes to the conservation benefits
that the RLSA does provide for?
Likewise, this issue of what we consider smoke easements or
some sort of informed consent for future homeowners that are going
to live in these developments. These areas are within a mile of the
refuge, and we burn about 4- to 7,000 acres doing our prescribed
burns and our habitat management work as well as our
fuel -- reducing our fuel loads so that we don't end up with
catastrophic wildfires.
We do this on an annual basis, about 4- to 7,000 acres a year,
and there is going to be times when we can't mitigate that smoke
management protocol. It's going to be within -- these areas are
going to be within our smoke column. Not every time, but there's
going to be times, and I think that there does need to be some sort of
indemnification that goes along with the deeds, every deed transfer in
these developments, to make sure that we're able to continue to burn.
But not just us, but the other conservation areas and including the
management of the SSAs themselves.
The applicants have readily said that they're going to have to
manage through fire, and they do now. And in making sure that
we're going to have some sort of instrument available to us, whether
that's through the county or through the state.
March 9, 2021
Page 95
And the applicants have said they're -- that this is an issue that
they've brought up in their HOA documents. I'm not sure that's the
most appropriate place. It seems to me that that's a county zoning
and planning issue, but it's not readily -- in these applications, it's just
not readily apparent to us that these issues that we've discussed for
many, many years with the applicants, that they're in this application.
And so that was our concern when we wrote the letter -- when I wrote
the letter to the Planning Commission.
I'm willing to continue to work with the county as well as the
applicants to make sure that that's -- to make sure that those things
are in there for our future management of these protected lands.
So with that, I'll be happy to take any of your questions, and
thank you.
CHAIRMAN McDANIEL: Commissioner Taylor, do you have
any questions? I'm going to go to you first.
COMMISSIONER TAYLOR: Not at this point, but I'd like to
reserve my position after hearing from my colleagues.
CHAIRMAN McDANIEL: Does anybody else have any
questions of Kevin?
COMMISSIONER SOLIS: Yes.
CHAIRMAN McDANIEL: Okay.
COMMISSIONER SOLIS: So I'm looking at your letter, and it
says -- and I want to make sure I understood, because I thought you
just said you weren't asking anyone to take a pause, but your letter
says, we believe the Planning Commission should take a pause.
MR. GODSEA: Yeah. Let me clear that up. So we do think,
you know, there needs to be a pause to make sure that these are
harmonized, that the mitigation strategies make sure that what is in
the RLSA, what is in the -- at least the draft HCP, make sure those
are consistent with one another and not just those are consistent, but
then these individual developments are consistent within that.
March 9, 2021
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And so that causes us pause, because we -- like I said, we've
worked long and hard with these applicants, and it just readily -- it's
just not readily apparent to us that these concerns that we've had long
discussed are in there, and so we want to make sure -- let's take a
pause, take a breath, and let's make sure that it's consistent.
COMMISSIONER SOLIS: So you are asking for a pause?
MR. GODSEA: In the -- not necessarily in the regulatory
sense. The county can go ahead and do -- you know, and pass their
processes.
COMMISSIONER SOLIS: You're just saying that we make
sure that all of this is addressed somewhere in our process?
MR. GODSEA: Correct.
COMMISSIONER SOLIS: Okay. I mean, that's not -- I'm
not -- just wanted to make sure I understand what you're asking for.
MR. GODSEA: I just want to make sure that it's all consistent
with each other.
COMMISSIONER SOLIS: Okay.
CHAIRMAN McDANIEL: Good. Commissioner Saunders.
COMMISSIONER SAUNDERS: Thank you.
A question for you as well as one for the County Attorney. But
do you have any idea of where the property owners are on this
particular issue? I'm assuming that they're not supportive of a pause
here.
MR. GODSEA: Yeah, I'm assuming they're not. I will have a
meeting with Collier Enterprises tomorrow, in fact, on a lot of these
subjects. Like I said, we've worked for many years together.
They're not -- they're not surprised by the content. I think they were
surprised by the timing.
COMMISSIONER SAUNDERS: Okay. And then a question
for the County Attorney, because we obviously have in our executive
summary your summary of Section 125.022(5) that basically,
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according to what I've read here, what you've said in this memo, that
we can't just pause an item unless it was an application that was filed
prior to July 1 of 2012.
So what -- in terms of that timing, are we in a position where
this was done -- applied for prior to that? Or if it was after that, it
sounds like we can't do anything. We can't pause a project, but we
can -- if we have other bases for delay, we can certainly do that, but
we can't just say, okay, well, we want to take a breath here.
MR. KLATZKOW: I'm still not sure what this gentleman is
asking us, to be honest with you. I don't think we can take a pause.
I don't think we can put some sort of stay on the proceedings or some
sort of moratorium on the proceedings.
The federal government, they've got their permitting process.
They can certainly, as part of that permitting process, put these
requirements into it if that's what they want. I don't know why it's
on us. But, no, we can't pause it at this point in time, not for any
reason I've heard.
MR. GODSEA: May I respond to that? Because that is true.
Yes, we have our federal process, but it's not readily apparent where
in the ESA we have necessarily jurisdiction over smoke management
through an Endangered Species Act permit.
So whether we could put those requirements in place through
our federal process is, you know, debatable at best.
CHAIRMAN McDANIEL: And we get a letter from the
Department of Interior, and everybody perks up.
MR. GODSEA: Understandably.
CHAIRMAN McDANIEL: What I read -- because I know the
rules and who's in charge and how we're doing. What I read was
concerns expressed by a neighbor with regard to the practices that our
neighbor -- that this particular neighbor has with regard to these
upcoming projects.
March 9, 2021
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What I read was uncertainty with regard to the hydrological
effects of the projects, even though they're well -- as far as I'm aware,
they're really established as to what they're doing with rehydration
efforts and the expansion of the Camp Keais. That whole area down
through there, that flow-way coming through, there's an enormous
amount of good things that are happening.
What I read was a concerned neighbor who has business
practices. You've got to burn. We all know that. And the
statement that I read in here stipulated that some sort of
agreement/acknowledgment with the residents that live in this area all
over the place that are in the smoke column actually are aware of the
activities of the Department.
As Commissioner Solis said and Commissioner Saunders, I
think the evidence, to your concerns, will move through -- while
moving through the process, can easily be established and met with
what I already know exists within the RLSA, within the criterium for
the restoration credits, within the existing ongoing Habitat
Conservation Plan, I think all of those things are going to be washed
through and answered. Your questions and concerns are necessarily
going to be addressed.
And I think it's quite prudent, because of the known practices
the department has, to acknowledge the potential of the smoke
column and the impacts that that could have on those residents. I
think that's very prudent. But I wasn't sure -- is your department or
your agency actually a regulatory body in this development?
MR. GODSEA: So from the refuge perspective, no, we are not
part of the regulatory side of things. This is exactly as you have
summarized is that a neighboring body, a neighboring agency in this
case that has certain practices that would like to continue and needs
to continue those practices, needs to be considered in these types of
discussions.
March 9, 2021
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And I'm sure we can get through the process in the normal
process there, but it's also important that we put this in record so that
we do have accountability through the system so we make sure that
that restoration that they mentioned on the hydrologic side of things,
that's important to us. In past applications that, you know, didn't go
through, didn't get passed, there was a very different restoration plan
in there.
CHAIRMAN McDANIEL: Sure.
MR. GODSEA: And then these applications, it's dialed back a
bit, because there has been some land ownership patterns that have
changed out there, and that has undoubtedly changed some of the
restoration plans.
So what are we getting in the terms of restoration? I'm sure we
can figure that out. Let's spell it out, and let's make sure it's heard in
the public eye.
CHAIRMAN McDANIEL: And I'm here to offer you the
assurance that those questions will be answered, or we won't allow
this project to go forward. Those are all valid questions, but the
suggestion that there's deficiencies in the process that we have
currently in place and the pause caused a lot of consternation
amongst the community.
MR. GODSEA: Understandably. And, yes, when you put
something on the Department of Interior letterhead, we are part of the
Fish and Wildlife Service, part of the Department of Interior. I
understand that, and that's why I'm here today, and I appreciate the
opportunity to clear that up for you all.
CHAIRMAN McDANIEL: Outstanding. Do we have any
staff report -- or, Commissioner Taylor, I'm sorry, you want to
address Kevin?
COMMISSIONER TAYLOR: Yes, just -- no, really the Board.
One of the -- one of the issues that we will continue to face as
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we grow in the east, and certainly the City of Naples has faced as it's
grown around an airport, is a declaration of what is going on around
you before you buy. And I know that in conversations with
Mr. Godsea, he did indicate his concern that nobody likes smoke in
their backyard and at some point, if these are not made clear right
from the get-go and are put in -- and I'm not sure what the
terminology is, but I think my attorney friends on the Board can tell
me -- in the for-sale documents, the sale documents, that it's
conceivable that public outcry will cause this burning, this very
essential part of how we manage these lands, to cease, which will be
to the detriment of everything.
So to me, that alone is a critical issue that needs to be addressed.
And I'm not sure -- it could be that there is enough time, but I
think -- I think the question is not to stop anything. A question is
to -- let's make it very clear.
And the restoration part is very critical because, as you know,
there's been a significant amount of disagreement about what
restoration is and what does it mean, and unless we toe the line with
that, it leaves -- it leaves openings that could be -- just really could be
misconstrued and a job done that doesn't mean restoration.
So, as we know, the currency of the eastern lands is the credit
system, and we know that credits are given for restoration. So it
behooves us as taxpayers' representatives to make sure that it's done
properly.
Thank you.
CHAIRMAN McDANIEL: County Manager, do we not
have -- have we adopted the proposed RLSA amendments?
MR. OCHS: No, sir, not yet.
CHAIRMAN McDANIEL: Why?
MR. OCHS: They're on your schedule for, I think, two
meetings from now.
March 9, 2021
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CHAIRMAN McDANIEL: Okay. I mean, because I think
we're past the 30-day review period from the Department of
Economic Opportunity, and I believe within those amendments, there
is specificity put into the restoration credits and restoration work and
the credits that are generated, as Commissioner Taylor stipulated, that
there's a significant amount of clarity that's brought into and further
enhances the RLSA.
So I think, with a sufficient amount of time going through the
continued processes that we are, another Planning Commission
meeting or two to go through the processes, and then these projects
coming forward, the questions will certainly be addressed.
MR. GODSEA: I appreciate and understand that, because I
know the amendments have been hanging out there, and to know the
timeline that that is coming -- forthcoming still, that gives us a lot
more -- a lot more ease, I guess.
CHAIRMAN McDANIEL: And from me to you, I promise to
work with you just to make sure that your issues are, in fact,
addressed, and clarity is brought forward.
MR. GODSEA: Yep. I appreciate that. Thank you.
CHAIRMAN McDANIEL: Thank you.
All right. Let's -- I think we've sufficiently taken care of that
one, unless there's -- is there anything else we need to do with that?
I mean, there's no action required. We --
MR. OCHS: No, sir.
CHAIRMAN McDANIEL: Thank you, sir.
Let's see.
MR. OCHS: Ready to go to advertised public hearings, sir?
CHAIRMAN McDANIEL: Yes, sir.
Item #9A
March 9, 2021
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ORDINANCE 2021-14: 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 – ADOPTED
MR. OCHS: That's Item 9A on the agenda today,
Commissioners. This is an ordinance amending your Collier County
Land Development Code to create the Golden Gate Parkway Overlay
District. This is the second of two readings on this ordinance, and it
was originally scheduled on your summary while we were preparing,
but we had some communication from Park East Condo Association,
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who the Board had exempted out at the first reading of this
ordinance, so we moved it to the regular public hearing agenda for
discussion.
And we can present the item again as we did at the last meeting,
or we could go right to the commissioners or public comment.
CHAIRMAN McDANIEL: Do we have any public comment?
Do you want to hear that?
MR. MILLER: Yes, sir, I do have public comment.
CHAIRMAN McDANIEL: Let's let the Board deliberate, and
then we'll go to public comment.
Commissioner Saunders.
COMMISSIONER SAUNDERS: Yeah. I was just going to
make the point, we don't really need a staff presentation. And the
only issue is whether or not this Park East, if I'm saying that
correctly, goes back into the overlay, and we're going to hear from a
couple property owners there, their rationale for why it should be
included, and I'll start off by saying I agree with them, and I will have
a comment once that public hearing part is completed.
CHAIRMAN McDANIEL: Good. Thank you, sir. We'll
listen to Mr. Davies.
MR. OCHS: Is he one of the registered speakers, Mr. Miller?
MR. MILLER: Yes, he is, sir. Do you want -- is this to be
timed?
CHAIRMAN McDANIEL: No. He's the council for the
people that are in question in this overlay, and I don't think he's going
to take an enormous amount of time. Are you?
MR. DAVIES: No, sir. Thank you, Mr. Chairman. Good
afternoon, Commissioners. For the record, Noel Davies with the law
firm of Davies Duke on behalf of the Park East Office Condo
Association.
So my clients are those folks that were mentioned at your first
March 9, 2021
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reading on this item. I did write a letter on behalf of my clients
dated March 2nd, so from last week, which you-all should have and
which is included in your backup materials for today's meeting.
The message of the letter is simple. My clients do want to be
included in the subject overlay. There was some discussion about
whether or not that was the case, and to clarify the record, they
absolutely do want to be included. They've been tracking the item
since it's beginning and have been looking forward to it being
adopted by the Commission, and they were shocked, frankly, when
they found out that they were being singled out as potentially being
excluded. Doing so would not be fair and would be improper, and
so I am here today to formally object to that -- to that exclusion.
To be clear, my clients support the overlay. They very much
want to be included, and they also want to take the opportunity to
thank the county staff and the commission, particularly
Commissioner Saunders, for spearheading this initiative. They have
been following along and appreciate all the hard work that has gone
into the overlay and hope and expect to be included alongside their
neighbors on Golden Gate Parkway.
So thank you very much, Commissioners, and I'm happy to take
any questions about my client's position on this.
CHAIRMAN McDANIEL: I have a question for staff, not you.
You were quite clear on your position.
MR. DAVIES: Thank you.
CHAIRMAN McDANIEL: Jeremy, just a quick question,
because I'm leaning towards supporting Commissioner Saunders and
adding these folks in.
With this overlay and these added uses, is it not -- are they not
similar to a conditional-use process where if these particular -- this
particular project were changed to one of the allowable uses within
the overlay, would they not have to go through the public process,
March 9, 2021
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disclose, talk about, sight/sound barriers, landscaping, architectural
design, so on and so forth?
MR. FRANTZ: Jeremy Frantz, for the record, LDC Manager
of the Zoning Division.
It would depend on the particular use that's being proposed.
There are many uses that are proposed as permitted by right. So
many uses would not require a hearing in order to develop or to take
advantage of those. There are some conditional uses that are
proposed as well, but, you know, it's just like any other overlay that
has a list of potential allowable uses.
CHAIRMAN McDANIEL: And, I mean, you and I can talk if
you want to. I mean, you don't have to hit your button. I know you
have something to say. It's just -- I mean, that's -- my understanding
was these additions were not detractions. I heard from the public
that they had concerns about some of these allowable uses that were
coming in this overlay, but I also was under the understanding that
there was a -- there was a public process to receive input on if a use
change, in effect, was consummated.
MR. FRANTZ: The particular properties that we're looking at
are within a PUD right now. They could potentially come and
request changes to that PUD or to their zoning in general, but the
structure of the overlay is that we're allowing uses by right.
CHAIRMAN McDANIEL: I don't have any
more -- Commissioner Saunders.
COMMISSIONER SAUNDERS: One of the objections to this
property being included was the statement that there are little
restaurants and other businesses that are a little further to the east of
where this property is and that a lot of those property owners have
signs in their windows that are illegal perhaps. Maybe the sites
haven't been kept as clean. This particular site has been pristine.
The property owners have not violated any rules. They've
March 9, 2021
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maintained the property in a very nice way.
And so I would say that if we don't include them, we will be
proving the old saying that no good deed goes unpunished. You've
done what -- your client's done what they're supposed to do, and to
exclude them would be punishing them for doing that. So I would
make the motion to reincorporate Park East back into the overlay.
Oh, and there was one other point that I was going to make.
One of the property owners, and I'm not sure if it's your client, is
actually planning on doing a project; it's a multiuse project that is
consistent with what we're trying to accomplish in that whole
commercial overlay. Is that your client?
MR. DAVIES: I don't believe that's my client, Commissioner
Saunders. I think maybe near by, though.
COMMISSIONER SAUNDERS: Yeah. So this is going to
help jump start that whole process.
COMMISSIONER SOLIS: I'll second that.
CHAIRMAN McDANIEL: There's been a motion and a
second, and we'll -- how about any discussion, and then we'll go to
public comment, because I know we have some.
MR. FRANTZ: If I could just clarify, you mentioned Park
East, and I think that maybe is a reference to a specific center, but
when we looked at the map last time, we were looking at a couple of
different tracts within what's called the Founder's Plaza PUD. I
think you're suggesting that we don't remove any of that PUD.
COMMISSIONER SAUNDERS: That's correct. That's
correct.
CHAIRMAN McDANIEL: Founder's Plaza. So clarification,
it's including the Founder's Plaza PUD.
MR. KLATZKOW: For clarification, we're voting on the
ordinance as originally advertised.
COMMISSIONER SAUNDERS: Ordinance, yes.
March 9, 2021
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CHAIRMAN McDANIEL: Right. Okay.
Any other discussion before we go to public comment?
(No response.)
CHAIRMAN McDANIEL: Commissioner Taylor?
COMMISSIONER TAYLOR: No, no discussion.
CHAIRMAN McDANIEL: Okay.
MR. MILLER: Mr. Chair, we have two registered speakers.
Both are on Zoom. Your first speaker will be Kaydee Tuff, and then
she will be followed by Megan Greer.
Kaydee, you're being prompted to unmute right now, if you'll do
that for me. Ms. Tuff. There you are. You have three minutes,
Kaydee.
MS. TUFF: Great. Thank you.
First of all, I see that Commissioner McDaniel has his purple
hat, DADV hat, and I would like to thank the commissioners for
putting in today Gentlemen Against Domestic Violence Day and for
setting an example in our community as real gentlemen and, Penny,
as always, you are a fine gentlewoman and a fine role model as well.
So thank you all for your time and service.
I come to you today from Branson, Missouri, where the
temperature is 67 degrees, and I appreciate the opportunity to take
part remotely.
I'm a 30-year resident and business owner in the four-mile
square known as Golden Gate City. My husband and I published the
community's newspaper for over 15 years. I currently serve as
president of the Golden Gate Civic Association. I truly know and
love my community.
For several years we have listened to many experts tell us how
they will improve our community through the Golden Gate
Overlay -- Parkway Overlay District. We've been shown renderings
of Fifth Avenue style buildings with tidy boutique shops below and
March 9, 2021
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two stories of housing above. And we've been told these changes
are healthy, blue, and will improve the aesthetics as well as the
quality of life in Golden Gate.
But the reality of this project is that it is a politically correct way
to pack more affordable housing into the four-mile square of Golden
Gate City, which is already not twice, not four times, but six
times -- six times the density of the City of Naples. In addition to
the 400-plus units of affordable housing scheduled for our golf
course, this overlay ensures our parkway and the K-Mart plaza will
accommodate hundreds more units of affordable housing as we move
forward into the future.
At one point during the public process, staff even wanted to
remove the retail requirement from the overlay which would have
allowed three stories of housing all along our parkway. So it's pretty
clear that the intent of this overlay is additional affordable housing.
So as this avalanche of housing and unknown retail uses
approaches my community, I'm here today requesting one small
thing: Please do not eliminate the Golden Gate office -- professional
office commercial PUD that regulates Park East Plaza. This PUD
was established 16 years ago through the public process involving the
community, the county, and the developer. Our concerns at that
time as well as today was to prevent a narrow strip of 27 units at the
entrance of our community with retail uses.
By the very nature of the business, retail uses traditionally bring
additional signage, litter, loitering, and crime. By limiting this PUD
at this time, you will be immediately opening these 27 professional
office spaces to retail uses comparable to the ones illustrated in the
photos I previously sent each of you. The photos were taken just a
few blocks of [sic] Park East Plaza.
Based on Golden Gate's current economic demographics, the
remarkable Fifth Avenue style renderings that are obviously many
March 9, 2021
Page 109
years away -- and that is if they ever materialize given the provision
for a deviation request as proposed in Item 16A of today's consent
agenda. But one thing is for sure, they will never materialize if we
open the door to additional blight today.
Commissioner Saunders has been very adamant that he does not
want to cram anything down the throat of our community. Allowing
the retail uses in these 27 office units will destroy the very thing the
community worked hard to put in place. It may not happen under
the current ownership, but it will inevitably take place as these
owners sell their properties under the expanded zoning, and once
blight starts, it takes over and, unfortunately, we know this from vast
experience.
CHAIRMAN McDANIEL: Okay, Ms. Kaydee. You want to
say goodbye? I don't want to cut you off, but your three minutes are
up, dear.
MS. TUFF: Thank you very much for giving me the time.
CHAIRMAN McDANIEL: Yes, ma'am.
MR. MILLER: Mr. Chair, your final registered speaker on
Item 9A is Megan Greer.
Megan, you're being prompted to unmute yourself, and there
you go. You have three minutes, Megan.
MS. GREER: Thank you. Good afternoon, Commissioners.
I just wanted to -- I'm -- for the record, I'm with Blue Zones Project,
and I just wanted to take a moment to commend staff and
commissioners for this project.
This is a very exciting opportunity not only to merge the new
overlay with the Golden Gate Parkway potential redesign, but it's also
centered around designing for people, including multiuse and
multifamily development.
These types of city centers lead towards lower rates of obesity,
higher activity, less alcohol consumption, a higher ability to see
March 9, 2021
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friends and build more connections, lower chronic disease, lower
loneliness, a higher use of alternate transportation and, obviously,
bringing in higher tax revenue for you. All these things lead towards
living longer, happier lives.
In the process of moving forward with this, I would
encourage -- we're in full support of the overlay, but I also would
encourage an implementation plan that really reflects the engagement
of the community and -- and the community and the demographics in
that community. So when you look at the 2020 census, almost
upwards of 70 percent of the community is Hispanic or of Latin
descent. So making sure that there are opportunities for public
engagement that are in Spanish that have been translated and really
looking at the opportunity to add to Policy 3.23 when you initiate
involvement with residents that it is provided in Spanish from the
get-go so that you're really getting a true representation of opinion
through the -- through that community.
We greatly support it as it was originally written and just look
forward to creating happier, healthy living and lives in Golden Gate
City.
Thank you very much.
MR. MILLER: That was your final speaker, Mr. Chair.
CHAIRMAN McDANIEL: I have a question of Jeremy, if you
don't mind coming back up; if you would, please.
And, again, it comes back around to -- apparently, my
misunderstanding. I've -- you know, Commissioner Saunders, you
made the statement that no good deed goes unpunished, but on the
same token, I'm a huge advocate of property rights and what
entitlements are bequeathed to one need to be equal for all and so on
and so forth.
With this process -- am I on a time limit?
MR. MILLER: No, sir.
March 9, 2021
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CHAIRMAN McDANIEL: With this process, if someone were
to come in for a use change, if you could give me a brief description,
this -- you know, Ms. Kaydee mentioned the K-Mart plaza. If
someone were to come in with a redevelopment of that particular
plaza, of that particular center, what is the process that they need to
go through in order to effectuate that?
MR. FRANTZ: Assuming that they don't require any
deviations, they could come through our Site Development Plan
process, if they're sticking to the development standards that are a
part of this land use -- this Land Development Code amendment,
sticking to the uses within that table of permitted and conditional
uses, and, you know, if they're not asking for any deviations from
that, they can go through the Site Development Plan process. If they
need a deviation, then we have -- we're allowing them to go through
the site plan with deviations public hearing. That's strictly for when
a deviation is required.
CHAIRMAN McDANIEL: And that's in the Hearing
Examiner's realm --
MR. FRANTZ: Correct.
CHAIRMAN McDANIEL: -- or Planning Commission and
ours. So it's -- thank you.
MR. FRANTZ: And I neglected to mention before, we did
receive additional emails after the agenda went to print. I can
provide those to you-all now. There's just a handful of emails, if
you'd like.
COMMISSIONER SAUNDERS: What's the general tenor of
them?
MR. FRANTZ: We did receive one from Kaydee Tuff, who's
spoken, and the rest of the emails are in support of the amendment.
CHAIRMAN McDANIEL: I mean, overall, I've already said, I
generally think that the best intentions -- and I commend you,
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Commissioner Saunders, in bringing this item forward. I just
have -- I have a concern about the lack of public input if there isn't a
requisite for -- if they do require a deviation, and that -- as Kaydee
adeptly said, it's -- once it's there, it's there, and you can't take it back.
COMMISSIONER SAUNDERS: Well, I'll quote you,
Commissioner McDaniel. I am a huge advocate for property rights.
CHAIRMAN McDANIEL: I am.
COMMISSIONER SAUNDERS: I think it's just
fundamentally unfair -- and I understand where Ms. Tuff is coming
from. That's -- this is a project that was developed over a lot of
discussion. We're changing the rules, and change is often a little
difficult. But I just don't see how we can fairly say to the property
owner that's done everything right that because you've done
everything right, we're not going to include you in this new overlay.
I just don't think that that's fair.
CHAIRMAN McDANIEL: How did they get excluded out in
the first place?
COMMISSIONER SAUNDERS: I made the motion to exclude
them based on the testimony from Ms. Tuff with the direction that
this would come back at this hearing and we'd make a final decision.
So that was my suggestion at that time. Since then I've looked at the
letters and the issues associated with it, and I just don't think it's right
to exclude them. I understand where Ms. Tuff is coming from. I
just don't think it's the right thing to do.
CHAIRMAN McDANIEL: Do you have anything else you
want to add before we vote?
MR. OCHS: No. I was just clarifying with Jeremy, as part of
that discussion at the last meeting, we were directed to reach out to
the owners of this PUD, and that's what we've done, and I think that's
what led to this conversation today.
CHAIRMAN McDANIEL: Having said that, there's a motion
March 9, 2021
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and a second. All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN McDANIEL: Opposed, same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: Passes 5-0.
And, Ms. Kaydee, if you're still watching, if you haven't shut off
your TV, Commissioner LoCastro actually has a purple tie on as
well.
COMMISSIONER LoCASTRO: On purpose.
MR. DAVIES: Thank you, Commissioners.
Item #10A
RECOMMENDATION THAT THE BOARD ADJUSTS ITS
CURRENT SCHEDULE AND FOREGOES THE SUMMER
BREAK IN 2021 TO BETTER ACCOMMODATE THE NEEDS OF
THE COMMUNITY – MOTION TO AMEND SCHEDULE AS
PROPOSED IN THE EXECUTIVE SUMMARY – FAILS
MR. OCHS: Commissioners, we move to Item 10A. This is a
recommendation that the Board adjust its current schedule and
foregoes the summer break in 2021 to better accommodate the needs
of the community. This item was brought forward by Commissioner
McDaniel.
CHAIRMAN McDANIEL: Well, Commissioner Saunders, just
so you know, you brought forward an item or discussion -- I think it
was under commissioner comments back in December of last year.
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Commissioner Taylor, you might -- or somebody's not on mute.
MR. MILLER: Yeah, I can't -- I don't have the power to mute
the commissioner, sir.
CHAIRMAN McDANIEL: Well, somebody give it to me.
COMMISSIONER TAYLOR: Apologies.
CHAIRMAN McDANIEL: That's okay. I was just -- I was
just having fun.
Anyway, as you know, I mean, we have a very big decision
coming up in the latter part of March. I'm all about as much public
input as we possibly can receive from our community. I think that
our vetting of our budget is lackluster at best from a public-input
perspective. I would like to see -- and we're seeing large backlogs in
our agendas as we're coming forward.
You made a suggestion, Commissioner Saunders, that we add a
meeting in November, and I'm not opposed to that, although you
folks are the only ones that will be here. If you'll allow me to attend
virtually, I'll be happy to do that. And I also -- I know you have
travel plans come up with summer -- would -- and I made it very
clear in this agenda item that if anybody did have previous
engagements or commitments, that they could attend virtually. But I
think it's time for us to treat this as a real community with 370,000
people, and that community deserves our presence on a far more
regular basis. So with that, I'd like to make a motion to approve this
as submitted.
COMMISSIONER LoCASTRO: Second.
COMMISSIONER SAUNDERS: Just as a quick comment, I
have no problem with meeting all year long. That -- when I had
suggested having the break, it really is for our staff, and the rationale
for that is that every two weeks they put together an agenda book that
has anywhere from 1,500 pages to 2,500 pages. August is a time
when families like to take vacations. This will make it a little
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tougher.
I'm going to support the motion because I really -- again, I have
no problem attending remotely as well. That's not a personal thing
at all, but I think it's a bit of a disservice to our staff to not be able to
make those types of plans that we can make.
So I will just simply support the motion.
COMMISSIONER LoCASTRO: I'd like to say something.
CHAIRMAN McDANIEL: I got you. I mean, he jumped on
the light.
COMMISSIONER SAUNDERS: I'm sorry. I thought you
were getting ready to call for the vote, and I didn't --
CHAIRMAN McDANIEL: Oh, no, no. He just jumped in on
the second. So, Commissioner LoCastro, you're --
COMMISSIONER LoCASTRO: I'm a strong supporter of no
summer vacation. We're not a college. We're not a high school.
These are really big jobs in this building, and so I know people are
tired and they do thousands of pages. Every major company and
corporation does. So a lot of us have worked here in business, and,
you know, maybe, you know, sometimes we forget that, you know,
the job comes first, and if it's -- you know, if you want a job where
you can take summer vacation and you're not inconvenienced, there's
jobs that fit that. But this is doing the business of the people.
I was flabbergasted, as a citizen, to sit out in the audience and
even learn that there's a summer break. There's ways around it.
Like you said, to Zoom in, and this, that, or the other.
I talk to a lot of citizens that we serve, and they say that when
we come back from the break, then we're behind a bit in, sort of, the
agenda and whatnot. And maybe that's arguable but, you know, I
ran for the seat to work. And we all did, so I'm not casting stones or
anything. But I think this is long overdue. Big companies
work -- I'm sure Arthrex doesn't take a two-month break, or
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two-week break at NCH. I'm sure all those first responders that we
just applauded in here, you know, if they need to have a summer
vacation, it gets planned. I don't think we're canceling Christmas or
anything like that. But I think, you know, we're telling our staff, you
have a big job with a lot of responsibilities. This county doesn't shut
down in the summer.
And on the flip side, I think we can get a lot done in the summer
when there's a few less people here, and we can plow through and get
stuff done rather than figuring out, you know -- you know, moving it
to another meeting or whatnot.
So I'm a big supporter of Commissioner McDaniel's motion, and
I hope others are as well without reservation or comment or anything.
I think citizens expect us to work all year-round.
COMMISSIONER SAUNDERS: Why would you suggest that
we not have comment?
CHAIRMAN McDANIEL: Yeah. I was just going to say,
there's two other comments.
COMMISSIONER LoCASTRO: No, I didn't mean to not make
comment. But, I mean, and then saying, well, I'm going to support
it, however, but. I mean, either get behind it or don't. You know,
sometimes these little innuendo things of, well, I'm sort of going to
support it, but -- okay, then make your comments, but I think in the
end we should decide, and it should be one decision and one voice.
So my comments are just as important as yours, so I look
forward to hearing your comments.
COMMISSIONER SAUNDERS: You will.
CHAIRMAN McDANIEL: Commissioner Solis, as a matter of
fact, comments goes, do you want to -- he unlit.
COMMISSIONER SOLIS: Okay. I will say I've been here
four years now, I have never once had somebody say you should be
hearing zoning matters during the summer. What we've always
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heard is the exact opposite; that we shouldn't be hearing zoning
matters during the summer because everybody's not here.
CHAIRMAN McDANIEL: Correct.
COMMISSIONER SOLIS: And I'm not going to support the
motion for that very reason, because we hear that at every single
zoning hearing that does not fall within the season, and this is just
going to make it worse. Yeah, let's get things done in the summer
when people aren't here is exactly what we hear in terms of the
complaints from the public.
I've never heard anybody say we should hear more important
matters during the summer when there's less people here and
so -- you know, I just haven't heard that. I understand -- I'm
perfectly willing to work all the time, but I don't think it's -- one, I
don't think it's the right thing to do for the staff, and I don't think it's
right -- actually, the right thing to do for the public.
CHAIRMAN McDANIEL: And if I might clarify. I didn't put
it in this. And, you know, this is my fourth shot at this, having the
discussion about extending our schedule, and I had, similarly to what
you suggested -- because I'm not an advocate of contentious land-use
items that are coming up in the summertime. I'm not an advocate of
hearing those outside when there isn't as many folks here.
I wouldn't mind amending my motion to -- to not allow us to do
that or not have us do contentious land -- I mean, simple land-use
items, certain things that we do conducting business doesn't -- but
contentious land-use items I don't think we should hear in the
summer months. I had suggested in the past -- and that was the
mindset that I had with this was more of a pilot project just to talk
about the efficacy of how we're conducting business, so...
COMMISSIONER SOLIS: If I can just follow up, since that
was a response to what I said.
You know, again, who's going to decide what's a contentious
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zoning matter as opposed to a non-contentious zoning matter? I
think we have a process that's worked well. The only thing that we
hear is that we shouldn't even hear things, you know, in April, May,
or June, and certainly not in August or September. I think adding
more hearing times to when less people are here is just the opposite
of what I'm always hearing from constituents, so I can't support the
motion.
CHAIRMAN McDANIEL: Okay. Commissioner Taylor.
COMMISSIONER TAYLOR: I would agree with
Commissioner Solis. I think this is a recipe for folks pointing the
finger and saying that we want to rush things through. It is naive to
think because before we don't -- we aren't seen in a meeting that we
aren't working. We're working all the time, through the summer.
We do take breaks. That's very important. It's my
understanding and it has been my custom in my almost 18 years in
government, that staff needs that break. They need to stop preparing
for meetings. They need time to catch up, and that is not done with
us on the dais. That is done with us away from the dais where they
can get to the work they need to do to prepare for us.
So I cannot support the motion. I think my constituents will
call foul -- will cry foul on this. In fact, we've all received emails to
that effect.
Thank you.
CHAIRMAN McDANIEL: Thank you.
Commissioner Saunders.
COMMISSIONER SAUNDERS: Yeah. It's impossible,
really, to tell whether something's going to be contentious or not,
whether it's a zoning matter or any other matter. This issue with
Golden Gate Parkway, I didn't think it was a contentious matter
until -- as a matter of fact, it was on the consent agenda when it was
originally scheduled. I took it off the consent agenda just so there
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could be more public comment, if there was going to be any. I didn't
really expect it because there was so much community outreach on
that issue, but it became very contentious. So you just don't know
on any zoning issue, whether it's on the consent agenda or not. A lot
of these other issues we deal with can become very contentious
without us even knowing it.
I'm going to -- as I said, I'm going to support the motion. I
don't think it's the right thing to do, but you've made this into a very
strong political issue.
Commissioner LoCastro has basically said, we're big boys now,
it's a big operation and, I think, has painted us in the corner of we
have to approve this. So I'm going to do that, but I think it's a
mistake, and I want to thank you for putting us in that position.
CHAIRMAN McDANIEL: It wasn't done with malice. We're
obviously in deference on opinion with regard to it. I said what I
said at the beginning. We're no longer like it was 40 years ago, a
sleepy little community of less than 100,000 people. We're 370,000
people.
COMMISSIONER SAUNDERS: Could I just comment to
that?
CHAIRMAN McDANIEL: Sure. I mean, I'm going to --
COMMISSIONER SAUNDERS: Even though we're going to
pass this, not an issue. Lee County, I believe, has twice the
population of Collier County. If I'm not mistaken, they take a break
for their staff. Most communities do that. And it's for the staff.
It's not for the individual commissioners.
CHAIRMAN McDANIEL: Gotcha. Okay.
Commissioner LoCastro, and then Commissioner Solis.
COMMISSIONER LoCASTRO: I think we always have the
ability that if we perceive or an issue turns into it being contentious,
we have the ability to make a decision from here to say, you know
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what, this is an issue that maybe isn't a perfect vote for today. I
mean, we do it all the time whether there's a lot of people here or not,
so I'll just make that statement.
The second thing I would say is, every citizen matters, so I will
tell you the citizens that I talk to, say, wow, a lot of those people that
aren't here aren't -- and I'm not saying they weren't voters. I
represent citizens whether they vote or not. We all do, so I'm not
speaking for anything. And I can tell you, I don't look at this as a
political issue. I'm not trying to paint anyone in the corner.
I will say that I hope in the four years that I sit here I never say
I'm voting for something, but I don't agree with it. If I don't agree
with it, then I won't vote for it. But I understand your position. I
just don't agree with that.
But I think less people being here, I think there's enough
business to do, that we're smart enough to delay votes that require
more people to be here that aren't here but in the summer, you
have -- you know, it's not like every single person leaves. I mean,
we still have a population here of citizens who count as well, and I
think, you know, we're not talking about taking an eight-month break.
So I think sliding a contentious decision or something that we didn't
think was contentious but it's obvious that it is saying, you know, I'd
like to make the motion to delay it, you know, a week, a month, or
whatever, because there's more public comment is something we do
all the time.
I don't think this is political. I think this is business. I think it's
common sense. I agree with Commissioner McDaniel that maybe 20
years ago you could take a break. We're not canceling vacations.
People can still plan those type of things. But I think there's no
substitute for us sitting here in person. And if in the summer we
think we have an agenda that has nothing to it, we always have the
right to say, you know, we're going to -- we're not going to have a
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commissioner meeting on the third, you know, Monday or Tuesday
or what have you. You know, we have some flexibility. But I think
there's plenty to do, and we can pick and choose. And they might be
short meetings, but I think, you know, we're operating the way the
real world operates outside of this building, and we should start
acting like it.
CHAIRMAN McDANIEL: Commissioner Solis, did you
unlight, or are you contemplating?
COMMISSIONER SOLIS: I'm contemplating Commissioner
LoCastro's last comment and whether or not I should even respond to
that, because it implies that we haven't been somehow doing our job.
(Simultaneous crosstalk.)
COMMISSIONER SOLIS: You know, I think -- I think we
need to think about that. And I would just ask Commissioner
Saunders that if you think it's the wrong decision, then I would hope
that you wouldn't vote for this.
This has been the most frequent outcry from the public as long
as I've been a commissioner and before I've been a commissioner,
and to not listen to that and then to make it worse and somehow come
up with we'll hear this or not this on the fly is going to lead down a
road of disarray that we haven't had. I don't -- I haven't heard from
anyone on a land zoning issue or anything, really, that we have such a
backlog that we need to start doing this.
So I'm not sure where this is coming from. But if we're going
to do this, then, you know, I would say then we should meet twice in
November and twice in December because if we're going -- if we're
going to be big boys and we're going to work all year long, then we
should work all year long, not, you know, pick and choose. We've
had this schedule for as long as I've been in Collier County, and I just
don't -- I don't understand why we're going to do something that
nobody has asked me to ever do.
March 9, 2021
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CHAIRMAN McDANIEL: Commissioner Taylor.
COMMISSIONER TAYLOR: Thank you.
And I will direct my comments to Commissioner Saunders.
And, Commissioner Saunders, I respect your opinion and your
unwillingness to support the motion, but you are supporting the
motion because of your concerns of how it paints you if you say no.
But, frankly, sir, I disagree with that observation. And I respect the
fact that that's your observation.
I believe that the people -- it's not being on TV that shows that
we're working. It's what we do. It's the one-on-one with our
citizens, and we can be one on one with our citizens 365 days a year,
and those are the people that know that.
So I would respectfully ask you to reconsider your decision. I
think it's a wrong decision. It's a wrong motion. It's the wrong way
to proceed. I think it's patently unfair to our staff. I think it sets a
precedent that I'm not sure why we're even setting this. And I think
that we work and people know we work and, frankly, those who don't
work will not get voted in again. So I would ask you, respectfully,
reconsider your comments. And thank you.
CHAIRMAN McDANIEL: And last, but not least,
Commissioner Saunders.
COMMISSIONER SAUNDERS: Thank you.
This is just kind of a statement. Any of those meeting in the
summertime, I will not participate in a zoning issue of any kind.
Whether it's on the consent agenda or not, my vote will always be a
no if anything comes up on a zoning issue in the summertime. Now,
that's probably something that County Attorney would not agree to,
but that's a message to staff nothing dealing with zoning is going to
get a four -- is going to have five commissioners participating,
because I will not be one of them.
I agree with everything that's been said. Commissioner Solis, I
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agree with you that we do need to have more meetings -- if we're
going to have more meetings, we need them in the wintertime, and so
I support the idea of two meetings in November and in December. I
just don't want the headline to show tomorrow that this commission is
not doing the work of the people because of some personal reasons or
because of some vacation issues.
Commissioner McDaniel has brought this up four times. He
knows what our position has been. I'm going to support it even
though I don't think it's the right thing to do.
CHAIRMAN McDANIEL: And just as a comment. Maybe
your -- and I know we all represent different groups. I have been
asked this and talked to about this since before I became a
commissioner, just as you know. I'm not just doing this for fun. I
truly believe that -- and I've said it before. I truly believe that we're
a population of 370,000 people, and those folks deserve to have an
audience of such. So, again, we're -- this isn't -- this isn't new news,
and it's not political by any -- though you've represented that, it's not.
To me, it's practical. So with that --
COMMISSIONER SAUNDERS: I'm not particularly
convinced of that, but that's okay.
CHAIRMAN McDANIEL: Fine. Okay.
Commissioner Solis.
COMMISSIONER SOLIS: Well, I would like then if
we're -- if we're going to, you know, grow up and work all year, then
I would suggest -- I would request the motion maker to amend his
motion to make sure that we have meetings both in November and
December.
CHAIRMAN McDANIEL: I'd be okay with that.
COMMISSIONER SOLIS: And I also will not be attending
meetings in the summer and maybe not December.
CHAIRMAN McDANIEL: That's your prerogative. I actually
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stipulated it in here that if someone had a conflict, that they could
attend virtually. So I think per the Governor's order, we need to
have a quorum of three in the room in order to have a meeting, so...
COMMISSIONER TAYLOR: With all due respect -- and I
will jump in here. I will not attend any meetings in the summer that
haven't been scheduled before. Thank you.
CHAIRMAN McDANIEL: Commissioner LoCastro.
COMMISSIONER LoCASTRO: I don't think this is about
being on TV. I think we decide the business of the county here.
And just look at the consent and summary judgment. There's
actually no comment. These are common-sense things that have
been put in the consent and summary agenda that don't have a lot
of -- that don't have any kind of controversy or anything. It's
moving -- it's moving forward the business of the county.
So I would argue that I think the summer meetings and the
Christmas meetings and what have you are going to be -- you know,
might not be our longest ones -- they won't be 13-hour sessions, but
I -- you know, in the short time I've been here, there's been plenty of
business that we've moved forward for the good of the people that
hasn't been zoning, that hasn't been a giant construction project.
And also, too, people can also call in.
So if it sounds like two or three of our commissioners are going
to call in via Zoom, if there's somebody that, you know, is in
Wisconsin and wants to call in, I mean, we just had Ms. Tuff call in
and give her opinion. So I mean, I think the electronics of the day
allow for it. But if we're all going on record, I'll be here anytime a
meeting is called, you know, whether it's inconvenient for me or not.
And if, you know, the staff is getting bogged down then, you know,
maybe like all five of our county manager candidates said, we need to
assess the staff. And I'm not saying they aren't hard workers or
whatnot, but this is a tough job, and that's why not everyone can do it,
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whether you're somewhere buried on the staff or you're sitting up
here representing, you know, the thousands of people that support us.
So it's not supposed to be, you know, an easy job, and I think
whether you call in or you sit here in person is one and the same. So
I welcome anything. But I think we -- there's plenty we can do to
move forward the business, and, you know, that's why I second the
motion strongly.
CHAIRMAN McDANIEL: We do have public comment.
MR. MILLER: Yes, sir. One registered speaker. Rae Ann
Burton.
COMMISSIONER SAUNDERS: Mr. Chair, while she's
coming to the microphone, the motion was not amended to reflect
Commissioner Solis' suggestion. So at the end of this motion, if
Commissioner Solis will make that motion, I'll second it.
CHAIRMAN McDANIEL: Or I'll amend it, if you want me to.
COMMISSIONER SAUNDERS: That's fine. It just hadn't
been done yet.
MS. BURTON: Commissioners, good day. My name is Rae
Ann Burton, Rural Golden Gate Estates concerned homeowners,
retired senior and Republican Precinct 159 Committee Woman
speaking out for my neighbors who are unable to come due to work
responsibilities.
Item 10A, request to continue through summer break, pandemic
given as reasons, states, difficulty to attain quorum. It's now hybrid,
so quorum is attainable, which is stated commissioners that have
prior commitments can attend remote. This is already done today.
Summer break will adhere to the public needs as time to review
the projects of dense communities and to proposed villages and
combining of villages to form a town, Rivergrass, Longwater,
Bellmar, which gives the developer the pulled Rural Lands West
without town costs, infrastructure, and restrictions.
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States in the best interest of Collier County residents. It is not.
The voices of the residents and homeowners that are gone during the
summer, their comments and tax concerns will not be heard.
This is a ploy to push -- to rush projects through without a
public quorum for comments. The reasons are not valid, as the
backlog is created by rushing through projects without proper
information given to the public. In fact, there should be a building
moratorium because of the concerns of the residents.
Growth should be smart, not built in or near sensitive wildlife
habitat. Building corridors, swapping land will not help the animals
that are used to certain areas -- territories.
It states, no physical impact on county, but it will have a
physical impact on the taxpayers as projects proposed will cause the
taxpayers more due to developer's changes. These projects and costs
need to have time and proper process for the public to review.
The statement of growth impact as being none is also wrong.
Growth of these dense communities combining villages to form
towns where a town was planned but developed pulled because of
high cost of infrastructure and restrictions, gives the developer their
town creating the overage cost of a burden to the taxpayer.
Do not vote to adjust current schedule to continue through
summer. It is a disservice to the college [sic] county residents who
will bear the burden of these costs not covered by these developers'
projects in taxes.
We, the people of Collier County, voted for the members of this
board to protect the environment, the wildlife, and we, the taxpayers,
bought the land to live on, not make a profit.
Vote no. If not, the majority yes vote should be four, not three.
This is too important for the residents to pass on three votes.
CHAIRMAN McDANIEL: Was that our last --
MR. MILLER: That was our only registered comment on that
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item, sir.
CHAIRMAN McDANIEL: Okay. Commissioner LoCastro.
COMMISSIONER LoCASTRO: Ma'am, I fully agree with you
but I think also, too, that's why you have five commissioners up here
that I would hope we would all be smart enough that when something
came up to the agenda we would say this isn't something for the
summer but when something came up to the agenda to pay -- in the
agenda while people were on vacation to pay contracts, move
projects forward, and, you know, road repair and things like
that -- plenty of things that we vote on that aren't $500 million
Rivergrass projects.
So I would say the people who are on vacation, you know,
should still chime in and see that we're not stupid and that naive to
move forward those projects that need public forum. But there's
plenty of business of this county every single day and, like I said, it's
all in the consent and summary agenda and lots of other places,
where, you know, there aren't a thousand people in here either for or
against, and I think we need to be astute enough to pick that business.
And if there's commissioners up here that don't agree with taking a
break in the summer but this does get approved, then their voices
should be very strong when something comes up for vote saying, this
isn't in the best of the citizens, and I would hope to hear from them,
and I would hope we would all agree.
I don't think -- you know, I'm certainly not voting on no summer
vacation to push anything through. I'm voting on it because I just
think that when you have a $2 billion budget and a county this busy,
we need a staff that can work from start to finish in the year like
everybody else does. I don't think NCH closes for two months so
everybody can catch up.
But I agree with you 100 percent, and that's why -- I agree in
principle to what Commissioner Saunders and Commissioner Solis
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said is that I won't ever make a blanket statement "I'll never vote for
something," but I would hope that we would all sit up here when a
Rivergrass vote came up and we would say, okay, this isn't one for
this agenda. And we would do it even before the meeting. We have
a chance to look at the agenda and say, I want to make a motion to
slide something to a future meeting.
So I couldn't agree with you more, but I don't think voting
against us, you know, continuing the business and moving things
forward that are no-brainers to keep business and improvement
moving is what we're talking about here, so...
MS. BURTON: May I respond to that?
COMMISSIONER LoCASTRO: If the Chairman says you
could. I mean, I'd love to hear your response because I think we're
paddling in the same direction, ma'am.
CHAIRMAN McDANIEL: We're entering into a debate with
public speaking, and that's not traditionally what we do.
COMMISSIONER LoCASTRO: All right, sir. I'm done.
That's my comment, but I thank you for yours, ma'am.
CHAIRMAN McDANIEL: Do you want to --
COMMISSIONER SAUNDERS: I'll call the question.
CHAIRMAN McDANIEL: Well, Commissioner Solis is --
COMMISSIONER SAUNDERS: I'm sorry.
COMMISSIONER SOLIS: I've got just one more comment.
You know, the idea that we have a process where there are
applications made, and the process moves forward, and then we can
start our -- we start arbitrarily deciding, you know, we're going to
push this one, we're not going to push that one. In my opinion, this
is the way the process just unravels, and I think it will present due
process issues for landowners. It's going to create public-input
issues for -- for the public when -- if there's not enough votes to push
an item, it will be heard in the summer. You know, this is -- this is
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the way processes unravel and become unmanageable.
This is -- this is a big-picture issue. This is not, you know,
whether or not we should work harder, because we're all working
very hard at this job.
This is a process issue, and we are on the brink of creating a
process that has very few rules, and that's one thing that I think this
county has been known for, and we've struggled for the last at least
two decades that I'm aware of to make sure that we have a process
that people can rely upon.
And to do this this way, we're going to take a huge step back to
the time where nobody wanted to build or do anything here because
the process was unknowable. I mean, it was so out of -- out
of -- you know, there was no way to estimate how long it would take
you to get a permit to do anything, which I think we can all recognize
at one point -- and maybe it was 30 years ago, at least when I came to
town.
So I just -- I just -- I really want to warn everybody that this
is -- this is the way a process, in my opinion, goes wrong.
CHAIRMAN McDANIEL: I'm -- you know, I want you to
hear from me. There is no malice with this. There is no politics
with this. This is what I've been asked to do. This is what I
believe -- I think our government should be doing, and that's
answering to the people. There is no malice behind the -- behind the
suggestion of trying to do some nefarious vote on a zoning ordinance
to push things through without public input. I have no intention of
that.
I just believe that -- just because we've done things the same
way for 30 years doesn't mean we should continue to do so without
trying to make an adjustment. I believe that we have a -- we have a
community that's of 370,000 residents, and they deserve to be able to
have a voice. That's the premise behind it.
March 9, 2021
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So, again, the accusation of nefarious circumstances and
activities are zero warrant, zero warrant, so...
I don't mind, if you wish, to amend it to add in the December
meeting, though I think that's a little push on the Christmas holiday,
but I don't mind it.
COMMISSIONER SAUNDERS: Could we do this as two
separate votes, we have a motion and second? We could just move
forward with the motion and then have him entertain his motion.
CHAIRMAN McDANIEL: That would be fine. It's been
moved and --
COMMISSIONER SOLIS: Go ahead.
CHAIRMAN McDANIEL: Before we vote, let me ask you
this: I mean, is there -- is there any form of compromise that would
give warrant to continuing this item to our next meeting? I don't
have to do this today. I actually wanted to do it two weeks ago, and
it missed the loop. Is there any amount of discussion or compromise
that would make you folks feel better about trying something
different, or is it just no?
Commissioner Saunders?
COMMISSIONER SAUNDERS: I just want to call for the
question, Mr. Chairman.
CHAIRMAN McDANIEL: Okay.
COMMISSIONER SAUNDERS: We've been talking about
this for an hour.
CHAIRMAN McDANIEL: Yeah, we have.
All right. It's been moved and seconded that we adjust the
Board's schedule and work throughout the year adding the meeting in
November as well as proposed --
COMMISSIONER TAYLOR: With all due respect, with all
due respect, I don't mean to be ignored, but I am being ignored.
CHAIRMAN McDANIEL: You weren't lit up, by the way.
March 9, 2021
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Just so you know, I wasn't ignoring you on purpose.
COMMISSIONER TAYLOR: I raised my hand.
CHAIRMAN McDANIEL: Blame Troy.
MR. MILLER: That was on me.
COMMISSIONER TAYLOR: Just briefly because of time, the
process that Commissioner Solis speaks of is critical, is a critical
underpinning of our government. I cannot express that in stronger
terms. The process by doing this and by five or two or one or a
chairman deciding what is relevant in the summer and not relevant in
the summer defiles that process.
The presumption that the staff doesn't work during the summer
is a presumption of someone who doesn't understand how
government works, and government is not business, or it would be
called business. Government is government.
Thank you.
CHAIRMAN McDANIEL: Thank you. Do you want to call
the question again?
COMMISSIONER SAUNDERS: Yeah.
CHAIRMAN McDANIEL: It's been moved and seconded that
we amend the Board's schedule as per the proposed executive
summary. All in favor?
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN McDANIEL: Aye.
Opposed?
COMMISSIONER SOLIS: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER TAYLOR: Opposed.
CHAIRMAN McDANIEL: It fails 3-2.
COMMISSIONER SAUNDERS: Now, Commissioner Solis, if
you'll make a motion dealing with November and December, I'll
support you on that, where we expand our meeting schedule.
March 9, 2021
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COMMISSIONER SOLIS: To include -- well, we -- that
motion just failed.
CHAIRMAN McDANIEL: Correct.
COMMISSIONER TAYLOR: So now we're going to expand
it?
COMMISSIONER SAUNDERS: You talked about having two
meetings in November and two meetings in December. Now,
December gets a little complicated because Christmas -- that
Christmas week may be the fourth Tuesday, but we could have a
meeting the first and second Tuesdays of December. And the
second and fourth Tuesdays in November, and we'd have a full slate
of meetings during those two months, so --
CHAIRMAN McDANIEL: Rather than making a motion, I
mean -- you can if you wish; we can do anything we want. But, you
know, maybe we can bring back another agenda item in two weeks
and have a discussion about making some adjustments during the
wintertime. Maybe an alternative is working every week for three
months, January, February, and March, to add in the schedule to
accommodate the residents that are here during the wintertime, if
that's the move.
COMMISSIONER SAUNDERS: Mr. Chairman, we've talked
about this for an hour now. I think we all understand everything
that -- all the issues that are associated with this. Commissioner
Solis had made a reasonable suggestion. If he wants to continue
with that, I'll support that.
CHAIRMAN McDANIEL: Okay.
COMMISSIONER SAUNDERS: Whether it comes back or
not, that's another story, but --
COMMISSIONER SOLIS: Yeah. I mean, I was -- I was
going to -- I was going all in if we were going to go all in on this. I
mean, I don't want to expand this any -- I mean, November we have
March 9, 2021
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Thanksgiving. December we have Christmas. You know, I think
we either have a schedule that we've had that's worked for I don't
know how long -- you know, 100 years, or if we're going to work
every single -- every other week for the, you know, 12 months, then I
was in favor of doing that. But I think the process we have right
now works as well as it can, and just because it ain't broke, don't fix
it, you know. There's that one, too.
CHAIRMAN McDANIEL: It is. So we'll let that go.
Let's go on to your next item. You're correct. We worked on
that one enough.
Item #10B
RESOLUTION 2021-58: APPOINTING THE INITIAL
MEMBERSHIP OF THE COUNTY GOVERNMENT
PRODUCTIVITY COMMITTEE – MOTION TO EXPAND THE
COMMITTEE FROM NINE (9) MEMBERS TO ELEVEN (11)
AND APPOINTING HAROLD MILLER (DISTRICT 1);
MICHAEL DALBY (DISTRICT 2); RONALD KEZESKE
(DISTRICT 3); LARRY MAGEL (DISTRICT 4); JEFFREY CURL
(DISTRICT 5) WITH GERALD GODSHAW, MICHAEL LYSTER,
PETER HUFF, JAMES BENNETT, ED STAROS AND DENISE
MURPHY AS AT LARGE MEMBERS – ADOPTED
MR. OCHS: Item 10B is a recommendation to appoint the
initial membership of the Collier -- excuse me, the County
Government Productivity Committee.
Commissioners, Mr. Klatzkow has placed on the visualizer the
applicants that have been received to date for the nine vacancies on
the Productivity Committee. Two of those are late arrivals, as you
can see. Jeff.
March 9, 2021
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MR. KLATZKOW: Yes. And the way this works is each of
you get to nominate somebody for your district seat, and then we
have four at-larges.
CHAIRMAN McDANIEL: Commissioner -- Commissioner
Saunders.
COMMISSIONER SAUNDERS: I had spoken with Mr. Ed
Staros, and I think we all know who Mr. Staros is. He was the
general manager at the Ritz-Carlton but has been in the Marriott and
Ritz-Carlton hotel chain for many, many years, has gotten
international accolades for the work that he's done. He's retired and
has asked if he could be on this committee, and I had said that I
would support him.
He understood that to be that he would be on the committee
because I would be supporting him. He didn't understand that there
had to be an application. I spoke to him this morning and said, Ed,
do you still want to be on this? And he said, absolutely, what did I
do wrong? And I said, well, you didn't apply.
He -- subsequently, I've gotten his resumé. But I would want
him to be on this committee. I think he would be a tremendous
asset. So somehow or another I want to make sure that we're able to
either delay this or leave a position open for him to apply, or perhaps
we can just appoint him. I'm not sure --
MR. KLATZKOW: You can do anything you want. It's your
committee.
COMMISSIONER SAUNDERS: Well, that's the only -- you
know, there are two people that I would like to see on this: Larry
Magel and Ed Staros. Both of them will bring a tremendous amount
of expertise to this committee.
MR. KLATZKOW: But if I may, it is a bifurcation on the
committee between district seats, and you may want to handle that
first. That will get rid of five, and then you'll have four at-large that
March 9, 2021
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you can --
COMMISSIONER SAUNDERS: Oh, okay.
CHAIRMAN McDANIEL: Let's go through each
commissioner -- unless, Commissioner Taylor, you have a comment
to make. I was going to go through and each one of us nominate a
person. That takes care of those five. And then we can arm wrestle
over at-large members.
COMMISSIONER SOLIS: Can I ask a quick question on
Mr. Staros? Just because it makes a difference on -- is -- I thought
he was in District 2.
COMMISSIONER SAUNDERS: I believe he is, and Larry
Magel, from this chart, is in District 4. So neither one of them are in
my district. But I would really urge that we appoint those two
because I think they'll be a tremendous asset to us.
CHAIRMAN McDANIEL: Well, let's go through by district
and appoint the commissioners of the district, and we'll start with
District No. 1, Commissioner LoCastro.
COMMISSIONER LoCASTRO: Well, unless I'm mistaken,
we just have the one applicant, Harold Miller.
CHAIRMAN McDANIEL: Yes. Are you okay with him?
COMMISSIONER LoCASTRO: I am.
CHAIRMAN McDANIEL: Okay. And then we're going to do
these in aggregate. I think, probably -- let's do -- let's do the
individual commissioner appointees first and then -- and then do the
at-large ones, if that's okay.
Commissioner Solis.
COMMISSIONER SOLIS: I would like this -- you know, I
wasn't aware that Mr. Staros wanted to be on this committee. I've
got one, two, three, four, five applicants from District 2 already, now
six.
CHAIRMAN McDANIEL: Right.
March 9, 2021
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COMMISSIONER SOLIS: Plus we've got two applications
that came in also late, right? One -- two for District 5?
CHAIRMAN McDANIEL: One for District 5, one for District
4.
COMMISSIONER SOLIS: One for District 5 and one for
District 4. I mean, do we have to do this today? Because I
would -- wow, if I'd have known that, I think I would have made
some calls and figure out who really wants to be on the committee
and why. You know, we've got -- from District 2, I mean, just to go
through the list, we've got Michael Dalby from the Chamber, a great
asset to have on the committee; Jerry Godshaw, also from District 2,
phenomenal person to have on a Productivity Committee with his
background; and Mike Lyster; and now Ed Staros. I would like to
roll this over to the next -- to the next meeting if it's not going to
present an issue.
CHAIRMAN McDANIEL: When is the first -- the next
scheduled productivity -- because we're already into March, and
we've been -- we've been moving through appointing, expanding the
bounds of the committee, and membership of the committee. That's
been going on since last year. When is the --
MR. KLATZKOW: You dissolved -- I believe you dissolved
the existing committee, so this is a new committee. So there's
nothing scheduled.
CHAIRMAN McDANIEL: Nothing scheduled.
MR. KLATZKOW: You create the committee, then they'll
meet.
CHAIRMAN McDANIEL: Okay.
COMMISSIONER SOLIS: It's just -- it's quite a list.
CHAIRMAN McDANIEL: Right. And, you know, there
again, I mean --
COMMISSIONER SOLIS: Wow.
March 9, 2021
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CHAIRMAN McDANIEL: So you don't want to appoint
anybody, I mean, particularly, or you would rather we just continue
this for two weeks and then come back?
COMMISSIONER SOLIS: I would rather do that. This has
got me unawares of Ed Staros' interest. Who -- you know, and I
can't tell you off the top of my head who the District 2 person was.
CHAIRMAN McDANIEL: Michael Dalby and Mike Lyster.
COMMISSIONER SOLIS: Right. But one was the district
appointee and one was an at-large, right?
CHAIRMAN McDANIEL: That's really irrelevant. That
committee's no longer, so...
COMMISSIONER SOLIS: Well, right, but it makes a
difference to me because that was the way it was before, and -- yeah,
I'd --
CHAIRMAN McDANIEL: Well, certainly, Mr. Staros'
addition at the nth hour is new news for all of us, and I don't really
have a particular need to have to -- have to have this done today. I
think we could -- certainly, we can continue it if you're in the mood.
Commissioner Taylor.
COMMISSIONER TAYLOR: Well, just to add to the mix of
District 2 candidates, Peter Huff actually was on an advisory
committee to the mayor of the town that they lived with, and they
dealt with everything from water/sewer costs and pipe laying to
emergency management to everything that a government runs into.
He's intimately aware of government and how it works. So I'll just
add that to your list, Commissioner Solis, for your consideration. He
has a brilliant and decisive -- he has a brilliant and decisive mind in
these areas, so good luck.
MR. KLATZKOW: You could always expand the committee if
you want to.
CHAIRMAN McDANIEL: Yeah. I was going to say, why
March 9, 2021
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don't we take the membership to 11 -- and that's a potential as well
and that, then, eliminates the discourse. Denise Murphy and Jeff
Curl, even though they're -- I was going to nominate Jeff Curl for
District 5, and Denise is certainly more than -- certainly more
than -- everybody on this list is -- there, again, look at the list of
qualifications here.
COMMISSIONER TAYLOR: But I think we could
maybe -- maybe we could go through with this, at least appoint from
our districts, because I like Commissioner Saunders' recommendation
of Mr. Magel. He's been there. He knows what he's doing. He's
an asset.
CHAIRMAN McDANIEL: Absolutely. I concur with you on
that one as well.
COMMISSIONER SOLIS: If the Board will agree to -- and I
think that's a great idea -- just expand it to 11, I would appoint
Michael Dalby, who was originally the District 2, you know,
appointee, and we accept the rest of them or whoever, you know,
each one of the other commissioners appoints, and we have a great
committee.
COMMISSIONER SAUNDERS: The committee's going to be
breaking up into subcommittees and having 11 on there would be
fine.
COMMISSIONER SOLIS: Oh.
CHAIRMAN McDANIEL: And you're okay with Kezeske for
District 3 as your appointee?
COMMISSIONER SAUNDERS: Yeah.
CHAIRMAN McDANIEL: And then, Commissioner Taylor,
you want Larry as your District 4?
COMMISSIONER TAYLOR: Yes.
CHAIRMAN McDANIEL: And then Jeff Curl will be my
District 5, and the balance of the members, including Ed Staros, will
March 9, 2021
Page 139
be at-large.
COMMISSIONER SOLIS: Perfect.
MR. KLATZKOW: And I'll come back with an ordinance
amendment to expand the at-large, and you can --
COMMISSIONER TAYLOR: Congratulations. That's
wonderful.
MR. KLATZKOW: -- start the Productivity Committee any
time you want.
CHAIRMAN McDANIEL: Okay. Schedule a meeting,
County Manager.
MR. OCHS: Yes, sir.
CHAIRMAN McDANIEL: Please. As soon as possible.
MR. MILLER: Mr. Chair, not to snatch defeat from the jaws of
victory...
CHAIRMAN McDANIEL: Oh, there is public comment.
MR. MILLER: Yes, sir. Rae Ann Burton.
CHAIRMAN McDANIEL: She sat here all day.
MS. BURTON: I've been here all day.
Well, I won't give my name; you already know it. Item 10B. I
came here to talk because there was no District 5 representative. I've
very glad to see that there is because Golden Gate Estates is one of
the largest districts, and we keep losing our representatives, and we
need them. And I want to thank you that we do have one. Though,
I still disagree with the first one.
CHAIRMAN McDANIEL: Forgive me for laughing.
MR. MILLER: Mr. Chairman, I do have one other registered
speaker. I'm told he left, but I don't know. Peter Huff. Peter Huff.
I was told he had to leave at the lunch hour, but I wanted to call his
name.
And that's the final speaker, Mr. Chair.
CHAIRMAN McDANIEL: Okay. It's been moved and
March 9, 2021
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seconded, I think, somebody -- did anybody move to do that, or did
we just do that?
COMMISSIONER SAUNDERS: I'll make that motion,
whatever the motion's supposed to be at this point.
CHAIRMAN McDANIEL: It was moved and seconded that
we expand the committee from nine to 11 and appoint the five from
each commission and the balance at-large.
COMMISSIONER SOLIS: Great outcome.
CHAIRMAN McDANIEL: Second?
COMMISSIONER SOLIS: Second.
CHAIRMAN McDANIEL: It's been moved and seconded that
that's what we do. Any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN McDANIEL: Opposed, same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
So we're going to take a break until 2:55.
(A brief recess was had from 2:41 p.m. to 2:55 p.m.)
Item #11A
AWARD OF INVITATION TO BID NO. 21-7848, “GOLDEN
GATE WASTEWATER TREATMENT PLANT HIGH LEVEL
DISINFECTION IMPROVEMENTS,” TO FLORIDA DESIGN
CONTRACTORS, INC., IN THE AMOUNT OF $2,671,000,
March 9, 2021
Page 141
AUTHORIZE THE CHAIR TO SIGN THE CONSTRUCTION
SERVICES AGREEMENT AND APPROVE THE NECESSARY
BUDGET AMENDMENT – APPROVED
MR. OCHS: Mr. Chairman, we're on Item 11A. Would you
like to proceed, sir?
CHAIRMAN McDANIEL: Yes, that sounds like a fine way for
us to go.
MR. OCHS: This item is a recommendation to award a
contract to Golden Gate wastewater treatment plant -- excuse
me -- for the Golden Gate wastewater treatment plant high-level
disinfection improvements to the Florida Design Contractors,
Incorporated, in the amount of $2,671,000, authorize the Chairman to
sign the attached construction agreement, and approve necessary
budget amendments.
Mr. Chmelik can make the presentation or respond to questions
from the Board.
I believe this is the lowest responsive bidder for this project,
Tom?
MR. CHMELIK: Yes, it is.
CHAIRMAN McDANIEL: Do you want a presentation?
COMMISSIONER SOLIS: I'll make a motion to approve.
MR. OCHS: Do we have speakers, Mr. Miller?
COMMISSIONER SOLIS: Oh, do we have speakers?
MR. MILLER: Yes, I do have one registered speaker, sir.
COMMISSIONER SAUNDERS: I'll second the motion, while
the speaker's coming up.
CHAIRMAN McDANIEL: Okay. It's been moved and
seconded. We'll go to our public speakers.
MR. MILLER: Candido Santiago Mato. I hope I'm
pronouncing the last name correctly. Candido Santiago Mato?
March 9, 2021
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(No response.)
MR. MILLER: I received this first thing this morning, so -- I
don't believe there's anyone left on the fifth floor. Candido Santiago
Mato?
(No response.)
MR. MILLER: Mr. Chair, I don't believe they're present.
CHAIRMAN McDANIEL: All right. If there's no other
discussion, then we'll go -- there's been a motion and a second for
approval. All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN McDANIEL: Opposed, same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
MR. OCHS: Thank you, Commissioners.
Item #11B
AN AGREEMENT FOR SALE AND PURCHASE TO ACQUIRE
1,046.19 +/- ACRES LOCATED ON THE SOUTHEAST CORNER
OF THE INTERSECTION OF OIL WELL ROAD (SR 858) AND
CAMP KEAIS ROAD OWNED BY BARRON COLLIER
PARTNERSHIP, LLLP AND AUTHORIZE NECESSARY
BUDGET AMENDMENTS. THE TOTAL COST FOR THIS
TRANSACTION IS $13,634,670 – APPROVED
W/STIPULATIONS
MR. OCHS: We move to Item 11B. This is a
March 9, 2021
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recommendation to approve an agreement for sale and purchase to
acquire 1,046 plus-or-minus acres located on the southeast corner of
the intersection of Oil Well Road and Camp Keais Road owned by
Barron Collier Partnership, LLP, authorize the necessary budget
amendments. The total cost for this transaction is $13,634,670.
Mr. Roosevelt Leonard from your Real Property Management
Division will make the presentation.
Mr. Leonard.
MR. LEONARD: I thank you, County Manager, and good
afternoon, Commissioners. Roosevelt Leonard, senior real estate
appraiser. I have a short Power presentation.
And this is a location map. It shows you where the subject
property is. It's located east of the Camp Keais Road, and it's
approximately 11-and-a-half miles east of the Orangetree PUD.
This right here is a surrounding communities map. It shows
you where the subject property is located in red. Some of the nearby
communities, Ave Maria, the proposed Rivergrass communities,
Hyde Park and, again, the Orangetree location.
This is an aerial map of the subject property. There's a road
that you will see. It is the road called Rock Springs. The Rock
Springs road will be relocated to the east boundary property line.
This is a conceptual map. Again, it's conceptual, but it will
show a few of the proposed facilities such as government, workforce
housing, the debris management, which is a very critical component,
and areas for future redevelopment.
Right now the property is zoned agricultural with a mobile home
overlay, and it's located in the Rural Lands Stewardship Area.
The recommendations: To approve the -- recommendations:
To approve the attached agreement for the sale and purchase,
authorize the Chairman to execute the agreement with any additional
closing documents, and accept the special warranty deed, once
March 9, 2021
Page 144
approved by the County Attorney's Office; authorize staff to prepare
the related vouchers, backup warrants for payment; authorize the
necessary budget amendment for the amount of money, $13,634,670;
and, finally, direct the County Manager and his designee to proceed
to acquire the property and follow all appropriate closing procedures
to acquire, obtain, and clear title to the property, and to record any
and all necessary documents once approved by the County Attorney's
Office.
We have Davidson Engineering here to answer any additional
questions that you might have.
CHAIRMAN McDANIEL: Thank you very much. Is there
any questions for Mr. Roosevelt? Commissioner Saunders.
COMMISSIONER SAUNDERS: Actually, I have a -- I do
have a question for you before I go to the County Attorney.
In this 1,000 acres, how much of this would be considered
uplands and how much of it is wetlands that would not be
developable? Do you have kind of those numbers?
MR. LEONARD: I do have 107 acres in the stewardship area,
and if Davidson Engineering here would come up and --
CHAIRMAN McDANIEL: Do we -- County Manager, do you
have those maps we were looking at yesterday that showed -- that
delineates the different parcel's size, environmentally sensitive, and
so forth?
COMMISSIONER SAUNDERS: And just approximately.
CHAIRMAN McDANIEL: Close to 400 acres that were set
aside.
MR. OCHS: Is this the one you're referring to, sir?
CHAIRMAN McDANIEL: Yes, sir.
MR. OCHS: So those areas --
COMMISSIONER SAUNDERS: So the green areas are the
preserves?
March 9, 2021
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MR. LEONARD: That's correct.
COMMISSIONER SAUNDERS: And what would be the
approximate acreage of those preserves? Just the approximate. I'm
not looking for any -- is it 40 percent of the property?
MR. LEONARD: Yeah, the preserves would probably be about
40 percent.
COMMISSIONER SAUNDERS: All right. The reason I ask
that -- and this is a question -- I have a question for the County
Attorney. Part of this is an understanding that at some point the
Collier Fair would purchase property there, I think 100 acres, if I'm
not mistaken.
And so two questions: One is, are we able to sell land to any
entity, any private entity like Collier Fair without doing a competitive
process under Florida law, No. 1? And then, No. 2, the letter from
the Collier Fair folks indicates, and I'll quote, it is our understanding
that we would purchase the property at the county cost per acre from
the county subject to the terms and conditions and not subject to
lease.
So if we're paying X dollars per acre but about 40 percent of that
is preserve, which is not -- it can't be developed, the upland portion is
actually more valuable than the portion that can't be developed. So
I'm a little -- a little concerned that we would sell the land at the price
per acre for the whole thousand-acre tract when the upland might be
more valuable. So those questions. Can we even do that without
competitive --
MR. KLATZKOW: The county is currently encumbered with,
at best, a god-awful lease with the fairgrounds where it currently is.
I mean, I'm sure at the time it was made it was in an area nobody
thought would ever get developed, and it is just a terrible, terrible
lease for the county.
That area around the fairgrounds has now developed with
March 9, 2021
Page 146
residential property. There is significant friction between the
neighbors and the fairgrounds. So that as part of a negotiation with
the fairgrounds, we would be extinguishing that lease with them in
partial consideration for the purchase of this.
So normally I would concur with your concerns as to having put
it out for bid. I would concur with your concerns about the price per
acre. But I think when you leverage that against trying to put an end
to the issue we currently have with the fairgrounds, I think we can do
whatever the Board deems best.
COMMISSIONER SAUNDERS: All right. Thank you.
CHAIRMAN McDANIEL: Commissioner Taylor -- are you
good with that?
COMMISSIONER SAUNDERS: Yes.
COMMISSIONER TAYLOR: Yeah, no comments. I
think -- and I think -- sir, I think it is 200 acres that they're
considering purchasing, as I remember reading, but I may be
incorrect.
CHAIRMAN McDANIEL: No, it was 1-. The original intent,
Commissioner Taylor, was, ultimately -- and we're still talking with
the folks at the Swamp Buggy. We have an MOU from the
fairgrounds that they each end up owning 100 acres or so contiguous,
shared parking, cross-access agreements, retention, detention, and the
like. So that was part of the discussions that were going on. The
fair board was able to move forward with the MOU that describes
that, and they further stipulated in their letter that, you know, they
would -- they want -- they just want to make sure and make it very
clear they're not leaving the lease circumstances that they currently
have without an ownership position.
COMMISSIONER TAYLOR: Thank you.
CHAIRMAN McDANIEL: Yes, ma'am. Okay. Any other
comments, questions?
March 9, 2021
Page 147
(No response.)
MR. OCHS: I think we do have some speakers on this.
CHAIRMAN McDANIEL: Yes, we do. Public comment.
Let's go.
MR. MILLER: Yes, sir. I have four registered speakers.
Your first speaker is Rae Ann Burton. She will be followed by
Meredith Budd and then Michael R. Ramsey.
MS. BURTON: Good afternoon, Commissioners. A long day.
Name's Rae Ann Burton, et cetera, et cetera, et cetera.
Item 11, County Manager's Item 11B, approve sale and purchase
to acquire 1,046.19 acres. My question is: Why is this being
purchased? Is it ethical for the county to create an agreement with
Collier County Agricultural Fair and Exposition, a nonprofit, to buy
their land, acquire property owned by Barron Collier Partnership,
LLLP, for replacement that is sold at county cost per acre then to
charge the county, the taxpayers, the upfront planning/zoning
acquisition costs, permitting costs, and even the relocation costs of
the existing fair property to the new site and new infrastructure? Is it
ethical that the MOU, memorandum of understanding, be done
January 18, 2021, two months before brought before the County
Commission board?
This agenda should be withdrawn and more discussion with the
community about what's going to happen to the existing fairgrounds
in a future development on the 1,046 acres as well.
I have trouble understanding how one can buy and sell property
that's not been approved. Where are the public concerns and
comments? To me, that's putting the cart before the horse. I do not
approve this before the taxpayers, the residents of Collier County,
have a chance to review proper review of this. We buy our land to
live on, not to make a profit.
Thank you.
March 9, 2021
Page 148
MR. MILLER: Your next speaker is Meredith Budd. She'll be
followed by Michael R. Ramsey, and then Matthew Schwartz online.
MS. BUDD: Good afternoon, Commissioners. Thank you for
the opportunity to speak.
My name is Meredith Budd, and I'm here on behalf of the
Florida Wildlife Federation.
As you know, this parcel is located in the Rural Lands
Stewardship Area, but while this will be public benefit uses, it will
not be developed presumably as an SRA. For SRAs, Stewardship
Receiving Areas, Policy 4.20 of the transmitted policy amendments
to the program notes that the acreage of public benefit uses, they
don't consume credits, but they shall count towards the maximum
acreage of the 45,000 acres in the RLSA for the cap of development,
but that cap only speaks to SRA development, those Stewardship
Receiving Areas.
So the county is not creating an SRA, presumably, but rather
would be developing some of these public uses under the baseline
zoning.
Since the RLSA amendments have been transmitted to include
this 45,000-acre cap, it's clear that there's an intent to limit that sort of
sprawling development outside of these -- in the area and in those
SRA developments.
And so understanding this intent and, in all fairness, our request
that the county public-benefit uses in the RLSA, like in this project
here, be subject to the 45,000-acre cap. This will be consistent and
in line with the spirit of the RLSA, and I would just like the
opportunity to work with staff and have that be an option moving
forward to understand that public-benefit uses, even if they're not
within an SRA, such like this project, would go towards that
development cap.
So thank you very much. Appreciate it.
March 9, 2021
Page 149
MR. MILLER: Your next speaker is Michael R. Ramsey, and
he will be followed online by Matthew Schwartz.
MR. RAMSEY: Commissioners, my name is Michael R.
Ramsey, and I'm the president of the Golden Gate Estates Area Civic
Association.
I'm here today because my group of people were very surprised
to see this on the agenda, Item 11B. The acquisition of property to
move the fairground caused quite a bit of stir in people trying to
figure out what would happen to the existing fairground location and
the activities there. They feel like more time should have been spent
discussing this with the community.
Number 2, there is a great concern. On site there is what we
consider to be, by the county LDC, an illegal and unpermitted
operation that is dumping vegetative material on the property from
off-site operations and selling off site.
According to the LDC, what they're doing currently is
unpermitted and illegal, and they are still unpermitted and illegal at
this point.
In prior conversations with staff, I know that grandfathering is
not allowed for an illegal or unpermitted operation. In a DEP
document search on these properties concerning this operation, there
has been indications of petroleum spills and other issues out there,
and there's also documentation and dialogue that indicates there were
some discussions about undertaking some other operations which, in
my opinion and other opinions of people that do Phase 1 and Phase 2
environmental studies, this would deserve more study as a Phase 2
environmental.
The reason that's important, if we're going to move the Collier
County Fairground out there and maybe even the swamp buggy
operation, I would think the county would want to make sure,
absolutely sure there's no contamination in the soil or in the water
March 9, 2021
Page 150
before letting residents of the county and their children standing on
this property.
The other thing about that is, having some experience with
agricultural property in Collier County, if it's been here since the '40s
and '50s, you never know what you start to find when you start
digging in agricultural properties prior to the '80s where all the
regulations came in for solid waste.
One of the issues I've always been involved in when we do
acquire property in some of my other arrangements, we remove all
leases and all land-use activities from the property prior to its
acquisition and have it proven to be clean so that we could have a
clear and free land for management with no encumbrances.
Last of all, I'll like to in quire as to, hasn't other areas been
evaluated for this? We could have found a better deal. We could
have found less wetlands. And also in that process of looking for
other properties, you could have included the community that would
be most impacted.
We request this be delayed and not accepted today because the
Estates residents community, they feel like they've been left out and
they need to have a discussion about this more.
MR. MILLER: Mr. Chairman, your final registered speaker is
online. It's Matthew Schwartz.
Mr. Schwartz, you should be prompted at this time to unmute
your microphone. If you'll do that for us, please, sir. You have
three minutes, Mr. Schwartz.
MR. SCHWARTZ: I have unmuted. Can you hear me?
MR. MILLER: Yes, sir.
MR. SCHWARTZ: Okay, great. Thanks.
And I guess the first thing -- I just found out about this late last
night, so I didn't really have a long time to put together some more
comprehensive comments.
March 9, 2021
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But I did pull up some documents on the site. I'm well aware of
this section of Oil Well Road. And I'd like to bring out that this
property, where you were talking about Longwater and Bellmar
earlier, you had the refuge director, Kevin Godsea, here talking about
burning. But I would invite you to take a bigger picture of this land,
a kind of regional look at it as part of 100 -- 100 square miles. And
if you look at the 100 square miles I'm looking at -- I can't show you
a map, but I can explain that if you look at Oil Well Road as a top of
that block, State Road 29 as the east side of the block, DeSoto
Boulevard as the west side of the block, and I-75 as the south side,
you've basically got a square of 10 miles by 10 miles. It's a hundred
square miles, over 65 acres. It's roadless. There's nothing in there.
And I have to say, I mean, Kevin Godsea's a friend, but I was
extremely disappointed at his request for pause on development
within this block. And, of course, Longwater and Bellmar are on the
east side of the panther refuge. This is going to the top of the refuge
about a -- it's just a few miles away, a stroll for a Florida panther.
And I have to say, this area is covered with panther telemetry.
It's not only in the RLSA and the HCP but also Primary Panther
Habitat. And I'd like to say, why -- how is Primary Habitat Panther
established? It wasn't just the land cover types. It wasn't just
looking and saying, oh, this area is forested; panthers can use it. It
was actually the telemetry records. The panther team looked at
45,000 -- had 45,000 records. They drew lines around it, and it
included the agricultural lands, the natural lands, public lands, private
lands, and they determined this to be in the Primary Zone.
You're going to go ahead and buy this today, I'm sure of it, but I
would strongly suggest -- I'm not sure how that process is going to
unfold -- the Habitat Conservation Plan still has to determine whether
development could go on in this area, how much development, what
kind of development. If they allow the 45,000 acres, I can guarantee
March 9, 2021
Page 152
you there's going to be litigation. Are you going to become a
litigant? Are you going to intervene on the side of the Eastern
Collier Property Owners to make sure that plans you have for this
property could go forward? So this is a very problematic piece of
land in that it's basically intact Primary Panther Habitat.
Is the fairgrounds compatible? Is off-road buggy races -- I'm
not sure what you're doing -- the dump, is that all compatible with
what this area is? And I don't think there's a single block of
undeveloped land, private land in your county, in Eastern Collier
County, which is probably more important than these 65,000 acres
that I'm talking about. This is 1,000 of it or, I forgot, 1,300 of it. I
forget the exact number. But this is part of a contiguous block of
Primary Panther Habitat.
So when you go forward and purchase this property and start
making all these deals with the fairgrounds and other players, that
you consider that this is contrary to panther science. There's no
science that would back up development like this or, basically, any
development in land that's this important. This land is contiguous
with the -- with the panther refuge, loaded with telemetry, panthers
are killed in the area roads. Black bears are killed.
CHAIRMAN McDANIEL: Matthew?
MR. SCHWARTZ: I'll wrap up here, but --
CHAIRMAN McDANIEL: Matthew, Matthew, Matthew,
Matthew. Take a breath. Your three minutes are up, my friend.
MR. SCHWARTZ: Okay. Got it. Okay. Well, just consider
the comments that I gave you. Thank you.
CHAIRMAN McDANIEL: Yes, we did. Yes, we will.
Thank you.
I like him. I like him, but he just doesn't breathe. Somebody's
got to tell him to take a breath.
I've got a -- I have a couple questions, Roosevelt, you or County
March 9, 2021
Page 153
Manager. I mean, there was some representations, you know,
of -- that were made. Are we deviating from our normal purchase
requisites on this acquisition? Do we still go through the Phase 1,
Phase 2, environmentals and so ons and so forth before we actually
buy a piece of property, I would assume.
MR. LEONARD: Yes, sir, that's correct.
CHAIRMAN McDANIEL: And that's all part of the purchase
agreement, yes?
MR. LEONARD: Yes, sir, that's correct. We had a Phase 1
performed by Davidson Engineering, and --
CHAIRMAN McDANIEL: And then, you know, I -- I was
intrigued by Meredith's comment with regard to the 45,000-acre cap
and the spirit of the RLSA and so forth. Is that going -- is that going
to prohibit our potentiality utilizing this property? Because I know
we've got a horticultural debris facility in there that's there, maybe a
proposed housing unit or, you know, a housing affordability, essential
services, and such, and I know we've also talked about some
government facilities as well, maybe Road and Bridges, or depending
on where we end up spreading out to.
MR. OCHS: Yes, sir. Yes.
CHAIRMAN McDANIEL: And, Ms. Anita, maybe you could
answer that.
MS. JENKINS: Sure. Anita Jenkins, your Zoning Director,
for the record.
The uses that you have proposed, for the most part, would be
conditional uses under the baseline standards of the Rural Lands
Stewardship Area. So you wouldn't be doing an SRA or consuming
credits. The affordable housing, though, in your Rural Lands
Stewardship Program, density cannot be increased above one unit per
five acre without doing a Stewardship Receiving Area.
So you would have to do a Comprehensive Plan amendment to
March 9, 2021
Page 154
achieve density to accommodate affordable housing. If that is the
will of the Board, we are bringing the Rural Lands Stewardship Area
back in May for adoption, and at that time we could add to the policy
to allow affordable housing under the baseline standards at a density
that would be acceptable.
CHAIRMAN McDANIEL: I wouldn't want to do that then. I
mean, that is an adoption hearing for what we've already necessarily
approved and had comments on. And I think -- based upon my
known conversations -- by the way, there is no secret with this.
These conversations have been going on with the community and
myself for years and the County Manager. We approved the debt
instrument to acquire this piece of property last year or the year
before?
MR. OCHS: Last year, sir.
CHAIRMAN McDANIEL: Last year. So I would
prefer -- and because of the timing -- that if we're going to do a Comp
Plan amendment, if that's a requisite for us, if the community -- if we
can meet with the spirit of the RLSA and that 45,000-acre cap, we'll
address the Comp Plan amendment at that particular point in time.
MR. OCHS: Yeah, I'd agree.
CHAIRMAN McDANIEL: So I would -- I would also
like -- well -- and I don't know. You keep getting ready for the
button. I'm going to make a motion.
COMMISSIONER SAUNDERS: I wanted to ask him one
more question, if I might.
CHAIRMAN McDANIEL: Okay. Sure.
COMMISSIONER SAUNDERS: For staff. The current lease
with the fairgrounds -- and I'd like to get a copy of that, if I could.
Do you have any idea how many acres the fairgrounds occupy
currently?
MR. LEONARD: Right now I believe it's 60.
March 9, 2021
Page 155
COMMISSIONER SAUNDERS: Sixty.
CHAIRMAN McDANIEL: Forty-eight.
COMMISSIONER SAUNDERS: Forty-eight, all right.
MR. LEONARD: It's about in that neighborhood.
COMMISSIONER SAUNDERS: And today, I certainly
support going forward with the purchase. I'm not sure about -- the
memorandum of understanding, I'm not sure if that's going to be part
of your motion to approve that. It's so barebones, I'm not sure if it
even means anything.
CHAIRMAN McDANIEL: I'm not ready to add that in. The
one thing I do want to suggest -- I would like to make a motion that
we move forward with the acquisition per the terms and conditions
and as everything that's been laid out, but I would also like to give
direction to staff -- because I don't -- you know, I don't want to put us
in a position like we have done before in some acquisitions. There
are lessees that are here that have businesses and employees. There
is a legal horticultural business that's been there for quite some time
and doing great business along with farming business. I'm friends
with several of the farmers that are currently there. So I would
like -- I would suggest that we go ahead and negotiate extended
leases, because all of your government leases have, I believe, a
60-day with proper notice --
MR. OCHS: Termination for convenience.
CHAIRMAN McDANIEL: Correct. Some kind of -- some
kind of an extended lease, so that continue to maintain some kind of a
revenue stream from the going businesses and they've got some
certainty of business practice along the way as we're going through
the public process and ascertaining size, shape, and color of what
we're ultimately going to do with this piece of property. So I'd like
to make that a motion, if that came out halfway decent.
COMMISSIONER SAUNDERS: I'll second that.
March 9, 2021
Page 156
CHAIRMAN McDANIEL: Okay. And, Commissioner
LoCastro, you were --
COMMISSIONER LoCASTRO: Yeah, I'm lit up here. I have
a question.
The gentleman from the civic association, you know, he brought
up some valid points that -- you know, making sure that the land is
not -- I don't want to say mis-utilized but, you know, there's good
things to put on that property and things that maybe aren't so great.
I guess this question is for Ms. Jenkins, and also to get it in the
record, regardless of what your answer is. Do we have the right
safeguards in place that the land can't just be arbitrarily used? And, I
mean, I'm really, you know, taking some poetic license here and sort
of summarizing what the gentleman who leads the civic association is
concerned about, which I share those concerns, unless we have the
right type of oversight, safeguards, you know, stewardship, et cetera,
et cetera, in place to that, you know, the wrong things aren't put there.
MS. JENKINS: Right. The uses that you would bring back
would be a conditional use, so it would go through the public hearing
process.
COMMISSIONER LoCASTRO: Okay.
CHAIRMAN McDANIEL: And I just --
COMMISSIONER LoCASTRO: With plenty of citizen
comment and all the things that go along with it?
MS. JENKINS: Whole opportunity.
COMMISSIONER LoCASTRO: Yes, ma'am. Okay. Thank
you.
CHAIRMAN McDANIEL: I'm not going to make a -- I'm not
going to make a -- there's a motion and a second. Is there any
other -- Commissioner Taylor, you're not lit up.
COMMISSIONER TAYLOR: I should be. My hand is raised.
No?
March 9, 2021
Page 157
Okay. Just a quick question. Remembering Hurricane Irma
and the valuable asset of having the fairgrounds, at least the paved
areas in the fairgrounds valuable for staging for Florida Power and
Light, as we move towards further east and basically not having it,
perhaps, as accessible, that kind of convenience in terms of time and
accessibility that we have at the current fairgrounds, what is the
intention of the county to do with this land where the fairground sits
right now? What is the intention?
CHAIRMAN McDANIEL: Do you want to answer that, or do
you want me to? I mean, we've had long discussions -- a potential
use -- there is no final discussion, for the record. We've had long
discussions on the original 47 acres on the corner of Randall and 4th
and Immokalee Road there, that intersection.
There was a potential of a bus barn, CAT bus barn, road and
bridges government facility, then there was discussion about jumping
up and buying land from the Immokalee Rural Villages, and
that -- that's still a potential as well.
I don't really look for this to ever come out of the government
fold, Commissioner Taylor, the land where the fairgrounds is
currently located, and certainly several years down the road from
now, before they are in a position to ultimately relocate.
And then I also want to add, too, you know, that we didn't have
that recycling facility that's contiguous to the east of the fairgrounds;
our park, Big Corkscrew Swamp Regional Park is there now as well,
and we've got the northeast regional plant that's coming on the east
side of that.
So we've got other government facilities that are in close
proximity that potentially could be used as additional staging areas,
and one of the -- one of the requisites of this acquisition is
horticultural debris and, with the extension of the farming leases, if
we needed one of those farm fields to stage debris from another
March 9, 2021
Page 158
hurricane that comes our direction, we would have that capacity to do
so.
COMMISSIONER TAYLOR: At the time of -- well, soon after
the purchase.
Where I'm getting to this is that right now it's functioning. It
worked. It worked remarkably well. It wasn't the easiest thing for
the neighbors to deal with, the horticultural piles, but it was
necessary.
I would remind my colleagues -- I think Commissioner Saunders
probably would remember this. With Charley, when Hurricane
Charley came through, Arcadia was very late in getting any kind of
aid because there was no staging area. There was no staging area for
the trucks. They had to travel a great distance to get in there, the
electric trucks, FP&L.
So I would just, again, emphasize the importance of the area as
it exists today and ask that as we move further, I assume this would
be eastward to the site that I think we're going to purchase today, that
it's up and ready and ready to function before we vacate what is there
and the ability to use it.
And, again, just as a -- just as a reminder of the importance of
getting neighbors signed into what is around them. I believe the
fairgrounds was there before the residents were there and,
unfortunately, the fairgrounds have received -- and the entertainment
there have received a great deal of complaints from neighbors who
believe that, you know, where they bought was peaceful and quiet
and found out that there was a fairgrounds next door after they
purchased.
So, once again, the importance of having things written in
purchasing covenants and making it clear right from the beginning
what is around you before you buy is critical as we develop the
eastern lands.
March 9, 2021
Page 159
Thank you.
CHAIRMAN McDANIEL: You know, I thank you for
bringing that up. You know, it reminds me of an epiphany that came
upon me early in our career as -- my career as county commissioner.
As you all know, I used to -- I still am a real estate broker and have
sold hundreds of houses on golf courses. Who would have ever
thought that that golf course behind the house was going to be a
condominium project? Golden Gate is a perfect example. We
bought that piece of property protecting those residents that are over
there who had a 99-year exclusionary right, deed restriction, to not do
anything but a golf course and got it through the court system, got it
withdrawn.
So you bring up a really good point, Commissioner Taylor,
that -- and I will work with the Naples Area Board of Realtors to get
additional disclosures put into the process. I mean, it's certainly
always been caveat emptor, however you say that, but buyer beware,
let the buyer beware. But it certainly won't hurt to add those
additional disclosures in so that people are better informed as to what
they're doing.
So any other discussion? Questions?
(No response.)
CHAIRMAN McDANIEL: Okay. It's been moved and
seconded that we move forward with those stipulations on the leases
as well and the uses with regard to the conformity to the cap; is that
what you understand?
COMMISSIONER SAUNDERS: On the motion, when you
stay "stipulations on the leases"...
CHAIRMAN McDANIEL: Well, the extension of the
lease -- or the renegotiation of the leases with the existing tenants.
COMMISSIONER SAUNDERS: Oh, okay.
CHAIRMAN McDANIEL: That was -- that was part of my
March 9, 2021
Page 160
motion. I just don't want to put us in a position where we are
thinking about what we're doing with it and we don't have a revenue
stream coming along with it.
MR. OCHS: Yes, sir.
CHAIRMAN McDANIEL: Okay. It's been moved and
seconded. All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN McDANIEL: Opposed?
Did Commissioner Taylor vote for it?
COMMISSIONER TAYLOR: I did, I did, but I was quiet.
CHAIRMAN McDANIEL: Okay. It passes 5-0.
COMMISSIONER TAYLOR: Pardon me.
CHAIRMAN McDANIEL: No. It's okay. Thank you.
MR. OCHS: Thank you, Commissioners.
Item #15
STAFF AND COMMISSION GENERAL COMMUNICATIONS
That moves us to, I believe, Item 15, staff and commission
general communications.
Again, just a reminder of your CRA/BCC workshop on
April 6th in this room at 9:00 a.m., and I believe that's all that I have
today, Mr. Chairman.
CHAIRMAN McDANIEL: Outstanding. Let's go to
Commissioner Taylor first since you're with us remotely.
COMMISSIONER TAYLOR: Compliments on the way, sir,
March 9, 2021
Page 161
that you ran the meeting, and compliments to my colleagues for
discussions that weren't always the easiest, but we got through it.
And have a good afternoon and thank you for your indulgence.
CHAIRMAN McDANIEL: And from us -- well, from me to
you, and I'm sure I can -- this is where I'll step over again and speak
for my colleagues. We wish you and your family well and hope that
you traverse this path you're on right now without any harm.
COMMISSIONER TAYLOR: Thank you.
CHAIRMAN McDANIEL: Okay. Commissioner Solis.
COMMISSIONER SOLIS: Nothing from me.
CHAIRMAN McDANIEL: I'll be darned.
Commissioner LoCastro.
COMMISSIONER LoCASTRO: I actually don't think
Commissioner McDaniel did a very good job today, so I'll be happy
when Commissioner Taylor comes back. I'm kidding.
I just want to make a closing statement. You know, today we
voted on a lot of things. We appointed members to the Productivity
Committee. We paid bills. We approved contracts. We moved
forward the business of Collier County. We recognized
organizations and people. We debated some issues, and in some
cases moved the decision to a future meeting because we weren't
ready, and we had the expertise up here to do so.
Government is about doing the business of the people. And if
you don't think having a $2 billion budget means business is
secondary, you are sorely mistaken. Doing things the way they have
always been done doesn't mean excellence. "If it ain't broke, don't
fix it" doesn't mean it can't be improved.
What makes taxpayers upset is when government functions
without improvement, without excellent -- without excellence, and is
content with the status quo and doesn't know the difference between
all those things that I listed.
March 9, 2021
Page 162
Thank you.
CHAIRMAN McDANIEL: Commissioner Saunders.
COMMISSIONER SAUNDERS: Just one item. I know
there's been some truck traffic studies done on the Logan Boulevard
extension. I'd like to get kind of a full report at our next meeting. A
lot of the residents in those communities feel it's unsafe, noisy, and
staff has kind of come to a conclusion that the levels aren't what they
considered excessive, but I think we need to get an idea of what
"excessive" really means. So if we could have a discussion of the
truck traffic on Logan extension, I would appreciate it.
And I want to thank Commissioner LoCastro for advising us on
what it means to be a public servant.
COMMISSIONER LoCASTRO: You're welcome.
CHAIRMAN McDANIEL: And in regard to the truck
traffic -- because I'm kind of an expert -- I would suggest that our
staff follow a couple of trucks, see if there's a job that's going on, see
if there's a deficiency in supply. Typically, the trucks go where the
aggregate is that's needed for a particular job. And there may be a
job that is a shorter route that those trucks are able to utilize and get
to Bonita Grande if there is a supply shortage somewhere in Collier
County or an availability.
And, minimally -- because I know we had this issue way back
before I became a commissioner, truck traffic at large, but we were
successful in managing that truck traffic just with some definition.
So just as a -- I'm not belaboring the point, but I've been getting calls
on it as well, and I think if we follow up in that regard, minimally, we
can actually give some direction to our community as to why the
traffic is the way that it is, so...
COMMISSIONER SAUNDERS: Sure.
CHAIRMAN McDANIEL: And other than that, I want to wish
everyone a happy day. Thank you very much. We are adjourned.
March 9, 2021
Page 163
**** Commissioner Saunders moved, seconded by Commissioner
LoCastro and carried that the following items under the Consent and
Summary Agendas be approved and/or adopted ****
Item #16A1
RESOLUTION 2021-48: AMENDING THE ADMINISTRATIVE
CODE FOR LAND DEVELOPMENT, WHICH WAS CREATED
BY ORDINANCE NO. 2013- 57, BY AMENDING CHAPTER SIX,
WAIVERS, EXEMPTIONS AND REDUCTIONS, MORE
SPECIFICALLY TO ADD SECTION M, DEVIATION REQUESTS
FOR PROJECTS IN THE GOLDEN GATE PARKWAY
OVERLAY DISTRICT (DR-GGPOD); AND PROVIDING AN
EFFECTIVE DATE. (THIS IS A COMPANION TO AGENDA
ITEM #9A)
Item #16A2
FINAL ACCEPTANCE OF THE POTABLE WATER AND
SEWER UTILITY FACILITIES AND ACCEPT THE
CONVEYANCE OF A PORTION OF THE POTABLE WATER
UTILITY FACILITIES FOR THE NEIGHBORHOOD SHOPPES
AT ORANGETREE, PL20200002447 – LOCATED OFF OF
IMMOKALEE ROAD AND RANDALL BLVD
Item #16A3
FINAL ACCEPTANCE AND ACCEPT THE CONVEYANCE OF
THE POTABLE WATER AND SEWER UTILITY FACILITIES
FOR ANGUILLA AT LAMORADA, PL20190002084 AND
March 9, 2021
Page 164
AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE,
TO RELEASE THE UTILITIES PERFORMANCE SECURITY
(UPS) AND FINAL OBLIGATION BOND IN THE TOTAL
AMOUNT OF $41,303.10 TO THE PROJECT ENGINEER OR THE
DEVELOPER’S DESIGNATED AGENT – LOCATED OFF OF
IMMOKALEE ROAD, EAST OF COLLIER BLVD
Item #16A4
FINAL ACCEPTANCE OF THE POTABLE WATER AND
SEWER UTILITY FACILITIES FOR HERITAGE BAY GOLF &
COUNTRY CLUB PHASE 1 - CLUBHOUSE EXPANSION,
PL20200002647
Item #16A5
RESOLUTION 2021-49: FINAL ACCEPTANCE OF THE
PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS FOR
THE FINAL PLAT OF AVE MARIA UNIT 11, DEL WEBB
NAPLES PARCELS 106 & 112, APPLICATION NUMBER
PL20110000452, AND AUTHORIZE THE RELEASE OF THE
MAINTENANCE SECURITY
Item #16A6
RESOLUTION 2021-50: FINAL ACCEPTANCE OF THE
PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS FOR
THE FINAL PLAT OF ISOLA BELLA, APPLICATION NUMBER
PL20180002267, AND AUTHORIZE THE RELEASE OF THE
MAINTENANCE SECURITY
March 9, 2021
Page 165
Item #16A7
AN AMENDMENT TO THE INTERLOCAL AGREEMENT WITH
THE CITY OF NAPLES FOR PHASE II OF A JOINT
STORMWATER, WATER, AND SANITARY SEWER PROJECT
BETWEEN GOODLETTE-FRANK ROAD AND US-41.
[PROJECT NUMBER 60142]
Item #16A8
APPROVAL FOR ELECTRONIC SUBMISSION OF A SMALL
COUNTY OUTREACH PROGRAM FOR RURAL AREAS OF
OPPORTUNITIES APPLICATION WITH THE FLORIDA
DEPARTMENT OF TRANSPORTATION TO FUND A PAVED
SHOULDER PROJECT TO IMPROVE SAFETY ON A SEGMENT
OF IMMOKALEE ROAD - IN THE AMOUNT OF $998,719.31
Item #16A9
RESOLUTION 2021-51: AWARDING RESTORATION (R-II)
CREDITS IN STEWARDSHIP SENDING AREA 6 (“BCI/BCP
SSA 6”) WITHIN THE RURAL LANDS STEWARDSHIP AREA
OVERLAY DISTRICT (RLSA) FOR RESTORATION
ACTIVITIES COMPLETED BY BARRON COLLIER
INVESTMENTS, LTD., AND BARRON COLLIER
PARTNERSHIP IN ACCORDANCE WITH THE APPROVED
RESTORATION PLAN
Item #16A10
March 9, 2021
Page 166
RESOLUTION 2021-52: AWARDING RESTORATION (R-II)
CREDITS IN STEWARDSHIP SENDING AREA 9 (“BCI/BCP
SSA 9”) WITHIN THE RURAL LANDS STEWARDSHIP AREA
OVERLAY DISTRICT (RLSA) FOR RESTORATION
ACTIVITIES COMPLETED BY BARRON COLLIER
INVESTMENTS, LTD., AND BARRON COLLIER
PARTNERSHIP IN ACCORDANCE WITH THE APPROVED
RESTORATION PLAN
Item #16A11
COLLIER COUNTY LANDSCAPE MAINTENANCE
AGREEMENTS BETWEEN COLLIER COUNTY AND
CREEKSIDE HOSPITALITY LLC, AND BETWEEN COLLIER
COUNTY AND RES FLORIDA 1284 HOLDINGS, LLC AND
NAMED TENANT ARTHREX, INC., FOR LANDSCAPE AND
IRRIGATION IMPROVEMENTS WITHIN THE GOODLETTE-
FRANK ROAD PUBLIC RIGHT-OF-WAY - NEAR THE
ENTRANCE OF THE ARTHREX HOTEL AND ARTHREX
WELLNESS CENTER ENTRANCE
Item #16B1
A COMMERCIAL BUILDING IMPROVEMENT GRANT
AGREEMENT BETWEEN THE COMMUNITY
REDEVELOPMENT AGENCY (CRA) AND MSK 2059, LLC, IN
THE AMOUNT OF $46,094 FOR THE PROPERTY LOCATED
WITHIN THE BAYSHORE GATEWAY TRIANGLE
COMMUNITY REDEVELOPMENT AREA AT 2059 TAMIAMI
TRAIL EAST – FOR IMPROVEMENTS TO THE EXTERIOR
FACADE AND THE INSTALLATION OF INTERIOR FLOORING
March 9, 2021
Page 167
Item #16B2
AN AFTER-THE-FACT ELECTRONIC GRANT APPLICATION
SUBMITTAL IN THE AMOUNT OF $300,000 TO THE COLLIER
COUNTY COMMUNITY AND HUMAN SERVICES FY
2021/2022 HOUSING AND URBAN DEVELOPMENT (HUD)
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FOR
THE PHASE 4 FIRE SUPPRESSION PROJECT IN THE
BAYSHORE GATEWAY TRIANGLE COMMUNITY
REDEVELOPMENT AREA
Item #16C1
RESOLUTION 2021-53: A LEASE AGREEMENT WITH
FLORIDA STATE REPRESENTATIVE LAUREN MELO FOR
USE OF COUNTY-OWNED OFFICE – WITHIN THE
ADMINISTRATION BUILDING AT THE MAIN GOVERNMENT
CENTER
Item #16C2
RESOLUTION 2021-54: A LEASE AGREEMENT WITH STATE
REPRESENTATIVE DAVID BORRERO, DISTRICT 105, FOR
USE OF COUNTY-OWNED OFFICE SPACE AT THE GOLDEN
GATE CUSTOMER SERVICE CENTER IN GOLDEN GATE
CITY
Item #16D1
AMENDMENT NO. 1 TO THE FY2020/21 TRANSPORTATION
March 9, 2021
Page 168
DISADVANTAGED TRUST FUND TRIP/EQUIPMENT GRANT
AGREEMENT WITH THE FLORIDA COMMISSION FOR THE
TRANSPORTATION DISADVANTAGED (CTD) TO CORRECT
A SCRIVENER ERROR BY ADDING AN ADDITIONAL LINE
ITEM TO EXHIBIT B (SERVICE RATES) TO INCLUDE THE
GROUP TRIP PER PASSENGER RATE OF $25.87
Item #16D2
AN EIGHT-YEAR SOVEREIGNTY SUBMERGED LANDS
EASEMENT RENEWAL AND MODIFICATION WITH THE
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT
TRUST FUND OF THE STATE OF FLORIDA AT COLLIER
BOULEVARD BOATING PARK WITH AN EFFECTIVE DATE
OF AUGUST 15, 2018
Item #16D3
AWARD REQUEST FOR PROPOSAL NO. 20-7707, “TIGERTAIL
BEACH CONCESSION SERVICES,” TO SSG RECREATION,
INC., AND APPROVE THE REVENUE GENERATING
AGREEMENT
Item #16D4
AN “AFTER-THE-FACT” AMENDMENT AND AN
ATTESTATION STATEMENT WITH AREA AGENCY ON
AGING FOR SOUTHWEST FLORIDA, INC., FOR THE
EMERGENCY HOME ENERGY ASSISTANCE PROGRAM TO
DECREASE FUNDING IN THE AMOUNT OF $45,000 AND
AUTHORIZE THE SUPPORTING BUDGET AMENDMENT
March 9, 2021
Page 169
Item #16D5
APPROVAL OF THREE (3) “AFTER-THE-FACT” CONTRACT
AMENDMENTS, CORRESPONDING ATTESTATION
STATEMENTS WITH THE AREA AGENCY ON AGING FOR
SOUTHWEST FLORIDA, INC., FOR THE COMMUNITY CARE
FOR THE ELDERLY, ALZHEIMER’S DISEASE INITIATIVE
AND HOME CARE FOR THE ELDERLY GRANT PROGRAMS
FOR SERVICES FOR SENIORS TO INCREASE THE
ALLOCATIONS AND THE SUPPORTING BUDGET
AMENDMENTS
Item #16E1
RECOGNIZING ACCRUED INTEREST FROM THE PERIOD
OCTOBER 1, 2020 THROUGH DECEMBER 31, 2020 EARNED
BY EMS COUNTY GRANT AND APPROPRIATE FUNDS FOR A
TOTAL AMOUNT OF $383.20
Item #16E2
RECOGNIZING ACCRUED INTEREST FROM THE PERIOD
APRIL 17, 2020 THROUGH DECEMBER 31, 2020 EARNED BY
EMS CARES ACT PROVIDER RELIEF PAYMENT AND
APPROPRIATE FUNDS FOR A TOTAL AMOUNT OF $2,276.67
Item #16E3
RENEWAL OF THE NORTH COLLIER FIRE CONTROL AND
RESCUE DISTRICT’S CERTIFICATE OF PUBLIC
March 9, 2021
Page 170
CONVENIENCE AND NECESSITY FOR ADVANCED LIFE
SUPPORT NON-TRANSPORT SERVICES FOR ONE YEAR AND
AUTHORIZE THE CHAIRMAN TO EXECUTE THE PERMIT
AND CERTIFICATE
Item #16E4
ADMINISTRATIVE REPORTS PREPARED BY THE
PROCUREMENT SERVICES DIVISION FOR CHANGE ORDERS
AND OTHER CONTRACTUAL MODIFICATIONS REQUIRING
BOARD APPROVAL
Item #16E5
ADMINISTRATIVE REPORT PREPARED BY THE
PROCUREMENT SERVICES DIVISION FOR DISPOSAL OF
PROPERTY AND NOTIFICATION OF REVENUE
DISBURSEMENT
Item #16F1
RESOLUTION 2021-55: AMENDMENTS (APPROPRIATING
GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE
PROCEEDS) TO THE FY20-21 ADOPTED BUDGET
Item #16F2
THE USE OF TOURIST DEVELOPMENT TAX PROMOTION
FUNDS TO SUPPORT THE UPCOMING APRIL 2021 SPORTS
TOURISM EVENT UP TO $7,750 AND MAKE A FINDING THAT
THIS EXPENDITURE PROMOTE TOURISM – BEING HELD AT
March 9, 2021
Page 171
NORTH COLLIER REGIONAL PARK, VETERANS PARK AND
GOLDEN GATE COMMUNITY PARK ON APRIL 9-11, 2021
Item #16G1
APPROVAL OF AN OWNER-DIRECTED CHANGE ORDER NO.
5 TO AGREEMENT NO. 18-7240, “MARCO EXECUTIVE
AIRPORT NEW TERMINAL & ASSOCIATED
IMPROVEMENTS,” WITH WEST CONSTRUCTION, INC., IN
THE AMOUNT OF $43,608.69
Item #16H1
PROCLAMATION DESIGNATING MARCH 9, 2021 AS
GENTLE'MEN AGAINST DOMESTIC VIOLENCE DAY IN
COLLIER COUNTY. THE PROCLAMATION WILL BE MAILED
TO LINDA OBERHAUS, CHIEF EXECUTIVE OFFICER,
SHELTER FOR ABUSED WOMEN & CHILDREN – ADOPTED
Item #16H2
PROCLAMATION DESIGNATING MARCH 15 - 21, 2021 AS
SUNSHINE WEEK IN COLLIER COUNTY, A TIME TO
REAFFIRM OUR COMMITMENT TO PROVIDING OUR
RESIDENTS WITH TRANSPARENT, ACCESSIBLE, AND
HONEST GOVERNMENT OPERATIONS. A COPY OF THIS
PROCLAMATION WILL BE HAND DELIVERED TO EACH
CONSTITUTIONAL OFFICER AND EACH COUNTY
COMMISSIONER – ADOPTED
Item #16H3
March 9, 2021
Page 172
PROCLAMATION DESIGNATING MARCH 15 - 19, 2021 AS
GOVERNMENT FINANCE PROFESSIONALS WEEK IN
COLLIER COUNTY, JOINING IN A STATEWIDE
RECOGNITION OF GOVERNMENT FINANCE
PROFESSIONALS. A COPY OF THIS PROCLAMATION WILL
BE HAND DELIVERED TO THE CLERK'S FINANCE AND
ACCOUNTING DEPARTMENT – ADOPTED
Item #16I
MISCELLANEOUS CORRESPONDENCE
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
March 9, 2021
1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED:
A. DISTRICTS:
1) Cedar Hammock Community Development District:
Meeting Agenda 01/11/2021
Meeting Minutes 01/11/2021
2) Heritage Bay Community Development District:
Meeting Agenda 01/07/2021
Meeting Minutes 01/07/2021
3) The Quarry Community Development District:
Meeting Agenda 04/20/2020; 05/18/2020; 08/17/2020; 09/21/2020; 10/19/2020
Meeting Minutes 04/20/2020; 08/17/20; 09/21/2020; 10/19/2020; 10/26/2020
B. OTHER:
1) Code Enforcement Weed Abatement Public Notice:
Code Enforcement Annual Public Notice regarding Ordinance 2009-08
published 01/03; 01/17; 01/31 and 02/14/2021
March 9, 2021
Page 173
Item #16J1
RECORD IN THE MINUTES OF THE BOARD OF COUNTY
COMMISSIONERS, THE CHECK NUMBER (OR OTHER
PAYMENT METHOD), AMOUNT, PAYEE, AND PURPOSE FOR
WHICH THE REFERENCED DISBURSEMENTS WERE DRAWN
FOR THE PERIODS BETWEEN FEBRUARY 11, 2021 AND
FEBRUARY 24, 2021 PURSUANT TO FLORIDA STATUTE
136.06
Item #16J2
BOARD APPROVED AND DETERMINED A VALID PUBLIC
PURPOSE FOR INVOICES PAYABLE AND PURCHASING
CARD TRANSACTIONS AS OF MARCH 3, 2021
Item #16K1
RESOLUTION 2021-56: RE-APPOINTING ROBERT P.
MEISTER, III TO THE CONTRACTORS LICENSING BOARD
Item #16K2
RESOLUTION 2021-57: APPOINTING EUGENE WORDEHOFF
TO THE WATER AND WASTEWATER AUTHORITY
Item #16K3
A FIRST AMENDMENT TO RETENTION AGREEMENT WITH
THE LAW FIRM OF BAKER, DONELSON, BEARMAN,
CALDWELL & BERKOWITZ, P.C., TO PROVIDE SPECIALIZED
March 9, 2021
Page 174
FEMA LEGAL SERVICES ON AN “AS NEEDED” BASIS BY
EXERCISING THE FIRST RENEWAL TERM AND ADJUSTING
THE CURRENT RATES, WHICH WILL REMAIN IN EFFECT AS
REVISED WITHOUT FURTHER CHANGE FOR THE NEXT
THREE YEARS
Item #16K4
A SETTLEMENT AGREEMENT IN THE AMOUNT OF $5,000
TO SETTLE THE LAWSUIT STYLED MICHAEL PETRAITIS V.
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
NOW PENDING IN THE 20TH JUDICIAL CIRCUIT IN COLLIER
COUNTY
Item #17A
ORDINANCE 2021-10: AMENDING ORDINANCE NO. 2001-55,
AS AMENDED (THE ADVISORY BOARD ORDINANCE), TO
ENCOURAGE APPOINTMENTS TO ADVISORY BOARDS
THAT BETTER REFLECT THE DEMOGRAPHIC AND
GEOGRAPHIC POPULATION OF THE COUNTY
Item #17B
ORDINANCE 2021-11: ESTABLISHING THE HYDE PARK
COMMUNITY DEVELOPMENT DISTRICT (CDD) PURSUANT
TO SECTION 190.005(2), FLORIDA STATUTES
Item #17C
March 9, 2021
Page 175
ORDINANCE 2021-12: AMENDING ORDINANCE NO. 89-05,
AS AMENDED, THE COLLIER COUNTY GROWTH
MANAGEMENT PLAN SPECIFICALLY AMENDING THE
FUTURE LAND USE ELEMENT TO AMEND THE
BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT
OVERLAY TO ALLOW UP TO 127 MULTI-FAMILY
RESIDENTIAL DWELLING UNITS IN THE CAMDEN
LANDING RESIDENTIAL PLANNED UNIT DEVELOPMENT
(PL20190001387), AND FURTHERMORE DIRECTING
TRANSMITTAL OF THE ADOPTION AMENDMENT TO THE
FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY;
AND PROVIDING FOR SEVERABILITY AND PROVIDING FOR
AN EFFECTIVE DATE. THE SUBJECT PROPERTY IS
LOCATED AT THE NORTHEAST CORNER OF BAYSHORE
DRIVE AND THOMASSON ROAD, IN SECTION 14, TOWNSHIP
50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 9.93± ACRES; (ADOPTION HEARING) (THIS
IS A COMPANION TO AGENDA ITEM #17D)
Item #17D
ORDINANCE 2021-13: AMENDING ORDINANCE NUMBER
2005-63, AS AMENDED, THE CIRRUS POINTE RESIDENTIAL
PLANNED UNIT DEVELOPMENT (RPUD) TO ALLOW A
MAXIMUM NUMBER OF 127 RESIDENTIAL DWELLING
UNITS; BY CHANGING THE NAME OF THE RPUD TO
CAMDEN LANDING RPUD; BY ADDING AN AMENITY AREA;
BY REVISING THE MASTER PLAN; BY DELETING EXHIBIT
B, THE WATER MANAGEMENT/UTILITY PLAN; BY
DELETING EXHIBIT C, THE LOCATION MAP; BY REMOVING
STATEMENT OF COMPLIANCE AND REVISING PROJECT
March 9, 2021
Page 176
DEVELOPMENT REQUIREMENTS; BY ADDING A PARKING
DEVIATION FOR RECREATIONAL AMENITIES AND A
DEVIATION TO REDUCE THE OPEN SPACE REQUIREMENT;
AND BY DELETING AND TERMINATING THE AFFORDABLE
HOUSING DENSITY BONUS AGREEMENT. THE SUBJECT
PROPERTY IS LOCATED WITHIN THE RESIDENTIAL
SUBDISTRICT 2 OF THE BAYSHORE MIXED-USE OVERLAY
ZONING DISTRICT AND IS LOCATED NORTHEAST OF
BAYSHORE DRIVE AND THOMASSON DRIVE IN SECTION
14, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA CONSISTING OF 9.93+/- ACRES; AND BY
PROVIDING AN EFFECTIVE DATE. [THIS IS A COMPANION
TO AGENDA ITEM #17C]
*****
March 9, 2021
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 3:32 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS CONTROL
/,‘ ).„,,p7Z)
WILLIAM L. McDANIEL, JR., ACTING CHAIRMAN
ATTEST:
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CRYSTAL K. KINZEL, CLERK
These minutes appro d by the Board on ( f 3 21 as
presented or as corrected
TRANSCRIPT PREPARED ON BEHALF OF FORT MYERS
COURT REPORTING BY TERRI LEWIS, FPR, COURT
REPORTER AND NOTARY PUBLIC.
Page 177