Agenda 04/23/2024 Item # 2B (BCC Minutes from April 9, 2024)04/23/2024
COLLIER COUNTY
Board of County Commissioners
Item Number: 2.B
Doc ID: 28650
Item Summary: April 9, 2024, BCC Minutes
Meeting Date: 04/23/2024
Prepared by:
Title: Management Analyst II – County Manager's Office
Name: Geoffrey Willig
04/17/2024 2:14 PM
Submitted by:
Title: Deputy County Manager – County Manager's Office
Name: Amy Patterson
04/17/2024 2:14 PM
Approved By:
Review:
County Manager's Office Geoffrey Willig County Manager Review Completed 04/17/2024 2:14 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 04/23/2024 9:00 AM
2.B
Packet Pg. 14
April 9,2024
Page 1
TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, April 9, 2024
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: Chris Hall
Rick LoCastro
Dan Kowal
William L. McDaniel, Jr.
Burt L. Saunders
ALSO PRESENT:
Amy Patterson, County Manager
Daniel Rodriguez, Deputy County Manager
Jeffrey A. Klatzkow, County Attorney
Crystal K. Kinzel, Clerk of the Circuit Court & Comptroller
Troy Miller, Communications & Customer Relations
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April 9, 2024
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
April 09, 2024
9:00 AM
Commissioner Chris Hall, District 2; – Chair
Commissioner Burt Saunders, District 3; – Vice Chair
Commissioner Rick LoCastro, District 1
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 CHAIR.
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 CHAIR. 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
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April 9, 2024
BEGINNING OF THE MEETING FOLLOWING THE PLEDGE OF
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 CHAIR. 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 CHAIR. SPEAKERS WILL BE LIMITED TO THREE
MINUTES, AND NO ADDITIONAL MINUTES MAY BE CEDED TO THE
SPEAKER. AT THE CHAIR’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
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April 9, 2024
ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES
MANAGEMENT DIVISION LOCATED AT 3335 EAST TAMIAMI TRAIL,
SUITE 1, NAPLES, FLORIDA, 34112-5356, (239) 252-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN
THE FACILITIES MANAGEMENT DIVISION.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Invocation by Pastor Heath Jarvis - Faith Life Naples
Invocation given
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.)
Motion to approve by Commissioner McDaniel; Seconded by
Commissioner LoCastro – Approved and/or Adopted w/changes - 5/0
B. March 12, 2024, BCC Minutes
Motion to approve by Commissioner McDaniel; Seconded by
Commissioner LoCastro – Approved - 5/0
3. AWARDS AND RECOGNITIONS
A. EMPLOYEE
B. ADVISORY BOARD MEMBERS
C. RETIREES
D. EMPLOYEE OF THE MONTH
4. PROCLAMATIONS (One Motion taken to Adopt All Proclamations)
A. Proclamation designating April 14 - 19, 2024, as National Public Safety
Telecommunicators Week. To be accepted by Sheriff Kevin Rambosk,
Colonel Jim Bloom, Chief Greg Smith, Captain Chris Gonzalez, Manager
Amy Tuff, and several 911 telecommunicators.
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April 9, 2024
Motion to approve by Commissioner Saunders; Seconded by
Commissioner Kowal – Adopted - 5/0
B. Proclamation designating April 2024 as National Child Abuse Prevention
Month in Collier County. To be accepted by Linda Goldfield, Chief
Executive Officer for Youth Haven of SWFL.
Motion to approve by Commissioner Saunders; Seconded by
Commissioner Kowal – Adopted - 5/0
Moved from Item #16H3 (Per Agenda Change Sheet)
C. Proclamation designating April 2024 as Autism Acceptance Month in
Collier County. To be delivered to Stephanie Nordin.
Motion to approve by Commissioner Saunders; Seconded by
Commissioner Kowal – Adopted - 5/0
5. PRESENTATIONS
A. ARTIST OF THE MONTH – Various Collier Public School Students
6. PUBLIC PETITIONS
7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT
OR FUTURE AGENDA
A. Laurie Harris – Domestic Animal Services Board comments
B. Darleen Santos – Supporting Laurie Harris for DAS Board
C. Ewa Front – Supporting Laurie Harris for DAS Board
D. Garrett F.X. Beyrent – File your taxes prior to April 15th
E. Richard Schroeder – Medical risks of wireless radiation
F. Kate Tardif – Potential Costco comments
8. BOARD OF ZONING APPEALS
9. ADVERTISED PUBLIC HEARINGS
A. This item has been continued from the March 12, 2024, BCC Meeting.
This item requires ex-parte disclosure be provided by the Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to approve a rezoning ordinance
for the NBC RV Mixed-Use Planned Unit Development, a portion of which
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April 9, 2024
remains in the Rural Fringe Mixed Use District-Receiving Lands Zoning
Overlay, to allow up to 356,000 square feet of commercial and industrial
uses and 75 Travel-Trailer-Recreational Vehicle campground units on
property located 450± feet northeast of the intersection of Basik Drive and
Tamiami Trail East, 5 miles east of Collier Boulevard in Section 18,
Township 51 South, Range 27 East, Collier County, Florida, consisting of
34± acres; and by providing an effective date. (Companion to Item #9A)
(District 1)
Ordinance 2024-18: Motion to approve w/changes by Commissioner
LoCastro; Seconded by Commissioner McDaniel – Adopted - 5/0
B. This item has been continued from the March 12, 2024, BCC Meeting.
Recommendation to approve an ordinance amending the Future Land Use
Element and Future Land Use Map and map series of the Growth
Management Plan to create the East Tamiami Trail Mixed Use Subdistrict,
to allow up to 356,000 square feet of gross floor area of heavy commercial
and industrial uses, and up to 75 travel trailer-recreational vehicle
campground units. The subject property is located 450± feet northeast of the
intersection of Basik Drive and Tamiami Trail East, 5 miles east of Collier
Boulevard, in Section 18, Township 51 South, Range 27 East, Collier
County, Florida, consisting of 33.523± acres. (Companion to Item #9B)
(District 1)
Ordinance 2024-19: Motion to approve w/changes by Commissioner
LoCastro; Seconded by Commissioner McDaniel – Adopted - 5/0
10. BOARD OF COUNTY COMMISSIONERS
11. COUNTY MANAGER'S REPORT
A. Recommendation to have the Board of County Commissioners review
and approve Staff’s administrative application process for projects intending
to utilize the allowances per Florida Statute 125.01055(7)(a), the Live Local
Act. (Mike Bozi - Planning & Zoning Director) (All Districts)
Motion for section (7)(A) not to include the PUD’s by Commissioner
Hall; Seconded by Commissioner McDaniel – Approved - 5/0;
Motion for section (7)(B) not to include the PUD’s by Commissioner
McDaniel; Seconded by Commissioner Saunders – Approved - 5/0;
Motion for section (7)(C) not to include the PUD’s by Commissioner
McDaniel; Seconded by Commissioner Kowal - Approved - 5/0;
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April 9, 2024
Motion for section (7)(D) to be approved as written by Commissioner
McDaniel; Seconded by Commissioner Saunders – Approved - 5/0;
Motion for section (7)(E) with designation that there are only 3
major transfer stops (County Complex, Radio Road, and
Immokalee) by Commissioner McDaniel; Seconded by
Commissioner Saunders – Approved - 5/0
B. Recommendation to approve a Naming Rights Agreement with the David
Lawrence Mental Health Center, Inc., relative to the Collier County
Behavioral Health Center to generate donations to be restricted specifically
for use within the Behavioral Health Center. (Ed Finn - Deputy County
Manager) (District 3)
Motion to deny and staff to bring back an amendment w/changes at the
April 23, 2024, BCC Meeting by Commissioner McDaniel; Seconded by
Commissioner Kowal – Approved - 5/0
C. Recommendation to consider alternatives for the Communication Tower site
at Max A. Hasse Jr. Community Park and direct the County Manager or
designee to either: 1) take no action allowing the existing lease to expire on
May 20, 2024, pursuant to Crown Castle’s termination notice, and authorize
the County Manager or designee to proceed with competitive selection of a
wireless communication tower tenant at Max Hasse Community Park or; 2)
update Ground Lease terms with Crown Castle Towers 06-2 LLC, a
subsidiary of Crown Castle USA, and return to the Board for approval of the
updated Ground Lease at a future meeting. (Ed Finn, Deputy County
Manager) (District 3)
Motion to approve option #2 and bring back amendments at the April
23, 2024, BCC Meeting by Commissioner McDaniel; Seconded by
Commissioner LoCastro – Approved - 5/0
12. COUNTY ATTORNEY'S REPORT
Moved from Item #16K3 (Per Agenda Change Sheet)
A. Recommendation to approve and authorize the Chair to execute a
Settlement Agreement in the lawsuit styled Aaron Oldfield v. Collier
County, (Case No. 22-CA-1851), now pending in the Circuit Court of
the Twentieth Judicial Circuit in and for Collier County, Florida, for the sum
of $130,000. (All Districts)
Motion to approve by Commissioner McDaniel; Seconded by
Commissioner Hall - Approved - 5/0
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April 9, 2024
13. OTHER CONSTITUTIONAL OFFICERS
A. Presentation of the Annual Comprehensive Financial Report for the fiscal
year ended September 30, 2023, and authorization to file the related State of
Florida Annual Local Government Financial Report with the Department of
Financial Services. (Derek M. Johnssen, Clerk of Court's Office Director of
Finance and Accounting) (All Districts)
Presented; Motion to accept the report as presented by Commissioner
Saunders; Seconded by Commissioner McDaniel – Approved - 5/0
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.
None
B. Staff Project Updates
1) Update On Donated Air Purifiers – Presented by Dan Summers
2) Cyber Security Update – Presented by Mark Gillis
3) Logo Change – Presented by John Mullins;
Motion to approve the logo refresh rollout by Commissioner
McDaniel; Seconded by Commissioner Saunders – Approved - 5/0
C. Staff And Commission General Communications
1) County Manager Patterson – The Ethic’s Bill will be brought
back once Senator Passidomo has a chance to potentially provide
input. Call for action from City of Naples regarding the $5 million
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April 9, 2024
for the Naples Pier replacement; John Mullins will work on
drafting a letter of support for the Chair to sign.
2) Commissioner Kowal – Good work everyone, efficient meeting.
3) Commissioner Saunders – Ditto that.
4) Commissioner LoCastro – Shout out to Parks & Recreation for
the quarter million-dollar grant for Caxambas Park; Article
about AED’s Poolside – just a reminder to check ALL AED’s;
Kind comments about John Passidomo’s life impacts
5) Commissioner McDaniel – John Passidomo will be missed
6) Commissioner Hall - Adjourned
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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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Adopted and/or Approved w/changes – 5/0
A. GROWTH MANAGEMENT DEPARTMENT
1) Recommendation to approve a Resolution for final acceptance of the
private roadway and drainage improvements and acceptance of the
plat dedications for the final plat of Anthem Parkway Phase Four,
Application Number PL20200002048, and authorize the release of the
maintenance securities in the amount of $76,642.30. (District 5)
Resolution 2024-48
2) Recommendation to approve final acceptance of the potable water and
sewer utility facilities and accept the conveyance of a portion of the
potable water and sewer facilities and appurtenant utility easement for
Altis Santa Barbara, PL20230009204. (District 1)
A final inspection by staff found these facilities to be acceptable
and satisfactory on December 7, 2023
3) Recommendation to approve final acceptance of the potable water and
sewer utility facilities and accept the conveyance of a portion of the
potable water, all the sewer facilities, and the appurtenant utility
easement for Fairgrove Coach Homes, PL20230009259. (District 2)
A final inspection by staff found these facilities to be acceptable
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April 9, 2024
and satisfactory on December 20, 2023
4) Recommendation to approve a Resolution for the final acceptance of
the private roadway and drainage improvements and the plat
dedications for the final plat of Esplanade at Hacienda Lakes Phase 3,
Application Number PL20170004477, and authorize the release of the
maintenance security in the amount of $278,132.99. (District 1)
Resolution 2024-49
5) Recommendation to approve a Resolution for final acceptance of the
private roadway and drainage improvements and acceptance of the
plat dedications for the final plat of Esplanade at Hacienda Lakes
Phase 4, Application Number PL20180000648, and authorize the
release of the maintenance security in the amount of $363,307.05.
(District 1)
Resolution 2024-50
6) Recommendation to approve final acceptance of the potable water and
sewer utility facilities for Lake Park Diner at Founders Square,
PL20240000750. (District 3)
A final inspection by staff found these facilities to be acceptable
and satisfactory on March 1, 2024
B. TRANSPORTATION MANAGEMENT DEPARTMENT
1) Recommendation to approve and authorize the Chairman to execute
Grant Agreement No. LPA0494 with the Florida Department of
Environmental Protection (FDEP) for Golden Gate City Stormwater
Outfalls in the amount of $2,810,500, execute all necessary forms, and
authorize the necessary budget amendments (Fund 1841, Project
#51029). (District 3)
Replacing 15 stormwater outfalls
2) Recommendation to approve the selection committee’s ranking and
authorize staff to begin contract negotiations with Kisinger Campo &
Associates, Corp., related to Request for Professional Services
(“RPS”) No. 23-8164, “Design Services for Goodlette Frank Rd-
Vanderbilt Beach Rd to Immokalee Rd,” so staff can bring a proposed
agreement back for the Board’s consideration at a future meeting
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April 9, 2024
(Project #60259). (District 5)
3) Recommendation to approve an Agreement for the purchase of a
drainage easement (Parcel 145DE) required for the West Goodlette-
Frank Road Area Stormwater Improvement Project Phase 2 (Project
No. 60142). Estimated Fiscal Impact: $22,810. (District 4)
4) Recommendation to approve an Agreement for the purchase of a
drainage easement (Parcel 140DE) required for the West Goodlette-
Frank Road Area Stormwater Improvement Project Phase 2 (Project
No. 60142). Estimated Fiscal Impact: $7,990. (District 4)
5) Recommendation to approve three Resolutions authorizing the
Chairman to execute two Section 5311 Public Transit Grant
Agreements (FPN 451893-2-94-22 and FPN 454246-1-94-23), and
one Section 5339 Public Transit Grant Agreement (FPN 439255-1-94-
23) with the Florida Department of Transportation to accept Federal
Transit Administration grant funding in the total amount of
$1,398,274 for the purchase of two replacement buses and a support
vehicle to support fixed route services in the rural areas, and to
authorize the necessary Budget Amendments. (District 5)
Resolution 2024-51 (5311 - Support Vehicle); Resolution 2024-52
(5339 – Rural Services Bus Replacement); Resolution 2024-53
(5311 – Replacement Bus)
6) Recommendation to approve the attached Budget Amendment and
Amendment No. Five to Agreement No. 18-7382 - Professional
Services Agreement for Collier Area Transit Fixed Route, Demand
Response, and Transit Operations Management Services with MV
Transportation, Inc., to incorporate rates, make contract modifications,
and exercise the first renewal term. (All Districts)
C. PUBLIC UTILITIES DEPARTMENT
1) Recommendation to terminate for convenience Agreement No. 22-
7957 for “Electrical Component Services” with Swanson’s Electric,
Inc. (All Districts)
2) Recommendation to approve the selection committee’s ranking and
authorize staff to begin contract negotiations with the top-ranked firm,
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April 9, 2024
Johnson Engineering, Inc., related to Request for Professional
Services (“RPS”) No. 23-8193, “Design Services for Transmission
Water Main Improvements (Vanderbilt Beach Rd. and Airport Pulling
Rd.),” so that staff can bring a proposed agreement back for the
Board’s consideration at a future meeting (Projects #70268, #70285 &
#70286). (District 2)
3) Recommendation to award a $671,400.00 Purchase/Work Order
comprised of $621,400 as a negotiated lump sum payment for the
work, together with a $50,000 allowance to cover unforeseen work, to
Douglas N. Higgins, Inc., under Agreement No. 20-7800
Underground Contractor Services, and authorize the Chairman to sign
the Purchase/Work Order for NRO Wells 117N and 119N
Improvements - Raw Water Main Replacement (Project No. 70085).
(All Districts)
4) Recommendation to award Request for Proposal (RFP) No. 23-8124,
“Debris Monitoring and Disaster Planning Services,” to Tetra Tech,
Inc., as primary, and Thompson Consulting Services, LLC, as
secondary, and authorize the Chairman to execute the attached
Agreements. (All Districts)
D. PUBLIC SERVICES DEPARTMENT
1) This Item continued from the March 26, 2024, BCC Meeting.
Recommendation to approve and authorize an after-the-fact payment
in the amount of $14,268.87 to Robert Half International, Inc. for
temporary staffing services provided to support housing related
programs and find these expenditures have a valid public purpose.
(All Districts)
2) Recommendation to approve and authorize the Chairman to sign a
subordination agreement with Habitat for Humanity of Collier
County, Inc., to subordinate the County’s Home Investment
Partnership Act and the Community Development Block Grant
mortgages and Declaration of Restrictive Covenants due to lien
position order. (All Districts)
3) Recommendation to approve an after-the-fact grant application for a
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April 9, 2024
three-year Department of Labor Veteran’s Employment and Training
Service Grant in the amount of $1,279,413. (All Districts)
4) Recommendation to approve an after-the-fact submission Request For
Proposal to the Area Agency on Aging for Southwest Florida to
obtain the Community Care for the Elderly, Alzheimer’s Disease
Initiative, Home Care for the Elderly Lead Agency Designation in
order to provide case management services, home and community-
based services and other required Lead Agency functions of the
Community Care for the Elderly program for a total award amount of
$2,285,487.61, including the match requirement of $124,556.
(All Districts)
5) Recommendation to authorize the Domestic Animal Services Division
to participate in the Seniors for Seniors Program provided by For the
Love of Cats which pays the adoption costs for seniors to adopt senior
cats to increase cat adoptions. (All Districts)
6) Recommendation that the Board approves authorization to the
Domestic Animal Services Division to continue providing the Helping
Hearts Heal Program to facilitate medical treatment for animals with
heartworms that are in DAS custody or have been recently adopted.
(All Districts)
E. CORPORATE BUSINESS OPERATIONS
1) Recommendation to approve the Second Amendment to Agreement
#18-7263 for the County’s Visa Commercial Credit Card with J.P.
Morgan Chase Bank N.A. prepared by the Procurement Services
Division. (All Districts)
F. COUNTY MANAGER OPERATIONS
1) Recommendation to authorize expenditures under a single-source
waiver for a period of five years, in an amount not to exceed $100,000
per Fiscal Year, to obtain Original Equipment Manufacturer (“OEM”)
parts, and non-OEM parts, freight, and services from Tampa Truck
Center LLC, d/b/a Southport Truck Group, that are necessary to
maintain County-owned trucks and equipment. (All Districts)
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April 9, 2024
2) Recommendation to award Request for Proposal (“RFP”) No. 23-
8126, “Closed Circuit Television Systems (CCTV) Maintenance,
Repair, and Installation Services,” to Diamond Security & Sound,
LLC, and authorize the Chairman to sign the attached Agreement.
(All Districts)
3) Recommendation to approve a release of claims required by Sunshine
Lubes LLC, d/b/a Valvoline Instant Oil Change, for the corrected
repair of County vehicle CC2-705 resulting from a July 12, 2023, oil
change service. (All Districts)
4) Recommendation to authorize a Budget Amendment in the amount of
$467,500 within County Wide Capital Project Fund (3001) to realign
project to appropriate fund centers. (All Districts)
5) Recommendation to adopt a Resolution approving amendments
(appropriating grants, donations, contributions, or insurance proceeds)
to the Fiscal Year 2023-24 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)
Resolution 2024-54
6) Recommendation to authorize the County Manager as designee to
execute a Memorandum of Understanding with Volunteer Florida and
to accept an award of up to $250,000 for the repair of damage to the
Caxambas Park and Boat Ramp resulting from Hurricane Ian.
(All Districts)
7) Recommendation to approve and authorize the Chairman to sign an
Immokalee Impact Fee Installment Payment Plan Agreement with
Immokalee Fair Housing Alliance Inc., to allow $195,160.96 in
impact fees to be paid over 30 years as a special assessment for 16
affordable Multi-Family Rental Units within the Immokalee Fair
Housing Alliance RPUD Project. (District 5)
8) Recommendation to recognize and appropriate revenue in the Pelican
Bay Capital Fund (3041), transfer funds to Commercial Paper Fund
(2023) in the amount of $81,000.00 and authorize all necessary
Budget Amendments. (District 2)
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April 9, 2024
9) Recommendation to authorize early reopening of negotiations and
amendments to the Collective Bargaining Agreement between Collier
County and the Collier EMS/Fire Bargaining Unit, Southwest Florida
Professional Firefighters and Paramedics, Local 1826, District - 14,
International Association of Firefighters, Incorporated. (All Districts)
G. AIRPORT AUTHORITY
H. BOARD OF COUNTY COMMISSIONERS
1) Proclamation designating April 2024 as Water Conservation Month in
Collier County. To be delivered to Howard Brogdon, Water Director.
Adopted
2) Proclamation designating April 20, 2024, as Try Transit Day in
Collier County. To be delivered to Brian Wells, Director, PTNE.
Adopted
Moved to Item #4C (Per Agenda Change Sheet)
3) Proclamation designating April 2024 as Autism Acceptance Month in
Collier County. To be delivered to Stephanie Nordin.
I. MISCELLANEOUS CORRESPONDENCE
J. OTHER CONSTITUTIONAL OFFICERS
1) Recommendation to approve the use of $1,000 from the Confiscated
Trust Funds to support the Florida Agricultural Crimes Intelligence
Unit, Inc. (All Districts)
2) Recommendation to approve the use of $1,000 from the Confiscated
Trust Funds to support the National Law Enforcement Officers
Memorial. (All Districts)
3) 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 in the amount of
$49,117,816.44 were drawn for the periods between March 14, 2024,
and March 27, 2024, pursuant to Florida Statute 136.06. (All Districts)
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April 9, 2024
4) Request that the Board approve and determine valid public purpose
for invoices payable and purchasing card transactions as of April 3,
2024. (All Districts)
K. COUNTY ATTORNEY
1) Recommendation to reappoint two members to the Immokalee Local
Redevelopment Advisory Board. (District 5)
Resolution 2024-55: Reappointing Estil Null and Patricia Ann
Goodnight both w/terms expiring on April 4, 2027
2) Recommendation to approve and authorize the Chair to execute a
Settlement Agreement in the lawsuit styled Carla Davis v. Collier
County Board of Commissioners, et. al., (Case No. 23-CA-1105), now
pending in the Circuit Court of the Twentieth Judicial Circuit in and
for Collier County, Florida, for the sum of $9,500. (All Districts)
Moved to Item #12A (Per Agenda Change Sheet)
3) Recommendation to approve and authorize the Chair to execute a
Settlement Agreement in the lawsuit styled Aaron Oldfield v. Collier
County, (Case No. 22-CA-1851), now pending in the Circuit Court of
the Twentieth Judicial Circuit in and for Collier County, Florida, for
the sum of $130,000. (All Districts)
4) Request by the Collier County Industrial Development Authority for
approval of a resolution authorizing the Authority to issue revenue
bonds to be used to finance the construction of expansions and
improvements to the central water, wastewater, and reuse systems that
serve the Ave Maria University and Town, and the refunding of the
currently outstanding bonds from the Authority's issuance of bonds in
2005 to fund the initial construction of the system. (District 5)
Resolution 2024-56
L. COMMUNITY REDEVELOPMENT AGENCY
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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;
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April 9, 2024
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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Adopted – 5/0
A. This item requires that Commission members provide ex-parte
disclosure. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to approve Petition VAC-
PL20230005194, to disclaim, renounce, and vacate the County and the
public interest in a portion of Preserve and Replant Area PA-79 and all of
Preserve and Replant Area PA-86 of Vanderbilt Country Club-2, as recorded
in Plat Book 32, Pages 42 through 55 of the Public Records of Collier
County, Florida, located approximately one-quarter mile east of County
Road 951 (Collier Boulevard) and one-half mile north of Vanderbilt Beach
Road, in Section 35, Township 48 South, Range 26 East, Collier County,
Florida, and to accept Petitioner’s grant of a Conservation Easement to
replace the vacated Preserve and Replant Areas. (District 3)
Resolution 2024-57
B. Recommendation to transmit a Resolution of the Board of County
Commissioners proposing an amendment to the Collier County Growth
Management Plan, Ordinance 89-05, as amended, specifically amending the
Potable Water Sub-Element of the Public Facilities Element to amend Policy
1.7 to reference the updated ten-year water supply facilities work plan, and
amending the Capital Improvement Element to change the level of service
standards for county potable water systems and county sanitary sewer-
wastewater treatment systems; furthermore directing transmittal of the
amendment to the Florida Department of Commerce. (PL20240000400)
(All Districts)
Resolution 2024-58
C. This item requires that Commission members provide ex-parte
disclosure. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to approve Petition VAC-
PL20240000788, to disclaim, renounce, and vacate the County and the
public interest in the 30-foot-wide public road right-of-way easements, as
Page 17
April 9, 2024
described in Official Record Book 70, Page 504, Official Record Book 90,
Page 487, Official Record Book 111, Page 129, and Official Record Book
172, Page 596, of the Public Records of Collier County, Florida, located
approximately 1,050 feet east of Logan Boulevard and lying south of
Immokalee Road (CR-846) in Section 28, Township 48 South, Range 26
East, Collier County, Florida. (District 3)
Resolution 2024-59
18. ADJOURN
Inquiries concerning changes to the Board’s Agenda should be made to the County
Manager’s Office at 252-8383.
April 9,2024
Page 2
MS. PATTERSON: Chair, you have a live mic.
CHAIRMAN HALL: Good morning, everyone. Welcome to
the commissioner meeting.
Just as a little reminder, I want to ask you to please silence those
cell phones.
And, Commissioner McDaniel, is your mom watching this
morning?
COMMISSIONER McDANIEL: You betcha.
CHAIRMAN HALL: Ms. McDaniel, you did well. He looks
really nice today. I just wanted to commend you on that.
COMMISSIONER LoCASTRO: I have a few comments, Mrs.
McDaniel, but I'll call you privately. I'll call you privately.
COMMISSIONER McDANIEL: I want everybody to look at
the camera and wave to Mum.
COMMISSIONER LoCASTRO: Mom.
CHAIRMAN HALL: Hi, Mom. Well, that's great.
So we've got some proclamations to get started with and some
agenda approvals. Let's go with it.
MS. PATTERSON: Yes, sir. Let's start with our invocation
which is going to be led by Pastor Heath Jarvis from Faith Life
Naples, and we'll be following it with the pledge by Darlene
Headrick Izzo, VFW Post 7722 Auxiliary, trusty daughter of Vietnam
veteran.
CHAIRMAN HALL: Great.
Pastor Heath, if I could ask you, please, in your prayer this
morning, to add a little prayer for our Senate President Kathleen
Passidomo and her three girls.
PASTOR HEATH: Yes, sir.
COMMISSIONER McDANIEL: Amen.
Item #1A
April 9,2024
Page 3
INVOCATION BY PASTOR HEATH JARVIS FROM FAITH LIFE
NAPLES
PASTOR HEATH: Let's pray.
Father, we come before you today. We are thankful to live in
one of the most beautiful places on earth here in Southwest Florida.
Lord, I'm thankful that we live in a nation where we can come
before you today and we can pray, we can invoke your wisdom freely
without fear of reprisal from our government. Lord, I thank you that
we can invoke your wisdom as we make decisions today that affect
all who live here in Southwest Florida. What a privilege it is to live
here. What a privilege it is to be in the greatest nation on earth.
And, Father, we do lift up Senate President Kathleen Passidomo,
Lord, and her entire family. Lord, as they go through this transition,
Lord -- I know she lost her husband. Lord, I pray that you give them
peace and that your peace guards their heart and guards their mind.
But, Lord, for today's meeting I just ask that as we discuss all of
these issues that affect everyone who lives here, Lord, I pray that you
give us a peace and show us, Lord, how to only make the decisions
that you want us to make because your decisions, your guidance is
the best. We thank you for that.
And I pray this in the name of Jesus. Amen.
(The Pledge of Allegiance was recited in unison.)
Item #2A
APPROVAL OF TODAY'S REGULAR, CONSENT AND
SUMMARY AGENDA AS AMENDED (EX PARTE
DISCLOSURE PROVIDED BY COMMISSION MEMBERS FOR
CONSENT AGENDA.) - MOTION TO APPROVE BY
April 9,2024
Page 4
COMMISSIONER MCDANIEL; SECONDED BY
COMMISSIONER LOCASTRO – APPROVED AND/OR
ADOPTED W/CHANGES
MS. PATTERSON: Commissioners, agenda changes for April
9th, 2024, Board of County Commissioners meeting.
First, we have move Item 16.H.3 to 4.C. This is a proclamation
designating April 2024 as Autism Acceptance Month in Collier
County. To be accepted by Stephanie Nordin, founder and president
of Autism Collier, Inc. This move is made at Commissioner Hall
and Commissioner McDaniel's separate requests.
Move Item 16.K.3 to 12.A. This is a recommendation to
approve and authorize the Chair to execute a settlement agreement in
the lawsuit styled Aaron Oldfield versus Collier County now pending
in the Circuit Court of the 20th Judicial Circuit in and for Collier
County, Florida, for the sum of $130,000. This is being moved at
Commissioner McDaniel's request.
A couple of agenda notes. The companion listings for Items
9.A and 9.B should reference each other rather than how they are
currently listed, and the correct updated resolution for Item 17.C was
uploaded as a linked file after the agenda was published on the
afternoon of April 4th. This updated resolution can be found in a
linked file named "Resolution-031524 (correct)," in parens.
We have court reporter breaks scheduled for 10:30 and 2:50.
And with that, County Attorney.
MR. KLATZKOW: Nothing more. Thank you.
MS. PATTERSON: Thank you.
Commissioners, changes and ex parte on the summary
agenda -- or consent agenda.
CHAIRMAN HALL: Commissioner McDaniel.
COMMISSIONER McDANIEL: Good morning, Mr. Chair. I
April 9,2024
Page 5
have no further changes and ex parte only on 17.A.
CHAIRMAN HALL: Commissioner LoCastro.
COMMISSIONER LoCASTRO: No changes. On 17.A, I
have e-mails and nothing on 17.C -- and nothing else, just 17.A
e-mails.
CHAIRMAN HALL: Commissioner McDaniel -- I mean,
Commissioner Kowal.
COMMISSIONER KOWAL: No changes, and I have no ex
partes on the summary agenda.
CHAIRMAN HALL: Commissioner Saunders.
COMMISSIONER SAUNDERS: And, Mr. Chairman, I don't
have any changes to the agenda. I did have some -- a couple of
conversations in reference to Item 17.A.
CHAIRMAN HALL: Thank you. I have no changes and no
ex parte on summary.
MS. PATTERSON: If we could get a motion to approve the
agenda as amended.
COMMISSIONER KOWAL: So moved.
COMMISSIONER LoCASTRO: Second.
CHAIRMAN HALL: Motion and second. All in favor, say
aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN HALL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER KOWAL: Aye.
SEE REVERSE SIDE
Proposed Agenda Changes
Board of County Commissioners Meeting
April 9, 2024
Move Item 16H3 to 4C: Proclamation designating April 2024 as Autism Acceptance Month in Collier County.
To be accepted by delivered to Stephanie Nordin, Founder & President of Autism Collier Inc. (Commissioner
Hall’s and Commissioner McDaniel’s Separate Requests)
Move Item 16K3 to 12A: Recommendation to approve and authorize the Chair to execute a Settlement Agreement
in the lawsuit styled Aaron Oldfield v. Collier County, (Case No. 22-CA-1851), now pending in the Circuit Court of
the Twentieth Judicial Circuit in and for Collier County, Florida, for the sum of $130,000. (Commissioner
McDaniel’s Request)
Notes: The companion listings for items 9A & 9B should reference each other rather than how they are currently
listed.
The correct updated resolution for Item 17C was uploaded as a linked file after the agenda was published, on the
afternoon of April 4th. This updated resolution can be found in a linked file named "Resolution - 031524
(Correct)".
TIME CERTAIN ITEMS:
4/17/2024 12:10 PM
April 9,2024
Page 6
Item #2B
BCC MEETING MINUTES FROM MARCH 12, 2024 – MOTION
TO APPROVE BY COMMISSIONER MCDANIEL; SECONDED
BY COMMISSIONER LOCASTRO – APPROVED
MS. PATTERSON: Item 2B is approval of the meeting
minutes for March 12th, 2024.
COMMISSIONER McDANIEL: I'll make a motion for
approval.
COMMISSIONER LoCASTRO: Second.
CHAIRMAN HALL: All in favor, say aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN HALL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER KOWAL: Aye.
Item #4A
PROCLAMATION DESIGNATING APRIL 14 - 19, 2024, AS
NATIONAL PUBLIC SAFETY TELECOMMUNICATORS WEEK.
ACCEPTED BY SHERIFF KEVIN RAMBOSK, COLONEL JIM
BLOOM, CHIEF GREG SMITH, CAPTAIN CHRIS GONZALEZ,
MANAGER AMY TUFF, AND SEVERAL 911
TELECOMMUNICATORS - MOTION TO APPROVE BY
COMMISSIONER SAUNDERS; SECONDED BY
COMMISSIONER KOWAL – ADOPTED
MS. PATTERSON: That brings us to Item 4, proclamations.
Item 4A is a proclamation designating April 14th through 19th, 2024,
April 9,2024
Page 7
as National Public Safety Telecommunicators Week. To be
accepted by Sheriff Kevin Rambosk, Colonel Jim Bloom, Chief Greg
Smith, Captain Chris Gonzalez, Manager Amy Tuff, and Dispatcher
Gustavo Rodriguez Gonzalez and Dispatcher Ketnise Pierre. I
probably just killed her name. Congratulations.
(Applause.)
CHIEF CHOATE: Commissioners, while they take their seat,
Michael Choate, your executive director of Public Safety.
Sheriff, you've heard me say this many times. Manager Tuff's
heard me say this, Chief Smith, heck, Kevin Gonzalez, they've all
heard me say this so many times, but I'd love to say this publicly.
As an end-user of the system, when we push to talk, it's nice to have
that comforting voice on the other end, somebody who's gathering the
information, somebody who can remain calm and relay that
information to us. We absolutely appreciate you, Sheriff, and your
team.
And the dynamics that takes place within that comm center just
baffles my mind to walk in there. And if you've never been in
there -- Commissioner, you know it well. If you've never been in
that comm center, I would encourage you to do so and just stand back
for one hour and just watch what takes place.
Thank you, Sheriff.
SHERIFF RAMBOSK: Thank you, Chief.
Good morning, Chairman and Board. I'd like to thank you for
recognizing the members of our communications staff.
First of all, I'd like to thank you for your support of law
enforcement and public safety that built a state-of-the-art
communications center for this community. It's what helps us get
those emergency resources to calls for service and as quickly as we're
able to.
You know telecommunicators, really, when you talk about first
April 9,2024
Page 8
responders, are the first responders' first responder because they
intake the call, they provide information, they start to deescalate, they
provide emergency medical dispatch that ultimately saves lives.
So we have a terrific group of members that are there. I will
tell you out of the thousands and thousands of 911 centers and
communications centers across the country, your center here in
Collier County is only one of 138 nationally accredited for best
practices and best standards throughout the country.
So I'd like to recognize them for the fabulous job that they do
each and every day in helping protect not only our community but
supporting deputies, firefighters, and EMS personnel en route to calls
for service.
Thank you very much. We appreciate your support.
(Applause.)
Item #4B
PROCLAMATION DESIGNATING APRIL 2024 AS NATIONAL
CHILD ABUSE PREVENTION MONTH IN COLLIER COUNTY.
ACCEPTED BY LINDA GOLDFIELD, CHIEF EXECUTIVE
OFFICER FOR YOUTH HAVEN OF SWFL - MOTION TO
APPROVE BY COMMISSIONER SAUNDERS; SECONDED BY
COMMISSIONER KOWAL – ADOPTED
MS. PATTERSON: Item 4.B is a proclamation designating
April 2024 as National Child Abuse Prevention Month in Collier
County. To be accepted by Linda Goldfield, chief executive officer
for Youth Haven of Southwest Florida, and other distinguished
guests.
(Applause.)
MS. GOLDFIELD: Thank you, Commissioners, for raising
April 9,2024
Page 9
awareness of child abuse in our community. One in four children in
the United States are abused or neglected. On behalf of the children
of Youth Haven -- we have potentially 70 children that live on our
campus. We've been providing services in this community for over
52 years. We're grateful for your support, the community's support.
Together, as a community, we make a difference in the children's
lives in our community and ensure that they have better outcomes.
And thank you for your support.
(Applause.)
Item #4C – Moved from Item #16H3 (Per Agenda Change Sheet)
PROCLAMATION DESIGNATING APRIL 2024 AS AUTISM
ACCEPTANCE MONTH IN COLLIER COUNTY. DELIVERED
TO STEPHANIE NORDIN - MOTION TO APPROVE BY
COMMISSIONER SAUNDERS; SECONDED BY
COMMISSIONER KOWAL – ADOPTED
MS. PATTERSON: Item 4.C, formerly 16.H.3, is a
proclamation designating April 2024 as Autism Acceptance Month in
Collier County. To be accepted by Stephanie Nordin, founder and
president of Autism Collier, Inc.
Congratulations.
(Applause.)
MS. OLIVIA: Hi. My name is Olivia. I have autism myself.
I appreciate and thank the commissioners for their declaration of
Autism Acceptance Month in Collier County.
Having autism myself, I previously felt unheard and ignored by
our local government, but this demonstrates a welcomed shift
towards awareness, and I hope and pray that more changes will be
made for people on the spectrum.
April 9,2024
Page 10
(Applause.)
MS. NORDIN: Good morning. This month we embark on a
month of significance, Autism Acceptance Month.
MR. MILLER: Can you state your name?
MS. NORDIN: Oh, sure. My name's Stephanie Nordin. I'm
the president and founder of Autism Collier, and we're going to talk
about Autism Acceptance Month.
This is not just a time for awareness but a period of action,
reflection, and, most importantly, understanding and embracing the
beautiful diversity that autism brings into our lives.
In the heart of every story of struggle, there is a lesson of
profound acceptance. This truth became my guiding light through a
journey that began with my two beautiful identical boys. Their
unique view of the world opened my eyes to the true essence of
acceptance. They teach me in their unique way that acceptance is
not a choice, but it is a necessity for serenity.
Acceptance isn't a journey to be undertaken alone. It is a
community-wide mission requiring the hearts and hands of every one
of us.
From the early days of navigating through uncertainties and
barriers, I've witnessed the transformative power of a community
united in acceptance and love. It takes a village to raise a child, and
for families like mine, this village extends to every corner of our
world.
For those who may not know, autism is also known as autism
spectrum disorder. It is a complex neurological condition that
involves persistent challenges in social interaction, speech, nonverbal
communication, restrictive or repetitive behaviors.
The effects of autism and the severity of the symptoms vary
greatly among individuals. So imagine it like a spectrum. On one
end, you may have someone with mild challenges. They can live
April 9,2024
Page 11
independently. And on the other end of the spectrum, there is
somebody who has more profound challenges, and they need more
support.
One way to think about autism is to imagine the processing
centers of our brain, our computer system, and they're wired
differently than what's typically expected. This can make social
interactions, communication, adapting to changes challenging for
someone with autism; however, with supports and therapies tailored
to their needs, many people with autism can lead fulfilling lives
contributing uniquely to their communities.
Autism Acceptance Month marks the shift from mere awareness
to a celebration of belonging, equal opportunities, and the invaluable
contributions of individuals with autism. There are 5.4 million
adults with autism, and one in 36 children in the United States. So if
we broke that down to Collier County, we have about 60,000 kids
here, and that would mean that 1,900 of them live here today with
autism.
As the founder of Autism Collier and mom to two boys on the
spectrum, I've seen the shift in dialogue surrounding autism from a
narrative focused on a cure to one that celebrates acceptance and
understanding. And acceptance is, indeed, an action, a commitment
to change not just in our language but in our perspectives and
interactions with people with autism.
Our journey doesn't end with acceptance. It's merely the
beginning. It's a call to action for each of us to contribute to
building a world where individuals, regardless of their differences,
find their rightful place and purpose. We must move beyond
acceptance to representation, celebration, and ultimately liberation.
Today, as we embrace Autism Acceptance Month, let's renew
our commitment not to just speak about acceptance but to embody it
in our actions, policies, and community engagements. Together we
April 9,2024
Page 12
can pave a way for our future where every member of the autism
community is valued, understood, and celebrated.
Thank you, Collier County. Thank you, Commissioner
Saunders, for helping champion this. Together we will create a
world of understanding and opportunities for all. Let us be the
change that we wish to see. Let's embrace this month not just with
awareness but with a heart full of action and change.
Thank you for being here and for listening to me and joining
Autism Collier on this significant journey. Together we can make a
lasting difference, ensuring a future where everyone has access to
happiness, growth, and independence. Thanks.
(Applause.)
COMMISSIONER SAUNDERS: Mr. Chairman, if I could ask
Stephanie a question.
MS. NORDIN: You may.
COMMISSIONER SAUNDERS: I may be putting you on the
spot, and I apologize for that. I probably should have said
something beforehand.
MS. NORDIN: That's okay. That's better than scripts.
COMMISSIONER SAUNDERS: Yeah. Well, you and I had
a conversation several weeks ago about some problems in the county
and city parks in terms of facilities and that sort of thing, and I
thought maybe -- you've got everybody's ear this morning. Maybe if
you could spend a couple minutes telling us what we can do to help
you with some of the issues that you're dealing with, especially as it
relates to our park system.
MS. NORDIN: Oh, my goodness. Okay, sure. Thank you.
COMMISSIONER SAUNDERS: This is not scripted. I just
thought --
MS. NORDIN: No, it sure isn't.
COMMISSIONER SAUNDERS: I'm putting you on the spot,
April 9,2024
Page 13
but I think --
MS. NORDIN: And I'm really appreciative of that.
So we have -- like I said, we've got about 1900 kids in our
county on the spectrum, and many of them need additional support.
So our camps in our area -- I believe we have one in the Golden Gate
Community Center and River Park Community Center with the City
of Naples. Between 1900 kids, there's not a lot of options for
summer school, after-school programs. There isn't after-school after
elementary, and we are looking for community-wide engagement. It
would take all of us to sit together and work on how we could create
these opportunities for these families so that they can go to summer
camp.
COMMISSIONER SAUNDERS: So thank you. I just wanted
the Commission to hear that we may need to take a look at some of
the things we do in our summer camps. Obviously not --
MS. NORDIN: I do have ideas, but that's in a pile of research
at home. So I'd love to sit and talk with you-all about ways that we
can make our camps more inclusive.
COMMISSIONER SAUNDERS: Well, that was my purpose
was opening the door for that.
MS. NORDIN: Thank you, sir.
COMMISSIONER SAUNDERS: Take advantage of that
because I think everybody's listening.
MS. NORDIN: I will.
COMMISSIONER McDANIEL: Stephanie, don't go away.
MS. NORDIN: Yes. Yes, Commissioner McDaniel.
COMMISSIONER McDANIEL: Good morning.
MS. NORDIN: Good morning.
COMMISSIONER McDANIEL: Have you had any experience
with Goodwill's Pathways?
MS. NORDIN: Yes.
April 9,2024
Page 14
COMMISSIONER McDANIEL: Okay.
MS. NORDIN: Yes, I know Jessica Tursi who --
COMMISSIONER McDANIEL: One of my suggestions might
be -- because we already have a relationship with Goodwill, is maybe
engaging with them with the Pathways program we have at Goodwill
that is an amazing program that helps folks. I might suggest that
maybe our staff reach out and have a discussion with Goodwill about
engaging there to assist with the parks program and the summer camp
program. That's one of the things that Pathways, in fact, does is
assists with both the families and the folks that are -- that are on the
spectrum to be able to live a more normalized live, so...
MS. NORDIN: Thanks. Great. Thank you.
COMMISSIONER McDANIEL: Yes, ma'am.
MS. NORDIN: Oh, okay. So thanks, Gail.
Well, one of the things I missed there when I was talking about
summer camps is right now the parents have to pay for personal-care
support, and I am fortunate enough that my children receive the
Home and Community-Based Waiver -- which is quite a process.
There's about a 10-year waitlist -- so that we can have personal-care
supports in our -- to go with my boys, but the average family here
doesn't. And the cost of that, over the course of nine weeks in the
summer, is about 25,000 in addition to your regular camp fees to
bring somebody with your child to camp to be a one-on-one support.
So that's really where we need to troubleshoot how we're going to
work that out.
Thanks, Gail.
CHAIRMAN HALL: Thank you, Stephanie.
MS. NORDIN: Go ahead, Olivia.
MS. OLIVIA: Commissioners, I just want to say one thing.
What Stephanie Nordin was talking about, the summer camps, the
other thing that adults with autism struggle with, too, is housing and
April 9,2024
Page 15
financial support. We don't have the support. We have to always
ask our parents or someone to always help us.
Housing is horrendous. Getting a job, we can only make a
certain amount. So if we make over that, we'll lose our income, and
we really need to help people on the spectrum find a better way to,
like, financially help us.
MS. NORDIN: And that's a great thing for Pathways to talk
about. Thank you.
CHAIRMAN HALL: Thank you, Olivia.
MS. NORDIN: Thank you.
(Applause.)
MS. PATTERSON: Commissioners, if we can get a motion to
accept the proclamations.
COMMISSIONER SAUNDERS: So moved, Mr. Chairman.
COMMISSIONER KOWAL: Second.
COMMISSIONER McDANIEL: Second.
CHAIRMAN HALL: Moved and seconded. All in favor, say
aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN HALL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER KOWAL: Aye.
Item #5A
ARTIST OF THE MONTH – VARIOUS COLLIER COUNTY
PUBLIC SCHOOL STUDENTS
MS. PATTERSON: Commissioners, that brings us to Item 5.A,
Artist of the Month, if I can direct your attention to the back of the
April 9,2024
Page 16
room.
The April Artist of the Month showcases the talented winners of
the 2025 Keep Collier Beautiful calendar art contest. For 26 years,
Keep Collier Beautiful has diligently organized this art contest with
invaluable support from Collier County's Solid Waste division.
Collier County students from the 1st through 12th grades are
annually encouraged to submit original artwork that emphasizes
recycling, proper disposal, and the students' passion for the
environment.
Many of these talented students also participate in Keep Collier
Beautiful's annual community-wide cleanups, including the Great
American Cleanup on April 20th and the International Coastal Zone
Cleanup on September 21st, 2024.
Item #7
PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE
CURRENT OR FUTURE AGENDA
MS. PATTERSON: With that, that brings us to Item 7, public
comments on general topics not on the current or future agenda.
Troy.
MR. MILLER: Mr. Chairman, we have six registered speakers
this morning. Your first speaker is Laurie Harris. She'll be
followed by Darleen Santos.
MS. HARRIS: Good morning, Commissioners. I'm here
again. So -- Laurie Harris, Marco Island, Florida. And I thank you
again for your time.
As expected, the Collier County Domestic Animal Services
Advisory Board has reselected their chosen candidate for the at-large
seat. The process was confusing. Despite checking the recording
April 9,2024
Page 17
several times, I don't know how the votes were counted.
I have applied for the at-large seat because of my drive to serve
this community and use my eight years of volunteer insider
experience to suggest improvements. The chairman questioned me
appearing in front of you to advocate for my candidacy as being
divisive while my number-one goal is to bring all parties together as
one team.
And this I'm quoting: The Animal Services Advisory Board is
a seven-member board that was created on January 27th, 2004, by
Ordinance No. 2004-06, to make recommendations to the Board of
County Commissioners on programs, services, classes, special events
that will further assist Collier County Domestic Animal Services by
providing the best possible service to the community. Since the
advisory board has not presented to the Board of County
Commissioners in five years, that I know of, as required by this
ordinance, it is not a functioning board.
The chairman also reduced meetings from 12 per year to four
per year.
Commissioner Saunders was gracious enough to come to the
February meeting and let the advisory board know that they're in the
budget process now, to come to us with your budget needs for next
year.
Collier County [sic] Patterson, also gracious enough to come to
the April 1st meeting with a similar message.
Public works department, Tanya Williams, gracious enough to
come with the understanding of the urgency to get workshops going
to get this budget done for the advisory board.
It took Advisory Board Member Officer Rego to point out that
workshops need to be scheduled sooner rather than later, since the
next advisory board meeting isn't until July.
I checked the website as of this morning. Still no workshops
April 9,2024
Page 18
have been scheduled. And unless the chairman schedules a regular
board meeting in May, the July meeting will be too late for the
process.
I point this out to you, since a nonfunctioning board will
continue to have the problems escalate to Ms. Williams,
Mr. Rodriguez, or Ms. Patterson, and I am certain they would
appreciate a functioning board.
I spent almost 20 years in corporate HR. This experience has
taught me to be highly organized, collaborative -- collaborate
effectively, and recognize the need to plan well ahead of time.
I ask you to choose the applicant who is most qualified for the
position. If you do not believe that is me, no problem. I will
support the current -- the board that is put in place to the best of my
ability to support them in their mission. Respectfully submitted.
CHAIRMAN HALL: Thanks, Ms. Harris.
MR. MILLER: Your next speaker is Darleen Santos. She'll be
followed by Eva Front.
MS. SANTOS: Good morning, Commissioners. And I'm
Darleen Santos, and I'm pleased to be here. This is new for me,
appearing -- meeting all you, appearing before the Board.
I'm a resident of Collier County for 15 years, and I am also a
foster volunteer at Humane Society, Naples, for eight years. And I
just feel strongly about giving back to this beautiful community with
my heart devoted to the vulnerable, voiceless animals of Collier
County.
I'm here today in support of Laurie Harris, who has applied for
the open seat at-large on the Domestic Animal Services board.
Ms. Harris has been volunteering for the past consecutive eight years,
and I've met her in this room. I don't know her, but I just attended a
few meetings, and she spoke, and I liked what she had to say and her
dedication. It's my understanding that none of the other candidates
April 9,2024
Page 19
have been involved in our local shelter in such a manner for that
length of time. I've witnessed her commitment and drive to improve
animal outcomes to better serve the Collier County community.
In addition, I'd like to draw attention to some of her experience
and background: Community services; U.S. Coast Guard, auxiliary
staff officer; coxswain instructor; DAS volunteer since 2016;
Guardians of Florida Animal Rescue, adoption coordinator, 2021;
and also Marco Island Patriots; and a church volunteer. Her
education is St. John's University, bachelor’s in science, 1987.
Positions held: 20 years in human resources in corporate
business administration, positions at Merrill Lynch and the Dun &
Bradstreet Corp, completed her career as vice president employee
benefits in stock programs at Nelson Media Research in 2003. And
more information is on her application.
On a personal note, I've attended several DAS advisory board
meetings and believe bringing in fresh ideas, perspectives, and
enthusiasm will greatly benefit the residents and the vulnerable
animal population in Collier County.
I've followed DAS for some time now and would like to get
more involved, having noted little public participation at the last four
meetings that I've attended.
I close with, Commissioners, you have exemplified great
courage and spearheaded many changes in Collier County. I remain
hopeful that when choosing your selection, you will, once again, use
your extensive expertise and select the most qualified candidate while
at the same time keeping the doors open for new members and
growth.
I thank you, Darleen Santos, a voice for the voiceless.
MR. MILLER: Your next speaker is Eva Front. She'll be
followed by Garrett F.X. Beyrent.
MS. FRONT: Good morning. Good morning, commissioners.
April 9,2024
Page 20
So I have a short clip from the last DAS, Domestic Animal Services,
for us all to understand and maybe hope for constructive feedback, at
the end of my speech, if you wouldn't mind.
CHAIRMAN HALL: Sure.
MS. FRONT: It's a minute, maybe.
CHAIRMAN HALL: How short?
MS. FRONT: Yes, it's very short.
CHAIRMAN HALL: Thanks.
MS. FRONT: Good morning. My name is Eva Front, and I
am a full-time Collier County resident. I'm honored to speak today
in front of you in support of Ms. Laurie Harris' candidacy for
Domestic Animal Services Advisory Board.
Please allow me to use this opportunity to express my gratitude
and appreciation for our county management, Ms. Patterson and
Mr. Rodriguez, for listening and acting on public concerns;
Ms. Perry, DAS director, patiently responding to my calls and
e-mails, explaining the reasoning behind certain processes; and also
to you, county commissioners, for swiftly approving, last year, an
increase of DAS spending for up to $850,000 for outsourcing
veterinary sources when that action was desperately needed.
Laurie Harris graduated St. John's University. Over the last
eight years, she has served our community as DAS volunteer. She
also volunteers at Gardens of Florida Animal Rescue, Marco Island
Patio [sic] and Presbyterian Church. Working within such a variety
of organizations shows she's incredibly adaptable and can handle any
task that comes her way.
With over 20 years of experience in human resources, I am
confident that she will be able to use her interpersonal skills in
uniting local rescues under one mission: To help our community
become a better place and, by doing so, help you achieve the goal of
making Collier County the No. 1 place to live and play in the United
April 9,2024
Page 21
States.
Commissioners, you have attended such a large number of board
meetings at the highest level. Please allow me to take you, for a few
seconds, to the recent DAS advisory board meeting hoping you will
be able to give all parties involved constructive feedback.
And, Mr. Miller, if you could start at the 47-minute mark.
(A video was played as follows:)
-- like to retain her on the board.
Are we allowed to discuss the candidates amongst us, or no?
I don't see why not. Would you rather do that?
Yeah, I mean, I --
Okay.
I just -- I just want us to think about moving forward before we
vote. We talked a little bit last time about, you know, maybe
changing. And I know I'm staying on, so this is probably the last
person that should say this, but my position, as appointed, that there
is some benefits in sometimes rotating new faces and new
perspectives onto the board, so that's just something that I want
people to consider, and to make sure that this board is a reflection of
our community.
I would agree with you, and I remember you pointing to the fact
that I have been on this board a long time and maybe it was time.
Having said that, I think I probably bring more to this board than
most -- most of you, okay.
I spend hours and hours and hours on things. I don't know if
anyone else brought these things or realized that we didn't have the
paperwork that we should have had -- so do that.
So you've been on this board for two years now? Okay. And I
respect you being here, and I like you being on the board, but I don't
recall a lot of things you've brought to the board in your last two
years, and you're one of our newest members. But you are correct,
April 9,2024
Page 22
sometimes new blood does help.
(The video concluded.)
MR. MILLER: That was the clip.
MS. FRONT: It kind of went on with, you know, another
member. And it's just that whole process of voting for the existing
member was kind of confusing. You're welcome to look at that clip.
It's kind of -- it goes on a little more.
CHAIRMAN HALL: Thank you, Ms. Front.
MS. FRONT: Thank you so much.
MR. MILLER: Your next speaker is Garret F.X. Beyrent.
He'll be followed by Richard Schroeder.
MR. BEYRENT: For the record, Garret F.X. Beyrent.
This is a public service announcement for everybody. You've
got less than a week to file your income tax returns, and the federal
government -- oddly enough, I took the short form because my total
income is under the poverty level. I make less than $30,000 a year
for the last 25 years. But it was interesting because -- I go to the
library because all my sources of everything is our great library
system we have, and they had laid out all of the forms -- you can get
the paper forms, because I'm computer illiterate for the most part.
And the long and short was I picked the shortest form at the end,
right? Because it says for adult seniors filing by themselves, and I
filled it all out, and I sent it in about two weeks ago. I figured I'm
not going to be late ever. Even though all of my accountants are
dead for the last half a century, I'm definitely going to be on time.
Well, four days ago -- this is true -- I got a bill from the Treasury
department for $1,215. Now, how they have ever translated that
paperwork that fast -- I was like, man, these guys really are after the
poor people, even the poor people that are battling on other avenues.
But it's interesting that now, according -- because I called up the
Treasury department, and they said, well, this all started, off the
April 9,2024
Page 23
record, they said, when apparently Joe Biden came up with the idea,
well, I'm going to go after Donald Trump and bring him to his knees.
I'm going to go after all his money and everything. I'm going to do
all that bad stuff you can legally do. But the Treasury department
actually works independently of all political people.
And, unfortunately, Joe Biden was not aware of all the bad stuff
his own son did; probably worse or at least equivalent to Donald
Trump.
So unless you guys want to all get the same -- in my boat, which
you don't want to be, make sure that you file all of your tax returns
before the 15th of April.
So thank you for letting me share that with you.
MR. MILLER: Your next speaker is Richard Schroeder. He'll
be followed by Katie Tardif.
DR. SCHROEDER: Thank you. Richard Schroeder, retired
physician.
I'm just continuing a discussion I started a couple of meetings
ago about the medical risks of wireless radiation and how it affects
our community specifically. And today I want to just focus on smart
meters, okay, that we all have -- many of us have on our homes,
anyway.
The entire electrical distribution system in the U.S. and in many
countries is being converted into something called a smart grid to
distribute electricity more efficiently and for other reasons probably
as well.
Everyone's electric meter is now digitized and continuously
records information about our electronic usage and automatically
broadcasts that information back to the electric company every few
seconds or minutes day in and day out in one of three ways: Either
1, with microwave antennas; No. 2, over the power lines themselves;
or, No. 3, via fiberoptic cable. Actually, none of these methods are
April 9,2024
Page 24
safe.
Microwave technology is used for the smart meters in most
communities, and I presume ours, and communicates between all
sorts of gadgets within the home to broadcast towers on utility poles
that then rebroadcasts these little data packets back to the utility
company sometimes as often as 10,000 times a day and in some cases
as often as 132 times per second.
So as a consumer, you're exposed to radiation from three
sources: No. 1, the smart meter; No. 2, the relay tower in your
neighborhood; and actually, No. 3, the electric wiring in your home.
So this actually makes -- you know, it ends up making smart meters
more dangerous to your health than cell phones from the standpoint
of radiation you receive from these devices.
So smart meters can cause harm even when they do not exceed
the FCC's exposure limits. Recall that the FCC's exposure limits
have no validity, actually, because these limits protect only against
gross heating by high levels of radiation, and that's not even what
you're getting with these short-wave pulsatile radiation from smart
meters and phones.
They do not protect against direct damage to the heart, nervous
system, and other organs that can occur with extremely low
nonthermal levels of radiation.
So why am I reminding you of all this, even the smart meters
and the buying into the federally mandated so-called smart grid is
mostly a done deal in this community? And people sometimes don't
care anyway as much for their health as they do for conveniences and
routines.
Well, remember that I said last time that smart technology,
"smart," meaning secret military armaments for residential
technology, was developed by the military as a dual-use technology
and is strongly suspected of being used as an incendiary weapon
April 9,2024
Page 25
against noncombatant citizens?
And so I will continue this the next time with where I'm going
with this. But it does -- it does represent something of significance
to the future of this community, I do believe. So we'll talk to you
soon.
MR. MILLER: Your final speaker under Item 7 is Katie Tardif.
MS. TARDIF: Hi, thank you. Thank you, Commissioners, for
this opportunity to speak with you.
What I'm addressing today is something that we learned recently
in Lely Resort which is that there's talk of a Costco, a big-box Costco
coming in. Yeah, I know, it's all talk, for now.
But when -- as it -- I also want to say, we're big fans of Costco.
We love shopping at Costco. We have no trouble driving the
distance to go to Costco that already exists in Naples. And our
feeling is that we don't -- we're not looking for box stores and
box -- and more retail, especially in a corner that's already clustered
with two gas stations, one of them also being huge.
But the challenge is best use of land, and the process for
the -- the approval process for a project like the Costco and
multi-store complex going in. And so we're -- we know that it hasn't
launched, but we do know that it's in the thinking process, and we
very much hope there will be a lot more said by the commissioners
about that project.
The people that I talk to are not -- love Costco, not in favor.
And it's not this "not in my backyard" thing. It is we don't need
more of that kind of development. We already have it.
So thank you very much. I appreciate your time and your ears
and listening. Bye-bye.
MR. MILLER: That was our final speaker for Item 7.
Item #9A
April 9,2024
Page 26
ORDINANCE 2024-18: A REZONING ORDINANCE FOR THE
NBC RV MIXED-USE PLANNED UNIT DEVELOPMENT, A
PORTION OF WHICH REMAINS IN THE RURAL FRINGE
MIXED USE DISTRICT-RECEIVING LANDS ZONING
OVERLAY, TO ALLOW UP TO 356,000 SQUARE FEET OF
COMMERCIAL AND INDUSTRIAL USES AND 75 TRAVEL-
TRAILER-RECREATIONAL VEHICLE CAMPGROUND UNITS
ON PROPERTY LOCATED 450± FEET NORTHEAST OF THE
INTERSECTION OF BASIK DRIVE AND TAMIAMI TRAIL
EAST, 5 MILES EAST OF COLLIER BOULEVARD IN SECTION
18, TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER
COUNTY, FLORIDA, CONSISTING OF 34± ACRES; AND BY
PROVIDING AN EFFECTIVE DATE. (COMPANION TO ITEM
#9A) (DISTRICT 1) - MOTION TO APPROVE W/CHANGES BY
COMMISSIONER LOCASTRO; SECONDED BY
COMMISSIONER MCDANIEL – ADOPTED
Item #9B
ORDINANCE 2024-19: AN ORDINANCE AMENDING THE
FUTURE LAND USE ELEMENT AND FUTURE LAND USE
MAP AND MAP SERIES OF THE GROWTH MANAGEMENT
PLAN TO CREATE THE EAST TAMIAMI TRAIL MIXED USE
SUBDISTRICT, TO ALLOW UP TO 356,000 SQUARE FEET OF
GROSS FLOOR AREA OF HEAVY COMMERCIAL AND
INDUSTRIAL USES, AND UP TO 75 TRAVEL TRAILER-
RECREATIONAL VEHICLE CAMPGROUND UNITS. THE
SUBJECT PROPERTY IS LOCATED 450± FEET NORTHEAST
OF THE INTERSECTION OF BASIK DRIVE AND TAMIAMI
TRAIL EAST, 5 MILES EAST OF COLLIER BOULEVARD, IN
April 9,2024
Page 27
SECTION 18, TOWNSHIP 51 SOUTH, RANGE 27 EAST,
COLLIER COUNTY, FLORIDA, CONSISTING OF 33.523±
ACRES (COMPANION TO ITEM #9B) (DISTRICT 1) - MOTION
TO APPROVE W/CHANGES BY COMMISSIONER LOCASTRO;
SECONDED BY COMMISSIONER MCDANIEL – ADOPTED
MS. PATTERSON: Commissioners, that brings us to Item 9.
Item 9.A and Item 9.B are companion items. They have both been
continued from the March 12th, 2024, BCC meeting. They will both
require ex parte disclosure to be provided and for all participants to
be sworn in by the court reporter.
Item 9.A is a recommendation to approve a rezoning ordinance
for the NBC RV Mixed-Use Planned Unit Development, a portion of
which remains in the Rural Fringe Mixed-Use District Receiving
Lands Zoning Overlay, to allow up to 356,000 square feet of
commercial and industrial uses and 75 travel trailer/recreational
vehicle campground units on property located 450,000 plus/minus
feet northeast of the intersection of Basik Drive and Tamiami Trail
East, five miles east of Collier Boulevard, in Section 18,
Township 51 South, Range 27 East, Collier County, Florida,
consisting of 34 plus/minus acres and by providing an effective date.
Its companion, Item 9.B, is a recommendation to approve an
ordinance amending the Future Land Use Element and Future Land
Use Map and map series of the Growth Management Plan to create
the East Tamiami Trail mixed-use subdistrict to allow up to 356,000
square feet of gross floor area of heavy commercial and industrial
uses and up to 75 travel trailer/recreational vehicle campground units.
The subject property is located 450 plus/minus feet northeast of the
intersection of Basik Drive and Tamiami Trail East, five miles east of
Collier Boulevard in Section 18 Township 51 South, Range 27 East,
Collier County, Florida, consisting of 33.523 plus/minus acres.
April 9,2024
Page 28
First, ex parte from the commissioners, please.
CHAIRMAN HALL: Ex parte, Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes. I've had meetings and
e-mails.
CHAIRMAN HALL: Commissioner LoCastro.
COMMISSIONER LoCASTRO: Meetings and e-mails as well.
CHAIRMAN HALL: Commissioner Kowal.
COMMISSIONER KOWAL: Meetings and e-mails also.
CHAIRMAN HALL: Commissioner Saunders.
COMMISSIONER SAUNDERS: I've had meetings, e-mails,
and calls.
CHAIRMAN HALL: Well, aren't you special.
COMMISSIONER McDANIEL: Aren't you special.
CHAIRMAN HALL: And I've had meetings and e-mails as
well.
MS. PATTERSON: All right. We now need all participants to
be -- to stand up and 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: With that, Mr. Davies.
MR. DAVIES: Thank you, Ms. Patterson.
Good morning, Commissioners. Noel Davies with the law firm
of Davies Duke here on behalf of the applicants this morning.
We were last in front of you on March 12th. There we go.
And since then, we're happy to present some additional changes that
we've worked through and worked on with your staff. We have
some additional aerials, some additional exhibits to share with you.
My client representative, Keith Basik, is here today. Keith and
his family have been in Collier County since the 1970s. Bob
April 9,2024
Page 29
Mulhere and Ellen Summers with Bowman are our professional
planners. Norm Trebilcock is our transportation engineer.
You're all familiar with the project site. It's approximately 33
and a half acres. We're five miles east of the intersection of Collier
Boulevard and the East Trail. And our pending applications include
a rezone to PUD and corresponding GMPA.
We're proposing approximately 356,000 square feet of
commercial and industrial as well as 75 travel trailer/recreational
vehicle spaces.
Regarding the discussion last time with respect to the crushing
use at the northwest corner of the property, you'll recall we had
agreed to a 40-foot height limitation for the stockpiling. We've since
been able to reduce that to 30 feet. And we've added that specific
language to the PUD document, which your staff has reviewed and
accepted.
There was also discussion regarding a five-year evaluation. We
are agreeable to making that an annual evaluation.
Here is a line-of-sight exhibit that we prepared with respect to
our neighbors to the east, all of which are zoned agricultural. None
of the neighbors have objections to this project. Our client has
agreed, as you know, to a 10-foot-high concrete wall as well as a
20-foot-tall landscape buffer, and there is at least 300 feet of
separation, sometimes much more than 300 feet, between the portion
of the site allocated to the crushing use and the residences to the east.
As I mentioned last time, this is the appropriate location within
the county for this type of project, and your staff agrees there are
existing industrial uses all along the western perimeter of the subject
property.
Here are photos of the two concrete batch plants that sit
immediately adjacent to our west. These are both approximately
50 feet in height, and there is a height limitation for stockpiling of
April 9,2024
Page 30
50 feet as compared to our 30-foot limitation.
We have had two neighborhood information meetings with
respect to this project. We've worked closely with our neighbors
throughout the process, including on all of the conditions which,
again, include the 10-foot wall, the 20-foot landscaping, the specific
siting and separation, and we're also committing to that annual review
and the 30-foot height limit as well as state-of-the-art technology and
water spray systems.
Because of the thoroughness of all of these conditions, there
have been no public speakers opposing this project. And as you
know, your staff is recommending approval, and we respectfully
request your vote of approval today.
Thank you very much, Commissioners. I'm here to answer
your questions.
CHAIRMAN HALL: Commissioner McDaniel.
COMMISSIONER McDANIEL: And this may be -- we have
another item coming up today dealing with staff's interpretation of
PUDs being inclusive in the Live Local.
MR. DAVIES: Yes, sir.
COMMISSIONER McDANIEL: And I would like to
know -- and this is new. I just -- I didn't -- when we met -- I think
we met last week. I didn't give consideration to staff's interpretation
for the conversion of the commercial and industrial over to high
density. And I would like to know if your client would be agreeable
to adding language to the PUD to prohibit that automatic conversion
under the Live Local.
MR. DAVIES: So to prohibit the ability to use the Live Local
Act because --
COMMISSIONER McDANIEL: Without amending the PUD,
yes, sir. Yes, sir. I just -- in the event that at some stage there is
interpretation that comes across. We have -- we have yet to set
April 9,2024
Page 31
policy. We won't do that until later on today, and then that
discussion will ensue as to whether or not the Board, in fact, sets that
policy. But I would like to -- I would like to ask if that would be
agreeable for your client.
MR. DAVIES: No objection from my client. I mean, we'd
like to look at the specific language, but I think I understand the
intent and the concept, Commissioner, and my client doesn't have an
objection to that.
COMMISSIONER McDANIEL: Okay. And do you want to
make the motion for approval?
COMMISSIONER LoCASTRO: Well, I was going to make a
motion, but I just wanted to go on record saying I've spent a bit of
time talking with Mr. Davies and his client. You know, I seem to
have all the rock-crushing lots in my district. But you know, putting
them on Santa Barbara and Davis isn't the same as putting it in this
location. And maybe no location's perfect, but there's certainly a lot
of imperfect locations.
This one's not imperfect. It puts it where it needs to be. And
what we also need to -- people need to realize, there's a purpose for
these type of operations. So citizens that just say they shouldn't be
anywhere, well, then all of this stuff winds up in our landfill, and then
people hate that. You know, that's the, you know, same folks that
say we're not doing anything for affordable housing, and then the
second we build affordable housing they say, "Well, oh, but I didn't
mean there." So there's a purpose for this.
I like the changes that you've made. I also like that we're
dealing with -- it is important to me when we're dealing with an
applicant, a legal firm, that we have a rapport with. So even when it
says "every year" in here, I have no worries that if, you know,
Ms. Cook or Ms. [sic] French or, you know, our county team went by
that location and didn't [sic] see something that they didn't like, that
April 9,2024
Page 32
we'd be able to get you on speed dial. And that's not the same. You
know, there's some builders that have come here and half built
something and abandoned it, and we couldn't track them down even
just for a quick question.
So, you know, when I look at all things concerned here and the
changes that you've made, I mean, I'd make a motion to approve it. I
don't have any kind of significant issues. I know that we'll monitor
it. I'd just say that we've talked about significant things when it
comes to making sure that you don't make the same mistakes that the
last rock-crushing lot made.
And, granted, it's a little bit of apples to chairs because it's in
totally different locations but, you know, the quantity of what goes in
there needs to be -- the crushing needs to be kept up. There's a lot of
lessons we learned from the last lot.
This is out in an area where I'm not surprised we haven't gotten
citizen pushback or anything, because it's not in the middle of a huge
community. So I don't really have any reservations.
If my other colleagues have comments, then I'll wait off on the
motion because they might have some issues or whatnot.
But -- well, I'll just say, I'll make a motion to approve, but I'll preface
that by saying if there's any comment that my colleagues have, you
know, please chime in, but I'll put the motion to approve on the
books.
CHAIRMAN HALL: Commissioner McDaniel.
COMMISSIONER McDANIEL: And I'll second the motion if
the motion maker will include the language of -- for the conversion.
COMMISSIONER LoCASTRO: Absolutely, absolutely.
COMMISSIONER McDANIEL: And I'll second the motion.
CHAIRMAN HALL: All right. Motion made as amended
with the language and seconded. All in favor, say aye.
COMMISSIONER McDANIEL: Aye.
April 9,2024
Page 33
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN HALL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER KOWAL: Aye.
CHAIRMAN HALL: All opposed?
(No response.)
CHAIRMAN HALL: Done.
MR. DAVIES: Thank you, Commissioners.
Thank you, Mr. Chairman.
Item #11A
THE BOARD OF COUNTY COMMISSIONERS REVIEW
AND APPROVE STAFF’S ADMINISTRATIVE APPLICATION
PROCESS FOR PROJECTS INTENDING TO UTILIZE THE
ALLOWANCES PER FLORIDA STATUTE 125.01055(7)(A), THE
LIVE LOCAL ACT. (MIKE BOZI - PLANNING & ZONING
DIRECTOR) (ALL DISTRICTS)
MOTION FOR SECTION (7)(A) NOT TO INCLUDE THE
PUD’S BY COMMISSIONER HALL; SECONDED BY
COMMISSIONER MCDANIEL – APPROVED;
MOTION FOR SECTION (7)(B) NOT TO INCLUDE THE
PUD’S BY COMMISSIONER MCDANIEL; SECONDED BY
COMMISSIONER SAUNDERS – APPROVED;
MOTION FOR SECTION (7)(C) NOT TO INCLUDE THE
PUD’S BY COMMISSIONER MCDANIEL; SECONDED BY
COMMISSIONER KOWAL - APPROVED;
MOTION FOR SECTION (7)(D) TO BE APPROVED AS
WRITTEN BY COMMISSIONER MCDANIEL; SECONDED
BY COMMISSIONER SAUNDERS – APPROVED;
MOTION FOR SECTION (7)(E) WITH DESIGNATION THAT
April 9,2024
Page 34
THERE ARE ONLY 3 MAJOR TRANSFER STOPS (COUNTY
COMPLEX, RADIO ROAD, AND IMMOKALEE) BY
COMMISSIONER MCDANIEL; SECONDED BY
COMMISSIONER SAUNDERS – APPROVED
MS. PATTERSON: Commissioners, that brings us to
Item 11.A. This is a recommendation to have the Board of County
Commissioners review and approve staff's administrative application
process for projects intending to utilize the allowances per Florida
Statute 125.01055(7)(a), the Live Local Act.
Mr. Mike Bosi, your director of Planning and Zoning, is here to
present.
MR. BOSI: Thank you, County Manager.
Mike Bosi, Planning and Zoning director.
We're here to talk about the administrative application of the
Live Local that staff has put together. We've -- I've spoken to you a
couple times in terms of the densities we've identified, some of the
processes we have, but this is a -- I wanted to formally present it to
the Board of County Commissioners, get your feedback in terms of
how staff has interpreted and get direction from you in terms of how
to move forward related to the Live Local Act.
And one of, I think, the primary questions -- and it was already
raised by Commissioner McDaniel -- is the question of will PUDs be
eligible for Live Local application.
The statute says, the county must authorize multifamily and
mixed-use residential as allowable uses in areas zoned for
commercial, industrial, or a mixed use if at least 40 percent of the
residential units are -- in the proposed multifamily rental
development for a period of 30 years are affordable as defined by the
Florida Statute 420.
Staff has interpreted that "zoned for commercial, industrial, or
April 9,2024
Page 35
mixed-use" to include your C-1 to C-5, your travel trailer and
recreational vehicle, industrial, business parks, and then the following
Planned Unit Development zoning: The commercial PUDs,
industrial PUDs, commercial or industrial tracts within mixed-use
PUDs.
The example I utilize is NC Squared is a mixed-use PUD,
because it allows for a commercial area and allows for a residential
area. Staff's interpretation would be that that commercial area would
be eligible; the residential area would not be eligible.
So that's really the largest question that we are asking. A
couple other applications I'll get through. But the feedback we're
looking for is related to are PUDs eligible? I believe that the County
Attorney has opined that we would be -- that we would be within our
allowance to make that decision that PUDs were somewhat of an
exception.
Cormac Giblin, your Housing and Economic Development
manager, provided -- or director, provided me with a 43 -- a 43-page
PowerPoint that was recently put on at the end of March. Tampa,
Sarasota, Pinellas Counties all participated. And one of the things
that they focused upon -- and I'll get to that for a second.
So very -- in the beginning of this presentation the
question -- because it's not just unique to Collier County. The
question was, are Planned Unit Developments eligible for Live Local
Act?
And the answer that they provided is, it depends. It says,
"Consult your city or county attorneys." There's no clear guidance
on this question. An example, Hillsborough County has stated that
PUDs are eligible where places like Orange County have stated
"PUDs are not eligible."
I believe Mr. Klatzkow -- I don't want to speak for him, but I
believe he has made the -- his conclusion was PUDs were somewhat
April 9,2024
Page 36
unique, and they are -- they would not be eligible for the Live Local
Act.
They provided the arguments for PUD eligibility. The Texas
statutes mandate applies in any area zoned for commercial, industrial,
or mixed-use. The arguments against a PUD being eligible are
PUDs are a type of negotiated contract and can't be unilaterally
amended by the Florida Legislature, and it cites an article of the
Florida Constitution: No bill of attainder, ex post facto law, or law
impairing the obligation of contracts, shall be passed.
So those are some of the legal arguments that suggest why you
can or you can't exclude or include PUDs as eligible for Live Local.
Ultimately, I think the Florida court system's going to provide
for the final arbitration of this question, but staff is seeking direction
from the Board of County Commissioners related to the eligibilities
of a PUD.
One of the things that I would also connect that decision to, I've
cited the 91.77 units an acre that's allowed within the mini-triangle.
That's a PUD. If you would say that PUDs would not be eligible for
Live Local, the density that's associated with PUDs, I think, would
also be excluded from that calculation. So it will change what -- the
highest density that we've identified within our Growth Management
Plan that's -- that would be allowed.
So there is an interconnectivity to the decision of excluding
PUDs that would -- if that decision is made, we would exclude the
mini-triangle which provides that 91.77, and we'd fall back upon the
future -- the Density Rating System within the -- within the Growth
Management Plan which has a maximum cap of 25 units -- 25 units
an acre.
So with that, I mean, that's one of the first questions for your
deliberation.
CHAIRMAN HALL: Thank you, Mr. Bosi.
April 9,2024
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Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes. And, Mr. Chair, I
mean, this is -- this is one agenda item with a lot of questions and a
lot of policy decisions that we need to make, and I'd like to make a
suggestion that we vote on each one of these, 7.A, B, C, D, and E all
the way through, and then the interpretation on the ZVLs independent
of one another so we can have discourse and discussion, if that's
okay, rather than -- because there may be -- there may be a place in
here where we cross, and I don't want to fail the whole thing because
I don't agree with staff's interpretation.
So with that, I'd like to -- I'd like to make the suggestion that
we --
CHAIRMAN HALL: That's a good suggestion.
COMMISSIONER McDANIEL: Okay. And I would like to
say to you, I don't concur with staff's opinions that PUDs should be
included in the Live Local bill. My interpretation is -- and for very
simplistic definitions -- hard-zoned properties; commercial,
industrial, mixed-use, that sort of thing.
I don't think that we should -- I believe every PUD stands in and
of itself for what it is and how it is and is negotiated with regard to
the impacts of that, and it would be my preference that we not include
PUDs, MPUDs, CP -- pick all those extra things that are included in
there -- and we only stay with the hard zone.
CHAIRMAN HALL: Okay. Commissioner Saunders.
COMMISSIONER SAUNDERS: I agree with you,
Commissioner McDaniel. I think that there may be some issues
here, and this may be one of them, where we ask the Attorney
General for an opinion because we're -- this is the kind of thing that
there's likely to be litigation somewhere. It seems to me that the
argument is that a PUD ordinance is simply an ordinance. I
understand the contract issue, but it's still a zoning ordinance. And
April 9,2024
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so I think there's legal arguments on both sides of whether it's
included in Live Local or not. We can make our decision, but our
decision isn't really binding on anybody -- and if there's a lawsuit
associated with it -- if we're wrong. So just a thought.
Mr. Klatzkow --
MR. KLATZKOW: The AGO --
COMMISSIONER SAUNDERS: -- there are some issues here
where an Attorney General Opinion might be helpful?
MR. KLATZKOW: Your Attorney General's already opined
that this does not apply to PUDs.
COMMISSIONER SAUNDERS: Okay. Well, then
that's -- even though that's not necessarily the last say on it, but
certainly is the --
MR. KLATZKOW: It's just advisory. Attorney General is
just advisory.
COMMISSIONER McDANIEL: I'll make a motion on
the -- do you want to do it per motion -- or per item, Mr. Chair?
How do you want to do this?
CHAIRMAN HALL: I mean, we can take a look at these.
Like, 7.A is obvious; that's what it says. It's really not what we're
talking about. But I -- let me hear from Commissioner Kowal first,
and then I'll answer that.
COMMISSIONER McDANIEL: Forgive me.
COMMISSIONER KOWAL: Thank you, Chairman.
And I kind of agree with my two colleagues here also. I feel
that, you know, this was brought up. Tallahassee knew about it.
They passed this the session before this past session. And they had a
second bite at this apple this session, and it didn't seem like they
cared or had any appetite to even really give clarity on the PUD
subject. And the way I look at it is, like what our County Attorney
stated, I think in a way they didn't give clarity to it because they
April 9,2024
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understood that, you know, due to the Constitution and the way it's
written and the one argument that was made in that process, that, you
know, they are treading on grounds of violating an already arbitrary
agreement amongst people.
So you know, this is how I feel. And I never liked the Live
Local from the beginning because I think it takes the power away
from the local government to make decisions for their citizens at the
citizens' level where it affects them and not the 66 other counties in
Tallahassee that's now forcing our hand because they don't live here.
So, you know, Collier's unique. You know, we know we -- you
know, our whole county at one point was just agriculture, and we're
going to go case by case depending on what we need or what we
don't need. And I feel like we should still have that power. So
thank you.
CHAIRMAN HALL: So my comments are along the same
lines. I think to include PUDs in the Live Local Act would be
cutting our nose off to spite our face. The statute plainly says what's
zoned C-1 through C-5 are the industrial and all that stuff. It does
not even mention the PUDs.
And the Live Local Act, the preemption of it all still sticks in my
craw. And I think this is a way that we can make it more
commonsensical for Collier County, as Commissioner Kowal said.
And it's -- you know, we plan these mixed-use PUDs with
residential elements and commercial elements in them. The
commercial elements are there to service those residents within the
PUD and the surrounding area eliminating traffic, eliminating trip
links. And so it makes good sense as far as growth management
planning and as far as long-range planning to keep that intact. And
to strip that, I feel like it would just -- it wouldn't be prudent.
So we can take a look at approve, you know, 7.A. How many
have we got? I don't see the -- how many of these --
April 9,2024
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MR. BOSI: There will be four -- four additional questions.
CHAIRMAN HALL: Let's take a look. So I'll make a motion
to approve 7.A as it reads, not including the PUDs.
COMMISSIONER LoCASTRO: Second.
MR. MILLER: Mr. Chair, before the vote, we do have a public
comment.
CHAIRMAN HALL: Okay.
MR. MILLER: Rich Yovanovich. I'm not sure what area. I
didn't know we were bifurcating this, so...
MR. YOVANOVICH: I didn't either.
CHAIRMAN HALL: No problem.
MR. YOVANOVICH: Good morning. For the record, Rich
Yovanovich.
I realize I only have three minutes, and actually I know
what -- your decision's already made. So I won't need the whole
three minutes to talk about the applicability to PUDs.
You know, I just fundamentally disagree with your
interpretation of the statute, which is fine. But what I really would
like to know is what's the AGO number where the AGO has actually
given an opinion on that? Because I was going to recommend you
get an AGO opinion.
I was also going to recommend since -- and the timing for what
I'm about to say is probably not the best timing in light of the fact
that, you know, John Passidomo just passed away. But the author of
the Live Local Act is our own Senate President Passidomo.
So perhaps -- why don't we just -- when the -- when things calm
down we ask her, "Did this intend to apply to PUDs, or did it not
intend to apply to PUDs?"
I've heard two different interpretations, Commissioner Kowal, of
why did the legislature not do anything. And the interpretation I
heard was it was obvious that it applies to PUDs in the way it was
April 9,2024
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written, so we didn't need to clarify whether it had applied to PUDs
or not. I think this is a difficult issue. I think we should just take
some time. I'd like to see the AGO. I'd like to be able to read it.
It's news to me that there's an AGO out there.
But I think if we could just take a few weeks, maybe ask Senator
Passidomo or her office to weigh in and say what was intended by the
Live Local Act because, candidly, the language is crystal clear. It
says, "It applies to any area zoned commercial, industrial or mixed
use." It doesn't say, "Except for PUDs that include commercial,
industrial, or mixed-use designations."
I think it clearly does apply to those areas and, candidly, that's
against my pecuniary interest because I would make some money
coming through the PUD amendment process to now change those
uses to a residential use.
But the legislature was there for a very important purpose, to
address affordable housing. I know it sticks in every one of your
craws that this was a preemption. And I understand the legal
argument about contract zoning, and that's what a PUD is. But
you-all change PUDs frequently because you adopted the Land
Development Code, and you never say it doesn't apply to
then-existing PUDs. You don't do that.
So perhaps we should look at whether or not any of these
changes you've made actually do apply to then-existing PUDs,
because it's a contract, and you don't have the unilateral right to
amend that contract.
I think what the legislature did was clear. Most of the local
government lawyers I've spoken to agree it applies to PDs or PUDs.
You can take a different approach. But I think we have some local
knowledge, and there's no rush to come up with an answer to this,
and I think you should ask local representatives what the legislation
intended to do, and then I'll wait for Mr. Klatzkow to give me the
April 9,2024
Page 42
AGO number. I'll go read it. And that's what I was going to ask
you to do is get an AGO opinion anyway today. Thank you.
CHAIRMAN HALL: Thanks, Mr. Yovanovich. I have a
question for the County Attorney.
So if we decide not to include PUDs in the Live Local Act the
way we interpret it, do we have the right to take it on as a
case-by-case basis if somebody wants to put an application in and
make that decision instead of just carte blanche?
MR. KLATZKOW: You have two approaches. The
traditional approach would be they'd be asking for a rezone, and they
would go through that normal process.
We could go off on a case-by-case basis, but then you're sort of
looking at people claiming that it's an arbitrary decision. So as I'm
thinking about this, probably the best result would be to say, just put
in a rezone application and be done with it and do it that way,
because we have a clear process for that.
CHAIRMAN HALL: Okay. Thank you.
MR. MILLER: I do have one more public speaker, Daniel
Zegarac.
MR. ZEGARAC: Good morning, Commissioners. Thank you
for your time this morning. In terms of Live Local, I agree with
Mr. Yovanovich that it should be slowed down a little bit. Maybe
talk to some of our legislators. Ideally, I think discussions should be
had asking how it affects the residents of Collier County.
You know, I think -- I think Live Local has some issues now. I
think Live Local doesn't get along with everything that we do and
everything that our -- that our residents expect. So I know I'm being
real vague. Maybe -- you know, maybe I should tell you I don't
know how Live Local and our good buddy Bert Harris are doing, you
know.
And once we do get opinions and information from our State
April 9,2024
Page 43
Legislature, I would -- I would recommend that you sit down and
think about that, because they've got issues with laws that they've
passed.
So please regard what I'm asking you. Thank you.
CHAIRMAN HALL: Commissioner Saunders.
COMMISSIONER SAUNDERS: Thank you.
A couple questions for Mr. Klatzkow. I think I agree with you
when you said if we tried to do this on a case-by-case basis, then
we're somewhat being arbitrary. I mean, either the PUDs are
included or they're not. We can't say, well, this PUD's included, but
we're going to make the decision that this one isn't.
So I think we have to be consistent with how we deal with it.
We can't -- I don't think this arbitrary picking one here and there
would work.
Mr. Klatzkow, I don't know if you were able to pull up on your
computer there the AGO, if you -- I saw you -- you look like you
were looking for something there.
MR. KLATZKOW: Yeah. I sent it to you, actually.
COMMISSIONER SAUNDERS: Okay. Can you -- can you
tell us a little bit about it? Because that may give clarity to that.
MR. KLATZKOW: I could send it to Troy, and we could
throw it on the overhead if you'd like.
COMMISSIONER McDANIEL: We don't need it.
COMMISSIONER SAUNDERS: I have no issues with waiting
for a couple weeks for us to digest what that AGO says, but --
MR. KLATZKOW: Basically, the AGO --
COMMISSIONER SAUNDERS: -- it sounds like you already
know.
MR. KLATZKOW: Basically, the AGO is saying it's for
straight zoning. That was the intent.
COMMISSIONER McDANIEL: Which is what we're doing.
April 9,2024
Page 44
MR. YOVANOVICH: Could I have the AGO number?
MR. KLATZKOW: I'll forward you the e-mail.
CHAIRMAN HALL: Commissioner McDaniel.
COMMISSIONER McDANIEL: I -- you know, having the
AGO is good. I mean, we -- we all have expressed our thought
processes with regard to the Live Local Act, and it's been shared with
us by staff that it's this board's policy decision that will include or not
include these other defined zoning.
And I -- I stick to the original statement that I made at the
beginning that my interpretation is similar to what the County
Attorney has said, what my understanding of the AGO is, and that is
hard zoning, period, the end. MPOs [sic] are not included in that
thought process.
So it would -- I don't have any -- I mean, at some stage it will be
litigated. Somebody will -- somebody will sue along those lines if,
in fact, they feel they have the right, and then we'll amend
accordingly.
I don't -- and, Commissioner Saunders, just for clarification, I
don't think it would be arbitrary for us picking -- we're not picking
one MPO over another or -- MPO -- PUD over another. We're not
picking one over another.
If an applicant wishes to amend a PUD, they have a -- we have a
process for that amendment. If they -- if they ask for a rezone, we
have a process for the rezone. And we can take those into
consideration based upon the circumstances where those individual
properties are located.
So I -- I haven't -- I mean, with all due respect to our friends that
have spoke here today, I have -- we've been dealing with this Live
Local Act for a year and a half now, expressed our concerns when it
first arrived in Tallahassee. And I think this is an appropriate
suggestion by this board to set this policy now, give specific
April 9,2024
Page 45
definition -- because we're going to move into multiple things on this
agenda item here today that this decision will have impacts all the
way across the board, all the way to the last -- the last one on today's
agenda -- or on this item, and that's the Z -- the ZVLs.
So I'm going to second the motion. I made the motion before
you took it. I'll give it to you, Mr. Chair, and I'll second your
motion.
CHAIRMAN HALL: So the motion's made and seconded to
not include the PUDs as part of the zoning. All in favor, say aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN HALL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER KOWAL: Aye.
CHAIRMAN HALL: All opposed?
(No response.)
CHAIRMAN SAUNDERS: All right. Moving to 7.B.
MR. BOSI: Thank you. 7.B, a county may not restrict the
density of a proposed development authorized under this subsection
below the highest allowed density on any unincorporated land in the
county where residential development is allowed.
With the decision to exclude PUDs from the Live Local, that
would exclude the mini-triangle; therefore, the highest density that
we would allow by our Density Rating System would be 25 units an
acre.
COMMISSIONER McDANIEL: Move for approval on that
one.
COMMISSIONER SAUNDERS: Second.
CHAIRMAN HALL: Moved for approval and second that the
PUD would not be included in this. All in favor, say aye.
COMMISSIONER McDANIEL: Aye.
April 9,2024
Page 46
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN HALL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER KOWAL: Aye.
CHAIRMAN HALL: All opposed?
(No response.)
CHAIRMAN HALL: Motion passes.
MR. BOSI: 7.C, a county may not restrict the height of a
proposed development authorized under this subsection below the
highest currently allowed height for a commercial or residential
development located in its jurisdiction within one mile of the
proposed development or three stories, whichever is higher.
And the nuance here would be the height that would be allowed
within PUDs would be excluded from that search area. It would
only be the -- it would only be the straight zoning that would provide
for that height.
COMMISSIONER McDANIEL: I'll move for approval of that
one as well.
COMMISSIONER KOWAL: I'll second it.
COMMISSIONER McDANIEL: With the -- with the
exclusion of PUDs and all those other staff-interpreted additions, yes.
CHAIRMAN HALL: Move for the height restriction and
straight zoning. All in favor, say aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN HALL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER KOWAL: Aye.
CHAIRMAN HALL: All opposed?
(No response.)
MR. BOSI: D, a proposed development authorized under this
April 9,2024
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subsection must be administratively approved, and no further action
by the Board of County Commissioners is required if the
development satisfies the county's land development regulations for
multifamily developments in areas zoned for such use and is
otherwise consistent with the Comp Plan with the exception of the
provisions establishing densities, height, and land use.
Such land development regulations include, but are not limited
to, regulations related to setback, landscaping, water management,
parking requirements.
And the way staff's applying that, that's the development
standards that these projects would have to satisfy. We've identified
the Residential Multifamily 16 zoning district as the highest density
multifamily that we allow by -- within our LDC. And it has to be
satisfied -- an example, the front -- the front and rear setbacks for the
project would have to be 50 percent the height of the building but not
less than 30 feet, the side yards 50 percent of the building but not less
than 15 feet, and then every other development standard that's within
our Land Development Code related to landscaping, to open space, to
parking. All the components of the LDC would apply, but it's the
standards of the RMF-16 multifamily zoning district that we
would -- will utilize to evaluate these future projects.
CHAIRMAN HALL: Commissioner McDaniel.
COMMISSIONER McDANIEL: Yeah. And I just had a
question for clarification, Mr. Bosi.
You know, very specifically, 50 percent of the height, the
50 percent of the height, but not less than 30, does an applicant that
comes in to -- that can't meet the 50 percent of the height request a
variance or a deviation on their application, or does that
administratively happen?
MR. BOSI: Oh, that doesn't administratively happen. That
would be a variance. It would be a public hearing. And
April 9,2024
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those -- that would probably invalidate the whole Live Local process
if you're going through a hearing process.
MR. KLATZKOW: It goes to the Hearing Examiner.
COMMISSIONER McDANIEL: Okay. And so if a deviation
is requested, how does that conflict with the -- with the public
hearing process on the Live Local Act? That's not my question. If
we adhere -- if you're -- I say "yours" because you're the boss of
Planning and Zoning.
And so if your interpretation is to apply the RMF-16
development standards to the Live Local proposal and then that
proposal comes in and doesn't meet the standards, then how do you
overcome the deviation or variance process?
MR. BOSI: The Live Local is clear. It says it has to satisfy
every single one of your standards within your Land Development
Code with the exception of height -- with the exception of height,
density, and the third was land use.
COMMISSIONER McDANIEL: Okay. My question to
you -- forgive me. I didn't mean to interrupt you. Terri gets mad
when I do that.
My question is, would it be helpful for you if we eliminated the
second portion -- because it's very clear 50 percent of the building
height is your front yard setback and 50 percent -- and then side yard
is 50 percent of the building height. That's an easy parameter to
meet.
But the others would require a deviation, and that puts us -- I
think would put us in conflict. Would it not help you/help us if we
specified that -- for the Live Local Act application, 50 percent of the
building height for front and side-yard setbacks, period, the end?
MR. BOSI: I mean, you can make that decision. It doesn't
really -- it doesn't really have a bearing upon whether a project would
need to seek a variance, because there could be some development
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Page 49
standards that they're having a hard time with in terms of -- maybe it's
open space. Maybe it's a -- maybe it is a setback.
Maybe -- so -- and we allow for that process. The Land
Development Code allows for that process.
So I don't see -- I don't see any real conflicts or roadblocks by
allowing for a project to seek a deviation if they can't satisfy all of the
standards within the LDC within that RMF-16 zoning district.
COMMISSIONER McDANIEL: So the pre- -- for my
understanding -- and maybe I'm just confused -- a request for a Live
Local Act has to meet all of the standards, and if they can't meet the
standards of the 50 percent building height, they have to ask for a
deviation and that precludes them from applicability under the Live
Local Act because they're automatically thrown by our Land
Development Code into a public hearing process?
MR. BOSI: Correct.
COMMISSIONER McDANIEL: So I'll move for approval of
7.D as it's written.
COMMISSIONER SAUNDERS: Second.
COMMISSIONER McDANIEL: Thank you for your
indulgence. I apologize.
CHAIRMAN HALL: No. That makes it clear.
So we have a motion and second. All in favor, say aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN HALL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER KOWAL: Aye.
CHAIRMAN HALL: All opposed?
(No response.)
CHAIRMAN HALL: We're done.
MR. BOSI: 7.E, county must consider reducing parking
April 9,2024
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requirements for a proposed development authorized under this
subsection if the development is located within one-half mile of a
transit stop as defined in the county's Land Development Code and
the major transit stop is accessible from the development.
The staff's interpretation, the only form of mass transit available
is the CAT system. Review of the definitions in the county's LDC
doesn't yield a clear definition of what a major transit stop is. We
don't define a major transit stop.
We've interpreted that constitutes a bus stop on a CAT route that
either has a covered bench at the intersection of two or [sic] major
bus routes. Alternatively, the applicant always has the right to apply
for an administrative parking reduction which would provide the
justification for the reduction.
In either case, the county must consider the request. But it's
not -- it's not required to approve the request. It's just we have to
consider it.
So we are -- we're asking for -- and I did speak with
Commissioner McDaniel about our lack of definition of what a major
transit stop was, and I think that's one of the things we were going to
ask the Board to opine, is a major transit stop more than just a bus
stop with a covered bench? Is it -- is it one of the transfer stations
that we have -- that we have at the government center? At Radio
and Davis, I believe, is another one of the locations where the transfer
stations are located. So looking for a tighter definition of what the
Board would consider as a major transit stop.
CHAIRMAN HALL: Commissioner LoCastro.
COMMISSIONER LoCASTRO: Thank you, Chairman.
More of the concern I had wasn't what the definition of a transit
stop was, but I just thought it was a little ambiguous when it says,
"The county must consider reducing parking requirements." So that
gives us the latitude to decide we're going to reduce it by two spots,
April 9,2024
Page 51
3,000 spots, it doesn't matter. You know, I just -- I thought there
would be a little bit more specificity in there. Maybe not a -- not a
math equation, but it just leaves it open case by case, correct?
MR. BOSI: Correct.
COMMISSIONER LoCASTRO: I mean, that's the best
verbiage, okay. That was the only sort of question or concern I had.
It just seemed a little bit thin. I think I know a little bit more of what
a transit stop is than I do what a reduction in parking could/should be.
And every case is different, so maybe it's a little vague. To give us
the latitude is what I expect. But, you know, when I first read it
without any kind of interpretation, that's the thing that jumped out at
me. I don't know if anybody else had any questions or concerns
about that.
CHAIRMAN HALL: Commissioner McDaniel.
COMMISSIONER McDANIEL: Yeah. And not to -- not to
go backwards, but we'll go backwards. Let's deal with the parking
issue, since you brought that up. I do have an opinion on the -- or a
thought on the bus stops as well.
But I believe, candidly, our parking requisites for multifamily
are deficient as they currently sit. I brought that up during the Ekos
project. Did some further expl- -- or exploration during that time.
And just for my brain -- and I'm pulling -- I'm pulling from memory
here, so forgive me. But if I'm not mistaken, our current LDC
requires one and a half parking spaces per one-bedroom?
MR. BOSI: Correct, correct.
COMMISSIONER McDANIEL: And then an additional
parking space for -- or a half a parking space --
MR. BOSI: I believe it's half a space when you go to another
bedroom.
COMMISSIONER McDANIEL: So my oversimplified
statement -- and it goes right along those lines. I mean, a
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one-bedroom apartment can accommodate a couple. In our times, in
our community, a couple means two cars, not a car and a half, and a
half for a guest.
So I would really rather we -- I would rather we eliminate the
APR process at all just to -- just -- because that's an administrative
approval that's being applied even on at-market units where APRs are
coming in and being asked for. We've got parking deficits
throughout this community in a lot of different developments
throughout our community.
So I -- the APR process -- and that's the administrative parking
reduction -- I would rather see it not be applied here from -- and now
I have -- and then I have a comment on the bus stops as well.
And a covered bus stop certainly does not equate in my brain to
a major transit stop. We have -- per my knowledge, we have three
major transit stops: The one here in the complex, Radio Road, and
in Immokalee, and I believe that those should be defined as our major
transit stops. And we may add others that could be included at some
stage. I know there are some plans for another transfer station in
between Radio Road and Immokalee now. But, for now, I would
suggest that those be the definition of a major transit stop only.
CHAIRMAN HALL: Commissioner Saunders.
COMMISSIONER SAUNDERS: Thank you, Mr. Chairman.
On the issue of whether we have adequate parking requirements,
I think that's an issue for another day. We do need to take a look at
that, I wouldn't disagree with you. But on the covered benches, our
policy is we're trying to cover all the benches, and every year we
have a couple that we want to cover because it's a matter of funding, I
think, more than anything else.
So this would really open up, I think, almost every transit stop.
COMMISSIONER McDANIEL: Right.
COMMISSIONER SAUNDERS: So I agree that designating
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the major ones individually makes sense as we develop them.
COMMISSIONER McDANIEL: And, you know, you're
correct on the parking. That's -- how about if I bring an agenda item
forward where we review that actual code in our LDC at a separate
date? We don't have to address it now. But the definition for a
major transit stop is, as I stated earlier, without repeating it. So I'll
move for that to be the answer here.
COMMISSIONER SAUNDERS: I would second that at this
point. We can always add to that list of major transit stops.
COMMISSIONER McDANIEL: Of course.
CHAIRMAN HALL: Just as a thought, the whole end game
here is to get affordable housing built in the county, and I love the
decisions that we've made so far, as far as not including the height
and the density requirements; however, on the parking thing, is it
government's responsibility to determine a developer's parking
prerogative?
COMMISSIONER McDANIEL: Yes.
MR. KLATZKOW: Yes.
COMMISSIONER McDANIEL: Per the LDC.
CHAIRMAN HALL: Because I think -- I think if we did -- it
says, "The county must consider reducing parking requirements."
So if we were allowing ourselves to consider it, ultimately the risk of
burden is on the developer if there's inadequate parking. If there's a
bus stop and it's not covered and there's people that are using it
majorly, I mean, the developer can say, "At my expense, I'll make
this transit stop a major transit stop to get the parking reduced."
MR. KLATZKOW: Yeah. I mean, just keeping with the
language of the statute, one approach would be for the Board to direct
staff to come back with an actual definition and then a process as to
the waiver, which I would recommend it be the Board's waiver.
COMMISSIONER McDANIEL: For parking?
April 9,2024
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MR. KLATZKOW: Yes.
COMMISSIONER McDANIEL: Yes. And I think
Commissioner Saunders and I already agreed we didn't really need to
address the parking today. You're reading from staff's opinion here
in the last sentence, and we can -- we can deal with the parking on a
separate agenda item, sir.
CHAIRMAN HALL: Sure. No. I just wanted to throw my
thoughts out there. I'm not completely opposed to it, but I just -- I
thought if I was a developer and I wanted to put some affordable
housing in and I needed to do something with parking, I would want
it to be considered instead of just squashed.
So, Commissioner Kowal.
COMMISSIONER KOWAL: Thank you, Chair.
I don't want to keep beating a dead horse, but I kind of agree
here with the language in the statute itself with the major transit spot.
You know, once again, we learned how important a comma is. So if
there was a comma between "major" and "transit spot," I would think
that they're talking major and transit spots or vice versa.
But I think it's definitely identifying a major transit spot. So I
don't -- once again, I don't want to start changing definitions and
words, you know, that have been around for hundreds and hundreds
of years.
So, you know, I kind of agree that I don't think a bench, covered,
uncovered, or whatever, you can consider a major transit spot, you
know, in my opinion, but I think the language is clear.
So thank you.
CHAIRMAN HALL: All right. So we have a motion and a
second to not go with this.
COMMISSIONER McDANIEL: No. To -- well, to define the
major transit stop as I defined before. For repeating sake,
it's -- there's three. One on site, one at Radio Road -- one on
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campus --
CHAIRMAN HALL: What about the --
COMMISSIONER McDANIEL: -- and in Immokalee.
CHAIRMAN HALL: All right. What about the reducing
parking requirements?
COMMISSIONER McDANIEL: The reducing parking
requirements are going to come up at a later date. They still have the
right to come in and ask for, based upon their own individual
circumstances, a parking reduction, but we'll deal with the overall
parking at a later date.
COMMISSIONER SAUNDERS: And the way this will work,
Mr. Chairman, the way I read it, is if there is a major transit stop as
we define it and there's a project that is within some distance of that
major transit stop, we must consider reducing parking requirements,
whatever they are --
CHAIRMAN HALL: So you're in favor of the way it reads,
okay. That's what --
COMMISSIONER LoCASTRO: And we have the latitude --
CHAIRMAN HALL: I didn't know how to vote.
COMMISSIONER McDANIEL: As we defined -- I don't mean
to talk over you. But as we defined "major transit stop" being those
three, and if it's within a half a mile of those three, we must give
consideration to a parking reduction.
CHAIRMAN HALL: I'm with you. So we have a motion and
a second to approve it as it states. All in favor, say aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN HALL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER KOWAL: Aye.
CHAIRMAN HALL: All opposed?
April 9,2024
Page 56
(No response.)
CHAIRMAN HALL: Good.
MR. BOSI: And that, actually, ends the policy decisions. This
last question was about if you had a mixed-use PUD and the
commercial was developed, would you subtract the density
associated. PUDs are off the table. So this question's moot. So all
the feedback staff was looking for and the policy guidance has, I
think, been established by the Board of County Commissioners.
CHAIRMAN HALL: Thank you.
Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes. Before you go away,
in regard to ZVLs, I would make a recommendation, from a policy
standpoint, that the County Attorney's Office be included in every
single one of those just to -- just to ensure that staff's interpretation of
the code meets statute, meets our LDC, meets our GMP, and so we
have an extra set of eyes.
MR. BOSI: And under the guidance of County Attorney
Klatzkow, we are providing the County Attorney's Office a copy -- a
review of the ZVLs as we're issuing them now.
COMMISSIONER McDANIEL: Before they go out?
MR. BOSI: Before they go out.
COMMISSIONER McDANIEL: Okay, good.
CHAIRMAN HALL: With that, let's take a court reporter
break, and let's come back at 10:45.
(A brief recess was had from 10:33 a.m. to 10:46 a.m.)
MS. PATTERSON: Chair, you have a -- I didn't have a live
mic.
Chair, you have a live mic.
CHAIRMAN HALL: What's next?
Item #13A
April 9,2024
Page 57
PRESENTATION OF THE ANNUAL COMPREHENSIVE
FINANCIAL REPORT FOR THE FISCAL YEAR ENDED
SEPTEMBER 30, 2023, AND AUTHORIZATION TO FILE THE
RELATED STATE OF FLORIDA ANNUAL LOCAL
GOVERNMENT FINANCIAL REPORT WITH THE
DEPARTMENT OF FINANCIAL SERVICES. (DEREK M.
JOHNSSEN, CLERK OF COURT'S OFFICE DIRECTOR OF
FINANCE AND ACCOUNTING) (ALL DISTRICTS) -
PRESENTED; MOTION TO ACCEPT THE REPORT AS
PRESENTED BY COMMISSIONER SAUNDERS; SECONDED
BY COMMISSIONER MCDANIEL – APPROVED
MS. PATTERSON: With your indulgence, we're going to
jump to 13.A, since we have all of those folks in the house here.
CHAIRMAN HALL: Sure.
MS. PATTERSON: 13.A is a presentation of the Annual
Comprehensive Financial Report for the fiscal year ended
September 30th, 2023, and authorization to file the related State of
Florida Annual Local Government Financial Report with the
Department of Financial Services.
Mr. Derek Johnssen, Clerk of Courts Office, director of Finance
and Accounting, is here to begin the presentation.
MR. JOHNSSEN: Thank you, ma'am.
Good morning, Commissioners. Derek Johnssen from the
Finance Department.
We're here today to present to you the 2023 Annual
Comprehensive Financial Report and the results of the Fiscal Year
2023 financial audit.
This process requires the cooperation of all county departments
and the county's constitutional officers. In particular, I'd like to
April 9,2024
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thank my staff, county administration, the County Attorney's Office,
and staff throughout the county and constitutional offices.
This process starts in the middle of summer with interim audit
procedures and culminates with the presentation before you today.
We are proud to report that last year's 2022 annual report was
the recipient of the GFOA's Annual Financial Reporting Award.
That was the 37th consecutive year.
I'd also like to plug our popular annual financial report, which is
a bit more condensed and a much more readable version of what's
before you today. And thank you.
With me are Mr. Kessler and Ms. Mitchell. They're from the
firm of Clifton, Larson, Allison -- Larson, Allen, the county's
financial auditor, and we just have a short presentation to put before
you. Thank you.
MR. KESSLER: Thank you, Derek.
All right. Good morning, Commissioners. Thank you for
having me here this morning. I am pleased to present the results of
the 2023 financial statement and compliance audit.
Again, I'm Chris Kessler, principal with CLA. Joining me is
the manager on the engagement, Alexandra Mitchell, who handled a
lot of the day-to-day fieldwork with the team and worked with your
staff here within the county and the constitutional officers.
So I want to go through, just briefly, the services that we've
performed and give a quick synopsis of the results of our procedures.
So as a quick overview, our services that we are performing as it
relates to the audit have not changed from prior years. So there's
three main components of the services that we are providing. It is
the audit of your financial statements for the year ended
September 30, 2023, and that audit is in accordance with government
auditing standards as is required.
We also audit the federal compliance, which is known as the
April 9,2024
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single audit. The federal guidelines are known as the uniform
guidance that the county has to follow and we have to follow in
performing our audit procedures. And then, of course, we also have
to audit the state compliance, and that is for the state grants and
various other components of compliance that the county has to
comply with throughout the year.
So the reports that we've delivered are in the large financial
statement, the Annual Comprehensive Financial Report that you-all
have in front of you. Again, these six deliverables have not changed
from prior years, but these are the reports. And included within
those reports are our audit opinion on the financial statements; our
report on internal controls, which is where any sort of findings and
internal control over financial reporting would be included; our
independent auditor's report on compliance. That is our opinion on
compliance with federal and state regulations; our independent
auditor's report on compliance for specific Florida compliance
criteria; as well as a management letter as required by the Auditor
General.
The governance communication letter is a letter that is issued to
you-all as the Board. We're required to communicate under
standards. I'm going to cover what I'll consider the key areas of that
letter to you-all in the presentation here today.
So the results of our procedures, we had an unmodified opinion
on the financial statements. That means the financial statements are
free of material misstatement. There are no issues within those
numbers within that document based off our audit procedures.
Our independent auditor's report on internal control had no
findings in internal control over financial reporting. Our single audit
report, which is the federal programs and state projects, the grants
that you-all are expending during the year, we had two qualified
opinions, meaning we had two instances of noncompliance, and then
April 9,2024
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unmodified opinions on the other programs.
So what that means is, is that everything was clean and within
the compliance requirements except for two areas, which I'll
highlight on the next slide as we get into some of the findings.
Our management letter, we had no comments that were reported.
We work with county staff throughout the year on any sort of
recommendations, best practices, things along those lines. We don't
put things like that, necessarily, in a management letter, as they're not
findings. It's more of just suggestions, things we see elsewhere
throughout other clients across Florida and across the country.
Then, of course, we have an independent auditor's -- excuse
me -- accountant's report, and that was also unmodified, attestation of
opinion on compliance with state statutes.
So generally clean all around.
So our communications to you-all, the scope and the timing of
the audit, it was preceded as planned. There were no changes,
issues, anything along those lines. The county's accounting policies
are in accordance with generally accepted accounting principles and
practices.
No difficulties were encountered in performing the audit.
Significant risks that we have to address using our risk assessment,
our auditor's judgment, they were addressed as planned. No issues,
anything along those lines that we came across.
We had three single audit findings which are -- again, that's the
areas of noncompliance that were noted in looking at the
administration of grant funds, and it was three programs. And
without getting fully into the details on these, what these three
findings really represent, it's not that the funds were spent in an
inaccurate way or on non-programmatic expenditures. With every
grant program, there's significant compliance requirements that are
unique to those programs as far as reports that are filed, certain
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timelines that have to be followed. Just very, very specific rules and
instructions.
And the findings all relate to either gaps in the compliance being
followed or things just not being done in a timely manner. They
were done late, after the fact, not in the full compliance with the
federal requirements. So we have to note findings when those three
things occur, and so that's what those three represent. We have the
actual programs that they are related to listed here on the slide.
But from a going-forward standpoint, the county implements
corrective action plans to say this is how we're going to address these,
correct them going forward with a date for that corrective action, and
that's also included in the financial documents that you have. And
then when we start next year's audit, that will be the first thing that
we start with is we will look at prior year findings, make sure they've
been addressed as planned, and then we will continue going forward
with 2024 planning and assessment.
And then the last bullet here, I'd be remiss not to thank
everybody that had a huge part in helping us complete the audit. It's
a pleasure working with everybody here at the county. It's always a
cooperative, collaborative effort to get our audit done throughout the
year. We ask for a lot of information. As Derek said, it starts in
June and ends here in March, so it is a nine-month process of
providing support, answering questions, things along those lines, and
everybody from the county departments, the Clerk's Office, and all
the constitutional officers that play a part in this process were great
and a pleasure to work with, so a huge thank you to everybody here
within the county.
Just some quick takeaways for 2023. So we talk about the
results of the audit. Just a highlight, the county's federal grants and
state projects are a big emphasis point from an audit standpoint. I
know they're a big emphasis point from a management standpoint of
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you-all administering these. We audited over $64 million of the
county's grant expenditures during 2023. And when you just look at
the two I've highlighted here, the FEMA grant of 23.8 million and the
coronavirus State and Local Fiscal Recovery Funds of 23.5 million
make up over two-thirds of that.
So as you-all continue processing FEMA claims, as some of
these pandemic era funds continue to work their way through, those
will still be a significant emphasis of audit going forward.
There was a new accounting standard that the county had to
implement related to GASB 96. I will not bore you with the details
of that accounting rule. Just know it was a very large lift of
everyone within the entire county to analyze all contracts for
potential subscriptions that may meet the qualifications of this
accounting role. There were no issues in the county's
implementation. Everyone did a great job with it, and it was a big,
big lift for everybody to get that done as clean as it was. So we're
thankful for that as well.
And then, quickly, financial highlights. I've just highlighted a
couple of the results that are included within your numbers here.
Your governmental activities, which is the accumulation of all your
governmental funds, you had an increase of your net position of
$257.1 million for Fiscal Year '23.
Business-type activities, an increase of your net position of 66.1.
And the General Fund, which is part of the governmental activities
number there, there was an increased fund balance of $6.9 million
there as well.
So across the board, the majority of the funds had positive
financial results that are within those numbers. So as you look
through that financial document, these are just three of the many,
many numbers that are in there, but your management's discussion
and analysis that's included within there that's prepared by county
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management includes some of that narrative around why some of the
numbers ended up the way they are, and that would be the area that
really tells that story within the document.
So that is the end of my prepared comments. So I appreciate
you-all giving us some time to speak with you today. I'd love to
pause for questions, comments from the Board.
CHAIRMAN HALL: Mr. Kessler, you did great.
And three things: I'm glad to know that we have money; I'm
glad to know that we don't have any cases of unmodified attestation,
whatever that is; and most proud that everybody was cooperative,
helpful, and professional in the process. So great presentation.
Thank you.
MR. KESSLER: Thank you very much.
MR. JOHNSSEN: Commissioners, we just need a motion to
accept the presentation and accept the ACFR.
COMMISSIONER SAUNDERS: Mr. Chairman, I'll make a
motion to approve the acceptance of the report.
CHAIRMAN HALL: All right.
COMMISSIONER McDANIEL: I'll second it.
CHAIRMAN HALL: All right. It's motioned and seconded.
All in favor, say aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN HALL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER KOWAL: Aye.
CHAIRMAN HALL: All opposed?
(No response.)
CHAIRMAN HALL: Good job, gentlemen.
And I would like to say thank you to all of the constitutional
officers who participated in this, because I did hear the word "heavy
April 9,2024
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lift," and I know that there was great effort in that, and I appreciate it
all.
Item #11B
NAMING RIGHTS AGREEMENT WITH THE DAVID
LAWRENCE MENTAL HEALTH CENTER, INC., RELATIVE TO
THE COLLIER COUNTY BEHAVIORAL HEALTH CENTER TO
GENERATE DONATIONS TO BE RESTRICTED SPECIFICALLY
FOR USE WITHIN THE BEHAVIORAL HEALTH CENTER. (ED
FINN - DEPUTY COUNTY MANAGER) (DISTRICT 3) -
MOTION TO DENY AND STAFF TO BRING BACK AN
AMENDMENT W/CHANGES AT THE APRIL 23, 2024, BCC
MEETING BY COMMISSIONER MCDANIEL; SECONDED BY
COMMISSIONER KOWAL – APPROVED
MS. PATTERSON: Commissioners, that brings us back to
Item 11.B. This is a recommendation to approve a naming rights
agreement with the David Lawrence Mental Health Center, Inc.,
relative to the Collier County Behavioral Health Center to generate
donations to be restricted specifically for use within the behavioral
health center.
Mr. Ed Finn is here to present, your Deputy County Manager.
MR. FINN: Thank you, ma'am.
Thank you, Mr. Chairman.
Edward Finn, Deputy County Manager.
If I may, Item 11.B involves approving an agreement with the
David Lawrence Center that grants the right to raise funding through
the -- through the naming of various elements of the new Collier
County Behavioral Health Center.
As planning for that behavioral health center has progressed,
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funding gaps for both furniture, fixtures, and equipment and facility
operating cost needs have been recognized.
David Lawrence Center leadership has met with key
community -- community stakeholders to address these unfunded
aspects of the program and develop the hope for Collier Building
Stronger Minds Together campaign. Through this campaign, David
Lawrence Center intends to raise critical funding for both capital and
operating and maintenance of the new behavioral health center and
earmark raised funds for that purpose.
The funds raised through the program will be restricted for use
at the facility. Funds will be maintained in a segregated account
owned by David Lawrence and restricted specifically for the use in
the facility, and the Clerk of Courts is authorized to inspect and audit
the books and records.
The naming program will be managed by David Lawrence.
Donors will be required to execute a charitable pledge agreement.
Each pledge agreement is subject to approval by the Board of County
Commissioners.
With that, I'll be happy to answer any questions.
CHAIRMAN HALL: Commissioner McDaniel.
COMMISSIONER McDANIEL: Let me get to my notes.
I have an issue with this. I think it's leading us to a place that
could be quite controversial. I would prefer that we -- I understand
the rationale behind it that there's been talk about these deficits for
furniture, fixtures, and equipment. There's been talk about the
insufficient funds for O&M, operations and maintenance, and they
need to be made up somehow, someway.
I would suggest that a lease modification be the path that we
travel with DLC, David Lawrence Center, in lieu of a naming rights
agreement and a specific audit provision for our clerk.
I would suggest that David Lawrence be allowed to get
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philanthropic dollars in any necessary manner that they can, and if a
naming rights comes about, then great. And then in the event that
there is requisite for additional county support to either offset the
known deficits that have been described, that that's when our clerk
could come in for an audit of how David Lawrence is, in fact,
spending all of their money across the board as opposed to this
agreement that's been brought before me.
CHAIRMAN HALL: Are you saying allow naming
rights -- for David Lawrence Center to do their naming rights to raise
money but not -- just not to do it in this agreement?
COMMISSIONER McDANIEL: Correct. And I think it's
a -- it would requisite an adjustment or an amendment to the lease
agreement with them to allow them to accept philanthropic dollars in
other manners and utilize them in accordance with their general
operations to either offset the deficits of FF&E or the O&M. And
then, in the event that they need to come back to the county for
additional assistance, then we can have discussions with regard to the
Clerk's audit of all of their revenues and all of their expenses and how
they're going.
I really highly recommend that David Lawrence seek
philanthropic dollars to assist, but philanthropic dollars don't -- aren't
always reoccurring funds.
And so when I was reading through this naming rights
agreement, I saw potential for each individual case to have to come
back to us, which could then put this board or this -- or our county in
prejudicial circumstances approving one over another. And I'd
rather we -- I'd rather we not be in that position if we're going
to -- the county's going to own this facility. David Lawrence is
going to operate this facility. And if they're going to seek and
receive philanthropic dollars, I highly recommend that they have that
accommodation be provided within their lease agreement.
April 9,2024
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CHAIRMAN HALL: Great. Commissioner Saunders.
COMMISSIONER SAUNDERS: Thank you.
I may take a slightly different approach.
First of all, Mr. Finn, in terms of how the ownership of this
project is, can you -- can you go through those details? Because I
know David Lawrence had purchased the property, the real estate. I
know we're paying the lion's share, if you will, for the construction of
the building.
But what is the ownership structure of this whole project?
MR. FINN: I'm going to go deep to try to answer this one. I
think we're going to find that the David Lawrence Center -- it all had
originally purchased the property through a selection process. The
site was selected for this facility. There has already been Board
action to essentially put in place a long-term lease with David
Lawrence Center, and somewhere in that transaction I believe we are
acquiring that property from David Lawrence Center.
COMMISSIONER SAUNDERS: Is that correct,
Mr. Klatzkow? So we will own the building and the land?
MR. KLATZKOW: I'm not sure, to be honest with you.
COMMISSIONER SAUNDERS: Okay. Well, I think it
would be nice to know that. But I'd like to -- I think, in terms of the
naming rights and some of those types of issues, David Lawrence
Center has been doing this for a long, long time. We have not. And
my sort of gut feeling is let's let them take the reins and run with it,
and we need to stay out of it. Because you mentioned being
prejudicial in terms of selecting one naming right person over
another. I don't know that we want to be involved in any of that.
We don't know how to do it, and I don't think anybody on our staff
wants to learn how to.
So I -- but I think the ownership issue is important, because if
we own the building and we own the land, that's one scenario. If
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they actually own this and we're providing the funds to construct it,
somebody's --
MR. KLATZKOW: This is ours. That center is the county's.
We couldn't use the infrastructure sales tax if it wasn't. So we do
control it.
COMMISSIONER SAUNDERS: All right. So we own the
land and the building, and they're going to -- they're going to manage
it?
MR. KLATZKOW: Yes. They're the operator.
COMMISSIONER SAUNDERS: So I don't know if that
changes, significantly, my thoughts in terms of naming rights and all
of those types of things, because I know I don't want to be involved
in that. I think that's too political when we put it into a process
before the Board.
MR. FINN: To steal a phrase, we can do anything, but we can't
do everything, certainly not everything well. Yes, I would concur
with that.
CHAIRMAN HALL: Commissioner LoCastro.
COMMISSIONER LoCASTRO: Yeah. I just wanted to give
clarity, but the County Attorney already did. So we own the land
and the building; they basically manage it.
But, you know, there's a lot of different ways to raise money
philanthropically. I didn't initially have an issue with this. And I
agree with Commissioner Saunders, I mean, when naming
rights -- and, you know, when I used to work at Avow, I mean, they
had naming rights for water fountains practically, and it brought in a
lot of money. And, yeah, sometimes there can be some prejudicial
issues with, you know, two people that want the same thing.
And I agree with Commissioner Saunders, let David Lawrence
sort that out when they bring us a recommendation if we think there's
an issue or we're hearing from citizens that, hey, there's something
April 9,2024
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unfair going on. Well, then, maybe we're sort of the secondary party
that is -- and I hope that doesn't happen.
But I think we run the risk of sort of making this a little too
difficult. What I read here sounded fine to me initially. So what I
would say to my colleagues is, those of you that have raised an issue
and have a problem with it, I need more clarity and more simplicity
as to why your way isn't just different but it is better. And I'm open
to hearing that. I guess I couldn't -- I couldn't decipher in the words.
I was hearing more of just a different approach with the same end
result, but I didn't hear the advantage -- or disadvantage.
What I did hear with clarity was what Commissioner Saunders
said, which is, you know, the same way I don't think the county
should be in the real estate business, and a whole bunch of other
things sometimes that we get into, I thought it was pretty clear, let the
management team manage and bring us recommendations or, you
know, maybe we get final approval on something if there's some
issue or some -- you know, some sort of, you know, problem or what
have you.
But, you know, before I vote either way, I'm hearing, you know,
some concerns from my colleagues, but I didn't hear it with enough
specificity that made me think there was something wrong with this
proposal that -- and like I said, there's so many different ways you
can do it. What I heard -- and that's where I'm looking for you to
correct it for me. I just heard some different ways to do it, but I
didn't hear that it was any better. So I guess, you know, convince
me either way, because I think what's currently proposed, I was
prepared to vote for it without any hesitation at all.
And like Commissioner Saunders says, we always reserve the
right to have something come before us that maybe we have an issue
with. And, you know, we're the overseers of David Lawrence, so it's
not like they can just operate on autopilot. But, you know, with that,
April 9,2024
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I'll leave it to my colleagues who have pushed their buttons with
concerns, and maybe re-summarize what you're trying to, you know,
have us all understand that you think is a negative with the current
way or that you have a -- not a negative, but that you have a way that
would make it more positive or better in some way.
CHAIRMAN HALL: So before I go to Commissioner
McDaniel, I want to just make a comment. When David Lawrence
Center was here, I encouraged them to come up with their own
money for the fixtures and the deficit, and I can see that this is a
creative way to get that done; however, I -- like Commissioner
LoCastro, I like the creative idea of them being able to do their
naming rights.
But now listening to y'all, I don't want to be the naming rights
police, because if they get a large donation and it's from the Death to
America Society, that's going to come before us, and we're not
necessarily going to be in favor of that, and that could put us in a bad
situation.
So we're not saying that they can't -- we're not saying that they
can't go to the public and raise money with naming rights. We're
just saying that we don't want to be involved as the naming rights
police, if that's what I'm hearing.
COMMISSIONER McDANIEL: Basically.
CHAIRMAN HALL: Okay.
COMMISSIONER LoCASTRO: I mean, don't you think,
though, if they got one of those, like you said, a million-dollar
donation from an organization that totally was out to lunch, that they
would kill it immediately; that they don't blindly just say, oh, a
million dollars from Death to Police, we'll take it. I mean, I don't
think they -- and I know that you're being extreme in your example,
but it's a -- you know, that's what we're trying to avoid.
CHAIRMAN HALL: Right.
April 9,2024
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COMMISSIONER LoCASTRO: But I think that they wouldn't
come to us and say, well, we got a million dollars from an
organization that we think is a little bit shady but, you know, it is a
million dollars. What do you guys think? I don't think they're
going to -- I know they wouldn't drop that in our in-box and make us
the police for it. I don't think that's the intention.
And like you said, I think it leaves the responsibility in their
court, and they would use good judgment, I would expect, as they
have, you know, their entire history here in Collier County. You
know, the responsibility sits with them, and they're trying to
aggressively -- we all suggested to them that there's a deficit and
come up with some ways to do it. This way isn't anything above the
norm. Hell, we're looking for naming rights for our sports complex,
you know. I mean, so this isn't something that's totally out to lunch,
and managing it and overseeing it and being responsible with who
you're going to accept naming rights from is an obvious
responsibility of the task, I would think.
CHAIRMAN HALL: Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes. And with that, if you
want to speak up, County Manager. When I raised this concern
yesterday, Commissioner Saunders said it a little more eloquently
than I. But my concern is with the agreement for the naming rights
that's been brought in. And I believe, under the current ownership
interest and the lease of our property to them to manage, they require
an adjustment to that lease to be able to accept philanthropic dollars
from whatever manner, in fact, that they choose to do.
And so that's my suggestion is that we not enter into this -- this
naming rights agreement but adjust the lease to allow them to do
those things accordingly, you know.
And, specifically, Commissioner LoCastro, on No. 3 of the
existing agreement, it says that the county reserves the right to deny
April 9,2024
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such charitable pledge agreements if proposed naming adversely
impacts the reputation, image, mission, or integrity of the county or is
in violation. And I agree -- or is in violation with the naming policy
at its sole discretion. And it -- as Commissioner Saunders said, it
kind of makes us the police, and I don't want to be there either.
So I suggest we amend the lease, give -- put a provision in there
to allow them to accept philanthrop- -- the lease for the management
of our facility, and allow them to accept philanthropic dollars as, in
fact, they wish to do so, and if they want to name a bird fountain, so
be it.
MS. PATTERSON: Commissioners, we do have representation
from David Lawrence here just in case you have any questions that
you'd like to direct towards them.
And I think the important thing today was that we at least
understand your interest or tolerance for naming rights because they
do have donors and others that they want to be talking to and didn't
want to get out ahead of you.
If we have to work through -- if it's by way of a lease or by way
of some other type of agreement, I think that's okay. What they're
looking for is that guidance that you're okay with at least the
conversation about naming rights. No problem if you want us to
look at another vehicle.
And I don't know if you have anything you want to add, feel free
approach the podium if you'd like to add anything.
MR. FINN: If I may, Mr. Chair, Nancy Dauphinais, the chief
operating officer for David Lawrence Center, is a registered speaker,
and she may or may not want to speak. But, certainly, she will
impress upon you that time is of the essence so that if the Board
wants to direct us to, instead, do an addendum to the lease agreement,
we certainly can do that. We just don't want to lose much time.
And insofar as the Board deliberating on this, if they do not want to
April 9,2024
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be engaged in approving these agreements, that direction probably
will facilitate us getting this done quickly.
MS. PATTERSON: I do see the Clerk also, if we can let her
come up before we close out this conversation.
MS. KINZEL: Yes. I'm trying to be timely today.
I don't want to muddy the water, so what I will say is I've heard
a couple of good things that I think would be workable and
manageable. I'm struggling with the newest idea, however, of
allowing the naming rights so you're literally making the dollars off
of the county's assets privately. So there would need to be
accountability in some respect because of the lease and because of
those other agreements.
So I think there are ways to structure this. I agree with you,
Commissioner Hall, when it first came up, I was under the
impression that David Lawrence was going to raise the funds for the
equipment.
So, now, if there is some agreement for the Board to help with
that, either through naming rights or otherwise, we probably need to
vet that a little closely. So I just wanted to offer that information.
Thank you.
CHAIRMAN HALL: Commissioner Saunders.
COMMISSIONER SAUNDERS: Thank you, Mr. Chairman.
I don't have any particular preference whether this is a lease
amendment or a separate agreement. I think, from a legal
standpoint, it has the same effect. So I don't have any issues with
that.
But I'll just reiterate, I think the Clerk will have to audit those
revenues because, as she said, that we're -- these are dollars coming
in naming a building that we own. I understand that.
But in terms of naming and making those selections, my view is
leave it 100 percent with David Lawrence. I don't think they're
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going to do anything that would be controversial or something that
we would find objectionable. They've been here for a long time, and
they're going to be here for a long time.
So I just don't want to be involved in trying to go help -- or
decide whether the water fountain's going to be named after Mr. X or
Mr. Y. But I do believe that the Clerk should have full auditing
responsibilities over any revenues associated with those naming
rights, and the naming -- and that revenue has to be restricted to
operating the facility, and I think David Lawrence understands that.
So that's just my view. I don't care if it's in the lease or a
separate agreement.
CHAIRMAN HALL: Commissioner LoCastro.
COMMISSIONER LoCASTRO: Yeah. I mean, I had some
notes written down here but, I mean, I'll just say, I confirm -- I concur
with Commissioner Saunders. If the lease adds a little extra
something, I mean, I think it's six of one, half a dozen of the other.
But if it's something that other commissioners feel strongly about, I
still think it gets us the final end result.
So I would just echo what Commissioner Saunders said. I
would support this with lease or no lease but, you know, obviously
we want to try to move forward here. I don't think putting it in the
lease makes me not want to support it or that it's required. So to me
it's either way, but I think in the end, being able to move forward.
You know, I'll echo and say we obviously want strong Clerk of
Court oversight. So, you know, when Crystal came up here and
said, you know, there's many ways to do this, I think we defer to her
and say, "Bring us the best way," you know, or let us know if they're
not doing the best way.
But, you know, I'm not here to slow this down over a couple of
details that I think we can still work through while this still moves
forward in a positive direction. So that's just my view.
April 9,2024
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CHAIRMAN HALL: Commissioner McDaniel.
COMMISSIONER McDANIEL: And I don't have any
preference on how we do this. I just don't want to be in a position of
being the -- as was stated, the police for who gets to name what,
period. I believe, if I'm not mistaken, the Clerk has the right and
should audit any lessee that's utilizing government -- our government
buildings. So I -- so how we get there really doesn't matter to me,
but I don't want this lease -- I don't want this naming rights
agreement.
So I'm going to make a motion for --
MR. FINN: If I may, sir, just for clarity. The audit
requirements will remain in. The Board is pretty clear they do not
want to be approving the individual "namees," if you will. And with
that direction, I believe the commissioner is also going to suggest that
we make this an addendum or an amendment to the current lease
agreement, in which case we will take all those things into
consideration and bring that back at your direction, sir. So if you
care to make that motion, that will be fine.
COMMISSIONER McDANIEL: I'll make that as the motion
then; that's what I said at the beginning, yes.
CHAIRMAN HALL: So just to be clear, David Lawrence
Center have the ultimate right to raise their funds on their own,
naming rights, if they so choose. We're going to make an adjustment
to the lease for them to have the right to raise money from the
philanthropic -- did I say that right? -- community.
COMMISSIONER LoCASTRO: Yes.
CHAIRMAN HALL: And do we want to add anything in there
with the ultimate right to refuse any name?
COMMISSIONER LoCASTRO: That was going to be my
question. I just think that there should always be a line in there that
gives us the ultimate sort of trump card. And I don't expect them to
April 9,2024
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bring us something that was controversial, but if you didn't have it in
there, it could be a problem. And by being in there, I think it makes
it more -- makes it as correct as possible. It might just be sort of an
official type of thing at the end, but I think something needs to be in
there giving us the ultimate authority to reject something should
something be going in -- I don't know the right sort of verbiage,
but -- and I'd be fine with the lease.
MR. FINN: Maybe I'll ask the County Attorney, but perhaps
some after the --
MR. KLATZKOW: I think we'll come back. Ed and I will
talk about this, and we'll come back at a future agenda.
COMMISSIONER LoCASTRO: But I would say not too long
time. I mean, if you're saying time is of the essence -- we're not
building the Empire State Building here, so make the change, and
let's see it at the next meeting.
MR. FINN: Our intent would be to bring this back as quickly
as possible. It should be fairly routine.
CHAIRMAN HALL: Commissioner Saunders.
COMMISSIONER SAUNDERS: Thank you.
So I think I'll use the phrase that some of you have quoted in the
past, "words matter." And when you say that the Board has the
ultimate final decision, if it's going to be something that might be
problematic in some way, I think that opens the door to if two people
are trying to name something, and do they appeal to us? I just think
we should be out of it completely. And if David Lawrence Center
does something stupid and names it after some organization that is
reprehensible, which they would not do, then there would be a price
to pay in terms of their philanthropy going forward. So I just -- I
just don't think we should be involved in the naming of that, because
however you phrase it, if we're the final arbitrator, that means it
comes to us, or --
April 9,2024
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COMMISSIONER LoCASTRO: I didn't -- so I would just be
clear -- and I don't disagree with you. I think saying we're the final
arbitrator and regardless of what they name is not my intention. But
having something in there to say in there to say that we reserve the
right, that means we may never do it, but it gives us a one-line in
there that says should we see something or should we all get a
thousand e-mails from an organization, it just -- it gives us the
latitude to possibly.
So I don't want to be the person that rubber stamps every water
fountain, but I thought -- but, you know, as an attorney, you know,
yourself, if -- like, I don't disagree with what you said. I thought the
intention would be a one-liner at the end, just make -- not making us
the ultimate approval of every single naming, but reserving the right
should the case arise. Although it might be overkill. We might be
splitting a hair here. I agree with you, this is an organization that I
don't think's going to bring -- name something that's super
controversial. And if they did, exactly as you said, Commissioner
Saunders, boy, they would -- it would be on them. But then it could
be on us by somebody saying, "Gosh, you didn't put a line in there
that gave us guys the authority that in the unlikely event you could
jump in?" So that's all I was saying.
CHAIRMAN HALL: That was all my intention.
Commissioner McDaniel.
MR. FINN: And if I may, Mr. Chair, the underlying pledge
between the person making the donation does, in fact, have a clause
not dissimilar to what you're seeing here relative to the relationship
between David Lawrence Center and the donor. So that exists there
within the system that we're setting up.
CHAIRMAN HALL: Commissioner McDaniel.
COMMISSIONER McDANIEL: And to that point, every
single one of our lease agreements has the cancellation provision for
April 9,2024
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convenience.
So as Commissioner Saunders said, if David Lawrence does
something not to Hoyle, we cancel the lease. And so we have that
ultimate right without actually stating it to be the arbitrator on a
particular -- on a particular donation.
So I think making the -- as been suggested, making the lease
agreements to them as the management of our building, we're
covered. The Clerk is auditing their facilities and their operations.
So I think denying this naming rights agreement is a prudent way for
us to go.
CHAIRMAN HALL: Commissioner LoCastro.
COMMISSIONER LoCASTRO: The only thing I don't like
about what you just said is putting the lease in jeopardy because we
have a disagreement over a naming. It seems to be jumping to, like,
Step 10. And so that's why I thought we'd take a smaller bite of the
apple and we just say, "If we have a discrepancy on naming, you
know, we reserve the right to have a conversation with you."
What I'm hearing you say is, "Well, it's in the lease, and we
could always cancel the lease." Whoa, whoa, whoa. If they name a
water fountain after the wrong person, all of a sudden the lease is in
jeopardy of being canceled? I just think that's a bridge too far. I
don't want to -- you know, like I said, I don't want to split hairs here,
but -- and we do want to get this right.
But I wouldn't agree with that, hanging the lease over their head
that if they have a misstep -- and having done this, like I said, with
another organization in town, a Hospice organization, when two
people want to name a water fountain, and they're both legitimate
people, they're not a controversial organization, you know who gets
to name it? Whoever writes the biggest check. That's what naming
rights are all about.
So there usually isn't some sort of controversy unless it's some
April 9,2024
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sort of an individual that has maybe a shady background or an
organization that we don't want to be associated with. But, you
know, sometimes 10 people come forward and they all want to name
the operating room in a hospital, and the person that gets to name it is
whoever's the most generous. I mean, that's what happens, and then
there's no controversy. It doesn't come to us.
David Lawrence Center comes and says, we had 10 people that
all wanted to name the building, and we gave it to Mr. and Mrs. X
because they were the most generous. And, of course, we're trying
to raise the most money.
But I wouldn't want to put the lease in -- and I know the spirit of
what you're saying. I just want to pull back on the stick a little bit
because I just think that that's a little bit -- a little bit of a bridge too
far for something that we might just disagree on that's at a smaller,
lower level rather than just, well, the lease is in jeopardy.
I don't think we want to put the lease in jeopardy over the
naming rights of, you know, a room or a water fountain like we keep
saying, but that's my thought.
CHAIRMAN HALL: Yeah, I agree. I mean, with the right to
refuse, it doesn't mean we'll ever -- and when you think about the
David Lawrence Center, a class organization, we'll never see this.
But we're not always going to be here, the people that are running it
are not always going to be here. So the future board, if
anything -- we all know how the moral character of the country
declines rapidly.
So if there was anything that ever popped up in Collier County,
the Board would have the right to have that discussion. It doesn't
mean that they're going to be arbitrarily approving everything
or -- we're totally going to give it into the hands of David Lawrence
Center but with the right to refuse. And that's all I was -- that's
really where I'm comfortable at. If you don't want that and you just
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want the -- just the adjustment in the lease, I'm comfortable with that,
too.
So we have a -- what's the motion?
COMMISSIONER LoCASTRO: What's the motion?
COMMISSIONER McDANIEL: The motion is to not accept
this naming agreement as presented and make the necessary
adjustments in the lease, and then we can review those when they
bring it back.
CHAIRMAN HALL: Okay. Motion is to -- is to deny that.
All in favor of denying it, say aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN HALL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER KOWAL: Aye.
CHAIRMAN HALL: All opposed?
(No response.)
COMMISSIONER LoCASTRO: I will just --
CHAIRMAN HALL: Did we get a second?
COMMISSIONER LoCASTRO: I'll second it, but I'll second
it --
CHAIRMAN HALL: In retrospect, Commissioner LoCastro
seconds the motion.
COMMISSIONER LoCASTRO: I'll second it with an asterisk
saying that I don't think any of us are here kicking this to the curb.
You know, and maybe we didn't even need to vote on it because a lot
of times, too, when we have an issue, instead of voting, we say, "Hey,
staff, come back to us at the next meeting with a better one." So I
don't want the message to be that five commissioners voted against
David Lawrence Center's naming of anything. What we've said is
we think there could be stronger wordage/verbiage here, and we want
April 9,2024
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you to come back in no later than two weeks, so that we're not
burning the candle too slowly, and bring us back something that we
can all -- I don't know that a vote's really required here because what
we're saying is we want you to come -- but maybe it is. But I don't
really think it is. And I don't want to give the -- like I said, the
wrong impression that all five of us here just shot this down. What
we've done is we all agree that the wording could be tighter to make
us all feel better.
MR. FINN: I think we're clear. I think the Board is supportive
of this in concept. We're going to bring this back in the form of an
amendment to the lease. We will be considering some high-level
right of refusal at some high level to propose to the Board, and we
will expedite it as much as possible.
CHAIRMAN HALL: Yeah, good.
COMMISSIONER LoCASTRO: So maybe no second needed,
and, you know, we'll see you in two weeks.
COMMISSIONER McDANIEL: We're being called to vote on
this naming rights agreement, so...
CHAIRMAN HALL: All right. So we have a motion to deny
this naming -- this agreement. Do we have a second?
COMMISSIONER KOWAL: Second.
CHAIRMAN HALL: We have a second. All in favor of not
approving this service agreement, say aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN HALL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER KOWAL: Aye.
CHAIRMAN HALL: All opposed?
(No response.)
CHAIRMAN HALL: Okay. See you in two weeks with the
April 9,2024
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lease agreement.
MR. FINN: Very good. Thank you, sir.
COMMISSIONER SAUNDERS: That's not an FSU tie, is it?
COMMISSIONER LoCASTRO: I think it's a Harry Potter tie.
Nancy, you'll work with us, right --
MS. DAUPHINAIS: Yes.
COMMISSIONER LoCASTRO: -- to get us the right
verbiage?
CHAIRMAN HALL: You hear our heart, right?
COMMISSIONER LoCASTRO: Yeah. He's a Hufflepuff I
think, right?
MR. FINN: That's funny.
Item #11C
ALTERNATIVES FOR THE COMMUNICATION TOWER SITE
AT MAX A. HASSE JR. COMMUNITY PARK AND DIRECT
THE COUNTY MANAGER OR DESIGNEE TO EITHER: 1)
TAKE NO ACTION ALLOWING THE EXISTING LEASE TO
EXPIRE ON MAY 20, 2024, PURSUANT TO CROWN CASTLE’S
TERMINATION NOTICE, AND AUTHORIZE THE COUNTY
MANAGER OR DESIGNEE TO PROCEED WITH COMPETITIVE
SELECTION OF A WIRELESS COMMUNICATION TOWER
TENANT AT MAX HASSE COMMUNITY PARK OR; 2)
UPDATE GROUND LEASE TERMS WITH CROWN CASTLE
TOWERS 06-2 LLC, A SUBSIDIARY OF CROWN CASTLE USA,
AND RETURN TO THE BOARD FOR APPROVAL OF THE
UPDATED GROUND LEASE AT A FUTURE MEETING. (ED
FINN, DEPUTY COUNTY MANAGER) (DISTRICT 3) - MOTION
TO APPROVE OPTION #2 AND BRING BACK AMENDMENTS
AT THE APRIL 23, 2024, BCC MEETING BY COMMISSIONER
April 9,2024
Page 83
MCDANIEL; SECONDED BY COMMISSIONER LOCASTRO –
APPROVED
MS. PATTERSON: Commissioners, 11.C is a
recommendation to consider alternatives for communication tower
site at Max Hasse Jr. Community Park and direct the County
Manager or designee to either, one, take no action allowing the
existing lease to expire on May 20th, 2024, pursuant to Crown
Castle's termination notice, and authorize the County Manager or
designee to proceed with competitive selection of a wireless
communication tower tenant at Max Hasse Community Park or, two,
update ground lease terms with Crown Castle Towers 06-2, LLC, a
subsidiary of Crown Castle USA, and return to the Board for
approval of the updated ground lease at a future meeting.
Mr. Ed Finn, your deputy county manager, will begin the
presentation.
MR. FINN: Thank you, ma'am.
Mr. Chairman, Ed Finn, Deputy County Manager.
Relative to this site, I guess just to kind of start at a super-high
level, this is to consider these alternatives for this tower site at the
Max Hasse Community Park. It provides -- the item provides a
discussion of that situation.
The tower site has been under a lease agreement since 2010 with
Crown Castle assuming the lease in 2013. Today we have an
unimproved tower site and a termination letter from Crown Castle
that is effective on May 30th of this year.
That being said, our objective today, much as the County
Manager said, is to -- Option 1 is to take no action, allowing the lease
to expire, potentially authorizing the County Manager or designee to
proceed with a procurement effort to get a tower constructed on that
site.
April 9,2024
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The Alternative 2 is to update the lease terms with Crown Castle
Towers 06-2, LLC, a subsidiary of Crown Castle USA, and return to
the Board with approval of an updated ground lease.
Some of the considerations: The letter I mentioned, the
establishment date was mentioned, the current -- the current rent is
approximately 78,4 -- 78,400 per year. That is probably 20- to
$30,000 higher than our typical lease. That being said, this is
viewed as one of our best -- best performing ground leases, if you
will, with the exception, of course, of not providing a tower.
That being said, the terms that we've discussed -- and perhaps
I'll just site this a little bit for you. You can see the arrow points to
the Max Hasse site. And on the site, you'll see the tower location is
parked kind of in the middle, a fair distance away from the property
boundaries.
Some of the considerations that Crown Castle has suggested, the
height adjustment is one of simply allowing the lease to go up to the
permitted height that currently exists as opposed to a limit that was
established in 2010. They were looking for some consideration in
reducing the rent to make this economically feasible, in their view.
And we had some alternatives that we would consider negotiating
with them if the Board elects to move in that direction.
With that said, I guess I'll just go back to the considerations, if
you will. This is kind of where we -- where we see the options at
this point in time.
I will say that Peter Verdachia of Crown Castle, I believe, may
have registered to speak, so he could answer any questions for you.
And Mr. Bosi, of course, is here, and he, too, could answer any
questions that you may have.
CHAIRMAN HALL: Let's hear the public speaker, and then
we'll go into our comments.
MR. MILLER: Mr. Verdachia.
April 9,2024
Page 85
MR. VERDACHIA: Good morning, Mr. Chairman,
Mr. Commissioners. I am Peter Verdachia. I am a project manager
with Crown Castle Real Estate, and I am -- have been working with
Mr. Finn and Jennifer, Ms. Belpedio, on possible renegotiation of the
ground lease that exists at Max Hasse park for the construction of a
communications tower.
To date, we have paid roughly 700,000 in ground lease expenses
over the last 13 years since we acquired the site from AT&T. We
have not been able to construct the tower due to the economic issues
and the space constraints associated with the existing terms of the
ground lease, and so we have proposed to amend the ground lease
pursuant to what you have seen, and we have worked with them to
come to that -- a rough agreement and would like to be able to
proceed with those negotiations, establish an amended lease
agreement sufficient -- with terms sufficient for us to proceed to
construction of the tower site and solicit wireless carriers to install.
I would also add that this -- the agreement that we -- what we've
agreed to includes allowance for Collier County public safety to
install at multiple RAD centers and includes ground space rights for
Collier County public safety as well.
CHAIRMAN HALL: How do you say your last name?
MR. VERDACHIA: Verdachia.
CHAIRMAN HALL: Verdachia.
MR. VERDACHIA: Yes, sir.
CHAIRMAN HALL: I have a question. So we've had this
lease for, you said, 13 years?
MR. VERDACHIA: Since 2010, so 14 years, yes.
CHAIRMAN HALL: Okay. So you haven't been able to
construct a tower because of the ground lease. So why, nine years
ago, didn't you come to us and say, "Hey, if you'll just adjust the
ground lease, we'll get you a tower in the air"?
April 9,2024
Page 86
MR. VERDACHIA: I wish I could answer that question.
CHAIRMAN HALL: Me, too.
MR. VERDACHIA: I've seen e-mails where we did try to
renegotiate it with Michael Dowling back when he sat in the real
estate position at Collier County. That was, I believe, back in
2019/2020.
This -- the lease agreement was originally established by AT&T
and acquired by Crown Castle. And so I've -- I've only sat in this
role for two years, and I've been working diligently to have this lease
amended sufficient so we can construct the tower for those two years.
It's taken a good bit of effort and time to get to this point.
CHAIRMAN HALL: Great. Thank you.
Commissioner McDaniel.
COMMISSIONER McDANIEL: My questions are two, I
mean, and I feel as strongly as the Chairman does with regard to the
lack thereof a tower, et al.
My question for staff is, what prohibitions on the existing
ground lease terms and conditions have been prohibitive for the
construction of a tower? Do they want to build a higher tower than
what we currently allow?
MR. FINN: As I understand it -- and Mr. Verdachia can speak
more specifically -- I believe that the lease that we're charging, which
has a fairly aggressive adjustment every year, it's limited to CPI or 5
percent. And as I noted, at 78,000, it is our best performing tower
lease site.
It has been represented to staff that that is a fiscal dynamic that
makes this difficult to be profitable. There is also a relatively small
footprint. This is about a 900-square-foot lease presently, and the
request is to increase it to a 2100-square-foot plus potentially a need
for a little more space for buffer.
So economic factors combined with limited square footage is
April 9,2024
Page 87
what's been represented to staff as why this hasn't been done in recent
memory. I cannot speak back 10, 14 years on this either.
COMMISSIONER McDANIEL: And we don't really need to
go there. I guess, what's going to get us to having a tower as quickly
as possible? We have the need. The need is past due.
MR. FINN: And I'm glad you asked that. I will say quite
specifically if you sign a lease for a tower site and you fail to compel
the construction of a tower site in that lease, you end up with this
situation. So in the -- if the Board were to elect to move in the
direction of renegotiating the tower lease, we would establish a
framework to compel the construction of that tower as much as
possible.
MR. KLATZKOW: The lease limits the tower to 160 feet.
MR. FINN: That is one of the considerations going forward
would be to adjust that height to what is allowed under code today.
COMMISSIONER McDANIEL: And that --
MR. FINN: That is one of the considerations.
COMMISSIONER McDANIEL: -- may be, then, a larger
footprint for -- for the existence of the tower other than what
currently is allowed under the existing lease?
MR. FINN: And I will let Peter respond to this. I will say the
request is to go from about 900 square foot to 2100 square foot. The
specifics of why that's required, perhaps I can toss over.
MR. VERDACHIA: Yep. I'll be happy to speak to that.
So we need the additional ground space to be able to collocate
all the major wireless carriers. And so they need a specific amount
of space to place their shelters, emergency backup generators, as well
as ice bridges and everything else that goes into a tower. That turns
out to be roughly, you know, a few pieces of 10-by-20 space. And
so that, in combination with the space that we are providing Collier
County, that is the amount of space that we are looking for to be able
April 9,2024
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to solicit all of the wireless carriers and do so quickly without having
to come back and renegotiate for additional space each time we get
interest from a wireless carrier.
CHAIRMAN HALL: I hear you thinking.
COMMISSIONER McDANIEL: Well --
COMMISSIONER KOWAL: I smell something.
COMMISSIONER McDANIEL: Sorry for thinking so loud.
MR. FINN: And if I may, sir, what's proposed here is to have
the tower constructed in two years with an incentive to get it done in
18 months. The incentive being the rent would stay the same until
the tower is completed. If it's completed in 18 months, we would
then credit them for the difference in the rent. If it goes to 24
months, they wouldn't not be credited for that, but the rent would
change, when the tower was constructed, to a lower rate.
The other area of interest is -- also requested is a 30-year
extension, which would bring this ground lease out to 2071, which is
a long way out. The nature of these towers typically tends to be long
term. That may, in fact, be a bridge too far. But we'll leave that to
negotiation if the Board directs us to do so.
COMMISSIONER McDANIEL: And in comparison to other
tower leases that we, in fact, have, you said that this is the most
lucrative. Is it the most lucrative because it's just gone up by
5 percent a year for the past 20 years, or however long it's been in
existence?
MR. FINN: Thirteen, 14 years. Part of it is the annual
adjustment. Part of it is it was established at a reasonable rate. I
believe it was in the high 30s when it was established in 2010,
so -- and it was either the CPI or the actual rate of inflation. So,
certainly, the last two, three years it has accelerated in its adjustment.
COMMISSIONER McDANIEL: Well, my initial inclination
was to allow the expiration and go back out for bid and go through
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procurement again, but that doesn't spell a tower, a direly needed
tower. And so I'll be interested to hear what the rest of my
colleagues have to say.
CHAIRMAN HALL: Commissioner Saunders.
COMMISSIONER SAUNDERS: Thank you.
I guess a couple comments, and then maybe a question or two
here and there.
I'm not concerned about the past. If they've paid $700,000 over
the last 13 years, that's not an issue. That's not a factor in going
forward.
The fact that this is higher performing than all of our other
leases isn't really a factor either. What is a factor is what is the now
going market rate for a space with -- and I have no issue with 2100
square feet. What is the going rate now for a communications
tower?
And I don't know if staff's had the ability or the opportunity to
explore the market, talk to people that are in that business to see what
types of rentals are available, but I think that that's what's important is
what is that rental worth today going forward, not anything in the
past?
We do have a lease that's going to expire, we have a termination
letter, and we do have a process for soliciting proposals. And I'm
just throwing this out as maybe that's the way we should go to make
sure that we're getting the right price. I'm looking at numbers here,
$2500, 3 percent annual escalator. I don't know if that's anything
reasonable or not. I know that staff has had some -- I assume you're
struggling a little bit with what is this really worth.
Well, there's really only one way to find out, and that is to
explore the market through some competitive selection. I don't
know if that slows us down significantly or not, because I think staff
is pretty capable of getting a request for proposals or invitation to
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negotiate or something out pretty quickly. But I'm just throwing that
out because I'm concerned about what is really the right answer, not
necessarily what is the quick answer to get a tower up as quickly as
possible, which we want to do, but at the same time making sure that
we're protecting the taxpayers in terms of getting what's fair and right
for this project.
CHAIRMAN HALL: Commissioner Kowal.
COMMISSIONER KOWAL: Thank you, Chair.
I look at it in a way you're looking at it, Commissioner
Saunders, too, but I'm also looking at, you know, if we walk away
today and say, all right, let's put this out to bid, let's -- you know,
procurement, and -- but I think we're going to have to pretty much
make these adjustments to make it -- you know, dangle that carrot to
make it for somebody else willing to come in and do what we need.
Because the way it's written now with the 160 foot and the footprint
they've been paying to have, I guess, for the future, and what they're
asking for now, what staff is kind of recommending is pretty much
what would have to go out to bid anyways.
So we would be -- you know, especially if we want our public
safety to be on there, and the 160 foot probably wouldn't be suffice,
the footprint wouldn't be to right size.
So in reality, what they're asking for is basically what we'd have
to put out to bid. You know, I don't know if that would be any
quicker going through that process than it would be to just, you
know, renegotiate this lease and have them start.
And this other question, I don't know if it's for Mr. Finn or you,
sir, do you know if -- because I know our ordinance for the towers,
we've been visiting that for the last several months, and, you know,
the ordinance itself's been pretty antiquated compared to what the
new construction can do and how they can be constructed. I mean,
did that play any kind of role in these numbers that we were looking
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at back in the original lease with the 160-foot due to the footprint or
vice versa.
MR. FINN: I'm going to guess that the 160-foot established in
the lease probably was pretty close to the limit at that point. I
believe the limit now is 180 -- -85 --
MR. BOSI: Correct.
MR. FINN: -- foot. Okay. I'm doing okay so far.
COMMISSIONER KOWAL: So 185 -- if we keep the
footprint the same, what's in the lease, or if we go out to 2100?
MR. FINN: I'm not sure the footprint is relevant. It's only
relevant to the business operations of the tower.
COMMISSIONER KOWAL: All right. So that's depending
on how many other groups they have attached to the tower, like
AT&T?
MR. FINN: Yes, yes. As Mr. Verdachia said, he needs the
additional ground space for the -- to serve the needs of the tower
occupants.
COMMISSIONER KOWAL: So anybody else that would bid
on this in the future possibly will probably need the same exact thing
he's asking for, then?
MR. FINN: I would think so. This is where we're at. If the
Board were to direct us to bring back a negotiated lease, we have
been looking at market, and it is a difficult market to evaluate what
the right price is. We would do some more work on that. The
proposal we have is probably lower than it should be to start off,
given the consideration we're going to be -- or we would be
providing.
So we certainly, if directed, would bring that back, would kind
of tighten up on our market analysis, and bring back a
recommendation that, as best we could, achieved that market
requirement for price.
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CHAIRMAN HALL: Commissioner LoCastro.
COMMISSIONER LoCASTRO: I'm going to simplify this a
little bit. Listen, you've had all these years to build a tower, and you
haven't built one. If the lease is about to expire, I say let it expire.
Put it out for bid. You're certainly allowed to bid on it, but a whole
bunch of competitors will as well. We're going to take the best deal,
and then we're going to tell those competitors, don't take 14 years to
build a tower, take 18 months, or you're not going to get the bid, or
there's going to be some sort of penalty.
And I think if that slows down the system a little bit, guys, we
haven't built anything in a decade, or whatever the years were, so it's
not like we've slowed down -- it's been slow.
So this is the -- you know, when your lease is about to run out,
that's when you come here way earlier than this, as Commissioner
Hall said, and say, "Oh, my gosh, you know, we don't want to lose
this, and how do we need to change the parameters of the lease?"
And you know what, putting something out for RFP is how
you'll find out what the market is and how competitive it is. And if
somebody really wants this plot of land and can do it much faster
than what hasn't been done in the past, then we'll sort that out. And
if somebody can't and they rebid, hey, you know, you might get
the -- you might get the bid, and you might wind up paying a heck of
a lot more, but it's because you had to outbid, you know, your
competition. This is a competitive process. And just as you said,
Mr. Finn, we don't really know what the competition is. That's what
an RFP is for. If we put it out for bid and they're the only bidders,
then we know, wow, the market isn't as competitive as we thought.
Nobody really wants it. And I don't think that takes a whole lot of
time.
We've put things out for RFP here, and our direction to the staff
has been, "Please accelerate this." We did it right after the
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hurricane, and we said, you know, "Don't make this be a two-year
process. Get it out. It's an emergent type of thing." This may not
fall in the emergent category but, you know, this shouldn't take five
years to find out if we've got a better company or if these guys can
sharpen their pencils and rebid on a lease they've had. But the tower
never showed up, and now it's about to expire.
So I'm all for letting the lease expire unless somebody can talk
me out of it. I think, to me, this one's very, very clear from a
business standpoint. I realize the importance of the tower, but that
importance has been important for a while, and we still haven't put
shovels in the ground.
So maybe it's time to send them a strong message by saying, you
know, we're going to -- we're going to see what the competition is out
there. And if you want to compete, jump in. And, you know, it
might cost you a little bit more, but we're not going to sit here and
hand massage this lease that you've had for a while, especially when
it's about to expire and we don't know what the competition is. And
I have a feeling the competition's pretty strong out there. And as you
said, I believe this is below market value right now, especially with
how things have changed. And if I'm wrong, an RFP will prove that.
So that's just my position.
CHAIRMAN HALL: Well said.
Additionally, I came in here to just nip this in the bud and start
over, just like you said. But that doesn't -- what's really important is
that we get a dang tower. That's what's important.
COMMISSIONER McDANIEL: Amen.
CHAIRMAN HALL: The amount of money on the lease is
secondary. The term is -- you know, if we go with somebody new,
it's going to be 30 years anyway. I like the changes. I like the
height. I like the fact that local agencies are going to have some
space on there that -- you know, a tower should be a tower that's
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going to benefit the community.
I'm not -- I'm not sold on what the rent is. Commissioner
Saunders had a great point. We ought to find out -- we ought to find
out what the market value is and match that.
We've got a bird in hand, and that's worth two in the bush as far
as getting something done. I don't necessarily agree with giving
them 18 months or two years. We can shorten that term way down.
I mean, the man has stepped up to the podium with intent to do
it. I think -- you know, he's been here two years. We can't crucify
him. It would be easy to try to, but, you know, he's here now saying,
"Hey, we want to build a tower. We just need to do it like this."
So we have a lease that's not due until, what, the end of May?
MR. FINN: The letter actually terminates the lease as of
May 30th.
CHAIRMAN HALL: Okay. So we can rescind our letter if
we need to. If we --
MR. FINN: The tenant presumably could rescind the letter.
CHAIRMAN HALL: Okay. My point is, I think we have time
to find out very quickly what the market value is, adjust these terms
to that, get something done that's agreeable with them, and get a
tower to the public. And if that can't be done, then I'm all about
what Commissioner LoCastro just said, nip it in the bud, start over
with, and see where the chips fall.
Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes. Is my understanding
correct that the current lease expires at the end of May?
MR. FINN: No, sir. There's a -- the tenants initiated a letter to
terminate the agreement effective May consistent with the terms of
the lease that provided for 90-day notice of termination from the
tenant.
COMMISSIONER McDANIEL: Okay. And so the current
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lease goes for another 90 days after the end of May?
MR. FINN: No, sir. The current lease goes to 2031, from
memory, if I'm not mistaken.
COMMISSIONER KOWAL: '41, I think.
MR. FINN: '41. Very good.
COMMISSIONER McDANIEL: And there's no language in
that to compel the contractor to build a tower in the existing lease?
MR. FINN: No. There's no -- there's no penalty for not
building the tower.
What I would say is May 30th should give us time to bring an
item back. Rather than rescinding what we have, I would say we
come back before you with a negotiated lease amendment, and the
fact that that termination exists actually should provide a little
incentive for the tenant to consider what the Board has said here
today.
COMMISSIONER McDANIEL: Does the existing lease have
a "termination for convenience" clause on our behalf like most all of
our others do?
MR. FINN: I'm going to say I am uncertain. I do not think so
because we probably would have exercised it, had it existed.
MR. KLATZKOW: Yeah. The lease provides we can
terminate for cause.
COMMISSIONER McDANIEL: Well -- and would cause be
not building a tower?
MR. KLATZKOW: Unfortunately, no.
COMMISSIONER McDANIEL: Okay. No.
So the May 30th termination is generated by a letter from the
tenant?
CHAIRMAN HALL: Yes.
COMMISSIONER McDANIEL: And, concurrently, the tenant
has offered an alternative negotiated lease for lesser rate and more
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space?
MR. FINN: Essentially, yes. Staff has had some alternatives
to that. And if the Board were to direct us to negotiate that, we
would work on the tenants and try to achieve the Board's goals
including crunching down the schedule for the tower construction
with some incentives, carrot or a stick, whatever's the appropriate
thing, to try to achieve it a little bit quicker.
COMMISSIONER McDANIEL: So if we -- of the two
choices, if we take, No. 1, we go back out to bid and we determine
what the real market is and allow the lease to expire per the
termination letter that we've already received?
MR. FINN: Are you asking me how long it would take for that
alternative?
COMMISSIONER McDANIEL: Yes.
CHAIRMAN HALL: To the second.
MR. FINN: I would tell you it will take us at least six months
to get through the bidding process. Then once they bid, they have to
come up with a design. They have to get their SDP in place, then
they have to construct it. The construction timeline, let's say, that's
12 months. You are talking two and a half or three years, in my
estimation.
COMMISSIONER McDANIEL: Alternative 2 would cost us
about 30,000 a year. We have a compelling -- we have compelling
language in that Alternative 2 that compels them to build a tower
within 18 months or so -- 24 months with an incentive to get it done
within 18 months?
MR. FINN: With the incentive, it was 18 months from,
essentially, being ready to go, lease in place. That was with the
incentive. The outside would be 24 months. And given the Board's
direction, we probably would try to crunch down that 18 months a
little tighter to try to achieve those goals.
April 9,2024
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COMMISSIONER McDANIEL: Well, I -- initially, I was -- I
was more in line with going with Option 1 and going out to market.
But my greater concern is our community and the dire need
for -- to the minute as to when we're going to have a tower that
we -- we're past due.
I certainly -- I want to derive as much revenue as we can for the
county's assets with regard to the utilization of those assets, but in all
sincerity, if we can have a tower there in less than two years, less
than -- certainly less than three years if we throw this to the wolves
and let the market determine it, which could take up to three years, I
would be more inclined to go with Option 2.
MR. FINN: Understood.
CHAIRMAN HALL: Mr. Verdachia, I have a question for you.
So you're Mr. Crown Castle this morning. You're on the spot.
MR. VERDACHIA: Yes, sir.
CHAIRMAN HALL: If we come back to you with what you've
proposed to us and, instead of $2500, we come back at market rate,
just for an arbitrary figure, 4100 bucks, is that a deal killer for you?
MR. VERDACHIA: I believe it would be.
CHAIRMAN HALL: Okay. So if we come back to you with
a squeeze on the time, instead of 18 months down the road you
beginning and we say we'd like to see you begin before this time next
year, would that be a deal killer?
MR. VERDACHIA: I think we would begin, essentially, as
soon as we could. As soon as we had an amended and restated lease
agreement, we would begin the due diligence process, including
surveying, all the stuff that goes into the construction of a tower
pretty much immediately necessary to get the zoning approvals and
everything to be able to proceed to construction.
CHAIRMAN HALL: Okay. So if we go to market and we
find out what the market rate is and it's higher than 2500, then you're
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saying that that would -- that would kill your deal? You wouldn't be
willing to talk about that?
MR. VERDACHIA: No, sir, I'm not saying that. I will say
that 4100 would --
CHAIRMAN HALL: I just said that just --
MR. VERDACHIA: And we did, you know --
CHAIRMAN HALL: An amount higher than 2500.
MR. VERDACHIA: I don't -- no, I wouldn't say that it would.
We would have to take it back for consideration.
Staff did propose an increase, and we met somewhere in the
middle. And so we're proposing, as shown, the 2500, and then staff
proposed a different amount, and I believe we met in the middle at
3,000 with a slight change to the escalator. And so that is a slight
improvement, and I believe that's shown in the agenda as 3,000, but
please correct me if I'm wrong.
CHAIRMAN HALL: Okay. Great.
Commissioner Kowal.
COMMISSIONER KOWAL: Thank you, Chair.
I'm just going to try to put my opinion on what I think's
happening here. Maybe this will clarify some of my members on the
Board.
You know, it's not uncommon for companies to acquire
properties and pay a lot of money for it for future -- future sites or
future endeavors to build on at some point, because it secures them
locations that may be sought after by other people.
I don't know how long AT&T owned it or had a lease with us
for this property, but evidently, they didn't build a tower either. At
some point Crown, back in 2013, acquired this property, signed a
lease with us. And what I think is going on here is Crown is now
ready to build a tower, and I think going into the process, they're
looking at 6,300 -- or '530 dollars a month is above market rate, even
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though they were paying it to secure the property in the future to
build a tower and not let anybody else have that opportunity other
than Crown; that now they put this notice in. We didn't put the
notice in. They could sit back and just keep paying their $6,500 all
the way till 2041. We have no say in that, and they still wouldn't
build a tower.
I think their initiative is now you want to build a tower, and the
money they paid over, in abundance, to keep this property for that
opportunity someday to build the tower, like we're at now, is why
they're coming back to renegotiate with -- and put the letter in with
the intent to renegotiate and maybe bring that number down to a more
market price, not 6500. I don't know. Correct me if I'm wrong, but
I think that's what's kind of taking place here.
And if we do go with what the staff and the Crown
organization's been negotiating, you know, they're talking 3,000, but
that only kicks in once the tower is complete, correct? So they're
still going to go pay 6,500 over the next, possibly, two years or 18
months to completion.
MR. FINN: That would be staff's intent, to provide an
incentive for them to complete that, and then if it is completed on
time, we would then credit them the rent above and beyond the
negotiated amount, credit that back over time so they would get the
benefit of that.
And if I may, there's no zoning required on this property, rather
a Site Development Plan and a building permit is all that's required,
so --
COMMISSIONER KOWAL: That will even expedite the
process even more.
MR. FINN: It should expedite. And as I was reminded, this is
not a building or a construction that we inspect, but rather it's done
through providers. It's outside of the building code.
April 9,2024
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COMMISSIONER KOWAL: Well, I think that -- you know, if
somehow we can test the market with established towers and what
people pay in a similar-sized tower with similar customers on it, and
maybe roll this down the road before the May 30th date and say, "All
right, maybe we are close, 3100, $3200, maybe this is a deal that
could work," we end up getting a tower within 18 months and not
waiting three years, put it out to bid, and take the chance that we
don't get anybody that's a better deal. There's always that chance.
So I don't -- you know, I don't have a problem with us doing a
little bit more legwork and see what the market is out there for an
established tower with rental. I don't even know, what do other
people pay us?
MR. FINN: In the -- approximately, 40- -- 38- to
40- -- $40,000 a year. I don't know the ground acreage or the ground
area that each tower uses, but that's -- my memory tells me that's
about the range that we're in. And there's another one, I think, at
about 65,000.
COMMISSIONER KOWAL: So we're talking 36,000 annually
at the 3,000 mark?
MR. FINN: At 3,000, and that would be our bare minimum
that we would enter into this lease.
And whether or not we go out to 2071 would be something that
we would also attempt to negotiate. We'd look at our other leases
and make sure it's consistent with that and try to do a market analysis.
And this company needs the time to recover its equity in the site. I
don't know whether it's 2071 or lesser amount.
COMMISSIONER KOWAL: Yeah, so I guess where I'm
going is I don't have a problem with us doing a little bit more
legwork on our side. But at the end of the day, this might be our
best option before May 30th to come to some sort of agreement with
Crown and get another lease.
April 9,2024
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But I'll leave it up to my fellow colleagues up here how they
feel.
CHAIRMAN HALL: Commissioner Saunders.
COMMISSIONER SAUNDERS: Thank you.
Mr. Klatzkow, is there an ability to assign this lease, or could
you take a look at -- typically, there would be a right to assign which,
perhaps with the approval of the county, without -- and that approval
would not be unreasonably withheld. I'm just curious if there's an
assignment provision in there. It's not really relevant too much, but
just for curiosity.
MR. KLATZKOW: There is an assignment provision, yes.
COMMISSIONER SAUNDERS: And what does it provide?
MR. KLATZKOW: They may sign a lease if they give us
notice, and be -- it does not say that we've got the right to say no.
COMMISSIONER SAUNDERS: So they could freely assign
the lease. And I'm not suggesting that there's anything nefarious or
anything. But if they've got somebody else that may want to pay
$6,000 a month for a lease, they could assign this lease to somebody
else?
MR. KLATZKOW: Except that they terminated.
COMMISSIONER SAUNDERS: No, I understand. But I'm
just saying if we don't -- if they eliminate their termination and we
start going -- and we go forward with this lease amendment where it's
$2500 a month and we extend the term, theoretically they could
sublease -- or they could assign this at a higher rate. That's just
theoretically. I'm not saying anybody would do that, but...
MR. KLATZKOW: Yes.
COMMISSIONER SAUNDERS: Okay. But anyway, my
issue -- I don't care if these folks build a tower or somebody else
builds a tower. My issue was making sure that we're charging a
rental rate that is reasonable without consideration of the
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600-and-some-odd-thousand dollars that's been paid in the past.
That's a -- that was a business decision that was made that may not
have been the best one, but that's in the past.
If staff can come back with some information concerning what
the rental rates should be -- and you've given us other towers right
now. I think you said one of our towers are paying $60,000 a year,
and you mentioned a couple different numbers that are substantially
higher than what this number would be.
MR. FINN: Than the 36-, yes, I believe there are some that are
higher than that. In the event the Board directs us to bring this back,
we would strive to do so before May 30th, and we would provide all
that information. We would use it in negotiating with the tenant, and
we would provide that information to the Board when we bring that
back before the Board.
COMMISSIONER SAUNDERS: My issue, again, is just to
make sure that we're getting the right amount of rent going forward.
Whether it's $36,000 a year or $46,000 a year, that's important to me.
And if it turns out that this is the right fair market rental and we raise
the height of the tower and the square footage of the area, that's fine.
We could amend the lease and go forward with that, but I need to
know what the rental rate should be.
MR. FINN: Very good.
CHAIRMAN HALL: Commissioner LoCastro.
COMMISSIONER LoCASTRO: Nobody's looking to
prematurely end this lease. So if the lease goes until May 31st,
you've got five weeks to sit down with Crown, and if Crown really
wants to keep this lease, negotiate aggressively, and come back to us
with something smart -- and that includes doing a fair market value
assessment, and if they're not amenable to paying more because that's
what the market will bear, then on the 1st of June, we don't have
Crown anymore, and we put it out for bid. I hope that doesn't
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happen.
Like you say, we have somebody here. We're halfway there.
We're maybe not looking to start from scratch, but I can tell you,
nobody's put a shovel in ground and built this tower for years, so we
are sort of starting from scratch.
But knowing we have until the 31st, you know, Crown, ball's in
your court. If you don't want to -- you don't want this lease to expire
and lose the opportunity to have that piece of property and build a
tower, then do everything humanly possible to work with our staff
and then come back here and let us know, are we going to extend this
lease maybe with different terms that everybody's agreeable to, or if
not, like you said, you know, there's a possibility you would say no,
okay, well, then we would know that as well. But knowing that the
lease goes until May 31st, then nobody here, I don't think, is looking
to end it today.
What I would say is you've summed up the best, Mr. Finn, let's
sharpen our pencils, go back to the drawing board and then come to
us and see if this is a lease that we want to continue to support or we
want to watch it expire and see what's out there on the market?
But that might mean that there's going to be some renegotiation
with them as more information comes in on the value and can they
really build it in 18 months and, you know -- you know,
Commissioner Kowal said at our last meeting -- and I won't say what
the topic was, but he made the comment, "I'm not sure we have the
right team," right, you know, on this one particular project.
And sometimes, you know, you sit here and go, "The lease is
good. The money might be off by a few hundred dollars or this or
that," but in the end you sit here and go, "Can these guys actually do
it," or is there -- are there five other companies out there that are
salivating to take -- to take this lease over on June 1st or at least
negotiate with us at a higher rate, at a more proven -- have a more
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proven concept to build something quickly, you know, et cetera, et
cetera, et cetera.
I don't know the answer to that, but what I would say is I would
support giving them until the last day of their lease, and hopefully
sooner, to negotiate something that we think makes it smart for us to
continue in a business deal with Crown and put pen to paper with
something that has much more specificity, more definitive goals and,
yes, maybe even a much more market-rate competitive price than
what is currently on there. That's what I would support.
So I don't think it's making a decision to end the lease now. It's
to come back to us, just like you said, before this lease expires and
see, do we want it to expire, or do we want to amend it in some way,
and then if they're acceptable to it. If not, then we're going to have
to put it out for RFP, but we don't have to do it today because the
lease still has another five -- what is it? Four -- seven weeks left,
so...
MR. FINN: Absolutely. What we need today is direction on
how to proceed. It is clear to me that there's -- the Board absolutely
wants this tower constructed, and as you might imagine over the last
three years, when we hear about service difficulties in the Estates,
that has become staff's primary focus as well.
So notwithstanding the rent discussion, our primary focus is to
attempt to provide the public -- public service that this tower
potentially could provide. That -- to be candid, that is our primary
focus.
CHAIRMAN HALL: Commissioner McDaniel.
COMMISSIONER McDANIEL: And needs to be our primary
focus. Getting as much rent as is fiscally possible is important, but
the tower --
COMMISSIONER LoCASTRO: Is more important.
COMMISSIONER McDANIEL: -- is more important, period.
April 9,2024
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Do we have the extra land that they're requiring or requesting to
be able to accommodate the extra equipment? Is there enough room
there?
MR. FINN: We believe there is.
COMMISSIONER McDANIEL: At Max -- I'm sorry.
MR. FINN: As we kind of further engage in this, we'll make
sure that we get some preliminary -- preliminary survey information
so that we're not beating down a dead path on this one. But my
sense is that we will be okay with that.
COMMISSIONER McDANIEL: Okay. Well -- and so -- and
I think it's important for us to remember this lease is only expiring
because we got a termination letter.
CHAIRMAN HALL: From them.
COMMISSIONER McDANIEL: From them, so --
COMMISSIONER LoCASTRO: Yeah.
COMMISSIONER McDANIEL: -- this is being generated by
the -- by the tower company specifically. So I think Option 1 is our
best path. That doesn't mean that they can't -- they can't renegotiate
the lease. We have some more data available for what is, in fact,
fair, and then our staff come back to us before this May 30th date of
the existing termination letter.
MR. FINN: And if I may, I think I have the recommendation
pursuant to the executive summary on the board. So we're going
to -- we're going to proceed actually with updating the ground lease
terms with the current tenant and attempt to bring back to the Board
something that we can agree to and the staff can recommend to the
Board.
COMMISSIONER McDANIEL: That gets us the tower quick.
MR. FINN: Yeah. Effectively, we're taking a little bit of
action. We're not just going to allow the letter to run, if you will, sir.
COMMISSIONER McDANIEL: Okay.
April 9,2024
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CHAIRMAN HALL: Mr. Verdachia, you hear our heart. You
hear what we want. We want a tower --
MR. VERDACHIA: Yes, sir.
CHAIRMAN HALL: -- but we also want to be good stewards
of the taxpayers' money.
MR. VERDACHIA: Absolutely.
CHAIRMAN HALL: So it's not personal. It's personal.
MR. VERDACHIA: I completely understand. And I -- as a
taxpayer, I appreciate it.
CHAIRMAN HALL: So we're going to -- we want to come
back very soon. Like, I'd love to see this in two weeks. It's just
what the market rate is. Conversations with them, something that
we're comfortable with, squeeze the timeline down a little bit so we
can get a tower started, and I think you have the will of the Board to
get that done.
MR. VERDACHIA: Thank you.
CHAIRMAN HALL: So do we just --
COMMISSIONER McDANIEL: Option 2, motion.
COMMISSIONER KOWAL: Two.
COMMISSIONER LoCASTRO: It's kind of a hybrid of 2.
Can you pull up 2?
CHAIRMAN HALL: Option 2 is just a --
MR. FINN: I think it may be on your screen at this point.
COMMISSIONER LoCASTRO: Oh, okay. I'm sorry.
MR. FINN: Beg your partner. Sorry about that.
COMMISSIONER KOWAL: Enter into negotiations.
COMMISSIONER McDANIEL: Right there. Option 2,
update the ground lease. So I'll make a motion for Option 2.
COMMISSIONER LoCASTRO: Second.
CHAIRMAN HALL: Motion and second for Option 2. We'll
come back at a later time for some details. All in favor, say aye.
April 9,2024
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COMMISSIONER McDANIEL: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN HALL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER KOWAL: Aye.
CHAIRMAN HALL: All opposed?
(No response.)
CHAIRMAN HALL: Good. Get 'er done.
COMMISSIONER LoCASTRO: See the opportunity you have
here to make your all predecessors look like fools? And you're the
person that made this a huge success.
CHAIRMAN HALL: Mr. Crown Castle, you did good.
COMMISSIONER LoCASTRO: That's right. Thank God
they hired you two years ago.
MR. VERDACHIA: If only they'd done it, like, four years ago.
COMMISSIONER LoCASTRO: Absolutely. There you go.
I like that answer.
CHAIRMAN HALL: You tell them.
COMMISSIONER LoCASTRO: We got that on the record. I
hope your bosses heard that.
Item #12A – Moved from Item #16K3 (Per Agenda Change Sheet)
THE CHAIR TO EXECUTE A SETTLEMENT AGREEMENT IN
THE LAWSUIT STYLED AARON OLDFIELD V. COLLIER
COUNTY, (CASE NO. 22-CA-1851), NOW PENDING IN THE
CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN
AND FOR COLLIER COUNTY, FLORIDA, FOR THE SUM OF
$130,000. (ALL DISTRICTS) - MOTION TO APPROVE BY
COMMISSIONER MCDANIEL; SECONDED BY
COMMISSIONER HALL – APPROVED
April 9,2024
Page 108
MS. PATTERSON: Commissioners, that brings us to
Item 12.A, formerly 16.K.3. This is a recommendation to approve
and authorize the Chair to execute a settlement agreement in the
lawsuit styled Aaron Oldfield versus Collier County now pending in
the Circuit Court of the 20th Judicial Circuit in and for Collier
County, Florida, for the sum of $130,000. This is being -- this was
moved to the regular agenda at Commissioner McDaniel's request.
With that, I'll hand it to the County Attorney.
MR. KLATZKOW: Yeah. And I'll hand it to the
commissioner.
CHAIRMAN HALL: Commissioner McDaniel.
COMMISSIONER McDANIEL: It's been handed off to me.
I'm going to make a motion -- by the way, I'm going to make a
motion for approval of this because -- because...
When I was reading this agenda item -- and I wanted to bring
this up and have a discussion with our -- with our risk folks. Should
we -- should we give consideration to some additional insurance for
our automotive utilization by our staff? I know our -- I know times
are different now. Circumstances are different. The community is
different. People are traveling. People are -- some of the -- some of
the benefits of employment come with the utilization of a government
vehicle. And given the litigious society within which we operate, I
know that there -- statutory limits for exposure are 200,000, and this
settlement is certainly within that boundary.
But the question is: Are we at the -- are we at the time frame
when we should be exploring additional insurance over and above the
statutory limitation?
MR. QUIGLEY: Commissioner McDaniel, Commissioners,
Michael Quigley, director of Risk Management, for the record.
Sir, this is something that we do annually upon renewal. We're
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constantly checking different forms of insurance. With regards to
deductibles and self-insurance, it all basically comes down to the
premium dollars savings that the county enjoys.
A lot of the times, too, what we are subject to is the capacity that
the insurance carriers are willing to offer us. And in this case,
because of the size of Collier County, they may only offer us a
$300,000 self-insured retention. So in this case we're really in the
best spot because we do enjoy the savings of premium dollars.
COMMISSIONER McDANIEL: I understand we're enjoying
the savings of premium dollars. But my question is: Is it -- or do
you only look at the premium dollar exposure in relationship to the
insurance coverage that comes with it only at renewal?
MR. QUIGLEY: I wouldn't say that we just wait upon renewal.
This is a constant annual -- I mean, we're constantly looking at what
our potentials are. When you're talking premium dollars versus
insurance, we're always looking at what is out there for the best
benefit of the county. In this particular case, we're looking at the
savings in premium dollars certainly outweighs any cost that we're
paying in this particular claim. This is an unusual amount that we
are paying at this particular time. Normally our cash dollars and
claim payments are far less.
COMMISSIONER McDANIEL: I understand. And I guess
my -- maybe I'm not being clear with my question. And the
statutory limit is 200,000. The original request, the original
statement of exposure was far -- relatively speaking, far in excess of
the 130- settlement that's, in fact, been reached.
Do you have an estimate as to what the premium expense would
be for the county?
MR. QUIGLEY: I'm trying to figure out actually your
question. The premium expense as far as?
COMMISSIONER McDANIEL: We don't -- we're
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self-insured.
MR. QUIGLEY: Yes, sir.
COMMISSIONER McDANIEL: We have no premium
expense.
MR. QUIGLEY: Correct.
COMMISSIONER McDANIEL: Do you know what that
premium expense would be if we had one?
MR. QUIGLEY: I know we're saving, you know, in excess of
millions annually. I can't give you an exact right now. I can
certainly research it and get that for you.
COMMISSIONER McDANIEL: I won't belabor the point
anymore. I'll make a motion for approval, and I'll speak with you
off-line.
MR. QUIGLEY: Okay, thank you, sir.
CHAIRMAN HALL: Commissioner Kowal.
COMMISSIONER KOWAL: Thank you, Chair.
I didn't think a whole lot about this till Commissioner McDaniel
pulled it and I started taking a deeper dive into it. But I didn't see
enough supporting evidence leading up to where we came with the
130 -- $130,000 number.
Just knowing from my former life, I know that Florida's a
no-fault state and then by statute their own insurance should pay for
their medical bills. And I saw there was a reference to medical bills,
covered medical bills and, by statute, I think the word "serious" has
to come into play.
Do we know -- I didn't see any accident reports. I didn't see
anything in the, you know, supporting documents. Was that a
serious injury sustained from this accident?
MR. QUIGLEY: I'll let --
MR. TOMASKO: Ron Tomasko, Assistant County Attorney.
To answer your question, Commissioner Kowal, in this instance,
April 9,2024
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the gentleman did have a serious bodily injury. It was a rear-end
collision at a traffic signal, and he did have surgery to his neck as a
result of the accident.
Unfortunately, he was uninsured, so that's why the numbers
were so particularly high in this case. He had no form of insurance,
so the providers were able to basically bill the sticker price, if you
will, for the care that he received as a result of the surgery.
COMMISSIONER KOWAL: Well, that makes sense. The no
fault statute wouldn't have kicked in, because he was uninsured.
MR. TOMASKO: Uninsured, right.
All right.
CHAIRMAN HALL: I'll second the motion.
All in favor to approve, say aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN HALL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER KOWAL: Aye.
CHAIRMAN HALL: All opposed?
(No response.)
CHAIRMAN HALL: Thank you, gentlemen.
COMMISSIONER McDANIEL: Thank you.
MS. PATTERSON: Commissioners, that brings us to Item 15,
staff and commission general communications.
Item #15A
PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE
CURRENT OR FUTURE AGENDA BY INDIVIDUALS NOT
ALREADY HEARD DURING PREVIOUS PUBLIC COMMENTS
IN THIS MEETING
April 9,2024
Page 112
MS. PATTERSON: Item 15.A is public comments on general
topics not on the current or future agenda by individuals not already
heard during previous comments in this meeting.
MR. MILLER: We have none.
MS. PATTERSON: Thank you.
Item #15B
STAFF PROJECT UPDATES
MS. PATTERSON: We're to Item 15.B, staff project updates.
First up we have an update on our donated air purifiers -- or not.
Okay. Well, let's shuffle the deck and figure out where our update is
on that.
And we will have -- Item 15.B.2 is a cybersecurity update,
please.
Mr. Gillis, your IT director.
MR. GILLIS: Thank you. Mark Gillis, divisional director of
Information Technology.
I'm here to give you a briefing on our cybersecurity apparatus
and status. Cybersecurity is a strategic priority for the county, and
you're going to see that in the budget process as we go forward
through May.
Mainly, because of the cybersecurity environment of malware
and ransomware out there right now, it's a super important one.
Florida right now is ground zero for attacks in the United States. So
we have to stay vigilant. And to make it worse, it's illegal in the
state of Florida for any government entity to pay ransomware to
actually get your data back.
So we have to be ready to be able to identify, protect, detect,
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respond, and recover from when we get hit. And we will get hit.
We get attacked a thousand times a year.
So I can't really be specific during this briefing, but I'll be as
generalized as possible to let you know that we're covered, okay, and
keep the citizens safe.
So what are we doing? We take the layer effect where we
provide lots of different layers of security. And you're going to see
the slide up here, which I like to use, as the block chain. We have at
least one layer in each of these areas to block cyberattacks. We
partner with top-of-the-industry solutions, whether that be hardware,
software, both in the cloud and on premise.
Things we've done over the last year and a half since I've been
here is we've made major upgrades to our backup capacity. Most of
the backup systems -- the viruses these days can sit in your
environment for six months. So previously we only had about 30
days of backup, so we've now put the hole in that issue, and now we
have over six months.
The other thing that is very important is when you get attacked,
the first thing they do is attack your backups so that you can't get
restored. We put in a mutable backup system and upgraded the
software there. In addition to that, we take backups during the day
in the -- through snapshots, and those are also immutable. So we
should be set pretty well for backup and recovery.
The other thing that we've done is we've updated our SAN
system to put software in place that will not allow horizontal attacks,
so we've segmented off our SAN system. So that will help that way.
We've also made major changes to the segmentation of our
network so that viruses and malware can't go across different types of
network apparatuses.
The other thing, we've updated our password policy. Very
unpopular in the county, but very necessary.
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We now have software that we continuously scan not only our
hardware, our software, to make sure that if any new vulnerabilities
are found, we can actually then get those patched as soon as possible.
We have a team in the cybersecurity department here that actually
takes care of that, and we do that, like, every day. Every minute
we're patching stuff.
We've added some incident recovery capabilities. We've added
multifactor authentication in areas, and we'll be expanding that.
We've upgraded our edge routers so that they can stop the more
complex attacks, and put in virtual firewalls.
We attend FLGISA conferences to help -- and we give briefings
based on what's happening out there with malware and with
ransomware, and we also receive briefings from Homeland Security,
FBI, our Risk Management division. And thanks to the state FLDS
grant, we've gotten about $300 worth of software and apparatus we've
added over the last year, and we are right now in that process of
renewing that grant.
COMMISSIONER LoCASTRO: $300 or $300,000?
MR. GILLIS: Three hundred thousand. I'm sorry.
So in addition to that, we've formalized a training program
throughout the county for cybersecurity training. It's extremely
important. You know, we can do all we can on the hardware and
software side, but really, the human being is the weak link.
So we've formalized a whole training process. And, actually,
since we've actually formalized that, the State of Florida has also
made it mandatory. So our program's been certified so that it covers
that. In addition to that, anybody who has elevated privileges, they
have extended training that they have to do monthly.
CHAIRMAN HALL: Did it.
MR. GILLIS: I'd like to recognize our very talented
cybersecurity team: William Bouza leads that team. He's our
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cybersecurity manager; Eduardo Ruiz; Dennis Linguini; Elsa Riezza
(phonetic); and Forest Abbott. And I also want to give credit to the
previous cybersecurity manager, Augosto Vega. He was very
instrumental in getting us that -- helping us get that grant.
Going forward, what we need to do is we need to continuously
educate our cybersecurity staff, make sure they get the certifications
they need. We're continually sending them to conferences to make
sure that they're kept up to date on the latest attack vectors.
We also need to finish the security operations center room that
we're putting up on the sixth floor here.
And then also we've been working with the County Manager's
Office and the County Attorney's Office about redacting information
about the hardware and software that we have been purchasing to
make sure that that information is redacted from the public records
request so that people outside the county don't know exactly what
kind of software we have so that if a vulnerability is announced, that
they don't know that we have it, and that gives us a chance to patch it.
So I'd like to thank the Board, County Manager's Office for all
the support that they've given us in being able to keep the county data
safe.
I'd be happy to answer any questions.
CHAIRMAN HALL: Thank you, Mr. Gillis.
Commissioner Saunders.
COMMISSIONER SAUNDERS: Thank you, Mr. Chairman.
I asked that we have this update. Obviously, we're getting into
our budget process here very quickly. And I just wanted to make
sure that you have the resources that you need to make sure that we're
doing everything we can do to protect our systems.
And so that's my question to you is -- I know you're preparing
budgets now. I think this is an area where everyone would agree we
have to spend whatever it takes to protect those systems.
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And so that's my question. I'm assuming that your budget
request and everything will take care of everything that you need.
MR. GILLIS: Yes. Our IT budget was done back from
January/February time frame, so that way there we can get it to
everybody else so they'll know how much we need. So it's definitely
a strategic priority. You're going to -- like I said, you're going to see
that in the slides as we go forward. I think the Board has done an
outstanding job helping support, financially, what we need to get
done, and that's accounted for in the -- in the IT budget that we
submitted.
COMMISSIONER SAUNDERS: Thank you.
CHAIRMAN HALL: Commissioner LoCastro.
COMMISSIONER LoCASTRO: Mark, I guess I'm what you
call a heavy e-mail user and --
MR. GILLIS: You are.
COMMISSIONER LoCASTRO: -- you know that since you
and I talk a lot.
I'm not a fan of changing my password every 18 hours and
having it include 28 characters, six symbols, four shapes, and two
animals in my list.
But I'll just go on the record and say that, in all seriousness, I do
want to give you and your team a positive shout-out. You know,
when it's 7 a.m. on a Sunday and I'm trying to do e-mails and
answering a constituent, you know, issues or problems or
whatnot -- and I have had something -- I really don't care what time it
is. I want to be able to call your emergency number and get help
immediately, because it might be a crazy hour, you know, in the real
world, but it's not to commissioners, you know, when we're trying to
get stuff done and things.
I always get instantaneous response. And as you've said before,
you know, usually I send you a note and just say, so you know, I'm
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having a problem, but your guys are on it, you always call me back,
and almost 100 percent of the time you're like, "Commissioner, don't
do anything. I got this," and then -- you know, this just happened,
you know, recently, and then what -- in minutes, you said, "We found
the problem. We've reset it. Try it now," and it worked perfectly.
So, you know, I know that's the job that you have, and the folks
that are on the emergency number, that's what they're supposed to do,
but I can tell you, like all of us, I've used e-mail in all kinds of
business and prior in the military, and sometimes you call that 800
number, you get a voicemail, and you wait seven hours, and you hear
back from nobody. You guys are very responsive.
And, you know, it's not an exact science. The Gremlins
sometimes -- I mean, how many times have you and I traded a text
and you're like, "I don't know why it didn't work 30 seconds ago.
Let me try something," and then it works. But having that response
and that sense of urgency is something that I think we all appreciate.
So, you know, like Commissioner Saunders is saying, we want
you to have the resources that you have when this comes to
financials, but I think the most important resource you have is good
people who know that, you know, we appreciate a sense of urgency
and, you know, we want to be able to be responsive whether we
send -- we're sending an e-mail to Tallahassee or to a constituent that
has a pothole that they're upset about, and we need your system to do
it, and when it doesn't do it, we need to be able to get back online.
I know I -- in particular, I've been in a previous job where I had
a window of time to knock out a whole bunch of stuff, but because IT
was down and I couldn't get ahold of anyone, that window
evaporated, and so it didn't make the most efficient use of my day. I
have not had that here at the county. I've had plenty of frustrations,
but, you know, you and your team really do a great job in record time
getting back with us.
April 9,2024
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And I would hope the rest of the county staff has that
same -- gets that time type of service, because I know I personally
sure have.
So -- and thanks for all the password changes, you know,
on -- there's a need for that. We get it. You know, the thing is,
we're not used to that here, so you're bringing us up to a standard that
exists in other places, and that's why we've got a little bit of
frustration. We're used to, you know, having people have their
password be 1234dog, and it's that way for 17 years, you know.
So, realistically, I won't applaud you for getting us up to that
standard because it's frustrating but, you know, you and your team
are identifying a lot of things that are raising that bar where we need
to be.
But thanks for your quick response, especially at those sort of
inopportune times and crazy hours. It's been much appreciated, and
I just wanted you to know that.
MR. GILLIS: Thank you, Commissioner.
I was lucky when I came to the county. We have a very
talented and dedicated staff here in IT. I think that you'll notice
since I've been here my emphasis is on excellent customer service
because I believe IT is a customer service division. And I'm hoping
that what you see is -- everybody in the county is seeing, and I'm
pretty sure that it is. I know we fall short at times, but we are getting
there. And I appreciate your recognition.
I also wanted to recognize -- our cybersecurity team works
really hand in hand with their net ops team and our hosting team, and
they deserve a lot of credit, because they really have gelled together
in working hand in hand to make sure that all the stuff in my vision
of cybersecurity here at the county really takes place in the manner
that I think that it needs to.
COMMISSIONER LoCASTRO: Thank you.
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CHAIRMAN HALL: Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes. And I also want to
thank you, Mark, and applaud all your efforts that you've done to
help protect us. I think it's important for us to remember we're a
great big company, and there are thousands of users of our IT that
need it every single day.
And with your direction and implementation of these
protections, it's -- it's astounding. It's really astounding.
My question is -- and, you know, Commissioner LoCastro
mentioned the password. I was probably your biggest arguer when it
came time to be changing my password. Have we looked into the AI
programming for the manipulation of the passwords that are utilized?
I know when I sign on to my bank account and put in the password
that I have had for a year-plus, AI cranks out another addition to my
typed-in password. Have we looked into that technology as far as
having to manipulate our own individual passwords?
MR. GILLIS: I think the AI that you're talking about we really
haven't looked into mainly because I think that, you know, what we
instituted in the password change policy is NIS compliant. It's a
standard that's been raised since -- you know, over the last two or
three years, and I think that we're probably fine there.
The more important thing -- what you're talking about, I think, is
multi-factor authentication, which gives us the second nod. And
we're looking at -- right now we're -- like -- I'm sorry. I can't go into
specifics what we're looking at right now, but we are instituting some
changes that will help with that, that second authentication point.
Some of it will make it a little more convenient, some of it maybe not
so more convenient, depending on where you're at, but it will
allow -- there's just some changes coming there.
COMMISSIONER McDANIEL: Okay. I just -- like I said, I
noticed that when I sign on to my bank account and hit "enter" to go
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in, there's a blip on my screen past my password that I'm assuming
their AI, their security is adding to my password to further protect my
efforts in my bank account, and which I thought that might be --
MR. GILLIS: I believe that to be extra multifactor
authentication that they've added in addition to that. You know, like
your credit card, you can have the strip on the back that's actually
added onto part of your credit card number. That's what they're
doing with the multifactor authentication portion of that.
COMMISSIONER McDANIEL: Okay.
CHAIRMAN HALL: Commissioner Kowal.
COMMISSIONER KOWAL: Thank you, Chair.
I'd like to also thank you, Mark, for the hard work you guys do.
And I'm used to changing my password, coming from the Sheriff's
Department. I still don't like it, so -- you know, I did it for 20 years
there, and now I'm doing it here again. I thought I was getting away
from it, but I guess not.
A lot of people don't realize how much more work you guys do
outside of just the IT and our security and stuff like that. I mean,
we've got the pickleball tournament. I know you guys are highly
involved in a lot of the telecommunications of that, the stuff you guys
do out at the sports park. So you guys do a lot of different things, a
lot of different -- for the county that may not be seen behind the
scenes. But, you know, you do a great job at it, and I just wanted to
thank you guys for doing that.
MR. GILLIS: Thank you, Commissioner. Yeah, we run the
whole -- network apparatus so that people like CBS Sports can run
their broadcast over our network so that it can get out there, which is
a huge benefit to the county.
The other thing that people don't realize is that in Paradise
Coast, we've wired every single one of those fields out there so that
they can stream video from there. Now, the people who came and
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video -- did the video service for American Youth Football back in
December, they said we are the only facility in the United States that
will do that. And so really proud of that. That's something, you
know, we've done in the last year, year and a half since I've been
here.
But, again, I have a very talented team that helps me look good,
helps the rest of the IT team look good. So really appreciate them.
COMMISSIONER LoCASTRO: So it's not really you?
MR. GILLIS: No. No, sir. It absolutely is not. There we
go.
CHAIRMAN HALL: Thank you, Mark. You know, you said
the human factor is the weakest link. Please, Jesus, if you go to 16
characters, I'm doomed.
MR. GILLIS: It's funny, because there's a commissioner on the
Board that was complaining about going to 14 characters, and they
were already at 13, I think. So the extra character made a difference,
but it is important.
CHAIRMAN HALL: Thanks.
MR. GILLIS: So we appreciate all your support, we really do.
MS. PATTERSON: Thank you, Mark.
MR. GILLIS: Thank you.
Item #15B1
STAFF PROJECT UPDATES – UPDATE ON DONATED AIR
PURIFIERS – PRESENTED BY DAN SUMMERS
MS. PATTERSON: Let's go back to Item 15.B.1, which is the
update on the donated air purifiers. Now we have our folks in the
room. Mr. Summers.
MR. SUMMERS: Commissioners, for the record, Dan
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Summers, director of Emergency Management. I'm sorry. I was
upstairs engrossed in FEMA policy. So just --
CHAIRMAN HALL: Sorry to bring you down.
MR. SUMMERS: Yeah, it was an exciting read.
Real quick, I just want to thank you for the opportunity to let
Emergency Management participate in the donated air cleaners.
Honestly, that is a terrific opportunity for us to, number one, put
a few of those in the evacuation shelters and make these available to
other non-profit agencies, and we're soliciting them. We're going
through that solicitation right now. We are happy to help facilitate
our NGOs, maybe even deliver them to them so that things like the
non-profit daycares would have an opportunity to have some
additional air purification in their areas for a healthy environment.
So we are happy to do it. It is easy to do within our skill set, and I
believe we have some paperwork. We just have to address some
dollar value on the equipment. And with your blessing, we'll go
ahead and proceed and help execute and get those items out in the
community.
CHAIRMAN HALL: Commissioner Saunders.
COMMISSIONER SAUNDERS: Thank you.
I appreciate that. In terms of any additional information that
you may need in terms of value, if you'll let me know what you need,
I'll --
MR. SUMMERS: Yeah. I think there's just one line on the
form we need to put a value on, and Josh Starrett on our team, who
works with our non-profit agencies, will handle that solicitation, and
we'll support them on the logistics.
COMMISSIONER SAUNDERS: And we have no restrictions
on where these go.
MR. SUMMERS: Okay.
COMMISSIONER SAUNDERS: If you can kind of report
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back to us --
MR. SUMMERS: We will.
COMMISSIONER SAUNDERS: -- on where we're going.
MR. SUMMERS: Yeah. We'll solicit and see the interest.
We'll doublecheck our team and work with facilities, double-check
on that inventory, make sure everything's ready to go, and we'll -- as
soon as we make some progress, we'll report back.
COMMISSIONER SAUNDERS: And, obviously, the health
department --
MR. SUMMERS: Yes. All of those players for that
environment engages. We had a couple of those that we had
acquired during COVID, but there are other areas we can augment
that equipment with.
COMMISSIONER SAUNDERS: How many units did we
ultimately wind up with?
MR. SUMMERS: I want to say it was close to 70 some.
Eighty. Eighty units.
And so, again, we'll -- we have just started soliciting those
partner agencies for that opportunity. And I think it's a great
opportunity for Collier County to support the NGOs and other health
organizations, and we'll be happy to do that as a gesture.
COMMISSIONER SAUNDERS: All right. And then when
these are finally distributed, I do want to get back to the donor and let
them know that we were able to --
MR. SUMMERS: We will. We'll be glad to put a summary of
those activities and where they went and put that together so that the
donating party can close the loop.
COMMISSIONER SAUNDERS: Thank you.
MR. SUMMERS: My pleasure. Thank you.
MS. PATTERSON: Commissioners, one last update. Mr.
Mullins is going to come up and give you an update on our new -- or
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our potential new county logo.
MR. MULLINS: For the record, John Mullins, your director of
Communications, Government, and Public Affairs, and hoping to the
end the day here on a positive note. Let's try to keep it positive. So
we're talking about a potential logo refresh.
Now, on May 8th, Collier County is going to turn 101, and it
may be time to reevaluate our outdated branding. Now, a refresh
could modernize our image while maintaining our core identity. It
can also help to reflect the impact of new ideas and a change in
direction. Also, keep in mind that most businesses refresh their
brand every seven to 10 years.
Now, of course, we have to be mindful that our funding comes
from the taxpayers. So where we might want to refresh our brand of
the last 25 years, we also have to roll it out in a responsible and even
cost-neutral way.
And a few of our county divisions have also been considering
refreshing their old logos, and it would be better to provide an
overarching agency-wide brand first to allow for complementary
aesthetics to be incorporated into their variations.
Now, with that in mind, we took the potential for a logo refresh
to our residents VR-6000 external newsletter subscribers, and on our
social media platforms, and we were careful to point out two
important facts. One, any implementation of a new logo would be
rolled out in a cost-neutral approach applying the new logo to county
equipment and items as they're ordered and replaced and, two, we
would not be proposing to change the official seal of Collier County,
the wild turkey.
The turkey's been the official county seal since being first
adopted by the BCC at their very first meeting in July of 1923, and
the version that's still applied to our official documents today was
designed in the 1960s.
April 9,2024
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COMMISSIONER SAUNDERS: Just so you know, I voted
against that.
MR. MULLINS: So the pencil sketch was provided by
Commissioner Saunders in 1960, and Margaret Scott, the clerk of the
courts, perfected it.
The turkey is undefeated in previous attempts to refresh or
replace. The first suggestion to do so was in 1981 and was tamped
down quickly, and an actual turkey coup attempt in 1984 received a
lot of press.
So pardon the expression, we didn't want to "bite off more than
we can chew" with the turkey, so it's tanned, rested, and ready for
another hundred years if needed.
But for our staff-created logo with its hard to accurately
reproduce gradient sun and its green fronds that almost look like
something you would get at a local dispensary, maybe it's time to
give it a well-deserved sunset.
So previously I sat down with the Chair to gauge his desire to
bring this change forward, and this is what he had to say. "And I
love the fact that we're doing it different. I love that. Just because
the way we've always done it doesn't make it right or doesn't make it
effective. I'm good with change."
CHAIRMAN HALL: I remember that. Thanks for that.
COMMISSIONER McDANIEL: Did you say that?
MR. MULLINS: All right. To be fair, that had absolutely
nothing to do with the logo. But our meeting was of a similar
sentiment, or I would not be standing here before you today.
Now, as mentioned, we put out some options to the public for
their input via a logo refresh survey, and we used them as sort of a
giant focus group to give us a base to work from and, as he did with
the creation of our centennial emblem, our talented graphic designer
and webmaster, Santiago Arenas, who's right behind me, came up
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with some creative diverse variations for the public to consider along
with an option to retain our current county logo. We received 3300
votes; 2200 of those, two-thirds, voted for a change.
COMMISSIONER McDANIEL: Out of 6,000?
MR. MULLINS: Uh-huh. Now, some of that was social
media as well. But, yeah, two-thirds voted for a change in our
branding. And the change leader and runner-up are what's on your
screen right now.
Now, there were also three other options in addition to our
county -- current county logo that they looked at. But we didn't stop
there. We also listened to the feedback that we received in
conjunction with the survey, and we incorporated those into our
front-runner with tweaks for a final design.
So Santiago did what you have in front of you now. This is the
actual proposal.
Now, this also comes in a single-color design, which is much
more easy to replicate than what we currently have, and this would be
the white version, which you might see on glass or on a darker
background.
So what say you? With your consent, we could have this ready
to be rolled out as soon as our 101st birthday or on July 1. But given
the fact that this is going to be done gradually as items are taken out
of circulation or replaced, there really is a flexible start date. I mean,
so we can do this any time that you're ready.
And, of course, with that, I also want to thank Santiago who
came up with these designs after he and his wife welcomed their first
child. So he did it with half the amount of sleep that he's normally
accustomed to, and he does excellent work. And if you have any
questions about his choices in the design, he's here to answer those
questions as well. Otherwise, we defer to you and your expertise.
CHAIRMAN HALL: Commissioner LoCastro.
April 9,2024
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COMMISSIONER LoCASTRO: So, John, what you were
saying is it would be sort of like, you know, cost -- the cost would be
minimal because you'd phase it in over time. It's not like you're
asking for $200,000 to do this. So I heard that part.
I'm just going to play devil's advocate. I like the new design,
and like you said, a little bit of a refresh. Does it bring us 10,000
more visitors? You know, does it do this? Are we doing it just to
do it?
But, you know, I understand marketing, and, you know, the
ability to, you know, put a fresh spin on something. But we're
making that argument, but then we're keeping the turkey. So, I
mean, I'm kind of like, okay -- but I guess my real question is, if you
phase it in over time -- and this is just more of just I'm playing devil's
advocate. The problem is then you have multiple logos everywhere.
We had the old one, we have the new one, and we really don't
gravitate towards the new one for a while, and then you still find old
ones sort of that exist somewhere.
So sometimes -- and I'm not proposing this. But sometimes an
automatic launch for an immediate change actually does re-brand
you. I mean, think about it this way: If Coke or Pepsi or any of the
giant companies said, we want to come up with a new logo, and we'll
exhaust all the cans we have, and all the new cans we'll re-brand, you
would have two different brands on the shelves. They don't do that.
They crush everything, they destroy everything, and they start from
scratch.
You know, they've got a little bit more money than us, and
sometimes, you know, that's not the most cost-effective way. But a
re-brand is really a relaunch, and it's not sort of a phase-in.
So what are your thoughts on that? And this is me just talking
out loud, you know, just to get the conversation going. I don't think
we want to spend three hours, you know, talking about this. I like
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the new logo.
So, you know, hats-off work to the work that, you know, you did
giving it sort of a fresh look. I don't know that it makes us a better
county or anything. But, you know, there is some positives into
giving everything a little bit of a facelift over time.
But, you know, I'll end it by saying, then why don't we get rid of
the turkey? But, anyway, like you said, that's more of a historical
thing.
But what's your thought on what I just said about are we really
re-branding if we're phasing it in over a slow period of time? And
we're doing that to be cost effective. You know, we're waiting for
all the stationery to run out before we use the new one, but then now
you've got multiple logos out there.
MR. MULLINS: Well, it is a brand refresh. I agree
100 percent with what you're saying in regard to a rollout. I mean,
optimally -- and if money was not an issue, we would do this all at
once. We would go down, we'd take out all the signs, we'd replace
all of the stationery, every branded T-shirt or Polo that gets worn by
our staff; all of that would being changed.
But because we are a local government and because we do have
to be spend-thrifty and we have to be mindful of the taxpayers'
investment, the smartest approach, we felt, was to just do a gradual
rollout. Yes, there will be overlap of the existing logo with the
current logo.
And keep in mind, this is a refresh. It's not really a replacement
or a complete re-branding. It is a refreshment of our current logo.
So it's kind of taking what we've had for the last 25 years and
starting our next 100 years saying, okay, this is who we are now.
This is the direction we're going.
COMMISSIONER McDANIEL: I'll just follow it up
where -- by saying there is actually a cost because, like you said,
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we're buying new Polos. If this logo is sitting on our bus stop
shelters or it's somewhere in the county, at some point those stickers,
those decals, those whatever need to be, you know, taken off so we
can more quickly graduate towards the new logo, and if we didn't
pick the new logo, then those things would stay in place unless
they're totally faded or whatever.
So, I mean, I'm just sitting here saying the best use of taxpayer
dollars -- I don't know what my colleagues think, but I thought I
would just push my button and get the conversation started so we can
make a command decision.
MR. MULLINS: And also, I would -- to your comment about
the turkey, it's not that we wouldn't like to shoot it; we probably
would. Now, I'm going to get a lot of flak for just saying that, but at
one point there was a suggestion that we retool the centennial
emblem into a new county seal because it represents a little bit more
of a diverse history of Collier County beyond just, you know, its
primary food source when they got here.
Now, the turkey is still incorporated in that centennial seal, so it
wouldn't be getting rid of the turkey. It would just be adding other
aspects of our history to it. But, once again, we're not trying to start
a civil war here. We're just trying to refresh our brand. So we're
going down the rabbit hole we think we can actually come through
the other side of successfully.
CHAIRMAN HALL: Commissioner McDaniel.
COMMISSIONER McDANIEL: So the one that's on the
screen right now is going to be our new logo?
MR. MULLINS: If you consent to it, yes.
COMMISSIONER McDANIEL: Okay. And so -- and we're
not going to go throw away whatever we have. I mean -- and there
again, we're not a private company, we're a government, and we're
going to utilize the assets that we've already expensed for, and over
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time we're going to orient to this. And so the stickers aren't going to
be replaced until they need to be replaced, and then we'll have the
new logo on those?
MR. MULLINS: Yes, sir.
COMMISSIONER McDANIEL: Okay. So -- and, again, I'll
acquiesce to greater minds with regard to the refreshing aspect of
things just -- you know, I've thought for a long time that the turkey
needed some loving. Just the picture that we have, that artwork's not
the greatest on the planet.
MR. MULLINS: I'm not going to lie, and I'm sure Mr. Arenas
would back me up on this, the turkey is actually very hard to
reproduce.
COMMISSIONER McDANIEL: Yeah. So all that -- all that
not with saying, do you need a motion out of us to go forward with a
refreshing?
MR. MULLINS: That would probably be acceptable, yes.
COMMISSIONER McDANIEL: And if it's on that premise of
no replacement, just redo of what we're doing as we exhaust the
supplies that we have, I'll make the motion.
COMMISSIONER SAUNDERS: I'll second that.
COMMISSIONER LoCASTRO: Can I just ask a quick
question?
MR. MULLINS: Yes.
COMMISSIONER LoCASTRO: Was there ever any thought
to, underneath Collier County -- I don't want to overengineer this
thing -- but underneath Collier County, in smaller font, put the word
"Florida"? I mean, you know, we correspond with counties all over
the country, and we send things all over the country. And granted,
the word "Florida" is in our mailing address or what have you. But I
just wondered if part of the branding was -- you know, if I lived in
Utah and I saw this, I wouldn't know where Collier County was. But
April 9,2024
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if in smaller print with the same font it said "Florida," it might be
more sort of nationally recognizable. Just a thought. I mean, the
palm tree tells you that it's not Montana, but I was just curious if
there's any thought to that.
MR. MULLINS: Well, we have Santiago here. I'm sure, as
part of this design, he started to look at what other counties do in this
state, and probably beyond. But I know that he had some things in
the back of his mind to give him direction on this particular
incarnation.
So let's just have Santi talk about what he covered on that
journey.
COMMISSIONER LoCASTRO: Did you get any sleep last
night with the baby?
MR. ARENAS: No, I do not.
COMMISSIONER LoCASTRO: I figured.
MR. ARENAS: Still not. Four months and going.
Thank you for having me here.
In regards to adding the "Florida" right below it, it is a
possibility, and it could be an option down the road.
Going from what we have, which is Collier County, right now in
the current one, we do not have the State of Florida. And after
looking at -- after doing research, looking at various different
counties within the state of Florida, I would probably have to say the
majority of them don't have the word "Florida" on it. And some of
them do have the "FL" on it but as a second option or as an optional
item that they can actually put out to either advertising, public
relation material, marketing materials or products.
CHAIRMAN HALL: All right. We have a motion and a
second to refresh. All in favor, say aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER LoCASTRO: Aye.
April 9,2024
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CHAIRMAN HALL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER KOWAL: Aye.
MR. MULLINS: And would the Board have a preference as to
when this rollout begins? Would you prefer it be in conjunction
with our 101st birthday, would you prefer it be July 1, or just at our
leisure?
CHAIRMAN HALL: Well, the eclipse has already passed, so
it's up to you.
MR. MULLINS: All right. We can take that as guidance.
Thank you very much.
MR. ARENAS: Thank you.
Item #15C
STAFF AND COMMISSION GENERAL COMMUNICATIONS
MS. PATTERSON: Commissioners, that brings us to staff and
commission general communications. And before Mr. Mullins goes
way, I have two things.
Sorry, John.
First off, we just wanted to touch base on the ethics bill from
last -- from last agenda.
COMMISSIONER SAUNDERS: Let's just delay that --
MS. PATTERSON: Okay.
COMMISSIONER SAUNDERS: -- because I know Senate
President had some interest in that issue, and let's just put that off
until we have a little further -- well, I guess --
MS. PATTERSON: We're getting -- John may want to come
up and say we're kind of getting to that point in time where
something's going to happen to it.
April 9,2024
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COMMISSIONER SAUNDERS: I don't think it -- has it gone
to the Governor yet?
MR. MULLINS: No, it has not. It's been enrolled since
March 8th, so it's been a month now that it could have been in a
posture to be presented to the Governor. It has not at this point,
which could just signal that there may be some issues they're trying
to consider in determining what the Governor's action will be, or it
could just be that there's a backlog of bills waiting to get there. I
don't want to read too much into that.
COMMISSIONER SAUNDERS: I just hate to do this under
the circumstances, but -- the issue is that the Senate President did
have some interest in that bill, and I wanted to have her office have
an opportunity to let us know what that interest is.
Why don't we do this: Why don't we continue this until the
next meeting. If the Governor signs it between now and then, so be
it, but I'll talk to her office and see if there's any interest in some
participation on her part.
MR. MULLINS: Okay. Very good.
MS. PATTERSON: The second -- speaking of the Governor,
we did, some of us -- I think Commissioner Kowal received, and I
did, too, a call for action from the City of Naples regarding the
$5 million appropriation for the Naples Pier being subject to further
scrutiny.
The City of Naples is requesting letters of support for that
money to stay in, which obviously is of interest to us. That's going
to be a very expensive endeavor to rebuild the pier.
So if it's all right with the Board, we could have Mr. Mullins
write up a letter of support. They provided a sample letter, which is
one that was written by the City Council, so it will need some
adjustment, but we can have Mr. Mullins work on a letter of support
for the Chair's signature.
April 9,2024
Page 134
CHAIRMAN HALL: Bring it.
MS. PATTERSON: All right. Thank you very much. That's
all I have.
County Attorney.
MR. KLATZKOW: Nothing. Thank you.
MS. PATTERSON: Commissioners.
CHAIRMAN HALL: Commissioner Kowal.
COMMISSIONER KOWAL: I just want to say I think we did
a lot of good work today efficiently in a timely manner. So thank
you all.
CHAIRMAN HALL: Okay. Commissioner Saunders.
COMMISSIONER SAUNDERS: I will ditto that, and I don't
have anything else to add.
CHAIRMAN HALL: Commissioner LoCastro.
COMMISSIONER LoCASTRO: I just had a couple of quick
things.
One of the things we passed on the consent agenda -- and I just
wanted to make note of it -- is 16.F.6. And it was great work by our
County Manager team and especially our Parks and Rec leadership to
work with Tallahassee to get us a quarter of a million dollars’ worth
of money that we're going to put towards Caxambas.
So in the newsletter that I'm about to release this week, I'll be
talking a lot about Costco, in case you're wondering, separating
rumor from fact, but even more about Caxambas.
You know, citizens that drive by Caxambas and think we've
done nothing couldn't be further from the truth. A lot of these are
the same people that drove by the Winterberry Tax Collector's Office
and thought we were doing nothing, and then we opened a new
office. We have a contractor to build the new building on the old
site. We have an artist rendering. So things take time. When you
lose the roof on your house, you call Allstate, and a roofer shows up,
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you know, pretty quick. When you're dealing with taxpayer dollars,
it's a little bit more complicated.
But thanks to our Parks and Rec team for not only getting that
$250,000 to add to the pot -- the total rebuild of Caxambas is going to
be a lot more expensive than that, and I'll have details in my
newsletter that I'm sending out in the next couple of days, but good
work there.
Added to that, to Parks and Rec -- and, you know, Tanya, I
know you're listening in the back. I recently read an article that
talked about a tragedy that happened -- and I forget what state it was
in. It was just something that I just remembered, and it talked about
how the AED at the pool at this location, the batteries were dead.
And so I think the person actually passed. It's not in Florida.
And like I said, I just sort of read it, you know, quickly in
passing, but it made me think, we're sitting here about to turn the
corner on May, June, July, you know, the summer's coming. I know
we have a checklist that has us go through every, you know, AED
and make sure that, you know, the batteries aren't rusty or old. And
so I'm not saying that we have a problem. But just as a quadruple
check, let's make sure that we don't have any stone unturned, you
know, when it comes to AEDs, because we have them everywhere,
but they're only good if they work.
And so somebody pulling it off the wall and finding out that that
was the one that was missed, you know, during the three-year check
or what have you -- so I don't know. Obviously, you're about to
make a comment.
I remember having a conversation saying we had a really great
aggressive program to check our AEDs, so I'm not being directive
that we don't do it -- that we don't have it, but it was just more of a
reminder.
So your comment?
April 9,2024
Page 136
MS. WILLIAMS: Thank you, Commissioner.
For the record, Tanya Williams, public services department
head.
And as I walked up, Mr. Finn was already on his phone
coordinating with Facilities. Facilities regularly checks and special
monitors our AED systems. So it's on a regular basis. It's on a
regular check. But that is a good reminder. May is right around the
corner and as we start summer, summer use. So thank you, sir.
COMMISSIONER LoCASTRO: And I don't say this to be
sarcastic. We're all the -- we're all a county team. But we have the
same aggressive checks for lightbulbs, yet how many times have I
gotten an e-mail from somebody saying, "I played tennis last night,
and four of your seven lightbulbs have been burned out for six
months"? And that's an actual e-mail. And then we're, like, shame
on us that nobody caught it. And so AEDs are a life-and-death
thing. So, you know, thank you.
And then, lastly, I just wanted to say, unlike Senator -- or, you
know, former senator. I say Senator Saunders, who knows
Kathleen -- Senator Passidomo personally and has worked, you
know, closely with her, I've only had a similar experience probably,
as the other commissioners, maybe more or maybe less, which was
just business. You know, I'm not in her social circle or anything.
But even before being a commissioner and during a
commissioner, I did have some interactions with John Passidomo,
and I just want to say, you know, he was a -- he was a really great
man, and a lot of things that are -- that came to this county that were
good and were big improvements that Senator Passidomo really
couldn't do because it might be a conflict of interest or it was, you
know, something that maybe -- you know, he really was an
incredible -- you know, for lack of a better term -- and they've been
saying in the paper, "First Husband."
April 9,2024
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So when it came to the Naples Senior Center, you know, he was
really big on that. You know, he really had a lot of clout in this
county, so he was able to talk to people like the Bakers and some
others that are big philanthropists and they -- in the county and shake
the trees.
So total freak accident. I mean, the guy was in probably better
shape than all of us sitting up here. And, you know, he'll be missed,
because he really added a lot to the county.
And I know the interactions I had with him -- and they were
business. We weren't social -- you know, in social circles or
anything. Always super professional, you know, knew his stuff, got
behind causes and, you know, was relentless but not unprofessional.
And so, you know, I was shocked as everybody was to see that he
passed.
I'll just end it by telling you when I was at Physicians Regional,
we had somebody that came in, and they had already expired. And
they were a cyclist, and they were in their early 70s, and it was a
gentleman that was in one of those Speedo, you know, Olympic
cycling suits, rode 100 miles a day, and all of this and had another
freak accident. He was on U.S. 41 and sort of on a tight little -- it'll
not even a bicycle path. But for some reason, you know, he had to
be riding down 41, got off into the gravel. And I remember the
paramedics telling us in the ER, he hit one rock that was on the side
of the road, that if he would have been two inches north or south or
east or west, you know, he would have had scratches, but it hit him
right on the temple.
You know, Mr. Passidomo must have had something sort of,
you know, once in a lifetime, you know, unfortunate, unique
accident.
But I just thought I would just tell a little bit of a personal story
that I was always really impressed with him even though I didn't
April 9,2024
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know him on a personal social level. You know, this county will
miss his leadership for sure and his efforts behind the scenes a lot of
times as well, so...
CHAIRMAN HALL: Commissioner McDaniel.
COMMISSIONER McDANIEL: We'll all miss him, and those
were -- it was a good acknowledgment. He was our friend and
certainly a terrible loss.
And other -- I have nothing else to add.
CHAIRMAN HALL: Okay.
COMMISSIONER McDANIEL: We're done.
CHAIRMAN HALL: I have nothing to add, so -- except for
Mr. Mullins, I'll have to say that we are adjourned therefore hereto.
Not Shakespeare.
*******
****Commissioner McDaniel moved, seconded by Commissioner
LoCastro, and carried that the following items under the consent and
summary agendas be approved and/or adopted****
Item #16A1
RESOLUTION 2024-48: A RESOLUTION FOR FINAL
ACCEPTANCE OF THE PRIVATE ROADWAY AND
DRAINAGE IMPROVEMENTS AND ACCEPTANCE OF THE
PLAT DEDICATIONS FOR THE FINAL PLAT OF ANTHEM
PARKWAY PHASE FOUR, APPLICATION NUMBER
PL20200002048, AND AUTHORIZE THE RELEASE OF THE
MAINTENANCE SECURITIES IN THE AMOUNT OF $76,642.30
(DISTRICT 5)
April 9,2024
Page 139
Item #16A2
FINAL ACCEPTANCE OF THE POTABLE WATER AND
SEWER UTILITY FACILITIES AND ACCEPT THE
CONVEYANCE OF A PORTION OF THE POTABLE WATER
AND SEWER FACILITIES AND APPURTENANT UTILITY
EASEMENT FOR ALTIS SANTA BARBARA, PL20230009204.
(DISTRICT 1) - A FINAL INSPECTION WAS CONDUCTED BY
STAFF ON DECEMBER 7, 2023, IN COORDINATION WITH
PUBLIC UTILITIES, AND THESE FACILITIES HAVE BEEN
FOUND TO BE SATISFACTORY AND ACCEPTABLE
Item #16A3
FINAL ACCEPTANCE OF THE POTABLE WATER AND
SEWER UTILITY FACILITIES AND ACCEPT THE
CONVEYANCE OF A PORTION OF THE POTABLE WATER,
ALL THE SEWER FACILITIES, AND THE APPURTENANT
UTILITY EASEMENT FOR FAIRGROVE COACH HOMES,
PL20230009259. (DISTRICT 2) - A FINAL INSPECTION WAS
CONDUCTED BY STAFF ON DECEMBER 20, 2023, IN
COORDINATION WITH PUBLIC UTILITIES, AND THESE
FACILITIES HAVE BEEN FOUND TO BE SATISFACTORY
AND ACCEPTABLE
Item #16A4
RESOLUTION 2024-49: A RESOLUTION FOR THE FINAL
ACCEPTANCE OF THE PRIVATE ROADWAY AND
DRAINAGE IMPROVEMENTS AND THE PLAT DEDICATIONS
FOR THE FINAL PLAT OF ESPLANADE AT HACIENDA
April 9,2024
Page 140
LAKES PHASE 3, APPLICATION NUMBER PL20170004477,
AND AUTHORIZE THE RELEASE OF THE MAINTENANCE
SECURITY IN THE AMOUNT OF $278,132.99. (DISTRICT 1)
Item #16A5
RESOLUTION 2024-50: A RESOLUTION FOR FINAL
ACCEPTANCE OF THE PRIVATE ROADWAY AND
DRAINAGE IMPROVEMENTS AND ACCEPTANCE OF THE
PLAT DEDICATIONS FOR THE FINAL PLAT OF ESPLANADE
AT HACIENDA LAKES PHASE 4, APPLICATION NUMBER
PL20180000648, AND AUTHORIZE THE RELEASE OF THE
MAINTENANCE SECURITY IN THE AMOUNT OF $363,307.05.
(DISTRICT 1)
Item #16A6
FINAL ACCEPTANCE OF THE POTABLE WATER AND
SEWER UTILITY FACILITIES FOR LAKE PARK DINER AT
FOUNDERS SQUARE, PL20240000750. (DISTRICT 3) - FINAL
INSPECTION WAS CONDUCTED ON MARCH 1, 2024, AND
THESE FACILITIES HAVE BEEN FOUND TO BE
SATISFACTORY AND ACCEPTABLE
Item #16B1
GRANT AGREEMENT NO. LPA0494 WITH THE FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP)
FOR GOLDEN GATE CITY STORMWATER OUTFALLS IN THE
AMOUNT OF $2,810,500, EXECUTE ALL NECESSARY FORMS,
AND AUTHORIZE THE NECESSARY BUDGET
April 9,2024
Page 141
AMENDMENTS (FUND 1841 PROJECT #51029). (DISTRICT 3)
Item #16B2
THE SELECTION COMMITTEE’S RANKING AND AUTHORIZE
STAFF TO BEGIN CONTRACT NEGOTIATIONS WITH
KISINGER CAMPO & ASSOCIATES, CORP., RELATED TO
REQUEST FOR PROFESSIONAL SERVICES (“RPS”) NO. 23-
8164, “DESIGN SERVICES FOR GOODLETTE FRANK RD-
VANDERBILT BEACH RD TO IMMOKALEE RD,” SO STAFF
CAN BRING A PROPOSED AGREEMENT BACK FOR THE
BOARD’S CONSIDERATION AT A FUTURE MEETING
(PROJECT #60259). (DISTRICT 5)
Item #16B3
AGREEMENT FOR THE PURCHASE OF A DRAINAGE
EASEMENT (PARCEL 145DE) REQUIRED FOR THE WEST
GOODLETTE-FRANK ROAD AREA STORMWATER
IMPROVEMENT PROJECT PHASE 2 (PROJECT NO. 60142).
ESTIMATED FISCAL IMPACT: $22,810. (DISTRICT 4) -
LOCATED ON THE SOUTH SIDE OF THE PARENT TRACT
Item #16B4
AGREEMENT FOR THE PURCHASE OF A DRAINAGE
EASEMENT (PARCEL 140DE) REQUIRED FOR THE WEST
GOODLETTE-FRANK ROAD AREA STORMWATER
IMPROVEMENT PROJECT PHASE 2 (PROJECT NO. 60142).
ESTIMATED FISCAL IMPACT: $7,990. (DISTRICT 4)
April 9,2024
Page 142
Item #16B5
RESOLUTION 2024-51: RESOLUTION 2024-52: RESOLUTION
2024-53: THREE RESOLUTIONS AUTHORIZING THE
CHAIRMAN TO EXECUTE TWO SECTION 5311 PUBLIC
TRANSIT GRANT AGREEMENTS (FPN 451893-2-94-22 AND
FPN 454246-1-94-23), AND ONE SECTION 5339 PUBLIC
TRANSIT GRANT AGREEMENT (FPN 439255-1-94-23) WITH
THE FLORIDA DEPARTMENT OF TRANSPORTATION TO
ACCEPT FEDERAL TRANSIT ADMINISTRATION GRANT
FUNDING IN THE TOTAL AMOUNT OF $1,398,274 FOR THE
PURCHASE OF TWO REPLACEMENT BUSES AND A
SUPPORT VEHICLE TO SUPPORT FIXED ROUTE SERVICES
IN THE RURAL AREAS, AND TO AUTHORIZE THE
NECESSARY BUDGET AMENDMENTS. (DISTRICT 5)
Item #16B6
BUDGET AMENDMENT AND AMENDMENT NO. FIVE TO
AGREEMENT NO. 18-7382 - PROFESSIONAL SERVICES
AGREEMENT FOR COLLIER AREA TRANSIT FIXED ROUTE,
DEMAND RESPONSE, AND TRANSIT OPERATIONS
MANAGEMENT SERVICES WITH MV TRANSPORTATION,
INC., TO INCORPORATE RATES, MAKE CONTRACT
MODIFICATIONS, AND EXERCISE THE FIRST RENEWAL
TERM. (ALL DISTRICTS)
Item #16C1
TERMINATE FOR CONVENIENCE AGREEMENT NO. 22-7957
FOR “ELECTRICAL COMPONENT SERVICES” WITH
April 9,2024
Page 143
SWANSON’S ELECTRIC, INC. (ALL DISTRICTS)
Item #16C2
THE SELECTION COMMITTEE’S RANKING AND AUTHORIZE
STAFF TO BEGIN CONTRACT NEGOTIATIONS WITH THE
TOP-RANKED FIRM, JOHNSON ENGINEERING, INC.,
RELATED TO REQUEST FOR PROFESSIONAL SERVICES
(“RPS”) NO. 23-8193, “DESIGN SERVICES FOR
TRANSMISSION WATER MAIN IMPROVEMENTS
(VANDERBILT BEACH RD. AND AIRPORT PULLING RD.),”
SO THAT STAFF CAN BRING A PROPOSED AGREEMENT
BACK FOR THE BOARD’S CONSIDERATION AT A FUTURE
MEETING (PROJECTS #70268, #70285 & #70286). (DISTRICT 2)
Item #16C3
AWARD A $671,400.00 PURCHASE/WORK ORDER
COMPRISED OF $621,400 AS A NEGOTIATED LUMP SUM
PAYMENT FOR THE WORK, TOGETHER WITH A $50,000
ALLOWANCE TO COVER UNFORESEEN WORK, TO
DOUGLAS N. HIGGINS, INC., UNDER AGREEMENT NO. 20-
7800 UNDERGROUND CONTRACTOR SERVICES AND
AUTHORIZE THE CHAIRMAN TO SIGN THE
PURCHASE/WORK ORDER FOR NRO WELLS 117N AND 119N
IMPROVEMENTS - RAW WATER MAIN REPLACEMENT
(PROJECT NO. 70085). (ALL DISTRICTS)
Item #16C4
AWARD REQUEST FOR PROPOSAL (RFP) NO. 23-8124,
April 9,2024
Page 144
“DEBRIS MONITORING AND DISASTER PLANNING
SERVICES,” TO TETRA TECH, INC., AS PRIMARY, AND
THOMPSON CONSULTING SERVICES, LLC, AS SECONDARY,
AND AUTHORIZE THE CHAIRMAN TO EXECUTE THE
ATTACHED AGREEMENTS. (ALL DISTRICTS) - TO OBTAIN
CONTRACTED SERVICES FOR FEDERAL EMERGENCY
MANAGEMENT AGENCY (FEMA) REQUIRED DEBRIS
MONITORING AND DISASTER PLANNING SERVICES
Item #16D1- (Continued from the March 26, 2024, BCC Meeting)
AFTER-THE-FACT PAYMENT IN THE AMOUNT OF $14,268.87
TO ROBERT HALF INTERNATIONAL, INC. FOR TEMPORARY
STAFFING SERVICES PROVIDED TO SUPPORT HOUSING
RELATED PROGRAMS AND FIND THESE EXPENDITURES
HAVE A VALID PUBLIC PURPOSE. (ALL DISTRICTS)
Item #16D2
A SUBORDINATION AGREEMENT WITH HABITAT FOR
HUMANITY OF COLLIER COUNTY, INC., TO SUBORDINATE
THE COUNTY’S HOME INVESTMENT PARTNERSHIP ACT
AND THE COMMUNITY DEVELOPMENT BLOCK GRANT
MORTGAGES AND DECLARATION OF RESTRICTIVE
COVENANTS DUE TO LIEN POSITION ORDER. (ALL
DISTRICTS)
Item #16D3
AFTER-THE-FACT GRANT APPLICATION FOR A THREE-
YEAR DEPARTMENT OF LABOR VETERAN’S EMPLOYMENT
April 9,2024
Page 145
AND TRAINING SERVICE GRANT IN THE AMOUNT OF
$1,279,413. (ALL DISTRICTS)
Item #16D4
AFTER-THE-FACT SUBMISSION REQUEST FOR
PROPOSAL TO THE AREA AGENCY ON AGING FOR
SOUTHWEST FLORIDA TO OBTAIN THE COMMUNITY CARE
FOR THE ELDERLY, ALZHEIMER’S DISEASE INITIATIVE,
HOME CARE FOR THE ELDERLY LEAD AGENCY
DESIGNATION IN ORDER TO PROVIDE CASE
MANAGEMENT SERVICES, HOME AND COMMUNITY-
BASED SERVICES AND OTHER REQUIRED LEAD AGENCY
FUNCTIONS OF THE COMMUNITY CARE FOR THE ELDERLY
PROGRAM FOR A TOTAL AWARD AMOUNT OF
$2,285,487.61, INCLUDING THE MATCH REQUIREMENT OF
$124,556. (ALL DISTRICTS)
Item #16D5
THE DOMESTIC ANIMAL SERVICES DIVISION TO
PARTICIPATE IN THE SENIORS FOR SENIORS PROGRAM
PROVIDED BY FOR THE LOVE OF CATS WHICH PAYS THE
ADOPTION COSTS FOR SENIORS TO ADOPT SENIOR CATS
TO INCREASE CAT ADOPTIONS. (ALL DISTRICTS)
Item #16D6
THE DOMESTIC ANIMAL SERVICES DIVISION TO
CONTINUE PROVIDING THE HELPING HEARTS HEAL
PROGRAM TO FACILITATE MEDICAL TREATMENT FOR
April 9,2024
Page 146
ANIMALS WITH HEARTWORMS THAT ARE IN DAS
CUSTODY OR HAVE BEEN RECENTLY ADOPTED. (ALL
DISTRICTS) - TO TREAT ANIMALS WITH HEARTWORMS
ONCE THEY ARE IN FOSTER CARE OR ADOPTED
Item #16E1
SECOND AMENDMENT TO AGREEMENT 18-7263 FOR THE
COUNTY’S VISA COMMERCIAL CREDIT CARD WITH J.P.
MORGAN CHASE BANK N.A. PREPARED BY THE
PROCUREMENT SERVICES DIVISION. (ALL DISTRICTS) –
TERM FOR FIVE YEARS
Item #16F1
AUTHORIZE EXPENDITURES UNDER A SINGLE-SOURCE
WAIVER FOR A PERIOD OF FIVE YEARS, IN AN AMOUNT
NOT TO EXCEED $100,000 PER FISCAL YEAR, TO OBTAIN
ORIGINAL EQUIPMENT MANUFACTURER (“OEM”) PARTS,
AND NON-OEM PARTS, FREIGHT, AND SERVICES FROM
TAMPA TRUCK CENTER LLC, D/B/A SOUTHPORT TRUCK
GROUP, THAT ARE NECESSARY TO MAINTAIN COUNTY-
OWNED TRUCKS AND EQUIPMENT. (ALL DISTRICTS)
Item #16F2
AWARD REQUEST FOR PROPOSAL (“RFP”) NO. 23-8126,
“CLOSED CIRCUIT TELEVISION SYSTEMS (CCTV)
MAINTENANCE, REPAIR, AND INSTALLATION SERVICES,”
TO DIAMOND SECURITY & SOUND, LLC, AND AUTHORIZE
THE CHAIRMAN TO SIGN THE ATTACHED AGREEMENT.
April 9,2024
Page 147
(ALL DISTRICTS)
Item #16F3
RELEASE OF CLAIMS REQUIRED BY SUNSHINE LUBES LLC,
D/B/A VALVOLINE INSTANT OIL CHANGE, FOR THE
CORRECTED REPAIR OF COUNTY VEHICLE CC2-705
RESULTING FROM A JULY 12, 2023, OIL CHANGE SERVICE.
(ALL DISTRICTS)
Item #16F4
BUDGET AMENDMENT IN THE AMOUNT OF $467,500
WITHIN COUNTY WIDE CAPITAL PROJECT FUND (3001) TO
REALIGN PROJECT TO APPROPRIATE FUND CENTERS. (ALL
DISTRICTS)
Item #16F5
RESOLUTION 2024-54: A RESOLUTION APPROVING
AMENDMENTS (APPROPRIATING GRANTS, DONATIONS,
CONTRIBUTIONS, OR INSURANCE PROCEEDS) TO THE
FISCAL YEAR 2023-24 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)
Item #16F6
THE COUNTY MANAGER AS DESIGNEE TO EXECUTE A
April 9,2024
Page 148
MEMORANDUM OF UNDERSTANDING WITH VOLUNTEER
FLORIDA AND TO ACCEPT AN AWARD OF UP TO $250,000
FOR THE REPAIR OF DAMAGE TO THE CAXAMBAS PARK
AND BOAT RAMP RESULTING FROM HURRICANE IAN.
(ALL DISTRICTS)
Item #16F7
IMMOKALEE IMPACT FEE INSTALLMENT PAYMENT
ALLIANCE INC., TO ALLOW $195,160.96 IN IMPACT FEES TO
BE PAID OVER 30 YEARS AS A SPECIAL ASSESSMENT FOR
16 AFFORDABLE MULTI-FAMILY RENTAL UNITS WITHIN
THE IMMOKALEE FAIR HOUSING ALLIANCE RPUD
PROJECT. (DISTRICT 5)
Item #16F8
RECOGNIZE AND APPROPRIATE REVENUE IN THE PELICAN
BAY CAPITAL FUND (3041), TRANSFER FUNDS TO
COMMERCIAL PAPER FUND (2023) IN THE AMOUNT OF
$81,000, AND AUTHORIZE ALL NECESSARY BUDGET
AMENDMENTS. (DISTRICT 2)
Item #16F9
EARLY REOPENING OF NEGOTIATIONS AND
AMENDMENTS TO THE COLLECTIVE BARGAINING
AGREEMENT BETWEEN COLLIER COUNTY AND THE
COLLIER EMS/FIRE BARGAINING UNIT, SOUTHWEST
FLORIDA PROFESSIONAL FIREFIGHTERS AND
PARAMEDICS, LOCAL 1826, DISTRICT - 14, INTERNATIONAL
April 9,2024
Page 149
ASSOCIATION OF FIREFIGHTERS, INCORPORATED. (ALL
DISTRICTS)
Item #16H1
PROCLAMATION DESIGNATING APRIL 2024 AS WATER
CONSERVATION MONTH IN COLLIER COUNTY. TO BE
DELIVERED TO HOWARD BROGDON, WATER DIRECTOR
Item #16H2
PROCLAMATION DESIGNATING APRIL 20, 2024, AS TRY
TRANSIT DAY IN COLLIER COUNTY. TO BE DELIVERED
TO BRIAN WELLS, DIRECTOR, PTNE
Item #16H3 – Moved to Item 4C (Per Agenda Change Sheet)
PROCLAMATION DESIGNATING APRIL 2024 AS AUTISM
ACCEPTANCE MONTH IN COLLIER COUNTY. TO BE
DELIVERED TO STEPHANIE NORDIN
Item #16J1
USE OF $1,000 FROM THE CONFISCATED TRUST FUNDS TO
SUPPORT THE FLORIDA AGRICULTURAL CRIMES
INTELLIGENCE UNIT, INC. (ALL DISTRICTS)
Item #16J2
USE OF $1,000 FROM THE CONFISCATED TRUST FUNDS TO
SUPPORT THE NATIONAL LAW ENFORCEMENT OFFICERS
April 9,2024
Page 150
MEMORIAL. (ALL DISTRICTS)
Item #16J3
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 IN THE
AMOUNT OF $49,117,816.44 WERE DRAWN FOR THE
PERIODS BETWEEN MARCH 14, 2024, AND MARCH 27, 2024,
PURSUANT TO FLORIDA STATUTE 136.06. (ALL DISTRICTS)
Item #16J4
VALID PUBLIC PURPOSE FOR INVOICES PAYABLE AND
PURCHASING CARD TRANSACTIONS AS OF APRIL 3, 2024.
(ALL DISTRICTS)
Item #16K1
RESOLUTION 2024-55: RECOMMENDATION TO REAPPOINT
TWO MEMBERS TO THE IMMOKALEE LOCAL
REDEVELOPMENT ADVISORY BOARD. (DISTRICT 5) –
REAPPOINTING ESTIL NULL AND PATRICIA ANNE
GOODNIGHT TO THE IMMOKALEE LOCAL
REDEVELOPMENT ADVISORY BOARD
Item #16K2
SETTLEMENT AGREEMENT IN THE LAWSUIT STYLED
CARLA DAVIS V. COLLIER COUNTY BOARD OF
April 9,2024
Page 151
COMMISSIONERS, ET. AL., (CASE NO. 23-CA-1105), NOW
PENDING IN THE CIRCUIT COURT OF THE TWENTIETH
JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY,
FLORIDA, FOR THE SUM OF $9,500. (ALL DISTRICTS)
Item #16K3 - Moved to Item #12A (Per Agenda Change Sheet)
SETTLEMENT AGREEMENT IN THE LAWSUIT STYLED
AARON OLDFIELD V. COLLIER COUNTY, (CASE NO. 22-CA-
1851), NOW PENDING IN THE CIRCUIT COURT OF THE
TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER
COUNTY, FLORIDA, FOR THE SUM OF $130,000. (ALL
DISTRICTS)
Item #16K4
RESOLUTION 2024-56: REQUEST BY THE COLLIER COUNTY
INDUSTRIAL DEVELOPMENT AUTHORITY FOR APPROVAL
OF A RESOLUTION AUTHORIZING THE AUTHORITY TO
ISSUE REVENUE BONDS TO BE USED TO FINANCE THE
CONSTRUCTION OF EXPANSIONS AND IMPROVEMENTS TO
THE CENTRAL WATER, WASTEWATER, AND REUSE
SYSTEMS THAT SERVE THE AVE MARIA UNIVERSITY AND
TOWN, AND THE REFUNDING OF THE CURRENTLY
OUTSTANDING BONDS FROM THE AUTHORITY'S
ISSUANCE OF BONDS IN 2005 TO FUND THE INITIAL
CONSTRUCTION OF THE SYSTEM. (DISTRICT 5)
Item #17A
RESOLUTION 2024-57: PETITION VAC-PL20230005194, TO
April 9,2024
Page 152
DISCLAIM, RENOUNCE, AND VACATE THE COUNTY AND
THE PUBLIC INTEREST IN A PORTION OF PRESERVE AND
REPLANT AREA PA-79 AND ALL OF PRESERVE AND
REPLANT AREA PA-86 OF VANDERBILT COUNTRY CLUB-2,
AS RECORDED IN PLAT BOOK 32, PAGES 42 THROUGH 55
OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,
LOCATED APPROXIMATELY ONE-QUARTER MILE EAST OF
COUNTY ROAD 951 (COLLIER BOULEVARD) AND ONE-
HALF MILE NORTH OF VANDERBILT BEACH ROAD, IN
SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA, AND TO ACCEPT
PETITIONER’S GRANT OF A CONSERVATION EASEMENT
TO REPLACE THE VACATED PRESERVE AND REPLANT
AREAS. (DISTRICT 3)
Item #17B
RESOLUTION 2024-58: TO TRANSMIT A RESOLUTION OF
THE BOARD OF COUNTY COMMISSIONERS PROPOSING AN
AMENDMENT TO THE COLLIER COUNTY GROWTH
MANAGEMENT PLAN, ORDINANCE 89-05, AS AMENDED,
SPECIFICALLY AMENDING THE POTABLE WATER SUB-
ELEMENT OF THE PUBLIC FACILITIES ELEMENT TO
AMEND POLICY 1.7 TO REFERENCE THE UPDATED TEN-
YEAR WATER SUPPLY FACILITIES WORK PLAN, AND
AMENDING THE CAPITAL IMPROVEMENT ELEMENT TO
CHANGE THE LEVEL OF SERVICE STANDARDS FOR
COUNTY POTABLE WATER SYSTEMS AND COUNTY
SANITARY SEWER-WASTEWATER TREATMENT SYSTEMS.
FURTHERMORE, DIRECTING TRANSMITTAL OF THE
AMENDMENT TO THE FLORIDA DEPARTMENT OF
April 9,2024
Page 153
COMMERCE. (PL20240000400) (ALL DISTRICTS)
Item #17C
RESOLUTION 2024-59: PETITION VAC-PL20240000788, TO
DISCLAIM, RENOUNCE, AND VACATE THE COUNTY AND
THE PUBLIC INTEREST IN THE 30-FOOT-WIDE PUBLIC
ROAD RIGHT-OF-WAY EASEMENTS, AS DESCRIBED IN
OFFICIAL RECORD BOOK 70, PAGE 504, OFFICIAL RECORD
BOOK 90, PAGE 487, OFFICIAL RECORD BOOK 111, PAGE
129, AND OFFICIAL RECORD BOOK 172, PAGE 596, OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,
LOCATED APPROXIMATELY 1,050 FEET EAST OF LOGAN
BOULEVARD AND LYING SOUTH OF IMMOKALEE ROAD
(CR-846) IN SECTION 28, TOWNSHIP 48 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA. (DISTRICT 3)
*****
April 9,2024
Page 154
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 1:03 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS CONTROL
________________________________________
CHRIS HALL, CHAIRMAN
ATTEST
CRYSTAL K. KINZEL, CLERK
___________________________
These minutes approved by the Board on ______________________,
as presented ____________ or as corrected ____________.
TRANSCRIPT PREPARED ON BEHALF OF FORT MYERS
COURT REPORTING BY TERRI L. LEWIS, REGISTERED
PROFESSIONAL COURT REPORTER, FPR-C, AND NOTARY
PUBLIC.