BCC Minutes 09/26/2023September 26, 2023
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TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida September 26, 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
Derek Johnssen, Clerk's Office, Finance & Accounting Director
Troy Miller, Communications & Customer Relations
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September 26, 2023
COLLIER COUNTY
Board of County Commissioners
Community Redevelopment Agency Board (CRAB)
Airport Authority
AGENDA
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East, 3rd Floor
Naples, FL 34112
September 26, 2023
9:00 AM
Commissioner Rick LoCastro, District 1; – Chair
Commissioner Chris Hall, District 2; – Vice Chair
Commissioner Burt Saunders, District 3
Commissioner Dan Kowal, District 4; – CRAB Co-Chair
Commissioner William L. McDaniel, Jr., District 5; – CRAB Co-Chair
NOTICE: ALL PERSONS WISHING TO SPEAK ON AGENDA ITEMS MUST
REGISTER PRIOR TO PRESENTATION OF THE AGENDA ITEM TO BE
ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO
THREE MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN.
ADDITIONAL MINUTES MAY BE CEDED TO AN IN-PERSON SPEAKER BY
OTHER REGISTERED SPEAKERS WHO MUST BE PRESENT AT THE TIME
THE SPEAKER IS HEARD. NO PUBLIC SPEAKERS WILL BE HEARD FOR
PROCLAMATIONS, PRESENTATIONS AND PUBLIC PETITIONS.
SPEAKERS ON PRESENTATIONS ARE LIMITED TO 10 MINUTES, UNLESS
EXTENDED BY THE CHAIRMAN. ALL PERSONS WISHING TO SPEAK ON
A CONSENT ITEM MUST REGISTER PRIOR TO THE BOARD’S APPROVAL
OF THE DAY’S CONSENT AGENDA, WHICH IS HEARD AT THE
BEGINNING OF THE MEETING FOLLOWING THE PLEDGE OF
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September 26, 2023
ALLEGIANCE.
ANYONE WISHING TO ADDRESS THE BOARD ON PUBLIC PETITION
MUST SUBMIT THE REQUEST IN WRITING TO THE COUNTY MANAGER
AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING. THE
REQUEST SHALL PROVIDE DETAILED INFORMATION AS TO THE
NATURE OF THE PETITION. THE PUBLIC PETITION MAY NOT INVOLVE
A MATTER ON A FUTURE BOARD AGENDA AND MUST CONCERN A
MATTER IN WHICH THE BOARD CAN TAKE ACTION. PUBLIC
PETITIONS ARE LIMITED TO A SINGLE PRESENTER, WITH A MAXIMUM
TIME OF TEN MINUTES, UNLESS EXTENDED BY THE CHAIRMAN.
SHOULD THE PETITION BE GRANTED, THE ITEM WILL BE PLACED ON
A FUTURE AGENDA FOR A PUBLIC HEARING.
ANYONE WISHING TO ADDRESS THE BOARD ON GENERAL TOPICS NOT
ON THIS AGENDA OR A FUTURE AGENDA MUST REGISTER TO SPEAK
PRIOR TO THE PUBLIC COMMENT PORTION OF THE AGENDA BEING
CALLED BY THE CHAIRMAN. SPEAKERS WILL BE LIMITED TO THREE
MINUTES, AND NO ADDITIONAL MINUTES MAY BE CEDED TO THE
SPEAKER. AT THE CHAIRMAN’S DISCRETION, THE NUMBER OF PUBLIC
SPEAKERS MAY BE LIMITED TO 5 FOR THAT MEETING.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD
WILL NEED A RECORD OF THE PROCEEDING PERTAINING THERETO,
AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE
BASED.
COLLIER COUNTY ORDINANCE NO. 2003-53 AS AMENDED BY
ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS
SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES
(INCLUDING BUT NOT LIMITED TO, ADDRESSING THE BOARD OF
COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE
BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,
YOU ARE ENTITLED, AT NO COST TO YOU, THE PROVISION OF CERTAIN
ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES
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September 26, 2023
MANAGEMENT DIVISION LOCATED AT 3335 EAST TAMIAMI TRAIL,
SUITE 1, NAPLES, FLORIDA, 34112-5356, (239) 252-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN
THE FACILITIES MANAGEMENT DIVISION.
Lunch Recess scheduled for 12:00 Noon to 1:00 P.M.
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Invocation by Rabbi Amos Chorny, Beth Tikvah Synagogue
2. AGENDA AND MINUTES
A. Approval of today's Regular, Consent and Summary Agenda as amended (ex
parte disclosure provided by commission members for consent agenda.)
B. August 22, 2023, Board Meeting Minutes
C. August 28, 2023, Emergency Board Meeting Minutes
3. AWARDS AND RECOGNITIONS
A. EMPLOYEE
1) 20 YEAR ATTENDEES
a) Kimberly Brandes - Transportation Engineering Division
2) 25 YEAR ATTENDEES
3) 30 YEAR ATTENDEES
4) 35 YEAR ATTENDEES
B. ADVISORY BOARD MEMBERS
C. RETIREES
D. EMPLOYEE OF THE MONTH
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September 26, 2023
4. PROCLAMATIONS
A. Proclamation designating October 2023 as Florida Native Plant Month. To
be accepted by Beth Courtright, Treasurer, Naples Chapter, Florida Native
Plant Society.
B. Proclamation designating September 2023 as Payroll Awareness Month in
Collier County. To be accepted by Lori Brown, Erin Roxberry, and Julissa
Perez.
5. PRESENTATIONS
6. PUBLIC PETITIONS
7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT
OR FUTURE AGENDA
8. BOARD OF ZONING APPEALS
9. ADVERTISED PUBLIC HEARINGS
A. This item requires the Commission members to provide ex-parte
disclosure. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to approve a rezone Ordinance
relating to the Brookside Marina by changing the zoning classification of
real property from the Residential Single Family 4 (RSF-4) Zoning District
to the General Commercial (C-4) Zoning District limited to a marina use for
the property located on Davis Boulevard approximately 2/10 of one mile
east of Tamiami Trail East in Section 2, Township 50 South, Range 25 East,
consisting of 4.4± acres; and by providing an effective date.
[PL20190001540] (District 2)
B. This item requires that ex-parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to approve an Ordinance
rezoning property to establish the Dunkin Donuts Collier Boulevard CPUD
to allow up to 10,000 square feet of certain C-1, C-2, and C-3 uses on 1.98±
acres of property located on the west side of Collier Blvd 350± feet north of
Pine Ridge Road in Section 15, Township 49 South, Range 26 East, Collier
County, Florida. (PUDZ-PL20220004546) (District 3)
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September 26, 2023
10. BOARD OF COUNTY COMMISSIONERS
11. COUNTY MANAGER'S REPORT
A. Recommendation to approve the proposed Collier County State and Federal
Legislative and Administrative Priorities for 2024. (John Mullins, Director
of Communications, Government & Public Affairs) (All Districts)
B. Recommendation to provide insight and historical perspective to the Board
relating to Arts and Cultural Grants program and make a recommendation
for the Board to approve and authorize the Chairman to execute Tourist
Development Tax Grant Agreements for FY 2023-2024 Marketing Grants
(Category B) ($74,648) and Non-County Owned/Operated Museums
(Category C-2) ($750,000), approve grant award of funds in the amount of
$824,648 for both programs contingent upon FY 2024 budget availability,
and make a finding that these expenditures promote tourism. (Paul Beirnes,
Tourism Director) (All Districts)
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
A. AIRPORT
B. COMMUNITY REDEVELOPMENT AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE
CURRENT OR FUTURE AGENDA BY INDIVIDUALS NOT
ALREADY HEARD DURING PREVIOUS PUBLIC COMMENTS IN
THIS MEETING
B. STAFF PROJECT UPDATES
C. STAFF AND COMMISSION GENERAL COMMUNICATIONS
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September 26, 2023
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16. CONSENT AGENDA - All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of
each item. If discussion is desired by a member of the board, that item(s) will
be removed from the consent agenda and considered separately.
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A. GROWTH MANAGEMENT DEPARTMENT
1) Recommendation to direct staff to advertise and bring back for a
public hearing, an Ordinance amending the Land Development Code,
to establish Rules of Decorum for Neighborhood Information
Meetings (All Districts)
2) Recommendation to approve final acceptance of the potable water and
sewer facilities and accept the conveyance of the sewer facilities for
Destiny Church, PL20230007154. (District 3)
3) Recommendation to approve final acceptance of the potable water and
sewer utility facilities for Lamborghini of Naples, PL20230011798
(District 4)
4) Recommendation to approve final acceptance of the sewer utility
facilities and accept the conveyance of a portion of the sewer facilities
for Pine Street Storage Warehouse, PL20230011735. (District 4)
5) Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of $23,560, which was posted as a
development guaranty for an Early Work Authorization (EWA) for
work associated with Palisades, PL20220000268. (District 2)
6) Recommendation to approve the release of a code enforcement lien
with an accrued value of $78,600 for payment of $27,913 in the code
enforcement action titled Board of County Commissioners v. RCS
Holdings LLC., in Code Enforcement Board Case No.
CEPM20190007369 relating to property located at 7143 Marconi Ct.,
Collier County, Florida. (District 1)
7) Recommendation to approve an Agreement for Sale and Purchase
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September 26, 2023
with 1) Garey D. Higdon; 2) Matthew Van Cleave; 3) Pedro Juan
Perez Castro; 4) Richard D. Brewer; and 5) John Edwin English, as
Trustee of the John Edwin English Trust (English Trust), under the
Conservation Collier Land Acquisition Program, at a cost not to
exceed $977,220. (District 5)
8) Recommendation that the Board approve the closure of Southbay
Drive by Stock Development, the Developer of the Ritz Carlton
Residences within the One Naples Planned Unit Development.
(District 2)
B. TRANSPORTATION MANAGEMENT DEPARTMENT
1) Recommendation to receive and accept the Marco Island Loop Trail
Feasibility Study conducted by Florida Department of Transportation.
(District 1)
2) Recommendation to approve an Agreement for the acquisition of a
temporary construction easement (Parcel 102TCE) required for
construction of the Vanderbilt Beach Road (US-41 to Goodlette-Frank
Road) Project (Project No. 60199). Estimated fiscal impact: $54,108.
(District 2)
3) Recommendation to approve the selection committee’s ranking and
authorize staff to begin contract negotiations with the top-ranked firm,
Johnson Engineering, Inc., concerning Request for Professional
Services (“RPS”) No. 23-8082, “CEI Services for Vanderbilt Beach
Road Widening,” so that staff can bring a proposed agreement back
for the Board’s consideration at a future meeting. (Project #60199).
(District 2)
4) Recommendation to award Invitation to Bid ("ITB") No. 23-8134,
"Purchase and Delivery of Lime Rock (Double Crushed)," to Quality
Enterprises USA, Inc., J & Y Group Enterprises LLC., Green Dream
International LLC., Grippo Pavement Maintenance Inc., and authorize
the Chairman to sign the attached Agreements. (All Districts)
5) Recommendation to approve the selection committee’s ranking and
authorize staff to begin contract negotiations with the top-ranked firm,
Atkins North America, Inc., related to Request for Professional
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September 26, 2023
Services (“RPS”) No. 23-8071, “Design Services for Bridges within
the Golden Gate Estates,” so staff can bring a proposed agreement
back for the Board’s consideration at a future meeting. (Project
#60212) (District 5)
6) Recommendation to approve after-the-fact Change Order No. 1 to
Agreement No. 23-8111, “Collier County Emergency Berm Truck
Haul and Construction - Reach A”, with Phillips and Jordan, Inc., to
increase the contract amount from $6,723,041.50 to $6,771,654.62 to
adjust the quantity of sand; to ratify administrative Change Order No.
1 to Agreement No. 23-8111, “Collier County Emergency Berm
Truck Haul and Construction - Reach B”, with Earth Tech
Enterprises, Inc., for sand redistribution; approve payment of Pay
Applications No. 1 for both contractors; and make a finding that this
expenditure promotes tourism. (FEMA Fund 1813, Hurricane Ian
Project No. 50280) (All Districts)
7) Recommendation to approve and authorize the Chairman to sign a
Supplemental Agreement to the Local Agency Program (LAP)
Agreement with the Florida Department of Transportation (FDOT) to
increase the grant award from $611,727 to $851,727 for construction
of a five-foot sidewalk on the east side of Vanderbilt Drive from
Vanderbilt Beach Road to 109th Avenue North; to adopt the
accompanying resolution formally approving and authorizing its
chairman to execute same on behalf of the Board; and to authorize the
necessary Budget Amendments, FPN 438092-2-58-01. (Project
#60255, Fund 1841) (District 2)
8) Recommendation to authorize a Budget Amendment to recognize
revenue and transfer funding for projects within the Transportation
Supported Gas Tax Fund (3083) and Transportation & CDES Capital
Fund (3081) in the amount of $727,879.63. (Projects #60085,
#60066, #60088, #69331, #69333, #69338 and #69340) (All Districts)
9) Recommendation to approve the Tourist Development Council Grant
application requests from the City of Naples, the City of Marco Island
and Collier County for FY 2023-2024 in the amount of $13,867,200,
budget these expenditures, authorize the Chairman to execute an
Agreement with the City of Naples, and make a finding that these
expenditures promote tourism. (All Districts)
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September 26, 2023
C. PUBLIC UTILITIES DEPARTMENT
1) Recommendation to authorize expenditures under Board approved
standardization of goods, and accept single-source waivers, for the
purchase of specialized proprietary equipment and services needed to
establish, repair, and maintain operations at water and wastewater
plants, pump stations, and wastewater collection system to meet
demand and maintain compliance. (Not to exceed $6,000,000 annual
spending for 1 year from CCWSD Funds (4008, 4012, 4014) (This
Item is a companion Item #16C2) (All Districts)
2) Recommendation to approve and authorize expenditures under sole
and single-source waivers for the purchase of specialized proprietary
equipment and services needed to establish, repair, and maintain
operations at water and wastewater plants, pump stations, and
wastewater collection system to meet demand and maintain
compliance. (Not to exceed $5,525,000 annual spending for 1 year
from CCWSD Funds (4008, 4012, 4014) (This Item is a companion
Item #16C1) (All Districts)
3) Recommendation to approve and adopt the FY2024 fee schedules
established in the annual rate resolution for residential and
commercial collection and disposal of solid waste and recycling at
Collier County Solid Waste Facilities, including the landfill, transfer
station, and recycling drop-off centers as presented in the FY2024
Solid Waste Budget. (All Districts)
4) Recommendation to adopt a Resolution superseding and replacing
Resolution 1998-168 relating to the Special Service Charge Estoppel
letter fee of the Collier County Water-Sewer District to increase the
service change for estoppel letters from $2 to $25. (All Districts)
5) Recommendation to award Invitation to Bid (“ITB”) No. 23-8122,
“Chlorinator Equipment Maintenance,” to Water Treatment and
Controls Technology, Inc., with an estimated annual expenditure of
$125,000.00 dependent on the number of repairs required to maintain
the equipment and authorize the Chairman to sign the attached
Agreement. (All Districts)
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September 26, 2023
6) Recommendation to approve and execute documents necessary for the
conveyance of a Utility Easement to the Collier County Water-Sewer
District for utility infrastructure for a project on County-owned
property, known as Ekos on Santa Barbara, located at 4640 Santa
Barbara Boulevard. (District 1)
D. PUBLIC SERVICES DEPARTMENT
1) Recommendation to approve and authorize the Chairman to sign the
First Amendment between Collier County and the Shelter for Abused
Women & Children, Inc., Community Development Block Grant
Agreement CD22-02, to increase the amount of the agreement from
$587,206 to $765,557 for a net change of $178,351 for additional roof
replacement funding. (Grant Fund 1835) (All Districts)
2) Recommendation to accept an award from the Housing and Urban
Development (HUD) Community Development Block Grant (CDBG-
CV) Funding program through the Florida Department of Commerce
in the amount of $981,067 for the construction and expansion of the
Collier Senior Center Golden Gate facility, authorize the Chairman to
sign the attached agreement and authorize the necessary Budget
Amendments. (Housing Grant Fund 1835) (All Districts)
3) Recommendation to authorize purchases from Bibliotheca, LLC, and
OverDrive, Inc., as exemptions from the competitive process for the
acquisition of electronic resource materials for library patron use, in a
not-to-exceed the amount of $600,000 per fiscal year, as budgeted,
through FY 2028. (All Districts)
4) Recommendation to approve twenty-three (23) mortgage satisfactions
for the State Housing Initiatives Partnership loan program in the
amount of $1,150,000. (SHIP Grant Fund 1053) (All Districts)
5) Recommendation to approve and authorize the chairman to sign
eleven (11) mortgage satisfactions for the State Housing Initiatives
Partnership loan program in the amount of $237,565.90 and approve
the associated Budget Amendment to appropriate repayment amount
totaling $237,565.90 (SHIP Grant Fund 1053). (All Districts)
6) Recommendation to approve the submittal of the FY23-24 State Aid
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September 26, 2023
to Library Grant along with the 2023-2027 Strategic Plan and other
documentation required for grant application submission and
authorize the Chairman to sign grant agreement #24-ST-08 and all
certifications required for the submission of the grant application to
the Florida Department of State, Division of Library and Information
Services for funding in the estimated amount of $139,834. (Public
Services Grant Fund 1839) (All Districts)
7) Recommendation to enact a resolution to authorize continued
participation in the Local Provider Participation Fund for the Directed
Payment Program and Graduate Medical Education Program. These
programs will be solely funded by assessments on Collier County
hospital-owned property or property used as a hospital in an
assessment amount of $10,657,446. Authorize the County Manager to
sign a Letters of Agreement in an amount not to exceed the total of
$13,205,859.81 with the Agency for Health Care Administration and
approve necessary Budget Amendments. (All Districts)
8) Recommendation to approve a Low Income Pool Letter of Agreement
with the Agency for Health Care Administration, in the amount of
$469,861 and a companion agreement with Collier Health Services,
Inc., to participate in the Medicaid Low Income Pool Program,
generating $647,792 in federal matching funds that will provide
additional health services for the citizens of Collier County; to
authorize the County Manager or designee to sign and execute the
AHCA LIP Letter of Agreement; and to authorize the Chairman to
execute the companion agreement with CHSI. (All Districts)
9) Recommendation to approve a First Amendment to Agreement No.
13-6014, “Vanderbilt Beach Concession,” with Day-Star Unlimited,
Inc., d/b/a Cabana Dan’s, providing for a one-year extension.
(District 2)
E. CORPORATE BUSINESS OPERATIONS
1) Recommendation to authorize the approval of the $1,116 offer in full
and final settlement of the EMS invoice regarding services rendered to
Besart Marku. (All Districts)
2) Recommendation to approve an increase to the current budget
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September 26, 2023
allowance for the purchase of protective footwear from Vic's Boot &
Shoe, Inc., d/b/a Red Wing Shoe Store, from $200,000 to $300,000
annually. (All Districts)
3) Recommendation to adopt a Resolution adopting the Pay and
Classification Plans for the County Manager’s Agency, Non-Union
EMS, and the County Attorney’s Office effective October 1, 2023; to
provide a general wage adjustment to eligible employees effective
October 7, 2023; to approve the creation of new classifications,
modification and/or deletion of classifications and assignment of pay
ranges from the proposed Pay and Classification Plans, from July 1,
2023 forward using the existing point-factor job evaluation system
and market data; and to authorize any necessary Budget Amendments
in FY2024. (All Districts)
F. COUNTY MANAGER OPERATIONS
1) Recommendation to approve and execute an Agreement to provide
partial funding in the amount of $250,000.00 to the Greater Naples
Fire and Rescue District, a Special District created by Laws of
Florida, Chapter 2014-240, from revenue derived from the GAC Trust
Fund-Land Sales, to purchase a Brush Truck, and to authorize a
Budget Amendment to transfer the funds. (District 1, District 3,
District 5)
2) Recommendation to approve and authorize the Chairman to sign the
Thirteenth Amendment to the Agreement for Medical Examiner
Services (Agreement No. 11-5776 - Medical Examiner), which will
extend the term of the Agreement to September 30, 2024.
(All Districts)
3) Recommendation to award Invitation to Bid (“ITB”) #23-8132,
“Printing and Copying Services,” to Cecil Enterprises Inc., Direct
Impressions Inc., Palm Printing/Printers Ink, Corp., Ray Lepar
Printing, Inc., and Strategy Marketing Group, Inc., d/b/a Panther
Printing. (All Districts)
4) Recommendation to adopt a Resolution approving amendments
(appropriating grants, donations, contributions, or insurance proceeds)
to the Fiscal Year 2022-23 Adopted Budget. (The Budget
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September 26, 2023
Amendments in the attached Resolution have been reviewed and
approved by the Board of County Commissioners via separate
Executive Summaries.) (All Districts)
5) Recommendation to donate a surplus vehicle to Everglades City and
authorize the Procurement Director, as designee for County Manager,
to sign for the transfer of vehicle title pursuant to Florida Statute
Chapter 274.05. (All Districts)
6) Recommendation to approve and authorize the Chairman to execute
State-Funded Emergency Management Preparedness Assistance
(EMPA) agreement A0345 accepting a Grant award totaling $105,806
from the Florida Division of Emergency Management (FDEM) for
emergency management program enhancement and authorize the
associated Budget Amendment. (Fund 1833, Project No. 33869)
(All Districts)
7) Recommendation to award Invitation to Bid (“ITB”) No. 23-8140,
“Plumbing Contractors” to BC Plumbing & Drain, Inc., as Primary
Vendor, and Ackerman Plumbing, Inc., as Secondary Vendor, and
authorize the Chairman to sign the attached agreements. (All Districts)
8) Recommendation to approve a resolution authorizing
Intergovernmental Transfers (IGT) between Collier County EMS and
the State of Florida Agency for Health Care Administration (AHCA)
for FY24, to authorize Chairman to sign an Agreement with AHCA to
accept direct payments from the program named Statewide Medicaid
Managed Care (SMMC) for FY24 and to approve the necessary
Budget Amendments. (All Districts)
G. AIRPORT AUTHORITY
1) Recommendation to approve the attached resolution that approves and
authorizes the County Manager to execute Airport Improvement
Program (AIP) Grant Agreement number 3-12-0142-017-2023 in the
amount of $900,798 and Airport Infrastructure Grant (AIG)
Agreement number 3-12-0142-018-2023 in the amount of $891,000
with the Federal Aviation Administration (FAA); to approve and
authorize the chairman to execute an amendment to Public
Transportation Grant Agreement (PTGA) number G2861 with the
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September 26, 2023
Florida Department of Transportation (FDOT) increasing FDOT’s
participation by $1,097,962 for the construction of the county-owned
bulk aircraft storage hangar at the Marco Island Executive Airport
(MKY); and to authorize all necessary budget amendments. (Airport
Grant Fund 4093, Airport Match Fund 4094, Airport Capital Fund
4091) (District 1)
H. BOARD OF COUNTY COMMISSIONERS
I. MISCELLANEOUS CORRESPONDENCE
J. OTHER CONSTITUTIONAL OFFICERS
1) Recommendation to extend the 2023 Tax Roll at the request of Tax
Collector Rob Stoneburner, CFC. (All Districts)
2) Recommendation to approve Tax Collector request for advance
commissions in accordance with Florida Statute 192.102(1) for
FY2024. (All Districts)
3) Recommendation to provide a letter of support (signed by the BCC
Chairman) for the previously approved Fiscal Year 2022 Edward
Byrne Memorial, Justice Assistance Grant (JAG) Countywide
Program grant funds. (All Districts)
4) To record in the minutes of the Board of County Commissioners, the
check number (or other payment method), amount, payee, and
purpose for which the referenced disbursements were drawn for the
periods between August 31, 2023, and September 13, 2023, pursuant
to Florida Statute 136.06. (All Districts)
5) Request that the Board approve and determine valid public purpose
for invoices payable and purchasing card transactions as of September
20, 2023. (All Districts)
K. COUNTY ATTORNEY
1) Recommendation to review and approve the proposed FY 2023 - 2024
Action Plan for Jeffrey A. Klatzkow, County Attorney. (All Districts)
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September 26, 2023
2) The Annual Performance Appraisal for the County Attorney
(All Districts)
3) Recommendation to approve and authorize the Chairman to execute a
settlement agreement in the lawsuit styled Collier County Board of
County Commissioners v. John Carroll and Kaci Renee Carroll, Case
No. 23-SC-1795, now pending in the County Court of the Twentieth
Judicial Circuit in and for Collier County, Florida, for the sum of
$3,776.52. (All Districts)
4) Recommendation to approve and execute a Second Amendment to the
Mediated Settlement Agreement between the County, La Minnesota
Riviera, LLC, and the Riviera Golf Estates Homeowners Association,
Inc., regarding settlement of a Bert Harris Claim concerning the
Riviera Golf Course, in order to extend the timeframes provided for in
the Agreement. (All Districts)
L. COMMUNITY REDEVELOPMENT AGENCY
1) Recommendation to adopt a Resolution of the Board of County
Commissioners of Collier County, Florida, the Governing Body of the
Community Redevelopment Agency, ratifying the Sale of Property to
Catholic Charities as set forth in the Agreement for Sale and Purchase,
approved on April 11, 2023, and evidenced by Statutory Deed.
(District 5)
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17. SUMMARY AGENDA - This section is for advertised public hearings and
must meet the following criteria: 1) a recommendation for approval from
staff; 2) unanimous recommendation for approval by the collier county
planning commission or other authorizing agencies of all members present
and voting; 3) no written or oral objections to the item received by staff, the
collier county planning commission, other authorizing agencies or the board,
prior to the commencement of the bcc meeting on which the items are
scheduled to be heard; and 4) no individuals are registered to speak in
opposition to the item. For those items which are quasi-judicial in nature, all
participants must be sworn in.
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A. Recommendation to adopt an ordinance amending Ordinance 2022-42,
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September 26, 2023
which established Milestone Inspections of aging condominium and
cooperative buildings in unincorporated Collier County. (All Districts)
B. Recommendation to approve a proposed amendment to Collier County
Ordinance No. 2006-56, the Rock Road Improvement Municipal Service
Taxing Unit (MSTU), to reestablish an advisory committee to provide input
to the County on matters related to the MSTU. (District 5)
C. Recommendation to adopt a resolution approving amendments
(appropriating carry forward, transfers, and supplemental revenue) to the
FY22-23 Adopted Budget. (The budget amendments in the attached
Resolution have been reviewed and approved by the Board of County
Commissioners via separate Executive Summaries.) (All Districts)
D. Recommendation to adopt a resolution approving amendments
(appropriating carry forward, transfers and supplemental revenue) to the
Fiscal Year 2023-24 Adopted Budget. (All Districts)
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD’S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER’S OFFICE AT 252-8383.
September 26, 2023
Page 2
MS. PATTERSON: Chair, you have a live mic.
CHAIRMAN LoCASTRO: Oh, we've got a good crowd.
Good morning, everyone.
COMMISSIONER McDANIEL: Good morning, sir.
CHAIRMAN LoCASTRO: We're going to do things a little bit
out of the order this morning because we want to recognize a group.
But before we have our invocation, Mr. Ed Finn, who leads our entire
financial team, we were in here till the wee hours of -- all night
Thursday, right? We spent Friday morning in here as well. And,
you know, a lot of times -- most of the time it's the people behind the
scenes that really do the heavy lifting that don't get seen, don't get
heard, and sometimes, unfortunately, don't get appreciated. And the
five of us didn't want to miss that opportunity.
So, Mr. Finn, not only are we going to ask your group to lead
the Pledge, but after the Pledge, I'd like you to take the podium and
introduce the people in your group, and then we'd like to come down
and take a photo with you because, you know, we were watching
you-all scramble.
And even though, you know, Commissioner McDaniel and a
few of us were throwing out numbers, we don't do math in public
very well, so we know you had people behind the scenes actually
crunching the real numbers and bringing us back, you know -- you
know, actual solutions. And that effort was noticed and appreciated
by all of us, so we want to recognize you-all with the Pledge and then
afterwards as well.
So having said that, Rabbi, sir, the podium is yours.
Item #1A
INVOCATION AND PLEDGE OF ALLEGIANCE BY RABBI
AMOS CHORNY, BETH TIKVAH SYNAGOGUE –
September 26, 2023
Page 3
INVOCATION GIVEN
RABBI CHORNEY: Good morning, everyone.
COMMISSIONER McDANIEL: Good morning.
AUDIENCE MEMBERS: Good morning.
RABBI CHORNEY: As we gather here today for this, our
commissioners' meeting, following the Jewish new year and in the
midst of our county Centennial celebration, let us invoke blessings of
unity, wisdom, equality, communal harmony, and environmental
stewardship for our community during this beautiful fall season.
With a spirit of renewal and the reflection left behind from Rosh
Hashanah and Yom Kippur, the day of atonement, let us also soon
welcome back our seasonal residents whose imminent return adds
richness to our community's tapestry. May their presence remind us
of the importance of inclusivity and diversity; that our decisions be
just, equitable, and in harmony with the values of the season as we
strive for a sustainable and harmonious future. Amen.
CHAIRMAN LoCASTRO: Mr. Finn, why don't you bring all
your group right up here to the center.
COMMISSIONER McDANIEL: Front and center.
CHAIRMAN LoCASTRO: Come on. Even the people who
don't want to come up. Sir?
(The Pledge of Allegiance was recited in unison.)
Item #2A
APPROVE 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
Proposed Agenda Changes
Board of County Commissioners Meeting
September 26,2023
Move Item 16D2 to 11C: Recommendation to accept an award from the Housing and Urban Development(HUD)
Community Development Block Grant (CDBG-CV)Funding program through the Florida Department of
Commerce in the amount of$981,067 for the construction and expansion of the Collier Senior Center Golden Gate
facility, authorize the Chairman to sign the attached agreement and authorize the necessary Budget Amendments.
(Housing Grant Fund 1835)(All Districts)(26359)(Commissioner Saunders)
Move Item 16A1 to 11D: Recommendation to direct staff to advertise and bring back for a public hearing, an
Ordinance amending the Land Development Code,to establish Rules of Decorum for Neighborhood Information
Meetings(All Districts)(24667)(Commissioners McDaniel and LoCastro separate requests)
Move Item 16A7 to 11E: Recommendation to approve an Agreement for Sale and Purchase with 1)Garey D.
Higdon;2)Matthew Van Cleave; 3)Pedro Juan Perez Castro; 4)Richard D. Brewer; and 5)John Edwin English, as
Trustee of the John Edwin English Trust(English Trust), under the Conservation Collier Land Acquisition
Program,at a cost not to exceed$977,220. (District 5)(26263)(Commissioner McDaniel)
Notes: Correction to item 9A the location is within District 4
TIME CERTAIN ITEMS:
9/26/2023 8:47 AM
September 26, 2023
Page 4
COMMISSIONER SAUNDERS - APPROVED AND/OR
ADOPTED W/CHANGES
CHAIRMAN LoCASTRO: All right. Mr. Finn, the podium's
yours. Why don't you tell us a little bit about your team, and then
we'll come down there and take a photo.
MR. FINN: Very good. Thank you, sir. Edward Finn,
Deputy County Manager. And, first, I'd like to thank the Board for
the opportunity to excel on Thursday night.
CHAIRMAN LoCASTRO: And Friday morning.
MR. FINN: And Friday morning. I appreciate that.
With that, the lead of the budget office is Chris Johnson and,
perhaps, before I start, I'm going to tell the Board that three-quarters
or more of the budget office has only been in the budget office for, in
many cases, less than a year. This, in fact, is their first cycle through
the budget office -- or budget process, so --
COMMISSIONER McDANIEL: How's that going?
CHAIRMAN LoCASTRO: Yeah. I heard they all resigned on
Monday.
MR. FINN: I hate to say what I promised them to keep them all
on board, but -- no, we appreciate the recognition.
Chris Johnson, who you've met and know, and I have Laura,
who's one of our longer-term employees. Stand up, Laura. Blanca,
relatively new; Maggie, relatively new; AJ, again, relatively new.
And with that, I'm happy to take a photo and do the best we can
with that.
CHAIRMAN LoCASTRO: Great. Thank you, sir.
MR. FINN: Thank you, sir.
CHAIRMAN LoCASTRO: We'll just stay up here like we
normally do, so we're not so crowded.
MR. FINN: Thank you.
September 26, 2023
Page 5
CHAIRMAN LoCASTRO: Thank you, all.
(Applause.)
MS. PATTERSON: Commissioners, agenda changes for the
Board of County Commissioners meeting September 26th, 2023.
First, move Item 16D2 to 11C. This is a recommendation to
accept an award from the Housing and Urban Development
Community Development Block Grant funding program through the
Florida Department of Commerce in the amount of $981,067 for the
construction and expansion of the Collier Senior Center Golden Gate
facility, authorize the Chairman to sign the attached agreement, and
authorize the necessary budget amendments. This item is being
moved to the regular agenda by Commissioner Saunders' request.
Move Item 16A1 to 11D. This is a recommendation to direct
staff to advertise and bring back for a public hearing an ordinance
amending the Land Development Code to establish rules of decorum
for neighborhood information meetings. This item is being moved
to the regular agenda at Commissioner McDaniel and Commissioner
LoCastro's separate requests.
Move Item 16A7 to 11E. This is a recommendation to approve
an agreement for sale and purchase with, 1, Garey D. Higdon; 2,
Matthew Van Cleave; 3, Pedro Juan Perez Castro; 4, Richard D.
Brewer; and, 5, John Edwin English, as trustee of the John Edwin
English Trust, under the Conservation Collier Land Acquisition
Program at a cost not to exceed $977,220. This item is being moved
at Commissioner McDaniel's request.
I do have a note. There's a correction to Item 9A. The location
is within District 4, not District 2, as listed.
Just as reminder, we have court reporter breaks set for 10:30 and
2:50.
With that, County Attorney.
MR. KLATZKOW: Nothing, thank you.
September 26, 2023
Page 6
MS. PATTERSON: Chair?
CHAIRMAN LoCASTRO: Nope.
MS. PATTERSON: Agenda changes for the rest of the Board
as well as ex parte on the summary and consent.
CHAIRMAN LoCASTRO: Okay. Commissioner Kowal, do
you have any changes?
COMMISSIONER KOWAL: No changes to the agenda. I do
have ex parte on 9A. I have meetings and emails.
COMMISSIONER McDANIEL: This item's been --
COMMISSIONER KOWAL: Nothing on 9B.
CHAIRMAN LoCASTRO: Yeah, just on consent agenda.
MS. PATTERSON: Just on consent and summary.
CHAIRMAN LoCASTRO: Yeah, consent and summary, I'm
sorry, yeah. So nothing on consent and summary ex parte, correct?
COMMISSIONER KOWAL: Correct.
CHAIRMAN LoCASTRO: Okay. Yeah, we'll get to the
other.
Commissioner Saunders.
COMMISSIONER SAUNDERS: Yeah, I have no changes and
no ex parte.
CHAIRMAN LoCASTRO: Okay. Commissioner Hall.
COMMISSIONER HALL: No changes or ex parte.
CHAIRMAN LoCASTRO: Commissioner McDaniel.
COMMISSIONER McDANIEL: No ex parte. I do have a
suggested change, and that's the continuance of 17B. It's our
favorite subject of Rock Road. I know you said you didn't want to
hear about it anymore, but too bad.
CHAIRMAN LoCASTRO: No, it wasn't me. We all took a
vote.
COMMISSIONER McDANIEL: Oh, we did?
CHAIRMAN LoCASTRO: No, no. Just kidding. Go ahead,
September 26, 2023
Page 7
sir.
COMMISSIONER McDANIEL: We did not take a vote
without everybody here.
CHAIRMAN LoCASTRO: True.
COMMISSIONER McDANIEL: My suggestion is that we
continue this item for at least a month and allow for some other
things that are in the works with regard to advisory committees, et al,
as opposed to creating an advisory board specifically for that for such
a small budget amount.
Now, I'll concede to Commissioner Saunders' thoughts with
regard to this if, in fact -- because Rock Road used to be mine, and
last year or a couple years ago it went over to Commissioner
Saunders. So I don't want to -- I don't want to lean in too far.
COMMISSIONER SAUNDERS: No issues at all with that as
long as there's no legal problems in terms of advertising and that sort
of thing.
MR. KLATZKOW: You would have to readvertise it, but
those costs are about $500.
COMMISSIONER SAUNDERS: Yeah, I don't have any issue.
COMMISSIONER McDANIEL: Let's -- if you don't mind, I'd
like to continue that item for a month, and then -- and then I'll
coordinate with the County Attorney in the event that we need to
bring it forward again.
COMMISSIONER SAUNDERS: All right. I'll second your
motion to continue it.
CHAIRMAN LoCASTRO: So I've got a motion by
Commissioner McDaniel, a second by Commissioner Saunders. All
in favor of continuing this a month?
COMMISSIONER HALL: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN LoCASTRO: Aye.
September 26, 2023
Page 8
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER KOWAL: Aye.
CHAIRMAN LoCASTRO: Opposed?
(No response.)
CHAIRMAN LoCASTRO: It passes unanimously.
COMMISSIONER McDANIEL: And just to repeat, no ex
parte and no other changes.
CHAIRMAN LoCASTRO: Okay. And I have no changes and
no ex parte on the consent agenda or summary agenda either.
Next.
MS. PATTERSON: That brings us to approval of today's
regular, consent, and summary agenda as amended, including ex
parte disclosure provided by commissioners.
CHAIRMAN LoCASTRO: Okay. Do I have a motion to
approve?
COMMISSIONER McDANIEL: So moved.
COMMISSIONER SAUNDERS: Second.
CHAIRMAN LoCASTRO: Motion by Commissioner
McDaniel, second by Commissioner Saunders. All in favor?
COMMISSIONER HALL: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN LoCASTRO: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER KOWAL: Aye.
CHAIRMAN LoCASTRO: Opposed?
(No response.)
CHAIRMAN LoCASTRO: It passes unanimously.
September 26, 2023
Page 9
Item #2B
AUGUST 22, 2023, BOARD MEETING MINUTES – MOTION
TO APPROVE BY COMMISSIONER HALL; SECONDED BY
COMMISSIONER KOWAL – APPROVED AS PRESENTED
MS. PATTERSON: Item 2B is approval of the meeting
minutes from August 22nd, 2023, board meeting.
COMMISSIONER HALL: So moved.
CHAIRMAN LoCASTRO: Okay.
COMMISSIONER KOWAL: Second.
CHAIRMAN LoCASTRO: Motion by Commissioner Hall,
second by Commissioner Kowal. All in favor?
COMMISSIONER HALL: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN LoCASTRO: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER KOWAL: Aye.
CHAIRMAN LoCASTRO: Opposed?
(No response.)
CHAIRMAN LoCASTRO: It passes unanimously.
Item#2C
AUGUST 28, 2023, EMERGENCY BOARD MEETING MINUTES
- MOTION TO APPROVE BY COMMISSIONER MCDANIEL;
SECONDED BY COMMISSIONER HALL – APPROVED
MS. PATTERSON: Item 2C is approval of the minutes from
the August 28th, 2023, emergency Board meeting.
COMMISSIONER McDANIEL: So moved.
September 26, 2023
Page 10
COMMISSIONER HALL: Second.
CHAIRMAN LoCASTRO: Motion by Commissioner
McDaniel, second by Commissioner Hall. All in favor?
COMMISSIONER HALL: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN LoCASTRO: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER KOWAL: Aye.
CHAIRMAN LoCASTRO: Opposed?
(No response.)
CHAIRMAN LoCASTRO: It passes unanimously.
Item #3A1
AWARDS AND RECOGNITIONS - KIMBERLY BRANDES -
TRANSPORTATION ENGINEERING DIVISION – PRESENTED
MS. PATTERSON: Item 3, awards and recognitions. We
have one today, a 20-year attendee. Kimberly Brandes,
Transportation Engineering Division, 20 years. Congratulations.
(Applause.)
Item# 4A
PROCLAMATION DESIGNATING OCTOBER 2023 AS
FLORIDA NATIVE PLANT MONTH. ACCEPTED BY BETH
COURTRIGHT, TREASURER, NAPLES CHAPTER, FLORIDA
NATIVE PLANT SOCIETY - MOTION TO ADOPT BY
COMMISSIONER MCDANIEL; SECONDED BY
COMMISSIONER LOCASTRO – ADOPTED
September 26, 2023
Page 11
MS. PATTERSON: Item 4, proclamations. Item 4A is a
proclamation designating October 2023 as Florida Native Plant
Month. To be accepted by Beth Courtright, treasurer, Naples
Chapter, Florida Native Plant Society. Congratulations.
(Applause.)
Item #4B
PROCLAMATION DESIGNATING SEPTEMBER 2023 AS
PAYROLL AWARENESS MONTH IN COLLIER COUNTY.
ACCEPTED BY LORI BROWN, ERIN ROXBERRY, AND
JULISSA PEREZ - MOTION TO ADOPT BY COMMISSIONER
MCDANIEL; SECONDED BY COMMISSIONER LOCASTRO –
ADOPTED
MS. PATTERSON: Item 4B is a proclamation designating
September 2023 as Payroll Awareness Month in Collier County. To
be accepted by Lori Brown, Erin Roxberry, and Julissa Perez, Clerk
of Courts office. Congratulations.
(Applause.)
CHAIRMAN LoCASTRO: Who's unaware of the payroll?
(Applause.)
MS. PATTERSON: Commissioners if we could get a motion
to accept the proclamations.
COMMISSIONER McDANIEL: So moved.
CHAIRMAN LoCASTRO: I've got a motion by Commissioner
McDaniel. I'll second it. All in favor?
COMMISSIONER HALL: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN LoCASTRO: Aye.
COMMISSIONER SAUNDERS: Aye.
September 26, 2023
Page 12
COMMISSIONER KOWAL: Aye.
CHAIRMAN LoCASTRO: Opposed?
(No response.)
CHAIRMAN LoCASTRO: It passes unanimously.
Item #7
PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE
CURRENT OR FUTURE AGENDA
MS. PATTERSON: Commissioners, that brings us to Item 7,
public comments on general topics not on the current or future
agenda.
MR. MILLER: Mr. Chair, I have one. Having trouble reading
this last name. Leroy -- yeah, what's your last name, sir?
MR. CHAMNESS: Chamness.
MR. MILLER: Chamness. If you'll come up to this podium,
please. You have three minutes, sir.
MR. CHAMNESS: The Florida Constitution, Article 1, Section
23, reads, in part: Right to privacy. Every natural person has the
right to be let alone and free from governmental interference into the
person's private life except as herein provided.
Citing this section and the Roe versus Wade decision, the
Florida Supreme Court has declared abortion legal in RE versus TW,
an unnamed person; however, Roe has now been overturned by the
Dobbs decision. The question remains why the developing child has
no right to personhood or protection under our constitution and its
laws.
Florida Statute 782.09 states, the unlawful killing of an unborn
child by any injury to the mother of such child will be murder if it
resulted in the death of such mother. Thou shall be deemed murder
September 26, 2023
Page 13
in the same degree as that which would be committed against the
mother. If only the statute ended there but, unfortunately, the next
sentence reads: Any person other than the mother who unlawfully
kills the unborn child by an injury to that mother.
This is moral schizophrenia. If the preborn child is wanted, it
has personhood and its death is murder, but if it's not wanted by the
mother, the child lacks personhood and can be killed, ripped from its
mother's womb, and dismembered. While some may cheer, saying it
is her right, I'm here to tell you that this isn't right. This is a wrong
and a murderous wrong.
David, inspired by the holy spirit, wrote in Psalms 139, 13
through 17, where you form my inmost being, you knit me together
in my mother's womb. I will give thanks to you, for I am fearfully
and wonderfully made. Your works are wonderful. My frame
wasn't hidden from you when I was made in secret, woven together in
the depths of the earth. Your eyes saw my body, and your book
were written -- all the days that were ordained for me, when there
was none of them. How precious to me in your sights, oh, God.
How vast are the sum of your thoughts.
We have purpose, meaning, and value because we are created by
holy God. Members of this board, the Dobbs decision has passed
the torch to you to be the legislative process to decide this issue, and I
ask you to remember God's word and act to ban the murder of the
preborn child in Collier County.
Thank you.
MR. MILLER: That is our only registered speaker at this time.
CHAIRMAN LoCASTRO: Okay. Thank you.
What's next?
Item #8A
September 26, 2023
Page 14
THIS ITEM IS CONTINUED TO THE OCTOBER 10, 2023, BCC
MEETING. THIS ITEM REQUIRES THAT EX-PARTE
DISCLOSURE BE PROVIDED BY COMMISSION MEMBERS.
SHOULD A HEARING BE HELD ON THIS ITEM, ALL
PARTICIPANTS ARE REQUIRED TO BE SWORN IN.
RECOMMENDATION TO APPROVE AN ORDINANCE TO
REZONE 5.53± ACRES OF PROPERTY FROM THE ESTATES
(E) ZONING DISTRICT TO A COMMERCIAL PLANNED UNIT
DEVELOPMENT (CPUD) ZONING DISTRICT FOR A PROJECT
TO BE KNOWN AS 4050 13TH AVENUE COMMERCIAL
PLANNED UNIT DEVELOPMENT TO ALLOW
DEVELOPMENT OF UP TO 174,000 SQUARE FEET OF GROSS
FLOOR AREA OF SELF-STORAGE AND MINI-WAREHOUSE
(SIC 4225). THE PROPERTY IS LOCATED SOUTHWEST OF
THE INTERSECTION OF 13TH AVENUE SW AND COLLIER
BOULEVARD, NORTH OF GREEN BOULEVARD IN SECTION
15, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA. [PL20210003321] (COMPANION ITEM
PL20220000289/26442) [COORDINATOR: ERIC ORTMAN,
PLANNER III]
Item #8B
THIS ITEM IS CONTINUED TO THE OCTOBER 10, 2023, BCC
MEETING. RECOMMENDATION TO APPROVE AN
ORDINANCE AMENDING THE COLLIER COUNTY GROWTH
MANAGEMENT PLAN TO CHANGE THE DESIGNATION OF
PROPERTY FROM ESTATES-MIXED USE DISTRICT,
RESIDENTIAL ESTATES SUBDISTRICT TO THE ESTATES-
COMMERCIAL DISTRICT, 13TH AVE SW COMMERCIAL INFILL
SUBDISTRICT WITHIN URBAN GOLDEN GATE ESTATES
September 26, 2023
Page 15
SUB-ELEMENT OF THE GOLDEN GATE AREA MASTER PLAN
ELEMENT TO ALLOW UP TO 174,000 SQUARE FEET OF
GROSS FLOOR AREA OF SELF-STORAGE AND MINI-
WAREHOUSING (SIC 4225/THE SUBJECT PROPERTY
CONSISTING OF 5.53± ACRES IS LOCATED SOUTHWEST OF
THE INTERSECTION OF 13TH AVENUE SW AND COLLIER
BOULEVARD, NORTH OF GREEN BOULEVARD IN SECTION
15, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA. [PL20220000289] COMPANION ITEM
PUDZ-PL20210003321/ACCELA 26439) [COORDINATOR:
RACHEL HANSEN, PLANNER III] (ALL DISTRICTS)
MS. PATTERSON: Commissioners, that brings us -- with
Items 8A and 8B being continued to the October 10th, 2023, BCC
meeting, that brings us to our advertised public hearings.
Item #9A
ORDINANCE 2023-42: THE BROOKSIDE MARINA BY
CHANGING THE ZONING CLASSIFICATION OF REAL
PROPERTY FROM THE RESIDENTIAL SINGLE FAMILY 4
(RSF-4) ZONING DISTRICT TO THE GENERAL COMERCIAL
(C-4) ZONING DISTRICT LIMITED TO A MARINA USE FOR
THE PROPERTY LOCATED ON DAVIS BOULEVARD
APPROXIMATELY 2/10 OF ONE MILE EAST OF TAMIAMI
TRAIL EAST IN SECTION 2, TOWNSHIP 50 SOUTH, RANGE 25
EAST, CONSISTING OF 4.4± ACRES; AND BY PROVIDING AN
EFFECTIVE DATE. [PL20190001540] (DISTRICT 2) (DISTRICT
4 - PER AGENDA CHANGE SHEET) - MOTION TO LIMIT THE
WET SLIPS TO 120 AND WORK W/FWC ON BOAT SPEED
AND SIGNAGE BY COMMISSIONER KOWAL; SECONDED BY
September 26, 2023
Page 16
COMMISSIONER HALL – ADOPTED
MS. PATTERSON: Item 9A is a recommendation to approve a
rezone ordinance related to the Brookside Marina by changing the
zoning classification of real property from the Residential
Single-Family 4 Zoning District to the General Commercial Zoning
District limited to a marina use for the property located on Davis
Boulevard, approximately two-tenths of one mile east of Tamiami
Trail East in Section 2, Township 50 South, Range 25 East,
consisting of 4.4 plus-or-minus acres, and providing an effective date.
We need to have everyone that's going to participate stand up
and be sworn in by the court reporter.
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.)
CHAIRMAN LoCASTRO: County Manager, just a point of
order, unless I have an old copy here, but we talked about it
yesterday. It still says on my copy, which I got this morning,
District 2, and I think it's still District 3, isn't it, or no?
MS. PATTERSON: It's 4, and I made --
CHAIRMAN LoCASTRO: Four, 4.
MS. PATTERSON: The correction went on the change sheet.
CHAIRMAN LoCASTRO: Oh, it did. Okay. Got it.
MS. PATTERSON: Yes, sir. Thank you.
At this point we'll invite the applicant up to begin his -- oh, ex
parte, sorry. Thank you. I have to get help from my -- ex parte
communication from the commissioners.
CHAIRMAN LoCASTRO: Okay. Commissioner Kowal.
COMMISSIONER KOWAL: This is when I was supposed to
read it.
September 26, 2023
Page 17
CHAIRMAN LoCASTRO: Yes.
COMMISSIONER KOWAL: Yes, I do have --
CHAIRMAN LoCASTRO: Four, yeah.
COMMISSIONER KOWAL: -- ex parte on Item 9A, meetings
and emails.
COMMISSIONER SAUNDERS: And, Mr. Chairman, I have
ex parte on that item as well; meetings, some emails.
CHAIRMAN LoCASTRO: Okay. Commissioner Hall.
COMMISSIONER HALL: Same as me, meetings and emails
on the item.
CHAIRMAN LoCASTRO: Okay. Commissioner McDaniel.
COMMISSIONER McDANIEL: As well, meetings and
emails.
CHAIRMAN LoCASTRO: Same for me, meetings and emails.
Okay. Let's press with the applicant.
MS. PATTERSON: At this time we will begin with the
applicant.
MR. MILLER: I'm having a problem with the visualizer. It
just happened.
MS. PATTERSON: Okay.
MR. MILLER: So you're going to have to give me a minute.
MS. PATTERSON: We're going to give Troy a minute.
CHAIRMAN LoCASTRO: I didn't say this at the start. But
if -- anybody just silence your cell phones. We usually announce
that in the beginning. Appreciate it.
COMMISSIONER HALL: All right. Clay, you're good.
CHAIRMAN LoCASTRO: I silenced mine.
COMMISSIONER McDANIEL: Did you?
CHAIRMAN LoCASTRO: Yeah, and volume off.
COMMISSIONER McDANIEL: Notice that I remained silent.
CHAIRMAN LoCASTRO: You don't have to tell me three
September 26, 2023
Page 18
times.
All right, sir. The podium's yours.
MR. BROOKER: Thank you, Mr. Chairman, Commissioners.
My name is Clay Brooker. I'm a land-use attorney with the law firm
of Cheffy Passidomo in Downtown Naples. I represent Naples
Marina Holdings, LLC, which owns the land generally known for
decades as the Brookside Marina.
The matter before you today is a request to rezone the
submerged lands or waters generally associated with the marina.
On your screen is our applicant team. John Giglio; he is the
owner of the property; Hans Wilson, professional engineer, principal
of Hans Wilson & Associates, a marine engineering and
environmental consulting firm; Stephanie Caldwell, professional
engineer -- civil engineer and principal of Greensite Engineering; Jeff
Curl, landscape architect, eMERGE Design, LLC; Jim Banks,
transportation engineer for JMP Transportation Engineering.
On the screen, this is my client's property comprised of
approximately 7.6 acres located on Davis Boulevard. Let me see.
Here's Davis Boulevard along the bottom, and you see the East Trail
over here on the bottom let corner. So that's just -- just east of East
Trail.
This property, all of which is owned by the applicant, contains
both uplands, dry lands, and privately owned submerged lands or
water; however, the application filed by Naples Marina Holdings
involves only this portion of the property comprised primarily of the
submerged lands.
Here's the county zoning map for the area. You'll see that the
submerged -- the subject submerged lands are currently zoned RSF-4,
or Residential Single-Family 4. The associated uplands here, you'll
see here, are designated or zoned C-4, or Commercial 4.
There are three fundamental premises to this application. First,
September 26, 2023
Page 19
it seeks to reinstall wet slips in the submerged lands that have existed
for decades, albeit with a temporary pause over the last few years,
which I'll explain in a minute. Second, the subject property is
submerged; it's water. So marina use and wet slips are the only
logical, reasonable uses that can be put to this property. Third, the
submerged lands are owned privately by Mr. Giglio. They are
manmade and not waters owned by the state; however, they are
subject to regulation by DEP and Army Corps of Engineers because
they are navigable waters.
Now I'd like to take a couple minutes to show you that what
we're proposing today is no different than what has existed at the site
for decades. In fact, what we're proposing is less intense, a fewer
number of slips. Here is an aerial from 1979. Here is Rock Creek,
as Mother Nature formed her. This part is natural; however, this
part, coming into the marina here, was created by man, dredged in the
1960s. That means these submerged lands are privately owned.
This aerial shows that from no later than 1979, some 44 years
ago, the western basin -- and you'll hear me refer to the western
basin. This is this portion of the submerged lands -- held numerous
covered wet slips, and you can also see by this time, on the uplands,
the marina building was already in existence, and that building still
exists today.
Please note here, along the southern shoreline of the submerged
lands, there are no dock slips yet. Fast forward to 2012, a little bit
better picture, first and foremost you see that the covered boat
slips -- there are three finger piers here in the western
basin -- continue to exist by 2012. In addition, permitting history
indicates that 10 years earlier, in 2002 to 2003, the DEP, the Army
Corps, and the county approved additional slips along the southern
shoreline here, and they were installed.
The submerged lands at that time, again 2002, were dredged to
September 26, 2023
Page 20
remove any contaminated sediment to clean the waters, and the
additional slips along the southern shoreline were then installed.
They continue to exist today.
Here's a copy of the county's approval for the additional wet
slips back in 2002. Well, actually, this was actually approved in
July 2003. And just so -- to continue, these covered boat slips were
in existence, and these slips were approved as additional wet slips by
the county in July of 2003.
This is another aerial perspective of the marina as it existed in
the first decade of the 2000s. At this time, a total of 234 slips were
approved for the marina; 137 wet slips in the water, 97 dry slips on
the uplands.
And I think, just to point out, this gives you a little bit better
idea. Here are the three finger piers, and you can see the boats
moored underneath the covered wet slips; however, here in 2014
shows that in the western basin, the three piers are gone. At some
point in 2012 and 2014, a predecessor owner -- predecessor to the
current owner, Mr. Giglio -- removed the wet slips due to their
dilapidated state. I don't know the exact reason why, although we
understand that there was some damage from hurricanes and storms
and so forth.
This is, essentially, what you see on the screen, what the
submerged lands look like today. In 2017, three years after this
aerial photograph, the submerged lands were dredged once again to
remove any contaminated sediment -- so this is twice now in the past
20 years -- again, to clean the waters.
Then in 2018, Naples Marina Holdings, Mr. Giglio, purchased
the property. At around this time, Mr. Giglio entered into a lease
with Freedom Boat Club, many of whose representatives are here
today, to use these boat slips. There's no formal relationship
between Mr. Giglio and Freedom Boat Club other than as landlord
September 26, 2023
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and tenant.
As previously stated, Mr. Giglio's goal is to reinstall the wet
slips in the western basin, albeit at a lower number than that which
existed for decades. This slide shows the conceptual layout of the
proposed reinstallation of the wet slips in the western basin.
It shows the reinstallation of 73 slips here. These won't be
covered. They will be open-air, so that's one difference. But if you
take the 73 we're proposing and you add it to the 39 existing along
the southern shoreline, you get a grand total of 112 wet slips
proposed for the subject submerged lands. If you recall, a total of
137 wet slips previously existed in the submerged lands for decades.
This layout proposes 25 fewer wet slips than previously existed. So
Mr. Giglio is not requesting any increase in numbers or intensity of
the slips.
In order to reinstall these slips in the western basin, the first step
was to secure permits from the DEP and the Army Corps of
Engineers. That has been done. Here is the 2018 DEP permit,
which is still in operation today.
Our focus then turned to the county, hoping it would approve the
73 wet slips through the Site Development Plan process, just like the
county did back in 2003, a previous slide that I showed you.
However, we were advised that a rezone was required, so here we
are.
The rezone request before you today seeks a rezone to a limited
or restricted C-4, which basically allows marina uses and nothing
more. The rezone, if approved, would be restricted as is shown here.
You'll see the permitted uses are marinas and essentially everything
that goes with marinas; boat slips and piers and walkways and such.
Water transportation of passengers, that's, for example, a shuttle,
a water shuttle, taking you from this site to, say, Tin City or
somewhere else in Naples Bay.
September 26, 2023
Page 22
Water transportation services, this is basically a chartering of
commercial boats. For example, if a fishing guide would like to take
some folks out fishing.
And amusement and recreation services sounds kind of like a
funky kind of title, but that is basically recreational boat rentals.
Next is the prohibited uses. What won't be permitted if this is
approved are liveaboards, you can't live at the dock onboard your
boat, and personal watercraft, such as Sea-dos, jet skis, Wave-
Runners, those sorts of things.
County staff is recommending approval of this application, and
on May 4th, 2023, about four months ago, the Planning Commission
also recommended approval unanimously. In the staff report, which
is part of your agenda materials, county staff has found this
application consistent with the county's Growth Management Plan
and Land Development Code. In fact, the county's land-use
regulations prioritize and prefer this site for marina operations.
Here's Policy 10.1.1 of the Conservation and Coastal
Management Element of the Growth Management Plan. You'll note
the priorities for water-dependent and water-related uses, which is
what we're talking about here. And the first is public recreational
facilities or recreational facilities, and this site simply doesn't lend
itself to recreational facilities.
Public boat ramps. While a ramp has existed for decades on the
uplands, it is private. The site would be overwhelmed if opened up
to unlimited public use. And then the next priority in your Growth
Management Plan is marinas.
So the county's Growth Management Plan prioritizes this site for
marina use. The application before you today implements this
policy of the Growth Management Plan.
You will also note in Objective 10.1 the reference to the
county's Manatee Protection Plan. Here's a summary of the county's
September 26, 2023
Page 23
Manatee Protection Plan. This plan is codified in the Land
Development Code at Section 5.05.02. The Manatee Protection Plan
is the county's only land-use regulation that specifically addresses
how many slips are authorized at any given marina site. And the
way it does that is it ranks each site with three criteria.
Water depth, basically it looks at a depth of four to five feet
minimum; native marine habitat, things like seagrasses, our
seagrasses on location; and manatee abundance, and the way they
evaluate that criteria is they look at how many
watercraft -- water-caused [sic] manatee deaths within five miles
have occurred.
Once you evaluate those three criteria, you get to one of three
possible ratings: Preferred, moderate, or protected. And then the
boat slip densities, how the county's Land Development Code
qualifies or quantifies the number of slips that are permitted at each
location. If you -- if the site is preferred, you get 18 boat slips for
every 100 feet of shoreline, moderate is 10 per 100, protected is 1 per
100.
The county has confirmed that the subject site ranks as a
preferred site under the Manatee Protection Plan. It shows that we
are permitted -- or this site is permitted a total of 311 boat slips.
Now, that boat slips -- that number includes both wet and dry on the
uplands; a total of 311 is permitted. However, while 311 are
permitted, the proposal before you today seeks permission for 112.
That's just 36 percent of what the Manatee Protection Plan authorizes
for this site.
The county encourages outreach to surrounding neighbors for
land-use applications like this one, and the rezone process requires
one neighborhood information -- neighborhood information meeting.
On January 7th in 2022, we held the first neighborhood
information meeting. On May 16th, 2022, we had an in-person
September 26, 2023
Page 24
meeting with Naples Marina Holdings, Freedom Boat Club, and
Brookside neighbors. On May 17th, we had a meeting with Former
Commissioner Taylor and Brookside neighbors. And then on
June 30th of 2022, we had a conference call with Naples Marina
Holdings, Freedom Boat Club, and Brookside neighbors. And then,
finally, on July 19th, 2022, we held a second neighborhood
information -- neighborhood information meeting. That second one
was partly caused by -- we had some technical difficulties with Zoom
call-in on the first neighborhood information meeting.
In my opinion, the communications with the neighbors have
been amicable and informative. We've learned the neighborhood's
concerns and taken efforts to address them.
Perhaps the most repeated and discussed concern was excessive
speed of vessels in Rock Creek to and from the marina. At the
outset, we respectfully contend the vessel speed has no relevance to
whether this rezone request of these waters should be granted;
however, the neighbors stated that it's a concern of theirs, so
Mr. Giglio asked me to investigate.
I learned that since at least 1979, the county has designated all
of Rock Creek as idle speed, no wake, ISNW, the slowest speed in
the speed ranges promulgated by Fish and Wildlife; however, Fish
and Wildlife has since preempted regulation of navigable waters. It
has exclusive authority to determine speed zones on navigable
waterways.
And the Fish and Wildlife Conservation Commission, FWC,
designates Rock Creek as slow speed, minimum wake, a little bit
faster than the idle speed, no wake. Regardless of the speed
designation, I toured Rock Creek personally on my own boat and
noticed that there are no official vessel speed zones anywhere within
or at the entrance to Rock Creek. I know from prior experience in
boating they used to be there. I don't know what happened to them.
September 26, 2023
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Maybe they got washed away in a storm or something, but there are
none today as you enter Rock Creek.
So we contacted Fish and Wildlife back in early 2022 to ask
them about the speed designation and lack of signs. We spoke to
Captain Yanez and Lieutenant Lynn. They responded that in March
of 2022, they drove through Rock Creek in an unmarked vessel and
witnessed no problems, no excessive speeds.
Moreover, they emphasized, one, that there were no
watercraft-caused manatee deaths in Rock Creek; two, there had been
no boating accidents in Rock Creek; and, three, there had been no
complaints to Fish and Wildlife about vessel speed in Rock Creek;
therefore, Fish and Wildlife informed us that they are disinclined on
their own to change the speed zone or post any additional signage.
Not to be discouraged, I then researched state law to try to find
out any other ways we could try to get Rock Creek designated as idle
speed, no wake by Fish and Wildlife. I discovered one statutory
section that recognizes the possibility of ISNW designations 300 feet
on each side of blind turns in a narrow creek. In my opinion, we
have two such blind turns coming into Rock Creek, so I drafted this
letter in May and sent it to the county.
Essentially, it asked the county to approach Fish and Wildlife,
which, again, has exclusive control over speeds in navigable waters,
and to request ISNW zones around the blind turns. The law does not
allow private property owners, such as Mr. Giglio, to make such
requests, but it does permit local governments like the county to do
so.
So as we sit here today, Mr. Giglio, personally, has done
everything he can on this issue. We fully support any efforts by the
county to continue its push for the ISNW zones, and my client has
offered to bear all the cost of installing and maintaining any approved
speed zone signs in Rock Creek.
September 26, 2023
Page 26
It was my understanding that county staff has made efforts in
this regard. They have engaged with Fish and Wildlife, but I hear
that staff has received the same chilly reaction that I did from them.
Moreover, back in July of '22, the County Commission did
authorize staff to engage a consulting firm to study Rock Creek in
this regard. This past January, a firm did submit a proposal to gather
data on boat speeds in Rock Creek. The cost of the Rock Creek boat
speed survey is $24,000. I'm not aware whether staff has accepted
that proposal, but I can say that based on my experience, our
experience with Fish and Wildlife, I'm not sure the survey will
persuade Fish and Wildlife to do anything other than leave Rock
Creek as a slow speed, minimum wake speed zone.
At the second neighborhood information meeting in July 2022,
we made several other offers to the Brookside neighbors after hearing
their concerns conditioned on the rezone being approved, of course,
and here they are. We are to ensure that access to and from their
docks is not impeded and that existing docks along that southern
shoreline will not be extended any further north into the basin.
Freedom Boat Club will install two cameras within the marina
basin to monitor the boat activity there, and that has been done.
Freedom Boat Club is to explore cooperating with Mr.
Harms -- he lives in a house right there at the entrance to Rock
Creek -- to install a third camera at the entrance to monitor that traffic
just entering Rock Creek.
Freedom Boat Club will send a manned vessel to the entrance of
Rock Creek to monitor activity at anticipated high-use times, and
they are doing so.
We will offer 10 additional cameras to property owners along
Harbor Lane, right there along the entrance, first come, first served.
And the reason you're seeing the reference to the cameras over and
over again is there was a concern relayed to us that the boats go by,
September 26, 2023
Page 27
and it's too late for them to actually capture the name of the boat or
who it is to report to Freedom Boat Club that that particular member
is not behaving properly. So these cameras, if you're familiar with
them, they actually can catch a video when they -- it detects motion,
and that video can then be sent along and, essentially, memorializes
the event, allowing Freedom Boat Club to implement their
disciplinary measures, which they have in place. They can suspend
and even revoke a membership if they see that members are not
performing as they should on the waters.
We have offered one wet slip to a marine law enforcement
vessel. Again, just a mere -- that will actually increase patrol
activity in Rock Creek, and just a mere vision of a law enforcement
vessel there, we believe, will have a deterrent effect.
As I mentioned before, liveaboards are prohibited to moor at the
wet slips or anchor in the basin, and personal watercraft are also
prohibited to moor at the wet slips.
When the Planning Commission recommended approval
unanimously back in May, they recommended that each of these
offers be made conditions of the approval. In addition, they
recommended another condition, that the number of vessels permitted
in the marina be limited to the number of slips. Allow me to
explain.
There currently exist 39 numbered slips in the marina plan along
that southern shoreline, but the Freedom Boat Club operates more
than that number from this location currently. So how can this be?
Freedom Boat Club's typical boat length ranges from 20 to 25 feet
long. It can't get much bigger than that because you run aground or
you can't get under the fixed bridges coming in and out of Naples
Bay.
But some of the numbered dock slips, those 39 numbered dock
slips along the southern shoreline, greatly exceed that length.
September 26, 2023
Page 28
Right here, those four piers are 63 -- more than 63 feet in length,
so they can handle two or three of Freedom Boat Club's typical boats.
We are aware of no document or permit condition that limits each
numbered slip, even if a slip is more than 60 feet in length, to just one
vessel. The DEP's permit allows 112 slips in these waters, and the
county's Manatee Protection Plan authorized up to 311 in the marina.
So we do not believe there's any legal or technical reason why each
numbered slip be limited to one vessel.
Having said that, one boat, one slip is our goal. That's why
we're here trying to get additional slips added to the western basin.
Accordingly, as I stated earlier, we have no objection to this
condition being placed on a rezone approval.
That concludes my initial presentation. I do request the
opportunity of rebuttal after public comments, if warrantied, and then
I'm happy to answer any questions you may have at this time.
CHAIRMAN LoCASTRO: Mr. Miller, how many public
comments do we have?
MR. MILLER: We have one registered speaker at this time.
CHAIRMAN LoCASTRO: Let's hear from that person.
MR. MILLER: Nicholas Thomas.
MR. THOMAS: I'd like to withdraw.
CHAIRMAN LoCASTRO: Okay.
MR. MILLER: That's all we have, sir.
CHAIRMAN LoCASTRO: Okay. So I guess we open it up to
some questions.
I had just one quick question. The cameras are just, sort of,
self-monitored. There's not, like, a security station with a security
person in there watching the camera. Like you said, they're motion
cameras. You see something, then somebody can go back and get it,
right? So they're on autopilot, correct?
MR. BROOKER: Right. It's reactive in that sense.
September 26, 2023
Page 29
CHAIRMAN LoCASTRO: Yeah. And that whole list that
you put up there of all the sort of wants or desires by folks, you've
agreed to all of that across the board, correct?
MR. BROOKER: That's correct.
CHAIRMAN LoCASTRO: Right. Okay. Yeah, I just
wanted to get the clarity on that.
MR. BROOKER: In addition to the one boat, one slip
recommendation from the Planning Commission.
CHAIRMAN LoCASTRO: Yes, sir.
Okay. Commissioner Kowal, sir.
COMMISSIONER KOWAL: Thank you, Chair.
Yeah, this is in my district. And, you know, this ball started
rolling way before I became commissioner, and I had the opportunity
to speak to the community at Brookside and yourself on several
occasions.
And, you know, early on, onset -- and I think you answered a lot
of these questions. What the community was concerned about was
definitely the speed of the boats. The opportunity of the people
coming in as rentals, which is more of a club. So this isn't like these
are rental boats that are changing hands with different people that
have no experience. These are people that belong to the club, and
they take training; isn't that correct?
MR. BROOKER: Yes, sir. Freedom Boat Club actually
requires training before they allow any member to actually step onto
a boat and go out in the water, and that's on-land training, and then
they do training in the vessel as well for navigation training.
COMMISSIONER KOWAL: Yeah. And I know that was one
of the biggest concerns. And you had talked and addressed with the
cameras to answer Commissioner LoCastro, that they are motion
sensed. And it's basically so if a citizen that lives in this community
sees a boat not behaving properly in the waterways and it captures it,
September 26, 2023
Page 30
now they documented the vessel's number, the hull number, and the
time it went by, and they know exactly what member was operating
that boat, and they can address the issue.
MR. BROOKER: Yeah. And that was important, because
what we were hearing from the neighbors was they would get a "he
said, she said." You might get a phone call from a neighbor in
Brookside saying, oh, this boat just went by speeding, and then the
member gets to the dock, and then the member says, oh, no, I wasn't.
So you get into that kind of unnecessary -- the cameras will just
facilitate monitoring and allow the true speeders to be dealt with
appropriately.
COMMISSIONER KOWAL: Yeah. And I know for a
fact -- I mean, I worked in that area for 20 years for the Sheriff's
Department. And as long as I can remember, that's always been a
marina, and those covered slips were there for as long as I can
remember up until sometime after Hurricane Irma, I believe, between
there, 2006, 2010.
MR. BROOKER: Wilma.
COMMISSIONER KOWAL: Wilma, I'm sorry, not Irma.
That they disappeared and, you know, for whatever reason, I don't
know. But I just know that I always thought that was a marina, and
when it came to me to find out that was a residential property
underwater, it was -- I thought it was a mistake, you know, so --
And, you know, I definitely feel you addressed a lot of the
concerns, and the environmental concerns, too, that it's been dredged
twice in the last two decades.
MR. BROOKER: Correct.
COMMISSIONER KOWAL: So, you know -- and as that
arises and for the benefit of the owner, he's going to have to look in
the future, because when it does build up with silt and things like
that. And in the process, from what I understand, when they do
September 26, 2023
Page 31
dredge it, they have to test it at the same time, right?
MR. BROOKER: That's correct.
COMMISSIONER KOWAL: Okay. So I have to say I feel
satisfied with what was presented here today.
CHAIRMAN LoCASTRO: Okay.
COMMISSIONER KOWAL: So I'd like to make a motion.
COMMISSIONER McDANIEL: Wait a second.
CHAIRMAN LoCASTRO: I've got two speakers. I've got
Commissioner McDaniel, and then Commissioner Saunders.
COMMISSIONER KOWAL: Sorry.
COMMISSIONER McDANIEL: We'll let you make the
motion and second after I'm done.
CHAIRMAN LoCASTRO: Commissioner McDaniel.
COMMISSIONER McDANIEL: I'm -- I wasn't able -- you
addressed it a little bit, but I want to clarify. Property owners
change, businesses change, so on and so forth. And you talked about
permitting for 112 boats. There was a reduction of 25 from what
used to be there, and -- but then there was discussion about up to 312
would still allow you to be -- or 300-and-something would still allow
you to be designated as preferred.
So my suggestion is that we -- with the -- as a portion of this
condition similar to what the Planning Commission said, that we
limit the actual amount of boats per this approval for up to 120. And
that -- that would then allow for the owner of the property to sell the
property. The next person coming in knows what they're getting.
The neighborhood knows what they're getting, and we're not -- we're
not opening Pandora's box, if you will, for another business owner to
double the amount of boats that are currently in there.
MR. BROOKER: May I comment on that?
COMMISSIONER McDANIEL: Oh, sure.
MR. BROOKER: I would respectfully request that that
September 26, 2023
Page 32
condition, which is not necessarily objectionable, be limited to wet
slips. Because the dry land can be put to use as it was for decades
with dry storage where you have racks of boats that are lifted and
placed into the water. But in terms of the number of slips -- and
that's where you get -- we heard in the past 234 total slips were
permitted at one time. That was 137 wet and the balance dry. What
I don't -- I just don't want to tie Mr. Giglio's hands on the upland use.
COMMISSIONER McDANIEL: If I'm not mistaken, the -- is
that use permitted currently under his existing zoning for the dry
slips?
MR. BROOKER: It is.
COMMISSIONER McDANIEL: Okay. And I'm fine with the
wet slips if we limit it to no more than a hundred and -- I mean, 120
is a number that I just arbitrarily picked.
And then second with regard to Commissioner Kowal's motion,
I'm going to suggest that he grab the reins with regard to working
with FWC and ensure that the speed limit signs are adjusted
appropriately so that we maintain as low a speed in that area as
possible. I'll volunteer him for that as well.
COMMISSIONER KOWAL: And I had -- also the
conversation with you and the owner, Mr. Giglio, that, you know,
being a good neighbor, I think, on the marine itself and getting with
marina -- with the boat club and have their own stipulations on idle
speed only when going to and from as being part of their -- you
know, their rules and regulations, and I think you did say they did put
a sign?
MR. BROOKER: Yes. So that is Freedom Boat Club's rule.
They instruct all members that it's idle speed. Notwithstanding Fish
and Wildlife's designation as slow speed, Freedom Boat Club tells all
members that it's idle speed and they, in fact, posted private signs on
our property stating idle speed. These are not official Fish and
September 26, 2023
Page 33
Wildlife signs, but it's the private property owner doing what he can
to minimize boat speed in the creek.
COMMISSIONER KOWAL: Yeah. And I'll get on the state.
But we'll -- I think at this time, I think, being a good neighbor and
that being put in place is -- you know, is official for everybody.
CHAIRMAN LoCASTRO: Commissioner Saunders.
COMMISSIONER SAUNDERS: Thank you, Mr. Chairman.
I was actually going to urge our staff to work with the Fish and
Wildlife to accomplish that. And I have a letter that was presented
to me. The original letter was addressed to Chris Darco, senior
environmental specialist, which really outlines what they are
proposing. If you could provide Commissioner Kowal a copy of that
letter, because I've kind of marked up on mine, but that will give you
some guidance as to what they were asking for.
MR. BROOKER: Absolutely.
CHAIRMAN LoCASTRO: I see nobody else lit up. I'll just
add -- and I've had really great success with our county staff working
with Fish and Wildlife on things that we never got a return phone call
on, and then a couple of people, to include Trinity Scott back there
and a few others, that, you know, brought a serious issue to the
attention and then we did get action. So I have no doubt that with
Commissioner Kowal's involvement, working with the county staff
and you-all, you'll get the proper signage there, and that seems to be
the only sort of loose end.
But having said that, do I have a motion to approve?
COMMISSIONER KOWAL: Yes. I'd like to make a motion,
and what Commissioner McDaniel had stated to put in the motion to
limit wet slips up to 120 and leave the upland as it is. But I'd like to
make that motion.
COMMISSIONER HALL: Second.
CHAIRMAN LoCASTRO: Okay. I've got a motion to
September 26, 2023
Page 34
approve by Commissioner Kowal, a second by Commissioner Hall.
All in favor?
COMMISSIONER HALL: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN LoCASTRO: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER KOWAL: Aye.
CHAIRMAN LoCASTRO: Opposed?
(No response.)
CHAIRMAN LoCASTRO: It passes unanimously.
MR. BROOKER: Thank you.
Item #9B
ORDINANCE 2023- 43: REZONING PROPERTY TO ESTABLISH
THE DUNKIN DONUTS COLLIER BOULEVARD CPUD TO
ALLOW UP TO 10,000 SQUARE FEET OF CERTAIN C-1, C-2,
AND C-3 USES ON 1.98± ACRES OF PROPERTY LOCATED ON
THE WEST SIDE OF COLLIER BLVD 350± FEET NORTH OF
PINE RIDGE ROAD IN SECTION 15, TOWNSHIP 49 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA. (PUDZ-
PL20220004546) (DISTRICT 3) - MOTION TO APPROVE BY
COMMISSIONER MCDANIEL; SECONDED BY
COMMISSIONER LOCASTRO – ADOPTED
MS. PATTERSON: Commissioners, that brings us to Item 9B.
This is a recommendation to approve an ordinance rezoning property
to establish the Dunkin Donuts Collier Boulevard CPUD to allow up
to 10,000 square feet of certain C-1, C-2, and C-3 uses on 1.98 plus
or minus acres of property located on the west side of Collier
Boulevard, 350 plus/minus feet north of Pine Ridge Road in
September 26, 2023
Page 35
Section 15, Township 49 South, Range 26 East, Collier County,
Florida.
With that, ex parte from the commissioners, please.
CHAIRMAN LoCASTRO: Commissioner Kowal.
COMMISSIONER KOWAL: I have no communications or ex
parte.
CHAIRMAN LoCASTRO: Commissioner Saunders.
COMMISSIONER SAUNDERS: I have no disclosure,
Mr. Chairman.
CHAIRMAN LoCASTRO: Okay. Commissioner Hall.
COMMISSIONER HALL: None at all.
CHAIRMAN LoCASTRO: Commissioner McDaniel.
COMMISSIONER McDANIEL: I have emails.
CHAIRMAN LoCASTRO: Okay. And I have no disclosures
on 9B. Okay.
MS. PATTERSON: With that, participants need to be sworn in
by the court reporter, 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: We'll begin with the applicant.
MR. ARNOLD: Thank you. Good morning. I'm Wayne
Arnold, professional planner with Grady Minor & Associates
representing the applicant.
We're here for about a two-acre rezone. And I have Michael
Delate from our office, professional engineer; Jim Banks is our traffic
consultant; and Marco Espinar is our biologist on the project.
So this project is located in one of your neighborhood centers in
the Golden Gate Area Master Plan. It's a vacant parcel located
between the VFW and a small strip plaza and existing gas station at
September 26, 2023
Page 36
the corner of Pine Ridge and Collier Boulevard.
The neighborhood center allows a full gambit of C-1 through
C-3 commercial uses. We're proposing a maximum 10,000 square
feet of C-1, 2, and 3, and one of the in-line anchor tenants is
scheduled to be Dunkin' Donuts. We've represented our client, who
owns all the franchises for Dunkin' around the community.
And we are proposing the C-1, 2, and 3 with the allowance for
drive through for that Dunkin' Donuts.
We have a -- the neighborhood information meeting -- this
project is served by a road, Neff Way, which, if you've been around a
while, you know where that is off of Pine Ridge Road. It's a private
road. The neighbors were concerned about parking that exists on
that road today, some trash, and things of that nature, and I think the
Planning Commission, when they heard that, rightly so, you know,
agreed that, you know, we're going to have parking to code, and we're
not really going to contribute to that problem.
Members of the VFW were here. We agreed to put a sign at the
Neffs Way entrance indicating no right turn. We're part of what I
would call -- we affectionately called it the jug handle when I was
helping the county and the applicant that owned the property. You
may remember the Brooks family. They worked with the county to
create this little slip lane off of Collier Boulevard to serve the gas
station. Even though it cost them a little bit of money to buy some
other property, it saved a lot of business damages for your
right-of-way taking back in the day.
So we have access to that frontage road, if you will. We don't
really need the Neffs Way to certainly get to the VFW.
I didn't see any speakers. I'm happy to answer any questions
you may have. It seems fairly straightforward.
CHAIRMAN LoCASTRO: Any public speakers, Mr. Miller?
MR. MILLER: No, sir.
September 26, 2023
Page 37
CHAIRMAN LoCASTRO: Okay. Commissioner McDaniel.
COMMISSIONER McDANIEL: I'll make a motion for
approval.
CHAIRMAN LoCASTRO: Okay. Motion for approval, and I
will second it. So I've got a motion for approval by Commissioner
McDaniel, a second by Commissioner LoCastro. All in favor?
COMMISSIONER HALL: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN LoCASTRO: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER KOWAL: Aye.
CHAIRMAN LoCASTRO: Opposed?
(No response.)
CHAIRMAN LoCASTRO: It passes unanimously.
MR. ARNOLD: Thank you.
Item#11A
APPROVE THE PROPOSED COLLIER COUNTY STATE AND
FEDERAL LEGISLATIVE AND ADMINISTRATIVE
PRIORITIES FOR 2024. (JOHN MULLINS, DIRECTOR OF
COMMUNICATIONS, GOVERNMENT & PUBLIC AFFAIRS)
MOTION TO APPROVE BY COMMISSIONER MCDANIEL;
SECONDED BY COMMISSIONER SAUNDERS – APPROVED
MS. PATTERSON: Commissioners, that brings us to Item 11,
County Manager's report. Item 11A is a recommendation to approve
the proposed Collier County state and federal legislative and
administrative priorities for 2024.
Mr. John Mullins, your Director of Communications,
Government, and Public Affairs, will begin the presentation.
September 26, 2023
Page 38
MR. MULLINS: Good morning, Commissioners. For the
record, John Mullins, your director of Communications, Government,
and Public Affairs.
And you have before you in your packets this morning the
proposed 2024 state and federal legislative and administrative
priorities. Basically, our marching orders for the next legislative
cycle.
Now, this is the first priorities document produced by our new
legislative affairs coordinator, Bridget Corcoran, who is here with
me, who has a couple of decades of experience at the local, state, and
federal levels, and who hit the ground running when she joined us in
mid-July.
Now, Bridget is going to take over the daily coordination of our
priorities with our state and federal lobbyists. She'll be managing
our departmental conduits who help us play defense against any
proposed onerous legislation that may come down the pike, and she
will also be on hand to assist with constituent services that may
involve state and federal executive agency coordination to help
remedy.
And with that, I'm going to defer to Bridget to tell you a little bit
more about herself and to take us through the rest of this program,
and then we'll be on hand for questions. Thank you.
MS. CORCORAN: Good morning. For the record, Bridget
Corcoran, Legislative Affairs coordinator. And I am not John
Mullins, so go easy on me, first meeting here, please.
The priorities document was produced in conjunction with our
state and federal lobbyist, county management, department staff, and,
of course, your individual input. This list is a snapshot of what we're
looking at right now. Obviously, this can change at any moment. If
there's any issues that come up during the sessions, we will come
back to you if there's not any, you know, instructions we can derive
September 26, 2023
Page 39
from this document.
The format of the document, aside from the state appropriations,
is just simply alphabetical. They're not in any certain order other
than alphabetical.
And as you may recall, this board previously approved the state
appropriations, aside from the one item for 3.6 million for the
construction of EMS Fire Station 74, which will serve the
unincorporated and eastern portion of the county. All these projects
were presented by the Chairman to the delegation meeting on
September 11th, which also included that EMS project.
So given the fact that you were previously given the document
for your feedback, input, and, you know, items that you wanted to
add, we're happy to answer any questions you may have on any of the
items. Otherwise, we're simply asking for approval today and for
authorization for the Chair to draft any needed correspondence on
behalf of the Board for any of the issues outlined in the document.
CHAIRMAN LoCASTRO: Commissioner McDaniel.
COMMISSIONER McDANIEL: Are you related to any other
Corcorans that we know?
MS. CORCORAN: No.
COMMISSIONER McDANIEL: Okay.
MS. CORCORAN: I'm coming from Buffalo, New York, so...
COMMISSIONER McDANIEL: Oh, okay.
COMMISSIONER HALL: Never admit it.
COMMISSIONER McDANIEL: Yeah, exactly.
I'm going to make a motion for approval.
CHAIRMAN LoCASTRO: Okay. I've got a motion for
approval by Commissioner McDaniel. Do I have a second?
COMMISSIONER SAUNDERS: I'll second that,
Mr. Chairman.
CHAIRMAN LoCASTRO: I've got a second by Commissioner
September 26, 2023
Page 40
Saunders. All in favor?
COMMISSIONER HALL: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN LoCASTRO: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER KOWAL: Aye.
CHAIRMAN LoCASTRO: Opposed?
(No response.)
CHAIRMAN LoCASTRO: It passes unanimously.
COMMISSIONER McDANIEL: Just so you know, my motion
for approval was conditioned upon that answer.
MS. CORCORAN: Thank you.
CHAIRMAN LoCASTRO: Thanks for all the hard work on
this.
MS. CORCORAN: Thank you.
CHAIRMAN LoCASTRO: Appreciate it.
Okay.
Item #11B
PROVIDE INSIGHT AND HISTORICAL PERSPECTIVE TO THE
BOARD RELATING TO ARTS AND CULTURAL GRANTS
PROGRAM AND MAKE A RECOMMENDATION FOR THE
BOARD TO APPROVE AND AUTHORIZE THE CHAIRMAN TO
EXECUTE TOURIST DEVELOPMENT TAX GRANT
AGREEMENTS FOR FY 2023-2024 MARKETING GRANTS
(CATEGORY B) ($74,648) AND NON-COUNTY
OWNED/OPERATED MUSEUMS (CATEGORY C-2) ($750,000),
APPROVE GRANT AWARD OF FUNDS IN THE AMOUNT OF
$824,648 FOR BOTH PROGRAMS CONTINGENT UPON FY
2024 BUDGET AVAILABILITY, AND MAKE A FINDING THAT
September 26, 2023
Page 41
THESE EXPENDITURES PROMOTE TOURISM. (PAUL
BEIRNES, TOURISM DIRECTOR) (ALL DISTRICTS) - MOTION
TO APPROVE BY COMMISSIONER MCDANIEL; SECONDED
BY COMMISSIONER HALL – APPROVED
MS. PATTERSON: Commissioners, Item 11B is a
recommendation to provide insight and historical perspective to the
Board relating to Arts and Cultural Grants Program and to make a
recommendation for the Board to approve and authorize the
Chairman to execute tourist development tax grant agreements for
Fiscal Year 2023/2024 marketing grants, Category B, in the amount
of $74,648, and non-county-owned/operated museums, Category C-2,
in the amount of $750,000, approve grant award funds in the amount
of a total of $824,648 for both programs contingent upon the FY
2024 budget availability, and make a finding that these expenditures
promote tourism.
Mr. Paul Beirnes, your tourism director, is here to present.
MR. BEIRNES: Good morning. For the record, Paul Beirnes,
division director of Tourism. And with me also is John Melleky in
case there's any questions. John is our manager of arts and culture
and leads all of our grants initiatives.
Thank you, Troy, for the presentation, and I will -- I'll move
along.
There's a lot of meat here. I'm just trying to give you an
overarching look of how we have proceeded over the years. And,
you know, this is -- this is a program that has spanned over -- well
over 20 years under the guidance in the county ordinance.
The intent all along has been to support initiatives promoting
tourism, basically putting heads in beds and overnight visitation.
This is a reimbursable grant, so based on the performance at the end
of the year, these are -- these are then provided. The funding is
September 26, 2023
Page 42
actually generated out of the tourist development tax.
And just for a little bit of an insight, and it's important to kind of
understand where we are today, based on the Board direction in 2021,
they encouraged the tourism division to really amp up and align the
arts and culture community surrounding a singular year-long
Hispanic arts and cultural event, which is known as Arte Viva. To
do that, we jump started the program for a one-year period by
reaching into the reserves and increasing it by $200,000, and we're
starting to narrow that back, as that program has been successful and
launched.
So there are two grants programs. The first one is termed as a
non-county-owned museum. The intent of this is to develop and
execute marketing campaigns and programming possessing, again,
that possibility of driving destination tourism.
The other is marketing grant. The intent of that is marketing
and communications campaign surrounding festivals, events, cultural
activities.
So where does the money come from? It's part of the tourist
development tax collection. I've highlighted in yellow here the two
areas. The top one is the smaller Category B marketing program.
It's actually carved out of our aggregate CVB marketing and
promotion budget. The non-county museums portion, what you see
on the bottom area, that is the larger one, that is actually part of
the -- part of the museums grants. This graph right here designates
how the 5 percent tourist development tax, each penny is designated
and, by design, that 1.91 percent is designated for the
non-county-owned museum grants.
Now, I guess this is probably the most important and
enlightening part of this. The -- turning back time when this first
started, under the non-county museums, the predominant focus was
within capital initiatives, thing such as the Freedom Memorial. That
September 26, 2023
Page 43
helped fund that. Things like restoring gatehouses surrounding the
Palm Cottages. Again, that was early on in the 2000s.
Many of these organizations that we're talking about now either
didn't exist or were just being built, such as Golisano's Children's
Museum, but somewhere around 2007, there was a lot of
programming that was coming out. And so around that 2007 point,
focus started supporting some of these initiatives and these
organizations at that time.
Similarly, on the marketing side, on the marketing Category B
grant, early on it included things such as way-finding kiosks at
Friends of Fakahatchee for capital expenditure; sports, bringing in
youth sports, amateur sports; also meetings. Meetings were
becoming pretty significant within the community and our hotels, so
that was funded; and then, of course, festivals and grants.
So a big shift change. Around 2009, a couple things were
happening. We were embracing the arrival of the sports complex.
So we knew that we would have to put a lot more incentive into
bringing the amateur sports and the soccer, lacrosse, and football.
So those -- those funds started migrating over to within the CVB
budget.
Similarly, meetings and conventions with mega facilities, such
as the JW Marriott and the Ritz-Carlton, all bringing significant
meetings, that was also embraced within our overarching CVB
budget.
You see in the far right-hand side? These are kind of the core
base of these grants that have consisted through the entire period.
I want to take a look, over those 20-odd years, if you will, under
the non-county museums, a total of 18 organizations have amassed.
The distribution of about $8.6 million were awarded. Under the
marketing grant, the Category B, 20 organizations have received
about $1.4 million total.
September 26, 2023
Page 44
While we have the entire list, I just took a look -- or just
assembled the top six, if you will. So we'll give you an example
how to read this. On the right-hand side top, there are the
non-county museums. Over a course of 15 years, the Naples
Botanical Garden has received $2.8 million aggregate, about -- or
189,000 on an annual basis, if you really average it across the boards
and you see it trickle down from there.
A lot has also happened in just the last two years to try to create
a methodology and efficiency. We've created an online system so
the application is very, very tracked. Everything is apples to apples.
It's all automated and in one place.
Marketing plans are required of all applicants to make sure that
they have a detailed marketing plan, strategy, target audience, for our
sense of comfort that it will put heads in beds and drive visitation.
And then visitor analytics are required way more than we ever did
before. In fact, we align them with our research agency, Downs and
St. Germane, to make sure that the best practices are engaged when
they are capturing these numbers and the legitimacy of them.
How the awards is secured, we actually have a committee of
team members across the county that review them, score them. You
see the criteria here very much on the guidance, if you will, of our
Procurement Department of, you know, tourism impact, marketing
plan impacts, and such.
And then from that, we make a recommendation, average them
out, and bring it to the TDC for approval and then, finally, to the
Board of County Commissioners for your review and approval as
well.
Grants guidelines themselves, the recipients must submit the
final report showcasing all the resorts -- resorts -- results for that
reimbursement. All activity must take place during the fiscal year,
October 1 through the 30th. And through the whole period, tourism
September 26, 2023
Page 45
is fully aligned with them encouraging them through training
sessions, making sure that they are tracking the results very, very
methodically so that we don't find out in the last stage that we should
have guided them a little more efficiently early on. So there's a lot
of -- a lot of data collection that happens, and we are aligned with
them at all steps.
And then for 2024, the team, we are already looking at crafting
some parameters, limiting repeating or recurring projects. Now, that
doesn't mean that a recipient would be part of that but, rather, if you
had -- and I'm just going to make it up for the -- for the absurdity of
it. If it was a pet festival, it would only be X amount of years before
it weans out, and it would not be 10, 15 years that we would support
such a festival. So we're trying to figure out the best guidelines and
guardrails to put some sort of parameters on that.
And then, of course, for full disclosure, you know, funding of
these grant programs and awards is certainly subject to the Board of
County Commissioners, and the Board has the discretion to
determine whether these -- to fund these grants.
Hopefully, I've provided a little bit of historical insight. There
is a lot of legs to it, but definitely here to answer any questions,
myself and John Melleky.
CHAIRMAN LoCASTRO: Mr. Miller, do we have public
speakers before we go to questions?
MR. MILLER: Yes, sir. We have 10.
CHAIRMAN LoCASTRO: Okay. Why don't we hear from
public speakers first, and then we'll -- I'm sure we have -- I know I
have some questions.
MR. MILLER: I'll remind our speakers to queue up at both
podiums, please.
Christine Noonan will be followed by Michael Monroe
Ethridge.
September 26, 2023
Page 46
MS. NOONAN: Good morning.
CHAIRMAN LoCASTRO: Good morning.
MS. NOONAN: My name is Christine Noonan. I'm a native
of Naples, Florida, and in my lifetime, I have witnessed the moving
of the county seat, the first bank, the first hospital, the first library,
the beginning of the Naples Art Association, which was started by
George E. Rogers, which now his entire studio is at the Collier
Historic Museum.
I'm a member of the Naples Art District and United Arts Collier.
Naples has always attracted influential people who have invested in
our community. Now we're on a global stage not only for our
beaches and natural wildernesses, we offer a rich cultural community,
music and dance, theater, art, opera, museums, art institutions, art
districts. They're equal to our neighbors; Palm Beach, Miami,
Wynwood, Sarasota, Tampa, St. Petersburg, and many more.
It's taken 70-plus years to build this world-class culture city that
offers the best for our visitors. I have -- I just visited the newly
remodeled Naples Airport. This gorgeous airport is now displaying
the first art exhibit for our visitors coming in from destinations from
all over the world, and they're welcomed by a taste of our art and
cultures hosted by United Arts Collier at the Naples Airport, and I
am -- please allow this very thriving city to continue to expand in its
culture arts. Thank you very much.
MR. MILLER: Your next speaker is Michael Monroe Ethridge,
and he'll be followed by Alice Van Arsdale.
COMMISSIONER McDANIEL: And maybe remind them to
go to both podiums.
MR. MILLER: Yes. Thank you, sir.
MR. ETHRIDGE: As Picasso said, art washes away from our
souls the dust of everyday life.
My name is Michael Monroe Ethridge, and I've been a
September 26, 2023
Page 47
professional artist for many years, now living in Naples. I'm
currently on the Board of the Naples Art District.
I've been asked to show my paintings in fine art galleries around
the country; Aspen, Carmel, Sedona, Santa Fe, Newbury Street in
Boston, and now here on Fifth Avenue in Naples. Since then, I've
gotten a working studio in the Naples Art District. I do know how
important art is to tourism and in our personal lives and in the growth
of our community.
I'm here to ask for assistance from our commissioners for all of
the arts in Naples by the financial backing with the grants that are
available. And today I want to share a few words why it's extremely
important for all of these arts, the visual arts, the literary arts, the
performing arts. I've never been more proud to have my studio in
here and with so many numerous working studios in the Naples Art
District; other great art destinations, such as Santa Fe, the Chelsea
Art District in New York, and the Wynwood District in Miami, all of
which I have visited.
At our last business meeting of the Naples Art District this
spring, we had over 100 artists: Ceramic workers, sculptors,
glassblowers signing up for membership in our Naples Art District
here, and I'm one of those, for the upcoming 2024 season. But to do
the things we need to, we need the financial backing.
Today I'm asking for some support -- the support and funding to
help not just the Naples Art District but for all areas of art within our
entire city and county. When you support the arts, you're saying, I
support culture, I support prestige and a great quality of life. This
financial support you can give us will influence and encourage
outside tourists and populations to move here, which will
wonderfully impact our economy.
The property values will go up, local real estate markets will
prosper, and the tax revenue from these local government projects
September 26, 2023
Page 48
can be reinvested in public services infrastructure and educational
programs.
So in closing, supporting the arts removes the dust because it
allows us to be something -- part of something good like our family,
our church, the Boy Scouts. Art does this by creating something
beautiful like laughter, joy, smiles, and friendship and a stronger
community. With these grants and the support, we'll remove the
dust. I'm asking all the commissioners that are here to help us do
just that.
Thank you very much.
MR. MILLER: Your next speaker is Alice Van Arsdale.
She'll be followed by Jonathan -- is this Foerster?
MR. FOERSTER: Yes, sir.
MS. VAN ARSDALE: Good morning. My name is Alice
Van Arsdale. I am the vice president of development for
Artis-Naples. I am also a Naples native. I grew up here. I grew up
taking advantage of the wonderful arts and cultures, opportunities
that are provided here from the Naples Players to Artis-Naples to
Naples Art and beyond. And it's really what spring-boarded my
career, my studies.
I moved away. I lived up north for 10 years. And while I was
away, the culture organizations here, by the support of the
individuals, the government, and on all levels, blossomed here, and
that is really what inspired me to come back.
In my role at Artis-Naples, I have received fundraising efforts
for the organization. Our financial health depends on the generosity
and commitment of individuals, foundations, corporations, and
government at all levels.
At the heart of Artis-Naples' existence, and every non-profit
represented here and beyond, is the dedication to serve, serving the
community by crafting and providing and celebrating cultural
September 26, 2023
Page 49
experiences and learning opportunities. The county citizens and
visitors are able to take advantage of this of all ages and backgrounds
who might not otherwise have access to it.
One of the core priorities of my role, of course, is to raise funds
in support of these programs, but I really see the first priority of my
role is to forge and strengthen partnerships. We succeed or fail by
the strength of these partnerships because they stand for belief in our
mission. They create a bridge from our services to the community
and allow them to access it. Partnerships forged in belief are
expressed by intertwining means. This is participation, advocacy,
and contributions.
You know, we haven't expressly heard some of the opinions on
the -- from the commissioners on this tourist grant program. We're
left to sort of draw some conclusions as well as sort of the feelings
for this program, and mentioned at the last meeting as well where we
talked about this subject, but we do get the sense that there are
considerations for decreasing this program. And beyond the
proposition of decreasing the financial support, and as we -- all
nonprofits function on a hair's breadth of success in terms of our, you
know, financial profit, what mainly concerns me is the resulting
decrease that may occur. If funding decreases, then what might
happen to the participation and advocacy of the county?
Undermining the strength of our partnership decreases the belief in
this mission.
I also believe that there is a little bit of a myth in Naples that
because we are a community of very generous individuals that it's not
needed to support by other means, and that's not the case. In fact, I
think you should align with these individuals who are supporting us.
I would just like to leave you, very quickly, with my gratitude
for the opportunity to speak here. I appreciate the debate. We
should be having these debates, and we should be justifying every
September 26, 2023
Page 50
dollar of the public's money that we spend. But I want to leave you
with my belief in this partnership, my gratitude for it, and the impact
that we can create together.
CHAIRMAN LoCASTRO: Thank you.
MS. VAN ARSDALE: Thank you.
MR. MILLER: Your next speaker is Jonathan Foerster. He'll
be followed by Elysia Dawn.
MR. FOERSTER: Good morning. For the record, Jonathan
Forester. I'm the CEO of the Golisano Children's Museum of
Naples.
You guys have -- some of you have heard me say this a bunch of
times, but to me the arts and culture is the thing that differentiates us
between a lot of our competitive tourism areas in the state of Florida.
You know, Destin doesn't have a children's museum, it doesn't have
the Artis-Naples, it doesn't have the Naples Art Association, it doesn't
have a Botanical Garden like we have, and I think continuing to
support those organizations continues to support the breadth of
tourism that we have here in our community.
We are not just a pretty place to come and spend a little time
outside, but we're a place to really invest in, to get -- to spend time to
really get to know, and I think that is the thing that creates deep and
lasting impactful travel experiences and the kind of travel
experiences that make people want to come back again and again and
again and again.
And I think that's what the recipients of these grants do for our
community. And I think that, you know, if you had, you know,
Clark here from the TDC to tell you that his best customers are the
ones that want to come back, the ones that want to invest in our
community, and I think we help them, and our tourism partners do
that.
Obviously, this is an opportunity to explore what tourism tax
September 26, 2023
Page 51
money should be used for, and I think there are a lot of great ideas
people from throughout the community on how we should do that.
But I think what we forget is that it can't just be about the beaches.
It can't just be about the Everglades. It has to be about more, or we
will become a one-trick pony, and I don't think that that's what our
community is, and I don't think that's what we want to be.
And if you look at communities to our north, for example,
Sarasota which collects less TDT than Collier County does but
spends three times the amount on the arts and culture grants, and they
do that because they've realized that's a prime draw for them.
They're the ones that are advertising their arts and culture in all of the
northern festivals and magazines throughout the summer so that
when winter comes and people don't want to be cold but they still
want to experience great art, they know to come to Florida, and
unfortunately, they know to come to Sarasota instead of Collier
County.
So I think that we can do a better job of promoting the arts with
more investment. I would hate to see us pull back from what we've
already accomplished, and I would love to see us move forward.
You know, I can speak for a lot of us in saying that we are incredibly
grateful for the support.
And as you saw in that slide that Mr. Beirnes put up earlier, the
children's museum has been a great beneficiary of the support of this
tax revenue, and we might not be here without it.
So I appreciate that, and I appreciate all your hard work and
dedication to the county, and I hope that you will see it to yourselves
to support continuing this program.
Thank you.
CHAIRMAN LoCASTRO: Thank you, sir.
MR. MILLER: Your next speaker is Elysia Dawn. She'll be
followed by Kelly Kirk.
September 26, 2023
Page 52
MS. DAWN: Hello. My name is Elysia Dawn, and I'm the
executive director of United Art Collier. I want to say thank you for
allowing me to speak today and for your work in the community.
It's greatly appreciated.
I want to speak to the importance of the arts on both a personal
and a professional level. Personally, I grew up in Naples and was
very fortunate to have wonderful access to the arts with great
organizations like Artis-Naples, getting to perform there as a child;
also Fleischmann Park, ballet classes there, which led me to a career
in ballet that brought me around the world performing; and then also
working at the Metropolitan Museum of Art.
But I missed it here. This is such an incredible community, and
I was grateful to be able to come back and to engage in the arts,
which is my area of expertise.
I greatly believe in the value of the arts in that personal way and
that the arts gave my life purpose and meaning, but we also know
how they do serve the community on an individual level with things
like the impact that they have on mental well-being, alleviating
symptoms of things like depression, anxiety, PTSD, which is
particularly important for some of our most vulnerable population,
including at-risk youth, which we serve, as well as seniors and
veterans.
It is also shown to impact educational outcomes. Children with
arts education are able to -- are five times less likely to drop out of
school, four times more likely to be academically recognized, four
times more likely to pursue a secondary degree, as well as a
collective.
The arts are an industry here to the tune of $108 million
according to our last economic impact study. They have about 3,000
full-time jobs that are created in the community, and also about 183
arts organizations -- arts and culture organizations here.
September 26, 2023
Page 53
So, you know, we are economic impact-makers. We are
drivers. And so when you give to the arts, it's not just charity. It
is -- it's an investment, really, in our community. Because the arts
do serve our community. And these -- these funds are so critical to
our organization's ability to function and ability to reach others with
the message of what we do here, which is truly special, inspiring, and
elevating for this community, for our residents and our tourists that
we want to share this work with.
So I want you to consider that, please, as an investment in this
wonderful place, and urge you to consider strongly helping us obtain
these funds. They make a tremendous difference to us and all those
we serve.
So thank you very much for your time.
CHAIRMAN LoCASTRO: Thank you.
MR. MILLER: Your next speaker is Kelly Kirk. She'll be
followed by Holly Dudley.
MS. KIRK: Good morning, Commissioners. My name is
Kelly Kirk. I am a Collier County business owner; a director of the
Florida Stone Crabbers Association; a native Floridian, native
Naples; and on the Board for the Everglades Seafood Festival, which
is why I'm here today.
I stand before you to encourage you to follow through on the
previous decision of supporting and approving the TDC's grants for
the upcoming year. I'm sure many of you know how many blood,
sweat, tears, hours, labor goes into each of these events in Collier
County.
Specifically for the Everglades Seafood Festival, myself and the
other directors work year-round at volunteer cost, so we don't make
any income off of it, like many here.
Our goal is to bring light to the Everglades City community and
surrounding areas, support them with the funds that the festival
September 26, 2023
Page 54
brings in, and highlight the importance of the working waterfront in
our area, specifically the commercial stone crabbers and fishermen.
2024 will be the 54th Annual Everglades Seafood Festival.
Many locals know about it and already plan to attend, but our goal is
to reach outside of the community here. This grant allows us to
advertise in the surrounding counties, states, and even as far as
Europe. We advertise with social media, radio stations, magazines,
both Pleasure and FWC publications, and many more.
We learned last year through marketing analytics visitors plan
their vacations around this festival, and these visitors come back
annually, thus contributing to the county in many ways year after
year.
Accommodations book up quickly, restaurants see the uptick,
ecotours and charter captains fill their schedules, commercial
fishermen are working tirelessly to provide the fresh catches for this
festival.
Thank you for the time to speak. We hope to see you all at the
festival and encourage your support.
CHAIRMAN LoCASTRO: Thank you.
MR. MILLER: Your next speaker is Holly Dudley. She'll be
followed by Kathleen van Bergen.
MS. DUDLEY: Good morning. My name's Holly Dudley.
I'm a director for the Florida Stone Crabbers Association and
coordinator for the Everglades Seafood Festival. I'm also the
president of Holly's Hope. I help people get into rehab facilities for
drug addiction.
I believe in giving back. I believe in charity. I believe in
helping your community when you're given the opportunity to. And
this festival fell in our lap year before last, and we were given the
opportunity to take it on.
It's a three-day event that brings around 70,000 people into the
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Everglades City area. As most of you-all know, there's only about
5- or 600 of us down there year-round, so that's a big number for us.
But it is a three-day event that can float our community all year long,
considering we don't have many children down there.
There are a lot of needs. We provide trade scholarships for all
applying seniors. We provide lettermen's jackets, prom,
homecoming, food bank donations, material for hurricane victims,
many other needs -- many, many needs in the community.
I come to you today in the hopes we'll be gifted this grant. It
allows us to advertise and market this festival throughout the United
States without taking away from the profits of the festival that we use
to give back into the community.
So my hope is that you guys will consider gifting this to us.
And we have the blessing of the stone crab fleet September 30th. I
think we've invited all you guys via email. We'd like to see you
there. Thank you.
CHAIRMAN LoCASTRO: Thank you, ma'am.
MR. MILLER: Your next speaker is Kathleen van Bergen.
She'll be followed by Hyla Crane.
MS. van BERGEN: Good morning, Commissioners. Kathleen
van Bergen, CEO and president for Artis-Naples.
Thank you very much. It's a pleasure to see you again. And
on behalf of all of the arts organizations here, we are grateful for the
decades of support that this partnership has given each of our
organizations. I say "partnership" because there are expectations on
both sides of this relationship. With these grants that we accept, we
commit to being good stewards of the dollars that you allocate to us.
There are expectations of incredible programming that will drive
tourists. There are expectations of documentation for how we spend.
Ultimately, you are the judge. You do not reimburse unless we are,
indeed, good stewards of every dollar.
September 26, 2023
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These grants programs not only support world-class arts
activities and education activities that drive tourism here, but we also
are able to market the entire community outside of beautiful Collier
County.
I love hearing the stories, and I know I shared it at the last
meeting, but it is a regular discussion where someone will say, I first
came to Naples to attend X, Y, or Z or to see this exhibition or the
beaches and the gulf and, eventually, they become residents. They
say they can find beach, golf, sunshine all around our beautiful state,
but they're choosing Collier County because of our commitment and
the characteristic that defines us as part of an arts and culture
community.
I speak as one of the largest organizations in the arts and culture
community, and I also speak as one of the larger employers in Collier
County. Artis-Naples was grown literally from the sand up, and I
respect all of the business decisions you have to make because I now
have to make those decisions for an almost $40 million operating
budget and over $240 million in assets. That only underscores how
much I value each and every dollar that is allocated to support our
mission, our mission to bring world-class arts and cultural but also to
serve the student population and young population.
At this point, we bring over 800 events, almost 50 percent of
which are free to this community. Annually, we welcome over
300,000 visitors onto our cultural campus, 45,000 of which are
students, and we know that population is growing. And I think it is
obvious that this is a value. Arts and culture is a value to our
citizens and our visitors.
So as we celebrate the Centennial of Collier County, please
continue to support this arts and culture grant from marketing and
programming. It has become a defining characteristic of our
community. And if there are expectations to redefine, to deepen, I
September 26, 2023
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look forward to our continued partnership, and I look forward to
meeting the expectations of these precious dollars that you trust us
with.
Thank you very much.
CHAIRMAN LoCASTRO: Thank you, ma'am.
MR. MILLER: Your next speaker is Hyla Crane. She'll be
followed by Kristina Heuser.
MS. CRANE: Good morning, Commissioners. My name is
Hyla Crane, and I'm the executive director at the Marco Island Center
for the Arts and the Arts Center Theater.
It's my belief that great artists, both visual and performing, find
their inspiration from the very depths of the soul. They're -- the
Lord speaks through them because without him there is no creation.
And this is a significant reason why I have devoted my life to
working in the arts.
You have heard from those who spoke before me about the
economic benefits of the arts, that the arts mean business, that it
benefits tourism and the citizens of Collier County, and that raising
the arts and culture up to the light benefits the representation of
Collier County. No one wants to live in a cultural wasteland.
But I know you all appreciate the value of arts and culture in our
community. The question is, why should the county continue to
support? My organization is on Marco Island. And in the last year,
two theaters and one arts organization folded. They are no more.
We picked up those pieces, and the support we received through the
TDC funding was, literally, essential for us to make that possible.
I know that the county faces many pressing financial issues.
You all have been laser focused on improving the lives of all of us in
Collier County through your insights, hard work, and determination.
Thank you.
It's obvious that you weigh all issues carefully and fairly. I
September 26, 2023
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respect that your decision concerning funding for non-county
museums and marketing will be prudent and will serve the
community's best interest. Thank you.
CHAIRMAN LoCASTRO: Thank you, ma'am.
MR. MILLER: Your next speaker is Kristina Heuser. She
will be followed on Zoom by Tricia Griffin.
MS. HEUSER: Good morning, Commissioners. I'm so happy
to have the opportunity to present this concern to you. It's just by
happenstance.
But I have a concern about TDC marketing. And this is
something that was actually brought to my attention by another local
elected official, but, you know, I'm not going to name them, because
I don't think they wanted to bring it to you directly.
So the TDC is actually targeting LGBTQ visitors and groups
and events. And I'm sorry that I didn't plan this, so I'm not able to
display this better, but this is their website. So it shows, like, a
same-sex couple sort of nuzzling up to one another. It says, we're
proud to welcome you to paradise. And then if you scroll down,
more like, intimate moments between same-sex couples. The Naples
Pride Center, which is a known supporter and promoter of dysphoria
in children. More Pride flags and things like that. And down here,
we even have same-sex couple with children.
And I don't think that's consistent with the values of our
community. And I know there are different opinions about that,
obviously, but it's certainly not something that tax dollars should be
going to support. And this was actually brought -- oh, and they also
actually have a staff member who's dedicated to marketing to this
type of group and event.
And this was brought to my attention when there was some
outrage about the Naples Pride Fest in Downtown Naples. And it
was said to me, you know, you guys are coming here attacking us for
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this, but the county's actually marketing to these types of events and
soliciting to bring them here, and I thought that was a very valid
point.
And I imagine most of you, if not all of you, are probably not
aware of this, but I would like it to be addressed. And I don't think
any marketing funds should be given until their marketing plan is
revised to eliminate this.
Thank you.
MR. MILLER: Your final registered speaker on Zoom is Tricia
Griffith.
Ms. Griffith, you're being asked to unmute yourself, if you'll do
so at this time. Ms. Griffith? Tricia Griffin [sic], I am prompting
you to unmute.
(No response.)
MR. MILLER: She's not unmuting, sir. So I guess that's all I
can do at this point.
CHAIRMAN LoCASTRO: Mr. Beirnes, anything you'd like to
address that you heard from any of the comments of any of the public
speakers?
MR. BEIRNES: I think the one thing that was represented is
that arts and culture is one of the many fibers of what this destination
is. We have some incredible rich restaurants, retailers, the beaches
are amazing. But it's just a piece of the fiber overarching.
CHAIRMAN LoCASTRO: Okay. Do I have any comments
from the commissioners?
Okay. Commissioner Hall.
COMMISSIONER HALL: Yes, I had -- I had asked this to be
pulled off the consent agenda in the other meeting, and I wanted it
brought forward for the history. And, thank you, Paul, for the
history. You did a great job with that.
I want to thank every speaker, because your message was
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heartfelt. It was sincere, and, you know, you're fighting hard.
You're fighting hard for these grants, but at the same time, they are
grants. They are gifts. They're public monies.
And so in staff yesterday I was wanting to ask what -- you
know, we -- I understand what the statutes are and what the TDC
monies are allowed to go to as far as the arts, as far as -- you know,
as far as non-county museums, as far as for marketing purposes. But
do we have some other options that are actually public assets that
these monies could go to as well?
MS. PATTERSON: Commissioners, yes. We have a robust
program for both our beaches and our beach park facilities.
Probably one of the most important uses of the TDC dollars is our
beach renourishment and beach maintenance programs as well as
supporting those beach park facilities.
COMMISSIONER HALL: Specifically, what could -- you
know, Barefoot Beach, Vanderbilt Beach, Clam Pass, Wiggins, blah,
blah, blah --
MS. PATTERSON: Yes, sir. So we not only maintain those
beaches, including all of the permit requirements, but we also
re-nourish those beaches and then, again, we maintain the beach park
facility. So that's the public amenities at those -- at those facilities.
We do have partners in the City of Naples that do get some
money from the TDC dollars as well to take care of their areas of the
beach under their responsibility as well as their beach park facilities,
and that's something we're actually actively exploring with them as
far as the use of those dollars in light of the age of a lot of these
facilities and the number of needs.
COMMISSIONER HALL: Thank you.
Mr. Rodriguez, do you want to add anything?
MR. RODRIGUEZ: For the record, Dan Rodriguez, your
Deputy County Manager as well.
September 26, 2023
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Absolutely. And as you know, with the -- Hurricane Ian, many
of these facilities that we have on those coastlines were damaged, and
some of those repair work did not completely get reimbursed by
FEMA. So there's plenty of work to be done.
And some of these facilities are 25 years old. Parking lots that
need to be resurfaced as well as boardwalks that need replaced. You
know, Caxambas is a major boat ramp facility. It needs a lot of
updating, as well as Clam Pass Park and, of course, Tigertail Beach
needs a new set of restrooms and things like that. So there's plenty
of work for staff to do, and with the budget constraints that we're
going to see in the future, every opportunity needs to be looked at.
COMMISSIONER HALL: I mean, you caught the shameless
plug for Wiggins, Barefoot, and Clam Pass.
COMMISSIONER McDANIEL: It was shameless.
COMMISSIONER HALL: It was shameless.
I love the arts. I've been to the children's museum three or four
times. I got the privilege of having a tour with Michael at the Arts
District. I've been to Artis-Naples. I've been to the playhouse.
And truly they're first class, they're world-class places.
But here's where I question some of the grant decisions
that -- maybe not in the past. Maybe just from now for the future
because we have post hurricane. We have public assets that need
public money support.
I loved the benefits that Michael explained what the arts bring.
I mean, he just -- it was eloquent how he just rattled off every benefit
that the arts produced, and that's so true. But at the same time, each
one of these -- each one of the arts businesses or nonprofits or each
entity, they already have the incentive to promote their business.
And I dare say that if we don't decide to do these grants, that
they would go -- that they would go bankrupt or they would go under.
I don't think that's true at all, not in the least. I do see where they
September 26, 2023
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can benefit from some of these -- from some of these grants.
But what I'm questioning is, is whether it should be a priority in
2023 and going into 2024 to take public monies and support private
businesses.
You know, where do we stop? The arts is a -- is an industry
here in Collier County. So is golf. There's over 70 golf courses.
We have the Chubb seniors golf tournament. We have the Shark
Shootout. We have the LPGA CME tournament, and all of those
promote tourism. We have the big Minto Pickleball championships
for the week. I mean, that promotes.
So, you know, where do we draw -- where do we draw the line?
Where do we say, well, we can give to one but we shouldn't give to
the other?
But mainly what my thoughts are -- and I'm not completely
opposed, but my thoughts are moving money towards public assets,
improving the public assets, especially after the hurricane, especially
after -- I mean, we still -- I went to the beach day before yesterday in
the morning. There's still no showers. I mean, there's no wash -- no
foot washes or anything. It's still real kind of raw down there.
Now, those were city beaches that I went to, but the county beaches
are the same way.
It was mentioned that Naples is a world-class destination with
the beaches and the restaurants and, you know, the support that we
have for tourism. I agree. If I was in the arts business, I would
definitely want to hang my shingle in Collier County, especially in
Naples.
But as far as -- you know, where I'm battling is there is no -- you
know, I've gotten emails saying please do not defund the arts. I'm
not defunding them. You can't defund something that you're
not -- that you're -- that you're not obligated to give to. These were
gifts. And if we don't decide to gift that money in that direction, I
September 26, 2023
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don't think anybody -- it would be fair for anybody to say, well, you
don't believe in us or you don't want us or, you know, you're anti this
or anti that. That's not true at all.
I have a responsibility to be a good steward over the public
monies that come our way, and these are public monies from the
tax -- from the tourism dollars. Well, you can say, well, Chris,
Commissioner, you know, that's what tourism dollars do; they
promote tourism. I agree. But we want to promote tourism -- do
we want to promote tourism in private business, or do we want to
promote tourism for -- in the public access?
Well, Commissioner, people come here for the beach, but after
they come here for the beach, then they come to see us. That's true.
But we want our beaches and we want -- we want our public access,
our public assets to be top-notch.
I'm not saying don't do it. I'm just -- these are questions that I
have. I'm having to -- I'm having trouble determining where the
public money is obligated to go to private business when we have our
own public assets to -- and the term has been, several times -- "invest
in."
CHAIRMAN LoCASTRO: Commissioner McDaniel.
COMMISSIONER McDANIEL: I agree. As a point, I'd like
to say out loud again that these are, in fact, grant monies, and just
because a particular applicant's been awarded a grant doesn't mean
that that grant is bequeathed until the budget is approved. And I
want all efforts put into making that very, very clear to the folks that
have applied for and then been approved for the grant to be -- let it be
known that the -- that the budget is the budget and that, ultimately, it
comes before this board for its approval. So saying it out loud is
absolutely a requisite.
Number two, at the Tourist Development Council, we triage
with consultants asking folks why they're coming here, so on and so
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forth. Maybe a little more effort can be put into sharing with this
board the priorities or the rationale of why folks are visiting Collier
County, and then on a percentage basis, the allocation of the grant
funds in relationship to the total amount of money that we're
spending for these bequeaths because, in fact, they are bequeaths, and
they're necessarily one-time bequeaths. It's not -- just because you
get it once doesn't mean that you're going to be able to be approved
for it again.
And I certainly look forward -- and I assume it will come
through the Tourist Development Council either this year or next, and
I think, Commissioner LoCastro, you'll be the one in the chair. I'm
the current chair of the TDC right now.
But that prioritization of how much and who's authorized to
receive the grants is, in fact, going to be correlated to efficacy. We
certainly want to see the expenditure of taxpayer money spent in the
most efficient manner that we possibly can do.
So I agree with Commissioner Hall with the necessity for our
public access and assets that the county currently has, but on the
same token, I know we have done other grants and then, for lack of a
better term, there's been a weaning process that has come about. We
supported the rodeo almost in its entirety with regard to that group,
and then over -- and then have backed off the contributions to assist
that organization, so -- and it's become a very successful event that
folks are now looking forward to because we helped -- we helped
with the seed money to get it going.
So I'm -- my personal opinion is these grants have been
established. They've been vetted. We've done as much as we
possibly can right now. There's more to come. I would suggest that
we leave this -- my particular preference is we leave this alone for
now and let it be known that there's more to come with regard to the
analysis that's going to go into next year's bequeaths.
September 26, 2023
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CHAIRMAN LoCASTRO: Yep. I'm going to speak next and
then, Commissioner Saunders, sir, you're on deck.
I look at these grants closer to investment than a gift, I
mean -- and there could be some semantics here. And I've gone on
record before saying, you know, if I wanted to think of the one true
gift that I think the county gave, it would be to Great Wolf Lodge,
and I've said that before, but that's here nor there. But the reality is
that I think this is more of an investment; however, it doesn't really
matter what you call it. It's money that's going to taxpayers.
I agree that the public locations and all the things we talked
about with our beaches should be a priority, but I think they are. So
to me, it's more of balance. It's not a matter of shut this down. And
nobody has said that. But everything that Mr. Rodriguez mentioned
has been getting a lot of funding and repair. Yes, everything's not
fully fixed. I got, you know, Caxambas Park and Marina that's
practically got a lock on it right now that has an awful lot of work
that's needed. But I think it's finding the balance.
I'd agree with Commissioner McDaniel. I came in
here -- unless I heard something different -- to agree to full funding
of what's been promised in this budget but with lots of caveats, and
the caveats would be -- and, Mr. Beirnes, you've said before -- and
one of the reasons why we brought you on, deep résumé, you really
hit the ground running, you've brought us so many positive leadership
things that you have brought to the TDC in your staff.
But I think, to use Commissioner McDaniel's term, you know,
leave it alone; however, really looking for your leadership to dig
through every single grant that's given, and are any of them
excessive? Are any of them unneeded? We heard one time in this
room that there's one or two organizations -- I'm not going to name
anything -- that say, you know, we'll take it if you give it, but we're
not going to go out of business, like Commissioner Hall said, if we
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didn't get it.
Okay. Well, let's have an adult conversation. Can you give
that money back to the county if it truly isn't going to implode your
organization? Because we can re-purpose it? So being able to go
down the line and line-item veto -- and not saying that we don't
support that event, but maybe they have weaned themselves off of,
you know, the grant money, I think, would be really responsible.
I'd like to see maximum -- I'd like to hear from you, you know,
as we go through the year, that you're getting maximum
documentation. We've given money to different entities, education
organizations and others, that in the end we stopped because the
documentation wasn't there. You know, the great speech was there
and the nice public comments, but then the documentation that was
promised as part of the multi-million-dollar grant that they got never
came.
So hearing from you -- and even showing us as commissioners
that the need is there. It's a necessity. They are working hard to
wean themselves off of this grant money, and that they're providing
proper documentation and justification. I think those go hand in
hand.
But as I look at what the ask is here, I think this might be the last
time that it's, as Commissioner McDaniel said, approved as-is;
however, the shot across the bow is we're not just here to write blank
checks, and whoever asks for money, they automatically get it; that
there's a much stronger filter system.
But I would approve this grant money as-is with the pledge from
you that all the things that we just mentioned would be aggressively
looked at, and we'd be having -- and we've said this in this room a
few days before -- we'd be having a totally different conversation 12
months from now, is my stance.
Commissioner Saunders.
September 26, 2023
Page 67
COMMISSIONER SAUNDERS: Thank you, Mr. Chairman.
I've got a couple questions and a couple comments as well.
I just wanted to kind of put this in perspective. And it sounds
like there's not going to be an issue in terms of these grants this year,
and I agree that every year these grants have to be evaluated. I'm
assuming that the TDC does a fairly thorough evaluation of the grants
and the benefits from those but, obviously, the Board of County
Commissioners makes the final decision.
So I'm looking forward to that analysis next year again, because
I think you went through that process this year, and then we can make
a determination as to whether or not we agree with whatever the TDC
comes up with.
But I want to kind of put this in a little bit of perspective. Can
you -- off the top of your head, do you know what the total TDC
funding is? The total amount of money that's generated by the
5-cent --
MR. BEIRNES: For five cents?
COMMISSIONER SAUNDERS: Yeah, just approximately.
MR. BEIRNES: Yeah. This last year we had tourist
development tax collections of 47.3, 47.4 million.
COMMISSIONER SAUNDERS: Forty-seven point three
million, okay.
And not that it's relevant because, obviously, we need to make
sure that every penny is spent properly but, again, just kind of putting
it in perspective, what is the total amount of these grants? I know
it's in our paperwork here, but what's the total amount?
MR. BEIRNES: This particular year that is being presented is
$750,000 for the Category C-2 and $100,000 for the marketing, so it's
$850,000 total.
COMMISSIONER SAUNDERS: All right. So that is a big
number, and a lot of benefits can be derived from that in terms of
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repairs and things of that -- storm damage. But it's really a very
small percentage of the total collection.
Then in terms of the collection as well, how much of that goes
into advertising?
MR. BEIRNES: Total advertising -- in fact, it was on the slide
right here, 33.75 percent -- sorry -- 33.5 percent goes to destination
promotion, marketing. This is basically our marketing budget. I
will knowledge, not that full amount goes to marketing because we
have acknowledged that we're working within the budget -- or the
guidance. In fact, this year, 12 million of that actually is set aside as
unallocated. So our expenditure, if I recall right, is around
$9 million.
COMMISSIONER SAUNDERS: Okay. And that's to
advertise private business.
MR. BEIRNES: Globally. That is to promote and market the
destination globally.
COMMISSIONER SAUNDERS: But that's to the benefit of
the hotels, restaurants.
MR. BEIRNES: Correct.
COMMISSIONER SAUNDERS: In the entire community, the
workforce and everybody.
MR. BEIRNES: Right.
COMMISSIONER SAUNDERS: So, obviously, these are very
important expenditures. And I trust that the TDC, the Tourist
Development Council, really will be vetting this coming forward. I
support the arts. I'm glad that Commissioner McDaniel and
Commissioner LoCastro have indicated their support this year, and I
agree with them that we have to evaluate that every year. So there
won't be a problem for this current year.
Thank you, Mr. Chairman.
CHAIRMAN LoCASTRO: Commissioner Kowal.
September 26, 2023
Page 69
COMMISSIONER KOWAL: Thank you, Chairman.
I supported, you know -- and we had brought this back. And I
think Commissioner Hall had raised the question at a previous
meeting -- to bring it back and kind of take a deeper dive into what
we were doing. And, you know, I was glad that we were going to
have this conversation today, and, you know, I -- I wanted to hear
from the people in the environment that, you know, support these
programs, run these programs, you know, and how important the
money is to them.
And I came away with some more questions than I did answers,
you know, just sitting here today listening to some of these things.
And I'm just going to over them, because I think these are the things I
think we need to look at as we're moving forward, and especially next
year when this comes back around.
You know, I had -- in my mind I'm questioning, you know,
some of these things that exist. I don't know if there was, like, a
magic algorithm or something -- I know -- I don't think it exists -- to
figure out one from the other, if it's true tourism coming here for
certain events or certain facilities, or is this just facilities that support
our seasonal residents that are used to these type of facilities where
they come from when they are up there in the summer where they
live in their New York Cities and their Bostons and Chicagos, and
they have performing arts studios and plays they can go to and things
like that, or are these -- did these actually grow organically from
them being our seasonal residents that came here and while they're
here in the winter when they can't survive in the subzero temperatures
or, you know, the heavy snow drifts, and they can still enjoy those
things they enjoy in the cultural areas they live in or grew their
wealth in.
And, you know, I don't know how we figure out one from the
other. Or are these rainy-day events, like when people were really
September 26, 2023
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drawed here because of the weather and the beaches and it's -- the
weather's not good, and they go to the children's museum because,
listen, I got a car full of kids, I'm in a hotel, that's somewhere where
we can go, you know, or is it -- are they actually coming here because
of that? And I think that's the hardest thing we're going to have to
look at moving forward.
So I understand. I wanted it to be more clear today, but I
actually have more questions. And I think, with my other
colleagues, I'm going to support us today moving forward, but I
really think we need to take a hard dive and really figure out some
way to figure that algorithm out. Is this truly drawing people here,
or are we just supporting lifestyles that people are used to? And
that's the only reason it's here because we have a lot of people that
live in those jurisdictions up north that are accustomed to these type
of things, and it just kind of organically grew from that, not
necessarily they're a draw from people that have never experienced it
from other parts of the world. So, yeah, I think that's something we
really need to dive into.
But, like I said, today I'm going to support us moving forward,
but I really think that's -- it's an eye-opener for me, really, so thank
you.
CHAIRMAN LoCASTRO: Yeah. And, you know, something
I'll add to that, and then Commissioner Hall's lit up, and I see
Commissioner Saunders over here doing math, and he probably
wants to give us some of those fractions. Come on. We all want to
take advantage of that. He's doing algorithms over here.
Everybody we heard from today, I truly believe, is obviously
sincere. This is a passion. It's not a job. And whether they're
public or private or what have you, I think they all share the same,
you know, common thread.
But, Paul, I would just tell you, as you go forward, and I
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think -- and I think because -- you know, I think we all really admire
the experience and leadership that you've brought to the position,
really getting in front of all these folks that get this investment money
and making sure they're aware that if they truly don't need it or they
can self-wean themselves off of it, it allows us to take that money and
maybe help somebody else get started up.
I mean, I'm thinking of the gallery out there or the event, or what
have you, that has never gotten any money, and maybe because they
didn't qualify or -- but now they're getting their act together.
So it's also about responsibly moving the money around. We
did that in here for a thousand hours, you know, just last week. It's
not as easy as just writing blank checks to the people that always get
it.
And I think the group of art professionals that we heard from, I
do think you-all understand that. So remember, you know, without
sounding corny, your fellow brothers and sisters that maybe want to
come to Collier County and do something with the arts and get things
going -- and, you know, Paul, you only have so much money to go
around, so being able to spread that wealth a little bit, sometimes
you've got to have somebody raise their hand and be responsible and
say, you know, we could always use it, but we don't need it. And
knowing that, the money just isn't going to then get shredded, it's
going to go to somebody else who shares that same passion as they
do, and we could more robustly use the money or, as Commissioner
Hall said, we always have needs on public things and making sure we
can slide, you know, that investment around I think's going to be key.
So I know we're going to have a much different discussion, you
know, next time you're at the podium talking about, you know, this
budget for, you know, 12 months from now.
Commissioner Hall.
COMMISSIONER HALL: So just to sum it up, I'm not
September 26, 2023
Page 72
questioning who the grants go to, not in the least. I'm questioning
the grants themselves going to private or nonprofits.
And so, you know, the term "invest," whenever -- if I invest my
money, I expect a return on my money. So if the public invests in
the public's money, they expect a return on it.
And, you know, if I was fighting for the position, I would
definitely say this money is an investment into our industry. I would
say the same thing, but they get the return. The taxpayers don't.
So I think it's been said well that you're going to have support
for this this year, but going forward, I would really challenge each
one of you in this industry to look at your balance sheets, look at your
income expense statements, and figure out a way you can do this
without public money next year.
And with that, I'll make a move to approve the --
COMMISSIONER SAUNDERS: Second.
CHAIRMAN LoCASTRO: I was going to ask --
COMMISSIONER McDANIEL: Third.
CHAIRMAN LoCASTRO: I was going to ask, actually,
Commissioner McDaniel to make the motion because he sits on the
TDC and maybe just, you know, for semantics or --
COMMISSIONER McDANIEL: It doesn't matter.
COMMISSIONER HALL: I'll withdraw the motion.
CHAIRMAN LoCASTRO: Commissioner McDaniel, make
the --
COMMISSIONER McDANIEL: Let it rip.
CHAIRMAN LoCASTRO: You do a lot of work for us on the
inside here, and so --
COMMISSIONER McDANIEL: I'll make a motion for
approval.
CHAIRMAN LoCASTRO: Okay. I've got a motion from
Commissioner McDaniel to approve. I've got a motion from
September 26, 2023
Page 73
Commissioner Hall as a second.
COMMISSIONER SAUNDERS: Second.
CHAIRMAN LoCASTRO: All in favor?
COMMISSIONER HALL: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN LoCASTRO: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER KOWAL: Aye.
CHAIRMAN LoCASTRO: Opposed?
(No response.)
CHAIRMAN LoCASTRO: It passes unanimously.
Thank you. We will now take a break and come back at 11:15.
(A brief recess was had from 11:00 a.m. to 11:15 a.m.)
MS. PATTERSON: Chair, you have a live mic.
CHAIRMAN LoCASTRO: Okay. Let's see. Are we moving
to 11C?
Item #11C
AWARD FROM THE HOUSING AND URBAN DEVELOPMENT
(HUD) COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG-CV) FUNDING PROGRAM THROUGH THE FLORIDA
DEPARTMENT OF COMMERCE IN THE AMOUNT OF $981,067
FOR THE CONSTRUCTION AND EXPANSION OF THE
COLLIER SENIOR CENTER GOLDEN GATE FACILITY,
AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED
AGREEMENT AND AUTHORIZE THE NECESSARY BUDGET
AMENDMENTS. (HOUSING GRANT FUND 1835) (ALL
DISTRICTS) - MOTION TO APPROVE WITH DELTA UPDATES
IN THE FUTURE BY COMMISSIONER SAUNDERS;
SECONDED BY COMMISSIONER LOCASTRO – APPROVED
September 26, 2023
Page 74
MS. PATTERSON: Yes, sir. We are moving to 11C,
formerly Item 16D2. This is a recommendation to accept an award
from the Housing and Urban Development Community Development
Block Grant Funding program through the Florida Department of
Commerce in the amount of $981,067 for the construction and
expansion of the Collier Senior Center Golden Gate facility,
authorize the Chairman to sign the attached agreement, and authorize
the necessary budget amendments. This item is brought to the
agenda -- to the regular agenda by Commissioner Saunders' request,
and Ms. Tanya Williams is here to present or answer questions.
CHAIRMAN LoCASTRO: Commissioner Saunders, did you
want to make a statement, sir?
COMMISSIONER SAUNDERS: Yes, I would. And part of
the reason for bringing this up is I wanted the -- our two newest
commissioners -- I don't want to say "new commissioners," because
you were new commissioners for the first three or four meetings.
You're now --
CHAIRMAN LoCASTRO: Commissioners.
COMMISSIONER SAUNDERS: -- well abused --
COMMISSIONER HALL: Newest.
COMMISSIONER SAUNDERS: Yeah. You're just abused
commissioners now, like the rest of us.
This is a -- one of the things that I really focused on when I first
got elected was trying to improve the whole Golden Gate City, that
four-square-mile area, and this is just another piece of that puzzle.
It's a good-news story.
I remember going back to -- I don't know when Steve Carnell
left the county, but I was working with him for a year or two on this
project. There's been a tremendous amount of philanthropy
collected for this project. This is another grant fund. And it looks
September 26, 2023
Page 75
like this is a project now that is ready to really go underway.
And I wanted the Board to get a little bit of the history here
because, again, it's a good-news story for the whole Golden Gate City
area. That's an area that, quite frankly, had been ignored by the
Commission for decades. And this commission has really taken up
the mantle to improve that area, and this is just part of it.
So if you could just let the Board know what this project is, I'm
sure there'll be no objections to it.
MS. WILLIAMS: Thank you, Commissioner.
For the record, Tanya Williams, Public Services department
head.
Commissioner Saunders is correct; we actually started talking
about this project back in 2019. It actually came out of the budget
hearings in 2019 and directed staff to move forward with a feasibility
study.
Prior to 2019, the Collier Senior Center was leasing, and they
still are leasing the old Golden Gate library. When the new Golden
Gate library was opened, we still had the old building, and we
worked with Collier Senior Services, and they have been leasing that
building for their program since 2014. So we've had -- we, the
library, we, the county, have had a long-standing relationship with
Collier Senior Center.
So this project, specifically, is about hardening and expanding
the existing footprint of the old library. Just for point of reference,
you have the new library and then the old library, which is a little
over 7,000 square feet, that the Collier Senior Center is currently
operating out of.
And as Commissioner Saunders said, and as we have before
you, requesting your acceptance of the award, this is an additional
grant opportunity. It's the CDBG-CV grant in the amount of a little
over $900,000. This is a project that is being paid for through
September 26, 2023
Page 76
multiple grants. And as Commissioner Saunders noted, we are
getting ready to -- and we will be bringing this back to you either the
second meeting this October or the first meeting in November. We
will be bringing back to you the contract award for design services.
So we are at a point where we are ready to get started on this project.
And in regards to the funding sources -- which it did not put my
update in here. Oh, I apologize for that.
CHAIRMAN LoCASTRO: No. There was something in
there.
MS. WILLIAMS: Oh, go back.
CHAIRMAN LoCASTRO: There was a spreadsheet.
MS. WILLIAMS: Let me put it on the -- let me switch over to
this.
CHAIRMAN LoCASTRO: There you go. Go one more
previous slide. There it is.
MS. WILLIAMS: This is a breakdown of the estimate for the
cost of the building. The one that I wanted to talk about first -- I
apologize. It didn't get to the update this morning.
Troy, if you'll switch over to the --
So how do we get to the funding that we have available for this?
As I said, it's multiple pots of money. We were awarded a state
appropriation last year, which we have been able to carry forward
into this year, for $250,000, which has started the design -- the
conceptual designs.
We were originally also awarded a CDBG mitigation hardening
grant for two million, eight hundred nineteen -- $2,819,107; the
CDBG-CV grant that you are approving today is $981,057 [sic]; and
then a prior CDBG-CV that is a million dollars. And the library has
half a million dollars set aside in our 301 Capital Fund. That was
part of the matching for the state appropriation, and it affords us a
few extra dollars as well.
September 26, 2023
Page 77
So currently, as it stands, we do have a little over $5.5 million
allocated for this project.
Troy, we can go back to that prior slide now.
And this is the most recent cost estimate breakdown for the
project, and you will notice that, as it stands, we are still looking at a
delta of almost 1.3 million, but we really won't know the full scope of
that delta or any possibilities of a delta until we actually get the
design initiated.
COMMISSIONER SAUNDERS: Can I ask a quick question
on that?
MS. WILLIAMS: Uh-huh.
COMMISSIONER SAUNDERS: I do know that there's been a
fundraising effort by the board of directors and the members of that
association, and I don't see that number in here at all.
MS. WILLIAMS: That's not reflected in this. This is strictly
just from our -- the county perspective.
COMMISSIONER SAUNDERS: Okay. Because I suspect
that they've probably raised at least that much, so that would be the
first place to --
MS. WILLIAMS: Absolutely.
COMMISSIONER SAUNDERS: -- look.
So, Mr. Chairman, that's -- I just wanted the Board to know how
this was funded and how important this project is, and I'd like to
make a motion to approve the grant, if there are no questions.
CHAIRMAN LoCASTRO: I second that motion.
I would just ask you -- it sounded like what I heard was that that
delta you believe is being made up.
COMMISSIONER SAUNDERS: Yeah. I just noticed that
there's no indication here as to money that's been collected over the
last several years. They have their annual meeting on
November 7th, and the reason I know that, that's my birthday as well,
September 26, 2023
Page 78
so I wind up going to their meetings -- this will be the third year in a
row that I've spent my birthday at their fundraising events. But
they've been very successful in raising money.
So let's check and see where they are with that and let them
know that this grant's being approved today and that we're ready to
move forward.
MS. WILLIAMS: And I'll be happy to bring that information
back when we bring the design contract.
CHAIRMAN LoCASTRO: Did you just sneak in your
birthdate into the record? You just snuck your birthdate into the
record?
COMMISSIONER SAUNDERS: Yeah. The day, not the
year.
CHAIRMAN LoCASTRO: Okay. So we've got a motion by
Commissioner Saunders, a second by Commissioner LoCastro. All
in favor?
COMMISSIONER HALL: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN LoCASTRO: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER KOWAL: Aye.
CHAIRMAN LoCASTRO: Opposed?
(No response.)
CHAIRMAN LoCASTRO: Okay. It passes unanimously.
And we had no commissioners lit up for questions, so...
MS. WILLIAMS: Thank you.
Item#11D
DIRECT STAFF TO ADVERTISE AND BRING BACK FOR A
PUBLIC HEARING, AN ORDINANCE AMENDING THE LAND
September 26, 2023
Page 79
DEVELOPMENT CODE, TO ESTABLISH RULES OF DECORUM
FOR NEIGHBORHOOD INFORMATION MEETINGS (ALL
DISTRICTS) - PRESENTED; W/DIRECTION TO STAFF TO
BRING BACK AT A FUTURE BCC MEETING
MS. PATTERSON: Commissioners, Item 11D, formerly Item
16A1, is a recommendation to direct staff to advertise and bring back
for a public hearing an ordinance amending the Land Development
Code to re-establish rules of -- to establish rules of decorum for
neighborhood information meetings. This item is brought to the
regular agenda by Commissioner McDaniel and Commissioner
LoCastro's separate requests. And Mr. Mike Bosi, your director of
Planning and Zoning, is here to answer questions and/or make a
presentation.
CHAIRMAN LoCASTRO: Let's hear your presentation, Mike,
if you've got one.
MR. BOSI: Good morning. Mike Bosi, Planning and Zoning
director.
No, I haven't prepared an official presentation. This was a
direction that the Board provided to county staff, after an unfortunate
event at a neighborhood information meeting roughly about a year
ago, bringing back some rules related to decorum and expected
decorum and how a neighborhood information meeting was provided.
We've had a proposal -- prior to the Planning Commission, we
were suggesting -- staff was suggesting potentially to allow for the
first of the neighborhood information meetings to be held virtually
only -- the Planning Commission felt that there was value within
in-person meetings, so we've pulled that back, as directed -- or as
recommended by the Planning Commission. So the first meeting
that we're proposing has to be in person. We do allow an option for
the virtual participation.
September 26, 2023
Page 80
And I know we've had some conversation, Commissioner,
towards where you were looking to not make that optional, the
Zoom -- or the video opportunities, but to actually mandate that that
be a provision within that first neighborhood information meeting to
also require that they have a virtual participation option.
CHAIRMAN LoCASTRO: I don't know how the other
commissioners feel, but I just feel like it's 2023, and I think by them
having the option -- by an applicant having the option and not
choosing to use it, it leaves a loophole to the citizens that maybe,
then, don't get the vote they want to then say, well, we had 100
people that would have all Zoomed in, but they were all seasonal and
they couldn't do it, or they had the option to utilize Zoom, but they
chose not to use it to artificially have a smaller, less effective NIM.
And so that's just me.
I think the option was -- or making it a mandatory type of thing,
that it's in person and Zoom, I think, improves the process, but
that's -- and we had sort of talked about that a bit here, but that's
why -- I probably pulled this for the same reason that Commissioner
McDaniel did, is because I personally wanted to have a discussion
about it and see how we were going to go forward because I just
think that this -- that the verbiage here does require blowing a little
dust off.
Things have changed a bit. We had some NIMs that didn't go
great and -- but they weren't illegal, immoral, or unethical, you know.
By the direction in writing here, they -- you know, they counted, but I
don't think any of us were proud of them. I remember that being a
statement that we said a couple times when we had an issue.
But, you know, having said that, you know, Commissioner
McDaniel, I'll defer to you. Do you have some comments?
COMMISSIONER McDANIEL: Yeah. I don't see any reason
why it isn't a requisite. I would be in favor of that if, in fact, it can
September 26, 2023
Page 81
be done.
It's not -- I was a little disappointed that there wasn't a
two-meeting requisite, two NIM meeting requisite, one of which
being virtual, and those can be controlled. You don't allow people to
get nasty or do anything offensive on those. They have an
opportunity to write their comments in. It gives record of those folks
that have a position one way or the other and an opportunity, then, for
the applicant to address those thought processes.
So what -- you're going like this (indicating), so I'll --
MR. BOSI: No, I was just -- Commissioner, I was just waiting
for you -- waiting for you to finish the statement. I was going to
address the thought process behind that of not requiring two
neighborhood information meetings, one in-person and one virtual.
The majority of neighborhood information meetings go off
without a hitch. And so what I think Commissioner LoCastro was
suggesting is have the in-person requirement and also have the virtual
requirement.
We do have a provision that if a NIM is to be postponed because
of unruly behavior from the attending public, that a second meeting
can -- will be required, and that second meeting can either be in
person, in person with Zoom option, or Zoom option only, a virtual
meeting. So the first meeting -- so the results of the first meeting
couldn't be repeated in the second meeting.
CHAIRMAN LoCASTRO: And your summary of my proposal
was correct, that there would be one NIM and it would have both,
and then maybe there would be a subset verbiage in here saying if
that NIM with both in-person and Zoom for some reason didn't fulfill
the requirement, it was, you know, a disaster or whatnot, then we
could direct, I guess, or whatever -- I mean, what we're saying in
here, correct me if I'm wrong, is we're tasking the staff here to take
our inputs that we have now and then come back here with the right
September 26, 2023
Page 82
kind of verbiage.
Me, personally, I think one NIM. Like you said, most go off
without a hitch. It would be an improvement if it was in-person and
Zoom together, but then I'd love to see the verbiage, which would
maybe be a little subset of that and say, if, in the unlikely
event -- even with in-person and Zoom, the NIM had the possibility
of not counting or not being successful, that there was sort of a
secondary option in the unlikely event. That was just my thought
talking out loud.
MR. BOSI: And if we -- if you look at -- on the screen, the last
sentence says, if the petitioner determines the NIM cannot be
completed due to disorderly conduct of the members of the public,
the petitioner shall have the right to adjourn the NIM and be required
to conduct another duly advertised NIM either in person or via
communications, media technology, or both at the discretion --
CHAIRMAN LoCASTRO: Should it just be the petitioner,
though? What happens if there was a NIM, say, in Commissioner
Kowal's district, my district, anybody, and the petitioner thought it
was fine. Yeah, it was a little bit of an unruly crowd, but they want
to get credit for it but we feel like we've talked to our constituents, we
got some feedback from the county staff, and we feel different. You
know, the word petitioner's in here a lot, but it seems like that ties our
hands a little bit, or maybe it doesn't. Maybe we always have the
authority to say I don't care what the petitioner said. We got enough
feedback that the NIM shouldn't count.
But, you know, I'm sure that the County Attorney -- I mean, I
defer to the County Attorney. I want to have something in writing
that isn't too -- that isn't vague at all.
Commissioner McDaniel, sir, you're lit up, and then
Commissioner Hall.
COMMISSIONER McDANIEL: I am. I think we cover all of
September 26, 2023
Page 83
what we're looking to ultimately do just by requiring virtual
capacities -- virtual attendance to be there. It's that simple.
MR. BOSI: Yeah.
COMMISSIONER McDANIEL: And then that flows into the
second NIM in the event that the first one's determined to be
unsuccessful, and we just -- we just do that.
Again, this is 2023. And certainly the technology's availed to
be able to do that. You provide for additional recordation within the
Zoom. That's a portion of the Zoom process. Zoom, Teams, I don't
care, Blue Jeans, whatever media, you know, external source is there,
virtual source is availed. I don't really -- I'm not saying that it needs
to be Zoom, per se. It can be -- any kind of virtual attendance should
be -- should be a requirement of our neighborhood information
meeting process.
CHAIRMAN LoCASTRO: But the requirement here is to take
all of our input right now, not decide anything, but for you to take it
as a homework assignment and then come back with something in
writing that you think encapsulates everything that we talked about,
right?
MR. BOSI: Yeah. I mean, we -- the direction that I'm hearing
from -- that's suggested from Commissioner McDaniel and yourself
is to require to have a virtual media component to your first NIM, and
then if it's disrupted because of disorderly conduct, then allow for
that petitioner to have that second NIM, and he can -- and they can
choose to have it in person or they could have it virtual only because
of the circumstances of the first.
CHAIRMAN LoCASTRO: Okay. I'll have something --
COMMISSIONER McDANIEL: If it is in person -- excuse me.
CHAIRMAN LoCASTRO: No, go ahead.
COMMISSIONER McDANIEL: If it is in person, if the second
meeting is in person, that there is a virtual component every single
September 26, 2023
Page 84
time there's a NIM.
MR. BOSI: Yes.
CHAIRMAN LoCASTRO: I just will add clarification, and
maybe Commissioner Hall and Commissioner Kowal are going to
piggyback on this as well, or they have even a better comment that
would add to it.
But I'll say again, I don't -- unless I'm misinterpreting the
wordage here, I don't like that just -- this implies that the petitioner
can decide if the NIM was successful or not. I think a petitioner can
say, it was a 15-minute NIM, everybody was screaming and yelling,
boom, mission accomplished, check, and we've had a few of those
before.
I'd like to see more latitude in here. And if it's in here, then
maybe it just needs to be highlighted with a little bit more clear
words. But I think we have the latitude to be able to say I don't care
what the petitioner said. I got enough feedback from County staff
and from citizens that I -- and a couple times I think we've done that.
So that would be just another piece of input.
But let me hear from my colleagues here. Commissioner Hall,
sir.
COMMISSIONER HALL: I just have a question. If the
meeting -- is there any accountability to the public if you disrupt the
meeting, that you could be, you know, fiscally responsible for the
next one, or is it just -- you know, in 2023 where we've seen
buildings burnt down and all kinds of protests and no, really,
accountability, I would hate to see us set a precedent that if you just,
as a public, don't agree with something, you can go disrupt a meeting
and go do it again with no accountability. I don't know. I just -- I
would like -- I would not like that -- to see a strategy adopted by the
public.
MR. BOSI: What I could tell you, it places -- the meeting that
September 26, 2023
Page 85
was disrupted and canceled, there was law enforcement, there was
numbers of law enforcement at that meeting. They did not interject
or interact with the -- with the unruly persons of the meeting simply
because of First Amendment speech rights. They didn't want
to -- they didn't want to take away their rights to free speech.
So because of that, I'm not sure how much -- and I would have
to turn to the County Attorney's Office -- how much from a liability
standpoint or an obligat- -- a fiscal penalty would be associated with
it. And I have to tell you, that was one meeting, and since then we
haven't had anything close in that regards, but it was an outlier
without a doubt.
COMMISSIONER HALL: I understand. That's the exception
and not the rule. I just -- I just wanted to bring it up.
CHAIRMAN LoCASTRO: Commissioner Kowal.
COMMISSIONER KOWAL: Thank you, Chairman.
I'm on the lines with Commissioner LoCastro and
Commissioner McDaniel and, you know, in the -- even in the very
first NIM meeting, having a component of the Zoom being part of it,
but the only thing I ask is -- or a question I have about that is, how do
we determine that it's not going to get abused by, let's say, a special
interest group or something that aren't true neighbors? Because the
neighborhood information meeting is truly for the neighbors that are
going to be directly affected by something that may happen in the
future, you know.
So how do we control or how do we know that, you know,
somebody don't get on the Zoom and overwhelm it with people that
really don't live in that neighborhood and, you know, they take over
the meeting? I mean, I'm just -- I like the fact that people don't -- are
not there all year round and they have the option to use the Zoom
because they are a true neighbor and fall within the parameter of what
the meeting's meant for. But how do we -- I mean, is there a way
September 26, 2023
Page 86
to --
CHAIRMAN LoCASTRO: Register?
COMMISSIONER KOWAL: -- register or determine that? I
mean, is that something we can look into also, you know, just to
make sure it's not abused, you know?
MR. BOSI: Well, we could -- I mean, we can go back and look
at it, but I know registration has a chilling effect at times. Some
people don't like to leave their -- don't want to leave their name and
number or their home address.
CHAIRMAN LoCASTRO: How do we do it in here? How
does Mr. Miller do it? Like, if somebody called -- somebody -- you
said, oh, I have somebody on Zoom, and they're from Sheboygan,
Wisconsin, and they have nothing to do with Collier County, but they
just want to rant and rave for three minutes, I think, you -- they give
you their name, they give you their specifics, correct?
MR. MILLER: We ask for addresses and so forth on the
speaker slips. Not a lot of them fill out their addresses. Some do,
but not all do. When you register for Zoom, it's a complete name,
address, email, phone number, and all of that's required.
CHAIRMAN LoCASTRO: It's just a thought. I mean, if
somebody's sitting here in the audience, like you said, you
could -- we could always mandate that and say you filled out an
incomplete slip. And I think Commissioner Kowal's got a great
point; if somebody wanted to overwhelm the Zoom -- you know,
we're trying to take out the loopholes in this but -- and also, at the
same time, tighten it.
Commissioner McDaniel -- I'm sorry. Commissioner Kowal,
were you finished, sir?
COMMISSIONER KOWAL: That's -- yeah, I just wanted to
put that out there.
CHAIRMAN LoCASTRO: Commissioner McDaniel.
September 26, 2023
Page 87
COMMISSIONER McDANIEL: I mean, that's a good point,
but on the same token, somebody that's in Sheboygan where?
CHAIRMAN LoCASTRO: Wisconsin.
COMMISSIONER McDANIEL: Wisconsin. Michigan. Isn't
Cheboygan in Michigan? That's what I thought.
CHAIRMAN LoCASTRO: Yeah, thank you.
COMMISSIONER McDANIEL: But they have a right to speak
as well. And I think it's up to us to go through the folks that are
providing information and, as you like to say, separate the facts
from --
CHAIRMAN LoCASTRO: Rumors from fact.
COMMISSIONER McDANIEL: Rumors from fact. So I
think we just add the component/requirement that a virtual aspect is
added to the NIM, we cover the basis, whether it's one NIM, two
NIMs, or five.
CHAIRMAN LoCASTRO: Okay. I don't have anybody else
lit up. Do you feel like you have -- do you have any questions,
Mr. Bosi?
MR. BOSI: I do have a question -- or a comment to make.
We have -- all the NIMs that we've conducted in the time that I've
been here, I haven't been made aware of one where we felt that a
NIM was dominated by a special interest group. So the one thing I
would say is, it has not become a -- or it hasn't been a problem in the
past. Not saying that it can't be a problem in the past [sic].
One of the improvements that -- to address Commissioner
LoCastro's point, could be that, you know -- and the sentence says, if
the petitioner determines a NIM can't be completed due to disorderly
conduct of the members of the public, we could put "the
petition/staff" to make it a collaboration. And if that's the case, staff
could raise a point -- if we felt there was a special interest group that
was dominating a NIM, we could raise that point to the applicant as
September 26, 2023
Page 88
an objection and then circulate amongst the administration and say
what's the decision we should make within that type of a unique
circumstance as well.
CHAIRMAN LoCASTRO: I think that change would give us
the latitude to be able to address that and have -- and by having it in
writing, we have the backup to be able to do it and not have the
applicant think we're picking on them. But, hey, by right, if the
staff -- and also, too, if it was something that came to the
commissioners or I had a question that constituents were raising that
they thought the NIM was not valuable, the first thing I would do is
go to staff, and then if we compared notes and staff agreed, wow, that
sounds really bad, then, like you said, I think just the word "staff" in
there is more all-encompassing, and it gives us the latitude to be able
to say, you know, across the board as staff, we don't think that the
NIM should have counted.
Like you said, these are going to be few and far between, but I
think it's important -- I'm sure we all do -- that the verbiage be correct
so in those few and far between ones, we're covered.
Commissioner McDaniel, sir. You're lit up.
COMMISSIONER McDANIEL: Yeah. The thought -- I just
wanted to put out there, again, you know, we can't catch everything,
and the ultimate goal here is, is to give the opportunity for the public
to speak. And just because it's called a neighborhood information
meeting doesn't mean that I'm not negatively impacted because I
live -- where? Sheboygan -- because I live somewhere else and
drive by a particular use request, and it has a negative impact on my
three-foot circle.
So, I mean, just because we call them neighborhood information
meetings doesn't mean that a particular zoning change or a use
request change isn't going to impact a larger group.
You know, if you'll recall, when I first became the
September 26, 2023
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commissioner, Golden Gate Estates only had a 500-foot notice
process for a use change, and in Golden Gate Estates, sometimes
that's one neighbor. And so we expanded that, I think, to a half a
mile, and that certainly wasn't enough, and then we actually went to a
mile ring.
So a use change has an impact -- a use change request has an
impact on a much larger group, and by notifying more people, we
actually enjoin more of the public to become participatory.
So I think, with that virtual component being added in, we've got
the capacity to keep the outliers at a low roar, and you can
always -- you know, Troy shuts them off all the time. All you've got
to do is hit the "pause" button on them, and they're no longer allowed
to play.
CHAIRMAN LoCASTRO: So do you think you have enough
direction from us to come back with something in writing that would
fulfill all those requirements of what we discussed here?
MR. BOSI: Yes, Chair.
CHAIRMAN LoCASTRO: Okay. I don't see anybody else lit
up, so I don't think it's a vote or anything. It's just open discussion.
So thank you.
County Manager.
Item #11E
AN AGREEMENT FOR SALE AND PURCHASE WITH 1)
GAREY D. HIGDON; 2) MATTHEW VANCLEAVE; 3) PEDRO
JUAN PEREZ CASTRO; 4) RICHARD D. BREWER; AND 5)
JOHN EDWIN ENGLISH, AS TRUSTEE OF THE JOHN EDWIN
ENGLISH TRUST (ENGLISH TRUST), UNDER THE
CONSERVATION COLLIER LAND ACQUISITION PROGRAM,
AT A COST NOT TO EXCEED $977,220. (DISTRICT 5) -
September 26, 2023
Page 90
MOTION TO APPROVE W/PURCHASES OF CONSERVATION
COLLIER LANDS BE SET/PLACED ON THE REGULAR
AGENDA IN THE FUTURE BCC MEETING BY
COMMISSIONER MCDANIEL; SECONDED BY
COMMISSIONER LOCASTRO – APPROVED: MOTION TO
WORK W/ACQUISITIONS COMMITTEE FOR THE
STREAMLINE PURCHASES OF AVAILABLE PROPERTIES
AND BRING BACK A PLAN AT A FUTURE BCC MEETING BY
COMMISSIONER SAUNDERS; SECONDED BY
COMMISSIONER MCDANIEL – APPROVED
MS. PATTERSON: Commissioners, that brings us to
Item 11E, which is formerly 16A7. This is a recommendation to
approve an agreement for sale and purchase with, 1, Garey D.
Higdon; 2, Matthew Van Cleave; 3, Pedro Juan Perez Castro; 4,
Richard D. Brewer; and, 5, John Edwin English, as Trustee of the
John Edwin English Trust, under the Conservation Collier Land
Acquisition Program at a cost not to exceed $977,220.
This item is brought to the regular agenda by Commissioner
McDaniel's request, and Ms. Jaime Cook, your director of
Development Review, is here to present.
MS. COOK: Good morning, Commissioners.
There are five properties before you today for your
consideration for the purchase agreements. One of the properties,
the Higdon property, was part of the Cycle 10 Active Acquisition
List, which was approved by the Board in January of 2022; two
properties were part of the Cycle 11A Active Acquisition List, which
was approved in December of 2022; and the final two were part of
the 11B list, which was approved by you on February 28th of 2023.
The first property which was part of the Cycle 10 list is part of
the Winchester Head Preserve. We discussed this one -- Winchester
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Head briefly at the last Board meeting. But Winchester Head is
primarily for floodplain storage and has been deemed by the Big
Cypress Basin to be critical for floodplain storage and modeling
efforts for the canals out in the Golden Gate Estates area.
Approximately 65 percent of the Winchester Head area has been
acquired by Conservation Collier and, in addition to the floodplain
storage, it also does provide habitat for listed species, including
wading birds and the Florida panther.
The Higdon property itself, you can see, is in bright yellow. It
is 1.59 acres and consists primarily of freshwater wetlands and is
100 percent depressional soils, which means it is capable of retaining
that water for floodplain compensation and storage.
The purchase price is approximately 90 -- is 90 percent of the
appraised value of the property.
The second preserve is part of -- the second parcel, sorry, is part
of the Rivers Road Preserve. We haven't discussed this one recently
before all of you, but the Rivers Road Preserve is located off of
Rivers Road off of Immokalee Road east of Collier Boulevard. It is
approximately 97 acres in size and does provide habitat for panther,
black bear, and a variety of other listed wading bird species. It
contributes to a wildlife corridor both to the north to the CREW lands
as well as private preservation lands both to the east and south, as you
can see in the hatched white areas of the map on the left on your
screen.
The property in question for this acquisition is 0.5 acres and
does contain mostly exotic vegetation at this time; however, it is
anticipated that it could be restored to a native cabbage palm
hammock habitat.
The purchase price of $52,500 was the -- 100 percent of the
appraised value of the property.
The third property for your consideration is part of the Gore
September 26, 2023
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Preserve. We also discussed this one at the last meeting, and the
Gore Preserve contributes to wildlife corridors that connect other
private and public conservation lands, including the Conservation
Collier North Belle Meade Preserve, the Rural Fringe Mixed-Use
District sending lands, which does consist of privately owned
preserves, the RLSA lands, the federally owned Florida Panther
National Wildlife Refuge, and Picayune Strand State Forest to the
south.
The Perez Castro property is part of the Gore Preserve area. It
is 1.17 acres and consists of forested/shrub wetlands.
The purchase of $27,600 is 95 percent of the appraised value.
And then the last two properties for your conversation today are
not part of any other existing preserves; however, they are adjacent to
existing preserves.
The first being the Brewer property, which is four parcels, and
it's a little under 15 acres of forested/shrub wetlands. This provides
habitat for listed species, including wading birds and the Florida
panther, but it is also unique in that it is annually used by
Swallow-tailed Kite as part of their pre -- it's a pre-migratory roost
habitat for them before they migrate south each year. This is
adjacent to existing CREW lands directly to their west, which you
can see highlighted in green.
And the purchase price of $405,900 is 90 percent of the
appraisal, but the CREW Land & Water Trust has committed to
donating 75 -- donating $7,500 towards the purchase price of this
property.
And then the English Trust property is 59 acres. It's highlighted
in red on this map, and it is adjacent to the Pepper Ranch Preserve
out in Immokalee. It consists of mixed scrub-shrub habitats as well
as wetland hardwoods. It provides habitat for listed birds, Florida
panther, black bear, and it also can help provide water-quality
September 26, 2023
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enhancements for Lake Trafford by filtering out sediment or other
pollutants before the water reaches the lake.
Again, with this purchase price, the CREW Land & Water Trust
has committed to paying $5,000 of that $463,500 towards the
purchase price.
CHAIRMAN LoCASTRO: What was that purchase price in
relation to the appraisal?
MS. COOK: It was 90 percent of the appraised value of the
property.
So on this screen, you can see the total acreage, appraised value
and purchase prices, as well as the maintenance costs. So with these
five parcels, that would add 77.05 acres to the Conservation Collier
lands. The appraised values was well over a million, but the
purchase prices would be $977,220, taking into account the donations
from CREW.
With that, staff is recommending that you approve the purchase
agreements and acquire the properties as part of the Conservation
Collier Land Acquisition Program at a cost not to exceed $977,220.
And with that, I will take any questions.
CHAIRMAN LoCASTRO: I'm going to make some opening
comments. I don't see anybody lit up here.
First, I would say, our initiative of strongly suggesting that the
appraisal price not just the default amount is working. I mean, every
little bit helps. So you see the difference in the appraisal over the
course of the year. That could buy us a couple more properties.
The other thing I would just say, especially on the heels of our
last budget, there is a misconception out there by some who sent us
hundreds of emails before, during, and after the budget discussion
that they believe the Conservation Collier Program -- some, not all,
some -- keeps giant apartment buildings from being built; that
Conservation Collier's going down U.S. 41 and Collier Boulevard,
September 26, 2023
Page 94
and when they see a big wooded area that's actually owned by David
Torres and it's already zoned for residential and it's going to be a
bunch of houses, that some actually believe that if we made
Conservation Collier smaller -- but this is a great visual of the usual
type of properties. Not all.
You know, we were in here just, what, a couple months ago, and
there was a piece of property on Marco. We didn't buy it. But, you
know, there wasn't going to be a 500-unit apartment complex on that
piece of property. It was just possibly just going to be a house if
somebody buys it. But the lands that are bought by Conservation
Collier, more often than not, are exactly what we see here, lands that
have native plants that are cross streets for -- of panthers or, you
know, there's a bird population there or whatnot.
And so I know in my replies to a lot of citizens that -- and
actually -- I'm just looking here. I actually got an apology back from
one lady who was very, very, very specific and then said, you know, I
appreciate understanding the program better. And maybe we still
agree to disagree, but I think this visual is a perfect example that, you
know, when some citizens just say, you know, fund Conservation
Collier to the max because we're turning into Miami, that's -- you
know, that begs a little bit of debate.
And so I appreciate the visuals. I'm glad to see that we're not
paying full -- full price for these.
Obviously, Commissioner McDaniel pulled this off of the
consent agenda, I would expect, to talk about it, and he's lit up. So,
sir, the floor is yours.
COMMISSIONER McDANIEL: Yes, thank you, Chair.
First of all, yes, I am the one that pulled it. And I have a
suggestion that, for the foreseeable future, that all of the Conservation
Collier acquisitions be topline; don't be jammed into the consent
agenda. I think it's worthy of public discussion for us to have all of
September 26, 2023
Page 95
these purchases topline, when I say -- above Item 16 on the consent.
The rationale for pulling it was, one, to have that discussion.
Number two, to have a visual because we all have asked many times
about where these parcels are and how they fit into the puzzle of the
target protection zones that are established of the critical lands that
are to be set aside via Conservation Collier.
So I -- the description that was in the item when I reviewed it
was individually for each one of the pieces. And, granted, they were
all in different areas, but I wanted to have that presentation so
that -- so that the public had an opportunity to review that
information as well.
And the third is -- my third comment is -- and I didn't even
realize it until we got this presentation. I serve on the CREW Land
Trust Executive Committee and board of trustees that are making
contributions over here to these acquisitions. Am I -- am I conflicted
out?
MR. KLATZKOW: Do you have a personal interest in this
transaction?
COMMISSIONER McDANIEL: No, sir.
MR. KLATZKOW: Then no.
COMMISSIONER McDANIEL: Okay. I didn't think so, but
I -- I just -- so with that, I'll make a motion for approval.
CHAIRMAN LoCASTRO: Okay. We have a public
comment.
MR. KLATZKOW: We have one registered speaker, Brad
Cornell.
MR. CORNELL: Good morning, Commissioners, Mr. Chair.
Thank you for the opportunity to address you on this.
I'm Brad Cornell here on behalf of Audubon Western
Everglades and Audubon Florida and its Corkscrew Swamp
Sanctuary.
September 26, 2023
Page 96
I want to make two points. One is that these five properties, as
you all have discussed, are really ecologically -- you know, highly
ranked ecologically important properties. So I appreciate the
motion. Audubon supports that motion to purchase these.
They're all adjacent to existing preserves, and that's one of the
criteria that are used to evaluate what's the value. We don't want to,
if we can avoid it, having isolated parcels. We want them part of
large preserves and the ecology of that. So these do.
And I want to flag, particularly, that Brewer parcel with the
Swallow-tailed Kite roost, the migratory roost, which is just super
important in terms of the biology of -- this is a threatened species,
and, you know, we need to do -- we can play a role and will play a
role in purchasing that and assuring its protection forever.
And Dick Brewer did a wonderful job of, you know, personally
buying these for that purpose. So I applaud Dick. And he's now
passing the baton to Conservation Collier, so thank you for grabbing
that.
The second thing I want to point out is that applications like
these come to Conservation Collier mostly as a result of target
protection area mailing strategies that are annually discussed and
recommended to you-all, and then you adopt them; you approve them
each year for the next cycle.
So you heard Jaime Cook reference Cycle 10 and 11. The
current year's cycle is Cycle 12, and that target protection area
mailing has not occurred yet. It's been ready since February, and it's
overdue. You-all have not had a chance to have that on your agenda.
So Audubon strongly recommends that you get that on your
agenda as soon as possible and approve that so that we can -- so that
Conservation Collier can send out mailings to -- what it does is it
sends solicitations, a letter specific to property owners in the areas
that we want to buy land, like these five parcels. And without that
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Page 97
mailing, you don't get as many applications. People just don't know
that the application process is open for Cycle 12.
So if I can urge you strongly to get that on your agenda and
approve that as soon as possible.
Thank you very much.
CHAIRMAN LoCASTRO: I know Commissioner McDaniel
made a motion to approve, and one of the things that I assume is part
of your motion -- and I definitely agree, and maybe my colleagues
will chime in here as well -- is that purchase of Conservation Collier
lands not be on the consent agenda so we always talk about it, always
have a visual, always give some guidance, realize what we're doing,
and it's not invisible to the public. I would second that motion.
But I've got -- Commissioner Saunders just lit up. Sir.
COMMISSIONER SAUNDERS: Just a couple --
CHAIRMAN LoCASTRO: Oh, you were, too? Okay.
COMMISSIONER McDANIEL: Go ahead and do him, then
I'll go.
CHAIRMAN LoCASTRO: Go ahead, sir.
COMMISSIONER SAUNDERS: Just a couple questions.
What properties -- or how much property is kind of in the pipeline, if
you will, in terms of where the committee's looking at? I know
there's some fairly large parcels that have least been under
consideration. So do you have any idea of the magnitude of what's
being looked at?
MS. COOK: We have, I believe, four or five properties
scheduled for the 10/10 BCC meeting. The three owners on Marco
are scheduled -- are tentatively scheduled for the October 24th BCC
meeting. And then, at that point, that's pretty much everything that's
been in the pipeline unless we move forward with Cycle 12. We
have received some applications for Cycle 12 already but would like
to bring those forward.
September 26, 2023
Page 98
COMMISSIONER SAUNDERS: In terms of Cycle 12, do you
have any idea of, again, the magnitude of what we're talking about at
this point, potentially, in Cycle 12?
MS. COOK: I believe right now we're looking probably at
about 10 people that -- 10 parcels that have applied, but that would
not include the target protection mailing area.
COMMISSIONER SAUNDERS: All right. And I know we
have an ordinance coming up that will deal with movement of
those -- some of those funds from Conservation Collier to other uses,
and I think the County Attorney is working on that. But we need to
find some ways to streamline the whole Conservation Collier
acquisition process. And I'd like to see if there's support from the
Board to kind of direct staff to start looking at how can we make this
process better because it is very cumbersome. I think it was just
noted that there's some advertising -- some mailings that were
scheduled to go out in February. Maybe they still will go out in
February. It will just be a different year, and that's -- you know,
those types of delays. We have to find a way to make this process
better.
And I know -- Mr. French, I don't know if you have any
comments as well in terms of how to do this. But either one of you,
do you have some ideas?
MS. COOK: I would say that, as you-all know, this program
came over to Growth Management/Community Development in May.
So I believe that we would welcome the opportunities for those
discussions, both with the Board as well as the manager's office, on
how to improve the program or speed up the process, if that is your
wishes.
COMMISSIONER SAUNDERS: Well, Mr. Chairman, after
this motion is voted on, I'd like to make a motion to direct our staff to
work with the acquisition committee, with the County Attorney, and
September 26, 2023
Page 99
let's fix this program. Because one of the things we've run into is
that there was a tremendous amount of money in this program that
wasn't being spent, and you see what happens. If you don't spend
your allocation, sometimes it disappears.
So I want to make sure that we have an effective program, one
that is much more rapid in terms of getting projects evaluated and to
us for acquisition.
MR. FRENCH: Thank you, Commissioner Saunders. For the
record, Jamie French, your deputy head for Growth Management.
Commissioners, we totally agree with you. We believe that
there are enhancements to the program, and with the Board's support,
we'd like to initiate those. I've only had brief conversation with
Mr. Cornell, but reaching out to our environmental partners and those
nongovernment agencies that exist that support these conservation
efforts.
We believe that more visibility needs to be brought to the
program. We think that there are enhancements that may -- much
like everything else that needs to be improved over time, we believe
it's time.
And as Ms. Cook said, we've had this for four months. We
look forward to the opportunity.
I need to be careful for what I ask for, because I asked for this,
and Jaime was volun-told that she's going to be helping us. So we
appreciate the opportunity, but we think it's the right thing for the
community. And we do think that it will be a better tool for you as a
Board to work with the -- with your community constituents, so that
you know what's in the pipeline, you know where we are.
I know there was some discussion with regards to we collect so
much money, but we only spend so much. And it may -- it may be
staff's fault, quite honestly, that we should have done a better job at
providing you with a visibility on what is in the pipeline.
September 26, 2023
Page 100
And perhaps as we bring these properties forward, I don't think
it harms or it hurts the transaction in saying, well, how much do you
want for it? And bring that to the Board. Or perhaps even doing
that assessment early on so we know for preplanning in the future
how those monies are going to interact, as well as the maintenance
piece; how much maintenance is actually -- because, much like
construction or development, restoration is -- it's expensive as well.
And so we recognize -- it depends on the way that land lies, the
topography, the way it holds water, the natural sloughs, the habitat.
We understand that some of those maintenance obligations may be
greater on some properties than others.
But, again, we believe that the Board needs full visibility on
that, not that it hasn't received visibility. We just think, as always at
Growth Management and under our County Manager leadership,
we're going to make it better and make it improved for you.
CHAIRMAN LoCASTRO: I thought I recalled at the budget
meeting, when we asked, you know, what was in the pipeline -- and
not future, like, what could be coming to us, but things that we've
already touched -- if we bought all of it right now, what would it go
for? And I remember hearing the number approximately 8 million,
which I think was a number that was much smaller than I would have
expected.
Yes, there might be something in the pipeline that possibly
could come to us that's 30 million or something like that, but I
remember at the budget meeting that number being thrown around.
And not that we have to confirm it now, but everything you just said,
Mr. French, I think, is what we're looking for, more visibility. You
know, what are we touching right now that we're about to finalize and
what's it look like? What's sort of that next layer so that we have
much more of a sense of urgency of either making command
decisions on purchase or not.
September 26, 2023
Page 101
You know, every property might not get purchased. It doesn't
meet the criteria. It's not a Priority A list, you know, type property.
So -- but for us to have consideration to just say yes, no, yes, no,
yes, no or approved all of them, that's what we're looking for at a
much more rapid pace.
MR. FRENCH: Yes, sir. And, look, Commissioners, we
failed to talk about even what you did in August where you
authorized us to go into a negotiation on a property in Immokalee, the
Williams Farm property, which we are in negotiations, and that is a
giant acquisition with a great environmental benefit that we have not
had the opportunity to take that to your conservation board yet -- or
to your advisory committee yet. But these are -- there are a lot of
moving parts to this, clearly.
We're new to it. Not an excuse. But that one's less than a
month old, and we're still in negotiation. But, again, these types of
considerations, we need to do a better job at bringing that forward to
both our budget office partners as well as this board.
CHAIRMAN LoCASTRO: Okay. A lot of people lit up here.
Commissioner McDaniel, followed by Commissioner Hall.
COMMISSIONER McDANIEL: Yes, two things. I'd like to
ask the question -- because I wasn't aware that we were sitting on a
mailing for Cycle 12. For a piece of property to get to a cycle
approval, it's been vetted, it's been looked at, it's been approved by
our staff environmental consultants, so on and so forth?
MS. COOK: Correct. And the Cycle 12 properties that we are
anticipating to bring forward have recently gone to the CCLAC, so
they are being scheduled for your consideration in October.
COMMISSIONER McDANIEL: But the mailing for
solicitations that Mr. Cornell spoke of that were -- had been -- sat
upon since February, why are they -- why are we not mailing?
MS. COOK: From what I understand -- and I don't know if
September 26, 2023
Page 102
Amy or Dan could speak to this -- that had been put on hold prior to
the transition over to Growth Management.
MS. PATTERSON: Yes, sir. So we've had a lot of
conversations since January about this program, the future of this
program, how much we had backlogged into the pipeline, and the
appropriate times to be soliciting for new properties, so we've been
working our way through that in preparation for what's gone on
through the summer with the Board workshops and the final
resolution of the budget so that the Board can make a decision on
whether they want to make -- they want to send additional mailings
out.
With the number of conversations that we had and the quantity
of perceived backlog, there were multiple conversations about not
making that worse or setting expectations that we would be able to
acquire property that there potentially could be less available funding
for.
I think now we have -- we know the picture, and we can bring
that forward and get the Board's perspective and also discuss the
frequency at which we want to be dealing with these cycles as well as
these mailings.
COMMISSIONER McDANIEL: Okay. And in that light, I
don't want this to be revenue driven. I want this to be
environmentally driven, environmentally centric driven with regard
to the environmental sensitivity of the properties. And if it's fully
explained with the solicitation that goes out for acquisition in these
Target Protection Areas, these are areas that we, the Board, have
deemed to be environmentally sensitive and important.
It would, to me, make sense for -- not administratively to sit on a
solicitation as long as it's fully explained that it has to go through the
process, it has to be appraised, it ultimately has to be approved by
this board, and this board isn't going to approve an acquisition unless
September 26, 2023
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the revenues are there, in fact, to go forward with it.
Creating a backlog isn't -- or a need isn't really a bad thing other
than -- other than -- and that may allow us, in the future, to better
direct available funding.
MS. PATTERSON: Sir, if I may, I think the picture of this has
become clearer as we've had these conversations. But, remember,
when we started these conversations, we had people coming to us
saying, you promised to buy this. So that's a messaging thing on our
side that I think, as we have had --
COMMISSIONER McDANIEL: Right.
MS. PATTERSON: -- layering conversations, we're way more
prepared to do exactly as you're explaining, but also by not setting an
expectation that a mailing equals an automatic buy.
COMMISSIONER McDANIEL: Yeah. Well -- and that's
the -- that's an improper expectation that was put out some time ago
that needs to be corrected. And I think with the revisions that
Commissioner Saunders has suggested, that we can be better in our
messaging to let the folks know, you happen to own land in a
designated target protection zone, and should you meet these
criterium, ultimately, with the Board's approval, the opportunity for
the disposition of that asset is afforded to you. But not, here we are
in September after a February mailing has been generated, and
someone -- someone internally has chose to sit on that.
My second point, and it travels right along with that, there's a
serious misnomer amongst the community that there are certain lands
that cannot be developed, and that really isn't correct. Property
rights rein. When you own a piece of property that's got property
rights on it, you have those rights. They're bequeathed to you.
Now, the costs associated with the mitigation necessary to build
a home in the middle of a cypress dome may be cost prohibitive, but
those rights rein. You have those rights. And that's an important
September 26, 2023
Page 104
fact for people to know and understand. There's a misnomer that
we're buying land that can't be developed anyway. That's not
correct. You can already see in that Winchester Head map that was
up there earlier --
CHAIRMAN LoCASTRO: Structures.
COMMISSIONER McDANIEL: -- there's homes. There's
homes in that -- in that area. I'm encapsuling that right here.
But -- so that's the second point that I wanted to make is the
misnomer of undevelopable anyway is just, in fact that, a misnomer.
It's just as a matter of cost with regard to the mitigation and getting
through the permitting through the other agencies.
CHAIRMAN LoCASTRO: Absolutely.
Commissioner Hall, and then Commissioner Saunders, and
Commissioner Kowal after that.
COMMISSIONER HALL: I love the discussion. And I'd love
to see the program get off of dead center. And I've probably been
the one guilty up here of saying "undevelopable land," not meaning
legally. I'm meaning likely wise. So I want to clarify that. I'll own
that. I said it. But that's what I was meaning.
As far as -- you know, has anybody seconded Commissioner
Saunders' motion?
COMMISSIONER McDANIEL: That was McDaniel's motion.
COMMISSIONER HALL: Okay. So in that -- on that second
motion, in streamlining this process, maybe the applicants can
have -- can come up with their own appraisals. Maybe we can
exclude comps that Conservation Collier has already provided in
those other sales so that we're not creating our own market, so that
the actual market is reflective of those appraisals.
Maybe some maintenance concessions, depending on the price
that we negotiate with those people; maybe they can take the
maintenance -- initial cost in the maintenance for the next five years.
September 26, 2023
Page 105
You know, we're taking these properties off of the tax rolls, so those
could be some concessions, if they're willing to do that to get moved
up. Paying the closing cost is a small ask, but it takes that off of the
taxpayers, maybe, to get -- you know, to get these things moved
forward. These are just some ideas. Throwing it forward just to
consider.
CHAIRMAN LoCASTRO: Okay. I mean, we do have a
motion on the floor from Commissioner McDaniel, and I had
seconded it, but then we got a bunch of commissioners that have lit
up.
So Commissioner Saunders, sir, the floor is yours, and then
Commissioner Kowal.
COMMISSIONER SAUNDERS: Yeah. We're sort of mixing
in the going-forward issue dealing with mixing the ordinance. Are
we permitted and have we been purchasing environmental easements
as opposed to fee simple?
MS. COOK: I believe they've all been done in fee simple.
COMMISSIONER SAUNDERS: Okay. The reason I asked
that question -- I knew what the answer was, but we should be
purchasing, wherever possible, environmental easements. So, for
example, if some of the farmlands that might be lands that could
be -- that have some environmental benefit, there's no reason why we
wouldn't purchase environmental easements so that we take the
development rights away from the property; the property owner can
continue to farm it. So I think we need to be more creative in terms
of how we meet some of these environmental goals.
You know, the property owner may want to retain a piece of
property just for hunting and recreation but may be willing to sell
whatever development rights they have. So we may be able to
accomplish a lot of these environmental benefits by buying
environmental easements, buying the development rights, and having
September 26, 2023
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environmental easements on property at a much lower cost than fee
simple. So that's part of what I would like to see as we develop this
new or different approach.
COMMISSIONER McDANIEL: I like it.
MS. COOK: Speaking to both your point and Commissioner
Hall's point, we've had some of these similar discussions. For
example, the "What do you want for your property?" as part of the
initial application. So I think at our next meeting, as we come
forward with some more of these and the TPMA mailings and the
Cycle 12 Active Acquisition List, we can present some of those ideas
to you.
CHAIRMAN LoCASTRO: Great. Okay. I mean, just to
clarify, too, the motion's just to buy these properties, but a lot of good
improvements that are being fed to you-all as you continue bringing
these properties to us in the future.
Commissioner Kowal.
COMMISSIONER KOWAL: Thank you, Chair.
Yeah, I'm just going to go back to Commissioner Saunders
about the mailing and getting to that. I mean, I look at it, just from
my little bit of research I did leading in today, and with staff's help,
you know, I saw that particular property, the River [sic] Road
property, and it's very distinct that there's a hole in that doughnut.
And I hate to bring it back up, doughnuts, with the Dunkin' Donuts
thing, but there's a definite hole in the doughnut.
And, you know, maybe with the mailing, we'd be more strategic
and more laser focused on particular properties because this
is -- River Road is already open to the public. It's being used.
There's walking trails. There's stuff like that already on this
particular preserve.
And you have this big hole in the doughnut there. So I think,
you know, let's be more proficient and more laser focused on, you
September 26, 2023
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know, putting our efforts towards let's close some of these holes in
these doughnuts, you know, because then we have something we can
actually look at and say -- and the people can look at and say, look,
that's all preserve. This is great. You know, it's usable. We're
using it, you know, things like that, instead of just a shotgun effect
and hoping people participate.
But, you know, I think that might be -- in the future, start
looking at a more and more and more laser-focused mailing to certain
properties to, you know, really let them know the importance of
closing these holes in these doughnuts, so...
And Commissioner Saunders said something there that -- maybe
I can get some more insight on this buying the rights to development.
COMMISSIONER McDANIEL: That's a great thing.
COMMISSIONER KOWAL: And does that also -- it doesn't
alleviate the person -- if he wants to buy whatever, 100 acres in some
area that he wants to hunt on and leave it in some, you know,
environmentally protected type condition, but he still owns it and he
still pays taxes on it, but we basically lock that for the rest of its life
cycle to remain some site. Is that what you --
COMMISSIONER SAUNDERS: That's exactly correct, and
that's what the state is doing in a significant amount is purchasing
those development rights and are recording an environmental
easement. Those easements are fully enforceable. And so that's
just another tool to accomplish the same result, which is to keep land
in preserve but at a much less cost. Now, I don't know what kind of
taxes you would generate after you get an environmental easement on
a piece of property because there's really not much value left in it.
COMMISSIONER KOWAL: Well, we wouldn't own it.
COMMISSIONER SAUNDERS: We would not own it, no.
COMMISSIONER KOWAL: The person would still own it,
and he still has some obligation.
September 26, 2023
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COMMISSIONER SAUNDERS: Yes, and we could -- and
those types of easements, the county -- you know, if it's required that
the county, to require that easement, has to maintain some of the
exotics and that sort of thing, that's all part of a negotiation with the
property owner. But it's generally a lot less costly than fee simple,
and that's just another -- just another tool that we should be using.
CHAIRMAN LoCASTRO: Yeah. I mean, how great it would
be to have a valuable property out there and buy the -- buy the
building rights at a much less cost and even have the owner to agree
to maintain it, so we don't even have the maintenance cost, how many
more properties we could buy or how much better we could utilize
the Conservation Collier budget. And I bet you, too, we could blow
through these properties in much -- with much more sense of
urgency.
Commissioner McDaniel, sir.
COMMISSIONER McDANIEL: And it almost typifies what's
going on in the Rural Lands Stewardship Overlay. Voluntarily,
property owners are setting aside the more environmentally sensitive
lands and transferring those development rights, with incentives, to
less environmentally sensitive lands. And we learned that
agriculture and agricultural uses do coincide with the environment.
The animals use those environments as well, farming, cattle, hunting,
so on and so forth.
So those -- and that answer of buying those easements in lieu of
fee simple is a great tool for the toolbox.
CHAIRMAN LoCASTRO: Okay. So I have a motion to -- by
Commissioner McDaniel to approve the five purchase agreements
and acquire these properties as part of the Conservation Collier Land
Acquisition Program at a cost not to exceed $977,220. I have a
second by Commissioner LoCastro. All in favor?
COMMISSIONER HALL: Aye.
September 26, 2023
Page 109
COMMISSIONER McDANIEL: Aye.
CHAIRMAN LoCASTRO: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER KOWAL: Aye.
CHAIRMAN LoCASTRO: Opposed?
(No response.)
CHAIRMAN LoCASTRO: It passes unanimously.
COMMISSIONER SAUNDERS: Mr. Chairman, I'll go ahead
and make that -- just a motion so that we're official in terms of
directing staff to evaluate the existing program, come back with
improvements to the ordinance, work with the committee, work with
the Commission, with some -- with some emphasis on -- or at least an
addition of the authority to negotiate easements instead of just simply
fee simple acquisition.
COMMISSIONER McDANIEL: I think all -- second.
CHAIRMAN LoCASTRO: Okay. I've got a motion by
Commissioner Saunders and a second by Commissioner McDaniel to
aggressively pursue those improvements and bring us back a plan.
All in favor?
COMMISSIONER HALL: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN LoCASTRO: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER KOWAL: Aye.
CHAIRMAN LoCASTRO: Opposed?
(No response.)
CHAIRMAN LoCASTRO: It passes unanimously.
MS. COOK: Thank you.
MR. FRENCH: Thank you.
CHAIRMAN LoCASTRO: Okay. County Manager, next?
MS. PATTERSON: Item 15 is staff and commission general
September 26, 2023
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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
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.
MR. MILLER: We have no one, sir.
Item #15B
STAFF PROJECT UPDATES
MS. PATTERSON: Item 15B, staff project updates. While
we don't have any officially on the list, we can invite Jaime Cook up
to give you an update on your favorite topic, rock crushing.
CHAIRMAN LoCASTRO: Well, she got some good --
COMMISSIONER McDANIEL: Really?
CHAIRMAN LoCASTRO: We gave her some homework
assignments, and she pursued the homework assignments. So I
asked her to give us an update.
MS. COOK: I try to deliver.
Again, Jaime Cook, your director of Development Review.
I spoke with the property owner on -- last Friday. Both he and
the contractor believe that the crushing will -- the crushing activities
will be done next Friday, on October 6th.
September 26, 2023
Page 111
They will still need to leave -- so they will remove the crusher
from the site at that point. They will still need to leave at least one
of the densifiers on-site to help crush up the metal, the rebar, and
some of the other construction debris so that they can put it into the
dumpsters before they haul it offsite if they don't crush it before.
That leaves a lot of open space in that dumpster that then becomes
unusable.
They have actually started spreading some of the material that's
on-site. And they -- again, they did have a Water Management
District permit through State for the Environmental Resource Permit.
So they are still having to comply with some of the requirements of
that permit, one of which being the berms around the preserve, which
is interior to the property and behind the Firano development.
The Water Management District has required them to raise the
berms around that preserve. So they have been authorized by the
district to use some of this fill material that they've crushed to raise
those berms. So they will still be doing some minor site work,
finishing up the lakes and doing those berms after next Friday, but
the crushing is expected to be done by next Friday.
CHAIRMAN LoCASTRO: My only concern with the
berms -- and it would just be more of our observation -- is if it's a lot
of crushed material, during heavy wind or whatnot, it becomes
powder that blows around. I mean -- and that happens with any
berm, berms we put on the beach.
The problem is, where I think they're talking about the berms,
you've got the Boys and Girls Club sort of right over there. It's not
just Firano. So I guess we'll monitor that closely. I know you guys
are out there regularly. I go by there quite a bit, and I've seen the
improvement. But if it was something where the berms were going
to fulfill one requirement but it was going to create another problem,
which was dust and sediment to the houses and Boys and Girls Club,
September 26, 2023
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you know, we want to monitor that closely because they're not going
to be able to wet it down 24 hours a day, the way you do when you
don't want to see a lot of dust. These would be berms that would be,
basically, permanent, but using crushed rock to do it.
So what are your thoughts on that, Jaime?
MS. COOK: Correct, and they will also have to be sodded as
part of that permit.
CHAIRMAN LoCASTRO: Okay. Oh, there you go.
MS. COOK: So there will be controls for it.
CHAIRMAN LoCASTRO: But sod growing in crushed rock's
probably -- but it's going to be a combination, I'm sure. We'll
just -- we'll monitor that closely, you know. You and I and others
have been out there visually. If we see something that we don't see
like or if I hear from, you know, citizens, I'm sure, you know, we'll
speak.
But, unless the commissioners have any objection, I think we're
headed in a positive direction. Let's make sure that -- I understand
what you said in my office yesterday is the crusher would be gone,
and that's a big piece of equipment, so seeing that gone -- the other
pieces of equipment are obvious, because they're removing the rebar,
but weaning them off of those pieces of equipment, making --
MS. COOK: Correct.
CHAIRMAN LoCASTRO: -- sure it's clear to them that
October 6th, we see a big muscle movement. But then, you know,
setting some sort of timeline or dates, even that you just set with the
contractor that make sense. I don't think you need to run in here
every time and say, you know, one more piece of equipment. Is it
the 10th? Is it the 11th? You know what the expectation is, to
slowly get all of that equipment gone.
And I've already said to the citizens there, when the last piece of
equipment is gone, you're still going to see a truck. You're still
September 26, 2023
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going to see exotics being removed. There's still work to be done on
any piece of property, but the big moving parts, the big muscle
movements by the 6th and soon thereafter, should be slowly
disappearing.
And then once they start -- and you said they already
have -- start to spread that crushed rock, that lot starts to look more
aesthetically, you know, acceptable, I guess.
So keep us posted, and, you know, I'm sure you and I will talk.
I don't see any of the commissioners lit up. That was just basically
an update. Thank you.
County Manager, any other updates?
Item #15C
STAFF AND COMMISION GENERAL COMMUNICATIONS
MS. PATTERSON: Yep. So we're to Item 15C, staff and
Commission general communications. Just a reminder, we do have
our upcoming workshop next Tuesday. This is regarding insourcing,
outsourcing ring, contracting, consulting, CEI. These are the topics
that we've been pretty regularly talking about here, the things that we
hire out for, the things we do in-house. Each group is a little bit
different, so we'll be prepared to discuss that with you.
COMMISSIONER SAUNDERS: Mr. Chairman, if I may.
CHAIRMAN LoCASTRO: Yes, sir, go ahead.
COMMISSIONER SAUNDERS: On that, the Productivity
Committee would like to make a report on some of their activities
that will mesh very well with that discussion. At the end of the
meeting, let me give you one of the committee member's names and
phone number. She's putting together a little report, and I think your
involvement with her would be very helpful.
September 26, 2023
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MS. PATTERSON: Okay. Absolutely. No problem.
One other item, I received some communication from the David
Lawrence Center regarding their upcoming participation with AHCA
for the LIPP program because of their status as a central receiving
facility. So, statutorily, they need us to fill out a questionnaire and
sign a nonbinding letter of agreement, and this is relative to money
going up to the State to be leveraged, then, for federal dollars back.
Unfortunately, that has to be done by September 30th.
So we have conferred with AHCA. This is a nonbinding letter,
and they don't need your action on it now. I can fill the forms out
and sign, and then we're planning on being back to you the first
meeting in October. We can ratify that because we're going to need
to have a conversation about the funding that goes along with this. I
just wanted to advise the Board of that process.
Otherwise, if we haven't submitted those on behalf of the county
to David Lawrence, they will not be eligible to participate.
CHAIRMAN LoCASTRO: Commissioner Saunders.
COMMISSIONER SAUNDERS: My understanding from that
program is that if there's a commitment of dollars from Collier
County to David Lawrence Center, the question is, is that a -- not to
use the best of words -- is that a gift to David Lawrence Center, or do
we get those dollars back? Because typically we would get those
dollars back.
MS. PATTERSON: They're used to leverage dollars coming
back to David Lawrence. So the way this is being -- and this is what
we're going to be coming back to you in October to discuss. We
don't want to close the door by not filling out these questionnaires
and agreements but, also, we don't want to be bound by our
understanding of the situation as it stands as well as how this plays
into both the funding for the current facility as well as moving
forward with the larger.
September 26, 2023
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COMMISSIONER SAUNDERS: Do you have any idea how
much money is going to be involved in that transfer?
MS. PATTERSON: Five hundred sixty-eight thousand dollars
for this one, but there's a -- obviously, that number grows as the
facility gets larger and as we move towards the construction of the
central receiving facility.
COMMISSIONER SAUNDERS: Just one last question:
What is the markup when it comes back from Washington? What's
the magic increase?
MS. PATTERSON: They had indicated to us -- and we'll be
verifying these numbers -- that the money comes back will be about
double that or maybe a little bit better.
COMMISSIONER SAUNDERS: Thank you.
MS. PATTERSON: Mr. Rodriguez does have an update on
beach parking as well.
MR. RODRIGUEZ: Good afternoon, Commissioners. Dan
Rodriguez, your Deputy County Manager.
We've actually had some successful meetings with the city, as
we mentioned to you during our one-on-ones. And they did go to
their council members through a workshop.
And they've agreed, tentatively, to extend the beach permit
process for the next year and keep the rate at the $1.5 million.
They did ask for the county's support in taking some operational
costs and capital improvements for beach access to the TDC as well
as spending this next year to really look at the expenses associated
with the beach access and also participation rates for the city and the
county, so that, coming to you in the future with future extensions,
probably a more sound method for allocating taxpayer funds.
And there were some -- if you get a chance, there were some
very positive comments from the council members there who spoke,
that the city residents are county residents.
September 26, 2023
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And kudos to Jay Boodheshwar, the city manager there, in that
he was very collaborative. They had their key positions, but at the
end, we all worked as a team. So it speaks volumes to the
coordination.
And I believe also that the work done by the county government,
your county manager, as well as emergency services during that
trying time of Hurricane Ian helped to kind of bridge relationships
there, letting them know that we are there to support the city when we
need to, and they're there to support us and our residents on these
very important issues.
And, additionally, unless there's any objections, the County
Manager's going to administratively approve the extension, and we'll
bring that back to you on the 10th for official improvement.
MS. PATTERSON: That's all we have.
County Attorney?
MR. KLATZKOW: Nothing, thank you.
MS. PATTERSON: Commissioners.
CHAIRMAN LoCASTRO: Okay. I'll start at the opposite end
this time. Commissioner Hall, sir, final comments?
COMMISSIONER HALL: Yes. I'd like to -- you know, we
talked about -- the other night about bringing a third party in to take a
deep dive into the county operations. I don't know procedurally
what has to happen, if I need to make a motion and have that done.
I've had some conversation with the Productivity Committee to see if
they would be willing to help participate in locating some -- three or
four different companies as options with, you know, what their plans
are, what their costs are, what their time frames are, et cetera, et
cetera.
And since we just have a chance here to talk together, I didn't
know -- I didn't know what needed to be done to move forward.
COMMISSIONER SAUNDERS: Can I make a comment in
September 26, 2023
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reference to the Productivity Committee?
CHAIRMAN LoCASTRO: Yes, sir.
COMMISSIONER SAUNDERS: That's really not in their
wheelhouse. I mean, they're volunteers that are really doing a great
job in terms of looking at different aspects of the budget. Just as an
example, right now they're looking at our outsourcing of engineering.
They made a great number of recommendations on how to improve
some of the park and recreation operations.
But to ask them to start digging into finding consultants, I think
that -- I think, really, just our staff would be much better at that
because these folks are pretty busy to begin with.
COMMISSIONER HALL: Okay. I mean, I'm listening but,
you know the old adage, you never ask an insurance salesman if you
need insurance. I've got some sources coming in with some work
using a process that would be providing that information to the
Productivity Committee. That was the conversation that I had. I've
only had one.
But, no, I understand that that's not in their wheelhouse. I didn't
know if they could bring those companies to us as a recommendation
or if we could, you know -- I don't mind having staff look into that,
but I'd prefer outside -- to keep it outside.
COMMISSIONER SAUNDERS: We are going to have a
representative of the committee at our workshop on October 3rd, and
I'll get ahold of her and see if she can talk to -- just give that some
thought without violating the Sunshine Law. She has to be a little
careful.
COMMISSIONER HALL: Mr. Magel is who I had the
conversation with.
COMMISSIONER SAUNDERS: Yes, yes. And I'll talk to
Mr. Magel as well and see what they think about that, and...
MS. PATTERSON: Commissioners, if I may, the choice to
September 26, 2023
Page 118
bring an outside consultant or not is purely up to you, and we use
outside consultants for a lot of different things, which we'll be talking
about on Tuesday, coincidentally; however, we do have to consider
the procurement ramifications for whatever we choose.
So within certain thresholds, we have more flexibility. When
you get into more detailed or elaborate processes, we will have to
utilize a different procurement method.
So we just want to probably think through those. What we can
do is we can collect our thoughts here before the next meeting and be
prepared even --
(Recording stopped.)
MS. PATTERSON: -- be prepared to have a conversation
about that because, of course, we don't want to enter into a type of
procurement that's actually going to delay us to the point that it's not
effective for this process.
We're really looking to kick this off here pretty quickly, and as
we move towards the end of this year and the beginning of next year,
be prepared to have a very productive conversation with you before
the setting of any kind of budget policy.
COMMISSIONER HALL: I just want to get the ball rolling.
COMMISSIONER McDANIEL: Yeah.
CHAIRMAN LoCASTRO: Commissioner McDaniel?
COMMISSIONER McDANIEL: Yes. Well, then, on that
note, why don't you work with our staff, with our county manager,
and find out the most expeditious path for us to travel and then give
us an update next Tuesday when we're together in a
workshop -- we're not going to vote on anything then, but we can
certainly have an update on the process because, again, if we go into
an RFP process -- whoa, it's not going to be good.
So there are other ways for us to travel to get there, other
contractual arrangements that are out there that may be able to be
September 26, 2023
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utilized to be able to move us forward with a selection of somebody
to help us with that.
And I just want to say thank you to the County Manager and the
Deputy County Manager and -- with regard to the interlocal
agreement with the City of Naples. Commissioner Saunders tasked
me with that, and then I ran into a wall, but we got through it and we
brought to light a lot of circumstances with regard to our county's
utilization of our beaches and clarity coming from the City of Naples
with how they're spending the money, what they're spending the
money on, and so on.
So really, the accolades go to our county manager and deputy
county manager for formalizing that agreement and moving over into
some further discussions over in the TDC, the Tourist Development
Council, with regard to future expenditures. So thank you.
MS. PATTERSON: Thank you.
CHAIRMAN LoCASTRO: Commissioner Kowal.
COMMISSIONER KOWAL: Thank you, Chairman.
Well, I'd like to just revisit how, at the very beginning of this
meeting, thanking the staff and Mr. Finn on -- for what we put you
guys through last Thursday.
I know Mr. Finn had said they ran. When he woke up on
Thursday, he was probably thinking, well, we ran all those models.
We got it down to a certain amount of time, you know, and when
we're finally given the football and we've got to go run to the goal
line -- but I can almost guarantee that he didn't run that model that we
handed him sometime after midnight on Thursday.
And the tasks they were given and how they completed it in a
timely fashion, I have to commend them and thank the staff and
Mr. Finn and his staff on what they accomplished. They were given
a mission, and they brought it to fruition, and we had the opportunity
to vote on it.
September 26, 2023
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And I will be addressing the City of Naples, the mayor, and their
council, I think, next Wednesday or two Wednesdays from now.
So, Mr. Rodriguez, if you could definitely get me some
information on where we're at with that, the parking and the beach
stuff, because it seems like that's always the topic I always end up
talking about when I'm there, giving them the status of the county and
what we're doing and working in partnership, so --
But I think we had a pretty productive meeting today, and I
think, once again, we got ideas out there, and we all raise our
eyebrows and look at each other and say, huh, I didn't think of that,
but let's see what we can do with it. So thank you.
COMMISSIONER SAUNDERS: Well, I will tag on a little bit
to what Commissioner Kowal has said. The most amazing thing
about that workshop -- or that hearing was that, really, nobody got
mad. We had a lot of disagreement on some very big issues,
and -- but it never got heated. It was all a very professional
conversation, and I think that says a lot about our staff. It says a lot
about the Commission, but also the public. The public was -- they,
perhaps, didn't agree with everything that happened, but everybody
was very cordial and worked together professionally.
But you're right, Commissioner Kowal; our staff really rose to
the task. But what's amazing about our staff is that Thursday was
not the only time that they've had to spend a lot of extra hours. I
think if you call the county at 7:00 or 8:00 on any day during the
week, I think Mr. Finn is probably at his desk, or at least he's
somewhere with his computer, and hopefully he'll get a little bit of
rest. But that goes for everybody on our staff that worked so hard on
that. It was job well done, and I think everybody handled it well.
CHAIRMAN LoCASTRO: Yeah. And I'll just close by
saying, the reason why all five commissioners wanted to bring
Mr. Finn and his group up here was because a lot of times, like I said,
September 26, 2023
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it's the people behind the scenes that never get seen that are doing a
lot of the heavy lifting, and so it truly is a team effort. It's never one
commissioner. It's never one person. It's never one department.
You know, we all move forward. You know the old adage, a
rising tide lifts all boats, and I think, you know, we're starting to see a
lot of that.
And, you know, to Commissioner Saunders' point, at a
time -- and we sort of have talked about this informally, you know,
sometimes when we're grabbing a cup of coffee, it's disappointing to
see even groups of elected bodies even close to this county, maybe
even in this county, but certainly across the nation, that are struggling
to show professionalism and work closely together. I'm really -- I
think we're all proud of how we do it here even when we agree to
disagree. We can be disagreeable and we can -- we can voice those
concerns, but, you know, once we get outside this building, I think
the real strength of -- and when I say the Collier County Commission,
I really mean the entire Collier County team -- is that on the outside,
it's one decision, one voice. We look professional. And if we stray,
we talk to each other, but then, you know, we get back in the same
lane, and not a lot of elected bodies are doing that right now across
the country. So I can only say I'm really personally proud of this
group and the team that's not even in this room, that's in this building,
that's doing so much to support all of us.
I did make some notes on -- you know, we've touched on it here.
I had written the county operations analysis, basically, as we're
talking about. So maybe next Tuesday would be a time to continue
that discussion. None of us want to see it die on the vine. I think
it's more than just a consultant. I think you have expertise up here,
and we all sort of voice different possibilities of diving into a
different department.
And, you know, we don't want too many cooks in the kitchen,
September 26, 2023
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that's for sure. But there might be something that we can all
brainstorm, and I think we're all sitting here burning some brain cells
on what we could probably bring to Tuesday's meeting as maybe
taking the next step forward and not letting anything die on the vine.
Ms. Patterson and I talked about yesterday -- and we're getting a
lot of questions about the surtax that's going to sunset at the end of
this calendar year. At some point, we need to start talking about that
or deciding we're not. But we have the City of Marco, I think, that
either has sent us a letter or is about to, and Ms. Patterson mentioned
that we might shake the trees a little from some outsiders just to see if
anybody wants to give us some input, but I just -- I don't think we
want to be oblivious to it and then watch -- you know, and miss a
window. And I'm not being -- taking a side one way or another as to
I think it should be put back on the ballot and voted for or it shouldn't
be, but I just don't think we should be, you know, oblivious to it and
then find out that maybe we could have had more aggressive talks to
either continue it or at least give it that opportunity, or not. But it's
definitely a data point.
Did you want to say something, Ms. Patterson?
MS. PATTERSON: Yes, Chair. To your point is we have had
questions from some of our other governmental partners about the
future of the surtax. So what we're trying to avoid is if you have a
number of these send a letter or make their intentions clear that the
surtax is important to them, we want the Board to have adequate
visibility on that to make a decision so that it isn't that, you know, we
get to a point in time where it's too late and then it appears that, you
know, we didn't have the conversation early enough. And that was
to your point, Chair.
So we have committed to talking to those groups that have come
to us to talk about this, and no -- no putting the Board into any kind
of position of a yes or a no but simply just collecting those opinions
September 26, 2023
Page 123
and then being able to provide that to the Board so that they
can -- they can decide kind of the future. Maybe it's yes, maybe it's
no, maybe it's in a couple of years, but at least that way you kind of
have a pulse on those that have been -- either have been recipients of
the surtax or expressed their interest in being included, if possible, in
a future surtax.
CHAIRMAN LoCASTRO: I also wanted to thank all the
people from the arts community that not only came today but sent us
so many emails speaking with great passion and sincerity. Without a
doubt, we unanimously up here, with no reservation, voted on a -- on
a full funding; however, with plenty of conversation, very valuable
conversation, I think we certainly have sent a message that, you
know, we want to make sure that we're continuing to blow the dust
off of things and things are being documented and justified and that
we may be -- we have a better chance to maybe spread the wealth
around over the years than just writing a bunch of blank checks. So
I think that was very valuable conversation, and we look for
Mr. Beirnes to be bringing us improvement to that part as well.
And then, lastly, just for the record, so we had some scientists
down in the basement check. There are two Sheboygan locations.
One in Wisconsin and one in Michigan. It's true.
COMMISSIONER McDANIEL: They're spelled different.
CHAIRMAN LoCASTRO: They are spelled different, they
are, but they sound the same, right, Mr. Rodriguez? Mr. Rodriguez
doesn't have a lot to do over there, so he was -- I don't want to say he
was the expert, but --
COMMISSIONER McDANIEL: I had him leaning. I had him
leaning.
MR. RODRIGUEZ: Being a former Michigander, I take great
pride in being --
(Simultaneous crosstalk.)
September 26, 2023
Page 124
COMMISSIONER McDANIEL: And for the record, Terri can
just write a bunch of -- "everybody talking at the same time" can go
into the --
CHAIRMAN LoCASTRO: No, the only thing I would like on
the record, there are two Sheboygan cities in Michigan and
Wisconsin, and that was confirmed for today's meeting.
But having said that, unless -- anybody else?
(No response.)
CHAIRMAN LoCASTRO: It was a great meeting. A lot of
great things happened here today.
Thank you very much, you-all, and we're adjourned.
*****
****Commissioner McDaniel moved, seconded by Commissioner
Saunders, and carried that the following items under the consent and
summary agendas be approved and/or adopted****
Item #16A1 - Moved to Item #11D (Per Agenda Change Sheet)
Item #16A2
FINAL ACCEPTANCE OF THE POTABLE WATER AND
SEWER FACILITIES, AND ACCEPT THE CONVEYANCE OF
THE SEWER FACILITIES FOR DESTINY CHURCH,
PL20230007154 – A FINAL INSPECTION BY STAFF FOUND
THESE FACILITIES TO BE SATISFACTORY AND
ACCEPTABLE ON JULY 14, 2023
Item #16A3
September 26, 2023
Page 125
FINAL ACCEPTANCE OF THE POTABLE WATER AND
SEWER UTILITY FACILITIES FOR LAMBORGHINI OF
NAPLES, PL20230011798 – A FINAL INSPECTION BY STAFF
FOUND THESE FACILITIES TO BE SATISFACTORY AND
ACCEPTABLE ON AUGUST 3, 2023
Item #16A4
FINAL ACCEPTANCE OF THE SEWER UTILITY FACILITIES
AND ACCEPT THE CONVEYANCE OF A PORTION OF THE
SEWER FACILITIES FOR PINE STREET STORAGE
WAREHOUSE, PL20230011735 – A FINAL INSPECTION BY
STAFF FOUND THESE FACILITIES TO BE SATISFACTORY
AND ACCEPTABLE ON AUGUST 1, 2023
Item #16A5
THE CLERK OF COURTS TO RELEASE A PERFORMANCE
BOND IN THE AMOUNT OF $23,560, WHICH WAS POSTED AS
A DEVELOPMENT GUARANTY FOR AN EARLY WORK
AUTHORIZATION (EWA) FOR WORK ASSOCIATED WITH
PALISADES, PL20220000268
Item #16A6
THE RELEASE OF A CODE ENFORCEMENT LIEN WITH AN
ACCRUED VALUE OF $78,600 FOR PAYMENT OF $27,913 IN
THE CODE ENFORCEMENT ACTION TITLED BOARD OF
COUNTY COMMISSIONERS V. RCS HOLDINGS LLC., IN
CODE ENFORCEMENT BOARD CASE NO. CEPM20190007369
RELATING TO PROPERTY LOCATED AT 7143 MARCONI CT.,
September 26, 2023
Page 126
COLLIER COUNTY, FLORIDA
Item #16A7 – Moved to Item #11E (Per Agenda Change Sheet)
Item #16A8
THE CLOSURE OF SOUTHBAY DRIVE BY STOCK
DEVELOPMENT, THE DEVELOPER OF THE RITZ CARLTON
RESIDENCES WITHIN THE ONE NAPLES PLANNED UNIT
DEVELOPMENT
Item #16B1
ACCEPT THE MARCO ISLAND LOOP TRAIL FEASIBILITY
STUDY CONDUCTED BY FLORIDA DEPARTMENT OF
TRANSPORTATION – THE STUDY WAS PRESENTED TO THE
MPO ON JUNE 9, 2023
Item #16B2
AGREEMENT FOR THE ACQUISITION OF A TEMPORARY
CONSTRUCTION EASEMENT (PARCEL 102TCE) REQUIRED
FOR CONSTRUCTION OF THE VANDERBILT BEACH ROAD
(US-41 TO GOODLETTE-FRANK ROAD) PROJECT (PROJECT
NO. 60199). ESTIMATED FISCAL IMPACT: $54,108
Item #16B3
THE SELECTION COMMITTEE’S RANKING AND AUTHORIZE
STAFF TO BEGIN CONTRACT NEGOTIATIONS WITH THE
TOP-RANKED FIRM, JOHNSON ENGINEERING, INC.,
September 26, 2023
Page 127
CONCERNING REQUEST FOR PROFESSIONAL SERVICES
(“RPS”) NO. 23-8082, “CEI SERVICES FOR VANDERBILT
BEACH ROAD WIDENING,” SO THAT STAFF CAN BRING A
PROPOSED AGREEMENT BACK FOR THE BOARD’S
CONSIDERATION AT A FUTURE MEETING. (PROJECT 60199)
Item #16B4
AWARD INVITATION TO BID ("ITB") NO. 23-8134,
"PURCHASE AND DELIVERY OF LIME ROCK (DOUBLE
CRUSHED)," TO QUALITY ENTERPRISES USA, INC., J & Y
GROUP ENTERPRISES LLC., GREEN DREAM
INTERNATIONAL LLC., GRIPPO PAVEMENT MAINTENANCE
INC., AND AUTHORIZE THE CHAIRMAN TO SIGN THE
ATTACHED AGREEMENTS
Item #16B5
THE SELECTION COMMITTEE’S RANKING AND AUTHORIZE
STAFF TO BEGIN CONTRACT NEGOTIATIONS WITH THE
TOP-RANKED FIRM, ATKINS NORTH AMERICA, INC.,
RELATED TO REQUEST FOR PROFESSIONAL SERVICES
(“RPS”) NO. 23-8071, “DESIGN SERVICES FOR BRIDGES
WITHIN THE GOLDEN GATE ESTATES,” SO STAFF CAN
BRING A PROPOSED AGREEMENT BACK FOR THE BOARD’S
CONSIDERATION AT A FUTURE MEETING. (PROJECT 60212)
Item #16B6
AFTER-THE-FACT CHANGE ORDER NO. 1 TO AGREEMENT
NO. 23-8111, “COLLIER COUNTY EMERGENCY BERM
September 26, 2023
Page 128
TRUCK HAUL AND CONSTRUCTION - REACH A”, WITH
PHILLIPS AND JORDAN, INC., TO INCREASE THE
CONTRACT AMOUNT FROM $6,723,041.50 TO $6,771,654.62
TO ADJUST THE QUANTITY OF SAND; TO RATIFY
ADMINISTRATIVE CHANGE ORDER NO. 1 TO AGREEMENT
NO. 23-8111, “COLLIER COUNTY EMERGENCY BERM
TRUCK HAUL AND CONSTRUCTION - REACH B”, WITH
EARTH TECH ENTERPRISES, INC., FOR SAND
REDISTRIBUTION; APPROVE PAYMENT OF PAY
APPLICATIONS NO. 1 FOR BOTH CONTRACTORS; AND
MAKE A FINDING THAT THIS EXPENDITURE PROMOTES
TOURISM. (FEMA FUND 1813, HURRICANE IAN PROJECT
NO. 50280)
Item #16B7
RESOLUTION 2023-167: THE CHAIRMAN TO SIGN A
SUPPLEMENTAL AGREEMENT TO THE LOCAL AGENCY
PROGRAM (LAP) AGREEMENT WITH THE FLORIDA
DEPARTMENT OF TRANSPORTATION (FDOT) TO
INCREASE THE GRANT AWARD FROM $611,727 TO $851,727
FOR CONSTRUCTION OF A FIVE-FOOT SIDEWALK ON THE
EAST SIDE OF VANDERBILT DRIVE FROM VANDERBILT
BEACH ROAD TO 109TH AVENUE NORTH; TO ADOPT THE
ACCOMPANYING RESOLUTION FORMALLY APPROVING
AND AUTHORIZING ITS CHAIRMAN TO EXECUTE SAME ON
BEHALF OF THE BOARD; AND TO AUTHORIZE THE
NECESSARY BUDGET AMENDMENTS, FPN 438092-2-58-01.
(PROJECT 60255, FUND 1841)
Item #16B8
September 26, 2023
Page 129
BUDGET AMENDMENT TO RECOGNIZE REVENUE AND
TRANSFER FUNDING FOR PROJECTS WITHIN THE
TRANSPORTATION SUPPORTED GAS TAX FUND (3083) AND
TRANSPORTATION & CDES CAPITAL FUND (3081) IN THE
AMOUNT OF $727,879.63. (PROJECTS 60085, 60066, 60088,
69331, 69333, 69338 AND 69340)
Item #16B9
TOURIST DEVELOPMENT COUNCIL GRANT APPLICATION
REQUESTS FROM THE CITY OF NAPLES, THE CITY OF
MARCO ISLAND AND COLLIER COUNTY FOR FY 2023-2024
IN THE AMOUNT OF $13,867,200, BUDGET THESE
EXPENDITURES, AUTHORIZE THE CHAIRMAN TO EXECUTE
AN AGREEMENT WITH THE CITY OF NAPLES, AND MAKE A
FINDING THAT THESE EXPENDITURES PROMOTE TOURISM
Item #16C1
EXPENDITURES UNDER BOARD APPROVED
STANDARDIZATION OF GOODS, AND ACCEPT SINGLE-
SOURCE WAIVERS, FOR THE PURCHASE OF SPECIALIZED
PROPRIETARY EQUIPMENT AND SERVICES NEEDED TO
ESTABLISH, REPAIR, AND MAINTAIN OPERATIONS AT
WATER AND WASTEWATER PLANTS, PUMP STATIONS,
AND WASTEWATER COLLECTION SYSTEM TO MEET
DEMAND AND MAINTAIN COMPLIANCE. (NOT TO EXCEED
$6,000,000 ANNUAL SPENDING FOR 1 YEAR FROM CCWSD
FUNDS (4008, 4012, 4014)) (THIS ITEM IS A COMPANION
ITEM 16C2)
September 26, 2023
Page 130
Item #16C2
EXPENDITURES UNDER SOLE AND SINGLE-SOURCE
WAIVERS FOR THE PURCHASE OF SPECIALIZED
PROPRIETARY EQUIPMENT AND SERVICES NEEDED TO
ESTABLISH, REPAIR, AND MAINTAIN OPERATIONS AT
WATER AND WASTEWATER PLANTS, PUMP STATIONS,
AND WASTEWATER COLLECTION SYSTEM TO MEET
DEMAND AND MAINTAIN COMPLIANCE. (NOT TO EXCEED
$5,525,000 ANNUAL SPENDING FOR 1 YEAR FROM CCWSD
FUNDS (4008, 4012, 4014)) (THIS ITEM IS A COMPANION
ITEM 16C1)
Item #16C3
RESOLUTION 2023-168: THE FY2024 FEE SCHEDULES
ESTABLISHED IN THE ANNUAL RATE RESOLUTION FOR
RESIDENTIAL AND COMMERCIAL COLLECTION AND
DISPOSAL OF SOLID WASTE AND RECYCLING AT COLLIER
COUNTY SOLID WASTE FACILITIES, INCLUDING THE
LANDFILL, TRANSFER STATION, AND RECYCLING DROP-
OFF CENTERS AS PRESENTED IN THE FY2024 SOLID WASTE
BUDGET
Item #16C4
RESOLUTION 2023- 169: A RESOLUTION SUPERSEDING AND
REPLACING RESOLUTION 1998-168 RELATING TO THE
SPECIAL SERVICE CHARGE ESTOPPEL LETTER FEE OF THE
COLLIER COUNTY WATER-SEWER DISTRICT TO INCREASE
September 26, 2023
Page 131
THE SERVICE CHANGE FOR ESTOPPEL LETTERS FROM $2
TO $25
Item #16C5
AWARD INVITATION TO BID (“ITB”) NO. 23-8122,
“CHLORINATOR EQUIPMENT MAINTENANCE,” TO WATER
TREATMENT AND CONTROLS TECHNOLOGY, INC., WITH
AN ESTIMATED ANNUAL EXPENDITURE OF $125,000.00
DEPENDENT ON THE NUMBER OF REPAIRS REQUIRED TO
MAINTAIN THE EQUIPMENT AND AUTHORIZE THE
CHAIRMAN TO SIGN THE ATTACHED AGREEMENT
Item #16C6
EXECUTE DOCUMENTS NECESSARY FOR THE
CONVEYANCE OF A UTILITY EASEMENT TO THE COLLIER
COUNTY WATER-SEWER DISTRICT FOR UTILITY
INFRASTRUCTURE FOR A PROJECT ON COUNTY-OWNED
PROPERTY, KNOWN AS EKOS ON SANTA BARBARA,
LOCATED AT 4640 SANTA BARBARA BOULEVARD
Item #16D1
THE CHAIRMAN TO SIGN THE FIRST AMENDMENT
BETWEEN COLLIER COUNTY AND THE SHELTER FOR
ABUSED WOMEN & CHILDREN, INC., COMMUNITY
DEVELOPMENT BLOCK GRANT AGREEMENT CD22-02, TO
INCREASE THE AMOUNT OF THE AGREEMENT FROM
$587,206 TO $765,557 FOR A NET CHANGE OF $178,351 FOR
ADDITIONAL ROOF REPLACEMENT FUNDING. (GRANT
September 26, 2023
Page 132
FUND 1835)
Item #16D2 – Moved to Item #11C (Per Agenda Change Sheet)
Item #16D3
AUTHORIZE PURCHASES FROM BIBLIOTHECA, LLC, AND
OVERDRIVE, INC., AS EXEMPTIONS FROM THE
COMPETITIVE PROCESS FOR THE ACQUISITION OF
ELECTRONIC RESOURCE MATERIALS FOR LIBRARY
PATRON USE, IN A NOT-TO-EXCEED THE AMOUNT OF
$600,000 PER FISCAL YEAR, AS BUDGETED, THROUGH FY
2028
Item #16D4
TWENTY-THREE (23) MORTGAGE SATISFACTIONS FOR THE
STATE HOUSING INITIATIVES PARTNERSHIP LOAN
PROGRAM IN THE AMOUNT OF $1,150,000. (SHIP GRANT
FUND 1053)
Item #16D5
THE CHAIRMAN TO SIGN ELEVEN (11) MORTGAGE
SATISFACTIONS FOR THE STATE HOUSING INITIATIVES
PARTNERSHIP LOAN PROGRAM IN THE AMOUNT OF
$237,565.90 AND APPROVE THE ASSOCIATED BUDGET
AMENDMENT TO APPROPRIATE REPAYMENT AMOUNT
TOTALING $237,565.90 (SHIP GRANT FUND 1053)
Item #16D6
September 26, 2023
Page 133
THE SUBMITTAL OF THE FY23-24 STATE AID TO LIBRARY
GRANT ALONG WITH THE 2023-2027 STRATEGIC PLAN AND
OTHER DOCUMENTATION REQUIRED FOR GRANT
APPLICATION SUBMISSION AND AUTHORIZE THE
CHAIRMAN TO SIGN GRANT AGREEMENT #24-ST-08 AND
ALL CERTIFICATIONS REQUIRED FOR THE SUBMISSION OF
THE GRANT APPLICATION TO THE FLORIDA DEPARTMENT
OF STATE, DIVISION OF LIBRARY AND INFORMATION
SERVICES FOR FUNDING IN THE ESTIMATED AMOUNT OF
$139,834. (PUBLIC SERVICES GRANT FUND 1839)
Item #16D7
RESOLUTION 2023- 170: TO ENACT A RESOLUTION TO
AUTHORIZE CONTINUED PARTICIPATION IN THE LOCAL
PROVIDER PARTICIPATION FUND FOR THE DIRECTED
PAYMENT PROGRAM AND GRADUATE MEDICAL
EDUCATION PROGRAM. THESE PROGRAMS WILL BE
SOLELY FUNDED BY ASSESSMENTS ON COLLIER COUNTY
HOSPITAL-OWNED PROPERTY OR PROPERTY USED AS A
HOSPITAL IN AN ASSESSMENT AMOUNT OF $10,657,446.
AUTHORIZE THE COUNTY MANAGER TO SIGN A LETTERS
OF AGREEMENT IN AN AMOUNT NOT TO EXCEED THE
TOTAL OF $13,205,859.81 WITH THE AGENCY FOR HEALTH
CARE ADMINISTRATION AND APPROVE NECESSARY
BUDGET AMENDMENTS
Item #16D8
A LOW INCOME POOL LETTER OF AGREEMENT WITH THE
September 26, 2023
Page 134
AGENCY FOR HEALTH CARE ADMINISTRATION, IN THE
AMOUNT OF $469,861 AND A COMPANION AGREEMENT
WITH COLLIER HEALTH SERVICES, INC., TO PARTICIPATE
IN THE MEDICAID LOW INCOME POOL PROGRAM,
GENERATING $647,792 IN FEDERAL MATCHING FUNDS
THAT WILL PROVIDE ADDITIONAL HEALTH SERVICES FOR
THE CITIZENS OF COLLIER COUNTY; TO AUTHORIZE THE
COUNTY MANAGER OR DESIGNEE TO SIGN AND EXECUTE
THE AHCA LIP LETTER OF AGREEMENT; AND TO
AUTHORIZE THE CHAIRMAN TO EXECUTE THE
COMPANION AGREEMENT WITH CHSI
Item #16D9
FIRST AMENDMENT TO AGREEMENT NO. 13-6014,
“VANDERBILT BEACH CONCESSION,” WITH DAY-STAR
UNLIMITED, INC., D/B/A CABANA DAN’S, PROVIDING FOR
A ONE-YEAR EXTENSION – CABANA DAN’S HAS
SUCCESSFULLY PROVIDED CONSESSIONAIRE SERVICES
FOR VANDERBILT BEACH SINCE 2003
Item #16E1
THE APPROVAL OF THE $1,116 OFFER IN FULL AND FINAL
SETTLEMENT OF THE EMS INVOICE REGARDING SERVICES
RENDERED TO BESART MARKU
Item #16E2
AN INCREASE TO THE CURRENT BUDGET ALLOWANCE
FOR THE PURCHASE OF PROTECTIVE FOOTWEAR FROM
September 26, 2023
Page 135
VIC'S BOOT & SHOE, INC., D/B/A RED WING SHOE STORE,
FROM $200,000 TO $300,000 ANNUALLY– TO PROVIDE
EMPLOYEES WITH PROTECTIVE FOOTWEAR FOR THE
PREVENTION OF ANKLE AND FOOT INJURIES
Item #16E3
RESOLUTION 2023-171: A RESOLUTION ADOPTING THE PAY
AND CLASSIFICATION PLANS FOR THE COUNTY
MANAGER’S AGENCY, NON-UNION EMS, AND THE
COUNTY ATTORNEY’S OFFICE EFFECTIVE OCTOBER 1,
2023; TO PROVIDE A GENERAL WAGE ADJUSTMENT TO
ELIGIBLE EMPLOYEES EFFECTIVE OCTOBER 7, 2023; TO
APPROVE THE CREATION OF NEW CLASSIFICATIONS,
MODIFICATION AND/OR DELETION OF CLASSIFICATIONS
AND ASSIGNMENT OF PAY RANGES FROM THE PROPOSED
PAY AND CLASSIFICATION PLANS, FROM JULY 1, 2023
FORWARD USING THE EXISTING POINT-FACTOR JOB
EVALUATION SYSTEM AND MARKET DATA; AND TO
AUTHORIZE ANY NECESSARY BUDGET AMENDMENTS IN
FY2024
Item #16F1
AGREEMENT TO PROVIDE PARTIAL FUNDING IN THE
AMOUNT OF $250,000.00 TO THE GREATER NAPLES FIRE
AND RESCUE DISTRICT, A SPECIAL DISTRICT CREATED BY
LAWS OF FLORIDA, CHAPTER 2014-240, FROM REVENUE
DERIVED FROM THE GAC TRUST FUND-LAND SALES, TO
PURCHASE A BRUSH TRUCK, AND TO AUTHORIZE A
BUDGET AMENDMENT TO TRANSFER THE FUNDS
September 26, 2023
Page 136
Item #16F2
THE THIRTEENTH AMENDMENT TO THE AGREEMENT FOR
MEDICAL EXAMINER SERVICES (AGREEMENT NO. 11-5776 -
MEDICAL EXAMINER), WHICH WILL EXTEND THE TERM
OF THE AGREEMENT TO SEPTEMBER 30, 2024. – TO
PROVIDE FOR MEDICAL EXAMINER SERVICES FOR
COLLIER COUNTY
Item #16F3
AWARD INVITATION TO BID (“ITB”) #23-8132, “PRINTING
AND COPYING SERVICES,” TO CECIL ENTERPRISES INC.,
DIRECT IMPRESSIONS INC., PALM PRINTING/PRINTERS
INK, CORP., RAY LEPAR PRINTING, INC., AND STRATEGY
MARKETING GROUP, INC., D/B/A PANTHER PRINTING
Item #16F4
RESOLUTION 2023- 172: A RESOLUTION APPROVING
AMENDMENTS (APPROPRIATING GRANTS, DONATIONS,
CONTRIBUTIONS, OR INSURANCE PROCEEDS) TO THE
FISCAL YEAR 2022-23 ADOPTED BUDGET. (THE BUDGET
AMENDMENTS IN THE ATTACHED RESOLUTION HAVE
BEEN REVIEWED AND APPROVED BY THE BOARD OF
COUNTY COMMISSIONERS VIA SEPARATE EXECUTIVE
SUMMARIES.)
Item #16F5
September 26, 2023
Page 137
DONATE A SURPLUS VEHICLE TO EVERGLADES CITY AND
AUTHORIZE THE PROCUREMENT DIRECTOR, AS DESIGNEE
FOR COUNTY MANAGER, TO SIGN FOR THE TRANSFER OF
VEHICLE TITLE PURSUANT TO FLORIDA STATUTE
CHAPTER 274.05
Item #16F6
THE CHAIRMAN TO EXECUTE STATE-FUNDED
EMERGENCY MANAGEMENT PREPAREDNESS ASSISTANCE
(EMPA) AGREEMENT A0345 ACCEPTING A GRANT AWARD
TOTALING $105,806 FROM THE FLORIDA DIVISION OF
EMERGENCY MANAGEMENT (FDEM) FOR EMERGENCY
MANAGEMENT PROGRAM ENHANCEMENT AND
AUTHORIZE THE ASSOCIATED BUDGET AMENDMENT.
(FUND 1833, PROJECT NO. 33869)
Item #16F7
AWARD INVITATION TO BID (“ITB”) NO. 23-8140,
“PLUMBING CONTRACTORS” TO BC PLUMBING & DRAIN,
INC., AS PRIMARY VENDOR, AND ACKERMAN PLUMBING,
INC., AS SECONDARY VENDOR, AND AUTHORIZE THE
CHAIRMAN TO SIGN THE ATTACHED AGREEMENTS
Item #16F8
RESOLUTION 2023-173: A RESOLUTION AUTHORIZING
INTERGOVERNMENTAL TRANSFERS (IGT) BETWEEN
COLLIER COUNTY EMS AND THE STATE OF FLORIDA
AGENCY FOR HEALTH CARE ADMINISTRATION (AHCA)
September 26, 2023
Page 138
FOR FY24, TO AUTHORIZE CHAIRMAN TO SIGN AN
AGREEMENT WITH AHCA TO ACCEPT DIRECT PAYMENTS
FROM THE PROGRAM NAMED STATEWIDE MEDICAID
MANAGED CARE (SMMC) FOR FY24 AND TO APPROVE THE
NECESSARY BUDGET AMENDMENTS
Item #16G1
RESOLUTION 2023- 174: THE ATTACHED RESOLUTION
THAT APPROVES AND AUTHORIZES THE COUNTY
MANAGER TO EXECUTE AIRPORT IMPROVEMENT
PROGRAM (AIP) GRANT AGREEMENT NUMBER 3-12-0142-
017-2023 IN THE AMOUNT OF $900,798 AND AIRPORT
INFRASTRUCTURE GRANT (AIG) AGREEMENT NUMBER 3-
12-0142-018-2023 IN THE AMOUNT OF $891,000 WITH THE
FEDERAL AVIATION ADMINISTRATION (FAA); TO
APPROVE AND AUTHORIZE THE CHAIRMAN TO EXECUTE
AN AMENDMENT TO PUBLIC TRANSPORTATION GRANT
AGREEMENT (PTGA) NUMBER G2861 WITH THE FLORIDA
DEPARTMENT OF TRANSPORTATION (FDOT) INCREASING
FDOT’S PARTICIPATION BY $1,097,962 FOR THE
CONSTRUCTION OF THE COUNTY-OWNED BULK
AIRCRAFT STORAGE HANGAR AT THE MARCO ISLAND
EXECUTIVE AIRPORT (MKY); AND TO AUTHORIZE ALL
NECESSARY BUDGET AMENDMENTS. (AIRPORT GRANT
FUND 4093, AIRPORT MATCH FUND 4094, AIRPORT
CAPITAL FUND 4091)
Item #16J1
EXTEND THE 2023 TAX ROLL AT THE REQUEST OF TAX
September 26, 2023
Page 139
COLLECTOR ROB STONEBURNER, CFC. – DUE TO THE
VOLUME OF VALUE ADJUSTMENT BOARDS PETITIONS
Item #16J2
APPROVE TAX COLLECTOR REQUEST FOR ADVANCE
COMMISSIONS IN ACCORDANCE WITH FLORIDA STATUTE
192.102(1) FOR FY2024
Item #16J3
PROVIDE A LETTER OF SUPPORT (SIGNED BY THE BCC
CHAIRMAN) FOR THE PREVIOUSLY APPROVED FISCAL
YEAR 2022 EDWARD BYRNE MEMORIAL, JUSTICE
ASSISTANCE GRANT (JAG) COUNTYWIDE PROGRAM
GRANT FUNDS
Item #16J4
TO RECORD IN THE MINUTES OF THE BOARD OF COUNTY
COMMISSIONERS, THE CHECK NUMBER (OR OTHER
PAYMENT METHOD), AMOUNT, PAYEE, AND PURPOSE FOR
WHICH THE REFERENCED DISBURSEMENTS WERE
DRAWN FOR THE PERIODS BETWEEN AUGUST 31, 2023,
AND SEPTEMBER 13, 2023, PURSUANT TO FLORIDA
STATUTE 136.06
Item #16J5
THE BOARD APPROVE AND DETERMINE VALID PUBLIC
PURPOSE FOR INVOICES PAYABLE AND PURCHASING
September 26, 2023
Page 140
CARD TRANSACTIONS AS OF SEPTEMBER 20, 2023
Item #16K1
THE PROPOSED FY 2023 - 2024 ACTION PLAN FOR JEFFREY
A. KLATZKOW, COUNTY ATTORNEY
Item #16K2
THE ANNUAL PERFORMANCE APPRAISAL FOR THE
COUNTY ATTORNEY
Item #16K3
THE CHAIRMAN TO EXECUTE A SETTLEMENT
AGREEMENT IN THE LAWSUIT STYLED COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS V. JOHN CARROLL
AND KACI RENEE CARROLL, CASE NO. 23-SC-1795, NOW
PENDING IN THE COUNTY COURT OF THE TWENTIETH
JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY,
FLORIDA, FOR THE SUM OF $3,776.52
Item #16K4
A SECOND AMENDMENT TO THE MEDIATED SETTLEMENT
AGREEMENT BETWEEN THE COUNTY, LA MINNESOTA
RIVIERA, LLC, AND THE RIVIERA GOLF ESTATES
HOMEOWNERS ASSOCIATION, INC., REGARDING
SETTLEMENT OF A BERT HARRIS CLAIM CONCERNING
THE RIVIERA GOLF COURSE, IN ORDER TO EXTEND THE
TIMEFRAMES PROVIDED FOR IN THE AGREEMENT
September 26, 2023
Page 141
Item #16L1
RESOLUTION 2023- 175: A RESOLUTION OF THE BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, THE GOVERNING BODY OF THE COMMUNITY
REDEVELOPMENT AGENCY, RATIFYING THE SALE OF
PROPERTY TO CATHOLIC CHARITIES AS SET FORTH IN
THE AGREEMENT FOR SALE AND PURCHASE, APPROVED
ON APRIL 11, 2023, AND EVIDENCED BY STATUTORY DEED
Item #17A
ORDINANCE 2023- 41: AN ORDINANCE AMENDING
ORDINANCE 2022-42, WHICH ESTABLISHED MILESTONE
INSPECTIONS OF AGING CONDOMINIUM AND
COOPERATIVE BUILDINGS IN UNINCORPORATED COLLIER
COUNTY
Item #17B – Motion to Continue to a future BCC Meeting by
Commissioner McDaniel; Seconded by Commissioner Saunders –
Approved (During Agenda Changes)
RECOMMENDATION TO APPROVE A PROPOSED
AMENDMENT TO COLLIER COUNTY ORDINANCE NO. 2006-
56, THE ROCK ROAD IMPROVEMENT MUNICIPAL SERVICE
TAXING UNIT (MSTU), TO REESTABLISH AN ADVISORY
COMMITTEE TO PROVIDE INPUT TO THE COUNTY ON
MATTERS RELATED TO THE MSTU – MOTION TO
CONTINUE TO A FUTURE BCC MEETING BY
September 26, 2023
Page 142
COMMISSIONER MCDANIEL; SECONDED BY
COMMISSIONER SAUNDERS – APPROVED
Item #17C
RESOLUTION 2023- 176: A RESOLUTION APPROVING
AMENDMENTS (APPROPRIATING CARRY FORWARD,
TRANSFERS, AND SUPPLEMENTAL REVENUE) TO THE
FY22-23 ADOPTED BUDGET. (THE BUDGET AMENDMENTS
IN THE ATTACHED RESOLUTION HAVE BEEN REVIEWED
AND APPROVED BY THE BOARD OF COUNTY
COMMISSIONERS VIA SEPARATE EXECUTIVE
SUMMARIES.)
Item #17D
RESOLUTION 2023- 177: A RESOLUTION APPROVING
AMENDMENTS (APPROPRIATING CARRY FORWARD,
TRANSFERS AND SUPPLEMENTAL REVENUE) TO THE
FISCAL YEAR 2023-24 ADOPTED BUDGET
*****
September 26, 2023
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 12:43 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS CONTROL
/-20 --'--
RICK LoCASTRO, CHAIRMAN
ATTEST
CRYSTAL K. KINZEL, CLERK
i : 0 P*-C
f1/4"- -------
Atte l t as to Chairman's
sigrmture only
These minutes appr by the Board on 0e !- b.e.r WI/Ng ,
as
presented ov 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.
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