CCPC Minutes 02/17/2022 TRANSCRIPT OF THE MEETING OF THE
COLLIER COUNTY PLANNING COMMISSION
Naples, Florida
February 17, 2022
LET IT BE REMEMBERED, that the Collier County Planning Commission, in and for the County of
Collier, 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:
Edwin Fryer, Chairman
Karen Homiak, Vice Chair
Karl Fry
Joe Schmitt
Paul Shea
Robert L. Klucik, Jr. (attending remotely)
Christopher T. Vernon
Tom Eastman, Collier County School Board
Representative
ALSO PRESENT:
Raymond V. Bellows, Zoning Manager
Mike Bosi, Planning and Zoning Director
Jeffrey Klatzkow, County Attorney
Heidi Ashton-Cicko, Managing Assistant County Attorney
February 17, 2022
Page 1 of 27
P R O C E E D I N G S
MR. BOSI: Chair, you have a live mic.
CHAIRMAN FRYER: Thank you, Mr. Bosi.
Good morning, ladies and gentlemen, and welcome to the February 17, 2022, meeting of
the Collier County Planning Commission. We haven't seen one another for a while, so I'll say
welcome back to all. Good to see you.
Will everyone please rise for the Pledge of Allegiance.
(The Pledge of Allegiance was recited in unison.)
CHAIRMAN FRYER: Secretary Fry, would you please call the roll, sir.
COMMISSIONER FRY: Thank you, Mr. Chairman.
Mr. Eastman?
MR. EASTMAN: Here.
COMMISSIONER FRY: Mr. Shea?
COMMISSIONER SHEA: Here.
I'm here.
Chairman Fryer?
CHAIRMAN FRYER: Here.
COMMISSIONER FRY: Vice Chair Homiak?
COMMISSIONER HOMIAK: Here.
COMMISSIONER FRY: Mr. Vernon?
COMMISSIONER VERNON: Here.
COMMISSIONER FRY: Mr. Schmitt?
COMMISSIONER SCHMITT: Here.
COMMISSIONER FRY: Mr. Klucik?
COMMISSIONER KLUCIK: Present.
COMMISSIONER FRY: Present. Oh, remote.
Mr. Chairman, we have a quorum of seven.
COMMISSIONER HOMIAK: That was scary.
CHAIRMAN FRYER: Okay. We're going to need to deal with an issue that we cannot
avoid, and that is when we have a commissioner who wishes to participate remotely, under the
ordinance we've got to establish the existence of extraordinary circumstances, which is a decision
that we as the Planning Commission can make, but we have to do that. Did I say that correctly,
County Attorney?
MR. KLATZKOW: I couldn't have said that better myself.
CHAIRMAN FRYER: Well, thank you very much.
So let me ask Commissioner Klucik -- and it's certainly nothing personal against you, sir.
We want to find a way to get you to participate. But the standard now under the new law is
extraordinary circumstances. So you have the floor.
COMMISSIONER KLUCIK: Well, I mean, we have one agenda item, and it's not
controversial, and it -- you know, it would take me more time to drive in and, you know, harming
the environment as well to make all that carbon.
You know, and that's -- seriously, it's -- I think our agenda is so light today that it doesn't
make sense to waste resources coming in. I think that's an extraordinary circumstance but,
obviously, that's up to you-all to decide whether you think that's true or not.
CHAIRMAN FRYER: Planning Commission?
COMMISSIONER SCHMITT: I make a motion that we allow for remote, I guess, or
extraordinary circumstances for remote participation.
CHAIRMAN FRYER: Okay. So a finding of extraordinary circumstances?
COMMISSIONER SCHMITT: Yes.
CHAIRMAN FRYER: All right. Is there a second to that?
COMMISSIONER FRY: Well, I have a question.
February 17, 2022
Page 2 of 27
CHAIRMAN FRYER: Yeah, we're going to have discussion. See if we can get a second
first and then --
COMMISSIONER SHEA: Second.
CHAIRMAN FRYER: Second. Okay. Now let's have discussion.
Commissioner Fry.
COMMISSIONER FRY: My only -- obviously, I would like Robb to participate. But
my only question is, if we grant extraordinary circumstances for this, what would not be
extraordinary circumstances in the future?
CHAIRMAN FRYER: I share the same concern. And the two concerns you expressed,
the first one, that we -- that we don't want to deprive Commissioner Klucik of participating, but
we've got -- I mean, we're saddled with a statute or an ordinance, rather, that speaks in terms of
extraordinary circumstances which it's our prerogative to find and we can, and a motion's been duly
made and seconded. I'm uneasy voting yes on this unless it's yes with caveats going forward. I
think I could see my way clear on that.
COMMISSIONER KLUCIK: I didn't -- I'm sorry, Mr. Chairman. I didn't catch the -- I
didn't catch the "unless" part. It was broken up.
CHAIRMAN FRYER: Oh. I'm concerned about setting a precedent because one could
argue, I think, rather persuasively that these are not extraordinary circumstances; however, you did
bring forth points that have been considered and, in fact, were sufficient for one commissioner to
move and another to second that you be allowed to participate. I could see myself voting in favor
of this but with a caveat that the next time this comes around I'd like to hear more extraordinary
circumstances before I would personally be able to vote yes. And I don't know what other
commissioners have to say about this.
COMMISSIONER SCHMITT: Can I add, from a standpoint of participation from
Immokalee, of course, it's a long drive. Many years ago this board approved and the Board of
County Commissioners approved a -- the ability to request compensation for cost of travel from
Immokalee. And from that standpoint, in this regard, since it's only one item, I think
the -- having -- not having to request compensation for travel from Immokalee, that it was in the
best interest of the government to avoid having to make that payment and just have him participate
by phone. So I think that's a circumstance we ought to consider.
CHAIRMAN FRYER: Good point.
I'd like to hear from other Planning Commissions before we call the question.
COMMISSIONER SHEA: Does this set a precedent that the next time the same argument
would be considered unusual circumstances since we voted on it today?
CHAIRMAN FRYER: Well --
COMMISSIONER SHEA: Because I personally don't feel like it is even though I
seconded it.
CHAIRMAN FRYER: When it comes to rezones, we don't establish precedence for
ourselves.
COMMISSIONER SHEA: Okay.
CHAIRMAN FRYER: And that is the teaching of our County Attorney and has been for
a long, long time. Each case is unique. But the question here is not quite like that, because two
or three circumstances have been stated, and if those very same two or three circumstances are
stated again, if not a legal precedent, it would arguably be a rational precedent to follow. And I
think I'm starting to see where I want to go on this, but --
COMMISSIONER SHEA: Can we ask a procedural question?
CHAIRMAN FRYER: Sure.
COMMISSIONER SHEA: So if we vote that he can't participate, can he listen and offer
comment and just not vote? What does that mean if we say no?
CHAIRMAN FRYER: County Attorney?
MR. KLATZKOW: If the -- if the Planning Commission says no, we're going to turn the
February 17, 2022
Page 3 of 27
phone off.
COMMISSIONER SHEA: Okay.
COMMISSIONER SCHMITT: Well, my concern is that this petition involves a request
from Immokalee.
COMMISSIONER SHEA: Exactly.
COMMISSIONER SCHMITT: And I think it's in the best interest of the community and
of the county staff as well as the applicant that we hear from our representative from Immokalee.
COMMISSIONER SHEA: Okay.
MR. KLATZKOW: Can we just get some perspective on this. The rule that you must be
in person absent extraordinary -- a finding of extraordinary circumstances is an Attorney General
Opinion. It's not a statute. There's no case law on this. Just one opinion. And the opinion's
been followed in this state ever since by everybody, but with the advent of COVID it got relaxed,
and people have not returned back to the practice they had before. We've got, on the TDC, a
member that frequently if not always appears remotely. We've had other advisory boards do the
same.
It's your finding for extraordinary circumstances, but I will tell you that unless Mr. Wright
would object -- would you object to the remote participation, Jeff?
MR. WRIGHT: No. He'll be sitting where our project is, so we're fine with that.
MR. KLATZKOW: So since -- there's no harm no foul in it with any waiver of objection.
So, again, it's completely your discretion. But 2022 is a different world than 2018, and the
legislation hasn't caught up with it yet.
CHAIRMAN FRYER: Thank you. Vice Chair.
COMMISSIONER KLUCIK: Mr. Chairman.
CHAIRMAN FRYER: One second, Commissioner.
COMMISSIONER HOMIAK: I just think maybe since it is in the -- he represents that
district --
CHAIRMAN FRYER: That's another factor, yeah.
COMMISSIONER HOMIAK: -- this time we would allow it. I don't think it should be
all the time, but...
CHAIRMAN FRYER: Commissioner Vernon, did you want to be heard on this?
COMMISSIONER VERNON: Yeah, I just -- Commissioner Klucik, I didn't think his
circumstances that he identified are extraordinary, and I don't think we should follow that rule. I
think what Joe said is an extraordinary circumstance, so I think we should let him participate
remotely based on the extraordinary circumstance outlined by Commissioner Schmitt.
And I do think Commissioner Schmitt also brings up a good point, it's a struggle here,
because I think from a public perception standpoint, we should all be here in person. But, at the
same time, I don't want to chill who we get as a candidate because they're all the way out in
Immokalee, and it is a burden to come all the way from Immokalee.
So I guess my point of view is we should go ahead and vote for him to participate today
remotely based on the extraordinary circumstances set forth but that we probably ought to have a
bigger discussion maybe on another day how we address the issue that Immokalee is a long way
away from this building, and we want the best candidates participating, but we would, for a lot of
reasons, prefer to have them here in person.
CHAIRMAN FRYER: Thank you. Mr. Eastman, and then we'll ask Mr. Klucik to speak
again.
MR. EASTMAN: I agree with everything that was said and support Commissioner
Schmitt and just wanted to add that we can make a decision specific to this particular item;
therefore, it's not precedential at all.
CHAIRMAN FRYER: Interesting point. Thank you.
Anybody else want to be --
COMMISSIONER HOMIAK: Just one more comment.
February 17, 2022
Page 4 of 27
CHAIRMAN FRYER: Yeah. Go ahead.
COMMISSIONER HOMIAK: Paul Midney did come from Immokalee, and he did it for
years, and he was here every meeting unless he was in whatever country he went to on vacation
where his wife lived. That was it.
COMMISSIONER SCHMITT: And that was one of the reasons he offered -- back even
when I was part of the staff we offered compensation for travel, which I don't know if he ever
submitted, but it was certainly an option.
COMMISSIONER HOMIAK: I think he did. Did he? Yeah, yeah, I thought he did.
CHAIRMAN FRYER: Commissioner Klucik.
COMMISSIONER KLUCIK: I would simply say that I certainly -- you know, everyone's
making good points, and I think this is something that it would make perfect sense, and I think it
would be -- I would hope that's what, you know, the Commission would do. We would judge each
situation and make a call, and if it's -- you know, if it seems like it's abusive, you know, then,
obviously, that's a -- you know, that can be voted no if -- you know, if I were to ask every time, for
instance, to do that, then I wouldn't expect that to be approved.
I think, you know, each meeting is going to present different circumstances. And I
certainly understand that it's far better for me to be there in person and, you know, would make
every effort to do that when -- when it doesn't seem that the circumstances would be appropriate to
request otherwise. So I appreciate everyone's consideration.
CHAIRMAN FRYER: Thank you.
Commissioner Fry.
COMMISSIONER FRY: So, Robb, my question is, how do you determine when you feel
it's worth making the trip? I mean, you said this is one item. It's not contested. Moving
forward -- I'm inclined to vote for it today, but I believe you lose a lot by not being here, and you
just said it, and I think it was part of the commitment we made. And I realize you live out there.
I'm going to consider compensation.
COMMISSIONER KLUCIK: In this case, speaking -- I'm sorry. You're --
COMMISSIONER FRY: Oh, I was just going to say I would vote for -- I would vote for
it for this one case.
COMMISSIONER KLUCIK: In this case, you know, just speaking with staff, it seemed
like it was extremely -- right.
CHAIRMAN FRYER: I think Commissioner Fry is in the middle of a sentence.
COMMISSIONER FRY: I would just say, Robb, I mean, I will vote for it for this agenda
item, but moving forward I would find it more difficult to do so because I do think there's a lot lost
when you're not here. I think your input is valuable, and I think it's part of the commitment we
made. If compensation has to be put on the table, I'd be happy to have that conversation. I
just -- I think that you should be here. I think you add more value when you're here, and it's -- we
all make the commitment. I don't believe it's our role to judge when it's important for us to be here
or not. I think it's a part of the commitment that we made. I understand it's a long drive.
So I would just say, moving forward I'm going to have a hard time voting for it again, but
today I absolutely will.
CHAIRMAN FRYER: Thank you.
And no one else is signaling. I'm going to vote yes on it today, and Commissioner Fry
expressed my reservations well, so I won't repeat them.
Any further discussion?
(No response.)
CHAIRMAN FRYER: If not, all those in favor of finding extraordinary circumstances
and permitting Commissioner Klucik to participate remotely, please say aye.
COMMISSIONER SHEA: Aye.
COMMISSIONER FRY: Aye.
CHAIRMAN FRYER: Aye.
February 17, 2022
Page 5 of 27
COMMISSIONER VERNON: Aye.
COMMISSIONER HOMIAK: Aye.
COMMISSIONER SCHMITT: Aye.
COMMISSIONER KLUCIK: (No verbal response.)
CHAIRMAN FRYER: Opposed?
(No response.)
CHAIRMAN FRYER: It passes unanimously.
Welcome, Commissioner Klucik.
COMMISSIONER KLUCIK: Thank you.
CHAIRMAN FRYER: All right. So we are a full house. We've got seven.
Addenda to the agenda. I'm going to say a couple things and then turn it over to
Mr. Bellows.
First of all, I see that the Bayshore/Gateway Triangle murals matter has been continued
indefinitely. It had been continued to a date certain, namely today. And I had a conversation
with staff about this. I just want to get -- make public what has gone on, not much, but a little bit
has gone on in the background, so that the public knows where we are, why we're not hearing that
at this meeting.
And also I'm going to ask for a status report on the Golden Gate Golf Course project which
I know is coming up on 3/17. But if there's something more you want to say about it, that would
be great as well. So, County Attorney.
MR. KLATZKOW: Yeah, on the mural, I hijacked it. Based on the comments from the
Planning Commission, I basically hijacked the process. I've completely revamped it. It's going to
come back to you as a grant program.
COMMISSIONER VERNON: As a what?
MR. KLATZKOW: As a grant program. So if somebody wants to apply for a mural, if
it's accepted, we'll help finance the mural. With that -- since you can pay for whatever you want to
pay for, it gets rid of the content-neutral issue.
The ordinance has been prepared. It's submitted to staff. Staff is reviewing it. It's going
to have to go to, I imagine, the advisory board, the CRA, for them to review, but that's what's going
to come to this board.
CHAIRMAN FRYER: Thank you, County Attorney.
And, Commissioner Klucik, thank you. When you brought that up, I shared those same
concerns, regulation of speech based upon content is just not permissible under the First
Amendment of the U.S. Constitution. So I'm glad that this is being looked at again, and I'm sure
that when it comes back it's going to be stronger and more defensible.
MR. KLATZKOW: Oh, it's going to be outstanding.
CHAIRMAN FRYER: I know it's in good hands. Thank you for that.
Then anything further on the golf course? It's coming back on the 17th, but any further to
report specifically?
MR. BELLOWS: For the record, Ray Bellows. Nothing further. This is being
processed like any other land-use item, and it's as scheduled for the 17th.
CHAIRMAN FRYER: Okay. Thank you very much. Last thing that I want to mention
under amendments to the agenda is I know that we have all assessed the agenda for today and have
probably come to the conclusion that it's going to be a very short meeting. And when I look at the
absence of people in the chambers here, I suspect that it will, indeed, be a short meeting.
However, this might be a decent time, when we come to old business and new business, if
there are things that a planning commissioner wants to bring up to talk about, not to extend this
inordinately, but that might be a good time. And I've got one thing that I'd like to bring up at that
point, and I'll save it for then. But others be thinking, if you've got something that you want to
bring up for just discussion, today would be a good day because of the absence of a lengthy
agenda.
February 17, 2022
Page 6 of 27
And with that, I will go to approval. Oh, Planning Commission absences. We're not
meeting on March 3rd, correct?
MR. BELLOWS: Correct.
CHAIRMAN FRYER: Okay. But everything seems to have -- will have caught up with
us by the time of March 17, and based on the look-ahead that Mr. Bellows sent out, we're going to
have a busy day on the 17th. So I'd ask anyone know whether he or she will not be able to attend
on the 17th?
COMMISSIONER VERNON: St. Patrick's Day. You're going to make me work on St.
Patrick's Day?
CHAIRMAN FRYER: Well, we'll get you out of here before 5:00 p.m.
COMMISSIONER HOMIAK: You can drink.
CHAIRMAN FRYER: Yeah, Mr. Bosi.
COMMISSIONER SCHMITT: It's a voluntary position. You can have all you want.
CHAIRMAN FRYER: Mr. Bosi.
MR. BOSI: Thank you, Chair. Mike Bosi, Zoning Director.
One question I did want to broach with the Planning Commission related to the
St. Patrick's Day, March 17th agenda. There's five items on it, and I had coordinated with
Housing. Housing was going -- it was intended and wants to provide a Housing 101 overview to
the Planning Commission to talk about affordable housing, the issue of supply and demand, where
we're at, where we hope to be, some of the initiatives that the Board or the Planning Commission is
going to be presented in short order within the next couple months related to some additional
affordable housing initiatives that were recommended back from the 2017 ULI Housing Plan that
the Board recommended the final list, so to speak, related to Growth Management Plan
amendments and LDC amendments.
The question was, would we like to still -- I mean, we've got five petitions. We've got a
golf course, a GMP, there's a couple other PUDs. Would we like to try to get that in on the 17th,
or should we just plan on deferring that to the next meeting, the 7th, where we have a little bit
more, I think, time on the agenda?
CHAIRMAN FRYER: Planning Commission?
COMMISSIONER SCHMITT: I would recommend we defer it. I don't see how we're
going to have time to cover that subject plus -- I believe what I saw was five petitions --
MR. BOSI: Yes.
COMMISSIONER SCHMITT: -- being proposed.
COMMISSIONER SHEA: It actually would be nice to have it today.
MR. BOSI: I agree. I agree and that's --
COMMISSIONER SCHMITT: We're ready right now. We're ready.
CHAIRMAN FRYER: Commissioner Shea.
COMMISSIONER SHEA: The question I have is -- I don't know, maybe it's just me, but
I never -- I come to a meeting, and I find out there's no meeting on the 3rd. Either I'm out of the
loop or we're all out of the loop, but I should -- if you know about, it I should know about it.
COMMISSIONER SCHMITT: I only saw it because Ray's --
COMMISSIONER SHEA: I haven't seen it.
COMMISSIONER SCHMITT: -- future planning chart indicated there was no meeting,
and I got the email yesterday.
CHAIRMAN FRYER: That's the --
COMMISSIONER SHEA: Well, my email account is locked out with the county. It
does that all around -- every month around the time of our meetings. So I can't catch the last three
days of emails till after the meeting.
CHAIRMAN FRYER: I'm not sure why that happens, but obviously it's persistent, and
you've mentioned it numerous times. And I --
COMMISSIONER FRY: Perhaps they're telling you something, Paul.
February 17, 2022
Page 7 of 27
COMMISSIONER SHEA: I know. That's what I asked.
CHAIRMAN FRYER: And I wonder -- I mean, I don't want to overload your personal
email or to --
COMMISSIONER SHEA: I'm fine with using personal email but not publishing it for the
general population to reach out to me.
CHAIRMAN FRYER: Yeah. I understand. And -- well --
COMMISSIONER SHEA: But was there something put out?
CHAIRMAN FRYER: Yes, a look-ahead went out.
COMMISSIONER SHEA: The look-ahead is how we would know. I would suggest, if
you're going to cancel the meeting, the minute you know you send a note to all of us saying the
meeting is canceled so we don't have to fend through a document and maybe miss it.
CHAIRMAN FRYER: Then the question becomes, to who -- how should you be
addressed? Which medium? Which email to get it to be sure you get it?
COMMISSIONER SHEA: If it's internal, I'm fine with my personal email address for
Ray, yeah.
CHAIRMAN FRYER: Okay. Good. Then that's what we'll do. I found out about it on
Tuesday because I have a regular meeting with staff, but I know some others do not.
All right. So that covers the 17th. I believe everyone -- or no one indicated that they
would not be able to be here.
COMMISSIONER VERNON: I do have to leave early.
CHAIRMAN FRYER: Okay.
COMMISSIONER VERNON: So I'd probably be able to be here till about 4:00.
COMMISSIONER SHEA: Oh, yeah.
CHAIRMAN FRYER: Okay. But around 4:00 on St. Patrick's Day I think we're all
going to want to be getting out of here.
COMMISSIONER VERNON: It's not a party.
COMMISSIONER HOMIAK: I was going to say.
COMMISSIONER VERNON: I swear, it's not a party.
COMMISSIONER HOMIAK: Maybe we can tell by the way you're dressed.
CHAIRMAN FRYER: That's right.
We've got Commissioner Fry who wishes to speak.
COMMISSIONER FRY: Mike, I wanted to clarify, there are no issues on the 17th where
that affordable housing presentation would be of value, correct?
MR. BOSI: Oh, yeah, there are -- I mean, there is an affordable housing component to the
golf course provision, but that is 100 percent affordable housing that's allocated within the
county-owned property. I'm not really -- it's going to add -- it's going to help with the situation
that you're going to have the overview on, so I don't believe that it's imperative that the Housing
101 be provided before you hear the golf course conversion application.
COMMISSIONER FRY: Thank you. I just wanted to make sure.
CHAIRMAN FRYER: And one of the items, perhaps the only item that I'm going to
bring up when we come to old business or new business, has to do with the Affordable Housing
Committee and us having representation on there. So I'll bring that up at the appropriate time.
Anything else under Planning Commission absences?
(No response.)
CHAIRMAN FRYER: If not, approval of minutes. And we have fully six sets of
minutes before us this morning for action. Those are meetings of October 21; November 4;
November 18, 2:00 p.m.; November 18, 5:05 p.m.; December 2nd; and December 16.
Now, I have a number of proposed changes on the October 21 minutes. They were taken
by a substitute court reporter who did the best job she possibly could but doesn't have the same
institution memory that our regular court reporter does, and so she's to be forgiven. But there were
a number of needed corrections in those minutes.
February 17, 2022
Page 8 of 27
So with that I'm going to ask Mr. Bosi to put something up on the machine. Okay. And
I'll go through these real quickly.
First of all, starting on Page 2, I voted that I was here, so that needs to be added. On
Page 2 again, the secretary said, "Chairman, I have a quorum of seven," and the word "forum" was
typed instead of "quorum." So that change needs to be made.
Page 12, I voted against that motion and that -- my vote -- my no vote was not reflected.
Page 13, the sentence says, "It is also relative to change and conditions," and what is meant, I
believe, was "change in conditions." Page 19, County Attorney Klatzkow is recorded to have said
"you," meaning the Planning Commission, should be a rubber -- "should be rubber stamping it,"
and I know that he meant "shouldn't be rubber stamping it." So that change.
Then on Page 19 we referred to as the CCP and, of course, we're not the Communist Party
of China, so we need to add another C on the end of that so it says CCPC.
Also, Page 22, it says "Emergency Medical Authorities." It should be "authority." On
page 22, the word "sway" is used, and what I said was "assuage," and the word "drill" was used,
and what was typed was "grill." And, again, on Page 22 a second time "grill" needs to be changed
to "drill."
Page 22, again, the sheriffs, plural, and it needs to be the sheriff singular. Page 31, Eric
Fey's name was spelled F-y-e-y, instead of F-e-y. Page 32 it says, "to be a saddle in the back of
the taxpayers," and what was meant was a "saddle on the back." Page 34, "pass them up to the
Board of County Commissioners for the recommendation of approval," and what was meant was
"with the recommendation of approval."
Then on Page 35, Commissioner -- oops, Commissioner Homiak was quoted as saying
"long for me," and, of course, we all long for Commissioner Homiak, but what she meant was
"none for me." She was talking about ex parte communications.
COMMISSIONER HOMIAK: Thank you. I had that one.
CHAIRMAN FRYER: Yeah. But we do long for you.
COMMISSIONER HOMIAK: I'm glad to hear that.
CHAIRMAN FRYER: Yep. Page 46, Mike Bosi was referred to as "my Bosi" and, of
course, he is our Bosi, so we'll put that back to "Mike."
Then on Page 57, the word that I used was "ceded," c-e-d-e-d, and what was typed was
s-e-a-t-e-d, so that change also needs to be made on 58.
And those are all the changes I have. Did I miss any?
(No response.)
CHAIRMAN FRYER: Any other changes for that set of minutes?
(No response.)
MR. EASTMAN: Thank you for that review.
CHAIRMAN FRYER: Any further discussion on the minutes of the 21st?
(No response.)
CHAIRMAN FRYER: If not, I'd entertain a motion.
COMMISSIONER SCHMITT: Make a motion to approve every one of the --
CHAIRMAN FRYER: As amended?
COMMISSIONER SCHMITT: -- minutes as amended.
CHAIRMAN FRYER: Thank you. Okay. If we may, let's just do the 21st.
COMMISSIONER SCHMITT: Make a motion to approve the 21st as amended.
CHAIRMAN FRYER: Thank you.
COMMISSIONER FRY: Is there a second?
COMMISSIONER SCHMITT: Minutes as amended.
CHAIRMAN FRYER: Further discussion?
(No response.)
CHAIRMAN FRYER: If not, all those in favor, please say aye.
COMMISSIONER SHEA: Aye.
February 17, 2022
Page 9 of 27
COMMISSIONER FRY: Aye.
CHAIRMAN FRYER: Aye.
COMMISSIONER VERNON: Aye.
COMMISSIONER HOMIAK: Aye.
COMMISSIONER SCHMITT: Aye.
COMMISSIONER KLUCIK: (No verbal response.)
CHAIRMAN FRYER: Opposed?
(No response.)
CHAIRMAN FRYER: It passes unanimously.
Thank you very much.
Now, the remaining five I don't have any changes on, and so if no one else has any
changes, I think we don't -- we don't need to divide the question. We can vote on them all at once.
And I'm looking up and down the dais here, and it doesn't appear that --
COMMISSIONER HOMIAK: I'll make a motion to approve all the remaining minutes on
our agenda.
CHAIRMAN FRYER: Is there a second?
COMMISSIONER SHEA: Second.
COMMISSIONER SCHMITT: Second.
CHAIRMAN FRYER: Further discussion?
(No response.)
CHAIRMAN FRYER: If not, all those in favor, please say aye.
COMMISSIONER SHEA: Aye.
COMMISSIONER FRY: Aye.
CHAIRMAN FRYER: Aye.
COMMISSIONER VERNON: Aye.
COMMISSIONER HOMIAK: Aye.
COMMISSIONER SCHMITT: Aye.
COMMISSIONER KLUCIK: (No verbal response.)
CHAIRMAN FRYER: Opposed?
(No response.)
CHAIRMAN FRYER: It passes unanimously. Thank you very much.
Now, BCC report. Mr. Bellows.
MR. BELLOWS: Yes. Since the last Planning Commission meeting, the Board of
County Commissioners met twice. The first one was on January 25th. During that meeting they
approved St. Matthew's House CPUD by 5-0 subject to the Planning Commission
recommendations, and then on their summary agenda, they approved the Crews Road RPUD, a
residential Planned Unit Development.
Then on February 8th, the Board of County Commissioners, meeting as the Board of
Zoning Appeals, approved the Benton Road communication tower conditional-use application, and
that was 5-0.
CHAIRMAN FRYER: Thank you. I'll point out also that the St. Matthew's matter
passed by a vote of 3-2, and the Vice Chair and I were the 2. And I'm very glad to report that the
parties got together and resolved the concerns that we'd expressed about security. So it shows that
sometimes what we do matters.
Mr. Bosi.
MR. BOSI: And I just wanted to just remind the Planning Commission and the viewing
audience, the Planning Commission did a tremendous job on that. There was two hearings, and
we thought we were going to have the entire replay of those two hearings play out in front of the
Board of County Commissioners, and in the last minute they came to an agreement, and I think it
has everything to do with the amount of time and the effort and the energy and the focus that the
Planning Commission applied to that petition. So, absolutely, the work that you guys do within
February 17, 2022
Page 10 of 27
these chambers most certainly has value.
CHAIRMAN FRYER: Thank you, Mr. Bosi. And my compliments, of course, to the
Planning Commission for the very same reasons.
Chairman's report, I've got a couple things here. First of all, a very happy note,
congratulations are in order to our own Trinity Scott and Jamie French. On February 8, 2022, on
recommendation of County Manager Mark Isackson, the Board of County Commissioners
promoted Ms. Scott to the position of Department Head Transportation Management Services and
promoted Mr. French to the position of department Head Growth Management Community
Development. Both have been serving as deputy department heads. So let's please have a hearty
round of applause for Trinity and Jamie.
(Applause.)
COMMISSIONER SCHMITT: Jamie's come a long way.
CHAIRMAN FRYER: Second, just as a matter that I was going to bring up, when
we -- when we hear the golf course, but I'll say it now anyway, that in -- or on April 29 of 2021, the
Florida legislature passed House Bill 487, and the Governor signed it into law. It's legislation that
basically increased the maximum of acreage of what we call small-scale comprehensive plan
amendments from 10 acres to 50 acres, and that's why the golf course qualifies as a small-scale
Growth Management Plan. But I wanted to bring that to everyone's attention. And that is all I
have under Chairman's report.
Consent agenda, none today.
***Public hearings, we have one, and I see Mr. Wright at the ready. And this is
PL20210001637. It's a CPUDA for the Immokalee 7-Eleven Commercial Planned Unit
Development, CPUD. All those wishing to testify in this matter, please rise to be sworn in by the
court reporter.
(The speakers were duly sworn and indicated in the affirmative.)
CHAIRMAN FRYER: Thank you very much.
Ex parte disclosures, if I may, starting with Mr. Eastman.
MR. EASTMAN: None.
COMMISSIONER SHEA: Staff materials only.
COMMISSIONER FRY: Ditto.
CHAIRMAN FRYER: Staff materials and my meeting with staff.
COMMISSIONER HOMIAK: None for me.
COMMISSIONER VERNON: Meeting with staff.
COMMISSIONER SCHMITT: Nothing to report; none from me as well.
CHAIRMAN FRYER: Commissioner Klucik? Commissioner Klucik?
COMMISSIONER KLUCIK: Just staff -- meeting with staff; that was it.
CHAIRMAN FRYER: Thank you, sir.
With that, we will begin with applicant's --
COMMISSIONER KLUCIK: Just meeting with the staff.
CHAIRMAN FRYER: Yes, sir. We heard you. Thank you very much.
Mr. Wright, the Chair recognizes you.
MR. WRIGHT: Good morning, Mr. Chairman, Commissioners. I'm Jeff Wright with the
Henderson Franklin law firm here on behalf of the applicant.
We have our project team with us today: Lauren Evans, our project manager; Fred
Drovlic, our planner; Michelle Salberg, our engineer; and Yury Bykau, our transportation
consultant.
We're here seeking your recommendation of approval to amend the Immokalee 7-Eleven
CPUD to remove the car wash use and to add eating place with drive-through and also food store
uses to the existing PUD.
The location -- this might look familiar. You saw it not too long ago. I think it was May
that this was before you. It was approved by the Board of County Commissioners in June. But
February 17, 2022
Page 11 of 27
the project's located at the northwest corner of 9th and Main. It's about three acres in size.
And we've reviewed the staff report. We agree with staff's analysis and the
recommendation of approval. We're not adding any deviations. There is one existing deviation
from the prior approval relating to parking on the frontage towards Main Street. We're not -- we're
not going to add any deviations beyond that existing one staying in place.
And with that, like I said, we agree with staff's recommendation of approval. And Fred's
going to get into some more of the details in his presentation. With that, I'll turn it over to Fred.
Thank you.
CHAIRMAN FRYER: Thank you, Mr. Wright.
MR. DROVLIC: Good morning. Thanks for your time and your effort. My name's
Fred Drovlic from RVI Planning. And I'll go over some details. I know this is not overly
complicated, but I do want to reorient because there's some minor changes to the site plan, and so I
don't want to assume that everything's just fine. So I'll go into a little bit of detail and then be here
for questions.
So the site plan -- this is the new site plan. I'll have the next slide that will compare the
previously approved to this one so that we can see it side by side. I just wanted to go over quickly
what is already approved and what we're proposing on this site plan.
So the food store itself, the convenience store in the center that's marked "food store," is up
to 5,250 square feet. We haven't changed the number of pumps. It's still eight MPDs, which is
16 fueling positions. And we have not changed the amount of diesel -- the amount of fueling
positions in the diesel canopy. That still remains four.
There's indoor eating areas and outdoor seating areas. As we'll see the outdoor seating
moved from two different places, one to front and one to back, and we consolidated to a larger
place in the rear. There's still two pedestrian connections, one on North 9th and one on Main
Street, and there's a -- up front on the corner of north -- of North 9th and West Main, there's going
to be a concrete area that's going to be able to be for pedestrians to sit or, you know, there'll be
probably a bench or some kind of design there for people to be able to sit that's consistent with the
rest of that stretch of the roadway.
Bike racks at the rear, and potential -- the vehicle interconnection to the west with shared
access easement provided. That's -- up where it's marked "dumpster location," there's dotted lines,
and we're still providing a potential interconnect to the property next door. This property's three
acres. The property next door's four acres. And this was originally one parcel that has
been -- will be subdivided and re-platted for this three-acre parcel for the gas station. There's still
a four-acre parcel that remains to potentially be developed commercially, so there's an
interconnection there.
Here is the side-by-side, and I highlighted a few things. So on your left the proposed
amendment -- amended site plan, I highlighted the things that have either moved a little bit or
changed and some of the things that haven't.
So one thing, up on the north part of it, there is an increased drive width, so the store has
been moved forward a little bit towards West Main because we needed to make additional room for
the trucks and cars to pass through and the drive-through lane. So the distance there moved a little
bit. We've moved -- like I said, we've moved all outdoor seating to the back. We still do have
additional -- a lot of bike racks, because that's a popular way of transportation, especially to get to
these stores. So we have additional bike racks in the back as well, so those things are centralized
in the rear.
There's a -- because we don't have the car wash on the west side of the store anymore, we
just have the drive-through, there's a little bit more room there, so we were able to open up the site
plan a little. That truck parking and loading zone and the distance between where, you know,
consumer traffic would travel and the diesel trucks is now widened, and we're not showing parking
spaces there. So any conflicts that were in the prior site plan have been eliminated there or at least
made much better.
February 17, 2022
Page 12 of 27
And then no buffer changes around. All the distances and everything else have been
changed. As Jeff said, no additional deviations or other changes to the site plan or conditions.
All right. We know the zoning, it's a CPUD that was just approved. The reason -- really
reason we're back here is that about three-quarters of the way through this process and probably
within weeks of already having this Planning Commission meeting scheduled, 7-Eleven's working
on prototypes of this drive-through in Texas and other places. They've had a number of them up
and operating. They felt this was a great opportunity. We didn't have the eating places that
allows drive-throughs on this schedule of uses, so -- but at that time we decided it was better to just
finish the process that we were in instead of go back up and then come back in, because they
weren't even completely sure this was the right place. But now, throughout their due diligence
process, they decided it was, committed to it, and so we came back in with a PUDA. It was really
to add the drive-through and the eating place.
We had another neighborhood information meeting. Nobody showed up for that one, so
we didn't have any input. I did go to the Immokalee CRA and re-present the changes, and they
made a vote at that meeting to support the changes, so we did revisit with them. And we have no
other express concerns, just excitement from the -- from the community to get this thing up and
going.
And Creighton Development is committed to -- we've had to actually delay the
construction contracts a few times because of this, but now they're ready to get going.
So with that, we believe it's consistent with the Growth Management Plan, consistent with
the Immokalee Main Street Overlay Subdistrict and with the deviation previously approved
supported by the Immokalee CRA, and we've had meetings, you know, with the Chamber of
Commerce several times, and no public opposition.
So I am here for questions if you have them.
CHAIRMAN FRYER: Thank you.
Commissioner Fry.
COMMISSIONER FRY: Fred?
MR. DROVLIC: Yes.
COMMISSIONER FRY: Are you able to tell us what food operations might be resident
inside 7-Eleven and if not decided for this one, what brands will typically be inside other
7-Elevens?
MR. DROVLIC: Yeah, I don't know if Laura Evans could say with full commitment.
Now, other ones there have been -- Taco Laredo has been one that has been put inside there that
would be the food service part of the drive-through. I'm not sure if we're --
MS. EVANS: That's correct.
MR. DROVLIC: Yeah, so there's a commitment to the Taco Loredo at this location.
COMMISSIONER FRY: Okay. Thank you.
CHAIRMAN FRYER: Commissioner Shea.
COMMISSIONER SHEA: I think this might be for you, Mike. Could you refresh my
memory wellfield risk on the discussion we had on this? Wasn't -- there was discussion on this
property about a wellfield and the fuel pumps. I just don't recall it.
MR. BOSI: Unfortunately, Commissioner, I started in June of 2021 back with the county.
I wasn't here for that hearing. I do know that on a number of gas stations we've had wellfield risk.
I'm not sure if there was one that was provided for --
COMMISSIONER SHEA: We talked about it at -- it was a topic of discussion. I just
don't remember the outcome.
CHAIRMAN FRYER: Ms. Cook, did you want to speak to that?
MS. COOK: Jaime Cook, your director of development review.
I do not believe this is the same property. So the discussion that we had previously about
a gas station is not this same property.
COMMISSIONER SHEA: Okay.
February 17, 2022
Page 13 of 27
MS. COOK: So there is no wellfield protection over this area.
COMMISSIONER SHEA: It's not in a wellfield risk area?
MS. COOK: Correct.
CHAIRMAN FRYER: Thank you.
Mr. Bosi.
MR. BOSI: Within the development commitments related to pollution control, we do
have some -- we have three individual commitments related to pollution control that I think that has
a relationship to proximity to some residential properties that may be within the watershed. So
there have -- there was some discussion, and Pollution Control had suggested some additional
protections for the facility within the PUD.
CHAIRMAN FRYER: Thank you. I have a few -- oh, Commissioner Vernon, go ahead,
sir.
COMMISSIONER VERNON: Yeah. Just kind of -- I guess it's been a long time since
we saw this before. So can you go back to Slide 6. It was up there just before Mike put that up
there. Do you see where the bike racks are?
MR. DROVLIC: Yes.
OPPOSING COUNSEL: On the ingress and egress, that's from the street, right? Right
next to it.
MR. DROVLIC: Oh, on the bike rack --
COMMISSIONER VERNON: The top right-hand corner on the left. I was just
wondering about safety issues. And where exactly are the bike racks?
MR. DROVLIC: Oh, I do see there's -- I actually missed one in the front. So there's one
on the southeast corner near where the walkway painted stripes that connect to the sidewalk on
North 9th. So there's one small one up front, and then there's two in the back.
COMMISSIONER VERNON: Okay. Yeah.
MR. DROVLIC: South.
COMMISSIONER VERNON: I'm getting help --
MR. DROVLIC: Northeast and southeast.
COMMISSIONER VERNON: Yep. I didn't see the arrow. It just looked like the bike
rack's right there with cars coming in.
MR. DROVLIC: Oh, gotcha. In the middle of the --
COMMISSIONER SHEA: I thought there was outdoor seating.
COMMISSIONER VERNON: It didn't feel right to me.
MR. DROVLIC: I'm going to have the engineer come up and explain why we did that.
COMMISSIONER VERNON: The bikes are protecting the patrons. And then what's on
the other side where we are? If you just go to the next property over where the dumpster and the
outdoor eating is, bike rack, what's behind there?
MR. DROVLIC: Dumpster and outdoor seating.
COMMISSIONER VERNON: Same -- what's on the other side of that property?
CHAIRMAN FRYER: You mean north?
COMMISSIONER VERNON: Yeah, I didn't know whether this was north/south
orientation. So the north of this.
MR. DROVLIC: It is. So it would be the north and the west. So the north is residential
property and a house. That is the reason for the extended buffer and the wall. To the west, and it
continues north, is the four acres that were previously part of this overall development. I think I
can show --
COMMISSIONER VERNON: No, that's fine.
MR. DROVLIC: Yeah, there it is. So a little bit of the north --
COMMISSIONER VERNON: I wanted to get a flavor for that.
MR. DROVLIC: -- is the existing four-acre -- the four-acre parcel, and then the northeast
portion is a residential property. So in this area here is a residential home, and then this four acres
February 17, 2022
Page 14 of 27
to the east and north is part of the --
COMMISSIONER VERNON: Yeah. None of those folks are lodging objections to this?
MR. DROVLIC: They are not, no. A while ago we had a call from the resident to the
north, and she just asked, is it an 8-foot wall. What's the distance. And then she said, "Great,
sounds good."
COMMISSIONER VERNON: Thank you.
CHAIRMAN FRYER: Thank you.
Mr. Eastman?
MR. EASTMAN: Will you allow alcohol to be served through the driver-through, or is it
strictly food and nonalcoholic beverages?
MR. DROVLIC: I don't know. A margarita sounds good but not great for maybe driving
around with. So I don't know about that. No.
CHAIRMAN FRYER: I was going to ask the very same question. It's a good one.
MR. EASTMAN: I have an additional --
MR. DROVLIC: No.
MR. EASTMAN: Good. I have an additional question.
MR. DROVLIC: No, not the drive-through.
CHAIRMAN FRYER: Okay. So that can be made a condition of our approval?
MS. EVANS: I don't see why not.
MR. DROVLIC: Yeah, yeah. I think so. Yes. Okay.
CHAIRMAN FRYER: Okay, thank you. Okay.
MR. EASTMAN: My next question relates to noise, like a PA system Order No. 16 ready
or music over loudspeakers. We've had some citizen complaints about those at different projects
in the past. Are you going to have a PA system or music piped over loudspeakers to the outdoor
dining area?
MR. DROVLIC: Yeah, I don't know the answer to that. So you're not asking specifically
about the drive-through part, or you're just asking about outdoor music?
COMMISSIONER SHEA: Probably both.
MR. EASTMAN: Obviously, you need something for the drive-through, right, but that's
relatively low and --
MR. DROVLIC: Yeah.
MR. EASTMAN: -- every order or whatever. But I'm talking about maybe constant
music or loud music to -- atmosphere-related stuff to the outdoor dining area, something like that,
or announcing orders for pickup or something from the outdoor seating to people that come in that
neighbors might find a nuisance or annoying.
MR. DROVLIC: All right. We'll get an answer for that one. I don't know.
MR. WRIGHT: My understanding is that the drive-through is separate from the outdoor
music. The drive-through's going to have a buffer and a lot of room between any residential. The
outdoor music, we have no plans at this point that I'm aware of to pipe any outdoor music there
and, you know, if the Commission wants to place a condition to that effect, we would be -- we
would be agreeable to it.
CHAIRMAN FRYER: Okay. Thank you. And for the record, that was Mr. Jeff Wright
speaking.
MR. WRIGHT: Thank you.
CHAIRMAN FRYER: It seems to me that's a good condition to be in there for this.
COMMISSIONER SHEA: Yes.
MR. WRIGHT: One other related thought on that is that either way we'll comply with the
county's noise ordinance, and we're happy to put that as a condition in there.
MR. KLATZKOW: You don't need a condition that you're going to comply with local
ordinance, Jeff.
MR. WRIGHT: I know. We're happy to add one, but I know we don't need one.
February 17, 2022
Page 15 of 27
CHAIRMAN FRYER: What is that, 65 decibels? It's pretty loud, whatever it is.
Okay. No one else is signaling. I've got just a few here that I'd like to raise.
Okay. SIC Code 5812 -- and almost all of those that you're asking for make sense. There
are a few that I really don't think you want, and I'd like -- if my expectation is correct, I'd like to
have these deleted. Under 5812 SIC code you have caterers and industrial and institutional food
service establishments. I would take it you would be okay removing that?
MR. DROVLIC: Yes.
CHAIRMAN FRYER: All right. And then to the same effect is 5812, 9905, which is
commissary, restaurant and -- excuse me, 9905, and then 9906, which is contract food services;
you're not interested in doing either of those either, correct?
MR. DROVLIC: No. No. Those two are fine.
CHAIRMAN FRYER: Okay. Let me see if I have anything else. No one showed up at
the NIM, so, I mean, no harm was done by this, and certainly it's an immaterial --
COMMISSIONER KLUCIK: Mr. Chairman.
CHAIRMAN FRYER: -- number of increased p.m. peak-hour trips, but at the NIM you
would have presented to the public, if the public had shown up, that you wanted seven additional
trips per hour and now coming to us wanting 10, and that's -- I don't consider that material, but
would you care to offer an explanation as to what happened between when those materials were
presented versus now?
MR. DROVLIC: Yeah, there was just a slight at -- so they originally ran the TIS on
maybe, like, 5,100 feet. We rounded it to 5,250 just because the development program was
coming out really close to that number, and we didn't want to get -- hit a ceiling, go in with a Site
Development Plan that was at 5,101 and have an issue. So in between there, we rounded up,
readjusted the traffic study, and that's where the additional trips came from.
CHAIRMAN FRYER: Okay. Thank you. Any other planning commissioners have
comments at this time? Commissioner Schmitt.
COMMISSIONER KLUCIK: Mr. Chairman?
CHAIRMAN FRYER: Commissioner Klucik, go ahead, sir.
COMMISSIONER KLUCIK: Sure. Okay. So I'm just trying to figure out, you
were -- Mr. Chairman, you seemed to be wanting to limit the approved uses?
CHAIRMAN FRYER: Yes.
COMMISSIONER KLUCIK: You were walking him through things that he wasn't
planning to do. Is that because you're planning to delete those from the authorized uses that
are -- that we vote on?
CHAIRMAN FRYER: Yes.
COMMISSIONER KLUCIK: Okay. I guess I'm just trying to figure out, I mean,
owners, you know, when they come before us, I don't know why we would limit if we're picking a
zoning, unless there's a good reason to, because we want owners to have the flexibility to use their
property in a way that's fitting with the zoning that we approve and, obviously, we can always, you
know, evaluate, you know, what we're recommending for approval. But what is the reason
to -- you know, to hinder the flexibility of the owner?
CHAIRMAN FRYER: I don't see --
COMMISSIONER KLUCIK: And I would say, if the owner has -- you know, doesn't
care, that's fine, but I think it's a discussion worth having.
CHAIRMAN FRYER: Well, all right. That's a good point. Let me explain. This has
been a concern of long standing for me that I think -- and I'm not singling out this applicant or
these agents, but we have people coming before us who really don't look very carefully at the SIC
codes that they're asking for, and many times there are -- there are permitted uses in those SIC
codes that go far beyond what they're intending, and they can always come back later. If they
decide that they want to start up a caterer or an industrial and institution food service, they can
come back. But, I mean, that is a very significant difference from the 7-Eleven.
February 17, 2022
Page 16 of 27
And so I like to right-size the permitted uses to match what the present intentions and
reasonable future expectations are of an applicant. And so that's why I did this today and why I
have done it many times in the past and will continue to do so.
And I think, and I won't put words in the applicant's mouth, but I don't think the applicant
objects to my request; is that correct?
MR. DROVLIC: I don't. I agree that -- I would look at overall -- I'd view these things is
that SIC code, overall, compatible with the area. If we did come back with that, would it likely be
approved? And then if it would, then what's the harm in allowing it now?
So we know the intention of this property. We know how it's going to be built. So in that
way, I don't want to make more trouble than necessary. But as a consultant in general fighting for
the client, I would -- I would argue with that more normally if this wasn't such a definitive
development program.
CHAIRMAN FRYER: Well -- and it is a definitive one, and nobody showed up at the
NIM, and quite possibly it's because they understood that this was a 7-Eleven where they're going
to swap out car wash and swap in the window service. And so, you know, if that's all that it is to
them and to us, I think it's a great idea, and it makes sense that you are adapting to a different view
of changed circumstances in that marketplace.
MR. DROVLIC: Yeah.
CHAIRMAN FRYER: I just want to be sure that we confine ourselves to what really
would be consistent with what the -- what the expectations of the neighbors would be. And I think
these large institutional areas -- first of all, there's nothing that you guys intend to do now, and if
someone intended to do it later on, they should, I think, come back for a rezone and have another
NIM and see what the neighbors had to say.
MR. DROVLIC: I don't normally side completely with removing a use, but in this case I
would -- I think there's value there because a lot of this was -- in order to get this automobile
separation waiver approved in the first place from the Handy Store next door, in order for the CRA
to feel really good about this project, it was that it was serving the pedestrian population there, that
it was going to be -- it's needed, it's needed for the diesel services. There's a lot of reasons,
specifically to this site, that it was favorably looked upon by the community that an industrial
caterer would not be because it's not serving anybody except other businesses and companies.
So -- and this way that's why I'm willing to say I agree and that use is fine.
CHAIRMAN FRYER: Thank you. I appreciate your statements and the reasonableness
that is behind it.
Commissioner Schmitt.
COMMISSIONER KLUCIK: Mr. Chairman?
CHAIRMAN FRYER: Commissioner Schmitt.
COMMISSIONER KLUCIK: Mr. Chairman?
CHAIRMAN FRYER: Yes, sir. Yes, Commissioner Klucik.
COMMISSIONER KLUCIK: Oh, I just was -- I appreciate that discussion, and I'm fine.
You know, I have no problem now --
CHAIRMAN FRYER: Okay.
COMMISSIONER KLUCIK: -- having heard that.
CHAIRMAN FRYER: All right, sir.
Commissioner Schmitt.
COMMISSIONER SCHMITT: I just want to follow up with Robb's statement. I want
to, for the record, make it clear we have routinely reviewed SIC code uses and eliminated
individual uses from the laundry list of SIC codes in reviewing land petitions, and this is not
unusual. And I thank the Chairman for diligently reviewing the list, because I didn't pick any of
those out, and I thank you. That's routinely done by the Planning Commission.
So, Robb, just understand that we have routinely in the past eliminated specific uses from
the laundry list of SIC code items on straight zoning.
February 17, 2022
Page 17 of 27
COMMISSIONER KLUCIK: Yeah, no. I appreciate that very much, and I --
COMMISSIONER SCHMITT: Okay.
CHAIRMAN FRYER: Thank you.
COMMISSIONER KLUCIK: I appreciate that very much, and I would just say that it
wasn't clear to me, you know, if the petitioner -- you know, what the petitioner view on that was,
and I think that in this case it seems as though there's no concern on anyone's part, and it would be
good to, you know, to pull those out, you know, and take them off the list. So I appreciate what
you're saying, and that pattern and practice of our commission to look into those things, so thank
you.
CHAIRMAN FRYER: Thank you, Commissioner Klucik, and thank you, Commissioner
Schmitt. And now I'll call on Commissioner Vernon.
COMMISSIONER VERNON: Actually, Joe answered my question. I was going to ask
Jeff, because I never really thought about it. But I think, you know, based on what the Chairman
said, and apparently we've done it this way historically, you know, if somebody comes to us and
has a NIM and says we're going to do this with it, I don't -- I think the proper protocol is to approve
that thing that they want to do, not to approve a laundry list of stuff that they may change their
minds and do something later without a NIM. So I agree with you.
CHAIRMAN FRYER: Thank you, Commissioner.
Commissioner Shea.
COMMISSIONER SHEA: Actually, I wanted to follow up with Joe as more of an
educational on the SIC codes. We use them a lot. I understand what they are. Are we -- do we
have our own that we adopt, or do we adopt a national or a state group of SIC codes? Because it
sounds like it must be local, because we are changing them.
COMMISSIONER SCHMITT: We adopt a national SIC codes, a laundry list. Go ahead,
Jeff.
MR. KLATZKOW: Okay. In straight zoning, you've have got a laundry list of activities,
okay, and they're tied to SIC codes. In a PUD, the concept about a PUD is that it's a -- it's not an
off-the-rack zoning. It's a tailormade zoning, all right, and as a tailormade zoning if there are
certain uses that you don't think it's appropriate for this area. It might impact the neighbors,
traffic, whatever. It is your prerogative to cut it down. If they were looking for, like, straight
zoning, we just want everything C-3 --
COMMISSIONER SCHMITT: Right.
MR. KLATZKOW: -- it might be a different discussion. But, again, this is a PUD.
PUDs are tailormade to the property, and you're well within your parameters to cut it down.
COMMISSIONER VERNON: That's super helpful. Thank you.
CHAIRMAN FRYER: Thank you. Vice Chair Homiak.
COMMISSIONER SCHMITT: We used to get the SIC codes books. I think some of us
still have --
COMMISSIONER HOMIAK: I have them.
CHAIRMAN FRYER: It's also on the Internet.
COMMISSIONER SCHMITT: It's on the Internet. It's a standard SIC code and the
listing.
MR. KLATZKOW: And they are out of date.
COMMISSIONER SCHMITT: They're out of date, yeah, they are.
COMMISSIONER HOMIAK: Exhibit A, on your principal uses, A3 where it's the SIC
code, it should be 5411 for grocery stores, not food service and not the 4511.02. It should be
grocery stores and 5411 in parentheses.
MR. WRIGHT: I'm looking at the proposed ordinance, the list of uses.
CHAIRMAN FRYER: I think so, as Vice Chair Homiak -- it's A3.
COMMISSIONER HOMIAK: Three?
MR. WRIGHT: For the record, Jeff Wright. I do see food stores, Group 5111.02, and I
February 17, 2022
Page 18 of 27
was just pulling it up as you were talking.
COMMISSIONER HOMIAK: SIC code is 5411 for grocery stores. There's no -- I don't
see a food store. It's not listed in the SIC code as food stores. It's grocery stores.
MR. WRIGHT: And I had 5812 up. Just a second here. I want to look that up. I think
5411 -- I have the SIC code access. 5411 is the general category for grocery stores, and we're
fine --
CHAIRMAN FRYER: What is Subcategory 02, just for curiosity's sake?
MR. WRIGHT: I'm looking it up here.
MR. BOSI: Chair, that's listed as snack products.
CHAIRMAN FRYER: Okay.
MR. WRIGHT: And we're fine. If staff is fine, we could either have it the way it is,
5111.02 with the snack products, or just 5411, which is a broader category that would include the
grocery.
COMMISSIONER HOMIAK: Well, you're having -- it says you're a 5,250-square-foot
food store. So is it a -- you're having -- it's a grocery store or --
MR. WRIGHT: Well, there's one principal structure, and it's the convenience store. It's
labeled as a food store. And, really, this actually came up late in our preparation here today. And
I asked, why do we have food stores on there? And the reason we have food stores is first of all
Immokalee's a fairly unique community, and you might have some fruit or something like that that
you need to sell, but it was really just to make sure we covered everything so we didn't have to do
this again.
COMMISSIONER HOMIAK: That would be grocery store.
MR. WRIGHT: 5411?
COMMISSIONER HOMIAK: Yeah.
MR. WRIGHT: Well, I'm not sure if staff has a recommendation for us to --
MR. BOSI: Let me provide a little clarification. The six digit is not normally customized
or utilized --
COMMISSIONER HOMIAK: Don't use.
MR. BOSI: -- within our PUDs. 5411, when you go to the SIC code lookup, when they
give examples of 5411, 7-Eleven comes up. I would suggest the Planning Commission
recommend, to simplify, food stores, 5411.
CHAIRMAN FRYER: Is the applicant okay with that? Gives you more latitude.
MR. BOSI: Yes.
COMMISSIONER SCHMITT: And you're going to be selling bread, milk, other
daily-use items. It should be a grocery store. It's a small convenience store, but it's 5411.
MR. WRIGHT: We're okay with that.
CHAIRMAN FRYER: Good point.
MR. WRIGHT: Okay.
CHAIRMAN FRYER: Okay.
COMMISSIONER HOMIAK: And No. 2, the 6,000 square feet or less of gross floor area
in the principal structure, are you -- are you having another 6,000 square feet over the 52-?
MR. WRIGHT: No. And I see that -- I believe what you're pointing out there is that in
the paragraph immediately above A --
COMMISSIONER HOMIAK: Yeah.
MR. WRIGHT: -- there is a specific square footage cap of 5,250, and then in A2 it says,
eating places with drive-through with 6,000 square feet or less, so there's two caps there. I believe
that's what you're referring to --
COMMISSIONER HOMIAK: Yeah.
MR. WRIGHT: -- the discrepancy between those two numbers.
COMMISSIONER HOMIAK: Yes.
MR. WRIGHT: Okay. I think.
February 17, 2022
Page 19 of 27
COMMISSIONER HOMIAK: Well, the first one is for food store and eating
place/drive-through. So why would you have the 6,000?
MR. DROVLIC: The 6,000 is straight from the SIC code description that that's the
category of -- 5812 is described as convenience -- eating places under 6,000 square feet. There's a
different SIC code for eating places that are larger than 6,000 square feet. So that's just -- that's
just the SIC code.
COMMISSIONER HOMIAK: You should leave that out.
MR. DROVLIC: If it's confusing, sure, but that was just a specification of what the SIC
code limited.
COMMISSIONER SCHMITT: I would agree. I would strike that out.
COMMISSIONER HOMIAK: It sounds like it.
COMMISSIONER SCHMITT: The restriction is 5,250 and just say eating place with
drive-through, 5812, and then strike through the rest of the sentence, because the 6,000 has nothing
to do with the zoning. I mean, you're limited already to 5,250.
MR. WRIGHT: I agree with that change. It removes that ambiguity. We're okay with
that change.
COMMISSIONER HOMIAK: Thank you.
COMMISSIONER SCHMITT: Staff good with that?
MR. BELLOWS: Yeah, we're good with that.
CHAIRMAN FRYER: Good.
COMMISSIONER HOMIAK: That's it.
CHAIRMAN FRYER: Thank you very much. Anything else from the applicant?
MR. DROVLIC: I do have one other thing, so -- and this is just a thought for the future
and a consideration possibly by you and by staff. As the market is changing, the convenience
store with a drive-through may become more and more common.
We -- when this came up for us to have to -- for it to be such a similar use to convenience
store as far as traffic trips, even impact, especially with the car wash that was there as far as noise
and everything, I think it would be a good consideration to allow drive-throughs with convenience
stores for them to be considered as one thing as convenience stores move forward instead of having
to add eating places. That was really the only reason we had to go back through this rezoning.
So the drive-through was either a permitted use separately, or it was already considered
part of convenience store. We would have been considering that all at the original zoning request
and wouldn't need to have it come back through here. So it's just a consideration for the future.
In this way, we'll look at it as an oversight on our part to maybe not have that -- eating
places on there in the first place for flexibility, but that was surprising to me, working in other
jurisdictions that either has drive-through as separate use or it's considered as part of several uses
such as a convenience store, fast-food restaurants, et cetera. Just a thought for consideration.
CHAIRMAN FRYER: Commissioner Fry.
COMMISSIONER FRY: As a relevant example to that question, I think drugstores
might -- they have evolved over time to have drive-throughs whereas they didn't -- I don't think
they did a long time ago. So is there any correlation there?
MR. BELLOWS: For the record, Ray Bellows.
The Land Development Code doesn't specifically have a prohibition on drive-throughs for
those kinds of uses, and that's why you see them throughout the county. But when there is a
zoning overlay, such as in this case, or the CRA has some additional restrictions, then that's why
this PUD was limited when it was first approved, and that's why they're back in to make the
change, not because the LDC restricted it. It's because of the overlay.
COMMISSIONER FRY: Thank you.
CHAIRMAN FRYER: Anything else for the applicant?
(No response.)
CHAIRMAN FRYER: If not, thank you very much. We'll hear from staff.
February 17, 2022
Page 20 of 27
MR. DROVLIC: All right, thank you.
MR. BELLOWS: That's me. Again, Ray.
I've reviewed this project with our contract employee, Laura DeJohn. We found it
consistent with the Growth Management Plan. The changes were deemed relatively minor in
regard to changes in trip rates. And the proposed tweaks and modifications, I am fully on board,
and thank you for picking out some of those SIC code issues.
CHAIRMAN FRYER: Thank you. Any questions from the Planning Commission for
staff; questions or comments?
(No response.)
CHAIRMAN FRYER: If not, thank you very much.
Mr. Youngblood, do we have any speakers?
MR. YOUNGBLOOD: Mr. Chairman, I don't have any registered speakers for this item.
CHAIRMAN FRYER: Thank you. Anyone who is present in this room wish to be heard
on this matter, now would be the time.
(No response.)
CHAIRMAN FRYER: Seeing none, we will close the public comment portion of this
hearing and undertake our deliberations. Who would like to start?
COMMISSIONER FRY: Would you entertain a motion?
CHAIRMAN FRYER: Of course.
COMMISSIONER FRY: I'd like to move for approval of this item with -- and I'll try to
list the conditions as I think we listed them. Conditions: No outdoor music or PA system other
than the PA for the drive-through; no alcohol sold through the drive-through; removing the SIC
codes that you stipulated and, perhaps, you'd like to clarify those; I think we had a slight variation
of the SIC codes to 5411 and 5812. And we removed -- removing the reference to 6,000 square
feet or less. I believe that was in the approved uses section.
CHAIRMAN FRYER: Is there a second?
COMMISSIONER SCHMITT: Second.
CHAIRMAN FRYER: Further discussion?
(No response.)
CHAIRMAN FRYER: Let me just try to clarify the rather modest changes to the SIC
code. We will be deleting caterers and industrial and institutional food service establishments, and
we will be deleting commissary restaurants and contract food services.
Any further discussion on the motion?
(No response.)
CHAIRMAN FRYER: It's been made and seconded.
COMMISSIONER SCHMITT: I concur and second as proposed.
CHAIRMAN FRYER: Thank you. All those in favor, please say aye.
COMMISSIONER SHEA: Aye.
COMMISSIONER FRY: Aye.
CHAIRMAN FRYER: Aye.
COMMISSIONER VERNON: Aye.
COMMISSIONER HOMIAK: Aye.
COMMISSIONER SCHMITT: Aye.
COMMISSIONER KLUCIK: Aye.
CHAIRMAN FRYER: Opposed?
COMMISSIONER KLUCIK: Aye.
CHAIRMAN FRYER: That was an affirmative time delay, I'm sure. It passes 7 to
nothing. Thank you, applicant. Thank you, Planning Commission. Thank you, staff.
And that concludes our zoning matters today. And let's see if -- we probably can get out
of here by 10:30, but if not, we'll have a break then. But I think we'll probably be able to get out
of here by 10:30.
February 17, 2022
Page 21 of 27
Let's see. We go to -- well, I'm having trouble here. Old business. And what I'd like to
talk about here, very briefly, and I think others -- well, Mr. Bosi weighed in on it, and we've had
conversations about this before, and that has to do with the presence -- the desirability of there
being a member of the Planning Commission on the Affordable Housing Advisory Board. And I
know Commissioner Schmitt was on it for a long time, and having a representative like that, I
think, is very useful to us. Frankly, I think it's extremely useful to the affordable housing group
because we can actually do something about it. When we hear what their concerns are, we can act
upon them when real live matters come before us.
So from my perspective, I would -- I would like to see the action taken, whether it's by the
staff, whether we as a Planning Commission communicate directly with the BCC in some form or
fashion, to ask that a member of the Planning Commission be seated on the Affordable Housing
Advisory Committee and, fortunately, we've got one of our environmental commissioners,
Commissioner Paul Shea, who is willing to do it, and I think it would be extremely useful for us
because it's a subject of critical importance to everything we do.
And as I mentioned earlier, affordable housing is something that, you know, that we have
the ability to take action on and can implement ideas that might come from the ingenuity or
creativity from the Affordable Housing Committee that Commissioner Shea, if he were on that
group, could report to us and give us the benefit of their thinking.
Also, I looked at the -- on the county website, and I noticed that the -- there are 11 slots on
the Affordable Housing Committee, and there are 11 categories. Now, it doesn't say that there has
to be one of each category. It's sort of implied that there does, but it doesn't expressly say. And
one of those categories is a member of the local planning agencies. Well, we're the local planning
agency, and Commissioner Shea is a member.
And so there are either two or three openings on the Affordable Housing Committee
coming up in October of this year. That will be one way of dealing with it if the BCC or the
Affordable Housing Committee were disposed to follow our request, or we could maybe ask that
the number be increased to 12 so that we could get Commissioner Shea on there. So I'm just
throwing that out as an idea and would like to hear some other Planning Commissioners what they
think of that.
COMMISSIONER SHEA: I think there's an opening now.
CHAIRMAN FRYER: Do you?
COMMISSIONER SHEA: There's an opening now, but I don't fit into the 11 categories,
the one position that they're looking for.
MR. KLATZKOW: If one of you wants to sit on the -- on this committee, there's a seat
that's open. Make a nomination, and I'll process it.
COMMISSIONER SCHMITT: Correct. There's always been a member -- prior to me, it
was Mark Strain for several years. I served on it for almost three years. And there is a -- as you
stated, there is a seat for the planning -- one Planning Commission member to advise the affordable
housing staff on planning procedures. There's also staff members there as well, so --
CHAIRMAN FRYER: Right.
COMMISSIONER SCHMITT: -- it's just a matter of Paul being nominated or
volunteering and submitting his name. Jeff will prepare a document. It goes to the Board for
approval.
CHAIRMAN FRYER: Commissioner Vernon.
MR. KLATZKOW: Make a motion.
COMMISSIONER SCHMITT: Make a motion that Paul be our representative on the
Affordable Housing Committee.
COMMISSIONER HOMIAK: Second.
COMMISSIONER VERNON: I'll second.
CHAIRMAN FRYER: Any further discussion? Is that in the proper form?
MR. KLATZKOW: I will process it. All you have to do is say yes.
February 17, 2022
Page 22 of 27
COMMISSIONER SHEA: Just a little background. The head of our in-house -- head of
that group is supposedly talking to the Chair of the Commissioners for the next meeting to add
somebody from the planning. So you might talk to him; see how far he's progressed with that.
MR. KLATZKOW: I couldn't care less. I've got an open seat that's for the Planning
Commission, and you guys want to be on it. You'll be on it.
COMMISSIONER SCHMITT: It's always been an open spot.
MR. KLATZKOW: Yes.
COMMISSIONER FRY: Let's vote.
COMMISSIONER VERNON: Thank you, Paul.
CHAIRMAN FRYER: The question has been moved. Let's have a vote. All those in
favor, please say aye.
COMMISSIONER SHEA: Aye.
COMMISSIONER FRY: Aye.
CHAIRMAN FRYER: Aye.
COMMISSIONER VERNON: Aye.
COMMISSIONER HOMIAK: Aye.
COMMISSIONER SCHMITT: Aye.
COMMISSIONER KLUCIK: Aye.
CHAIRMAN FRYER: Opposed?
(No response.)
CHAIRMAN FRYER: It passes unanimously.
Thank you very much. I don't have anything further, but --
COMMISSIONER SCHMITT: I have two issues.
CHAIRMAN FRYER: Commissioner Schmitt.
COMMISSIONER SCHMITT: One issue, I just want to bring up and forewarn our fellow
commissioners, I'm pretty sure all of you have been receiving emails about the Isles of Capri
rezoning.
COMMISSIONER SHEA: Yes.
COMMISSIONER SCHMITT: Gulf Bay. I think it's Gulf Bay. It's under Gulf Bay
Properties or -- I am not answering any of those emails. I don't intend to. I believe Sue Faulkner
has been -- started to answer them, and I understand that that petition we probably will not even see
it till sometime in the fall. So I just want to make sure my fellow planning commissioners
understand, though they are interesting reading, I'm not responding. And it's certainly going to
have some fun when it comes forward for us to review.
CHAIRMAN FRYER: Thank you for bringing that up.
Of course, we have been getting those, and I -- I've created a subfolder, and I just move
them over to that subfolder so I'll have them when the time comes, and I'll look at them. I'm not
looking at them now either.
COMMISSIONER SCHMITT: Exactly what I do as well. I have a subfolder.
On the second issue, regrettably, I missed the presentation when we did the flood maps
demonstration. I can't remember the program.
MR. BOSI: ACUNE.
COMMISSIONER SHEA: ACUNE.
COMMISSIONER SCHMITT: What is it?
MR. BOSI: ACUNE.
COMMISSIONER SCHMITT: The ACUNE model. Where is that going now, and what
is happening with that? I saw something on the local news. Everybody's talking about imminent
danger of flooding in Naples, and we're all going to be underwater within three-and-a-half weeks,
and so I'm just curious as to where we're going with this.
COMMISSIONER SHEA: I missed that one.
COMMISSIONER SCHMITT: I'm being facetious, maybe. Is that going to the Board
February 17, 2022
Page 23 of 27
for approval, use as a planning tool, or what's going on with that?
MR. BOSI: I believe on the April -- on look-ahead, I believe if you look at the April -- the
look-ahead that shows the petitions that are coming forward to the Board of County -- or the
Planning Commission, if you look at the April 7th, you'll see the -- that's not on it. It's probably
the next one -- where the CCME is going to come back, the modifications to the CCME about the
resiliency and developing a resiliency plan from a local level.
The Board of County Commissioners is being approached to utilize the ACUNE as one of
the modeling tools that we will utilize to identify low-lying areas within the county that we have to
focus our resiliency efforts towards trying to identify where the most flood-prone and most
vulnerable areas are within the county.
So you'll be hearing an item that's directly tied to the ACUNE model as an additional
planning tool to -- staff to utilize as we move forward with resiliency planning.
CHAIRMAN FRYER: Okay. Thank you.
Mr. Eastman.
MR. EASTMAN: With respect to the emails that we've been getting and specifically the
Isles of Capri, sometimes it includes all the planning commissioners, and I don't worry about that.
I just assume that that's going to become part of the public record. Sometimes they're individually
addressed at just me. And so I'm wondering, I would like that to become part of public record.
Should I forward that to a staff member? Should I forward that to Ray? How can I, you know,
make that part of the public record?
COMMISSIONER SCHMITT: If it was sent to your --
COMMISSIONER HOMIAK: It is already.
COMMISSIONER SCHMITT: -- county email, it's already part of public record.
MR. EASTMAN: Okay, good. That's great.
CHAIRMAN FRYER: Is it coming to your school district or your --
MR. EASTMAN: It must be coming to my school district, yeah, and in that case, then,
can I just forward it to Mike or Ray?
MR. BOSI: Yes.
MR. EASTMAN: Okay, okay.
MR. BOSI: And we'll get it to either -- Sue Faulkner is the GMP coordinator and Nancy
Gundlach is the zoning coordinator as well, so we'll forward it to the appropriate --
CHAIRMAN FRYER: Okay.
MR. BOSI: -- staff.
CHAIRMAN FRYER: Commissioner Vernon.
COMMISSIONER VERNON: Yeah, I just -- you know, I think it's up to every
commissioner how they handle their situation. But since Joe brought it up, I never respond to any
email that I get ever, because I don't think it's fair to respond to some people and not others,
number one, and, number two, it's a very slippery slope. Once you begin to go back and forth,
then where do you stop? So I try to read what I can. A lot of them are very repetitive, but I do try
to read what I can, and I never respond, and that way I treat everybody the same.
MR. KLATZKOW: Unless you guys want to write down what you're saying and then
during the ex parte repeat that, it is a terrible idea to be responding.
COMMISSIONER SCHMITT: I agree.
COMMISSIONER HOMIAK: I just read them. That's it.
CHAIRMAN FRYER: I never respond either.
COMMISSIONER SHEA: I don't either.
CHAIRMAN FRYER: For the very same reason.
COMMISSIONER SHEA: I don't think any of us do.
MR. EASTMAN: No.
MR. BOSI: And I would think, Commissioner Fryer -- and I imagine all the other
planning commissioners have the same process where you put it in a separate folder. All these
February 17, 2022
Page 24 of 27
correspondence that we receive from the public related to the petitions that you're -- are going to be
heard will be provided to you from staff as well with the package that gives you the full staff
assessment, gives you all the background documentation. Trying to respond to an individual email
without even having the background and the data and the analysis so you can provide -- like you
said, I think Jeff put it eloquently, it's a horrible idea.
COMMISSIONER SOLIS: We had one case where we had several thousand emails.
COMMISSIONER SCHMITT: Yes.
CHAIRMAN FRYER: Commissioner Vernon, do you want --
COMMISSIONER VERNON: Yeah. I was going to switch gears. Do you want --
(Simultaneous crosstalk.)
CHAIRMAN FRYER: Go right ahead, sir.
COMMISSIONER VERNON: I just want to let everybody know, my fellow
commissioners know that I made a presentation about -- at the first part of the Leadership Collier
Growth Management Day that they had, and Jamie French was there and actually helped with the
presentation, so I just want to let everybody know I did that.
CHAIRMAN FRYER: Thank you. I'm glad you did it. No one is signaling now.
Mr. Bosi, were you going to talk about the portal?
MR. BOSI: Oh, no. One of the questions that were raised to staff was related to the
county's web page changes as well as some -- some increased capability of the county's portal in
terms of how it can be searched, how it can be utilized, and the Chair had asked for a presentation
on that. What I wanted to talk with the Planning Commission, is that something that you would
like within a future hearing, or would that be something that you would just want to reach out?
And we can reach out to each individual if you wanted to have us schedule a 101 with our trainers
to kind of give you a run-through and overview and answer your questions on an individual basis.
CHAIRMAN FRYER: Let me augment that, if I may. Thank you, Mr. Bosi.
I had gotten an email from a staff person by the name of Perryman, and she, I think,
thought that I was a supervisory staff member, and she asked if I wanted her to make a presentation
to my people. My people, which I have none of. But then I thought, you know, I've been
working with this new portal trying to get around it, and I'm having some difficulty. For instance,
CityView is much more difficult to get to, and --
COMMISSIONER SCHMITT: I get right into CityView.
CHAIRMAN FRYER: Under the new portal?
COMMISSIONER SCHMITT: Yeah.
CHAIRMAN FRYER: Okay. Well, here's the -- here's the question. So I responded -- I
responded to this lady who emailed me and I said, if you have a five- or 10-minute PowerPoint
presentation to just acquaint the Planning Commission members with the changes in the portal, it
might be useful. But Mr. Bosi makes a good point. If we don't need it, we don't need it. So
it's -- what do you all --
COMMISSIONER KLUCIK: Mr. Chairman?
CHAIRMAN FRYER: Yes, Mr. Klucik.
COMMISSIONER KLUCIK: I was just going to say that, you know, I wouldn't mind
being considered, you know, being associated with you as one of your people, but I think you'd
probably decline that honor.
CHAIRMAN FRYER: I'd be proud to have you as my people. But first, I'm going to
have to have my people talk to your people.
COMMISSIONER VERNON: You know, I guess if we had, like, a short agenda
day -- I'm sorry. I jumped in before I was recognized.
CHAIRMAN FRYER: Go ahead.
COMMISSIONER VERNON: If we had a short agenda day, I wouldn't mind a 10-minute
presentation. It would help me. But, also, I think one of the complaints is that, and I think
Commissioner Klucik's brought it up before, that it's difficult for the public to navigate. And so
February 17, 2022
Page 25 of 27
we may have some suggestions to change it. If it's difficult for us to understand, then I think it's
up to us, or it should be a good idea to push the county to make it easier so the public can access it.
CHAIRMAN FRYER: I agree with you. Does anyone not agree?
(No response.)
CHAIRMAN FRYER: Okay. Then I think that's the feedback you were looking for,
Mr. Bosi. Anybody else want to be heard?
(No response.)
MR. BOSI: For clarity, on a light agenda day --
CHAIRMAN FRYER: Yeah.
MR. BOSI: -- we'll bring back a presentation that -- now, is it the portal, or is it
the -- because we made significant changes to all county web pages and how you navigate those
web pages.
CHAIRMAN FRYER: We're just interested in planning and zoning, growth management.
MR. BOSI: So focus upon the web page changes related to Growth Management and then
with the concentration upon utilization of the CityView portal.
CHAIRMAN FRYER: Well, yeah, and maybe -- as Commissioner Schmitt said, maybe it
is easy to find. I just haven't found the easy way into it yet. That's on me.
MR. BOSI: When you go to the Planning and Zoning web page on your left-hand side,
one of the highlighted areas is GMD portal, so it is pretty easy.
CHAIRMAN FRYER: GMP [sic] portal is what it's called.
MR. BOSI: GMD, Growth Management Division --
CHAIRMAN FRYER: Oh, yeah.
MR. BOSI: -- portal.
CHAIRMAN FRYER: Oh, yeah. So that takes you -- that doesn't take you directly to
CityView, or does it?
MR. BOSI: It takes you to the portal and gets you into CityView.
CHAIRMAN FRYER: Yeah. That's the place where I was having difficulty, but,
Commissioner.
COMMISSIONER SCHMITT: Yeah. But I have a hotlink saved on one of my, you
know --
CHAIRMAN FRYER: I do, too.
COMMISSIONER SCHMITT: I save it, but you've got to have the -- no, you don't even
need a file for that.
CHAIRMAN FRYER: Yeah. Well, I have a hotlink as well, and that's how I get to it.
But I just was wondering, maybe some people who don't have hotlinks are now having difficulty
finding it.
Mr. Schmitt -- excuse me. Mr. French.
MR. FRENCH: Good morning, Commissioners. For the record, Jamie French.
Very quickly, Diane Perryman is one of our trainers within our organization. And,
typically, what happens is that she'll come along and she'll actually train clients, community
members, and this is a free service that we do provide to the community.
What I might recommend is that you -- if you'd like to have some individual time with us,
we're happy to walk you through it. We've also provided a number of training videos that we've
shot ourselves that actually walk you through step by step. So a general member of the
public -- the goal here is is to make that public record access, that community communication, so to
speak, so easy that you don't even need to pick up the phone to call us, because 96 percent of our
business right now is pretty much online, so -- and we're going through a conversion process to
where we're actually taking a period of time and looking back, and we're converting everything
over to a digital profile so that you don't even have to come into the office to access these records.
CHAIRMAN FRYER: Thank you.
Anything further on this or anything else?
February 17, 2022
Page 26 of 27
COMMISSIONER HOMIAK: I can get it right here on my phone.
CHAIRMAN FRYER: You can?
COMMISSIONER HOMIAK: Yeah.
CHAIRMAN FRYER: Well, then, it's -- all right. Well, I'm going to go back to
kindergarten, and then I'll report to you how that worked out.
Any other old business or new business at this point?
(No response.)
CHAIRMAN FRYER: Any member of the public who wishes to be heard on matters that
were not on the agenda, now would be the time.
(No response.)
CHAIRMAN FRYER: Seeing none, we stand adjourned. Thank you.
*******
There being no further business for the good of the County, the meeting was adjourned by order of the
Chair at 10:24 a.m.
COLLIER COUNTY PLANNING COMMISSION
__________________________________________
EDWIN FRYER, CHAIRMAN
These minutes approved by the Board on __________, as presented _________ or as corrected _________.
TRANSCRIPT PREPARED ON BEHALF OF U.S. LEGAL SUPPORT, INC., BY TERRI L. LEWIS,
RPR, FPR-C, COURT REPORTER AND NOTARY PUBLIC.
February 17, 2022
Page 27 of 27
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