BCC Minutes 03/26/2024March 26, 2024
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TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, March 26, 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
Scott Teach, Deputy County Attorney
Crystal K. Kinzel, Clerk of the Circuit Court & Comptroller
Troy Miller, Communications & Customer Relations
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March 26, 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
March 26, 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 BEGINNING OF THE MEETING FOLLOWING THE
PLEDGE OF ALLEGIANCE.
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March 26, 2024
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 ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY
FACILITIES MANAGEMENT DIVISION LOCATED AT 3335 EAST
TAMIAMI TRAIL, SUITE 1, NAPLES, FLORIDA, 34112-5356, (239) 252-8380;
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March 26, 2024
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 David Wildman, Grow Church - Estates Location
2. AGENDA AND MINUTES
A. Approval of today's regular, consent and summary agenda as amended (ex
parte disclosure provided by commission members for consent agenda.)
B. February 13, 2024, BCC Minutes
C. February 27, 2024, BCC Minutes
3. AWARDS AND RECOGNITIONS
A. EMPLOYEE
1) 20 YEAR ATTENDEES
a) Karla Nicol- Fleet Management
2) 20 YEAR ATTENDEES
a) Anthony Colangelo Jr- Parks & Recreation
3) 30 YEAR ATTENDEES
4) 35 YEAR ATTENDEES
B. ADVISORY BOARD MEMBERS
C. RETIREES
1) Recognize Nolan Sapp for his 46 years of dedicated public safety
service upon retirement.
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D. EMPLOYEE OF THE MONTH
4. PROCLAMATIONS
A. Proclamation designating March 24 - 30, 2024, as the 41st Anniversary of
Know Your County Government Week. To be accepted by Tish Roland, 4-H
Youth Development Agent, UF/IFAS Collier County Extension, Mikie
Stroh, Social Studies Coordinator, Collier County Public Schools, and Diane
Preston Moore, President, League of Women Voters.
B. Proclamation designating March 29, 2024, as Vietnam War Veterans Day in
Collier County. To be accepted by VFW Cmdr. Gamal "Tony" Reyes.
5. PRESENTATIONS
6. PUBLIC PETITIONS
7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT
OR FUTURE AGENDA
8. BOARD OF ZONING APPEALS
9. ADVERTISED PUBLIC HEARINGS
A. Recommendation to approve an Ordinance amending the Collier County
Growth Management Plan to create the GMA Commercial Subdistrict within
the Rural Golden Gate Estates Sub-Element of the Golden Gate Area Master
Plan to allow 125,000 square feet of gross floor area of Commercial
Intermediate (C-3) and Indoor Air-Conditioned Mini and Self-Storage (SIC
4225) uses, of which up to 80,000 square feet of gross floor area may consist
of Indoor Air-Conditioned Mini and Self-Storage. The subject property,
consisting of 9.84± acres, is located on the south side of Immokalee Road,
approximately 773 feet west of the intersection of Immokalee Road and
Randall Boulevard in Section 27, Township 48 South, Range 27 East.
[PL20230002460] (Companion item to 9B) (District 3)
B. 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 an Ordinance
rezoning property to a Commercial Planned Unit Development (CPUD)
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zoning district for a project to be known as GMA CPUD, to allow 125,000
square feet of gross floor area of Commercial Intermediate (C-3) and indoor
air-conditioned mini and self-storage (SIC 4225) uses, of which up to 80,000
square feet of gross floor area may consist of indoor air-conditioned mini
and self-storage on 9.84+ acres of property located south of Immokalee
Road, approximately 772 feet west of the intersection of Immokalee Road
and Randall Boulevard in Section 27, Township 48 South, Range 27 East,
Collier County, Florida. [PL20230002458] (Companion item to 9A)
(District 5)
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 a rezoning
Ordinance for Genesis CPUD to allow up to 65,000 square feet of gross
floor area of commercial uses on 10.51± acres of property located in the
northwest quadrant of the intersection of Pine Ridge Road and I-75, in
Section 7, Township 49 South, Range 26 East, Collier County, Florida.
(PL20220004304) (District 2)
D. Recommendation to adopt an ordinance amending ordinance No. 2002-63,
which established the Conservation Collier Program. (All Districts)
10. BOARD OF COUNTY COMMISSIONERS
11. COUNTY MANAGER'S REPORT
A. To approve the following documents related to the development of housing
at the former Golden Gate Golf Course: 1) Second Amendment to Developer
Agreement with Rural Neighborhoods, Inc., 2) Termination of Collier
County Standard Form Long-Term Ground Lease, 3) Collier County
Standard Form Long-Term Ground Lease (Phase 1 - Essential Services
Housing), HUD Lease Addendum and Phase 1 Easement, 4) Collier County
Standard Form Long-Term Ground Lease (Phase 2-Senior Housing) and
Phase 2 Easement, and 5) Land Use Restriction Agreements for each phase
as required by grant funding sources, once developed and approved for
legality. (Companion to Item 11B) (Ed Finn, Deputy County Manager)
(District 3)
B. To consider approval of Income Sharing Agreement for Phase I,
Renaissance Hall at Old Course, at the former Golden Gate Golf Course,
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allocating shared income as follows: 50% to Renaissance Hall at Old
Course, LLC, 25% to Collier Community Foundation, Inc., and 25% to
Collier County, the parties to the Agreement. (Companion to Item 11A) (Ed
Finn, Deputy County Manager) (District 3)
C. Recommendation that the Board of County Commissioners, ex-officio the
Governing Board of the Collier County Water-Sewer District, award
Construction Invitation to Bid (“ITB”) No. 23-8141, “Northeast Water
Reclamation Facility and Water Treatment Plant Deep Injection Wells” to
Youngquist Brothers, LLC, in the amount of $29,389,000, and authorize the
Chairman to sign the attached Agreement. (Project 70194) (Matt McLean,
Director, PUD Engineering and Planning Division) (District 5)
D. Recommendation to approve Change Order No. 15 in the amount of
$4,820,600.00, under Agreement No. 18-7474 pertaining to the "Design-
Build of Northeast Service Area Interim Wastewater Treatment Plant,
Storage Tanks and Associated Pipelines," with Mitchell & Stark
Construction Co., Inc., add 550 days to the contract, waive liquidated
damages of $1,790,000 and have the Chair sign the attached Change Order.
(Project 70194) (Matt McLean, Director, PUD Engineering and Planning
Division) (All Districts)
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
A. AIRPORT
B. COMMUNITY REDEVELOPMENT AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. Public comments on general topics not on the current or future agenda by
individuals not already heard during previous public comments in this
meeting.
B. Staff Project Updates
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C. Staff and Commission General Communications
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16. CONSENT AGENDA - All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of
each item. if discussion is desired by a member of the board, that item(s) will
be removed from the consent agenda and considered separately.
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A. GROWTH MANAGEMENT DEPARTMENT
1) Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of $4,980, which was posted as a
development guarantee for an Early Work Authorization (EWA) for
work associated with Winchester Phase 2, PL20230014392. (District
5)
2) Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of $233,240, which was posted as a
guarantee for Excavation Permit Number PL20220005335 for work
associated with Stonebridge Country Club - Golf Course Renovations.
(District 2)
3) Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of $163,400, which was posted as a
guarantee for Excavation Permit Number PL20220008091 for work
associated with the Vineyards Country Club - South Golf Course
Renovation. (District 3)
4) Recommendation to approve the release of a code enforcement lien
with an accrued value of $303,195.64 for a reduced payment of
$19,940.60 in the code enforcement action titled Board of County
Commissioners vs. Jason Lee Willard Est., relating to property located
at 1680 Acremaker Rd, Collier County, Florida. (District 3)
5) Recommendation to adopt a resolution to hold a public hearing on
April 9, 2024 to consider vacating four 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
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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. (PL20240000788) (District 3)
B. TRANSPORTATION MANAGEMENT DEPARTMENT
1) Recommendation to award Invitation to Bid (ITB) No. 23-8163,
“Installation & Maintenance of Traffic Signals and Roadway
Lighting” to Southern Signal & Lighting, Inc., (primary vendor) and
Horsepower Electric Inc., (secondary vendor), authorize the Chairman
to sign the attached Agreement. (All Districts)
2) Recommendation to approve a First Amendment with Superior
Landscaping & Lawn Service, Inc., and a Second Amendment with
Superb Landscape Services, Inc., under Agreement No. 18-7430,
“Landscape Maintenance Vendors,” extending those agreements for
an additional 180 days, and authorize the Chairman to sign the
attached Amendments. (All Districts)
3) Recommendation to award Invitation for Qualifications (IFQ) No. 23-
8135 “Exotic Vegetation and Nuisance Vegetation Removal” to
EarthBalance Corporation, Earth Tech Environmental Services, LLC.,
Sandhill Environmental Services, LLC., A+ Environmental
Restoration, LLC., Woods and Wetlands, Inc., Peninsula
Improvement Corporation dba Collier Environmental Services,
Environmental Restoration Consultants, Inc., DeAngelo Contracting
Services, LLC., and authorize the Chairman to sign the attached
Agreements. (All Districts)
4) Recommendation to approve a budget amendment in the amount of
$22,532.20 to recognize revenues received from traffic accident
reimbursements from Insurance Companies in Landscape Project
Fund (1012). (All Districts)
5) Recommendation to recognize carry forward funding for the Collier
Metropolitan Planning Organization (MPO) in the amount of
$5,828.30, earned from the FY 2022/23 Transportation Disadvantaged
Planning Grant, and to approve all related necessary Budget
Amendments. (All Districts)
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6) Recommendation to approve an Agreement for the purchase of a
drainage easement (Parcel 147DE) required for the West Goodlette-
Frank Road Area Stormwater Improvement Project Phase 2 (Project
No. 60142, Estimated Fiscal Impact: $28,871 from Stormwater
Capital Improvement funds). (District 4)
7) Recommendation to approve Change Order No. 1 under Agreement
No. 22-7976 with Sacyr Construction USA for the CR862 Vanderbilt
Beach Road Extension from CR951 Collier Blvd. to 16th St. NE
Project for one hundred seventy three (173) additional days and
$790,742.31 for unforeseen additional items reimbursable from the
Owner’s Allowance, including an after-the-fact payment in the
amount of $17,126.29 for material testing, and authorize the Chairman
to sign the attached Change Order. (Project No. 60168, Estimated
Fiscal Impact: $790,742.31 from Contract Allowance-Roadway
funds). (District 5)
8) Recommendation to authorize the electronic submission of the County
Incentive Grant Program (CIGP) and the Transportation Regional
Incentive Program (TRIP) Applications with the Florida Department
of Transportation to fund the design of a major intersection
improvement at Golden Gate Parkway and Livingston Rd. in the
amount of $6,000,000. (District 2, District 4)
9) Recommendation to approve and execute a Local Agency Program
(LAP) Federal-Funded Grant Agreement with the Florida Department
of Transportation (FDOT) reimbursing the County up to $8,710,000
for the construction of the 16th Street NE Bridge Project and
authorize the necessary budget amendment, FPN 451283-1-58-01.
(Project 60212, Fund 1841). (District 5)
C. PUBLIC UTILITIES DEPARTMENT
1) Recommendation to approve the Donation Agreement with Collier
Park of Commerce Owners’ Association, Inc., a Florida not-for-profit
corporation, at a cost not to exceed $750 for payment of property
owner’s attorney fees for the acquisition of a Utility Easement to
expand the easement area for Pump Station 309.12. (District 4)
2) Recommendation to approve an Easement to Florida Power & Light
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Co., for installation of a switch cabinet to facilitate conversion of
overhead to underground service, at the Golden Gate Wastewater
Treatment Plant at 4931 32nd Ave SW, Naples, Florida (District 3)
(28168)
3) Recommendation to waive liquidated damages of $97,020 for
completion of the wall, gate, and landscaping for the Community
Pump Station 101.16 Rehabilitation Project; approve the revised
Notice to Proceed establishing substantial and final completion dates;
approve after-the-fact payment of Pay Application 1 the amount of
$93,094.24 for the project work completed through August 31, 2023;
and approve continued work and completion of the project . (Project
70139) (All Districts)
D. PUBLIC SERVICES DEPARTMENT
1) Recommendation to approve Amendment #9 to the State and Local
Fiscal Recovery Plan to include a reallocation of funds to support
affordable housing and mental health services and allow for the
purchase of additional ambulances to enhance services throughout
Collier County. (All Districts)
2) Recommendation to approve and authorize a Budget Amendment to
recognize interest earned, in the amount of $1,760.02, for the period
of October 2023 through December 2023 on advanced library funding
received from the Florida Department of State to support library
services for the use of Collier County residents. (Public Service Match
Fund 1840) (All Districts)
3) Recommendation to approve and authorize (1) a fund transfer in the
amount of $27,600 to Emergency Solutions Grants Program PY22
Match Fund from Collier County Seniors Fund (2) transfer $2,400
within Emergency Solutions Grants Program Housing Match Fund
from PY21 Match project to PY22 project and (3) reallocate $677.60
of match within PY22 project to meet the required federal match
obligation for the Emergency Solutions Grant Program. (All Districts)
4) Recommendation to approve the State Housing Initiatives Partnership
Annual Report and Local Housing Incentive Certification for the
closeout of Fiscal Year 2020/2021 and authorize the electronic
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submission to Florida Housing Finance Corporation to ensure
compliance with program requirements. (SHIP Grant Fund 1053) (All
Districts)
5) Recommendation to approve and authorize the Chairman to sign the
HUD Federal Financial Report SF-425 for the close out of the HOME
grant for Fiscal Years 2011, 2012, 2013, 2014, 2015, and 2017. (All
Districts)
6) Recommendation to approve and authorize an after the fact payment
in the amount of $14,268.87 to Robert Half International, Inc., for
providing temporary staffing to support housing related programs, and
to waive competitive procurement. (All Districts)
7) Recommendation to accept and appropriate a donation of $75,000
from the Friends of the Library of Collier County, Inc., to the Collier
County Public Library for the purchase of eBooks and eAudio to
enhance the Library’s electronic materials collection, and to authorize
the necessary Budget Amendment. (All Districts)
8) Recommendation to accept the annual FY24-25 Retired and Senior
Volunteer Program grant award from AmeriCorps Seniors in the
amount of $77,500 with the required match obligation of $47,754 and
authorize the necessary Budget Amendments. (Human Services Grant
Fund 1835 and Human Services Match Fund 1836) (All Districts)
9) Recommendation to approve the “After-the-Fact” submission of a
grant application to the Florida Department of Children and Families
for the Criminal Justice, Mental Health, and Substance Abuse
Reinvestment Grant Program in the amount of $2,407,857 including
$1,207,857 in match over three (3) years. (All Districts)
10) Recommendation to approve and authorize the Chairman to sign a
four-year Agreement between Collier County and the David Lawrence
Mental Health Center in the amount of $900,000 to operate the Collier
County Adult Drug Court Program utilizing funds from the
Department of Justice, Bureau of Justice Assistance. (All Districts)
E. CORPORATE BUSINESS OPERATIONS
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F. COUNTY MANAGER OPERATIONS
1) Recommendation to adopt the 2024 Strategic Plan with the inclusion
of changes based upon direction received at the February 6, 2024,
Board Workshop. (All Districts)
2) Recommendation to approve and accept title to Tract 10, Wiggins
Bay, Phase I, subject to certain encumbrances, pursuant to Ordinance
No. 23-46 and its related amended settlement agreement. (District 2)
3) Recommendation to approve Change Order No. 1 for a 180-day time
extension for the Collier County Jail Fire Alarm Replacement”
project, under Agreement No. 22-8018 with National Security Fire
Alarm Systems, LLC. (Project No. 50237) (District 1)
4) Recommendation to approve and authorize the Chairman to execute a
one-year renewal of Agreement No. 22-7979 “Tourism International
Representation - UK and Ireland Market” with OMMAC Ltd., for Flat
Annual Fixed Price of $120,000 ($10,000 per month), and
reimbursable expenses for travel, registrations and miscellaneous for
up to $80,000 totaling $200,000 annually and make a finding that this
action promotes tourism. (All Districts)
5) Recommendation to approve and authorize the Chairman to execute a
one-year renewal of Agreement No. 22-7980 “Tourism International
Representation - Germany Market” with DiaMonde e.K. for Flat
Annual Fixed Price of $120,000 ($10,000 per month), and
reimbursable expenses for travel, registrations and miscellaneous for
up to $60,000 totaling $180,000 annually and make a finding that this
action promotes tourism. (All Districts)
6) Recommendation to approve and ratify the third amendment to a
Memorandum of Understanding (MOU) between Public Services
Department, Community and Human Services, and Collier County
Emergency Medical Service (EMS), to modify scope of work from
four ambulances to the purchase of up to seven ambulances under
Collier Public Health Infrastructure Program, ARP21-23, for a total of
$2.7 million within the Emergency Medical Services Grant Fund
under the American Rescue Plan Act, Local Fiscal Recovery Fund.
(All Districts)
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March 26, 2024
7) Recommendation to renew a Certificate of Public Convenience and
Necessity for Class 2 ALS non-emergency inter-facility ambulance
transports to MedTrek Medical Transport, Inc., to provide inter-
facility and out of county ambulance transfer services. (All Districts)
8) Recommendation to authorize budget amendment within County
Wide Capital Project Fund (3001) in the amount of $850,000 to New
Air Conditioners Project (52162) from Reroofing Project (52161) to
support current priority needs. (All Districts)
9) 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)
10) Recommendation to approve an after-the-fact electronic submittal of
an Assistance to Firefighters Grant application to FEMA in the
amount of $883,600.00 for the purchase of 94 replacement portable
radios for EMS and to allow the County Manager, or designee, to
serve as the authorized representative in the electronic system, FEMA
GO, throughout the grant period. (All Districts)
11) Recommendation to approve a report covering Budget Amendments
impacting reserves up to and including $25,000, and moving funds in
an amount up to and including $50,000. (All Districts)
12) Recommendation to approve and authorize the Chairman to execute
an Amendment and Extension to an existing Agreement between the
Villas at Barefoot Beach Homeowners Association, Inc., and Collier
County for a maintenance agreement for contiguous properties at
Barefoot Beach Park North Access. (District 2)
13) Recommendation to renew the annual Certificate of Public
Convenience and Necessity (COPCN) and Permit for a Class 1 (ALS
Transport/ALS Rescue) and Class 2 (ALS intra-facility ALS
Ambulance Transport) for the Seminole Tribe Fire Rescue
Department within the boundaries of the Seminole Tribe in
Immokalee. (All Districts)
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G. AIRPORT AUTHORITY
H. BOARD OF COUNTY COMMISSIONERS
1) Proclamation designating April 13 - 20, 2024, as Pickleball Week in
Collier County. To be accepted by Mike Dee, CEO, Pickleball for
America and Terri Graham and Chris Evon, co-founders of the Minto
US Open Pickleball Championships.
2) Proclamation designating March 2024 as American Red Cross Month
in Collier County. To be accepted by Jill Palmer, Executive Director,
South Florida Region, and Dennis G.E. Sanders, Community
Volunteer Leader.
I. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous Correspondence March 26, 2024 (All Districts)
J. OTHER CONSTITUTIONAL OFFICERS
1) Request that the Board approve and determine valid public purpose
for invoices payable and purchasing card transactions as of March 20,
2024. (All Districts)
2) To record in the minutes of the Board of County Commissioners, the
check number (or other payment method), amount, payee, and
purpose for which the referenced disbursements in the amount of
$31,541,560.17 were drawn for the periods between February 29,
2024 and March 13, 2024 pursuant to Florida Statute 136.06. (All
Districts)
K. COUNTY ATTORNEY
1) Recommendation to appoint the initial membership of the Rock Road
Improvement Advisory Committee (District 3)
L. COMMUNITY REDEVELOPMENT AGENCY
1) Recommendation that the Collier County Community Redevelopment
Agency and the Board of County Commissioners review and accept
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March 26, 2024
the 2023 Annual Reports for the two community redevelopment
component areas: Bayshore Gateway Triangle and Immokalee and
publish the reports on the appropriate websites. (All Districts)
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17. SUMMARY AGENDA - This section is for advertised public hearings and
must meet the following criteria: 1) a recommendation for approval from
staff; 2) unanimous recommendation for approval by the collier county
planning commission or other authorizing agencies of all members present
and voting; 3) no written or oral objections to the item received by staff, the
collier county planning commission, other authorizing agencies or the board,
prior to the commencement of the bcc meeting on which the items are
scheduled to be heard; and 4) no individuals are registered to speak in
opposition to the item. for those items which are quasi-judicial in nature, all
participants must be sworn in.
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A. Recommendation to approve an Ordinance amending the Future Land Use
Element of the Collier County Growth Management Plan to create the Home
Depot-SE Naples Commercial Subdistrict to allow development of 140,000
square feet of gross floor area of commercial uses and home improvement
store uses. The subject property is located on the south side of Tamiami
Trail East (U.S. 41), approximately 650 feet east of Barefoot Williams Road,
in Section 33, Township 50 South, Range 26 East, Collier County, Florida,
consisting of 13.77± acres. [PL20220000946] (Companion item to 17B)
(District 1)
B. 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 an Ordinance
rezoning property to establish The Home Depot - SE Naples CPUD to allow
development of 140,000 square feet of gross floor area of commercial/office
uses and home improvement store uses; and to repeal an old provisional use
Resolution and rezone Ordinance commitment related to an access road. The
subject property is 13.77+ acres located on the south side of Tamiami Trail
East (U.S. 41), approximately 650 feet east of Barefoot Williams Road, in
Section 33, Township 50 South, Range 26 East, Collier County, Florida.
[PL20220000543](Companion item to 17A) (District 1)
C. Recommendation to approve an Ordinance amending the Future Land Use
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March 26, 2024
Element of the Collier County Growth Management Plan to create the Boat
House Commercial Subdistrict to allow a maximum of 32,500 square feet of
gross floor area of Commercial Intermediate (C-3) or 20,000 square feet of
gross floor area of Boat Sales and Boat and Engine Services and Repairs.
The subject property, consisting of 3.5± acres is located south of Radio
Road, north of Davis Boulevard and east of Radio Road in Section 3,
Township 50 South, Range 26 East. [PL20230002069] (Companion item to
17D) (District 1)
D. 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 an Ordinance
rezoning property from the Commercial Intermediate District (C-3) Zoning
District to a Commercial Planned Unit Development (CPUD) Zoning
District for the project to be known as The Boat House CPUD to allow the
development of up to 32,500 square feet of gross floor area of Commercial
Intermediate (C-3) commercial uses or 20,000 square feet of gross floor area
of boat sales and boat and engine services and repairs for the property
located south of Radio Lane, north of Davis Boulevard and east of Radio
Road in Section 3, Township 50 South, Range 26 East, Collier County,
Florida; consisting of 3.5+/-acres. [PL20230002068] (Companion item to
17C) (District 1)
E. This Item has been continued from the February 27, 2024 BCC Meeting
Recommendation to adopt an Ordinance amending the Collier County Land
Development Code to clarify the regulations pertaining to mobile homes
located in the coastal high-hazard area, to remove duplicative floodplain
protection regulations that are codified in the Collier County Code of Laws
of Ordinances or with the Florida Building Code, and to update citations and
correct scrivener's errors. (Companion item to 17F) (All Districts)
F. Recommendation to approve an Ordinance amending the Collier County
Code of Laws and Ordinances to update temporary emergency housing and
floodplain development regulations. (Companion item to 17E) (All Districts)
G. Recommendation to adopt an Ordinance amending Ordinance No. 2019-14,
which established the Currents Community Development District, in order
to contract the external boundaries of the District resulting in a net
contraction of 5.12± acres from 516.25± acres to 511.152± acres. (District 1)
Page 17
March 26, 2024
H. Recommendation to adopt a Resolution approving amendments
(appropriating carry forward, transfers, and supplemental revenue) to the
FY23-24 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)
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD’S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER’S OFFICE AT 252-8383.
March 26, 2024
Page 2
MS. PATTERSON: Chair, you have a live mic.
CHAIRMAN HALL: Good morning, everybody. How's
everybody?
Welcome to the -- welcome to the commissioner meeting. Glad
to have the vets in the house, any students in the house, as we do
Government Awareness Day. So today should be a good day.
County Manager.
MS. PATTERSON: Let's begin with our invocation and Pledge
of Allegiance. Our invocation by Pastor David Wildman, Grow
Church, Estates location.
Item #1A
INVOCATION BY PASTOR DAVID WILDMAN, GROW
CHURCH - ESTATES LOCATION - INVOCATION GIVEN
PASTOR WILDMAN: Heavenly Father, we come before you
today with hearts filled with gratitude as members of this community
gather for this commissioner meeting.
Thank you for the opportunity to unite in purpose and service
under your guidance. Lord, we lift up each commissioner and
decision-maker in this room. Bless their families, protect their
homes, and grant them the wisdom and guidance they need to lead
with integrity and compassion.
As it is written in James 1:5, if any of you lacks wisdom, you
should ask God, who gives generously to all without finding fault,
and it will be given to you.
May this promise guide these leaders as they seek to honor you
in their service. We pray for the residents of Collier County, our
business owners, our brave first responders, and our armed forces
both here and abroad; shield them from harm and bring restoration to
March 26, 2024
Page 3
those who have suffered loss. May your hand of protection be upon
them, and may they feel your presence in their lives.
Father, as we proceed with today's agenda, let every word
spoken in this room be seasoned with grace and humility. Help
everyone remember the responsibility we carry, not for our own
glory, but as stewards of the gifts you have entrusted to us.
May we all walk in gratitude and the fear of the Lord, always
mindful of the greater purpose we serve. In all that we do today, let
us reflect your love and your truth, seeking not just the prosperity of
our county but the flourishing of every soul within it.
We ask all these things in the precious name of Jesus, amen.
(The Pledge of Allegiance was recited in unison.)
CHAIRMAN HALL: I did fail to say -- and I was glad that it
didn't happen. I'm glad nobody's phone interrupted God's
conversation. But if you haven't silenced your phone, please do so
now. That would be most helpful.
Item #2A
APPROVAL OF TODAY'S REGULAR, CONSENT AND
SUMMARY AGENDA AS AMENDED (EX PARTE
DISCLOSURE PROVIDED BY COMMISSION MEMBERS FOR
CONSENT AGENDA.) - MOTION TO APPROVE BY
COMMISSIONER KOWAL; SECONDED BY COMMISSIONER
SAUNDERS – APPROVED AND/OR ADOPTED W/CHANGES
MS. PATTERSON: Commissioners, agenda changes for
March 26th, 2024.
Items 11.A and 11.B are our time-certain items at 2:30. These
are related to the Rural Neighborhood Renaissance Hall at Old
Course second amendment leases and income-sharing agreements.
March 26, 2024
Page 4
I'll read the full titles in when we get -- at 2:30.
Continue Item 16.D.6 to the April 9th, 2024, BCC meeting.
This is a recommendation to approve and authorize an after-the-fact
payment in the amount of $14,268.87 to Robert Half International,
Inc., for providing temporary staffing to support housing-related
programs, and to waive competitive procurement. This is being
moved at staff's request.
Add-on Item 10.A is a recommendation to submit a letter to
Governor DeSantis to urge him to veto Senate Bill 7014, the ethics
bill. This is being added to the agenda at Commissioner Saunders'
request.
Move Item 16.F.4 to 11.E. This is a recommendation to
authorize -- approve and authorize the Chairman to execute a
one-year renewal of Agreement No. 22-7979, "Tourism International
Representation - UK and Ireland Market," with OMMAC, Limited,
for flat annual fixed price of $120,000 and reimbursable expenses for
travel, registrations, and miscellaneous for up to $80,000, totaling
$200,000 annually, and make a finding that this action promotes
tourism. This is being moved at Commissioner McDaniel's request.
And move Item 16.F.5 to 11.F. This is a recommendation to
approve and authorize the Chairman to execute a one-year renewal of
Agreement No. 22-7980, "Tourism International
Representation - Germany Market," with DiaMonde e.K. for flat
annual fixed price of $120,000 and reimbursable expenses for travel,
registrations, and miscellaneous expenses for up to $60,000, totaling
$180,000 annually, and make a finding that this action promotes
tourism. This is also being moved at Commissioner McDaniel's
request.
As I noted, Companion Items 11.A and 11.B will be heard at
2:30 p.m.
And we have court reporter breaks set for 10:30 and 2:50.
March 26, 2024
Page 5
With that, County Attorney, any further changes?
MR. TEACH: No changes.
MS. PATTERSON: Commissioners.
CHAIRMAN HALL: We have -- do we have a motion to
approve the summary and the consent agenda?
MS. PATTERSON: If we could get our changes and ex parte.
CHAIRMAN HALL: Oh, changes, okay.
MS. PATTERSON: Yep. We'll start with Commissioner
Kowal.
CHAIRMAN HALL: Any changes and ex parte,
Commissioner Kowal?
COMMISSIONER KOWAL: I have no changes, and I do have
items [sic] for 9.B, 9.C, actually, 17.B and 17.D, meetings, e-mails on
all four of those items.
CHAIRMAN HALL: All right. Commissioner Saunders.
COMMISSIONER SAUNDERS: Mr. Chairman, I don't have
any changes to the agenda. I do have some ex parte in reference to
Items 17.B and 17.D, just meetings and some correspondence.
CHAIRMAN HALL: All right.
Commissioner McDaniel.
COMMISSIONER McDANIEL: Good morning, sir.
I have no changes myself, and I have ex parte on 17.B and C.
CHAIRMAN HALL: Great. I have no changes, and I
have -- I have meetings on 17.B and meetings on 17.D as well.
And, Commissioner LoCastro.
COMMISSIONER LoCASTRO: Yes, sir. Thank you,
Mr. Chairman.
I have -- on 17.B, I have meetings, and 17.D, I have meetings.
And no changes, but, you know, with your discretion or your
approval, I'd like to just defer a little bit off of the summary agenda.
There's three items that I was considering pulling for more
March 26, 2024
Page 6
clarification, and it was 17.A, 17.B, and 17.C. But after discussions
with Mr. Bosi -- and I would ask if he could come forward. And I've
voiced this several times, and I spoke with Ms. Patterson yesterday
about it. Sometimes on the summary and the consent agenda, it
could benefit from a few extra sentences. A citizen who's not in the
room right now or watching the all-day proceedings could read
something on the summary and consent agenda and have an improper
takeaway, making it sound like we're building something tomorrow
or -- you know, we get these e-mails a lot, "Oh, I saw something on
the summary agenda, and you guys snuck another one through."
So, you know, with your permission, I would just like Mr. Bosi
to just give a couple of sentences to explain the Home Depot project
of 17.A and B and the boat project in 17.C in as little as -- you know,
as much brevity as possible. But I think it warrants just a little bit of
clarification. What he said in my office yesterday I wish would have
been in print here. So that's why I just ask for him to come to the
podium so that we know what we're approving and what we're not
approving.
CHAIRMAN HALL: Mr. Bosi.
MR. BOSI: Good morning, Commissioners. Mike Bosi,
Planning and Zoning director.
For the Growth Management Plan amendment and the
commercial PUD for Home Depot, they're requesting -- currently
there's six parcels, just over 13 acres. They are zoned C-3, but for a
big-box store like a Home Depot, you need a C-4. So they
are -- they've submitted a Growth Management Plan amendment to
raise the commercial level to C-4 within their PUD to allow for the
development of a Home Depot.
It's a unique site in the sense that it's shallow. It's not a very
deep parcel. So this is going to be one where the building's brought
much closer to the road. It's going to have a much more intimate
March 26, 2024
Page 7
feel. Parking's going to be to the side.
But staff is in fully of -- support of the project. The Planning
Commission had a unanimous recommendation for the project. And
we think the addition of that Home Depot's going to add some
additional competition to the market related to the home goods and
hardware that are specifically geared to the neighborhood.
And one of the things that we've had conversations with the East
Naples development -- or the East Naples community, forever they
said, "You know, self-storage facilities, car washes, gas stations,
they're not quite what we're looking for. We want a little bit more
neighborhood-serving, and a Home Depot is something that's most
certainly going to be able to serve those individual -- those individual
household needs in a direct way."
So staff has fully supported this project and, as I said, the
Planning Commission as well.
And then the boathouse GMP and PUD is a similar type of
situation. It's a 3-acre parcel that sits between Radio -- Radio Road
and Davis Boulevard where they come together, and Radio Lane, just
to the west of the Circle K. It's, like I said, a 3-acre parcel currently
zoned C-3, but they wanted to develop a boat dealership. But a boat
dealership is a C-4 zoning district, so they needed to lift that zoning
to C-4. That's what the Growth Management Plan amendment is.
And they're only adding the one C-4 use, meaning the boat
dealership. And from staff's perspective, from transportation's
perspective, it's an actual reduction because of -- the amount of traffic
that are generated from a boat dealership compared to some of the
other retail uses that could have been developed within that C-3
zoning district would be a little bit more intense.
So we think it's a good fit, it's a good -- it's a good addition to an
area that has a full arrangement of infrastructure available to it.
Once again, staff -- staff was recommending approval on it, as
March 26, 2024
Page 8
well as the Planning Commission had a recommendation of approval
as well.
So any questions you would have?
COMMISSIONER LoCASTRO: I just wanted to clarify that
they still have to go through many approvals, traffic studies, and all
the things that I know we'll get a thousand e-mails on. A lot of times
we hear from citizens and they say, "You know, you just rezone
everything with a rubber stamp," and this is a perfect example.
And Commissioner McDaniel has given these examples several
times where he said, "Be careful what you sort of don't wish for,
because you say no to this, and then something with much greater
density and volume" -- so, you know, we had a discussion yesterday
that there's still many more approvals that are needed. This is just
one more step to let us take a closer look at the possibility of these,
you know, commercial entities going on those footprints.
MR. BOSI: Yes, correct. This is the entitlement stage. The
next stage is the site development stage for each one, and that's
actually where our Concurrency Management System is applied. At
your zoning, it's basically just cursory. We let you know how much
volume, capacity, seeing what's in the road system within -- within
the utility system, but it's actually the Site Development Plan where
the concurrency is actually applied, checkbook concurrency is
allocated within the transportation review, and the fire districts will
have to sign off on all the turning radius.
There was some questions about the design of the Home Depot,
would it be able to promote, you know, a full sale -- full-scale fire
engine to be able to access the site. They're not going to sign off on
that Site Development Plan unless it meets the specs of that. So
there's still a lot more to come before they're going to be open for
business, so to speak.
COMMISSIONER LoCASTRO: Thank you, sir.
March 26, 2024
Page 9
CHAIRMAN HALL: Commissioner McDaniel.
COMMISSIONER McDANIEL: Thank you, Chair.
I misread on my ex parte. It's 17.B and D is where I had
meetings, so...
CHAIRMAN HALL: Great.
Thank you, Mr. Bosi.
Can I have a motion to approve the consent and summary
agenda?
COMMISSIONER KOWAL: So moved.
COMMISSIONER SAUNDERS: Second.
CHAIRMAN HALL: Moved and seconded to approve. All in
favor, say aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN HALL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER KOWAL: Aye.
CHAIRMAN HALL: County Manager.
SEE REVERSE SIDE
Proposed Agenda Changes
Board of County Commissioners Meeting
March 26, 2024
Item 11A to be heard at 2:30 PM: To approve the following documents related to the development of housing at
the former Golden Gate Golf Course: 1) Second Amendment to Developer Agreement with Rural Neighborhoods,
Inc., 2) Termination of Collier County Standard Form Long-Term Ground Lease, 3) Collier County Standard Form
Long-Term Ground Lease (Phase 1 - Essential Services Housing), HUD Lease Addendum and Phase 1 Easement,
4) Collier County Standard Form Long-Term Ground Lease (Phase 2-Senior Housing) and Phase 2 Easement, and
5) Land Use Restriction Agreements for each phase as required by grant funding sources, once developed and
approved for legality. (Companion to Item 11B) (Ed Finn, Deputy County Manager) (Staff’s Request)
Item 11B to be heard at 2:30 PM: To consider approval of Income Sharing Agreement for Phase I, Renaissance
Hall at Old Course, at the former Golden Gate Golf Course, allocating shared income as follows: 50% to
Renaissance Hall at Old Course, LLC, 25% to Collier Community Foundation, Inc., and 25% to Collier County, the
parties to the Agreement. (Companion to Item 11A) (Ed Finn, Deputy County Manager) (Staff’s Request)
Continue Item 16D6 to the April 9, 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 providing temporary staffing to
support housing related programs, and to waive competitive procurement. (Staff’s Request)
Add-on Item 10A: Recommendation to submit a Letter to Governor DeSantis to urge him to veto Senate Bill 7014
(“Ethics Bill”). (Commissioner Saunders’ Request)
Move Item 16F4 to 11E: Recommendation to approve and authorize the Chairman to execute a one-year renewal
of Agreement No. 22-7979 “Tourism International Representation - UK and Ireland Market” with OMMAC Ltd.,
for Flat Annual Fixed Price of $120,000 ($10,000 per month), and reimbursable expenses for travel, registrations
and miscellaneous for up to $80,000 totaling $200,000 annually and make a finding that this action promotes
tourism. (Commissioner McDaniel’s Request)
Move Item 16F5 to 11F: Recommendation to approve and authorize the Chairman to execute a one-year renewal
of Agreement No. 22-7980 “Tourism International Representation - Germany Market” with DiaMonde e.K. for Flat
Annual Fixed Price of $120,000 ($10,000 per month), and reimbursable expenses for travel, registrations and
miscellaneous for up to $60,000 totaling $180,000 annually and make a finding that this action promotes tourism.
(Commissioner McDaniel’s Request)
Notes:
TIME CERTAIN ITEMS:
Companion Items 11A & 11B to be heard at 2:30 PM: Rural Neighborhoods Renaissance Hall at Old Course
Second Amendment, Leases, and Income Sharing Agreement.
4/9/2024 2:31 PM
March 26, 2024
Page 10
Item #2B and #2C
FEBRUARY 13, 2024, BCC MINUTES AND FEBRUARY 27,
2024, BCC MINUTES - MOTION TO APPROVE AS PRESENTED
BY COMMISSIONER SAUNDERS; SECONDED BY
COMMISSIONER KOWAL – APPROVED
MS. PATTERSON: Commissioners, Item 2.B are the meeting
minutes of February 13th, 2024, and you'd like to take Item 2.C with
it, that's the meeting minutes of the February 27th, 2024, BCC
meeting.
COMMISSIONER SAUNDERS: Mr. Chairman, if there are
no questions or comments, I'll make a motion to approve both sets of
minutes.
COMMISSIONER KOWAL: Second.
COMMISSIONER McDANIEL: Second it.
CHAIRMAN HALL: Great. Motion and second to approve
the minutes. All in favor, say aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN HALL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER KOWAL: Aye.
MS. PATTERSON: Commissioners, that brings us to our
awards and recognitions.
Item #3A1
EMPLOYEE AWARDS & RECOGNITIONS - 20 YEAR
ATTENDEES – PRESENTED
March 26, 2024
Page 11
Item 3.A.1.A, Ms. Nicol will not be with us today. We will
schedule her for a future meeting.
So that brings us to our next 20-year attendee. This is Anthony
Colangelo, Jr., Parks and Recreation. Congratulations.
(Applause.)
CHAIRMAN HALL: Twenty-year guys know the drill.
(Applause.)
Item #3C
RETIREES - PRESENTED
MS. PATTERSON: Item 3.C, retirees. Item 3.C.1 is a
recognition of Nolan Sapp for his 46 years of dedicated public safety
service upon retirement. And as the chiefs approach, I just wanted
to say a few words about Chief Sapp.
My time in the County Manager's Office and before, Chief Sapp
has been an amazing colleague and a friend to me and to the county.
There's never been a time that I have called him or needed something
from him when he hasn't answered the phone and provided me the
best guidance and reassurance and help anytime, any day or any time
of the night.
I want to express my sincere thank you to you and as well as on
behalf of the staff. We've all worked closely with you. We know
that our relationship will continue in some form or fashion, and we
look forward to seeing you around. But congratulations on your
retirement for now.
(Applause.)
CHIEF CHOATE: Commissioners, before we let Chief Sapp
slide out of here -- for the record, Michael Choate; I'm your executive
director of public safety. His staff would like to say a few words, if
March 26, 2024
Page 12
that's okay, this morning. I'd like to introduce Chief Wolfe; he's the
interim chief now since the retirement, and Commissioner Dearborn
for the Greater Naples Fire Commission, and they'd like to say just a
couple things about their chief.
Personally, I'll take the privilege of this platform to just say
when I arrived here March 1st, 2016, Chief Sapp was open arms,
made me feel welcome, made me fit right in. And the first big
brushfire I showed up on, he just didn't even say hello. He just kind
of pointed and said, "Go do." So I went and did.
So, Nolan, we're going to miss you, brother. I'm trying to talk
you into staying retired. Do not come back. But we all know
better. So with that, Chief Wolfe.
CHIEF WOLFE: Good morning, everybody. Chris Wolfe,
Deputy Chief, Greater Naples Fire.
I really don't have anything else to add other than what
Ms. Patterson and Chief Choate mentioned. In the end, you're a
friend to many. You know, many will say that when they hear you
on the radio, you know, the chaos level drops a little bit, and we
know we're going to get some commanding control in place.
But like everyone has said, hopefully stay retired, but I don't
think that's likely. You'll pop up somewhere in about 48 weeks, if
my calculations are correct, with FRS.
So congratulations, Chief, and we'll miss you, and I'll air some
time to either of our commissioners if they want to say anything.
COMMISSIONER DEARBORN: Thanks, Chief Wolfe.
Chief Sapp, it's been an honor -- for the record, Patrick
Dearborn -- honor to be the fire commissioner of Greater Naples.
On behalf of -- I know we have Commissioner Cherney back
here as well, and all the commissioners.
Chief, I'm a military guy. We've got some amazing veterans
here in the room. We talk about being a good tactician, and the first
March 26, 2024
Page 13
thing I told you when I met ya was you're a great "in the field,
underfire" tactician. Your staff's awesome. You create a really cool
fairness, family atmosphere that I've seen. I know that's going to
continue, because you fostered that.
And on behalf of just all the citizens of Greater Naples and
Collier County men, I thank you, and God bless you and your family.
Thank you.
(Applause.)
COMMISSIONER LoCASTRO: I'd like Mr. Mike Bosi to
come forward and talk about Chief Sapp. No, just kidding.
CHIEF SAPP: I'd like to talk a little bit about Chief Sapp.
You know, when we prepared the retirement ceremony at the
office the other day, I was led to believe it was going to be like an
open house, people would come and go, and I was blown away, as
many of you attended that. I was very much appreciative of that.
And to look up to see Ms. Patterson, Mr. Rodriguez, and many of you
there, it was very heartfelt.
I love Collier County. I've given my heart and soul to Collier
County. I've given up many a day and night, a weekend, a holiday,
and without -- without a second thought, and I'd do it again. I've
enjoyed everything I've done over the 33 years that I've spent here in
Collier County.
I'd be remiss if I didn't thank all of you for the hard work that
you've put in working with me since I've been the fire chief. You've
helped, along with myself, the City of Everglades secure funding for
a new fire station. We've gotten Greater Naples' first COPCP. That
was a huge hurdle. And many other projects that I've worked with
Ms. Patterson, Mr. Rodriguez, the County Attorney, and everybody
with, along with Mike Choate, Dan Summers, Crystal in the back.
Me and her have been together since '93 when we bought the first
800 system. We were on that selection committee.
March 26, 2024
Page 14
So I've had deep roots in Collier County since I came here, and
I've enjoyed every minute of it. And I'm going to be -- I'm still
going to be living here. I enjoy living here. My family's here.
And I'll find something to do here in the county; there's no doubt
about it. I can't sit still that long.
But thank you all. I truly appreciate it. It means a lot to me.
So thank you.
(Applause.)
MS. PATTERSON: Commissioners, that brings to us Item 4,
proclamations.
Item #4A
PROCLAMATION DESIGNATING MARCH 24 - 30, 2024, AS
THE 41ST ANNIVERSARY OF KNOW YOUR COUNTY
GOVERNMENT WEEK. ACCEPTED BY TISH ROLAND,
4-H YOUTH DEVELOPMENT AGENT, UF/IFAS COLLIER
COUNTY EXTENSION, MIKIE STROH, SOCIAL STUDIES
COORDINATOR, COLLIER COUNTY PUBLIC SCHOOLS, AND
DIANE PRESTON MOORE, PRESIDENT, LEAGUE OF WOMEN
VOTERS - MOTION TO APPROVE BY COMMISSIONER
SAUNDERS; SECONDED BY COMMISSIONER KOWAL –
ADOPTED
MS. PATTERSON: Item 4.A is a proclamation designating
March 24th through 30th, 2024, as the 41st anniversary of Know
Your County Government Week, to be accepted by Tish Roland, 4-H
Youth Development Agent, UF/IFAS Collier County Extension;
Mikie Stroh, social studies coordinator, Collier County public
schools; and Diane Preston-Moore, president, League of Women
Voters.
March 26, 2024
Page 15
Congratulations.
(Applause.)
MS. VILLA: Hello. I am Nicole Villa, Golden Gate Estates
High School. I was chosen to represent the 2024 youth involved
with the 41st Know Your County Government.
Today we are on the third day of our program, that is partnership
with Collier Public Schools, League of Women Voters, and
University of Florida 4-H Youth Development in Collier County.
We've been all over Collier County visiting different offices, the
Sheriff, Supervisor of Electors [sic], Clerk of Circuit Court, Property
Appraiser, the Tax Collector, wastewater facilities, and so many
more.
We have found that there are a lot of people working for Collier
County, and they all have different backgrounds, education levels,
and experiences. All these people work to make Collier County the
most amazing place to live in. We would like to thank all the
employees of Collier County for what they do, and your hard work is
appreciated. Thank you.
(Applause.)
Item #4B
PROCLAMATION DESIGNATING MARCH 29TH, 2024, AS
VIETNAM WAR VETERANS DAY IN COLLIER COUNTY,
ACCEPTED BY VFW COMMANDER GAMAL "TONY" REYES -
MOTION TO APPROVE BY COMMISSIONER SAUNDERS;
SECONDED BY COMMISSIONER KOWAL –
ADOPTED
MS. PATTERSON: Item 4.B is a proclamation designating
March 29th, 2024, as Vietnam War Veterans Day in Collier County,
March 26, 2024
Page 16
to be accepted by VFW Commander Gamal "Tony" Reyes.
Congratulations.
(Applause.)
MR. HOLMES: Would you direct Dusty Holmes, former
Army nurse, to join us in the front? I'll pay for that later, people.
(Applause.)
MR. REYES: Good morning, Commissioners. I am Tony
Reyes, the VFW Post 7721 commander, and we do appreciate the
invitation and the recognition that you have expressed to us today.
We also want to take advantage -- and special thanks to
Commissioner LoCastro and his staff for spearheading the effort of
putting together the proclamation for us. It was very well done.
Thank you very much for it.
On behalf of the VF -- well, they're all escaped from me. I was
going to recognize our Vietnam veterans here today. But for those
that remained, thank you for your service, and welcome home.
Thank you.
(Applause.)
MR. HOLLIDAY: Thanks, guys. Appreciate it. Thank you,
everyone.
MS. PATTERSON: Commissioners, that brings us to Item 7,
public comments on general -- oh, yes. Could we get a motion to
accept the proclamations first, please, first? Thank you.
Thank you.
COMMISSIONER SAUNDERS: So moved.
COMMISSIONER KOWAL: Second.
CHAIRMAN HALL: All right. Moved and seconded. All in
favor to accept the proclamations, say aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN HALL: Aye.
March 26, 2024
Page 17
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER KOWAL: Aye.
MS. PATTERSON: Thank you.
Item #7
PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE
CURRENT OR FUTURE AGENDA
MS. PATTERSON: Item 7, public comments on general topics
not on the current or future agenda. Troy.
MR. MILLER: Mr. Chair, we have eight registered speakers
for this item. Your first speaker is Laurie Harris, and she will be
followed by Jackie Keay.
MS. HARRIS: Good morning, Commissioners. My name is
Laurie Harris. I am from Marco Island, Florida. Good morning,
everyone.
Collier County Domestic Animal Services has an advisory
board. This board has three open seats that are up for appointment
in April: A veterinarian or vet tech, Humane Society, and an
at-large. I have applied for the at-large seat. I'm a full-time resident
of Marco Island, a volunteer at DAS, the adoptions coordinator for
Guardians of Florida Animal Rescue, a member and volunteer at the
Marco Presbyterian Church, and I was a member of the U.S. Coast
Guard Auxiliary as a licensed captain and instructor and a volunteer
for the Marco Patriots. As you can see, I'm dedicated to my
community and the animals.
The seat I applied for is currently held by Sue Law. I don't
know if she's seeking reappointment to the seat, nor do I know if
anybody else has applied for any of the open seats. That's Sunshine
Laws.
March 26, 2024
Page 18
As for the office the County Attorney, the current advisory
board reviews all applications to decide who they want to the board,
then submits the applications for your approval. In my opinion, the
current advisory board is dysfunctional. A public records request for
the last five years cannot locate any recommendations from the
advisory board to the Board of County Commissioners.
The veterinarian was delighted to get off the board, stating, "I
don't see how this board brings any changes to the community."
The chairman changed meetings from monthly to quarterly and
stated to me, "Since Marcy" -- she's the director -- "does everything
herself, there's little for us to do."
I disagree with the sentiment and believe there is much the
advisory board can do to assist the DAS staff who work so very hard
for the animals and the community.
I'm here today because of my commitment to this community.
A healthy, functioning advisory board will identify problems and
work together to find solutions. My vision is to bring the non-profit
organizations and Collier to work in tandem with DAS, as we all
have the same mission.
In the next couple of weeks, the chairman of the advisory board
will ask you to approve his recommendations for the three open seats.
I respectfully request that you are not a rubber stamp to those
recommendations and, instead, review the applicants and appoint the
most qualified.
Respectfully submitted. Thank you.
MR. MILLER: Your next speaker is Jackie Keay. She'll be
followed by Richard Schroeder.
MS. KEAY: Good morning. Jackie Kay, proud Army veteran.
First John 2:18, 4:2 through 3 warns us that there have been and
will be many more antichrists. The antichrist is Satan's spirit that is
manifested in toxic people, and John confirms that these hypocrites
March 26, 2024
Page 19
will come from the Christian community.
Like Satan, such deceitful and corrupt Christians have rejected
God in their hearts, and Satan is their original antichrist who opposes
God and is the epitome of all things evil. These misguided liars who
claim to be Christians but are devils more -- but are devils prove
through consistent acts of hatred and evil that they are anti-Christ.
They blaspheme Jesus' name and weaponize Christianity, which
damages God's kingdom. They seem to forget that blasphemy is an
unforgivable sin, and hell is their only option.
According to Psalm 97:10, those who love God will hate evil.
Contrary to God's words, those who are anti-Christ love evil and hate
good. They are so hateful that they are targeting and persecuting the
very people Jesus commanded us to share the truth of the gospel
with.
According to Jesus and Matthew 7:21 through 23, not everyone
who claims or who calls him Lord will enter his kingdom. Jesus is
clear that only those who obey and do the will of God will enter
heaven. As such, he will tell the evildoers he does not know them,
which refers them or defers them to hell.
Antichrists will be judged more harshly because they know the
truth and still choose Satan. These devils embody forces of darkness
and evil spirits, Ephesian 6:12.
We are warned in 1 Corinthians 5:11 through 13 to not associate
or even eat with anyone who claims to be Christian and live in sinful
activities like sex outside of marriage, lies about others, worship idles
including politicians, or blasphemers.
The Apostle Paul clarifies that it is God's job to judge those
outside of the church and believers' job to judge those inside the
church who are living in sin.
Lastly, in Revelation 19 and 20, Satan, the beast, antichrist,
prophet, the man of lawlessness, and son of destruction and their
March 26, 2024
Page 20
followers will be thrown into the lake of fire where they will be
tormented forever and ever, amen.
Thank you.
MR. MILLER: Your next speaker is Richard Schroeder, and he
will be followed by Jay Kohlhagen.
DR. SCHROEDER: Richard Schroeder, retired physician.
We talked a little bit about -- at the last meeting about the risk of
wireless radiation to human and environmental health, but I think we
need to understand a bit more about the telecommunications industry
that uses wireless radiation and how it's regulated. It seems that the
regulations are very industry friendly indeed.
Federal law gave the FCC the sole power to regulate wireless
radiation risks. The FCC is a very improbable organization to serve
that role of protecting humans. It specializes in technical issues that
make the communications system function and promote it, not in the
health and safety of the individuals who use it. Such evaluations and
safety regulations that do exist certainly have not evolved with the
industry.
The FCC's rules target just one health hazard, the possibility that
wireless radiation can cause immediate thermal damage by
overheating the skin the way a microwave oven heats food. This is
done using a cute little test dummy. It's up on the screen there.
Proper human evaluations have never been done, and all we
know for sure from the FCC's SAR, our specific absorption rate test,
is that your cell phone and wireless devices will not harm plastic
within six minutes.
And this is in pretty sharp contrast to many other studies,
including that of the NIH's National Toxicology Program which
showed severe harms in animal testing with brain damage at even
1/100th of the dose used for humans.
So interestingly, our favorite organization, the World Health
March 26, 2024
Page 21
Organization, who loves it so much they want to control our lives,
played a part in this dramatic misplacement of risk assessment.
That's because most countries have adopted the W.H.O.'s regulatory
guidelines and electromagnetic frequency policies which assume that
negative health affects only occur when the levels of radiation are
high enough to heat human tissue, which doesn't take into account
long-term exposure to lower levels of radiation.
Two other wireless presences in our lives we should understand
better to get a grasp of this long-term exposure are 5G and SMART
meters. 5G introduced a whole host of additional risks by adding
3,000 new frequencies all in the short millimeter range. That's in
contrast to just five new frequencies that 4G added to the 20 that
already existed under the second generation and third generation, or
2G and 3G.
Your home SMART meter is a dual-use technology, meaning it
had military use development, whose initials stand for Smart Military
Armaments in Residential Technology. It's a hugely concerning
issue for its invasion of individual privacy, because it serves to
monitor every electronic aspect of our lives while throwing off tons
of radiation in the process with constantly pulsing signals.
And more on that later, but I wanted to save just a second or two
to just voice my support for those who may be coming after me with
the project for the community gardens. I happen to live in one of the
caged communities where gardens are not allowed. So I would lend
my support to that effort.
Thank you.
MR. MILLER: Your next speaker is Jay Kohlhagen. He'll be
followed by Nancy Hannigan.
MR. KOHLHAGEN: Jay Kohlhagen, for the record.
Commissioners, Dan, again, everyone here, hey.
I'm speaking about the community gardens here. There's a need
March 26, 2024
Page 22
for them. And I'm speaking for the people who I call urban farmers.
These are the people that live in apartment buildings; gated
communities, like Richard just said; people that live in, I guess,
mobile homes, mobile parks. I mean, these are all people that -- and
I guess other people can't afford to have gardens or -- these gardens
are for people that would just love to have a place they could put
some seeds in the ground and grow their own food.
I'm back to -- community gardens are a gathering place.
They're a gathering place for the community, for families and people
from different religions, different values, different cultures. This is a
place where they get together and work with the others on their food
plots or their garden beds, and they have a good time doing it. I
think that -- I think we need stuff like this, some of these out here.
Going back to -- I think gardening -- gardening is good therapy
for your mind and for your soul. It's another -- another
healthy -- healthy option for exercise.
I know that it's -- it's good for people like me that it's hard for
me to get around, and it's just a good source of exercise.
I think that it would make these -- if we make these community
gardens, I think we could make some that are actually
handicap-accessible. We could raise some gardens up so the
handicapped people can -- they can get their hands dirty and feel like
they're a part of the community.
I walked three parks on Saturday. East Naples Community
Park, I walked that, and I was looking for places, and I ran into a
couple, and they were -- I had talked to them about what they thought
about having a -- having a community garden. And they told me,
"Well, we're only down here since -- from December to Easter."
Well, I told them if they put some seeds in the ground, that by
Easter, that they'll be -- have greens on their plate.
What's another -- I'd like to -- you know, I'm going to get with
March 26, 2024
Page 23
you, Dan, tomorrow, and we'll go over some of this stuff at that
meeting tomorrow. And what I'd like to really say is -- I'd like to
say, let's make Collier County, okay, let's make Collier County the
community garden capital of the world.
Thank you, guys.
CHAIRMAN HALL: Commissioner Saunders.
COMMISSIONER SAUNDERS: Before you leave the
podium, sir --
MR. MILLER: Jay.
COMMISSIONER SAUNDERS: And I'm glad you're having a
meeting with Commissioner Kowal, because my question was -- you
know, I grew up gardening in an area that had a community garden.
What are you thinking of in terms of locations and things like that?
MR. KOHLHAGEN: Oh, East Naples to start.
COMMISSIONER SAUNDERS: I mean, is there a particular
area?
MR. KOHLHAGEN: Oh, yeah. I've got them. I'll talk to
Dan about that tomorrow.
COMMISSIONER SAUNDERS: Great. And then the other
issue is how do you make sure that the people that are doing the
gardening are the ones that reap the benefits from it?
MR. KOHLHAGEN: Well, that's because you've got a
little -- you've got a little gate there with a little key, a little
combination, so the people can get in and do that.
COMMISSIONER SAUNDERS: I look forward to hearing
from Commissioner Kowal.
MR. KOHLHAGEN: I'm telling you, I've got one in your -- I
see -- I see these gardens all over the place. I mean, I see them -- the
Vineyards. I talked to -- I talked to John, John Dino over there.
He's the president of Naples -- the Optimist Club, and he said they'd
be willing to -- to fund some of that out there. They thought it was a
March 26, 2024
Page 24
real good idea, you know. There's a lot of it.
I see -- I see community gardens right outside this government
complex out here. Your people can -- or any people that work here
can do their garden at lunchtime or something. I mean, I see them
all over, from Everglades City, I mean, all the way to North Naples,
all the way to Immokalee. I see them -- in all your districts, I see
these, including Marco and, like I said, Isle of Capri. I mean, I see
them all over.
But I'd like to start with one so we can work the bugs out, you
know, work the bugs out, you know and --
COMMISSIONER SAUNDERS: Thank you.
CHAIRMAN HALL: Thank you, Jay.
MR. KOHLHAGEN: All righty.
MR. MILLER: Your next speaker is Nancy Hannigan. She'll
be followed by Andrea Werder.
MS. HANNIGAN: Good morning. I work at the -- I don't
work at -- I garden at the community garden on Immokalee Road
with Jay and a lot of other lovely people, and I think it's a wonderful
idea to have different gardens around the communities, North Naples,
South Naples, because I drive all the way from the airport up to
Immokalee Road every other day just to water my garden or prune or
whatever.
Anyway, I think gardening is a wonderful extracurricular
activity at this point. But in the future, given there are forces in the
country that consider eating bugs a possible future for us, I think that
having lots of community gardens and planting fruit trees around
Collier County, I think it's a wonderful idea.
And I've been studying nutrition my entire life, and I think
eating vegetables, especially fresh ones, not month-old vegetables, is
absolutely the best way to go. And when certain foods are not
available to us, which could be part of our future as well, I would
March 26, 2024
Page 25
consider it prudent to allow Collier citizens to grow and raise their
own food at their homes, if they have space, and maybe the spaces
need to be looked at.
Okay. Thank you very much.
MR. MILLER: Your next speaker is Andrea Werder. She'll
be followed by Daniela Craciun.
MS. WERDER: To plant a garden is to dream of tomorrow,
but today we no longer have to dream it. We can do it. Today we
can build it. Today we can grow it. Today we can come together
and enjoy community gardening in Collier County.
And just listening to the other speakers -- I've been a member of
a community garden, and what I like about it is it brings people
together. I kind of think of that Beatles song, "Come Together."
What it does -- thank you. Yes. That's exactly what it does;
Christians, Jew, you know, rich, poor, it doesn't matter. We all want
to eat good food. And we all enjoy being in a beautiful environment
with people in the community who actually care. We want to make
Naples a better place.
When I moved down here five years ago, what I loved about
Naples is it had this perfect vibe of cultural and organic farming.
And I'm like, "Wow, this is a community that it's small enough where
we can grow together, where we can support one another."
In this politically divisive climate, it's kind of sad, but the garden
has been my haven, my haven to meet with all different walks of life,
people from -- people are my friends that I never even knew were
around. You know, it just brings us together, and that is my message
today.
Just, let's come together, let's do something to support one
another physically, mentally, socially, and even financially.
So thank you so much for considering this garden community.
Bye, bye.
March 26, 2024
Page 26
MR. MILLER: Next speaker is Daniela Craciun.
MS. CRACIUN: Craciun.
MR. MILLER: And she'll be followed on Zoom by James
Reichert.
MS. CRACIUN: Yes. Good morning. I'm the president of
Collier Fruit Growers. It's a non-profit organization here in Naples
for the last 45 years, and we -- together with all the board, we decide
to help Collier County and the kids in Collier County to build
gardens.
And we start to -- I start doing cooking classes. I'm a chef, a
nutritionist, at my daughter's school. And when I say, "I would like
to plant some trees to start," they say, "We are not allowed because of
the law in Collier County."
In Lee County, they have more than 50 gardens, and they
harvest, just in 2023 and 2024, 7,500 pounds of food, of vegetables,
who go in the cafeteria, and from there they -- the kids are eating
healthy vegetables. Here in Collier County, it's not allowed, and I
don't understand why.
We start -- our vice president of the club start a garden in
Everglades City, and it's helping kids mentally. Never in history of
the United States, kids are -- they were not so sick like now. Like
garden help to -- mental health, help kids reconnect with Mother
Earth. They in the computer and in the iPad all the time. I don't
think that is bad, but they need to balance a little bit nutrition outside,
and the computer.
Then we are collaborating with Ave Maria to put a food garden
there, and with IFAS. I would like to see what we can do here in
Collier County for our school to have a program like in the Lee
County who already accomplish what they want in the last three
years.
That's it. Do you have any questions?
March 26, 2024
Page 27
(No response.)
MS. CRACIUN: Okay. Thank you.
CHAIRMAN HALL: Thank you.
MR. MILLER: Mr. Chair, your final registered speaker for
Item 7 joins us on Zoom, James Reichert.
Mr. Reichert, you're being prompted to unmute yourself, if
you'll do that at this time. I see you're unmuted, Mr. Reichert. You
have three minutes.
MR. REICHERT: Hi, thank you. And I'd like to express my
appreciation for all the members of the county government that work
so hard to make Collier County better.
I'm calling today because the Growth Management Plan
Community Development department that I've been dealing with as
an owner/builder in the process of trying to get inspections on my
little, stupid kitchen remodel have been -- egregious, at least in my
opinion. They have a customer service number, which is (239)
252-2400, and you call it, and you leave it a message, and they say
they'll get back to you in eight hours, but I'm still waiting for months
from four different phone calls for them to call me back.
And I just want to bring this to your attention as, right now, I
can't schedule any of my inspections or do anything that -- which is
county requirements, and I'm trying to figure out how to wade
through this process and get it resolved other than just going ahead
and ignoring what the county has to say.
That's all I've got. And thank you for your service.
MR. MILLER: That was your final registered speaker for Item
7.
CHAIRMAN HALL: County Manager.
MR. MILLER: Oh, I'm sorry. I just -- I have someone on
Zoom that was registered for a different item, which is now raising
their hand as though they want to speak on this item. So with your
March 26, 2024
Page 28
permission, Mr. Chair, I'd like to check this item out.
Ms. Matthews, did you want to speak on public comment on
general topics?
MS. MATTHEWS: Hi. Yes. Thank you. Can you hear me?
CHAIRMAN HALL: Yes, ma'am. Please go ahead.
MS. MATTHEWS: Wonderful. Thank you.
Good morning, everyone. I'm an active volunteer and the PTO
president at Sabal Palm Elementary. It's located in Golden Gate's
estate area. The school is a Leader In Me school.
I want to share that very recently, we restarted the school garden
beds, and both the students and the staff are not only embracing this
activity, they are so eager to do more. And the students have been
asking for a gardening club, cooking classes, increased hands-on
gardening opportunities, and earth science-based experiments.
Just in the short time of having the garden at Sabal Palm, I am
seeing firsthand how the garden is so much more than growing
plants. It is a laboratory on the campus that is incorporating
nutrition, team work, sustainability, improves mental wellness, and
embraces the core Collier County Public Schools curriculum
standards. And most importantly, it's reconnecting the youth with
the earth.
My vision is to expand the availability of creating new gardens
in Collier schools and communities. We would like your support to
collaborate with county leadership to design an equitable and
sustainable program model and continue to keep Collier County the
most amazing place to live.
Thank you.
MR. MILLER: And that should conclude public comment.
Thank you, sir.
Item #9A
March 26, 2024
Page 29
ORDINANCE 2024-14: AN ORDINANCE AMENDING THE
COLLIER COUNTY GROWTH MANAGEMENT PLAN TO
CREATE THE GMA COMMERCIAL SUBDISTRICT WITHIN
THE RURAL GOLDEN GATE ESTATES SUB-ELEMENT OF
THE GOLDEN GATE AREA MASTER PLAN TO ALLOW
125,000 SQUARE FEET OF GROSS FLOOR AREA OF
COMMERCIAL INTERMEDIATE AND INDOOR
AIR-CONDITIONED MINI SELF-STORAGE USES OF WHICH
UP TO 80,000 SQUARE FEET OF GROSS FLOOR AREA MAY
CONSIST OF INDOOR AIR-CONDITIONED MINI AND
SELF-STORAGE. THE SUBJECT PROPERTY, CONSISTING OF
9.84 PLUS/MINUS ACRES, IS LOCATED ON THE SOUTH SIDE
OF IMMOKALEE ROAD APPROXIMATELY 773 FEET WEST
OF THE INTERSECTION OF IMMOKALEE ROAD AND
RANDALL BOULEVARD IN SECTION 27, TOWNSHIP 48
SOUTH, RANGE 27 EAST - MOTION TO APPROVE WITH
CHANGES RELATED TO A DEED RESTRICTION BY
COMMISSIONER MCDANIEL; SECONDED BY
COMMISSIONER KOWAL – ADOPTED
Item #9B
ORDINANCE 2024-15: AN ORDINANCE REZONING
PROPERTY TO A COMMERCIAL PLANNED UNIT
DEVELOPMENT ZONING DISTRICT FOR A PROJECT TO BE
KNOWN AS GMA CPUD TO ALLOW 125,000 SQUARE FEET
OF GROSS FLOOR AREA OF COMMERCIAL INTERMEDIATE
AND INDOOR AIR-CONDITIONED MINI AND SELF-STORAGE
USES OF WHICH UP TO 80,000 SQUARE FEET OF GROSS
FLOOR AREA MAY CONSIST OF AIR CONDITIONED MINI
March 26, 2024
Page 30
AND SELF-STORAGE ON 9.84-PLUS ACRES OF PROPERTY
LOCATED SOUTH OF IMMOKALEE ROAD APPROXIMATELY
772 FEET WEST OF THE INTERSECTION OF IMMOKALEE
ROAD AND RANDALL BOULEVARD IN SECTION 27,
TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY,
FLORIDA - MOTION TO APPROVE WITH CHANGES
RELATED TO A DEED RESTRICTION BY COMMISSIONER
MCDANIEL; SECONDED BY COMMISSIONER KOWAL –
ADOPTED
MS. PATTERSON: Commissioners, that brings us to Item 9,
advertised public hearings. Item 9.A and 9.B are companion items.
I will read them both in before we get started.
Item 9.A is a recommendation to approve an ordinance
amending the Collier County Growth Management Plan to create the
GMA Commercial Subdistrict within the Rural Golden Gate Estates
Sub-Element of the Golden Gate Area Master Plan to allow 125,000
square feet of gross floor area of commercial intermediate and indoor
air-conditioned mini self-storage uses of which up to 80,000 square
feet of gross floor area may consist of indoor air-conditioned mini
and self-storage.
The subject property, consisting of 9.84 plus/minus acres, is
located on the south side of Immokalee Road approximately 773 feet
west of the intersection of Immokalee Road and Randall Boulevard in
Section 27, Township 48 South, Range 27 East.
Its companion, Item 9.B, requires that commission members
provide ex parte disclosure should a hearing be held on this item, and
participants are required to be sworn in.
This is a recommendation to approve an ordinance rezoning
property to a Commercial Planned Unit Development zoning district
for a project to be known as GMA CPUD to allow 125,000 square
March 26, 2024
Page 31
feet of gross floor area of commercial intermediate and indoor
air-conditioned mini and self-storage uses of which up to 80,000
square feet of gross floor area may consist of air conditioned mini
and self-storage on 9.84-plus acres of property located south of
Immokalee Road approximately 772 feet west of the intersection of
Immokalee Road and Randall Boulevard in Section 27, Township 48
South, Range 27 East, Collier County, Florida.
Commissioners, ex parte, and then we'll be sworn in through the
court reporter for all participants.
CHAIRMAN HALL: Commissioner Kowal.
COMMISSIONER KOWAL: Yes, Chairman. I have -- for
9.B and 9.C [sic], I have meetings and e-mails.
COMMISSIONER SAUNDERS: Mr. Chairman, I have the
same for items 9.A and -- I mean, 9.B and 9.C.
CHAIRMAN HALL: Commissioner McDaniel.
COMMISSIONER McDANIEL: And I do as well, meetings
and calls on 9.A -- or 9.B and 9.C.
CHAIRMAN HALL: Commissioner LoCastro.
COMMISSIONER LoCASTRO: 9.B and 9.C, I have meetings.
CHAIRMAN HALL: And I, as well, have meetings and emails
on both items.
MS. PATTERSON: Commissioner, we're on 9.A and 9.B.
CHAIRMAN HALL: 9.A and B. We all do on 9.B and 9.C.
MS. PATTERSON: Okay. Well, we'll get C again when we
get to C.
All right. We need all participants that are -- to stand up and
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.)
March 26, 2024
Page 32
CHAIRMAN HALL: Mr. Mulhere.
MR. MULHERE: Good morning. Thank you, Mr. Chairman.
Here with me is Michael Saadeh, who's the applicant. He's
standing behind me, or kneeling behind me. Norm Trebilcock is the
transportation consultant. I noticed that Tim Hall is in the
background. He's the environmental consultant. And Russ Weyer,
who is not on here -- and I apologize to Russ -- but he did the market
analysis.
So the blue star there shows the location. You can see Randall
Boulevard as well as Immokalee Road. This is a little more closeup
perspective. You can see the canal on the east side and the three
parcels that make up this application.
And as the County Manager indicated, there are two companion
items: A Small-Scale Growth Management Plan amendment and a
companion rezone to a commercial Planned Unit Development.
I just wanted to give you a little bit of background. A portion
of this site, approximately three acres, which is right here, was the
subject that was -- that's known as Pond 8. That is currently a
drainage facility for Immokalee Road, county owned -- was in
consideration for a parcel swap which was independently evaluated
by Jacobs Engineering on behalf of the county, and it was determined
that the swap of the Pond 8, site consisting of about three acres, with
Tract 52, Unit 23 -- I'll show you that parcel in just a minute -- which
consists of five acres, was very adequate and of benefit to Collier
County.
Tract 52, which is the parcel identified in purple here, is, again,
a full two acres larger than the existing pond allowing for a wet
detention facility, also immediately adjacent to the canal allows for
an outfall to that canal.
This aerial shows the proposed improvements. The canal here
on the north side of Immokalee Road, the water goes under
March 26, 2024
Page 33
Immokalee Road and will be designed to follow that yellow dashed
line down to this new pond site, which provides a great deal more
storage and also allows discharge directly to that pond site.
That was approved by the Board -- at this point, I think it was
two years ago.
MR. SAADEH: November 2021.
MR. MULHERE: November of 2021, thank you.
This is just a copy of the Golden Gate Estates Rural Future Land
Use Map. It shows the location of the subject property.
This is the zoning map. As I indicated, the property is presently
zoned E, Estates.
This is the county's PUD map. It shows the adjacent PUDs,
BCHD right here, the Randall Curve PUD right here, and Orange
Blossom Ranch is up in here and Orangetree is -- of course, the
settlement area is these four sections right here.
This is the PUD master plan. We did work with the staff to
locate two means of ingress and egress. That's a right-in, right-out,
right-in, right-out, and that's sufficiently located to the west, both of
them, in order to not interfere with the turn lane which will provide
access to the approved Randall Boulevard, and I'll show you that in
just a moment.
We've located our preserves along the perimeter, providing
additional buffering to the Estates lots to the south.
The TIS indicates a total p.m. peak hour trip generation of -- I'm
looking for here -- 173 trips. 389 -- I'm sorry, 389. Yeah, sorry,
right here. That's why I marked it, so I wouldn't mess it up, and I
messed it up.
Staff recommendations for both the Small-Scale GMPA and
CPUD are for approval. The Planning Commission met on
February 1st, and a motion to approve failed by a vote of 3-2. There
were only five members present at that meeting.
March 26, 2024
Page 34
Probably the biggest issue discussed was the demonstration of
need under the Florida Statutes to support a comprehensive Growth
Management Plan amendment.
These are the applicable sections of the Florida Statutes, Chapter
163. And I'll get into a few more specifics, but A is the amount of
land required to accommodate growth, in this case for commercial
use, were consistent with all of those measurements, and also to meet
the projected permanent and seasonal population growth, the
character of the undeveloped land, as it's located immediately on
adjacent -- on Immokalee Road.
We do have public facilities available. This does discourage
urban sprawl. Golden Gate Estates is a -- generally has been a
single-use, l-o-w density, very large -- at one point, purported to be
the largest subdivision in the world.
So by providing other opportunities for commercial activities,
you are discouraging some of the negative impacts of sprawl,
particularly causing the immediately surrounding area to get in their
car and drive, you know, to the west or significantly further to the
east.
There are job creation benefits. And J is what I just discussed
about the, you know, antiquated subdivision.
This is a market analysis area shown in the circumference there,
and you can see that this will serve a significant portion of Golden
Gate Estates.
Russ' analysis indicates that there is presently a supply of
approximately 3,658,400 square feet and that the demand, through
the horizon year of 2023, will be 3,834,211 square feet. So there is
demand.
And, furthermore, we are below the allocation ratio that the
county establishes for these types of market studies in terms of
demand. We're at .99 in the horizon year.
March 26, 2024
Page 35
I wanted to show you this because I think it has bearing on this
request. The county had done an improvement design several years
ago now. And there was a first phase and then a second phase, and
this is the first phase.
And there's triple lefts here now in this first phase for folks
heading down Randall and turning west on Immokalee Road. And
as I had indicated to you, that our access points here were designed so
as not to impact with a right turn lane for folks turning right onto
Randall.
You can see there will be a pretty -- some pretty significant
improvements in the initial phase, Phase 1, to this intersection.
Phase 2, it's not funded, and, you know, I don't really know
when this will occur, but Phase 2 is actually a partial flyover, and you
can see that right here. Traffic will -- from Randall will fly over
Immokalee Road, and then you can see this decel or -- I guess,
deceleration lane here to enter the travel lane on Immokalee Road,
which in this design, significantly extends into where the subject
property is, albeit on the other travel lane, the north -- the travel lane
heading west.
So we have a staff recommendation of approval, subject to the
condition that an opaque wall or fence be installed along the southern
perimeter of the PUD, 6-foot opaque wall or fence. We agreed to
the condition except that we don't think a wall or fence needs to be
required here because that's the county's drainage pond. So nobody
will be impacted there. But we would agree to that condition as it
extends across the majority of the parcels.
With that, I'm open to answer any questions. I do want to
introduce my client, Michael Saadeh, who would like to say a couple
of words.
MR. SAADEH: Good morning, Commissioners. My name is
Michael Saadeh. I've been a full-time resident of Collier County for
March 26, 2024
Page 36
38 years. And as most of you know, I've been involved with quality
developments throughout that time.
Just real brief about the context of the swap agreement, we met
with staff and with the county when they were discussing the
expansion of Immokalee Road, and the pond that you guys own, the
drainage pond, was small and inadequate to accommodate the
expansion.
We had a parcel that -- the 5-acre parcel that was referenced
earlier. We offered to swap that with the county parcel, and then
your staff did a great job negotiating the improvements as well.
So as part of the swap agreement, we had to -- once it's done,
we'll do the improvements and -- the drainage improvements all the
way to the new parcel, the five acres. It also will provide you with a
discharge to the canal, which you don't have now. And the parcel
you have right now is considered dry storage, and the one we will
swap with you with the 5-acre parcel will be wet storage, which we
have to excavate.
So this is really a win-win for the county, for the citizens of
Collier County, the taxpayers, for us. It's a good project for
everyone. Very few people would consider those parcel
frontage -- fronting Immokalee Road to be prime for residential,
especially when the road gets expanded.
Most of the traffic's going to be local traffic. It's going to be
generated locally. There's not going to be anybody trying to go there
to -- you know, to get a sandwich or something if that becomes the
usage out there.
So we appreciate your support, and ready to answer any
questions you may have. Thank you.
CHAIRMAN HALL: Commissioner Saunders.
COMMISSIONER SAUNDERS: I do have a couple quick
questions.
March 26, 2024
Page 37
The swap, has that already been completed? Or is that --
MR. SAADEH: The swap agreement, Commissioner Saunders,
was approved by the county board unanimously in November 2021.
COMMISSIONER SAUNDERS: Right. But I guess the
question is that swap is not conditioned on this approval?
MR. SAADEH: No.
COMMISSIONER SAUNDERS: The swap has occurred?
MR. SAADEH: The swap has occurred, yes, correct.
COMMISSIONER SAUNDERS: And then I was a little
confused on the total square footage of commercial. It looks like the
total square footage is 125,000 square feet --
MR. SAADEH: Yes, Commissioner.
COMMISSIONER SAUNDERS: -- but I wasn't sure if there
was an additional 80,000.
MR. SAADEH: That's included in the --
COMMISSIONER SAUNDERS: That's included, okay.
MR. SAADEH: The 80,000 is included in the 125. The total
number is 125.
COMMISSIONER SAUNDERS: And then what are -- I'm not
sure if this is for you or for staff. But what are the potential
commercial uses?
MR. SAADEH: I'll let Bob address that.
MR. MULHERE: Well, they're general convenience
commercial, but I have the list of uses right here. So you have, you
know, office uses and retail uses, childcare.
COMMISSIONER SAUNDERS: I guess - I guess what I
would ask, without going through that list, No. 28 says eating places.
Would there be any potential for, like, fast food or something that
generates a tremendous amount of traffic? Is there any potential for
that, or what are you thinking?
MR. MULHERE: Yes. Under that SIC code, 5812, fast food
March 26, 2024
Page 38
is allowed. Obviously, it will depend on the market, you know.
Bars are not -- free-standing bars are not allowed. We didn't include
that use, but eating places are.
COMMISSIONER SAUNDERS: Are there any other
high-traffic-generating types of businesses? That looks like
probably the only one that would have some potential for some --
MR. MULHERE: I agree. I think everything else is -- you
know, with 125,000 square feet, you're not going to generate a great
deal of neighborhood commercial traffic. And it will come from the
surrounding area, I think. As was indicated, people aren't going to
drive a long distance to get here from somewhere else.
COMMISSIONER SAUNDERS: Would there be an issue with
eliminating fast food?
MR. SAADEH: Yes, Commissioner. Just for the record, I
mean, if you had like a McDonald's, per se, the people that are going
to stop at that McDonald's would be local traffic going home and
coming back. It won't be someone driving from Naples to that
McDonald's. We still maintain that this traffic's going to be local.
COMMISSIONER SAUNDERS: All right. I was just kind of
curious as to what some of the uses were. So thank you.
MR. SAADEH: Thank you.
CHAIRMAN HALL: Mr. Saadeh, I have a question for you.
So in lieu of the land swap, what's the monetary value that was
negotiated by staff for the improvements that benefit the county?
MR. SAADEH: It's all -- we bear the whole expense of all of
it. The county does not pay anything towards the improvements,
doesn't pay anything towards the excavation of the pond, does pay
anything that would solve it. You know, the county just will benefit
from trading three acres of land for five acres of land, getting all the
improvements, which are way north of a million dollars in terms of
the cost --
March 26, 2024
Page 39
CHAIRMAN HALL: That's what I was asking. What was the
value of the improvements that you're going to do for the
stormwater?
MR. SAADEH: Once we dig the pond, it's going to be
substantially more than a million dollars.
CHAIRMAN HALL: Great. Thank you. And are those
improvements subject to this Growth Management Plan being
approved?
MR. MULHERE: I'm sorry. Mr. Chairman, they're subject to
the swap, so that will have to occur. I'm sure the staff won't approve
the SDP until those improvements are done, or they'll put a condition
on this.
CHAIRMAN HALL: I'm just trying to clarify for the public
there.
MR. SAADEH: The swap will not occur officially -- I mean,
you agreed in principle to the swap, and you signed the agreement
unanimously in November 2021. But the official swap will occur
once all the improvements have taken place and all the things were
done with the proper agencies and the permitting, et cetera, et cetera.
And then once everything is finished and accepted, then -- and the
county can verify that all these things are exactly what they need to
be, then the official transfer of title, if you would, would take place
between us and the county.
CHAIRMAN HALL: Great. Thank you, sir.
Troy.
MR. MILLER: Yes, Mr. Chairman. We have two registered
public speakers for this item. Brian McMahon. He'll be followed
by Tom Henning.
MR. McMAHON: Good morning. My name is Brian
McMahon. I live about a block and a half away from where this
project is going to be.
March 26, 2024
Page 40
We have zoning rules. We have the Land Development Code,
growth management. And the reason they have these is so people
have an expectation of what's going to happen before they invest their
money in property or, if they want to buy property, to enjoy a certain
lifestyle.
We're not talking about a little building here. This is a
Home-Depot-sized building that you want to put on residential lots.
People moved out to the Estates because they wanted to get away
from that. They don't want to hear trucks backing up at two o'clock
in the morning, "Beep, beep, beep." They don't want to hear car
stereos. They don't want to hear car alarms. They want to have
peace and quiet. That's it.
The people whose houses are directly behind this, who's going
to compensate them because the house value's going to drop into the
toilet? Who's going to want to buy that house that 50 feet away is
125,000-square-foot building? Who makes them whole?
Isn't -- this is what zoning laws are for. You know, it's just -- it
would be one thing if it was a smaller building, but like I say, the size
of this thing, I believe, was two stories, correct? Correct me.
This is completely inappropriate for the area. I didn't move out
there to have this thing, you know, around the corner from my house.
Like you say, there's fast food, there's auto parts stores on that
list. There's all kinds of things that are going to go into that
building. It is not appropriate for Golden Gate Estates.
What about the parcels that are next to it? There's 700 and,
what, 70 feet between there and Wilson Boulevard? You're not
going to be able to deny that commercial property after you gave
these guys, so that whole corridor's going to be. Then the guy on the
other side of Wilson Boulevard is going to go, "Hey, look at that.
Why can't I develop my property commercial?"
We've got to stop and look at Golden Gate Estates and stop just
March 26, 2024
Page 41
thinking that this is the place where we're going to build whatever we
want. It's starting to look like we're going to make this Houston,
Texas, where you want to build it, you go right ahead, because you
don't even need a permit.
So I'm begging you guys, please, leave our neighborhood alone.
There's a lot of frustration already out here, and I'm sure you've heard
it. People are talking about making a city, because we're getting
tired of it.
This is a classic example here. This isn't a little doctor's office.
Would you want 125,000-square-foot building in your neighborhood?
If it was on Marco Island, people would be in here with
pitchforks and torches, okay. Same with Pelican Bay. We've had
enough.
Please, turn this thing down. If he wants to come up with
something a little bit more reasonable, it's worth talking about. But
this is not appropriate for Golden Gate Estates. Thank you.
MR. MILLER: Your next and final speaker on this item is Tom
Henning.
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?
MR. HENNING: I do.
Commissioners, I've known Mr. Saadeh for decades. He's a
man of his word.
This is a true public benefit. When I was a commissioner, we
would give impact fee credits for this swap and improvements. Now
I see the Board, what they're doing is something different
with -- Kalea Bay is one that stands out to me.
But the improvements over there will actually mitigate some of
the noise coming from Immokalee Road. You're going to have a
ramp there. Those buildings will mitigate some of those noises.
March 26, 2024
Page 42
You're going to have a controlled access -- if these were
residential, you would have at least three separate accesses over
there. So it's a benefit to the community. And when I was a
commissioner, we encouraged commercial in Golden Gate Estates to
serve the residents in Golden Gate Estates and the communities
around there to shorten the trips. This is not a trip generator. It's an
attractor, and it's not going to attract myself living in East Naples,
Commissioner LoCastro's district, but it's going to attract those trips
out there, which is a benefit not only to the community of Golden
Gate, but a benefit to the community as a whole when you start doing
proper land planning and placing uses that the people in the area's
going to use.
Thank you for your time, and I encourage you to approve this
unanimously. Thank you.
MR. MILLER: That was our final speaker.
CHAIRMAN HALL: Commissioner Saunders.
COMMISSIONER SAUNDERS: Thank you, Mr. Chairman.
I also have known Michael Saadeh for many, many years and,
obviously, his entire team. So this is a very difficult one for me
because I feel the pain of the folks in the neighborhood that are
concerned about their quality of life.
And I also understand that this is -- there's a public benefit here.
But I think that the real issue is are we negatively impacting the
neighborhood? And I haven't quite decided how I'm going to vote
on this issue. I'm still going to listen to my colleagues here, but I
have an issue with that. I know we've changed a lot of the Comp
Plan as it applies to individual lots along Immokalee Road, and I hear
the complaints from the community, and so I have some issues with
this. And I'm looking forward to hearing from the -- from my
colleagues on this.
MR. SAADEH: Can I interject something, Commissioner
March 26, 2024
Page 43
Saunders?
The gentleman lives on the north side of the road. And it's
interesting that the folks that live on the adjacent property, not one of
them came into the community hearing -- community meeting or the
Planning Commission or here today to show opposition to this
project.
The benefit to them is actually better than if it's not developed
this way. If it's developed with single-family Estate homes, you
wouldn't have any requirements to build any buffer or any wall or
any type of, you know, noise barrier or anything else. You could
just build a house, put the minimum amount of landscaping required,
and done.
We're giving them a humungous amount of buffer plus an
opaque wall to the height of six feet or so. So that's a -- actually, it's
an improvement for the immediate neighbors and interesting that
nobody showed up and you only had one speaker telling you that he
doesn't like this.
And I don't even know when this gentleman moved to town.
But this is Immokalee Road. This is not the heart of the Estates
where you're in the middle of 50 lots. This is right on Immokalee
Road, which -- as the town grew over the last 40 years, you know, the
character of the neighborhood's changed. The character of
everything changed. And there are services that would be required
in that neighborhood because these areas are growing, as you know,
with Ave town and all the other things.
So there would be those -- the needs for these required services,
and the immediate neighbors, not one of them came in and objected.
That's relevant to say.
COMMISSIONER SAUNDERS: Let me ask you a couple
quick questions then. In terms of -- when was the application made
for this -- this change in the Comp Plan?
March 26, 2024
Page 44
MR. SAADEH: We've been in the works on this since
November of 2021. We've had to go through the motions. We've
had to go through Planning Commission. We have to go through the
staff, the engineering, all that work.
COMMISSIONER SAUNDERS: I understand. The reason
that I asked that question is I had asked the Board to impose a
moratorium on these comprehensive land-use changes on this
segment of road, actually, on most of Immokalee Road from I-75
eastward, but I made it clear that I wasn't looking to impact existing
applications.
MR. SAADEH: This is two years before that.
COMMISSIONER SAUNDERS: I understand, Mr. Saadeh.
And so I became very concerned about this, but also recognizing that
this was a pre-application long before I had made that
recommendation.
And then, I would ask staff, has there been any communication
from the residents on that -- I guess that's the south side of
Immokalee Road where this project is?
MR. BOSI: Mike Bosi, Planning and Zoning director. Staff
has not received any comments.
COMMISSIONER SAUNDERS: And I assume that the
neighbors would have been notified?
MR. BOSI: Most definitely.
COMMISSIONER SAUNDERS: Would they have been
notified about this hearing today?
MR. BOSI: Yes. Yes, sir.
COMMISSIONER SAUNDERS: And you've gotten nothing?
MR. BOSI: Nothing.
COMMISSIONER SAUNDERS: All right. Well, that
answers my questions. I can support this. It's still consistent with
what I had asked -- asked the Board to consider some time ago in
March 26, 2024
Page 45
terms of future applications. And so I think your explanation
certainly gets me over the hump.
I certainly would hope that there -- if there's fast food there or
something that generates a lot of traffic, that our traffic folks take that
into consideration in any kind of approvals in terms of impacts on
that roadway --
MR. SAADEH: Thank you.
COMMISSIONER SAUNDERS: -- but thank you.
CHAIRMAN HALL: Commissioner McDaniel.
COMMISSIONER McDANIEL: Yeah. Can we hear from
staff? I'd like to hear from staff, and then I have a couple of
comments that I'd like to make.
MR. BOSI: Mike Bosi, Planning and Zoning director.
As Mr. Mulhere indicated within his presentation, staff is
making a recommendation of support for both the GMP and the PUD.
The Planning Commission felt that it did not meet the "needs
analysis" requirements for a Growth Management Plan. And where
staff's perspective was that it was a public benefit that was also being
provided for, and one of the -- related to the stormwater pond and the
access to the canal.
The other point -- and it was highlighted -- was if this was to be
developed as three individual Estates lots, those would be three
individual driveway curb cuts onto Immokalee Road, and that's not
the type of -- that's not the type of arrangement that would promote a
better traffic flow for this individual area. For all those
reasons -- and staff is of -- supporting of having the opaque fence or
wall ending prior to the stormwater pond.
COMMISSIONER SAUNDERS: I would think it would have
to be a wall. We were talking about noise reduction.
MR. BOSI: Yes.
COMMISSIONER SAUNDERS: And an opaque fence won't
March 26, 2024
Page 46
provide much of that.
CHAIRMAN HALL: Comments, Mr. -- Commissioner
McDaniel.
COMMISSIONER McDANIEL: Yeah. Well, I do. You
know, I think probably -- and we've talked about this as far as -- as
far as -- and I'll bring it up again at the end of this -- at the end of our
meeting here today.
But it's past time for us to review the Golden Gate Master Plan.
And we've already got a committee convened, the East of 951
Horizon Study 2.0 that's out there that we may be able to bequeath
that task to and have a review of the Golden Gate, especially
specifically the rural segment of the Golden Gate Master Plan.
There are a lot of intersections, there are a lot of properties that
really should be reviewed to decide what should be put on those
pieces of property as opposed to the -- as opposed to the spot zoning
that sometimes happens as we go forward. We haven't reviewed the
Golden Gate Master Plan for -- I think we adopted the last one in '19.
2019 was the last time that we did that.
So my main concern was two-fold. No. 1, do we have
sufficient right-of-way for the expansion and improvements to the
intersection of Immokalee and Randall Boulevard?
MR. BOSI: And Ms. Scott could speak to that more
intelligently, but just from my conversations with her, she has
indicated that we do have all of the necessary right-of-way.
COMMISSIONER McDANIEL: Okay. Is that correct, Ms.
Scott?
I got two thumbs up on that.
My main concern -- and I'd like to ask this, and maybe the
applicant as well. If a rezone is consummated here, would you give
consideration to prohibitive language within the PUD to allow
conversion from commercial to high-density residential?
March 26, 2024
Page 47
MR. SAADEH: Yeah. We have no objection to that. If
you're referring to Live Local, Commissioner, this predates that by a
few years. So we have no intention of doing residential.
COMMISSIONER McDANIEL: I understand. You've shared
that with me that you have no intention of it, but someday you might
not be here. Somebody would buy this piece of property and --
MR. SAADEH: I hope to be here for a while.
COMMISSIONER McDANIEL: Yeah. Well, we hope you're
here for a long time, sir, but I just -- I would like -- I would like to
have --
MR. SAADEH: No objection.
COMMISSIONER McDANIEL: I would like to have that
language inserted into the PUD --
MR. SAADEH: I have no objection to that.
COMMISSIONER McDANIEL: -- just to prohibit that.
COMMISSIONER SAUNDERS: Mr. Chairman, could I get a
little clarification? I'm not -- Commissioner McDaniel, you're
looking for a prohibition. Is that what --
COMMISSIONER McDANIEL: Correct, prohibitive
language.
COMMISSIONER SAUNDERS: And I'm wondering if that
would have to be more of a deed restriction as opposed to a PUD
item.
COMMISSIONER McDANIEL: Either way, however it can be
accomplished, whether it be a deed restriction --
COMMISSIONER SAUNDERS: A deed restriction's hard to
change. A PUD is relatively easy to change.
MR. TEACH: Commissioners, I'm going to ask Heidi Ashton
to come up here. She provides counsel to the Planning Commission
and has a couple decades of experience with growth management to
address how we could accomplish what you're addressing right now.
March 26, 2024
Page 48
MS. ASHTON-CICKO: Good morning. I'm Heidi Ashton,
Managing Assistant County Attorney, Horseshoe office.
There are two options. You could do a deed restriction in favor
of the county, but I think that you would probably want something to
allow the Board to make a change in the future because 30, 50 years
down the road, there might be different needs in that area, or you
could put a prohibition in the PUD. I think either way would really
work. I just would like clarification on what you mean by
"high-density residential."
CHAIRMAN HALL: Do you want to answer the high-density
question?
COMMISSIONER McDANIEL: Well, the high density would
be comparative -- comparative use for the conversion that's by right
for the Live Local Act. And so -- and if -- we can do both. I'd be
happy with both. I want -- I would like to have as much prohibition
on the conversion to high density as is possible. So if we can -- and
if Commissioner Saunders agrees -- I originally suggested a deed
restriction, because that's more prohibitive and considerably harder to
overturn. But someone -- in my discussions -- I think we discussed
yesterday about language specifically in the PUD. So either way is
fine.
COMMISSIONER SAUNDERS: Well, let me throw
something out. This is a question for the County Attorney. We can
pass an ordinance that says X, which is what the PUD would be, just
a simple ordinance. But the Live Local Act, I think, trumps our
ordinances and our land use and our zoning. So my gut feeling is we
can say in the PUD you can't do X, but that's not going to prohibit
someone from complying with Live Local. That trumps --
COMMISSIONER McDANIEL: I just used that as an
example.
COMMISSIONER SAUNDERS: Oh, no. It's a good
March 26, 2024
Page 49
example. But I'm saying -- that's why I was thinking a deed
restriction, because I agree, I wouldn't want to see 350
units -- apartment units there.
COMMISSIONER McDANIEL: Right. So deed restriction's
fine. And if the applicant will sit still for a deed restriction in that
regard, then -- and do we have to have specific density or language
with regard to high density?
MS. ASHTON-CICKO: I can work that out with the applicant
as to the number. But I guess you're probably looking at 16 units an
acre or over, which is the conversion that's allowed, I believe, in the
GMP currently.
COMMISSIONER McDANIEL: If we can keep away from a
specific trigger that would allow the conversion at all just not to be
converted to high-density residential -- if they wanted to tear down
the buildings and build three houses and that was conducive, that's
something that could be given consideration to. I'm just talking
about apartments.
MS. ASHTON-CICKO: Oh, apartment rental?
COMMISSIONER McDANIEL: Yes.
MS. ASHTON-CICKO: Okay. Also, it might give you some
comfort that the legislature did make a change to the Live Local Act,
and that will be effective, unless the Governor signs it earlier, about
May 8th. And the new regulations do tie the eligibility of Live
Local to our land development regulations. So that would provide
some further limitation. But there is a window where --
COMMISSIONER McDANIEL: There is a window.
MS. ASHTON-CICKO: -- developers can elect to use the old
rules.
COMMISSIONER McDANIEL: And I'm okay with -- I don't
want it to be ambiguous, but the applicant's okay with the language of
a deed restriction and high density and that prohibition. I'd be
March 26, 2024
Page 50
satisfied with that.
MR. MULHERE: May I?
COMMISSIONER McDANIEL: Sure.
MR. MULHERE: I'd be happy to work with Heidi. I think it's
something along the lines of residential density above that allowed by
the current Estates zoning. Three units is prohibited, and the
applicant shall establish a deed restriction in favor of Collier County
with this limitation.
COMMISSIONER SAUNDERS: That would be perfect.
MS. ASHTON-CICKO: And you would want a timing, 30
days of ordinance approval, or what timing would work?
MR. MULHERE: How much do you think you need? You've
got to get your attorney to do that.
MR. SAADEH: Yeah. I mean, whatever practical. I mean,
we still have to go do the site improvement work. That's going to be
a few months to just run the pipes and dig the pond and all that. So
we have time before the swap is official, so...
MR. MULHERE: I would just say maybe a little more time,
maybe 90 days.
MS. ASHTON-CICKO: Ninety days, okay.
COMMISSIONER McDANIEL: That's fine.
MS. ASHTON-CICKO: We'll put that in.
COMMISSIONER McDANIEL: I'm fine with that.
CHAIRMAN HALL: Commissioner Kowal.
COMMISSIONER KOWAL: Well, it kind of answered some
of my questions with that, Commissioner McDaniel. The other one
was I was just trying to do the math, what was left. I knew the
125,000, 80 of that is part of that large number, 125.
MR. SAADEH: If it's not, if it may not happen.
COMMISSIONER KOWAL: No, I know. I'm just saying, so
what is left outside of that particular part that is still developable, I
March 26, 2024
Page 51
guess, for these other items, these 30, 40 items that we saw in front of
us?
MR. MULHERE: Let me just get something that's a little -- so
looking at the PUD here, if there was a market for self-storage and
you consumed the 80,000 square feet, we probably would locate that
somewhere in the -- in the rear of the property, because the exposure
to Immokalee Road, the visibility, would lend itself towards other
uses. That would create a buffer to the residential because it's very
low traffic, no noise, no light, no odors, and then anything else that
might go in would likely be along the frontage.
COMMISSIONER KOWAL: Frontage, okay.
MR. MULHERE: And, you know, it's up to an additional
45,000 square feet of neighborhood commercial-type uses.
COMMISSIONER KOWAL: Thank you.
CHAIRMAN HALL: Commissioner Saunders, go ahead.
COMMISSIONER SAUNDERS: Mr. Mulhere --
MR. MULHERE: Yes.
COMMISSIONER SAUNDERS: -- I just noticed that there's
another -- there's a third access point.
MR. MULHERE: That is in the future. And I think that
was -- I'm assuming that was requested by staff, but that is a --
MR. SAADEH: It was.
MR. MULHERE: That is a potential connection -- it says
"potential future interconnection" -- depending on what happens on
the adjacent parcel.
COMMISSIONER SAUNDERS: Okay. What roadway is
that?
MR. MULHERE: There's no roadway there. That's another.
Here, let me get to my very bad exhibit of where the wall would go,
because I do need to mention that the wall would stop here since this
is the parcel where the connection is. So I overextended the wall
March 26, 2024
Page 52
inadvertently. But here's where that connection is, Commissioner
Saunders, and then further to the west is Wilson. So just -- and let
me get to something that can show a little bit more. Here's Wilson,
and we're talking right here and this parcel right here.
COMMISSIONER SAUNDERS: And that's a residential
parcel?
MR. MULHERE: It is. It's Golden Gate Estates zoned.
COMMISSIONER SAUNDERS: So the expectation for
having that is that would become commercial as well so there would
be commercials between the two --
MR. MULHERE: In the event -- I think staff wanted it, in the
event it did go commercial, to have an interconnection, which would
be of a beneficial traffic design.
COMMISSIONER SAUNDERS: Well, that's part of the
concern.
MR. MULHERE: We don't know what somebody else might
do.
COMMISSIONER SAUNDERS: No, I understand, but that's
part of my concern that I've had is -- and the speaker that was
opposed to this said this. You approve this here, and then the next
lot becomes commercial as well, and you've got on your diagram a
connection that anticipates that, and that concerns me.
MS. SCOTT: If I may, Trinity Scott, Transportation
Management Services Department head.
Sir, we asked for this because this is your only opportunity to
have this as a potential interconnection. So that parcel adjacent
could get redeveloped -- or it could be developed in the future. I
don't know what it would be. But even if it's a residential home,
they may want to partake in what is occurring, whether it's a
restaurant or whatever, and they would also have that -- be able to
have that interconnection where they could go. They could gate it in
March 26, 2024
Page 53
the future and be able to come back and never have to get on
Immokalee Road so -- depending on how it may develop. We're not
forcing the interconnection today, but this is your only opportunity to
have an interconnection on this parcel.
COMMISSIONER SAUNDERS: I'm not so sure I would agree
with that.
MS. SCOTT: They would have to come back for an PUD
amendment in the future which, I can tell you from my experience
here, is very difficult to say -- if this parcel was completely built out,
I have no hammer to require someone to come back in to amend that
PUD. So we put this as a potential. If the adjacent land use is not
compatible in the future, we would not exercise that. But not
knowing what the future is -- holds, we try to do that -- Immokalee
Road is one of our most important roadways being able to have
interconnections. Minimizing driveway cuts is very important to us
to maintain the capacity of that roadway.
COMMISSIONER SAUNDERS: All right.
CHAIRMAN HALL: And I understand that, but it doesn't
just -- it doesn't guarantee commercial crawl. It's just a big "what
if."
MS. SCOTT: If does not. It just allows you to have a seat at
the table should something occur at that adjacent parcel.
CHAIRMAN HALL: Thanks, Ms. Scott.
Commissioner McDaniel.
COMMISSIONER McDANIEL: Yeah. And just this one
point, as far as the traffic generation goes, Commissioner Saunders,
you mentioned that earlier on. I actually -- I perceive this as more of
a collector for local traffic and services for the -- for the immediate
community as opposed to a drawer, a draw of traffic, so...
CHAIRMAN HALL: Do you want to make a motion?
COMMISSIONER McDANIEL: And with that -- as long as
March 26, 2024
Page 54
we're okay, County Attorney, with the language on the deed
restriction/PUD, I'll make a motion for approval with that -- with that
adjustment.
COMMISSIONER KOWAL: I'll second it.
CHAIRMAN HALL: All right. We've got a motion by
Commissioner McDaniel, second by Commissioner LoCastro. All
in favor, with the adjusted language, 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: Motion passes.
MR. SAADEH: Thank you, gentlemen. Have a good day.
CHAIRMAN HALL: Court reporter break.
MS. PATTERSON: Yes, sir, court reporter break.
CHAIRMAN HALL: Good. It's 10:37. Let's come back at
10:45.
(A brief recess was had from 10:37 a.m. to 10:45 a.m.)
MS. PATTERSON: Chair, you have a live mic.
CHAIRMAN HALL: All right. That brings us to?
Item #9C
ORDINANCE 2024-16: A REZONING ORDINANCE
FOR GENESIS CPUD TO ALLOW UP TO 65,000 SQUARE FEET
OF GROSS FLOOR AREA OF COMMERCIAL USES ON 10.51±
ACRES OF PROPERTY LOCATED IN THE NORTHWEST
QUADRANT OF THE INTERSECTION OF PINE RIDGE ROAD
March 26, 2024
Page 55
AND I-75, IN SECTION 7, TOWNSHIP 49 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA. (PL20220004304)
(DISTRICT 2) - MOTION TO APPROVE BY COMMISSIONER
MCDANIEL; SECONDED BY COMMISSIONER HALL –
ADOPTED
MS. PATTERSON: That brings us to Item 9.C. This item
requires that commission members provide ex parte disclosure, and
all participants are required to be sworn in.
This is a recommendation to approve a rezoning ordinance for
Genesis CPUD to allow up to 65,000 square feet of gross floor area
of commercial uses on 10.51 plus/minus acres of property located in
the northwest quadrant of the intersection of Pine Ridge Road and
I-75 in Section 7, Township 49 South, Range 26 East, Collier
County, Florida.
Commissioners, start with ex parte.
CHAIRMAN HALL: I have meetings and e-mails on 9.C.
Commissioner Kowal.
COMMISSIONER KOWAL: I'll try this again. 9.C, I have
meetings and e-mails.
CHAIRMAN HALL: Commissioner LoCastro.
COMMISSIONER LoCASTRO: I have e-mails on 9.C.
CHAIRMAN HALL: Commissioner Saunders.
COMMISSIONER SAUNDERS: So we're finally on 9.C?
CHAIRMAN HALL: Yes.
MS. PATTERSON: Yes.
COMMISSIONER SAUNDERS: I've got some e-mails and
meetings.
CHAIRMAN HALL: E-mails and meetings.
And Commissioner McDaniel.
COMMISSIONER McDANIEL: And then I have as well, 9.C,
March 26, 2024
Page 56
meetings.
MS. PATTERSON: All right. We need all participants to
stand up and sworn in by the court reporter.
THE COURT REPORTER: Do you swear or affirm the
testimony you will give will be the truth, the whole truth, and nothing
but the truth?
(The speakers were duly sworn and indicated in the affirmative.)
COMMISSIONER McDANIEL: I want the record to reflect
that Garrett put his hand over his heart; didn't raise his hand.
CHAIRMAN HALL: He was pledging.
COMMISSIONER KOWAL: Pledge of allegiance to the
swearing.
MS. PATTERSON: Mr. Yovanovich.
MR. YOVANOVICH: Thank you.
For the record, Rich Yovanovich on behalf of the applicant.
Commissioner LoCastro, just to have you update your
disclosures, you and I did --
COMMISSIONER LoCASTRO: Yeah, as you walked up to
the podium, I was like "Yeah, we did speak yesterday." So I actually
had one meeting on 9.C, brief.
MR. YOVANOVICH: This project, as in your packet and as
we met one-on-one, is for a car dealership on property within an
activity center. We would have been on the summary agenda
because there was no neighborhood opposition. Staff was
recommending approval, and we had a unanimous approval from
the -- recommendation of approval from the Planning Commission.
You did receive a letter of objection from Mr. Beyrent, who is
opposed to an access agreement that was entered into by all of the
property owners which would allow this parcel to construct a
frontage road across this parcel and then ultimately connect up to
Kramer Drive. My client also owns this parcel. The only parcel he
March 26, 2024
Page 57
doesn't own is this one in the middle.
There is a settlement agreement and a cross-access agreement
signed by the property that Mr. Beyrent is claiming he has an
ownership interest in and is now opposed to the project.
I could go into a much greater detailed presentation; however,
since we would have been on the summary agenda, if the Board
prefers, we can just have Mr. Beyrent come up and raise whatever
issues he wants to raise, and I can discuss those issues, or I can do a
full presentation. It's at the pleasure of the Planning Commission -- I
mean, the Board of County Commissioners.
CHAIRMAN HALL: Let's hear the objection.
MR. MILLER: Mr. Beyrent, yeah, do you want to come up?
MR. BEYRENT: For the record, right now, that isn't the
process, okay. I want --
MR. MILLER: You need to come on microphone, sir.
MR. BEYRENT: For the record, Garrett F.X. Beyrent, okay.
I own the property adjacent to Mr. Zeller, okay. That property
is one of six tracts that I filed criminal charges against my own
in-laws for something they did many years ago, and until the death of
my brother-in-law, when I was handed Zeller's package two weeks
ago, which I gave to the County Manager -- and if you look at
Page 35, that's when I realized they were chopping more and more
off of my little piece of property.
And I only had five acres. And like an idiot, I admitted that I
did an idiotic thing. I actually talked to Kathleen Passidomo about
using my property under her new "live where you work" concept
whereby that 5-acre tract would have two six-story buildings on it.
The problem is -- and I'm looking right at Burt Saunders because
years ago when Burt was a state representative, he had problems with
all of these easements out in Golden Gate Estates, and using his left
or right hand, he magically vacated all the easements through a
March 26, 2024
Page 58
process that Jeff Klatzkow told me was not actually legal.
So I said, I've got peripheral -- I know it's a long time ago, Burt.
And if I got to do the actual presentation I did on this in 1987 -- I
brought in Dudley Goodlette, everybody -- four of the five
commissioners were indicted for bribery. Do you remember that?
Only one commissioner was not taking bribes, okay?
COMMISSIONER SAUNDERS: Just for the record, I was not
on the Commission when they were indicted for bribery.
MR. BEYRENT: I know. That's why I said you weren't --
COMMISSIONER SAUNDERS: So just --
MR. BEYRENT: No, no, no, he wasn't. It gets -- three
minutes. How can you explain -- 1987, it was so ridiculous that I
got -- when -- Dudley Goodlette was my attorney and Hess was my
end-user for a gas station, I got up right there and got on my knees
and begged for my gas station, because Bob Hard told me, "Hey, if
you want to do this, you're going to have to take care of those guys."
I said, "Well, how about if I just beg?" And he walked out the
door, and they gave him a gas station -- actually, they gave him
several gas stations on Immokalee Road on his property, so -- and
God bless the man. I'm sure he's in heaven in Australia somewhere.
But in any case, getting back to the Zeller thing, if you look at
the Page 35 that I gave to the County Manager, it will show that I've
already had a big chunk taken out of my property by proposed
off-ramp needs of the county.
And I was enlightened even more when I just met -- right here.
I've got a plan. If I had this thing lit up, it might save a lot of
trouble.
But I was never notified legally of any of this stuff. But this
plan shows I-75, okay. This is what they call a plan for a diverging
diamond design. I had never heard of this. This is a plan that was
used in Sarasota where they have two more roads creating a diamond
March 26, 2024
Page 59
right across the interstate. And I'll show it to you when they get up
and do it.
I want to see what their presentation is so I can not object to his
plan. There's problems that have to do with traffic. And I'm just as
guilty. Actually, I am more guilty than anybody else relative to
condominiums and cars. Twenty-six thousand cars are on the road
outside of this building because of projects that I proposed and
developed on different family levels, so that's it.
Now, I'd like to hear what Mr. Zeller's attorney, who is not my
attorney now, but periodically he pops in and out of representing
different people on the same or similar projects. It gets very
confusing, you know, when you don't know who is suing you, okay.
That's it. That's the whole nine yards. Any questions?
CHAIRMAN HALL: No thanks.
Mr. Yovanovich, could you just explain to us where the access
is?
MR. YOVANOVICH: Sure. I think what Mr. Beyrent was
talking about, in the old Golden Gate Estate days, they had bisecting
and perimeter easements, which is where this arrow is. This would
be the bisecting easement that would have brought traffic across all
of these parcels, connect with Kramer, and then, ultimately, get you
to the traffic signal.
What we have is we have a cross-access easement across -- this
would be Mr. Beyrent's parcel, here's the easement we agreed to, and
this is the parcel, I'm sorry, that my client also owns, and then
ultimately to connect to the existing Kramer Drive to get to Pine
Ridge Road.
That's -- the purpose of the settlement agreement was to
eliminate this bisecting easement on the parcel that Mr. Beyrent's
claiming he somehow has an ownership interest.
All I know is the owner of this parcel signed a cross-access
March 26, 2024
Page 60
easement for access to be moved to the south of the property, and
then the south of this property so that you have probably a better
development pad under the scenario for Mr. Beyrent's family's parcel,
or whoever owns that parcel.
MR. BEYRENT: Oh, okay. Whoever owns the parcel. I
love that when he doesn't tell you who signed a document on my
property. I would like to know that, because I have no idea.
MR. YOVANOVICH: I will -- I will tell you who signed the
document --
MR. BEYRENT: Okay, good.
MR. YOVANOVICH: -- because I have it right here. Okay.
Give me two seconds to wake up my iPad.
CHAIRMAN HALL: While he's looking, Commissioner
McDaniel.
COMMISSIONER McDANIEL: Well, that was going to be
my question is to who effectuated the document in the first place. Is
there a -- is there -- and maybe it's a question of staff. Is there a
valid cross-easement agreement in place?
MR. YOVANOVICH: The answer is yes, there is. I provided
it to staff. It was signed by Teryl H. --
MR. BEYRENT: Teryl H., that's my ex-wife. We own the
property --
MR. YOVANOVICH: -- Brzeski --
MR. BEYRENT: -- together, okay?
MR. YOVANOVICH: -- as trustee of the land trust that owns
the property. So, yes, and it's been provided to county staff.
MR. BEYRENT: See, there it is, that old law. It's a trust
whereby, in my divorce, we got the property 50/50, okay. Now,
whatever she was signing to, I don't even know because I'm never
informed of anything. And the blueprints I got that were handed to
me that I gave to Amy, this 35 pages -- when my daughter handed me
March 26, 2024
Page 61
the blueprint, she said, "Sam is dead."
Now, Sam was also her parrot. I said, "Your parrot's dead?"
"No, your brother-in-law's dead." That's -- Samuel Hubschman
died two weeks ago. It wasn't in the newspaper. He was the
president of our company, and I sued him two weeks before,
basically, under the new criminal fraud relative to trust
manipulations.
They would sell properties when they needed it to put -- like in
your giant cement problem at the corner of Santa Barbara and Davis
Boulevard, which next week I'm filing a suit against my
brother-in-law for $32 million that was misappropriated from other
PUDs. I had six of them altogether that I created.
So this is -- what we're walking into is a shit storm of, like,
easements. And the biggest problem -- I'm telling you
something -- is the traffic, okay. And when you think you can build
something, if you don't build it -- I got this approved in 1987. I've
been battling with all the neighbors who are figuring, "Hey, give me
a million dollars. I'll let you go through the middle of what is legally
or not an easement."
But in any case, this is -- this is -- the whole idea of this
diverging triangle -- and I'm looking at it. I'd love to put it on the
scope, because when Mike Bosi says, "This is what it looks
like" -- and, basically, Jaime Cook said exactly the same thing.
They drew a line across Pine Ridge Road across the ramps of
both the north- and southbound I-75 and came back out again. I'm
looking at it. I said, "Wow, it looks like spaghetti."
But it's not -- I don't know if it's elevated. I don't believe it is.
But I'd really like to see an explanation of what is the plan, the
long-range plan that's going to occur there relative to I-75.
They've already taken about -- somewhere around $3 million
worth of my property just in additional off-ramp designs. But it's
March 26, 2024
Page 62
now askewed by the fact that my property's going to be in litigation
for I have no idea how long. I just started this thing under the new
law where it actually is a criminal offense for you to manipulate a
trust for your own financial benefit even if it's long-range.
And right now, as of this today, I learned that all the cement
that's been crunched up on Santa Barbara and Davis that my
ex-brother-in-law is attempting to charge it to the dead Bobby
Cadenhead sons -- they were supposed to be paying for all that
crunching up that Burt wanted, which was a great idea. And most of
that cement out there is just old buildings from downtown Naples or
stuff that was illegally hauled out of Bonita, our mine in Bonita.
Thank you.
CHAIRMAN HALL: Mr. Beyrent.
MR. BEYRENT: Yes.
CHAIRMAN HALL: We're trying to focus here on this
Genesis --
MR. BEYRENT: That's a great idea. Go right ahead. I'll just
sit there, and I'll get up and speak wherever you're all done showing
me what I already know, okay?
CHAIRMAN HALL: Commissioner McDaniel.
MR. BEYRENT: Thank you.
COMMISSIONER McDANIEL: Well, I had a question for
Garrett.
MR. BEYRENT: Thank you.
COMMISSIONER McDANIEL: Look at the map that's up
there on the wall. You understand that this cross-access easement is
not the old easement that Commissioner Saunders waived both hands
and made go away a long time ago?
MR. BEYRENT: That little --
COMMISSIONER McDANIEL: But you know that that
easement, that --
March 26, 2024
Page 63
MR. BEYRENT: That arrow is.
COMMISSIONER McDANIEL: Garrett?
MR. MILLER: Garrett? Garret? We can only have one
talking at a time.
MR. BEYRENT: Oh, I'm sorry. Sorry, Terri.
COMMISSIONER McDANIEL: Look at me. Garrett?
Garrett?
MR. BEYRENT: Yes.
COMMISSIONER McDANIEL: Right here. Okay.
MR. BEYRENT: Gotcha.
COMMISSIONER McDANIEL: The easement that goes
across whoever -- whether you own it or the trust or whoever owns it,
that easement's not being utilized, and there is -- who changed the
screen?
MR. YOVANOVICH: I'm sorry. I was going to show you the
actual master plan to show you it's gone.
COMMISSIONER McDANIEL: I was making a point --
MR. YOVANOVICH: I'll go back. Sorry.
COMMISSIONER McDANIEL: Thank you. Right
there -- that the original easements that bisected all of the Golden
Gate Estates lots, Garrett, went away a long time ago.
MR. BEYRENT: Well, you might want to talk to Jeff
Klatzkow about that because --
COMMISSIONER McDANIEL: I have. And somebody
has -- someone has executed a valid cross-access agreement where
it's -- where the arrow shows proposed access now. And my
understanding is the improvements for the diverging diamond at Pine
Ridge Road will not require any additional right-of-way from
these -- from these pieces, so --
MR. BEYRENT: That would great, but that isn't what I'm
hearing. That's one of possible proposals. There's supposed to be
March 26, 2024
Page 64
another three northbound lanes at Pine Ridge Road heading north on
Pine Ridge Road. So I don't know where they're going to get the
stuff from other than they've been taking chunks out of me. They've
already taken and not built anything on the first two takings, which
you will see on the bigger blueprint that Mr. Yovanovich has got
there.
COMMISSIONER McDANIEL: We're done. We're done
with that.
MR. BEYRENT: Okay.
CHAIRMAN HALL: Pine Ridge can only go east and west.
COMMISSIONER McDANIEL: Correct.
MR. BEYRENT: Correct. Till you see those two spaghetti
things. I'll show you when I get over to the other side, the dark side.
Wooo.
MR. YOVANOVICH: I don't really know if I'm supposed to
talk yet or not.
CHAIRMAN HALL: Go ahead. Go ahead, Mr. Yovanovich.
COMMISSIONER KOWAL: We're going to talk about this
slide there.
MR. YOVANOVICH: Okay. This is -- this is the actual PUD
master plan that shows you that the access is along the southern
perimeter of the boundary. The litigation that was settled was
actually litigation over our using the bisecting easement so -- because
we had no other way to go until we entered into this settlement
agreement. So it's been settled.
Okay. Is that the one that -- the new easement?
MS. ASHTON-CICKO: Yeah.
MR. YOVANOVICH: Heidi just pointed out to me, although I
probably still can't read it, the easement is recorded in OR Book
6333, Page 3491, of the Official Records. The settlement
cross-access easement is in place.
March 26, 2024
Page 65
MR. BEYRENT: What was the date on it?
MR. YOVANOVICH: It was actually executed by Ms. Brzeski
on February 12th, 2024.
MR. BEYRENT: All right. See that? Just a few months ago,
right? That's what I -- people do stuff, and I don't look at what's
recorded because I don't get any mail relative to my own properties.
My trustees are my biggest enemy. That's true. I mean, it's sad but
true.
CHAIRMAN HALL: The way I look at that, that's going to be
a civil matter between you --
MR. BEYRENT: Yes, thank you. It is, yes.
MR. YOVANOVICH: So with that, we're requesting that the
Board of County Commissioners approve our requested rezone of the
property consistent with staff's recommendation of approval and the
Planning Commission's recommendation of approval.
CHAIRMAN HALL: Commissioner Saunders.
COMMISSIONER SAUNDERS: Thank you.
And, actually, I was going to comment that we can't really ferret
out these legal issues. That's for a higher authority to deal with.
And I know Mr. Beyrent is utilizing the courts.
But I just wanted to make sure -- and maybe Trinity can
just -- you don't need to come up here. Just -- maybe if you'll just let
me know by saying -- you know, raising your hand that in terms of
the diverging diamond, all that intersection improvement that's going
to be going there, you have enough room, and this doesn't really
interfere with all of that.
MS. SCOTT: (Nods head.)
COMMISSIONER SAUNDERS: Okay. So I just wanted to
make sure that that was clear.
And, Mr. Beyrent, you're in court, so I think that's where you're
going to have to ferret these issues.
March 26, 2024
Page 66
MR. BEYRENT: Well, I actually wanted to see what a
divergent diamond looks like, and Trinity's crew told me -- Mike
Bosi said, "You've got to go up to Sarasota." There's one, and that's
the only one they're familiar with where it has a --
COMMISSIONER SAUNDERS: They're building one in Fort
Myers.
MR. BEYRENT: -- diverging diamond design. I had never
even heard of these. I'm used to them taking the front of mine,
because there's more people coming off the interstate right there that
are coming onto Pine Ridge Road off on the interstate. And as we
know, they're coming down, and that's the road they get off of.
Usually it was Immokalee Road, which got a lot of the expansion
there. But now it's just -- they're cutting little pieces off us as
they -- as they improve or add more traffic problems to Collier
County. That's basically it.
CHAIRMAN HALL: Mr. Beyrent, I can suggest Google Maps
will be a friend to you.
MR. BEYRENT: No, I already did that. I never heard of
this -- I wasn't looking for something I didn't know. Google's great,
but when you don't know what -- a divergent design plan, I'm saying,
"What is that?" It's like it to get off the interstate or get on the
interstate? And why does it -- the plan I'll show you -- and if I light
it up over there, that was just given to me -- I always go to Mike Bosi
because Mike knows stuff that nobody else knows. He's got -- he's
very well educated in everything, specifically related now to this
divergent design plan, and he actually -- Jaime Cook drew a little
plan. I want to show it to you, because I'm there like, "Wow, how
did they do that without elevating one of the lanes?"
So we'll -- when I get up to complain later -- when I go sit down
and I come up as the process goes, they show the plan, and then we
get up and object, when we see something -- like I didn't know the
March 26, 2024
Page 67
building was as big as a Walmart. I said, "Whoa. That's a little
piece of land for a Walmart."
And then the people on the north end, that's Livingston Woods
Lane. I thought, man, they would be here complaining about
everything like normally people do, right? I've been spending my
life like that.
But in any case, I'll go sit down, and when I get up, I'll show you
this plan that was drawn about an hour ago. Thank you.
COMMISSIONER McDANIEL: There's no more getting up.
CHAIRMAN HALL: Commissioner McDaniel.
COMMISSIONER McDANIEL: I'm going to make a motion
for approval.
CHAIRMAN HALL: I'm going to second it.
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. YOVANOVICH: Thank you.
MR. BEYRENT: Thank you.
Item #9D
ORDINANCE 2024-17: AN ORDINANCE AMENDING
ORDINANCE NO. 2002-63, WHICH ESTABLISHED THE
CONSERVATION COLLIER PROGRAM. (ALL DISTRICTS) -
MOTION TO INCORPORATE THE LANGUAGE THAT
AMENDS SECTION 4 BY COMMISSIONER SAUNDERS;
March 26, 2024
Page 68
SECONDED BY COMMISSIONER MCDANIEL – APPROVED ;
MOTION TO INCORPORATE THE LANGUAGE PRESENTED
THAT AMENDS SECTION 6 BY COMMISSIONER SAUNDERS;
MOTION FAILED FOR LACK OF A SECOND; MOTION TO
INCORPORATE SECTION 6 UPDATED LANGUAGE BY
COMMISSIONER HALL; SECONDED BY COMMISSIONER
MCDANIEL – APPROVED ; MOTION TO APPROVED
ORDINANCE AS AMENDED BY COMMISSIONER
MCDANIEL; SECONDED BY COMMISSIONER SAUNDERS –
ADOPTED
MS. PATTERSON: Commissioners, that brings us to Item 9.D.
This is a recommendation to adopt an ordinance amending Ordinance
No. 2002-63, which established the Conservation Collier program.
Mr. Jamie French, your department head from Community
Development/Growth Management, will begin the presentation.
MR. FRENCH: Good morning, Commissioners. For the
record, I'm Jamie French.
Commissioners, this item is being brought back to you by your
direction with all of the changes that have been provided. They've
been provided to you in your packages. I know you've received
some additional e-mails.
Commissioner Kowal, one of the things that you had asked us to
do was perhaps better define our waiting criteria because we were so
crunched on time with the resolution -- I'm sorry -- with the
ordinance to meet that advertising deadline that was directed by the
Board. We'll be bringing that back to you by resolution.
Currently, there is a current staff process, but the
waiting -- we're going to try to simplify the waiting so that -- where
it's maybe an A-, B-, C-, or D-type waiting so then the Board can
actually reflect that.
March 26, 2024
Page 69
And we're available for any questions. Ms. Cook is here. I
think Mr. Finn is also here to talk about any of the budget criteria that
you may have.
CHAIRMAN HALL: So there's no other changes other than
what we talked about the other day?
MR. FRENCH: It's exactly what you -- what you asked for.
CHAIRMAN HALL: I'll make a motion to approve.
COMMISSIONER McDANIEL: Well, we've got public
comment.
CHAIRMAN HALL: Okay.
MR. MILLER: Sorry, sir. I was late on the button.
We have three registered speakers for this item. Your first
speaker is Brad Cornell. He will be followed by Gordon Brumwell.
Oh, Brad, give me just a minute. I'll get your thing ready; I'm
sorry.
MR. CORNELL: Great. Good morning, Commissioners.
Brad Cornell on behalf of Audubon Western Everglades and
Audubon Florida. Thank you for the opportunity to address you
about the ordinance.
Let's see. There we go.
So Audubon fully supports the several ordinance revisions you
discussed at your March 12th meeting which accelerate land
acquisition. Your discussion then was very constructive. We,
however, do have a small but important refinement to the single
policy on diversion of program funds. And I'll just note that as you
look at the text we're going to show you, the Audubon
recommendations are in red.
Audubon recommends better defining emergencies as those
officially declared by local, state, and federal authorities. Also, it
would be best to define the replacement time frame as "promptly" in
order to assure program obligations, especially land management, are
March 26, 2024
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met.
And so the way we would recommend the last paragraph of this
introductory Section 6 is, "At the direction of the Board, funds may
be transferred between the two funds. In the event of an emergency
as determined by local, state, or federal official declarations, funds
may be withdrawn provided all such diverted funds shall be replaced
promptly to assure program obligations, including land management,
are met."
We also believe it's especially important to replace the
$38 million that you plan to divert from the Management Trust Fund
this Fiscal Year '24 to assure long-term management capability from
the interest generated. Best would be not to divert that money at all.
But should that happen this fiscal year, that would be very important
to get those management funds back.
Audubon also recommends revising the conservation easement
text. And so this is in Section 8, No. 4, any easements purchased
should be permanent and consistent with Conservation Collier criteria
and objectives. You should not require agriculture or a single-family
development on such easements -- of course, that can be components
of negotiation -- but not needed on every -- or required for every
easement.
Also, on the TDR credits, you should allow credits to be
retained for future use rather than entitling development immediately,
which is the way it's currently worded.
So on that one paragraph, 4A, it would read, "The property will
retain those development rights as negotiated by the parties and
assuring a permanent conservation benefit consistent with
Conservation Collier program criteria and objectives." So we
believe that's what you want out of a conservation easement that you
would purchase, and that would be the best use of public funds in
buying a conservation easement.
March 26, 2024
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So that's all the recommendations we have. We recommend
you make those changes and move the changes you had directed back
on March 12th. We believe those are strong for accelerating the
program, land acquisition, and making this more efficient.
Thank you very much for that constructive discussion, and
happy to answer any questions you may have on these recommended
changes.
CHAIRMAN HALL: Commissioner McDaniel.
COMMISSIONER McDANIEL: If you would go back
two -- three slides to the language with regard to the declaration of
emergency, I just want to re -- that's the first that I've actually gotten
to have a look at this.
Okay. That's under Section 6, gotcha.
MR. CORNELL: Yeah. Right at the top of Section 6.
COMMISSIONER McDANIEL: Thank you.
And I thank you, Brad, for your recommendations and
assistance with this. It's just been huge.
MR. CORNELL: You're welcome.
CHAIRMAN HALL: Commissioner Saunders.
COMMISSIONER SAUNDERS: Thank you, Mr. Chairman.
The environmental folks that have been very familiar with this
program over -- since its inception have asked for what I would
summarize as three different changes. And I'd like to make a motion
to have the language -- as recommended by Brad Cornell in those
three sections, the emergency declaration, the easement language,
and the TDR credit language, I'd like to make a motion that we
incorporate that language in this -- in this ordinance.
COMMISSIONER McDANIEL: Mr. Chair, we're in the
middle of public speaking. Brad was our first speaker. I think
there's a total of three.
COMMISSIONER SAUNDERS: Well, I'll withdraw that
March 26, 2024
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motion until we get -- I'm sorry. You're right.
COMMISSIONER McDANIEL: Okay.
MR. CORNELL: Thank you very much.
MR. MILLER: Your next public speaker is Gordon Brumwell.
He'll be followed on Zoom by Gaylene Vasaturo.
MR. BRUMWELL: Hi. Gordon Brumwell, Ph.D. in biology,
from District 4. Thanks for hearing us today.
Our vision on your web page is to be the best community in
America in which to live, work, and play.
Two weeks ago, it became clear we, the people, think accessible
green space is necessary to be a great place.
Early Conservation Collier votes, Parks and Rec's 2018 survey,
2020's East Naples Community Development Plan, the Conservation
Collier vote in '20, and the recent community survey showing
prioritization of the environment having roughly doubled in five
years, green space is key.
So let's assess how we're doing. On the left, in the black
border, the green dots within an X are about an acre each only.
There's a preserve to the southeast, and maybe I missed one or two.
I'm an amateur mapper. But compared to the many green dots
outside that border, the border outlines a 30,000-plus-acre green
space desert. Heck, many people outside on the desert can walk to
multiple spots.
Well, how do we compare to elsewhere? On the right, we see
our desert would not fit anywhere over greater Chicago without
encompassing many small, medium, and large preserves or
greenways that literally stretch for miles.
Next, please.
Consider Monroe County and the Poconos. You know, a
vacay-oriented place like us, conserved space green all over the
place, and many trails and greenways and more planned. Even other
March 26, 2024
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Floridians are doing it.
Next, please.
This part of the Town of Malabar shows sanctuaries, green,
integrated with residential, and they have separated paths.
Conservation Collier can help us be a great place. So it is great,
the process has been sped and easements can play a role, but we need
available deep reserves for unexpected conservation opportunities.
So please align the definition of an emergency with county, state, or
federal definitions so the funds are available for conservation the vast
majority of the time but also for emergencies but are also promptly
restored.
Please adjust the easement language so easements meet strict
conservation goals and will be as permanent as land bought outright.
Finally, please restore any monies already borrowed because we
are behind relative to the equitably spaced public land purchases that
could make Collier County a great place to live.
Thank you.
MR. MILLER: Your next and final speaker joins us on Zoom,
Gaylene Vasaturo.
Gaylene, you should be getting prompted to unmute yourself at
this point, if you'll do so at this time, Gaylene. There you -- well,
Gaylene is not unmuting.
MS. VASATURO: There I am.
CHAIRMAN HALL: There she is. Thank you, Gaylene.
You have three minutes.
MS. VASATURO: Thank you. Thank you. I don't need
three minutes, just a brief comment, and it concerns the language that
Brad Cornell addressed, the language that was added to the Section 6
concerning diversion of funds from the Conservation Collier.
The revised language that appeared in the draft for today didn't
provide some qualifiers on the diversion, but we were still -- we are
March 26, 2024
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still very concerned about that language because it didn't -- it allowed
for a lot of leeway.
I mean, in three separate referendums over a period of 18 years,
voters in Collier County overwhelmingly agreed to set aside their tax
dollars for acquiring and preserving natural land, and we -- and we
have trusted you, the Board, to be responsive to this expressed will of
the voters.
And I think that the language that Brad Cornell provided adds
some additional qualifiers that will help keep it to just -- to really an
extraordinary circumstance if you do go to find that an emergency
requires you needing those funds.
I know one -- one of your commissioners had said at the last
meeting that this was a one-time event and -- when they took the
funds out previously less -- in 2023.
And I guess -- I think, you know, if -- that being the case -- and
it truly should be an extraordinary circumstance or an emergency,
then I think Mr. Cornell's language goes towards helping to meet that
goal.
So that's it. Thank you.
MR. MILLER: That's all of your public speakers on this item.
CHAIRMAN HALL: Commissioner McDaniel.
COMMISSIONER McDANIEL: I was going to -- I had a
comment to Commissioner Saunders' original or previous motion.
I have an issue with the proposed language in Section 6 with
regard to that -- restrictions on the definition of emergency. The
premise -- the premise when we talked about this at our last meeting
allowed for that emergency to be established by this Board of County
Commissioners, the premise being that the definition of an
emergency wasn't what was up to the eye of the beholder, as a matter
of fact. So I'm not in support of the proposed language that was put
up there today with regard to Section 6.
March 26, 2024
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I'm okay with 4A with the -- I like that language with regard to
the easements and the permanency of and so on and the holding of
those. That's something that I've always wanted with regard to
Conservation Collier, that lands that were, in fact, bought have
development rights that could enure on the benefit of the county and
be, then, utilized back in for additional revenues for the Conservation
Collier program. I like that language in Section 4A, and I'm
assuming staff saw that language and is okay with those changes.
MR. FRENCH: Commissioner, we would only ask that you
consider that once the land would come into the program, it's
protected by a separate ordinance under the exceptional benefits
clause. So we -- staff did -- we took the Board's direction word for
word. And, clearly, the Board sets policy, but that language -- we
believe that that land would already be protected under the
exceptional benefits clause.
COMMISSIONER McDANIEL: So we wouldn't need
additional language with regard to the permanency and the
development rights being -- being transferable?
MR. FRENCH: Transfer of development rights, as indicated at
your last meeting by your zoning director, Mr. Bosi, we're going to
have to go back through our Growth Management Plan and adjust
that so that the -- so that we could, basically, speak with the state to
make sure that the county can participate in that. Currently, the
county does not participate in the TDRs because it is controlled by
the private market, and we monitor and control the issuing of those
TDR credits.
COMMISSIONER McDANIEL: I understand.
MR. FRENCH: So, yes, sir, that -- that needs to come back
anyway, and that's our intention is to bring that back.
COMMISSIONER McDANIEL: So that language in
Section 4A, you're not in favor of seeing that language adjusted?
March 26, 2024
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MR. FRENCH: We believe it may be premature.
COMMISSIONER McDANIEL: Well, it certainly is
premature if we -- if we haven't effectuated an adjustment to the
GMP to allow the county to participate. That -- and I think we
already talked about moving forward with that amendment to be able
to do that, if I'm not mistaken.
MR. FRENCH: Yes, sir. And if -- and once that we've gotten
approval from the state, we would bring this ordinance back as well,
and we would adjust the language accordingly.
COMMISSIONER McDANIEL: So the presumption is that
maybe the state or someone in the -- someone in the food chain along
the way wouldn't be happy with the language that we -- that was
proposed by Brad today. It could get adjusted -- rather than doing it
twice, leave it as what you submitted to us for approval and then
make the adjustment once we get through with the GMP amendment?
MR. FRENCH: Yes, sir. And, respectfully, I believe I recall it
correctly, is that that is something that we discussed at the last Board
meeting, and we indicated that we would be bringing that back once
we could make the determination that we could -- we could
participate in the TDR credits.
COMMISSIONER McDANIEL: Sure. Could
you -- Ms. Patterson, can you pop up that language that -- I think -- I
don't know -- or, Troy, somebody -- on section -- not that one -- the
Section 4A. That one right there.
I mean, adding in the word "permanent," I think that's a good
idea for -- as far as a conservation easement goes. There's
commingling here in this section.
And, certainly, assuring the permanent conservation consistent
with the conservation program, that language, but the only one you're
really not comfortable with is the last part or private/public TDR
credit repository or --
March 26, 2024
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MR. FRENCH: Well, we believe that the language may be --
COMMISSIONER McDANIEL: Repository, not respiratory.
MR. FRENCH: Thank you, sir.
We believe that C covers that, that it's redundant language.
COMMISSIONER McDANIEL: Okay.
So are you okay with the addition of "permanent" and then the
addition of the red language in A?
MR. FRENCH: I hate to go to it, but the Board sets policy, sir.
We can -- we're fine with it, but --
COMMISSIONER McDANIEL: You say "okay." I mean, do
you find it --
MR. FRENCH: Yes, sir. We're happy to work with it, yes, sir.
COMMISSIONER LoCASTRO: Is 4A redundant, though,
similar to what you were saying in some of the other sections?
MR. FRENCH: In consulting with Ms. Cook, we believe it is,
from staff's perspective. Yeah.
CHAIRMAN HALL: Are you finished, Commissioner
McDaniel?
COMMISSIONER McDANIEL: I'm good for now. I want to
hear what the rest have to say.
CHAIRMAN HALL: Commissioner Saunders.
COMMISSIONER SAUNDERS: Thank you.
Redundancy is not a problem. I don't see any issues with being
redundant. This is our Conservation Collier ordinance, and I like the
way this tightens things up.
So I like what is recommended for 4A, B, and C, the language
there -- or there's no change in B. And so I'd like to see us
incorporate that language.
I don't understand how that could create a problem with the state
at all, and if it -- you know, I just don't understand that. So I'd like to
see us incorporate that.
March 26, 2024
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I'd like to do this in two pieces, because I think there is some
agreement here. I'm going to make a motion to incorporate the
language that's on the screen right now that was presented by
Mr. Brad Cornell, which amends 4 by putting in the word
"permanent," amends Section A, and then down at the bottom dealing
with the receiving lands or a private or public TDR credit repository.
I don't see how that can create any problems for us at the -- at
the state level, but I think it tightens up our Conservation Collier
ordinance. If we need to come back and change it, we can obviously
do that. So that's my motion, Mr. Chairman.
COMMISSIONER McDANIEL: I'll second that. I agree with
you. And if we have to do an adjustment once we go through the
amendment to the GMP, we can adjust this language -- if someone at
the state tweaks our ability, I agree with you that it doesn't really
have an impact. So I'm okay with that. Second.
CHAIRMAN HALL: Commissioner LoCastro.
COMMISSIONER LoCASTRO: Yeah. I'm -- I was just
going to stress that redundancy's not always a bad thing. I mean, I
don't love it at times because then I think it just is -- you know, it's
not required. But there's been so many questions about
Conservation Collier that I think in this particular case, it's not
overdone, you know, stressing permanence and a couple of the other
words that are covered in other ordinances or other documents.
You know, I was going to sort of echo what I'm hearing my
colleagues say is that I think it gives clarity and confirmation to the
things that people are concerned about. So if we have it in multiple
places it -- it relieves a lot of ambiguity, I think.
So I -- now I will say if we're -- I like that we're voting on these
one at a time, because I do have some concerns at Section 6, the
emergency definition piece, but I'll wait till we get to that, and I'll
light up again if I've got a question. But I would -- I would vote for
March 26, 2024
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the motion to pass 4, No. 4, as amended with the red text.
CHAIRMAN HALL: Commissioner Kowal.
COMMISSIONER KOWAL: Thank you, Chair.
I just have a question for staff or -- are you
insinuating -- because the word "permit" -- it was not necessary
because does -- Subsection C, does that relate to what you were
trying to say? Or is that --
MR. FRENCH: Well, you have an exceptional benefits clause
that, even in the event that we were to vacate or there was a request to
vacate an easement for some other benefit, it would have to meet that
exceptional benefit; in other words, showing that there was a benefit
to the program, to the county, that it would -- that it would be in the
best interest of the program, not the applicant, to vacate to that
property.
COMMISSIONER KOWAL: Okay. I'd like just to remind
my fellow members up here that two weeks ago, we did have a
problem with redundancy, referring back to the other slide we kept
saying we had the right to move it, the right to move it, you know,
and I think Mr. Cornell talked us all into saying it just once in the
ordinance. So I think I'll remind everybody of that, that we do
sometimes have a problem with redundancy, so I'm just saying.
COMMISSIONER LoCASTRO: I think sometimes, though,
we also sit up here for an hour and talk about where a comma should
be, and I don't think that's the most efficient use of anybody's time.
So, you know, we're talking about one word here, and I think it gives
clarity. But point well taken.
COMMISSIONER KOWAL: I'll remind you that Mr. -- well,
he's not here anymore, the fine attorney -- that a comma is very
important.
COMMISSIONER LoCASTRO: Right, absolutely.
MR. FRENCH: We've taken great care to reduce the number of
March 26, 2024
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unqualified modifiers, I think, is what we referred to it as.
COMMISSIONER LoCASTRO: Yeah.
COMMISSIONER KOWAL: Yeah.
CHAIRMAN HALL: Well, I can count to three. We have a
motion and a second. So all in favor of adopting Section 4 as
amended in red, 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: All right. Commissioner Saunders.
COMMISSIONER SAUNDERS: Let's jump into the
unpopular language. Going back, if you could put on the screen the
language under Section 6, I believe, you know, we tightened this up.
I had made some suggestions at the last meeting to make this into two
sentences so we didn't have to have any concern about a comma.
But we all said that this was -- the removal of funds was a one-time
deal. And what they're asking are for -- and I think it makes
sense -- that there be some official declaration; that can be from us,
obviously.
And I think the concern that the supporters of Conservation
Collier have is that if we leave this open where the funds can be
removed once the Commission determines that there's some
emergency, that unless we tighten that up, almost anything is an
emergency.
During the budget process last time, last September, the final
result was to transfer funds. There was no emergency. There
was -- obviously, there was a reduction in the millage rate, but there
March 26, 2024
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was no real declaration by the county of an emergency, whether
official or unofficial. And so I think that's what the concern is.
I'd like to tighten this language up, Mr. Chairman and fellow
members of this board, so that we send the message that we took
those funds out that one time, and in order to do that again, there's
going to have to be a more of an official emergency, not something
that just happens at a budget hearing.
And so I'm going to make a motion that we include this
language because it really -- it really ties our hands but at the same
time doesn't tie our hands too terribly because we can determine
some local emergency. We don't need to rely on the state or federal
officials to do it. It says right here that it could be a local
emergency. But it needs to be something, I think, more official than
just simply saying, "If we decide to remove those funds, we can do
that." I think it sends a real positive message to the community.
And I agree with the speakers that talk about making this really
a wonderful community. It is a wonderful community, but we want
to keep it that way. And providing more open space is critical, and
this language helps us in that regard. So I'll make that motion,
Mr. Chairman.
CHAIRMAN HALL: Commissioner LoCastro.
COMMISSIONER LoCASTRO: I mean, I don't want to split
hairs on -- you know, on wordsmithing this thing to death, but, you
know, this is a -- this is a local program. And, you know, I sort of
cringe a little bit when I see the words, "state," "federal," "official
declarations." I mean, you know, this board, over the last few
months, has done, you know, great things to bring stuff to the local
level to give us local authority. I don't think the -- you know, that
words "the Board of County Commissioners" means we're going to
do something haphazard and stupid.
And anything we decide to do is going to be filled with a
March 26, 2024
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roomful of people that either agree or disagree. I just think when
you have a local document -- I think leaving the Board of County
Commissioners or adding these red -- the red edits is six of one, half
a dozen of the other. It's "happy" to "glad," "small dog" to "puppy."
But in a local document here, as a citizen, I'd rather see local
words than, you know, as determined by the state or the federal
declarations. I mean, haven't we been working hard for months here
talking about how, you know, we want local control, local decisions?
And I understand what Commissioner Saunders is saying, but I
don't think the words "the Board of County Commissioners" gives us
some sort of, like, irresponsible authority to just do whatever the heck
we want. I mean, I think we're all smart enough to know what an
emergency is or what's emergent.
And, you know, there again, I don't think adding -- taking that
out and putting "local, state, or federal," makes this a better
document. Maybe it makes it different, but I don't know that it
makes it any better. And in a small way, in my mind, it makes it a
little worse because I like the local type of words. I don't know if
anybody shares my same view, but that's my initial thought.
CHAIRMAN HALL: Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes. I agree with
Commissioner LoCastro. I'm not -- I'm not happy with state,
local -- local, state, federal declarations. I think "the Board of
County Commissioners" is sufficient, as was agreed upon the last
time when we -- when we developed this language.
And I -- I don't -- you know, it wasn't done willy-nilly when the
move was -- the entire premise here was to allow for some discretion
with regard to moving the money for necessary -- for necessary
things.
I liked language "as soon as practicable" because I know
when -- you know, we talk about what we did at our -- at last year's
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budget hearing. That wasn't done willy-nilly. That was done with a
plan. That was done with evidence of ongoing annual burn rate,
maintenance expenses, ongoing -- the previous three years'
acquisitions. It -- and I agree with Commissioner LoCastro, it wasn't
done willy-nilly, so...
Now, having language with regard to -- in here for defining -- I
thought the language "as soon as practicable" was sufficient.
"Promptly to assure program obligations, including land
management, are met," I think that is maybe a better description.
But I don't have any interest in the local, state, or federal declaration.
I think going ahead and leaving it as was written and proposed by
staff with "the Board of County Commissioners," And then I'd be
happy -- I'd be okay with "promptly to assure program obligations,
including the land management, are met." I'm okay with the second
part of the red but not the first.
COMMISSIONER LoCASTRO: So am I.
CHAIRMAN HALL: Commissioner Kowal.
COMMISSIONER KOWAL: Thank you, Chairman.
Yeah, I kind of agree with some of my colleagues up here that
this is a local program. It's a county program, and, you know,
we -- I didn't like the word "emergency" to begin with, but I didn't
really have anything to add to it or replace it at the time two weeks
ago because I was afraid it would open up a can of worms with, you
know, connecting all these different layers of government to it.
And, you know, hey, if there's another -- the state declares a
state of emergency because of a hurricane, of course we're going to
declare it ourself. I mean, it's a no-brainer. You know, I don't need
the state to tell me that we're going to have a hurricane. We
understand that, and our staff will approach that appropriately, and
we will declare our own emergency.
But then in the same state, you know, look back a few years ago.
March 26, 2024
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COVID was a state of emergency, so now you've got the Governor
claiming COVID is a state of emergency. Does that give us a right
to start pillaging our funds through, you know, Conservation Collier?
There's no need to do that, you know.
So this is more of a local program, and I think it should be
controlled locally by your county commissioners. And I do still like
the language "as soon as practicable." And -- but, yeah, I can't -- I
don't like the state or federal declaration. I think this is a local
decision. It's local taxes. And I think we have the ability to make
those determinations if it's an emergency or not and if it's even
something that's -- you know, do we even want to, you know, have
the pace [sic] to even do? So...
COMMISSIONER SAUNDERS: If we just said, "as
determined by" -- "an emergency as determined by local declaration,"
would that satisfy everybody, just take out "state or federal"?
CHAIRMAN HALL: It's not going to satisfy me. I'm just
going to -- I'm going to comment real quick.
It's obvious that this came forth because there are those that had
sour grapes about what we did with the money last year, and you
can -- I've said it before. You can have control, or you can have
growth, but you can't have both. It is my intention to grow this
Conservation Collier program.
We took that money because that money was not being utilized.
And I was the commissioner who said this was a one-time thing.
And what -- you know, we live in a time that your word doesn't mean
very much, but it solidifies me. I took that money last year to start
the budget process so that we could have a beginning to shrink this
local government. We turned around and we funded Conservation
Collier. So all of this language, to me, doesn't mean a thing.
I'm going to -- I'm going to stick with what we talked about in
the last meeting. I'm good to say if we -- if we ever had to, in the
March 26, 2024
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future, ever take this money for any other purpose, to repay it as
promptly as possible. I mean, that's just common sense.
But as far as the emergency thing, it should be whatever we, as a
board, determine is the best and appropriate use by a simple majority.
Commissioner Saunders.
COMMISSIONER SAUNDERS: That's fine. I understand. I
was -- I helped draft the language in terms of the emergency language
the last time, and I understand my motion will fail for a lack of a
second and -- but if we go back to the original language that we
remove that "only in the event of an emergency as determined by the
Board of County Commissioners," that doesn't tighten it up as much
as I would like to, but at least it's a little tighter than it was.
CHAIRMAN HALL: Commissioner Kowal.
COMMISSIONER KOWAL: Okay. I'm fine.
CHAIRMAN HALL: Okay.
COMMISSIONER KOWAL: Thank you.
CHAIRMAN HALL: So I'll make a motion to accept Section 6
as amended with adding "to promptly pay the money back as soon as
applicable [sic]."
COMMISSIONER McDANIEL: And not the -- and adding
back "the Board of County Commissioners" --
CHAIRMAN HALL: Not the emergency --
COMMISSIONER McDANIEL: -- as is lined through here,
the Board of County Commissioners -- "as determined by the Board
of County Commissioners," and I'll second that motion.
COMMISSIONER SAUNDERS: Just so I understand what
we're voting on, so the language in this section will read, "At the
direction of the Board, funds may be transferred between the two
funds, period. In the event of an emergency as determined by the
Board of County Commissioners, funds may be withdrawn provided
all such diverted funds shall be replaced as soon as practicable," is
March 26, 2024
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what --
CHAIRMAN HALL: Yes.
COMMISSIONER SAUNDERS: All right. I'll second that
motion if it hasn't been seconded.
CHAIRMAN HALL: So 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: All right. What's the next section?
MR. FRENCH: I think that's it.
COMMISSIONER SAUNDERS: I think all we need's a
motion --
CHAIRMAN HALL: Okay.
COMMISSIONER SAUNDERS: Well, I think we need a
motion to approve the ordinance as amended this morning.
COMMISSIONER McDANIEL: I'll make that motion.
COMMISSIONER SAUNDERS: I'll second that motion.
COMMISSIONER McDANIEL: And I do have a comment.
CHAIRMAN HALL: Go ahead and comment, and we'll vote.
COMMISSIONER McDANIEL: Okay. And the comment is
and -- because it's been represented multiple times by our speakers
with regard to the repayment of the monies that were moved last
year, that's not part of this ordinance discussion today. But it is
going to be a part of our upcoming discussions with regard to our
budget and how we're managing going forward, so I'm --
CHAIRMAN HALL: Commissioner LoCastro.
COMMISSIONER LoCASTRO: So I'm happy with the
March 26, 2024
Page 87
language that we just voted on, but, you know, of the things I feel
like that's been lost in all this discussion of, you know, a word here
and a word there, is the biggest problem we had with Conservation
Collier over the last two years, and that was having taxpayers put
money in the fund and that money not being spent as quickly as it
should have been.
You know, I'm still a little bit flabbergasted that, you know,
folks that believe in this program as much as we do -- and so we're
included in that -- weren't more outraged that $60 million was
collected, and only 5 million was spent in a two-year period.
We did a lot of things to reverse that. And I've said, you know,
at several town halls meetings -- and I'm sure my colleagues have
repeated the same thing -- we probably have purchased more land
under Conservation Collier in the last four, five, six months, in a
short time, than had been done in maybe the last two years.
So this is all great, and the language is wonderful, and this will
go in a book and sit on the shelf, but we should be ashamed of
ourselves at almost every commission meeting -- and I won't say
every one, but at frequent County Commissioner meetings a list isn't
brought to us with properties for consideration.
And I think we've made it very clear we don't want those
properties stacked up and brought to us once a year, that we want
them brought to us on a more regular basis so we don't lose out on
some properties, which I know has happened. You know,
landowners sat and waited for six months for the previous team to
contact them, and then when we finally got to the vote, the property
was already long gone.
So, you know, just in conclusion, this is all wonderful, the
verbiage, but the execution of the program is the thing that failed, and
that's what we shined a light on. So it wasn't about stealing money
and doing this. It was about money sitting dusty, and plenty of
March 26, 2024
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properties that qualified for Conservation Collier should have come
to this board on a much faster timeline, and I think we've rectified
that.
And by shining a light on the program, too, I think we also
helped pull all those that are supportive of this program into one big
group and be a little bit more informed of how the program actually
works, how it doesn't work, what it can buy, what it can't buy. So
that was all great.
But I just would say, in conclusion, let's continue to be
aggressive to identify properties and bring them to us for
consideration, and that's what the program's all about, not necessarily,
you know, a word here or a word there. This is important as well.
But I think that was the biggest -- I don't want to say failure of
the program. I guess the best word I would use in conclusion is
disappointment in the program, that money was collected way faster
and was just being sort of -- you know, collecting dust, I think, as we
said here multiple times. So we don't want to be guilty of that
anymore.
And, you know, your team, from Mr. French and Jaime Cook's
work in the last few months, have proven that we can certainly
identify these properties much quicker and bring them to us much
more efficiently for consideration. So let's make sure we continue to
do that.
MR. FRENCH: Commissioners, thank you so much. We
appreciate your leadership and your direction. And you used the
word "aggressive." We have taken a much more aggressive
approach under Ms. Cook's leadership. And with the support of the
County Manager's Office, we're currently looking at the structure of
the organization with regards to the staffing.
And we've worked so close with your volunteers, and we're so
appreciative of the volunteers and the outside agencies that -- like
March 26, 2024
Page 89
Brad Cornell represents, they're wonderful partners. But I would tell
you that we do have a list of properties. I would tell you that they
are north of $20 million that will be coming your way, probably the
second meeting in April, not to -- and not to overshadow the
Williams property.
We're currently working with Ed Finn, our Deputy County
Manager and my direct report, my boss, to make sure that we -- that
we negotiate a good project for you to consider where it's got a
Conservation Collier consideration with it. So we look forward to
being able to continue to serve this practice. We think it's -- we
think it's a great opportunity.
Thank you.
CHAIRMAN HALL: All right. So we have a motion and a
second to approve the ordinance as amended. 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: Ordinance is a done-deal.
COMMISSIONER McDANIEL: Till we change it again.
Item #10A
SUBMIT A LETTER TO GOVERNOR DESANTIS TO URGE HIM
TO VETO SENATE BILL 7014, THE ETHICS BILL -
DISCUSSED; BRING BACK TO THE APRIL 9TH BCC MEETING
MS. PATTERSON: Commissioners, that brings us to our
March 26, 2024
Page 90
add-on Item 10.A. This is a recommendation to submit a letter to
Governor DeSantis to urge him to veto Senate Bill 7014, the ethics
bill. This item is added to the agenda by Commissioner Saunders.
CHAIRMAN HALL: Commissioner Saunders.
COMMISSIONER SAUNDERS: Thank you, Mr. Chairman.
I apologize for adding this on an add-on without any prior
notice, but timing is always kind of important when you're dealing
with the legislature.
The Governor does not have this bill yet. So when he does get
the bill, he'll have 15 days in which to take action on it. So if we're
not able to come to any consensus today, we still have, I think, one
more meeting where we can take some action.
But let me explain what the bill does that I find to be something
that we should not -- or the legislature should not approve. We have
an Ethics Commission, and that Ethics Commission evaluates
complaints and then makes a determination if there's probable cause,
and if there is, then they'll go through a public hearing process.
We're all familiar with that. As a matter of fact, in the many
years that I've been in public office, I've actually had two ethics
complaints filed. One of them I filed myself because I needed an
opinion from the Ethics Commission, and it came out positive for me,
and so did the second one.
And what I've always found is that they do a really good job in
evaluating these complaints and determining whether there's probable
cause in going through the process.
There's been a standard in Florida where it's basically the
complaint. It's basically a written complaint, and let me -- oh, it's a
written complaint that's filed, and the complainant has to have some
information to generate the complaint. That's been the standard for
decades.
The new standard -- and this was added in this legislation this
March 26, 2024
Page 91
session -- it says, "Upon a written complaint executed on a form
prescribed by the Commission which is based upon personal
knowledge or information other than hearsay and signed under oath."
The addition of "based upon personal knowledge or information," I
think, makes it impossible to have complaints filed. Take a simple
bribery situation where somebody may, you know, hear something
about that and want it to be investigated. Well, the only two people
that would have personal knowledge would be the person taking the
bribe and the person giving the bribe. Nobody else would have
personal knowledge of that type of a scenario.
And so I think from a statewide policy position, it's better to
have consistency with what the current language is as opposed to
having this language. There are several folks, several organizations,
that believe that this will, in effect, eliminate the ability for the Ethics
Commission to even exist. There will be really no ability to file
complaints against elected officials.
There are several organizations that have written letters to the
Governor. We have a draft of one that is very similar. And I'd like
the Board to consider taking a look at this.
Now, there's an ethics panel in the City of Naples that the
citizens in the City of Naples voted on, and it's a very formal process,
and this legislation will make that Ethics Commission ineffective.
So there are a lot of these local Ethics Commissions around the
state that are writing to the Governor as well.
And so we don't need to take any action today, but I'd like the
Board to consider this as to whether or not we would write a letter
saying to the Governor that we think that this cripples our Ethics
Commission. And ethics in government is critically important, and I
know we all agree with that.
CHAIRMAN HALL: All right. Commissioner Saunders, or
Mr. Mullins, do you-all have any knowledge of what the legislature
March 26, 2024
Page 92
was really -- was this the only intent of the bill, or was there other
stuff that could be positive that we could be missing?
COMMISSIONER SAUNDERS: There is other stuff in the
legislation. That was not the only thing. This was an amendment
that was added sort of at the last minute on the floor, I believe. And
so there are -- there are other things in there, and that's the
unfortunate part of about legislation sometimes is there's a lot of good
stuff, and then there's a poison pill that's added that really makes it
more difficult to adopt the good stuff.
MR. MULLINS: Yeah. For the record, John Mullins, your
director of Communications, Government and Public Affairs.
And to the commissioner's point, yes, this was an amendment
that was offered on the floor as it was before the full body. It was
not considered in the committee process itself. The bill itself is
mostly procedural in how the ethics commissions function, things
like term limits and different processes that you have to go through
for investigations.
To the commissioner's point as well, this would probably take
out just about any ability to have a whistleblower-type situation,
because you would have to come forward, again, with having
personal knowledge and information to back that up, which means
you'd probably have to file a complaint under oath which would be a
pretty, you know, high standard to have. So an anonymous
whistleblower situation would probably go away under this
legislation.
CHAIRMAN HALL: Commissioner McDaniel.
COMMISSIONER McDANIEL: Yeah. And I would like -- if
you -- if you're -- if I understood you correctly, I'd like a couple of
weeks to be able to review this. I haven't looked at this language.
I'm not inflicted with that mental health issue called a law degree
such as yourself. But it sounds to me a lot like interpretation with
March 26, 2024
Page 93
regard to personal knowledge of an ethics violation, purportedly or
not. And so I'd like a little bit of time to review the entire bill before
I -- before I accept.
COMMISSIONER SAUNDERS: I think we have time, as I
said, so -- but I wanted to get the discussion started, and this was the
only way I could really do that --
COMMISSIONER McDANIEL: Okay.
COMMISSIONER SAUNDERS: -- in a meaningful way. So
perhaps we have no issue to continue this, and that will give our local
delegation that supported this legislation an opportunity to weigh in
as well as -- and, again, this kind of goes to local control issues, and I
think this takes away a lot of local control, as in the City of Naples
with their Ethics Commission. Whether you like it or not, that's
what City of Naples, the residents, wanted. And so -- because there
was a referendum on that issue. And so this kind of cripples those
local efforts, so --
MR. MULLINS: I think --
COMMISSIONER SAUNDERS: -- to continue it would not be
a bad idea.
MR. MULLINS: Yeah. To piggyback that, I think the local
Ethics Commissions currently have the ability to self-initiate
investigations, and I'm not also not afflicted with a legal degree. I'm
a Christian. But, basically, this would take away their ability to
self-initiate.
COMMISSIONER McDANIEL: Well, on that note, I'd maybe
get a -- get in contact with our lobbyist as well just to hear the back
story on what the ultimate outcome is with that add-on and that
amendment. So I'll look forward to more discussion.
CHAIRMAN HALL: Yeah.
COMMISSIONER KOWAL: Chairman?
CHAIRMAN HALL: Yes, sir.
March 26, 2024
Page 94
COMMISSIONER KOWAL: John, just one question.
You referred to a whistleblower. Is there any specific language
in any statutes referring to whistleblowers, like with internal
organizations and things like that? Let's say, like, FDLE, you know,
like, Florida Department of Law Enforcement, if somebody
with -- internally, in, like, an agency like that feels there's something
unjust going on, is there any other statutes pertaining to that, or is this
solely just we're talking about a citizen feeling that there's an issue
and making a complaint?
MR. MULHERE: Yes. I think this is just talking about the
anonymous complaint of a citizen. But, you know, once again, not
being a lawyer, I don't want to say that there aren't other sections of
Florida Statutes that may apply to other situations.
MR. TEACH: And, Commissioner Kowal, there's a separate
whistleblower statute. For example, if there was some sort of
operational wrongdoing at a public utilities plant or something, that
would still apply. This pertains primarily to ethics issues. It would
affect politicians. It would affect other people that may get involved
in graft or something along those lines.
And I can tell you this: I went ahead and I looked at the
legislative memorandums. They sort of spell out why they're doing
things, and there was no discussion on why this language was taken.
But Commissioner Saunders is correct; you might overhear
somebody actually say something that's very credible regarding an
ethics violation, but that would be hearsay because that's -- in the
law, we call hearsay an out-of-court statement asserted to prove the
truth of the matter asserted.
And so that person who might have a very credible reason to
believe somebody who's in a high position would be unable to then
file a complaint under oath under information and belief because this
higher standard of personal knowledge is required now.
March 26, 2024
Page 95
COMMISSIONER KOWAL: Thank you, Scott.
CHAIRMAN HALL: Yeah, that helps.
Any other discussion?
COMMISSIONER SAUNDERS: So we'll place that on the
agenda for our next meeting.
MS. PATTERSON: Yes, sir.
Commissioners, I believe some of you are due over to have
lunch with the Know Your County Government Week.
CHAIRMAN HALL: I didn't think you'd ever say it.
MS. PATTERSON: So if you want to break for lunch, and we
can pick up with the rest of the 11 items before our 2:30 time-certain
would probably time well.
COMMISSIONER SAUNDERS: Is that up on the fifth floor?
COMMISSIONER LoCASTRO: Yeah, where is that?
MS. PATTERSON: Museum.
CHAIRMAN HALL: We're at the museum?
MS. PATTERSON: Yes. Golf carts to move you over.
CHAIRMAN HALL: Oh, moving on up. So is an hour long
enough over there, or should we come back at, like, 1:15?
MS. PATTERSON: Probably a couple -- that would actually
probably time well. We have a few items to take care of before we
go to our 2:30 time-certain.
CHAIRMAN HALL: All right. So let's come back at 1:15.
COMMISSIONER McDANIEL: Perfect.
(A luncheon recess was had from 11:55 a.m. to 1:15 p.m.)
MS. PATTERSON: Chair, you have a live mic.
CHAIRMAN HALL: All right. What's next, County
Manager?
Item #11C
March 26, 2024
Page 96
BOARD OF COUNTY COMMISSIONERS, EX-OFFICIO THE
GOVERNING BOARD OF THE COLLIER COUNTY WATER-
SEWER DISTRICT, AWARD CONSTRUCTION INVITATION
TO BID (“ITB”) NO. 23-8141, “NORTHEAST WATER
RECLAMATION FACILITY AND WATER TREATMENT
PLANT DEEP INJECTION WELLS” TO YOUNGQUIST
BROTHERS, LLC, IN THE AMOUNT OF $29,389,000, AND
AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED
AGREEMENT. (PROJECT NO. 70194) (MATT MCLEAN,
DIRECTOR, PUD ENGINEERING AND PLANNING DIVISION)
(DISTRICT 5) - MOTION TO APPROVE BY COMMISSIONER
MCDANIEL; SECONDED BY COMMISSIONER HALL –
APPROVED
MS. PATTERSON: We are at Item 11.C. This is a
recommendation that the Board of County Commissioners, ex-officio
the Governing Board of the Collier County Water/Sewer District,
award construction Invitation to Bid No. 23-8141, Northeast water
reclamation facility and water treatment plant deep injection wells, to
Youngquist Broths, LLC, in the amount of $29,389,000, and
authorize the Chairman to sign the attached agreement.
Mr. Matt McLean, your public utilities engineering and planning
division director, is here to present or answer questions.
MR. McLEAN: Good afternoon, Commissioners. I do have a
very brief presentation to go over this very critical infrastructure
project on behalf of the Water and Sewer District.
Again, Matt McLean, your division director for engineering and
project management with the Water and Sewer District.
This is our northeast service area deep injection well project. It
fulfills our ability to be able to continue to execute Collier County's
strategic planning projects. This one falls underneath the Northeast
March 26, 2024
Page 97
Regional Utility program. The project includes two deep injection
wells as well as one dual-zone monitoring well which allow the
utility to continue to proceed forward on their regional utility
program on both the water reclamation facility side as well as the
water treatment plant side.
It does include our ability, then, to be able to dispose and
monitor the ability to use these deep injection wells for -- what we
will be utilizing it for is our water treatment plant concentrate as well
as our excess wastewater treatment plant effluent. The effluent
coming out of the water reclamation facility, we treat it to required
standards, Class 1 and Class 2 standards as defined by our permit
requirements. This is fully permitted and regulated both by DEP and
the EPA.
Just to give you an idea of the particular project location as a
reminder for you-all, the Board, as you can see in the northeast utility
facility cite, the area defined by the star is the location for these two
deep injection wells and dual-zone monitoring well that falls within
our regional utility facility.
Within the considerations of this particular item, we did
do -- following the procurement ordinance and manual, we did an
intent to bid for this deep injection well project that went out in May
of 2023. Over the course of the bid time, we did extend the bids
multiple times. There were several vendor questions as well as we
are hoping to attract additional bidders on the project. I believe it
was a total of eight extensions on time to try to continue to get more
competition on the project.
Ultimately, those bids were opened in December of 2023.
Youngquist Brothers was the lowest responsive and responsible
bidder. Youngquist is a known contractor to us. Out of all of the
deep injection wells we have in our system, Youngquist Brothers has
actually installed all of them, not only on our water reclamation
March 26, 2024
Page 98
facilities, but also at our water treatment plants.
So the item before you today, staff's bringing the project to do
those two deep injection wells and one dual-zone monitoring well in
the amount of just over 29 million. The project does include a
$2.4 million allowance if we run into any type of unforeseen
situations.
We're excepting great results on this project, first and foremost,
to be able to execute strategic planned board priority projects. As
mentioned, it will enable our ability to be able to dispose of our
excess treated wastewater plant effluent. It's a really -- it's a balance
for us as we treat our effluent to all of our water-quality standards.
You know, we oftentimes have plenty of effluent available in the
rainy season, and we need to utilize our deep injection wells to be
able to get rid of the excess, and then come dry season, we're starving
to try to produce more effluent to be able to put it back out into our
regional system. So these deep injection wells are critical for our
continued success as a utility to operate.
It does provide for that future water treatment concentrate
disposal as well as we're continuing to move forward with our water
treatment regional plant out in the northeast service area.
It's important to note the reason why there's two wells within
this project, two deep injection wells, as our Class 1 reliability.
There's very stringent reporting requirements and testing
requirements for deep injection wells, and we want to make sure that
we have the ability to utilize at least one of them at a time. We're a
24-hour-a-day/seven-days-a-week/365 operation, and that Class 1
reliability to be able to take one particular system out of play for
testing requirements that sometimes take up to a week or more is
critical for our continued operations full time.
So I mentioned it's highly regulated by the DEP. We've got a
lot of compliance efforts and testing requirements to do to make sure
March 26, 2024
Page 99
that we're not impacting any of the aquifer systems, and it does
position our utility for the continued planned growth within the
northeast area, again, a very critical component project that we're
excited to bring before you today.
And so with that, we have before you a recommendation to
approve the two deep injection wells and dual-zone monitoring well
as presented for you and presented in the agenda item before you
today. I'm here to answer any questions that you-all may have on
the project.
CHAIRMAN HALL: Mr. McLean, just for the sake of the
public, you know, we're looking at spending $30 million. Just
explain to the public what we're -- what we're doing --
MR. McLEAN: Absolutely. Thank you.
CHAIRMAN HALL: -- and what effluent is and just so that
people can understand exactly what we're looking at.
MR. McLEAN: Absolutely. A deep injection well is an
engineered system that safely disposes of fluids, including reuse
water that's treated to standards. We have Class 1 and Class 2
primary and secondary standards for the water treatment. These
wells are very, very deep. They're well -- these wells are going to be
drilled down to 3,250 feet.
So as you utilize wells like this within our operations, we're not
just impacting -- there will be no impacts to the -- what we see with
respect to our wells that we use for our water treatment.
So during the course of operations at any one given plant, there's
certain times of the year where we generate a lot of effluent from our
wastewater where we're processing that wastewater. And,
ultimately, that processed wastewater gets put into a reused
irrigation-quality commodity for us. We would like to be able to put
all that back out in the land, but, unfortunately, certain times of the
year, people aren't watering when it's raining. So we need to have
March 26, 2024
Page 100
the ability to be able to utilize these deep injection wells during those
time frames.
CHAIRMAN HALL: Great. Thank you.
Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes. Do we ever -- or is
there -- is there ever an opportunity to allow other utilities to use a
well that we drill?
MR. McLEAN: The short answer to that is "not really." We
all have our specific utility boundaries that we operate on; however,
there are interconnections that we do have between utility companies.
So, for example, we do have interconnectivity with Bonita Springs
Utilities, the City of Naples, whereby sometimes we're trading flows
back and forth in the case of demands or emergency type situations.
But then those operations -- when they go into their respective
service areas, those respective service area users utilize their
equipment.
COMMISSIONER McDANIEL: All right. Well, the leading
question was there's -- you know, the Immokalee Water/Sewer
District has been dealing with issues for quite some time with regard
to the disposition of their effluents, and I was just wondering if there
was a capacity to rent our facilities to them.
MR. McLEAN: I would say that that -- I would say that that's a
very interesting concept.
COMMISSIONER McDANIEL: Well, there you go.
MR. McLEAN: You know, you look at it like a bulk-user type
of utilization. I did mention that we do have interconnectivity
between other utilities; however, that's something that we haven't
really fleshed out other than bulk-type utilization. And again, then,
within bulk-user rates and how you operate on how much flow goes
one way or the other, the respective utility that has the control of
processing that particular water or wastewater will be the one in
March 26, 2024
Page 101
charge of their deep injection wells.
COMMISSIONER McDANIEL: Sure. I understand that. I
just -- and maybe that's something we could have a discussion of
off-line just to explore it.
MR. McLEAN: I look forward to the consideration.
COMMISSIONER McDANIEL: I know that there is an issue
there, and it may be something to -- if it's allowed, if -- because
you've already stated that it's a heavily regulated circumstance. But
if it's allowed, it's something that may be able to help some of these
smaller utilities that are on our perimeter that we're not necessarily
interconnected with.
So with that, I'll make a motion for approval.
CHAIRMAN HALL: Commissioner Kowal.
COMMISSIONER KOWAL: Thank you, Chairman.
How you doing today?
You made the comment that Youngquist Brothers, they did all
our other facilities, the deep injection wells?
MR. McLEAN: They have drilled all the deep injection wells
at our currently regional water reclamation and water treatment
plants, yes.
COMMISSIONER KOWAL: For the county.
Did they do the one out at the dump?
MR. McLEAN: They also drilled the deep injection well that's
out there for the leachate out at the landfill.
COMMISSIONER KOWAL: The landfill, yeah.
COMMISSIONER McDANIEL: The dump.
COMMISSIONER KOWAL: The dump. I'm sorry. I
couldn't think of "landfill."
Now, in those other projects, were there other contractors that
bid on those projects?
MR. McLEAN: We have had, in the past, other bidders, but
March 26, 2024
Page 102
this is a real specialty type of operation where you're drilling down
over 3,000 feet. We were hopeful that we would see two bidders;
however, unfortunately, we only received the one bid. In past
projects, we have seen one or two bidders over the course of the last
several decades.
Youngquist is -- within the state of Florida, they do the majority,
if not almost, all of the deep injection well construction. They're
currently working on multiple deep injection wells over on the East
Coast right now, and they've done a lot of work as well in the
Southwest Florida area beyond what has been done for the Water and
Sewer District.
COMMISSIONER KOWAL: So in a way, you're almost
saying they're a sole provider at this point for this particular type or
design of well that we're looking at?
MR. McLEAN: I would say that they're an expert in the
industry. We followed the procurement process, and they ultimately
were the low bidder that was responsive and responsible.
COMMISSIONER KOWAL: But they were the only bidder on
this one.
MR. McLEAN: They were.
COMMISSIONER KOWAL: All right. Thank you.
CHAIRMAN HALL: I'll second the motion. All in favor of
approving this 29 million-plus for the injection wells, 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, Matt.
March 26, 2024
Page 103
Item #11D
A CHANGE ORDER NO. 15 IN THE AMOUNT OF
$4,820,600.00, UNDER AGREEMENT NO. 18-7474 PERTAINING
TO THE "DESIGN-BUILD OF NORTHEAST SERVICE AREA
INTERIM WASTEWATER TREATMENT PLANT, STORAGE
TANKS AND ASSOCIATED PIPELINES," WITH MITCHELL &
STARK CONSTRUCTION CO., INC., ADD 550 DAYS TO THE
CONTRACT, WAIVE LIQUIDATED DAMAGES OF $1,790,000
AND HAVE THE CHAIR SIGN THE ATTACHED CHANGE
ORDER. (PROJECT NO.70194) (MATT MCLEAN, DIRECTOR,
PUD ENGINEERING AND PLANNING DIVISION) (ALL
DISTRICTS) - MOTION TO APPROVE BY COMMISSIONER
MCDANIEL; SECONDED BY COMMISSIONER SAUNDERS –
APPROVED
MS. PATTERSON: Commissioners, that brings us to Item
11.D. This is a recommendation to approve Change Order No. 15 in
the amount of $4,820,600 under Agreement No. 18-7474 pertaining
to the design-build of northeast service area interim wastewater
treatment plant storage tanks and associated pipelines with Mitchell
& Stark Construction Company, Inc., add 550 days to the contract,
waive liquidated damages of $1,790,000, and have the Chair sign the
attached change order.
Mr. Matt McLean, again, your director of Public Utilities
Engineering and Planning, is here to present.
MR. McLEAN: Yep. Again, thank you. This is another item
critical to the continued infrastructure investment within the northeast
area.
We've been actively working under this contract for multiple
March 26, 2024
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years on building the interim wastewater treatment plant, storage
tanks, and associated pipelines to the known villages and towns as the
Rural Lands Stewardship Area continues to develop out.
This item before you today is a change order relative to add
some additional piping to that particular project, cracked up some
administrative contract time frame changes -- that's the liquidated
damages portion of the project -- as well as add 550 days.
Again, I want to just thank the Board for the opportunity to be
here to continue to execute strategy plan priority projects within the
northeast utility program. That is the one that's been identified. It
also falls within the infrastructure and asset management pillar on our
strategic plan.
Specifically, we will be extending, on this project, about a
2500-linear-foot section of four runs of pipeline out to the
Brightshore development now that we have the official point of
connection identified. This map gives you a pretty good idea of the
overall area. I'd like to focus in on the inset, if you will, on the
bottom right. The dashed line is the area that's specific within this
change order on the pipeline corridor to be able to get over to the
point of connection within the Brightshore Village.
The county, through the existing contract, has already installed
over 40 miles of infrastructure out to Immokalee Road Rural Village,
Skysail, Rivergrass, and the bulk of the infrastructure to Brightshore
Village.
So this kind of gives you a magnitude of the overall area as well
as the inset area to focus in on for this particular item.
At that point of connection within Brightshore, done on the
bottom right there, the county was able, through that SRA
development in conjunction with Transportation and Public Utilities,
to negotiate the ability to purchase a piece of property a little over
nine acres for joint use to be able to utilize it for Public Utilities use
March 26, 2024
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for tanks, pump stations staging area, as well as a future stormwater
pond for the ultimate potential expansion of Immokalee Road.
So this particular change order on the extension of pipelines will
get the pipes to this particular location, which is the location within
the utility agreement that we're obligated to provide the infrastructure
to that particular village.
Again, we're expecting to be able to continue to deliver and
execute strategic planned Board priority projects with this particular
project and change order. This, effectively, will complete the first
phase of the infrastructure required to the respective towns and
villages that we currently have agreements with to be able to provide
services for potable water, irrigation-quality water, and wastewater
services within the Stewardship Receiving Area.
It continues to solidify the Water and Sewer District's
infrastructure for the known expansions that are continuing within the
northeast service area and positioning the utility for the future.
It does effectively meet the required established utility
agreement commitments for Brightshore Village, this particular
change order, and as I mentioned, it also clears up some
administrative project items. We had a particular change order that
went to the Board previously that was executed after a substantial
completion date. The work has all been completed. There's been
no damages to the county. So as part of this item, we're requesting
the waiver of those liquidated damages and adding the additional
time to the contract to effectively complete the balance of this
infrastructure.
And so with that, I'm here before you today to answer any
questions and bring before you the recommendation for approval of
this particular change order, associate additional time to the
agreement with Mitchell & Stark, and the waiving of the liquidated
damages.
March 26, 2024
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I'm here to answer any questions that you may have.
CHAIRMAN HALL: Commissioner McDaniel.
COMMISSIONER McDANIEL: I don't have any questions. I
just -- I would like to maybe have you just reiterate that this new
facility -- this northeast wastewater/water facility has been on the
county's books since 2000 when we initially acquired that piece of
property. And it is the -- for now, the last piece of the triangle for
the entire county's service of wastewater and water services. It
allows for interconnection between our already existent plants. And
you correct me if I'm wrong.
MR. McLEAN: Absolutely, absolutely, you're correct.
COMMISSIONER McDANIEL: Because we're -- your
highlighted information here has to do with the known growth that's
coming in the eastern portion of the community. But, you know. I
recall a discussion I had with the previous administration when I first
got elected that we had storage tanks at our south plant that we were
having issues with preventative maintenance for fear of taking them
off-line because of potential service interruptions, and by having this
facility up and functioning, it's going to provide an enormous benefit
to the -- to the entire county, not just -- yes, it is going to
accommodate this known growth that's coming, but it's an integral
part of the basic life-sustaining infrastructure that our community
needs.
MR. McLEAN: I appreciate those comments, Commissioner.
I would characterize it as we are a regional system.
COMMISSIONER McDANIEL: Yeah, exactly.
MR. McLEAN: You know, our plants are interconnected. We
take a great deal of pride on operating and continuing to invest in our
infrastructure, and the engineering reliability and interconnectivity on
a regional basis allows us to do exactly what you've described.
We have the ability to continue to rehab and rehabilitate existing
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plants, existing in-ground services, existing collection systems. And
as we continue to grow the utility, it's important to have that
continued interconnectivity to be able to do to.
COMMISSIONER McDANIEL: You know, Commissioner
Saunders, you and I, when we first came in, we acquired the
Orangetree facility and then the FGUA facility there in Golden Gate
City, and I recall one of the statements that you made, and I
concurred 100 percent with the statement and that when we acquired
the FGUA, that it might have been one of the most important things
that we did for the community as far as a benefit goes.
And having this northeast regional facility and its
interconnection with these smaller utilities that we've already
acquired is just an integral part of fulfillment of that regionality that
we need to have.
So I'm going to make a motion for approval.
COMMISSIONER SAUNDERS: Second.
CHAIRMAN HALL: We have a motion and a second for the
approval of this $4.8 million change order. 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: Done deal.
Item #11E
THE CHAIRMAN TO EXECUTE A ONE-YEAR RENEWAL OF
AGREEMENT NO. 22-7979 “TOURISM INTERNATIONAL
March 26, 2024
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REPRESENTATION - UK AND “IRELAND MARKET” WITH
OMMAC LTD., FOR FLAT ANNUAL FIXED PRICE OF $120,000
($10,000 PER MONTH), AND REIMBURSABLE EXPENSES FOR
TRAVEL, REGISTRATIONS AND MISCELLANEOUS FOR UP
TO $80,000 TOTALING $200,000 ANNUALLY AND MAKE A
FINDING THAT THIS ACTION PROMOTES TOURISM.
(COMMISSIONER MCDANIEL’S REQUEST) - MOTION TO
APPROVE BY COMMISSIONER LOCASTRO; SECONDED BY
COMMISSIONER MCDANIEL – APPROVED
MS. PATTERSON: Commissioners, that brings us to Item
11.E, formerly 16.F.4. This is a recommendation to approve and
authorize the Chairman to execute a one-year renewal of Agreement
No. 22-7979, "Tourism International Representation - UK and
Ireland Market" with OMMAC, Limited, for a flat annual fixed price
of $120,000 and reimbursable expenses for travel, registrations, and
miscellaneous for up to $80,000, totaling $200,000 annually, and
making a finding that this action promotes tourism.
This was brought to the regular agenda at Commissioner
McDaniel's request. And I believe before we get started on this
item, we just wanted to introduce our new tourism director, Mr. Tusa.
He may take a couple of minutes and say hello and tell the Board a
little bit about himself.
MR. TUSA: Thank you, Amy. I appreciate the introduction.
I'm Jay Tusa. I'm the new tourism director for Collier County.
I'm very excited about that role. Looking forward to working with
the commissioners and meeting with you one-on-one over the next
couple of weeks. Would love to kind of have conversations with
you on your thoughts on the tourism industry in Collier County.
I've had some great conversations with Amy and Dan already
through the interview process, and certainly those will be ongoing.
March 26, 2024
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A little history about me, I have 25 years of experience in the
travel industry, most recently served as the assistant airport director
for the Pensacola International Airport for strategy and development.
Probably my most relevant experience related to Collier County is I
was executive director for Walton County tourism where there I
oversaw the destination marketing of the county but also destination
development. I did a lot of destination development initiatives with
parking and beach park facilities, lots of growth there in those areas.
And then also some other experience back in Louisiana before I
relocated to Florida eight years ago, Louisiana Office of Tourism,
New Orleans Convention and Visitors Bureau, so lots of experience
with destination marketing.
But really looking forward to my opportunity, and I just wanted
to say hello and thank you for the opportunity, and looking forward
to working with you. And if anyone has any questions for me, I'd be
happy to answer anything I might be able to.
CHAIRMAN HALL: I'd just say welcome aboard. We look
forward to getting to know you and talking with you. Thank you,
Jay.
MR. TUSA: Great. Thank you.
MR. MELLEKY: Good afternoon. I'm John Melleky. I was
the co-interim director for tourism, and I'm also the art and culture
manager for tourism, and I'm here to answer any questions you have
on the OMMAC -- OMMAC contract.
So I have a presentation, or if you would like to ask questions,
I'm happy to do either one, whichever you prefer.
CHAIRMAN HALL: Commissioner McDaniel, do you mind
sharing with us your thoughts why you brought this forward?
COMMISSIONER McDANIEL: Yes. Well, my thoughts are
not a lot different than what they were the last time when this issue
got brought forward. And I -- I just don't want us to just go along
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doing what we've always done because we've always done it.
This is -- this a lot of money engaging specifically with
companies or people to attract tourists here. And I just want to -- I
want to know if thought has been given to a different way of doing
business.
It seems like -- it seems like, from the information that I've been
provided, that there is decent trackability with regard to the efforts of
these -- of these two agreements, but I just wanted to ask the
question -- and I know Commissioner LoCastro, he serves as the
chair now for the TDC. I did it last year. I just -- you know, I just
wanted to ask the question if consideration could be given or has
been given to doing business a different way.
MR. MELLEKY: Well, yes, and so let me talk a little bit about
it and the business and what's going on, because I think that's
important to understand, especially the competitive nature of these
markets.
So what we're doing is, first, we're trying to build the pipeline
and continue the pipeline of people coming from Ireland and UK in
this instance -- and Germany, the next one -- to come to Collier
County. So in order to do that, you need to always have some type
of presence.
Various organizations that are our competitors here in Florida,
there are 20 that have offices out in Europe. So part of that is how
do we do that but do it most cost effectively? And having someone
there to represent us actually helps with that. But then to address
what you also -- was your concern is how do we have a measure?
And talking with the organizations, it was looking at how they
deal with tour operators. When people want to come to Collier
County, especially from Europe, they book a tour or they go through
a tour operator, especially their first, second, or third time that they're
coming. It's a lot of easier to do. There's insurance. So in case
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something happens, they're going to get reimbursed and they're not
losing money, and it's a lot easier to do rather than booking
everything yourself. So these tour operators are really the conduit,
and the organizations there have those relationships with the tour
operators.
So working with the tour operators, then they also work with our
partners here, the hotels, and not always the big hotels, sometimes the
smaller hotels, that then the tourists can go into and really build that
relationship, and that's where the measure comes in is how many
room nights are those tours operators booking in our destination.
And once we figured that out, we then used that to measure the tax
collection and then used that to create our return on investment for
the costs.
This is something that we've done this year. We're looking to
enhance it even more as we move forward, but we thought that was a
great way to measure, because we're measuring the actual taxes, the
actual hotels that are booked and used, and then relaying it to a return
on investment.
COMMISSIONER McDANIEL: Okay. I guess my question
was more along the lines of actually contracting with somebody to
engage with potential tourists. My question was more along the
lines of direct advertising and, potentially, for less of a hard expense
because the way these -- the way these agenda items read, on the
surface it's 120,000, but it can be as much as an additional 80,000 in
travel and entertainment and additional reimbursable expenses.
MR. MELLEKY: So thank you. Yes, the hard cost, $120,000;
it's $10,000 a month. The other fees -- in this instance, it's $80,000.
Really, that's their budget for the year. So that's not -- that's the most
that they can spend. If they want to spend money, like let's say they
want to go to a trade show that's in Europe, that's already there, they
need to pay the registration fees, and we reimburse them.
March 26, 2024
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So what happens is they provide a project sheet. That project
sheet is then signed by the division director, signed, "Yes, this is what
we're going to do," and then that money can be spent.
So, really, that $80,000 is the max that can be spent. It's put in
our budget to budget that way. But each time they want to spend
any of that 80,000, it comes to us first before they spend it because
then the purchase order is set up that way so then they can be
reimbursed for it.
COMMISSIONER McDANIEL: I really wasn't questioning
that the process wasn't being followed. The question was a
little -- and maybe it's for you, our new director-to-be. I wasn't
really concerned about the validity of the expense. It just was an
additional expense over and above the contract amount and whether
or not a different approach could be accomplished.
MR. MELLEKY: That is something we can look at and talk
with Procurement about. And, again, we're tracking those expenses
to make sure that, one, they're not going over and, two, that it's a
reasonable cost and that it's something that is going to benefit us and,
again, related, then, to those rooms being booked.
MR. RODRIGUEZ: Commissioner, if I may, Deputy County
Manager.
Absolutely, we can look at that. In fact, with Jay coming on
board, with Sandra and John's help, we'll look at our marketing
strategy and come up with some new avenues that you speak of as
well as some other ideas that the TDC committee have as well and
the other commissioners and our County Manager and kind of bring
you a new strategy, a new approach that may give you some
opportunities that you can consider.
COMMISSIONER McDANIEL: Is there a fuse on this that we
have to approve this today from a contractual arrangement? I miss
the deadlines in this. Is --
March 26, 2024
Page 113
MR. RODRIGUEZ: I believe the contract expires this month,
if I'm not mistaken. John?
MR. TUSA: That's correct.
MR. RODRIGUEZ: And if you'd like, you know, we could just
renew the contract for now and let Jay get his -- get going on this, and
then we can consider what we're going to spend. As far as that
80,000, hold off on that, and come back to you with a strategy, if
you'd like.
COMMISSIONER McDANIEL: It's certainly up to -- you
know, this is a Board decision. It's just -- and I'm the one that has
brought this up. I'm not stomping my feet here just to -- I just want
to make sure that we're giving consideration to conducting business
differently. That's all.
CHAIRMAN HALL: I love it.
Commissioner LoCastro.
COMMISSIONER LoCASTRO: So this was a long discussion
at our TDC meeting. And, you know, I brought up similar views
because, I mean, this is real money.
And, Jay, here's the one thing -- I mean, I feel like I was
satisfied after our TDC meeting that we wouldn't change the way
forward and not to keep doing business the way that we do.
But there was a few homework assignments from our meeting,
which was better measurement. You know, stats are great and all
that, but here's the question I would pose to you: If we gave
$200,000 to the tourism of Ireland or whatever -- I'll oversimplify
this -- and then we measured all the people from Ireland that came
here and how much taxes they paid and all the dinners they went to
and, you know, the souvenirs they bought, if we didn't give them
200,000, what would be the delta change? Would all those people
still come because Naples is awesome and they've heard about it?
You know, they didn't need to read it in an Irish magazine. They
March 26, 2024
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know that Naples is an incredible place.
And if there was a delta but it was 3 percent less Irish people
that came to Naples, it might not be worth the $200,000 to capture
that tiny little bit and just do it because 20 other counties are writing a
check.
And so we want to feel good that we're not just sort of looking at
the stat sheet and going, "Yeah, we paid this much money, and
people from Ireland came." I know people from Ireland that have
come here, and they came here all on their own. You know, they
used TripAdvisor, booking.com, google.com, and they didn't need
anything to be put in their face from the, you know, city of -- or the
County of Collier.
And so that's what -- that's really the essence of what I think we
want to make sure we're getting to, that if we change
something -- and we had this conversation. You'll hear -- or if you
read the minutes from our last meeting about the investment we make
in TikTok.
MR. TUSA: I saw that.
COMMISSIONER LoCASTRO: It's not a billion dollars. But
when we were sitting there saying, wow -- you know, we looked at
the stats of all the amazing things we do, and then TikTok, it just
seems like we're kind of doing it to do it. And, oh, by the way,
TikTok right now doesn't have this -- doesn't have a great reputation.
Do we -- you know, is it really doing anything or, as
Commissioner McDaniel says, oh, we just fill all the boxes. We do
it because we do it, and all the other counties, you know, do it.
So I really -- I was encouraged and also impressed by the
discussion we had in the TDC meeting. Everybody was in
agreement that we really want to watch where these dollars go. And
we want a little bit more than just sort of the scorecard at the end
because the reality would be if we took that money away, would that
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scorecard really change significantly? You know, we might not be
comparing apples to apples. We might be comparing sort of apples
to chairs.
We spend this much money, and this is how many people from
Ireland come, but they might come anyway. And if the groups we're
giving our money to every single year look at it as kind of automatic
payment and not necessarily earning it, then maybe we want to take a
look at that.
Lastly, I'll just say what I did like is at the TDC meeting, there
was a lot of things shown about -- specifically about Naples in
foreign publications in those areas, so we're targeting those areas.
But, you know, the onion we want to peel back is if that little
four-page color article that showed the beautiful beaches of Naples
wasn't in that, you know, Irish or German magazine, would people
still know that the prettiest beaches are in Naples or, you know,
wherever in Florida? And, you know, are we really getting the best
bang for our buck? And -- you know, that's where we look, you
know, to your expertise.
MR. TUSA: I would say that -- to answer your questions just
briefly, I mean, obviously, it's something that we can look into. But,
you know, you do want to remain competitive, I mean, because if we
do pull back on advertising or perhaps stop advertising, that doesn't
mean that competing, you know, sister counties in the area who are in
competitive set, you know, will stop doing that. And so you very
well could lose some market share to that.
But to the point you just made, are you going to lose it all?
Probably not. People from Ireland are still going to come here
because they hear about it another way.
But, you know, these agencies provide a service in that they
know, you know, their market that they're representing us in very
well, much more so than what we do or perhaps our agency, you
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know, here in the States. And so there's definitely a benefit, you
know, to those agencies and knowing their markets.
So I would say from that standpoint that that is definitely a plus.
But as far as the metric and how we examine of what's being brought
out versus what's going out and what that ROI is, that's really
important, obviously, and that's something that we can take a look at.
COMMISSIONER LoCASTRO: I think what we concluded is
the part of the business that we don't want to keep doing the way
we've always done is the measurement that -- maybe brainstorm a
few more homework assignments for the people we're paying this
money to and not just have them sort of spit out a spreadsheet. And
it's more than that.
Actually, what was in front of us was pretty impressive, but then
you sit here and look at it and go, "Wow, if we took out the money,
how would these numbers change?" And, also, is there a deeper
dive that, you know, we could get so that we feel the investment is
worth it beyond a shadow of a doubt and not that we're just sort of,
you know, guessing?
We realize there's competing markets out there, but as we
always say here, there's only one Naples. So if you don't put a
four-page article in an Irish magazine about Naples, I don't think the
folks are going to go Wappinger Falls, Idaho [sic], instead. You
know, I think they're still going to find Naples. We want to make
sure that the TDC is really on top of it.
Lastly, I'll just add, and it's -- and I wanted to say this when you
were speaking. I'm the new chair representative on the TDC.
Commissioner McDaniel was it last year. We decided to switch it
every year. Commissioner Hall will do it next year after he's done
being chairman here.
In the short time I've been sitting in the seat, so impressed with
the man behind you, the other people on his staff that he's
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representing, and even the -- my fellow colleagues that sit on the
panel.
So I think, you know -- I don't want to say "I think." I know
that you're going to be equally impressed that the team you're
joining -- and even before we found you, you found us, the
conversation was, you know, we're not just sitting here on our hands
waiting for a director to walk in and show us what to do. You're
joining a group that has really been paddling in a very strong
direction and you know -- but we have a role, too, to make sure
that --
MR. TUSA: Right.
COMMISSIONER LoCASTRO: -- you know, those dollars are
accounted for properly and proven to be, you know, worthy of the
expense.
MR. TUSA: Yep.
COMMISSIONER LoCASTRO: So thank you.
CHAIRMAN HALL: So before I go to Commissioner
McDaniel, I wish I had the benefit of sitting in in the committee and
hearing the dialogue, because I -- but I don't.
So just looking at this, I love the fact that Commissioner
McDaniel brought this up for discussion, because just to do it because
we've always done it sticks in my craw a little bit, especially when I
look at 120 -- I look at 10 grand a month. What's the tourism taxes?
Is it 4 percent?
COMMISSIONER McDANIEL: It's a bunch.
CHAIRMAN HALL: Hmm?
COMMISSIONER McDANIEL: It's a bunch.
MR. MELLEKY: Five.
COMMISSIONER McDANIEL: It's 5.
CHAIRMAN HALL: So 5?
COMMISSIONER McDANIEL: Yes.
March 26, 2024
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CHAIRMAN HALL: So we have -- we have to book $200,000
worth of rooms every month to collect the 10 grand -- to collect the
10 grand worth of expenditure. And so I just look at it from a
business perspective. Instead of paying the upfront expense and
trying to justify the money with maybe fuzzy -- fuzzy numbers or
fuzzy math or assumed -- assumed benefits, why can't we pay them
commission and just pay them based on what they actually do and set
that commission rate based on not to exceed 10 grand a month? It's
one way of looking at it.
Or I'm also willing to roll the dice and just say let's -- for this
year, let's not renew and take a look and see what we get from Ireland
and Germany. I mean, at the rates that I saw that we come back,
we're not going to lose a whole lot, but we have a whole lot more to
gain. Those are just some thoughts that I wanted to put out there,
so...
Like -- again, I wish I had the conversation. I wish I had the
benefit of hearing the conversation, but I don't. But those are my
thoughts.
Commissioner McDaniel.
COMMISSIONER McDANIEL: If I'm not mistaken, the TDC
is recorded and televised, if you have the time. So you can -- you
can do that.
I'm going to make a suggestion that we continue these items to
our second meeting in March and let our new director have a
review -- I think we're hitting on how we're doing what we're
doing -- if we can do that. Can we do that to --
MS. PATTERSON: The second meeting in April?
COMMISSIONER McDANIEL: This is our second meeting in
March. Yes. Are these contracts coming up at the end of March?
MR. MELLEKY: Yes, at the end of March.
COMMISSIONER McDANIEL: So we really can't continue.
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MR. TEACH: If I can I provide a comment.
Your -- these -- both these contracts, you're at your renewal term, but
they both also provide termination-for-convenience provisions that
allows the county to terminate for convenience, and the vendor is
only paid through the work done through the date of termination.
So I'm looking at the contract right now. It says there's a flat
annual fixed price paid monthly in equal installments, $120,000 lump
sum, but it's paid $10,000 monthly. So you could, if the Board
wished to, approve the item, undergo what type of study you wish to
undergo to see whether it's a practical method of going forward, and
if at some point you wish to terminate for convenience, you could
still do that, and under the agreement, they would be entitled to be
reimbursed for the work that they did up till the date of termination.
CHAIRMAN HALL: Yeah. Or we could not renew and test
the will of the vendor to see how bad they want the business.
COMMISSIONER McDANIEL: You know --
COMMISSIONER LoCASTRO: That's what I talked about at
the TDC.
COMMISSIONER McDANIEL: It bodes the question, you
don't know until you know. If you don't -- if we renew the
agreement, we renew the agreement, and we have the expenditure
except for -- because I'm not talking about -- I don't want to say this:
We're not going to stop advertising. My thought was what if we
spent -- what if we spent 60,000 in those markets in direct that -- in
direct, focused advertising and compare that to the generation that's
coming from these agreements? And so that's the exploration that
I'm necessarily thinking about.
I actually had a comment with a friend yesterday along those
same lines. Why don't we move these agreements to be more
specific on a commission basis, generation of -- generation of actual
tourists? So -- and it may not be possible at that stage to get to those
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thought processes.
CHAIRMAN HALL: Commissioner LoCastro.
COMMISSIONER LoCASTRO: Thank you, Chairman.
So this was all conversation that we had in the TDC. I like how
we're accelerating the competitive nature of how we spend this
money.
One of the things I would say is I'm sitting here looking at a
brand-new person that just got hired that's going to be the top
director. Hearing Scott say, "Legally, you know, renew the
document, and at our meeting that was brought up that this -- yeah,
it's a contract, but we can get out of it anytime." And I think even at
the discussion -- I mean, correct me if I'm wrong. In the past, some
of these contracts were more than a year, and one of the things we
talked about was, "Okay. Then let's not give them a five-year
contract."
And even though we can get out, the impression was, hey, this is
a promise kind of thing but, hey, legally promises can be broken; but
that was one of the changes that we made is that -- not these
multi-year contracts. But I would sit here and say, based on what I
just heard from legal, you know, you're a key member of the team
that just got added. You can see this is a hot topic that we want you
to dive into with the current team.
And, you know, I would like you to come back to us with a
recommendation. I don't see any harm in passing this so that we
don't have a break in action, and that's what we talked about in the
TDC meeting. But, you know, at the next meeting, coming back, or
when you have a deeper dive collectively -- and we'll talk about it in
the TDC meeting as well.
But everything you're hearing up here is -- if you watch the tape
from the TDC meeting, this was our conversation, and we elected for
this to go forward to the commissioners. But it was -- it's almost like
March 26, 2024
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the same conversation is that is this really worth the money?
So, you know, I mean, I would make a motion to approve this
but with a little asterisk and say, you know, you, as the new director,
you know, put this high on your list, because we're sitting here
approving something that I wouldn't say we have reservations about,
but a lot of questions as to its value, and that -- I think everybody
here is in agreement. We've had this conversation before, so -- but it
sounds like you've got a comment.
MR. TUSA: Just a quick comment. So be happy to go back
and look at this. I mean, I'm day two on the job, but certainly have
some familiarity, obviously, with international markets.
I'd be happy to, you know, talk to the team, and then if you
indulge me, let me talk to the TDC council at their next council
meeting, and then you can have their input as well as the team's input,
and then that can help you make a better-informed decision after that
TDC meeting, if that timing works for the Board.
CHAIRMAN HALL: Go ahead, Commissioner McDaniel.
COMMISSIONER McDANIEL: I'm okay with, I mean, with
approving the agreements as they are. Let's -- I think
Mr. Rodriguez's comment with regard to the base contract being
agreed upon, no additional expenses until we've done an
investigation. I'm going to give you till Day 4, not Day 2, to be
coming up with these answers, so...
But I'm okay with going forward, and as our County Attorney
has said, if we find a better mousetrap, we have an opportunity to
make some adjustments as we go. So I'm okay with doing that.
I want it to be said I don't want to have an expiring contract
coming to this board three days, four days, five days before it goes
out. I don't want it -- I don't want that to happen anymore. I would
like for us to be able to have the flexibility to be able to continue an
item, have these discussions. There's -- I'm the one that pulled these
March 26, 2024
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agenda items off the consent agenda, but there's certainly -- there's
certainly some additional thoughts up here that need to -- need to
have some discussion and a little more time with the expiration. I
mean, with a known contract, this is -- this expiration date was
coming at us for some time.
So with that, I'll second the motion for approval.
CHAIRMAN HALL: One second, Commissioner Kowal.
I get the rationale, but there's just something in me -- we're not
talking about a big deal here, but we are talking about -- they've been
doing this 10 years. There is something in me that would like to let
that thing go -- expire and test the will of the vendor.
COMMISSIONER McDANIEL: Me, too.
CHAIRMAN HALL: And that way we can -- you know, we
can come up -- and we -- it's the perfect time to have the
conversation, if we do, with the vendor. We can blame it on
ResourceX. We can blame it on, you know, "We're looking at really
cutting our budget, cutting the ways -- cutting the redundancies,
cutting our -- looking at our processes, and you've fallen that in
category. So if you can just bear with us, we'll be back -- we'll be
back with you." That's an easy conversation to have with the
vendor.
The assumption is, oh, they'll go away, and we'll lose all this
business. And I don't think so. They've been -- this is gravy train
for them. Ten years of 10 grand a month, every month, they're going
to swallow hard if they were to hear that conversation.
So, Commissioner Kowal.
COMMISSIONER KOWAL: Thank you, Chairman.
I'm going to support what we've been -- Commissioner
McDaniel and Commissioner LoCastro's saying today. You know,
let's don't let this expire. Let's just keep the avenues open with these
organizations.
March 26, 2024
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But if this is more -- I'm asking, trying to self-educate myself,
because I don't know as much as you guys do about this. But this
Tourism International, this is a group that we pay this money to in
these two different jurisdictions, Germany, UK, and Ireland -- or
three.
What's to say that we don't advertise ourselves directly to these
tour organizations and say, "Hey, Collier County has a little bite at
the apple here" -- because it seems like we're going through a
middleman to get the tours to bring the people here? You know,
now they know. Say, hey, Collier County has so much money set
aside. Let's just get a piece of this -- bite of this apple directly if we
can show we're bringing people to Collier County, and not so much
relying on Tourism International to represent us in this market. I
mean -- I mean, is there a possibility for that to be a way to do this?
MR. TUSA: There is an advantage, because those agencies
have the relationship with the operators. And, obviously, like, with
the German market -- I mean, UK, that's English language, so that's
not a super-big challenge there as far as language barriers, but, you
know, when you're dealing with German operators, I don't speak
German, so...
COMMISSIONER KOWAL: I have a phone that has a
translator on it right now. I mean, this is 2024, last time I checked.
MR. TUSA: But it's also, Commissioner, just the relationships
that these agencies have with these operators. You know, they do
operate with these -- you know, conduct business with these
operators on a daily basis. They have the relationships. A lot of it
relationship-based.
COMMISSIONER KOWAL: I guess what I'm asking is what
do they get out of it working with Tourism International, these
operators?
MR. TUSA: The operators?
March 26, 2024
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COMMISSIONER KOWAL: Yeah.
MR. TUSA: I mean, they get the business. I mean, you know,
when -- through --
COMMISSIONER KOWAL: Isn't it all about the business?
Aren't we the business?
MR. TUSA: We are the business, yeah. I mean, ultimately. I
mean, we're the reason why they're coming to -- I mean, if they
choose Collier County, Naples, then, yeah, then that's -- we're the
business. They're coming here because they want to go to Naples.
COMMISSIONER KOWAL: But I'm pretty sure that these
independent operators that run these tours are not just doing it
because they like somebody that works for Tourism International.
MR. TUSA: No, no, no. Don't --
COMMISSIONER KOWAL: That's what I'm trying to find
out. What are they getting by participating with them and ultimately
coming here, which is the product, which they want to -- the people
want to come here? See, we almost, like, have a middleman that's
doing something that we could probably do on our own. That's all
I'm asking -- I'm just asking. I'm trying to educate myself.
MR. TUSA: Yeah.
MR. MELLEKY: Oh, just -- yes, the tour operators are making
money from the people who are booking the tours, but also, those
representatives of the OMMAC and DiaMonde are our
representatives there, so they're an extension of our staff in our office
there. So that then, also, our staff isn't traveling to there, because to
travel there costs $5,000 a month -- I'm sorry, one trip would cost
$5,000, between airfare, hotels, and there. So, really, it's a cost
savings as well because it's an extension of what we have for our staff
there.
COMMISSIONER KOWAL: I guess what I'm trying to say is,
you know, in this day and age, do we need a human being there
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actually advertising Collier County?
MR. MELLEKY: You can place advertising there. But, for
instance, OMMAC worked with British Airways to move our ad
from the bottom of the page up to be the second block, and that's
what they do. They help get us better exposure, working with those
tour operators, to then bring people here.
Also, then, let's say a tour operator is looking for a hotel. They
will do the connection with the hotels here so that, then, that tour
operator's booking into the hotels here and providing that -- the
rooms for their tour and the people visiting here.
COMMISSIONER KOWAL: Like I said, this is purely
educational questions for myself --
MR. MELLEKY: Yeah.
COMMISSIONER KOWAL: -- to see if there's another way to
attack this, you know, in a way that we're not boldened just to one
organization getting $10,000 a month.
MR. MELLEKY: And also the tour operators will sell
packages. So as the people come, they're coming not just to Naples.
They'll come in either through Orlando, Tampa, Miami, and then
kind of do a circuit around Florida. Because think about if you
travel to Europe and you go on a tour, that's what these tour operators
are doing. They're building those tours.
So working with that tour operator to then have them stop in
Naples versus a Sarasota versus a Lee County versus a Miami where
you can go to the Everglades in Miami, we want them to go to the
Everglades here.
COMMISSIONER KOWAL: Thank you.
MR. TUSA: Real quick, and it is a little bit more than just
hotel rooms; it's also packages. And so they may come in and have
an excursion where they go out into the gulf to go, you know, fishing
or, you know, dolphin tour, manatee tour, something like that, or they
March 26, 2024
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come economic in to go shopping. Obviously, shopping's a big
thing with international visitation, golf. So there's more than just
hotels in that dynamic.
CHAIRMAN HALL: Did you make a motion?
COMMISSIONER LoCASTRO: He made the motion, but I
just want to clarify that we're going to go ahead and approve 11.E
and F, if that's okay with the Board.
CHAIRMAN HALL: Yes.
COMMISSIONER McDANIEL: My second was 11.E and F.
I'm not sure that the motion maker was okay with that.
COMMISSIONER LoCASTRO: Yeah. No, absolutely. But
I would say what you're hearing here -- and I don't want to say, like,
you know, if this passes, there's an asterisk on it, but it is. I don't
think we want to see a break in this -- in the action here without
having -- you know, giving you a chance to get your feet wet a little
bit.
But this is something actually been talked about here for a bit.
And so -- and, you know, hearing our legal expert say we have an
out, I don't think it hurts anything to not have a break in this action
and give you a chance to dive in here and tell us, you know, your
thoughts, but, you know, we need it sooner than later --
MR. TUSA: I appreciate that, Commissioner.
COMMISSIONER LoCASTRO: -- because this is real money.
CHAIRMAN HALL: All right. I've got a motion to approve
of 11.E and 11.F at the same time, and a second. All in favor, say
aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN HALL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER KOWAL: Aye.
March 26, 2024
Page 127
CHAIRMAN HALL: All opposed?
(No response.)
CHAIRMAN HALL: Good job.
MR. TUSA: Thank you, Commissioners.
Item #15B
STAFF PROJECT UPDATES
MS. PATTERSON: Commissioners, we do have a staff update
that is not on the agenda. It came about late, on our Headworks
project. Now might be a good time to do 15.B, staff project updates,
get Mr. McLean up, because we do have our 2:30 time-certain
coming up and we, perhaps, want to take a court reporter break
before we start that one.
MR. McLEAN: Again, Matt McLean, your division director
for Engineering and Project Management with the Water and Sewer
District.
Appreciate the opportunity just to give a little quick update to
the Board relevant to one of our major infrastructure projects, our
North County Water Reclamation Facility, pretreatment facility.
We've come before the Board -- we're making it a point to come
every six months or so, or every quarter, as necessary -- by the Board
just to give an update of what's been going on.
We've actively been under construction now since late August.
Happy to just give you the highlight report that we are still working
within the confines of the project schedule and the project budget.
We have had a few unforeseen circumstances come up on the job to
date relative to some boulders underground, infrastructure that we
weren't expecting where we were drilling some of our stone pile
installation. We've passed that milestone. We're converting that on
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over into a change order as we speak.
We also had one minor work directive relative to an existing
pipeline that, when we dug it up, was not the same size or type. So
we had to do some minor adjustments on some fittings and stuff on
that.
But, again, this is a project that the Board has supported us. It's
a major infrastructure project that will be leading us into the future
for the continued utility.
I want to share a couple quick pictures with you so you can see
what's going on, and then at the end, more than happy to schedule
any type of on-site tour with Dr. George and myself and others, as
necessary, to really get you some boots on the ground. But we've
been actively working very diligently on this project over the course
of the last several months.
Enclosed are some pictures of the stone pile installation. We
have over 200 stone piles that were installed, providing the
foundational needs to support us as we continue to start the
build -- the building up.
On the far right, you can see the vibratory equipment that
actually shakes down in the ground 30 to 40 feet, and then it gets
backfilled back up with stone as we continue to build up the stone
columns.
Where we ran into some big boulders, they had to bring in
additional equipment to actually drill through those areas. You see a
few pictures of that on the left. But we've been successful now in
now completing that section of work which has led into the
installation of the underground pipelines that are, effectively,
underneath the building. I mean, this pretreatment facility is the
heartbeat in the beginning of the plant. It is the first pretreatment
process. We have several pipes that come in bringing raw
wastewater in, and from this facility, we'll have a multitude of
March 26, 2024
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different pipes that are going to all different process equipment stages
within our water reclamation facility up at the north county site.
So here you can see several of those pipes as they've been
installed. Those pipes themselves, we've got a few good aerial shots
of those same pipes. They're all encased in concrete, so you're
seeing some of the encasement of concrete where these pipelines are
underneath the building. We need to make sure that they're
extremely stable and solid, so the engineer plans included the
encasement of those pipes that are underneath the building footprint,
if you will.
Here's a couple other shots of that where you can see where the
rebar and forms are being installed around those pipelines that have
been installed underneath the building in preparation for the concrete
encasement, and the pouring of the concrete around several of those
pipes.
And then here's a good shot as you're looking east towards the
regional park that kind of gives you an idea of the magnitude of the
footprint of the future building. All these pipes are getting stubbed
up now. We've currently almost completed now with all of our duct
bank work in preparation to get done by the end of this month so that
we can turn it over to the concrete folks to do the foundations and
start to do our structural fills and foundation pours for the slabs.
That's when it's going to start to get exciting for us, because you're
going to get to see a lot of work going on here and significant
concrete pours.
And with that, I'm here to answer any questions.
CHAIRMAN HALL: Does the tour come with popcorn?
MR. McLEAN: I'm sure we can probably arrange good, clean
water and potentially popcorn.
CHAIRMAN HALL: Thanks, Matt.
COMMISSIONER McDANIEL: IQ water.
March 26, 2024
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MR. McLEAN: Not IQ water. We have good potable water.
Thank you. But we appreciate the opportunity to be before the
Board. It's a very critical project for us.
COMMISSIONER KOWAL: No fluoride.
MS. PATTERSON: Commissioners, our final items are public
comment not on the -- that wasn't heard earlier, which I don't know if
we have anybody. We can check again after our 2:30 time-certain,
and then we have commission and staff communications, which I
assume you'd like to hold till the end.
So at this point, we just have about 18 minutes till our
time-certain if we'd like to have a court reporter break, and we could
start fresh at 2:30.
CHAIRMAN HALL: Let's do that, and we'll come right back
at 2:30.
MS. PATTERSON: All right.
(A brief recess was had from 2:12 p.m. to 2:30 p.m.)
MS. PATTERSON: Chair, you have a live mic.
CHAIRMAN HALL: All righty. Let's let this party begin.
Item #11A
DOCUMENTS RELATED TO THE DEVELOPMENT OF
HOUSING AT THE FORMER GOLDEN GATE GOLF COURSE:
SECOND AMENDMENT TO DEVELOPER AGREEMENT
WITH RURAL NEIGHBORHOODS, INC., 2)
TERMINATION OF COLLIER COUNTY STANDARD
FORM LONG-TERM GROUND LEASE, 3) COLLIER COUNTY
STANDARD FORM LONG-TERM GROUND LEASE (PHASE 1 –
ESSENTIAL SERVICES HOUSING), HUD LEASE ADDENDUM
AND PHASE 1 EASEMENT, 4) COLLIER COUNTY STANDARD
FORM LONG-TERM GROUND LEASE (PHASE 2-SENIOR
March 26, 2024
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HOUSING) AND PHASE 2 EASEMENT, AND 5) LAND USE
RESTRICTION AGREEMENTS FOR EACH PHASE AS
REQUIRED BY GRANT FUNDING SOURCES, ONCE
DEVELOPED AND APPROVED FOR LEGALITY.
(COMPANION TO ITEM 11B) (ED FINN, DEPUTY COUNTY
MANAGER) (DISTRICT 3) - MOTION TO APPROVE BY
COMMISSIONER LOCASTRO; SECONDED BY
COMMISSIONER HALL – APPROVED (COMMISSIONER
KOWAL OPPOSED)
Item #11B
INCOME SHARING AGREEMENT FOR PHASE I,
RENAISSANCE HALL AT OLD COURSE, AT THE FORMER
GOLDEN GATE GOLF COURSE, ALLOCATING SHARED
INCOME AS FOLLOWS: 50% TO RENAISSANCE HALL AT
OLD COURSE, LLC, 25% TO COLLIER COMMUNITY
FOUNDATION, INC., AND 25% TO COLLIER COUNTY, THE
PARTIES TO THE AGREEMENT. (COMPANION TO ITEM 11A)
(ED FINN, DEPUTY COUNTY MANAGER) (DISTRICT 3) -
MOTION TO APPROVE BY COMMISSIONER LOCASTRO;
SECONDED BY COMMISSIONER HALL – APPROVED
(COMMISSIONER KOWAL OPPOSED)
MS. PATTERSON: That brings us to our 2:30 time-certain.
These are companion items, Item 11.A and 11.B. 11.A is to approve
the following development related to the development of housing at
the former Golden Gate Golf Course.
One, second amendment to developer agreement with Rural
Neighborhoods, Inc.; two, termination of Collier County standard
form long-term ground lease; three, Collier County standard long
March 26, 2024
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form -- form long-term ground lease, (Phase 1 - essential services
housing) HUD lease addendum, and Phase 1 easement; four, Collier
County, standard form long-term ground lease (Phase 2 - senior
housing) and Phase 2 easement; and, five, land-use restriction
agreements for each phase as required by grant funding sources once
developed and approved for legality.
The companion item, 11.B, is to consider approval of
income-sharing agreement for Phase 1, Renaissance Hall at Old
Course at the former Golden Gate Golf Course allocating shared
income as follows: 50 percent to Renaissance Hall at Old Course,
LLC; 25 percent to Collier County -- Collier Community Foundation,
Inc.; and 25 percent to Collier County, the parties to the agreement.
Mr. Ed Finn, your deputy county manager, will begin the
presentation on these two items. We will be starting with Item 11.A.
MR. FINN: Thank you, ma'am. Thank you, ma'am.
Appreciate that.
Mr. Chairman, if I may.
Last time we met on this project was February 27th, and on
February 27th, the Board was kind enough to grant a funding
extension for the project to today.
I'm going to not necessarily recite everything Ms. Patterson just
said, but we do have a number of documents for approval today.
The companion item is Item No. 6. These documents, generally
speaking, kind of reverse out the current lease on the entire parcel
and substitute, instead, two separate leases. The two separate leases
coincide with Phase 1, which is the essential -- essential personnel or
essential workforce housing. The second phase, Phase 2, is for
senior housing.
Just a little timeline here. December of 2019 we advertised the
ITN for this project. June 2020 the Board selected Rural
Neighborhoods and directed staff to negotiate a developer agreement.
March 26, 2024
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That developer agreement was approved on November -- or in
November of 2020.
One of the contingent factors in that developer agreement was
the completion of the zoning on the golf course to allow for housing.
That PUD was approved on April 26th, 2022. On April 25, 2023,
the Board approved a first amendment to developer agreement, that
initial long-term ground lease, which was a single lease for both
phases of the project, and $1.5 million in SHIP funding.
On October 24, 2023, the Board approved the comprehensive
funding allocations to support the Rural Neighborhoods, Inc., project.
And as I mentioned before, on February 27th, the Board extended the
financing deadline to today.
Since then, on February 29th, Prudential Real Estate, the
underwriter for the loan, approved the loan amount of $56,000 for the
project and submitted a firm application for a multifamily housing
project to the U.S. HUD. The developer has also obtained executed
agreements under the U.S. HUD community project grant,
$2 million; Florida SHIP, 1.5 million; Collier Community
Foundation and Moorings Park Foundation support of $10 million.
Additional, Collier's International has issued a notice of intent to loan
up to $10 million as a secondary mortgage on the project.
The BCC has approved awards of State and Local Fiscal
Recovery Funds, and the developer awaits preparation of the grant
agreements for those. The developer also awaits U.S. HUD approval
on the first mortgage loan guarantee, which it expects to obtain by or
before May 30, 2024.
The documents proposed for approval request to extend the
funding commitment deadline from today to May 30, 2024, to
accommodate those timelines.
And if I may, a little bit on permitting. Submissions to FDEP
and the South Florida Water Management District local building
March 26, 2024
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department have been made and are in progress. DEP has accepted
the Soil Management Plan that mitigates environmental concerns on
the residential tract. SWFWMD is currently reviewing the
Environmental Resource Permit. The application for a floodplain
modification has been submitted to FEMA for review, and the Site
Development Plan, after a couple of submissions, I understand now
has been approved.
So having said that, just -- I'm just going to take a moment to go
over the first developer agreement. That modified some the terms,
principally, and provided adjustments to Exhibit B, which are the
units. It firmed up the number of units to 252 essential service
provider units, which is Phase 1, and 120 senior units, which is Phase
2.
It adds lower-income units, which are 50 percent of AMI,
50 percent of rent level, eliminates units at the high end. That was a
necessity for the SHIP financing, as I understand it. It shifts about
35 units from 80 percent AMI and 80 percent rent to 120 and
100 percent rent level, and it shifts approximately 142 units from 120
AMI/80 rent to 120 AMI/100 rent level.
So those -- all those changes at the time were presented as
assisting and meeting essential service personnel. Housing
approached them, that this project was developed under, and it also
assists in the financing for the project.
At the same time, as mentioned before, we extended the -- that
was the initial extension to late February that subsequently has been
moved to today on the funding commitment.
This is just a little chart of what those changes to the housing
units look like. So if we separate it by rent AMI criteria, you can see
that the 80 percent and lower was 33 percent on the previous
approach. It is now 20 percent with 22 units moving to the
lowest -- lowest tier, which is 50 percent. The tier of 100 percent to
March 26, 2024
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what is now limited to 120 is, essentially, that essential service
provider category. That moved from 67 and moved upward to
80 percent. The senior housing is shown just for completeness.
That will proceed subsequent to the funding -- the funding of this
project.
Just to give you a sense of the Phase 1, the construction pro
forma looks like that. You can see the sources of funds are listed at
the top with the HUD loan, the SHIP grant, the Foundation
contribution. What's identified there is the cash flow surplus note is
essentially interim financing a short-term loan to get through the
financing requirements here.
The grants from the county there are the next two. The HUD
EDI grant was obtained by Renaissance -- Renaissance Hall or Rural
Neighborhoods directly. Rural Neighborhoods' voluntary loan is
plugged into this, and you can see in the permanent total is the
deferred developer fee, which is essentially being held by the
developer. The expenditures are noted below.
Again, this is the funding approach that the Board approved last
year and, perhaps, at the top is the Phase 1 or the essential services
that we're dealing with now. Down below is the senior housing.
And, graphically, the Phase 1 commitment looks like this. If
we were to source out the 18.4 million committed by the county, that
is the way it would source out. The surtax portion is earmarked for
the property, and the surtax was always earmarked -- always
earmarked both for this project and certainly for housing in general.
COMMISSIONER LoCASTRO: Mr. Finn, can you just go
back one slide. I was looking at something, and then you switched
slides on me really quick. It will just take me a second. I just
wanted to refamiliarize myself with these numbers.
Okay. Thank you.
MR. FINN: So the key lease and development terms embodied
March 26, 2024
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in those numerous documents you saw, this is a 99-year lease
term -- 99-year lease term; 21.7 acres in total. The breakdown for
Phase 1 and Phase 2 is the second bullet. The nominal rent is $10 a
year.
As I noted before, embodied in these documents is a
funding -- extending the funding commitment to May 30. The
county may terminate the lease if Rural Neighborhoods cannot secure
a funding commitment for Phase 1. If the Board approves this, that
date would then become May 30, 2024.
Phase 1 construction to commence within six months of the
funding commitment. Rural Neighborhoods is required to diligently
pursue and complete construction within 24 months from the
commencement of construction, and the Phase 2 funding
commitment is required within 12 months of obtaining the Phase 1
funding commitment.
The companion item -- and I'm going to attempt to roll these
together a little bit just for orientation -- is the income-sharing
agreement, and this has to do with the distribution of cash flow
following project completion. What's contemplated here is that cash
flow being distributed for 40 years, which is the initial term -- I'm
sorry -- the initial loan from HUD, the term of that loan. Project
distributions to the parties in the pro forma, which is subject to
change, is approximately $221 million over those 40 years.
The 25 percent projected to be distributed to Collier County,
again, in the pro forma represents $55 million. The same share is
provided to the Collier Community Foundation, to the Rural
Neighborhoods' donor directed Collier County Housing Fund and the
Rural Neighborhoods General Fund. Pursuant to the agreement,
cash flow distributions will be utilized for the provision -- continued
provision of affordable -- affordable housing.
With that, I'll be happy to entertain any discussion, or we
March 26, 2024
Page 137
could -- perhaps if there are some speakers on the subject, we perhaps
could hear from them.
CHAIRMAN HALL: Commissioner McDaniel.
COMMISSIONER McDANIEL: Yeah. My first question is
semantics. Shouldn't we be approving No. B first with regard to the
extension of the financing before we dive off into this litany of
agreements in A? Because if we don't approve the financing,
approving these --
COMMISSIONER LoCASTRO: Doesn't matter.
COMMISSIONER McDANIEL: -- documents doesn't matter.
MR. FINN: What you call semantics seems like a
logical -- logical approach to me, yes, sir.
COMMISSIONER McDANIEL: Sorry about that. I'm not
sorry. I'm just asking that question. I was -- it was curious for me.
You know, we're having a -- we're having a discussion about an
engagement on a lot of documents that have -- that are all triggered
by the approval of the financing. Construction to start in six months,
second phase construction within 12 months, so on and so forth.
And so I'm just wondering if it wouldn't be prudent for us to
work on the extension of the financing first and then come back
around to this and have a discussion about that.
MS. PATTERSON: Mr. Finn, the extension of the financing is
embodied in the documents in 11.A, but we can discuss the extension
of the financing separately, and from there -- roll from there.
Because Item 11.B is the income-sharing agreement, which is
distinctly separate from everything else that's in 11.A. But to your
point, everything is driven by the extension of the financing.
COMMISSIONER McDANIEL: That's correct.
CHAIRMAN HALL: Well, if it pleases my colleagues, I
would like to have the conversation of both together. We can
ultimately vote on one or the other.
March 26, 2024
Page 138
COMMISSIONER McDANIEL: Okay.
CHAIRMAN HALL: But for the sake of conversation, I
welcome any comments regarding both items.
COMMISSIONER McDANIEL: All right. Do we -- are we
going to have a presentation by Rural Neighborhoods, or are we just
going to be firing our questions to staff?
MR. FINN: Mr. Kirk is in the room. I believe he's registered
to speak. But, certainly, if the Board wants to address him directly,
I'm sure he'd be more than happy to respond to your questions.
CHAIRMAN HALL: Commissioner LoCastro.
COMMISSIONER LoCASTRO: Thank you, Chairman.
I might have pushed my button prematurely, because after I
pushed it, I looked at Troy, and I thought, okay, do we have public
speakers? Because when we have speakers from the public, it sort of
generates sometimes a change in our question, or it moves something
else to the top.
I'll just go on record and say, I'm a big fan of this project. I
don't want to waste money. I don't want to do something stupid, so
it doesn't mean we don't talk about it.
But you dump this project in 50 other counties, and they're
dropping rose pedals at the feet of these folks. I'm not saying that
means we automatically rubber stamp this -- and we get accused of it,
and I've never seen us rubber stamp anything up here. So if there's
pencils to sharp and, you know, I's to dot and T's to cross, then let's
do it. But we've lost some good projects in this county before.
We've lost purchasing land under Conservation Collier because we've
dragged our feet, and, you know, we split hairs on things. And in
the end, you know, we didn't do what was best for the county and
what was needed for our county.
This one I start to feel like it's starting to feel that way. And
you've got, you know, folks that could take a deal like this and
March 26, 2024
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virtually maybe fit it in places other than Collier County. I'm not
saying that that's what they're doing. But I'd really like to see us
have a healthy conversation and have this thing move forward.
And if there's -- if there's concerns, you know, as we often do,
we address those. But, you know, we don't do it at the sake of, you
know, kicking the can, stalling the project, missing out on an
opportunity.
So maybe that's premature, because I do want to hear public
comment. I do want to hear if they do have a presentation that
maybe we haven't heard before. I think all of us have spent a ton of
time with the folks in the audience here, you know, with you,
Mr. Finn. So I don't think there's a lot of, you know, ambiguity in
this project, at least there isn't for me.
I guess, just since I have the mic, I'll ask one of my questions
that is probably premature. But can you go to Slide 6 that showed
the change in the percentage of housing.
So, you know, those are substantial changes. I mean, we like to
see that -- you know, seeing that 80 percent of the essential services
housing is in the 100 -- 140 percent. You know, you want that
number to be lower, not higher. But I'm sure there's a reason for it.
I did ask that question and got an answer in my office, but for
the sake of going on the public record, why that change? It's not
ginormous, but it's noticeable, and it's not in the direction we
normally like to see.
So what's the short answer as far as, you know, was that -- was
that part of sharpening pencils and crunching numbers and some of
the things that we're going to talk about today required the team to
make those number changes in a direction we normally like to see go
in an opposite direction? You know, we like to see more units that
are in that 50, 60, 80 percent AMI, not less units. What can you tell
us, Mr. Finn?
March 26, 2024
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MR. FINN: Two things. When it comes to the mix of units
here, I'm ultimately going to defer to the experts, Mr. Giblin or
Mr. Kirk.
The 140 percent range was simply outside of the parameters that
we were shooting for, ultimately, with this. So, instead, we were
shooting for more realistic numbers for essential service providers.
And --
COMMISSIONER LoCASTRO: So those new numbers
are -- I mean, if I'm reading this right, they're at 0 for the 140 percent,
right?
MR. FINN: Yes, that's correct.
COMMISSIONER LoCASTRO: So I'm sort of asking things I
already know the answer to. But this slide is really key, especially,
to make sure we all understand it. You know, the final numbers in
that last column can be concerning, but then if you sort of peel it back
a little bit, you start to understand how the math is being, you know
maneuvered here.
I'm not saying I still love it, but, you know I know that there's a
reason for it. But seeing, you know, 0 in the 140 percent and the
bulk being in the 120 to the -- you know, the -- in the 120 percent I
get. But -- and I'm sorry I interrupted you, because you were
basically explaining that. But go ahead. If you'd finish your
thought, or if you need to defer to Mr. Kirk.
MR. FINN: No, I have. And I think, perhaps, we'll let the
experts deal with the actual rent parameters here. It might well serve
us all a little bit better than me. If that -- Mr. Chair --
COMMISSIONER LoCASTRO: Or you could wait. You
know, I mean, like I said, I just was here thinking out loud, and then I
looked at Mr. Miller and I thought, oh, I bet we've got some speakers
and, you know -- but that may be something to just put in your back
pocket so we're not jumping around, you know, from speaker to
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speaker.
But I agree with the Chairman, it's like, let's talk about this in
one big entity rather than, you know, try to nickel and dime this
thing. And it's one -- it's one big muscle movement here. We're
either doing it or we're not, or we're changing it somehow. But
having said that --
MR. FINN: No, I appreciate that. And I will -- Mr. Giblin just
kind of reminded me of something. So when you look at the chart,
you'll see that all the way up to 140 was capped at 100 percent of the
market rent -- or the target rent. So right now the shift was that rent
only applies to 120 percent.
COMMISSIONER LoCASTRO: Twenty [sic] percent.
MR. FINN: Right. So it kind of caps that subsidized rent.
COMMISSIONER LoCASTRO: Okay.
CHAIRMAN HALL: Commissioner McDaniel.
COMMISSIONER McDANIEL: All right. My questions
are -- on the pie chart you had 4.25 million appropriated out of sales
tax money to offset the land expense. How did we derive that? I
know this board -- we just approved a development down on 951 for
half as many units for in excess of $3 million on a smaller piece of
property. How did -- how did we come up with the 4.25
appropriation for that?
MR. FINN: So that was historical cost, plus the cost of money
on the -- on the loan used to acquire the property.
COMMISSIONER McDANIEL: Okay. Do we have
flexibility in our management of the return for the sales tax money or
the utilization of the sales tax -- it just seems to not be as
equitable -- it doesn't seem to be equitable to me for the value of this
piece of property.
MR. FINN: Well, that does represent the cost, the cost to us,
and that is -- that is essentially fixed at this point, and --
March 26, 2024
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COMMISSIONER McDANIEL: Okay.
MR. FINN: -- I don't know that it's necessarily going to answer
your question, but we did meet with the surtax committee last week.
We had a robust discussion over this and, ultimately, they did -- they
did approve the use of this money in this amount.
COMMISSIONER McDANIEL: All right. I've got -- I have a
few other questions --
CHAIRMAN HALL: Sure.
COMMISSIONER McDANIEL: -- if I can just go ahead, I'll
fire them away.
There's some discussion in the litany of agreements with regard
to the developer's rights of subordination. And I clarified it with the
County Attorney yesterday. But just for the record if, Scott, maybe
you can just reiterate what you said with regard to the language in the
agreement with regard to the subordination.
MR. TEACH: You can -- you can't lien public real property.
So you can't get financing, you can't get a mortgage by using the
county's public property, but you can get financing on the leasehold
interest, on the rents that are derived from the leasehold.
So to the extent -- when you read through the agreement, there
are references to opportunities to get mortgages or financing through
using the leasehold interest. That is lawfully acceptable, but they
cannot lien against our public property, our real property.
COMMISSIONER McDANIEL: So, basically, it's a
subordination for the leasehold interest and not to the -- not to the
real estate.
MR. TEACH: Not the real property.
COMMISSIONER McDANIEL: Not the real property itself.
MR. TEACH: Right.
COMMISSIONER McDANIEL: The other question that I had
had to do with in the event of a natural disaster and a destruction of
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the facility. It seemed that the developer had the choice to -- and this
may be a question for you, Steve. It seemed that you had a choice as
to whether -- if it was equitable to fix and repair with whatever
revenues, insurance and FEMA and such, that you had availed or not,
to do that.
And I guess my question is, if not, then what happens? Who
owns it? How do -- if it wasn't equitable for you -- and it's assuming
the developer is still Rural Neighborhoods or Renaissance, or
whoever the developer is; that if -- if you chose not to, where does
that put us? Where does that put the county as far as the ownership
of the facilities goes?
Yeah, sure. You can come up.
MR. KIRK: No, no. If you'd like, I'll save it.
COMMISSIONER McDANIEL: That will be fine.
And, you know, my last question to ponder is the revenue
sharing extinguishes at 40 years, and I'd like an explanation as to
what's the trigger date there and what happens. Again, we're out 40
years from now on a pro forma that we're hoping comes to fruition
during that 40-year period. But what happens -- because this is a
99-year lease, and these units are going to be held in some form of
affordable status for that term.
So my -- I just -- I wanted to know the rationale about the
extinguishment of the revenue sharing at the end of 40 years.
That's all I've got for now, sir.
MR. FINN: Very good. And I think those two questions
are -- the first one may well be Scott and Steve but, certainly, the
second one is for Steve. Should we allow Mr. Kirk to --
CHAIRMAN HALL: Commissioner Kowal.
COMMISSIONER KOWAL: Are you good?
MR. TEACH: I guess what I would add to the -- to the
question regarding the insurance proceeds regarding if there's a
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natural disaster or whatnot, the county, we can't insure a private
entity. Lawfully, we can't do that, so we require them to hold
insurance on the property.
So if a situation comes up where the -- whatever they've built is
so destroyed beyond repair, they're going to have obligations, and I
would assume HUD would have priority over the county. And so
he's not going to be able to walk away with the proceeds of the
insurance because HUD is going to be stepped right there saying, you
know, you need to pay us back first.
COMMISSIONER McDANIEL: Right.
MR. TEACH: So this is not unusual in these type of
agreements where you have a situation where, you know, there's an
examination of whether it's beyond repair, and at that point the
proceeds flow back to the developer who, in turn, is going to have to
pay his financing people back, or if it is repairable, the proceeds go
directly to making the corrections and repairing the facility.
CHAIRMAN HALL: Commissioner Kowal.
COMMISSIONER KOWAL: Thank you, Chairman.
My colleagues and myself are going to ask a lot of questions.
There's a lot of moving parts to this. I came into it last year; didn't
know a whole lot what was going on the three prior years. And I
know we're in our fourth year now.
I mean, ultimately, I think the whole idea of this whole
project -- and we all agree -- that it's to get affordable workforce
housing.
So a few of my questions are just going to be pointblank, getting
to the point, basically to the end of the road and what we're looking
at, because today I saw these numbers with 120, and you're looking at
80 percent at the 120.
So, Mr. Finn, do you know what the AMI is -- or the average
income in Collier County is?
March 26, 2024
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MR. FINN: I do. I actually have a slide in here with -- the
same piece of paper Mr. Kirk just handed me. A little bit of a test
here.
COMMISSIONER McDANIEL: Yeah, I was thinking, you
know what buttons to hit.
COMMISSIONER KOWAL: This all comes down to it.
MR. FINN: So the -- for instance, if we go at 80 percent --
COMMISSIONER KOWAL: No, the majority of our
apartments are at 120. So let's just -- let's start with what the average
income in Collier County is, and then we'll go -- we'll add the
additional 20 percent to find out what number is left to achieve.
CHAIRMAN HALL: A hundred grand.
MR. FINN: So for round numbers, we're at the -- the average is
about $100,000.
COMMISSIONER KOWAL: So about $100,000. I see we
have a representative from the Sheriff's Department here. And I
don't know if you want to join this conversation or not but, I mean,
you could probably shed some light on what a deputy sheriff makes
in Collier County.
UNIDENTIFIED FEMALE SPEAKER: Not starting at
100,000.
COMMISSIONER KOWAL: They're not starting at 100,000,
right?
So that's what this all comes down to. I'd like to have
80 percent of them apartments affordable for our essential personnel,
our essential workforce, but I don't know if we're getting there. I'm
trying to wrap my head around it but, you know -- like I said, we're
going to talk about a lot more moving parts here, but I'm talking
about the end of the day, you know, the end of the road, where we
get.
MR. FINN: I appreciate that. I think we're going to let the
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housing experts work in here between Mr. Kirk and Mr. Giblin, and
I'm sure they'll be able to respond.
MR. GIBLIN: So on the visualizer, we've put a little bit
simpler representation of the income and rent-limit chart.
For the record, Cormac Giblin, your director of Housing Policy
and Economic Development.
One thing to keep in mind of this development is that while in
portions of the units the incomes are regulated to the 120 percent
level, the rents are regulated at the 100 percent level. So although a
household may be able to earn up to the 120 percent, their rent is still
going to be capped at that 100 percent level to make sure that it's
more affordable than what would be otherwise market rate out in the
community.
And so you can see the way the income limits are calculated on
a household basis, it goes by how many people live in the home. So
at even -- let's just take the 100 percent row, a single person, that
income limit is $69,890 a year. So a household of two, a husband
and wife, or a parent and -- a single parent and a child, their incomes
would be capped at 79,890.
So I think, Commissioner, that's where you're getting more to
the essential service personnel, the Sheriff's Department, the teacher.
So you have to realize that it's on a per-person basis.
COMMISSIONER KOWAL: Okay.
MR. GIBLIN: So in the example I just mentioned, the units at
the top that are going to be offered here, their incomes would be
capped at the 120 percent limit, but if we slide over a little bit, you
can see that their rents would be at the 100 percent limit which, in
this scenario, would be $1,797 a month for a two-bedroom.
COMMISSIONER KOWAL: Go back to the left again.
COMMISSIONER McDANIEL: Just make it a little bit
smaller, Ed, if you can.
March 26, 2024
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COMMISSIONER KOWAL: Yeah. You're at 80. You were
at 80. That's what I thought. You were four rows up. Go three
rows up and give me that number for a two-bedroom. That's $2,247.
That's more than a three-bedroom house at $300,000 [sic] a month
with a mortgage at 7 percent.
MR. GIBLIN: And that's -- that's what it would be for a
two-bedroom at the 100 percent rent level in this development.
COMMISSIONER KOWAL: I'm just trying to get to the point
where this is -- I'm trying to get the public to see what we're really
looking at, you know. This is what's important. Because at the end
of the day we want to be able to have our teachers, our firefighter, our
entry level. The ones that are established here are established here.
It's retention. That's the whole idea, retaining these good people
here in Collier County to serve us to take over the next generation
and when they're starting out.
And I can guarantee the Sheriff's Department don't make
$69,000 year one, even a single person.
So that's what I'm trying to get at. I'm trying to find us that
happy medium where we're getting reality here that these are going to
be affordable for the workforce.
MR. GIBLIN: Yeah. And then just to summarize what's
proposed here, there are going to be 22 units at the 50 percent of
median level --
COMMISSIONER KOWAL: Okay.
MR. GIBLIN: -- 28 units at the 80 percent of median level, and
then 202 units at the 120 percent of median income level but capped
at the 100 percent rent, in addition to the 120 very-low-income senior
units in Phase 2.
MR. KIRK: If the Board would indulge me, Steve Kirk with
Rural Neighborhoods.
The goal of this project at the outset of the ITN was to serve
March 26, 2024
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both affordable and workforce, and workforce was described to us as
being those persons who work in healthcare, those persons who work
in education, and those persons who work as first responders or as
police officers in the community.
So let's take a teacher, for a moment, in Collier County. His or
her starting salary today is $54,000. At that $54,000 level -- and I'm
looking at this screen, Ed. I don't know if you could put it back
up -- the 80 percent level is $55,000. So we are there.
COMMISSIONER KOWAL: How many units is that?
MR. KIRK: At --
COMMISSIONER KOWAL: At 80.
MR. KIRK: -- 80? There are 28 --
COMMISSIONER KOWAL: Twenty-eight units.
MR. KIRK: -- and 22. But that teacher is under that
80 percent level by approximately a thousand dollars. If that teacher
has any other income, investment income, they're going to be at the
100 percent level.
COMMISSIONER KOWAL: I hear what you're saying, but
what I'm trying to say is if we're truly going to enter into a project in
a partnership to do this, why is the largest portion at the highest level
when we know that teachers, nurses, administers, people who work in
the hospital, the phlebotomists, the X-ray techs -- deputy sheriff's
probably one of the highest at starting, those are even lower, and
we're only providing about 50 units out of how many that's affordable
for that person starting out?
MR. KIRK: Respectfully, I disagree.
COMMISSIONER KOWAL: I don't think we're hitting the
target.
MR. KIRK: Well, respectfully, I agree with the premise.
That's a single person. If a teacher has a spouse, partner, male or
female, who's working in another job, they need that 100 percent
March 26, 2024
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limit to be eligible because they will not be below 80 percent with
any other income in that household with a $54,000 starting range.
They will be above the 80 percent level and ineligible for the 80
percent limit.
For a family of four, yes, the 80 percent limit is 95,6- -- or
excuse me. A family of four is $79,840. A couple with two
incomes, one of which is 54,000, are likely to exceed that.
So the sweet spot in our conversations with healthcare, school
board, and others in getting to these numbers, which were negotiated
with us by the assistant county manager and other staff initially
on -- not really our numbers -- was that you need that 80 to
120 percent income to accommodate the workforce that the Chamber
of Commerce, that the school board, and that the -- and that the
Naples hospital system and others want in order to accommodate
those healthcare educational workers.
And so very few of those people are going to be a single income
with no other additional income in their household, and that's where
that range of 80 to 120 percent is really, we think, the sweet spot of
the project.
COMMISSIONER KOWAL: So how many of the -- set at the
120 -- we'll say 100 to 120, which is the 80 percent of the units, how
many of them are two-bedroom plus?
MR. KIRK: I can tell you. Just give me one second. One
hundred sixty-eight of the 252 units are two-bedroom plus.
COMMISSIONER KOWAL: I'm trying to accomplish a goal
here.
MR. KIRK: No, no, I understand.
COMMISSIONER KOWAL: We all know what we want in
the end, you know, and sometimes these numbers, when I look at
them, I don't get a fuzzy feeling about it. I'm just telling --
MR. KIRK: And, again, I'm not an expert in the Sheriff's
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Department.
COMMISSIONER KOWAL: But I'm not saying -- I just
picked them because I'm familiar with what they make, you know,
and I know the struggles they have retaining new, young people to
this area.
MR. KIRK: We've done a similar project in a different county
trying to serve firefighters. The average firefighter in that county
makes over $100,000 a year with overtime. They would barely be
eligible, even at the 120 percent rate, if they have that much overtime
income, as they traditionally do.
And so, again, Rural Neighborhoods entered into this project
with a proposed amount of units between 60 -- between 80 percent
and 120 percent at the ITN. We sat down and have always been
flexible with the county staff and the private sector and directing
where these units need to be hit.
We, basically, had a moment in time with the county in which,
because of county grant requirements, they wanted us to shift some
units down from 60 to 50 percent, which is one of the evolutions of
this. We accommodated that. It helps them with meeting their
grant goals.
We did, then, have some income units, and we lessoned the
number of 80 percent units in order to make up for the income of
going from 60 to 50.
But, realistically, we think the marketplace is within this 80 to
120 percent if we want to retain teachers as they grow and get two or
three years of service and their incomes exceed the 80 percent limit.
And I think that's also true with healthcare workers. Our one
healthcare worker, who will basically start to hit the 50 percent range
and we think will be accommodated by that, is a certified nursing
assistant, that person who is basically a caregiver without significant
credentials. But, again, if you go into the medical technologists and
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those ranges, those ranges today -- hospital system may be able to
testify to it. Those are generally above this $55,000 limit for a
one-person household.
CHAIRMAN HALL: Commissioner Saunders.
COMMISSIONER SAUNDERS: Thank you.
Mr. Giblin, how long have you been with us?
MR. GIBLIN: Well, altogether, about 17 years.
COMMISSIONER SAUNDERS: Okay. And you attend all
these meetings. You've attended multiple meetings in my office
with the group on this project. You have a good handle of what
we're trying to accomplish; is that accurate to say?
MR. GIBLIN: I'd like to think so, sir.
COMMISSIONER SAUNDERS: Okay. Well, I've asked
you -- or somebody. I say I've asked you. I think I asked you to
take a look at the market rates that are out there, because I know you
do that on a regular basis because you have to compare those market
rates with these affordable rates.
And give me a little bit of an explanation as to where the market
rates are for these two- three- -- well, one-, two-, and three-bedroom
units, and then I want to ask you some pointed questions concerning
our goals.
MR. GIBLIN: Yes, sir.
Part of the analysis that my office does is, at least once a year
we do a survey of every apartment complex in the county, both
Naples and Immokalee. We call every apartment complex. We
say, "How many units do you have available? What are you
currently charging for them? How many one-bedrooms,
two-bedrooms, and three-bedrooms do you have available today, and
what are you charging for them today?"
What we find is that -- it's the same answer almost year after
year, and I've been doing this same survey for about six or seven
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years -- is that the availability is zero or close to zero at the lower
ends, and you start to find a little bit more availability at the higher
ends of the rents.
COMMISSIONER SAUNDERS: Define when you say "lower
end" and "higher end" because --
MR. GIBLIN: I'll break it down by income category. Say at
the very low -- at the 50 percent level, at the 80 percent level, and at
the 120 percent, and then even above that we have market rate.
We see very little vacancies at the low ends and some moderate
vacancies at the higher ends. But when I say "higher ends" -- I have
the most recent survey here in front of me -- we're looking at
two-bedrooms that don't even approach $3,000. I mean, they're way
higher than $3,000 is what --
COMMISSIONER SAUNDERS: Give us a range. When you
say "way higher," I mean, is that $25,000, or is it 3200? I mean --
MR. GIBLIN: It's about 3200. I'm looking at the list right
now. That was the survey that was done this January. There are
several in the over $3,000 range for two-bedroom. So anything that
we can add to the market that is on the lower end, less than those,
would help with our affordability issues.
COMMISSIONER SAUNDERS: What about the
three-bedroom?
MR. GIBLIN: The three-berms are -- they're in the 4,000.
Some are in the 4,000s.
COMMISSIONER SAUNDERS: And so you know what we're
trying to accomplish, you know the income levels of these various
types of employment. In your opinion, are we -- does this project
meet our goals?
MR. GIBLIN: I think that this project, when you look at it in
its totality as not just the essential service personnel phase, but there's
also the senior phase, which is completely very low income, yeah, it
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is meeting all of the income targets that the county likes to hit. And
then specifically when we zoom in on the workforce piece --
COMMISSIONER SAUNDERS: I want to deal with Phase 1,
because who knows what's going to happen with Phase 2.
MR. GIBLIN: Yeah. What we called it is deep targeting.
They -- as Mr. Kirk mentioned a minute ago, in exchange for some of
the grant funding that was approved for the project last year, they
agreed to actually lower some of the units down to that 50 percent
level, and that's -- that's really unheard of out in the market. Again,
the survey we just did, zero availability at that very-low-income
level. So 22 units hitting the deep targeting of that, along with the
other 28 at 80 percent, those are hitting a real sweet spot.
And then through the partnership -- public/private partnership
with the Community Foundation, the hospital and others, those are
the ones that are clamoring for the types of units that make up the
balance of the project.
COMMISSIONER SAUNDERS: Mr. Giblin, do you evaluate
these types of projects in other counties? I mean, are you familiar
with what's going on in Lee County and other counties?
MR. GIBLIN: I have -- yes.
COMMISSIONER SAUNDERS: And can you -- and I've not
asked you this question. I don't know what the answer's going to be,
which is always a little scary, but we'll find out.
In your opinion -- because you're our expert -- how does this
project compare with other projects that you've observed around the
state?
MR. GIBLIN: I think this is a very unique project. And I
think even as Commissioner LoCastro mentioned a few minutes ago,
that other counties would love to have a partnership of this magnitude
unfold where the county is a partner, the private sector is a partner,
the philanthropy is a partner as well.
March 26, 2024
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COMMISSIONER SAUNDERS: "Unique" doesn't help me
out a whole lot. I'm trying to find out how this compares with other
projects in terms of the rents and the community that's being served
by it, because that's what the ultimate goal is here. Whether it's
unique or not is not important. What is important is are we meeting
the goals, that you are aware of, and how does that compare with
other projects around the state in terms of meeting those types of
goals. And we're looking specifically at the mix of rents.
MR. GIBLIN: Right. I can't answer exactly what the income
breakdowns are in other counties. Perhaps Mr. Kirk can, because he
works in multiple counties in the state. I can just go on record that
this is -- again, I'll use the word "unique" with the whole community
coming together to try to find a project that can please many, many
different chiefs.
COMMISSIONER SAUNDERS: So I'll just ask you just one
last question then. In your opinion, is this a project we should
continue?
MR. GIBLIN: I think so, yes.
COMMISSIONER SAUNDERS: And I want to ask Mr. Kirk
some of those same questions when I get another opportunity.
Thank you.
Thank, Mr. Chairman.
CHAIRMAN HALL: Commissioner Kowal.
COMMISSIONER KOWAL: Stay there.
MR. GIBLIN: Yes, sir.
COMMISSIONER KOWAL: Are you familiar with Ekos?
MR. GIBLIN: Yes, sir.
COMMISSIONER KOWAL: You are?
MR. GIBLIN: Yes.
COMMISSIONER KOWAL: Okay. Did Ekos get any
donations for their project --
March 26, 2024
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MR. GIBLIN: Well, there are two Ekos developments, but the
one --
COMMISSIONER KOWAL: How about the one on Santa
Barbara?
MR. GIBLIN: Okay. The one on Santa Barbara received not
philanthropic donations, but they received some county assistance.
COMMISSIONER KOWAL: Yeah. Well, it was a
partner -- public partner [sic] partnership with a piece of property
similar to this.
MR. GIBLIN: Right.
COMMISSIONER KOWAL: Are you familiar that they have
100 percent of their units at 80 percent or lower?
MR. GIBLIN: Yes, sir.
COMMISSIONER KOWAL: So you are familiar with that?
MR. GIBLIN: Uh-hmm.
COMMISSIONER KOWAL: So are you comparing that to this
project here? When you got -- when Commissioner Saunders asked
you questions about projects -- and this is at home. This is one of
our own projects. That, you know, you're correlating. How can one
do it over the other and not receive philanthropic money from outside
and just do it through partnership with the county and the private
developer?
MR. GIBLIN: When we look at the housing need in the
county, we see a spectrum of need from homelessness --
COMMISSIONER KOWAL: Now, my question wasn't that.
My question is how one can do it and the other can't.
MR. GIBLIN: Specific financing that Ekos applied for was the
Housing Tax Credit program, which not only requires units to be at
that level but heavily subsidizes them. So the financing mechanism
used in that project availed itself to provide units at the
60-percent-and-less level.
March 26, 2024
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COMMISSIONER KOWAL: So is that -- do you think that's
a -- that unit is successful? Do you think it was a good project?
MR. GIBLIN: I think it's very successful. It's also very
competitive, though.
COMMISSIONER KOWAL: Is it unique?
MR. GIBLIN: No, that one is not unique.
COMMISSIONER KOWAL: Okay. Thank you.
CHAIRMAN HALL: So I'm all about affordable housing. I'm
all about it. I wish we could have had this discussion four years ago
and we already have units coming out.
I don't like the deal; I'm just going to say it. I don't like the
structure of the deal. I don't like that it's non-for-profit that has no
tax base. Taxpayers are on the hook for, on Phase 1, $18 million.
Yes, you're going to get a $10 million donation from the Foundation
and -- but when I found out that this property -- and we still -- the
taxpayers still owe $26 million on the golf course, in addition to all of
this.
Now, it's not fair to put all that $26 million against one project.
We've committed to the veterans nursing home. We've committed to
the golf course. But there -- it doesn't matter. I'm not saying that
each entity ought to pay that portion. I'm just saying the taxpayers,
in addition to everything else, is on the hook for $26 million,
m-m-m-million.
And this is not personal. If anybody can appreciate the work
that goes into it, I can. I know exactly the pressure, the meet -- the
things that come up with lenders, the requirements, having to jump
through hoops to meet all that. I get that. I understand that. But
when it comes to -- you know, we -- I agreed to extend the financing
back last October, and I said then I'm not going to be a fan of
extending it from there.
I was okay with the patience of this project. I mean, here we
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are, we're almost five years down the road, and it will be another
three years before we get any rents coming in.
Just hang with me while I just talk out loud a little bit. I don't
want to miss anything, or I don't want to miscommunicate.
We don't really have a real commitment for Phase 2. We have
good intentions, but the real commitment is not there. So we
morphed from 300 units originally to, in Phase 1, to 252 units. I
wouldn't -- I'm not going to -- you know, the argument of 80 percent,
120 percent, blah, blah, I'm not going to even -- that doesn't even
count with me.
In this income-sharing agreement, taxpayers are putting in
18 million, plus 26 million in debt. That's just reality to the
taxpayers. But let's just count 18 million. The Foundation's putting
in 10-, and yet the income sharing -- we're going to share that
equally, 25 percent to 25 percent, but that's not even going to start
till, estimated of 2032. That could be 2038.
And so the taxpayers are on the hook for this money with -- I
would at least think that if I could get comfortable with this deal, that
that share should be 20 percent/30 percent whenever it starts just
based on the amount of money that the taxpayers have kicked in.
I don't -- my other thought was this: I don't want to feel the
pressure of a Paradise sports complex; that we're so far down the road
that we have to go forward.
I want to -- when I leave here -- it could be four years, eight
years, 12 years. Whenever I leave here, I want to know that I
followed my heart, that I made a good deal for taxpayers, that I
represented them well, and that I didn't just bow to the need.
I mean, we have a great need for affordable housing in this
county. Commissioner Kowal mentioned Ekos. They've got two
projects. They've been successful. Yeah, they got different
financing, but that's not the taxpayers' business. That's your
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business.
I just don't want to feel the pressure to go forward with
something that's not a good deal for the taxpayer.
There's some other things involved in these documents. The
LURA, you know, that seems like we're going to limit land -- land
use based on things we don't even know yet, things that might
be -- you know, that might be coming. I could get more detailed
about that, but I have to look -- I'd have to look at the documents. I
was reading them this morning.
We have a 99-year lease for land with a 40-year commitment for
payback. The only person that's going to be alive is Commissioner
Saunders.
But --
COMMISSIONER LoCASTRO: He never ages.
COMMISSIONER McDANIEL: Yeah.
CHAIRMAN HALL: I just -- those are my thoughts out loud.
I'm not opposed to the deal. I wish the deal could change. I
don't know if the hand was forced to go non-profit, if they were
dangling the money like, "You either do this or we're out" -- but it
seems like it is profit because there's going to be revenue sharing.
So just call it -- you can call it non-profit, but you can call it positive
revenue. It's all the same thing. It's just words, and those words
matter. The deal matters.
So if things could change and it could be better deal for the
taxpayers, I could -- I could be more comfortable with this. I'm not a
fan of the deal the way it is right now.
Commissioner LoCastro.
COMMISSIONER LoCASTRO: Thank you, Chairman.
I just wanted to make one small reminder. I think it's
dangerous to be, you know, comparing -- I'll say this: We need to
make sure we're comparing apples to apples.
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So I understand -- Commissioner Kowal and I were at the ribbon
cutting at Ekos. Amazing. Wonderful. Oh, my God, we were
touring these incredible apartments. They're all 100 percent
affordable.
And Cormac did touch on it. I was about to chime in and say,
oh, it just wasn't -- it just wasn't the company and then the county.
They got unbelievable amounts of help from some state programs.
But every project's a little bit different. So there's going to be some
projects that are amazing and wonderful. None of us here want to
vote for something that's a bad deal.
And I agree with Commissioner Hall, I don't want to feel forced
that, oh, well, you know, some people that were our predecessors
here got us into this, and now we've got to sort of swim our way out
of it.
This may not be the best, most amazing deal that Collier County
has ever done with housing. I was really impressed with Ekos, and I
hope we can do more or those. But, you know, every project's not
going to be able to be that. This is a totally different thing. This is
apples to chairs, you know, looking at those other projects.
So some of those projects that we think are huge successes,
100 percent affordable, we should be going out of our way to chase
those things down. But the combination of this one -- you know,
"unique" probably isn't the best word. We want to hear that you say
it's a -- it's advantageous. It's a positive. It's beneficial. I mean,
you know -- and I think you kind of meant that. I don't want to put
words in your mouth.
This one is very creative, it is very unique, but it has incredible
benefit, in my opinion. It doesn't mean it can't be tighter. I've got
some concerns as well. I think it's headed in a better direction.
But nobody's going to come in here and build affordable
housing for free. So, you know, when we sit here and say, well,
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there's some revenue to be made here, the folks that built Ekos are
making money, okay. They didn't build it for free. They weren't a
church that came in here and built 100 percent affordable housing
and then they walked out and lost money. I'm looking at what it
brings to the community, the amount of units.
And the other thing I'll just say is -- and I hear this a lot in my
district when people talk about first responders and teachers and
sheriffs. I get a lot of, like, blue-collar workers in my district that
say, you know, my neighbor's a sheriff and makes under $100,000,
but his wife's a nurse at Physicians Regional. I'm a waiter, and my
husband is an out-of-work auto mechanic.
So it's really more about AMI and not so much -- but it also is
about the first responders and the folks that are our front-line
workers, because as Sheriff Rambosk said one time when he was in
here, we're losing those people. So we have to do a little bit of both.
I mean, you know, this project will also help the waiters and the
mechanics and the folks that do the blue-collar jobs downtown.
You know, I look for us to put some tighter polish on this if we
think that it could be, but I don't think this thing is a total dog, it's
dead in the water, and, you know, we should walk away from it.
And I haven't heard anybody say that. But, you know, I think all
these affordable housing projects, none of them are going to be, you
know, charity projects. They're all going to have some sort of
financial gain for the people that are involved. It doesn't need to be a
cash cow but, certainly, you know, it's going to be something that's
going to generate revenue.
And, you know, my last comment is everything can't be Ekos.
And also, too, as you know, Cormac, Ekos took advantage of some
incredible state type of things that this project is -- this is totally
different. This is apples and chairs.
But the end result is we want more affordable housing, and we
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want things that are in that 80 percent range and not so much pushing
on the 120.
I think this one is closer than what it has ever been, and so I
hope we spend today to not sort of kick everybody back with 100
homework assignments and watch this thing continue to, you know,
just smolder and not move forward.
I certainly don't want to vote on something that I don't think is
signature ready, but I think it's pretty close, and I like the
improvements.
I mean, you know, we all met separately with Mr. Finn and the
other folks in the audience here, so I won't, you know, sort of over
summarize what we heard, but I like the direction it's heading. It
certainly is much better than it was, you know, six months ago or,
like you said, maybe even years ago.
But let's make sure we're comparing apples to apples. There's a
few projects in the community that we're all really proud of. They
all can't be this. This one's -- has some issues because way back
when, you know, the 26 million was spent and some other things
were done previously that make this maybe less advantageous than an
Ekos, but, you know, they're two totally different projects.
But in the end, if they bring us affordable housing at a price
range that, you know, an expert like Cormac is shaking his head
saying, wow, any, you know, county would love to have this -- and I
guess my last comment county would be, every county is different.
And so this -- you know, this project would be a total dog in some
counties, and in other counties they'd be salivating over it.
And so, you know, we have to look here at Collier County.
You know, we can all name a dozen counties where three-bedroom
rents aren't $4,000. So this is a unique place in the sense that, you
know, projects here that are going to be very successful may be dogs
at other places or they'd be incredibly amazing. But I'm just looking
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at Collier County and also trying to compare it to equal things. And
I think that's what we pay Cormac to do is give us his
recommendation because this is what he's doing for a living. And I
like the conversations that we've had and how I've seen most of the
numbers go.
So I hope we can work through this because I think this is a -- is
a project that's sitting here on the drawing board. And I'm not saying
it's perfect, but, you know I hate it a lot less, right, Commissioner
McDaniel? And I actually like it a lot more, so I'm -- you know, I'm
supportive of it, but I still think we can, you know, use the expertise
of my colleagues here to see where the long poles are in the tent that
would make us more supportive of this or relieve us of some of our
concerns.
CHAIRMAN HALL: Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes. I also caution to the
comparison side of things, because every county has a different AMI.
One of the things, Commissioner Kowal, we need to remember
is these -- these rents are a household of four, potentially, that
accumulate up to these income levels to tie into the affordability
aspect of this.
I really want to -- you know, and I was the first one that -- I
mean, I brought up Ekos when we were talking about the land
valuation. And the other question I had on that land value, does that
4.25 include both phases for the entire tract of a land?
MR. FINN: No, sir. The --
COMMISSIONER McDANIEL: So there is more money that
will be appropriated for Phase 2 whenever it comes along?
MR. FINN: In order of magnitude, that's 4. -- 4.6, 4.7 million
all in.
COMMISSIONER McDANIEL: Total, TPC?
MR. FINN: Yes.
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COMMISSIONER McDANIEL: Total. And this is another
half a million or so in there for that.
MR. FINN: (Nods head.)
COMMISSIONER McDANIEL: The reminder I want to share
with my colleagues -- because I see this coming as a potential
template. You know, Cormac used the work "unique," and it wasn't
satisfying to Commissioner Saunders. But I see this as a template
for our community to make investments in housing affordability and
have the opportunity to see those investments back.
And in this particular instance, there's a disbursement of revenue
sharing going forward. Assuming the pro formas and the stars all
line up and everything comes to fruition, there's an opportunity for
disbursement of revenues in other arenas with the Community
Foundation and other philanthropic organizations that are helping
with this.
I don't even remember a developer offering to give our money
back, ever, taxpayer money. And so I see this as -- assuming we can
work through some of these technicalities, I see this as an opportunity
to utilize as a template for the government to be making investments
of taxpayer money for the support of housing affordability for
specific targeted -- and, again, we can't pick employees of the
hospital or employees of the sheriff or -- we have to stay in the AMI
range with regard to what folks actually do.
But I see this as an opportunity for our community and be
unique to see -- to at least have an opportunity -- I mean, again, we
all deal with pro formas, but I -- I like this -- I like this development
from the premise of we have an opportunity to get taxpayers' money
back, plus.
And we can designate -- we, the county, can designate where
that return of investment comes to any potential profits and how that
money's going to be reinvestigated back into our community.
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And I see this -- assuming we come forward with this, I see this
as an opportunity for a model for our community to be using so that
other developers that are watching and listening start to build in
those -- in their pro formas the return of the investment of the
government subsidation [sic].
MR. FINN: Thank you, sir.
And if I may, Mr. Chairman, I'm just looking back in my notes,
and there was a couple of questions posed that we were going to have
Mr. Kirk respond to. Would that be appropriate at this point?
CHAIRMAN HALL: Yeah. Let's hear what Commissioner
Kowal has to say.
MR. FINN: Yes, sir.
COMMISSIONER KOWAL: Thank you, Chairman.
I had two of my colleagues here pointing out the difference
between Ekos and this particular project. What is it, apples/chairs,
chairs/apples? I don't know; whatever he uses.
We're going to go back in history. I wasn't here in 2020, but
staff was. Can we go back, I think, when there was a committee set
up for this particular project, and who'd that committee pick
overwhelmingly to do this project?
MR. FINN: I'm not certain. I think it was McDowell.
McDowell.
COMMISSIONER KOWAL: McDowell?
MR. FINN: McDowell was ranked No. 1 in the ITN, yes.
COMMISSIONER LoCASTRO: Ranked No. 1?
MS. PATTERSON: McDowell.
COMMISSIONER KOWAL: McDowell.
MS. PATTERSON: McDowell.
COMMISSIONER KOWAL: Who built Ekos?
MS. PATTERSON: McDowell.
COMMISSIONER KOWAL: McDowell built Ekos, correct?
March 26, 2024
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Like I said, I was not here in 2020, so I don't know what swayed
the Board here back then that got us here today. But I know we
want to keep saying that we shouldn't compare, but in reality, if the
Board picked who they were suggested to pick, we probably wouldn't
be here today, and we wouldn't be comparing apples and oranges and
chairs and whatever we're doing.
So that's all I'm saying is that, evidently, Ekos knows how to
play the system. And another good thing about Ekos, they pay taxes.
COMMISSIONER LoCASTRO: Absolutely.
COMMISSIONER KOWAL: They're not a non-profit. So
that's a service to our citizens.
COMMISSIONER LoCASTRO: Everybody can't be Ekos,
though.
COMMISSIONER KOWAL: It could have been in 2020.
COMMISSIONER LoCASTRO: But we're here today.
COMMISSIONER KOWAL: I know. But I'm just trying to
remind you guys of a little history here that --
COMMISSIONER McDANIEL: I was here.
COMMISSIONER KOWAL: -- there was some reason that it
was swayed to go with -- not go with Ekos who got, I think, nine out
of the 10 points in that committee and were ranked No. 1 in moving
forward.
COMMISSIONER McDANIEL: Commissioner Saunders and
I were here in '20.
COMMISSIONER KOWAL: Okay. So I just wanted to
remind everybody of a little history lesson there.
COMMISSIONER LoCASTRO: So what happened?
COMMISSIONER McDANIEL: Do you want the short story?
The philanthropic community -- yeah.
COMMISSIONER KOWAL: I've got time.
COMMISSIONER McDANIEL: The philanthropic
March 26, 2024
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community's involvement in assisting with the development I know is
what swayed me. I don't think we've ever had that kind of a
commitment from the philanthropic community to come in and assist.
And I can also say -- and, again, McDowell's a really good
developer. They do a really good job. There was not a discussion
in those early days of any kind of a return of investment that was
from a subsidation standpoint that was coming from this.
The Community Foundation was putting in 10-, we were putting
in -- it's been a minute since we had that discussion, Commissioner
Saunders. But we were putting in an equivalent amount of money
between the land value and the offset of impact fees and permit fees,
and then there was the coming of the state funds, but that was -- that
was the main thing that swayed me with coming off of the -- the
procurement -- or the committee's decision to go with -- to go with
Rural Neighborhoods instead of McDowell.
CHAIRMAN HALL: Yeah. I want to -- before you go,
Commissioner Saunders. One of the ways that the developer's do
give back to the taxpayers is in ad valorem, you know, and
that's -- that's what I don't like about this deal.
One of the -- one of the criteria -- as far as the disbursements
that do come back out to the Foundation and do come back to the
taxpayers, one of the criteria is any voluntary or operating debt. And
if I was skinny on the cash flow -- or if I was fat in the cash flow, I
would incur debt as an operator to deduct that amount that comes
back. And so that's a possibility.
Also, I love the fact that the monies that do come back to the
Foundation and that do come back we're going to put back into
affordable housing. My concern with that is by putting the money
back into the Foundation, that we encourage more non-for-profit,
non-ad valorem tax-base deals. And I don't know if the Foundation
could get their -- could wrap their mind around allowing, you know,
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philanthropy and allowing a tax base, or if they're just stuck on, you
know, that's their kill-deal -- you know, that's their kill-deal position.
So those are just some thoughts. I love the conversation, I'll tell
you that. I'm all about affordable housing, but I would like to -- I
don't want to feel pressured, and I don't want to feel like we're too far
down the road to re-think this and make a good deal for the
taxpayers.
Commissioner Saunders.
COMMISSIONER SAUNDERS: Yeah. I was just going to
do a little history as well, because we did talk about that in 2019, I
believe.
My understanding is that there had to be a not-for-profit doing
the deal; otherwise, there would be no philanthropy provided. So
that's how we got to where we are with the current developer.
Also, everybody remembers -- and right at the end of 2019, it
was the beginning of COVID, and 2020 was a year that nothing got
done anywhere, and most of 2021, pretty much the same. But also
what happened during that time period was problems with inflation,
supply-line problems. Everything changed in terms of the financing
of every project.
So this project -- if we were back in 2019, we wouldn't be
having any of these conversations because that's what really changed
this, I believe. And Mr. Kirk can be certainly comment on that.
But we went with the non-for-profit because we really wanted to
cement this partnership, this public/private partnership in workforce
housing. And so we have a different world right now than we did in
2019. And, you know, trying to go back and say, "Well, if we had
done it differently, things would be different today," well, that's
probably true of almost anything if you did something differently.
But I can also say if we didn't have COVID and all of those
problems, we probably would have something different as well.
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So I just want the record to reflect that we didn't make a decision
that was just completely absurd. You know, why did we do X?
Well, the world was different in 2019, and the project was one
that -- where we really wanted to cement this public/private
partnership to use that as a model. We thought that this would
actually be a model not only for Collier County projects but for
around the state. So that's just -- just one point I wanted to
emphasize, Mr. Chairman.
COMMISSIONER KOWAL: Can I ask one more question?
So when did Ekos enter into their agreement to build on Santa
Barbara?
MR. FINN: I do not know. I'm going to think it was around
2019.
MR. GIBLIN: A couple years before that.
MR. FINN: 2017?
MR. GIBLIN: '19.
MR. FINN: 2019.
COMMISSIONER KOWAL: '19. So did they have a special
line of materials and stuff? Because I went to the ribbon cutting
already.
MR. FINN: No. And your point is well made, sir.
This deal really -- his timetable for starting the financing did not
commence until the PUD was in place, which was April of '22. So
he had 12 months from that time period to get his financing, and that
was the term of the original developer agreement. So that brings us
to basically April 23 where this board extended --
COMMISSIONER KOWAL: Extended it to now?
MR. FINN: Extended it, yes. No. Well, there was an interim
extension that we just did that extended it till about February -- I'm
sorry -- yeah.
COMMISSIONER KOWAL: January?
March 26, 2024
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MR. FINN: I'm drawing a blank. It was April 23 that we
extended it the first time.
COMMISSIONER KOWAL: But didn't we just do another
extension?
MR. FINN: Yes. We did an interim extension for two weeks
to get us to today.
COMMISSIONER KOWAL: To today?
MR. FINN: Yes. And -- so that's where we sit.
CHAIRMAN HALL: Commissioner McDaniel.
COMMISSIONER McDANIEL: Geez. I forgot what I was
going to say.
MR. FINN: We continue to have those questions pending, if
you care, Mr. Chairman.
COMMISSIONER McDANIEL: Say that again.
MR. FINN: There was a couple of questions made for Mr. Kirk
that haven't been responded to yet, sir.
COMMISSIONER McDANIEL: Right. Mostly, my comment
was for Commissioner Kowal and Commissioner Saunders. He
reiterated it well. It basically had to do with the reason that we
moved from McDowell to Rural Neighborhoods was the
not-for-profit circumstance and the contribution for the philanthropic
community.
COMMISSIONER KOWAL: I figured that's what it was. I
just -- I didn't know for sure, that's all.
COMMISSIONER McDANIEL: Okay.
MR. KIRK: Steve Kirk, Rural Neighbors.
There's a series of questions. I'll try to capture all of them.
Just two quick notes in regards to Ekos. Ekos was 2019. It
had its zoning in place, and so our zoning did not get put in place
until April 2022. Second, the Ekos project that was first -- the first
development depended upon a hurricane. It had $8 million of
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Page 170
hurricane CDBG/DR relief from the state, and in the absence of the
hurricane, could have been built.
In the past decade prior to that, there had not been a tax credit
project, one, in Collier County, Florida. And so certainly that
is -- it's an admirable project, and I think we all have great respect for
them.
The committee that selected us was this board. That was the
committee. The ITN to which we responded said there was an
available $10 million from the charitable community foundations.
We were asked during the presentation point of the scoring -- which
is what coming before you really is, the presentation part of
that -- would we share money with the county. Our answer was yes.
I'm not certain that the other five developers who spoke gave that
same answer.
In regards to the income targeting, I think as we answered
earlier, there are some reasons to do -- for us to do that. The
accomplishment -- the goal was to blend what households are an
incredibly important part of this community and to the standard and
quality of life in this community: Healthcare, teachers, first
responders, et cetera.
Who are the people who are commuting today from Port
Charlotte and other places? Can we bring them home? Can we
retain the teachers there? So we're looking at households rather than
individuals, which is why the majority of the units are two-bedroom
and three-bedroom units. So incomes have to accommodate more
than one income in a household.
And I believe that there is a market differential in the rents
between our rents and what is taking place in the market, that those
families who are in those professions are choosing to live elsewhere.
This market differential, we think, will cause people to make this
their home.
March 26, 2024
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In regards to several of the questions in regards to the
income-sharing agreement and the ad valorem taxes, it's true we can't
compare apples to chairs, but -- that will go in my memory now.
I've never heard that one before.
CHAIRMAN HALL: Please let that go.
COMMISSIONER LoCASTRO: I've been saying it for 20
years.
MR. KIRK: We have, arguably, $18.3 million of funds
directed through Collier County into this project. I think it's fair to
point out that approximately -- and I'll rely on Ed -- but
approximately 10 to $11 million of that money is federal and state
grants.
One of the reasons that we have argued against proportionality
in terms of the income-sharing agreement is that at least the first
million dollars of the Foundation's money has been at risk. It has
been -- it has been invested together with a million dollars from our
pockets into getting us to this stage. The county's money, there is
really no dollars presently at risk of being lost or not available to
recapture.
The second issue is that both the SHIP money, 1.5 million, and
the SLURF money, which is just under $10 million, are grant under
federal and state regulation, we have an LHAP plan filed from the
state that says that SHIP money will be given to non-profit
organizations as a forgivable loan -- as a forgivable loan. That is the
choice this county made in getting that money from the State.
We have told the U.S. Treasury -- we've spoken, your county
staff has spoken, to the treasury consultants. This is a grant. This is
not to be repaid.
We have carefully, aggressively argued with the county, "Do not
violate federal law and federal regulation by making this a quid pro
quo to the treasury money that you are giving us. We cannot repay
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you that money as a consequence of those federal rules and
regulations." And so to say, "Well, we have 18 million, that
includes that 10-, we should get more than the other," is basically at
least improper and potentially violating the spirit of the fact that that
is a treasury grant to the county that's being invested in this project.
And we've pointed that out in numerous e-mails to the county.
This is -- this is grant funds that you're investing. Don't treat it as an
equity investment on which you must get a return, or the deal is off.
So we felt that at least by keeping these proportions equal, we
respected the Foundation's risk-taking, and we respected federal and
state rules and regulations.
The return to the county is approximately $50 million over 40
years. If you divide that, yes, indeed, it comes at different stages.
Mr. Hall is correct, it comes at a situation in which -- till the first
Collier's international loan is paid back, that it certainly won't begin.
So the Chairman is absolutely correct that it may be 10 years
prior to the first monies coming in, but that $50 million over 40 years
is twice the ad valorem tax rate that would be incurred on that
project. So I would argue that it's a good deal to taxpayers in the
direct payment to Collier County.
More importantly, 75 percent -- 75 percent of the cash flow from
this project flows back into Collier County affordable housing. Yes,
it's by three parties: By the county itself; by the community
foundations which have been generous to many, many different types
of projects. But we're getting them engaged in the housing arena by
doing this, and they will continue to make investment. They may
make more investment beyond this if we encourage them to do so;
and we are taking one half of our return and investing it into future
Collier County properties as well as the current properties that we
own so they can remain to be affordable in perpetuity.
So my argument would be, there's $150 million return to Collier
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County over the 40 years of this project, not simply the 50- that goes
to the county itself. That's a heck of a deal for the taxpayer.
In regards to the 40-year term and why the 40-year term, the
answer is simple. A pro forma looks into the future imperfectly.
That's why it's a pro forma. We are trending our expenses at
3 percent over the next 40 to 50 years, which is traditional in the
financial industry to do so. My insurance bill did not go up
3 percent last year, nor did anyone else's in the room. It's the pro
forma. Those numbers will change. They will change on the
income side; they will change on the expense side.
But those are the numbers that we have encouraged by
Prudential Real Estate. It's a national firm, the originator for HUD
221(d)(4) loans. Their loan committee has reviewed our numbers.
They approved our loan internally at Prudential on February 29th and
forwarded it immediately that day to HUD.
So they have belief that this is the -- they are lending money
based on this pro forma. We believe that it -- that it certainly is as
close to realty as one can at least do at this moment.
Why 40 years? Because properties age. We have, in this state,
requirements that buildings undergo a formal inspection at the end of
40 years to make sure they're structurally sound. We have some
requirements in other counties that make that happen even sooner.
We know that for this project to last for an entire 99-year lease, this
project is going to undergo substantial rehabilitation at some stage.
Let's hope it's not -- doesn't take a whack from a hurricane between
now and then, or if it does, let's hope that the insurance proceeds are
sufficient to do it. But what we basically said is that we anticipate
having to substantially rehabilitate these 252 units at approximately
its 40-year life. It is the end of the HUD 40-year mortgage, a
mortgage that's -- that is attractive in its terms.
And, frankly, it could be in 40 years, given what construction
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prices might be in 40 years, and which perhaps there's a single grant
that we also need from the county, but it allows people to basically
refinance the project without having to give away 50 percent of its
income to the Community Foundation or 25 percent to the county and
25. Forty years seemed like a foreseeable practical point in which
substantial rehabilitation would have to take place.
And Commissioner Saunders may be the only one that's going to
be here, if I heard correctly, but again, it's going to be another
opportunity potentially for the Board and for others to basically take
a look at that project then.
There is, I think, no other developer in our state that has
basically said, "We'll take 75 percent of our cash flow and reinvest it
in the local jurisdiction in which the property is built." It is unusual
for someone to say that we are going to put 25 percent of our cash
flow back in county government.
We do think this is unique. We do think it's a template. And I
think that we are continuing to make progress each and every month.
The SDEP was approved last week. Prudential approved their loan
February 29th. We're marching down a pathway towards HUD's
final firm commitment towards Prudential's loan guarantee. That's
where we stand today.
I think -- last question, the legal question, I think the County
Attorney probably answered it better than I am -- better than I could,
Commissioner McDaniels [sic]. I will say that our response to the
ITN both promised units very close to this number in terms of an
income mix but had rents at 120 percent, not at 100 percent. We've
moved closer to the goals that local government has challenged us to
meet. We did not generally originate these new changes in terms of
what the income mix is -- we've been responsive to it -- but they're
uncandidly close to what we had proposed in our ITN except for the
fact that the rents are limited to 100 percent.
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I think, in addition to that, our original response to the ITN and
the original response by others to the ITN was that we were going to
lease this land for $10 a year. The $10-a-year lease was what our
organization relied upon in expending $2 million to get to this point
in time. And we have continually responded to calls for additional
funds, additional cash flow, additional situation.
So we are really substantially at risk for a very sizable amount of
Foundation and Rural Neighborhoods' money based on a reliance that
seems to keep changing in regards to what's being demanded of the
project.
And so in good faith, we're still here, unlike the golf course
where the developer left. We've argued about the land value at 4.2
million, 4.6 million. Maybe there's a market value that's higher than
that.
I will tell you that this land has $2 million worth of arsenic
mitigation. So subtract that, to a certain degree, from the land value
because we're financing that change. What we have done in being
first is we have plowed ahead with FDEP approvals, with
other -- with other FEMA floodplain things that make other
subsequent development in Tract 1 through Tract 4 of the golf course
easier and faster. By going first, we've dealt with drainage. We've
dealt with arsenic. We have a model that's beneficiary to the golf
course, to the veterans.
And, again, apples to oranges, the golf course has approximately
a $22 million investment, $6 million of capital, almost
16 million -- $15 million worth of land. Our return in terms of
annual capital, far, far greater, many times greater than what the
revenue will be from that.
So there's just an example. It's hard to compare projects, but we
do think that we are offering a very valuable deal to the county and to
our partners at the Foundation community, and I thank you.
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CHAIRMAN HALL: Commissioner LoCastro.
COMMISSIONER LoCASTRO: Thank you, Chairman.
Before I make a couple of statements, I did want to ask
Mr. Miller if we had speakers, because I didn't want to --
MR. MILLER: I do have four registered speakers for this item.
COMMISSIONER LoCASTRO: Maybe I'll hold my comment.
And if the Chair wants to hear from them, you know, first.
CHAIRMAN HALL: Let's do it.
MR. MULHERE: Your first public speaker is Valerie Wenrich.
She'll be followed by Matthew Holliday.
MS. WENRICH: Good afternoon, Commissioners. My name
is Valerie Wenrich. I've lived in Collier County for 38 years and
have worked to support this project for over four years.
Raised my family here, chose to devote my career here, and
welcome the opportunity to work towards a solution here.
Through various roles within Collier County public schools as a
teacher, school principal, and now the district's chief human
resources officer, it is clear no issue is more pressing than essential
housing for our workforce.
CCPS is the largest employer in Collier County, and it continues
to grow. Access to housing and overall cost of living have been an
issue in Collier County, but not to this extent. CCPS now has hard
survey data to prove the urgency of this issue.
During the last two weeks, we shared a survey to all district
employees, instructional and noninstructional. Approximately 3500
of our employees took time to complete it, and here are the
highlights.
Eighty-one percent live in Collier; 18 drive in from Lee County;
the remaining 1 percent live in other counties surrounding.
Sixty-five percent own their home; 25 percent rent; 275 of our
staff told us they have a stable place to live but it's with family and
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friends; 60 people admitted that they do not currently have a stable
place to live, meaning they're in a shelter, a hotel or temporary
location.
Commissioners, 45 percent, nearly half, are concerned they will
not have stable housing within the next year. The vast majority,
80 percent, of those respondents cited cost as the reason.
On the 3500 district staff who took the survey on housing,
64 percent are concerned current cost of housing will force them to
seek employment elsewhere other than CCPS, and 50 percent of our
employees work two or more jobs plus extra supplements.
The school district understands the concern is doing everything
in our power to retain and recruit employees. This past year the
school board passed a record increase for teacher compensation
representing a $28 million increase in salary expenses.
The school board put out a request for proposals for essential
housing development on 35 acres owned by the school district
adjacent to the Manatee Elementary School off of the East Trail.
Results from the employee survey will help inform our next steps for
the school board.
Housing is essential for our community providing public service
for our school district continuing to be an A-rated educational
provider.
Commissioners, we appreciate your service to the community,
and I'm here today on behalf of the Collier County Public Schools to
encourage you to complete this workforce housing component of the
Golden Gate course [sic] project. Because of charitable giving, the
public/private partnership could serve as a model of how
communities can and should work together to address these major
issues.
Thank you for taking consideration of my comments.
MR. MILLER: Your next speaker is Matthew Holliday. He'll
March 26, 2024
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be followed by Michael Puchalla.
MR. HOLLIDAY: Good afternoon, Chairman, members of the
Commission. On behalf of the hospital, our board of trustees, and
our president, I'm glad to be here today with you.
Very few issues affect hospitals more than staffing, right?
Costs, supplies, we all know those things are a major issue.
We also did a study of our employees, and over 30 percent of
our employees live outside of Collier County. When you consider
that against our payroll at the end of the day, each year that represents
about $80 million worth of economic activity, just from us, that's
leaving your county each and every day.
I remember -- I wish I could find it again. There was an article
from the 1970s that was bemoaning the fact there was so little
attainable affordable workforce housing in Collier. We're not going
to fix it 100 percent. Projects like this are very important because it
does represent a partnership. You have the private sector, you have
philanthropic interests, and you have the government, which the less
we can do with the government, obviously, the better. It's always
important to have the private sector engaged and involved.
I look at a project like this and I hear all the discussion, and I
wonder -- let's make sure that we don't let the perfect become the
enemy of the good. This is a good project. It's going to help
people.
My family lives in Fort Myers. We've lived there since the late
'70s. My wife works up there. My daughter's in school there. I'm
not going to move to Collier County. But every day I drive down
here. It's a 45-minute commute. And surrounding me on the
interstate, headed this direction, are the working-class people, the
people that would benefit the most from a lower commute. They're
on your roads; the traffic is here. Let's make sure that that economic
investment that they are, their salaries, their payrolls, stays in the
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county, benefits the county and the businesses, and having that
economics impact here rather than somewhere else. It's a very
important issue for us.
As you think about the quality of care in your hospital, the folks
taking care of you in the restaurants, taking care of all the other
needs, your plumbers, your electricians, it is a quality-of-life issue for
them. Having these assets in place -- you know, that golf course is
sitting there vacant right now.
Let's invest in the community, let's invest in your workforce, and
let's make sure that what we spend on our payroll stays where it's
earned. I think that's a fantastic idea for us to consider is the
investment potential for Collier County and the people that live here.
Thank you.
MR. MILLER: Your next speaker is Michael Puchalla. He'll
be followed on Zoom by Kelly Farrell.
MR. PUCHALLA: Good afternoon, gentlemen, Chairman.
My name's Michael Puchalla, for the record, executive director with
HELP, a HUD-approved local housing counseling agency, and also
the Collier County Community Land Trust.
And I just want to add some perspective. As, you know, the
individuals that we're seeing come in, especially from the
workforce -- we've had the pleasure of doing some partnerships with
NCH and the school district.
We're doing something we're calling a housing navigator
program, trying to help get individuals into housing a little easier, and
what we're finding is there are a number of these workforce
individuals that -- they have incomes but maybe they have some
credit challenges or maybe some other financial challenges. And
even when they call to try to find a market-rate unit, their
applications -- they pay an application fee only to find out that, oh,
we need four or five times income. You're not quite qualifying at
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that level because the rents are quite high.
So I do want to make the point that having some access and
control to units at even up to 120 percent of AMI provides a lot of
benefit. And we're here to try to assist in any way we can in trying
to navigate individuals into that while also offering to work on
homeownership because I think that's the way to keep people,
obviously.
So continuing to provide that level of service to provide
homeownership opportunities where the Land Trust can come in,
individuals that may qualify for Habitat, helping to work with them
through that process and on credit and on their financial background.
So I think there's a great opportunity with this type of
development, with the rentals, to be able to work and help individuals
move towards homeownership.
And then, lastly, there's been some points made regarding the
Community Foundation, the philanthropy being non-profit. One
other thing we've been working on is something we're calling the
Housing Alliance, and we've had great support from the Community
Foundation both financially and in spirit. And we've had a lot of
great conversations. They've now come up with their Community
Housing Impact Fund, which is going to be tremendous. There's a
lot of lessons learned from this project, let's just put it at that.
And they've opened up, now, this opportunity for us to partner
and to vet developments going forward and where there will be
opportunities to loan those funds into future developments, and that
can be for-profit or non-profit.
So I just wanted to make that point that there's even been a lot of
lessons learned from since this -- when this project began, but it is the
first of its kind in bringing that philanthropic contribution in. And at
that point in time, we didn't have this non-profit entity. We didn't
have that opportunity to vet and bring in for-profit developers,
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necessarily. So hopefully that clarifies a few things.
And I really do want to support the project. We've worked with
Steve on some of his other things, other developments in Immokalee.
We've gone and provided housing counseling, homeownership
education, so I do know that he's a great supporter of that and a
partner in bringing wraparound services to the tenants that would be
in this community. So thank you.
MR. MILLER: Your final registered speaker on this item is
Kelly Farrell.
Ms. Farrell, you're being prompted to unmute yourself, if you'll
do so at this time. Ms. Farrell, you're being prompt to unmute
yourself, if you'll do so at this time. I'm not seeing any response
from her. Ms. Farrell? Kelly Farrell, you're being prompted to
unmute yourself on your computer, if you could do that, on your
Zoom.
(No response.)
CHAIRMAN HALL: Going once.
MR. MILLER: Going twice. I'll keep an aye on this,
Mr. Chairman, and let you know if I have any movement.
CHAIRMAN HALL: Great. Commissioner LoCastro.
COMMISSIONER LoCASTRO: Thank you, sir.
You know, the term "unique" was used, and we were trying to
figure out maybe a better word. I like how Commissioner McDaniel
called this a template, but that -- you know, a template but with
lessons learned and improvements that can go forward.
I actually think not only is this a template that can continue to be
used and made better every time, but it's also an incredible
investment. I mean, I can see why in 2020 -- and I wasn't here
either. I was, you know, newly elected at the end of 2020 and wasn't
here. But I can see why some on this panel were probably very
supportive and maybe almost salivating to hear that the Collier
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Community Foundation and all the philanthropic pieces that were
coming together maybe for the first time for an important issue like
affordable housing was starting to happen, and maybe it was long
overdue.
I think anything that you can pull the Collier Community
Foundation into and get them involved and excited -- I mean, they've
been involved in this project, and on their own they've already started
to do so many other separate things when it comes to housing.
So we sort of -- you know, we lit the fuse a little bit and now
have them excited and paring off into other directions when it comes
to housing. So we primed the pump, I guess. And I don't know that
they needed us to prime their pump, but I think their involvement in
that project is what has now got them involved. And I'm sure the
panel that was here prior -- you know, it was Commissioner Saunders
and Commissioner McDaniel -- but the others, that was a big plus,
and I see it as a big plus now.
So I think this partnership is -- you know, it might be unique,
but I do think it is a good template and it's a good investment and not
one that we should just rubber stamp. But some of the things that
have caused this thing to slow and lag and kick the can and all
that -- well, let's make sure that we do look back on the history of
this, and the templates going forward we don't make those same
embarrassing mistakes.
No project's going to be a 10, but I sit here and say, a 9.5 now is
better than a 10 that never comes. So we could sit here and, you
know, want every single piece to be perfect, and we'll wind up sitting
here and not approving a whole lot of things. That doesn't mean we
settle, or if we have issues with this -- and if any of the
commissioners up here have issues that they don't feel comfortable,
you know, going forward, you know, speak now or forever hold your
tongue.
March 26, 2024
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I don't know if anybody else is lit up, but I feel that this project
is extremely advantageous to the community. It does all kind of
unique things that other projects have never done before. I think this
is only the start, and the lessons learned from this project will make
future projects move much quicker, be much more advantageous for
the taxpayer, but I don't see anything in this project that causes me
unbelievable concern.
And there's been things this county has approved that are out
there now on the street that, as a citizen, caused me unbelievable
concern, and, you know, predecessors before us maybe weren't as
concerned, or they didn't have a time machine to know that certain
projects weren't going to be as advantageous.
But this one, I think, has all the right pieces moving forward
with a lot of lessons learned. And unless anybody has an objection,
I'd make a motion to approve the income-sharing agreement and
approve all the documents related to the development, which is in
11.A, and then the sharing agreement is in 11.B. So I make that
motion to approve all as stated in 11.A and 11.B.
CHAIRMAN HALL: I will -- I like the comment, "Don't let
the perfect get in the way of the good." And there have been lessons
learned. I can count to three. I learned that from Commissioner
Saunders.
COMMISSIONER SAUNDERS: It took me years to learn. It
only took you, what, a --
CHAIRMAN HALL: I'm a -- but we do live in a different
world, but it's the world that we live in.
I wouldn't have made this deal, but the deal was made, so I'm
not going to sit here and wallow in would have, could have, should
have.
I think that there are things that we can really learn from going
forward. And I can appreciate Mr. Kirk's comments on the
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Page 184
revenue-sharing percentages of, you know -- and something that I did
not consider was the amount of grants that -- you know, it is our
money, but we passed it. But that was a good point, and I appreciate
you saying that.
And with that, I'll second the motion.
COMMISSIONER SAUNDERS: All right. We have a
motion and a second. All in favor, say aye?
COMMISSIONER McDANIEL: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN HALL: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN HALL: All opposed?
COMMISSIONER KOWAL: Aye.
CHAIRMAN HALL: Okay. Motion passes.
MR. FINN: Very good. Thank you, gentlemen.
COMMISSIONER SAUNDERS: That was a bit of a surprise.
COMMISSIONER KOWAL: Hmm?
COMMISSIONER SAUNDERS: That was a bit of a surprise.
COMMISSIONER KOWAL: I'll get my chance on May 30th.
MS. PATTERSON: Commissioners, that brings us to staff and
commission general communications.
Item #15A
PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE
CURRENT OR FUTURE AGENDA BY INDIVIDUALS NOT
ALREADY HEARD DURING PREVIOUS PUBLIC COMMENTS
IN THIS MEETING
MS. PATTERSON: First, Troy, do we have any public
comment?
March 26, 2024
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No public comment.
That moves us to -- we already had our staff project updates.
Item #15C
STAFF AND COMMISSION GENERAL COMMUNICATIONS
That brings us to Item 15C, staff and commission general
communications.
I do not have anything. Dan?
MR. RODRIGUEZ: No, County Manager.
MS. PATTERSON: Thank you.
County Attorney?
MR. TEACH: No comment.
MS. PATTERSON: Commissioners.
CHAIRMAN HALL: Commissioner McDaniel?
COMMISSIONER McDANIEL: Yes, sir.
CHAIRMAN HALL: Do you have any comments?
COMMISSIONER McDANIEL: Well, I want to ask if we
want to give direction to staff to have a review of the Golden Gate
Master Plan for Rural Golden Gate Estates. We talked about that
this morning. It's been five years.
I did speak with the Chairman of the East of 951 Horizon Study,
and he thinks that it might be a good fit for that organization to
have -- or for that group to have a look at the Golden Gate Master
Plan. And, predominantly, I'd like to keep it at -- you know, we
trifurcated the Golden Gate Master Plan in '19 into urban east -- or
west of 951 rural, east of 951, and Golden Gate City, "the four square
miles."
So I'd suggest that we limit the -- limit the look at the Rural
Golden Gate Estates, which is east of 951, and have a -- and have a
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review of that master plan.
CHAIRMAN HALL: I'd be in agreement with that.
COMMISSIONER McDANIEL: You okay with that?
Commissioner Saunders, that's part of your world now, too.
COMMISSIONER SAUNDERS: Sure.
COMMISSIONER McDANIEL: You all right with that?
All right. That's all I have.
CHAIRMAN HALL: Commissioner LoCastro.
COMMISSIONER LoCASTRO: I was just going to say, did
you notice how our legal advice today was so much sharper, so much,
like, on point? Did anybody pick up on that?
So I just want to go on the record -- I don't know if there was a
difference or there was a change or something, but, Scott, thanks, you
know, very much. I know that -- in all seriousness, we don't get to
see you in this chair a lot, but you do so much behind the scenes.
You know, I've had to meet with you a few times.
And I remember the first time we met I told Mr. Klatzkow -- and
I had never met you before. I said, "Wow, that guy's a real
superstar." I mean, he came to my office and just had, like, the
answer to every single question. And what he didn't have the answer
to, unbelievable sense of urgency.
So, you know, I know that you're filling in for him because, you
know, he's not here today for reasons we're all aware of. But, you
know, thank you so much for what you do, and your staff and
everything. It doesn't go unnoticed. So he's sitting in a seat
representing all of you, and, you know, I just want to thank you for
everything that your team does.
And I'm a Christian as well, but I think -- I think I
like -- attorneys are okay. It just depends on who they are, you
know. It's a mixed bag just like any other vocation.
But thank you. That's all I have, sir.
March 26, 2024
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Oh, and that's right, and Mr. Saunders is also an attorney, but I
think he's -- he might be a Christian. Maybe not. Oh, he's actually
not, but he's a man of his word and integrity.
That's all I have, sir.
CHAIRMAN HALL: Ms. Kinzel, do you have anything you
want to add before we finish?
MS. KINZEL: I don't want to jump in front of the other
commissioners, but I did want a couple things that I'll put on the
record.
I'm sorry. I was back there waving. I should have signed up as
a public speaker, but usually it's recognized -- on the last issue and
item. As Commissioner LoCastro put forward, "Speak now or
forever hold your peace." So I want to speak right now, I guess, on
some of the things, because we still have a gap. He has not
completed his financing until May 30th. You've extended it.
So some of the other agreements that you were working with or
presented with, particularly No. 5, you had no legal -- or we don't
really have the content of that.
Similarly situated, when you look at the distribution under the
sharing income -- and there were several things put on the record. I,
too, have been here many, many years and have kind of the history,
so I'd like to clarify some things.
Originally, it was McDowell that was selected by the majority of
your staff after great research, including Mr. Giblin. He ranked
them No. 1 for what was put forward.
The minutes of the meeting reflected that the reason that the
Board of County Commissioners changed was simply the $10 million
contribution by the Community Foundation. This shows you -- so I
wanted to speak to -- McDowell on this site was actually more units
than you would be getting with the current vendor. With the mix
of -- and I apologize, Commissioner LoCastro. I did not get to meet
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with you, but I met with most of the other commissioners.
COMMISSIONER LoCASTRO: Well, you know what I would
say, Ms. Kinzel?
MS. KINZEL: Yes.
COMMISSIONER LoCASTRO: This is all great information.
And you sit back there for the entire meeting. If you have something
to say before a vote, you know, it's a short walk up to the podium.
So this is all after the fact, and this is great --
MS. KINZEL: It is.
COMMISSIONER LoCASTRO: -- but you've worked here
long enough to know that if you -- it is, “Speak or forever hold your
tongue.” And if you forgot to sign up to be a speaker --
MS. KINZEL: I don't usually sign up because I'm the Clerk.
COMMISSIONER LoCASTRO: So this is all after the fact.
And like you said, you spoke with the other commissioners but, you
know, come up to the podium. And if you've got something that you
want to add, instead of feeding it to us through e-mails and hoping we
would carry the water, come up here and speak as a constitutional
officer and give us your feedback before we vote.
MS. KINZEL: Okay.
COMMISSIONER LoCASTRO: Especially if you think we're
about to do that incorrectly based on information you have that we
don't.
MS. KINZEL: Okay. I appreciate that, Commissioner
LoCastro. I did try to motion. I don't usually sign up as the
Clerk -- since we've done a lot of research on this.
So the reason I'm bringing it up now, first of all, there could be a
reconsideration or -- in hindsight, they may not get their financing by
May 30th. I think these are important issues, and I don't want to
miss the opportunity to get the information out to the community.
COMMISSIONER LoCASTRO: Okay.
March 26, 2024
Page 189
MS. KINZEL: So I would like to put it on the record, if that's
agreeable, Mr. Chair.
CHAIRMAN HALL: Yes, ma'am.
MS. KINZEL: Sir.
So the unit mix did change.
COMMISSIONER SAUNDERS: Let me also -- let me just
say --
MS. KINZEL: Go ahead.
COMMISSIONER SAUNDERS: -- you don't have to sign up.
I didn't know you wanted to speak.
MS. KINZEL: Oh, I'm sorry.
COMMISSIONER SAUNDERS: I saw you back there.
CHAIRMAN HALL: I didn't see you.
MS. KINZEL: That was what I was afraid of, and that's why I
started to walk up, and the motion went -- the vote was taken. So
that's okay.
I did speak with most of you, but I do want to put this on the
record, because I think there was some grand misinformation that
was shared, or articulated, that needs to be clarified for the record.
Okay. This was the mix change, and it shows you from the
initial portion of what was bid or solicited on both the senior and
veterans and the workforce housing. So it did shift in your numbers
of units in these categories.
Now, the information that was presented about the rents and the
rentals, I just want to use -- this is from the workforce housing and
the Foundation's newspaper article, so I'd like to point this out. It
basically -- I'll put it back on there, but what it says is, "To illustrate,
five years ago, monthly payment for a $250,000 home mortgage at an
interest rate of 3.5 was $1,122. Today, at 7 percent rates, that same
home payment is 1663 a month, a 40 percent increase," and they
thought that was somewhat egregious. But if you look at the rents,
March 26, 2024
Page 190
now the majority of rents, even for a one-bedroom, exceeds that
estimated mortgage payment on purchasing a home. So I think we
should consider what is the market and what we're doing.
Additionally, according to their own marketing study that was
included in the documents, their forecast is that in the recommended
mix of units, you will actually have surplus in those units when, in
fact, it's been pointed out that in those other lower ranges you may
have even a greater need. So we're distributing that amount of
money to an indicated surplus by their own agreements.
Now, we talk a lot about the share agreement. A little bit of
history: When they first submitted this, there was no share. There
was no identification of a share even with the Foundation. They had
said that the Foundation was doing a contribution of $10 million.
When we received the first pro forma -- five we've received to
date. But when we first received the pro forma, there was no cost
share for the county. There was a cost share for the Foundation and
the developer.
We had a meeting with county staff and with the Foundation,
and we really positioned why the county would not get back at least
the investment amount if not a proportional share, because the
Foundation was positioned to get much more than their original
contribution. And the county, as with the Foundation, can use these
funds in perpetuity to do additional housing of the mix that you see in
the market.
With the agreement on the income sharing that was on the
agenda before you today, there is no specificity to the use of those
funds by the Foundation. In fact, I've been asking for several
months to obtain a copy of the agreement that the developer has with
the Foundation and/or any other of their funding sources. In order
for you to really evaluate the capacity for this project and the return
on investments, I think we need to know who are all the investors and
March 26, 2024
Page 191
what all is going into the project. Again, I've been asking for those
agreements.
What -- the Foundation agreement on the project income that
you had before you provides for a lot of things, but no specificity
onto the number of housing units, the type of housing units. It really
gives a full hand to the Foundation to subsidize different housing
projects, as the county could do also.
And when you look at the return on investments -- and I'll put
this before you -- the reason -- one of the reasons it cut off at 40, that
would have given a $55 million return to the Foundation and a
$55 million -- and, again, yes, based on pro formas, but this is the
best information we have for you to make a decision -- would be
55 million for Collier County.
After Year 40, the projections are that the Foundation would
have made 36 million additional, and they would have made
36 million -- we would have made also 36 million for those 10 years.
So there's a grand increase, if you look at -- I'll show you. If
you look at the 31 years' portion, you make about 27 million in that
year to get up to the 55-. For the next 10 years after that price point,
you make an exception about [sic] money in addition to that, and all
of that could be reinvested.
Now, when we got the first pro forma, the indication was that
they were thinking of selling the properties in 2042, which would
have been in 18 years. We questioned that. "What do you intend to
do with it?"
"Sell it."
Now, Mr. Kirk put on today that he did not intend to sell it.
And while I realize that most -- none of us except Commissioner
Saunders might be here in that period, I think it is due diligence on
the behalf of the taxpayer that was really not articulated properly at
that point.
March 26, 2024
Page 192
We've also seen some rents -- the one rental that we had here
was the 1900, 21-, and 24-. And, in fact, the information that he put
forward was in addition to that. So the rents could actually be higher
on the people. Some of the investment or some of the residual
profits could be used to reduce those rents to the public and to the
housing units.
In summary, I want to point out this has been over four years.
The funding commitment is still unknown and extended. The
groundbreaking on starting to build, unknown. There are no dates
specific. It's within months after certain triggering points.
Phase 1, complete for occupancy? We don't know. Phase 2
funding, not even in the realm of what you've been discussing today.
Breaking ground with Phase 2, don't know. And a year when both
phases are occupied, totally unknown. As you've pointed out, many
of these other, the Bembridge property, those, they're up and running
and occupied.
So this has gone on and on. The agreements -- I would request
that since you have passed it, either, A, reconsider some of these facts
or, B, at a minimum, over the next 30 to 60 days we get very tight
contractual agreements for what is going to be produced in Collier
County with the residual funds, particularly by the Foundation.
And with that, I'll answer any other questions.
CHAIRMAN HALL: Thanks, Ms. Kinzel.
MS. KINZEL: Thank you.
CHAIRMAN HALL: Commissioner Kowal, back to you for
comments.
COMMISSIONER KOWAL: Thank you, Chairman.
I just want to let everybody know, I agree -- and the public
speakers that came up, you know, I agree 110 percent with them. I
understand the problem here. I've lived it. You know, I know what
it was like when I first got here. I mean, I know -- over the years, I
March 26, 2024
Page 193
was on the pay plan committee for the Sheriff's Department, and I
saw the struggles these young deputies -- and, you know, they were
starting out -- to find a place here to live and work within their
communities. And, believe me, I know. I know the struggles, and I
agree 110 percent.
I just don't want everybody to say that, you know, I voted no on
this -- and I voted no on this because sometimes we have to look at
the mission at hand, and sometimes it might not be the right people
carrying out the mission at hand, and that's why I just feel that, you
know -- I remember having a meeting probably a year ago with the
Collier Foundation people and Mr. Kirk -- well, it wasn't Mr. Kirk. I
think it was just the Collier Foundation people, and they were
concerned because things weren't moving along.
And one of their largest contributors was ready to claw back
their money, you know. And I don't know where that is still today.
You know, I don't know, if this keeps continuing kicking the can
down the road, you know, May 30th comes, do we have this same
conversation, you know, and then their contributor decides they don't
want to put 5 million, or whatever, in this particular philanthropist,
you know. Now where's that 10 million?
So I don't know. I just feel that it's been four years. I've only
been on the Board for, what, 15 months now, or starting the 15th
month, and I've seen other developers partnered and the results of
that. And, you know -- and I've seen the results. I've stood there at
ribbon cuttings. And I've seen the results of what this board has
done over the past year and, you know, forcing the hand on
developers to make a percentage of their units at affordable rates, at
80 percent or lower.
You know, I think we had the one -- the Ascend project at
30 percent -- 30 percent of their units just to get approved, you know.
They're paying taxes. They're paying ad valorem tax on their
March 26, 2024
Page 194
properties, and they're going to pay taxes to the community. They
didn't have to do that, but, you know, they saw the need.
So by no means I'm against the end result of this project. I just
don't know if we have the right team doing the mission, if that makes
any sense. So I just want to make sure you get that on the record.
CHAIRMAN HALL: Commissioner Saunders.
COMMISSIONER SAUNDERS: Okay. I don't have any
comments on the project. I assume we're still wrapping up --
COMMISSIONER KOWAL: This is just the end.
COMMISSIONER SAUNDERS: -- our communications.
CHAIRMAN HALL: Yes.
COMMISSIONER SAUNDERS: I've got 14 items I want to go
through.
COMMISSIONER McDANIEL: Three minutes apiece.
COMMISSIONER SAUNDERS: I've talked to our staff. You
know, there's been a lot of publicity over the last, certainly, years, but
it's accelerated, I think, in the last several months with the cyber
issues, cyber attacks. There was a report to Congress concerning
some major efforts by the Chinese to infiltrate our systems around the
country. And I just want to get a report back from the staff on what
we're doing to make sure that our systems -- our water systems and
all of that are being made as secure as we can.
Obviously, that requires funding sometimes. But I think if you
need additional funding for security for our computers and all of our
systems, that's money well spent. So I'd just like to get something
back from staff on that.
Secondly, we do have House Bill 1365 dealing with homeless
camps, and I think we're going to need to take some action in
reference to that. I'd like the County Attorney to report back to us
on what, if anything, we need to do to make sure that we're in
compliance with that and we have the right structure; whatever we
March 26, 2024
Page 195
need to do. I've not read the bill -- I've just heard about it and read a
little bit about it, but I've not read the bill so I don't know if there are
any mandates on the part of local government to set things up, so I
want to get a report back from the County Attorney.
And then, finally -- this is something that Commissioner
McDaniel had brought up some time ago, and we all talked about
charter schools and the possibility of charter schools popping up here
or there. And when I talked to Jeff Klatzkow about that, he made it
seem pretty clear that we didn't really have a whole lot, if any,
authority to deal with that.
But I'd like a full report from the County Attorney on what it
takes to form a charter school, just in general. I really don't need
details about what has to be presented. But what does it take, and
what do we -- can we intervene at any point in that process, and do
we have any authority at all?
So, in other words, I think the Ascend project may be the project
where that came up, where the thought was, well, there could be a
charter school there. Well, it turns out there is going to be a charter
school not too far from there --
COMMISSIONER McDANIEL: On the other end.
COMMISSIONER SAUNDERS: -- in the neighborhood.
I think you're right, Commissioner McDaniel. I think those are
the types of projects that -- we could see more of those. And so I
think we just need to know if we have any authority at all. And if
we don't have any authority right now, do we have the ability to pass
any ordinances to create some authority?
MR. TEACH: We'll take a look at that, Commissioner. I
know that a lot of the authority is governed by a combination of
interlocal agreements and Florida Statute, and it's a little bit -- I took
a -- like a high-vision look at it the other day, and it's pretty complex,
but we'll break it down.
March 26, 2024
Page 196
COMMISSIONER SAUNDERS: My understanding is we do
have an interlocal agreement, but it has expired.
MR. TEACH: Right. And, generally, although there's
exceptions, you have to treat a charter school the same way that you
treat a school district school for planning and zoning purposes, is my
understanding, but it's a little bit more complex than that.
COMMISSIONER SAUNDERS: Maybe that agreement needs
to be refreshed. As I said, I understand it has expired, so...
MR. TEACH: Yeah.
COMMISSIONER SAUNDERS: And I was just kidding about
the other nine or 10.
COMMISSIONER KOWAL: Fourteen.
COMMISSIONER SAUNDERS: Fourteen, yeah.
CHAIRMAN HALL: You're going to pass on the 13 -- or the
12?
COMMISSIONER SAUNDERS: I can come up with
something if you'd like.
CHAIRMAN HALL: I've got an item that's going to come up.
I'm in the process of working on it. But, basically, it's a safety issue,
and I just want to let you all know what it's going to be, because I
don't want to have a big conversation when it comes.
But at the end of Crayton Drive, right there where Naples
Grande hotel is, Crayton comes in and it dead ends in Pelican Bay,
and all the cyclists and all the pedestrians, we cross that, and we go
into the tennis court parking lot and dodge the little concrete things
and then jump out on Seagate to turn left.
I'm going to propose just to put a straight path. Not a -- just a
pedestrian and a cycling path with a bollard so that, you know, not
even a golf cart can get through there. I'm not going to
involve -- I'm not going to, you know, get involved with all the public
comment and all that. So I just want to -- I'm probably going to try
March 26, 2024
Page 197
to bring that up in the next meeting so that -- it's a safety issue.
Other than that, I thought we had some pretty decent
conversation today. There are lessons to learn from this project, and
there's -- I appreciate you pulling off the tourism thing. And I
thought we had some good conversation, and we're going to have
some things coming back from staff that I think will be helpful.
And with that, it's suppertime. We're adjourned.
*******
****Commissioner Kowal moved, seconded by Commissioner
Saunders and carried that the following items under the consent and
summary agendas be approved and/or adopted****
Item #16A1
CLERK OF COURTS TO RELEASE A PERFORMANCE BOND
IN THE AMOUNT OF $4,980, WHICH WAS POSTED AS A
DEVELOPMENT GUARANTEE FOR AN EARLY WORK
AUTHORIZATION (EWA) FOR WORK ASSOCIATED WITH
WINCHESTER PHASE 2, PL20230014392 – THE FINAL PLAT
WAS APPROVED BY THE BOARD ON DECEMBER 12, 2023
Item#16A2
CLERK OF COURTS TO RELEASE A PERFORMANCE BOND
IN THE AMOUNT OF $233,240, WHICH WAS POSTED AS A
GUARANTEE FOR EXCAVATION PERMIT NUMBER
PL20220005335 FOR WORK ASSOCIATED WITH
STONEBRIDGE COUNTRY CLUB - GOLF COURSE
RENOVATIONS – STAFF INSPECTED THE LAKES ON
March 26, 2024
Page 198
FEBRUARY 20, 2024
Item #16A3
CLERK OF COURTS TO RELEASE A PERFORMANCE BOND
IN THE AMOUNT OF $163,400, WHICH WAS POSTED AS A
GUARANTEE FOR EXCAVATION PERMIT NUMBER
PL20220008091 FOR WORK ASSOCIATED WITH THE
VINEYARDS COUNTRY CLUB - SOUTH GOLF COURSE
RENOVATION - STAFF INSPECTED THE LAKES ON
FEBRUARY 20, 2024
Item #16A4
RELEASE OF A CODE ENFORCEMENT LIEN WITH AN
ACCRUED VALUE OF $303,195.64 FOR A REDUCED PAYMENT
OF $19,940.60 IN THE CODE ENFORCEMENT ACTION TITLED
BOARD OF COUNTY COMMISSIONERS VS. JASON LEE
WILLARD EST., RELATING TO PROPERTY LOCATED AT 1680
ACREMAKER RD, COLLIER COUNTY, FLORIDA – ACQUIRED
VIA A TAX DEED THE NEW OWNER BROUGHT THE
PROPERTY INTO COMPLIANCE ON JULY 14, 2023
Item #16A5
RESOLUTION 2024-43: A RESOLUTION TO HOLD A PUBLIC
HEARING ON APRIL 9, 2024 TO CONSIDER VACATING FOUR
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,
March 26, 2024
Page 199
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
(PL20240000788)
Item #16B1
AWARD INVITATION TO BID (ITB) NO. 23-8163,
“INSTALLATION & MAINTENANCE OF TRAFFIC SIGNALS
AND ROADWAY LIGHTING” TO SOUTHERN SIGNAL &
LIGHTING, INC., (PRIMARY VENDOR) AND HORSEPOWER
ELECTRIC INC., (SECONDARY VENDOR), AUTHORIZE THE
CHAIRMAN TO SIGN THE ATTACHED AGREEMENT
Item #16B2
A FIRST AMENDMENT WITH SUPERIOR LANDSCAPING &
LAWN SERVICE, INC., AND A SECOND AMENDMENT WITH
SUPERB LANDSCAPE SERVICES, INC., UNDER AGREEMENT
NO. 18-7430, “LANDSCAPE MAINTENANCE VENDORS,”
EXTENDING THOSE AGREEMENTS FOR AN ADDITIONAL
180 DAYS, AND AUTHORIZE THE CHAIRMAN TO SIGN THE
ATTACHED AMENDMENTS
Item #16B3
AWARD INVITATION FOR QUALIFICATIONS (IFQ) NO. 23-
8135 “EXOTIC VEGETATION AND NUISANCE VEGETATION
REMOVAL” TO EARTHBALANCE CORPORATION, EARTH
March 26, 2024
Page 200
TECH ENVIRONMENTAL SERVICES, LLC., SANDHILL
ENVIRONMENTAL SERVICES, LLC., A+ ENVIRONMENTAL
RESTORATION, LLC., WOODS AND WETLANDS, INC.,
PENINSULA IMPROVEMENT CORPORATION DBA COLLIER
ENVIRONMENTAL SERVICES, ENVIRONMENTAL
RESTORATION CONSULTANTS, INC., DEANGELO
CONTRACTING SERVICES, LLC., AND AUTHORIZE THE
CHAIRMAN TO SIGN THE ATTACHED AGREEMENTS
Item #16B4
A BUDGET AMENDMENT IN THE AMOUNT OF $22,532.20 TO
RECOGNIZE REVENUES RECEIVED FROM TRAFFIC
ACCIDENT REIMBURSEMENTS FROM INSURANCE
COMPANIES IN LANDSCAPE PROJECT FUND (1012)
Item #16B5
RECOGNIZING CARRY FORWARD FUNDING FOR THE
COLLIER METROPOLITAN PLANNING ORGANIZATION
(MPO) IN THE AMOUNT OF $5,828.30, EARNED FROM THE FY
2022/23 TRANSPORTATION DISADVANTAGED PLANNING
GRANT, AND TO APPROVE ALL RELATED NECESSARY
BUDGET AMENDMENTS
Item #16B6
AN AGREEMENT FOR THE PURCHASE OF A DRAINAGE
EASEMENT (PARCEL 147DE) REQUIRED FOR THE WEST
GOODLETTE-FRANK ROAD AREA STORMWATER
IMPROVEMENT PROJECT PHASE 2 (PROJECT NO. 60142,
March 26, 2024
Page 201
ESTIMATED FISCAL IMPACT: $28,871 FROM STORMWATER
CAPITAL IMPROVEMENT FUNDS) – FOLIO #661945360006
Item #16B7
CHANGE ORDER NO. 1 UNDER AGREEMENT NO. 22-7976
WITH SACYR CONSTRUCTION USA FOR THE CR862
VANDERBILT BEACH ROAD EXTENSION FROM CR951
COLLIER BLVD. TO 16TH ST. NE PROJECT FOR ONE
HUNDRED SEVENTY-THREE (173) ADDITIONAL DAYS AND
$790,742.31 FOR UNFORESEEN ADDITIONAL ITEMS
REIMBURSABLE FROM THE OWNER’S ALLOWANCE,
INCLUDING AN AFTER-THE-FACT PAYMENT IN THE
AMOUNT OF $17,126.29 FOR MATERIAL TESTING, AND
AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED
CHANGE ORDER. (PROJECT NO. 60168, ESTIMATED FISCAL
IMPACT: $790,742.31 FROM CONTRACT ALLOWANCE-
ROADWAY FUNDS) – EXTENDING THE COMPLETION DATE
TO MARCH 18, 2026
Item #16B8
THE ELECTRONIC SUBMISSION OF THE COUNTY
INCENTIVE GRANT PROGRAM (CIGP) AND THE
TRANSPORTATION REGIONAL INCENTIVE PROGRAM (TRIP)
APPLICATIONS WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION TO FUND THE DESIGN OF A MAJOR
INTERSECTION IMPROVEMENT AT GOLDEN GATE
PARKWAY AND LIVINGSTON RD. IN THE AMOUNT OF
$6,000,000 – ALLOWING FOR OPTIMIZED TRAFFIC FLOW
AND REDUCED DELAYS AND IMPROVED ROADWAYS
March 26, 2024
Page 202
Item #16B9
RESOLUTION 2024-44: A LOCAL AGENCY PROGRAM (LAP)
FEDERAL-FUNDED GRANT AGREEMENT WITH THE
FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT)
REIMBURSING THE COUNTY UP TO $8,710,000 FOR THE
CONSTRUCTION OF THE 16TH STREET NE BRIDGE PROJECT
AND AUTHORIZE THE NECESSARY BUDGET AMENDMENT,
FPN 451283-1-58-01 (PROJECT NO.60212, FUND 1841)
Item #16C1
DONATION AGREEMENT WITH COLLIER PARK OF
COMMERCE OWNERS’ ASSOCIATION, INC., A FLORIDA NOT-
FOR-PROFIT CORPORATION, AT A COST NOT TO EXCEED
$750 FOR PAYMENT OF PROPERTY OWNER’S ATTORNEY
FEES FOR THE ACQUISITION OF A UTILITY EASEMENT TO
EXPAND THE EASEMENT AREA FOR PUMP STATION 309.12 –
ACCOMMODATING A PORTABLE GENERATOR IN THE
EVENT OF A POWER OUTAGE
Item #16C2
AN EASEMENT TO FLORIDA POWER & LIGHT CO., FOR
INSTALLATION OF A SWITCH CABINET TO FACILITATE
CONVERSION OF OVERHEAD TO UNDERGROUND SERVICE,
AT THE GOLDEN GATE WASTEWATER TREATMENT PLANT
AT 4931 32ND AVE SW, NAPLES, FLORIDA – FOLIO
#36450440006
March 26, 2024
Page 203
Item #16C3
WAIVE LIQUIDATED DAMAGES OF $97,020 FOR
COMPLETION OF THE WALL, GATE, AND LANDSCAPING
FOR THE COMMUNITY PUMP STATION 101.16
REHABILITATION PROJECT; APPROVE THE REVISED
NOTICE TO PROCEED ESTABLISHING SUBSTANTIAL AND
FINAL COMPLETION DATES; APPROVE AFTER-THE-FACT
PAYMENT OF PAY A PPLICATION 1 THE AMOUNT OF
$93,094.24 FOR THE PROJECT WORK COMPLETED THROUGH
AUGUST 31, 2023; AND APPROVE CONTINUED WORK AND
COMPLETION OF THE PROJECT (PROJECT #70139)
Item #16D1
AMENDMENT #9 TO THE STATE AND LOCAL FISCAL
RECOVERY PLAN TO INCLUDE A REALLOCATION OF
FUNDS TO SUPPORT AFFORDABLE HOUSING AND MENTAL
HEALTH SERVICES AND ALLOW FOR THE PURCHASE OF
ADDITIONAL AMBULANCES TO ENHANCE SERVICES
THROUGHOUT COLLIER COUNTY – AS DETAILED IN THE
EXECUTIVE SUMMARY
Item #16D2
A BUDGET AMENDMENT TO RECOGNIZE INTEREST
EARNED, IN THE AMOUNT OF $1,760.02, FOR THE PERIOD
OF OCTOBER 2023 THROUGH DECEMBER 2023 ON
ADVANCED LIBRARY FUNDING RECEIVED FROM THE
FLORIDA DEPARTMENT OF STATE TO SUPPORT LIBRARY
SERVICES FOR THE USE OF COLLIER COUNTY RESIDENTS
March 26, 2024
Page 204
(PUBLIC SERVICE MATCH FUND 1840)
Item #16D3
(1) A FUND TRANSFER IN THE AMOUNT OF $27,600 TO
EMERGENCY SOLUTIONS GRANTS PROGRAM PY22 MATCH
FUND FROM COLLIER COUNTY SENIORS FUND (2)
TRANSFER $2,400 WITHIN EMERGENCY SOLUTIONS
GRANTS PROGRAM HOUSING MATCH FUND FROM PY21
MATCH PROJECT TO PY22 PROJECT AND (3) REALLOCATE
$677.60 OF MATCH WITHIN PY22 PROJECT TO MEET THE
REQUIRED FEDERAL MATCH OBLIGATION FOR THE
EMERGENCY SOLUTIONS GRANT PROGRAM
Item #16D4
THE STATE HOUSING INITIATIVES PARTNERSHIP ANNUAL
REPORT AND LOCAL HOUSING INCENTIVE CERTIFICATION
FOR THE CLOSEOUT OF FISCAL YEAR 2020/2021 AND
AUTHORIZE THE ELECTRONIC SUBMISSION TO FLORIDA
HOUSING FINANCE CORPORATION TO ENSURE
COMPLIANCE WITH PROGRAM REQUIREMENTS (SHIP
GRANT FUND 1053) – WHICH IS DUE TO FHFC BY MARCH
31, 2024, VIA INTERNET SUBMITTION
Item #16D5
THE CHAIRMAN TO SIGN THE HUD FEDERAL FINANCIAL
REPORT SF-425 FOR THE CLOSE OUT OF THE HOME GRANT
FOR FISCAL YEARS 2011, 2012, 2013, 2014, 2015, AND 2017
March 26, 2024
Page 205
Item #16D6 – Continued to April 9, 2024 (Per Agenda Change Sheet)
Item #16D7
A DONATION OF $75,000 FROM THE FRIENDS OF THE
LIBRARY OF COLLIER COUNTY, INC., TO THE COLLIER
COUNTY PUBLIC LIBRARY FOR THE PURCHASE OF
EBOOKS AND EAUDIO TO ENHANCE THE LIBRARY’S
ELECTRONIC MATERIALS COLLECTION, AND TO
AUTHORIZE THE NECESSARY BUDGET AMENDMENT
Item #16D8
THE ANNUAL FY24-25 RETIRED AND SENIOR VOLUNTEER
PROGRAM GRANT AWARD FROM AMERICORPS SENIORS IN
THE AMOUNT OF $77,500 WITH THE REQUIRED MATCH
OBLIGATION OF $47,754 AND AUTHORIZE THE NECESSARY
BUDGET AMENDMENTS. (HUMAN SERVICES GRANT FUND
1835 AND HUMAN SERVICES MATCH FUND 1836)
Item #16D9
“AFTER-THE-FACT” SUBMISSION OF A GRANT
APPLICATION TO THE FLORIDA DEPARTMENT OF
CHILDREN AND FAMILIES FOR THE CRIMINAL JUSTICE,
MENTAL HEALTH, AND SUBSTANCE ABUSE
REINVESTMENT GRANT PROGRAM IN THE AMOUNT OF
$2,407,857 INCLUDING $1,207,857 IN MATCH OVER THREE (3)
YEARS
Item #16D10
March 26, 2024
Page 206
THE CHAIRMAN TO SIGN A FOUR-YEAR AGREEMENT
BETWEEN COLLIER COUNTY AND THE DAVID LAWRENCE
MENTAL HEALTH CENTER IN THE AMOUNT OF $900,000 TO
OPERATE THE COLLIER COUNTY ADULT DRUG COURT
PROGRAM UTILIZING FUNDS FROM THE DEPARTMENT OF
JUSTICE, BUREAU OF JUSTICE ASSISTANCE
Item #16F1
ADOPT THE 2024 STRATEGIC PLAN WITH THE INCLUSION
OF CHANGES BASED UPON DIRECTION RECEIVED AT THE
FEBRUARY 6, 2024, BOARD WORKSHOP
Item #16F2
TITLE TO TRACT 10, WIGGINS BAY, PHASE I, SUBJECT TO
CERTAIN ENCUMBRANCES, PURSUANT TO ORDINANCE
NO. 23-46 AND ITS RELATED AMENDED SETTLEMENT
AGREEMENT – BETWEEN COLLIER COUNTY AND LODGE
ABBOTT ASSOCIATES, LLC
Item #16F3
CHANGE ORDER NO. 1 FOR A 180-DAY TIME EXTENSION
FOR THE COLLIER COUNTY JAIL FIRE ALARM
REPLACEMENT” PROJECT, UNDER AGREEMENT NO. 22-8018
WITH NATIONAL SECURITY FIRE ALARM SYSTEMS, LLC.
(PROJECT NO. 50237) – REVISING THE COMPLETION DATE
TO NOVEMBER 28, 2024
March 26, 2024
Page 207
Item #16F4 – Moved to Item #11E (Per Agenda Change Sheet)
Item #16F5 – Moved to Item #11F (Per Agenda Change Sheet)
Item #16F6
THE THIRD AMENDMENT TO A MEMORANDUM OF
UNDERSTANDING (MOU) BETWEEN PUBLIC SERVICES
DEPARTMENT, COMMUNITY AND HUMAN SERVICES, AND
COLLIER COUNTY EMERGENCY MEDICAL SERVICE (EMS),
TO MODIFY SCOPE OF WORK FROM FOUR AMBULANCES
TO THE PURCHASE OF UP TO SEVEN AMBULANCES UNDER
COLLIER PUBLIC HEALTH INFRASTRUCTURE PROGRAM,
ARP21-23, FOR A TOTAL OF $2.7 MILLION WITHIN THE
EMERGENCY MEDICAL SERVICES GRANT FUND UNDER
THE AMERICAN RESCUE PLAN ACT, LOCAL FISCAL
RECOVERY FUND
Item #16F7
RENEW A CERTIFICATE OF PUBLIC CONVENIENCE AND
NECESSITY FOR CLASS 2 ALS NON-EMERGENCY INTER-
FACILITY AMBULANCE TRANSPORTS TO MEDTREK
MEDICAL TRANSPORT, INC., TO PROVIDE INTER-FACILITY
AND OUT OF COUNTY AMBULANCE TRANSFER SERVICES
Item #16F8
BUDGET AMENDMENT WITHIN COUNTY WIDE CAPITAL
PROJECT FUND (3001) IN THE AMOUNT OF $850,000 TO NEW
AIR CONDITIONERS PROJECT (52162) FROM REROOFING
March 26, 2024
Page 208
PROJECT (#52161) TO SUPPORT CURRENT PRIORITY NEEDS
Item #16F9
RESOLUTION 2024-45: 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)
Item #16F10
AFTER-THE-FACT ELECTRONIC SUBMITTAL OF AN
ASSISTANCE TO FIREFIGHTERS GRANT APPLICATION TO
FEMA IN THE AMOUNT OF $883,600.00 FOR THE PURCHASE
OF 94 REPLACEMENT PORTABLE RADIOS FOR EMS AND TO
ALLOW THE COUNTY MANAGER, OR DESIGNEE, TO SERVE
AS THE AUTHORIZED REPRESENTATIVE IN THE
ELECTRONIC SYSTEM, FEMA GO, THROUGHOUT THE
GRANT PERIOD
Item #16F11
A REPORT COVERING BUDGET AMENDMENTS IMPACTING
RESERVES UP TO AND INCLUDING $25,000 AND MOVING
FUNDS IN AN AMOUNT UP TO AND INCLUDING $50,000.
(ALL DISTRICTS) – FOR OTHER CONTRACTUAL
March 26, 2024
Page 209
Item #16F12
THE CHAIRMAN TO EXECUTE AN AMENDMENT AND
EXTENSION TO AN EXISTING AGREEMENT BETWEEN THE
VILLAS AT BAREFOOT BEACH HOMEOWNER’S
ASSOCIATION, INC., AND COLLIER COUNTY FOR A
MAINTENANCE AGREEMENT FOR CONTIGUOUS
PROPERTIES AT BAREFOOT BEACH PARK NORTH ACCESS –
MAKING THIS AGREEMENT VALID FROM DECEMBER 10,
2023, THROUGH DECEMBER 10, 2030
Item #16F13
RENEW THE ANNUAL CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY (COPCN) AND PERMIT FOR
A CLASS 1 (ALS TRANSPORT/ALS RESCUE) AND CLASS 2
(ALS INTRA-FACILITY ALS AMBULANCE TRANSPORT) FOR
THE SEMINOLE TRIBE FIRE RESCUE DEPARTMENT WITHIN
THE BOUNDARIES OF THE SEMINOLE TRIBE IN
IMMOKALEE
Item #16H1
PROCLAMATION DESIGNATING APRIL 13 - 20, 2024, AS
PICKLEBALL WEEK IN COLLIER COUNTY. ACCEPTED BY
MIKE DEE, CEO, PICKLEBALL FOR AMERICA AND TERRI
GRAHAM AND CHRIS EVON, CO-FOUNDERS OF THE MINTO
US OPEN PICKLEBALL CHAMPIONSHIPS
Item #16H2
March 26, 2024
Page 210
PROCLAMATION DESIGNATING MARCH 2024 AS AMERICAN
RED CROSS MONTH IN COLLIER COUNTY. ACCEPTED BY
JILL PALMER, EXECUTIVE DIRECTOR, SOUTH FLORIDA
REGION, AND DENNIS G.E. SANDERS, COMMUNITY
VOLUNTEER LEADER
Item #16I1
MISCELLANEOUS CORRESPONDENCE MARCH 26, 2024
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
March 26, 2024
1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS
DIRECTED:
A. DISTRICTS:
1) Naples Heritage Community Development District:
01/02/2024 Agency Memo, Signed Minutes & Agency Mailing
2) Cedar Hammock Community Development District:
02/13/2024 Agency Memo, Signed Minutes & Agency Mailing
3) Quarry Community Development District:
02/12/2024 Agency Memo, Signed Minutes & Agency Mailing
March 26, 2024
Page 211
Item #16J1
DETERMINE VALID PUBLIC PURPOSE FOR INVOICES
PAYABLE AND PURCHASING CARD TRANSACTIONS AS OF
MARCH 20, 2024
Item #16J2
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 $31,541,560.17 WERE DRAWN FOR THE
PERIODS BETWEEN FEBRUARY 29, 2024, AND MARCH 13,
2024, PURSUANT TO FLORIDA STATUTE 136.06
Item #16K1
RESOLUTION 2024-46: APPOINT THE INITIAL MEMBERSHIP
OF THE ROCK ROAD IMPROVEMENT ADVISORY
COMMITTEE – REAPPOINTING GREGORY DAVENPORT AND
BRIAN GALLIGAN WITH TERM EXPIRING ON MARCH 26,
2026, REAPPOINTING JEAN HOFSTETTER, JANA BOGER
AND ALBERTO SANCHEZ JIMENEZ WITH TERMS EXPIRING
ON MARCH 26, 2027
Item #16L1
THE COLLIER COUNTY COMMUNITY REDEVELOPMENT
AGENCY AND THE BOARD OF COUNTY COMMISSIONERS
REVIEW AND ACCEPT THE 2023 ANNUAL REPORTS FOR THE
March 26, 2024
Page 212
TWO COMMUNITY REDEVELOPMENT COMPONENT AREAS:
BAYSHORE GATEWAY TRIANGLE AND IMMOKALEE AND
PUBLISH THE REPORTS ON THE APPROPRIATE WEBSITES
Item #17A
ORDINANCE 2024-07: AN ORDINANCE AMENDING THE
FUTURE LAND USE ELEMENT OF THE COLLIER COUNTY
GROWTH MANAGEMENT PLAN TO CREATE THE HOME
DEPOT-SE NAPLES COMMERCIAL SUBDISTRICT TO ALLOW
DEVELOPMENT OF 140,000 SQUARE FEET OF GROSS FLOOR
AREA OF COMMERCIAL USES AND HOME IMPROVEMENT
STORE USES. THE SUBJECT PROPERTY IS LOCATED ON THE
SOUTH SIDE OF TAMIAMI TRAIL EAST (U.S. 41),
APPROXIMATELY 650 FEET EAST OF BAREFOOT WILLIAMS
ROAD, IN SECTION 33, TOWNSHIP 50 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 13.77±
ACRES. [PL20220000946] (COMPANION ITEM TO #17B)
Item #17B
ORDINANCE 2024-08: AN ORDINANCE REZONING
PROPERTY TO ESTABLISH THE HOME DEPOT - SE NAPLES
CPUD TO ALLOW DEVELOPMENT OF 140,000 SQUARE FEET
OF GROSS FLOOR AREA OF COMMERCIAL/OFFICE USES
AND HOME IMPROVEMENT STORE USES; AND TO REPEAL
AN OLD PROVISIONAL USE RESOLUTION AND REZONE
ORDINANCE COMMITMENT RELATED TO AN ACCESS
ROAD. THE SUBJECT PROPERTY IS 13.77+ ACRES LOCATED
ON THE SOUTH SIDE OF TAMIAMI TRAIL EAST (U.S. 41),
APPROXIMATELY 650 FEET EAST OF BAREFOOT WILLIAMS
March 26, 2024
Page 213
ROAD, IN SECTION 33, TOWNSHIP 50 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA. [PL20220000543]
(COMPANION ITEM TO #17A)
Item #17C
ORDINANCE 2024-09: AN ORDINANCE AMENDING THE
FUTURE LAND USE ELEMENT OF THE COLLIER COUNTY
GROWTH MANAGEMENT PLAN TO CREATE THE BOAT
HOUSE COMMERCIAL SUBDISTRICT TO ALLOW A
MAXIMUM OF 32,500 SQUARE FEET OF GROSS FLOOR AREA
OF COMMERCIAL INTERMEDIATE (C-3) OR 20,000 SQUARE
FEET OF GROSS FLOOR AREA OF BOAT SALES AND BOAT
AND ENGINE SERVICES AND REPAIRS. THE SUBJECT
PROPERTY, CONSISTING OF 3.5± ACRES IS LOCATED SOUTH
OF RADIO ROAD, NORTH OF DAVIS BOULEVARD AND EAST
OF RADIO ROAD IN SECTION 3, TOWNSHIP 50 SOUTH,
RANGE 26 EAST. [PL20230002069] (COMPANION ITEM TO
#17D)
Item #17D
ORDINANCE 2024-10: AN ORDINANCE REZONING
PROPERTY FROM THE COMMERCIAL INTERMEDIATE
DISTRICT (C-3) ZONING DISTRICT TO A COMMERCIAL
PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT
FOR THE PROJECT TO BE KNOWN AS THE BOAT HOUSE
CPUD TO ALLOW THE DEVELOPMENT OF UP TO 32,500
SQUARE FEET OF GROSS FLOOR AREA OF COMMERCIAL
INTERMEDIATE (C-3) COMMERCIAL USES OR 20,000
SQUARE FEET OF GROSS FLOOR AREA OF BOAT SALES
March 26, 2024
Page 214
AND BOAT AND ENGINE SERVICES AND REPAIRS FOR THE
PROPERTY LOCATED SOUTH OF RADIO LANE, NORTH OF
DAVIS BOULEVARD AND EAST OF RADIO ROAD IN
SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA; CONSISTING OF 3.5+/-ACRES.
[PL20230002068] (COMPANION ITEM TO #17C)
Item #17E
ORDINANCE 2024-11: THIS ITEM HAS BEEN CONTINUED
FROM THE FEBRUARY 27, 2024, BCC MEETING. AN
ORDINANCE AMENDING THE COLLIER COUNTY LAND
DEVELOPMENT CODE TO CLARIFY THE REGULATIONS
PERTAINING TO MOBILE HOMES LOCATED IN THE
COASTAL HIGH-HAZARD AREA, TO REMOVE DUPLICATIVE
FLOODPLAIN PROTECTION REGULATIONS THAT ARE
CODIFIED IN THE COLLIER COUNTY CODE OF LAWS OF
ORDINANCES OR WITH THE FLORIDA BUILDING CODE,
AND TO UPDATE CITATIONS AND CORRECT SCRIVENER'S
ERRORS (COMPANION ITEM TO #17F)
Item #17F
ORDINANCE 2024-12: AN ORDINANCE AMENDING THE
COLLIER COUNTY CODE OF LAWS AND ORDINANCES TO
UPDATE TEMPORARY EMERGENCY HOUSING AND
FLOODPLAIN DEVELOPMENT REGULATIONS. (COMPANION
ITEM TO #17E)
Item #17G
March 26, 2024
Page 215
ORDINANCE 2024-13: AN ORDINANCE AMENDING
ORDINANCE NO. 2019-14, WHICH ESTABLISHED THE
CURRENTS COMMUNITY DEVELOPMENT DISTRICT, IN
ORDER TO CONTRACT THE EXTERNAL BOUNDARIES OF
THE DISTRICT, RESULTING IN A NET CONTRACTION OF
5.12± ACRES FROM 516.25± ACRES TO 511.152± ACRES
Item #17H
RESOLUTION 2024-47: A RESOLUTION APPROVING
AMENDMENTS (APPROPRIATING CARRY FORWARD,
TRANSFERS, AND SUPPLEMENTAL REVENUE) TO THE
FY23-24 ADOPTED BUDGET. (THE BUDGET AMENDMENTS
IN THE ATTACHED RESOLUTION HAVE BEEN REVIEWED
AND APPROVED BY THE BOARD OF COUNTY
COMMISSIONERS VIA SEPARATE EXECUTIVE SUMMARIES)
March 26, 2024
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 4:32 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS CONTROL
CHRIS HA L, CHAIRMA
ATTEST: ^
CRYSTAL , ZEL, CLERK
I1 s
1,
A s.to,Ghai�man's
si fora oN9
These minutes approv y the Board onA-pi/ o}3 J p 24/ ,
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.
Page 216