Agenda 07/11/2023 Item # 2B (June 13, 2023 BCC Meeting Minutes)07/ 11 /2023
2.B
COLLIER COUNTY
Board of County Commissioners
Item Number: 2.B
Doc ID: 25979
Item Summary: June 13, 2023, BCC Meeting Minutes
Meeting Date: 07/11/2023
Prepared by:
Title: Management Analyst II — County Manager's Office
Name: Geoffrey Willig
06/30/2023 2:32 PM
Submitted by:
Title: Deputy County Manager — County Manager's Office
Name: Amy Patterson
06/30/2023 2:32 PM
Approved By:
Review:
County Manager's Office Geoffrey Willig County Manager Review
Board of County Commissioners Geoffrey Willig Meeting Pending
Completed 06/30/2023 2:32 PM
07/11/2023 9:00 AM
Packet Pg. 13
June 13, 2023
Page 1
TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida June 13, 2023
LET IT BE REMEMBERED, that the Board of County
Commissioners, in and for the County of Collier, and also acting as
the Board of Zoning Appeals and as the governing board(s) of such
special districts as have been created according to law and having
conducted business herein, met on this date at 9:00 a.m., in
REGULAR SESSION in Building "F" of the Government Complex,
East Naples, Florida, with the following Board members present:
Chairman: Rick LoCastro
Chris Hall
Dan Kowal
William L. McDaniel, Jr.
Burt L. Saunders
ALSO PRESENT:
Amy Patterson, County Manager
Daniel Rodriguez, Deputy County Manager
Jeffrey A. Klatzkow, County Attorney
Crystal K. Kinzel, Clerk
Troy Miller, Communications & Customer Relations
June 13, 2023
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P R O C E E D I N G S
MS. PATTERSON: Chair, you have a live mic.
CHAIRMAN LoCASTRO: Good morning, everybody.
How you-all doing this morning?
All right. Let's get things moving this morning. And,
Mr. Miller, I'm going to call on you to lead us in the Pledge.
MR. MILLER: Absolutely.
CHAIRMAN LoCASTRO: We're going to start with the
invocation, obviously.
COMMISSIONER HALL: The real pledge today.
CHAIRMAN LoCASTRO: Pastor, General.
Item #1A
INVOCATION BY PASTOR ED BRANDT, LELY
PRESBYTERIAN CHURCH. - INVOCATION GIVEN
PASTOR BRANDT: God, let us pray.
Gracious and almighty God, accept our gratitude for public
service, for the service rendered to Collier County by faithful
and dedicated employees. Their commitment to serving the
public, hanging in there on days when they might rather let go
and their continued service in years that become decades is
greatly appreciated. All that we can do can be a job, while the
work that we could do could be so much more.
We give thanks for those who embrace their work as a
calling, whether elected or employed, beginning a career or
having one winding down.
We ask for your blessings on our elected leaders so that
their work and collegiality may -- in a polarized world, can be a
model for others. We give thanks for the creative nature of
June 13, 2023
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Collier County citizens.
Our hearts are grateful for the gift of artwork that inspires,
provides insights, and stimulates the mind and the soul and
conveys a message to preserve this paradise.
In you, oh, Lord, paradise was lost and is now found.
Give us the creative minds and souls to be a place for hospitality
that strengthens the fabric of this incredible community.
In your name we pray. Amen.
MR. MILLER: Place your hand over your heart and face
the flag.
(The Pledge of Allegiance was recited in unison.)
Item #2A
APPROVAL OF TODAY'S REGULAR, CONSENT AND
SUMMARY AGENDA AS AMENDED (EX PARTE DISCLOSURE
PROVIDED BY COMMISSION MEMBERS FOR CONSENT
AGENDA.) - MOTION TO APPROVE BY COMMISSIONER
MCDANIEL; SECONDED BY COMMISSIONER HALL -
APPROVED AND OR ADOPTED W/CHANGES 5/0
June 13, 2023
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CHAIRMAN LoCASTRO: All right, County Manager.
MS. PATTERSON: Commissioners, I'll take you through
the change sheet before we move to approve the agenda.
First item, move Item 17A to 9C. This item requires that
ex parte disclosure be provided by commission members should
a hearing be held. All participants are required to be sworn in.
Recommendation to approve an ordinance amending the
Collier County Boulevard Mixed-Use Commerce Center
Planned Unit Development to increase the maximum number of
dwelling units by 413 for a total of 846 dwelling units for the
PUD and changing the commercial tract to the commercial
mixed-use tract.
The subject property is located in the Activity Center No. 9
Overlay and within Special Treatment Wellfield Zone 4, west of
Collier Boulevard and south of Magnolia Pond Drive in Section
34, Township 49 South, Range 26 East, Collier County, Florida,
consisting of 70 plus-or-minus acres and by providing an
effective date.
The next two are the companion items to that item. That's
moving Item 17B to Item 9D. This item requires ex parte
disclosure. This is a recommendation to approve an ordinance
amending the Golden Gate Commerce Park Planned Unit to
change the commercial tracts to commercial mixed-use tracts
and by adding fabricated metal products as a permitted use in
the commercial mixed-use tracts.
The subject property is located on the west side of County
Road 951 and north of I-75 consisting 74.2 plus or minus acres
in Section 34, Township 49 South, Range 26 East, Collier
County, Florida.
And move Item 16B1 to 11B. Recommendation to
approve and execute a second amendment to Developer
June 13, 2023
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Agreement with Victoria Estates, Limited, Magpond, LLC, and
I-75 Associates, LLC, collectively referred to as the developer,
in order to coordinated the developer's product with the design
and construction of the Collier Boulevard widening project.
Again, this is a companion item to the prior two, 17A and 17B,
which are now 9C and 9D, and they will all be heard together at
the appropriate time.
Move Item 16D2 to 11C. This is a recommend- -- or, I'm
sorry. Those items were moved at Commissioner Hall's
request.
Now, move Item 16D2 to 11C. This is a recommendation
to award Invitation to Bid No. 23-8073, replacement of waste
containers and benches for parks to Global Equipment, Inc.,
doing business as Global Industrial Equipment Company, Inc.,
in the amount of $210,702.90 for a one-time purchase to replace
damaged waste containers and benches due to Hurricane Ian,
and authorize the Chairman to sign the attached agreement.
This item is being moved at Commissioners -- Commissioner
LoCastro's request.
And we do have court reporter breaks scheduled for 10:30
and 2:50.
With that, County Attorney.
MR. KLATZKOW: Nothing, thank you.
MS. PATTERSON: Chair?
CHAIRMAN LoCASTRO: Okay. Do I have a motion to
approve the agenda and the changes?
MS. PATTERSON: Any changes from the rest of the
Board members first, sir?
CHAIRMAN LoCASTRO: Okay. Commissioner
Kowal, do you have any changes or --
MS. PATTERSON: Ex parte.
June 13, 2023
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COMMISSIONER KOWAL: No, sir.
CHAIRMAN LoCASTRO: Ex parte?
COMMISSIONER KOWAL: Ex parte on -- for just the
summary -- I mean -- nothing on the summary agendas other
than the ones that we had moved -- or vice versa.
CHAIRMAN LoCASTRO: Okay.
COMMISSIONER KOWAL: I'm kind of confused
because everything got moved off from one to the other
so -- okay. I guess I have to -- hold on. I just want to make
sure.
CHAIRMAN LoCASTRO: Okay. Commissioner
Saunders, do you have any changes to the agenda or any --
COMMISSIONER SAUNDERS: Mr. Chairman, I have
no changes and no disclosure.
CHAIRMAN LoCASTRO: Okay. Commissioner Hall.
COMMISSIONER HALL: No other changes. I do have
a meeting on 17C from the summary.
CHAIRMAN LoCASTRO: Okay. And I have -- I have
no changes on the summary. I have meetings on 17B and 17C.
So with that, do I have a --
COMMISSIONER McDANIEL: What about me?
CHAIRMAN LoCASTRO: Oh, I'm sorry.
Commissioner McDaniel.
COMMISSIONER McDANIEL: Just skipped over me,
didn't he?
CHAIRMAN LoCASTRO: We're all a little under the
weather up here today. Commissioner Kowal got us all sick,
like, two weeks ago.
COMMISSIONER McDANIEL: Somebody's a little
under the weather. Not me.
CHAIRMAN LoCASTRO: Go ahead, sir.
June 13, 2023
Page 7
COMMISSIONER McDANIEL: I have no changes, and I
have one disclosure on 17C.
COMMISSIONER KOWAL: I just want to clarify. I
went back through it. So I have no changes, and I do have
meetings and emails on 17C, just like --
CHAIRMAN LoCASTRO: Okay. Thank you, sir.
COMMISSIONER McDANIEL: I'll make a motion for
approval as amended and the ex parte.
COMMISSIONER HALL: Second.
CHAIRMAN LoCASTRO: Okay. Motion and a second.
All in favor?
COMMISSIONER HALL: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN LoCASTRO: Aye.
COMMISSIONER KOWAL: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN LoCASTRO: Opposed?
(No response.)
CHAIRMAN LoCASTRO: It passes unanimously.
Item #2B
MAY 9, 2023, BCC MEETING MINUTES
MOTION TO APPROVE BY COMMISSIONER MCDANIEL;
SECONDED BY COMMISSIONER KOWAL - APPROVED AS
PRESENTED 5/0
MS. PATTERSON: Item 2B is May 9th, 2023, BCC
minutes.
COMMISSIONER McDANIEL: I'll make a motion for
approval.
June 13, 2023
Page 8
CHAIRMAN LoCASTRO: Got a motion and a second.
COMMISSIONER KOWAL: Second.
CHAIRMAN LoCASTRO: Okay. All in favor?
COMMISSIONER HALL: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN LoCASTRO: Aye.
COMMISSIONER KOWAL: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN LoCASTRO: Opposed?
(No response.)
CHAIRMAN LoCASTRO: It passes unanimously.
MS. PATTERSON: Item 3 is awards and recognitions.
We do have a one today.
Item #3A
AWARDS AND RECOGNITIONS - 20 YEARS CHRISTAL
SEGURA - CONSERVATION COLLIER – PRESENTED
Item 3A1a is a 20-year award to Christal Segura,
Conservation Collier.
CHAIRMAN LoCASTRO: Hey.
(Applause.)
CHAIRMAN LoCASTRO: I'm not feeling great, so I'm
not going to shake your hand, but thank you.
COMMISSIONER McDANIEL: Twenty years.
MS. SEGURA: Yes.
COMMISSIONER McDANIEL: She started when she
was five.
(Applause.)
June 13, 2023
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Item #5A
ARTIST OF THE MONTH - CONTINUED CELEBRATION OF
THE COLLIER COUNTY CENTENNIAL
MS. PATTERSON: 5A presentations. In the back we still
are continuing to celebrate our Centennial. So the Artist of the
Month continues to be the celebration of the county's
Centennial. So really interesting information there in the back.
Item #5B
PRESENTATION OF THE 2023 JUDGES' AWARD IN
RECOGNITION OF PUBLIC RELATIONS PROGRAMS PUBLIC
SERVICE FOR THE CAMPAIGN "PRESERVE OUR PARADISE"
TO INCREASE KNOWLEDGE OF RECYCLABLE ITEMS AND
TO CHANGE BEHAVIOR BY INCREASING THE RECYCLING
RATE FROM THE FLORIDA PUBLIC RELATIONS
ASSOCIATION, IMAGE AWARDS. TO BE ACCEPTED BY
EVELYN LONGA, PUBLIC INFORMATION COORDINATOR II.
– PRESENTED
That brings us to Item 5B. This is a presentation of the
2023 Judges' Award in recognition of public relations programs
public service for the campaign "Preserve Our Paradise" to
increase knowledge of recyclable items and to change behavior
by increasing the recycling rate from the Florida Public
Relations Association Image Awards. To be accepted by
Evelyn Longa, Public Information Coordinator II, Public
Utilities.
Congratulations.
June 13, 2023
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(Applause.)
COMMISSIONER McDANIEL: Recycle.
CHAIRMAN LoCASTRO: Props.
(Applause.)
Item #5C
PRESENTATION OF THE COLLIER COUNTY BUSINESS OF
THE MONTH FOR JUNE 2023 TO ROOSTERS MEN'S
GROOMING CENTER. THE AWARD WILL BE ACCEPTED BY
BRAD AND ERIN HYDE. ALSO PRESENT IS BETHANY
SAWYER, VICE PRESIDENT OF MEMBERSHIP AND
INVESTORS, THE GREATER NAPLES CHAMBER OF
COMMERCE. – PRESENTED
MS. PATTERSON: Item 5C is presentation of the Collier
County Business of the Month for June 2023 to Roosters Men's
Grooming Center. The award will be accepted by Brad and
Erin Hyde. Also present is Bethany Sawyer, vice president of
membership and investors, the Greater Naples Chamber of
Commerce.
Congratulations.
MR. HYDE: Thank you.
(Applause.)
CHAIRMAN LoCASTRO: Free haircuts for everybody in
the audience, right?
MR. HYDE: Just a discount. Rent just went up, by the
way.
Yeah. Good morning. I'll be very brief.
Thank you for this opportunity. Very, very grateful to the
Chamber. They've been an integral part of our success from
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day one when we moved down here from Michigan to open up
these two beautiful Roosters Men's Grooming Centers, both in
Naples today. One is at Airport-Pulling and Vanderbilt Beach,
which is at the Galleria Shoppes, and then we have a newer one
down at Golden Gate Parkway and 41 where the PGA store is.
A lot of men know where that is.
The other thing I want to mention, I can't help the men in
your life lose weight, but definitely, after you get a haircut or a
shave with us, you're going to feel great and look great. So that
I can guarantee.
Thank you to the commissioners, again, to the Chamber, to
my beautiful wife.
We also, when we moved down, wanted to be part of the
community and participate with philanthropy and so forth, so
we've done a lot with Avow Hospice and then also St. Matthew's
and then Goodwill. So we don't want to take from the
community. We want to give back and really do good things
for the area. So thank you very much.
CHAIRMAN LoCASTRO: Thank you, sir.
(Applause.)
Item #5D
PRESENTATION REGARDING THE EVERGLADES
RESTORATION EFFORTS AND THE C43 RESERVOIR PROJECT
BY PHIL FLOOD, SOUTH FLORIDA WATER MANAGEMENT
DISTRICT. – PRESENTED
MS. PATTERSON: Item 5D is a presentation regarding the
Everglades restoration efforts and the C-43 reservoir project by
Phil Flood, South Florida Water Management District.
June 13, 2023
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Welcome, Mr. Flood.
MR. FLOOD: Thank you, and thank you so much for
giving me the opportunity to give you an overview of
Everglades restoration.
COMMISSIONER McDANIEL: I'm not quite sure this is
an opportunity, sir. It took an arm-twisting to get him to come
here.
Thank you for --
MR. FLOOD: I'm here though, right?
COMMISSIONER McDANIEL: Yes, sir, you are. I
appreciate it.
MR. FLOOD: If I could, I'd like to recognize -- we have
our governing board member and the chairman of the Big
Cypress Basin here in the audience today. Colonel Charlette
Roman, and we also have --
(Applause.)
MR. FLOOD: And we also have Lisa Koehler, the
director of the Big Cypress Basin over here, so...
So if I could, just a little -- quick little background. As
most of you-all know, we've been altering our landscape since
we've been a state, ditching and draining the state. And
following some major storms in the 1940s, the State of Florida
asked the federal government for assistance in some flood
control, and they came down here, and they constructed what's
known as the Central and South Florida system, and it consists
of about 2,100 miles of canals and some 1,500 water control
structures located throughout Central and South Florida, and it
had just a significant impact to our environment. It just
dramatically altered Lake Okeechobee, our coastal estuaries, and
the entire Everglades systems.
If you look at these drawings, or the graphics over here,
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you'll see water used to sheet-flow down through the Kissimmee
basin and Lake Okeechobee and then flow down through the
Everglades off the tip of the state down into Florida Bay.
Following all the alterations that we make, the Kissimmee
River's channelized and now flows directly into Lake
Okeechobee. All the development around the lake and on the
East Coast limits where that water can go, and much of it is
shunted out to the East Coast and the West Coast throughout our
coastal estuaries.
So we saw some substantial modifications to the
environment. We -- the floodplains, the natural storage we
used to have is largely eliminated, large portions of it, and along
with that, that would recharge our aquifers that are utilized.
We saw all this water being shunted out to tide, damaging
our estuaries with too much nutrients and sediments and such
and just an overall disruption of the entire ecosystem in Central
and South Florida, significant water impacts as well as impacts
to our native species.
So in response to that, as an effort to try to address that we,
again, went to the federal government, and the State of Florida
worked with the Corps of Engineers to develop what's known as
the Comprehensive Everglades Restoration Plan. It was
authorized in 2000. And the purpose of it is to try to restore our
Central and Southwest Florida ecosystem.
It's all about the water. It's all about getting the right
amount of water at the right locations at the right time, make
sure we have the right quality and the right quantity. And
it's -- and it's also all about sustainability, making sure that
there's sufficient water, and not just for our residents and tourists
but for agriculture, for commercial and, most importantly, for
the environment as well. And the plan consists of some 68
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different components and -- with multiple projects within that.
So if you look at this graphic here again, you can see what
the current situation is where most of that water's going out to
tide, to the coast. The plan for Everglades restoration is to try
to get as much water as we can back to where it used to go,
down into Everglades -- down there at the Everglades. And
we're going to do that through a whole suite of projects.
We've got a large-scale restoration project such as the
Picayune Strand project here in Collier County where we're
literally going to try to re-establish that sheet flow through there
and rehydrate those wetlands. We have large-scale
above-ground storage reservoirs. The idea behind those
reservoirs is to -- during the rainy season when there's too much
water flowing into the lake or flowing into our estuaries, we'll
capture that water, store that water, and then during the dry
season, when the environment needs it or the communities need
that for agriculture, for drinking water, we then will release that
water.
We also have a whole series of stormwater treatment areas.
Those are man-made marshes, large-scale filter marshes where
we use plants to take nutrient-laden water, clean it through these
stormwater treatment areas, and then release that water back into
the environment, down into the Everglades or out to the coast or
into the lake itself.
A result of all this -- of us moving water around, there's a
number of seepage management projects to protect flooding on
adjacent properties and minimize impacts to residents and
agriculture.
And then aquifer storage and recovery is a big part of this.
For those of you-all who aren't familiar, aquifer storage
recovery, or ASR, is taking surplus freshwater, you clean it to
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drinking-quality standards, and then pump it underground and
store it in a brackish aquifer. The freshwater forms a bubble
down within that brackish aquifer, and then when you need that
water during the dry season, you pull that water up, you make it
available, put it back into the environment, use it for agriculture
or drinking waters.
And then there's several other alternatives or projects that
we'll be working on as well.
But in order to be successful, we focus everything -- all
these projects are all geared around -- or all focused around the
science. We rely upon all the research that we do. We look at
the needs of the environment and look at the needs of the
communities and such, and we develop these projects, engineer
these. And we do it through collaboration with our partners.
We work closely with all the local governments in the areas.
We work with the state and federal governments to try to pull
together all the science and the best information, and we also
work with the private sector and private entities on this.
But as most of you-all know, everything -- in order to be
successful, a lot of it ties to the funding. And Everglades
restoration has been a series of highs and lows. When the
economy's good, lots of money comes from the federal
government and from the State of Florida, and we can really
start moving along and implementing those projects. When
things aren't so good, it starts to taper off, and we start -- start
slowing things down.
But we've been extremely fortunate to have Governor
DeSantis who was elected four and a half years ago, and on his
second day of -- in office, he set the stage. He set the tone out
there for the environment. He made a commitment through an
executive order directing the State of Florida and, in particular,
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our agency to address our environmental concerns and expedite
Everglades restoration projects. And through his leadership and
the support of the Florida Legislature, during his first four years,
they appropriated $2.3 billion for the environment, and over half
of that, 1.7 billion, was directed specifically at Everglades
restoration.
As a result of that, we've been going gangbusters. We've
been having ribbon cuttings and groundbreakings on projects
and pieces of projects all across the state over here. This one
map shows some of the key projects that we're focused in on
right there.
The Governor, of course, was just recently elected and,
again, on his first or second day, he said, we're going to do
more, do it even better. And so he's made a commitment of
even more money over his next four years.
So through his leadership and the legislature we are -- we
are poised to do great things right now, and we're really starting
to see that success after four years of good funding and
leadership.
So let me tell you about the projects, and I'm going to start
north of the lake. You can see this graphic right here shows our
projects that are underway up there. Some of the key projects is
the Kissimmee River restoration. We've got a big project called
the Lake Okeechobee watershed restoration project. All those
little purple -- purple spots on the map, those are public/private
partnerships where we pay -- we pay farmers and ranchers to
store water on their property through our dispersed water
management project.
So let me tell you a little bit about the Kissimmee River.
So it -- it was -- it used to be a 103-mile meandering river from
Lake Kissimmee down to Lake Okeechobee, and then in the
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name of flood control, the Corps of Engineers converted it into a
60-mile ditch, which captures all the water in the floodplain,
runs the nutrients and sediment right into that canal, right into
Lake Okeechobee. Needless to say, significant impacts to the
environment. The whole river system just collapsed. Lake
Okeechobee is being overwhelmed with nutrients and such.
And so we worked with the Corps of Engineers. We
identified areas about -- probably a third or more of the river
where we could go back and restore it where people hadn't
moved into the area. So we can continue to provide flood
control through a portion of the canal but restore the river
channel itself. And so we've been able to backfill 22 miles of
the canal, restore 44 miles of the river, and now we have over 40
square miles of floodplain habitat that's been restored.
And if you just look at the pictures, it just tells it all right
there. The before and after -- after shots. Here you can see the
floodplain during the rainy season where it's doing what it's
supposed to do. Water's being stored up there in the floodplain,
slowly making its way down into Lake Okeechobee, rehydrating
the soils up there, recharging the aquifer, just creating just
incredible habitat up there.
So we've seen just great things as a result of the Kissimmee
River restoration. We just wrapped it up at the Corps of
Engineers here within the last year and just seen a complete
rebound of the ecology up there and the water supply. So a
great, great project.
We have another one that we just recently kicked off, a big
one up there called the Lake Okeechobee Watershed Restoration
Project. And the purpose behind this project is water storage
and making sure that we can have water to be available for use
for the environment and for the farmers and people that need
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water up there in the dry times. And it's all about trying to
make the lake levels -- try to do a good job maintaining those
lake levels so that there's not damaging discharges out to the
estuaries.
So we're going to do this through two primary components
here. One is a wetland restoration project. The District is
buying 6,000 acres. We're going to restore a portion of the
floodplain. But the biggest part of it is the storage wells.
We've got 55 storage wells located around the north shore of
Lake Okeechobee and along the Kissimmee River. And, again,
we -- the idea here is we'll capture the water during the rainy
season when there's a surplus of water, grab that water, pump it
underground -- clean it first, pump it underground, store it there,
and then during the dry seasons, when we need water in the lake
or the estuary, the farmers or the water supply folks will pull
that water out and make that available. So another great project
that's underway there.
And then I threw in a slide here about one of our
public/private partnerships. This is one located on the west side
of Lake Okeechobee. It's with Lykes Brothers. And what
we've done is we entered into a contract with them in 2015.
They used 16,000 acres of their land, kept that land on the tax
rolls. They built a shallow impalement [sic] over there. So it's
a small dam that goes around the 1,600 acres and some pumps.
And when Lake Okeechobee starts getting high and it's
looking like the Corps' going to have to make discharges to the
estuaries, we'll direct them to turn the water on. They pump
that water up, they store it on -- in this -- the shallow reservoir,
and just let that -- let that water sit there. Let it evaporate. Let
it perk down, recharge the aquifer. And this is just a great -- a
great project. We have a number of these scattered around
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north -- north of the lake, and they're intended as interim
projects until such time as we can finish Everglades restoration,
till we can get all of our other key projects constructed.
And so we pay them to store water on their property. They
keep it on the tax rolls. They continue to use it throughout the
year. And then we get some side benefits, because any -- every
water that we take out of the lake is nutrient-laden water, and so
we keep that out of the lake and potentially out of our estuaries.
South of the lake is where a lot of the action has really
happened. We have dozens of projects to the south, as you can
see on this map. The key projects are the EAA reservoir and a
stormwater treatment area. We have a restoration strategy
project, which is those kind of turquoise-colored projects you
see on the map. Those are man-made filter marshes, and they
take water from Lake Okeechobee and water from out of the
Everglades agricultural area, clean that water, and then send it
south.
And then the Tamiami Trail project, which some of you-all
are familiar. We're partnering with DOT to raise portions of the
road with bridges and then increasing water flow under the trail
and removing portions of the old Tamiami Trail that's an
impediment.
But the big one, one of the Governor's key priorities, is the
Everglades Agricultural Area Storage Reservoir, and it has a
companion stormwater treatment area adjacent to it. This is a
large aboveground reservoir. It sits on 10,500 acres, and it's
going to store water 23 feet deep.
The idea is we'll take water coming out of Lake
Okeechobee or out of the -- during the rainy seasons, store that
water in the reservoir. When it's needed to the south, we'll run
that water through the adjacent stormwater treatment area.
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That's a 6,500-acre filter marsh that will clean the nutrients out
of that water and then send that water south into the Everglades.
The Corps of Engineers is building the reservoir. I know
the schedule says 2028, but the real -- the new number is 2030,
unfortunately, but the District is building the stormwater
treatment area, and we are -- we are scheduled to have that
wrapped up here at the end of this year. And we'll be able to
put that in operation. Even without the reservoir there, we'll be
able to take water coming out of the ag areas in Lake
Okeechobee and clean it and send it to the south. A tremendous
project, very, very important.
But hitting close to home here is our Picayune Strand
project right here in our own backyard. This is a tremendous
project. I'm sure you-all are familiar with it. It's located south
of I-75, a former subdivision where the developers came, and
they constructed four large canals that all funnel into one that
discharges down to the Port of the Isles down there, and that
significantly altered the landscape over there. Water that used
to naturally sheet-flow down and feed the Ten Thousand Islands
is now all ditched and drains. The wetlands are largely gone.
And it funnels all that discharge into one location, essentially
blowing out the area down there.
So this project necessitated buying up all those lands and
plugging 42 miles of canals, removing 285 miles of road,
just -- pretty significant, and then constructing three pump
stations. Now, those pump stations, they take that water that
comes down through the canals out of -- from under I-75, and it
disperses that water across the north end of the project area so
that water can then sheet-flow and go -- put it back the way it
used to be where that water will naturally sheet-flow all the way
across, down to the Ten Thousand Islands.
June 13, 2023
Page 21
There's also a component to protect the agricultural interest
down on the southwest corner of the property. It's the
southwestern protection feature. And then we had to do a
mitigation -- manatee mitigation feature down in -- south of Port
of the Isles as well.
I'm happy to say that all three of the pump stations are
completed, and two of them are actually in operation, and we're
seeing just, you know, tremendous success so far in those -- the
portion of the property -- of the project that's actually
operational.
You can see a couple pictures of the pump station sending
some water out, spreading that water across the landscape and
letting it flow down to the south.
The manatee mitigation feature is completed, and the Corps
of Engineers is working on plugging the canals and the roads,
and that will be completed by 2024, and at that same time, we
should finish up the southwestern protection feature as well.
And then the entire project is slated to be completed by
2025, and at that time we'll have over 55,000 acres of native
wetlands and uplands that will have been restored. And we're
going to have re-established that flow to improve the water
quality and improve the environment down there in the
Collier-Seminole State Park, the Ten Thousand Islands National
Wildlife Refuge, and Rookery Bay.
St. Lucie Estuary, I'm not going to spend a lot of time since
that's that other coast over there. But we have similar projects
over there. We've got a large-scale reservoir that was recently
completed. We have a number of dispersed water storage
projects on private land, and we have another reservoir that's
starting the planning stages there as well.
But let me tell you about what's really going to help us on
June 13, 2023
Page 22
the West Coast over here, and it's our work on the
Caloosahatchee River and estuary. It's the big C-43 reservoir
and the Lake Hicpochee Hydrologic Enhancement Project.
Lake Hicpochee is -- actually, it's not really a lake. It used to
be a 6,000-acre lake. Now it's a 6,000-acre marsh.
Back in the 1800s, Hamilton Disston decided it was a good
idea to connect the Caloosahatchee River with Lake
Okeechobee, and so he constructed a large canal to connect it,
and that makes a lot of sense back in the time, for commerce and
for flood controls and drains off some of those lands for
agricultural purposes and development. And when he did that,
the lake went from a lake to a 6,000-acre marsh.
So -- and then also, as part of the Central and South Florida
project, there's a canal that runs north and south that flows
directly down into the canal right across the north shore of Lake
Hicpochee, and that captures agricultural runoff as well as
stormwater runoff from the City of Moore Haven, which is right
here on the corner of the picture here.
And so what we did is we acquired about 7 -- a little over
700 acres and built a shallow impalement up there along with a
pump station. And then along the north face of the shore we
built what's known as a spreader canal, and it's about a mile and
a half long, and it's a canal that's plugged on either end. And
the one side of the canal is lower than the intake side.
And so you fill the canal up with water, and it spreads out
throughout the canal, and then it sheet-flows out of the canal and
runs across the north face of Lake Hicpochee. It rehydrates the
marsh. It cleans that water so the nutrients will be
removed -- some of the nutrients will be removed from the
vegetation before it gets into the -- into the river and ultimately
out to the estuary. So we have a water-quality and
June 13, 2023
Page 23
water-storage project that's been working very, very successfully
out there since it was completed in 2019.
Working so well that we bought the adjacent 2,500 acres.
We were approached by some landowners, and we said,
absolutely, let's do this. And so we're going to be able to build
an additional storage feature out there and do it -- use
it -- continue to use it to do some nutrient removal.
It's currently under design. We hope to go to construction
the first of next year and be completed in December 2025. Just
a great project. It's water storage and water treatment in the
Caloosahatchee watershed.
But the big one, the one that's really going to make a big
difference for the river and the estuary and the Gulf of Mexico is
the C-43 reservoir. This one's a longtime coming. We had
it -- we had it all ready to go in 2000 but waiting on the federal
government to get all the authorizations and funding in place,
and it just never -- it took forever. So in 2015, then Governor
Scott directed the Water Management District to build this -- to
build this thing, and so we got started with the very beginnings
of it in 2015.
But it's located right in the center of the watershed between
Lake Okeechobee and the Gulf of Mexico. It's right off of the
Caloosahatchee River there off of State Road 80. And this
thing, it's massive. It's 18 square miles. It's six miles across.
The next time you drive, see how far six miles is. The reservoir
goes from -- it's six miles across, three miles north and south,
and it's just a substantial feature. It's so large we had to put a
divider down the middle of it to attenuate some of the wave
energy. The winds could generate waves that could overtop the
dam. And so for one of the reasons, we put a separator dam in
there.
June 13, 2023
Page 24
But the purpose of this one is during the rainy season,
because of all the ditching and draining, there's too much
freshwater going to the estuary, and also the Corps compounds it
with lake discharges. So the idea is to capture lake discharges
and excess basin runoff, hold it in the reservoir during the rainy
season, to try to attenuate too much freshwater in the estuary.
Then in the dry season when the estuary needs freshwater, we'll
release it.
So it's a pretty significant structure. As I mentioned, it's
got 19 miles of dam embankment around it. It's got 14 water
control structures and two big pump stations.
And the slide is not working. There we go.
And so this just kind of shows you the cross-section, what
the dam's going to look like, give you an idea. It's going to
range in height from 27 to 38 feet high, and that's because of the
slope to the property over there. It's a massive structure.
While the crest of the dam is only 14 feet, the base of it averages
over 300 feet, the length of a football field, the base of this thing
over here. And it's considered a high-risk dam, and so it has a
number of safety features built into it there to protect the
environment, or to protect any failure from -- and any of the
neighbors around there.
So this project is under construction. We had a little
hiccup and had to fire our major contractor, but the District has
picked up work out there, and we're continuing to move forward
on it, so we're looking at -- and trying to be done with this thing
in 2025 or 2026.
But this current year, with the leadership of the Governor
and the Legislature, they've -- he's well on his -- the Governor's
well on his way in meeting his goal of 3.5 billion for the
environment, because Everglades restoration itself got some
June 13, 2023
Page 25
$600 million. And so you can see the kind of money that we're
getting.
The map shows -- on the right it shows all of the projects
we have underway right now. And so we've got -- we've got
the funding to continue to march forward and kind of continue
to make progress so that we'll continue to see, you know, a
healthy environment out there and have water supply for all of
us into the future.
And with that, I'll leave you with another beautiful picture
of the Kissimmee River channel when it's full of water and
showing you kind of what restoration can do over there.
And if anybody has any questions, I'll be more than happy
to answer them. And I greatly appreciate you giving me the
opportunity to share this incredible work that our incredible
team does.
CHAIRMAN LoCASTRO: Questions?
COMMISSIONER McDANIEL: I have a comment. And
I just want to say thank you. I serve in a lot of different
capacities. I'm on the coalition of counties with regard to Lake
Okeechobee, and I saw you over there a couple of weeks ago in
Okeechobee proper. And I welcome my colleagues to get
involved with what's, in fact, transpiring.
What's coming fast and furious at us is the WERP program
that he -- Mr. Flood -- I said "he." Mr. Flood regularly talked
about the CERP program because the funding's predominately in
place, but the WERP program, the Western Everglades
protection plan is coming at us hard and fast. The
funding -- they're talking about the funding. And as soon as
that gets cut loose, we're going to see an enormous amount of
construction and efforts happening on the West Coast.
And I see these presentations from Mr. Flood and the
June 13, 2023
Page 26
District on a regular basis, and I'm also on the board of trustees
and the executive board for the CREW, the Corkscrew Regional
Eco Watershed, as well as I live, personally, in Corkscrew
Sanctuary. So water is of paramount for all of the State of
Florida.
And as we continue to grow, knowing that we have enough
water to be able to protect our environment and our people and
our four-legged friends all at the same time, it's imperative.
And I can't thank you enough for coming and sharing
what's going on. That was a force-feed with a fire hose as far as
what's, in fact, going on.
But there's a lot of really, really exciting things transpiring.
And I welcome you to come to these meetings, come to -- get
involved with what's, in fact, transpiring so that we have a
say-so as to what's going to, in fact, transpire with the WERP
side -- with the Western Everglades side of the restoration
efforts of the District and the State of Florida.
MR. FLOOD: And I will just jump in there. WERP is a
part of Everglades Restoration. It is part of CERP. And I
didn't talk about it because we're in the planning phases of it.
But it is moving forward, and, as you said, absolutely we want
to -- we want the public to be involved so we can get these
projects right, so...
COMMISSIONER McDANIEL: Absolutely.
CHAIRMAN LoCASTRO: Commissioner Saunders.
COMMISSIONER SAUNDERS: Thank you,
Mr. Chairman.
I really appreciate the presentation as well. It brings back
a lot of old times for me because you mentioned the
Comprehensive Everglades Restoration Program. I did the
legislation with Governor Bush back in 2000, and funding was
June 13, 2023
Page 27
always difficult, but at least it got things started.
And I really appreciate looking at the pictures of the
Kissimmee River channel, because that was a piece of
legislation that I worked on. That was the -- they called that the
Northern Everglades legislation. I filed that legislation and
worked on that.
And the idea was to do what you've got here, and it's just
great to see these photographs. So I know that sort of ages me a
little bit. I've been around a while, but to see this is really
remarkable, and I appreciate it.
MR. FLOOD: It's fulfilling, isn't it, to see all that work,
years and years -- decades ago, so -- but we need to get you up
there and go see it firsthand.
COMMISSIONER SAUNDERS: Anytime.
CHAIRMAN LoCASTRO: Commissioner Hall.
COMMISSIONER HALL: Thank you, Chair.
Thanks, Commissioner Saunders, for all your work in
2000. I was in eighth grade.
COMMISSIONER SAUNDERS: Thank you,
Commissioner Hall. I appreciate that.
COMMISSIONER HALL: No, seriously.
CHAIRMAN LoCASTRO: I think your math is off. I
just did the math. I don't think that works out.
COMMISSIONER McDANIEL: How are we going to
vote on 17A?
COMMISSIONER HALL: This was impressive. And I
appreciate your efforts. I appreciate all the thinking, all the
planning, all the work, all the taxpayer money. It's not in vain,
and you can see in that picture right there the fruit of it. And I
just want you to know, job well done. Keep it going. We
appreciate it. You know, the public doesn't know -- I had no
June 13, 2023
Page 28
idea that all this was going on, and it's most impressive. So
thanks again.
MR. FLOOD: Thank you. I'll share those comments
with the staff, because I'm certainly not doing all this work.
CHAIRMAN LoCASTRO: I've got a couple questions,
Mr. Flood. On C-43 reservoir, so that project has already
started, but it's going to take a couple of years. What's the
completion date?
MR. FLOOD: Yes, sir. Well, we're likely going to be
2025. We had an issue with the contractor. They got very,
very behind schedule, and so we ended up terminating the
contract.
And so now we've taken on that work and continue to move
forward on it. But it's such a massive reservoir. When you get
out there and you see it, you understand it. There's nearly 300
people out there working on the project. There's over 250
pieces of heavy equipment moving dirt around and everything.
So it's just -- it's the scale of these projects is why it takes so
long.
CHAIRMAN LoCASTRO: What was the problem with
the contractor? I mean, we're transparent up here. And, like
you said, you know, you had a bad contractor. What's the short
version? What happened?
MR. FLOOD: They just continued to get farther and
farther behind. Every month they were getting several weeks
behind. They had a couple of issues. You know, it's -- they
complained about the weather. They complained about
workforce and such. But they knew what they were getting into
in all this over here.
But they continued to get farther and farther behind, and we
just couldn't have that. The reservoir is just too important to the
June 13, 2023
Page 29
public, too important to the environment, to our economy, and
so we needed to -- needed to move forward. And so they had
slipped nearly a year -- well, a little over a year behind in the
schedule, and so we want to try to get back on track, so...
CHAIRMAN LoCASTRO: You made the comment that
once it's functional, then water will be collected, and then during
the dry season, then, that's when you'll be able to release it.
The question we get a lot of times from citizens who maybe
don't follow this as closely, but their question does have merit,
is, when we just collect water generically and we collect water
all the time and hold it for, you know, eventual release, while it's
being held in the C-43 reservoir -- and, like you said, that's
going to be massive -- is it regularly tested so that, you know,
when you get ready to release it, that something hasn't happened
to that water or you've collected something that had some sort of
negative runoff?
Because we hear that a lot from citizens who say, oh, you
know, when you lifted the door and released the water, then, you
know, it made red tide 10 times worse or it caused some other
kind of problem. While that water is being held for a
significant amount of time, things can happen to it.
MR. FLOOD: Sure.
CHAIRMAN LoCASTRO: Do you know offhand --
MR. FLOOD: Oh, yeah.
CHAIRMAN LoCASTRO: -- while it's being stored?
MR. FLOOD: Absolutely. Well, we'll certainly, you
know, monitor conditions in there. But we will be treating that
water as it goes in there, so we'll be removing some of the
nutrients. So it won't be as nutrient-laden as the water that's
coming down the river now. So what's released will be cleaner
than what would have been going out there to the estuary.
June 13, 2023
Page 30
We'll continue to monitor it. We'll be releasing it. We'll
be collecting it through the summer with the hottest point -- time
of the year. That's when you'll see, you know, algal blooms and
that sort of thing, but we'll be releasing it during the -- during
the cooler months where you don't see that sort of algae.
But we'll be monitoring that. There's things that we can do
in the event an algae bloom was to start, if it was to happen.
But we also have the opportunity of releasing water from the top
of the reservoir or down at the bottom of the reservoir. So the
cooler water will be down there, and that likely would be -- we
wouldn't see any nutrients down there or any algae down there.
So we can certainly -- we'll be monitoring those sort of
things. But it will be cleaner water coming down into the
estuary then.
CHAIRMAN LoCASTRO: That's what I was hoping to
hear.
Commissioner McDaniel, and then Commissioner Kowal.
COMMISSIONER McDANIEL: Just one quick question.
And it's south. I mean, all of the efforts are for water quality
and quantity and such north of the -- and west of the lake. But
south, I regularly refer to 41 as the damn dam.
MR. FLOOD: Yep.
COMMISSIONER McDANIEL: And the water quality
and sheet flow coming out of the Picayune is imperative. Has
any work been done -- I know we have -- I think I got a report
yesterday with regard to some enhanced culverts that the Corps
is working with us on on State Road -- or County Road 92 for
water flow out of there -- but enhancement of the bridges along
41. We all know driving on 41, you bust along and come to a
bridge and then come back out again and bust along and come to
a bridge. So there's not only a human constraint on 41, but
June 13, 2023
Page 31
there's also a water constraint for getting freshwater out of the
Picayune once the entire propagation with the pumps has started.
Has there been any work done on that segment, and can we
help you with the Department of Transportation, both the state
and the feds, because that's a U.S. highway?
MR. FLOOD: Yep. Yeah. I would actually have to
defer to our folks about that. I'm certain that through the
engineering of this, knowing how much water's going to be
released, how much is going to come through, that we already
have in place, you know, the sufficient flows to go down
through there. But I will certainly go and check and see if
there's anything that we -- any additional work that needs to be
done.
You can always, you know, make improvements out there.
You get a lot of vegetation, you know, that will start growing up
there over time, and so maintenance of those culverts and such is
a really, really big important part. As you know, maintenance
of any facility -- any kind of infrastructure that you build out
there, but --
COMMISSIONER McDANIEL: Well, once we
start -- once the southwest --
MR. FLOOD: Protected features.
COMMISSIONER McDANIEL: -- thank you. The
southwest protection structure is completed, then that -- the
merit pump will kick on.
MR. FLOOD: Exactly.
COMMISSIONER McDANIEL: And we'll be moving
water to the east -- or back to the west that will flow down
through there. So I just want to -- there again, I want to make
sure that we have the necessary sheet flow coming out.
MR. FLOOD: Absolutely. And that's why it's so
June 13, 2023
Page 32
important to collaborate with other partners on all this.
Working with DOT, working with you-all, working with
communities out there, understanding the lay of the land, and
working with them to help to facilitate the construction of these
things. So we'll definitely take you up on your offer if there's
some assistance we need down there.
COMMISSIONER McDANIEL: Please do so, sir. That's
an imperative feature for people traffic at the same time, and we
don't want to -- we don't want it to end up being a stopping point
for that sheet flow coming out, so...
CHAIRMAN LoCASTRO: Commissioner Kowal.
COMMISSIONER KOWAL: Well, thank you, Mr. Flood,
for your presentation. It was quite informative.
My question is, I believe we have some -- with our
Conservation Collier, we have a few lists coming to us -- and I
know -- I think it's 11B or 12A possibly -- in the near future.
Don't quote me on the exact list. But I know there's a large
parcel in there that's got a price tag of about $29 million, and
just from my layman's -- you know, looking from outside
in -- and I'm not versed like you are -- but I think there's a
section in there or large parcel, it's about $29 million, that's on
the list that -- when I look at it, it seems to be a crucial piece to
connect the north to the south with what you're talking about.
So I don't know if you're familiar with that or --
MR. FLOOD: I'm not, I'm sorry that I don't. But I
believe that most of the lands that we need we've already
acquired for these specific projects, and it doesn't mean that
there's not, you know, a need for conservation or for other
projects outside of ours over there, so...
COMMISSIONER KOWAL: Yeah. It just seems like
there's a section in there that will keep that flow all the way
June 13, 2023
Page 33
down into the south blocks and then continue this to, you know,
a point to where -- I know I went to a few meetings in the past,
and we talked about having one of these natural aquifers where
it naturally filters below 41, I think, moving to an area maybe in
the state park called a bicycle seat or something like that,
because it's a natural area that's high in elevation that could be
used, possibly, in the future, you know, with that watershed on
that side of the county running south. So I don't know -- it
seems like it's in line with all that too, so...
MR. FLOOD: Certainly. And you've probably been in
touch with Lisa at the Big Cypress Basin. You know, they
work closely with the communities on trying to develop water
storage, water treatment projects outside of our projects over
here, and so I'm sure we can certainly --
COMMISSIONER KOWAL: Like Commissioner
McDaniel said, this would probably be a good one, maybe we
can get together and figure out maybe something to help us all
down the road.
MR. FLOOD: Absolutely.
COMMISSIONER KOWAL: All right. Thank you.
CHAIRMAN LoCASTRO: Well, thank you, sir, for your
presentation. I also want to -- on behalf of all of us, again, also
acknowledge Charlette Roman and all the great work that she's
done here for the county. And Lisa Koehler is an incredible
resource for all of us. You know, you bump into her in the
halls all the time up here, and so I know that we all reach out for
her just -- you know, if I have a water question, I don't even
know exactly what her business card is, but I'll just call her
because, you know, she's always at the other end of the phone
very quickly and keeping us updated on a lot of things. So
you've got a great team and thanks.
June 13, 2023
Page 34
MR. FLOOD: She's tremendous.
CHAIRMAN LoCASTRO: You know, I would just say in
closing, that C-43 reservoir project is huge. Don't miss the
opportunity to keep us updated. And it doesn't necessarily need
to be coming to the podium, but just through Lisa or send us a
note, or -- it would be nice to know that that project is on
budget, on time. You know, we cut a ribbon on that thing, and,
you know, as we talked yesterday on the phone, yeah, some
shout-outs to the folks in Tallahassee, past (indicating) and
present, for the great work that's been done, but now, you know,
we can't waste that money.
And so a lot of money's coming to us, and it would be -- it
would be, you know, a sin if, you know, we cut a ribbon super
late and had another bad contractor and that reservoir didn't do
all the things that the Governor and his staff is needing it to do.
And so, obviously, you don't want to disappoint.
Thank you, sir. Appreciate it.
COMMISSIONER McDANIEL: Appreciate it.
CHAIRMAN LoCASTRO: Okay. Mr. Miller, do we
have –
Item #7
PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE
CURRENT OR FUTURE AGENDA
MR. MILLER: Yes, sir, Mr. Chairman, we have two
registered speakers under public comment. Your first speaker
is Marco Island City Councilman Blonna. He'll be followed by
Douglas Fee.
COUNCILMAN BLONNA: Good morning, gentlemen.
June 13, 2023
Page 35
I'm speaking as an individual, not for the Council this morning.
I just wanted to read something that I wrote. When I was
elected to Marco Island City Council in 2020, I promised myself
that I would govern by four principles.
One, I would support legislation to protect the health,
safety, and general welfare of the Marco Island residents and our
visitors; two is I would outwork everybody on the Council to
learn as much as I could related to any issue that would come up
before the Council; three, I would support the will of the people
as expressed by referendums passed by a majority of the
citizens, regardless of my own political beliefs about the issue;
and, four, I would try and stand tall in the face of criticism when
I was true to those first three principles. And I knew if I held
true to those four principles, I would have a legacy that I would
leave behind that I could be proud of.
Now, throughout my campaign in 2020 for a seat on the
City Council, I supported Conservation Collier, the renewal
referendum. In 2020, I, along with 151,000 other residents,
about 77 percent of the voting public, voted for the referendum.
And we all, at that point, voluntarily agreed to tax ourself at the
rate of .25 mills in order to continue this vital program.
Now, Conservation Collier has been wildly successful in
meeting their mission. As a matter of fact, their mission is to
acquire, preserve, restore, and maintain vital and significant
threatened natural lands, forest and upland, and wetland
communities located in Collier County for the benefit of present
and future generations. And they've been wildly successful in
doing that. Conservation Collier funds have been used to
acquire and manage over 4,300 acres of land in 21 different
locations across the entire county, and approximately 20 percent
of the taxes collected for the project are put into a fund to
June 13, 2023
Page 36
manage the existing preserve lands in perpetuity.
I'm proud to be a supporter of this program and to have had
this as part of my legacy because it meets all of the principles
that I promised I would live -- I would abide by by taking office.
Now, as you approach your budget workshop on Thursday,
I'm asking you to make support of this program part of your
legacy and to continue to fund the program at the
voter-supported millage rate of .25 mills. To consider reducing
this level of funding at a time when the value of land in Collier
County shows no signs of dropping would be a majority threat
to the mission of this referendum-based program.
Please honor your commitment as I have to support the will
of the people as expressed by referendums passed by a majority
of the citizens regardless of your own political beliefs about the
issue.
Thanks for your time, and thanks for your service.
CHAIRMAN LoCASTRO: Thanks for your service as
well, sir.
MR. MILLER: Your next speaker is Douglas Fee.
MR. FEE: Good morning. For the record, my name is
Doug Fee. I live at 754 Pan Am Avenue up in North Naples.
I came this morning -- I wanted to ask the Commission if
they would put an agenda item or some presentation on Veterans
Memorial Boulevard. I live in the area. It's a well-needed
road, and I think that the community needs an update, okay.
But I switch gears today. I live in this community called
Gulf Harbor. It was platted in 1955. It's an old neighborhood.
There are 165 homes, and the plat, which it had a -- it had canals
that were put in the neighborhood. They're all man-made,
okay. And there's an important distinction between the river
and man-made canals. We -- the association called Gulf Harbor
June 13, 2023
Page 37
Moorings, Inc., we own a parcel on Venetian Way. It's yellow
highlighted, and it's 405 feet in front of the boat basin.
We've always used this parcel and this area for docks for
our residents. In 1979 the community came to the county and
asked -- this is part of the plat. It was owned by the
predevelopment company, and we would like to have this. So
there was a resolution, and the parcel was turned over to the
association.
Fast-forward to today. I'm here because there is a barge
that's been located in our canal. There's a permit that was
issued by the county, and it's been going on for four or five
years. And we, the association, have been trying to
communicate. And in the permits, the staff, three or four times,
put that the lot borders a parcel owned by the association.
Please update the certified site plan to reflect this parcel and
please provide a letter of authorization that allows the new dock
to go through the association property.
We were watching these permits. There were actually two
of them and three times, the staff at the Growth Management
said, go seek approval. In fact, that did not happen, and the
permit has now been issued.
We own 40 feet of a lot in front of the middle lot up north.
The owner -- the homeowner owns 10 feet. And if you look at
the permit, the green shows the association property. It's
man-made. It's a deed. We own 108 feet, which is 68 feet of
the first lot and 40 feet of the second lot.
You will see on this print that the setback from the property
line is seven and a half. The dock itself is four feet. That's 11
and a half feet. So we argue that the dock that will be built and
is permitted is at least a foot and a half over our property.
Now, I realize there are legal issues. We've gone to the
June 13, 2023
Page 38
homeowner and tried to do a deal, okay. We'll give you a lease.
We'll give you a 30-year lease. But, unfortunately, the permit is
issued. So I'm coming to you to ask, is there anything you can
do? We've requested in an email at least twice from staff from
the county, can you rescind the permit?
They basically said, no, you're going to have to do
something on your own. And we will or we can, but we'd
prefer to do it through the county. And so that's the issue.
Don't know if you can do anything.
But today there's a barge there to remove the old dock,
which has been there for a long time, and building this new
dock.
And we want to be neighborly. Mind you, we are a
community, and we basically all get along. But our interest is
in the association, which has this amenity in the middle of our
community for the 165 homes.
So anyways, that's the issue. And I really appreciate your
time. And if you could put an agenda on the Veterans
Memorial, I'd greatly appreciate it. Thank you.
CHAIRMAN LoCASTRO: Sir, who are you conversing
with at the county when you said, you know, you send emails to
the county? Who is the person?
And then my understanding is this is in Commissioner
Hall's district, so he might have a comment. But can you
inform us?
MR. FEE: Gotcha. It's always been through Permitting
and, of course, through CityView, the citizens can see all the
comments, all the reviewers. Specifically, this correction letter
is from a reviewer in Zoning, Stephanie Nowrocki. Of course,
she answers to and works for Cormac Giblin. And we even
sent it up to Jamie French. So we've -- and we sent it to the
June 13, 2023
Page 39
homeowner as well as the representatives, the marine company
doing it.
Our fear is that this is going to move ahead, and then we'll
have no recourse. So we're trying to do it in the manner that
helps everyone, okay.
CHAIRMAN LoCASTRO: Okay. I don't know if
Commissioner Hall has something, but we have staff here that's
obviously heard your presentation. So, you know, you've come
to the nucleus of Collier County Government and presented your
issue.
I don't know. Commissioner Hall.
COMMISSIONER HALL: So, Mr. Fee, just to clarify,
you have -- you mentioned Veterans Memorial, the road, and
then you --
MR. FEE: Yes.
COMMISSIONER HALL: -- mentioned the dock. So
what exactly were you wanting on Veterans Memorial?
MR. FEE: Well, I came today not -- not going to speak on
this dock issue. I was just going to ask the commissioners if
they could do an update. Obviously, the new high school will
open in another month. There's a roadway that is, I'll say,
halfway completed.
I call it the "Veterans Memorial Driveway," okay. Many
of you have seen emails, and they may -- they may seem out of
the order. But the community is really anxious for that
roadway to get built.
I was told recently in an email that one and a quarter mile
out to 41 would not be completed until 2028. That's five years
of the residents who live on this side -- on the Wiggins' side
having to travel Bonita Beach Road and Immokalee
Road/Livingston to get over to the high school. That's a lot of
June 13, 2023
Page 40
students.
So, basically, I wanted to say, can you do anything to get
things sped up? I know there's a railroad issue. I know that
there's also some ponding issues. And that's -- so if there's
some kind of an update, at least people could come and hear
what's going on on that road.
COMMISSIONER HALL: Thank you. We'll have
somebody get in contact with you about the dock as well.
MR. FEE: Perfect. Thank you so much.
MR. MILLER: That was all of our registered speakers,
Mr. Chairman.
CHAIRMAN LoCASTRO: All right. Thank you.
Okay. I guess we'll keep moving to 9A.
Item #9A
ORDINANCE 2023-29: RECOMMENDATION TO APPROVE AN
ORDINANCE AMENDING THE BCHD 1 COMMERCIAL
PLANNED UNIT DEVELOPMENT (CPUD), BY ADDING 2.69
ACRES± TO THE CPUD; ADDING 130,000 SQUARE FEET OF
INDOOR SELF-STORAGE AND REDUCING COMMERCIAL
USES FROM 200,000 SQUARE FEET TO 100,000 SQUARE FEET
OF GROSS FLOOR AREA. THE PROPERTY IS LOCATED
APPROXIMATELY ONE-HALF MILE NORTH OF RANDALL
BOULEVARD ON THE WEST SIDE OF IMMOKALEE ROAD,
IN SECTION 22, TOWNSHIP 48 SOUTH, RANGE 27 EAST,
WITH THE ENTIRE PUD CONSISTING OF 21.82 ACRES.
(COMPANION TO ITEM #9B) [PL20220003428] - ORDINANCE
2023-29: MOTION TO APPROVED W/CHANGES AS
DISCUSSED BY COMMISSIONER MCDANIEL; SECONDED
BY COMMISSIONER KOWAL – ADOPTED 5/0
June 13, 2023
Page 41
Item #9B
ORDINANCE 2023-30: RECOMMENDATION TO APPROVE AN
ORDINANCE AMENDING THE RURAL GOLDEN GATE
ESTATES SUB-ELEMENT OF THE GOLDEN GATE AREA
MASTER PLAN ELEMENT AND RURAL GOLDEN GATE
ESTATES FUTURE LAND USE MAP TO REVISE THE
IMMOKALEE ROAD - ESTATES COMMERCIAL SUBDISTRICT
TO ADD 2.69± ACRES TO THE SUBDISTRICT; TO ALLOW
130,000 SQUARE FEET OF GROSS FLOOR AREA OF INDOOR
SELF-STORAGE; AND TO REDUCE COMMERCIAL USES
FROM 200,000 SQUARE FEET TO 100,000 SQUARE FEET OF
GROSS FLOOR AREA. THE SUBJECT PROPERTY
CONSISTING OF 21.82± ACRES IS LOCATED
APPROXIMATELY ONE-HALF MILE NORTH OF RANDALL
BOULEVARD ON THE WEST SIDE OF IMMOKALEE ROAD, IN
SECTION 22, TOWNSHIP 48 SOUTH, RANGE 27 EAST,
COLLIER COUNTY FLORIDA. (COMPANION TO ITEM #9A)
[PL20220003426] - ORDINANCE 2023-30: MOTION TO
APPROVED W/CHANGES AS DISCUSSED BY
COMMISSIONER MCDANIEL; SECONDED BY
COMMISSIONER KOWAL – ADOPTED 5/0
MS. PATTERSON: Commissioners, that brings us to
Item 9A and its companion Item 9B. This item requires that all
participants be sworn in and ex parte disclosure be provided by
commission members.
This is a recommendation to approve an ordinance
amending BCHD1 Commercial Planned Unit Development by
adding 2.69 acres, plus or minus, to the CPUD, adding 130,000
June 13, 2023
Page 42
square feet of indoor self-storage, and reducing commercial uses
from 200,000 square feet to 100,000 square feet of gross floor
area.
The property is located approximately one-half mile north
of Randall Boulevard on the west side of Immokalee Road in
Section 22, Township 48 South, Range 27 East, with the entire
PUD consisting of 21.82 acres.
Its companion item, 9B, is a recommendation to approve an
ordinance amending the Rural Golden Gate Estates Sub-Element
of the Golden Gate Area Master Plan Element and Rural Golden
Gate Estates Future Land-Use Map to revise the Immokalee
Road Estates Commercial Subdistrict to add 2.69 plus-or-minus
acres to the subdistrict, to allow 130,000 square feet of gross
floor area of indoor self-storage, and to reduce commercial uses
from 200,000 square feet to 100,000 square feet of gross floor
area.
The subject property consisting of 21.82 plus-or-minus
acres is located approximately one-half mile north of Randall
Boulevard on the west side of Immokalee Road in Section 22,
Township 48 South, Range 27 East, Collier County, Florida.
And this does require swearing in.
THE COURT REPORTER: Do you swear or affirm the
testimony you will give will be the truth, the whole truth, and
nothing but the truth?
(The speakers were duly sworn and indicated in the
affirmative.)
COMMISSIONER McDANIEL: Ex parte.
MS. PATTERSON: Ex parte. Yeah, thank you. Ex
parte disclosure from the commissioners, please, on this item
before we get started.
CHAIRMAN LoCASTRO: Commissioner Kowal, on 9A
June 13, 2023
Page 43
and 9B.
COMMISSIONER KOWAL: Yes. I have meetings and
emails.
CHAIRMAN LoCASTRO: Okay. Commissioner
Saunders.
COMMISSIONER SAUNDERS: Thank you,
Mr. Chairman. I've had emails and some meetings as well on
both of these items.
CHAIRMAN LoCASTRO: Okay. Commissioner Hall.
COMMISSIONER HALL: I have meetings only.
CHAIRMAN LoCASTRO: Commissioner McDaniel.
COMMISSIONER McDANIEL: As well, myself.
CHAIRMAN LoCASTRO: Okay. And I've had
meetings and emails.
MS. PATTERSON: All right. Thank you, gentlemen.
MR. DAVIES: Thank you, Madam County Manager.
Good morning, Commissioners. Noel Davies with the law
firm of Davies Duke on behalf of the applicant, BCHD Partners
1, LLC -- BCHD1 Partners, LLC, excuse me, which is an
affiliate of the Barron Collier Companies.
With me today is Chris Scott, our land-use planner with
Peninsula Engineering; Bruce Layman, with Peninsula
Engineering, is our ecologist; and Jenna Woodward, with
Peninsula, is our civil engineer.
The project was unanimously approved in 2021, and we've
come back for a slight amendment. What's before you today is
our amendment to the existing PUD and the corresponding
Growth Management Plan amendment.
The project is located on the west side of Immokalee Road
where it turns north at Randall. We're at the existing traffic
signal at Orange Tree Boulevard and Immokalee Road.
June 13, 2023
Page 44
Since the 2021 approval, we are requesting that the 200,000
square feet of C-3 commercial be exchanged for 100,000 square
feet of commercial and 130,000 square feet of self-storage, and
we're requesting to add just over two and a half acres to the
project boundary at the north end. Because the self-storage use
has less trips than traditional C-3 uses, this reduces the overall
intensity of the project.
At our Planning Commission hearing, we were requested to
reduce our trip cap with the corresponding reduction in intensity.
My client was agreeable to that change, and we have worked
with your staff to memorialize it. We've also worked closely
with staff with respect to their request for an enhanced buffer.
My client is willing to provide a 6-foot-high opaque fence
in the location requested by staff, which is the southwest corner
of the property. This is in addition to the standard Type B
buffer. We do appreciate the opportunity to work with staff.
And with that agreement in place, there are no other open items
with county staff.
I will now turn it over, if I may, to Mr. Scott to walk you
through the rest of our presentation. I'll remain available for
questions.
Thank you very much, Commissioners.
MR. SCOTT: Good morning. For the record, Chris Scott
with Peninsula Engineering. I'll be as brief and quick as
possible but give an overview of the project.
As Noel mentioned, this PUD and the subdistrict within the
Growth Management Plan were originally approved in April '21.
The total square footage of 200,000 square feet of commercial
use was permitted. That included C-1 through C-3 uses as well
as indoor self-storage. It was approved for a maximum of 681
trips. The amendment really focuses on the north side of the
June 13, 2023
Page 45
development.
The applicant -- the owners were looking to reconfigure
some of the developable land. There was a purchase of
2.69 acres immediately to the north, and they reconfigured some
commercial and preserve area.
With that, they've also reduced the total square footage
from 200,000 to identify what is allowed for self-storage,
separate from other commercial. It does not change any of the
permitted uses or the development standards within the PUD. It
actually results in a reduction in net trips, and it doesn't really
affect the southern side of the PUD.
This is the existing MCP on the left side of the screen, and
the proposed to the right. The additional land is all on the north
side, adjacent to Immokalee Road.
Here's the existing approved subdivision. This one's in
color, a little bit easier to see, so you can see. Previously, there
were two smaller outparcel tracts on the north side of
Orangetree. The developer was looking at a potential to put in
a smaller hardware anchor shopping center, needed to
reconfigure that land, so the additional land was to primarily add
preserve and reconfigure that commercial tract.
There is one deviation proposed with the PUD. Currently,
the Collier County Land Development Code's architectural
standards would require a certain percentage of parking to be to
the side or rear of a building. This site, we are required to
provide access to the north, and it was tight. And with the
preserve on the rear, we're asking for a deviation to be allowed
to keep the parking adjacent to the six-lane Immokalee Road and
not on the rear side of the commercial shopping center where it
would be a little further away from the existing residents in the
Estates.
June 13, 2023
Page 46
As Noel mentioned, we did go through Planning
Commission with a recommendation for approval. They had
asked us to reduce the trip cap, and staff and the Planning
Commission also asked for enhancements within the buffer that
are highlighted on the screen.
We have reduced the trip cap. Again, it goes from 681
trips originally approved to 475 with this amendment.
And we have agreed to provide some opaque fencing,
again, along this western boundary within the Type B buffer.
And with that, I will open it up to questions. Thank you.
CHAIRMAN LoCASTRO: Any commissioner have any
questions?
Mr. Bosi, why don't you -- I've got a question for you, if
you can just give us the staff's recommendation or summary
of -- just for the record.
MR. BOSI: Good morning, Commissioner. Mike Bosi,
Zoning director.
Staff was in review of the GMP as well as the PUD. It
was that one section, that western section, the southwestern
section that we were a little concerned with.
The potential for light spillage, because of the way that the
Site Development Plan would have been developed, we'd have
parking places directly pulling into the rear of the -- of those
Estates lots. One's developed. Two are undeveloped. We
thought better protection would be able to have a wall or an
opaque fence with some enhanced landscaping.
Through negotiations with their agents, they've agreed to
that -- to the opaque fence. And it's really to prevent that light
spillage onto the residential properties. It's unique in the sense,
if it was a residentially zoned, it would require a wall. Our
code, because the Estates is a derivative of the agricultural
June 13, 2023
Page 47
zoning district, the wall doesn't kick in. So we found a
compromise with the agents in terms of the opaque fence.
We're satisfied that it will accomplish what -- the goal that staff
is looking for.
We have a recommendation from the Planning Commission
for addressing the enhanced buffer. We think it satisfies it.
We know it's consistent with the GMP, and we know it's a
project that's going to bring a diversity of land uses to an area
that has a growing population.
So, therefore, it has -- it's going to have some benefits from
a transportation standpoint of shortening trip lengths that
currently would occupy more of our transportation system.
So with that, staff would recommend support with the
modifications.
CHAIRMAN LoCASTRO: Mr. Miller, do we have public
comment?
MR. MILLER: Yes, sir. I have one registered public
speaker, John Pelletier.
MR. PELLETIER: Good morning, Commissioners. Yes,
my name's John Pelletier, and I've lived on this -- the Fourth
Street Northeast for 30 years, which is right directly behind this
property.
I'd like to speak to you today about the width reduction of
the preserve and the proposed landscape buffering.
As you could see, in the pink is what we were promised
two years ago in 2021 at an informational meeting. Nice, big,
thick buffer. And you can see, the yellow Golden Gate Estates
lots right directly behind there.
So that's what was approved. And now we're getting this
little one right here, and the commercial's getting pushed much
closer to our lots. So that is my contention here that I'd like to
June 13, 2023
Page 48
speak to you about.
The next one --
CHAIRMAN LoCASTRO: What's the difference in
width, you know, I mean, ballpark?
MR. PELLETIER: If I had to guess, probably 3-, 400 feet,
now 150. You know, just -- maybe these gentlemen know.
So the location of the supplemental buffer, from my
understanding, I thought that was supposed to be a concrete wall
and, also, my understanding was additional trees, three-cluster
palms between the buffer. Am I wrong at that?
COMMISSIONER McDANIEL: We'll find out in a
minute.
MR. PELLETIER: Okay. So this is the Type B buffer
that is behind where we're talking about and, as you can see,
right straight through, that building there, and the trees are there,
but there's a big gap between there.
So -- and, again, my understanding was that there was
supposed to be trees between the required buffer trees, which I'll
show you next. So this would be three trees within that area.
So I don't know if I'm right or wrong by that.
Anyways, my one request would be to -- if I could -- real
quick. That area around the water management, if you could
add some trees also there. And that's what you have, a house
right there looking right straight in, so that's the reasoning for
that buffer request.
Thank you.
CHAIRMAN LoCASTRO: Okay. Thank you, sir.
Mr. Bosi, do you have comments on what the citizen just
presented?
Same thing to you, Mr. Davies.
MR. BOSI: Mike Bosi again, Planning and Zoning
June 13, 2023
Page 49
director.
The recommendation that was -- that came from the
Planning Commission was for an enhanced buffer with a wall
and a trio of palms. Through the negotiations with the -- with
the applicant, staff felt comfortable with -- the opaque fence
provided enough opacity towards where the visual screening
was going to be accomplished.
We've always -- we can -- we can always augment
the -- the fence with additional trees, but I'm not sure if that's
going to provide for additional screening other than maybe it's
more related to beautification.
The argument from the applicant was the request was to
modify/add area to the northern areas. They weren't really
addressing this southern area, and they already had a client with
an approved SDP, so we found that compromise was the best
route that we wanted to go. But that's, obviously, the discretion
of the -- or the Board of County Commissioners as to what the
final decision will be.
CHAIRMAN LoCASTRO: Okay. Mr. Davies, do you
have any additional comment?
MR. DAVIES: I'll be brief, Mr. Chairman. Thank you.
I just want to make sure that the Commission understands
that working with the community and certainly with county staff
is very important to my client. It's something that they've done
since Day 1 as they went through the process before the 2021
approval and throughout the process from then until now
making a significant number of just revisions to the project to
accommodate various requests that we have had, and so with
that, this latest -- just this latest opportunity to be a good
neighbor relates to the opaque fencing, which the client's
agreeable to.
June 13, 2023
Page 50
And I have nothing further, Mr. Chairman. Happy to
answer any questions.
CHAIRMAN LoCASTRO: Commissioner McDaniel.
COMMISSIONER McDANIEL: Two questions.
MR. DAVIES: Yes, sir.
COMMISSIONER McDANIEL: Well, maybe two. I
think I have three written down.
Number one, on the new site plan, you're showing an
access road going to nowhere to the north. There's not another
cross-street coming out of Golden Gate Estates on that access
road to the north. And what's the proposition for the
interconnection there?
MR. DAVIES: This here, Commissioner?
COMMISSIONER McDANIEL: That.
MR. DAVIES: Yeah. This relates back to the approval
in '21 as a staff requirement to interconnect to the north, and also
there's one to the south.
COMMISSIONER McDANIEL: Interconnect to the
what? That's my question. It's -- that's a residentially zoned
piece of property to the north, if I'm not mistaken.
MR. SCOTT: For the record again, Chris Scott.
COMMISSIONER McDANIEL: Trinity's coming behind
you to save you.
COMMISSIONER HALL: Here comes Trinity.
MR. SCOTT: Oh, perfect. I'll let Trinity -- no relation
either.
MS. SCOTT: For the record, Trinity Scott, Transportation
Management Services department head.
Yes, sir, it is a vacant residential piece, but with all PUDs
we like to have an arrow as a potential for a future
interconnection. Should someone desire to develop that lot,
June 13, 2023
Page 51
even with a single-family home, they may like to have access to
the traffic signal. That would be something that we would
work with them on.
But if we don't have the arrow on the master plan, it would
require an insubstantial change in the future. So not knowing
what will happen in the future, we wanted to have that potential
interconnection.
COMMISSIONER McDANIEL: Does that proposition
reduce the buffering to the north side if there is a residence
there? I mean, are they required to clear it and show it as a
potential access point? I -- because I see it -- what I see
as -- why are you looking at me like that?
MS. SCOTT: No, I was looking at this and then coming
up, focusing on you.
COMMISSIONER McDANIEL: Okay. I see it as creep.
We're providing for an expansion of the commercial area.
That's one of the requests here today, changing of the use,
amendment of the Comp Plan, and access road going to the
north to a residentially zoned piece of property that's not part of
this particular development. And I see, then, it does trigger
within the Comp Plan, because that property owner is now
contiguous to a nonresidential use. It triggers their capacity to
ask for -- not receive, but ask for a Comp Plan amend- -- I
looked at Mr. Bosi when I said that -- to ask for a Comp Plan
amendment to adjust the zoning on that piece.
So -- and I understand the rationale behind having an
access point. If that does come in and it is approved, it's better
to have the interconnection and allow for that to transpire. I
just don't want to negatively impact a future board's decision on
the utilization of that site if the developer were to go and whack
the trees and provide for an access road to a residentially zoned
June 13, 2023
Page 52
piece of property. Maybe that guy -- because people get to go
both ways on those access roads. Maybe those folks don't -- are
not interested in having that access road.
MS. SCOTT: So we would not require that they build the
access road as part of the Site Development Plan. It would
mean that they just need to have the easement available. We
have the similar situation -- I know it is all commercial
properties -- but along Pine Ridge Road, north of Pine Ridge
Road by I-75. So we like to have those easements in place,
because my crystal ball is probably not as good as your crystal
ball, sir.
But should someone come on in the future, we like to have
those easements in place to have them available, because if a
future board would allow for commercial to extend through a
Growth Management Plan amendment, through their zoning,
certainly reducing access points on Immokalee Road would be a
goal and having access to the traffic signal as well.
COMMISSIONER McDANIEL: Well -- and then there,
again access to the traffic signal is acquired by the next street to
the north. They all get to Immokalee Road.
Now, I can also see a safety and soundness issue
transpiring with an initial access road. If there were any reason
to have an accident or something out here on Immokalee Road,
there is an interconnection from this site all the way through to
the southerly end of the 47 acres that's also contiguous to this.
So I can see the -- I just -- I just was expressing a concern that it
was setting up the premise of a future commercial development
to the north, and I didn't want to allude to a pre-approval of
something that isn't there.
MS. SCOTT: No, sir.
COMMISSIONER McDANIEL: Number one.
June 13, 2023
Page 53
Number two, I have a question on the buffering side of
things. Who's my -- and I don't know -- I think Mr. Bosi,
somebody with staff with regard to Mr. Pelletier's comments
with regard to a Type B.
The picture he was showing was a rather scant Type B, and
I was assured by you and Mr. French yesterday that that Type B
was sufficient for what staff's requisites were. There you go.
Troy's got a security alert you on. There you go.
MR. BOSI: And that is a Type B at the time of
installation. And are where staff feels that there was concern,
and the whole reason why we asked for a wall or an opaque
fence, was because within your first two years, you're not going
to get the opacity that you're really looking for. And we felt the
augmentation with a solid fence that would prevent the visual
intrusion, prevent the light intrusion, would be supplemented by
the vegetation to soften the feel of the fence, and we thought that
was adequate to provide for, you know, the type of screening
that would be traditionally associated when you have a
commercial project next to residential projects.
COMMISSIONER McDANIEL: So once this grows in,
the maturity of a Type B will be -- along with the opaque fence
or wall.
MR. BOSI: Yes.
COMMISSIONER McDANIEL: I mean, I know the
proposition started off as a wall, and an opaque fence would
effectively do the same thing to provide for that opacity. And
once this particular Type B buffer grows in, you feel it would be
sufficient?
MR. BOSI: Staff feels it would be sufficient when
augmented with the wall or with the opaque fence.
COMMISSIONER McDANIEL: Okay. And then
June 13, 2023
Page 54
last -- and then my last question is, who knows for sure
around -- because I know there was a lot of negotiations with the
neighbors to the west with regard to that retention pond, size of
the pond, location, trading of land and easements and so on and
forth. Is there any landscape requisite around the berm of that
pond?
MR. BOSI: I believe that traditionally would be a type -- a
Type B buffer I believe, is what would be required.
COMMISSIONER McDANIEL: All right.
MR. BOSI: Around the entire perimeter.
COMMISSIONER McDANIEL: Mr. Pelletier showed a
pile of dirt around the pond, around the retention point. It's not
planted yet.
MR. BOSI: That's at the beginning of the state.
Normally, landscaping would be towards the tail end of the
process.
COMMISSIONER McDANIEL: But there is a Type B
buffer around that retention pond as well?
MR. BOSI: Correct.
COMMISSIONER McDANIEL: Okay. And then last,
but not least, the reduction. If someone could put the old and
new site plan back up. That one there. That one there. Yes.
Yes, that one there.
I had missed this when I was reviewing this as, is there
sufficient vegetation in the reduction of the buffer to the west to
provide for that opaqueness, or do we need to give consideration
to fencing there as well? Because I see there's -- what are you
guys doing? You're kibitzing. There's an expansion to some
of the buffering to the north, but a reduction in the east/west
buffer, the buffer that's over there to the west between the
retention pond and the new proposed commercial.
June 13, 2023
Page 55
MS. COOK: Jaime Cook, your director of Development
Review.
So during the review of this, Environmental staff looked at
the preservation requirements, and they are meeting the
preservation requirements. Additionally, there will be a buffer
to the west of the retention pond as well as to the east of the
preserve. So there will actually be two buffers on their master
plan between the commercial and the residential behind them.
COMMISSIONER McDANIEL: If I can say this in Billy
terms, there's going to be a buffer over on the west side between
the residential and the retention pond, and then there's going to
be an additional buffer on the east side of the reduced preserve
that was -- and I'm using Mr. Pelletier's words. It was 400 feet
now it's 150 or 2?
MS. COOK: It's about 270 right now.
COMMISSIONER McDANIEL: It's about 270, okay.
And it was -- it originally was?
MS. COOK: About 450.
COMMISSIONER McDANIEL: And the requisites
within the GMP are a minimum of 75, if I recall?
MS. COOK: Correct.
COMMISSIONER McDANIEL: Okay. So it's almost
three times the size of the required buffer that we would -- that
we would normally --
MS. COOK: Correct. And with that preserve, when they
do remove the exotics, if any supplemental plantings are
required to increase that opacity, they would be planned prior to
CO or site approval.
COMMISSIONER McDANIEL: And those two buffers
that are there on the west side of the retention pond and on the
east side of the preserve are a Type B as well?
June 13, 2023
Page 56
MS. COOK: Yes.
COMMISSIONER McDANIEL: Okay. I have no other
questions.
CHAIRMAN LoCASTRO: The only thing I was going to
add is, you know, I get concerned sometimes with the lack
of -- I don't see sometimes -- all the time with the lack of
specificity. And I'm just -- I'm not talking to you, Mr. Davies.
I'm just saying in generic terms. When we just talk about, yeah,
there's going to be enhanced landscape or it's going to be an
opaque fence, an opaque fence can be chicken wire, you know,
covered with tinfoil. All's I would say -- and I'm being
somewhat sarcastic but, to make the point is, I don't have a
problem with recommending approval of this, but I would just
say -- and we are dealing with -- with an applicant and legal
counsel that we worked with before so it's -- you know, we have
a relationship here.
I would just say to staff, the citizen makes a valid point
about, you know, buffering and landscape and the advantages
and the positives that it provides. So I would just say to staff if,
in fact, this does go forward with approval, you know, my
expectation, and I think it's the expectation of all of us, is that,
you know, we lean forward on the specificity, and we make sure
the quality of the fencing and the landscape -- we have had some
applicants before that have let us down, and then we've had
citizens that have come back here and say, you know, we
expected, you know, trees of a certain height, and when we went
out there, it was a bunch of dead bushes.
I'm not saying that's what this applicant's going to do. But
just as a proactive measure, just -- you know, this is a very tight
area, and a little bit of reduced landscape and a fence that's not
so opaque or as high of a quality could really make a big
June 13, 2023
Page 57
difference if it's not done well and not done right. And I expect
that, you know, Mr. French and his team and we'll be on top of
this one.
Do you have any comments at all, Mr. French, on what's
being recommended and the quality of what --
MR. FRENCH: Yes.
CHAIRMAN LoCASTRO: -- we would see there if this
was approved?
MR. FRENCH: So maybe just to offer a little clarification
in an attempt to help our staff and the Board.
Again, for the record, Jamie French with -- department
head for Growth Management.
There's a minimum amount of space that they have to have
for their preserve. So they've rearranged -- or reoriented some
buildings, and that's the deviation that they're seeking if you
look to the right. That's exactly what Mr. Scott talked about.
He wants to put his parking to the front. So now he's going to
have a building offer, perhaps an anchor, some more massing.
And there is a preserve requirement. So they're going
to -- from time to time, those preserves are going to get thinned
out because they're going to be required to maintain all the
exotics to make sure that that urban -- or that -- the species that's
currently there delve [sic] off our water flow.
And they're also going to have to plant and maintain their
buffers. Now, what they maintain their buffers at, as far as the
height, those hedges have to come in. I believe they're at five
feet, and that their trees are spaced out 25 feet. This is all new
planting, and although we appreciate the photos that were
provided, we're pushing dirt at this point, so to speak. We don't
have a final product, nothing's been installed. And then over
time those will grow in, and they'll be required to maintain
June 13, 2023
Page 58
those; otherwise, we'll utilize Code Enforcement to make sure
they do.
The enhanced buffer, if we were to go to an enhanced Type
B buffer, typically those are just a double hedge row, so we're
going to have double new bushes. But they're still the
plantings. They may stagger them off. But the intent really
was, from staff -- our goal yesterday in speaking with all of you
and speaking with the applicant, is we want to do everything we
can to keep car lights out of backyards and show that separation.
Unfortunately, there is no good code that provides us any
guidance other than what currently exists within the residential
areas when you have commercial abut a residential use. The
Estates is a primary residential use with an agricultural type of a
use to it, but the primary use is residential. We recognize that
there's 75-foot setbacks, but that's not going to prevent those
future property owners from moving their house all the way to
the back, you know, to maintain 75 feet off the rear and,
perhaps, that's the acre they clear because they want a longer
driveway. There's plenty of that in the Estates.
So it's a balance. We recognize that this was approved at
an earlier board meeting in '21, and they're coming in. They've
reopened the PUD, so we felt like it was a good opportunity to
try to offer some additional protections to those neighbors that
are currently there. But the developer can move forward with
what's already been approved. They're just coming in to
augment it, and we're asking for some additional protections for
the community.
CHAIRMAN LoCASTRO: Thank you.
Any further questions?
(No response.)
CHAIRMAN LoCASTRO: Okay. Do I have a motion?
June 13, 2023
Page 59
COMMISSIONER McDANIEL: Make a motion to
approve with the adjustments that have been agreed upon.
CHAIRMAN LoCASTRO: Okay. I've got a motion to
approve. Do I have a second?
COMMISSIONER KOWAL: I'll second it.
CHAIRMAN LoCASTRO: Motion to approve and a
second. All in favor?
COMMISSIONER HALL: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN LoCASTRO: Aye.
COMMISSIONER KOWAL: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN LoCASTRO: Opposed?
(No response.)
CHAIRMAN LoCASTRO: It passes unanimously.
Okay. I think we're at our 10:30 break, and this will be a
good buffer as a break. So we'll break until 10:45.
COMMISSIONER HALL: A buffer, a break buffer.
(A brief recess was had from 10:30 a.m. to 10:45 a.m.)
MS. PATTERSON: Chair, you have a live mic.
CHAIRMAN LoCASTRO: Okay. We're moving on to
9C?
Item #9C
ORDINANCE 2023-31: RECOMMENDATION TO APPROVE AN
ORDINANCE AMENDING THE COLLIER BOULEVARD MIXED
USE COMMERCE CENTER PLANNED UNIT DEVELOPMENT
(PUD), TO INCREASE THE MAXIMUM NUMBER OF
DWELLING UNITS BY 413 FOR A TOTAL OF 846 DWELLING
UNITS FOR THE PUD AND BY CHANGING THE
June 13, 2023
Page 60
COMMERCIAL TRACT TO THE COMMERCIAL TRACT-MIXED
USE. THE SUBJECT PROPERTY IS LOCATED IN THE
ACTIVITY CENTER #9 OVERLAY AND WITHIN SPECIAL
TREATMENT WELLFIELD ZONE 4 (ST/W-4), WEST OF
COLLIER BOULEVARD AND SOUTH OF MAGNOLIA POND
DRIVE; IN SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 70.00±
ACRES; AND BY PROVIDING AN EFFECTIVE DATE.
(COMPANION TO ITEMS #16B1 & #17B) [PL20210000419] -
ORDINANCE 2023-31: MOTION TO APPROVE W/CHANGES
THAT INCLUDE THE ORIGINAL USES AND ROAD
ALIGNMENTS BY COMMISSIONER HALL; SECONDED BY
COMMISSIONER MCDANIEL – ADOPTED 5/0
Item #9D
ORDINANCE 2023-32: RECOMMENDATION TO APPROVE AN
ORDINANCE AMENDING THE GOLDEN GATE COMMERCE
PARK PLANNED UNIT TO CHANGE THE COMMERCIAL
TRACTS TO COMMERCIAL MIXED-USE TRACTS AND BY
ADDING FABRICATED METAL PRODUCTS AS A PERMITTED
USE IN THE COMMERCIAL MIXED-USE TRACTS. THE
SUBJECT PROPERTY IS LOCATED ON THE WEST SIDE OF
C.R. 951 AND NORTH OF I-75, CONSISTING OF 74.2± ACRES
IN SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA. (COMPANION TO ITEMS #16B1
& #17A) [PL20210000150] - ORDINANCE 2023-32: MOTION TO
APPROVE W/CHANGES BY COMMISSIONER HALL;
SECONDED BY COMMISSIONER MCDANIEL – ADOPTED 5/0
Item #11B
June 13, 2023
Page 61
RECOMMENDATION TO APPROVE AND EXECUTE A
SECOND AMENDMENT TO DEVELOPER AGREEMENT WITH
VICTORIA ESTATES, LTD., MAGPOND, LLC, AND I-75
ASSOCIATES, LLC (COLLECTIVELY REFERRED TO AS
“DEVELOPER”), IN ORDER TO COORDINATE THE
DEVELOPER’S PROJECT WITH THE DESIGN AND
CONSTRUCTION OF THE COLLIER BOULEVARD WIDENING
PROJECT. (COMPANION TO ITEMS #17A & #17B) - MOTION
TO APPROVE W/CHANGES BY COMMISSIONER HALL;
SECONDED BY COMMISSIONER MCDANIEL – APPROVED
5/0
MS. PATTERSON: 9C, 9D, and 11D, all companion items.
CHAIRMAN LoCASTRO: All together.
MS. PATTERSON: Yep. Let me start with 9C.
Formerly 17A.
COMMISSIONER McDANIEL: One quick question.
MS. PATTERSON: Yes, sir.
COMMISSIONER McDANIEL: I didn't specify in my
motion for the approval of 9A and B. Do I need to specify that,
County Attorney?
MR. KLATZKOW: I thought you did, but if you want to
clarify the record.
COMMISSIONER McDANIEL: We were hearing them
both at the same time.
MS. PATTERSON: Yes, sir.
COMMISSIONER McDANIEL: I just wanted to make
sure we weren't in a technical difficulty.
MS. PATTERSON: Same for this one, these will all be
companion items, 9C, 9D, and 11B.
June 13, 2023
Page 62
9C requires that participants provide -- or be sworn in and
ex parte disclosure be provided by the commission members.
This is a recommendation to approve an ordinance
amending the Collier County Mixed -- the Collier Boulevard
Mixed-Use Commercial Center Planned Unit Development to
increase the maximum number of dwelling units by 413 for a
total of 846 dwelling units for the PUD, and by changing the
commercial tract to a commercial tract mixed-use.
The subject property is located in the Activity Center No. 9
overlay and within Special Treatment Wellfield Zone 4, west of
Collier Boulevard and south of Magnolia Pond Drive in Section
34, Township 49 South, Range 26 East, Collier County, Florida,
consisting of 70 plus or minus acres and providing an effective
date.
Item 9D also requires ex parte disclosure be provided by
the commission members and all participants be sworn in. This
is a recommendation to approve an ordinance amending the
Golden Gate Commerce Park Planned Unit to change the
commercial tracts to commercial mixed-use tracts and by adding
fabricated metal products as a permitted use in the commercial
mixed-use tracts.
The subject property is located on the west side of County
Road 951 and north of I-75 consisting of 74.2 plus or minus
acres in Section 34, Township 49 South, Range 26 East, Collier
County, Florida.
And, finally, 11B formerly 16B1, is a recommendation to
approve and execute a second amendment to developer
agreement with Victoria Estates Limited, Magpond, LLC, and
I-75 Associates, LLC, collectively referred to as "the
developer," in order to coordinate the developer's project with a
design and construction of the Collier Boulevard widening
June 13, 2023
Page 63
project.
Commissioners, ex parte disclosure on these items.
CHAIRMAN LoCASTRO: Commissioner Kowal, do you
have any?
COMMISSIONER KOWAL: I have no ex parte.
CHAIRMAN LoCASTRO: Commissioner Saunders?
COMMISSIONER SAUNDERS: I have no ex parte as
well.
CHAIRMAN LoCASTRO: Commissioner Hall.
COMMISSIONER HALL: I have none.
CHAIRMAN LoCASTRO: Commissioner McDaniel.
COMMISSIONER McDANIEL: Nor do I.
CHAIRMAN LoCASTRO: And I have none either.
Proceed.
MS. PATTERSON: We need to swear in the participants,
please.
THE COURT REPORTER: Do you swear or affirm the
testimony you will give will be the truth, the whole truth, and
nothing but the truth?
(The speakers were duly sworn and indicated in the
affirmative.)
MS. PATTERSON: Thank you.
Gentlemen.
MR. DiMARIA: Thank you very much.
Good morning, Chair, Vice Chair, Board of County
Commissioners. My name's Philip DiMaria. I'm a certified
planner with the engineering firm of Kimley-Horn.
With me today also is Becca Bond. She's a transportation
engineer by trade; and Alyssa Flandermeyer, who's a planner by
trade, and we're here also with an agent from the developer,
Todd Mathes, with both New Magpond, LLC, and I-75
June 13, 2023
Page 64
Associates, LLC, who are subsidiaries of Benderson
Development, the owner of the properties in question today.
And so a brief summary of the request. We're before you
today requesting two amendments in the same geographic area,
the northwest quadrant of the interchange of Collier Boulevard
and I-75. These PUDs that you'll see in the next few screens,
they're located adjacent to one another, and from south to north,
they're referred to as the Collier Boulevard PUD and the Golden
Gate PUD.
We're requesting amendments to both PUDZ for slightly
different things. The first is an amendment to the Collier
Boulevard Planned Unit Development to rename the area that's
slated currently for commercial development and renaming that
to a commercial mixed-use district to reinforce the proposed
uses that would include the permission for multifamily uses in
addition to the existing heavy commercial uses on the site in that
district and then, secondly, in the Golden Gate PUD, renaming
the commercial district to a mixed-use district as well and
permitting those fabricated metal product uses in addition to
heavy commercial uses allowed currently, as well as some
requests to deviate from the code to provide the flexibility
needed to implement the end-user that is currently slated for the
land.
In addition to that, there are just some minor what we call
housekeeping changes that would update references to both the
GMP, the LDC, as well as the developer commitment language
that you've seen before you.
Very good. This is just an aerial located -- these two
PUDZ are located, once again, in that northwest quadrant.
There's quite a bit going on. It's a dynamic area with the
Paradise Coast Sports Complex under construction and nearing
June 13, 2023
Page 65
completion to the east, along with the Wolf's Lodge, the Uline
Shipping Supplies, City Gate Commerce Park, and the increase
in development all to the east of Collier Boulevard.
And then to the west, our direct neighbor within the PUD in
the Collier Boulevard portion, Magnolia Pond, is under
development. My understanding is you've seen a series of
applications requesting amendments to that PUD. And then to
the north there's Mike Davis Elementary School as well as the
Noah's Landing Apartments that are adjacent to the subject
property that is in discussion here today.
We'd be remiss also if we didn't mention the changes that
were publicly initiated and brought before you and adopted to
the Interchange Activity Centers No. 9, the recognition of an
Innovation Zone. This Innovation Zone, as you know,
incorporated some policies and regulations -- regulations that
would permit and encourage uses such as the fabricated metal
products that we're discussing here today on the north side but
really encourage a diverse type of employment center uses, and
both of the amendments today are really in line with that kind of
public -- publicly initiated directive.
In addition -- and Becca would be -- could assuredly speak
to it more intelligently than I could, but there are FDOT
interchange improvements slated for Collier Boulevard and I-75
at this location that will improve access and circulation and,
once again, promote that economic development that's planned
for this interchange.
All right. We'll dive into the applications one by one
before bringing them back. First is that Collier Boulevard on
the south. This was originally approved in 2001. It
incorporated approvals for 433 dwelling units primarily on the
western half of the PUD, as well as a commercial district of
June 13, 2023
Page 66
240,000, just under a quarter million square feet of retail, 30,000
square feet of office, and of 150 hotel rooms.
This is that kind of geographic outlay within that PUD.
Once again, residential primarily to the west. There's a 15-acre
preserve area. And then the focus of our amendment is on that
eastern commercial mixed-use portion you can see in front of
you in, like, a salmon color, 25.3 acres.
Currently approved within that Collier Boulevard
Mixed-Use Commerce Center PUD is a range of heavy
commercial types of development and uses. So retail, office,
hotel/motel uses at the range, as I stated previously. We've got
a list of different types just to the -- that are currently permitted
and identified within the PUD on the right side of the screen.
And, once again, this development pattern and the uses and
approvals were really typical of that early 2000s means of kind
of strip development shopping center type of development that
was envisioned. Obviously, over the course of the last 20
years, nothing has been developed on the property, and so,
really, the impetus behind the request is just allowing for
flexibility of uses.
And so, specifically, at 16 dwelling units per acre on that
25.3 commercial mixed-use portion of the project, that would
permit an additional 413 multifamily units. We've added some
development standards within to provide for compatibility.
There are no increases in maximum height or reduction in
setbacks or anything of that like. The development standards
are in line with county code and GMP requirements. And then
we amended the PUD master plan to reflect the construction of
Magnolia Pond Drive in its current configuration and to permit
access points that are both safe and effective and promote good
circulation around the project.
June 13, 2023
Page 67
This is just the list of the development standards. And,
once again, your professional staff also did an analysis and
found that the proposed development standards, as well as the
uses proposed, are consistent and would support the
employment centered focus of the Innovation Zone.
I'd also be remiss if I didn't speak to the reduced
transportation impact. Keep in mind that the prior approvals
included that heavy commercial development that's typified by
higher traffic generation. And impact fees were paid to
compensate for that anticipated impact that the commercial uses
would have in this area.
The proposed PUD amendment includes less intense land
uses in the form of those multifamily land uses, and a trip cap
was used to identify a maximum number of trips that could be
allowed and generated by the site.
But, generally speaking, residential land uses are less
intense than heavy commercial land uses and, therefore, the
proposed PUD amendment will generate fewer trips than the
existing approved PUD.
We'll move on to the north site. And I'd be happy to take
questions either at the end or, if you have any questions specific
to the southern side, I'd be happy to take them now. Your
preference.
CHAIRMAN LoCASTRO: Go ahead, Commissioner
McDaniel.
COMMISSIONER McDANIEL: Just one quick question.
If you'd put the site plan back up, if you would, please.
MR. DiMARIA: Yes, sir.
COMMISSIONER McDANIEL: It's difficult to tell
because of the SDP is not -- the Site Development Plan isn't
consummated yet. But you talked about enhanced internal
June 13, 2023
Page 68
circulation in the rationale for the shift away from commercial to
residential. But I don't see if we had a discussion in the
previous applicant interconnection between the two without
coming out onto Magnolia Pond Drive.
MR. DiMARIA: Yes, sir. Excellent question. You'll
see on this plan in front of you there is that cross-connection
aspect right -- just south of the existing lake there's --
COMMISSIONER McDANIEL: Oh, where the arrows
are?
MR. DiMARIA: Yes, sir.
COMMISSIONER McDANIEL: That's not a road.
That's just that -- there will be a road there of some sort or at
least a path of something to allow the people that live in the
residential area to get to commercial up front.
MR. DiMARIA: That's the intention, sir, yes, sir.
COMMISSIONER McDANIEL: Do -- and I'll hold my
other question for staff. Okay.
MR. DiMARIA: Absolutely.
CHAIRMAN LoCASTRO: Commissioner Hall has a
question.
COMMISSIONER HALL: Just real quick.
Philip, on the western half, is that homes, single-family
homes, or is that multifamily as well?
MR. DiMARIA: Yes, sir. That's a great question. My
understanding is that it's currently under development for a
multifamily user and not single-family homes; however, within
the PUD -- and maybe this is slightly a technical aspect, there is
a reservation for some single-family homes just for development
standards.
COMMISSIONER HALL: I just want to make sure.
Thank you.
June 13, 2023
Page 69
MR. DiMARIA: Yes, sir.
CHAIRMAN LoCASTRO: Okay.
MR. DiMARIA: Very good. All right.
Moving on to the north side. This was also approved in
the early 2000s, actually in March of 2000. This is the
Collier -- I'm sorry -- the Golden Gate Center PUD.
A similar type of approval was granted to this site with
240,000 square feet of retail, 30,000 square feet of office, and
150 hotel rooms. So once again, kind of a heavy commercial
sort of entitlement, if you will.
In addition, 343 residential dwelling units were permitted.
And there has been a development on the site both in the form of
an elementary school as well as the Noah's Landing Apartments.
You'll see on this plan -- this is the master land-use plan.
Those areas have been excluded, once again, from our
application. We're focused primarily on that eastern
commercial mixed-use portion, the 25.29 acres. You'll also see
an internal drive known as Noah's Way. That has been slated
for some sort of internal circulation that would line up within a
future connection to Collier Boulevard.
At a risk of repeating myself, there are a variety of
commercial uses that are currently permitted on site. They
range from auto and home supply stores to car washes and paint
stores. Once again, typical of that heavy commercial district
that we would see, you know, traditionally in the early 2000s.
The request is to permit fabricated metal products in the
commercial mixed-use district. My client's been in discussion
with an end-user that manufactures and assembles high
technology products associated with metal products, and that use
needed to be added to the permitted use of list uses within the
PUD. In addition to that, after working with staff, there were
June 13, 2023
Page 70
some additional updates that were needed as it related to
reconciling Noah's Way and access and circulation as well as
adding some additional development standards to ensure that
compatibility was maintained.
And after further analysis, we recognize that over time,
over the last 20 years, with the expansion of Collier Boulevard
and sort of the outlay of some of the additional development in
the area, that a few deviations were needed to permit future
development.
The first deviation seeks relief from an LDC section to
basically allow for additional types of architecture in the area.
We worked closely with Peter Shawinsky in staff to talk about
what might be appropriate, and he agreed that, from an
architectural perspective, sometimes diversity promotes a better
built environment.
Deviation 2 relates also to facades. With the additional
road that moves through the property, there was discussion
about what facades would make sense in terms of higher design
and providing the primary development areas to those primary
facades.
Lastly, Deviation 3 reconciles the fact that some property
was deeded over to the county for the construction of Collier
Boulevard, which reduced the ability for us to buffer from the
roadway.
Our intention here, after working with staff and landscape
reviewers, was to allow for the same amount of planted material
in a shorter buffer. So you're basically getting a higher-density
buffer, a higher-quality buffer along the roadway, and that -- and
that kind of was in line with the spirit of the code and the intent
of these roadway buffers as it relates to screening development
as well as providing a high-quality roadway environment.
June 13, 2023
Page 71
So quick summary of the request. Both of these
amendments are, once again, in line with the Growth
Management Plan and the Land Development Code. Your
professional staff did an excellent job writing up both staff
reports. Greatly appreciative of them. The Collier Boulevard
would allow for multifamily uses within that commercial
mixed-use district in addition to the heavy commercial uses,
promoting kind of employment-focused housing opportunities
within an area slated for innovation within Collier -- Collier
County.
And then the Golden Gate PUD to the north, these
amendments would permit those fabricated metal uses to
provide an economic generator to this area. So we're
combining, almost, housing and jobs with a pair of these
amendments, if you will.
And, once again, those deviations will provide flexibility in
our ability to deliver these products to the market.
And then those housekeeping items as well as it relates to
developer commitment language, Todd is here -- Mr. Mathes is
here to answer any specific questions as it relates to developer
commitments. And we'd be happy to -- also, I should -- I'd be
remiss if I didn't mention that there were a few
recommendations from your Planning Commission as it relates
to these applications.
There were the removal of specific types of uses that were
requested by the Chair, and we were happy to accept those and
remove those from the proposed ordinances. And after
thorough removal, we received a unanimous recommendation
for approval.
With that, we kindly and respectfully request your approval
for both of these amendments, and we're happy to answer any
June 13, 2023
Page 72
and all questions you might have.
Thank you.
CHAIRMAN LoCASTRO: Commissioner McDaniel.
COMMISSIONER McDANIEL: Just a quick question.
If you could expand to the metal fabrication use change. I'm
not familiar with --
MR. DiMARIA: Yeah, absolutely.
COMMISSIONER McDANIEL: -- why that's required.
MR. DiMARIA: Sure. So maybe I'll start and then,
Todd, if you'd like to hop in here as well.
So the fabricated metal use is a -- Collier County, as you
know, regulates uses by SIC codes. And so these employment
industrial codes are used to identify specific types of users.
And so working with staff, our intention was to provide for the
ability to bring this high-tech government contractor as an
employer in this area. And permit that use. And staff
recommended that the fabricated metal products SIC code would
be the most appropriate use category.
COMMISSIONER McDANIEL: Fine answer. Thank
you.
MR. DiMARIA: Thank you, sir.
CHAIRMAN LoCASTRO: And before I go to
Commissioner Hall, I mean, just to piggyback on that. And it's
because your client or the applicant is in discussions with
somebody that would bring that -- that type of manufacturing,
right?
MR. DiMARIA: (Nods head.)
CHAIRMAN LoCASTRO: And I assume it goes without
saying that it wouldn't create any kind of noise problem. I
mean -- I mean, you know, you've got residential, you know,
community right there. So it wouldn't be super industrial. I
June 13, 2023
Page 73
mean, you didn't really expand on what company it is, and you
don't necessarily need to, but I would expect that part of the
conversations was it would be conducive to -- and cohesive to
that commune, correct?
MR. DiMARIA: Absolutely, sir.
CHAIRMAN LoCASTRO: Yeah.
Commissioner Hall and then Commissioner Saunders is on
deck.
COMMISSIONER HALL: Commissioner Saunders, do
you have a question?
COMMISSIONER SAUNDERS: I had two questions,
yes.
COMMISSIONER HALL: Go ahead.
COMMISSIONER SAUNDERS: On the manufacturing,
there will be no smoke and that sort of thing, because we are
promoting clean manufacturing, and that sounds like that's what
this is --
MR. DiMARIA: (Nods head.)
COMMISSIONER SAUNDERS: -- one issue. I just
wanted to make sure of that.
And then, secondly, I didn't see anything in here about any
workforce or affordable housing. And is there any potential on
the new units that are approved -- I think it was 413 additional
units, any potential for setting aside a percentage of those for
workforce housing at certain income levels?
MR. DiMARIA: Sure, great questions.
Specific to the attainable housing, it's my understanding
that prior to the recession, my client, or the previous owner of
the property, paid into an attainable housing fund. In the time
since, at some point during the recession --
COMMISSIONER HALL: Which recession was that?
June 13, 2023
Page 74
COMMISSIONER McDANIEL: There's been a couple.
MR. DiMARIA: 2007 to 2011.
COMMISSIONER SAUNDERS: Because there was -- I
recall a commissioner back in those days was requiring
payments into a fund without any legal authority to do so and
that I believe those funds were ultimately returned. I may be
totally wrong on that, but that's kind of my recollection from
stuff that I read in the newspaper.
MR. MATHES: You're correct, Commissioner, we did
receive refunds of -- partial refunds.
COMMISSIONER SAUNDERS: Okay.
MR. MATHES: As you know, Commissioners, we
invested heavily in this interchange overall. We're the
developers of multiple different planned development parcels.
The Habitat parcel was part of our predecessor in interest.
With respect specifically to your question on the 430 [sic]
units, it's not something we contemplate right now based upon
the density that's allowed there. We know that a lot has
changed in the State of Florida in the last six months, three
months with the adoption of Live Local and that this
commission's going to take that up, and that there's also dollars
out there to support that sort of development now.
Certainly, if a developer -- we're not a multifamily
developer ourselves. We're a commercial developer. We're an
industrial warehouse developer. We're not a multifamily
developer.
So we sought approval of what is allowed in your code
today, and to the intent the market demands a use at a higher
density or there's dollars that would support that type of use,
we're market participants. We'll certainly entertain that. There
is strong demand for multifamily product here. We view it as a
June 13, 2023
Page 75
market-rate rental project, and that's the approval we're seeking
for a portion of the property.
COMMISSIONER SAUNDERS: Well, let me turn that
question over to Mr. Bosi just so I can make sure that -- because,
generally, when we required a percentage of units to be
workforce or affordable, it was because they were getting some
benefit, some increased density. It sounds like on this one there
is really no increase in density that's being requested. This is a
standard amount that would be permitted without the increasing
density; is that accurate?
MR. BOSI: Mike Bosi, Zoning Director.
You're correct, sir. This is in Activity Center No. 9.
Activity Center No. 9 allows for 16 units an acre to be eligible.
And the thinking behind that is we know there's a high -- the
high level of job opportunities within our activity centers. We
want a higher-density product. Normally what that translates,
when you have a higher-density product, you're going to have
units that are more in line with what the workforce needs or an
availability. They're not luxury apartments, these are 16 units
an acre. They normally have to be a little bit smaller to fit
within their footprint.
So the thinking behind our Growth Management Plan and
how we award intensity and density is within our activity centers
we allow 16 units an acre, and then outside of those are density
bands, which allow for seven units an acre.
So they aren't asking for anything other than what's
provided for within the GM -- within the Growth Management
Plan. If they were seeking a Growth Management Plan, then
we would have required that 22.6 percent allocation dedicated to
income restriction.
COMMISSIONER SAUNDERS: Okay. Well, this may
June 13, 2023
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be a silly question, but if we were to approve additional units,
more than what they've asked for, up to some number that would
be permitted and those additional units, if the developer came in
to build those additional units, would have to be workforce
housing units, is that something we could do today?
MR. BOSI: There is --
MR. KLATZKOW: You would have to readvertise, sir.
We've advertised at a certain density.
COMMISSIONER SAUNDERS: Okay. All right.
Thank you. That answers that question, then. Thank you.
CHAIRMAN LoCASTRO: Commissioner Kowal.
COMMISSIONER KOWAL: Thank you, Chairman.
I just want to touch back on the fabricated metal, just for
some clarity. From what I understand, when you talk about
fabricated, that means we're not dealing with raw metals; we're
not dealing with smelting or melting or anything like that. It's
metals that are already created. They're just making something
else out of it in the fabrication process.
So there's no, like -- you know, where I grew up in
Pittsburgh, you had smokestacks everywhere. You know, it's
smoke and dirt coming out everywhere. But I just wanted to
get some clarity on that. That's what we're talking about,
correct?
MR. MATHES: Yes, sir. And I'll put a little more
context on it.
We've been -- we've been fortunate to have the Zeisers
(phonetic) be tenants of ours over behind the Walmart in those
smaller buildings. They've grown nice businesses. They're
nice employers. They do a great job.
So Azimuth Technology, we hope, is growing inside this, is
sort of what led us into this application and that use category.
June 13, 2023
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We have demand to backfill our other existing space.
So it's like Structural Medical. It's like Azimuth. It's
really a high-technology, low-energy, very specific assembly
process. They've been amazing tenants, amazing employers in
Collier County, so that's the type of user and use. They exist.
We know them. That's what we want.
And we're going to own the commercial around them.
We're going to be participants in the multifamily with someone
else around them. So we want the same thing. We want
something that's very compatible. And that was the use
category in discussion with staff that we landed into.
COMMISSIONER KOWAL: Thank you.
CHAIRMAN LoCASTRO: Commissioner Hall, and then
Commissioner McDaniel.
COMMISSIONER HALL: Thank you, Chairman.
I bring this up. I just -- I wanted to pull it off the summary
so we could have talk -- so we could talk about it.
Great presentation. I didn't really realize that there was
two different ones that we were looking at. I have no problem
at all with the Golden Gate and the metal fabrication. I think
that's a great spot, great use.
My only question was, as you look at the broad picture of
this activity center, if you look at all four corners of 75 and
Collier, two of the catty-corners are all -- are mostly hotels.
There's not really any commercial, you know, in there. I mean,
as far as service commercial to the public.
And so I was just curious, if the -- adding the -- when I
looked at the 413, my mind automatically went to homes. It
didn't go to multifamily, so that changed a little bit in my mind.
But I was just curious -- you know, I've said it before, you
know, this may be allowable, but is it preferable? Do we -- is
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that the best use of that one southern part of the PUD at the
Collier -- the Collier Boulevard PUD? Is the best use mixed
use, or is the best use commercial? And I just wanted to open
up the discussion.
I have no -- no heartburn about any of it. I just wanted to
bring it up for discussion amongst my colleagues.
I just didn't know if it was a rush to judgment. Live Local
Act has been brought up. You know, with those 413 units, if
somebody did come along and want to live local, they
could -- you know, 165 of those units would be affordable.
So I just wanted to kind of open up the discussion. Like I
said, I have no -- no yay or no nay. I just wanted to talk about it
just a minute.
MR. MATHES: Commissioner, would it be acceptable if I
just made one more point about the --
COMMISSIONER HALL: Sure.
MR. MATHES: -- question you're asking here?
You know, we made, 15-plus years ago, a big investment in
this interchange. We bought a lot of land. We prepaid our
transportation impact fees in agreements with the county to help
build out the road network, and we gave some land for
stormwater on the south parcel here and right-of-way along
Collier Boulevard. That's why the landscape buffer is there.
And for 15-plus years, we carried those costs. And, darn it, we
tried to will commercial to happen here, we really did, because
we really love commercial. You know, that's who we are at our
core.
And not to paint a target on myself, but we own that nasty
skeleton of a building for a long time that was supposed be to a
multi-tenant retail building but, ultimately, we came to you and
we backfilled with Amazon, which has been a terrific use too.
June 13, 2023
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There will be multi-tenant commercial type uses on this
property. There will be work/employment-based uses on these
properties. But we believe that this is what the market is going
to support in a going-forward basis. We think it's a good mix,
and that's why we've requested some amount of multifamily
housing.
There's been strong, strong, strong demand for that use.
You know, if we'd had it three, four, five, six years ago, it would
have added to the inventory which is desperately needed in this
area to support the workforce that's out there and support the
growth overall in the area.
So I hope you can see that it wasn't without effort. It
wasn't without pain and suffering and carrying those costs. I
know you-all have business backgrounds, and no one likes to
carry that as long as we have, but we've done it. And so we
think -- we hope you agree we've sort of landed on a good mix
between all the land we own here. And there's also other
commercial land on the other side of Collier further up Collier.
We own other centers into further -- further north of us that
are suffering, commercial centers that are really suffering and
need that transition and use. And you've taken good, important
steps to sort of incentivize some of that. So that's really the
basis of our thesis for our plan here.
COMMISSIONER HALL: So what you're saying is if we
did hold that for commercial, they're not just beating down the
door put something in there?
MR. MATHES: They're not, Commissioner.
COMMISSIONER HALL: Okay. I'm with you.
MR. MATHES: If they were, they'd be there, I promise
you.
COMMISSIONER HALL: I just wanted to make sure.
June 13, 2023
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MR. MATHES: Yeah. There's no tricks here. We've
been carrying that for a long time.
CHAIRMAN LoCASTRO: Commissioner McDaniel.
COMMISSIONER McDANIEL: My question is for staff,
and probably Trinity. And it has to do with that original
question with regard to interconnectivity between the residential
and commercial in that southerly portion.
CHAIRMAN LoCASTRO: Good morning.
MS. SCOTT: Good morning.
COMMISSIONER McDANIEL: For the record?
MS. SCOTT: For the record, Trinity Scott, Transportation
Management Services department head. I'm going to see if I
can pop over to their master plan so that way --
COMMISSIONER McDANIEL: There you go. And
here, again, we're being asked to make use changes without the
benefit of a Site Development Plan. And I see the arrows -- I
missed the arrows when I was reviewing this, and I just want to
know if it would be best for us to require a road as opposed to a
path.
MS. SCOTT: Certainly, anything that you do that is more
explicit when they come in for a Site Development Plan or a plat
gives the team very specific direction of what the desire is from
the Board.
So certainly if you would require the interconnection and
require that it be vehicular and pedestrian, that is what we
would -- would be written into the PUD document, and then
staff would review to those requirements.
CHAIRMAN LoCASTRO: Okay. But that wouldn't
need to be done -- and I'm going to have a question for you,
Trinity, but I'm just going to piggyback on that. That wouldn't
need to be done now, right? I mean, when they -- if they made
June 13, 2023
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progress with tenants and a plan and whatnot, we could
make -- we could raise that issue then, right, as -- further order,
or do we have to do it right now?
MS. SCOTT: Commissioners, this would be the time that
you see this as the Planned Unit Development ordinance.
Those Site Development Plans, those plats -- a plat would come
back to you for final approval, but a Site Development Plan
would not come back to this board for approval, so...
CHAIRMAN LoCASTRO: Yeah. All right.
COMMISSIONER KOWAL: Trinity?
CHAIRMAN LoCASTRO: Commissioner Kowal.
I don't know if Commissioner McDaniel's done yet.
COMMISSIONER McDANIEL: The other question I had
for you -- and my inclination is to be more specific with that
interconnectivity so that there is clarity there. But the other
question I had was, there are intersection improvements coming
to Magnolia and City Gate, or whatever that road is that goes
over to the east, has the developer made necessary contributions
to that intersection improvement as well?
MS. SCOTT: So I'm going to -- I'm going to utilize their
presentation, because it's up here, and go to the next master plan
which shows Noah's Way.
The companion item, which is the developer agreement
associated with this project, realigns this Access Easement No. 2
right up here, and that will realign with City Gate Boulevard
North. The prior development agreement, we were a little
offset. So we were able, with the opening of this PUD, with the
companion developer agreement, work with Mr. Mathes and his
team to be able to align that intersection to be able to effectuate
a traffic signal in the future. That traffic signal would be
contemplated either as part of our Collier Boulevard project or,
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Page 82
with this new right-of-way that we would be receiving, this new
easement could be broken out, perhaps, as a separate project.
In addition, the developer agreement provides the
right-of-way along Collier Boulevard for the turn lane for
this -- to support Noah's Way and this facility as well as a
payment -- the actual construction cost payment in the future.
Because it does make some sense to build that as part of the
overall global project. Elevations will change, et cetera. So
we want to try to inconvenience the public as little as possible
for that.
So those are all part of that companion developer
agreement.
COMMISSIONER McDANIEL: Do you need timing on
that payment to ensure that when we're ready to go forward with
the intersection improvements, that the money is requisite?
MS. SCOTT: That payment, timing is within the -- they're
going to make an initial payment based on our estimate, and
then we will true up with them once the construction costs come
in.
COMMISSIONER McDANIEL: Okay. Thank you.
CHAIRMAN LoCASTRO: Commissioner Kowal.
COMMISSIONER KOWAL: Thank you, Chairman.
Actually, that was -- part of my question was in reference
to Noah's Way, if that was going to align, and I heard about a
possible traffic light, and that would alleviate some of the
burden on Magnolia Boulevard, right, if it ever comes to
fruition?
MS. SCOTT: Absolutely. So -- and I should also
state -- I probably missed part of how else I need to explain this.
Because it's all up here (indicating), but I need to share with
you-all.
June 13, 2023
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The Florida Department of Transportation has the
interchange currently under construction. Those interchange
improvements extend up to Magnolia Pond which is the end of
Florida Department of Transportation's limited access
right-of-way. Our project will come down into this area for the
Collier Boulevard widening.
In the past, the plan was to remove the traffic signal at
Magnolia Pond and relocate it to Noah's Way; however, over the
past several years, we've been working with the Florida
Department of Transportation based on the development that's
occurring on the east side with the Paradise Coast Sports
Complex, our landfill in that area, of the need to maintain both
traffic signals at that location.
So we would, as I said, construct a new traffic signal, and
at this time there's no discussion as far as removal of the traffic
signal at Magnolia. So we would certainly be able to time those
signals together and as well as distribute the traffic between
those two intersections depending on what continues to happen
on the other side of the roadway as well with the City Gate and
White Lake Boulevard and ultimately, perhaps, a Wilson
Boulevard extension.
COMMISSIONER KOWAL: Thank you, Trinity.
MS. SCOTT: You're welcome.
CHAIRMAN LoCASTRO: Trinity, I have a question for
you, and this one might be more sort of out there. But that's
going to be -- that's a very busy intersection, very busy
cross-section, and it's about to get even more busy with the I-75
construction and all the plans that are coming later this year,
next year, the year after.
Do you see this as being cohesive with whatever -- you
know, if you overlaid all the I-75 construction that's coming
June 13, 2023
Page 84
from, you know, the I-75 and Collier Boulevard exit, all that
that's going to be improved there, is this any kind of concern
or -- I mean, this looks like this could be a very busy area, but
that intersection's about to get improved, I think, with the
designs that I've seen, but it's also going to be a very busy spot.
Any concerns?
MS. SCOTT: There's -- what I would say is there's no
pain, no gain. For the next couple years, that interchange and
that intersection is going to be a little painful, while the Florida
Department of Transportation takes on their project and then as
we bring on the Collier Boulevard project; however, once those
are completed, they will provide adequate facilities for these
uses.
CHAIRMAN LoCASTRO: Okay. Okay. I don't see
anybody else lit up here. Any other further questions?
(No response.)
CHAIRMAN LoCASTRO: Okay.
COMMISSIONER McDANIEL: Well, the one quick
question -- unless you're going to make a motion for
approval -- do we want to have a discussion about providing for
more specificity for the interconnection on the southerly piece?
CHAIRMAN LoCASTRO: Yeah. I mean, I think that's a
good point. And I -- you know, I think Trinity answered the
question. That's something we've got to do now, and I think,
you know, if you look at that overlay and you imagine if it was
all developed, a walking path wouldn't cut it for me. I would
think that that would be --
COMMISSIONER McDANIEL: Lackluster.
CHAIRMAN LoCASTRO: Lackluster, yeah, absolutely.
So I'm in agreement with you. I mean, something that was
vehicular and pedestrian would seem to be the smart thing to do,
June 13, 2023
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and if we -- if we need to specify that now, I mean, the applicant
can always say, oh, yeah, we're going to do that, but it sounds
like we need to specify that right now.
COMMISSIONER KOWAL: Could you bring up the
other -- could you bring up the other --
COMMISSIONER McDANIEL: Site plan.
COMMISSIONER KOWAL: -- site plan that has the
actual arrows which you were considering.
COMMISSIONER McDANIEL: And as a discussion
point, I wouldn't be -- you know, I'm -- I'm for enhancing
specificity, and in that specificity, I'd certainly sit still for an
access gate to allow for ingress and egress out for the residents
that are in that new residential area or in that residential area to
the west and provide for access for those folks just to keep them
off of Magnolia.
MR. MATHES: Commissioners, we're in support of
whatever the connection should be. If it should be vehicular,
we're happy to support that.
I do want to note, unless someone in this room knows, I
believe it's possible that the white area of residential, which is
under construction as a multifamily project -- it was recently
before you -- may have a pedestrian-only access at that location
that was approved in design and may have been approved in
zoning. I don't know the details.
So what I would offer to you is maybe at a minimum, if
that is pedestrian only on their side, of course, ours would be a
road to nowhere. It would be pedestrian. But if it's not or if
that opportunity exists, we're happy to accommodate a road.
So we would take it either way. You know, it would be
good for us. We've got some commercial. We get it. So
maybe a little bit of flexibility so that that nuance and detail can
June 13, 2023
Page 86
be accommodated.
COMMISSIONER McDANIEL: We certainly don't want
a road to nowhere.
CHAIRMAN LoCASTRO: Yeah.
COMMISSIONER McDANIEL: Here comes Trinity.
MS. SCOTT: The power of technology.
CHAIRMAN LoCASTRO: While she's cuing that up, a
question that I'm going to have for one of your group -- it's not
for Trinity. I forget the gentleman's name in the glasses there
that was presenting.
COMMISSIONER HALL: Philip.
CHAIRMAN LoCASTRO: Philip, a question I'm going to
have for you after Trinity cues up whatever she's doing here:
You gave a list of some services that the Planning Commission
wanted removed.
MR. DiMARIA: Yes.
CHAIRMAN LoCASTRO: So you don't have to answer it
now because Trinity's on the microphone, but I was just curious
why health services was on there. So if you just -- cue that one
up after she's finished.
MS. SCOTT: Once again, for the record, Trinity Scott,
Transportation Services department head.
I have to thank Jaime Cook for her wicked fast fingers in
the back being able to pull up -- the adjacent parcel is currently
in for a Site Development Plan amendment, and as part of Site
Development Plan amendment, they do have noted a future
vehicular access pending build-out of commercial site. So it is
something that has been contemplated with the area.
Adjacent, just a commercial site would need to marry up
with that location.
COMMISSIONER McDANIEL: Does that -- does that
June 13, 2023
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alignment match what you have?
MS. SCOTT: The alignment, based on what they're
proposing, looks like it would need to slide a little to the south.
But, remember, a site plan is a conceptual thing in nature,
so -- but yes, we would -- we would ask that they marry that up
as part of that commercial.
COMMISSIONER McDANIEL: Okay. And the
applicant is okay with that? He said that he was.
MR. MATHES: Yes, Commissioner, that's perfect. Now
we know where it is. Appreciate it.
COMMISSIONER McDANIEL: Now you know where it
is.
MR. DiMARIA: And then, Chair, to answer your
question.
CHAIRMAN LoCASTRO: Yeah.
MR. DiMARIA: Our recollection is that it was in
reference to a blood and plasma center.
CHAIRMAN LoCASTRO: Oh, okay. But then, by
putting that on there, does that exclude, you know, some more
favorable health services, you know, type of options?
MR. DiMARIA: It's a good -- I mean, that's a great
comment.
CHAIRMAN LoCASTRO: I mean, you sit here and you
go, all those houses there, urgent care centers, I mean, people
are screaming for them all over the county, and there's long
waits. And I'm not saying that, you know, I'm being directive
in saying one needs to go there, but when you have health
services on there as an exclusion, it sounds like a whole bunch
of things would be in that. So maybe a blood plasma center
isn't, you know, high on the list, but I could think of a whole
bunch of other things that just fell off of the list because that's on
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there.
So I don't -- I don't know what staff has to say about that.
I mean, I would hate to exclude some things that maybe would
be good for that community, especially with all those residential
units that might be, you know, coming to that area. There's not
a whole heck of a lot around there right now when it comes to,
you know -- yeah, you have Physicians Regional at Pine Ridge
and down on Collier Boulevard, but health services could be
doctors' offices, it could be urgent care center.
What are your thoughts, Mr. Bosi? It just seems like by
saying "health services," the Planning Commission excluded a
whole bunch of things that we might want as a consideration.
MR. BOSI: Mike Bosi, Planning and Zoning director.
I believe the Planning Commissioners' thinking on this was
medical offices are one of your highest trip generations, so I
think it was related to just minimizing the amount of traffic
that's associated with the project.
CHAIRMAN LoCASTRO: Yeah. Then you sit here and
go, the reason why there's a lot of trips is because people need
the service. So, you know, you lose that.
Okay. I don't know what my colleagues think.
Commissioner McDaniel, and then, Commissioner Hall,
you're on deck.
COMMISSIONER McDANIEL: This colleague thinks
that I'm not seeing the rationale behind the exclusion.
CHAIRMAN LoCASTRO: Yeah, that was my point.
COMMISSIONER McDANIEL: The need is there. The
traffic capacity is there. We're actually reducing the traffic
capacity with the use changes or specifics on the use changes.
So I concur with your thoughts in that maybe allowing that use
exclusion to be lifted if, in fact, it were a requisite; I'd be in
June 13, 2023
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favor of it.
COMMISSIONER SAUNDERS: Same here.
CHAIRMAN LoCASTRO: Okay. So how do we -- if we
are in agreement to override that recommendation by the
Planning Commission --
MR. BOSI: And it's simply a recommendation.
CHAIRMAN LoCASTRO: Right.
MR. BOSI: The direction, when you make the approval,
to add that use back to the PUD, and staff will make sure we
follow through with that.
CHAIRMAN LoCASTRO: Okay. Commissioner Hall.
COMMISSIONER HALL: Any other comments or
questions? I'll make a motion.
(No response.)
COMMISSIONER HALL: I'll make a motion to approve
both sides, 9B [sic] and 9C, the companion item. What's that?
COMMISSIONER McDANIEL: 9D and --
COMMISSIONER KOWAL: The other two. What is it,
9 what?
MS. PATTERSON: It's 9C --
COMMISSIONER HALL: 9C and 9D.
MS. PATTERSON: -- 9D, and 11B.
COMMISSIONER HALL: And 11B as -- with no
limitations on the use. And anything else I need to add to that
motion?
CHAIRMAN LoCASTRO: Well, I'd like, specifically,
that "health services" line to be removed --
COMMISSIONER HALL: Okay.
CHAIRMAN LoCASTRO: -- you know, or whatever the
right verbiage is, allow it to be --
MR. BOSI: Add it back in.
June 13, 2023
Page 90
CHAIRMAN LoCASTRO: -- added back in.
COMMISSIONER HALL: With original uses.
MR. KLATZKOW: Okay. Yeah, I don't think you
need -- I understand, the original uses.
COMMISSIONER McDANIEL: And the road alignment.
COMMISSIONER KOWAL: Yeah, connectivity.
CHAIRMAN LoCASTRO: So those would be the -- so
the motion would be to approve this but not as-is. It would be
to add back in the health services use and also the more
specificity on the road alignment.
Commissioner Saunders, sir.
COMMISSIONER SAUNDERS: I was just going to
clarify that it was just the medical use that you're adding back in,
and that's clear now.
So if there hasn't been a second, I'll second it.
COMMISSIONER McDANIEL: I seconded it, or you
can. It doesn't matter.
COMMISSIONER SAUNDERS: No, that's fine.
CHAIRMAN LoCASTRO: Okay. So Commissioner
Hall made a motion. Commissioner McDaniel had a second.
All in favor?
COMMISSIONER HALL: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN LoCASTRO: Aye.
COMMISSIONER KOWAL: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN LoCASTRO: Opposed?
(No response.)
CHAIRMAN LoCASTRO: Okay. It passes unanimously
with those changes.
MR. DiMARIA: Thank you very much.
June 13, 2023
Page 91
MR. MATHES: Thank you.
Item #10A
RECOMMENDATION TO AWARD A THREE-YEAR CONTRACT
FOR LEGAL SERVICES FOR THE CODE ENFORCEMENT &
NUISANCE ABATEMENT BOARD AND CONTRACTOR
LICENSING BOARD. - MOTION TO APPROVE BOTH PATRICK
NEALE (CONTRACTOR’S LICENSING BOARD) AND KEVIN
NOELL (CODE ENFORCEMENT BOARD) PENDING BOTH TO
PREPARE AND BRING BACK A FEE SCHEDULE FOR FINAL
APPROVAL AND CONTRACT AWARD BY THE BOARD AT THE
JUNE 27, 2023, BCC MEETING BY COMMISSIONER
SAUNDERS; SECONDED BY COMMISSIONER MCDANIEL –
APPROVED 5/0
MS. PATTERSON: Item 10A is a recommendation to
award a three-year contract for legal services for the Code
Enforcement Board and Nuisance Abatement Board and
Contractor Licensing Board.
I'll hand this over to the County Attorney.
MR. KLATZKOW: You have two highly qualified
candidates for this. You couldn't have done really much better
than this. Mr. Noell, once upon a time, was a member of my
office and did outstanding work, and we've also worked with the
Special Magistrate over the years, and he's been outstanding as
well.
Traditionally these were separate functions. For whatever
reason, staff wants to combine them into -- for one person.
That raises issues of potential conflict. But the executive
summary lays it out, and whatever the Board wishes to do is the
June 13, 2023
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Board's prerogative.
And both candidates are here to answer any questions.
CHAIRMAN LoCASTRO: Would commissioners like to
hear both candidates; would that be appropriate?
Commissioner Saunders.
COMMISSIONER SAUNDERS: I was just going to ask
the County Attorney, if we went ahead and awarded the contract
to each of them for the separate boards, is there enough work
that it would make it worth their effort to -- I assume it would.
I mean --
MR. KLATZKOW: I assume it would, because we've
always had separate folks on that. The only nuance with that is
the contract was bid for both positions, so we'd have to come
back on consent, I suppose, with revised fees.
COMMISSIONER SAUNDERS: Well, I'd like to avoid
the conflict issue that you've raised. That seemed to be a little
bit of a convoluted process we'd have to go through if we had
one person doing both boards.
And so I don't mind hearing from the applicants, but my
view would be to split this so each of the two has a board to
represent so we avoid all the conflicts and all that process that
you're suggesting. That's just my thought right now.
They're both shaking their heads in the affirmative, so I
don't think that -- it sounds like they don't object to that.
MR. KLATZKOW: So that -- my understanding, you
would award Mr. Neale the Contractor Licensing Board
attorney's position and Mr. Kevin Noell, the attorney for the
Code Enforcement Board.
COMMISSIONER SAUNDERS: They would have to
come back with their different fee arrangement for those two --
MR. KLATZKOW: Yes, sir.
June 13, 2023
Page 93
COMMISSIONER SAUNDERS: -- for our approval.
MR. NEALE: Yeah. We actually had this discussion,
and I agree with Mr. Klatzkow's comment that I would represent
Contractor Licensing, because that would not be in conflict with
me being Special Magistrate, and Mr. Noell would then
represent Code Enforcement.
COMMISSIONER SAUNDERS: All right. Well, if it's
acceptable to you gentlemen, if there's no other questions, I'll
make a motion to approve that arrangement with the
understanding that you're going to both come back with your fee
arrangements for these two boards for our consideration at our
next meeting.
MS. PATTERSON: Correct.
MR. NOELL: And then, Commissioner, if I may. Kevin
Noell, attorney for the Contractor Licensing Board.
I think the only caveat -- and just to raise it for the Board's
consideration -- the Code Enforcement Board traditionally has
been more legal -- more legal work. And in looking at the
request for the bid, I think traditionally Code Enforcement
probably has 20 to 25 hearings on any given meeting, and the
Contractor Licensing Board probably has five to seven, just
generally. So I just wanted to just bring that to the attention of
the Board, that there -- at least for me there's a little bit of a price
consideration, when I made the bid, higher on the Code
Enforcement side just because I know the work that will be
generated from that, but I just wanted to raise it for the Board's
attention.
COMMISSIONER McDANIEL: Question.
CHAIRMAN LoCASTRO: Commissioner McDaniel.
COMMISSIONER McDANIEL: I -- when I was
reviewing this -- and, I certainly -- you know, I'm not going to
June 13, 2023
Page 94
get in the way of those that are inflicted with that mental issue
called a law degree, like you three, but the circumstances for a
conflict of interest seem to be way out to me. We -- and to my
knowledge, we've never had a conflict that could have arisen if
that circumstance were to become prevalent. So I may
be -- maybe I need to have a question of staff as to -- because
Mr. Klatzkow represented it's basically staff's request to
combine the two positions. And by no means -- I'm totally
happy with everything you both are doing for the county.
Thank you.
I just wanted to ask the -- your opinion as to the potential.
Number one, we've never had that circumstance that was
delineated and the backup data to ratify that thought process. I
mean, anything could necessarily happen, and I suppose that if it
did and we didn't split the two jobs, that circumstance would
then come to the Board, I would assume.
MR. KLATZKOW: No, the Board would not hear a code
violation. If you awarded the Code Enforcement Board to Mr.
Neale and he had a conflict, we would have to address it before
the Code Enforcement Board at that point in time. My office
could always stand in as a replacement to the Code Enforcement
Board for a particular case, for example.
COMMISSIONER McDANIEL: Okay.
MR. KLATZKOW: But you're legislative, not
prosecutorial.
COMMISSIONER McDANIEL: Okay. But given the
fact that there has not -- that circumstance has --
MR. KLATZKOW: It's never materialized because you
always had two separate attorneys. And the issue here is, as
long as staff can maintain their databases so that violators don't
cross-pollenate between the two boards, we'd be fine. The issue
June 13, 2023
Page 95
is what happens if, but through inadvertence or sale of a
property, staff sent an item that had been before the Special
Magistrate to the Code Enforcement Board? That's where your
potential conflict comes in. It would be a relatively rare event.
COMMISSIONER McDANIEL: Correct. And it hasn't
transpired so far. It hasn't transpired so far because --
MR. KLATZKOW: We have separate attorneys.
COMMISSIONER McDANIEL: -- they have been
separate attorneys, okay. So that answers the question as to
why it had never happened in the past. And I don't have any
concern with both of you continuing working for us on the
individual boards. It's just -- but I think that fee adjustment
needs to transpire.
So do we need to continue this item and let them come
back?
COMMISSIONER HALL: There's a motion made.
COMMISSIONER SAUNDERS: Yeah, the motion was
to approve the two gentlemen for the respective boards but to
require them to come back at our next meeting with a fee
arrangement, because if they come back with fees that are
unacceptable, we'll just say no.
COMMISSIONER McDANIEL: Okay.
COMMISSIONER SAUNDERS: So, yeah, I mean, they
have to come back for, but they're approved as the --
COMMISSIONER McDANIEL: I'll second that, then.
CHAIRMAN LoCASTRO: Okay. So I've got a motion
and a second to approve them specifically by name. All in
favor?
COMMISSIONER HALL: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN LoCASTRO: Aye.
June 13, 2023
Page 96
COMMISSIONER KOWAL: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN LoCASTRO: Opposed?
(No response.)
CHAIRMAN LoCASTRO: It passes unanimously.
MR. NEALE: Thank you, Commissioners.
MR. NOELL: Thank you, Commissioners.
Item #10B
RECOMMENDATION TO ALLOCATE $10 MILLION FROM
PROJECTED EXCESS INFRASTRUCTURE SALES SURTAX
FUNDS FOR THE PURPOSES OF CONSTRUCTING
ADDITIONAL SQUARE FOOTAGE NOT FUNDED BY THE
UNITED STATES DEPARTMENT OF VETERANS AFFAIRS
CONSTRUCTION GRANT PROGRAM FOR ADULT DAY
HEALTH CARE AND OUTPATIENT THERAPY SERVICES FOR
THE PROPOSED STATE VETERANS’ NURSING HOME
PROJECT AND AUTHORIZE NECESSARY BUDGET
AMENDMENTS. (SPONSORED BY COMMISSIONER
SAUNDERS) - MOTION TO APPROVE W/AUTHORITY TO
WORK WITH LEGISLATURE AND THE LOBBYIST BY
COMMISSIONER SAUNDERS; SECONDED BY
COMMISSIONER MCDANIEL – APPROVED 5/0
MS. PATTERSON: Item 10B is a recommendation to
allocate $10 million from projected excess infrastructure sales
surtax funds for the purpose of constructing additional square
footage not funded by the United States Department of Veteran
Affairs Construction Grant Program for adult health -- adult day
healthcare and outpatient therapy services for the proposed state
June 13, 2023
Page 97
veterans nursing home project and authorize necessary budget
amendments. This item is sponsored by Commissioner
Saunders.
CHAIRMAN LoCASTRO: Sir.
COMMISSIONER SAUNDERS: Mr. Chairman, the
reason I brought this forward, we had the workshop, which,
quite frankly, was excellent in terms of giving us a lot of
direction on what we can and cannot do. And one of the things
that became clear is that the state and federal governments will
not pay for new construction for adult day healthcare services,
which we all agreed is very important for this project.
I'm not sure about the rehabilitation services. I don't
believe that the state or federal government will pay for new
construction for rehabilitation services as well. So those two
services are very important, and the only way we're going to get
those services is if we pony up and put some money into this to
enhance the building to have those services.
I had a very preliminary meeting with Senator Passidomo,
and she is 100 percent in support of this project, as we all know.
We've all met with her, and we've all had our individual
conversations with her.
I broached this subject of if the county put an additional
$10 million into this project for those additional services, would
she be interested in considering supporting a $10 million
matching fund next year from the legislature. And I -- she had
indicated that this is something that she would certainly consider
and may even come to our board meeting on June 27th to talk a
little bit about it.
So we have in our sales tax fund a little bit more money
than we had anticipated collecting. We have money in excess
of the $420 million. That's the county's share. And there's
June 13, 2023
Page 98
going to be a little bit of a food fight, because there always is
when there's money available. And, of course, all of our
projects are more expensive, so that -- a lot of those funds are
going to be used to make up the increased costs of other
projects.
But I wanted to set the table here on this project that this is
important. Ten million of that extra money that's in our sales
tax fund would be set aside for this contingent upon getting
some matching funds from the legislature.
I think it would be an incredible deal for the state to have
this facility with these additional services, and I think it would
set the tone for the state and federal governments in the future to
permit those funds to be used for these types of services in new
construction, but right now we don't have that.
So if we want those services, this is one way, I think, we
can accomplish that. If we are not able to get those services, for
whatever reason, if there's no state matching funds, for example,
that $10 million would simply go back to our sales tax fund. So
that's the reason I brought this forward.
Time is somewhat of the essence because, as indicated in
the executive summary, this next legislative session starts the
first week in February, and -- or towards the end of January, and
they'll start -- the legislature will start their committee meetings
and their funding issues probably as early as September.
So I'd like to, in addition, be authorized to work with our
legislative delegation and with our lobbyist to push this ahead if
this Board agrees to do this this morning.
CHAIRMAN LoCASTRO: Yeah. I was going to add, I
think this is a really smart proactive move, as you said. I mean,
it's -- if in the end, you know, we don't need it for whatever
reason -- but I think the value of the workshop we had proved
June 13, 2023
Page 99
that -- and we've said it before, we don't want just the next
nursing home. We want the best one, and so does the state.
And so it is going to take a bit more funding, as we learned
during the workshop. So I think this is a no-brainer, and it's a
good proactive move.
Like you said, there's going to be a lot of hands in the pot
for the additional money that we collected, but, you know, this
certainly, I think, to all of us, to include also, too, those in
Tallahassee that represent us, is one of the important projects
that's on the short list. So I think the extra 10 million is a smart,
proactive move, so I definitely would support it.
Commissioner McDaniel, sir.
COMMISSIONER McDANIEL: And I am, as well. I'd
like to hear about the segregation of the funds and the specifics
with regard to their expenditure. And just for clarity purposes
more than anything, you know, we've heard -- I have heard quite
a -- several different paths for the actual cost of the facility, and
I -- I just -- and certainly -- and we hear in the workshop that the
adult day care center or facilities aren't part of the funding.
And I just -- I don't want this to -- I don't want it to be
sitting there and have other hands grabbing at it because of cost
overruns unless we decide that that's the case, that it's requisite
for that. So I just want to hear about the segregation, where it's
going to be held, and then how it's going to ultimately be
utilized.
MR. FINN: Thank you, sir. Edward Finn, Deputy
County Manager. Mr. Chairman, members of the Board.
This is -- this is pretty straightforward. This does not
involve an escrow, as I understand it at this point in time. It
would simply be held as part of your budget. It would be
allocated to a specific project number. Ultimately, that money
June 13, 2023
Page 100
cannot move without -- without the proper paperwork in place,
whether that be a PO or contract relative to this matter, which
would require some subsequent Board action and, ultimately, the
Clerk of Courts would not release that money unless the Board
had initiated the proper action.
COMMISSIONER SAUNDERS: And that is correct, that
is what is anticipated, that the Clerk will certainly manage that
fund. It's not going to be sent up to Tallahassee.
COMMISSIONER McDANIEL: Okay.
CHAIRMAN LoCASTRO: Okay. I don't see anybody
else lit up, so --
COMMISSIONER McDANIEL: Second.
CHAIRMAN LoCASTRO: -- Commissioner Saunders,
you made the motion.
COMMISSIONER SAUNDERS: I'll make a motion to
approve this, and as I said, I'd like some authority to work with
the legislature on this.
CHAIRMAN LoCASTRO: Absolutely.
COMMISSIONER SAUNDERS: Obviously, we all can,
but I'd just like to be able to say to our lobbyist that I'm
authorized to make certain representations. So I'll add that as
part of the motion.
CHAIRMAN LoCASTRO: Okay. Got a motion. I
think Commissioner McDaniel --
COMMISSIONER McDANIEL: Seconded.
CHAIRMAN LoCASTRO: -- seconded the motion.
All in favor?
COMMISSIONER HALL: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN LoCASTRO: Aye.
COMMISSIONER KOWAL: Aye.
June 13, 2023
Page 101
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN LoCASTRO: Opposed?
(No response.)
CHAIRMAN LoCASTRO: It passes unanimously.
COMMISSIONER SAUNDERS: Thank you.
Item #11A
RECOMMENDATION TO AWARD REQUEST FOR
PROFESSIONAL SERVICES (“RPS”) NO. 22-8006, “DESIGN
SERVICES FOR WILSON BOULEVARD WIDENING,” TO
JACOBS ENGINEERING GROUP INC., IN THE AMOUNT OF
$5,400,000, AND AUTHORIZE THE CHAIRMAN TO SIGN THE
ATTACHED AGREEMENT. (PROJECT NUMBER 60229) (JAY
AHMAD, TRANSPORTATION ENGINEERING DIVISION
DIRECTOR) - MOTION TO APPROVE BY COMMISSIONER
MCDANIEL; SECONDED BY COMMISSIONER HALL –
APPROVED 5/0
MS. PATTERSON: Item 11A is a recommendation to
award Request for Professional Services No. 22-8006, design
services for Wilson Boulevard widening, to Jacobs Engineering
Group, Inc., in the amount of $5,400,000 and authorize the
Chairman to sign the attached agreement.
Mr. Dennis McCoy, your Project Manager III from
Transportation Engineering Services Division, is here to present
or answer questions.
MR. McCOY: Good morning.
CHAIRMAN LoCASTRO: Good morning.
MR. McCOY: Dennis McCoy, Transportation Service
Management Division, project manager.
June 13, 2023
Page 102
This is the Wilson Boulevard widening project. I have a
brief overview if you want me to go through the presentation.
We're asking, obviously, for your --
COMMISSIONER McDANIEL: Yeah. I just have
a -- are you number three because you're third in line, or how
did you get that designation?
MR. McCOY: It's a long story.
COMMISSIONER McDANIEL: I'll make a motion for
approval.
MR. McCOY: Thank you.
COMMISSIONER HALL: Second.
CHAIRMAN LoCASTRO: Okay. I've got a motion and
a second. All in favor?
COMMISSIONER HALL: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN LoCASTRO: Aye.
COMMISSIONER KOWAL: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN LoCASTRO: Opposed?
(No response.)
CHAIRMAN LoCASTRO: It passes unanimously.
Item #11C
RECOMMENDATION TO AWARD INVITATION TO BID (“ITB”)
NO. 23-8073, “REPLACEMENT OF WASTE CONTAINERS AND
BENCHES FOR PARKS,” TO GLOBAL EQUIPMENT INC., D/B/A
GLOBAL INDUSTRIAL EQUIPMENT COMPANY INC., IN THE
AMOUNT OF $210,702.90 FOR A ONE-TIME PURCHASE TO
REPLACE DAMAGED WASTE CONTAINERS AND BENCHES
DUE TO HURRICANE IAN AND AUTHORIZE THE CHAIRMAN
June 13, 2023
Page 103
TO SIGN THE ATTACHED AGREEMENT. - MOTION TO
APPROVE BY COMMISSIONER LOCASTRO; SECONDED BY
COMMISSIONER HALL – APPROVED 5/0
MS. PATTERSON: All right. Item 11C is a
recommendation to award Invitation to Bid No. 23-8073,
replacement of waste containers and benches for parks to Global
Equipment, Inc., doing business as Global Industrial Equipment
Company, Inc., in the amount of $210,702.90 for a one-time
purchase to replace damaged waste containers and benches due
to Hurricane Ian and authorize the Chairman to sign the
attachment agreement.
Ms. Tanya Williams, your department head for Public
Services, is here to answer questions.
This item was moved from the consent agenda to the
regular by Commissioner LoCastro.
CHAIRMAN LoCASTRO: So I moved this not to
challenge anything. We all know we had a lot of damage with
the hurricane, but now that we're in hurricane season, I mean,
one of the things I do take exception to is some of these things
that we lost definitely could have been prevented.
I realize that we have a limited staff, and -- but if we know
a hurricane's coming, I don't expect us to pack up every concrete
bench. You know, I understand that buried in this were
concrete benches that we would have never expected washed
away, and they totally disappeared.
But buried in this is -- should be maybe a smarter process
on gathering up our garbage cans and storing them somewhere,
tying them up, doing the things that common folks, you know,
do in their normal homes, but we at the county have to do it as
well because this is real money.
June 13, 2023
Page 104
And most importantly, what's not mentioned here, and it
affected my district significantly, was the loss of AEDs. You
know, we have AEDs in all of our parks and strapped to all
of -- the walls in all of our marinas. And I don't want it to be
lost here that we lost quite a few AEDs that were either water
logged or they get washed away or somebody stole them or all
of the above.
And if you didn't know it or not, the way that I found that
out was some AEDs at Goodland were removed by our Facilities
team to sort of spread the wealth in the areas where we lost quite
a few AEDs. The reason that was a problem was, soon after
that we had an issue at Stan's where somebody had -- went into
cardiac arrest. So somebody ran over to the park where there's
an AED, and they found a plastic bag over the AED, and the
AED was gone. It was removed.
And so in our reverse engineering, you know, what we
found out was, okay, Facilities took it upon themselves that we
have some places that lost maybe all their AEDs, and although
we have a lot on order -- they're on order probably by every
county that had -- that was impacted, and those are actually
pretty expensive. So a garbage can is one thing, but the AEDs
are several thousand dollars.
So I didn't pull this off because I challenge -- I have any
kind of challenge with the payment, but, you know, we're a
week into hurricane season, and I just want to make sure -- I
wanted to go on the record and also send a message to our staff
that we've got to have a much tighter process. We can't afford
to lose, you know, these things due to sort of lack of attention.
And, you know, the AEDs were a big one.
Like I said, obviously we can't pack up everything, but
we've got to do a much better job because, you know, spending
June 13, 2023
Page 105
a quarter of a million dollars on replacements of things that
maybe could have been saved -- and then I don't know if the
AEDs are buried into this number, but I know we had to order
quite a few, you know, correct?
MS. WILLIAMS: Good morning, Commissioner. For
the record, Tanya Williams, Public Services department head.
And, Commissioner -- Chairman, you are correct. We can
always do a better job. And as we look back on Hurricane Ian
and the impact of Hurricane Ian, of which we've never -- we,
current staff, myself included, have never experienced in regards
to storm surge. You are correct, we lost a large number of
garbage containers. For the record, each container weighs 600
pounds. It is precast concrete. And short of driving pylons in
which we affix those canisters, it would be hard pressed for staff
to reasonably move the canisters themselves in the event of a
next major impact regarding storm surge.
However, I will tell you that as part of their pre-response
preparations, staff do remove all of the lids. They remove the
internal liners. All of those are stored. Unfortunately, I will,
for the record, state that those were stored in an area that was
flooded. So, obviously, going forward, they will use different
staging areas for the container lids and the internal plastic liners
themselves.
In regards to the AEDs, I touched base with Facilities late
last evening to kind of get a handle on where we were with the
AEDs. Based on the information that I got back from
Facilities -- and I apologize. I won't speak on behalf of
Facilities; I'll just speak on the information that they did provide
me. Eight units were officially lost during Hurricane Ian. You
are correct, those are in the process of being replaced.
Facilities is also taking this opportunity to standardize our
June 13, 2023
Page 106
AEDs. Currently there are three or four different types of
AEDs scattered throughout our county. Current totals of AEDs
are at 154 at various locations throughout Collier County
facilities. So they are looking to standardize our AEDs so that
staff know how to use a particular AED and don't have to train
on different systems.
They are regularly tested on a monthly basis by Facilities.
We're looking at shoring that up even further by training park
staff in particular on the testing and routine observations of the
AED functionality.
And in talking with parks director, Olema Edwards, late
last evening, she says they're going to further add to their
pre-hurricane planning. AEDs that would be in our coastal
zones, they're actually going to go remove them and then store
them safely -- not in a flooding area -- store them safely, and
then redeploy them as part of their post recovery efforts.
So we are working through our after-action plans. Staff
take that very seriously. They look at areas in which we can
shore up our response, both pre and post, and we will -- as you
stated, Commissioner, we will take corrective action where it is
warranted.
CHAIRMAN LoCASTRO: Yeah. That's the only
conversation I wanted to have here, that we're tightening up our
checklist. I can appreciate that the garbage cans weigh
600 pounds, but the AEDs don't.
MS. WILLIAMS: No.
CHAIRMAN LoCASTRO: And they, obviously, don't
need to be brought, you know, 20 miles away to a secured area.
They could have been put inside of the facility or the marina at a
high location. Granted, if it's flooded with 20 feet of water,
nobody expected that.
June 13, 2023
Page 107
I guess my last question would be, if we're missing that
many garbage cans, what are we doing now? Do we have a
huge shortage of garbage cans in all of our parks and all of our
county recreation areas because those garbage cans were all
destroyed or vanished?
MS. WILLIAMS: No. Some of them are missing lids.
Obviously, just as Facilities has redeployed or redistributed the
AEDs, parks has ensured that there's adequate trash and recycle
receptacles in the interim until we can get the more permanent
solution.
CHAIRMAN LoCASTRO: Okay. When you talked with
Facilities, did they have a timeline on when -- the AEDs that
they have ordered? I mean, I can only speak for my district but,
you know, Goodland, I think, had three. Now they have, I
believe, two, because the one was taken from the park. And
that's just one example, and there's other things.
My other point, too, was it would be nice for us to know
that as commissioners, because what happened in Goodland was
a microcosm of what could have been disastrous, number one,
and, number two, you know, if I would have been told -- and
you didn't know either. I mean, Facilities was just trying to
react. And I'm not here to throw anybody under the bus. But
you know, that could have been an easy call from me to the
Goodland Civic Association president and just say -- let him
know, hey, please get the word out to the citizens that there's not
an AED at the park where it's been since the beginning of time
and the one that you would most frequently grab because it's the
closest one to all the restaurants and everything like that.
And I would have told Facilities, probably, don't grab that
one because that is in a very busy high-traffic area. I mean,
Stan's on a Sunday has 5,000 people in it, more or less, and
June 13, 2023
Page 108
that's the AED that they grab. I'm actually surprised. I think
Stan's might have one of their own, but everybody knows there's
a county one at the park, and that's why somebody ran there.
But just -- having said that, I mean, I think I made my
point. And you said exactly what I wanted to hear. But I
wanted to just -- I pulled it off because I just wanted to make
sure that we were all aware that, with hurricane season upon us,
you know, we've got to do the best job possible, especially
securing things that aren't 600 pounds and the high -- and the
high value that these items are, so...
MS. WILLIAMS: Absolutely.
CHAIRMAN LoCASTRO: But with that, I don't
know -- I don't think anybody else has any questions. It
was -- I just wanted to raise it a bit because it affected my
district, and there was a little bit more buried in it. Like I said, I
wanted to mention the AEDs.
So I'll make a motion to approve.
COMMISSIONER HALL: Second.
CHAIRMAN LoCASTRO: Okay. I've got a motion and
a second. All in favor?
COMMISSIONER HALL: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN LoCASTRO: Aye.
COMMISSIONER KOWAL: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN LoCASTRO: Opposed?
(No response.)
CHAIRMAN LoCASTRO: It passes unanimously.
Thank you, ma'am.
CHAIRMAN LoCASTRO: Let's keep going.
June 13, 2023
Page 109
Item #12A
REPORT TO THE BOARD ON THE LIVE LOCAL ACT, AND
RECOMMENDATION THAT THE BOARD (1) DIRECT STAFF
TO PREPARE AND BRING BACK FOR BOARD REVIEW AND
APPROVAL THE ADMINISTRATIVE APPROVAL PROCESS
CONTEMPLATED BY THE ACT, (2) DIRECT STAFF TO
PROVIDE A RECOMMENDATION TO THE BOARD AND/OR
OBTAIN A RECOMMENDATION FROM THE AFFORDABLE
HOUSING COMMITTEE ON WHETHER THE COUNTY
SHOULD ENACT BY ORDINANCE A LOCAL OPTION
AFFORDABLE HOUSING PROPERTY TAX EXEMPTION TO
PROPERTY OWNERS WHO DEDICATE UNITS FOR
AFFORDABLE HOUSING AT UP TO 60% OF THE ANNUAL
MEDIAN INCOME (AMI), AND (3) TO TAKE ANY OTHER
ACTION DEEMED WARRANTED. - ACCEPTED AS
PRESENTED
MS. PATTERSON: Okay. Commissioners, that brings us
to Item 12A. This is a report to the Board on the Live Local Act
and recommendation that the Board, one, direct staff to prepare
and bring back for Board review and approval the administrative
approval process contemplated by the act; two, direct staff to
provide a recommendation to the Board and/or obtain a
recommendation from the Affordable Housing Committee on
whether the county should enact, by ordinance, a local option
affordable housing property tax exemption to property owners
who dedicate units for affordable housing at up to 60 percent of
the annual median income, AMI; and, three, to take any other
action deemed warranted.
MR. KLATZKOW: This is a very lengthy statute. I've
June 13, 2023
Page 110
only addressed the portions of the statute that I believe directly
impact Collier County, which I don't think the impact's going to
be that great.
The Live Local Act was signed into law March 19th by
Governor DeSantis. It seeks to provide available affordable
housing, and its effective date is July 1st of this year.
Curiously enough, the first thing that the statute does for
affordable housing is it bans local governments from imposing
rent control. There was a statutory provision that gave local
governments the limited ability to declare rent control. That is
now gone. Since we don't have that in this county, there's
nothing for this board to do and, since you're not preempted
from it, there's nothing that you can do.
The statute focuses on commercial and industrial areas,
okay. It does not impact residentially zoned areas. Keep in
mind that the development pattern in Collier County has been to
keep everything agriculture until it comes in for rezoning. We
have very few areas in the county that has traditional zoning.
The I-41 corridor being one of them.
The rest of the county, as far as developable land goes, the
bulk of it is either going to be Estates, which is not within this,
or it's going to be agriculturally zoned, which is not within this.
So if this impacts us, it is going to be in the redevelopment
phase of previously approved commercial and industrial
properties.
If this comes about, then it is an automatic process that is a
staff-driven process, not a Board-approved process.
An affordable housing developer would come forward to
staff. He'd have to set aside at least 40 percent of the units as
affordable for a minimum of 30 years. I'm not sure at this point
in time who verifies that, but we'll worry about that if and when
June 13, 2023
Page 111
that comes.
The density is something that we've been concerned about.
I've talked with Mr. Bosi about that. Arguably, you could use
the 91 acres from the mini-triangle. I would strongly argue that
that was a one-off CRA project that has no bearing on the rest of
it. I don't think anybody, by the way, would ask for that
anyway, and we'll look at that reasoning coming up.
They have to satisfy all LDC requirements. That's
setbacks, parking, height. Our traditional height is, the setback
would be half building height. Now, what developers do to get
around that is they came to you with a Comp Plan amendment
coupled with a PUD amendment, which then allows them to do
the greater density. But for that, there are significant site
limitations on the density. As Mr. Bosi was saying before, 16
units per acre can be difficult to fit into a traditional site.
You also have the issues that they have to have provisions
to manage the water. And, you know, we're all familiar with
the lakes throughout Collier County in developments for that.
The county must consider parking requirements -- reduced
parking requirements if the developments are located within
one-half mile of a major transit stop. I would suggest that we
give some considerable discussion on not doing that. I've lived
in a development once upon a time that didn't have sufficient
parkings. It is a nightmare that you would be imposing on the
residents.
And Collier County does not have a lot of on-street
parking. So to have a small parking lot really reduces the
amount of visitors that could actually get there. This isn't like
other areas where you simply park in the street.
COMMISSIONER McDANIEL: So can I interrupt --
MR. KLATZKOW: Absolutely, sir.
June 13, 2023
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COMMISSIONER McDANIEL: -- to make a statement?
So "must consider" doesn't mean "must"?
MR. KLATZKOW: Exactly.
COMMISSIONER McDANIEL: Okay. Thank you.
MR. KLATZKOW: All right. So the impacts on Collier
County, again, I don't think there are going to be many impacts,
both because of our zoning pattern and because of the LDC
requirements.
Having said that, the act specifically allows developers to
bypass the elected body. So it's as-of-right building. They
simply have to meet the code requirements.
Staff is going to have to develop some sort of
administrative process to handle this. I would strongly suggest
that staff come back to the Board so that the Board could look at
this administrative process, because that will be the only time
you have to see what this is going to be like.
Once you bless this process, staff will simply be
administering these things. You're not likely to know about it
until the buildings actually come out of the ground.
Board action that will be requested would be, again, to
direct Mr. Bosi to come back with the administrative review
process for these projects.
Affordable housing, there is a requirement that we publish
on our website, which we already do for county-owned property.
I don't think that we have to do anything to conform to this. I
spoke with Cormac. He agrees that he doesn't believe we have
to do much, but we will take a look at the statute, and if there is
any tweaking that needs to be done, we'll certainly come back to
the Board on that on a staff level.
This could impact us in that it allows property tax discounts
for non-profit entities that build affordable housing. That
June 13, 2023
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housing must be provided for 99 years. I don't know that I'd
want to live in a 99-year-old building, but, you know,
that's -- that's something for future generations to figure out.
This provision will sunset long after we're all gone from here.
Maybe not from this mortal coil, but certainly from this
boardroom. It has -- it sunsets in 2059. It has the potential
loss of future ad valorem taxes. I don't know whether this will
impact us or not, to be honest.
The statute also gives you the option to exempt from your
ad valorem certain affordable housing. The curious thing about
affordable housing is it generates far more costs than it actually
gives in ad valorem taxes. It's a high-use use. Whether or not
you want to consider creating the local option property tax is up
to you. If that's something that you'd want to do, I would
suggest asking staff to come back, perhaps, bringing this
forward to the Affordable Housing Committee to look at.
Again, this is a local option that would allow affordable housing
developments to be exempt from your ad valorem taxation.
This is something that Jamie did years ago, expedited
process of building permits. We're not required to do it. We
do it anyway. I don't believe we have anything further to be
done. I'm sure that staff will take a look at the statute, and if
there's any tweaking that needs to be done, they will do it. But
this board was way -- years and years ahead of the curve on this
issue.
The final recommendation, then, is to ask staff to come
back to bring back the administrative approval process and to
consider whether or not you want to have staff come back on the
issue of the local option for waiver of the ad valorem tax on
affordable housing and any other action you might deem
warranted, and that's it.
June 13, 2023
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CHAIRMAN LoCASTRO: Questions? Commissioner
Hall.
COMMISSIONER HALL: Mr. Klatzkow, just one
question. So if we opted in to allow property tax relief, is that,
like, in perpetuity, or can we say, you know, as an incentive, you
get the first three years, or whatever you need, or are we locked
into it, or do we have options for timing?
MR. KLATZKOW: I think you probably have options on
this. I mean, again, this statute's new. I would expect next
year the legislature will come back and tinker with it. They
often do. But, yes, I think that you could create a -- even on a
site-by-site basis, some sort of temporary exemption.
COMMISSIONER HALL: Okay. Thank you.
MR. KLATZKOW: Thank you, sir.
CHAIRMAN LoCASTRO: I guess I'm a little concerned
that Tallahassee thinks this is a very important program, and
they're all proud of passing it. I mean, we all met with Senator
Passidomo personally, and although we didn't have a long
discussion about it, she basically told us in short order this is
coming, and you may not like everything in it, but it's -- it's, you
know, important and, you know, said all those other sort of
adjectives and, you know, to just get a summary on it here and
hear that it's -- that your takeaway is it's of minimal impact to
the county.
Now, I realized part of that is -- and I agree with what you
were saying, that we already do a lot of these things that are in
there when it comes to expediting permits and some other
things.
But I thought buried in this was going to be some pretty
directive things that were going to change the way we do
business here at the county and that we just couldn't dismiss it
June 13, 2023
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because we didn't like it. Now, you clarified that by saying
there's a couple of things in there that say "must consider," not
definitely have to do, and that actually surprised me, because
when we were all in Tallahassee, it sounded like a whole bunch
of "must dos" were coming our way. I mean, didn't it? And I
think you said something -- Commissioner Hall said something
to Senator Passidomo and kind of caught her off guard a little bit
saying that --
COMMISSIONER HALL: She said "I'll look into it."
CHAIRMAN LoCASTRO: She said, "I'll look into it."
COMMISSIONER HALL: An hour and a half later, it
passed.
CHAIRMAN LoCASTRO: Yeah. I don't know if there's
any other, you know, questions here or we're -- this is just an
overview. We're not voting on anything.
MR. KLATZKOW: Commissioners, we're very unique.
You have the combination of your zoning pattern, which is
mostly agriculture in the Estates, so that takes you out. Plus,
we're as expensive a county as there is. From a developer's
standpoint, they're going to make well -- way more money on a
luxury project than they're ever going to do in an affordable
housing project.
So from the economics of it, unless we have a significant
economic turndown here, I think you're going to see more and
more units being built at very high rents. I mean, my
understanding, that units across the street from us are going up
to 4,000, you know, apiece, and it's just -- it's just astounding to
me, you know, just how expensive apartments have gotten in
Collier County.
CHAIRMAN LoCASTRO: Are we voting on your
recommendations that you had there?
June 13, 2023
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MR. KLATZKOW: Just acceptance of the report.
CHAIRMAN LoCASTRO: Yeah, just accept it. Okay.
Commissioner McDaniel.
COMMISSIONER McDANIEL: In specific here, there
are recommendations to give direction to staff to develop a
process for the --
MR. KLATZKOW: Yes, sir.
COMMISSIONER McDANIEL: -- administrative
approval. I'm not sure that we -- well, we should do that, but
I'm -- we're really -- other than looking at it, we're really not
really allowed to voice an opinion on how and what
they're -- what's being proposed because of the preemptive side
of this.
MR. KLATZKOW: Well, you'll be preempted once it's
done but as far as the process goes, you may want to take a look
at what that process is, and you can certainly make adjustments
to that process.
COMMISSIONER McDANIEL: Okay. Yeah. I concur
with that. I concur with all of the recommendations here.
My statement to you is, you know, the -- I would -- I would
be a little bit more concerned with the advent of this actually
coming into our world just because of the commercially zoned
properties along Davis Boulevard in the triangle right across the
street from Airport Road, some in the CRA district of the
commercially zoned properties that, by right, go to that density
of 90-some a unit and a height restriction that's equivalent to a
building that's within a mile. There are -- there are quite a few
pieces of property that could be impacted by this -- by this new
law.
MR. KLATZKOW: Time will tell.
COMMISSIONER McDANIEL: Okay. So, you know,
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your statement of it not likely coming, I --
MR. KLATZKOW: I don't think it is, but I've been wrong
before.
COMMISSIONER McDANIEL: Time will tell, certainly,
on whether that will actually transpire. And, again, I think -- I
don't disagree totally with you with regard to it simply because
the requisite of a 40 percent hold for 99 years in an affordable
status does have a large impact on the marketplace.
CHAIRMAN LoCASTRO: Commissioner Saunders.
COMMISSIONER SAUNDERS: I'm going to take a little
bit different approach here. We are working hard to get
workforce housing and affordable housing built in this county,
and we've done a lot to promote that. The $20 million we have
in a fund for acquiring property for that purpose is a good
example.
I'd like to be able to adopt some of these proposals. Even
if they don't result in anything significant, they at least send a
message that we are serious about promoting workforce and
affordable housing.
So, for example, the ad valorem tax exemption, the
statement was, well, we're probably not going to have much of
that because more money can be -- can be made in a market-rate
type of a project here in Collier County. But even if it doesn't
generate anything significant in terms of numbers, I think it still
sends a message that this board is serious about workforce and
affordable housing.
So I'd like to take a little step back here and see what we
can implement even if it -- as I said, even if it's a de minimis
impact on the overall problem, because I think it keeps us on the
right side of the issue as far as the public's concerned. And who
knows, maybe it will result in some benefit.
June 13, 2023
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So I would suggest, especially -- and I'll go back to the ad
valorem tax thing for the lower income type of facilities. Why
not approve that? Why not have that as part of our policy and
see what happens?
MR. KLATZKOW: Commissioner, this is an as-of-right
statute, all right. I think it has limited local application, but you
could certainly, through ordinance, make as-of-right affordable
housing in this county and expand on what we have. That
would be a Board prerogative.
COMMISSIONER SAUNDERS: I'm not sure I
understand that.
MR. KLATZKOW: Right now what happens is people
come to you for a Comp Plan amendment and a PUD, all right.
You could take some of the concepts here and expand upon
them so that people can simply go through a staff process for
affordable housing rather than coming to the Board. For
example, if it's affordable housing, you can have up to, pick a
number, 25 units per acre provided that 30 percent of that is
affordable or what have you. You can make this as of right.
Prior boards never wanted to do that. Prior boards preferred to
hear each case on an individual basis and the impacts on the
local neighborhoods.
COMMISSIONER SAUNDERS: Well, obviously, we're
going to want to hear the impacts on individual neighbors, but I
think what I'm suggesting is that if there are provisions in this
legislation that give us some flexibility, like the ad valorem tax
issue, I think we should consider those, and maybe that's going
to require staff coming back with some recommendations. But
that's just my thought.
COMMISSIONER McDANIEL: I agree.
CHAIRMAN LoCASTRO: Commissioner McDaniel, did
June 13, 2023
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you have something you wanted to add?
COMMISSIONER McDANIEL: Well, the number one
real capacity the local government has with regard to housing
affordability is the expense associated. And one of the
main -- one of the main governances that we have allowed to us
is taxation, whether it be ad valorem or impact fees. But I
would like to -- I would like to see some analysis because, with
any development, you have a variation in your taxation that
comes both in ad valorem and in impact fees. And I'd like to
see some analysis on that in that regard to see if, from a
budgeting standpoint, we can get there from here and provide
for that housing affordability if -- I've commented often on our
impact fee structure et al and how that is a statutorily imposed
tax on the first person in and how it elevates the cost. I think
we adopted -- you were -- I think you voted for our pilot
program in Immokalee that --
COMMISSIONER SAUNDERS: Sure.
COMMISSIONER McDANIEL: -- we allowed for the
shifting of that front tax on the first person to be born on the
property and amortized over a 30-year period and took that
$30,000 burden off the first person coming in and allowed it to
be amortized and travel with the property. And that provides
for an enormous amount of housing affordability on the other
side of the equation. The cost is essentially the same, but the
burden of the expense isn't borne by the first person in.
So I'd like to -- I'd like to see some data with regard to what
impacts these changes will have with us and -- because we do
have some authority over the taxation side.
So I agree with you, Commissioner Saunders.
CHAIRMAN LoCASTRO: Commissioner Hall, and then
Commissioner Kowal.
June 13, 2023
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COMMISSIONER HALL: So the item is up to direct staff
for the process, and they do a pretty good job, a pretty creative
bunch. And so I would like to see what -- the process that
comes forth. And the way that the ad valorem tax relief would
come forth, I would imagine -- and I'm just kind of talking off
the top of my head. I would imagine that the applicant would
ask for that, and so in that process it would come before us to
determine whether that would be something we wanted to do or
we didn't want to do instead of just offering it carte blanche or
whatever. I would ask -- so I'm just anxious to see what the
process might be.
MR. KLATZKOW: You would need to enact an
ordinance, and the ordinance would set forth the process.
COMMISSIONER HALL: So we couldn't look at it as a
case-by-case basis?
MR. KLATZKOW: No. You would want would
to -- you would want to put it in ordinance form. You can give
yourself a bunch of discretion in that ordinance, but you would
want to put it in ordinance form.
COMMISSIONER HALL: Couldn't that be part of the
process that --
MR. KLATZKOW: Which process, sir?
COMMISSIONER HALL: So we have somebody that
wants to come forth with an affordable housing project and it's
not -- that they have by right. So they're going to bypass us for
rezoning or whatever because they have it by right.
MR. KLATZKOW: Yes, sir.
COMMISSIONER HALL: But they want -- as incentive,
they want property tax relief, which we do have authority over.
So you're saying we have to have an ordinance that says --
MR. KLATZKOW: It's a local option that you would
June 13, 2023
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need to enact an ordinance if that's what you wish to do.
COMMISSIONER HALL: I guess when I think about an
ordinance, I think about an absolute. So how can we word it or
how can we do it to where we have, on a case-by-case basis, if
someone asks for property tax relief, we have that authority?
MR. KLATZKOW: If you want me to -- if you want to
direct me to work with staff, I will come forward with a
proposed ordinance for your review.
COMMISSIONER HALL: I mean, you hear what I'm
saying?
MR. KLATZKOW: I do hear what you're saying, sir.
COMMISSIONER HALL: Okay.
CHAIRMAN LoCASTRO: Commissioner Kowal.
COMMISSIONER KOWAL: Thank you, Chairman.
Yeah, I kind of agree with Commissioner McDaniel. I
think, especially in my district, if you look at the western portion
of Davis Boulevard, we have some older -- older commercial
properties that have been there for years and years and some
older strip malls that are in a little bit of blight, you know,
unrented. There may be some people out there, especially if
they get the option to get a break on some of these taxes, and
take a chance, take a bite of that apple to build something in
there. And I think that's -- the way we've been moving, this
board's kind of been moving in that direction.
If we have an opportunity to get some affordable workforce
type housing, especially close in to where the jobs are and it cuts
down on traffic, using public transportation, that, you know,
these are things that I think we, ourselves, have already sent up
to get approval. So I don't -- I don't have a problem with us,
you know, looking and diving a lot deeper.
And on the lines of what Commissioner Hall was saying, I
June 13, 2023
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think, you know, the ordinance could just purely be the proper
verbiage, you know, or a request for something or, you know, in
the ordinance. It's only viewed when there's a request done and
the ordinance being enacted. You know, that way it's not a
blanket, you know, cover ordinance to any developer regardless.
It would have to be specific, an ask.
You know, I don't know if there's a language we can delve
into with the staff and yourself that -- maybe something that you
can put in ordinance form that we use.
MR. KLATZKOW: I will put an ordinance based on your
direction to me, and I'm hearing -- I'm hearing what you're
saying, but right now I only hear two people interested in that
ordinances.
COMMISSIONER McDANIEL: Three.
MR. KLATZKOW: Then we'll come forward with one.
COMMISSIONER SAUNDERS: Do you need a motion
or anything?
MR. KLATZKOW: No, it's -- I mean, that's fine. I'll
work with staff and come back with a proposed ordinance.
COMMISSIONER SAUNDERS: Well, let me just
reiterate then -- and when you come back -- we talked about ad
valorem taxes as a possibility, and I understand Commissioner
Hall wanting to have flexibility, and I agree with that.
There may be other things in that multiple 100-page bill
that gives us some ability to, again, send that message that we're
serious about affordable housing.
And so if there are other things that we can consider, that
certainly is one of them. But I'd like to know if there's other
things in there that might benefit that effort.
MR. KLATZKOW: And you can always cut down on
what we give you. So we'll be expansive in the ordinance.
June 13, 2023
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COMMISSIONER McDANIEL: And if I can,
Mr. Chair -- I'll hit my button.
CHAIRMAN LoCASTRO: Okay. Go ahead, sir.
COMMISSIONER McDANIEL: Just -- and I have no
issue or concern about having this reviewed by the Affordable
Housing Committee. There's a lot of -- there's a lot of really
bright people over there that may have a better mousetrap or an
addition to the mousetrap. So having the ordinance reviewed
by them before it comes back to us I think's a good idea.
MR. KLATZKOW: We will do that.
CHAIRMAN LoCASTRO: Okay. Any other questions?
COMMISSIONER McDANIEL: You don't need a motion
on this?
MR. KLATZKOW: No. I got the -- I've got full
direction from the Board. Thank you.
CHAIRMAN LoCASTRO: County Manager, what else
do we have left?
MS. PATTERSON: Commissioners, that brings us to staff
and commission general communications.
Item #15A
PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE
CURRENT OR FUTURE AGENDA BY INDIVIDUALS NOT
ALREADY HEARD DURING PREVIOUS PUBLIC COMMENTS
IN THIS MEETING
15A is public comments on general topics not on the
current or future agenda by individuals not already heard during
previous public comments in this meeting.
MR. MILLER: We have none.
June 13, 2023
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CHAIRMAN LoCASTRO: Okay. Let's keep pressing.
We don't -- you know, normally we would take a lunch break
here, but we're at the end, so...
Item #15C
STAFF AND COMMISSION GENERAL COMMUNICATIONS
MS. PATTERSON: We're at the very end.
Just a reminder, we do have our budget workshop starting
at 9:00 a.m. on Thursday.
CHAIRMAN LoCASTRO: Right.
MS. PATTERSON: So we'll see all of you there.
And I only have one other item. We did receive
correspondence from the City of Everglades. Because the
Governor still has not signed the budget, they are looking for a
little assistance from the county in support of the appropriation
for the EOC fire station/EMS station down in Everglades City.
So they had just asked anything that we could do, put in a
good word for that item remaining in the budget, that they're
looking for that assistance. So we can have Mr. Mullins write
up a letter for the Chairman's signature just in support, because,
of course, it's a very important project for us. We have had a
lot of difficulties down in Everglades after Hurricane Irma and
after Hurricane Ian due to the flooding and the fire station and
our EMS folks being displaced. So that project moving
forward's a good thing for everybody.
COMMISSIONER McDANIEL: I'd be really happy for
that letter.
CHAIRMAN LoCASTRO: Yep. Okay. Let's do that.
MS. PATTERSON: We'll have Mr. Mullins prepare it for
June 13, 2023
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your signature.
Thank you. That's all I have.
County Attorney?
MR. KLATZKOW: Nothing further. Thank you.
CHAIRMAN LoCASTRO: Okay. Commissioner
Kowal, any closing comments?
COMMISSIONER KOWAL: No, I just think we had a
very efficient meeting today. We got through a lot of things
quickly. I commend you.
CHAIRMAN LoCASTRO: I was sick so I didn't talk as
much.
COMMISSIONER KOWAL: I didn't want to say that. I
was just --
COMMISSIONER McDANIEL: No disrespect.
COMMISSIONER KOWAL: -- commending you on how
you ran the meeting.
COMMISSIONER McDANIEL: Silence prevails.
CHAIRMAN LoCASTRO: Listen, you guys
aren't -- you're not supposed to agree. You're supposed to say
no, no, no. We love you.
Commissioner Saunders.
COMMISSIONER SAUNDERS: Thank you,
Mr. Chairman.
I'm going to bring up one topic that's kind of really old
news but I think it's important.
Back in -- on January 10th, that's when Commissioner
McDaniel had brought up the summer recess issue, and I had
suggested that, you know, we have 13 or 14, 15 members of our
staff that sit in these meetings all day long. We have the
Monday meet -- one-on-one meetings that take all day, but that's
only the tip of the iceberg in terms of what staff has to do to get
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ready for these meetings, and then we put on them all kinds of
study requests. We just did one for the county to come back to
us pretty quickly on what we can do on workforce housing.
I think it's important for -- not for us, because we're not on
vacation. We have a joint MPO -- Collier and Lee County
MPO meeting at the end of August. I mean, we're here. We're
doing the things that we need to do. But I think it's important to
give our staff a bit of a break here. Give them the time off from
the meetings, to complete the studies that we ask them to do.
If they want to take family vacations -- I can tell you we
have an incredibly dedicated staff, and if we say to them, listen,
we're going to have a meeting -- our meeting in August, but staff
doesn't have to be here, we don't have to have everybody here,
well, that puts a lot of burden on staff, because they're going to
want to be here. They're going to want to be available, because
that's the nature of the way they work, and we've witnessed that
every time we're here.
I bring this up again because on January 10th, we had two
new commissioners, and it was really just your third meeting, so
you really had no idea what's involved in all of this. And so I
just wanted to raise that subject to see if there's any
consideration of going back to our normal -- what was our
normal meeting schedule. A meeting until July and then come
back in the first week of September for our budget hearings.
I'll just throw that out. If there's any interest in that, we
can proceed to change our schedule. If not, then we just
continue with the schedule as adopted on January 10th.
COMMISSIONER KOWAL: Could I just make a
comment?
You know, I started thinking about this, and I was thinking
about traditionally what you guys have done in the past. And I
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looked at the August month, and I kind of questioned it because
when I look at family vacations and things like that, you know,
in Collier County, historically, our kids are back in school the
first week of August, second week of August. It's usually the
month of July is when the whole family's together as a unit
where they don't have any commitments.
And I just thought it was odd that you guys traditionally
always did August because, really, there's no -- you know, at
that time people are going back to their business, especially here
with the families and people having children still in school.
So, I mean, if anything -- you know, one meeting here to
give them a break I think would be more justified in the month
of July than in August when the families are actually combined
as a unit. You know, I was just -- just looking at it from
outside, and I was kind of, you know, dumbfounded why August
was the particular month because I know me as a father, I never
had time to take off in August because my kids were back in
school and type of things like that.
So I'm just putting it out there. Just saying if it does
happen and we happen to go back, just -- maybe the dates just
don't coincide. I don't know. Just throwing it out there.
CHAIRMAN LoCASTRO: Commissioner Hall.
COMMISSIONER HALL: You know, when this first
came up, I was -- we were brand new. And I certainly didn't
want to give the impression that I didn't want to work, which
that's kind of what I was thinking. I had no idea how the ebb
and flow and staff and the work that -- you know, one week on
and one week -- I mean, it takes one week to prepare. Then
they've got the week of the meeting. So I really didn't have that
idea.
I started asking them, I started talking to them. I said, if
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we had the summer break what -- you know, it's not about them
taking vacations. Sure, they can do that if they want. But what
they mostly told me was this is a time that we can catch up.
And, it's -- you know, I'm working anyway. I mean, I'm
working all through the summer. I've got a Florida housing
conference to go to. We've got the joint MPO. I mean, we
have constant meetings with people. So it's not that I'm not
willing to work, because we are working. But if they took the
break and allowed them -- maybe we don't need the three weeks.
Maybe two of it. I would prefer to have the break -- or to hear
from them what -- you know, I don't want to put them on the
spot because they're talking to us, but I'm -- I'm not opposed
to -- you know, to bringing it back.
I certainly didn't know in January that -- if we had the
summer break, I felt like it was me just taking off, like I wasn't
willing to work, which that's not the case at all. It's more about
them having the chance to catch up, having them the chance to
reset. And, you know, budget's coming in September, when it
gets real hot and heavy, and that process has already begun. So
I'm not opposed to bringing it back.
CHAIRMAN LoCASTRO: Commissioner McDaniel.
COMMISSIONER McDANIEL: Certainly do anything
you want. Let me repeat what I said before, the rationale
behind it. It certainly is no slant on our staff whatsoever. Our
staff's very busy all of the time. We're all very busy all of the
time.
We're here to do the people's business, and we're not a little
less than a 100,000-population community like we were 40
years ago when I moved here. There's 400,000 people that live
here, and those folks deserve, whether needed or not, or a
current situation is set up to allow them, they deserve the access
June 13, 2023
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to their -- to their government in an official meeting status,
number one.
Number two, my suggestion would be leave it alone for
what we have this year. Basically treat it as a pilot program. If
we go through this summer and work through the summer and
we find it to be a waste of our time or our staff's time, we'll
make an adjustment in the spring of next year.
My proposition in those three extra meetings that are -- that
are slated for the summer are to dive into the budget that's
coming upon us. You haven't been through that budget process.
COMMISSIONER HALL: This is true.
COMMISSIONER McDANIEL: We're going to get
another force-feed with the -- have you read your budget book
yet?
COMMISSIONER HALL: The summary.
COMMISSIONER McDANIEL: Yeah. So we're going
to get a force-feed with the fire hose on Thursday with regard to
this budget. And use those extra meetings -- we've already
agreed to withhold contentious land-use items during those extra
meetings -- and use that period of time to dive into the budget to
work with our staff to make sure that the newly adopted vision
statement, mission statement, business plan, and budget
priorities are being adhered to by our staff.
That was my rationale behind it. Now, if you-all want to
change -- or shift back to what we were doing before, I'm fine
with that. I mean, I'm not going to throw myself on this sword.
It just is -- things are different than what they used to be, and so
I would prefer -- and we can debate it again if you want to bring
it back as an official item, but I -- I'm -- those were my
rationales when I brought it forward for six years in a row, and
they are still my rationale for --
June 13, 2023
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COMMISSIONER HALL: No, it makes sense.
COMMISSIONER McDANIEL: Well, it's scary -- yeah,
so anyway.
COMMISSIONER HALL: I mean, I -- excuse me, if I
may. It makes great sense, but at the same time, you know, you
said our agenda items are limited because of lack of public
access. So there are things that we're not going to bring up, and
it was just a time -- I think you said, you know, just keep it for
the summer and -- or keep it like it is. And if we don't need
that, then we can adjust it. I'm thinking if we keep it like it was
and we do need it, then we can adjust it. That was --
COMMISSIONER McDANIEL: That's going backwards.
I have sat through the force-feed with the fire hose in the budget
process, the workshop that we're having on Thursday where we
can't take a vote. We don't vote on anything during that
workshop. Staff sits here in front of us and tells us why they're
doing what they're doing and how they're doing what they're
doing.
COMMISSIONER HALL: I remember last year in the
campaign when I --
COMMISSIONER McDANIEL: And so -- again, it's
my -- if you want to bring it back, bring it back. If you -- there
was rationale behind why I was asking for it.
COMMISSIONER HALL: No, I understand.
COMMISSIONER McDANIEL: So it's up to you-all.
It's up to Commissioner Saunders if he wants to do something
different.
CHAIRMAN LoCASTRO: Commissioner Saunders.
COMMISSIONER SAUNDERS: Yeah. We do have a
lot of work to do in terms of the budget, and between now and
our meeting in July, we have a lot of work to do in terms of
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going through the budget. And we have a -- we have a month
now to do that. And then when we come back in September,
we have that whole month again to do that. And so it's not that
we don't have time to -- on an individual basis to review the
budget, and it's not that we don't have time to work with the staff
on what the priorities are. We have plenty of time.
We've all sat through budget hearings except for a couple
of the new folks, and, generally, we start at 5:05, and if history
is an indicator of the future, those meetings are usually over by
5:30 because we have no real questions. We have very little
public input because our budgets are so well done. So I don't
think -- I don't think we really need a meeting in August to go
over the budget. If we do, as Commissioner Hall has said, we
can always -- we can always do that.
One thing I did learn, and over the years that I've been on
the Board, is I know how to count to three. And right now
there are two of us that have said we'd like to kind of consider
going back to the original schedule, and we have one that's
indicated that, maybe we should not be meeting in July. But I
think it's too late not to meet in July because we have --
COMMISSIONER KOWAL: I was just throwing it out
there in consideration, because I just thought it was a funny
timeline you guys always fall under.
COMMISSIONER SAUNDERS: Yeah. And maybe
next year the timeline should be different, but right now we
have -- our first meeting in July we're really digging into the
budget. We're adopting our --
MS. PATTERSON: Maximum.
COMMISSIONER SAUNDERS: -- maximum millage
rate and doing things that we don't want to try to alter now.
COMMISSIONER McDANIEL: We aren't altering it.
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We've always met the first meeting in July, always, and then we
took the second meeting in July off and then both of August.
COMMISSIONER SAUNDERS: That's correct.
COMMISSIONER McDANIEL: Which is a crucial
period of time in our -- in our --
COMMISSIONER SAUNDERS: Well, I was in the
middle of a sentence. And I don't want to interrupt you, but
you just interrupted me. And push your button, and let's be
orderly about it. But I was in the middle of a discussion.
COMMISSIONER McDANIEL: Complete your sentence.
Forgive me for interrupting you.
COMMISSIONER SAUNDERS: Mr. McDaniel, I will
proceed.
CHAIRMAN LoCASTRO: Commissioner Saunders has
the floor.
COMMISSIONER SAUNDERS: So I was saying that I
can count to three, and it looks like there are three members that
want to consider this. And if that's the case -- and,
Commissioner Kowal, I don't want to put words in your mouth,
but it sounds like you're interested in reconsidering this and, if
so, then, we will.
COMMISSIONER KOWAL: I mean, I think -- you're
asking me a question. I think -- I think it should be case by
case. I think -- I don't know if -- even if it's as simple as, you
know, us giving the Chair the authority to look ahead and say,
you know, maybe this particular meeting in August or this
particular meeting, it may not be necessary, and the prior
meeting before that, we just take a vote from the dais and say,
all right, that particular meeting's not going to happen.
But I don't know about, you know, reversing anything
we've already done. I mean, if that clarifies what my statement
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was. I was just -- I was just drawing attention to in the past,
and I was looking at it, and I didn't see the logic. But now I see
the logic because there's the parts -- moving parts behind, not so
much the giving our staff a break to be with their families or
giving them vacation time and stuff like that.
I looked at it that way as why you guys did it in the past.
But evidently that's not why you did it. It was based on where
the budget falls and where our meetings fall and where we go
from there, so...
COMMISSIONER SAUNDERS: That was a large part of
it, and -- so we have, I think, two and a half.
CHAIRMAN LoCASTRO: Commissioner McDaniel, did
you have a comment? And then Commissioner
Hall's -- Commissioner Hall?
COMMISSIONER HALL: I was just going to reiterate.
Really, my thoughts were, it wasn't about staff being able to take
vacation, which they can. It was more about them being able to
catch up on the stuff that we put forward to them, and then when
we do come back, we hit the budgeting running, and then they're
caught up. And I've talked to all departments, and that's the
general consensus.
CHAIRMAN LoCASTRO: Commissioner McDaniel.
COMMISSIONER McDANIEL: And, again, if you want
to bring it back, bring it back. We'll certainly have the
discussion.
I just want to reiterate that we're here to do the people's
business.
CHAIRMAN LoCASTRO: Here's what I would inject
here, rather than just do something on the fly to adjust July and
August meetings in June, why don't you chew on it, give some
thought to it, bring back a viable motion with -- or you can
June 13, 2023
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overrule this. I mean, obviously any commissioner here can do
anything. But we're talking about three meetings. You know,
we voted to have, you know, a second meeting in July, which
we normally wouldn't have, and the two meetings in August.
So I started to hear Commissioner Kowal say something
that I thought maybe had merit, not that it didn't, but it just got
me thinking, okay, is there one of those three meetings that we
would not have that we would -- we would sort of split the
difference and have two of the three? And, I mean, I'm here
trying to do math in my head and see what I would support.
But I don't think, you know, doing some quick knee jerk
here -- or maybe there isn't a knee jerk. Like you said, you can
count to three. If you count to three -- I'll probably stick with
what we already voted on because I agree with Commissioner
McDaniel and, you know, it's something that I supported since
I've been in this seat for different reasons.
I mean, I hear everything everybody's saying. I disagree
with some of it. I agree with some of it. But I don't think
that -- well, I'll just leave it there. I mean, I said my comments
when we voted on this and it did pass, and I stick by that. I
don't think we're a high school where we take summer vacation,
and, you know, I don't -- I don't mean to say this to disparage
our staff at all, but, you know -- you know, Microsoft doesn't
take a summer vacation so people can catch up.
You know, like I said before, when we voted on this, give
me the names of everybody that needs catch-up time. And I
really don't think that's an actual assessment. It's not a matter
of, you know, people use the summer to catch up. You know, I
would hope that's not the case, because then it sounds like we're
very inefficient, because I don't think Arthrex takes off in the
summer, or NCH, to catch up.
June 13, 2023
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So that -- and that's what I had said, you know, previously.
But my suggestion would be, chew on it. We've got another
meeting in two weeks. And if somebody here feels passionate
about it, come back with an actual motion with something
specific, or make a motion now if, like you said, you think you
can count to three and you have three votes.
I've got Commissioner Hall lit up, and then Commissioner
Saunders is on deck.
COMMISSIONER HALL: I just wanted to throw out,
maybe not three meetings in a row. Maybe come back in the
last week of August -- or the last week of August, so it would
give them just some time to reset. I'm not saying -- we do the
people's business. We're just not up here doing the people's
business. And we're limited on the people's business that we do
because we're waiting on publics to come back.
So we're postponing some of the projects that we're going
to make decisions on so that there is public input. And that was
my only -- that's my only thought. It's -- I have had those
conversations, and they're -- and the heads are nodding. So I
was just -- you know what, we don't have to say, hey, we're
going to take three weeks off. Why don't we take the last -- the
last of July and the first of August, the first meeting of August,
and that's a month to reset, so...
CHAIRMAN LoCASTRO: Commissioner Saunders.
COMMISSIONER SAUNDERS: I think that would be a
reasonable compromise, and I would -- I'll make a motion to do
that.
CHAIRMAN LoCASTRO: Commissioner McDaniel, sir,
you're lit up.
COMMISSIONER McDANIEL: Yes. And I just would
suggest, before we -- I mean, you can vote on anything, if you
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wish, but have a look at the in-absentia agendas that occur in
September -- that have occurred in September and the amount of
business that actually transpires during that period of time that
we vote on in absentia that -- business that transacts for the
people. Have a look at that before you pull the trigger.
COMMISSIONER HALL: What is "in absentia"?
COMMISSIONER McDANIEL: After the fact. It's
already done.
MS. PATTERSON: Commissioners, if I can clarify. So
during the summer, in that period of time, the second meeting in
July and the two meetings in August, we actually prepare an
agenda to continue with the -- a lot of the ministerial and
administrative work of the county. So the things that would
appear on the consent agenda, it's that type of work.
We have rules on what can go on there. It is nothing that
would have to appear on a regular agenda. There's dollar
thresholds of control as well as span of control issues. So it's
the -- it's the routine things that you see on the consent agenda
continuing on into the summer, allowing people to buy things, to
enter into certain types of contracts and only certain types.
Lots -- lots of rules apply to that absentia, and then it's ratified
by the Board when you come back from the summer recess.
CHAIRMAN LoCASTRO: Here's what I'll say. I mean,
I haven't been in the seat as long as Commissioner Saunders and
Commissioner McDaniel, but I do remember when we came
back from summer break. I actually was kind of surprised how
stuff was stacked up, you know. And maybe it didn't put us
into a tailspin, but one of the reasons why I supported working
through the summer was so that we kind of had more of a
cohesive accomplishment of things.
The other thing, too, is it sometimes is said, well, in the
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summer nobody's here. You know, it's seasonal, and
everybody's gone. Well, the people that live here all year-round
don't feel that way. And, you know, allowing somebody to
come to that podium every two weeks is important to that
person.
So those were some of the things that factored into it for
me. Granted, we're not going to vote on anything ginormous
over the summer. We already know that. But the regular
business of buying garbage cans and AEDs and passing permits
and talking about roads or having a meeting to get ready for the
budget -- I agree with Commissioner McDaniel, this isn't
the -- you know, maybe 100 years ago before the Centennial
they could meet, you know, once every six months and do the
business, but I just think this is a big, huge machine.
And my initial thought of voting to work through the
summer was similar to what Commissioner Kowal was saying is
have the meetings on the books, and if we think that there's not
enough on the agenda at any time, we can say -- you know, we
could cancel a meeting. But I just thought that was more
proactive than saying, let's take the summer off, but if we have
some business, we'll throw a meeting on. I like it the other way
around, which is we're going to meet, and if we think the
meeting is totally worthless -- but I think we're going to find out
no meeting is worthless. They might be a little shorter, like
they are today, but there's always business, you know, to do for
the county. That was my initial thought.
I don't know if we're squeezing too much juice out of this
orange right now, but --
Commissioner Saunders, did you have something you
want --
COMMISSIONER SAUNDERS: No, I would say that if
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you do recall back last September when we had our first
meeting, we actually had very short meetings through
September, and I remember commenting that, you know, there
was no backlog. I'm not trying to contradict what you said, but
that was my recollection of it was that we really didn't have a
backlog.
And as Commissioner Hall has said, we're here doing the
work. If we need a meeting, the Chairman can call a meeting
on his own motion, three commissioners can come together to
call a meeting. The manager can call a meeting. So we're
available if necessary.
We have a motion. I think it's a good compromise. If that
passes, then that's fine. If it doesn't pass --
CHAIRMAN LoCASTRO: What's your -- what's the --
COMMISSIONER SAUNDERS: Well, the motion
was -- Commissioner Hall had said, why don't we just not have a
second meeting in July and not have a first meeting in August.
Have our second meeting in August and move forward from
there. And I thought that was a reasonable compromise. I
think it gives staff -- as Commissioner Hall said, gives staff a
month to recalibrate and go through the projects and come back
ready to defend the budget.
COMMISSIONER HALL: I'll second it.
CHAIRMAN LoCASTRO: Okay. I've got a motion and
a second which would basically, if I'm summarizing
correctly -- so we wouldn't have a meeting -- we have a
meeting -- we would have a meeting the first week of July, no
meeting the second time in July, no meeting the first -- you
know, it's not the first week, but the first of August, and then the
last -- we would have a meeting -- so basically we're crossing
off two meetings and keeping the second August meeting,
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correct?
COMMISSIONER SAUNDERS: Correct.
CHAIRMAN LoCASTRO: Is that right?
Okay. So I have a motion and a second. All in favor?
COMMISSIONER HALL: Aye.
COMMISSIONER SAUNDERS: Aye.
Opposed?
COMMISSIONER McDANIEL: Aye.
CHAIRMAN LoCASTRO: Aye.
COMMISSIONER KOWAL: Aye.
CHAIRMAN LoCASTRO: It passes 3-2.
COMMISSIONER SAUNDERS: Did it pass?
COMMISSIONER KOWAL: No, it didn't.
COMMISSIONER McDANIEL: You better recount.
CHAIRMAN LoCASTRO: Okay. Maybe I'm -- well
first of all, it doesn't need to be four votes. It only needs to be
three, right?
COMMISSIONER McDANIEL: Three.
CHAIRMAN LoCASTRO: Okay.
COMMISSIONER SAUNDERS: I think you had three
against.
COMMISSIONER KOWAL: I voted with you two.
CHAIRMAN LoCASTRO: Okay. So the motion
was -- the motion was to amend what we voted on in January,
made by Commissioner Saunders, seconded by Commissioner
Hall. And then I said, "All in favor?" I guess I misheard. I
thought Commissioner Kowal said "aye." So I have an aye
from Commissioner Saunders, who made the motion, an aye
from Commissioner Hall, who seconded it, and then --
COMMISSIONER McDANIEL: And the motion failed.
CHAIRMAN LoCASTRO: Okay. And then I said,
June 13, 2023
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"Opposed?" Commissioner McDaniel, oppose, correct?
COMMISSIONER McDANIEL: Yes.
CHAIRMAN LoCASTRO: I opposed. And
Commissioner Kowal. I guess that's where I didn't --
COMMISSIONER KOWAL: I opposed.
CHAIRMAN LoCASTRO: Okay. So then it fails 3-2.
My apologies.
COMMISSIONER McDANIEL: You had your cold
going on.
CHAIRMAN LoCASTRO: Yeah, it might be, yeah.
Maybe we -- you know, one of the things I was going to
say, too, is, you know, the five commissioners, we used to sit all
next to each other. This is sort of a COVID-19 spreading out,
you know, kind of thing. We'll maybe talk about that at the
next meeting.
But I actually had a -- I actually have a proposal for
seating. One of the things that I really like is how we did pass
the motion of the previous chair would be at the -- would take
the Tourists Development Council, that position, and so that
rotation is good, and also just the way we sort of sit up here. I
did want to ask you-all, did we want to sort of -- you know, do
you like having the spaces in between us, you know, the sort of
COVID thing?
COMMISSIONER McDANIEL: I don't want to be that
close to you.
CHAIRMAN LoCASTRO: Okay. And I'll present it at
another meeting, but I think, sort of the way that we sit up here
is something that, you know, allows people to sort of -- one of
the things that has been very helpful to me is having the former
chair sit right next to me. And so next year when
Commissioner Hall is sitting here being surrounded by
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somebody that's sort of just done it is helpful.
So -- I don't know. I talked with the County Manager
about how every year we could make some adjustments here so
everyone sort of gets a chance to sort of slide this way and that
way, and then the person that's also sitting here is surrounded
by, you know, folks that have just sort of done it, because it's
very helpful. But that's for -- that's for another day.
Any other comments, gentlemen? I have one last thing.
COMMISSIONER McDANIEL: You haven't called on
me. We've got --
CHAIRMAN LoCASTRO: Commissioner McDaniel.
COMMISSIONER HALL: I'm done.
COMMISSIONER McDANIEL: Do you have anything?
COMMISSIONER HALL: Nothing at all, no.
CHAIRMAN LoCASTRO: Okay.
COMMISSIONER McDANIEL: I have --
CHAIRMAN LoCASTRO: See how helpful it is having
the -- go ahead.
COMMISSIONER McDANIEL: Yes.
Commissioner Saunders nominated me to be in charge of
agreements with the City of Naples on parking and interlocal
agreements and such, and since I'm already half in trouble
with --
CHAIRMAN LoCASTRO: Boy, that was irresponsible.
COMMISSIONER McDANIEL: And we're behind on
those things, I just wanted to ask for a quick update as to -- I
know we talked a little bit about it yesterday both on the parking
and the interlocal agreement. So could I get a brief update?
MS. PATTERSON: Yes, sir.
COMMISSIONER McDANIEL: You don't have to be
specific, just -- I haven't been called to a meeting yet.
June 13, 2023
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MS. PATTERSON: No, and you won't be for a little bit.
COMMISSIONER McDANIEL: Okay.
MR. RODRIGUEZ: Good afternoon, Commissioners.
Dan Rodriguez, your Deputy County Manager.
We've actually had our third meeting that was about two
weeks ago with the city manager and his chief financial officer
as well as Ed Finn, myself, the County Manager, as well as our
budget director.
We had good exchange. We're getting into the details of
their budget as it reflects their expenses associated with their
beach access, and we're getting in the details. Basically, we
need to do an extension at their request so that we can get our
numbers a little closer to meet our expectations, your
expectations.
What they provided, they didn't give enough detail on to
the actual expense share and what that the county's allocation is
and why the county would take the full burden of all expenses
associated with the beach accesses and whatnot and as well as
utilizing other opportunities potentially with the TDC for capital
improvements to their 46 beach access points.
So we're having very good conversations, very good
discussions, some details coming out. We have a little bit more
work to do.
COMMISSIONER McDANIEL: Okay. And the
interlocal agreements, I heard there was north of 20?
MS. PATTERSON: There are a lot of interlocal
agreements besides the beach parking.
COMMISSIONER McDANIEL: Are we moving through
those at all?
MS. PATTERSON: I believe we're still in the process of
making sure we even have all of them, but yes. And there are a
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number of them that will need to be addressed. We have an
impact fee interlocal that comes to mind immediately.
COMMISSIONER McDANIEL: Very good.
And in regarding to seating, I -- I enjoy the space that we
currently have. And if we do anything, I would give
consideration to a rearrangement and a bit more of a steeper U
of the dais, because I like -- when we're talking, I have to -- I
like to look at the people that I'm talking to, and it makes it
difficult when we're almost in a straight line and you lean
forward, and I can see what he's thinking.
CHAIRMAN LoCASTRO: You want to rebuild this table
or what?
COMMISSIONER McDANIEL: Commissioner Saunders
doesn't like me to see what he's thinking, but it helps for me to
be able to see --
CHAIRMAN LoCASTRO: Yeah.
COMMISSIONER McDANIEL: -- the reaction and
what's going on.
CHAIRMAN LoCASTRO: If we have five tight, it only
makes it worse. And like I said, I'll talk at a future meeting just
about a proposal I wanted to make about, you know, every 12
months how we would -- we would sort of arrange here to help
the Chair and then also to sort of just, you know, give sort of a
fresh look here. But that's for another day.
My last -- are you done, sir?
COMMISSIONER McDANIEL: I'm done.
CHAIRMAN LoCASTRO: Mr. Rodriguez, what's going
on with the fireworks? So do we have a final decision on that
yet?
MR. RODRIGUEZ: As of yet, no. The inspection with
the fire inspector at the -- well, let me back up here for a minute.
June 13, 2023
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There are two options. In the discussions with the City of
Naples, we were going to partner and bring a recommendation
to the Board where the county would provide fireworks during
the 4th of July celebration, and the city would provide fireworks
on January 1 for the New Year's celebration.
CHAIRMAN LoCASTRO: You know, they're advertising
something different right now. They're advertising that they
would do something in December as part of their Centennial.
And I just remember, when we had talked, it sounded like the
tradeoff was going to be New Year's for the 4th. But they've
released several things saying nothing on the 4th of July but on
December -- I forget the date. It's like the 6th when they have
their Centennial celebration, they would have fireworks then.
And I think that's a bad idea. I think the tradeoff of New Year's
and 4th of July. But anyway, I didn't mean to interrupt, but I
just -- and I'm sure you know that they've -- that they
have -- they haven't said New Year's Eve. They've been saying
sometime in early December.
MR. RODRIGUEZ: That's correct. And, actually, they
voted to not provide fireworks during the summer.
So the county is planning to -- we're looking at providing
fireworks at the sports complex; however, that requires a fire
inspection as well as working with one of our department heads
and our division with the landfill location, so we're working
through that.
The secondary site would be Sugden Park where we
customarily have fireworks. And the good news is we have a
vendor -- a new old vendor who's coming back to do work for
us. We have a PO open ready to roll out the fireworks.
They're used to Sugden Park, and so we'll be bringing that
recommendation to you here soon. You know, within the next
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day or two we'll make a decision for the County Manager.
We will continue discussions with the City of Naples and
see how we can partner so that we get the most participation at
either of our events and they're convenient for the residents.
CHAIRMAN LoCASTRO: I think it's going to be
disappointing if we hear that the sports complex isn't going to be
conducive for fireworks because then, basically, what they're
telling us is it's never going to be conducive because it's going to
fail some sort of inspection because they're concerned about the
gas emissions from the landfill or some other safety concerns.
But from a parking standpoint, you know, all the other things. I
mean, Sugden Park's pretty tight.
Having said that, I think you already answered my
question. If you remember, we have done fireworks at Sugden
but not well. So the last time that we did it, they shot off an
hour and a half late, and everybody was pretty much gone
already and there was like, you know, a mom and three kids who
watched the fireworks. I think that was maybe two 4th of Julys
ago, if I remember correctly.
MS. PATTERSON: It was last year.
CHAIRMAN LoCASTRO: So I liked you saying we got a
new older -- right? It's not the same person who promised to do
it better and they actually didn't, correct?
MR. RODRIGUEZ: That's correct. It's a
well-established vendor who other municipalities have utilized
and they've been very successful in the past, so --
CHAIRMAN LoCASTRO: When's the fire inspection at
the stadium? So when do you think we'll hear from you?
MR. RODRIGUEZ: I believe that's today or proposal.
MS. PATTERSON: Wednesday. It's Wednesday, sir.
CHAIRMAN LoCASTRO: Okay.
June 13, 2023
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MS. PATTERSON: And we are working on a
contingency plan for Sugden for parking. So in the event that
we are going to go to Sugden, we are going to utilize potentially
campus parking and work with CAT to provide some
transportation like we did for the boat show.
CHAIRMAN LoCASTRO: Because what we have to
remember, too, is if we're the only game in town -- Sugden was
always packed, and that was when they were still doing it at the
Naples Pier. So if now Sugden's the only game in town, man,
we're going to have to do something really magical.
So that's why I'm hoping -- and I'm sure we all are hoping
the same thing -- that the stadium is going to pass. I mean, I
don't want to do anything unsafe out there, but I certainly hope
that that can be utilized as a location.
And then I would -- I would just end it by saying -- if we
do it at either location, I think it behooves us to really get with
the city and have them pick up the New Year's Eve celebration
and not that their substitute is doing fireworks in early
December when they were going to do maybe that anyway as
part of their celebration. Then we really haven't traded off
anything, so -- but more to follow, I guess.
MS. PATTERSON: Yes, sir.
MR. RODRIGUEZ: Absolutely. And the sports
complex, they have had fireworks in the past. They've gone
very well.
As far as the potential at the landfill, I managed the landfill
for 13 years, and I've had brushfires on the landfill, around the
landfill, and they were managed appropriately. But if they are
presented at the sports complex, they'll have all the proper
approvals and safety requirements.
CHAIRMAN LoCASTRO: Okay. We'll wait to hear
June 13, 2023
Page 147
from you.
Okay. Anything else? Any seconds? Anything.
COMMISSIONER McDANIEL: I'm good.
CHAIRMAN LoCASTRO: Okay. We're adjourned.
*****
**** Commissioner McDaniel moved, seconded by Commissioner
Hall, and carried that the following items under the consent and
summary agendas be approved and/or adopted ****
Item #16A1
FINAL ACCEPTANCE OF THE POTABLE WATER AND
SEWER UTILITY FACILITIES FOR ARTHREX STUDIO X,
PL20230005106 – FINAL INSPECTION BY STAFF FOUND THE
FACILITIES TO BE SATISFACTORY AND ACCEPTABLE ON,
APRIL 20, 2023
Item #16A2
RESOLUTION 2023-101: RESOLUTION FOR FINAL
ACCEPTANCE OF THE PRIVATE ROADWAY AND
DRAINAGE IMPROVEMENTS, AND ACCEPTANCE OF THE
PLAT DEDICATIONS, FOR THE FINAL PLAT OF ESPLANADE
GOLF AND COUNTRY CLUB OF NAPLES BLOCKS “E” AND
“G2”, APPLICATION NUMBER PL20140002187; AND
AUTHORIZE THE RELEASE OF THE MAINTENANCE
SECURITY IN THE AMOUNT OF $73,410.13
Item #16A3
June 13, 2023
Page 148
FINAL ACCEPTANCE AND ACCEPT THE CONVEYANCE OF
THE POTABLE WATER AND SEWER UTILITY FACILITIES
AND APPURTENANT UTILITY EASEMENT FOR ESPLANADE
BY THE ISLANDS - PHASE 2A & 2D PL20220004267 - FINAL
INSPECTION BY STAFF FOUND THE FACILITIES TO BE
SATISFACTORY AND ACCEPTABLE ON, FEBRUARY 14, 2023
Item #16A4
FINAL ACCEPTANCE AND ACCEPT THE CONVEYANCE OF
THE POTABLE WATER AND SEWER UTILITY FACILITIES
AND APPURTENANT UTILITY EASEMENT FOR ESPLANADE
BY THE ISLANDS - PHASE 2B, PL20220004268 - FINAL
INSPECTION BY STAFF FOUND THE FACILITIES TO BE
SATISFACTORY AND ACCEPTABLE ON, FEBRUARY 14,
2023
Item #16A5
FINAL ACCEPTANCE OF THE SEWER FACILITIES AND
ACCEPT THE CONVEYANCE OF THE SEWER FACILITIES
FOR ISLES OF COLLIER PRESERVE PHASE 16, PL20220006201
- FINAL INSPECTION BY STAFF FOUND THE FACILITIES TO
BE SATISFACTORY AND ACCEPTABLE ON, DECEMBER 15,
2022
Item #16A6
June 13, 2023
Page 149
FINAL ACCEPTANCE OF THE POTABLE WATER AND
SEWER UTILITY FACILITIES AND ACCEPT THE
CONVEYANCE OF A PORTION OF THE POTABLE WATER
FACILITIES FOR NORTH NAPLES RESEARCH &
TECHNOLOGY PARK – LOT 13 PL20230002978 - FINAL
INSPECTION BY STAFF FOUND THE FACILITIES TO BE
SATISFACTORY AND ACCEPTABLE ON, MARCH 21, 2023
Item #16A7
FINAL ACCEPTANCE OF THE POTABLE WATER AND
SEWER UTILITY FACILITIES FOR RITZ-CARLTON NAPLES
HOTEL ADDITION – PHASE 3, PL20230005425 - FINAL
INSPECTION BY STAFF FOUND THE FACILITIES TO BE
SATISFACTORY AND ACCEPTABLE ON, APRIL 10, 2023
Item #16A8
FINAL ACCEPTANCE OF THE POTABLE WATER UTILITY
FACILITIES AND ACCEPT THE CONVEYANCE OF A
PORTION OF THE POTABLE WATER FACILITIES AND
APPURTENANT UTILITY EASEMENT FOR THE PLAZA AT
FOUNDERS SQUARE, PL20230001534 - FINAL INSPECTION
BY STAFF FOUND THE FACILITIES TO BE SATISFACTORY
AND ACCEPTABLE ON, APRIL 10, 2023
Item #16A9
June 13, 2023
Page 150
CLERK OF COURTS TO RELEASE A PERFORMANCE BOND
IN THE AMOUNT OF $25,000 WHICH WAS POSTED AS A
GUARANTEE FOR EXCAVATION PERMIT NUMBER
PL20200001049 FOR WORK ASSOCIATED WITH CHRIST THE
KING CHURCH – LAKE WAS INSPECTED BY STAFF ON
APRIL 10, 2023
Item #16A10
CHAIRMAN TO SIGN A ONE-YEAR EXTENSION TO THE
MEMORANDUM OF UNDERSTANDING BETWEEN THE
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
AND THE EARLY LEARNING COALITION OF SOUTHWEST
FLORIDA INC., TO PROVIDE LOCAL MATCH FUNDING IN
THE AMOUNT OF $75,000 IN FISCAL YEAR 2024
Item #16A11
A CONCRETE PAD, AN EMERGENCY GENERATOR, AND
CHAIN LINK FENCE CONSISTENT WITH RIGHT-OF-WAY
(ROW) PERMIT PRROW20220733400, TO ENHANCE PUMP
STATION 300.20, WHICH SERVES THE GREATER NAPLES
FIRE STATION WITHIN NAPLES MANOR
Item #16A12
RESOLUTION 2023-102: PUBLIC HEARING TO CONSIDER
VACATING THE 60-FOOT-WIDE RIGHT-OF-WAY, DRAINAGE
AND UTILITY EASEMENT AS RECORDED IN OFFICIAL
RECORD BOOK 1639, PAGE 1551, OF THE PUBLIC RECORDS
OF COLLIER COUNTY, FLORIDA, LOCATED
June 13, 2023
Page 151
APPROXIMATELY ¾ OF A MILE EAST OF STATE ROAD 951
(COLLIER BOULEVARD) AND A ¼ SOUTH OF MANATEE
ROAD IN SECTION 10, TOWNSHIP 51 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA. (PL20220003815)
Item #16B1 – Moved to Item #11B (Per Agenda Change Sheet)
Item #16B2
BUDGET AMENDMENT IN THE AMOUNT OF $93,247.07 TO
RECOGNIZE REVENUES RECEIVED FROM TRAFFIC
ACCIDENT REIMBURSEMENTS FROM INSURANCE
COMPANIES IN LANDSCAPE PROJECT FUND (112)
Item #16B3
RESOLUTION 2023-103: AMENDMENT TO CONTRACT NO.
ARX56, FINANCIAL PROJECT #412666-1-88-01, STATE OF
FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT),
STATE HIGHWAY TRAFFIC SIGNAL, MAINTENANCE AND
COMPENSATION AGREEMENT, FOR MAINTENANCE OF
FDOT OWNED TRAFFIC SIGNAL SYSTEMS TO BE
MAINTAINED BY COLLIER COUNTY TRAFFIC OPERATIONS,
AND TO APPROVE A RESOLUTION AUTHORIZING THE
CHIEF ENGINEER OF TRAFFIC OPERATIONS TO APPROVE
AMENDMENTS CONSISTING OF MINISTERIAL ANNUAL
UPDATES TO THE STATE HIGHWAY TRAFFIC SIGNAL,
MAINTENANCE AND COMPENSATION AGREEMENT
(CONTRACT NO. ARX56, FINANCIAL PROJECT #41266618801)
WITH FDOT
June 13, 2023
Page 152
Item #16B4
CHAIRMAN TO EXECUTE AMENDMENT NO. 2 TO
AGREEMENT 20CO2 WITH THE FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION BUREAU OF BEACHES
AND COASTAL SYSTEMS BEACH MANAGEMENT FUNDING
ASSISTANCE PROGRAM TO PROVIDE ADDITIONAL STATE
REIMBURSEMENT FUNDING IN THE AMOUNT OF $28,382.96,
AND EXTEND THE PROJECT TO SEPTEMBER 30, 2025, AND
MAKE A FINDING THAT THIS ITEM PROMOTES TOURISM
Item #16B5
MEMORANDUM OF AGREEMENT (MOA) WITH THE
FLORIDA COMMISSION FOR TRANSPORTATION
DISADVANTAGED (FCTD) FOR THE CONTINUATION OF
THE COMMUNITY TRANSPORTATION COORDINATOR
(CTC) DESIGNATION
Item #16B6
ASSUMPTION AGREEMENT TO THE TRANSPORTATION
COORDINATION AGREEMENT BETWEEN UNITED
CEREBRAL PALSY OF SOUTHWEST FLORIDA, INC., AND
COLLIER COUNTY – TO SUNRISE COMMUNITY OF
SOUTHWEST FLORIDA, INC.
Item #16B7
CHANGE ORDER NO. 4 TO AGREEMENT NO. 19-7494,
“DESIGN AND RELATED SERVICES FOR VANDERBILT
June 13, 2023
Page 153
BEACH ROAD WIDENING FROM EAST OF U.S. 41 TO EAST
OF GOODLETTE-FRANK ROAD," WITH JACOBS
ENGINEERING GROUP INC., TO DESIGN THE
REPLACEMENT OF A PRIVACY WALL AND MEDIAN
MODIFICATIONS IN A TOTAL NOT TO EXCEED AMOUNT OF
$78,928, AND AUTHORIZE THE CHAIRMAN TO SIGN THE
ATTACHED CHANGE ORDER. (PROJECT #60199)
Item #16B8
RESOLUTION 2023-104: CHAIRMAN TO EXECUTE A PUBLIC
TRANSIT GRANT AGREEMENT (PTGA) BETWEEN COLLIER
COUNTY AND THE FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT) FM# 450306-1-94-02 TO ACCEPT
FEDERAL TRANSIT ADMINISTRATION (FTA) SECTION 5339
BUS AND BUS FACILITIES FUNDS IN THE AMOUNT OF
$54,930 FOR THE NECESSARY IMPROVEMENTS TO BUS
STOPS IN ACCORDANCE WITH THE AMERICANS WITH
DISABILITIES ACT (ADA) WITHIN THE RURAL AREAS OF
THE COUNTY; EXECUTE A RESOLUTION MEMORIALIZING
THE BOARD’S ACTION; AND AUTHORIZE THE NECESSARY
BUDGET AMENDMENTS
Item #16B9
June 13, 2023
Page 154
“AFTER THE FACT” SUBMITTAL OF A 2023 FEDERAL
TRANSIT ADMINISTRATION (FTA) SECTION 5324
EMERGENCY RELIEF GRANT APPLICATION IN THE
AMOUNT OF $125,690.30 TO REPAIR DAMAGES TO COLLIER
AREA TRANSIT (CAT) FACILITIES AND RECOUP COSTS FOR
SERVICES RENDERED TO ASSIST WITH EMERGENCY
OPERATIONS AS A RESULT OF HURRICANE IAN
Item #16B10
AWARD INVITATION TO BID (“ITB”) NO. 23-8121,
“CHOKOLOSKEE BRIDGE AND CAUSEWAY REPAIR,” TO
VILLA-FUERTE CONSTRUCTION, LLC, IN THE AMOUNT OF
$210,530.00, AND AUTHORIZE THE CHAIRMAN TO SIGN THE
ATTACHED AGREEMENT
Item #16B11
AMENDMENT TO THE DEVELOPER AGREEMENT WITH
HOGAN FARMS LLC, (DEVELOPER) TO CORRECT A
SCRIVENER’S ERROR OMITTING A COMMITMENT AGREED
TO DURING THE PRIOR APPROVAL
Item #16B12
RESOLUTION 2023-105: PUBLIC TRANSPORTATION GRANT
AGREEMENT (PTGA) WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT) FM# 452749-1-84-01 IN THE
AMOUNT OF $491,530 PROVIDING FOR STATE FUNDING
June 13, 2023
Page 155
FOR ELIGIBLE COLLIER COUNTY FIXED-ROUTE TRANSIT
ADMINISTRATIVE, MANAGEMENT, AND OPERATIONAL
EXPENSES ON THE US 41 CORRIDOR; APPROVE AN
AUTHORIZING RESOLUTION AND APPROVE THE
NECESSARY BUDGET AMENDMENT
Item #16B13
SUBMISSION OF THE 47TH AVE. NE BRIDGE PROJECT AS
THE SUBMITTAL FOR THE COLLIER METROPOLITAN
PLANNING ORGANIZATION’S CALL FOR BRIDGE PROJECTS
Item #16C1
CONSTRUCTION INVITATION TO BID (“ITB”) NO. 23-8064,
“NORTH COUNTY REGIONAL WATER TREATMENT PLANT
ROOF IMPROVEMENTS,” TO ADVANCED ROOFING, INC., IN
THE AMOUNT OF $1,222,591.00, AND AUTHORIZE THE
CHAIRMAN TO SIGN THE AGREEMENT
Item #16C2
BUDGET AMENDMENTS IN THE TOTAL AMOUNT OF
$3,878,350.77 TO REALLOCATE FUNDING FROM
COMPLETED LEGACY PROJECTS, TO UPDATE CURRENT
RECEIVING PROJECT NUMBERS, AND TO FUND CURRENT
PRIORITY NEEDS WITHIN WATER USER FEE CAPITAL
PROJECT FUND (4012) AND WASTEWATER USER FEE
CAPITAL PROJECT FUND (4014)
Item #16C3
June 13, 2023
Page 156
CHAIRMAN TO SIGN THE ATTACHED UPDATED FLORIDA
DEPARTMENT OF EMERGENCY MANAGEMENT HAZARD
MITIGATION GRANT PROGRAM CONTRACT
MODIFICATION NUMBER THREE FOR FIFTY-THREE (53)
PORTABLE GENERATORS FOR MODIFICATIONS TO THE
ENVIRONMENTAL AND PROGRAMMATIC SECTIONS IN
ADDITION TO A TIME EXTENSION TO DECEMBER 31, 2023.
(CONTRACT #H0419) – AS DETAILED IN THE EXECUTIVE
SUMMARY
Item #16C4
FIRST AMENDMENT TO AGREEMENT NO. 20-040-NS WITH
FERGUSON ENTERPRISES, LLC, D/B/A SUNSTATE METER &
SUPPLY, TO EXERCISE THE FIRST ONE-YEAR RENEWAL
TERM AND REVISE THE EXHIBIT B FEE SCHEDULE TO
RECOGNIZE THE ADDITION OF NEPTUNE MACH 10
ULTRASONIC METER REPLACEMENTS FOR OBSOLETE
METERS AND PRICE INCREASES ON NEPTUNE HP
PROTECTUS III METERS
Item #16D1
UPDATE THE PREVIOUSLY APPROVED FY 2022-2023 STATE
AID TO LIBRARIES GRANT APPLICATION AND APPROVE
THE CERTIFICATION OF CREDENTIALS - SINGLE LIBRARY
ADMINISTRATIVE HEAD
Item #16D2 – Moved to Item #11C (Per Agenda Change Sheet)
June 13, 2023
Page 157
Item #16D3
INITIAL ALLOCATION OF REGIONAL ABATEMENT FUNDS
FROM THE STATE OF FLORIDA OPIOID SETTLEMENT FUND
IN THE AMOUNT OF $2,628,842.15, AND AUTHORIZE THE
NECESSARY BUDGET AMENDMENT. (FUND 1086, PROJECT
#44059)
Item #16D4
CHAIRMAN TO SIGN A COMMUNITY DEVELOPMENT
BLOCK GRANT - CV SUBRECIPIENT AGREEMENT
BETWEEN COLLIER COUNTY AND IMMOKALEE FIRE
CONTROL DISTRICT IN THE AMOUNT OF $33,122.18.
(GRANT FUND 1835)
Item #16D5
“AFTER-THE-FACT” ELECTRONIC SUBMITTAL OF THE
FISCAL YEAR 2023 AMERICORPS SEPTEMBER 11TH
NATIONAL DAY OF SERVICE AND REMEMBRANCE GRANT
APPLICATION TO AMERICORPS IN THE AMOUNT OF
$202,861 ($6300 IN MATCH), AND ALLOW THE COUNTY
MANAGER, OR THEIR DESIGNEE, TO SERVE AS THE
AUTHORIZED REPRESENTATIVE FOR THE GRANTOR
ELECTRONIC SUBMISSION SYSTEM, EGRANTS,
THROUGHOUT THE GRANT PERIOD
Item #16D6
June 13, 2023
Page 158
BUDGET AMENDMENTS TO REFLECT THE ESTIMATED
FUNDING FOR THE EMERGENCY HOME ENERGY
ASSISTANCE PROGRAM IN THE AMOUNT OF $50,000.
(FISCAL IMPACT $50,000, HUMAN SERVICES GRANT FUND
1837)
Item #16D7
THE STATE HOUSING INITIATIVE PARTNERSHIP
HURRICANE HOUSING RECOVERY PROGRAM SECOND
AWARD IN THE AMOUNT OF $1,892,010 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) GRANT
FUNDED FULL-TIME EQUIVALENT POSITIONS TO SUPPORT
PROGRAM ADMINISTRATION. (SHIP GRANT FUND 1053)
Item #16D8
EXTENSION TO THE EMERGENCY SOLUTIONS GRANT-CV
EXPENDITURE DEADLINE AND AUTHORIZE THE
CHAIRMAN TO SIGN THE AGREEMENT BETWEEN COLLIER
COUNTY AND THE SHELTER FOR ABUSED WOMEN &
CHILDREN, INC., TO SUPPORT SHELTER OPERATIONS IN
THE AMOUNT OF $15,000
Item #16D9
June 13, 2023
Page 159
BUDGET AMENDMENTS TO REFLECT THE ESTIMATED
FUNDING FOR THE COMMUNITY CARE FOR THE ELDERLY,
ALZHEIMER’S DISEASE INITIATIVE, AND HOME CARE FOR
THE ELDERLY PROGRAMS IN THE AMOUNT OF $1,767,779;
$28,802 IN CO-PAYMENT CONTRIBUTIONS AND THE
ESTIMATED CASH MATCH OF $30,000. (FISCAL IMPACT
$1,826,581, HUMAN SERVICES GRANT FUND 1837)
Item #16D10
RESOLUTION 2023-106: RESOLUTION APPROVING THE
TRANSPORTATION PLAN FOR ACUTE CARE SERVICES FOR
ADULTS AND CHILDREN IN COLLIER COUNTY FOR THE
STATE FISCAL YEARS 2023-2026
Item #16E1
ADMINISTRATIVE REPORT PREPARED BY THE
PROCUREMENT SERVICES DIVISION FOR DISPOSAL OF
PROPERTY THAT IS NO LONGER VIABLE OR WAS
DAMAGED BEYOND REPAIR DURING HURRICANE IAN,
AND THEN REMOVAL FROM THE COUNTY’S CAPITAL
ASSET RECORDS AND NOTIFICATION OF REVENUE.
(ESTIMATED NET BOOK VALUE OF $44,395.33)
Item #16E2
June 13, 2023
Page 160
"AFTER-THE-FACT" APPROVAL FOR SUBMITTING A GRANT
APPLICATION AND ACCEPTING THE AWARD FOR THE
LOCAL GOVERNMENT CYBERSECURITY GRANT PROGRAM
CONTRACT NO. DMS-22/23-269, INCLUDING AMENDMENT
NO. 1 TO THE CONTRACT, THROUGH THE STATE OF
FLORIDA DEPARTMENT OF MANAGEMENT SERVICES FOR
CYBER SECURITY APPLICATIONS AND UPGRADES IN THE
ESTIMATED AMOUNT OF $199,500
Item #16F1
AWARD REQUEST FOR PROPOSAL (“RFP”) NO. 23-8086,
“FEDERAL LOBBYIST SERVICES,” TO BECKER &
POLIAKOFF, P.A., AND AUTHORIZE THE CHAIRMAN TO
SIGN THE ATTACHED AGREEMENT
Item #16F2
RESOLUTION 2023-107: RESOLUTION REPEALING
RESOLUTION NO. 2023-42, ESTABLISHED TO ENACT AN
OUTDOOR BURNING BAN IN THE UNINCORPORATED
AREAS OF COLLIER COUNTY IN ACCORDANCE WITH
ORDINANCE NO. 2009-23, AS AMENDED, THE REGULATION
OF OUTDOOR BURNING AND INCENDIARY DEVICES
DURING DROUGHT CONDITIONS ORDINANCE, BECAUSE
DROUGHT CONDITIONS NO LONGER EXIST
Item #16F3
AWARD INVITATION TO BID (“ITB”) NO. 23-8107,
“PURCHASE AND DELIVERY OF PLANT MATERIAL FOR
June 13, 2023
Page 161
PELICAN BAY SERVICES,” TO HANNULA LANDSCAPING
AND IRRIGATION, INC., AND SITEONE LANDSCAPE
SUPPLY, LLC, AS PRIMARY AND SECONDARY VENDORS
Item #16F4
EARLY TERMINATION OF THE INTERLOCAL AGREEMENT
WITH THE CITY OF NAPLES FOR LEASED OFFICE SPACE
FOR THE COLLIER COUNTY FILM OFFICE AT THE NORRIS
CENTER AND AUTHORIZE THE COUNTY MANAGER, OR
THEIR DESIGNEE, TO SIGN THE WRITTEN NOTICE OF THE
INTENT TO TERMINATE
Item #16F5
RESOLUTION 2023-108: RESOLUTION FIXING THE DATE,
TIME, AND PLACE FOR THE PUBLIC HEARING FOR
APPROVING THE SPECIAL ASSESSMENT (NON-AD
VALOREM ASSESSMENT) TO BE LEVIED AGAINST THE
PROPERTIES WITHIN THE PELICAN BAY MUNICIPAL
SERVICE TAXING AND BENEFIT UNIT
Item #16F6
RESOLUTION 2023-109: 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
June 13, 2023
Page 162
SUMMARIES.)
Item #16F7
RECOGNIZE AND APPROPRIATE REVENUE TO IN
FACILITIES MANAGEMENT DIVISION COST CENTERS IN
THE AMOUNT OF $165,000, AND AUTHORIZE ALL
NECESSARY BUDGET AMENDMENTS
Item #16G1
SUBMITTAL OF THE ATTACHED FEDERAL AVIATION
ADMINISTRATION (FAA) AIRPORT IMPROVEMENT
PROGRAM (AIP) GRANT APPLICATION TO REQUEST
ELIGIBLE FUNDS IN THE AMOUNT OF $1,791,798 FOR THE
MARCO ISLAND EXECUTIVE AIRPORT (MKY) BULK
HANGAR CONSTRUCTION PHASE AND DESIGNATE THE
COUNTY MANAGER AS THE AUTHORIZED
REPRESENTATIVE TO SUBMIT THE APPLICATION AND
ACCEPT THE AWARD ELECTRONICALLY
Item #16G2
RESOLUTION 2023-110: RESOLUTION 2023-111:
RESOLUTIONS AUTHORIZING EXECUTION OF THE
FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT)
PUBLIC TRANSPORTATION GRANT AGREEMENTS (PTGA)
NUMBER G2J86, FM 446362-1-94-01 IN THE AMOUNT OF
$247,934 FOR THE MARCO ISLAND EXECUTIVE AIRPORT
(MKY) AND PTGA NUMBER G2K13, FM 446361-1-94-01 IN
THE AMOUNT OF $1,108,171 FOR THE IMMOKALEE
June 13, 2023
Page 163
REGIONAL AIRPORT (IMM) FOR FUEL FARM
IMPROVEMENTS AND AUTHORIZE ALL NECESSARY
BUDGET AMENDMENTS. AIRPORT GRANT FUND (4093),
AIRPORT GRANT MATCH FUND (4094) AND AIRPORT
CAPITAL FUND (4091)
Item #16G3
CHAIRMAN TO EXECUTE THE ATTACHED COLLIER
COUNTY AIRPORT AUTHORITY STANDARD FORM LEASE
AGREEMENT WITH FLETCHER FLYING SERVICE INC.,
D/B/A COASTAL AIR STRIKE, FOR A CORPORATE
AIRCRAFT HANGAR STORAGE FACILITY AT THE
IMMOKALEE REGIONAL AIRPORT
Item #16G4
RESOLUTION 2023-112: RESOLUTION AUTHORIZING
EXECUTION OF PUBLIC TRANSPORTATION GRANT
AGREEMENT (PTGA) NUMBER G2J23, FM 452976-1-94-01
WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION
TO ACCEPT FUNDING IN THE AMOUNT OF $194,500 FOR
SECURITY ENHANCEMENTS AT THE IMMOKALEE
REGIONAL AIRPORT, AND AUTHORIZE ALL NECESSARY
BUDGET AMENDMENTS. AIRPORT GRANT FUND (4093),
AIRPORT GRANT MATCH FUND (4094) AND AIRPORT
CAPITAL FUND RESERVES (4091) (PROJECT #33604)
Item #16I1
MISCELLANEOUS CORRESPONDENCE JUNE 13, 2023
June 13, 2023
Page 164
Item #16J1
BUDGET AMENDMENT RECOGNIZING $1,170,000 IN
REVENUES AND EXPENDITURES IN THE SHERIFF'S OFFICE
FY 2023 GENERAL FUND BUDGET
Item #16J2
THE FY 2023 SCAAP LETTER DELEGATING AUTHORITY TO
SHERIFF KEVIN RAMBOSK TO BE THE OFFICIAL GRANT
APPLICANT AND CONTACT PERSON, OR HIS DESIGNEE,
AND TO RECEIVE, EXPENDS THE PAYMENT AND MAKE
ANY NECESSARY BUDGET AMENDMENTS OF THE FY 2023
OF THE STATE CRIMINAL ALIEN ASSISTANCE PROGRAM
(SCAAP) GRANT FUNDS
Item #16J3
SELECTION COMMITTEE’S FINAL RANKING FOR REQUEST
FOR PROPOSAL NO. 23-8081, “AUDIT SERVICES," AND TO
AUTHORIZE STAFF TO ENTER INTO CONTRACT
NEGOTIATIONS WITH THE TOP-RANKED FIRM, CLIFTON
LARSON ALLEN LLP.
Item #16J4
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 MAY 11, 2023 AND MAY 31,
June 13, 2023
Page 165
2023 PURSUANT TO FLORIDA STATUTE 136.06
Item #16J5
THE BOARD APPROVE AND DETERMINE VALID PUBLIC
PURPOSE FOR INVOICES PAYABLE AND PURCHASING
CARD TRANSACTIONS AS OF JUNE 7, 2023
Item #16K1
RESOLUTION 2023-113: APPOINT THREE MEMBERS TO THE
AFFORDABLE HOUSING ADVISORY COMMITTEE –
APPOINTING HANNAH ROBERTS AND ANDREW TERHUNE
BOTH REPRESENTING EMPLOYERS WITHIN JURISDICTION
AND TERMS EXPIRING ON OCTOBER 1, 2026; AND
APPOINTING THOMAS FELKE REPRESENTING ADVOCATE
FOR LOW-INCOME PERSONS AND W/TERM EXPIRING ON
OCTOBER 1, 2024
Item #16K2
RESOLUTION 2023-114: APPOINT FOUR MEMBERS TO THE
COASTAL ADVISORY COMMITTEE – REAPPOINTING DAVID
TRECKER AND JIM BURKE; REAPPOINTING ERIK
BRECHNITZ TO REPRESENT THE CITY OF MARCO ISLAND;
AND APPOINTING JUDITH HUSHON TO REPRESENT THE
CITY OF NAPLES, ALL W/TERMS EXPIRING ON MAY 22,
2027
Item #16K3
June 13, 2023
Page 166
RESOLUTION 2023-115: APPOINT TWO MEMBERS TO THE
COLLIER COUNTY CODE ENFORCEMENT BOARD –
APPOINTING MANMOHAN N BHATLA AND KEVIN
JOHNSON BOTH W/ TERMS EXPIRING FEBRUARY 14, 2027
Item #16K4
RESOLUTION 2023-116: REAPPOINT A MEMBER TO THE
CONTRACTORS LICENSING BOARD – REAPPOINTING KYLE
LANTZ W/TERMS EXPIRING ON JUNE 30, 2026
Item #16K5
RESOLUTION 2023-117: APPOINT A MEMBER TO THE
EMERGENCY MEDICAL AUTHORITY – APPOINTING
STEPHEN ULIK REPRESENTING THE CITIZEN
REPRESENTATIVE W/TERM EXPIRING ON DECEMBER 31,
2026
Item #16K6
RESOLUTION 2023-118: APPOINT THREE MEMBERS TO THE
WATER AND WASTEWATER AUTHORITY – REAPPOINTING
PATRICIA SHERRY AND ELOY RICARDO BOTH W/TERMS
EXPIRING ON MAY 21, 2027
Item #16K7
CHAIR TO EXECUTE A SETTLEMENT AGREEMENT IN THE
June 13, 2023
Page 167
LAWSUIT STYLED REGINA PANASUK AND ROBERT
CATAPANO-FREIDMAN V. COLLIER COUNTY BOARD OF
COMMISSIONERS, (CASE NO. 23-CA-332), NOW PENDING IN
THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL
CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA, FOR
THE SUM OF $25,000
Item #17A - Moved to Item #9C (Per Agenda Change Sheet)
Item #17B – Moved to Item #9D (Per Agenda Change Sheet)
Item #17C
RESOLUTION 2023-119: RESOLUTION TO ADD 901± NET
ACRES TO THE TOWN OF AVE MARIA STEWARDSHIP
RECEIVING AREA (SRA) AND REVISE THE SRA TOWN PLAN
AND MASTER PLAN. THE SUBJECT PROPERTY CONSISTS
OF 5,928 ACRES LOCATED NORTH OF OIL WELL ROAD AND
WEST OF CAMP KEAIS ROAD IN SECTIONS 31 THROUGH 33,
TOWNSHIP 47 SOUTH, RANGE 29 EAST, AND SECTIONS 4
THROUGH 9 AND 16 THROUGH 18, TOWNSHIP 48 SOUTH,
RANGE 29 EAST IN COLLIER COUNTY, FLORIDA.
[PL20210002041]
Item #17D
RESOLUTION 2023-120: RESOLUTION REPEALING AND
REPLACING SCHEDULES ONE AND TWO OF APPENDIX A
TO SECTION FOUR OF THE COLLIER COUNTY WATER-
SEWER DISTRICT UNIFORM BILLING, OPERATING, AND
REGULATORY STANDARDS ORDINANCE NO. 2001-73, AS
June 13, 2023
Page 168
AMENDED, INCREASING USER RATES FOR WATER,
WASTEWATER, IRRIGATION QUALITY WATER, AND
WHOLESALE POTABLE WATER USER RATES BY 7.07%,
WITH EFFECTIVE DATE OF JULY 1, 2023
June 13, 2023
Page 169
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 12:55 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS CONTROL
___________________________________
RICK LoCASTRO, CHAIRMAN
ATTEST
CRYSTAL K. KINZEL, CLERK
These minutes approved by the Board on ____________, as
presented ______________ or as corrected _____________.
TRANSCRIPT PREPARED ON BEHALF OF FORT MYERS
COURT REPORTING BY TERRI L. LEWIS, REGISTERED
PROFESSIONAL COURT REPORTER, FPR-C, AND NOTARY
PUBLIC.