Agenda 06/13/2023 Item # 2B (May 9, 2023 BCC Meeting Minutes)06/13/2023
2.B
COLLIER COUNTY
Board of County Commissioners
Item Number: 2.B
Doc ID: 25650
Item Summary: May 9, 2023, BCC Meeting Minutes
Meeting Date: 06/13/2023
Prepared by:
Title: Management Analyst II — County Manager's Office
Name: Geoffrey Willig
05/24/2023 2:11 PM
Submitted by:
Title: Deputy County Manager — County Manager's Office
Name: Amy Patterson
05/24/2023 2:11 PM
Approved By:
Review:
County Manager's Office Geoffrey Willig County Manager Review
Board of County Commissioners Geoffrey Willig Meeting Pending
Completed 05/24/2023 2:11 PM
06/13/2023 9:00 AM
Packet Pg. 15
May 9, 2023
TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, May 9, 2023
LET IT BE REMEMBERED, that the Board of County
Commissioners, in and for the County of Collier, and also 4-g as
the Board of Zoning Appeals and as the governing bo#w of such
special districts as have been created accordi o nd having
conducted business herein, met on this da t :00 a.m., in
REGULAR SESSION in Buildin " ' the Government Complex,
East Naples, Florida, with thee
he ing Board members present:
irman: Rick LoCastro
Chris Hall
Dan Kowal
William L. McDaniel, Jr.
Burt L. Saunders
ALSO PR T:
tterson, County Manager
el Rodriguez, Deputy County Manager
J ffrey A. Klatzkow, County Attorney
Crystal K. Kinzel, Clerk of the Circuit Court & Comptroller
Troy Miller, Communications & Customer Relations
Page 1
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
May 09, 2023
9:00 AM
Commissioner Rick LoCastro, District 1; — Chair
Commissioner Chris Hall, District 2; — Vice Chair
Commissioner Burt Saunders, District 3
Commissioner Dan Kowal, District 4; — CRAB Co -Chair
Commissioner William L. McDaniel, Jr., District 5; — CRAB Co -Chair
NOTICE: ALL PERSONS WISHING TO SPEAK ON AGENDA ITEMS MUST
REGISTER PRIOR TO PRESENTATION OF THE AGENDA ITEM TO BE
ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO
THREE MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN.
ADDITIONAL MINUTES MAY BE CEDED TO AN IN -PERSON SPEAKER
BY OTHER REGISTERED SPEAKERS WHO MUST BE PRESENT AT THE
TIME THE SPEAKER IS HEARD. NO PUBLIC SPEAKERS WILL BE
HEARD FOR PROCLAMATIONS, PRESENTATIONS AND PUBLIC
PETITIONS. SPEAKERS ON PRESENTATIONS ARE LIMITED TO 10
MINUTES, UNLESS EXTENDED BY THE CHAIRMAN. ALL PERSONS
WISHING TO SPEAK ON A CONSENT ITEM MUST REGISTER PRIOR TO
THE BOARD'S APPROVAL OF THE DAY'S CONSENT AGENDA, WHICH IS
HEARD AT THE BEGINNING OF THE MEETING FOLLOWING THE
PLEDGE OF ALLEGIANCE.
Page 1
May 9, 2023
ANYONE WISHING TO ADDRESS THE BOARD ON PUBLIC PETITION
MUST SUBMIT THE REQUEST IN WRITING TO THE COUNTY MANAGER
AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING. THE
REQUEST SHALL PROVIDE DETAILED INFORMATION AS TO THE
NATURE OF THE PETITION. THE PUBLIC PETITION MAY NOT
INVOLVE A MATTER ON A FUTURE BOARD AGENDA AND MUST
CONCERN A MATTER IN WHICH THE BOARD CAN TAKE ACTION.
PUBLIC PETITIONS ARE LIMITED TO A SINGLE PRESENTER, WITH A
MAXIMUM TIME OF TEN MINUTES, UNLESS EXTENDED BY THE
CHAIRMAN. SHOULD THE PETITION BE GRANTED, THE ITEM WILL BE
PLACED ON A FUTURE AGENDA FOR A PUBLIC HEARING.
ANYONE WISHING TO ADDRESS THE BOARD ON GENERAL TOPICS
NOT ON THIS AGENDA OR A FUTURE AGENDA MUST REGISTER TO
SPEAK PRIOR TO THE PUBLIC COMMENT PORTION OF THE AGENDA
BEING CALLED BY THE CHAIRMAN. SPEAKERS WILL BE LIMITED TO
THREE MINUTES, AND NO ADDITIONAL MINUTES MAY BE CEDED TO
THE SPEAKER. AT THE CHAIRMAN'S DISCRETION, THE NUMBER OF
PUBLIC SPEAKERS MAY BE LIMITED TO 5 FOR THAT MEETING.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD
WILL NEED A RECORD OF THE PROCEEDING PERTAINING THERETO,
AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE
BASED. COLLIER COUNTY ORDINANCE NO.2003-53 AS AMENDED BY
ORDINANCE 2004-05 AND 2007-249 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.
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May 9, 2023
LUNCH RECESS SCHEDULED FOR 12: 00 NOON TO 1: 00 P.M
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Invocation by Reverend Kirt Anderson, Naples Community Church
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. April 11, 2023, BCC Meeting Minutes
3. AWARDS AND RECOGNITIONS
A. EMPLOYEE
B. ADVISORY BOARD MEMBERS
C. RETIREES
D. EMPLOYEE OF THE MONTH
4. PROCLAMATIONS
A. Celebrating the Collier County Centennial.
B. Centennial recognition of the Collier County business and tourism
community.
C. Centennial recognition of County Commissioners and County Managers
who have served Collier County.
5. PRESENTATIONS
A. Celebrating 100 Years of Collier County and Its Many Communities.
6. PUBLIC PETITIONS
7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT
OR FUTURE AGENDA
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May 9, 2023
8. BOARD OF ZONING APPEALS
9. ADVERTISED PUBLIC HEARINGS
10. BOARD OF COUNTY COMMISSIONERS
A. Recommendation to adopt a Resolution updating the policies relating to
code enforcement liens, direct staff to revisit its procedures for prosecuting
code enforcement cases, and direct staff to discuss and reinforce with the
Code Enforcement Board and Special Magistrate the parameters for the
imposition of fines for code violations. (Sponsored by Commissioner
LoCastro)
11. COUNTY MANAGER'S REPORT
A. This item to be heard immediately following 5A. Recommendation to
approve the County Manager's implementation of one additional personal
leave day for all County employees under the direction of the Board
including the County Manager's Agency, County Attorney's Office, and
BCC Office staff to be used May 10, 2023, through May 9, 2024, in honor of
Collier County's Centennial Celebration. (Amy Patterson, County Manager)
B. This item to be heard at 1 PM. Recommendation to accept the after -action
report for the 2023 Florida legislative session and provide guidance as
preliminary planning begins for the next legislative cycle. (John Mullins,
Communications, Government & Public Affairs Director)
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
A. This item to be heard at 11 AM. Presentation of the Annual
Comprehensive Financial Report for the fiscal year ended September 30,
2022 and authorization to file the related State of Florida Annual Local
Government Financial Report with the Department of Financial Services.
(Derek Johnssen, Clerk's Office Director of Finance and Accounting)
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
A. AIRPORT
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May 9, 2023
B. COMMUNITY REDEVELOPMENT AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. Public comments on general topics not on the current or future agenda by
individuals not already heard during previous public comments in this
meeting
B. STAFF PROJECT UPDATES
C. STAFF AND COMMISSION GENERAL COMMUNICATIONS
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.
--------------------------------------------------------------------------------------------------------------------------------
A. GROWTH MANAGEMENT DEPARTMENT
1) Recommendation to approve final acceptance of the potable water and
sewer utility facilities and accept the conveyance of a portion of the
potable water and sewer utility facilities and appurtenant utility
easement for Stor-All at Tree Farm, PL20220005737.
2) Recommendation to approve final acceptance of the potable water
utility facilities and accept the conveyance of a portion of the potable
water utility facilities and appurtenant utility easement for The
Willough at Naples — Fire Line, PL20220000571.
3) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the final plat of Esplanade by the Islands -
Phase 3 (Application Number PL20220005192) approval of the
standard form Construction and Maintenance Agreement and approval
of the performance security in the amount of $5,341,619.06.
4) This item requires that Ex Parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
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May 9, 2023
participants are required to be sworn in. Recommendation to
approve for recording the minor final plat Dorado at Fiddler's Creek -
Replat, Application Number PL20210003318.
5) Recommendation to approve Amendment No. 1 to the Interlocal
Agreement with the School District of Collier County, related to
Agreement No. 20-7708, Design -Build Veterans Memorial Boulevard
Extension, Phase I (County Project #60198), for $17,752.35.
6) Recommendation to award Invitation to Bid ("ITB") No. 22-8045
"Fiber Optics Installation, Repair, and Maintenance", to Intelligent
Infrastructure Solutions, LLC, as the Primary vendor, and Aztek
Communications of South Florida, Inc., as the Secondary vendor, and
authorize the Chairman to sign the attached agreements.
7) Recommndation to authorize the Clerk of Courts to release a Letter
of Credit in the amount of $24,580 which was posted as a guarantee
for work associated with the construction of a small section of the
driveway to the adjacent property located to the east of Marquesa
Plaza at Baldrige PUD, PL20120001665, and PL20180002247.
8) Recommndation to authorize the Clerk of Courts to release a
Performance Bond in the amount of $539,200 which was posted as a
guarantee for Excavation Permit Number PL20200000810 for work
associated with Tamarindo.
9) Recommndation to authorize the Clerk of Courts to release a
Performance Bond in the amount of $29,600 which was posted as a
development guarantee for an Early Work Authorization (EWA) for
work associated with Winchester PPL, PL20220001541.
10) Recommendation to waive liquidated damages in the amount of
$508,690.00 against Pavement Maintenance, LLC, for contract No.
21-7887, Randall Boulevard at Everglades Boulevard Intersection
Improvements, arising from the delayed acquisition of traffic signal
equipment, and approve/ratify the after -the -fact payment of the final
payment application in the amount of $258,592.43, subject to the
contractor providing all required backup documentation prerequisite
to processing payment. (Project #60242).
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May 9, 2023
11) Recommendation to approve a work order with APTIM
Environmental & Infrastructure, Inc. to provide professional
engineering services for 2024-2025 Local Government Funding
Request under Contract No. 18-7432-CZ for time and material not to
exceed $26,052.00, authorize the Chairman to execute the work order,
and make a finding that this item promotes tourism (Fund 195, Project
#90065).
12) Recommendation to authorize the necessary budget amendments to
reallocate funds from Stormwater Bond Fund 327 reserves to Golden
Gate and Gordon River Stormwater Improvements projects in the total
amount of $4,000,000
13) Recommendation to approve the payment of $1,650 to the River Oaks
Homeowners' Association ("HOA") for five years of unpaid
assessments for Lot 44, Block A of Palm River Estates, Unit No. 7,
according to the Plat thereof recorded in Plat Book 12, pages 28
through 30, Public Records of Collier County, Florida
14) Recommendation to adopt a resolution authorizing the acquisition by
gift or purchase of drainage easements necessary for the construction
of stormwater management improvements required for the West
Goodlette-Frank Road Area Stormwater Improvement Project (Phase
2), Project #60142; and authorize the necessary budget amendment.
(Estimated fiscal impact: $930,000. The source of funding is the
stormwater fund 325.)
15) Recommendation to approve and execute a Local Agency Program
(LAP) Construction Agreement with the Florida Department of
Transportation (FDOT) reimbursing the County up to $1,407,595
($607,595 - FDOT Safe Routes to School) and ($800,000 - Collier
County MPO Urbanized Area (SU Funds)) for the construction of a 6-
foot sidewalk at Eden Park on the south side of Carson Road from
Westclox Drive to Carson Lakes Circle; execute a Resolution
memorializing the Board's action; and authorize the necessary budget
amendment (Project #33622), FPN 441480-1-58-01.
16) Recommendation to approve a Florida Department of Transportation
(FDOT) Beautification Grant for $100,000 for median irrigation and
landscaping improvements on Davis Boulevard (State Road 84) from
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May 9, 2023
Santa Barbara Boulevard to Firano Drive; approve a Joint
Participation Agreement between the FDOT and Collier County in the
amount of $865,000 for median irrigation and landscaping
improvements on Davis Boulevard (State Road 84) from Santa
Barbara Boulevard to Collier Boulevard; authorize the Chairman to
execute the Agreements; authorize the Chairman to execute the
Resolutions memorializing the Board's action; and authorize the
necessary budget amendments. (Companion to item #16.A.17)
17) Recommendation to approve and execute a Landscape Maintenance
and Installation Agreement between the State of Florida Department
of Transportation (FDOT) and Collier County for median irrigation
and landscaping improvements on Davis Boulevard (State Road 84)
from Santa Barbara Boulevard to Collier Boulevard, authorize the
Chairman to sign a Resolution memorializing the Board's action and
allow project activity. (Companion to item # 16.A.16)
18) Recommendation to approve an Economic Development Agreement
with PFPI OZ, LLC, (Pikes) for the proposed project "CENTRO" for
reimbursement of up to $788,878.56 in actual expenditures for
sanitary sewer, drainage, impact fees, and building permits for
constructing a mixed -use development headquarters in the Golden
Gate City Economic Development Zone (GGEDZ) finding that this
applicant is a target business qualifying for the incentives set forth in
the GGEDZ Ordinance.
19) Recommendation to approve an agreement for the purchase of
permanent and temporary easements (composite Parcels 177DE and
177DAE, Parcel 177TCEI, Parcel 177TCE2, and Parcel 177ROE)
required for the construction of stormwater management
improvements for the Big Cypress Golf and Country Club
Estates/Country Club of Naples Areas Project, the Upper Gordon
River Channel Improvements Project, and the Solana Road
Stormwater Improvements Project, and authorize the Board to
delegate authority to the County Manager to approve and execute a
Work Order in an amount not to exceed $850,000 to expedite
construction activity, subject to being ratified by the Board at its next
regular meeting. Estimated Fiscal Impact: $878,500. (Project #60102)
B. COMMUNITY REDEVELOPMENT AGENCY
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May 9, 2023
1) Recommendation to approve Change Order No. 1 to Agreement No.
21-7845, Bayshore Drive Redevelopment Project, with Stantec
Consulting Services, Inc., to add an additional 90 days to the
agreement. (P.O #4500218097)
C. PUBLIC UTILITIES DEPARTMENT
1) Recommendation that the Board of County Commissioners, as ex-
officio the Governing Board of the Collier County Water -Sewer
District, approve a Work Order under a Request for Quotation
("RFQ") for Agreement No. 20-7800 for "Modifications to NRO Well
#11" to Douglas N. Higgins, Inc., in the amount of $588,380, approve
staff opening a Purchase Order to commence services, and authorize
the Chairman to sign the attached Work Order. (Project #70085).
2) Recommendation to ratify and approve Change Order No. 1,
providing for a 150-day time extension and $9,887.37 draw on
owner's allowance under Request for Quotation No. 19-7622-302.25
with US Water Services Corporation under agreement 19-7622, for
the Pump Station 302.25 Rehabilitation project, and authorize the
Chairman to sign the attached Change Order. (Project #70145)
3) Recommendation to approve Change Order No. 3, allocating a portion
of the Owner's Allowance to cover the costs for Work Directives Nos.
1 and 2 in the amount of $9,226.49 under Agreement No. 20-7800, for
the "Orange Tree Wastewater Treatment Plant Driveway Relocation
project," with Quality Enterprises, USA, Inc., ratify the work
completed under Work Directives No. 1 and 2, and authorize the
Chairman to sign the attached change order.
4) Recommendation to approve the selection committee's ranking and
authorize staff to begin contract negotiations with Harvard Jolly, Inc.,
related to Request for Professional Services No. 22-8033 for "Design
Services for Hardening and Expansion of the Collier Senior Center
Building," so staff can bring a proposed agreement back for the
Board's consideration at a future meeting. (Project #50219)
5) Recommendation to authorize a budget amendment for the Water
Division in the amount of $279,500 to redistribute existing Division
funds to cover the costs associated with the increased purchase of bulk
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May 9, 2023
water to fund continued operations in the Water Division Budget
through the end of Fiscal Year 2023.
D. PUBLIC SERVICES DEPARTMENT
1) This Item continued from the April 25, 2023, BCC Meeting.
Recommendation to authorize a Budget Amendment in the amount of
$100,000 to transfer funding within the County -Wide Capital Fund
(301) to continue funding eBook collections to meet patron demand
for digital resources and materials for Collier County Public Libraries.
2) Recommendation to adopt the attached Resolution superseding
Resolution Nos. 2021-263, 2018-135, 2018-44, 2016-245, and 2008-
26, and all other resolutions establishing license and fee policies, to
approve the sale and proposed rate schedule for fuel at County -owned
Marinas and authorize the necessary Budget Amendments.
3) Recommendation to accept the State Housing Initiative Partnership
Hurricane Housing Recovery Program award in the amount of
$957,820 to assist eligible Collier County households whose primary
residence sustained damage as a result of Hurricane Ian, authorize the
necessary Budget Amendment, and authorize two (2) Full -Time
Equivalent grant -funded positions to support program administration.
(SHIP Grant Fund 791)
4) Recommendation to approve and authorize the Chairman to execute a
Landlord Payment Agreement allowing the Community and Human
Services (CHS) Division to administer the Rapid Re -Housing and
Homelessness Prevention Program through the Emergency Solutions
and Rapid Unsheltered Survivor Housing Grants Program.
5) Recommendation to approve an "After -the -Fact" amendment with the
Area Agency on Aging for Southwest Florida, Inc., regarding
American Rescue Plan Act funding under the Home -Based
Community Services -Enhanced Home Care for the Elderly grant
program for the Collier County Services for Seniors Program to
amend the term of the contract, update Table 2 Delivery Schedule and
3 Payment Schedule and assign the CSFA Number. (Human Service
Grant Fund 707)
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May 9, 2023
E. CORPORATE BUSINESS OPERATIONS
1) Recommendation to approve and authorize an Access and
Confidentiality Agreement between Collier County and NCH
Healthcare System, Inc., to allow EMS to obtain access to patient
outcomes from Naples Community Hospital utilizing the EpicCare
Link Software System.
2) Recommendation to approve the administrative report prepared by the
Procurement Services Division for disposal of property that is no
longer viable, was traded in, or damaged beyond repair during
Hurricane Ian, and the removal of the property from the County's
capital asset records.
3) Recommendation to authorize expenditures under a sole -source
waiver for a period of five years, in an amount not to exceed $100,000
per Fiscal Year, to obtain Original Equipment Manufacturer ("OEM")
parts and services from Menzi USA Sales, Inc., necessary to maintain
County -owned Menzi Muck Walking Excavators.
F. COUNTY MANAGER OPERATIONS
1) Recommendation to approve and authorize the Chairman to sign a
Mutual Release providing for final payment to Sports Fields, Inc., in
the amount of $28,465.12 for actual substantiated services it rendered
under Agreement No. 18-7404 concerning Collier County Sports
Complex Marketing and Support for the Paradise Coast Sports
Complex.
2) Recommendation to approve a Second Amendment to Vacant Land
Contract between Collier County and David Lawrence Mental Health
Center, Inc., that extends the approval period one year - due to an
unexpected delay in finalizing the rezoning of the underlying property
- the time to obtain the necessary site development plans.
3) Recommendation to approve administrative Change Order No. 8
providing for a 99-day time extension with zero financial impact
under Agreement No. 16-6622 with Q Grady Minor and Associates,
P.A., for the engineering and design services associated with the
construction of Big Corkscrew Island Regional Park due to delays
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May 9, 2023
experienced by the general contractor's material availability and
manpower shortages, and authorize the Chairman to sign the attached
change order. (Project #80039)
4) Recommendation to approve Change Order No. 4 in the amount of
$48,317.76, under Construction Agreement No. 21-7899 with
Haskins, Inc., for the Hamilton Avenue Improvements project that
memorializes additional repair work initiated during the Hurricane
Ian state of emergency, which the Board previously authorized
payment for at its March 28, 2023, meeting. (Project #50171.1.3)
5) Recommendation to approve a First Amendment for Sale and
Purchase Agreement with: (1) Henrietta Arnay, (2) Charles E. Bailey,
(3) Lois Behnke, (4) D & J Investors, (5) David Joyce for properties
on the Cycle 10 Approved Acquisition list for the Conservation
Collier Land Acquisition Program.
6) Recommendation to adopt a Resolution approving amendments
(appropriating grants, donations, contributions, or insurance proceeds)
to the Fiscal Year 2022-23 Adopted Budget. (The budget amendments
in the attached Resolution have been reviewed and approved by the
Board of County Commissioners via separate Executive Summaries.)
G. AIRPORT AUTHORITY
H. BOARD OF COUNTY COMMISSIONERS
I. MISCELLANEOUS CORRESPONDENCE
1) May 9, 2023, Miscellaneous Correspondence
J. OTHER CONSTITUTIONAL OFFICERS
1) Report to the Board regarding the investment of County funds as of
the quarter ended March 31, 2023.
2) 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 April 13, 2023, and April 26, 2023, pursuant to
Florida Statute 136.06.
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May 9, 2023
17.
3) Request that the Board approve and determine valid public purpose
for invoices payable and purchasing card transactions as of May 03,
2023.
4) Recommendation to approve First Amendment for Professional
Services Agreement No. 21-7936, "Professional Services for SAP S/4
HANA Implementation" with Phoenix Business, Inc., d/b/a Phoenix
Business Consulting for tasks related to SAP Success Factors
Employee Central and Workforce Time Management in the amount of
$1,768,251.00 (Project #50017).
K. COUNTY ATTORNEY
1) Recommendation to approve a Stipulated Final Judgment in the total
amount of $125,000 plus $15,048 in statutory attorney fees for the
taking of Parcels 274RDUEand 274TDRE required for the Vanderbilt
Beach Road Extension Project #60168.
2) Recommendation to approve the litigation settlement between Collier
County and Kendall Perrine LLC and recommendation to approve the
acceptance of $12,000 from Kendall Perrine LLC in exchange for a
release of lien with a value of $97,309.70, in the code enforcement
action entitled Board of County Commissioners v. Kendall Perrine
LLC of Collier County, Case No. CES20210012676.
Summary Agenda - This section is for advertised public hearings and must
meet the following criteria: 1) a recommendation for approval from staff; 2)
unanimous recommendation for approval by the collier county planning
commission or other authorizing agencies of all members present and voting;
3) no written or oral objections to the item received by staff, the collier county
planning commission, other authorizing agencies or the board, prior to the
commencement of the bcc meeting on which the items are scheduled to be
heard; and 4) no individuals are registered to speak in opposition to the item.
For those items which are quasi-judicial in nature, all participants must be
sworn in.
A. This item requires Ex Parte disclosure to be provided by the
Commission members. Recommendation to approve an ordinance rezoning
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May 9, 2023
a Residential Single-Family-3 (RSF-3) lot to Residential Multi-Family-6
(RMF-6) in Golden Gate City to allow up to 2 multifamily dwelling units on
0.29f acres of property located at 5196 23rd Ct SW, Naples, Florida, on Lot
1, Block 198, Golden Gate Unit 6, in Section 21, Township 49 South, Range
26 East, Collier County, Florida. [PL20210001906]
B. This item requires that Ex Parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to approve Petition VAC-
PL20220003566, to disclaim, renounce, and vacate the County and the
public interest in the 10-foot public utility easement located along the border
between Lots 1 & 2 and Lots 3, 4, & 5, Block 11, of Bonita Shores, Unit No.
2, as recorded in Plat Book 3, Page 43, of the Public Records of Collier
County, Florida, located in the southwest quadrant of 6th Street and
Vanderbilt Drive, in Section 5, Township 48 South, Range 25 East, Collier
County, Florida.
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA
SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-
8383.
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May 9, 2023
May 9, 2023
MS. PATTERSON: Chair, you have a live mic.
CHAIRMAN LoCASTRO: Good morning, everyone. Good
morning. Good morning, everyone.
AUDIENCE MEMBERS: Good morning.
CHAIRMAN LoCASTRO: Welcome to Class Reunion
Right? Right?
You only do this once every hundred years, so we're AT n`g to
make the best of it. It's also Take Your Former Electe cial to
Work Day. So, Commissioner Solis, Commissioner , come up
here. We're going to do a swap. It looks easier f hose seats,
right?
Listen, this is -- we are so thrilled to have v ry ody in here. I
mean, as you look across this room, this r 1 s a who's who of
Collier County but, more importantly, ere representing so
many people. And I don't want to** i ou know, specific people
out of the audience but, obviousl 16k around. You've got, you
know, every former commiss' at goes back -- not 100 years,
not 100 years, except for 'ssioner McDaniel. He's
about -- he's about 98.
But, you know, yox've got Mike Wynn here, who's representing
so many incredi employees who stepped forward during the
hurricane. krye of the Chamber represented by Michael Dalby.
I mean, you kn, I could just go on and on.
Stock D*1�*lopment's here in the house with, you know, all their
lead am sitting there, Claudine and -- I mean, you know,
a - e ormally don't get this kind of crowd.
we've got a lot of great things to read, and we want to
cele rate Collier County. There's incredible artwork in the back that
talks about our history.
So having said that, like we always do -- first of all, please shut
off your cell phones. We don't need to hear the Rocky theme, you
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May 9, 2023
know, if your grandma calls or something like that, you know, which
we often do.
But is our -- is our pastor here? Yes. Okay. So let's start with
the prayer. And then the Pledge of Allegiance today -- you hardly
ever hear her voice. Terri Lewis, who is the most dedicated
employee, she -- we speak too fast. She types even faster. l
going to lead us in the Pledge right after the prayer.
0
Item # 1
INVOCATION AND PLEDGE OF ALLEGI
REVEREND KIRT ANDERSON FROM NA OMMUNITY
CHURCH — INVOCATION GIVEN A
REVEREND ANDERSON: t exciting day. So happy to
be here. Let's pray together.
Our Father, just a centu chickens wandered the free
streets of this little fishing e, and hard-working, humble people
did what they could to carN?ut a niche in this often hostile
environment. The lal ored long toward a vision of community
where people co be free, prosperous, and glad.
A hundr ea later, we acknowledged their faithfulness as
every end vo build upon their legacy. We celebrate what they
have done ing that we have a tough act to follow.
se who've gone before us, we want to build community
wh citizens can wander free without fear for themselves or
their ildren, where there's room for the prosperous and the poor to
pursue happiness, and where ancient values of mutual respect and
cooperation will persist to proliferate freedom.
We resolve to continue fashioning this community as a beacon
of hope and freedom to a nation where the lamp of liberty may have
Page 3
May 9, 2023
flickered or gone out. We join this effort together continuing in your
strength as we pray in the name of your incarnate love, amen.
CHAIRMAN LoCASTRO: Ms. Lewis.
(The Pledge of Allegiance was recited in unison.)
CHAIRMAN LoCASTRO: That sounded good. That souti4,ed
robust. Did you feel it? Are you feeling it?
All right. Okay. Ms. Patterson, I know we've got sorb
official business, and then we get to the good stuff, the (Duff.
Item #2A
APPROVE OF TODAY' S REGULAR, CON AND
SUMMARY AGENDA AS AMENDED JAX RTE
DISCLOSURE PROVIDED BY CQ N MEMBERS FOR
CONSENT AGENDA.) — MOTI PPROVE BY
COMMISSIONER SAUNDERS' ONDED BY
COMMISSIONER LOCAST APPROVED AND/OR
ADOPTED W/CHANGBft
MS. PATTERSO14 Yes, sir. We're going to start with the
approval of tod regular, consent, and summary agenda as
amended. I' in to read the changes into the record.
First, o tem 16A 18 to 11 C. This a recommendation to
approve an omic development agreement with PFPI OZ, LLC,
Piku , proposed project "CENTRO" for the reimbursement of
u ,878.56 in actual expenditures for sanitary sewer, drainage,
im fees, and building permits for constructing a mixed -use
deve opment headquarters in the Golden Gate City Economic
Development Zone finding that this applicant is a target business
qualifying for the incentives set forth in the GGEDZ ordinance.
This is being moved to the regular agenda at Commissioner Saunders'
May 9, 2023
request.
Move Item 16A 13 to 11 D, to be heard no sooner than 1:00 p.m.
This is a recommendation to approve the payment of $1,650 to the
River Oaks Homeowners Association for five years of unpaid
assessments for Lot 44, Block A of Palm River Estates, Unit No.
according to the plat thereof recorded in Plat Book 12, Pages
�gz�'
through 30, public records of Collier County, Florida. ThisS4being
moved at Commissioner McDaniel's request. 0
Move Item 16F2 to 11 E. This is a recommendao&o approve
a second amendment to Vacant Land Contract bet ' Collier
County and David Lawrence Mental Health to , c., that extends
the approval period one year -- due to an unex c ed delay in
finalizing the rezoning of the underlying peaty -- the time to
obtain the necessary Site Developrnp This is being moved
at Commissioner McDaniel's requ t.
We have several time -certain t s. Item 11 A to be heard
immediately following 5A. a recommendation to approve the
County Manager's implemCn t* n of one additional personal leave
day for all county employees.
Item 13A to be heard at 11:00 a.m. This is a presentation of the
Annual Compre N
ve Financial Report for the fiscal year ended
September 3 ,
Item 113 e heard no sooner than 1:00 p.m. This is a
recommen to accept the after -action report for the 2023 Florida
legis i ssion and provide guidance as preliminary planning
be the next legislative cycle, and as formerly -- as previously
sta Item 11 D, formerly 16A 13, to be heard no sooner than 1:00
p.m. This is a recommendation to approve the payment of $1,650 to
the River Oaks Homeowners Association.
And we will have court reporter breaks scheduled for 10:30 and
2:50.
MGM
May 9, 2023
With that, County Attorney?
MR. KLATZKOW: Thank you, County Manager. Nothing.
MS. PATTERSON: Commissioners.
CHAIRMAN LoCASTRO: Okay. Do I have any changes to
the agenda or any ex parte on the summary or consent?
COMMISSIONER KOWAL: No, sir, no changes and
partes on the summary.
COMMISSIONER SAUNDERS: Mr. Chairman, (De no
changes and no disclosure as well.
CHAIRMAN LoCASTRO: Okay. Commi r Hall?
COMMISSIONER HALL: No disclos a 1.
CHAIRMAN LoCASTRO: Okay. Co ssioner McDaniel?
COMMISSIONER McDANIEL: Npiftanges or disclosures.
CHAIRMAN LoCASTRO: Oak e for me; no changes,
no disclosures.
So motion to accept --
COMMISSIONER McDL: So moved.
CHAIRMAN LoC Imo! " -- as stated.
Okay. So moved. ond. All in favor?
COMMISSIONER H ILL: Aye.
COMMIS ER McDANIEL: Aye.
CHAI CASTRO: Aye.
CO I NER KOWAL: Aye.
COM IONER SAUNDERS : Aye.
LoCASTRO: Next.
3yPATTERSON: Commissioners, before we move on to our
proclafhations, we do have singers here for the National Anthem.
CHAIRMAN LoCASTRO: Oh.
MR. MILLER: Amy, if I might. This information didn't get to
you. Here to sing our National Anthem, Jillian Lorlano and
Marcella Brown from Avow Hospice.
May 9, 2023
CHAIRMAN LoCASTRO: Excellent.
(The National Anthem was sung.)
(Applause.)
CHAIRMAN LoCASTRO: Thank you, ladies. Thank you for
what you do at Avow Hospice.
MS. LORLANO: Thank you. �+
MS. BROWN: Thank you.
CHAIRMAN LoCASTRO: Very, very much app 'a e and
respected.
MS. PATTERSON: Chair, at your pleasure o to the
proclamations, and we'll approve the minutes e e're done with
our Centennial celebration.
CHAIRMAN LoCASTRO: Okay. going to get off script a
little bit because you've got so many, y , honorable and
respected people in the audience I
So I'm going to read a procl a on as the Chair, and it's on
behalf of everybody up here, ould say even more importantly
it's also on behalf of thosew issioners and those senior leaders
that have served, so -- and I Pink we almost have 100 percent
attendance here. *#*
So before I d this proclamation honoring the 100th
Centennial o Ili e County, let's recognize people that sat up here.
They kno ho ugh this job can be. It's not always a bed of roses,
and the se with honor and distinction. And I'm going to start
right p with Commissioner Donna Fiala. Please stand,
'Vpplause.)
CHAIRMAN LoCASTRO: Ma'am, you have three minutes at
the podium. No, I'm just kidding.
We have -- also Commissioner Patricia Goodnight is here.
Please stand.
Page 7
May 9, 2023
(Applause.)
CHAIRMAN LoCASTRO: If at any time you would like to
switch places and take -- we've got a pretty tough agenda, so you
might not want to pick it. You might [sic] want to pick it.
Commissioner Penny Taylor, please stand.
(Applause.) �+
CHAIRMAN LoCASTRO: Commissioner Andy Soli
Where's Andy? CO
(Applause.)
CHAIRMAN LoCASTRO: Commissioner oyle.
(Applause.)
CHAIRMAN LoCASTRO: You know, e really respect
that -- you and Donna, front row, first sea , ou know, right there,
right in the front, you know. Aweso
Commissioner Tom Henning.
(Applause.)
CHAIRMAN LoCAST don't know if Commissioner
Georgia Hiller made it, i ck in on the back but, you know, we
honor her service as well, he wasn't able to be here.
We also have former ounty Manager Leo Ochs.
(Applause.
CHAI CASTRO: I know Leo doesn't want to switch
places witlLA He's enjoying retirement, right?
MR. S: I'm fine here, sir.
AN LoCASTRO: Tell us, what's retirement like,
h,2 hr.F*& 'V
MR.00HS: Fantastic.
CHAIRMAN LoCASTRO: It's awesome, isn't it?
Neil Dorrill is here.
(Applause.)
CHAIRMAN LoCASTRO: Right there in the back.
May 9, 2023
And I know we have so many business leaders, and we're going
to get to all that. So let's start. I'll read the proclamation. And as I
said, I'm reading this on behalf of all of us and all of those who stood
as well.
LIN
I
Proposed Agenda Changes
Board of County Commissioners Meeting
May 9, 2023
Move Item 16A18 to 11C: Recommendation to approve an Economic Development Agreement with PFPI OZ,
LLC, (Pikus) for the proposed project "CENTRO" for reimbursement of up to $788,878.56 in actual expenditures
for sanitary sewer, drainage, impact fees, and building permits for constructing a mixed -use development
headquarters in the Golden Gate City Economic Development Zone (GGEDZ) finding that this applicant is a target
business qualifying for the incentives set forth in the GGEDZ Ordinance. (Commissioner Saunders' Requests)
Move Item 16A13 to 11D to be heard no sooner than 1:00 PM: Recommendation to approve the payment of
$1,650 to the River Oaks Homeowners' Association ("HOA") for five years of unpaid assessments for Lot 44, Block
A of Palm River Estates, Unit No. 7, according to the Plat thereof recorded in Plat Book 12, pages 28 through 30,
Public Records of Collier County, Florida (Commissioner McDaniel's Requests)
Move Item 16F2 to 11E: Recommendation to approve a Second Amendment to Vacant Land Contract between
Collier County and David Lawrence Mental Health Center, Inc., that extends the approval period one year - due to
an unexpected delay in finalizing the rezoning of the underlying property - the time to obtain the necessary site
development plans. (Commissioner McDaniel's Requests)
Notes:
TIME CERTAIN ITEMS:
Item I1A to be heard immediately following 5A: Recommendation to approve the County Manager's
implementation of one additional personal leave day for all County employees.
Item 13A to be heard at 11:00 AM: Presentation of the Annual Comprehensive Financial Report for the fiscal
year ended September 30, 2022.
Item 11B to be heard no sooner than 1:00 PM: Recommendation to accept the after -action report for the 2023
Florida legislative session and provide guidance as preliminary planning begins for the next legislative cycle.
Item 11D formerly 16A13 to be heard no sooner than 1:00 PM: Recommendation to approve the payment of
$1,650 to the River Oaks Homeowners' Association.
5/24/2023 1:53 PM
May 9, 2023
Item #4A
PROCLAMATIONS CELEBRATING THE COLLIER COUNTY
CENTENNIAL — MOTION TO APPROVE BY COMMISSIONER
SAUNDERS; SECONDED BY COMMISSIONER HALL —
ADOPTED
CHAIRMAN LoCASTRO: The proclamation sa Ovhereas,
100 years ago yesterday Florida Governor Cary Har ated
Collier County by signing a bill establishing it as t d county in
the State of Florida; and,
Whereas, as Collier County celebrates its e tennial and reflects
on the importance of this milestone, we hOPE our founding families
for their vision, entrepreneurship, arld ng spirit; and,
Whereas, since 1923, Collier d has built a strong and
stable foundation where individua milies, and businesses can
thrive, managed progress and mic development responsibly and
created and maintained' t ' ass" programs and services for
residents and visitors; an ,
Whereas, over the past century, Collier County has evolved into
a world -class destination known for its stunning coastal scenery,
white sandy a hem the Everglades, and a sought-after quality of
life often Ile aradise" by its almost 400,000 permanent
residents; a ,
s, the collaborative efforts of the Collier County
c nal officers, Sheriff, Supervisor of Elections, Clerk of the
Ci i Court and Comptroller, Property Appraiser, and Tax
Collector, have been instrumental in the successful development of
our county through their dedication and professional expertise; and,
Whereas, throughout this Centennial year we celebrate
remarkable achievements from the past century, including the
Page 10
May 9, 2023
completion of the Tamiami Trail, responsible management of our
natural resources, a sound economy, and our collective ability to
overcome challenges, including the Great Depression, recessions,
hurricanes, and pandemics with demonstrated resiliency and strength.
Now, therefore, be it proclaimed by the Board of County
Commissioners of Collier County, Florida, that, as we celebrate our
Centennial, we declare the first 100 years of Collier Count tQbe an
exceptional success and express confidence and continu e cellence
in the century ahead.
Done and ordered this day, May 9th, 2023, o if of all of us
and all of you. There we go.
(Applause.)
CHAIRMAN LoCASTRO: Now, f you that are retired but
you suffered up here or over there (in please come forward
and fill in. Donna, Andy, Penny, Leo,et up here. And if I missed
a name out there, I apologize, but e' like to get a picture with all of
xo
the --
MS. PATTERSON- 104, we're going to -- you and I are
going to come unveil that lly quickly. We're also going to invite
up the constitutional officers and members of the historical societies.
CHAIRM oCASTRO: While they're standing here, Maria,
just grab a sh ere, too. You can't have too many pictures, right?
You can't, i h There you go. We'll get to that. There you go.
Come on u ome on up. Right up here. Let's get the elected
offic' s e're going to do the constitutionals afterwards.
k you. All right.
pplause.)
CHAIRMAN LoCASTRO: Plenty more pictures coming.
(Applause.)
MS. PATTERSON: Now if we could have the constitutional
officers please come up, and the historians, and all the representatives
Page 11
May 9, 2023
from the historically societies and others, come on forward, and we'll
get a picture.
CHAIRMAN LoCASTRO: Rob, get on Abe's shoulders, okay.
CENTENNIAL RECOGNITION
OF THE COLLIER COi3�I
BUSINESS AND TOURISM COMMUNITY - MOTI
ADOPT BY COMMISSIONER SAUNDERS; SE
COMMISSIONER HALL — ADOPTED A
TO
It :
MS. PATTERSON: Item 4B is the AntAnial recognition of
the Collier County business and touris unity.
Whereas, on May 8th, 19239 da State Legislature
portioned Lee County to create C i ounty, Florida's 62nd
county; and,
Whereas, it was the v4&iea local businessman, Barron Gift
Collier, that introduced Ned roads, electric powers, telegraphs, and
new businesses to the arya and, with the completion of the Tamiami
Trail in 1928, unl6cked the county potential as a significant
agricultural p A, real estate market, and tourist destination; and,
Whereas, businesses and the tourism industry have
establishe r area and grown over the last century, they have
fuele o r e nomic health and have helped to provide the county the
ab' ' acilitate programs and services that reach all communities
in r egion; and,
hereas, Collier County welcomed 1.63 million visitors,
generating over $2.8 billion of economic impact for Collier County in
2022, creating economic prosperity and enhanced quality of life for
the residents and guests of Collier County; and,
Page 12
May 9, 2023
Whereas, jobs created by small and large businesses, both
for -profit and non-profit, positively impact the quality of life for our
residents and visitors; and,
Whereas, during the celebration of our Centennial, it is the
pleasure of the Board of County Commissioners to recognize the
accomplishments of our business community, our hospitality �+
industry, our entrepreneurs, our minority- and women -own
businesses, our non -profits, and our major employers; 0
Now, therefore, be it proclaimed by the Board ote
my
Commissioners of Collier County, Florida, that, a brate our
Centennial, great appreciation is conveyed to and
tourism community of Collier County whose e o omic contributions
and generous community support make t ' a prosperous paradise for
all of our residents and guests.
Done and ordered this 9th da y 2023.
Let's have our business com ' y and our tourism industry
representatives please come u picture. Thank you.
(Applause.)
MS. PATTERSON: air, while they're all moving to their
seats, we do have a repVsentative from the business community and
from the tourism immunity to speak after your -- after your
comments.
CHA LoCASTRO: I was going to recognize Garrett,
but he's lea , so that's all right.
t oor is yours.
BEIRNES: Good morning. For the record, Paul Beirnes,
to director for Collier County.
And I want to say thank you extremely much for this
proclamation and the acknowledgment of the importance of tourism
commerce here in Collier County.
It definitely is very, very fitting this particular week because
Page 13
May 9, 2023
May 7th through 13th is also designated as National Travel and
Tourism Week, designated in 1983, celebrating travels' essential role
in stimulating economic growth, cultivating vibrant communities,
creating quality job opportunities, and inspiring new businesses and
elevating the quality of life for all communities.
None of this could have been done without the incredibl t
within the tourism industry; definitely within the CVB; our rest
Development Council, many members are here; withou e upport
of our esteemed leaders here on the bench and over tl t 100 years
within the Board of County Commissioners; and e sully the
35,000 people who rely on tourism for their c er ere in Collier
County.
Thank you very much. I appreciate
(Applause.)
CHAIRMAN LoCASTRO: �TIIO ou, Paul.
MS. SCHMELZLE: Hello Gi. od morning. My name Julie
Schmelzle, and, wow, 100 ye
The significance of that asn't quite prepared for as I was
driving here. It's both dat ng and exhilarating for me.
I represent -- I arnAe volunteer chair of the Greater Naples
Chamber board irectors. And this group, many of whom were
here today, re FSsen about the last 25 years of the Chamber's
leadership. These individuals represent our team, presidents and
CEOs Pe
nesses, board members, and board chairmen, spanning
thent years of our 75-year existence. The word "greater"
i enotes that we cover all of Collier County, and the
Gr t Naples Chamber has been a key partner with the Board of
County Commissioners over those many years from working to find
solutions for affordable and attainable housing needs to economic
recovery in the name of Opportunity Naples, a strategic plan joined
between the Board of County Commissioners and the Greater Naples
Page 14
May 9, 2023
Chamber; rolls in funding for I-75 and other transportation
improvements; to providing community leadership in training; and,
most recently, successful advocating for voter approval of the penny
infrastructure sales surtax.
The Chamber and its members are committing to building a
great economy for our county and sustaining our county's out g
quality of place as we're known.
Thank you, Commissioners, and all before us for w g with 1
us as we look forward to continuing to work with yob e next 100
years.
Thank you. Congratulations, everybod
(Applause.)
CHAIRMAN LoCASTRO: You k , as I said at the start,
this is not only a who's who of elected but also of our
business and community tourism lea, .
I wanted to recognize some °� else, but -- this is a superstar
and an icon and a community not only in Tallahassee but here
locally, but -- Senator G �t chter, but he's smart enough to do the
photo op and then immedi tely sneak out the door. But if you
caught him in the back, you know, he knows how to do it; he knows
how to do it. B&ahassee,
ink everybody knows just what an amazing
icon he was i and he continues to perform here
locally in the c munity.
So Senator Richter, sorry you snuck out -- unless he's out there
smoh4 cigarette or something. Can somebody check? No. But
we wanted to recognize his attendance here today as well. So thank
y7o
Ms. Patterson, over to you.
Item #4C
Page 15
May 9, 2023
CENTENNIAL RECOGNITION OF COUNTY COMMISSIONERS
AND COUNTY MANAGERS WHO HAVE SERVED COLLIER
COUNTY - MOTION TO ADOPT BY COMMISSIONER
SAUNDERS; SECONDED BY COMMISSIONER HALL —
ADOPTED
1,0) -
MS. PATTERSON: Okay. Commissioners, we moving on
to Item 4C. It's a Centennial recognition of county issioners
and county managers who have served Collier Coun.
Whereas, on May 8th, 1923, the Florida moire portioned
Lee County to create Collier County Flori 's nd county; and,
Whereas, counties represent the olke,11,14�crm of local government
and serve the individual needs of r gi*°ns within a state by solving
local problems with local solution �Y
p >
Whereas, since their first TiTfg on July 7th, 1923, at the Rod
& Gun Club in the Town �Iep lades, the Board of County
Commissioners has sere NAs Me governing body of the county and is
responsible for setting policies that protect the health, safety, welfare,
and quality of lif f o�residents and visitors; and,
Whereas, e the most important decisions the Board of
County Com Toners makes is the selection of a county manager to
implement policies and to oversee the county's daily
opera ' s; d,
e as, as of the Collier County Centennial, since 70 citizens
e s ed as a county commissioner in Collier County; and,
hereas, including our first female county manager currently
serving, the Board as of the Collier County Centennial, 11 county
managers have served as the chief administrator for the Board of
County Commissioners; and,
Page 16
May 9, 2023
Whereas, via their collective service to our community, county
managers have helped to make Collier County one of the most
desirable places to live, work, and play in the United States.
Now, therefore, be it proclaimed by the Board of County
Commissioners of Collier County, Florida, that, as we celebrate
Centennial, great appreciation is conveyed to the county
commissioners and county managers that have served our cunity
in creating and implementing policies of the Board of C
Commissioners who have dutifully executed their respo-bilities and
have helped to provide programs and services ove ast century
that have made our county a destination for al i to visit or
reside in paradise.
Done and ordered this 9th day of Mq&22 .
We'd like to invite the county coo 's hers and county
managers that are still here up for Ath photo and a copy of the
proclamation.
CHAIRMAN LoCAST verybody get their copy? All
right. Thank you.
(Applause.)
MS. PATTERSO14 e're actually going to receive, ourselves,
two proclamatio One that I'm going to read first from the chief
financial offs r n en the second that you're going to read.
CH A LoCASTRO: Okay.
MS. RSON: And then after that, before we move on to
our pr ion, we are going to have Mr. Mullins or his staff just
tell the dience about the Centennial seal.
,,�HAIRMAN LoCASTRO: Great.
MS. PATTERSON: Okay. Are you going to go now? Go
ahead. It's good. Let's go now.
MR. MULLINS: For the record, John Mullins, your Director of
Communications, Government, and Public Affairs.
Page 17
May 9, 2023
And some questions were asked about the county seal and how
it came to be for the Centennial. Luckily, I have the pleasure of
leading a very talented and creative staff. And one of those staff
members is right behind me, Santiago Arenas, who actually desi ned
the Centennial emblem that you have before you today, which w
affixed to City Hall in Everglades City yesterday and will be a
to Building F today out front. And I want Santiago to comp and
explain his design to you so he can get what credit is du Qhis
talent and creativity.
Santiago.
MR. ARENAS: Thank you, sir. Good
Well, the Centennial seal came about bec s on the 50th year
of the Collier County Jubilee, a seal was to The
Communications Department met wait seums -- with the
Collier County museums, and we fet eate an emblem that pretty
much mirrored the jubilee, addin of o e new designs and taking some
from the past.
Collier County on t he three stars that pretty much
represent the municipaliti ere in Collier County. Then we have
the icons that representAe first seat over at Everglades City. Our
fishermen's villa are pretty much the root of Collier County. We
have -- in co ction with the Seminal tribe, we recreated a canoe
with two ovon it. That was on the jubilee seal as well. And the
� p J
one -- the art of the county commissioner seal that represents
every ich is the wild turkey, along with the word "Centennial"
a e -- and Collier County pier, which is known by many,
al ith 1923 -- or 1923 to 2023 to represent the 100 years that
Collier County has been established.
Thank you.
CHAIRMAN LoCASTRO: Excellent. Great job.
(Applause.)
I
May 9, 2023
MS. PATTERSON: We're in receipt of a proclamation from
Chief Financial Officer Jim Patronis of the State of Florida. I'm
going to read this in, and they've also provided us this really nice
proclamation.
Whereas, on May 8th, 1923, in Tallahassee, Florida, the Flo ' a
State Legislature portioned Lee County to create Collier Cou t
Florida's 62nd county; and,
Whereas, the earliest residents were Paleoindiantthe
Qof
course -- who occupied modern-day Collier County ome
10,000 years ago living amongst Ice Age fauna, s
mammoths and saber -tooth tigers; and,
Whereas, the Seminoles of North Florida i ra ed their way to
modern-day Collier County in the early 1 s, hunting and living in
the cypress swamps of the south; an4L
Whereas, the first permanent t' ent began in the 1870s in
towns and communities that woul r become Everglades City,
Marco Island, Immokalee, an es; and,
Whereas, Collier Count s its name from Barron Gift Collier,
an advertising magnet frovennessee, who became captivated by
the land's beauty, resouyees, and tourism potential; and,
Whereas, t Collier County encompasses 2,305 square miles
of land, maki it t second largest county by size in the State of
Florida as el bigger than both the states of Rhode Island and
Delaware.
T4oA"Aerefore, be it resolved that the chief financial officer and
state fire marshal of the State of Florida does hereby recognize
Colliel County's 100th Anniversary and celebrates the rich history
and accomplishments of this noteworthy Florida landmark that is
Collier County in testimony whereof the chief financial officer of the
State of Florida has hereunto subscribed his name on the 8th day of
May 2023.
Page 19
May 9, 2023
CHAIRMAN LoCASTRO: Excellent. All right.
(Applause.)
COMMISSIONER SAUNDERS: Mr. Chairman, I thought it
was interesting that the legislature took the best part of Lee County
and created Collier County. So I just thought that was an intere * g
fact.
CHAIRMAN LoCASTRO: Boy, that's going to be in � paper
tomorrow. That's Saunders, S-a-a-n-d-e -- District 3. O
And last, but certainly not least, you know, Sen assidomo
is just a huge fan of ours here in the county. We to meet with
her a couple months ago, all five of us, and, y , we just
couldn't be more proud to -- all of us, to serve it her and to watch
her really ensure that, you know, Collier my is a priority, as well
as every other county in the state. $u ' ' e that we have a
personal relationship with her, anNNe'ry fortunate.
And, you know, I guess wh re senator, a little fancier
frame, a little nicer. You kn a hough ours aren't bad either. But
I'm going to read a procl •orl.
A Florida senator's p amation, a tribute recognizing the
Centennial anniver ary fof t e founding of Collier County.
Whereas, t rea that would become Collier County was settled
for thousands ea before the creation of first towns in the middle
1800s; an
Wher arron Collier first visited Southwest Florida in 1911
and be purchase property in the area throughout the 1910s, and
1920s• ,
hereas, Barron Collier offered to assist with the funding of the
construction of Tamiami Trail in exchange for the formation of a new
county in Southwest Florida; and,
Whereas, by an act of the Florida Legislature, Chapter 9362,
Laws of Florida, in 1923, as signed by Governor Cary A. Hardee on
Page 20
May 9, 2023
May 8th, 1923, Collier County was created in Florida.
Now, therefore, I, Kathleen C. Passidomo, President of the
Senate of the State of Florida, do hereby proclaim that May 8th,
2023, be recognized as the Centennial anniversary of the creation and
founding of Collier County in the State of Florida.
Signed, Kathleen Passidomo, President of the Florida Sen►
Florida State Senator, District 28. 'A
(Applause.) AP0
CHAIRMAN LoCASTRO:
her.
MS. PATTERSON: Chair,
standing, take a picture with CFO
one that is with the ribbons on it?
CHAIRMAN LoCASTRO:
Take a group shot
it to
would you 1' Rdation
C hile you're all
Patronis' pro as well, the
Yes
MS. PATTERSON: And be sit down you should have
two framed copies behind you.
tourism and one for representA
they will be coming up
CHAIRMAN Lo(
e or the representatives of the
of the business community, and
those from you.
O: Okay. These are identical or --
MS. PATTERSOl*. Yes.
CHAIRMAALoCASTRO: Right, these are identical?
Okay. th nks very much.
Okay, VvNpe done for the day. See you in two weeks.
MS. PVRSON: Commissioners, if we could get a motion
to ac®kp'proclamations.
LoCASTRO: Motion to accept.
MMISSIONER HALL: Second.
COMMISSIONER SAUNDERS: So moved.
CHAIRMAN LoCASTRO:
favor?
COMMISSIONER HALL:
Okay. Moved, seconded. All in
Aye.
Page 21
May 9, 2023
COMMISSIONER McDANIEL: Aye.
CHAIRMAN LoCASTRO: Aye.
COMMISSIONER KOWAL: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN LoCASTRO: Opposed?
(No response.) �+
CHAIRMAN LoCASTRO: It passes unanimously.
0
Item #5A
CELEBRATING 100 YEARS OF COLLIER AND ITS
MANY COMMUNITIES — PRESENTED
r
MS. PATTERSON: Thank you. oves us to Item 5A,
presentations.
COMMISSIONER SAUND We still have a -- I'm not
sure, did we approve the cons Arenda and --
CHAIRMAN LoCA^Z Yeah, we did.
MS. PATTERSON: Nid we get a motion?
COMMISSIONEI�SAUNDERS: I didn't know we had a
motion to do th
MS. PATER N: We'll double-check and make sure we
don't have o sag back on that. Did we not?
CHA N LoCASTRO: I think we did.
SSIONER McDANIEL: We did.
PATTERSON: Okay. I've lost track with all the
festivi ies.
Okay. Item 5A is celebrating 100 years of Collier County and
its many communities, and Ms. Amanda Townsend, your museum
director, is here to present. If you direct your attention to the back of
the room.
Page 22
May 9, 2023
MS. TOWNSEND: Good morning, Commissioners. Amanda
Townsend, director of the Collier County Museums.
It's kind of interesting to be presenting to you from the back of
the room, but I wanted to take a moment on the -- at the time of our
Centennial to recognize what an excellent job Collier County ha
done in recognizing and preserving our history.
It's 100 years of this county. And our pre-Columbian- is
really kind of short, right? If you're from New Englan 0i you're
from Europe, then you sort of look at Collier County o, 100
years, that's nothing. But if you think about what azing job
we've done at preserving our history so far, th can imagine
what, in several more hundred or a thousand y r , t at's going to be
like. A
And it's -- you saw all those peep i ing up before you this
morning. And our commitment t 'story is truly amazing.
And we have five free count seums that recognize the
history in our many communi Snd none of those came from any
of those commissioners revious museum director or even any
commissioner. Every on our museums came to the Board of
County Commissioners as a citizen initiative because the people of
Collier County e their history and want to see it preserved, and in
each time the ar tepped up and made the commitment to that
preservati d we absolutely thank the citizens for their faith in
us and the for their support in us. It's absolutely an honor.
ant to take just a moment to recognize the 19 members
o lier County Museum division staff. They can't all be here
be e they're sitting at our greeting desks, you know, welcoming
other people and sharing that history. But they do a great i ob every
single day.
We were really honored to be able to put together an exhibit for
the chambers, and I'll walk you real quickly through a little bit. We
Page 23
May 9, 2023
often think of Naples as the -- as synonymous with Collier County,
but the fact of the matter is is that there are many communities.
We're 2,305 square miles, as has been mentioned before, the second
largest county in Florida, and so there are these small communities
that it's important that we remember.
Copeland was created as -- really as a logging town.
Chokoloskee is an island south of Everglades City, has a ristory
starting as a -- really as a truck -farming community but more like a
boat -farming community, right?
And one of my favorite little tidbits about Ch skee is that
the postal service rejected that name originall�n o e first town
name of Chokoloskee was "Comfort." And in�I ��I there ma not
Y
have been a whole lot of comfort on the e of the swamp, but it's a
nice little tongue -and -cheek remindir some of our pioneers
have been through.
Ochopee started as a tomato ing community, famous now
for the smallest post office in ited States, which was once, in
fact, an irrigation shed.
And Everglades City, course, is the birthday -- birthplace of
Collier County. I really appreciate those of you who were able to
take the time an lebrate that with us yesterday for our Centennial
commemorat' there. Beautiful, rich history, as many have spoken
today and est y about the vision of Barron Collier and how that
was ex res Everglades City, and we certainly appreciate their
support artnership in celebrating our history.
should mention, of course, that if you'd like to learn more
ab t rverglades City history, you should visit our museum of the
Everglades, which is the former commercial laundry building there in
town.
Immokalee is our agricultural community. It's our biggest
non -coastal community. It really started with traders and fur
Page 24
May 9, 2023
trappers and grew to be our agricultural hub for cowmen and then, of
course, later -- later farming, and has grown into what I think is the
most dynamic multicultural and harmonious community with the
most amazing hometown pride that I have ever seen. And if you
haven't spent any time in Immokalee, I recommend you do, and
of the places you can spend that time, of course, is at our Im e
Pioneer Museum at Robert's Ranch.
And I said earlier that Naples is somewhat simultaneous -- or
synonymous, excuse me, with Collier County, and th rya reason for
that. It truly is a gem. It was really conceived a ation
destination from day one, from 1887, and struvgje row until the
Or
Orange Blossom Special arrived in 1927.
And then with the coming of the a it field in Mid -Century,
of course, the word was out, and the�p has been exploding,
and that -- and Naples has been re � ering as one of our jewels
ever since. %0;•
Our Naples Depot Muse losed right now for hurricane
recovery, but also anoth rful place to learn a little bit more
about Naples' history is th aples Historical Society's Palm Cottage,
which is on 12th Street.
And then w ave Marco Island. I mentioned earlier that we
don't hav4t'bly ong history since Spanish contact, but, boy, we
have an aamazing history when you take pre-Columbian
i deration. And there is nowhere better to learn
peoples
about that than Marco Island, particularly at the Marco Island
H' 'cal Museum, which currently has on display the world famous
pr umbian -- or excuse me -- Key Marco Cat, which is
considered one of the most finest pre-Columbian artifacts ever
discovered in North American. That will be on display through
2026.
Isle of Capri and Goodland are sort of sister communities to
Page 25
May 9, 2023
Marco, and they each have their own unique feel and flair. Isles of
Capri was developed by Doc Loach, and I loved reading some stories
about how hard he had to fight for his community to get a road there
and including, at one point, suing the school district to assure bus
service for the children of the Isles of Capri. And that commune
still fights hard for their little fishing village feel.
As does Goodland. Really charming place and reall i`smd of
quirky and is carved out of history for itself, kind of cro up
overnight when families from Caxambas were relocata' , ere in
g ,
1949. And, again, they have their own mullet fes pammy
Jammy, they even have their own unique dan a e Buzzard
Lope. Really fun community.
And then moving on to some of -- s o our newer
communities. Golden Gate was onice land scam, and now it
is an absolute haven for people wa to get away from the urban
life, who want a little more inde e%goce and want to be able to
enjoy everything that Collier has to offer in a more rural
atmosphere.
And then, of course, newest community, Ave Maria, isn't
even 20 years yokcrch
e�ibut is showing what we can do with our new
sort of advance of developing land and, as well, just a
beautiful Cat ' there and growing place for families, and as
well as th uni ity.
So at 'ate you taking just a moment to walk through a little
bit of ory. It can only really scratch the surface here. We
h ou will join us at some of our museums and take a little
de e dive. This exhibit will be on display here through June, so
hope you get the opportunity to take some time with it. And, again,
it was an honor to be able to provide it.
(Applause.)
CHAIRMAN LoCASTRO: Thank you, ma'am.
Page 26
May 9, 2023
Item #2B
APRIL 11, 20231 BCC MEETING MINUTES MOTION TO
APPROVE BY COMMISSIONER MCDANIEL; SECONDED
COMMISSIONER KOWAL - APPROVED AS PRESENTE�
MS. PATTERSON: Commissioners, we're going p back
to Item 213, which is approval of the meeting minutes froptin
April 11 th, 2023.
COMMISSIONER McDANIEL: Mov r Nrvval.
CHAIRMAN LoCASTRO: I've got a m into approve. Do I
have a second?
COMMISSIONER KOWAL: .S
CHAIRMAN LoCASTRO: Motion and a second. All
in favor?
COMMISSIONER HALve.
COMMISSIONER EL: Aye.
CHAIRMAN LoCA O: Aye.
COMMISSIONE14eK WAL: Aye.
COMMIACASTRO:
R SAUNDERS: Aye.
CHAIIt passes unanimously.
That' wyNwe forgot was to approve the minutes, not the
consent.
Okay Good. We're on track now?
3yPATTERSON: You're all set.
AIRMAN LoCASTRO: Too many proclamations.
MS. PATTERSON: We just didn't want to approve those
minutes in the middle of the flow with the National Anthem and the
proclamations. So we've got it all taken care of.
Page 27
May 9, 2023
Item 7
PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE
CURRENT OR FUTURE AGENDA
MS. PATTERSON: Item 7 is public comments on gene
topics not on the current or future agenda.
MR. MILLER: We have one registered public co Qht, Dan
Cook.
MR. COOK: Good morning, Commissioner . at was
a -- it's funny, when I first started coming to t e etings, I would
maybe complain about all the proclamations a t e stuff that goes
on before the agenda items, and now I ha uch more of an
appreciation for it. You know, I lei of from the
presentation here. I get to learn a 't, 't more about the county.
And, just speaking from the a , I really appreciate this
county. I appreciate the wor a ou guys do. I appreciate being
able to live in a commun' county that stands up for freedom,
protects our liberties, pro t t this community.
And I come to the 4aodium today because, just as important as
protecting our li ies and our local community, is I think the
situation goi a ur southern border right now warrants a
conversati n a t protecting our country and protecting the actual
border.
ay or you may not see in the news right now that Title 42
is be expiring on Thursday and that there are tens and tens of
t�qlds, possibly hundreds of thousands of immigrants waiting to
come into the southern border right now. And the way that I read
the Constitution, it's the President's job to secure our borders and to
protect the states from invasion. I think the President is derelict in
his duty right now. I don't think he's securing the border, as I would
I
May 9, 2023
like him to do that. So then that begs the question, who's going to
secure the border? Who's going to stand up for American
sovereignty?
I don't necessarily have the answer to that, so I'm here just to
express my concern and maybe ask the commissioners and ask y
guys to possibly maybe write a letter to the Governor or lean e
Governor. I read in the paper last night that Governor Ab
Texas has committed 10,000 National Guard trooOersending
(o vn to the
southern border to help the Border Patrol. I don'it's within
Florida's purview to contribute to that, but if it is his is
something that's of concern to you, I just wan ress my
request to possibly lean on the Governor to co i the
Florida National Guard to contribute to thA because I think
defending our southern border -- defe i of our border is
something that affects all Americas, I think it's worthwhile to
reach out to the Governor, and es �cia ly if it came from you guys,
because he's not answering m t s or emails.
But in all seriousne -- everybody here has sworn an
oath to our constitution, s rn an oath to protect our liberty, so if you
can do what you're able to in that regard, I would greatly appreciate
it.
Thank y u
MR. UI R: And that was our only registered speaker for
public
I
THE COUNTY MANAGER'S IMPLEMENTATION OF ONE
ADDITIONAL PERSONAL LEAVE DAY FOR ALL COUNTY
EMPLOYEES UNDER THE DIRECTION OF THE BOARD
Page 29
May 9, 2023
INCLUDING THE COUNTY MANAGER'S AGENCY, COUNTY
ATTORNEY' S OFFICE, AND BCC OFFICE STAFF TO BE USED
MAY 101 2023, THROUGH MAY 9, 2024, IN HONOR OF
COLLIER COUNTY' S CENTENNIAL CELEBRATION -
MOTION TO APPROVE BY COMMISSIONER MCDANIEL;
SECONDED BY COMMISSIONER HALL — APPROVED
MS. PATTERSON: Commissioners, the last of o ntennial
items is Item 11 A. It's a recommendation to approv ounty
Manager's implementation of one additional perso ve day for
all county employees under the direction of t o ncluding
County Manager's agency, County Attorney's ce, and BCC office
staff to be used May 1 Oth, 2023, through y th, 2024, in honor of
Collier County's Centennial celebratio .
5
This item is being brought to nda by the County
Manager's Office. We spent som t e thinking about an
appropriate way to recognize e orts of our staff during the
Centennial year. I thin ody has enough T-shirts, and, you
know, a picnic is somethi e're still considering as an ongoing
staff recognition. *#*
But the ide se up about an additional personal day, similar to
what we gra v ious service milestones, and so we thought this
would be o idea to bring to you -all for your consideration.
The d 11 be good for one year, as indicated, starting, if
appr e you, tomorrow, and good through the Centennial year.
It' "use it or lose it," similar to our other service awards and our
PeNAI days, and it just is a nice way to thank the staff for their
service and all of those things that they do.
We did extend this out to the constitutional officers should they
want to implement the same within their organizations.
CHAIRMAN LoCASTRO: Well, I know all of us have been
Page 30
May 9, 2023
briefed separately on it. Do I have any commissioners that have a
comment or an objection or anything they wanted to say before we
have a motion to approve?
COMMISSIONER McDANIEL: Move to approve.
CHAIRMAN LoCASTRO: Second. So we've got a mote
and a second. All in favor?
COMMISSIONER HALL: Aye.
COMMISSIONER McDANIEL: Aye. 0
CHAIRMAN LoCASTRO: Aye.
COMMISSIONER KOWAL: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN LoCASTRO: Opposed?
(No response.)
CHAIRMAN LoCASTRO: It�p s animously.
MS. PATTERSON: Thank t'A�, mmissioners.
Item # I OA
RESOLUTION 2023-90: ESOLUTION UPDATING THE
POLICIES RELA),ING TO CODE ENFORCEMENT LIENS,
DIRECT STAF REVISIT ITS PROCEDURES FOR
PROSECUT�CODE ENFORCEMENT CASES, AND DIRECT
STAFF T I USS AND REINFORCE WITH THE CODE
ENFOB.CEVIENT BOARD AND SPECIAL MAGISTRATE THE
PARAWi4ERS FOR THE IMPOSITION OF FINES FOR CODE
�ONS -MOTION TO ADOPT W/CHANGES BY
C ISSIONER MCDANIEL; SECONDED BY
COMMISSIONER HALL —ADOPTED
MS. PATTERSON: That brings us to Item IOA. This is a
recommendation to adopt a resolution updating the policies relating
Page 31
May 9, 2023
to code enforcement liens, direct staff to revisit its procedures for
prosecuting code enforcement cases, and direct staff to discuss and
reinforce with the Code Enforcement Board and Special Magistrate
the parameters for the imposition of fines for code violations.
This item is brought to the agenda by Commissioner LoCas
and the Board's direction and the County Attorney's Office,,a �11 as
the Growth Management Department Community Develo t are
here to present and/or answer questions.
CHAIRMAN LoCASTRO: Sure. Let me just e table a
little bit. This is what we've talked about. I wan first see if
you had an appetite for us, not changing the c just putting a
little bit more structure, a little bit more detail e've learned a lot
of lessons over the years, and it sounded everybody, when I first
brought this up a couple meetings ago k that was a good idea.
I've been working closely wi 1, latzkow on putting
together a -- not only an executive a mary but a resolution that was
not too complicated. You kn e're not trying to, like, overhaul
the process. We're just restress a few things when it comes
to liens and how the coun blements them and enforces them.
And then when it gomes to just basic fines, the less government,
the less things t we sort of -- less ordinances, sometimes the less
resolutions t tte , and what -- and I'm going to turn it over to
Mr. Klatzk ow ort of just give us a good executive summary.
But in particular case, I believe we've already sent the signal
to th nforcement Board, hey, we're really looking for you to
d e diligence. And there's always special cases, but in the
ca o somebody that has a huge fine, it doesn't just go to zero
because they finally mowed the grass, you know, and those kind of
examples.
But having said that, let me turn it over to Mr. Klatzkow. He's
going to give us sort of what I'm asking for us to vote on to include in
Page 32
May 9, 2023
the ordinance that will help better define a few things and then,
verbally, he and his staff are going to do several things to make sure
that the Code Enforcement Board, our staff, and folks that are
involved all the way in between just get the message of what our
stance is on liens and fines and things of that nature.
So, Mr. Klatzkow. �+
MR. KLATZKOW: Over the past few months, the Cl and I
have had a number of conversations on this issue. And I did
was I asked the assistant county attorney, Colleen Ke ' o work
with Jamie, look at what other counties are doing, is try to put
together something that's sort of like right in t m le of it, sort of
like best business practice, move us more tow a s a irm-but-fair type
of process. And I leave it to Jamie and een to discuss what
they've come up with.
MS. KERINS: Colleen Ker'w
istant County Attorney.
Our prior process for the reliens after they've been
imposed by the Code Enforce�Bmoard and by the Special
Magistrate was a more info allprocess where they would write a
letter to the Code Enforcement Director and tell their story.
What we're really .Vying to accomplish with this is a more
formal process r iring people to show more documentation, pay an
application f n t gives staff the opportunity to make sure that
they're in m nce with not only our code enforcement rules, but
also with o�nin rules making sure their taxes and all the special
g � g p
asse s are up to date before we bring it to the Board for our
re m dation for settlement.
e of the other things it will be doing as well is it puts a cap on
the amounts of fines that will be liened on the part of what will be
forgiven. It's based on the market value.
Different areas of the state do different things. Some have a
straight "it's reduced to $1,000 regardless as to what's been accrued."
Page 33
May 9, 2023
Other places are it's tied to a percentage of the accrued value.
In our case we're trying to really stress that it's a fair imposition.
For example, if you have a $35,000 property, it would be 10 percent
or 20 percent depending on whether or not it was a repeat violation.
So it really is fitting the property value as opposed to someone w's
had 10 years of accruing fines. �+
So hopefully we'll avoid the situations where we have 0,000
worth of accrued fines coming to the Board for forgivene
Also within the resolution we do have a part for
Enforcement annually to bring back a report to th d to go over
what the accrued fines are on different prope t er or not there
is a homestead on the property, which will allo s o determine
whether or not we can foreclose on those pripperties, which is not
something we've typically done in the rs.
There is also a recommendatio n we were going through
this process, to have our office gQ a to the Code Enforcement
Board and the Special Magist revaluations as to the factors
delineated under Florida t 62.09 where they have to consider
certain things before they ose that fine, which then becomes the
lien that is owned y the Board of County Commissioners.
We want to ke sure that the people are given an opportunity
to present the' iti ting factors and that the Board and the Special
Magistrat are 'ng given a full picture as to what the situation is
going forw
e things we're working on doing is revamping our rules
ancl'f' tions for Code Enforcement Board and Special Magistrate
to have a more formal process there as well with requirements that
their arguments for continuances, extensions of time, and mitigating
factors for imposition be put into writing.
So hopefully this will avoid some of the issues we've been
uncovering over the last two years as to having these large liens that
Page 34
May 9, 2023
are having to be reduced.
CHAIRMAN LoCASTRO: Do you have anything else to add,
Mr. Klatzkow?
MR. KLATZKOW: No. We're going to be more proactive on
this. I mean, one of the problems I think the Board's had, we'll ve
somebody purchase a home with a code lien on it, and they d* t'
title report, they know about it, but then they come to the B
anyway asking for forgiveness, and we've tightened tha Qhole out.
I mean, if you're buying your property at a reduced v ecause of
a code lien, then you're going to pay that code lien
We're -- again, the concept is to be fair b i o code
enforcement. The idea behind tying it to the r en age of the
homestead is if you've got a million-dolla roperty, you know,
$50,000 is one thing. If you have a.$ roperty, $50,000 is
above that. So that's why we tied 't, e fair market value of it.
And, again, this is an evolvin cess. The County Manager
will be coming back a year fr with a report on this. Jamie
will be working on that t the new Code Enforcement
director, and we'll see ho s working, whether or not we need to
make changes to it or tveave it as it is. But you'll get a report a
year from now&SoCASTRO:
how this is actually working in the field.
CHAIR Yeah. Before I go to the
commissi ers t are lit up, just to finish, I guess, setting the table
is, you kno en these $800,000 fines come to us, and we all sort
of ' ' ike, oh, yeah, that's not -- you know, that's not real, this
d m like a very good process here. I mean, we've checked
wi er counties. There's other people that are doing it a bit
tighter.
What I like that you said -- and then I'm going to turn it over to
my colleagues -- this provides more information. I like how you
said "a more full picture," you know, for the Board and the people
Page 35
May 9, 2023
involved, more involvement by our staff. So, you know, there again,
it sort of dovetails on more information before decisions are made.
More due diligence and oversight so that we're not necessarily going
from, you know, a big fine to zero with minimal information,
minimal discussion.
And there's -- and in the end there's always extenuating
circumstances. So there is always an out if there is somethi't at,
you know, the county's not of, that lane of, you know, en
sation
has not evaporated, in fact, but it will be something te
considered now with a lot more information, whic which is
what I like.
So I know -- I appreciateyou-all workingSnhlis really hard
and, also, not making it too -- too verbie
W�really -- we've really
summarized it down. And some thinthink don't change the
process per se, it improves it. It a things to it and specifies
in words some things that were -- ou said, were sort of loosely
handled where now it has mo&�gao
ificity.
But having said thats lettomy colleagues.
Commissioner Daniel [sic] and then, Commissioner Hall, you're on
deck, sir.
Commissioner McDaniel.
COMM OVER McDANIEL: Okay. I thought you said
Daniel.
CHA N LoCASTRO: No, Commissioner McDaniel.
SSIONER McDANIEL: Yes. Good morning,
Mr.l
've got a couple of comments. Specifically No. 9 showed up
today, and it was not in the original -- it was not in the original
agenda package that I downloaded. Number 8, in the executive
summary that talks about the reduced percentages. I'd like -- my
initial -- my initial thought was to eliminate that because it provided
Page 36
May 9, 2023
for too much subjectivity at a staff level.
And so if we're going to go forward with No. 8, I'd like to
change the language or suggest a change in the language that we
move it over to the assessed value of the current year that the -- that
the lien was actually imposed. It provides for a place for staff to go
to actually pick a number that was already a matter of record, and
we're not dealing with this nebulous market value, which shifty all of
the time. O
I, personally -- again, going back to the -- havin t done at
the -- having that done at an administrative level a v�for potential
subjectivity decision -making that I would pre n in fact,
transpire.
I like the -- I like the other issues or A,21er suggestions that
were brought in, because what we're a ooking to do is have a
property owner who has a compla' N' ien filed take steps prior to
the disposition of the asset to act 1 ring it forward and cure it. I
like that aspect of what, in factAu e doing.
So I do have a coup i ments on the processes over and
above this particular item, ut that's my number -one comment with
regard to No. 8, so... �
CHAIRM oCASTRO: I'll -- I'd really like Mr. Klatzkow
to answer. rea y been the champion and the author of this
working w�th nd trying to package it.
m I will ' not falling on my sword on any of these. I
want t at least present something that we are all comfortable
w* I really value the opinion here. We want to try to -- I don't
wa say we want to try to. We want a document that is going to
complement and improve the process that we already have.
So this is -- this is great conversation, and if there are some
things in here that we need to go back to -- I don't want to say the
drawing board, but we need to edit some things, you know, there's no
Page 37
May 9, 2023
rush to judgment here. We want to -- you know, I always say
measure twice and cut once.
But let's take yours one at time, Commissioner. So No. 8, your
concerns on No. 8, and then I'd like Mr. Klatzkow to comment as
to -- would Commissioner McDaniel's suggestions improve it, c ge
it, not? You know, I know you've done the deep dive with s�
other counties and all the legalese, so -- and like I said I'm-+6
g >
married to any one of these with actual specific verbiag Out I think
this is healthy conversation.
MR. KLATZKOW: Yeah. I think the ideaps g it to an
assessed valuation is an outstanding idea beca i iv s certainty to
it.
COMMISSIONER HALL: It's esta 'shed.
MR. KLATZKOW: It's right on th site.
COMMISSIONER McDANI o the year that the lien was
effectuated.
CHAIRMAN LoCAST eah.
COMMISSIONER M EL: If you provide for that
specificity, I can leave -- I can leave No. 8 alone. It just takes away
the -- 4+4
MR. KLA�,4OW: I think --
COMM OVER McDANIEL: -- discretion of the market
value.
M!eAN
KOW: -- it's an outstanding idea.
LoCASTRO: And then what was 9? You had
:1
on 9?
COMMISSIONER McDANIEL: Well, 9 was new. It wasn't
included in the Board package that went public last week, and I didn't
find any -- necessarily, I didn't find any fault.
So, now, let's take care of this, and then I have a discussion with
regard to processes at all.
May 9, 2023
CHAIRMAN LoCASTRO: Okay. Let me go to
Commissioner Hall. Sir.
COMMISSIONER HALL: Thank you, Mr. Chair.
Regarding No. 7, title policy is really not required to purchase
property in Florida. It's common practice if you have a lien or 1 ou
borrow money, but if you pay cash, it's not required. And so t s
investors that purchase with cash, and they're adding valuehe
property. There's foreclosures that are bought at the co louse that
you don't have time to do any title work. And owne cing, you
could -- I could have a lien on a property, and I w et out of it,
so I owner finance it to somebody that doesn' ;66 t. I take
$20,000 of their money down, and I finance it, nt en all of a
sudden, this lien passes to them.
So all of the other criteria would e met anyway. You
know, it would have to be abated, lkNzmaxes paid up and so forth.
So I just -- I was just bringing that Closing documents will show
if there's a lien on the propert ay, your HUD-1 statement or
whatever, or it will show aid cash for it.
So I could be comfo le with it. I mean, I'd be all right with it
the way it says, but I would prefer the title policy not to be an indice.
CHAI" LoCASTRO: Is there a way to better write it, or
you think the some things on there that just need to be, you know,
redlined b cau t's confusing? And then, Mr. Klatzkow, give us
your comm Because we want the best document possible, so
that' point.
MISSIONER HALL: I mean, I totally understand, you
kn somebody that is aware of the lien, and they're just using that
as -- you know, as an escape. But if -- I don't want to -- I don't want
to punish the many based on -- you know, on the few.
MR. KLATZKOW: Well, I guess I'm trying to ascertain the
intent of the Board here, because this comes out of a couple
Page 39
May 9, 2023
conversations people have had coming to the Board saying, look, I
purchased this property, and I didn't know about this lien. And, like,
I find that astounding myself --
CHAIRMAN LoCASTRO: Right.
MR. KLATZKOW: -- that you would spend that kind of
money and not do a title search, but -- for the $150 it costs, b t tt s
just me.
We tied it to this because it's an easy document to t. If
you just want to -- if you just want to say that when siz ,uy your
property with an outstanding lien, you know, it's c emptor. I
mean, buyer beware, and that's the end of it. e n' tie it to a title
insurance policy.
COMMISSIONER HALL: Sure. ean, I understand -- I
understand the rationale.
Yes, Mr. French.
MR. FRENCH: Just wonde , what if we just inserted some
terminology? Because this r as in response to that gentleman
that had bought properti at property owner before and said,
on this one I just didn't ha itle insurance, and I just didn't -- I didn't
do my background, and,#goodness, the Board -- the Board gave him a
gift.
But that' tN-erson why this is in here, as Colleen and I have
discussed. Bu hat if we use something "and/or" or "if applicable"
so that if th 's a need for having title insurance --
SSIONER HALL: Sure. I mean, if you look at the
closing cument and there's a loan documented on there as the first
lien,�t en you know that there's a title policy involved.
MS. KERINS: All this language would do is require the people
to include those documents, if applicable, in their application as an
attachment so that we have full understanding as to what the situation
is moving forward.
May 9, 2023
And the way it's phrased as well is for the purchase of the
property. I didn't want to have things hindering if it's a property
going through probate where there really is no purchase but there is a
title change.
So I tried to do it as discretionary as we could to kind of al
the people who have situations like probate go forward and h v�
it -- which is why it says it may be considered as a reason f
rej ection. 0
COMMISSIONER HALL: Sure. I'm fine.
MS. KERINS: We can clean up the langua make it more
clear if it's the Board's prerogative.
COMMISSIONER McDANIEL: Person l --
CHAIRMAN LoCASTRO: Yes, si6 Go ahead.
COMMISSIONER McDANIE, ,: omment --
CHAIRMAN LoCASTRO: 1 go to Commissioner
Saunders.
COMMISSIONER McD L: I mean, our goal here, or at
least I think our goal here i, there may not be -- there may be
future boards that aren't as aware as we are with regard to real estate
transactions, and so theAoal here is to get as much information -- the
way I was readi hese things is the proposed resolution creates that
final written m t for the property owner to come through the
process an�sXy this necessary information.
CHAIIPMAN LoCASTRO: Right.
SSIONER McDANIEL: And then when another board
has ,ii�ffr of a property owner's issue who made an error, didn't do
th e diligence, bought a piece of property, didn't do a title
search, they get to be held accountable for that and not go, oh, I'm
sorry.
CHAIRMAN LoCASTRO: Right.
So are there -- just to summarize here before I go to
Page 41
May 9, 2023
Commissioner Saunders. I like what you said, Mr. French. I think
there's a couple little words -- you know, not to wordsmith it to
death -- that would give No. 7 more clarity.
So, Commissioner Saunders, what do you have, sir?
COMMISSIONER SAUNDERS: Thank you, Mr. Chairm
First of all, I want to thank you for really taking the lead s
issue.
One of the biggest complaints we get from constit t�s 's
problems with their neighbors making too much nois oing -- not
taking care of their property, and Code Enforceme ery, very
important especially if you take a look at Gol e ity, as an
example, where there are numerous code viola 'o s t at just go on
and on forever, even though Code Enforc en?may not be able to
take any particular action. So I just w ank you for really
taking the lead on this and beefin process here.
My biggest concern was witVdidn�'t
because we just don't know
what the fair market value is, want to have the county
have to get appraisals to ne that value, but that's taken care of.
And it sounds like No. 71 ken care of as well.
So the issues that t ha made notes on have been addressed.
So, again, just to dank you for taking the lead on this.
CHAIR LoCASTRO: Okay. Anybody else?
(No r s o .)
CHA N LoCASTRO: The other thing, too, that's a -- you
kno want to be too repetitive, but the homework assignment
fo atzkow -- and he guarantees me this -- is that when -- we'll
m e t e changes here -- and I think we can -- I hope we can vote on
it based on the changes, and then the new document would go out,
but also, too, it is imperative -- and our legal team is going to take the
lead on this -- is that when this is presented to Code Enforcement and
other staff, as I said before, not only will this, you know, be
Page 42
May 9, 2023
explained -- although, I think it's self -exploratory, but also finishing
the conversation when it comes to fines and what -- because we
already have the right things in print, so I don't think we need to
rewrite everything.
But the conversation that we had, it's just a reconfirmation t t
they do their ready due diligence, if there's not an extenuating
circumstance we don't o from 100,000 to zero in 10 seconds, and
g
then the person walks out the door, and that they also get guidance
and input from the county staff. �.
I mean, I had a conversation with Mr. FrenchC
e he said,
wow if something's going to Code Enforcem ahave a lot of
g g g
background information that they don't have, kesure we're
at that Code Enforcement meeting, not to Aat up the person who's at
the other podium, but to make sure tha e and has all of the
information possible before they ruje omething so that, you
know, we're not giving away tax, V��
e dollars or we're not overly, you
know, penalizing somebody. &Zhink that will definitely make the
process much better.
Commissioner McD Qel.
COMMISSIONER McDANIEL: I'll make a motion for
approval as ame d with those language changes to No. 8, and I
think, if I he ou correctly, you're going to change it, "closing
documents -or t insurance"?
MS. S: Correct.
SSIONER McDANIEL: And change the "and" to an
" make that -- I'll make that motion.
MMISSIONER HALL: Second.
CHAIRMAN LoCASTRO: Okay. I've got a motion and a
second. All in favor?
COMMISSIONER HALL: Aye.
COMMISSIONER McDANIEL: Aye.
Page 43
May 9, 2023
CHAIRMAN LoCASTRO: Aye.
COMMISSIONER KOWAL: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN LoCASTRO: Opposed?
(No response.)
CHAIRMAN LoCASTRO: It passes unanimously.
Thank you, gentlemen.
MR. KLATZKOW: Thank you. O
MR. FRENCH: Commissioners?
CHAIRMAN LoCASTRO: Yes, sir.
MR. FRENCH: Just one moment. Ag ie French, for
the record, your department head for Growth a agement. I wanted
to take the opportunity to introduce Tom Aqimarino, our new Code
Enforcement Director. Not often do ypqsvo pick your successor,
but Mr. Ossorio, our current CodeNi�, r -- or former Code
Director, sat on our interview pan�nd Tom was his number one.
Tom has spent the last 3 of his career as a first responder
with the National Park Sor4 actually lives right here in Collier
County, has for nearly 20 ) rs, and he's worked as a wildlife officer,
boater safety, firefi htep, law enforcement, and he's already got an
established wor ' relationship, I know, with the Sheriffs Office
and the City ve ades. So we're very pleased to introduce Tom.
And kno 've made him around -- I've made the rounds to be
able to intr e you to some of them [sic], but we're awfully
grate e chose to stay here in Collier County and come aboard
with u .
we're looking forward to advancing our organization and,
again, and sending Mike off. Mike's been a -- he's going to still be
with our organization, but Mike did a great job as Code Enforcement
director and certainly set the bar pretty high.
So any questions or comments for Tom? He's -- I think he's
May 9, 2023
standing right binned me.
COMMISSIONER McDANIEL: Bring him up.
MR. IANDIMARINO: Well, thank you very much for having
me. I think I've met everybody except for Mr. Saunders, sir.
MR. FRENCH: Commissioner Saunders, sir. N
MR. IANDIMARINO: Commissioner Saunders; sorry, A
COMMISSIONER SAUNDERS: Either way works.
MR. IANDIMARINO: Thank you. 0
Well, thanks for having me. I appreciate it. T an
interesting document that got thrown in my lap w of here a
month ago, and I've been reading it and trying
NnI
r tand it and
learn it myself. So it's a lot of work in progre will do my
best to implement it as it comes across.
COMMISSIONER McDANIE�: a comment for him.
CHAIRMAN LoCASTRO:, ' . Commissioner
McDaniel.
COMMISSIONER McD L: And this has to do with my
previous statement with how we're doing what we're doing.
Commissioner Saun brought up a good point earlier with
regard to ongoing code�ssues. And, you know, government
intrusion is an issu�of mine but, on the same token, the four bounds
of a ro ert er�s'hould not be negatively impacted b another,
p p Y g Y p Y
the quiet eu�oy nt of those -- of those four bounds of a property
owner.
like for us to make some adjustments in how we're
d ' t we're doing. Code Enforcement -- and if it needs to be a
Bo directive and we need to have a discussion about this in a more
formal format, I can actually bring an agenda item forward. But it's
become commonplace for a property owner who has visible
violations to deny Code Enforcement access to that property. It's
commonplace. And then we're stopped. We're stopped at the front
Page 45
May 9, 2023
gate. We're not allowed to come through.
So I would like to -- we can go on if a warrant is secured, so I'm
led to believe. That needs to be commonplace for our Code
Enforcement when we're denied access to a property where a known
violation is, in fact, transpiring.
MR. IANDIMARINO: Understood. Of course, you e
try to get other ways of getting there through the neighbor's perty.
If we can't get that direction and we still can't get what a
looking for, sometimes we are stopped, and if we do enough
probable cause to get a warrant, hopefully we can t.
COMMISSIONER HALL: Can you fl r ?
COMMISSIONER McDANIEL: No.
MR. IANDIMARINO: We cannot a rone, no, sir.
COMMISSIONER McDANIEJ�: o nnot fly a drone, and
that's -- there again, that comes in ment intrusion. And
remind me to tell you the story a e drone I saw.
So the -- what I would -- you need us to -- or us to -- me
to bring an agenda item and us review the procedures and
policies so that Code has tle more direction as to what we would
like to see transpir , I think -- we pull a couple of warrants to go onto
someone's prop who's denied us access, the word will spread out
that that's, in at we're going to do.
I me y an't hardly overcome the fence fighting, I call it,
when one or's mad at the other because this dog's coming over
and dtheir business on somebody else's piece of property. But
you -- on the same token, we have -- we have a duty to protect the
quiVnj oyment of a particular property owner's --
MR. IANDIMARINO: And finding that fine line between that
and invasion of somebody else's property, understood. It's a
challenge.
COMMISSIONER McDANIEL: Well -- and it becomes
May 9, 2023
abusive, especially -- I mean, Golden Gate City, we have an
enormous amount of violations that are going on. Golden Gate
Estates, it's turning back into the Wild East as far as --
MR. IANDIMARINO: In my first month here, I've reviewed
some SOPs. I'm reviewing more SOPs as we're going through t
for our own internal standard procedures, and I'm going over l►
with staff as they come up. And I'm trying to review as m as I
can to hopefully mitigate some of the concerns that you have.
COMMISSIONER McDANIEL: I won't belabor point any
longer. If you need some direction from this boa me know.
MR. KLATZKOW: Three nods -- thre�uo n we'll do it.
COMMISSIONER McDANIEL: Sir?
MR. KLATZKOW: If we have thr ods', we'll do it, or I can
come back on executive summary. It' er you guys want.
COMMISSIONER McDANI N.L�V ree nods?
MR. KLATZKOW: Three , and we can implement, or we
can come back on executive s ry.
COMMISSIONER RS: Is that one person nodding
three times?
MR. KLATZKOV4 ell, that would be Commissioner
McDaniel's idea ut, no, I need three separate nods.
COMM O R McDANIEL: I'm -- I really -- you know,
there agair if - hichever you folks prefer. I want our staff to be
comfortabl nd I actually want to know the process that -- you
kno ere talking about review of SOPs. I'd like -- I think we
OWN o robably do an executive summary on it --
AIRMAN LoCASTRO: Yeah.
COMMISSIONER McDANIEL: -- just to have an agenda
item.
CHAIRMAN LoCASTRO: Make it clear; you can see it.
COMMISSIONER McDANIEL: I'll bring an item. I'll bring
Page 47
May 9, 2023
an item second meeting -- in our next meeting in May.
CHAIRMAN LoCASTRO: Okay. Commissioner Kowal.
COMMISSIONER KOWAL: Thank you, Chairman.
I never really understood Code anyways. I mean, I come from
a criminal law enforcement background and, you know, Code N
Enforcement operates kind of in a different environment. A m
my understanding, a lot of -- like Commissioner Saunders
saying, you know, a lot of times these complaints are ju aply a
neighbor doesn't enjoy another neighbor's music or s ing like
that, and it brings -- it's brought to the attention of Enforcement
and, because it's a complaint, Code Enforcem o investigate,
you know.
And then -- but, you know, you lookA ou constitution, our
Sixth Amendment, you know, you're r -- you have the right to
face your accuser. That's in our VNion, and I think Code works
a little differently like that. Yo be anonymous, and the Code
Enforcement is the accuser. ow, I'm not sure if that's true or
not, but I think at some PkiNt ' he accusers are actually -- a face is
on the accuser, this may c own a lot of the frivolous complaints,
you know, because constitutionally, in the Sixth Amendment, you
know -- I'm not g to read verbatim or remember it verbatim, but
you do have e ig to face your accuser in anything where you're
acting and r th olor of law in fining or charging a crime against
another cite
So I don't know if it's as simple as that that -- you know, that
y het rid of this anonymous complaint. I don't know. You
kn hat might just cut down on a lot of the frivolous complaints,
too.
MR. FRENCH: So, Commissioner, thank you. Great point.
Again, Jamie French.
Under -- Florida Statute 162 is what we operate Code
May 9, 2023
Enforcement under. And, actually, the House and Senate, two years
ago in session, they used Collier County as a model, and so 162 does
not allow for anonymous complaints.
COMMISSIONER KOWAL: Okay.
MR. FRENCH: And so -- unless it is considered of immin t
health, life, or safety. So -- and your life -safety code predo �it y
is your Florida Building Code. So if we've got illegal stru s that
weren't properly permitted under that state statute, they dQ,
perhaps, be unsafe. Those are the type of things tha an act on.
Tall grass that could cause fires. And we would r nt ourselves
to say, driving by, this is something we saw.
RVs -- not saying that an RV stored in yo r o den Gate Estates
lot isn't something that we see every day. 's an RV where you've
p got 12 of them, and you're on a glan ' and you're renting
them for $65 a night, those are of for both the community as
well as for the Florida Building ecause what the Building
Code says is that if it exists a occupied for more than six
months and it's not road- is now a structure that requires,
under state statute, a perm
So we would address t ose, and all of those will require some
investigation fro hose people who are actually licensed and
professional ' tat eld.
So C de 1 ing to have to work with our Building
Departmen - r building division more under that -- and Mr. Bosi
mor . Cook more and my office more and perhaps DAS,
bey really -- and the Sheriffs Office, because they really are
th j ect-matter experts in certain fields so that Code is coming
forward and opening that investigation, working on that code case
determination check sheet, and we would bring that back -- with
Commissioner McDaniel's pleasure, we'll bring that back and explain
that. But you're absolutely right, 162 does not allow for anonymous
May 9, 2023
complaints. We don't take them unless it's a life -safety issue.
COMMISSIONER KOWAL: Okay. Thank you.
CHAIRMAN LoCASTRO: Commissioner McDaniel.
COMMISSIONER McDANIEL: Well -- and, you know,
therein lies part of the -- part of the circumstance on the process.
Retribution for an actual -- for an actual complaint oftentii
comes from the -- to the complainant. And so our answer t6* 4
having anonymous complaints is to file -- the commissi r o file
the complaint on behalf of the complainant. So I en - we end
up being the person who files to hold a neighbor a ous who's
fearful of retribution. There's some not nice u there that are
doing some not nice things that -- and intimida n neighbors into
fear of retribution.
So that's part of that discussior�t have in the latter part
of May as to how we get there fro
CHAIRMAN LoCASTRO: missioner Saunders.
COMMISSIONER SA S: Just a quick comment and a
question. There have b arounds in terms of the anonymity
of complaints. I think in lden Gate City, I'll use that as an
example, if someone hV a complaint, they can get the Golden Gate
Civic Associati o file the complaint. So they have ways to kind
of work arou at., It helps a little bit, but not a whole lot.
But the q ion I have is if you are on one of your
patrols -- 1 y you're on a canal and you're patrolling an area,
there' b violation and you're going to check it out and you see
a 'olation, whether it's, you know, tall grass or just some
vi t' n that you know is a violation, the question is, can you take
action as a Code Enforcement officer when you see a violation that's
not been reported?
MR. IANDIMARINO: Yes. Tom Iandimarino, again, for
Code Enforcement. Yes, we can do that. There's a point where
Page 50
May 9, 2023
there's self -initiated code activity for all the staff. They can get out
there and see things and act on things, but there are certain things that
we do act on and certain things that we just don't have the time to act
on because there's just so much going on sometimes. So it's judging
what's the life, safety, and health that we need to take actions on.
COMMISSIONER SAUNDERS: So when this comes �v
back -- and we're in our budget process now, and we all rL ize
how important code enforcement is and that your hands 0
somewhat tied in terms of receiving complaints, but i ad more
Code Enforcement officers available so you woul more time, I
think that would help solve some problems as
So during the budget process I'd like for t e oard to consider
beefing up Code Enforcement because, a e airman has certainly
acknowledged with what he's brou4t here, this is really
important for a lot of people. An the complaints -- I'm sure
we all do every day -- of neighbor wanting to file a complaint
because they're afraid they're to be shot at or something of that
nature.
And so I would like ee us consider -- and part of the
staff s -- my request to skaf would be let us know what you need,
because it's an important issue.
MR. FR CH: Thank you, Commissioner. Again, for the
record, Ja ie ch.
We ar rking directly with the County Manager's Office and
Mr. budget office, on these exact things. We're looking at
eve'P1 from more of a unified force multiplier on how we can
work best across all of the departments for the county and still be
able to provide a level of service that the county can count on
but -- not just that, but also to ensure that we do honor 162, that the
Sixth Amendment of the Constitution is recognized, and that these
are truly life -safety issues that we would be bringing forward as
Page 51
May 9, 2023
self -initiated, and we'd be able to properly respond to the community.
So thank you for that, and we appreciate your support, and we
will -- we'll look at that through the budget process as well as
continuing to work with the manager's office.
CHAIRMAN LoCASTRO: You've got one more here.
Commissioner McDaniel. lz�
COMMISSIONER McDANIEL: Just to -- and this is t a
point for my colleagues. I had a -- I have a complaint th have -- I
don't know if I filed it yet or not, but it's coming, but e out to
look at it myself. In a drive -by on one street in G Gate Estates,
I counted five violations that I could see from d 'ust driving
by. I mean, on the main corner there was a g had -- literally,
he had five tractor trailers -- semis with tr or railers parked in
behind his house on the way into thi o
And so that's, in fact, what I ing about how we can gear
this up to not be an intrusion, not vernment overreach, but yet,
at the same time, protect the t joyment of the property owner
who is in existence next t0l ation that's, in fact, transpiring. So
that's just an example of one street that I drove up in looking at an
ongoing code issue.
CHAIRM oCASTRO: Okay.
COMM O ER McDANIEL: We'll deal with it more at
length --
MR. CH: I'll move the trucks out of the yard, sir.
SSIONER McDANIEL: Oh, was that your house?
IRMAN LoCASTRO: So, in summary, let's make those
sm hanges, get the latest copy with the new date on it out to all
the commissioners and, of course, the staff and the Code
Enforcement Board. Let's restress when it comes to our enforcement
of fines as well.
And you know what I hope this is is also a deterrent, because I
Page 52
May 9, 2023
do think there's people out there that sort of, you know, outside of
this room and in town say, you know, you've got a $30,000 fine, you
go in, you tell a little story, they make it zero, and then everything's
fine. And I think we need to turn the corner on that.
Certainly, like I always say, there's extenuating circumstanc
and that's what we're not trying to beat up. But in the end, tlA-
also real taxpayer money. And, you know, if you break th , if
you blow us off, if you, you know, say, hey, I'll get to it e I get to
it and then once I'm in compliance, the county's polic make it
go to zero, I don't think we want to do that anymo
So, you know, lastly, I'd just like to than r. a zkow and his
team and Mr. French and all of his folks who h v worked with me
over the weeks to put something that was government overreach
but was clarification on details -- w4o ting to?
MR. FRENCH: Colleen is --
CHAIRMAN LoCASTRO: so did everything?
MR. FRENCH: She is u4Vzing partner. I will tell you
Jeff s -- between Sally A d Derek Perry and Heidi and
Colleen, your County Att y's Office has really been able to
promote and support us,.in t at way. And, you know, if I need to,
Jeff and I, you , we certainly will work together as well. But
his assistant u ty torneys have been great to work with and,
really, it's -- C en is kind of the glue that sticks us all together and
keeps us o he guardrail, so...
AN LoCASTRO: There you go. Well -- and I think
t ant thing, too, isn't just the document itself, but it's the
pr , the engagement that -- you know, the more hands-on
approach that we're going to have to be a little bit more hands on,
more transparent, and gather more information so that our Code
Enforcement Board and others can make better decisions and enforce
these policies much more stringently in the cases where they should
Page 53
May 9, 2023
be.
Okay. I think we're ready for a break. So let's take a break.
And what do you -all think, we come back here at -- what do you
think? What are we saying? Come back in about 10 minutes. So
we'll say 10:50. \Vs,
(A brief recess was had from 10:40 a.m. to 10:50 a.m.)
MS. PATTERSON: Chair, you have a live mic.
CHAIRMAN LoCASTRO: Okay. Where are w Og next?
MS. PATTERSON: Well, at your pleasure, we ave our
team here for the 11:00 time -certain. We could t m a couple
of minutes early rather than --
CHAIRMAN LoCASTRO: Yeah. If of everybody
y e Y g rY y
here, less roll right into that.
MS. PATTERSON: Yep. They
ady to go.
Item # 13 A Z�N
PRESENTATION OF T UAL COMPREHENSIVE
FINANCIAL REPORT THE FISCAL YEAR ENDED
SEPTEMBER 30, 2022, AND AUTHORIZATION TO FILE THE
RELATED ST OF FLORIDA ANNUAL LOCAL
GOVERNM FINANCIAL REPORT WITH THE
DEPART E F FINANCIAL SERVICES. -MOTION TO
ACCEPT EPORT AS PRESENTED BY COMMISSIONER
SAUNIZS; SECONDED BY COMMISSIONER LOCASTRO —
APPROVED
'MS. PATTERSON: This is a presentation of the annual -- Item
13A, presentation of the Annual Comprehensive Financial Report for
the fiscal year ended September 30th, 2022, and authorization to file
the related State of Florida Annual Local Government Financial
Page 54
May 9, 2023
Report with the Department of Financial Services.
Mr. Derek Johnssen, Clerk's Office director of Finance and
Accounting, will start the presentation.
MR. JOHNSSEN: Thank you, County Manager.
Good morning, Commissioners. Derek Johnssen, finance
director for the Clerk and Comptroller's Office. - C�
You see me about every time this year to do the very s &ng,
create this large tome, which I expect you -all to read ev ge.
This audit covers the consolidated county. It's uct of
many hours of effort on the part of staff across the agencies.
We truly appreciate the support we get from a i ' ra ion, the
budget office, County Attorney's Office, and P c tilities.
I would like to add my sincere gratit for the time and
dedication that my staff put into cre�ti 1pqocument.
For fiscal year 2022, the cou ived an unmodified audit
opinion, which is the best that I ca ng to you. We have a brief
presentation of the results for dit today.
With that, I would 1' t roduce Chris Kessler, the partner in
charge with Clifton, Larso lien, the county's auditor. We'll, of
course, be availabl afterwards for questions.
Thank you.
MR. KEE Good morning, Commissioners. Good to see
everyone.
So as said, we are here to discuss the 2022 financial
state compliance audit for the county. And, generally,
w g to keep it fairly brief, but I'd love for questions or
co nts throughout, so, you know, please feel free to chime in as I
move through.
But as we talk through the 2022 results, you know, generally
speaking, as Derek said, you know, unmodified opinion on the
financial statement, so I'm bringing good news to everyone here
Page 55
May 9, 2023
today.
So the services that we've performed, they are no different than
years past. I'm not going to read all these in detail, but there's three
main pieces that we look at in performing your audit. And the first
is the audit of your financial statements; the audit of the federal
compliance, so all of those federal grants that the county rece'�+
We take a sample of those transactions and make sure the d rs are
spent in accordance with the grant programs. Reportin (Done as
required, procurement is followed as required, things those
lines, as well as from a state compliance standpoi with the
grants and certain state statutes that the count as f low. We
take a look at those transactions and make sure se are in line.
The reports that we issue as a result, se are no different from
prior years. So, again, these are they d i e les that get inserted
into that very large document, yo al Comprehensive -- Annual
Comprehensive Financial Report CFR. And so if you look at
these reports from prior years 0�Fctual reports themselves have not
changed, but I do want t 'zo your attention they will look
different from prior years. very once in a while the standard setters
that govern our professArn change some of the rules, and they
changed some o e layout of these reports to make them a little
easier for the s rs f the financial statements to understand. So
they don't ook ' ectly like last year, but the content is still the same,
and the opi are in these reports in the same manner.
esults of the procedures, as was previously mentioned,
t e ndent auditor's report was an unmodified opinion. This is
a c opinion. This is the highest level of opinion on your
financial statements that you can receive. Your independent
auditor's report and internal control had no reported findings. Your
single audit report, both on the federal programs and on state projects
was unmodified opinion on compliance with no reported findings.
Page 56
May 9, 2023
So, again, clean opinion; highest level you -all can receive.
The management letter that we have to issue under Florida
Statutes had no reported comments, but we do, as we do every year,
we make certain suggestions for best practices and areas of
improvement based off what we see elsewhere or based off what e
see when we're in performing audit procedures to manageme �+
verbally, throughout the audit process.
And then our independent accountant's report, whi 's n some
of the state compliance that we have to look at, that
unmodified attestation opinion on compliance as So, again,
highest level, clean opinion.
So there are certain communications that Yardre uired to make
q
to you -all, and they are included in the go ance communication
letter that is provided to you -all as vyel ome of the key ones
that I want to highlight here today, pe and timing of the audit
proceeded as planned. That mea at we planned to do, we
executed upon, and there wer anges to that.
Significant account' ies were in accordance with industry
standards and what we ca AAP, generally accepted accounting
principles. There wereAono difficulties encountered in performing the
audit.
Signiflc t Ak'that we identify in our planning were addressed
as planne A then management was very cooperative, helpful,
and profes ' during the audit. So, as always, it's always a
plea e ing with your teams throughout both the county and the
C lYfice in performing this audit. We spend a lot of time, and
WNYa lot of questions and request a lot of information to issue
these opinions, and it is always, always a pleasure to work with
everyone here that provides us what we need efficiently, effectively,
and focuses on quality financial information so we can get in and do
our job well. So we're always appreciative of that.
Page 57
May 9, 2023
I do want to highlight a little bit of what these financial
statements contain and what the 2022 audit really had to deal with
this year. So, you know, usually read through your financial
statements. There is a lot of information in there and, for a county of
this size, there is a lot of audit work that has to be done.
But as you look at 2022, similar to some of the things we've
talked about in previous years, particularly the last coupldal
%there
are some significant changes in operations that we have with
from an audit perspective, and the first is is the requir , ting of the
county's grant programs that relate to some of the Ninic funding
that has come through the last couple years.
Now, we always have to select the large a programs that
you -all administer on any given year, but Ath some of these
pandemic -related funds, the federal go t has required a higher
level of risk until those funds are, d so we have the four listed
here: The Emergency Rental A s t ce Program, the Coronavirus
State and Local Fiscal Recove ds, the Federal Transit Cluster,
and the Airport Improve gram.
Now, those last two, Federal Transit Cluster and the Airport
Improvement Program, those are programs you typically have in any
given year. So those are not new programs as it relates to the
COVID-19 p emic and the funding sources that came through, but
there were cert allocations of additional funding that the federal
governmen out there as a result of the pandemic through some of
the v deral legislation that came out through the two
ads tions during the pandemic that increased funding for the
• � WPA
'So, as a result, we have to spend additional time testing those
every single year because some of those funds came through those
various legislative acts that the federal government passed. So a lot
of time and effort went into those. That will continue until those
May 9, 2023
funds are spent, probably through 2025 or so.
These grants have complex and unique rules as well. So your
management team has to be on top of all of these unique and complex
rules in order to have the clean opinion like you -all have received.
So the fact that you -all were able to administer these funds in the ay
that you did is a big -- you know, a big pat on the back is owe t�+
your folks within all the departments that administer these rs.
We have a lot of clients that did not do their due di '�ce in
administering some of these funds. I mean, you can e
headlines. You can read the news around the cou ith some of
the after -the -fact issues that have come about 't of these
funds, or you can read their audit reports and s e ome of the findings
that come out there.
Your personnel did an excellent j king sure that all the
Ts were crossed, all the Is were d d even when there were
questions on some of these rules t e did an excellent job of
contacting us to ask those qu4ne
and put together memos and
positions papers for us to rough before making certain
decisions on if they were with the compliance and the
requirements.
So, you kn that is a big testament to the work that went into
these progra , nto 'ese funds by your management team here.
And t en second bullet we have here -- and, obviously, this
is no surpri anyone -- the Hurricane Ian's impact on the county's
financial statements and the audit. A hurricane is always, you know,
a %ge to get through, but especially for us accountants and
au s with a September 30th yearend. And when the hurricane
hits in September right before that yearend, that adds a whole other
complexity to things and adds a little bit of wrinkle into the process.
So there were two main factors of that besides just kind of the
normal impact that the hurricane had on the county. But from an
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May 9, 2023
accounting standpoint, your team has to look at all of the capital
assets owned by the county to determine if they were impaired. And
I'm not going to get into the accounting rules of impairment but,
essentially, if those assets were damaged in a way that could im act
their service capacity going forward, they would need to be writt
down in the financial statements whether they were repairabl t.
So a full-scale review had to be performed not only fo
insurance purposes and FEMA purposes, like you -all w ing to
just respond and react to the hurricane but, from an a ting
standpoint, it had to be looked at from that lens as o determine
if the financial statements needed to be adjust at arend. So that
was a big effort by management to do that, an n we had to audit
that information and make sure that it wa ne appropriately.
So big, big effort and lift from Jh a oint on the county's
side, but then just the impact of th in general on county
operations and within all of the e o nel that have a part in this
audit, at the departments, wit ' finance team, within the Clerk's
Office just to pull togeth nd numbers and to then respond to
our audit requests while ng with, you know, county operations
and responding and recvvering from the hurricane as well as what
was going on in it personal lives.
The fact t w re sitting here today in early May delivering this
report, it's a a .a testament to your team here for the effort that
they put in t us to this point. There are a lot of peer
gove around the state and around the country that have
n i asters that aren't able to get their reports out as quickly as
Y03Y did after that has happened.
So, again, I want to stress that, that that is a testament to the
effort and to the folks that you have working for you here within your
teams to get us to the point that we are today.
So I can tell you we appreciate it, because it helps us do our job
May 9, 2023
as well. So, you know, a big thank you again to all the team
members here.
But with that said, that is really what I wanted to cover here.
And, you know, I -- I apologize. I forgot to introduce Alex Mitchell,
who's also with me. She was the manager on the engagement. I
know some of you met Alex or have seen Alex throughout th
process, and, you know, she's the one who's answering -- ex c e
me -- asking a lot of those questions and dealing with a lo�of the
requests, so she's doing a lot of the hard word, so she deserves a
thank you as well, as well as the Clerk's Office.
CHAIRMAN LoCASTRO: Yeah, we w. e got that.
Yeah, we all heard that. No, I'm just kidding.
Thanks, Alex.
I have a comment and a question, n I'm going to go
to -- if anybody's lit up.
My first comment is, I reall appreciate how you've said that our
county staff really did their d 1 igence in managing federal funds
properly and that, you knorW t of counties maybe sort of were a
little sloppy, because I can tell you, it was a little while ago we were
sitting in this very room, and a lot of those staff members from the
county were get beat up by citizens saying, wow, if you're down
in County X, o know, they're handing out money like candy, and
you guys ve h a difficult -- you know, you have this -- you've
invented y n process, you know, to make it more difficult to
gain c to those funds.
our reply over and over is, no, we're using the process that
th eral government gave us. Some other counties are
streamlining some things with their own homemade applications, but
that's going to come back to bite them. What I'm hearing from you
is, it came back to bite them.
So, you know, that will get lost in the headlines in the
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May 9, 2023
newspapers. But way back when, there was a lot of stuff in social
media and even in print media here in the county saying, you know,
Collier County isn't handing out money fast enough. I mean, that
was an actual article. I don't think I'm overexaggerating. And, you
know, to hear, you know, all this time later an audit say, "good o a,"
you know, to your staff. It wasn't a matter of not handing ouiey
quick enough. It was a matter of doing it properly.
And then, lastly, it's a question for you. And you �t not
have the answer. I don't mean to put you on the spo was there
one best practice that just jumps out so you can th "attaboy" to,
you know, our staff that maybe it's buried in t re And we'll
all eventually read it. But is there something a y u're walking
away here going, wow, you know, we're t 'ng that as a best practice
to every other county we go to becaWs i -- you know, whether
there were one or two or just som at you could give us a short
version that was actually very im ve?
MR. KESSLER: I will one thing that we always have
and one of our takeaway e always have working with Collier
County is the level of due and effort that goes into your
disbursements and our review of those invoices and transactions and
the cleanliness o ose files by the time we get them. You know, a
lot of times f an audit perspective, we'll ask for support, and it's
maybe hal co eted or it's, yeah, go find it in this 30-page PDF, if
you will, a e have to go search for it.
- never have that challenge provided to us or -- you know,
eve'P1 is very clean. Everything is always signed off, approved,
very diligently reviewed in what we look at. And it allows us not
only to do our work quicker, but it makes it more enjoyable to do
what we're doing as well on a day-to-day basis when we know
everything's going to look good when we receive it.
CHAIRMAN LoCASTRO: Clerk of Courts, your staff and lots
Page 62
May 9, 2023
of other people, too, but, thank you. I appreciate that.
Commissioner Saunders.
COMMISSIONER SAUNDERS: Thank you, Mr. Chairman.
Obviously, this type of report doesn't just come out of thin air.
It's due to the leadership of the Clerk's Office, Crystal Kinzel, an of
course, Derek Johnssen, in terms of their leadership and the o
staff there. So congratulations to the Clerk and to her staff t t is
report. z
I will also say the relationship between the count the Clerk
has not always been positive. Now, the relations ween the
county and the current clerk has always been it • ertainly for
the last seven, eight years. And I say that bec s a 1 of us up here,
all the five commissioners and our countvAan aer and her staff
understand how important the role of t is in doing the post
and preaudit function and making - t' t these reports are clean
reports. '01.&
So I just want to say to t k, thank you. Congratulations
on this type of report. I lot about your operation. It's
positive for us as county c missioners to have this report as well.
So just thank you ks we and congratulations on that. And thank
you, sir, for the w° �k that you've done for the Clerk's Office and for
the count 7
MR. VSE R: My pleasure.
4,._N
CHA N LoCASTRO: Great.
SSIONER SAUNDERS: And I'll make a motion to
a t1 report. I know that we don't have to formally adopt it, but
It we can go ahead, on a voice vote, to accept the report as
presented.
CHAIRMAN LoCASTRO: Okay. I've got a motion. I'll
second. All in favor?
COMMISSIONER HALL: Aye.
Page 63
May 9, 2023
COMMISSIONER McDANIEL: Aye.
CHAIRMAN LoCASTRO: Aye.
COMMISSIONER KOWAL: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN LoCASTRO: Opposed?
(No response.) �+
CHAIRMAN LoCASTRO: It passes unanimously.
Thank you. 0
MS. KINZEL: And if I could, just one -- thanko'So much
for the accolades. I do have a fantastic staff, but difference in
the world comes from the relationship with c t f . We're able
to pick up the phone; they pick up the phone. r going to keep
these to the caliber that you appreciate.
I also can't let it go that we novy m the accounting and
finance side, a trifecta, so to spea 1�11FR, the PAFR -- a lot of
acronyms -- and the budget. W won the national award from
the Government Finance Offi ssociation for consecutive years.
This was our very first pubh -bn of the Popular Annual Financial
Report, and it was also reccw. ized.
So we've added that third leg. That's the best you can do with
the national ass t
in, and that's all due to the great staff on both
sides. So ap recognition.
CHAI LoCASTRO: Great. Thank you.
MS. L: And we do have good auditors, I have to admit.
Theyo a lot of questions. So thank you.
HAIRMAN LoCASTRO: Okay. County Manager, where
ar e going next?
Item # 11 C
AN ECONOMIC DEVELOPMENT AGREEMENT WITH PFPI
May 9, 2023
OZ, LLC, (PIKUS) FOR THE PROPOSED PROJECT "CENTRO"
FOR REIMBURSEMENT OF UP TO $7881878.56 IN ACTUAL
EXPENDITURES FOR SANITARY SEWER, DRAINAGE,
IMPACT FEES, AND BUILDING PERMITS FOR
CONSTRUCTING A MIXED -USE DEVELOPMENT
HEADQUARTERS IN THE GOLDEN GATE CITY ECONOMIC
DEVELOPMENT ZONE (GGEDZ) FINDING THAT THIS
APPLICANT IS A TARGET BUSINESS QUALIFYIN R THE
INCENTIVES SET FORTH IN THE GGEDZ ORD CE -
MOTION TO APPROVE BY COMMISSIONER DERS;
SECONDED BY COMMISSIONER MCDA A PROVED
MS. PATTERSON: Commissioner , e'r'e going to go to
Item 11 C, formerly 16A 18. This is� a endation to approve an
economic development agreement PI OZ, LLC, for the
proposed project CENTRO for r ursement of up to
$ 7 8 8, 8 7 8.5 6 in actual expend' or sanitary sewer, drainage,
impact fees, and buildin ' s for constructing a mixed -use
development headquarter the Golden Gate City Economic
Development Zone fins, Ong that this applicant is a target business
qualifying for tMas
ntives set forth in the GGEDZ ordinance.
This ite owed from Item 16A 18 to the regular agenda by
Commissi ner nders' request.
CHA N LoCASTRO: Okay. Commissioner Saunders.
S SIONER SAUNDERS : Thank you. There's no
is this. I wanted this off the consent agenda so we could
talk a ittle bit about it, especially for the new commissioners that we
have that were not part of the initial process to create that Economic
Development Zone and some of the projects and things that we've
been working on for a number of years.
This particular project is the first new project pursuant to the
Page 65
May 9, 2023
overlay, the zoning overlay that this board approved. And it's a
beautiful building. The renderings in the package are really nice.
It's going to be probably one of the nicest, if not the nicest building in
that Economic Development Zone.
And my goal was, in creating -- in asking the Board to creat
this Economic Development Zone and to do this overlay was
the process of improving the commercial district along Gol ate
Parkway. And so this project certainly fits the categor Qrojects
that I think can help jump start more development al ese lines.
This will be a first-class office building with a firs restaurant
on the first floor.
The -- I can tell you from a meeting that I�Ge � a cou le
Y g p
meetings I've had in Golden Gate City, th lks that are active
civically there are very excited aboit t of project, doing
things that will help improve that, area.
In addition, one of our goal i t get as many people off of
septic systems as possible. T rticular project will be providing
a sewer line to this prof e , . s project will not be on a septic
system, but there will also seven other commercial properties that
will hook into that sewV line, and other residential -- multifamily
residential areas t there that will be able to hook into this.
I've talk o . Yilmaz about making sure that these lines,
when they' e p n, the service lines are sufficient to hook up any
other devel s and development that would be going into this area.
Agai e goal of eliminating septic systems.
�project is right on a canal. I think they call it the Santa
Ba a Canal, if I'm not mistaken. The restaurant will have seating
that is on a deck that will actually be over part of the canal. It will
be very nice but, more importantly, it will help eliminate runoff and
seepage from septic systems that are polluting that canal. It will
help -- it won't solve the problem there, but it will certainly help.
May 9, 2023
So I just wanted the Board to understand that this was -- this is
part of a long-term project. Hopefully it will be a springboard for
others coming hopefully more quickly. This has been a couple years
in the making, but at least we got the first one ready to go.
So I make a motion to approve this project and the fundingz*,r,,
this project.
CHAIRMAN LoCASTRO: Okay. I've got a motion
approve. Do I have a second? 0
COMMISSIONER McDANIEL: Second. jw$�
CHAIRMAN LoCASTRO: Motion to appr d a second.
All in favor?
COMMISSIONER HALL: Aye.
CHAIRMAN LoCASTRO: Aye.
COMMISSIONER KOWAL: �A�'y
COMMISSIONER SAUND
COMMISSIONER McDANI Wait.
CHAIRMAN LoCASTVANIEL:
h, sorry. Commissioner
McDaniel, I didn't see yhere, sir. Go ahead.
COMMISSIONER I did. I had a question, and
it had to do with the rato►of return on the term of this reimbursement.
How long -- an ink I asked this question on Friday during my
one on one. we ave an estimated time for the -- for the
reimburse en come back?
MS. RSON: So when we calculate these rate of returns,
there%a le of different things that we're looking at. So if we
si y look at the investment of just under $800,000, then divided by
th increase to the tax base -- and it is a substantial increase. They're
proposing an investment, absent the infrastructure and the other fees,
of about 4.5 or $4.6 million. And that, you know, may be shy of
what it actually costs to construct this.
Now, the payback on something like that, just considering the
Page 67
May 9, 2023
increase in taxes if you look at the county portion, would be over a
longer term. But the interesting part about this project is the
accessory benefit, and that is the extension of those sewer lines
allows different types of commercial to be able to be constructed as
well as the benefit to any of the residential properties -- multifam
is what they are -- to be used in different ways.
So when we were considering that -- I've done dozens 44 ese
types of tax runouts and TIF runouts looking to try to recut re
within 15 to 20 years. It can be exceptionally difficult when we're
only considering the portion of the millage thift
w control over.
> Y
However in this case I think when we reall o as around the
benefits to the surrounding properties, we are in a reasonable
window of that recapture.
And the second part of this is i ;t$�Iaast effect of a business
actually taking part in the Econom' opment Zone and then that
encouragement that will occur as i s its to hopefully ripple down
the corridor.
So I'm sorry that w rave an exact time, because it's really
going to -- this one being first to go, is really going to set the
stage for those thin s to come.
COMMISS ER McDANIEL: Okay. Well, going forward,
then, I would to ave the recapture on that that we do have
control ov . 're all aware, as Commissioner Saunders, stated
that there's of ancillary benefits to providing this, but I also -- I
also -- term standpoint, I'd like to have that data.
lyWPATTERSON: Understood.
MMISSIONER McDANIEL: We don't have to have it
today. You can just tell me sometime.
MS. PATTERSON: Understood. And as we get our arms
around this particular project, we can most certainly report back on
that. But we understand, and it will -- the picture will become
May 9, 2023
clearer as we work in this zone more.
Jamie?
MR. FRENCH: Commissioners, again, for the record, Jamie
French with -- your Growth Management and Community
Development department head.
I appreciate what you're saying, Commissioner McDanie .
You're absolutely right, there is a large ancillary return that t at
is typically not considered. This is -- this will impact 1 r perties,
so there's eight residential properties that this will aff well.
So what we'll see is we'll see improved, beyo --beyond
the environmental consideration, we'll also se o a ue of the
property for redevelopment. And this really e grasp the spirit of
what the Board had adopted with the Gol Gate City overlay, to
promote this type of regeneration of d interest. And we're
continuing to get lots of calls -- a t, ' the first Class A facility
that we've seen of many to come i at we expect.
So we will bring that bac and going forward in our
calculations -- we'll brin ck going forward with our
calculations for any furthe nsiderations that you would -- you
would have in front of you.
COMMISS ER McDANIEL: Sure. I wasn't nit-picking.
I just -- whe as eviewing the Board package, I had a note here as
to what the act payback is with the control -- or with the dollars
that were c g back to the county with the enhancement of the
valu roperty that is being developed, so that was -- that was
w as going.
AIRMAN LoCASTRO: Commissioner Saunders.
COMMISSIONER SAUNDERS: Just real quickly. I certainly
understand the issue in terms of rate of return. That's really not the
issue in terms of what we're trying to accomplish there in terms of a
rate of return on that actual dollar investment. And we do that a lot.
May 9, 2023
I think, if I'm not mistaken, we waived impact fees in certain types of
development in the Immokalee area. I believe that's an ongoing
project. I'm not sure how many people have taken advantage of that.
But I don't know that we've tried to calculate a rate of return on those
dollars that are there to help assist some redevelopment in the
Immokalee area.
I only mention that I don't know that we really focus to'b uch
on rate of return on this type of an issue. So as this go Ovard, I
know you're going to be coming back with a calculat e of return,
and it may show that it's going to take 50 years to eturn of
investment. That's not really the controlling to If you just look
at those dollars going to that specific project, a s he rate of return
from that specific project is not the wholeZrd,
re, and I think we do
that a lot. So I just want to make si4re at least from my
perspective, understands that, you at rate of return is not the
sole issue that we're concerned a ere. It's the impact on the
overall community that we're to improve.
MS. PATTERSON: issioners, we understand. And to
your point, absolutely. the past in our more in-depth economic
development programs,.fate of return on a straight line is only one
factor that's loo at because you have all of the spin-off business as
well as the i t o hose visitors and those employees. So it is
a -- it is a om ated thing to analyze, starting, of course, easily,
with how we're giving and how many we're getting back. But
there ' re are at least 10 other factors that would have to be
c in any of this analysis.
AIRMAN LoCASTRO: Okay. We did have a motion and
a second to approve the recommendation of the economic
development agreement. All in favor?
COMMISSIONER HALL: Aye.
COMMISSIONER McDANIEL: Aye.
Page 70
May 9, 2023
CHAIRMAN LoCASTRO: Aye.
COMMISSIONER KOWAL: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN LoCASTRO: Opposed?
(No response.)
CHAIRMAN LoCASTRO: It passes unanimously.
Where we going next? Is it 11 E?
0
Item # 11 E
A SECOND AMENDMENT TO VACANT TRACT
BETWEEN COLLIER COUNTY AND DAV A RENCE
MENTAL HEALTH CENTER, INC., T T TENDS THE
APPROVAL PERIOD ONE YEAR.- AN UNEXPECTED
DELAY IN FINALIZING THE R G OF THE
UNDERLYING PROPERTY - T ME TO OBTAIN THE
NECESSARY SITE DEVEL NT PLANS - MOTION TO
APPROVE BY COMMI R SAUNDERS; SECONDED BY
COMMISSIONER LOCA TRO — APPROVED
MS. PATT SON: Yes, Commissioners. This -- next up will
be Item 11E, ',ch as formerly 16F2. This is a recommendation
to approv a se d amendment to Vacant Land Contract between
Collier Co nd David Lawrence Mental Health Center, Inc., that
exten pproval period one year -- due to unexpected delay in
finalizj the rezoning of the underlying property -- the time to
obtain the necessary Site Development Plans.
This item is being moved at Commissioner McDaniel's request.
And we have Mr. Ed Finn, Deputy County Manager, here to answer
questions.
CHAIRMAN LoCASTRO: Sir.
Page 71
May 9, 2023
COMMISSIONER McDANIEL: And I --
MR. FINN: Thank you, ma'am.
COMMISSIONER McDANIEL: Do you want to go first or do
you want me to say what I'm looking at here?
I just -- I wanted -- I wanted this item to come up for a N
discussion because I'm hearing other things that are going on lbu
than just this rezone of this piece of property. I'm hearin cess
expense associated with the construction of this facility. hearing
about an adjustment to the available beds that were d* sed to be
part of this central receiving area in order to fit th et constraints
that were established for the construction of t a ' it , and I'm
concerned that we're heading down a path whe e re just -- we're
extending this out. And the construction sts are not going to go
down, and we're still not going to nece 1 eet the need, and
we're going to be further down a r 1, e.
MR. FINK: Yes, sir. Ed inn, Deputy County Manager.
This project is moving fo and, as we would expect, with
the recent addition of ou ction manager, they've provided a
resource for us to look at budgets being developed by the
architect, which has all�ved us to look at those very hard, take out
some of the -- a '11 refer to it as "nice to haves" or gingerbread at
this point, an a o s to focus on the programming of the facility so
that we ca be hieve the overall goals. The bed issue is one that
needs to be ed through with the delivery team.
rtainly is pressure from David Lawrence, our partner in
t ' , Nd additional Medicare or hospital -type beds, and that does
ha significant impact on the ultimate cost of this facility. I think
the oard has been told that right along. It has been a matter of
some debate just what that number should be, and that continues to
be discussed and evaluated particularly now that we have that
construction manager expertise on the actual costing of the project.
Page 72
May 9, 2023
CHAIRMAN LoCASTRO: Are your concerns such that you
want to delay this and have David Lawrence Center here, or you just
wanted to highlight some of the things that you, you know, feel we've
got to make sure we continue to discuss and not fall through the
crack? What are your thoughts?
COMMISSIONER McDANIEL: Well, my thoughts ar �v
still haven't seen -- I still haven't seen an actual constructio t for
the facility. I still haven't seen an O&M, operations an 0
maintenance, budget that's coming from this facility and we're
extending the zoning process, which -- which it's o continue
on with -- with the development of this proje t aving all of
the data.
I just -- I just see us -- I see us gettin a point where we've
invested so much we can't -- we cart r r he circumstances.
MR. FINK: Well, if I may, , 9 ect, as you know, is a
surtax project. The surtax list of o cts was developed in 2017. It
was developed in such a way o stablish the community priorities.
And I think I've told this efore, I have no way of knowing
how much effort went int veloping the individual estimates at that
point in time. �
So when I at that particular budget, the budget is
$25 million i e s ax program. Like many of the projects there,
is it going o c more because it was developed five, six years ago.
We've had ecedented inflation, supply chain, COVID. The
answer is, yes, we don't need to look any further than the Vanderbilt
B,tftft&ad extension. It wasn't so long ago that project was seen as
a illion project. That project was let with the benefit of
commercial paper to plug the paper hole in the budget at in excess of
$150 million.
The fact that that has a larger price tag in no way diminishes the
requirement to build that road. And while I certainly hope that this
Page 73
May 9, 2023
project does not have that substantial an increase, I expect at a
minimum a 30 or a 40 percent margin on the original estimate
developed in 2017, and that is likely to be compounded by the
community needs as they're envisioned presently and as this board
approves when they ultimately see the project.
So that's my way of saying, sir, I acknowledge your con I
have confidence that with our partner, we'll work through t , and
we'll have an opportunity to present it to the County Manager and
ultimately to the Board who will have alternat;ut
s pr d to them
when they see this budget.
CHAIRMAN LoCASTRO: Commissi n ers.
COMMISSIONER SAUNDERS: Than
I certainly don't want to delay this it I will say a couple
things, because I think it's going to to parent that this project
probably will cost more than the n that was allocated. And
as Mr. Finn has pointed out, proba 1 ost the projects in our sales
tax project list are going to co e than what was anticipated at the
time. That's the bad ne
The good news is tha ur sales tax collections, when we cease
collecting, when w�e re4h t at $490 million number -- and I think
70 million of that went to the cities. So when we reach that
$420 million u ber and that 490 number, we continue to collect that
sales tax f th mainder of the year in which that number is arrived
at. And th ight -- I'm not sure if that's this year or if it's going to
be in
raestimated.
r sales tax collections will be in excess of the numbers that
we I don't know how much, but that's something
that -- and Mr. Finn may have a little bit of a handle on.
In addition, there are some projects in there where there will be
some savings. I'll give you one example. We have $15 million set
aside for the vocational education facility. Well, it turns out that a
Page 74
May 9, 2023
gentleman that I know donated property to the county, donated a
building and land for -- to the county to use as we see fit. That
happens to be in Golden Gate City. It's that white building that's
empty there. Staff has evaluated that building. The building is
structurally fine. It needs to be remodeled. There's plenty of
parking there because there's an agreement to have that -- that
whoever owns that building can use 200 parking spaces there.
The school district has been contacted. They likrnovate
ocation.
They like that building. And so instead of costing $Ilion to
build a building for a vocational education facility bly
going to be more like 5 million, maybe a littl s, r and
provide what's needed for that facility.
So there's going to be an opportunity move some money
around is the point that I'm making.. million for this
project -- this project is very, very ' nt for this community, and
I'd hate to see us stumbling alon use there's going to be an
increase in cost. None of us o spend more money than we
have to, but there are so . cts where -- as pointed out by
Mr. Finn on Vanderbilt B Road, there's some projects where they
cost more, but that doesn't iminish the need to go and proceed with
them.
So I thi e y have some flexibility. If there's a few
million do ars sales tax needed for that, I think we can sharpen our
pencils an it, quite frankly.
So I 't know if there's been a motion to move this forward.
If there hasn't, I'll make a motion to move this item forward.
CHAIRMAN LoCASTRO: Commissioner Hall's lit up.
Commissioner Hall.
COMMISSIONER HALL: I just want to make a comment.
You know, to kick this down the road or to allow it to go down
the road another year, it kind of frustrates me. I mean, we're the
Page 75
May 9, 2023
county. We're the ones that are applying for the SDP approval.
And then I'm reading, due to an unexpected delay. And in all these
things, we hear, due to supply -chain issues, due to inflationary costs,
due to -- it always seems like it costs the county money because of
these things that happen.
I would like to see our posture and our intensity become
purposeful in getting these things done so that it doesn't cos
4
money down the road so that in a year from now we're r ading,
oh, due to this and due to that, we're exceeding the $ ' lion, and
now we want the taxpayers to pay this.
And I just want to go forward with a mo u ' ess-like -- you
know, or an urgency to get this thing done. C m issioner Saunders
said this project is important to the comm . It was obvious.
And so I would like to see our inten�it r purpose increase and
become more purposeful and mor ', to get these things done so
that we don't -- we don't have thes d of conversations later.
MR. FINN: And if I m 1 . And I appreciate your
comments, and they're ri
One of my pet peeve , frankly, when we look at government
bureaucracies and every change that all of us can see as plain as the
nose on our face y call unexpected or unplanned. In this case, I
will say to yo t at ere were substantial delays in achieving our
zoning onYur
erty. The zoning is a critical milestone and be
able to acSDP. So the zoning was necessary to complete
the d design is necessary to complete the SDP.
if I may just add a bit more. The contract as it deals with
thi icular time specification was a little bit inartful in that it
basically siamesed the zoning date with the SDP date. Reasonably
speaking, it should have been zoning, then 12 months from zoning to
get the SDP. And, effectively, that's what we're doing here after the
fact.
Page 76
May 9, 2023
CHAIRMAN LoCASTRO: You know what I would have just
liked to see, in these agendas when we have unexpected delays or
they're asking for the fifth extension -- and I've said this before -- a
little bit more detail, like an extra sentence that defines it not onl to
us when we go over this agenda, but this agenda's released to the
public. �+
If I was, you know, Joe Schmitt, you know, Joe Johnsc�
whatever, you know, out in the community and I wasn't l wing
this as closely as we follow it, and I was just sort of 'ng this, my
takeaway would be exactly what Commissioner H asically
implying is, geez, this one county, man, they c n everything
on. They have an unexpected delay for this. i said unexpected
delay due to, you know, bats and arsenic we said on the golf
course, all right, okay -- you know, let' ar bats and arsenic too
many more times. That was a on eal.
But there are some, you kno enuating circumstances. But
also, too, I'd like us to take th nsibility of saying, if it was the
county, you know, drop ' all, I mean, it's not -- we're not
trying to throw people un the bus, but if we say, you know, we
missed a deadline r, you know, we didn't do something, let's be
transparent to t ublic and also to all of us up here.
You kn , thi ne I know has a bunch of extenuating
circumsta es. nd I agree with Commissioner Saunders, I don't
want to del is one any more artificially. But a lot of good points
have ou know, brought up here that this one really needs to be
in
r extremely closely.
t I would second the motion, you know, to pass the -- to
approve this second amendment, unless anybody has any objection.
So I have a motion and a second. I think we've all brought up
great points that we're looking for, you know, homework assignments
from the county to keep us fully informed. But I have a motion and
Page 77
May 9, 2023
second. All in favor?
COMMISSIONER HALL: Aye.
CHAIRMAN LoCASTRO: Aye.
COMMISSIONER KOWAL: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN LoCASTRO: Opposed? �+
COMMISSIONER McDANIEL: Aye.
CHAIRMAN LoCASTRO: Okay. It passes 4-1. 0
MR. FINN: Thank you, sir. �•
CHAIRMAN LoCASTRO: Where can we t?
MS. PATTERSON: Commissioners, th e i g items are
both to be heard no sooner than 1:00 p.m. W ca
p at
o to staff
r communications if you feel like that's apie now, or we could
take an early lunch or a little bit extra ' lunch and come back
at 1:00, take care of those items, aid e through the
communications section of the a d
COMMISSIONER HAL et's do staff.
CHAIRMAN LOC� Yeah. I think we can go to staff.
You know, let's make use the time.
MS. PATTE SO1*. ure, absolutely.
So that bri us to Item 15, staff/commission general
communicati e can ask now about public comment on general
topics not n t urrent or future agenda and, Troy, we can ask again
at the end i e anyone's planning on coming.
LER: Sounds good.
PATTERSON: So nobody now?
R. MILLER: No.
Item # 15C
STAFF AND COMMISSION GENERAL COMMUNICATIONS
I
May 9, 2023
MS. PATTERSON: We don't have any staff project updates, so
that brings us to Item 15C. That's staff and commission general
communications.
I do have one item relative to our trip to the veterans -- state
veterans nursing home. We have had a little change in plans+
we're now requesting a workshop on the state veterans nursi4home
the same day that you've all reserved on your calendars. at's for
Thursday, May 25th, in the afternoon from 3:00 to 5: re in the
boardroom. This is instead of all of us going on t d trip. This
allows participation by the state veterans nurs' h e
representatives, allows for participation for the a lic and anybody
that may want to that would not have bee ble or prudent to do
taking them to a nursing home. So.wV'--
CHAIRMAN LoCASTRO. q me would we start that?
I'm just looking at my calendar he .
MS. PATTERSON: Th lock. We had planned that
whole day to be blocked o have another -- Code Enforcement
Board is in this room that , so the earliest time we could be in here
is at 3:00.
CHAIRMAN LoCASTRO: Okay.
MS. PA)'TERSON: And I don't know if Mr. Mullins has
anything t add that, but he's sitting back there.
CHA N LoCASTRO: Okay.
SSIONER McDANIEL: Have you sent out a memo to
o e o make sure that that's all made our calendar?
S. PATTERSON: So your calendars were all reserved from,
basically, 8:00 in the morning until 8:00 at night for us to all drive
together over to the other coast and then come back. So we will
reverify with your -- oh, here comes John. We'll reverify with your
aides. But as of my last check, nothing had changed with that.
Page 79
May 9, 2023
Hi, John.
MR. MULLINS: The short answer is, correct, yes, we did send
out a notice to your aides for the calendar purpose to let you know of
the start time at 3:00 p.m. on that date and what the potential agenda
would be. And as the County Manager stated, this will allow th
additional participation of representatives from the Departme t�i+
Management Services, who will be the project managers, it allow
Easter Seals, who operates adult day healthcare facilitie r FDVA,
to also participate, including Orcutt/Winslow, the architts that have
p P � g � �untr�nd
designed many state veterans nursing homes acros they'll be on there as well, as will FDVA to to nding
timeline next steps.
CHAIRMAN LoCASTRO: Can yo en that out as a calendar
invite? I think the email that you sin more of a, like,
informative, and it was giving us a*h@�i pup, but it wasn't an
"accept," "accept," "accept." Sot at sort of just makes sure it
doesn't fall through the crack, ow, in our calendars, if
everybody's in agreeme .
COMMISSIONER ANIEL: It's on my calendar.
CHAIRMAN LoCAS RO: Yeah, it's on mine, but it's on there
sort of -- I don't k*k it says -- I don't think it's like --
MR. M 11
I think I sent it out both ways, but I'll
double-ch cNt� ake sure.
CHA N LoCASTRO: Okay. Sounds good.
SSIONER McDANIEL: I'll be here.
IRMAN LoCASTRO: All right. Any questions on that?
o response.)
CHAIRMAN LoCASTRO: Okay. What else?
MS. PATTERSON: Okay. Thank you.
We do have the committees that have been advertised, and I'll
look at Mr. Klatzkow to fill in the blanks here, but we've had some
of .1
May 9, 2023
inquiries about our citizen group for the Army Corps. We've
received -- and I'll look to the back of the room if Mr. French has
anything to add, but I know that we have received many applications.
They're being reviewed now and prioritized, that way they can come
to you for your review. But I know you wanted an update on th �-i�,s
it moving forward? And we continue to it get -- I have been
receiving emails, and you probably have, too, about people ave
submitted their names. 0
Mr. French, come up here.
CHAIRMAN LoCASTRO: So the makeup group would
be at least one person from every district, rig 'd have
representation -- I'm sorry?
COMMISSIONER McDANIEL: T t 1 o seven.
CHAIRMAN LoCASTRO: Yea .
COMMISSIONER McDANI �, ve and --
CHAIRMAN LoCASTRO: then two alternates --
MS. PATTERSON: Tw t rge.
CHAIRMAN LoCAS) -- and then, you know, okay.
COMMISSIONER SAUNDERS: Could you make sure that
there's a representative from the City of Naples on that? I know
there are twoAat-e,but --
COMMR KOWAL: I know they asked.
CO Iki NER HALL: We do have an application coming
from the C Naples that I know of.
AN LoCASTRO: Yeah. I mean, I think we all got
�S. PATTERSON: We do, and they'll -- yeah, I think there
was maybe a little confusion surrounding that email. But I believe
that's what it was in reference to. And all of you are going to have
the opportunity to look at those candidates and decide the makeup.
So not only Commissioner Kowal's, which is partially in the City of
I
May 9, 2023
Naples, but there are also the opportunity for the two at -large. I
would assume the same for Commissioner LoCastro, as he represents
Everglades -- or Marco, and Commissioner McDaniel, who
represents Everglades.
Now, we do a lot of legwork for Everglades just because o eir
size. We try to provide that technical assistance to them. B t t
to make this an inclusive process.
I'm looking to Mr. French to see what type of visibility he has
on those applications. N
CHAIRMAN LoCASTRO: One of the thin just want to
make a comment, and it's just -- you know, w a t een any
applications yet. But, you know, when you p a committee like that
together, you want some cohesion and so ou know, different
experience levels, but we also -- this is talking -- you've got
to make sure that you don't put, s u know, a General Norman
Schwarzkopf on the committee an t n a bunch of citizens so that
you have two or three that are very big roles in the county,
and they can tend to sort te
ow the discussion because they
have some sort of, you kn personal interest, so that person
sending a represen ativVof a particular group or district or what have
you, but that's w I'm going to be looking for.
It's like, o k ow, folks that have the background, the depth so
they could av od discussion but you don't have two or three
people that d out as extremely senior, you know, higher -level
folks��uld tend to maybe dominate that conversation.
that's hypothetical. You would hope everybody would be
pr ionals. But like you said, I think we're getting a lot of
applications, so we have great choice here. In the end, I don't think
it's a matter of picking, you know, individual folks that we think
would be good but looking at the entire team and say, are we really
putting an all-star team together that represents, you know, a great
May 9, 2023
cross-section of not only the county, but, you know, also would work
well together, and there's not sort of two or three standouts that might
be sort of, you know -- maybe, you know, one of these things is not
like the others, you know, type of thing. Just a thought.
MS. PATTERSON: Understood. And the other thing is, N
e
will be public meetings. So while you're only choosing seve ,
doesn't eliminate the ability for any interested party to partici te.
They also are going to have an opportunity to continue �ract
with the Board, with the Corps, with our CAC, and wit , r TDC.
So there are multiple places where the public gage,
including this committee. So I just want to k ing that
message out there that this is meant to be an in a ive process. This
is not meant to leave anybody out no mat what their stance is on
any part of these projects or not. Tke s e for everybody to
participate.
CHAIRMAN LoCASTRO: don't have to be part of the
committee --
MS. PATTERSON: fey do not.
CHAIRMAN LoCA O: -- to speak.
Commissione Mcpaniel.
COMMISS ER McDANIEL: Well -- and that goes right in
line with wh e e going to close the portal for applicants?
MR. KOW: We're still waiting for an application from
District I, e can close it --
AN LoCASTRO: We have no applicants from
Dect ?
MR. KLATZKOW: No.
CHAIRMAN LoCASTRO: Okay. I'll take care of that.
COMMISSIONER McDANIEL: And so I would like a term to
be put on the portal so that we close it, and if we don't have anybody
from any one particular district, I don't want to hold it waiting for
I 1 •
May 9, 2023
someone.
It's imperative -- the rationale behind the creation of this group
was to disseminate the truth when we're already being bombarded
with nontruths and misnomers and fearmongering that's going on
throughout the community. And I want that to be quelled as mu
as is physically possible, and the creation of this committee a
sy
oversight to disseminate the truth is imperative.
MR. KLATZKOW: And when would you like us Oing it to
the Board? Because then I'll backdate the portal deadli .
COMMISSIONER McDANIEL: I would li o pick at our
next meeting.
COMMISSIONER HALL: Yeah.
MR. KLATZKOW: Okay.
CHAIRMAN LoCASTRO: Yea even though you're
saying, like, you haven't gotten an - so I'll work with you on
District 1 and make sure that we d e some applicants --
MR. KLATZKOW: If ve an applicant, just have her call
my aide.
CHAIRMAN LoCA O: Got it.
MR. KLATZKOV.�# e've done that before, and we'll walk
them through it.
COMM ONER McDANIEL: And the same goes -- you
mentione two mmittees, and that's the other --
MS. RSON: East of 951.
SSIONER McDANIEL: 2.0.
PATTERSON: 2.0.
MMISSIONER McDANIEL: East of 951, 2.0. And I'd
like that to come to the Board as well so that Commissioner Saunders
and I -- I think we should be the lead on that organization as far as
picking the folks that are going to serve on that with ratification from
the Board, so...
May 9, 2023
MS. PATTERSON: And I'll look to the County Attorney on
that one. He may have to update you on where we are with
applications for that and when it closes. I'm less up to date on that
than I am on the Corps.
MR. KLATZKOW: Yeah. I don't know that we have thats,
many applications, sir. I can get you the number.
COMMISSIONER McDANIEL: All right. 14
MR. FRENCH: Commissioners, if I m4ighthrd,
Jamie French with Growth Management and
Development, your department head.
Currently we have 13 applications. Andoing exactly
that, as this -- as we've --
COMMISSIONER McDANIEL: T een applications for --
MR. FRENCH: For the Army. C
COMMISSIONER McDANI �, or the Army Corps.
MR. FRENCH: And so curr we have active. We'll
wait -- so that will be 14. A what we are prepared to do next
week, Chris Mason and k9i as Howard Critchfield, who's
leading this project, we're ctually going to go through, and we're
going to point out the benefits for each candidate on what they might
offer.
And I d ow at we did have a couple that may interest
Commissi ner 11, at least, for Pelican Bay, because we don't know
that the 'v a great deal of coastline and, of course, they're going
to be 't 'mportant to this process, their input, as well as they're
gof N have a heavy level of interest.
So we will bring that back to you at the next meeting for your
consideration with a staff update. And, again, we've got both a
professional engineer long term with Chris Mason as your resiliency
and community planning director. Myself and Mr. Bosi and
Ms. Cook will all be very much involved with this process on how
I - •
May 9, 2023
there's added value for different candidates from both the technical
aspects, community aspects, but also the environmental aspects.
CHAIRMAN LoCASTRO: Commissioner McDaniel.
COMMISSIONER McDANIEL: Yeah, just to -- and if you
would, give me an update on the East of 9512.0. I'll announce 1
tomorrow night at the "Evening with the Commissioners."
And then, Commissioner Saunders, if you would also "e 1 let
out to your folks. We'll see if we can't get that wrappe(. s well.
MR. KLATZKOW: And my aide tells me there are eight
applications.
COMMISSIONER McDANIEL: Eight, a
MR. FRENCH: And with that, Commis *o er , we've named
Parker Klopf, who is a senior -- I'm sorry e's a principal planner, a
Planner III with us. Good news abQu , Parker grew up here.
Boy, I've known -- I've been here me. I've known Parker
since he was a little kid because hi m, Wendy, works over with
our Human Services Deparre
ut he's a fine young planner.
He works for Mr. Bosi,orking along with Ms. Cook,
myself, and Cormac and e'll be there as his backstop.
But we think you're going to be awfully pleased with Parker going
forward as the liai on for your 2.0 East of 951.
COMMISSIOTI�ER McDANIEL: Very good.
CHA LoCASTRO: Okay.
MS. RSON: That's all we have from County Manager's
Office.
County Attorney.
R. KLATZKOW: Nothing, thank you.
CHAIRMAN LoCASTRO: Commissioner Hall.
COMMISSIONER HALL: I was just going to say, is the 16th,
next Tuesday, too soon to close the portal so that we have it for when
the agenda comes out?
May 9, 2023
COMMISSIONER McDANIEL: For the --
COMMISSIONER HALL: For the Army Corps of Engineers.
COMMISSIONER McDANIEL: For the Army Corps ?
MR. KLATZKOW: We're going to bring -- my understanding
is we're bringing the executive summary for the Board appointm is
at the next meeting, correct? Yeah.
We'll close the portal -- we'll keep the portal open till tYf ast
possible moment for that so you get all the applications Qan get.
COMMISSIONER HALL: Good.
MR. FRENCH: And we can review these pi r uickly.
CHAIRMAN LoCASTRO: Okay.
MS. PATTERSON: Chair, to you and th 1 w
commissioners.
CHAIRMAN LoCASTRO: Ok ou want to break for
lunch, or what else?
MS. PATTERSON: It's u t u if you wanted to go through
the commissioners' correspon c first and then we'll break for
bunch, or if you want to We're kind of -- we're halfway
through.
CHAIRMAN LoC,OKS RO: No. You're saying the closing
comments from commissioners? Save that for the end, because
there might b s in ther things that happen or whatnot. So why
don't we beak lunch and come back here at 12:45. Okay.
1:00
1:00.
COM)�MIONER McDANIEL: We can't do anything till
AIRMAN LoCASTRO: I'm sorry?
MMISSIONER McDANIEL: We can't do anything till
MS. PATTERSON: Yeah. We don't have anything till 1:00.
CHAIRMAN LoCASTRO: I thought it was -- okay. So we'll
come back at 1:00.
Page 87
May 9, 2023
MS. PATTERSON: Sorry, Chair.
CHAIRMAN LoCASTRO: I was giving you a few minutes to,
like, you know, get organized before the 1:00 starts.
(A luncheon recess was had from 11:43 a.m. to 1:00 p.m.)
MS. PATTERSON: Chair, you have a live mic.
CHAIRMAN LoCASTRO: All right. We've got two "
sooner than one o'clocks." Do you want to start with 11 B 1 ?
I'll leave it up to you. 0
Item # 11 D
THE PAYMENT OF $1 650 TO THE RIVER1�
HOMEOWNERS' ASSOCIATION ("H " FOR FIVE YEARS
OF UNPAID ASSESSMENTS FOIJ BLOCK A OF PALM
RIVER ESTATES, UNIT NO. 7, DING TO THE PLAT
THEREOF RECORDED IN PLA OK 12, PAGES 28
THROUGH 30, PUBLIC RE S OF COLLIER COUNTY,
FLORIDA - MOTION T OVE W/CHANGES BY
COMMISSIONER MCD IEL; SECONDED BY
COMMISSIONER LOUA TRO — APPROVED
MS. PA R9ON: We are going to start with 11 D, please,
and that is o y 16A 13 . It's a recommendation to approve the
payment o 50 to the River Oaks Homeowners Association for
five ye unpaid assessments for Lot 44, Block A of Palm River
E s, nit No. 7, according to the plat thereof recorded in Plat
Bo 2, Pages 28 through 30, public records of Collier County,
Fl
This item was moved at Commissioner McDaniel's request, and
Ms. Trinity Scott is here to answer questions as needed.
COMMISSIONER McDANIEL: And what was the agenda
May 9, 2023
item on the consent agenda?
MS. PATTERSON: 16A13.
COMMISSIONER McDANIEL: Okay.
MS. SCOTT: I'm here to answer any questions that you may
have regarding the agenda item. We are recommending approv f
a payment of $1,650 of homeowners association dues for a to l s
owned in the River Oaks subdivision. The lot is utilized ILo#vVcess
to a weir location. O
COMMISSIONER McDANIEL: Okay. Can ' 1 you give
me a little bit of history as to what's, in fact, trans § nd how
we've come to be in somewhat of a disagree t . think there's
some people that are interested in speaking on i item as well, so...
MS. SCOTT: Sure. I have a brief sentation that I can go
through, if you'd like. So the backgro e county purchased
this lot in 2004 for the purposes o �bng the Palm River weir
structure for ease of operation and ntenance. The lot is a
single-family residential lot. o not have any improvements on
the lot at the location, bu eilize it for, as I said, the access to
the weir location.
At the time when Ve purchased the property -- I guess I should
say, we were un re that the property was encumbered by a
property ow ass ciation, and in 2022 the county received a
demand lettIter payment of assessments back to 2004, inclusive of
late fees anUlfterest, totaling $27,000, give or take.
hed out to the homeowners association because, as I
a e staff was unaware that we were encumbered by an HOA.
Th H A has a collection policy that's shown on their website -- it
was adopted in 2018 -- that dictates that delinquent accounts are
noticed on a 15- and 30-day interval, none of which the county's
received.
In December 2022, the county received an intent to record a
of w
May 9, 2023
lien -- a claim of lien against the property unless the amount was paid
in full, and the amount of $27,776.53.
This is a breakdown of the amount. The total principal is
$4,100. The late fees, interest, and certified mail charges makeup
the remaining portion of 27,776.
We've had multiple conversations with the homeowners
association representatives trying to come up with an agreet or
an amount. We have coordinated with our County Attes
's Office
to determine the county's legal obligation to pay thessments,
including late fees and interest. Based upon that ce, it was
determined that the county would be obligate t e previous
five years of assessments, which is $330 per y r, e ualing is $1,650.
And we have contacted the -- discus A.Yerbally with the
homeowners association. They have s o accept that amount.
They did provide the -- we worke homeowners association
representative. We did get a bill r ur 2023 assessment, and we
have paid that. So -- and I w* e you that I have this on my own
personal calendar at the it doesn't fall through the cracks, as
well as multiple other peo in our financial group to where we stay
up on this, because we �un't want to be in this situation in the future.
A few wee go we received via email a delinquent assessment
notice reques $ ,000, but there wasn't an explanation for the
change fro th revious invoice.
So thi gs us to where we are here today, which is seeking a
recoindation to authorize us to make a payment of $1,650 to the
RjVtNaks association for our past five years of unpaid assessments.
AIRMAN LoCASTRO: I think we have public comment,
don't we, Mr. Miller?
MR. MILLER: Yes, sir. We have two registered public
speakers on this item. You want them at this time?
CHAIRMAN LoCASTRO: Let's hear from them.
May 9, 2023
MR. MILLER: Terry Wayland will be followed by Jim
Capwill.
MR. WAYLAND: Good afternoon. I'm representing -- the
president of the River Oaks Homeowners Association, and the
invoice that she just referenced was one that was sent in error by e
current property management company, but we still stand by
our original notification was to the county that's owed on th t.
And the reason we're in disagreement over the five a is your
warranty deed states that you're in an HOA, which m 't was
stated from the time you bought the lot through to at you had an
obligation to pay the HOA. And so to come w and say that
you're only responsible for five years when yo wer negligent for all
of the other years is unacceptable to us as association. That's how
we pay our bills. That's how we mai community. And if
you are going to be a part of the cda 'ty, you need to be a part of
the solution, not a part of problem v
And Jim Capwill is on oufN Kince Committee and has also
spearheaded this project done a lot of work on it regarding it
and some of the other de i e cies as it relates to the water and lot
association -- or the lot within the association, so I'm going to let him
speak on the bal e of that.
MR. C IL : Thank you. On behalf of River Oaks
Homeown rs ciation, I thank you for allowing us to speak up on
this financi spute.
AW my is in no different position as any other lot owner.
W governed by the same covenants, restrictions, and dues
as ents, and I believe we all should be treated equally.
In 2017, I was in a similar situation when I moved in. I didn't
know about dues. They told me, as a volunteer, $330 I should have
paid. I was six months late, and I got $1,800 I had to pay, and that's
just the way it works.
Page 91
May 9, 2023
As Terry pointed out, on your warranty deed -- and I filed one
with the court reporter here -- the property was purchased not in '04
and '03, May 6th, and it clearly states in your warranty deed that this
property's subject to all easements, restrictions, and reservations of
record.
If you go to the declaration of covenants, the developer do s
that any lot in River Oaks subdivision are subject to the foll- ving
easements: Restrictions, covenants, and restriction [sic 0 this not
an option? These restrictions run with the land, and nefit and
burden of them shall be binding on all parties, incl all
successors and assigns.
Article 11 of our declaration of covenants y no building or
structure shall be constructed, erected, alt d, placed, or permitted to
remain on any lot other than one detac le -family dwelling.
Article XV, each owner of a lm River -- automatically a
recording of a deed conveying titl t uch owner -- becomes a
member of River Oaks Home s Association subject to all
powers, duties, dues, lie , ssessments.
Okay. In the event o a violation of any of these restrictive
covenants, the association shall have the right to proceed at law or in
equity to compl compliance with the terms hereof or to prevent the
violation of b h N any of them. The failure to enforce any rights,
reservatio r fictions, conditions, or limitations herein contain,
however to ntained, shall not be deemed a waiver of the right to
dos er. Any delinquent owner agrees to pay a reasonable
att fee for the enforcement of these use restrictions.
I we go to Florida Statutes, okay, all parcel owners, by
definition, are members, okay. All members, under
Chapter 720.303, have the right to attend all meetings of the Board.
Under 720.303(C)1, notices of all board meetings must be
posted in a conspicuous place in the community at least 48 hours in
Page 92
May 9, 2023
advance of a meeting.
CHAIRMAN LoCASTRO: Keep going, sir.
MR. CAPWILL: Okay. Under 720.3085, Number 3,
assessments and installments on assessments that are not paid when
due bear interest from the due date until paid at the rate provide
the declaration of covenants or by the bylaws of the associati i which rate may not exceed the rate allowed by allow. If n e is
provided in the declaration or bylaws, interest accrues aercent.
Any payment received by an association and ac shall be
applied first to any interest accrued, then to any a rative late
fee, then to any costs and reasonable attorney' ee ' c rred in
collection, and then to the delinquent assessme t. ose documents
are the same ones that I have to abide by the county should abide
by.
Now, I understand much mo , 'gent attorneys than me have
taken this up. They want to dro s statute of limitations is only
five years. I believe it would ced -- or enforced in a court of
law that you have a warr d that states that you're required to
pay these assessments. 've had proper notice. You had the
ability to attend board meetings.
Now, in all 'mess, no one's driving through the community. I
understand t B as a homeowners association, we complied
with Flori a S tes, okay. The minute we found out that there was
a delin ue , hich I believe would have been in, like, late July of
1225 d corresponding with the county to ask how do we
h 's and so forth.
e have had to foreclose on members; we've had to sue
members for collection based on the same rules. So I believe, if you
go back to River Oaks versus Brunt, they raised the issue of statute of
limitations, and a judge summarily dismissed it, stating you had
notice on your warranty deed when you bought the property. You
Page 93
May 9, 2023
needed to follow those rules.
My only question to the attorneys would be, what rule is there,
what code provision, that says the county is not subject to our
covenants, our bylaws, our articles of incorporation? Because,
technically, I think we're in good standing on this, and I'm even
questioning why they haven't even approved the weir structur
that property when our covenants clearly state owning a sin family
home.
Now, we're not here to raise that issue, but we dthat we're
owed this money, and we should receive it. Now in January of
this year, I sat down with Amy Patterson and 'ni Ott, and we
came up with a compromise that I thought was o n to be binding
until the lawyer came back and said no. A _
So we're here to appeal to you C V citizens, as our
government leaders, and as businerl we
asking you to do the
right thing. v►'"
CHAIRMAN LoCASTR Nkay. Let me go to
Commissioner Saunders
COMMISSIONER NDERS : Thank you. I've got a
couple questions for oup#staff -- and I may have a question for you,
too, but I've got uestion for Ms. Scott and a question or two for
Mr. Klatzkov,
This piec property, we're only using it for access to the weir?
MS. S: Correct.
SSIONER SAUNDERS: Do we still need it --
/"MRySCOTT: Yes.
COMMISSIONER SAUNDERS: -- for access to the weir?
And so we're -- I guess we're in violation of their rules because
we don't have a house on there? Is that --
MR. CAPWILL: Yes.
MS. SCOTT: We have nothing on the property at this moment,
May 9, 2023
correct.
COMMISSIONER SAUNDERS: But we still need the
property?
MS. SCOTT: We need the property for access.
COMMISSIONER SAUNDERS : Okay. Then, Mr. Klatz w,
in terms of the statute of limitations and all of those issues, I'
really persuaded that that should be something that we sho to
live or die on a technicality. I think we need to play by e ame
rules as everybody else in their association.
I'm sort of disappointed that we still need thee because
that would sort of get us out of this association� I ink we
should -- if we -- if we did not make the a m�fits, and the have
pY � Y
specific rules dealing with interest aeh�rges, then I don't see
why we should try to avoid paying tmounts.
I guess another question is, aume we're doing -- I
don't know if we're doing any wor ihborhood or anything
that would offset any of those I'm assuming that that's not the
case. My view would b , ay the whole thing. I mean, it's a
tough pill to swallow, but N shouldn't be trying to live by different
rules than we expect other people to live by.
CHAIRMAN LoCASTRO: Commissioner McDaniel.
COMMISSIONER McDANIEL: There was some discussion
on that no wi egard to in -kind work that we had done that was,
theoretical e responsibility of the homeowners association. Do
you at that number was?
oo'� COTT: Yes. It's actually in the executive summary.
We completed, in December of last year -- this is actually a before
and after picture of a stormwater outfall where Road
Maintenance -- under the prior Road Maintenance director's
direction, our Road Maintenance staff went in and cleaned out this
area and did install some riprap along the privately maintained
Page 95
May 9, 2023
stormwater outfall. And the total labor, equipment usage, and
material, based on our production report, was $9,049.42.
CHAIRMAN LoCASTRO: I have a question for you
gentlemen. So how many HOA members are there?
MR. CAPWILL: One hundred sixty-nine thought, until we id
our research and found out the county's 170. So we have 17 .
CHAIRMAN LoCASTRO: Okay. So every 12 mon 0
those 169 people get a bill for their HOA fee, or they ju Qe to
remember on their own?
MR. CAPWILL: Typically they do. And oing to
make sure that we have everyone's email goin o r But there's
nothing in the statute that requires us, on an an assessment, to
invoice. There is on a special assessmen .
CHAIRMAN LoCASTRO: %o. u -- and I get that.
But my question was, did 169 peol?IA 12 months get a bill or
somewhere in that -- I realize No. 7Z( didn't or we wouldn't be here.
But did the vast majority of p ho you had a correct email
address for? I mean, I' A ' ere going, our email address would
be the easiest one to get i universe compared to the 169
strangers. So I m an, 1,.kn sitting here trying to figure out where the
responsibility is mean, I don't disagree with Commissioner
Saunders, bu 1 th majority of 169 every 12 months get a bill?
MR. A LL: I can't support what the
manageme - roperty management companies have done in the
past. ' support what the boards have done in the past. I can
0 ou that we've made sure everybody's gotten some kind of a
wr e notice or a knock on the door in past years.
CHAIRMAN LoCASTRO: So you recently, then, took -- is
that what I'm --
MR. CAPWILL: Yes.
CHAIRMAN LoCASTRO: Okay. When was that that you
May 9, 2023
took over?
MR. WAYLAND: A year ago, a little over a year ago?
MR. CAPWILL: I'll tell you it was July, because that's when
we discovered Lot No. 170.
CHAIRMAN LoCASTRO: So did you discover in the oth
169 that there were plenty of people that were past due that d' pay
for a long period of time, or it was just us?
MR. CAPWILL: It was just you. Everybody els Qhad had
to file suit against in the past and so forth. And it sh e noted,
some of them went back a lot longer than just the ear statute
that the County Attorney is proposing.
CHAIRMAN LoCASTRO: Okay.
MR. CAPWILL: We've got lawsui runt. That's eight
years.
CHAIRMAN LoCASTRO: So what would be the total,
just for the record. What would i cif we --
MR. CAPWILL: The c demand was just delivered today
for the corrected. It's aborq gave it to the Clerk -- I mean, the
court reporter. It's, like, 2 ,950.
CHAIRMAN LoCASTRO: Ms. Patterson, I guess the next
question I have ou is if you were in conversations with them,
what can you e us,
MS. SON: So we did -- as the gentleman said, we did
sit down w t Mm due to the value of this lot to stormwater as well as
the fact that tie had presented that same information of other cases
w,,kM they had treated other property owners the same way as us.
Stack in time, attempted to assess them, actually took them to
court.
I can only speak for myself, but I did -- Ms. Scott was there, too.
We felt that the value of that lot far outweighed the risk of
proceeding to try to litigate this. But I'm not the attorney, hence the
Page 97
May 9, 2023
reason why we had to confer with the County Attorney. There's
legal -- there's legal matters at hand here.
Our primary concern was, number one, of course, being fair.
We're not asking for special treatment. We're not saying we're
special because we're the county, but secondly was protecting ou
asset.
CHAIRMAN LoCASTRO: Okay. Let me go to
Commissioner McDaniel, and then I want to hear from 0
Mr. Klatzkow. Go ahead.
COMMISSIONER McDANIEL: And I wa ask, did I
hear you say you have litigated and/or brough a s against other
properties in the homeowners association?
MR. CAPWILL: Yes. I have bro t a copy of one.
COMMISSIONER McDANIE�: So that is -- that is, in
fact, the case. And I'm just goingA ^a out loud I agree with
Commissioner Saunders in part. &ink that maybe we ought to -- I
mean, we need to stand respo for our obligations. The county
needs to do that.
And there certainly i imited amount of responsibility for
building purposes, arguably, one way or the other. But I don't want
to be in a positi here a homeowners association has to litigate
with the cou ec se we're the owner of a piece of property in
their subd lsl I don't find that to be acceptable, even though
there may al precedent. Our county attorney may say
some,,i fferent with regard to what our actual exposure is. I
d to litigate with a homeowners association inside of our
colVtnity. I would rather reach a settlement and come to an
agreement of some sort and go on.
CHAIRMAN LoCASTRO: Mr. Klatzkow, what can you add?
And then I'll go to Commissioner Hall. I mean, if you want to add
something. I know, just --
0M
May 9, 2023
MR. KLATZKOW: No. There are legal obligations, and there
are what I'll call moral obligations. If you feel like you have a moral
obligation to pay, that's fine.
CHAIRMAN LoCASTRO: Okay. Commissioner Hall.
COMMISSIONER HALL: I look past moral obligation.
would want to be treated -- I want to treat others like I would li
be treated. To not even be aware of this, oh, sir, it's in your dee .
How many times have you ever read your deed and loo at the fine
print and realized that you had an obligation? You don
You know you have an obligation when som�e&q ends you a
bill. Hey, you're part of the HOA. And wh h a pened, we
paid it immediately. So just because we've go e o 20 years, or
however long it was, and we've got this 2 , 00 -- $29,000 worth of
charges now, that's not how I would�w treated. It's not how
you would want to be treated.
You were lucky enough to re of it the first year. Sir, you
owe $330. Oh, okay. Now late. It cost me 1,800. That's
the first year.
You know, you have ome on that property, a house that you
live in. We don't. WVaccess it to provide floodplain maintenance
for the county i t area.
So, you w, far as a moral obligation, I'm willing to pay the
$41100 wo h o rincipal that we owe and let the -- let the interest,
let the late and all the hogwash -- all of the greediness or all of
the g* go, because it's just what's right.
e)re aware of it now. We were sent a bill; we paid it. We're
al going to pay the bill. The Clerk does an amazing job.
So I don't -- you know, I feel like it's a greed thing against the
taxpayers to try to grab this money because you think you can. And
you may can. I would just be a proponent of the moral obligation.
We'll pay the $4,100, the principal amount that we owe. You take it.
May 9, 2023
Let it go. We'll all live happily ever after. We'll access the weir,
maintain the floodplain. You send us a bill; we'll pay it every year,
because Trinity's even got it in her own personal email [sic]. So
that's where I'm at on this thing.
I think -- I personally think the 1,650 should suffice for the
statute of limitations, but on the moral side of it, I think we n
do what we need to do. And I'm willing to do the 4,100.
CHAIRMAN LoCASTRO: Commissioner Kowa
COMMISSIONER KOWAL: Thank you, Cha'
If I was hard -lining, I'd be aligning myself w* missioner
Hall right now, but I do feel in some way wit e e commissions
here that, you know, we do have an obligation s e property owner
and to the association, just like any other papLon would be in there.
But, also, I'd like to draw atten io fact that we did use
public money to maintain somethi something that was your
responsibility, and we didn't char a for it. And, you know, that
comes to about $9,000. So i come to a conclusion today, I
think that possibly could ssible negotiation point to where we
get -- that we already use blic money on something that, you
know. You -- it was yWr responsibility to use the money that you've
already gotten f everybody else over the past 20 years. So I
would be mo om ortable maybe moving forward with something
of that nat re.
CHA N LoCASTRO: Let me hear from the
com rs. You'll get a chance.
o issioner McDaniel, and then Commissioner Saunders.
COMMISSIONER McDANIEL: Well, that's exactly what I
was going to propose. The plus/minus is $29,000. You have
27,000 here. And there must be another bill or something out there.
MS. SCOTT: So -- and what Mr. Capwill is speaking of, this
was interest based -- this is the latest bill that we had received in our
Page 100
May 9, 2023
office. This is interest through December 31 st of 2022. I'm sure
that Mr. Capwill probably recalculates that interest through, perhaps,
today or some other date, so that's probably the difference.
COMMISSIONER McDANIEL: So the round numbers that I
had in my mind is 20,000, is -\Wt4,
-
CHAIRMAN LoCASTRO: Twenty-nine minus 9-.
COMMISSIONER McDANIEL: Correct. Is the -- ahat
alleviates the association of the taxpayer expended fund Othe
drainage -- for the drainage -- I'm sorry. Terri was 1 g at me
crooked. That alleviates the taxpayers for the mo at we've
already expended for something that was tech ' a the homeowners
associations' responsibility and picks up the m 'o ity of the deficits
that are out there for the outstanding -- fo e outstanding interest
and penalties.
CHAIRMAN LoCASTRO: c 'ssioner Saunders.
COMMISSIONER SAI ND Thank you. I agree
wholeheartedly with Commis Hall in terms of how we'd like to
be treated. I agree with^ t that this seems to be a little bit
greedy, but I'm trying to N at it from their perspective as well. If
they start making exce )ions to how they enforce their rules, then
those exception come the rule.
And so, o k w, I -- obviously, I represent the county and the
county tax aye but at the same time I kind of see where you're
maybe co rom in terms of, you know, you start making
exce any property owner as to how much the fines are and
t f thing, other property owners may very well try to raise
th -- you know, you let one property owner off, you have to let
all of us off. So that's why I was saying I don't think we should
attempt to be treated specially.
Now, the work that was done, if this is work that we would do in
other neighborhoods at no charge, then that's one thing. If it's not, if
Page 101
May 9, 2023
this was something special, then that should be an offset. I agree
with you, Commissioner McDaniel and Commissioner Kowal,
assuming that this is not ordinary stuff that we do anyway. If it's
not, then that's a whole different situation, and we should get the
credit for that.
MS. SCOTT: Commissioner Saunders, for this specific'it
is the maintenance responsibility of the homeowners associaA64p.
Our prior director at Road Maintenance -- and we're -- _ ' e orking
through some other issues that are county responsibil' ',N ithin the
neighborhood, and Mr. Capwill and I have had lot eat
conversations and are continuing to work thr se items. But
in this particular instance, it was the homeown s ssociations'
maintenance responsibility, but it was so V
at our prior director
did send our staff in for a few days doork done.
CHAIRMAN LoCASTRO:
MS. SCOTT: In Decemb
CHAIRMAN LoCAS
MS. SCOTT: We
COMMISSIONER
id we do that work?
id we bill them immediately?
Now he's trying to say
something, so maybe he►agrees.
CHAIRM oCASTRO: Let me just get to Commissioner
Hall, and ther,Qu'1 ave heard from all of us, and then you can
ne's getting stifled here; don't worry.
�r Hall.
SSIONER HALL: So when it comes to dual
re i ility, you know, we wouldn't be -- I don't think we would be
be g reated special, because the HOA has a responsibility or a
burden on them as well about just dropping this on us after all of this
time with penalties and with interest.
So I don't think that anybody that was in the -- if 169 others are
getting a bill every month and they're -- or every year and they're
Page 102
May 9, 2023
understanding that they're under that obligation, nobody's going to be
treated different because it's the exception and not the rule.
I just -- standing on what's right because it's right, I wouldn't
want to be treated that way. That's why it sticks in my craw, you
know. And however we vote, we vote.
CHAIRMAN LoCASTRO: The question I had -- and t '
going to turn it over to you. So the other people who were
delinquent and, like you said, you either took them to couar they
caught up or all or both, the ones that caught up, did they pay interest
willingly, or they just caught up on the actual char )9
MR. CAPWILL: There's never been a f i es�s of debt
because of the legal ramifications. What you o o one you must do
for all, and -- can I carry on with --
CHAIRMAN LoCASTRO: Yes u charged them the
same
MR. CAPWILL: Yes.
CHAIRMAN LoC=-hl�gto
the same percentage of interest?
MR. CAPWILL: Florida Statute, 18 percent
interest, $25 a year late feA
CHAIRMAN LoCASTRO: y
. Okay The floor is ours. I have
nobody lit up here. So hearing all the comments here...
MR. C ILL: Back in January, around January 15th, I had a
very wel pin eeting with Amy Patterson and Trinity. And from
that meetin , ought they were very fair. We put everything on
the t e came to a decision: $20,000 cash plus about four
n ings. It was I who asked for the four noncash things.
E ough some of those were not our responsibility, I wanted it to
be an all -encompassing agreement so I can use that to go back to the
other homeowners who are saying they don't get a break. I didn't get
a break. So that really was presentation -wise.
You want to argue about the 9,000 in kind, I offered to jump in
Page 103
May 9, 2023
there with a chainsaw and clean it. Jerry Kurtz said, no, this is not
your responsibility. You only control the lakes, you control the
weir, but this is the overflow in the river, and you're not allowed to
touch anything in the river. That's county responsibility.
So whether we're being charged against this or not, it's goin
back to the original agreement I had with Amy Patterson and
of 20,000. We know we made some mistakes. You feel uys
made some mistakes. We want to work together with y I would
accept -- because I already have the board president behi me. He's
got the authorization to accept the 20,000 and mov ard.
CHAIRMAN LoCASTRO: Commissi 01
niel.
COMMISSIONER McDANIEL: I'm go o make a motion,
then, that we offer 20,000 as a settlement this dispute.
CHAIRMAN LoCASTRO: Sic 11 in favor?
COMMISSIONER McDANI �, ye.
CHAIRMAN LoCASTRO:
COMMISSIONER KO Aye.
COMMISSIONER RS: Aye.
CHAIRMAN LoCA O: Opposed?
(No response.
COMMIS ER HALL: Aye.
CHAI CASTRO: It passes 4-1.
MR. CA LL: Thank you.
CHAI N LoCASTRO: Okay. Don't forget to bill us.
S SIONER SAUNDERS : More, importantly, don't
fo pay even if you don't get a bill.
S. SCOTT: It's on my calendar, sir.
CHAIRMAN LoCASTRO: What's next?
Item # 11 B
Page 104
May 9, 2023
AFTER -ACTION REPORT FOR THE 2023 FLORIDA
LEGISLATIVE SESSION AND PROVIDE GUIDANCE AS
PRELIMINARY PLANNING BEGINS FOR THE NEXT
LEGISLATIVE CYCLE — PRESENTED
MS. PATTERSON: Item 11B is a recommendation to
the after -action report for the 2023 Florida legislative sess
provide guidance as a preliminary planning -- as pre
planning begins for the next legislative session.
Mr. John Mullins, your director of Communi
Government Affairs and the rest of his title,
MR. MULLINS:
For the record, John
Communications, Government, and Pub
here.
Joined today, as always at th
Lisa Hurley, who covers more
any lobbyist does for any cou
joking in that regard. S
is greatly appreciated. 11�z
and
IF
your director of
Happy to be
bf the legislative session, by
or this county than probably
the State of Florida, and I am not
lot of work for this county, and she
She'll be coming tW to talk to you in just a few minutes to have a
substantive convkation to talk about a little bit of inside baseball
right after I roNh the monotonous slide -slow presentation,
which I w� 1 ge rough just as quickly as Terri will allow me.
CHA N LoCASTRO: I don't think she's a lobbyist. We
like hat, action -- what do we say, action -oriented official or
s 1 , right? Lobbyist has got a bad --
R. MULLINS: Starting off with some quick statistics.
There were about 1,800 bills proposed this year during the 2023
legislative cycle, which was down quite a bit from last year, but there
were a lot more amendments to those bills this time as opposed to last
year.
Page 105
May 9, 2023
The number of bills passed increased by about 70 bills over last
year, and the Governor now has 15 days because the legislature has
adjourned sine die to act on any bill that's before him: Sign, veto, or
allowed to become law without signature.
And at this time there were 443 bills on the county track lis ,
which is down a little bit this year, and this is greatly appreci t
was, overall, a more kind and gentler session as it pertains t unty
government, and that's what the president promised us, think
she's delivered.
Now we'll start off with some fiscal features regular
session. And keep in mind, the Governor sti as ' e-item veto
authority, so some of this could change.
Starting off with the overall budget; ' a s out at about
$117 billion this year. The days of d e ' it billion -dollar
budgets are over. And as Florida es to grow, so does the
need to facilitate it.
Starting off with some h e relief, the Division of
Emergency Managemen ' rogram for Ian and Nicole recovery
received 350 -- $350 milli I'm sorry. And this is a new program
to help mitigate local ggvernment revenue losses and operating
deficits to make ' astructure repairs and conduct beach nourishment
and to compl e deb 's removal. The only catch is, you have to
certify tha o ve insufficient federal, state, and insurance funds in
order to qu for that money. And if for some reason you get
som e funds later, you have to return what you received from
t iar program.
NVeach renourishment also received $106 million, and this is a
program that would provide 50 percent for beach renourishment
projects and 75 percent match on inlet projects.
The last item down there, the Emergency Preparedness and
Response Fund is receiving $1.4 billion, and this is the Governor's
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May 9, 2023
fund that he has in responding to or mitigating emergency situations
during a declared disaster.
The Governor's Job Growth program also received $75 million
this year, and he controls that in its entirety. Visit Florida, which is
usually in jeopardy of being extinct at the end of every legislativ
session, with the Governor's backing, survived yet again and ed
$80 million for this next year.
And the BEAD program, which is the Broadband i Access
and Deployment program, it's a federal program for and
deployment, mapping, and equity, and it's adminis hrough
DEO. They're getting $112 million this year, using and
Community Development projects are getting -, and she's already
giving me the death stare.
Moving into housing, and we%st the Sadowski Trust,
which is funded at a pretty high le ey receive funding from
the documentary stamp tax procee he State Apartment Incentive
Loan received $259 million t r. We're going to talk about that
a little bit more here sho hey're going to get a little bit more of
a supplement to that.
Also, the Florida I)ometown Hero Housing program received
$100 million as well, but they also got another plus -up that we'll
discuss here ly.,r
Moviag t e environment, the Everglades got about half a
billion doll the budget this year, and water -quality
improvm s, including water projects, of which we are a
b may, and we'll get to that when we get to our project requests
he i a little bit.
There are also more funds for trying to combat the blue-green
algae epidemic that we've been having, particularly up to the north,
with more money going towards the task force and innovative
technologies to try to combat the algal blooms.
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May 9, 2023
Moving over to transportation. The work program is about
$13.8 billion this year, and of note to those programs typically
funded, the Local Transportation Initiatives Road Fund projects, we
are also a beneficiary this year, and we will get to those shortly.
And the Transportation Disadvantaged program also receiv
8 million. zS01
But the big -ticket item was the Governor's Moving F1os4
Forward initiative. It was announced in Fort Myers ba in January,
and Commissioner Kowal and I were on hand for tha uncement,
and this program has four projects of benefit to C ounty.
There's the I-75/Pine Ridge Road wideni a di erging
diamond construction; I-75 additional lanes fr o den Gate
Parkway to Corkscrew Road. And on be f of all commuters, that
can't happen soon enough; and two pr ng Route 29,
including the four -lane divided hi oop around downtown
Immokalee.
Now, the Governor was g for $4 billion to leverage in
generating an additional n over four years. And what the
legislature did was they o to provide him $2-and-a-half billion
via a budget amen mere from the Joint Legislative Budget
Commission, a at will be occurring shortly. And then later on
this year, as tY 121ans progress, they can go back before the budget
commissi to the additional $1.5 billion.
The to ckage is always very popular with constituents, and
this e of these things have grown. There is now a two -week
b - hool sales tax holiday that will occur twice in the next
fis ear, in July and again next January, as will the Disaster
Preparedness Holiday in late May and again in August.
Freedom Week is now Freeman Summer, from May to
September. And last year's Tool Time Holiday continues without
change this year. The energy -efficient appliances will also enjoy a
May 9, 2023
tax holiday for one year, including the now very popular gas stoves.
There's some permanent tax relief on things like baby and
toddler items. Also adult diapers and incontinence products, for
people like me, and oral hygiene products will also get a permanent
sales tax break.
Agricultural fencing to keep your cows where they're sup osed
to be, you can get a tax break for that, and transportation an
production equipment for natural gas will also get a perm nt sales
tax break. Firearm devices such as gun safes anker.
§NC ocks will
also qualify.
Now moving onto our project requests f And, once
again, the Governor still has line -item veto aut or ty. So this could
potentially change, though keep in mind qffVfr t ese projects are in
President Passidomo's district, and ,et m would probably not
be a very good look.
Starting with Golden Gate i .8 million has been obtained
to match money already in ha cifically for the design and
construction of 15 outfal nd associated structures to reduce
flooding in the Golden Ga ity area.
Palm River, s ecifical y Area 4 that's shown in the purple area
and abutting the cohatchee River, is going to get $3 million to also
match money 'n a to do septic and sewer conversion for 24
residential ro ies, along with the replacement of outdated water
mains and improvements.
Two e-mile sections of Oil Well Road will see lane and
s er improvements and drainage improvements with the over
$2 ion secured for both items, along with the local match that
pertains to them.
The four -point roundabout will realign Camp Keais Road and
install a roundabout where it interconnects with Immokalee Road and
South First Street to provide a safer and more efficient traffic flow
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May 9, 2023
with the $1 million also received from the legislature.
Fifty athletic courts, under the Parks and Recreation Division,
will get resurfaced through $450,000 being providing to match the
$350,000 already on hand, and this will take everything from design
all the way through final inspection.
And, why not, let's buy a boat. But in this case it's not
pleasure boat. It's a workboat. We're going to get $110,0 is
year for a Weedoo Truxor workboat that will allow for tho
mechanical harvesting of vegetation in some of our terways in lieu
of chemical spraying. And as you may recall last
Representative Melo had legislation that was �n dvance this
process a little bit more, and she was instrume }a in helping us get
this across the finish line.
rW
CHAIRMAN LoCASTRO: Jqh wns that one once we
get it?
MR. MULLINS: You do, i
CHAIRMAN LoCAST o, but I mean what department
does it fall under?
MR. MULLINS: T will be under stormwater; Trinity.
CHAIRMAN LoCASTRO: Okay.
MR. MUL S : All right. And also, this is not new money
this year. T. 's is hey from last year.
The old ate Senior Center expansion, because of Hurricane
Ian and so sues getting architects and contractors online after
Ian, 't able to make the timelines in securing those services
fo ual project. So Lisa was diligent enough to get this added
ba the budget as a revert and reappropriate. And with Senator
Passidomo's help, we now have another year to spend that $250,000
for this process.
And last, but not least in the funding requests, the $500,000, as
promised by the Florida Department of Veterans Affairs, is included
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May 9, 2023
in the back of the bill, and we will have the money now necessary to
do the preliminary design and engineering for the facility.
And, of course, it goes without saying that we want to thank
President Passidomo, and we want to thank our representatives in the
House; Adam Botana, Lauren Melo, and Bob Rommel altogethe
made for a pretty powerful team this year and got a lot acco d
for Collier County, and it is greatly appreciated.
Of course, I would be remiss if I didn't mention at deral
level that we also have $3.6 million currently earmar the
Transportation, Housing, and Urban Development riations bill.
And though this has a ways to go, because m o 't start on this
bill until probably another couple weeks and ' 1 o for about a
month, we're hoping that with the stewar i f Representative
Mario Diaz-Balart and our crew at $e we'll be able to keep
this protected in the appropriation, ough final passage
hopefully in time for the October of the federal fiscal year.
All right. On to general i tion of interest for the 2023
regular session -- and m ese bills are awaiting the Governor,
though he is signing bills pretty quick clip already this year, as if
he has somewhere else he needs to be.
First we'll with "see you next year." These are bills that
had the intere f o e or more members of the Board, and we'll start
with a few tha n't make it across the finish line, starting with
sovereign i nity. There's always strong interest in that bill.
And ere's still a strong bipartisan desire to raise the caps and
to number of claims bills that go before the legislature, this
bi ra out of gas early on in the session, not really because of the
merits of the bill, but because the sponsor was in the doghouse with
House leadership over an unrelated matter. But we're sure it will be
back next year probably for its fourth or fifth appearance in a row.
County commissioner term limits were of some interest.
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May 9, 2023
Initially, the House had a bill that addressed term limits for district
school board members only. That bill passed the House and went to
the Senate. The Senate companion bill had that and also included
eight -year term limits for Board of County Commissioner members.
The Senate opted to -- when both bills ended up in the same rule
committee to take up the House version instead and pass it, s ibv
this only applies to school board members and does not ap this
board.
And, of course, I thought -- I really, reallAst*nute,
t this bill
was going to make it this time. It made it up' 1 the last
morning of session. Vacation rentals didn't -t across the
finish line, particularly after the House, at the made
amendments that changed some of the loc�a responsible -party
information that was in the bill, whicha
irrors what we already
have here in Collier County. An h lthe Senate decided not
to agree with that position and let e ill die, but it will be back
again next year. A N
All right. Ian respo (7j is is some notable legislation that
was a product of the select
�9mmittee on resiliency that was created
Y p
b the resident to addr s Hurricanes Ian and Nicole and I think it
was right before sion started both Jamie French and Chris Mason
testified befo is mmittee on Collier's experience during Ian, and
we greatly )p iate them going to share their expertise in
Tallahasse
first it requires the Department of Emergency
e ent to provide a model debris removal contract for counties
th e a hard time coming up with their own. It allows residents
to place temporary living quarters on their property for up to three
years after an event, and it encourages the creation of specialized
building inspection teams. It calls for expedited permits retroactive
to last September. It provides for building permit extensions
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May 9, 2023
following a declared emergency. And it prohibits raising building
fees for counties like us until October of next year.
The bill also provides that if you're within a 100-mile radius of
Ian or Nicole landfall, you cannot adopt a moratorium on
construction or redevelopment of any property damaged by Ian o
Nicole before October of next year, and you cannot adopt mo
se
restrictive or burdensome amendments to a comp plan or la
development regulations or procedures involving revie aroval, or
issuance of a site plan, development plan, or develo r c9order until
p � p p � p
October of next year. All these are retroactive ba eptember of
last year.
And, lastly, you have 45 days to get your o squared away
after an event takes place and leaves it tra d, and we'll keep that in
mind with our Weedoo boat.
All right. Moving on to hou4ind this was also a key
component of President Passidomcs ackage this year. The Live
Local Act adds $1.5 billion to over the next 10 years to be
directed towards mixed use; bin infill, or developments near
military installation. It also adds an additional $100 million to
hometown heroes nd eppands the eligibility to all of Florida's
hometown wor ce. It encourages business donations toward
housing for 1 .ncome residents by raising the tax credits by over
$10 millio thi 'me. It also creates a corporate tax donation
program to fit SAIL. It provides a $5,000-per-unit sales tax
refu o Wing materials for developments financed through the
F d it provides gap financing through a competitive
ap tion process for current construction projects experiencing an
economic pinch.
The bill provides a property tax exemption for developments
that set aside at least 70 units as affordable housing for the moderate
and low-income brackets, and this is a 100 percent or 75 percent
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May 9, 2023
exemption depending upon the area median income unit being
proposed. And rent at these units has to be at least 10 percent below
market rate.
The bill also provides the county the option off offering a
property tax exemption for owners who provide units at the very- w
or extremely -low-income levels, and it applies a similar
100 percent/75 percent exemption methodology based on umber
of units dedicated toward affordable housing. 0
The bill promotes affordable housing developmA
commercial, industrial, and mixed -use areas wher st 40 percent
of the units are reserved for households earm 1 0 percent
AMI for at least 30 years, and this may not req it a zoning change.
And, okay, I promise I'm bringing t ill in for a landing. The
bill forbids rent control in its entirety. kftVrequire us to publish
online our inventory of county-o 6 perty that may be suitable
for affordable housing developme d it requires us to maintain a
public written policy for expe permits and development orders
for affordable housing.
And, yes, the one-mi adius height provisions that we
discussed earlier in thevession still remain in the bill.
All right. 're nearing the end here, I promise. I'm covering
this bill simp eca se it's supposed to end all future preemptions.
Okay. N on aughing.
COM IONER McDANIEL: Yay.
LLINS: Believe it when you see it.
nder Senate Bill 170, the county can be sued for what
so e may feel is an arbitrary or unreasonable ordinance. Now,
you can avoid the suit if you withdraw the proposed ordinance or
repeal it within 30 days of written notice.
Also, before enacting a proposed ordinance, you must publicly
post a business impact estimate, and you can produce that in-house.
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May 9, 2023
You don't have to hire an outside accountant or financial planner to
help you with that.
Now, before anybody panics, there are a host of exemptions,
including compliance with state and federal law, ordinances that deal
with the issuance or refinancing of debt, budget and budget
amendment adoption, implementing a contract or agreement, �+
including grants, emergency ordinances, procurement ordines,
and nearly everything that GMD currently does. �O
However, should you adopt an ordinance that does" 1�et qualify
under these exemptions and should the challenger he three
criteria listed on this slide, the county would e u pend
enforcement and, in that circumstance, the bill r t s a rocket docket
to get us to the front of the line in court.
All right. The pain's about to in two more quick bills.
Senate Bill 540 now provides that @`, ailing party can recover
attorney's fees and costs in comp and plan amendment
challenges. So it's not just th 'tiff anymore. And House Bill
1383 does a few things, t rimary thing it does is that it extends
the expiration date of spe y contractor licenses at the local level
for one more year.
And, of co , these and many, many more exciting bills will
be in the bills o ntial impact report that will be produced here in
the next cogpl eks and provided to your offices and the
departmen s probably by June 1 st.
course, it goes without saying we want to thank Lisa
H fir lead in Tallahassee, and her team at Smith, Bryan &
We want to thank our federal team at Becker & Poliakoff,
Amanda Wood and Omar Franco and, of course, our internal staff,
Ian, Diane, Josh, and Lee, who helped facilitate the quick flow of
information to our frontline staff and then back to me to our lobbying
team.
Page 115
May 9, 2023
And with that, I'm going to bring up Lisa Hurley to give you a
good conversation and some inside baseball, and then after that we
will attempt to take on any questions you may have.
MS. HURLEY: Thanks, John.
Good afternoon. Lisa Hurley from Smith, Bryan & Myers.
Let me just first start by saying congratulations on your
Centennial celebration. I don't know if you're aware or not 4t
when you came up to Tallahassee this session, John Mu ' brought
a huge bag of Centennial pins that Senator Passidom nded out
throughout the entire session, so I think we've pin if the State of
Florida. So I heard that everything went wel s a .
But thank you, Commissioners, for comin to Tallahassee. I
want to start by saying that, because it re does make a difference
when you come to Tallahassee and yo e ith all the
stakeholders, from the officials at own to our budget chairs
that were responsible for providin a unding for your appropriation
projects requests. They do li o ear from you, so thank you for
taking the time to come 1 ahassee.
I also want to say tha you again to Jamie and to Chris for
coming up, because they provided some very valuable testimony in
the -- both hurri e select committees in the House and the Senate,
and some of e s gestions absolutely made it into the bill. So
thank you o
So yo ow, this session was -- it was a really odd one. I'll
tell y of -- we got off to a very slow start in my opinion. You
ou know, everyone came in -- in the Legislature, everyone
wa u for reelection. So we had a new president. We have a new
speaker. So there were committee assignments to put out.
I think both -- both presiding officers gave their electives more
autonomy on what bills to file in session. So at least over in the
House, when there's a limit on how many bills a representative can
Page 116
May 9, 2023
sponsor, that led to a little bit more analysis on deciding, you know,
what bills were going to be put out there. So we kind of got off on a
slow start there. The first part of session was definitely devoted for
passing a lot of the Governor's priority items.
To John's comment earlier, as of today, I think he signed
upwards of 25, 26 bills already for this session. They were -- 1
a -- when a bill is actually sent over to the Governor, that's
coordinated response between the presiding officers an t�e
Governor's office. But having said that, although th re fewer
bills filed this session, there were more bills passe session than
the prior -- the previous few years.
So he still has about 330 bills that need to e sent to him. And,
of course, one of those is the budget. So budget landed at just
under $117 billion. A little more t4a st $3 billion more than
what the Governor's recommende J get recommendations were.
And, you know, the Governo ' commendations don't have to
be a balanced budget unlike, ow, the Legislature's. So the
Governor has not been s , rically, on vetoes. Last year he
vetoed over 3 billion, wit a b, from the budget, so I expect that there
will be a sizable veto list this year.
So on that , although sitting here today we're nine of nine on
our appropri ' o s p . ect requests, we are working right now
diligently pr ct those from the veto. Your staff s working really
hard. The ernor's office on some projects is proactively reaching
out t to local governments directly asking for backup
i n on some of the projects. We did have that request on
Fr , and your staff turned it around and got everything that the
Governor's office requested yesterday afternoon. So thank you for
that.
But my job is -- going back up to Tallahassee this week is
continue meeting with the Governor's office, his staff, to make sure
Page 117
May 9, 2023
they have everything that they need to make the final decisions on
our projects.
So I have to say that this was probably the most collaborative,
coordinated session that I have ever witnessed. Again, it started off
kind of slow, but when we started session after we got past our
committee weeks, the bills started moving very fast. I think
President Passidomo got most every single one of her pr12 ems
passed in on the other side of the chamber, so did Speaks nner,
You know, you're always waiting in session where, you know, that
big issue is going to pop and things, you know, run ails, and that
didn't happen this year. In fact, we sine died t Ada3fat
11:00 a.m., yes. Unheard of. The prior two t ree years, we
actually had to go into overtime into the kend, right, to get the
budget done. 0 :
So very smooth landing. And D now, budget's obviously
good for the county, you know, noa - preemptions were passed, of
course, not as many as we've previous years, and, you know,
hopefully with the passa nator Passidomo's bill on local
ordinances, we'll see even er in the future.
So we can celebrate our victories right now, but I would like to
remind you that start session early next year. We actually start in
January, so c it e weeks will begin in September. Calendar's
not out ye It e expectation, though, that that's when we'll start
back up. e don't have a lot of downtime to get geared up and to
start g��it, ur priorities for next session in order.
`will pause there and take any questions.
AIRMAN LoCASTRO: I've got Commissioner McDaniel,
and hen Commissioner Saunders on deck.
COMMISSIONER McDANIEL: Well, I lit up. That was
from before.
CHAIRMAN LoCASTRO: Okay.
Page 118
May 9, 2023
COMMISSIONER McDANIEL: But I do have a question, if I
may.
CHAIRMAN LoCASTRO: Sure.
COMMISSIONER McDANIEL: And it -- you may be able to
answer it. When John was flipping through the Moving Florida
Forward initiative, there was only 24 million appropriated for
Ridge and 75, and my brain had a memory of 90 million for tla.4t
diverging diamond. 0
MS. HURLEY: So that may have been for just next fiscal
A;
year. Ooh, John's still behind me.
MR. MULLINS: Actually, that inform . n directly from
the Governor's website for the program, so tha ' hat he was
planning all along. Now, whether or not t 0 million was a
longer -range projection, to Lisa's pojn a uld be the case. But
for right now, that's what it is billi, .
COMMISSIONER McDANI You know what, we'll be able
to verify it on Friday. On ou meeting this Friday, I'll be able
to verify that. Okay. T U.
And from me to you, nk you. You have been an enormous
boost to our community for what your efforts have provided for our
county in Tallahassee. And from me to you, thank you.
MS. HURLE)I�' Thank you.
CHA V LoCASTRO: Commissioner Saunders.
COM IONER SAUNDERS : Thank you.
I also want to thank you for all of your efforts. I've spent a lot
of time in Tallahassee, and I've worked with a lot of lobbyists when I
was in the legislature and when I got out of the legislature, and you
guys do a wonderful job. It's noted, and it's appreciated.
Mr. Mullins, you do a fabulous job as well in coordinating all
this, and that hasn't gone unnoticed, and it's appreciated. I know you
have staff that work with you, and everyone does a really great job.
Page 119
May 9, 2023
I do have a couple things. There's going to be an OPPAGA
report coming out in the next couple of weeks, I believe, or maybe
sometime in June, dealing with the issue of noise pollution in Florida.
Are you familiar with that?
MS. HURLEY: I am.
COMMISSIONER SAUNDERS: I'd like to --
MS. HURLEY: I'm familiar with the local issues.
COMMISSIONER SAUNDERS: Okay. 0
MS. HURLEY: Yes.
COMMISSIONER SAUNDERS: I'd like to sure that we
get all of that information when it comes out.
MS. HURLEY: Okay.
COMMISSIONER SAUNDERS: I n't now if we have any
opportunity at this point to be involve anal report. I assume
probably not at this point. But there l been several phone
calls/conference calls in referencat. And so I'm very interested
in that. And we may have -- e s of our next legislative agenda
going into 2024, we may, me Quiet Florida type of issues.
I think that was reall e only thing I wanted to bring up in
terms of the potential for a uture agenda for you, so thank you again
for all of this --
MS. HU Yep.
COM I NER SAUNDERS: -- material.
MS. EY: And I'll certainly keep my eyes out for the
repo happy to touch base with them even when I get back
u hassee to kind of see where they are in the process and to
m ure, you know, any of our positions or information that we can
share with them, that we've done so.
COMMISSIONER SAUNDERS: That would be great. I
appreciate that.
MS. HURLEY: Sure.
Page 120
May 9, 2023
COMMISSIONER SAUNDERS: Thank you.
CHAIRMAN LoCASTRO: Any other questions?
(No response.)
CHAIRMAN LoCASTRO: Okay. I think we're good to o.
Thank you.
MS. HURLEY: Thank you. �+
CHAIRMAN LoCASTRO: All right. I think we're� g the
end here, right?
MS. PATTERSON: Yes, sir.
Item # 15 C
STAFF AND COMMISSION GENERAI
COIVIMUNICATIONS
MS. PATTERSON: Comm' is ,that brings us back to
Item 15, and we had left off at the o missioner communications.
CHAIRMAN LoCAST kay. So just --
MS. PATTERSON: we want to check one last time
for --
MR. MILLER: V.k have none.
MS. PATTEZSON: No public comment.
CHAIR 17oCASTRO: I'm actually just going to start off
just by, on beh of all of us here, thanking everybody for this
mornin ow, it's great to have a packed house in here and
form als, former county managers, a lot of business and tourist
p o great event. I can't wait to see all the photos posted, you
kn y the county, and all of us as well.
To Mr. Mullins, thank you, yesterday, for Everglades City.
You know, we were out there. It was a great event. I know you had
a whole team of people as well that pulled it off. That was great to
be out there in such a historic spot with Barron Collier, III. I want
Page 121
May 9, 2023
that guy to adopt me, right?
COMMISSIONER McDANIEL: No, he wasn't --
CHAIRMAN LoCASTRO: Yeah, he was the third. Yeah, we
didn't get -- there was a fifth? What, is he seven or something or
what? How old is that kid?
COMMISSIONER McDANIEL: He's not a kid.+
CHAIRMAN LoCASTRO: It was kind of funny thataid, "I
never met my grandpa. I'm not really responsible for a 0 this,
and I'm a horrible public speaker," right? But he act really
spoke off-the-cuff, and it was great. But thanks s
And same to our county manager. You o know
Ms. Patterson, her team was very involved in a n yesterday and
especially today, you know, happen. So, u now, thanks very
much for that.
Having said that, let me go taeagues. I'll start with
Commissioner Kowal. v
COMMISSIONER KO Thank you, Chairman.
Yeah, I'd just like to ec that. I really appreciated everything
the staff did and what you-V did yesterday down in Everglades City.
I was quite impres ed, ond -- to partake in something like that and to
be part of this 1 ears of Collier County.
And I'll ' s ki of preference -- kind of roll off into what
statements--- I w we had the curator from our county museums
here, and shs walking around the room and talking about our rich
histo And one thing that kind of touched on me, she had made the
co -- and we're talking, like, in the early 1940s that, you know,
we ldn't realize that Naples wouldn't have had the attention it had
if it wasn't for the actual airport. She touched on it.
And I started thinking about it, and, you know, the men and
women that were stationed here from the Army Air Corps back in the
1940s were from all over the country. You know, they were the eyes
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May 9, 2023
and ears who sent back this beautiful paradise back to the other states
that they came from.
And, you know, by being stationed here in that early time, it
kind of brought the attention to -- and probably made Naples what it
is today, you know, because it got spread around. You know, y 've
got young 19-, 20-year-olds, never been away from home, an ,i
know, they're plopped down here next to white -sand beach nd,
you know, making $10 a month from the Army Air Co 1940.
But -- so I think the airport -- we have to look at too, as a
very, very important part of our history that made story here. I
don't know if it is or what, but I know the ai n f lls under
the -- it was annexed by the city at some point. n I know there's
some things going on with the city and th? -4irport to the point that the
city's actually hired an attorney at $1,0 ur to try to shut the
airport down, basically, is where ing.
So I think it is a part of our hi two y, and I think we probably
have a duty in some way to
t
m re that's preserved. And, you
know, that being said, I ' ed to make sure -- I wanted to make
a statement on that and br
bthat awareness to our board and
N "N
everybody else who might e listening out there.
And anoth ing, you guys might already know the answer to
this, and may e jugt overlooked it, but I know we passed the
affordable ou agenda a few months back, and it was sent up to
Tallahasse there some sort of report, or is there
some�hi - information that comes back to us when that's filed and
atj^z'*d or -- I mean, I'm not sure exactly the process on that.
e
S. PATTERSON: I'll get Mr. French up hereto answer that,
for t four affordable housing initiatives that were transmitted to the
state, those last four.
MR. FRENCH: Yes, ma'am.
Thank you, Commissioner. Again, for the record, Jamie
Page 123
May 9, 2023
French.
So, Commissioners, those were in transmittal. Those will be
coming back to you for adoption.
The legislation recently passed would not impact those because
this is -- this is certainly not more restrictive. This provides N
additional allowances for developers to move forward. �+
With regards to the surtax bill, that needs to go to your4#�tax
committee, which is this upcoming meeting, and then o t at has
been passed, then we would then start to solicit and b 'terns
forward for Board consideration.
COMMISSIONER KOWAL: Thank y
CHAIRMAN LoCASTRO: Commissio r aunders.
COMMISSIONER SAUNDERS: nk you. I've got a
couple items.
I think we may have all recei d�, tter from Mayor Teresa
Heitmann concerning the Collier ty Citizens Corps. I had no
idea what that was. I read al o it. I still don't really know what
it does.
COMMISSIONER WAL: I think she's referring to the
Army Corps. *#*
CHAIRMA4LoCASTRO: Yeah. That's what we were
talking abou$10NER
y. She wants to be one of the 15, or whatever the
number is, e
COM SAUNDERS: Yeah. Then I
misu ood, because she did refer to the Collier County Citizens
C
S. PATTERSON: She did, which is also a thing.
COMMISSIONER SAUNDERS: Which is a thing. And so --
COMMISSIONER McDANIEL: And not our thing.
COMMISSIONER SAUNDERS: No. This is --
COMMISSIONER McDANIEL: That's why we have a thing.
Page 124
May 9, 2023
COMMISSIONER SAUNDERS: So maybe we need to --
MS. PATTERSON: We'll get clarification from the mayor on
what specifically she's requesting. If it's the Corps -- the Army
Corps of Engineer's Coastal Resilience Study and that group, the
committee, or if it's the actual CCC.
COMMISSIONER SAUNDERS: We're going to makere
appointments in a couple weeks.
MS. PATTERSON: Yes, correct. O
COMMISSIONER SAUNDERS: But on the C County
Citizens Corps, maybe it's something we should r it's not
something that's active just -- I'll throw that o
MS. PATTERSON: Understood.
COMMISSIONER SAUNDERS: I very interesting, but I'm
not sure if it's ever met or --
COMMISSIONER McDANI hasn't.
COMMISSIONER SAUND It hasn't convened in,
certainly, the last 10, 12 years
Then another item, as'tdld that there's some problems at the
Santa Barbara Canal in terms of cleaning it up, so I would just pass
that on, that -- I was told that basically the entire length of the Santa
Barbara Canal. near where the bridge repair is -- replacement is
going in, and v b n told that it's in real need of attention.
MS. SON: Okay. And no problem. We'll talk to
Stormwate ut that.
S SIONER SAUNDERS: Okay. And then we had a
P t ty Committee meeting a few weeks ago, and one of the
iss as the implementation of their recommendations concerning
our park and recreation operations, signage and things of that nature.
And I'd like to get -- I think it would be important for the Board to
get a little bit of a report back at some point as to what those
recommendations were and which ones have been able to be
Page 125
May 9, 2023
implemented and that sort of thing. Signage was a big issue.
Friends of the Collier County Parks was a big issue.
And then, finally, at our second meeting in June I'm going to be
placing on the agenda an issue dealing with Quiet Florida -- that's one
of the reasons why I brought up the OPPAGA issue just a few
minutes ago -- dealing with state legislation. That OPPAGA
will probably be out by then. And so I'm going to place o�
agenda an item to discuss that. O
The group -- the Quiet Florida group will be as to
consider being a sponsor of or placing our logo on r putting this
information on our web page dealing with wh qhh is as it relates
to people altering their mufflers and doing thin at are, quite
frankly, illegal. And so that will be part the discussion. And you
may -- staff may need to kind of pro�vi ittle bit of a
background as to what we can put web page. I know we
shouldn't put anything on there un s it's approved by the
Commission, but what that pr ould be for consideration when
that comes up in a few -- . a month.
And that is it. Than U.
CHAIRMAN LoC,OKS RO: Just to piggyback. I
actually -- whe aw that letter from the mayor of Naples, I thought
she was refe to e Army Corps, so that's why I was a little
ambiguou wit y comments here. I didn't want to call her out, but
we're talki out it. But that's where I sit here -- and this is just
MY o onal comment. I think if we're trying to have a group of
pin t are sort of, you know, equal in peers, you know, if we
no to a few citizens, then all of a sudden, the mayor of Naples
has got one of those seven spots, you know, it's just something to
think about.
But I guess we'll see the applicants that come in. But you might
be right. She might be talking about somebody that's quite a bit
Page 126
May 9, 2023
dated. But I think she means the army group. But it was like -- and
my -- you know, off the top of my head, I would say to the mayor,
nominate somebody maybe from your staff. I don't know that it
needs to be the mayor, but that's just me. And I know we're not
voting right now, so...
MS. PATTERSON: Yep. �v
CHAIRMAN LoCASTRO: Commissioner McDaniel
COMMISSIONER McDANIEL: I just want to ec ay
gratitude and thanks again for the Centennial celebra
Everglades City yesterday. It went flawless, in onal opinion,
and thank you again to our lobbyist. Thank 31
ank you, I just
can't say thank you enough. The things -- aga things that you
have done for our community are off the rt.
CHAIRMAN LoCASTRO: Coo s er Hall.
COMMISSIONER HALL:, oing the Centennial. One
thing I thought was really cool in a ng the history, when Barron G.
Collier gave the land for our c , his whole name is Barron Gift
Collier. And I just thou was neat. That, you know, you
name a man, and he fulfil is destiny. So I just appreciate him
from that. So if y u hear me, Barron, just know that we give you the
love for that.
There is ien of the mayor's that will -- that -- we talked to
her at lunc . will be applying for the Army Corps of Engineers
thing. So t know that that's what the mayor was -- so her good
frien applying, so she said, I'll get right on that, and that's all.
IRMAN LoCASTRO: Okay. Tell me if you think you
we inking this, but during all of this historical conversations
about the Centennial, every time they talked about Barron Collier
way back when, like, bought up a bunch of land, tell me if in your
mind you weren't thinking, dang, if -- I wish I would have been back
there, right? I would have bought up every single bit I could have,
Page 127
May 9, 2023
right? I mean, you think he was buying it for pennies on the dollar,
and nobody could have imagined, except maybe him, the Mackle
brothers and all that, what could have been.
But every time I hear those stories, I just think, gosh, how much
was that acreage? It could have been, you know, a dollar an acr
and people probably thought, that's crazy. Who's going to li ,
right?
COMMISSIONER SAUNDERS: I think it was i tQennies
per acre, in that range.
CHAIRMAN LoCASTRO: Was it? Peopl s tell me on
Marco that lots used to -- when they were, lik 0 aterfront,
people thought, that is nuts. That's crazy talk. nyway.
I did neglect to say one thing. I spe aturday from 9:00 a.m.
to 5:00 p.m. in Tampa attending basjc to -run MPO meeting
where they talked about transport 'dhVa;--ore of a state level. So
I'm going to go through my note . send out a one-way
communication. There were really good slides in there that I
asked for that might be sort of taking a look at that talk
about how things happen t e state level when it comes to
transportation -type things.
There was d it was attended by county commissioners, there
were mayors e, ere were city council members. It was a good
group. It as he Marriott at the airport in one of their conference
rooms.
Au abbed everything I could slide -wise, and I thought I took
g o s. So I'll put something together over the next few days
an d it out. And then at our next MPO meeting maybe I'll give,
like, a little presentation.
But it was really great, and it was great to connect with, you
know, other peers who have a lot of similar challenges across, you
know, their different areas.
Page 128
May 9, 2023
But having said that, any follow-ups? We forget anything?
Troy, have you got somebody on the line that wants to speak?
MR. MILLER: Actually, no one on Zoom at all today, sir.
CHAIRMAN LoCASTRO: Okay. We're adjourned. Thank
you.
*******
****Commissioner Saunders moved, seconded by Comwooner
LoCastro, and carried that the following items under the consent and
summary agendas be approved and/or adopted***
Item # 16A 1
FINAL ACCEPTANCE OF THE PQ ATER AND
SEWER UTILITY FACILITIES AM CEPT THE
CONVEYANCE OF A PORTI
AND SEWER UTILITY FA�
UTILITY EASEMENT
PL20220005737
THE POTABLE WATER
S AND APPURTENANT
R-ALL AT TREE FARM,
Item #16A2
FINAL A CNCE OF THE POTABLE WATER UTILITY
FACILITI D ACCEPT THE CONVEYANCE OF A
PORXQU OF THE POTABLE WATER UTILITY FACILITIES
URTENANT UTILITY EASEMENT FOR THE
UGH AT NAPLES — FIRE LINE, PL20220000571
Item # 16A3
RECORDING THE FINAL PLAT OF ESPLANADE BY THE
Page 129
May 9, 2023
ISLANDS - PHASE 3 (APPLICATION NUMBER PL20220005192)
APPROVAL OF THE STANDARD FORM CONSTRUCTION
AND MAINTENANCE AGREEMENT AND APPROVAL OF THE
PERFORMANCE SECURITY IN THE AMOUNT OF
5,341,619.06
Item # 16A4
RECORDING THE MINOR FINAL PLAT DO
FIDDLER'S CREEK - REPLAT, APPLICATIO
PL20210003318
Item # 16A5
AMENDMENT NO. 1 TO THE
!,a
oA4
ER
IF
i0
AOCA L AGREEMENT
WITH THE SCHOOL DISTRICIU COLLIER COUNTY,
RELATED TO AGREEMEN . 20-7708, DESIGN -BUILD
VETERANS MEMORI EVARD EXTENSION, PHASE I
COUNTY PROJECT N ER 60198 FOR $17 752.35
I
Item # 16A6
AWARD V1VATION TO BID ("ITB") NO. 22-8045 "FIBER
OPTICS I LLATION, REPAIR, AND MAINTENANCE", TO
INTFAAGPNT INFRASTRUCTURE SOLUTIONS, LLC, AS THE
PY VENDOR, AND AZTEK COMMUNICATIONS OF
S FLORIDA, INC., AS THE SECONDARY VENDOR, AND
AU HORIZE THE CHAIRMAN TO SIGN THE ATTACHED
AGREEMENTS
Item # 16A7
Page 130
May 9, 2023
THE CLERK OF COURTS TO RELEASE A LETTER OF CREDIT
IN THE AMOUNT OF $24,580 WHICH WAS POSTED AS A
GUARANTEE FOR WORK ASSOCIATED WITH THE
CONSTRUCTION OF A SMALL SECTION OF THE DRIVE Y
TO THE ADJACENT PROPERTY LOCATED TO THE EA
MARQUESA PLAZA AT BALDRIGE PUD, PL20120001 ,
AND PL20180002247 00
�y
Item #16A8
THE CLERK OF COURTS TO RELEASE A RMANCE
BOND IN THE AMOUNT OF $539,200AHI H WAS POSTED
Iq
AS A GUARANTEE FOR EXCAV�A ERMIT NUMBER
PL20200000810 FOR WORK ASED WITH
TAMARINDO
Item # 16A9 �y
THE CLERK OF COURT TO RELEASE A PERFORMANCE
BOND IN THE AMOUNT OF $29,600 WHICH WAS POSTED AS
A DEVELOP24ENTrGUARANTEE FOR AN EARLY WORK
AUTHOR;(A'li;QN (EWA) FOR WORK ASSOCIATED WITH
WINCHESY•�,R PPL, PL20220001541
WAIVE LIQUIDATED DAMAGES IN THE AMOUNT OF
$508,690.00 AGAINST PAVEMENT MAINTENANCE, LLC, FOR
CONTRACT NO. 21-7887, RANDALL BOULEVARD AT
EVERGLADES BOULEVARD INTERSECTION
Page 131
May 9, 2023
IMPROVEMENTS, ARISING FROM THE DELAYED
ACQUISITION OF TRAFFIC SIGNAL EQUIPMENT, AND
APPROVE/RATIFY THE AFTER -THE -FACT PAYMENT OF
THE FINAL PAYMENT APPLICATION IN THE AMOUNT OF
$258,592.43, SUBJECT TO THE CONTRACTOR PROVIDIN(N
ALL REQUIRED BACKUP DOCUMENTATION PREREQVIIN
TO PROCESSING PAYMENT PROJECT NUMBER 6024
Item #16A11 �v
A WORK ORDER WITH APTIM ENVIRO � &
INFRASTRUCTURE, INC. TO PROVIDE PISIONAL
ENGINEERING SERVICES FOR 2024-2025 LOCAL
GOVERNMENT FUNDING REQuEDSVER CONTRACT NO.
18-7432-CZ FOR TIME AND MAZLSAL NOT TO EXCEED
$26,052.00, AUTHORIZE THE
WORK ORDER, AND MAK
PROMOTES TOURISN� ]
Item # 16A 12
BUDGET Al
STORMW
GATE ANT7,
IMPROV
$4!000.000
I
TO EXECUTE THE
ING THAT THIS ITEM
195, PROJECT NO. 90065'
TS TO REALLOCATE FUNDS FROM
BOND FUND 327 RESERVES TO GOLDEN
RDON RIVER STORMWATER
PROJECTS IN THE TOTAL AMOUNT OF
Item # 16A 13 - Moved to Item # 11 D (Per Agenda Change Sheet)
Item # 16A 14
Page 132
May 9, 2023
RESOLUTION 2023-82: A RESOLUTION AUTHORIZING THE
ACQUISITION BY GIFT OR PURCHASE OF DRAINAGE
EASEMENTS NECESSARY FOR THE CONSTRUCTION OF
STORMWATER MANAGEMENT IMPROVEMENTS REQUIRED
FOR THE WEST GOODLETTE-FRANK ROAD AREA
STORMWATER IMPROVEMENT PROJECT (PHASE 2),
PROJECT NO. 60142; AND AUTHORIZE THE NECESS
BUDGET AMENDMENT. (ESTIMATED FISCAL I T:
$9305000. THE SOURCE OF FUNDING IS THE ST WATER
FUND 325.)or
Item # 16A 15
RESOLUTION 2023-83: EXECUT AL AGENCY
PROGRAM (LAP) CONSTRUC-NOW GREEMENT WITH THE
FLORIDA DEPARTMENT OF T� SPORTATION (FDOT)
REIMBURSING THE CO P TO $ I,407,595 ($607,595 —
FDOT SAFE ROUTES T OL) AND ($800,000 - COLLIER
COUNTY MPO URBANI ED AREA (SU FUNDS)) FOR THE
CONSTRUCTION OF A 6-FOOT SIDEWALK AT EDEN PARK
ON THE SOUTR
IDE OF CARSON ROAD FROM WESTCLOX
DRIVE TO CARS N LAKES CIRCLE; EXECUTE A
RESOLUTION MEMORIALIZING THE BOARD'S ACTION.
AND AU IZE THE NECESSARY BUDGET AMENDMENT
(PROCtT 3622), FPN 441480-1-58-01
Ite 6A 16
RESOLUTION 2023-84 AND RESOLUTION 2023-85: A
FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT)
BEAUTIFICATION GRANT FOR $1001000 FOR MEDIAN
Page 133
May 9, 2023
IRRIGATION AND LANDSCAPING IMPROVEMENTS ON
DAVIS BOULEVARD (STATE ROAD 84) FROM SANTA
BARBARA BOULEVARD TO FIRANO DRIVE; APPROVE A
JOINT PARTICIPATION AGREEMENT BETWEEN THE FDOT
AND COLLIER COUNTY IN THE AMOUNT OF $8651000 F�
MEDIAN IRRIGATION AND LANDSCAPING IMPROVE S
ON DAMS BOULEVARD (STATE ROAD 84) FROM SA
BARBARA BOULEVARD TO COLLIER BOULEVARD)
AUTHORIZE THE CHAIRMAN TO EXECUTE
AGREEMENTS; AUTHORIZE THE CHAIRMA24
THE RESOLUTIONS MEMORIALIZING T�
ACTION; AND AUTHORIZE THE NECESS
AMENDMENTS (COMPANION TO ITtV 1�A17
EXECUTE
MIS
UDGET
Item #16A17 N4*�
RESOLUTION 2023-86: A SCAPE MAINTENANCE AND
INSTALLATION AGREE Id BETWEEN THE STATE OF
FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) AND
COLLIER COUNTY FDR MEDIAN IRRIGATION AND
LANDSCAPIN PROVEMENTS ON DAMS BOULEVARD
(STATE ROt�84 FROM SANTA BARBARA BOULEVARD TO
COLLIEONLEVARD, AUTHORIZE THE CHAIRMAN TO
SIGN A RS;,UTION MEMORIALIZING THE BOARD'S
ACT D ALLOW PROJECT ACTIVITY (COMPANION TO
I 16)
Item # 16A 18 - Moved to Item # 11 C (Per Agenda Change Sheet)
Item # 16A 19
Page 134
May 9, 2023
AN AGREEMENT FOR THE PURCHASE OF PERMANENT
AND TEMPORARY EASEMENTS (COMPOSITE PARCELS
177DE AND 177DAE, PARCEL 177TCEI, PARCEL 177TCE2,
AND PARCEL 177ROE) REQUIRED FOR THE
CONSTRUCTION OF STORMWATER MANAGEMENT
IMPROVEMENTS FOR THE BIG CYPRESS GOLF AND
COUNTRY CLUB ESTATES/COUNTRY CLUB OF NAMIS
AREAS PROJECT, THE UPPER GORDON RIVER
IMPROVEMENTS PROJECT, AND THE SOLANA
STORMWATER IMPROVEMENTS PROJECT,_'
AUTHORIZE THE BOARD TO DELEGA
THE COUNTY MANAGER TO APPROVE
WORK ORDER IN AN AMOUNT NOTAC
EXPEDITE CONSTRUCTION ACT
RATIFIED BY THE BOARD
MEETING. ESTIMATED FIS
Item # 16B 1
,XCEED $850,000 TO
UBJECT TO BEING
XT REGULAR
$8781500
I
CHANGE ORD NO. 1 TO AGREEMENT NO. 21-7845,
BAYSHORE I REDEVELOPMENT PROJECT, WITH
STANTE C ULTING SERVICES, INC., TO ADD AN
ADDITIO 90 DAYS TO THE AGREEMENT (P.O NO.
450021
kk
Item # 16C 1
THE BOARD OF COUNTY COMMISSIONERS, AS EX-OFFICIO
THE GOVERNING BOARD OF THE COLLIER COUNTY
WATER -SEWER DISTRICT, APPROVE A WORK ORDER
Page 135
May 9, 2023
UNDER A REQUEST FOR QUOTATION ("RFQ") FOR
AGREEMENT NO. 20-7800 FOR "MODIFICATIONS TO NRO
WELL #11" TO DOUGLAS N. HIGGINS, INC., IN THE
AMOUNT OF $588,380, APPROVE STAFF OPENING A
PURCHASE ORDER TO COMMENCE SERVICES, AND
AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACH
WORK ORDER. (PROJECT NO. 70085) _
v
Item #16C2
RATIFY AND APPROVE CHANGE ORDE ROVIDING
FOR A 150-DAY TIME EXTENSION AND .37 DRAW ON
OWNER'S ALLOWANCE UNDER RE ES FOR QUOTATION
NO. 19-7622-302.25 WITH US Wq. VICES
CORPORATION UNDER AGRE 19-7622, FOR THE
PUMP STATION 302.25 REHA ATION PROJECT, AND
AUTHORIZE THE CHAI O SIGN THE ATTACHED
CHANGE ORDER PR 0.70145)
Item # 16C3
CHANGE O R NO. 3, ALLOCATING A PORTION OF THE
OWNER' A WANCE TO COVER THE COSTS FOR WORK
DIRECTI OS. 1 AND 2 IN THE AMOUNT OF $9,226.49
UND R EEMENT NO. 20-7800, FOR THE "ORANGE TREE
W TE*VATER TREATMENT PLANT DRIVEWAY
R ATION PROJECT," WITH QUALITY ENTERPRISES,
USA, INC., RATIFY THE WORK COMPLETED UNDER WORK
DIRECTIVES NO. 1 AND 21 AND AUTHORIZE THE_
CHAIRMAN TO SIGN THE ATTACHED CHANGE ORDER
Page 136
May 9, 2023
Item #16C4
THE SELECTION COMMITTEE'S RANKING AND AUTHORIZE
STAFF TO BEGIN CONTRACT NEGOTIATIONS WITH
HARVARD JOLLY, INC., RELATED TO REQUEST FOR
PROFESSIONAL SERVICES NO. 22-8033 FOR "DESIGN
SERVICES FOR HARDENING AND EXPANSION OF T�l
COLLIER SENIOR CENTER BUILDING," SO STAF ON -
BRING A PROPOSED AGREEMENT BACK FOR BOARD'S
CONSIDERATION AT A FUTURE MEETING
Item #16C5
A BUDGET AMENDMENT FOR
THE AMOUNT OF $2791500 TO,
DIVISION FUNDS TO COVER I
WITH THE INCREASED P
FUND CONTINUED O
BUDGET THROUGH
ECT 50219
?R DIVISION IN
UTE EXISTING
OSTS ASSOCIATED
SE OF BULK WATER
NS IN THE WATER DIVISION
OF FISCAL YEAR 2023
I
Item # 16D 1 - (Continued from the April 25, 2023, BCC Meeting)
A BUDGNDMENT IN THE AMOUNT OF $100,000 TO
TRANSFE DING WITHIN THE COUNTY -WIDE CAPITAL
CONTINUE FUNDING EBOOK COLLECTIONS
TO MELT PATRON DEMAND FOR DIGITAL RESOURCES
AND MATERIALS FOR COLLIER COUNTY PUBLIC
LIBRARIES
Item # 16D2
Page 137
May 9, 2023
RESOLUTION 2023-87: A RESOLUTION SUPERSEDING
RESOLUTION NOS. 2021-263, 2018-135, 2018-44, 2016-2451
AND 2008-26, AND ALL OTHER RESOLUTIONS
ESTABLISHING LICENSE AND FEE POLICIES, TO APPROVE
THE SALE AND PROPOSED RATE SCHEDULE FOR FUEL T
COUNTY -OWNED MARINAS AND AUTHORIZE THE
NECESSARY BUDGET AMENDMENTS
Item # 16D3
THE STATE HOUSING INITIATIVE PAR
HURRICANE HOUSING RECOVERY PRO
THE AMOUNT OF $957,820 TO
COUNTY HOUSEHOLDS WHO
SUSTAINED DAMAGE AS A R
AUTHORIZE THE NECESS
AUTHORIZE TWO (2)
FUNDED POSITIONS
ADMINISTRATION
I
Item # 16D4
IBLE COLLIER
Y RESIDENCE
"OF HURRICANE IAN,
DkJbGET AMENDMENT, AND
iE EQUIVALENT GRANT-
RT PROGRAM
THE CH RIVNN TO EXECUTE A LANDLORD PAYMENT
AGREEM ALLOWING THE COMMUNITY AND HUMAN
SCHS) DIVISION TO ADMINISTER THE RAPID RE-
ERH AND HOMELESSNESS PREVENTION PROGRAM
GH THE EMERGENCY SOLUTIONS AND RAPID
UNSHELTERED SURVIVOR HOUSING GRANTS
PROGRAM
Item # 16D5
Page 138
May 9, 2023
AN "AFTER -THE -FACT" AMENDMENT WITH THE
AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA,
INC., REGARDING AMERICAN RESCUE PLAN ACT FUNDING
UNDER THE HOME -BASED COMMUNITY SERVICES -
ENHANCED HOME CARE FOR THE ELDERLY GRANT �+
PROGRAM FOR THE COLLIER COUNTY SERVICES F4
SENIORS PROGRAM TO AMEND THE TERM OF T
CONTRACT, UPDATE TABLE 2 DELIVERY SC LE AND 3
PAYMENT SCHEDULE AND ASSIGN THE C MBER.
HUMAN SERVICE GRANT FUND 707
Item # 16E 1 5 IF
AN ACCESS AND CONFIDEN AGREEMENT
BETWEEN COLLIER COUNTY NCH HEALTHCARE
SYSTEM, INC., TO ALLOW TO OBTAIN ACCESS TO
PATIENT OUTCOMES APLES COMMUNITY
HOSPITAL UTILIZING E EPICCARE LINK SOFTWARE
SYSTEM i
Item # 16E2
THE AD�ffiTRATIVE REPORT PREPARED BY THE
PROC ENT SERVICES DIVISION FOR DISPOSAL OF
PIMPERTY THAT IS NO LONGER VIABLE, WAS TRADED IN,
O MAGED BEYOND REPAIR DURING HURRICANE IAN,
AN THE REMOVAL OF THE PROPERTY FROM THE
COUNTY' S CAPITAL ASSET RECORDS
Item # 16E3
Page 139
May 9, 2023
EXPENDITURES UNDER A SOLE -SOURCE WAIVER FOR A
PERIOD OF FIVE YEARS, IN AN AMOUNT NOT TO EXCEED
$1001000 PER FISCAL YEAR, TO OBTAIN ORIGINAL
EQUIPMENT MANUFACTURER ("OEM") PARTS AND
SERVICES FROM MENZI USA SALES, INC., NECESSARY T�
MAINTAIN COUNTY -OWNED MENZI MUCK WALKING
EXCAVATORS
y
Item # 16F 1
THE CHAIRMAN TO SIGN A MUTUAL R A E PROVIDING
FOR FINAL PAYMENT TO SPORTS F D , INC., IN THE
AMOUNT OF $28,465.12 FOR ACT BSTANTIATED
SERVICES IT RENDERED UNDUE REEMENT NO. 18-7404
CONCERNING COLLIER CO
MARKETING AND SUPPO
SPORTS COMPLEX.
PORTS COMPLEX
R THE PARADISE COAST
Item # 16F2- Moved to Item # 11 E (Per Agenda Change Sheet)
Item # 16F3 A.
CHANGE ER NO. 8 PROVIDING FORA 99-DAY TIME
EXTEN WITH ZERO FINANCIAL IMPACT UNDER
AGRE ENT NO. 16-6622 WITH Q GRADY MINOR AND
ASS,(kIATES, P.A., FOR THE ENGINEERING AND DESIGN
SERVICES ASSOCIATED WITH THE CONSTRUCTION OF BIG
CORKSCREW ISLAND REGIONAL PARK DUE TO DELAYS
EXPERIENCED BY THE GENERAL CONTRACTOR'S
MATERIAL AVAILABILITY AND MANPOWER SHORTAGES
Page 140
May 9, 2023
AND AUTHORIZE THE CHAIRMAN TO SIGN THE
ATTACHED CHANGE ORDER (PROJECT NO. 80039)
Item # 16F4
CHANGE ORDER NO. 4 IN THE AMOUNT OF $481317.7 ,' �
UNDER CONSTRUCTION AGREEMENT NO. 21-78990'
HASKINS, INC., FOR THE HAMILTON AVENUE
IMPROVEMENTS PROJECT THAT MEMORIA6�9
ADDITIONAL REPAIR WORK INITIATED
HURRICANE IAN STATE OF EMERGEN
BOARD PREVIOUSLY AUTHORIZED
MARCH 28
Item #16F5
MF.F.TTNCT
A FIRST AMENDMENT FO
FOR AT ITS
AND PURCHASE
AGREEMENT WITH: RIETTA ARNAY, (2) CHARLES E.
BAILEY, (3) LOIS BEH E, (4) D & J INVESTORS, (5) DAVID
JOYCE FOR PROPERTIES ON THE CYCLE 10 APPROVED
ACQUISITION,
LAND ACQIRM,O
Item # 16F
T FOR THE CONSERVATION COLLIER
PROGRAM
R O�.TION 2023-88: A RESOLUTION APPROVING
A NDMENTS (APPROPRIATING GRANTS, DONATIONS,
CO TRIBUTIONS, OR INSURANCE PROCEEDS) TO THE
FISCAL YEAR 2022-23 ADOPTED BUDGET. (THE BUDGET
AMENDMENTS IN THE ATTACHED RESOLUTION HAVE
BEEN REVIEWED AND APPROVED BY THE BOARD OF
Page 141
May 9, 2023
COUNTY COMMISSIONERS VIA SEPARATE EXECUTIVE
SUMMARIES)
Item # 1611
MAY 9.2023. MISCELLANEOUS CORRESPONDENCE , cAd�
Page 142
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
MAY 9, 2023
1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS
DIRECTED:
A. DISTRICTS:
1) Q arry Community Development District:
04/18/2023 Agency Letter; 12/12/2022 Advertising Affidavit, Agenda,
12/12/2022 Agency Minutes Signed; 04/19/2023 Agency Letter;
01/09/2023 Agenda, Advertising Affidavit, Agency Resolution 2023-01;
01/09/2023 Agency Minutes Signed
B. OTHER:
1)
May 9, 2023
Item # 16J 1
REPORT TO THE BOARD REGARDING THE INVESTMENT OF
COUNTY FUNDS AS OF THE QUARTER ENDED MARCH 31,
2023
Item #16J2 O�
RECORD IN THE MINUTES OF THE BOARD OFAR�TY
COMMISSIONERS, THE CHECK NUMBER (O ER
PAYMENT METHOD), AMOUNT, PAYEE RPOSE FOR
WHICH THE REFERENCED DISBURSEM ERE DRAWN
FOR THE PERIODS BETWEEN APRILN, 2 23, AND APRIL 26,
2023, PURSUANT TO FLORIDA STD 136.06
Item #16J3
THE BOARD APPROV 1�ETERMINE VALID PUBLIC
PURPOSE FOR INVOI,PAYABLE AND PURCHASING
CARD TRANSACTI0DIS AS OF MAY 03, 2023
Item # 16J4
FIRST A MENT FOR PROFESSIONAL
SER GREEMENT NO. 21-7936, "PROFESSIONAL
S S FOR SAP S/4 HANA IMPLEMENTATION" WITH
P IX BUSINESS, INC., D/B/A PHOENIX BUSINESS
Cy.OSUCO SULTING FOR TASKS RELATED TO SAP SUCCESS
FACTORS EMPLOYEE CENTRAL AND WORKFORCE TIME
MANAGEMENT IN THE AMOUNT OF $11768,251.00 (PROJECT
NUMBER 50017)
Page 143
May 9, 2023
Item # 16K 1
A STIPULATED FINAL JUDGMENT IN THE TOTAL AMOUNT
OF $125,000 PLUS $15,048 IN STATUTORY ATTORNEY Ft*S
FOR THE TAKING OF PARCELS 274RDUEAND 274TD���
REQUIRED FOR THE VANDERBILT BEACH ROAD
EXTENSION PROJECT NO. 60168 on
�y
Item #16K2
THE LITIGATION SETTLEMENT BETWELLIER
COUNTY AND KENDALL PERRINE LISC AND APPROVE THE
ACCEPTANCE OF $1200 FROM
EXCHANGE FOR A RELEASE
$971309.70, IN THE CODE ENF
BOARD OF COUNTY COM�I
PERRINE LLC OF COI
CES20210012676
Item # 17A
DeLL PERRINE LLC IN
WITH A VALUE OF
MENT ACTION ENTITLED
ONERS V. KENDALL
LINTY, CASE NO.
ORDINAXCE%023-22: AN ORDINANCE REZONING A
RESIDEN SINGLE-FAMILY-3 (RSF-3) LOT TO
RES NT AL MULTI-FAMILY-6 (RMF-6) IN GOLDEN GATE
C ALLOW UP TO 2 MULTIFAMILY DWELLING UNITS
O 9f ACRES OF PROPERTY LOCATED AT 5196 23RD CT
SW, NAPLES, FLORIDA, ON LOT 1, BLOCK 198, GOLDEN
GATE UNIT 61 IN SECTION 21, TOWNSHIP 49 SOUTH, RANGE
26 EAST, COLLIER COUNTY, FLORIDA f PL202100019061
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May 9, 2023
Item # 17B
RESOLUTION 2023-89: PETITION VAC-PL20220003566, TO
DISCLAIM, RENOUNCE, AND VACATE THE COUNTY AND
THE PUBLIC INTEREST IN THE 10-FOOT PUBLIC UTILI
EASEMENT LOCATED ALONG THE BORDER BETWE
LOTS 1 & 2 AND LOTS 3141 & 5, BLOCK 11, OF BONI14J
SHORES, UNIT NO. 21 AS RECORDED IN PLAT B , PAGE
43, OF THE PUBLIC RECORDS OF COLLIER CO Y,
FLORIDA, LOCATED
IN THE SOUTHWEST
6TH STREET AND VANDERBILT DRIVE;
TOWNSHIP 48 SOUTH, RANGE 25 EAST,
FLORIDA
I
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rION 5,
R COUNTY,
May 9, 2023
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 2:14 p.m.
BOARD OF COUNTY COMMISSIONER
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) Ol�
SPECIAL DISTRICTS UNDER ITONTROL
�n
RICK LoCASTRO,
ATTEST
CRYSTAL K. KINZEL, CLERK a✓
These minute a proved by the Board on , as
presented or as corrected
T SIERIPT PREPARED ON BEHALF OF FORT MYERS
C REPORTING BY TERRI L. LEWIS, REGISTERED
PR FESSIONAL COURT REPORTER, FPR-C, AND NOTARY
PUBLIC.
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