BCC Minutes 05/28/2024May 28, 2024
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TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, May 28, 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
Edward Finn, Deputy County Manager
Jeffrey A. Klatzkow, County Attorney
Crystal K. Kinzel, Clerk of the Circuit Court & Comptroller
Robert Eble, Communications & Customer Relations
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May 28, 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
May 28, 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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May 28, 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; ASSISTED
LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN
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May 28, 2024
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 Reverend Daniel Buentello, GAP Naples
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.)
3. AWARDS AND RECOGNITIONS
A. EMPLOYEE
1) 20 YEAR ATTENDEES
a) 20 Years Lea Derence - Operations & Regulatory Management
b) 20 Years Sherri Patterson - Code Enforcement
2) 25 YEAR ATTENDEES
a) 25 Years Joseph Penn - Wastewater
b) 25 Years Shannon Darrow - Parks & Recreation
3) 30 YEAR ATTENDEES
4) 35 YEAR ATTENDEES
B. ADVISORY BOARD MEMBERS
C. RETIREES
D. EMPLOYEE OF THE MONTH
4. PROCLAMATIONS
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May 28, 2024
A. This Item continued from the May 14, 2024 BCC Meeting.
Proclamation designating May 2024 as National Foster Care Awareness
Month. To be accepted by Rick Jacobs, 4KIDS Southwest Florida
Executive Director, and Karole Davis, 4KIDS Southwest Florida Partner
Engagement Officer.
B. Proclamation designating May 2024 as Drowning Prevention Month in
Collier County. To be accepted by Coral Vargas, Coordinator, NCH Safe
and Healthy Children's Coalition of Collier County and other distinguished
guests.
C. Proclamation designating May 2024 as National Bike Month. To be
accepted by Skip Riffle, CEO, Bikes for Tykes.
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
10. BOARD OF COUNTY COMMISSIONERS
11. COUNTY MANAGER'S REPORT
A. Recommendation to approve the seller-executed Agreement for the Sale and
Purchase of 2,247 +/- acres of property at Williams Reserve at Lake
Trafford, located in Immokalee, at a purchase price of $20,770,000, the
average of the two appraisals, incorporating all Board directed changes from
the May 14, 2024, Board meeting and authorize the necessary Budget
Amendments. (Ed Finn, Deputy County Manager & Jamie French Growth
Management Community Development Department Head) (All Districts)
B. Recommendation to accept an update on the Paradise Coast Sports Complex
regarding concert event location options. (Ed Finn, Deputy County
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Manager) (District 3)
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
A. AIRPORT
B. COMMUNITY REDEVELOPMENT AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. Public comments on general topics not on the current or future agenda by
individuals not already heard during previous public comments in this
meeting
B. Staff Project Updates
C. Staff and Commission General Communications
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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 approve final acceptance of the potable water and
sewer utility facilities for Destiny Church of Naples Phase 2,
PL20230014695. (District 3)
2) Recommendation to approve final acceptance of the potable water and
sewer utility facilities and accept the conveyance of the potable water
and sewer utility facilities and appurtenant utility easement for
Esplanade by the Islands Amenity Campus, PL20230008063. (District
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May 28, 2024
1)
3) Recommendation to approve final acceptance and accept the
conveyance of the potable water and sewer utility facilities for Juniper
Pointe, PL20230013503. (District 1)
4) Recommendation to approve final acceptance and accept the
conveyance of the potable water and sewer utility facilities for
Palisades (CNST), PL20230011563. (District 2)
5) Recommendation to approve final acceptance and accept the
conveyance of the potable water and sewer utility facilities for
Palisades (PPL), PL20230007000. (District 2)
6) This Item requires that Ex-parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the minor final plat of Moorings Park Grande
Lake - Replat, (Application Number PL20230000101) approval of the
standard form Construction and Maintenance Agreement, and
approval of the performance security in the amount of $241,698.63.
(District 4)
7) 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 for
recording the final plat of Orange Blossom Ranch Outparcels,
approval of the standard form Construction and Maintenance
Agreement, and approval of the performance security in the amount of
$1,349,799.22. (PL20220004173) (District 5)
8) This Item requires that Ex-parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the final plat of Star Farms of Naples – Plat
One (Application Number PL20220001110), approval of the standard
form Construction and Maintenance Agreement, and approval of the
performance security in the amount of $13,853,419.69. (District 5)
9) This Item requires that Commission members provide Ex-parte
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May 28, 2024
disclosure. Should a hearing be held on this item, all participants
are required to be sworn in. Recommendation to approve for
recording the final plat of Summerlit, approval of the standard form
Construction and Maintenance Agreement, and approval of the
performance security in the amount of $3,742,970.09. (Application
Number PL20230013260). (District 1)
10) Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of $339,580, which was posted as a
guaranty for Excavation Permit Number PL20230011721 for work
associated with Esplanade by the Islands - Phase 1 - Lake 27. (District
1)
11) Recommendation to discontinue the deferral of permitting fees related
to permits submitted for Hurricane Ian damage. (All Districts)
12) Recommendation to authorize the Office of the County Attorney to
initiate foreclosure proceedings pursuant to Section 162.09, Florida
Statutes, in relation to $597,067.25 in accruing code enforcement liens
for ongoing violations at 1790 40TH Ter SW, Naples, Florida 34116,
arising from the Office of the Special Magistrate entitled Board of
County Commissioners, Collier County, Florida, vs. S & O LLC.
(District 3)
13) Recommendation to approve the release of five (5) code enforcement
liens with an accrued value of $1,145,600 for a reduced payment of
$2,027.30 in code enforcement actions titled Board of County
Commissioners (BCC) vs. Lorraine Burgess and Lindell McFadden
Case No. 2002080878 CEB 2003-016, and BCC vs. Melissa Nicole
Williams Case Nos. CEPM20160015272, CENA20160015273, and
CEV20160015274 relating to 246 Singletary, Folio 01134800201,
Collier County, Florida. (District 1)
14) Recommendation to approve an Amended and Restated Interlocal
Agreement with North Collier Fire Control and Rescue District
replacing the 2003 Fire District Agreement concerning the collection
and disbursement of Fire Plan Review and Inspection Fees, as it
relates to a new unified Fire Fee Schedule effective January 1, 2024.
(District 2, District 3, District 4, District 5)
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15) Recommendation to approve an Interlocal Agreement, replacing the
2003 Fire District Agreement with Immokalee Fire Control District
concerning the collection and disbursement of Fire Plan Review and
Inspection Fees as it relates to a new unified Fire Fee Schedule
effective January 1, 2024. (District 5)
16) Recommendation to approve an Amended and Restated Agreement
with Greater Naples Fire Control and Rescue District, amending all
prior agreements, concerning the collection and disbursement of Fire
Plan Review and Inspection Fees, as it relates to a new unified Fire
Fee Schedule effective January 1, 2024. (District 1, District 3, District
4, District 5)
17) Recommendation that the Board of County Commissioners determine
a valid public purpose and authorize payment, not to exceed $3,750,
for Collier County Planning Commissioner Joseph Schmitt, to attend
the Florida Chamber of Commerce 38th-41st Annual Environmental
Permitting Summer School, an Annual Environmental Permitting
Seminar for the dates of July 2024 - July 2027. (All Districts)
B. TRANSPORTATION MANAGEMENT DEPARTMENT
1) Recommendation to approve a Termination & Subordination of
Easement Interest for Parcel 194FEE required for the Big Cypress
Parkway. Estimated Fiscal Impact: None. (District 5)
2) Recommendation to award Invitation to Bid (“ITB”) No. 23-8197
“Landscape Maintenance for Work Areas 2, 7, 9, 14, and 15 to
Superior Landscaping & Lawn Service, Inc., as the Primary Vendor
and A&M Property Maintenance, LLC, as the Secondary Vendor for
Work Area 2, and authorize the Chairman to sign the attached
Agreements. (All Districts)
3) Recommendation to award Invitation to Bid ("ITB") No. 24-8203,
“Davis Blvd (SR84) Santa Barbara Blvd to Collier Blvd Landscape &
Irrigation Installations," to Hannula Landscaping and Irrigation, Inc.,
totaling $1,448,195.59, authorize the Chairman to sign the attached
Agreement, and approve the necessary Budget Amendments. (All
Districts)
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4) Recommendation to approve an Agreement for the purchase of a
drainage easement (Parcel 152DE) required for the West Goodlette-
Frank Road Area Stormwater Improvement Project Phase 2 (Project
No. 60142). Estimated Fiscal Impact: $15,500. (District 4)
5) Recommendation to approve an Agreement for the purchase of a
drainage easement (Parcel 141DE) required for the West Goodlette-
Frank Road Area Stormwater Improvement Project Phase 2 (Project
No. 60142). Estimated Fiscal Impact: $14,702. (District 4)
6) Recommendation to approve an Agreement for the purchase of 5.83
acres of unimproved land (Parcel 113FEE) required for the
replacement of the GG5 Water Control Structure and authorize
necessary Budget Amendment (Project No. 50180). Estimated Fiscal
Impact: $640,400. (District 3, District 5)
7) Recommendation to approve and authorize the Chairman to execute a
Local Agency Program (LAP) Construction Agreement with the
Florida Department of Transportation (FDOT) reimbursing the
County up to $2,100,000 to widen travel lanes and construct 2' paved
shoulders on Corkscrew Road from the Lee County curve to the
Collier County curve; execute a Resolution memorializing the Board’s
action; and authorize the necessary Budget Amendments, FPN
446323-2-58-01. (Fund 1841, Project #60233). (District 5)
8) Recommendation to approve and execute a County Incentive Grant
Program (CIGP) State-Funded Agreement with the Florida
Department of Transportation (FDOT) reimbursing the County up to
$1,600,000 for construction services to widen Collier Boulevard from
City Gate Boulevard North to Green Boulevard; execute a Resolution
memorializing the Board’s action; and authorize the necessary Budget
Amendment, FPN 446412-1-54-01, (Funds 1841 and 1842, Project
#68056). (District 3)
9) Recommendation to approve the selection committee’s ranking and
authorize staff to begin contract negotiations with Tetra Tech, Inc.,
related to Request for Professional Services No. 23-8191 for “CEI and
Peer Review Services for Goodlette Frank Rd Widening” (Project No.
60259) (District 2)
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10) Recommendation to approve the Regional Service and Regional Fare
Study for Collier Area Transit. (All Districts)
11) Recommendation to approve two 2024 National Highway Freight
Program (NHFP) Grant Applications with the Florida Department of
Transportation (FDOT) to provide funding to supplement the FDOT
construction phase of the I-75 at Immokalee Road interchange and the
right-of-way phase of Old US41 from US 41 to Bonita Beach Road.
(All Districts)
12) Recommendation to award Construction Invitation to Bid (“ITB”) No.
24-8209, “Immokalee Road at Catawba Street Median
Improvements,” to Coastal Concrete Products, LLC, d/b/a Coastal
Site Development, in the amount of $541,519.00, and provide for an
Owners Allowance of $50,000 for potential unforeseen conditions,
and authorize the Chairman to sign the attached Agreement. (District
3)
13) Recommendation to appropriate the Collier Metropolitan Planning
Organization’s annual operating budget for FY 2024/25 and authorize
the necessary Budget Amendment in the amount of $1,473,476,
effective July 1, 2024. (Fund 1841, Project #33908). (All Districts)
14) Recommendation to recognize FY 2024/25 Transportation
Disadvantaged Planning Grant funding in the amount of $30,780 to
the Collier Metropolitan Planning Organization from the Commission
for the Transportation Disadvantaged and to authorize the necessary
budget amendment. (Fund 1841, Project #33909). (All Districts)
15) Recommendation to approve and authorize the Chairman to sign a
Supplemental Agreement to the State-Funded Grant Agreement with
the Florida Department of Transportation (FDOT) to increase the
grant award from $818,622 to $918,622 to construct 5’ paved
shoulders and widen travel lanes from 10’ to 12’ on Immokalee Road
(CR 846) east of SR 29 (Main Street) to east of Tradeport Parkway; to
approve a Resolution authorizing the Chairman to execute the
Agreement on behalf of the Board; and to authorize the necessary
Budget Amendment (FPN 449668-1-54-01). (Fund 1841, Project
#60253). (District 5)
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16) Recommendation to approve the Chairman’s execution of the attached
Engineering Deposit Acknowledgement letter with Florida Power and
Light (“FPL”) to engage FPL’s professional engineering design
services related to the proposed relocation of transmission facilities
associated with the Pine Ridge Road Corridor Improvements Project,
and authorize payment to FPL in the amount of $428,720 upon the
receipt of FPL’s invoice. (Project #60201) (District 3, District 4)
C. PUBLIC UTILITIES DEPARTMENT
1) Recommendation to ratify administratively approved Change Order
No. 1, providing for a time extension of 30 days under Construction
Agreement No. 23-8064, with Advanced Roofing, Inc., for the “North
County Regional Water Treatment Plant Roof Improvements” project,
and authorize the Chairman to sign the attached Change Order.
(Project No. 70118) (District 5)
2) Recommendation to approve the Budget Amendment to reallocate
funding within CWS Bond #2 Proceeds Fund (4019) to fund the
“Northeast Water Reclamation Facility and Water Treatment Plant
Deep Injection Wells” project in the amount of $15,894,500. (All
Districts)
D. PUBLIC SERVICES DEPARTMENT
1) Recommendation for the Board of County Commissioners (Board) to
ratify six (6) County Manager executed Subrecipient Amendments
under the State and Local Fiscal Recovery Fund Grant to expedite
expense reimbursement payments to eligible parties. (Housing Grant
Fund 1835) (All Districts)
2) Recommendation to authorize the necessary Budget Amendments to
reflect the estimated funding for SFY24-25 Community Care for the
Elderly, Alzheimer’s Disease Initiative, and Home Care for the
Elderly programs in the amount of $2,125,932; and $23,021 in
estimated co-payment contributions. (Human Services Grant Fund
1837) (All Districts)
3) Recommendation to approve the after-the-fact electronic submittal of
the Fiscal Year 2025 AmeriCorps September 11th National Day of
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Service and Remembrance grant continuation application to
AmeriCorps in the amount of $207,514 ($6,300 in kind and $4,653
cash match) and allow the County Manager or her designee to serve as
the authorized representative for all administrative reporting and grant
submission to the grantor electronic submission system, eGrants,
throughout the grant period. (Human Services Grant Fund 1835 &
Human Services Grant Support Fund 1806) (All Districts)
4) Recommendation to approve (1) the substantial amendments to
Collier County's 5-Year Consolidated Plans for FY2016-2020 &
FY2021-2025; (2) the substantial amendments to Collier County’s
U.S. Department of Housing and Urban Development (HUD) Annual
Action Plans for FY2016-2017, FY2021-2022, FY2022-2023, and
FY2023-2024; to address additional funding, reprogramming of funds
from previous years and new activities related to Community
Development Block Grant (CDBG) (CDBG-CV), HOME Investment
Partnerships, HOME Tenant Based Rental Assistance, HOME
American Rescue Plan, and Emergency Solutions Grant Rapid
Unsheltered Survivor Housing (RUSH) Programs; (3) accept a second
allocation from HUD in the amount of $1,150,486 for Emergency
Solutions Grant Rapid Unsheltered Survivor Housing (RUSH)
Programs; (4) approve and execute the Resolution; (5) authorize the
necessary Budget Amendments; (6) authorize the Chairman to sign
the required Certifications and Assurances and SF 424 Application for
Federal Assistance for the second allocation from the RUSH program,
the associated future SF 425’s as grants closeout, the federal funding
agreement, and authorize transmittal to HUD. (All Districts)
5) Recommendation to approve and authorize expenditures through an
exemption from the competitive process to Humane Society of Collier
County, Inc., d/b/a Humane Society Naples, for up to $200,000 and
approve the necessary Budget Amendment. (All Districts)
E. CORPORATE BUSINESS OPERATIONS
1) Recommendation to approve modifications to the 2024 Fiscal Year
Pay & Classification Plan which consist of two new classifications,
one reclassification, and removal of one obsolete classification from
January 1, 2024, through March 31, 2024. (All Districts)
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May 28, 2024
2) Recommendation to approve the administrative report prepared by the
Procurement Services Division for disposal of property that is no
longer viable and remove capital assets from the County’s records.
(All Districts)
3) Recommendation that the Board, pursuant to Section 274.06, Florida
Statutes, approve the sale and disposal of surplus assets via public
auction on June 21 and 22, 2024. (All Districts)
4) Recommendation to approve and authorize the Chairman to execute
the updated master agreement as well as authorize an increase of
allowable expenditures utilizing NEOGOV software products under
Agreement No. 10-5451-NS for the County’s talent acquisition and
onboarding processes in an amount not to exceed $63,200 per fiscal
year. (All Districts)
F. COUNTY MANAGER OPERATIONS
1) Recommendation to authorize the Chairman to execute twenty-four
(24) Deed Certificates for purchased burial rights at Lake Trafford
Memorial Gardens Cemetery and authorize the County Manager or
designee to take all actions necessary to record the Deed Certificates
with the Clerk of the Court’s Recording Department. (District 5)
2) Recommendation to approve a First Amendment to Agreement No.
23-8061R, “HVAC Maintenance and Remedial Repairs,” with B & I
Contractors, Inc., to increase the single repair project threshold of the
agreement from $50,000 to $100,000 to better align with Facilities
Management Division needs. (All Districts)
3) Recommendation to award Invitation to Bid (“ITB”) No. 23-8192,
Security Alarm Monitoring Services, to D.A. Systems, Inc., d/b/a
Dehart Alarm Systems, and authorize the Chairman to sign the
attached Agreement. (All Districts)
4) 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
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May 28, 2024
Executive Summaries.) (All Districts)
5) Recommendation to approve an after-the-fact payment in the amount
of $39,822.50 to Juice Technologies, Inc. for the Golden Gate Library
Chiller Replacement project procured under Agreement No. 18-7313
HVAC Replacement and New Installations, and deem this
expenditure has a valid public purpose. (District 3)
6) Recommendation to recognize and appropriate revenue to Facilities
Management Division cost centers in the amount of $406,665.78 for
Fiscal Year 2024 and authorize all necessary Budget Amendments.
(All Districts)
7) Recommendation to approve Amendments to Article 6 and Article 12
of the Collective Bargaining Agreement between the Collier County
Board of County Commissioners and the Collier EMS/Fire Bargaining
Unit, Southwest Florida Professional Firefighters and Paramedics,
Local 1826, District 14, International Association of Firefighters,
Incorporated; and authorize any necessary Budget Amendments. (All
Districts)
8) Recommendation to award Invitation for Qualification No. 23-8123,
“HVAC Replacement and Installation Services,” to Ameresco, Inc.,
and United Mechanical, LLC, and to authorize the Chairman to sign
the attached Agreements. (All Districts)
9) Recommendation to accept the County’s verbal authorization to the
Construction Manager to utilize a substitute subcontractor and to
perform Allowance Work to timely advance the project at no increase
in cost by using the Board’s previously approved funding allowance
within the agreed Guaranteed Maximum Price (“GMP”) under
Agreement No. 21-7883-ST, the Construction Management at Risk
(“CMAR”) contract with O-A-K/Florida, Inc. d/b/a Owen-Ames-
Kimball Company, for the Main Campus Upgrades construction
services. (Fund (3018), Project #50214) (District 4)
10) Recommendation to approve the First Amendment to Agreement No.
21-021-NS, “Medicaid Reimbursement Program (PEMT),” to Public
Consulting Group, Inc., and continues Waiver expenditures made
through the First Amendment of the Agreement. (All Districts)
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May 28, 2024
G. AIRPORT AUTHORITY
1) Recommendation that the Board of County Commissioners, acting as
the Airport Authority, award Solicitation No. 23-8080 “Immokalee
Regional Airport Hangar/Commercial Aeronautical Development-
Parcels A & E” and authorize its Chairman to execute the attached
Collier County Airport Authority Standard Form Long-Term Ground
Lease Agreement with Quality Enterprises USA, Inc., for aeronautical
land use at the Immokalee Regional Airport. (District 5)
H. BOARD OF COUNTY COMMISSIONERS
I. MISCELLANEOUS CORRESPONDENCE
J. OTHER CONSTITUTIONAL OFFICERS
1) 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
$43,719,279.91 were drawn for the periods between May 2, 2024, and
May 15, 2024, pursuant to Florida Statute 136.06. (All Districts)
2) Request that the Board approve and determine valid public purpose
for invoices payable and purchasing card transactions as of May 22,
2024. (All Districts)
K. COUNTY ATTORNEY
1) Recommendation to appoint Brad Hildebrandt as a non-voting
member to the Pelican Bay Services Division Board. (All Districts)
L. COMMUNITY REDEVELOPMENT AGENCY
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17. SUMMARY AGENDA - This section is for advertised public hearings and
must meet the following criteria: 1) a recommendation for approval from
staff; 2) unanimous recommendation for approval by the collier county
planning commission or other authorizing agencies of all members present
and voting; 3) no written or oral objections to the item received by staff, the
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May 28, 2024
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. This Item has been continued to the June 11, 2024, Board of County
Commissioners Meeting. Recommendation to adopt an Ordinance
amending the Collier County Growth Management Plan, specifically
amending the Future Land Use Map to change the land use planning period
to 2024-2050; and furthermore, directing transmittal of the adoption
amendment to the Florida Department of Commerce. PL20220006512 -
Future Land Use Map Extension GMPA. (All Districts)
B. This Item continued from the May 14, 2024 BCC Meeting.
Recommendation to adopt an Ordinance establishing the Collier County
Animal Abuser Registry. (All Districts)
C. Recommendation as advertised, adoption of proposed ordinance repealing
and replacing Ordinance No. 81-75, as amended, which establishes uniform
standards for certification of ambulance or advanced life support services.
(All Districts)
D. Recommendation to adopt an Ordinance of the Board of County
Commissioners of Collier County, Florida, amending Ordinance no. 2013-
33, as amended, the Collier County Animal Control Ordinance, as it relates
to the authority of the Director of Domestic Animal Services, providing for
inclusion into the code of laws and ordinances, providing for conflict and
severability, and providing for an effective date. (All Districts)
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD’S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER’S OFFICE AT 252-8383.
May 28, 2024
Page 2
MS. PATTERSON: Chair, you have a live mic.
CHAIRMAN HALL: Good morning, ladies and gentlemen.
Welcome to the commissioner meeting this morning. We've got a
light agenda, but it should be entertaining to say the least.
Well, let me remind you, if you're going to be in here, to silence
your cell phone. We don't want you to be embarrassed when it
rings. And if you're going to speak, we welcome your comments,
but be reminded that you've got three minutes. When the little
yellow light comes on, start getting ready to land the airplane,
because when the red light goes off, we're done.
So with that, let's get started.
COMMISSIONER McDANIEL: Mr. Chair?
CHAIRMAN HALL: Yes.
COMMISSIONER McDANIEL: Just, if you would, remind
everybody to remain standing after the Pledge.
CHAIRMAN HALL: Yes.
COMMISSIONER McDANIEL: Please.
CHAIRMAN HALL: Commissioner McDaniel said to remind
you to remain standing after the Pledge.
COMMISSIONER McDANIEL: Please.
CHAIRMAN HALL: That's right, because we're going to do a
little -- we're going to turn it to Commissioner McDaniel.
MS. PATTERSON: All right. We're going to begin with our
Pledge of Allegiance, which is going to be led by Gary Asztalos,
Lieutenant Commander U.S. Navy, Civil Engineer Corps, VFW
Honor Guard. It will be followed by the invocation by Reverend
Daniel Buentello, GAP Naples.
(The Pledge of Allegiance was recited in unison.)
Item #1A
May 28, 2024
Page 3
INVOCATION BY REVEREND DANIEL BUENTELLO FROM
THE GODLY ACCOUNTABILITY PARTNERS - GAP NAPLES
REFEREND BUENTELLO: Good morning. Let us pray.
Our Heavenly Father, we want to begin with thanksgiving. We
never want to lose sight of our gratefulness to you. Almighty God,
we give you thanks and praise for all that you have done for us. You
are a loving, good, and gracious God. Thank you for creating us and
sustaining us day by day. Thank you for making us in your image.
We thank you for our city. We thank you for our elected
officers, businesses, churches, families, and individuals that make up
this city to be the great place that it is.
We confess we can become stagnant and comfortable in our
ways. We ask for the Holy Spirit to challenge us, convict us, and
guide us towards growth and transformation.
On the matters that will be discussed today, we ask for your
guidance and wisdom and seek your will to be done above all else.
Help us to align our thoughts and actions with your perfect plan for
our lives. You are the source of all knowledge and understanding,
so we seek your direction in all our decision-making processes.
In the Bible we read, "Trust in the Lord with all your heart and
lean not to your own understanding. In all your ways, submit to
him, and he will make your paths straight." Help us to listen
attentively to one another with humble and open hearts as we begin
this meeting acknowledging our need for you.
In the Bible you say, "Create in me a pure heart, O, God, and
renew a steadfast spirit within me." We pray for this renewal not
just in our personal lives but also in our work relationships. Renew
our hearts and minds in Chris Jesus. May we not be quick to judge
or criticize but instead seek to understand different perspectives. We
pray you will give us the discernment to make the best decisions for
May 28, 2024
Page 4
the greater good.
We trust you will guide us in this path and lead us to reach a
consensus that reflects your will. May our words and actions be
guided by the Holy Spirit, love and grace, and we ask you these
things in the precious name of the Lord, Jesus Christ. Amen.
CHAIRMAN HALL: Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes. Thank you, Mr. Chair.
Last week, ladies and gentlemen, one of my friends went away,
one of many of our friends. Fred Thomas, leader in Immokalee,
previous chair, as I was, of the Collier County Housing Authority,
previous chair of the Immokalee Area Master Plan.
I'd like to have, if we could, a moment of silence for Cheryl, his
wife, and his family. We know that Fred has gone to a better place.
But I'd like to, if you could, please, bow your heads and say a prayer
for the family, if you would, please.
(Moment of silence recognized.)
COMMISSIONER McDANIEL: Thank you, Lord. Amen.
Thank you, Mr. Chair.
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
SAUNDERS; SECONDED BY COMMISSIONER LOCASTRO -
APPROVED AND/OR ADOPTED W/CHANGES
MS. PATTERSON: Commissioners, agenda changes for
May 28th, 2024.
May 28, 2024
Page 5
First item is to continue 16G1 to the June 11th, 2024, BCC
meeting. This is a recommendation that the Board of County
Commissioners, acting as the Airport Authority, award Solicitation
No. 23-8080, Immokalee Regional Airport Hangar/Commercial
Aeronautical Development Parcels A and E, and authorize its
chairman to execute the attached Collier County Airport Authority
Standard Form Long-Term Ground Lease Agreement with Quality
Enterprises USA, Inc., for aeronautical land use at the Immokalee
Regional Airport. This is being moved at staff's request.
We have an add-on Item 10A. This is a recommendation to
consider a request by Rural Neighborhoods, Inc., and Renaissance
Hall at Old Course, LLC, for an extension of the financing
commitment deadline to June 30th, 2024, and approve the extension
to financing commitment deadline in the developer agreement and
lease for Phase 1 of the Golden Gate Golf Course housing project.
This is being added to the agenda at Commissioner Saunders' request.
We have court reporter breaks scheduled for 10:30 and again at
2:50.
And with that, County Attorney.
MR. KLATZKOW: No changes. Thank you.
MS. PATTERSON: Commissioners, changes to the consent
agenda and ex parte, if any, on the consent and summary.
CHAIRMAN HALL: Commissioner Kowal.
COMMISSIONER KOWAL: No changes and no ex parte.
CHAIRMAN HALL: Commissioner Saunders.
COMMISSIONER SAUNDERS: Mr. Chairman, I don't have
any changes. On Item 17D, that is the issue dealing with the animal
abuser ordinance. There are several people that want to speak, so I
just want to make sure they have an opportunity to speak on that
before we take a final vote on that item.
No need to take it off the consent agenda, just --
May 28, 2024
Page 6
CHAIRMAN HALL: Yeah. We'll make sure of that.
COMMISSIONER KOWAL: -- let folks --
CHAIRMAN HALL: Commissioner LoCastro.
COMMISSIONER LoCASTRO: I have no changes. I just
wanted to highlight, though, something on the consent agenda, not
pulling it. But on 16B, it has to do with landscape on -- in several
areas of District 1 and money that we have gotten from the state and
various other things, over a million dollars, about 1.5, that we're
going to invest in some areas around Santa Barbara and Davis that
have been lacking for quite some time, and most of that money came
from FDOT and other various things.
I want to give a shout out to Trinity and to -- is it Pam Lulich?
I know that she did a lot of work as well, and a lot of people behind
the scenes that maybe we don't interact with every day, but, you
know, being able to save the taxpayers a million dollars by getting it
from other sources and not using, you know, it from local here in
Collier County. You know, it's on the consent agenda and we're
going to approve it, but there's a lot of behind-the-scenes work. So I
just want to say thank you to the folks that have worked so hard to
get that.
But other than that, I have no changes, no ex parte.
CHAIRMAN HALL: Commissioner McDaniel.
COMMISSIONER McDANIEL: As is often the case, there's a
lot that goes on behind the scenes, and I agree. So with -- and no
changes or adjustments or ex parte.
CHAIRMAN HALL: I have no changes, no ex parte, as well.
MS. PATTERSON: Tom, do we have speakers?
MR. EBLE: Yes. We have six registered speakers on this
item, but one of them is in the room for Laurie Harris with multiple
ceding time, so Laurie Harris to speak.
And then when I call your names, if you could raise your hand if
May 28, 2024
Page 7
you're ceding time.
Randy Harris?
(Raises hand.)
MR. EBLE: Laurie Harris?
(Raises hand.)
MR. EBLE: Oh, I'm sorry.
Lindsay [sic] Dilella?
(Raises hand.)
MR. EBLE: Jayne Kim?
(Raises hand.)
MR. EBLE: Okay. Laurie, you have 12 minutes.
MS. HARRIS: I'm hoping not to use those.
Good morning, Commissioners. Thank you all for your time
today. My name is Laurie Harris, and this is the first time I am
before you as a DAS advisory board member; however, today -- I'm
speaking to you today as a proud volunteer at Domestic Animal
Services.
Before I begin, I'd like to thank Commissioner LoCastro for his
speech yesterday at Marco Island's memorial service. Commissioner
LoCastro reminded us it's our men and women in uniform who are
gutsy and not the NASCAR driver who won the race on Sunday.
COMMISSIONER LoCASTRO: Indy driver.
MS. HARRIS: Any [sic] driver, except when you're on 75, you
know.
COMMISSIONER LoCASTRO: That's NASCAR.
MS. HARRIS: John 15:13, "Greater love hath no man than this
that he may lay down his life for his friends."
I'd like to thank Commissioner Saunders particularly for
meeting with me since the last time we spoke before this board.
Thank you for hearing the issues about -- concerning the shelter, for
your leadership, and your commitment to animal welfare and
May 28, 2024
Page 8
addressing the needs at DAS.
I also want to acknowledge and thank the county officials who
have been working tirelessly at the shelter helping staff and
volunteers care for the animals. Our County Manager, Amy
Patterson, along with department heads Tanya Williams and Jamie
French have been regular figures at DAS, working long hours in the
heat and making a difference every day.
The improvements we have seen in just the past several weeks
have been nothing short of amazing. We are all excited for what's
still to come as the county fills key positions and continues to make
improvements to staffing and facilities.
To give you just one example of the culture change in the
current management at DAS, you should have come to this -- they
were all there during this three-day holiday weekend working with
the volunteers cleaning kennels in the heat. The shelter was short on
staff, and volunteer coverage has been light due to seasonal
volunteers leaving for the summer. For those who did come to
work, we found ourselves working side by side with shelter staff and
top county officials.
Ms. Patterson was tracking down dogs for potential adopters.
Ms. Williams was taking notes of dogs who needed to see the vet.
Mr. French was taking out dogs in holding. He's actually been
working with some of them one on one who are the more challenging
dogs.
We've seen other county employees at DAS helping out and
just -- in just about every area. Their actions speak volumes and
more than words could ever convey.
We also want to acknowledge Gabe Waters from the Humane
Society of Naples. He's been helping steer the ship. He came in on
his day off this past Saturday, handling dog meet and greets, assisting
with play groups, and addressing a variety of other shelter issues.
May 28, 2024
Page 9
We have seen Humane Society of Naples come to the rescue
time and again this past year alone. They've pulled more animals
from DAS than any other organization and are pretty much the only
organization that will take dogs with behavioral issues or significant
medical issues. They have taken in long-time shelter residents like
our super-senior dog, Shamrock, a staff and volunteer favorite.
They've also taken medical dogs who need very costly treatment like
our boy Floyd, who Don has adopted, who required double knee
surgery, and so many cats and kittens that need our help.
As we all know, having qualified leadership with firsthand
knowledge of what is happening at the shelter makes all the
difference, and it is in everyone's interest for the county to be open
and transparent about what is happening at the shelter, including
shelter conditions, animal needs, and areas where we can still
improve and grow. So thank you.
The county has showed us it is really a brand-new day at DAS.
Anyone can see that by taking a look at the improvements to
Building 5 where the dogs are in holding and housed and the ongoing
work being done throughout the facility.
I, along with my volunteer army, who are here today -- I'd like
for them to all stand up with me now and express our gratitude for the
positive changes we are witnessing at DAS.
(Applause.)
MS. HARRIS: This is the greatest group of people, and I am
honored to be part of that team. So with that, this great team, I
would like to make you all honorary volunteers.
COMMISSIONER McDANIEL: Yellow doesn't go good.
MS. HARRIS: Commissioner McDaniel, yellow is your color.
So I have only two shirts here, believe it or not. I ordered five
of them, but the truck hasn't gotten here yet. So I did find two, so I
have them for you-all, and as soon as I get the other three, I will run
May 28, 2024
Page 10
them over here.
Last week the advisory board had a very productive meeting.
Commissioner Saunders, Ms. Patterson, Ms. Williams, and
Mr. French all presented to the board a proposed budget, and we are
committed to ensuring that the shelter has appropriate staffing and
resources to properly care for the domestic animals of Collier
County. We have another workshop scheduled for June 14th, Flag
Day, regarding the budget, and I truly hope more Commissioners will
attend.
We meet right here in this room at 4 o'clock. I understand it's
on a Friday, and it is the only thing standing between you and happy
hour, so we will have a hard stop at 6 o'clock.
And while shelter improvements are needed and appreciated, we
all know that homeless pet population outside the shelter needs to be
addressed more effectively than it has been in the past. If we aren't
addressing the overpopulation, we are treading water at best.
We are eager to see what transpires from the move of the animal
control officers to Code Enforcement and reinstalling the trap, neuter,
and release program to help control the feral cat population. We
hope to see greater partnerships with other community leaders and
organizations. SNIP Collier, for example, affords low-cost clinic
services to the community, and more of these low-cost services are
needed to help pet families stay together and address the spay and
neuter issues.
The DAS ordinance states: "The ordinance is established to
support the mission of animal services as established by the Board of
County Commissioners to ensure compliance with local and state
animal-related laws, to return strays to their owners, and promote the
adoption of homeless animals into new families." And I emphasize
this part: "And to work toward ending the community problem of
pet overpopulation." This requires a holistic approach to addressing
May 28, 2024
Page 11
pet homeless in Collier County, not just the shelter housing of
animals; therefore, I respectfully request you to keep an open mind
towards the budget that will soon be presented to you.
Lastly, we are pleased to see Collier County following Lee
County's steps to set up an animal abuser registry. Thank you,
Commissioner Saunders, for leading the charge on that.
Collier County Domestic Animal Services should be the model
shelter for all counties to replicate, and we are grateful that our
county officials are giving DAS the renewed focus it needs and
deserves.
Thank you. Respectfully submitted.
COMMISSIONER SAUNDERS: Thank you.
(Applause.)
CHAIRMAN HALL: Who's next, Tom?
MR. EBLE: That's all for public comment.
CHAIRMAN HALL: Do we have a motion to approve the
consent and summary?
COMMISSIONER McDANIEL: So moved.
COMMISSIONER LoCASTRO: Second.
CHAIRMAN HALL: Moved and seconded. All in favor, say
aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN HALL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER KOWAL: Aye.
MS. PATTERSON: Thank you, Commissioners.
May 28, 2024
Page 12
Item #3
AWARDS AND RECOGNITIONS - 20 YEAR ATTENDEES
That brings us to Item 3, awards and recognitions. Now, we
have several today. We're going to start with our 20-year attendees.
Item 3A1A, 20 years, is Lea Derence, operations and regulatory
management. Congratulations.
(Applause.)
MS. PATTERSON: Item 3A2B -- or sorry -- 3A1B is 20 years,
Sherri Patterson, Code Enforcement. Congratulations.
(Applause.)
Item #3
AWARDS AND RECOGNITIONS - 25 YEAR ATTENDEES
MS. PATTERSON: Moving on to our 25-year attendees,
Item 3A2A, 25 years, Joseph Penn, Wastewater. Congratulations.
(Applause.)
COMMISSIONER McDANIEL: Twenty-five years, how
about that.
(Applause.)
MS. PATTERSON: Twenty-five years, Shannon Darrow,
Parks and Recreation.
(Applause.)
COMMISSIONER LoCASTRO: Who's running the parks
today? Everybody's here from the Parks.
(Applause.)
Item #4A - Continued from the May 14, 2024, BCC Meeting
May 28, 2024
Page 13
PROCLAMATION DESIGNATING MAY 2024 AS NATIONAL
FOSTER CARE AWARENESS MONTH. ACCEPTED BY RICK
JACOBS, 4KIDS SOUTHWEST FLORIDA EXECUTIVE
DIRECTOR, AND KAROLE DAVIS, 4KIDS SOUTHWEST
FLORIDA PARTNER ENGAGEMENT OFFICER – MOTION TO
ADOPT BY COMMISSIONER KOWAL; SECONDED BY
COMMISSIONER LOCASTRO - ADOPTED
MS. PATTERSON: Commissioners, this brings us to
proclamations.
Item 4A was continued from the May 14th, 2024, BCC meeting.
This is a proclamation designating May 2024 as National Foster [sic]
Awareness Month. And this is to be accepted by Rick Jacob, 4KIDS
Southwest Florida, executive director, and Karole Davis, 4KIDS
Southwest Florida, partner engagement officer. Congratulations.
(Applause.)
COMMISSIONER LoCASTRO: Karole with a K. She's the
only one in Collier County. We all know her.
(Applause.)
MR. JACOBS: Commissioners, thank you. I just heard that
Commissioner Hall had a couple of foster grandbabies, right, that
graduated? Is that what you said, sir?
CHAIRMAN HALL: One of them graduated.
MR. JACOBS: One of them.
CHAIRMAN HALL: We adopted them.
MR. JACOBS: Adopted from foster care. So I live in that
same world. I have seven children; three of them adopted from
foster care, and one current placement right now.
But not just a foster parent, but also the executive director of
4KIDS of Southwest Florida. And we appreciate your support. We
May 28, 2024
Page 14
couldn't do what we do without the support of local government and
businesses and organizations and the churches that step in. We love
to partner with others to accomplish the mission, which is a home for
every child.
Last week in our area, there were 23 children that were without
a foster home, and that means they're sitting in shelters or sleeping in
offices. I know we don't like to say that, but that's the reality. And
so we are diligently working to find a home for every single child.
We do a lot on the prevention side as well in trying to keep
families together and resource them, and last year we saved the State
of Florida $2.2 million by keeping families together and not letting
that be a burden on the state of $35,000 per child.
So thank you for your support, and we'd love to connect with
many or more that you can expose us and introduce us to. Thank
you.
COMMISSIONER McDANIEL: Thank you for all you do.
(Applause.)
COMMISSIONER McDANIEL: Mr. Chair?
CHAIRMAN HALL: Yes.
COMMISSIONER McDANIEL: Just as a little shout-out, one
of our colleagues, Commissioner Taylor, was a foster parent. And I
didn't know this until after the last election cycle, but she actually
fostered over 50 kids throughout her tenure, and that -- thank you for
all that you do as far as working with our families. Anybody who
gives their home, who gives their life -- my business partner has been
in the foster program for many, many years, actually adopted a son
out of the foster care program.
So thank you. Thank you for all you do.
Item #4B
May 28, 2024
Page 15
PROCLAMATION DESIGNATING MAY 2024 AS DROWNING
PREVENTION MONTH IN COLLIER COUNTY. ACCEPTED BY
CORAL VARGAS, COORDINATOR, NCH SAFE AND
HEALTHY CHILDREN'S COALITION OF COLLIER COUNTY
AND OTHER DISTINGUISHED GUESTS - MOTION TO ADOPT
BY COMMISSIONER KOWAL; SECONDED BY
COMMISSIONER LOCASTRO – ADOPTED
MS. PATTERSON: Commissioners, Item 4B is a proclamation
designating May 2024 as Drowning Prevention Month in Collier
County. To be accepted by Coral Vargas, coordinator, NCH Safe
and Healthy Children's Coalition of Collier County, and other
distinguished guests.
(Applause.)
MS. VARGAS: Thank you, Collier County Board of County
Commissioners, for once again proclaiming the month of May to be
Drowning Prevention Month.
COMMISSIONER McDANIEL: Grab the mic, young lady.
There you go.
MS. VARGAS: I felt bad.
Okay. We value our partnership through not only this month
but the entire year to highlight the importance of water and swim
safety awareness in Collier County. Drowning is the leading cause
of death among children ages one to four years old in Florida.
Ninety-nine children lost their lives due to drowning in 2023 in
Florida. The last three years have been the highest number of child
drownings in the state since 2010 when the Florida Department of
Children and Families started tracking these numbers.
In 2023, two children died from drowning in Collier County.
This, of course, means that the Coalition continues to advocate for
water safety and the layers of protection.
May 28, 2024
Page 16
This year is the 10th anniversary of setting the Guinness world
record for the world's largest swimming lesson single venue where
1,308 children participated. Collier County Parks and Recreation
played a crucial role in making this possible, and we are grateful for
their continued support in providing Swim Central and keeping the
community safe.
We are also happy to share, since March 2012, more than 11,000
children and over 91,000 lessons have been taught through Swim
Central. Stewie the Duck continues to be the water safety mascot,
and that after Hurricane Ian, we have been able to rebuild all of the
15-life jacket stands located throughout Collier County for the "Kids
Don't Float, Life Jackets Do" life jacket loaner program. All of this
is possible thanks to our amazing partners and coalition members,
including the Florida Department of Collier County -- of Health of
Collier County, the NCH Healthcare system, Collier County Sheriff's
Office, Collier County EMS, North Collier Fire Rescue, Collier
County Public Schools, Collier Cares, Healthy Start of Southwest
Florida, U.S. Coast Guard Auxiliary Flotilla 93, and, of course,
Stewie the Duck, for their continued support and all they do to keep
children safe and healthy.
Thank you so much.
(Applause.)
COMMISSIONER LoCASTRO: Mr. Chairman, I just wanted
to add, you know, drowning prevention is serious business here in the
state of Florida but also close to home here in Collier County. Just
last week at Eagle Lakes Community Park, we had an emergency
incident with a child, and, thankfully, EMS on the scene quickly. A
child went to NCH, I understand, you know, survived, made it due to
the heroic efforts of a whole bunch of people.
So even, you know, thanks to our lifeguards, and -- but we have,
you know, so many pools in hotels and in our parks and everywhere,
May 28, 2024
Page 17
and we do a great job, I think, doing the -- doing the max that we can,
but things do happen. But thankfully, you know, we had a save this
weekend close to home, and I appreciate the effort of everybody at
Parks and Rec, our lifeguards, and then, you know, obviously the
child wound up at NCH, and you guys do what you always do, which
is heroic efforts.
And, you know, my understanding is the child is safe and sound.
So thank you very much, and it was, you know, just a few days ago.
So, thank you. I want to just add that.
Item #4C
PROCLAMATION DESIGNATING MAY 2024 AS NATIONAL
BIKE MONTH. ACCEPTED BY SKIP RIFFLE, CEO, BIKES FOR
TYKES - MOTION TO ADOPT BY COMMISSIONER KOWAL;
SECONDED BY COMMISSIONER LOCASTRO – ADOPTED
MS. PATTERSON: Item 4C is a proclamation designating
May 2024 as National Bike Month, to be accepted by Skip Riffle,
CEO, Bikes for Tykes. Congratulations.
(Applause.)
COMMISSIONER McDANIEL: Skip, you've got to get your
picture took.
COMMISSIONER LoCASTRO: Photo op. Come on, were
you not paying attention? You know, we had a couple of dry runs
up here.
(Applause.)
MS. PATTERSON: Commissioners, if we could get a motion
to accept the proclamations.
COMMISSIONER SAUNDERS: Hang on one second.
COMMISSIONER KOWAL: I think Skip wants to say
May 28, 2024
Page 18
something.
MS. PATTERSON: Oh, I'm so sorry.
COMMISSIONER McDANIEL: We might not like what he
has to say.
MR. RIFFLE: Maybe. In the last year in Florida, there was 79
deaths, bicycle related, and I think we have had 12 here in Collier
County, which is totally too much.
COMMISSIONER LoCASTRO: Wow.
MR. RIFFLE: Bikes for Tykes, we believe every child should
have a bike. I'm sure we all remember our first bike just like you
remember your alimony checks the first month, but anyway.
Since we started Bikes for Tykes 38 years ago, we've put over
47,000 bikes back into the county. We go through them completely.
We have bikes that are just for people who work, as we find that if
we give them one that looks brand new, it's stolen in three days. So
we make it look like every other bike, but it's mechanically perfect.
We have bikes that we -- are like brand new for special events like
birthdays and such.
But it's through a phenomenal group of men and women. I call
them my unsung heroes. They're there every week working on the
bikes. They don't look for any kind of "thank you" or publicity. I
am so very blessed and fortunate to be able to step in front of people
and tell about my unsung heroes and what we do.
So I'm humbled by their efforts, and we will continue to try to
do as much as we can to provide transportation not only to children,
along with instruction, but to those adults who need bikes to get
around.
This past Wednesday we started a program in the Collier County
school system that we gave away 51 bikes to second graders at
Parkside Elementary, and we fitted 101 helmets that we received
from FDOT.
May 28, 2024
Page 19
So a bike and a helmet, and with the help of Collier County
Sheriff's Department and the schools, they had a video on bicycle
safety for these kids. Hopefully that will carry on to their adult life.
With that, I say thank you so very much from all of us at Bikes
for Tykes. Have a great day.
COMMISSIONER SAUNDERS: Skip?
(Applause.)
CHAIRMAN HALL: Commissioner Saunders.
COMMISSIONER SAUNDERS: Before you run, you
mentioned this, but when did you start this program, again?
MR. RIFFLE: 1985.
COMMISSIONER SAUNDERS: And I just wanted you to
reemphasize that, because I did back in the old days when you started
this, and you were by yourself, I believe, at that time.
MR. RIFFLE: Yes, myself and a friend of mine, Steve Baer.
We worked at Bill Gallman Pontiac. We grabbed a little angel off of
a tree over at McDonald's there at Bayshore and 41, and his name
was Josh. He was eight years old, and he wanted a bike. Well, I
have a nephew named Josh. He was eight years old. And I said,
"Steve, what's your boy's name?"
He says, "Josh."
I said, "How old is he?"
He said, "Eight."
I said, "This kid's getting a bike."
So that was the first one. We brought it back in to Trish
Leonard at McDonald's, and she said, "Oh, my God. This is like
new. Can you make more?"
I looked at Steve. He goes (indicating). We did 27 that year.
And so every night after work, I took off my tie, put on an old shirt,
and started to work. And God only knows, it went from 27, now
we're doing over 1200 a month -- a year, sorry. God almighty. But
May 28, 2024
Page 20
it's just grown phenomenally.
We got a call from FGCU. They said, "Hey, we've got about
150 bikes up here that was left in the racks. Come and get them."
And then somebody else mentioned that there's a thousand bikes at
Ave Maria. My wife says, "Our house is going to look like a
junkyard again." So we try.
COMMISSIONER SAUNDERS: Thank you.
COMMISSIONER McDANIEL: Skip's been my friend
forever. I started the East Naples Kiwanis Club circa '83, '84. You
joined shortly there -- I don't know, were you on the organizing board
with us or --
MR. RIFFLE: No.
COMMISSIONER McDANIEL: Just shortly after.
MR. RIFFLE: Me and Donna Fiala came in at the same time.
COMMISSIONER McDANIEL: Donna was the first woman
to ever join Kiwanis ever. It used to be an all man's organization,
and then it got opened up, and Donna came in. And I know we
repaired many a bike throughout the volunteer hours with Kiwanis,
so...
And I just wanted to say from me to you, thank you. Thank
you for what you do. The impact that you're making on people's
lives every single day is phenomenal, so thank you.
MR. RIFFLE: I had no idea, really, how impactful it was on a
bike until I saw a child's life restored. If I have a moment to tell that
story?
CHAIRMAN HALL: Go ahead.
COMMISSIONER McDANIEL: Yes.
MR. RIFFLE: Sheriff Hunter called me one time right after
Christmas, and he says, "Skip, do you have any bikes left?"
I said, "Don," I said, "I just gave them all away a few days ago."
He said, "Rats."
May 28, 2024
Page 21
I said, "What's up?"
He says, "We've got a little boy who was brutalized by his
mom's boyfriend. Came in drunk after a Christmas party, started
beating on Mom. The little boy jumped on him. He grabbed the
boy and started swinging him around in the house, slamming him into
furniture and everything." He had a concussion, could only see out
of one eye, bleeding, broken jaw, three broken ribs, a broken arm, a
dislocated hip, and the list went on and on and on.
Well, the doctor said that he had given up, and they did not
expect him to live another 48 hours. But he wanted a bike for
Christmas and did not get one. So they had permission to put a bike
in his room.
And I said, "Don, you'll have a bike at 9 o'clock tomorrow
morning."
My wife and I went in and we worked and built up a black BMX
bike, black and chrome, and we brought it in. I'm sorry, the hair is
sticking up on my arms as I tell this. And we put it at the end of his
bed, and his mom said, "Johnny, look. Santa Claus was just here.
He said he couldn't find you to bring you your bike, and it's here."
And the child was virtually in a body cast, and he could see out
one eye. And he looked -- opened that eye, and he looked, and all of
a sudden it was like a little flashlight went off.
And he started going (indicating) wanting to get to that bike, and
the doctors kind of tapped me and Don and said -- out in the hall and
walked out and he says, "I don't know if you guys believe in miracles,
but that child would not have lived another 24, 36 hours, but there's
hope now. I think we're over the hump."
And right then and there, if I never get any gratitude or a cent or
anything, that paid for this program as long as I'm able to it.
CHAIRMAN HALL: Good story.
COMMISSIONER SAUNDERS: Well, Skip, the --
May 28, 2024
Page 22
(Applause.)
COMMISSIONER SAUNDERS: Skip, there are folks like you
that work quietly. You don't look for recognition or anything. You
just do what is important, and there's folks like you that make this
such a wonderful community. So I just wanted to take extra time to
thank you for all that you've done over the years.
MR. RIFFLE: Thank you, gentlemen.
CHAIRMAN HALL: Do you want to make a motion? Can I
have a motion to approve the proclamations?
COMMISSIONER KOWAL: So moved.
COMMISSIONER McDANIEL: Second.
CHAIRMAN HALL: Moved and seconded. All in favor, aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN HALL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER KOWAL: Aye.
MS. PATTERSON: Thank you, Commissioners.
Item #7
PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE
CURRENT OR FUTURE AGENDA
That brings us to Item 7, public comments on general topics not
on the current or future agenda.
MR. EBLE: We have five registered speakers. The first
registered speaker is Trent Waterhouse. You have three minutes.
MR. WATERHOUSE: Thank you.
Commissioners Kowal, LoCastro, McDaniel, and Saunders,
thank you for meeting with the Pelican Bay Property Owners
May 28, 2024
Page 23
Association over the past couple weeks to better understand the
details of the proposed opening of Seagate Drive to the Crayton
cul-de-sac in Pelican Bay.
Commissioner Hall, sincere thanks for tabling this matter and
not adding it to the BCC agenda. The Pelican Bay Foundation, the
Pelican Bay Services Division, the Pelican Bay Presidents Council,
and Pelican Bay Property Owners Association all appreciate this
outcome.
Pelican Bay fully supports bicycle and pedestrian safety and
security within the three-square miles of the Pelican Bay PUD. This
is why the existing Myra Janco Daniels Boulevard bicycle route
two-tenths of a mile further east already used by the Naples Pathway
Coalition and Naples Velo Cyclists is a safer alternative at no cost to
Collier County that is supported by the neighboring residents,
churches, elementary school, visual and performing arts center, retail
shops, and other commercial neighbors.
As part of Pelican Bay's very unique Natural Resource
Protection Area environmental stewardship duties, we will be
working with Collier County staff on a future solution to prevent, in
perpetuity, a 12th vehicle entrance with the associated noise
management issues.
The Pelican Bay Foundation has been vigilant in preserving its
legal right to protect and conserve the Clam Bay Estuary system, and
the Florida Department of Environmental Protection has
acknowledged our legal right to do so.
Thank you for everything you do to keep Collier County the best
community in America to live, work, and play. Thank you for your
time. Thank you for listening.
MR. EBLE: Your next registered speaker is Jackie Keay.
MS. KEAY: Good morning. As some of you can see, we are
in full-blown spiritual warfare. The kingdom of God is being
May 28, 2024
Page 24
attacked by the kingdom of darkness. Antichrists are using God's
name in vain and blaspheming the name of Jesus Christ by portraying
him as a political mascot evil, toxic, and corrupt.
Blasphemy against the Holy Spirit is unforgivable because only
people with hardened hearts and opposition to the truth of the gospel
would refuse to repent of this sin, Matthew 12:31 and 32. The good
news is that all other sins, no matter what, will be forgiven when we
confess them to God, ask his forgiveness, and have a change of heart
and behavior.
So what is spiritual warfare? It is the Biblical truth of fighting
evil spirits, demon -- yes, they are real -- who interfere in humanity in
various ways. Believers can use prayer, spiritual deliverance,
scriptures, laying of hands, fasting, and praise and worship to protect
themselves and others and to combat evil.
Since Jesus tells us in Luke 9:1 and 2 that he gives his disciples
power and authority over devils in the work of the enemies, then why
are so many believers afraid to speak the truth of the gospel and to
boldly confront the lies being told about Christ?
Who among you have the courage to stand up for Christ? Look
around and see many believers deny Christ through their silence and
unwillingness to preach the truth of the gospel. Even worse, many
Antichrist church leaders, their members, and churches have joined
Satan in his attack against Christ and the kingdom of God.
Jesus gave his followers the commandment to preach the gospel
to all the world. In Matthew 5:13, he reminds us that we are salt of
the earth and should live our -- his truth and point the world to him.
Believers are of no use to the kingdom of God unless we restore our
ability to boldly proclaim the truth of the gospel to all people in the
world.
Like God, Satan places his Antichrists in positions of power and
influence. Their reward will be generational curses, sins up to four
May 28, 2024
Page 25
generations which lead to an eternity in hell without Jesus' gift of
salvation. Exodus 34 and 7.
Thank you.
MR. EBLE: Your next registered speaker is Garrett Beyrent.
CHAIRMAN HALL: FX.
COMMISSIONER McDANIEL: I believe that's Garret FX
Beyrent.
MS. KEAY: Please, yes. He's going to correct you, Tom.
MR. EBLE: Garrett FX Beyrent.
COMMISSIONER McDANIEL: There we go.
MR. BEYRENT: Who the hell is Garrett FX Beyrent?
Thank you very much, Commissioners.
I just promised some people I would show up today from
yesterday. I was working at the farmers market, the Golden Gate
Farmers Market, which a lot of people -- I don't know whether people
here know what it is, but many, many years ago, actually 14 years
ago, I got involved in it when I was getting busted for having sign
holders on corners that were in wheelchairs. And, long and short, a
father-and-son team were operating the farmer’s market. It's the
Rakows (phonetic). And, of course, in an effort to get your
attention, I refer to them as the "Krakows," not crack house.
Crack -- that was a run on -- my uncles had been involved in World
War II, and they had actually taken all the different camps and
liberated the people.
So the long and short, I'm here, is my attempts to liberate the
economic development 14 years ago was pretty much a failure other
than I did get involved with the Golden Gate Farmers Market, and it
has flourished over the years. It was floundering at the time.
One of the commissioners who I've talked to, later on -- I'm
talking many, many years ago, 14 years ago, I told him, I said, "You
don't refer to Mexican people as gypsies." You have to understand
May 28, 2024
Page 26
gypsies are Hungarians that come and go, and they paint your
driveway with tar and all this crazy stuff you hear about. And
they -- people found that very offensive.
And I talked to Tom Henning later about it, and I gave all the
commissioners a copy of my own religion which I call the Pinocchio
religion. If you show your kids that movie -- and this was on VHS
at the time. I gave them all copies. I said, you watch that, and you
sit down with your children, and you watch that, you won't have to
send them to expensive schools because they will learn everything
they need to know about life and bad people and good people and
what happens when you lie.
But the long and short is, 14 years ago the County
Commission -- we had a lull in the business of Collier County's
economic business, and they hired an individual who -- everybody's
name escapes me. But the long and short was she was actually
selling stock $500 a share to be a member of Collier County's
economic development.
And it didn't go anywhere. I bought one share of stock and
gave it later to another economic developer director. I can only tell
you one thing; this economy, shortly, will be in a lot of trouble if the
right people don't get elected to office. And everybody knows who
the right people are in this county. Thank you.
MR. EBLE: Our next registered speaker is Ewa Front.
MS. FRONT: Good morning. Great improvements are on the
way to Domestic Animal Services, and I am very thankful for all the
hard work that goes into this project.
Unprecedented growth of community brought unprecedented
challenges to pet overpopulation -- and pet overpopulation is one of
them. I'm here today to advocate for expanding the spay and neuter
budget for the next fiscal year based on statistics and feedback from
our community.
May 28, 2024
Page 27
Allow me to introduce you to the latest DAS intake and outtake
data published for March this year. Thirty-seven cats and dogs
surrendered by their owner. Three hundred seventy-two strays
brought in. Only 71 animals were reclaimed by the owner.
In one month, we are left with 338 unwanted abandoned animals
to care for. The fact is that only 10 percent of the entire intake
represents owners' surrender, and only 20 percent of the animals are
being reclaimed by the owner. Staggering 70 percent -- 70 percent
of animals cared for at our county shelter represent unwanted
abandoned pets that are the result of accidental litter in our
backyards.
I have asked local community members in an online survey
that -- what prevents pet owners in our area from sterilizing their
pets? Majority, 82 percent, 52 votes, cited the lack of affordable
veterinary services.
Few comments under the survey: My vet wanted $1,150 to
neuter my six-month-old mini labra-doodle. I took him upstate to a
family friend that's a veterinarian. They don't know about SNIP
Collier, our low-cost spay and neutral animal wellness clinic, and
veterinarians in our area want 250 to 700 to spay or neuter. They
implied Collier County needs to get a grip on backyard breeders, so
many of them.
And the neighbor who kept his unaltered dog chained up outside
in the backyard. He told me the reason he couldn't be in the house
was because he marked. So that marking obviously happens when
the dog is not spayed or neutered.
Collier County has already laid out the legal groundwork
including Animal Care Sterilization Trust to provide free or low-cost
spay and neuter for the breeds and types of animals most commonly
relinquished to DAS. And in Ordinance No. 14, an animals
management program to reduce the uncontrolled reproduction of
May 28, 2024
Page 28
community cats shall be implemented by the director.
Commissioners, as a taxpayer, I understand that even if we
double the DAS budget each year but not address the root cause of
animals suffering, the overpopulation and accidental breeding, these
efforts will quickly fade away in the current situation. Thank you.
(Applause.)
MR. EBLE: Your final registered speaker is Shelley
McKernan.
MS. McKERNAN: Shell-o, Commissioners. Shelly
McKernan.
I went to a water talk earlier this year that said that we have a
dead zone in the middle of our county due to excess phosphorus and
nitrogen that leaves our wastewater treatment plants. And so I'm just
here to urge you to look into this a little bit more and to think about
upgrading our wastewater treatment plants to all advanced
wastewater treatment plants.
The only two that are advanced water treatment plants are the
City of Naples and Everglades City. Two of our wastewater
treatment plants don't even remove phosphorus and because of that,
in our -- our oxygen has decreased 30 percent in the last 20 years on
surface water.
And it's very important that we address this and address our
water quality. It's also recommended by Pollution Control from our
county that we upgrade to advanced water treatment plants if the
proper nutrients aren't being removed. And I just feel it's the Step 1
necessary thing to do to address oxygen levels in our water, and we
should look into that a lot more and start to upgrade all of our
wastewater treatment plants.
Thank you.
(Applause.)
MR. EBLE: That's all for registered speakers on this item.
May 28, 2024
Page 29
Item #10A – Added (Per Agenda Change Sheet)
A REQUEST BY RURAL NEIGHBORHOODS, INC. AND
RENAISSANCE HALL AT OLD COURSE, LLC FOR AN
EXTENSION OF THE FINANCING COMMITMENT DEADLINE
TO JUNE 30, 2024, AND APPROVE THE EXTENSION TO
FINANCING COMMITMENT DEADLINE IN THE DEVELOPER
AGREEMENT AND LEASE FOR PHASE I OF THE GOLDEN
GATE GOLF COURSE HOUSING PROJECT (COMMISSIONER
SAUNDER’S REQUEST) - MOTION TO APPROVE WITH
CHANGES BY COMMISSIONER SAUNDERS; SECONDED BY
COMMISSIONER MCDANIEL - APPROVED 3/2
(COMMISSIONER HALL AND COMMISSIONER KOWAL
OPPOSED)
MS. PATTERSON: Commissioners, that brings us to Item 10.
This is our add-on item, Item 10A. This is a recommendation to
consider a request by Rural Neighborhoods, Inc., and Renaissance
Hall at Old Course, LLC, for an extension of the financing
commitment deadline to June 30th, 2024, and approve the extension
to financing commitment deadline in the developer agreement and
lease for Phase 1 of the Golden Gate Golf Course housing project.
This item was brought to the agenda by Commissioner
Saunders.
COMMISSIONER SAUNDERS: Thank you, Mr. Chairman,
Members.
I've been working with the -- with our staff and with Steve Kirk
for, I guess, the last six months or so on different issues associated
with this project. And Steve is here today. He's got some good
news, and the bad news is he needs another 30 days on the financing.
May 28, 2024
Page 30
But I think Mr. Kirk can advise the Board on significant progress
that's been made in terms of getting this project underway. And I
think this would be the last extension that I think he'll need for
getting this project done.
I also want to thank our staff -- and we've got a few folks sitting
in the backroom there -- that have really worked diligently on moving
this thing along. And I think we're kind of at that final stage.
So, Mr. Chairman, I'd like for Mr. Kirk to explain why he needs
the time and perhaps give us a little update on some of the good news
associated with where he is at this point.
CHAIRMAN HALL: Sure.
Go ahead, Mr. Kirk.
MR. KIRK: Steven Kirk, Rural Neighborhoods.
I'd be remiss not to mention Fred Thomas. Our first day in
Immokalee, Fred said, "You did the right thing. You came to see
me," and that was in 2003 before we constructed Main Street Village
and 300 units thereafter. There was no more welcoming person in
the Immokalee community than Mr. Thomas.
I'm humbled to be here today because I think we believed that
we would have our firm commitment issuance from HUD by
May 30th, Thursday of this week. And in our professional
judgment, our conversations with HUD this past week has indicated,
though they're making significant progress, they will not meet that
date and, consequently, I will not meet that date.
I shared with many of the commissioners, and I believe it's in
the executive summary, two e-mails from HUD issued May 20th and
May 24th in which they have indicated that they were aware of our
deadline with you and were striving to make that deadline with the
hope that they would refer the loan package on May 10th to their
National Loan Committee. They failed in meeting that timetable.
Both Prudential and ourselves pressed HUD throughout the
May 28, 2024
Page 31
week last week to complete their last reviewer's review, which is an
environmental review. But we have an indication from HUD that all
other reviewers have recommended the $57 million in loan
commitment from them, and that as soon as the environmental review
is received, we'll forward the package to the National Loan
Committee.
In terms of other progress, two significant things happened in
the past 60 days since I was before you. South Florida Water
Management District issued their environmental review
permit -- resource permit. That ERP is an important step. And the
second and remaining issue from the environmental perspective was
that, with the help of Congressman Diaz-Balart's office, FEMA
released their CLOMR F and approved their CLOMR S and
forwarded correspondence to the chairperson of this committee.
We've also worked with DeAngelis Diamond to do what we call
a page flip internally over the past several weeks and reduced 17
pages of Word document clarifications in the plans and specifications
to just a very few. And so we're grateful to the leadership of
DeAngelis Diamond. They will be our $70 million contractor in the
project and have been extraordinarily professional.
Those are the comments that I have. We beg your indulgence
to give us a little bit more time for HUD to act. I know you've heard
from me a number of instances. I believe we have registered to
speak, if they could be available, would be Prudential, who was the
first mortgage lender and the individuals who had the direct
conversations with US HUD rather than myself who basically
communicated with Prudential.
So if it's your pleasure, I think Prudential would be willing to
join online.
CHAIRMAN HALL: Do you think that's necessary?
COMMISSIONER SAUNDERS: I think that would probably
May 28, 2024
Page 32
be helpful.
COMMISSIONER LoCASTRO: On the phone or --
CHAIRMAN HALL: We'll listen.
MR. EBLE: Our first registered speaker on Zoom is Alex
Viorst.
Alex, you'll likely be prompted to unmute yourself. There you
are.
MR. VIORST: Good afternoon. Can people hear me -- or
good morning.
COMMISSIONER McDANIEL: Yes.
CHAIRMAN HALL: Yes, go ahead.
MR. VIORST: Can people hear me?
CHAIRMAN HALL: Yes.
MR. VIORST: I'm here with my colleague, Helen
(unintelligible).
Just want to reiterate what Steve said. The final open item on
this transaction is the environmental review. We are confident we
have fully addressed this matter in a way that should be acceptable to
HUD. We've had several conversations with the HUD
environmental staff as we worked through this issue to make sure we
were addressing it 100 percent compliant with HUD expectations on
this topic.
It's being reviewed by one senior environmental staffer at HUD,
who, unfortunately (unintelligible) in the last 30 days, which has
delayed completion of that review. That employee is back on the
job. The importance of completing this review has been reiterated to
them by both Prudential multiple times as well as HUD senior staff.
So we do expect this review and approval in fairly short order.
And then, as Steve mentioned, shortly thereafter -- that's the last
item. The transaction will go to National Loan Committee, which
should add another week or so to the final approval process. The
May 28, 2024
Page 33
commitment for this deal has already been drafted so that we can
compress the time between National Loan Committee approval and
delivery of the actual signed commitment. We expect that in June.
And, unfortunately, we just don't control HUD's schedule, so we
can't give you a more specific time frame, but HUD is fully aware of
the timeline established by Collier County and the importance of
getting started on this important workforce housing transaction.
So that is our update. Helen is my colleague, who has probably
had a little more interaction with HUD, so I would cede any
additional time to Helen to drop in anything I may have left out.
MR. EBLE: Helen, you're likely to be prompted to unmute
yourself.
MS. LEE: Hi, everyone. Thank you, all.
So, yeah, my name is Helen Lee, as Alex mentioned. I'm also
with Prudential working as the lead FHA underwriter for this deal.
So, yes, we've received positive communication from HUD.
They've completed all of their various reviews with the exception of
the environmental review. So I'm very confident that we will get
this through with them. We just need that additional time, as Steve
had mentioned. So really appreciate, you know, an extension being
considered and hope you approve. So that's really it from me.
Thank you all for your time.
CHAIRMAN HALL: Thank you, Helen.
MR. KIRK: And I'm available for questions.
COMMISSIONER SAUNDERS: Mr. Chairman.
CHAIRMAN HALL: Yes.
COMMISSIONER SAUNDERS: I'm going to go ahead and
make a motion to approve the extension as requested, along with the
modifications to any document that would require any changes as
reflected by this extension, until the end of June of 2024. That's the
motion, Mr. Chairman.
May 28, 2024
Page 34
CHAIRMAN HALL: Okay.
COMMISSIONER McDANIEL: I'll second it.
CHAIRMAN HALL: All right. I have a comment. You
know, Steve, I can really appreciate all of the work. I mean, you've
been here over and over.
But I have a question for the County Attorney. Is there
anything that prohibits us from requiring a financial commitment on
this extension?
MR. KLATZKOW: No.
CHAIRMAN HALL: So, you know, my thing is I believe in
everybody, but I count on no one. And I think that we should
consider a pretty substantial -- you know, the confidence is exuding
from Mr. Kirk, from the Prudential people. The ERP's in, but at the
same time, if we extend this and we go past June the 30th, I think that
the county should be rewarded financially for it. So I wouldn't be,
you know -- I don't know, $100,000 commitment. I mean, I've done
deals where I was $100,000 naked out there on a limb. I had to
produce, or I lost it.
So it's -- I don't think it's an unfair ask. I just want to know
what you-all think about that.
COMMISSIONER McDANIEL: Well, my question is -- and,
again, I've done a lot of investigation. It's not unusual to have an
earnest money deposit that goes nonrefundable at some stage. It
should be done, as a matter of fact. The investigations that I've
completed so far, if we were to not grant this extension, we're looking
at years to bring something out of the ground and go forward.
County Attorney, do we have a nonrefundable deposit today?
MR. KLATZKOW: I don't know off the top of my head.
Sally?
COMMISSIONER McDANIEL: Oh, here comes Sally.
Steve, do we have a nonrefundable --
May 28, 2024
Page 35
MR. KIRK: No.
COMMISSIONER McDANIEL: Okay. I can ask -- I can ask
the buyer, if I can.
CHAIRMAN HALL: Yes, he would know.
MS. ASHKAR: Yeah. Sally Ashkar, assistant County
Attorney, for the record, Commissioners.
Mr. Kirk is correct, there's no nonrefundable deposit as part of
this deal as it stands today.
COMMISSIONER McDANIEL: So while you're at the
podium, will we have to renegotiate the contract to institute a
nonrefundable deposit?
MS. ASHKAR: Well, we would have to do an amendment to
the existing lease, I would think.
COMMISSIONER McDANIEL: Okay. I'm -- an amendment
to the existing lease or the contract?
MS. ASHKAR: Well, currently there's a Phase 1 that's in
effect, and there's a developer agreement, so you would probably
include it -- as I'm talking out loud here, you'd probably include it as
part of the developer agreement.
COMMISSIONER McDANIEL: I'm going to make a
suggestion, Mr. Chair, and that's --
CHAIRMAN HALL: Sure.
COMMISSIONER McDANIEL: -- just -- I want to say it out
loud. There are no more free extensions. I'm not really in for
adjusting the contract and a developer agreement. I mean, we've
been -- we've been playing with this transaction for three years,
maybe four. I don't know. Too long. And so I'm going to say it
out loud. I concur with you. If I'd had a little more lead time
knowing that this was coming and that this was -- you know,
Commissioner Saunders, grateful that you brought this forward for
this extension, but I would prefer to let the deposit -- the extra deposit
May 28, 2024
Page 36
lie for now.
CHAIRMAN HALL: Commissioner Saunders.
COMMISSIONER SAUNDERS: Thank you.
And I apologize to the Board for not putting this on in an early
date, but, quite frankly, I was not aware of all the details until we had
a meeting in my office on Friday. And staff really went to work to
make sure that we had all the documentation taken care of. So that's
why it was a walk-on.
And in terms of extensions, I agree that, you know, we're
extending this for 30 days. We've heard that it shouldn't take that
long. If we don't get this done in the next 30 days, then we have a
different story to tell when we come back.
So I'm going to stick with the motion. I understand the
Chairman's request. And I don't necessarily disagree with it, but
that's not something that was brought to anybody's attention until this
morning. So I think it's now -- you now have that issue in front of
you. And on June -- after June 30th, if this doesn't work, then I think
that would be something to consider, but I'm going to stick with the
motion, Mr. Chairman.
CHAIRMAN HALL: Commissioner Kowal.
COMMISSIONER KOWAL: Thank you, Chairman.
Well, I'll just be upfront. My position's not going to change on
this. I voted against it the last extension because Mr. Kirk stood in
front of us and was confident that he'd get it done within that 30 days.
Like I said, it didn't happen.
And now I'm hearing a little bit more detail about why some
things aren't happening. Now it sounds like HUD's a little hung up
on the environmental issue, and they're still waiting for some extra
work or extra people to look at that or put eyes on it on their end.
So as confident as Prudential and Mr. Kirk and everybody else is
here in the room, you know, that's been speaking to us today, they're
May 28, 2024
Page 37
still depending on HUD. And, you know, that's rolling the dice,
according to me, you know. That's never an actual, you know,
answer to the problem here, because you just don't know what HUD's
going to do, and you don't know what they're thinking.
So like I said, my position stays the same. If you guys do
a -- refundable or not, I just don't have the confidence that this is
going to change it. I have a feeling we'll be back here in another 60
days, so...
CHAIRMAN HALL: Commissioner LoCastro.
COMMISSIONER LoCASTRO: Thank you, Mr. Chairman.
Mr. Kirk, I just want some basic clarification. Is HUD waiting
on anything from you, or you've done everything across the board,
and it's a matter of just, you know, waiting on that organization to get
to the next stack in their pile, and they're just moving slower than
what was anticipated?
MR. KIRK: It is our understanding that we have everything
into HUD. Again, I work through Prudential. We provided
Prudential everything that it asked from us. They provided a
February 29th application to HUD that was 100 percent complete.
We've had some very small questions from HUD to other
reviewers in the course of the past month, simple question like, "Can
you redirect your affirmative fair housing and address serving Asian
population?" A very technical question. We've similarly had an
additional question in regards to, "Tell us the difference between
solid surface marble quartz countertops." Those are the only
requests for information that we've actually had in April and May.
COMMISSIONER LoCASTRO: Does HUD realize you're
asking for another extension from us and that, you know, if we grant
it, that the clock's really ticking on -- you know, I mean, have you
gotten any kind of -- I hate to use the word "guarantees," but, you
know, did you get some apologies from them, saying, "Hey, we're
May 28, 2024
Page 38
sorry we missed the deadline and you're going to have to go before
the Board of County Commissioners with a little bit of
embarrassment, egg on your face," or "disappointment" maybe is a
better word. But did they realize that, you know, us granting the
extension, really we're -- to me, I feel like, unless I hear something
different, we're granting an extension to HUD to give them more time
to get back with you.
But in your conversations with them or anybody from your
organization, have you had serious conversations with them that, you
know, there's no free lunch? We've been burned before on
extensions, but the difference here, I think -- it still doesn't make me
feel happy. But some of the extensions we've given an applicant
before is because the applicant was dragging their feet or promised to
do something and then didn't.
This one seems a little bit different and, you know, HUD moves
at glacial speed possibly, and they also have a lot on their plate, so we
may not be their number-one priority.
But did they realize the ticking time bomb here and that, you
know, you can only come to this podium so many times and say,
"HUD promised this, but they didn't do this. HUD promised this,
and didn't do this"? Do they realize that? Do you think you have
their full attention?
MR. KIRK: Yes, an egg on my face is how I feel.
COMMISSIONER LoCASTRO: Yeah.
MR. KIRK: So, I certainly -- we're certainly humbled by being
here again.
Prudential, who was on the line, probably could answer the
question better. But this past week, since the e-mail that we had for
the 20th in which they apologized for not getting it out May 10th to
the National Loan Committee -- that's attached in your agenda --
COMMISSIONER LoCASTRO: Yeah, I read that.
May 28, 2024
Page 39
MR. KIRK: -- I mean, Prudential has escalated this up the
HUD chain over the course of Monday through Friday of last week
doing everything we could to shake the environmental review loose
so that there was a possibility it would go before the National Loan
Committee this week.
So they can contradict me. They're probably not online. But I
believe that HUD understands doubly now just how concerning this
is, as does Prudential, obviously, by being here and being present in
the meeting.
So is it possible for a reviewer to ask us for one additional item?
It is certainly possible, but we have no open requests with HUD at
this time on any document that they --
COMMISSIONER LoCASTRO: Do you think you're asking
for a long -- I mean, and I'm not a fan of super-long extensions, but,
you know, it seems like we're, you know, inching and taking small
bites of the apple. I almost feel like I just want to do this one time,
and then if you crash and burn, then, you know, we sit up here and
go, okay, how many more times are we going to do this? So --
MR. KIRK: Look, I think we asked Commissioner Saunders,
in our conversation last week, through June 30th. I think we're
willing to live with that. I heard Commissioner Hall mention a
nonrefundable deposit if something else were to happen. I don't
think that's unfair given the number of times that we've been before
you.
COMMISSIONER LoCASTRO: Okay. That was going to be
my second question, what were your thoughts on that.
MR. KIRK: We have $2 million invested on our behalf to date
to get to this point. So, you know, we're very committed to trying to
get this to the end of the line. But, you know, we would appreciate
your support on an extension today, and I think, you know, HUD is
on notice from us. So I mentioned -- as I mentioned, Commissioner,
May 28, 2024
Page 40
that Congressman Diaz-Balart, we utilized his office to press FEMA
forward because we were running into similar delays with FEMA last
month.
That resulted in the CLOMR F being issued. We have every
intention of reaching out to his office today or tomorrow morning to
ask him to put the similar pressure through his congressional office
on HUD for this -- to get this to the finish line.
COMMISSIONER LoCASTRO: So just for clarification for
me, what I'm hearing from Commissioner McDaniel, what I'm
hearing from Commissioner Saunders in your motion is an extension
with no financial commitment, but past that, if we're back at this
podium in 30 days, a financial commitment is going to be something
that you're going to motion for in a very strong way?
All right. So you're asking us for sort of one more freebie
based on the information you have; is that correct?
COMMISSIONER SAUNDERS: No, it's not correct. I didn't
say that I would make a motion to that effect. I simply said that's
fair game for considerations, and I would probably support that.
COMMISSIONER LoCASTRO: Okay.
COMMISSIONER SAUNDERS: But I don't want to make a
commitment to make a motion on that.
I'm confident that we're not going to have to do that, but if it
comes back at the end of June, you know, just before our last meeting
in June, if we have to come back, then, again, I'm not going to be
sitting here arguing against it.
COMMISSIONER LoCASTRO: Right.
COMMISSIONER McDANIEL: The seconder is very clear
with what he said with the second.
COMMISSIONER LoCASTRO: Got it.
COMMISSIONER McDANIEL: We're not going to make a
motion today.
May 28, 2024
Page 41
MR. KIRK: And we're on notice.
COMMISSIONER McDANIEL: But there's no -- this is -- and
in regard to transactions with HUD, oh, my goodness. When I was
chairman of the Collier County Housing Authority, I effectuated the
$11 million rehab for Collier -- or for Farmworkers Village in
Immokalee, and that was funded through HUD.
And having somebody -- having somebody react, they're not
going to express whether or not they care. They are the ones that are
carrying the -- they are the ones that are carrying the hammer with
regard to this.
And, again, this all hasn't been -- this all hasn't been Rural
Neighborhoods. This transaction's been going on for quite some
time. There were complications with engineers that were managing
the ERP, the environmental. The surface water flow coming off of
the golf course itself transects through this property before it goes to
the canal. So there's a myriad of things that were going on even
before some of our colleagues up here were here.
I'm good, sir.
CHAIRMAN HALL: Okay. So I am not going to support the
motion for the free extension. But we have a motion on the floor for
that extension to June the 30th, and we have a second. All in favor
of that extension, say aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER LoCASTRO: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN HALL: All opposed?
Aye.
COMMISSIONER KOWAL: Aye.
COMMISSIONER SAUNDERS: So, Mr. Chairman, that
passed or --
COMMISSIONER McDANIEL: It did.
May 28, 2024
Page 42
CHAIRMAN HALL: It passed.
Item #11A
THE SELLER-EXECUTED AGREEMENT FOR THE SALE AND
PURCHASE OF 2,247 +/- ACRES OF PROPERTY AT WILLIAMS
RESERVE AT LAKE TRAFFORD, LOCATED IN IMMOKALEE,
AT A PURCHASE PRICE OF $20,770,000, THE AVERAGE OF
THE TWO APPRAISALS, INCORPORATING ALL BOARD
DIRECTED CHANGES FROM THE MAY 14, 2024, BOARD
MEETING AND AUTHORIZE THE NECESSARY BUDGET
AMENDMENTS. (ED FINN, DEPUTY COUNTY MANAGER &
JAMIE FRENCH GROWTH MANAGEMENT COMMUNITY
DEVELOPMENT DEPARTMENT HEAD) (ALL DISTRICTS) -
MOTION TO APPROVE BY COMMISSIONER MCDANIEL;
SECONDED BY COMMISSIONER LOCASTRO - APPROVED
5/0; MOTION TO DIRECT STAFF TO BEGIN THE GMP
AMENDMENT PROCESS BY COMMISSIONER MCDANIEL;
SECONDED BY COMMISSIONER HALL – APPROVED
MS. PATTERSON: Commissioners, that brings us to
Item 11A, and this is a recommendation to approve the
seller-executed agreement for the sale and purchase of 2,247
plus/minus acres of property at Williams Reserve at Lake Trafford
located in Immokalee at a purchase price of $20,770,000, the average
of the two appraisals, incorporating all board-directed changes from
the May 14th, 2024, Board meeting, and authorize the necessary
budget amendments.
Mr. Ed Finn, your Deputy County Manager, is here to present or
answer questions.
MR. FINN: Thank you, Ms. Patterson.
May 28, 2024
Page 43
Mr. Chairman, Commissioners, I'm returning today with good
news relative to our last meeting on this property. At our last
meeting -- last meeting, the agreement for purchase and sale was
presented to the Board. After extensive discussion, the Board
approved some additional terms. Purchase price of 20,770,000,
which is the average of the two appraisals.
If the county is unable to obtain environmental and other
investigative reporting within the six-month period, there would be a
90-day extension, an automatic 90-day extension of that, and the
existing leases between the seller and the ag tenants are assignable to
the county.
Finally, just considerations that are in the agreement: The
naming rights, for the Conservation Collier park established to James
E. Williams, Jr., Preserve; the agreement for sale and purchase is
identical to that -- other than the terms we just discussed is identical
to the agreement provided on May 14th. The sellers have signed the
agreement for the sale and purchase with the board-directed
modifications. Accordingly, staff is recommending approval of this.
And just as a visual reminder, this is the area we're talking
about. The proximity to Pepper Ranch, Immokalee, the importance
of the slough, the overall environmental benefits of acquiring this
property.
With that, sir, I will endeavor to answer any questions or take
any comments, or if there's some other member of staff you wish to
address, that's fine.
CHAIRMAN HALL: Commissioner LoCastro.
COMMISSIONER LoCASTRO: So -- Mr. Finn, so we made
the offer of 20.7- to the seller, and they accepted it? And now we
have some paperwork to do, correct?
MR. FINN: Yes, that is correct.
COMMISSIONER LoCASTRO: Okay. So, I mean, you
May 28, 2024
Page 44
know, I really want to commend my colleagues here for sticking
with, you know, what we've said before is appraisal price or less than
appraisal price. And in some cases, we've gotten less than the
appraisal price, which has freed up, you know, money for other
parcels. So good job by the staff and, you know, we thank the seller
for not being greedy and working with the county, and it sounds like,
you know, this one's headed in a good direction unless there's
something that you have major concerns over.
But everything I was reading in preparation for today looked
like, you know, a good-news -- it's a big chunk of money, and we've
had serious conversations over this parcel and many others. But,
you know, I'll never vote for anything over the appraisal price
because I just think that's a dangerous trend unless it was some sort of
extremely unique situation, but this one didn't seem unique to me.
And, you know, there was a few people -- I remember
Commissioner McDaniel saying -- but I think he was saying it really
tongue in cheek, "Oh, I think we just set up this one for failure," but
then he sort of corrected that and was -- but the good news is it looks
like we're moving forward on this one at the price we've agreed to,
and I think we need to continue to -- when we do acquire property
that is environmentally sensitive, manage it like a business, you
know, and not waste taxpayer dollars. So I was happy to see this
one on the agenda, as I assume we all were, for the price that we
thought was a fair price.
CHAIRMAN HALL: Commissioner McDaniel.
COMMISSIONER McDANIEL: Yeah. Well, I'd like to make
a motion, but I'd like to hear from the public comment first, and then
I do have a couple of comments --
CHAIRMAN HALL: Sure.
COMMISSIONER McDANIEL: -- before I do make the
motion.
May 28, 2024
Page 45
MR. EBLE: We just have one registered speaker, Manny
Touron. You have three minutes.
MR. TOURON: Good morning. My name is Manny Touron.
I'm a soccer coach, and I'm the executive director of the Soccer Pit
Cobras Youth soccer program in Immokalee.
As you have been hearing over the past several years from me
and from the Immokalee community, we are in need of recreational
spaces. More importantly, though, Immokalee is in need of
affordable housing. The community has voiced its needs, and
Commissioner McDaniel graciously gave them the time to speak for
a long time.
COMMISSIONER McDANIEL: Not gracious.
MR. TOURON: I urge you to please approve the Williams
Reserve contract and move forward with the affordable housing and
recreational spaces. Immokalee is in need of your attention.
Thank you so much. Appreciate it.
COMMISSIONER McDANIEL: Thank you, Manny.
CHAIRMAN HALL: Thanks, Manny.
COMMISSIONER McDANIEL: Thank you, Manny.
And, Manny, before you leave, make sure you get up with
Deputy Finn. He has some other information he wants to talk to you
about and coordinate before you go to the --
MR. TOURON: I don't know the gentleman.
COMMISSIONER McDANIEL: You don't know him? Okay.
MR. TOURON: I'm kidding.
COMMISSIONER McDANIEL: Can I go now, or do you want
to call on somebody else?
CHAIRMAN HALL: You can go.
COMMISSIONER McDANIEL: First of all, I didn't correct
the record. I did say out loud that it was heading for the wrong
direction, but I will say that I am wrong once in a while. But it's so
May 28, 2024
Page 46
far and few between, it's difficult for me to remember.
COMMISSIONER LoCASTRO: We have your mom on the
line, and she would like to correct the record.
COMMISSIONER McDANIEL: And Mother is watching, and
there's probably a tape out there that says that. But to that end --
COMMISSIONER KOWAL: Can I correct you?
COMMISSIONER McDANIEL: No.
COMMISSIONER KOWAL: You were wrong twice.
COMMISSIONER McDANIEL: Do what?
COMMISSIONER KOWAL: You were wrong twice. The
last extension of 30 days, remember.
COMMISSIONER McDANIEL: Yeah, I gotcha, I gotcha, I
gotcha. Quit. You're not allowed -- that -- Mr. Chair, you have to
control the Board.
COMMISSIONER LoCASTRO: Great Wolf Lodge.
COMMISSIONER McDANIEL: Quit.
COMMISSIONER LoCASTRO: Sorry.
COMMISSIONER McDANIEL: There's another success.
So having said all that, I appreciate the movements that were
going on. There are extraordinary circumstances that go on with this
acquisition: The environmental concerns, the housing, the field
space, the road right-of-way. There's just a myriad of extenuating
circumstances that led me to believe that that extra 2.2 plus was a
valid expenditure for us. Nonetheless, hooray for this. This is an
amazing opportunity for our community to take advantage of.
So without much further ado -- I do have one comment after we
make the motion and vote, if we do do that. But I have a comment
for direction for staff that I don't want to make part of the motion.
So I'll make a motion for approval.
COMMISSIONER LoCASTRO: I'll second it.
CHAIRMAN HALL: Commissioner Saunders.
May 28, 2024
Page 47
COMMISSIONER SAUNDERS: I do have some comments or
some questions.
I support the acquisition, so this is not coming from the
perspective of not supporting this, and I will vote for this.
But I want to make some -- I want the County Attorney to
clarify a few things for me because we have some environmental
issues, and I just want to make sure that they're properly addressed.
I want to read a couple sentences from a letter that we received
from Brad Cornell. Now, Brad is with the Audubon and is
supportive of this, so I think some of the issues he raises are worth
discussing.
He said, "The Audubon remains concerned that there may be
pollution or contamination issues associated with the long-term
agricultural uses," and we know all about that, "and being
downstream from the Immokalee Road Water and Sewer District
operations," and then he refers to an old unlined landfill at the eastern
end of the wetland slough running through the Williams Farm. So I
guess the question is, I'm assuming that that landfill is not part of the
acquisition parcel?
MR. KLATZKOW: It is not.
COMMISSIONER SAUNDERS: And then, secondly, will we
be able to determine whether or not there's a problem on the property
we are acquiring from this landfill? And if there is, what can we do
about it?
So, for example, I know landfills tend to -- there's a lot of
leachate that tends to move from the landfill into the water table. So
I just want to get an understanding of whether that may or may not be
a problem, and if it turns out to be, I want a bit of an explanation,
Mr. Klatzkow, in terms of the termination provision that we have, the
due diligence period that we have, what our options are.
MR. KLATZKOW: We can terminate. If we're not happy -- if
May 28, 2024
Page 48
we're not happy with the reports that are coming in, we can terminate
the agreement.
COMMISSIONER SAUNDERS: Mr. Finn, is this something
that will be part of the evaluation just to make sure we're not getting
something that's going to be a problem for us?
MR. FINN: Yes, yes, of course, it will, sir. And Ms. Cook is
here if you'd like a specific -- staff to specifically address that.
COMMISSIONER SAUNDERS: No. As long as the County
Attorney and you are confident that we have an out if we need it,
that's all I need to hear.
MR. FINN: And if I may, one of the things that cropped up
when you this property first got onto our radar was the potential that
this landfill or this extinct landfill was on the property, so one of the
first things that we verified is that it was not, and that is my
understanding.
COMMISSIONER SAUNDERS: Again, just make sure.
MR. FINN: Copy that.
COMMISSIONER SAUNDERS: Do an analysis.
And then if we have a landfill that is unlined on someone's
property, would that not be something that we should take some
action on in terms of getting that cleaned up? And that's just a
rhetorical question for you to think about. I don't know how many
unlined landfills we have, but apparently, we're on notice of one here.
MR. FINN: Allow staff to look into that a bit. As I said, I can
tell you what my understanding is. I have not seen the paperwork on
it, so I'm going to simply say that staff will provide for me something
in writing on what the status of that is.
COMMISSIONER SAUNDERS: Thank you.
MR. FINN: Thank you.
CHAIRMAN HALL: So we have -- this sales and purchase
agreement is very well poised for the county. We have six months
May 28, 2024
Page 49
to look at everything we want to look at. If it comes back and we
just absolutely can't live with something, there's also language in the
contract that says we can reduce the acreage. So it's not all or
nothing. We're not just -- you know, if there's something that we
can't live with, we're not just throwing it all out. We can come back
and negotiate a reduced acreage purchase for something, so that's
something that's also --
MR. FINN: If I may, sir. I think that in the event that there
were some substantial concerns and we wanted to renegotiate the
amount of acreage, there's the potential we could do that. I'm not
certain --
CHAIRMAN HALL: No, it's not saying it's automatic, but
they're saying it's not -- it's not zero.
MR. FINN: Yes, sir. We are a desirable buyer. We have
cash money. That is a good thing.
CHAIRMAN HALL: So I just want to make that point. And
so, Commissioner McDaniel.
COMMISSIONER McDANIEL: And just to reiterate,
Commissioner Saunders, you know, I read the letter from Brad this
morning as well. The contract does say -- and I don't know, have
they given us the Phase 1 and limited Phase 2 yet that Stantec did?
We haven't gotten that yet, but upon execution, those are going to be
given to the county within three days. So we'll have that
information.
And I -- you know, and in communications, I'm told that the
little bit that's popped up on those things is de minimis around the
field stations and stuff from a farm forever, so -- and just -- you
know, just to make it -- say it out loud, the piece of property that is
the old landfill over there was one that was brought to Conservation
Collier twice, and we've not bought it, just so you know. It's not on
this piece right here.
May 28, 2024
Page 50
So with that, I'm still going to make a wholehearted motion for
approval.
COMMISSIONER LoCASTRO: I'll second.
CHAIRMAN HALL: Motion and second for approval of the
sales and purchase agreement. 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.)
COMMISSIONER McDANIEL: Mr. Chair, while staff's still
standing and we're on the subject, I would like for -- I don't know if I
need to make a motion at this, but one of the things that's imperative
is as soon as possible after we have a review primarily of the Phase 1,
Phase 2, I want to give direction to staff to begin the GMP
amendment process. A portion of this -- a large portion of this needs
to be swapped out of the RLSA, into the RLSA credits generated. I
want to begin the GMP amendments to allow for those benefits to
inure to the benefit of Collier County.
CHAIRMAN HALL: I agree.
COMMISSIONER McDANIEL: Do you need a specific
motion on that, or are you --
CHAIRMAN HALL: You got it.
COMMISSIONER McDANIEL: That's more --
CHAIRMAN HALL: You understand it, don't you, Mr. Finn?
MR. FINN: I do. My thought is we get a specific motion
because those are actions that are going to require substantial
adjustments to documents. So if that's the will of the Board, we
need a motion.
May 28, 2024
Page 51
COMMISSIONER McDANIEL: Then I'll make a motion on
that.
CHAIRMAN HALL: I'll second it.
All in favor, say aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN HALL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER KOWAL: Aye.
MR. FINN: Very good.
COMMISSIONER LoCASTRO: So, Mr. Finn, you'll be
coming back here in two weeks giving us an update, because a lot is
going to happen in the next 14 days with this piece of property,
correct, as far as moving forward on a few things?
MR. FINN: Certainly, we can give you a quick update on how
we've done. We can verify we've received the environmental reports
and where we are with our own environmental study. Certainly
happy to give you a quick briefing on that, yes, sir.
COMMISSIONER LoCASTRO: Yeah.
MR. FINN: Very good.
CHAIRMAN HALL: I do want to have further conversation,
maybe not now, but how we're going to pay for this from the table.
I'd like to see some changes made to that. So will we have time to
come back and do that at a later date?
MR. FINN: Yes, sir.
COMMISSIONER McDANIEL: Of course.
MR. FINN: In terms of the curve we're on, we're projecting six
months or more before we come to closing, so certainly that's part of
what we will be working on during that period is finalizing the
interim financing, because the ultimate use of the property is going to
be dependent on the planning and, ultimately, that allocation may be
May 28, 2024
Page 52
different than what we do when we buy the property.
CHAIRMAN HALL: Great.
COMMISSIONER McDANIEL: Got it.
CHAIRMAN HALL: Thank you.
MR. FINN: Very good. Thank you, sir.
CHAIRMAN HALL: Good time for a court reporter break, so
why don't we come back at 20 till -- at 10:40.
(A brief recess was had from 10:28 a.m. to 10:41 a.m.)
MS. PATTERSON: Chair, you have a live mic.
CHAIRMAN HALL: Great. That brings us to the Paradise
Coast update. Mr. Finn, get 'er done.
Item #11B
AN UPDATE ON THE PARADISE COAST SPORTS COMPLEX
REGARDING CONCERT EVENT LOCATION OPTIONS. (ED
FINN, DEPUTY COUNTY MANAGER) (DISTRICT 3) -
PRESENTED; MOTION TO AMEND THE PUD BY
COMMISSIONERS MCDANIEL; SECONDED BY
COMMISSIONER HALL – APPROVED
MS. PATTERSON: Hold on. Item 11B is a recommendation
to accept an update on the Paradise Coast Sports Complex regarding
concert event location options.
Mr. Ed Finn, your Deputy County Attorney, is here to present.
MR. FINN: Thank you, ma'am.
And I apologize. I'm going to just dial the clock back to the
previous item and just remind the Board that when we're here on the
14th, we did obtain approval for budget amendments in order to get
various things underway, including prepositioning money for the
acquisition and the environmental work that needs to be done. So I
May 28, 2024
Page 53
just wanted to get that on the record because it was not specifically a
part of the recommendation.
Having said that, today's task relative to the Paradise Coast
Sports Complex is to consider and accept an update on the
event -- concert event locations.
Mr. Moses, the general manager of the facility, is here to talk
about some of the specifics.
I'll just bring the Board current with where are. During the
May 14th meeting, the Board expressed interest in exploring more
options for entertainment events and requested information on
stadium field protection. This discussion led to the possibility of
amending the City Gate PUD to lessen the restrictions on the
allowable direction for amplified sound which could -- in our
discussion on the 14th, was seen as potentially providing more
flexibility in using the Great Lawn and related improvements.
With that, if it -- if it suits the Chair, I'll bring Mr. Moses up to
bring us through the rest of this item.
CHAIRMAN HALL: Sure.
MR. FINN: Thank you, sir.
MR. MOSES: Good morning. For the record, Adrian Moses
with Sports Facilities Companies representing as general manager of
the Paradise Sports Complex.
Since we've taken over the facility in late '21, we understood our
assignment of managing the facility and providing it for local
programming use, drive economic impact through sports tourism, and
also providing community events, nonsporting events as well.
So we've been working consistently to try and find concert
partners. We have had a few, and the stadium has always been the
jewel in the crown of where concert events potentially could be. But
we've found challenges with that, and notwithstanding the design of
the stadium, but also the cost of building out to a large concert -- a
May 28, 2024
Page 54
concert stage standard, along with the cost of renting the stadium,
paying security costs, covering the field, production, not to mention
the expensive talent that we need to bring in. There's a very small
window of time that people can -- that bands are touring and they
may come through that make it a good time and efficient use of their
time to get in. And we've identified that a talent coming into the
stadium would need to draw at least 4,000 people to make sure that
there is a significant return to Collier County and to the promoter to
do such an event.
We've come to that through running all of the numbers, average
ticket prices, all of those kind of things as well. We've identified
other areas around the complex in the meantime.
Many of you have been out to the complex and been to a concert
on the East Lawn. We find that that's a much more economic area
for load in and load out. All of the areas suffer the same issue of
power. Each area requires bringing in power. Each area is not as
close as you want it to be to restrooms. But what we found is using
other areas in the complex, we're able to offer a promoter a much
more feasible structure to having concert events in the stadium -- than
the stadium.
That being said, when we do use the stadium, the most efficient
way that we've found to do it is a stage facing towards the seating
area about 20 to 40 yards off. This allows us to put around 600
seats. The image on your screen right there is actually a church.
That was the Grow Church Easter event. It was an incredibly
well-produced event. I was so impressed by that group.
This allows for seating. That seating that you see there is
covered by 3200 square foot of protective flooring that we rent from
All Event Party Rentals just down the road in Collier -- on Collier
Boulevard.
The other option is putting a stage up on the rock area in
May 28, 2024
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between the east berms. The challenge with that is the proximity to
the building. It's not really logical to have people sat 80 yards away
from the stage, and also the distance to the restrooms that are on the
east side of the stadium.
Positioning and orienting the stage to the south as per the PUD
would require significant coverage of the field with protective
flooring. I'll get to that in a second, and that second is now.
We rent the flooring around about just over a buck 30, two
bucks 30, and there's an installation fee as well. You asked us to
look into procuring the flooring as a purchase. The field is about
85,000 square feet. In a previous role I had working with the
Houston Dynamo organization in Houston, we purchased that
amount. What that came with as well was the rental of a warehouse
next to the stadium to store such flooring for use twice a year. It's a
significant expense. We would need to purchase at least 15,000
square feet for there to be some coverage, and that would
price -- purchase price would be over 150K.
The pieces would be stored on pallets. They're typically
stacked up 20 to a pallet, which means 45 to 50 pallets of flooring
that would need to be stored somewhere in a weather-protected area,
not a weatherproof area, not to mention the additional purchase of
something like a forklift truck to be able to efficiently move
that -- move that stuff.
Other options, we've had shows to success. The Great Lawn.
This is a -- this is the Shy Wolf WolfStock event with the county
stage, which is up next to the rock wall, which is oriented south.
This is a good option because it's close to the Cove. It's close to the
satellite restrooms that are on the other side of the factory gym.
When we do an event on the Great Lawn, we don't -- we don't
have the issue of impacting other events -- sporting events on the
fields. We've done many events such as this one where there's a
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tournament been going on at the same time as the event, and it also
makes the stadium available as well for use for sporting events as
well.
There's a modest capacity on the Great Lawn, we think, of about
1500, and the requirement to put in a perimeter fence around it for
ticketed events. That's possible. We own the fence already, and it's
well within our capabilities to do.
The image shown here is Movies in Paradise. If you haven't
been out, we show movies every third Thursday for the community,
and the changes to the -- proposed changes that were requested to the
direction of the sound, a stage could be placed underneath the video
board there. It's the same -- same pros as having a stage on the other
side. An additional con of this is we have found that when the
volume is up on the screen, it does rebound back off the -- it does
rebound back off the climbing wall there.
The East Lawn is the space that is just to the south of Fields 3
and 4. It's a great space for a show. It's recently been resodded, and
we're allowing that grass to grow back in.
There's a larger accommodation that we can have of people here,
around two and a half thousand, and there's logical entry from
parking using the East Lawn.
There is, for example, the Legends Concert Series. There's no
reason why we can't have a stage oriented south on the path just south
of Fields 3 and 4.
Similar kind of challenges that we have that I mentioned before,
we need generator power, and this area, when you have a show there,
it's not reasonable to expect people to be playing sports on the fields
right next door, nor is it really logical to do so.
The conclusion is stadium events are in our plan. We are
actively seeking out operators to get that Lightning in a Bottle event
on the right date at the right time with the right promoter with the
May 28, 2024
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right show. The other areas, the Great Lawn and the East Lawn, we
are absolutely able to accommodate shows without any adjustment to
the PUD; however, we're providing cost-effective solutions and
maximizing the use of the sports complex. Use of the East Lawn
and the Great Lawn, there's low risk to the actual damage -- any
damage to the sports field, and there's an appropriate return on
investment both for the promoter and us using the Great Lawn and
East Lawn spaces.
Thank you.
CHAIRMAN HALL: Thanks, Adrian.
MR. MOSES: If you have any questions, I'd be happy to
answer them.
CHAIRMAN HALL: Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes. Good morning, sir.
My first question is back on the actual field covering for the
stadium. It was about 150,000 for that acquisition and then storage
and moving and coming and going. What is the approximate useful
life of that field covering for those pallets?
MR. MOSES: Good question. I referred to Tom Mann from
All Event Party Rentals who has purchased the flooring, and I asked
him what did he want out of his flooring, and he said he wanted at
least 15 years of use out of it.
COMMISSIONER McDANIEL: Plus/minus 15 years.
And so far, since you've been managing the facility for the
county, how many requests have you had where that was requisite to
cover that whole field?
MR. MOSES: The whole field?
COMMISSIONER McDANIEL: That's what I said, the whole
field, yes.
MR. MOSES: None.
COMMISSIONER McDANIEL: None.
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MR. MOSES: None.
COMMISSIONER McDANIEL: Okay. And so my other
statement that I have to make is there's a counterintuitive thought
process with me because of our engagement with a professional
soccer team and its establishment and, primarily, utilization of that
stadium. Will not these larger concert events be in direct conflict
with the professional soccer team's use?
MR. MOSES: Potentially; that's why the protection of the field
is so important. But ultimately, we're looking at booking these
concert events in the stadium outside of the soccer season. So there
isn't a direct conflict, but there could be an issue if we had an event
in, let's say, early February, there was damage to the field that took
six to eight weeks to repair, then that would have a huge conflict of
interest with the soccer team coming in.
COMMISSIONER McDANIEL: Okay. Thank you.
CHAIRMAN HALL: Commissioner LoCastro.
COMMISSIONER LoCASTRO: Adrian, that picture you
showed of the church that had -- you know, they had a function there,
obviously, the entire stadium field wasn't covered. It was just the
area that they needed. Who paid for that? Did they pick up the tab
for that?
MR. MOSES: The church did, yes.
COMMISSIONER LoCASTRO: Okay. What's the square
footage of the entire stadium field?
MR. MOSES: 85,000 square foot, give or take.
COMMISSIONER LoCASTRO: So, I mean, realistically, we
wouldn't buy 85,000 square feet of coverage. We wouldn't be
covering the whole field. It would just be, you know, if someone
wanted to have a concert, what we would cover would look like, sort
of, that church picture, give or take.
So why wouldn't we buy, you know, sort of at least Phase 1 of
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some stadium -- because also, too, we don't know what we don't
know. You know, like, if you say, "Oh, we've had, you know, few
requests to have something in the stadium," well, if people on the
outside know we don't have stadium covering, you know, or they'd
have to pay for it, maybe you're not getting as many requests as you
thought.
If you bought, you know, sort of Phase 1 of some field
protection and then advertised, "Come one, come all. We have
protection. You know, a cost would be part of your contract, but
you wouldn't have to -- you know, you would rent it from us at a
realistic cost." We might be attracting more concerts and, like I said,
we wouldn't have to cover the entire football field. It would just be a
certain, you know, footprint and then, you know, maybe as we got
more business, we might -- you know, might add to that. Just sort of
brainstorming here.
And, you know, I realize the cost and the storage, but if it has a
15-year shelf life, it would attract more use of the stadium. We
wouldn't be covering the entire football field. It would just be
whatever, you know, that group needed for stage and speakers and all
that. It would just seem like -- that there would be an affordable
cost-effective way for us to provide protection for our field so we
could attract more events to it.
And like I said, we wouldn't be covering the entire football field.
It would just be whatever footprint that customer required, and it
would seem like when we have a 200-million-plus dollar stadium,
that having field protection somewhere in a storage unit would seem
like something that, you know, we probably should have done a long
time ago. And it wouldn't need to be 85,000 square feet, you know.
It would seem like we would start with something much smaller than
that and see what it would attract and then grow from there, and then
pass that rental onto the customer.
May 28, 2024
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I'm just -- you know, just thinking out loud, but I just think
we're -- I think we're missing out on using the best part of this -- of
the sports complex, which is the stadium. It just seems like, you
know, that's the least used area until the football teams come and, you
know, I would think the football players tear up that field more than
just putting a stage on top of the grass for just a few hours.
So -- and I'm still sort of scratching my head on, you know, we
all want the same thing, which is maximum use of this
taxpayer-funded super stadium, which is the biggest thing that we,
you know, own in the county, and at times I just think it's
underutilized partially because of some ordinances that we're looking
to change. Maybe we built stuff facing the wrong direction and, you
know, we're dealing with it, but also nobody wants to see us tear up
the field, but I also don't want to see it underutilized.
So I still think that maybe a little deeper dive into, you know,
buying at least some sort of protection for the field, maybe not all in
one fell swoop, but in, you know, some way that would -- like, with
that church picture, that's not 85,000 square feet of protection. It's
much smaller than that. So why wouldn't we buy sort of an amount
like that initially and then start moving some of our bigger events into
the stadium? That's -- I don't know. I'm just making statements,
not necessarily being directive.
But I just -- it just seems like we're sort of fighting this for some
reason. And I don't think the first step would be to buy 85,000
square feet of stadium field protection. I don't know what my
colleagues think, but really, I would just like to see this stadium
utilized a lot more, and all of the fields. It seems like we always sort
of skinny every event down to the smallest, you know, area, and then
all those -- all those attendees look to the left, look to the right, and
they see areas that are much nicer than what they're sitting in and
wondering why they're not sitting over there., you know, why the
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attached permanent seats are empty, and then everybody's dragging
their lawn chairs and putting them in, you know, wet grass or the
mud for an event. Anyway.
But what are your thoughts? I'll ask just one question: Why
wouldn't we buy, like, a smaller amount, an initial amount of field
protection and try to attract like what you saw for the church? That's
not 85,000 square feet of protection and, obviously, you know, they
had a great event there. Why wouldn't we do that? Is that one of
our options?
MR. MOSES: Possibly. The example I provided here was the
purchase of 15,000 square feet of flooring, and that would cost north
of $150,000. What you saw in that image is 3200 square feet of
flooring. Purchase of that would be -- would now be a cost that we
could drive rather than a cost being passed onto a rental company for
that, but that would increase the cost of the rental for the operator --
COMMISSIONER LoCASTRO: Sure.
MR. MOSES: -- just in the same way. It's not as if we're
going to purchase it and then give it to them for free.
COMMISSIONER LoCASTRO: Right.
MR. MOSES: And then we have to install it as well. So it's
not going to be a huge amount of saving to an operator for us to
purchase it or whether we rent it. If we rent it, then it's something
that we don't have to store and it's something that we don't have to
manage and maintain during its shelf life as well.
Ultimately, the events that require that amount of flooring, it's
not that easy to get the talent in that you require to cover all of the
costs. And we had Air Supply play two years ago. That was a
$50,000 purchase. That was a lot of work to put in by a lot of people
to turn a -- to have a return of $11,000, and that was just under 2,000
people at that show. That's a lot of work. That's a lot of risk being
put on the stadium for a show of that size.
May 28, 2024
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Conversely, we recently had the field being used by the Florida
state high school. They paid the stadium rental fee for three days,
the same way that an event does, and we returned three times as
much from a sporting event.
So when we're talking about the financial aspects of utilizing the
facility, it's nice to have a concert in the stadium, I get that, but in
terms of the dollars and cents, it makes much more sense for us to
learn from what we've done before and program the facility in the
way that we've been --
COMMISSIONER LoCASTRO: And the reason we need that
protection is the weight of the stage, right? Because, I mean, you've
got football players running up and down the field in cleats and
tearing up the grass, and -- although the grass holds up very well, but
it's the weight, right?
MR. MOSES: It's a sports artificial turf, which is designed for
sports. It's not necessarily the actual turf. It's the base layer that
gets damaged by heavy machinery coming under it.
COMMISSIONER LoCASTRO: By heaviness, okay.
MR. MOSES: And through nonsporting events, we find that
we're -- chewing gum is the worst, chewing gum and cigarette burns.
Those are the things that -- even though we're a nonsmoking venue,
you know, it's difficult to corral that many people in a space. And
those are the -- those are the issues, along with tears into the turf, of
potentially dragging flooring out.
COMMISSIONER LoCASTRO: You guys are doing a good
job maintaining it. I was just out there recently and walked a lot of
the field, and it looked impeccable, I mean -- at least to me.
So, okay, thank you.
CHAIRMAN HALL: Commissioner Kowal.
COMMISSIONER KOWAL: Thank you, Chair.
Thanks, Moses, for bringing everything to light to us today and
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giving us some insight on, you know, the cost and, you know, worth
the -- the amount of time and effort put in and to put a show on and
how many people we actually need to turn a profit for the county and
the promoter. You know, that's important to shed some light on that.
But I was looking at this picture of the Grow Church. Is
that -- what's under the stage? Is that not plywood, or is that --
MR. MOSES: Yeah, that's plywood under the stage.
COMMISSIONER KOWAL: Plywood, right? So that's not
really a flooring product. And then under the chairs is just where
you put the flooring?
MR. MOSES: Yeah. There's --
COMMISSIONER KOWAL: So it is a much smaller footprint,
like Commissioner LoCastro's talking about --
MR. MOSES: Uh-huh.
COMMISSIONER KOWAL: -- you know, to do an event like
that, but we still have to deal with the PUD because, in reality, we're
only supposed to send sound to the south, and I think that's what your
harping on when you said that we need the full field covered to put
chairs and that and the stage at the north end of the field to send the
sound south.
MR. MOSES: Yep.
COMMISSIONER KOWAL: And that's why, you know, that
number's so big, you know, to have the covering of that size because
you wouldn't really utilize the stands. You would still use the
football -- basically the field itself as your seating area.
MR. MOSES: Yeah. We've been working with staff to
identify some temporary permitting options as well.
COMMISSIONER KOWAL: Okay.
MR. MOSES: But what you're looking at there is the same
fingerprint that was there for Air Supply. So the cost doesn't really
go up or down to the operator whether we own it or whether we rent
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it, because we would still have to see a return on the rental of the
flooring.
COMMISSIONER KOWAL: And the other question I have is,
we talk about the great -- what is it, the Great Lawn?
MR. MOSES: Yep.
COMMISSIONER KOWAL: So the Great Lawn actually is
two things, right? It's what we refer to as the amphitheater on the
south end of the Great Lawn, and then the backdrop is the workout
facility in that picture where the stage was in?
MR. MOSES: Yep.
COMMISSIONER KOWAL: So just facing two different
directions but utilizes the same grassy area.
MR. MOSES: Yeah.
COMMISSIONER KOWAL: Okay. So that would be the
Great Lawn there?
MR. MOSES: Yep.
COMMISSIONER KOWAL: So it actually has two different
directions you can go with that. And those facilities there -- because
we have the bars right there, right? So we have closer --
MR. MOSES: Yes, the bar's in the top left-hand corner. There
is substantial restroom facilities just out of shot behind the -- in the
top right-hand corner by the --
COMMISSIONER KOWAL: How many people do you think
that can accommodate?
MR. MOSES: Based upon square footage, I think 1500.
COMMISSIONER KOWAL: Fifteen hundred. So it's about
average what some of our promoters have been doing?
MR. MOSES: Right.
COMMISSIONER KOWAL: Thank you.
MR. MOSES: You're welcome.
CHAIRMAN HALL: Thanks, Adrian.
May 28, 2024
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I guess my comments and my thinking out loud is just, why
don't we just amend the PUD to allow sound to go where sound goes
and eliminate the restriction? Then we still have all of these other
options.
And then regarding the flooring, if we purchase it, we can get
our deal -- if we have options, then we can book our deal. Then we
can buy the stuff to meet the deal, and it pays for itself after five
times of renting it. So those are just my thoughts and -- unless
there's severe objects to just changing the PUD and letting sound go
where sound goes.
COMMISSIONER LoCASTRO: That's what I --
CHAIRMAN HALL: And we still have every option, and it's a
win-win for everybody.
Commissioner McDaniel.
COMMISSIONER McDANIEL: Yeah. We don't want the
sound going where sound goes. We want the sound to be directed to
the south as much as is physically possible.
CHAIRMAN HALL: That's what I mean -- I'm sorry.
COMMISSIONER McDANIEL: Now, I'd be okay with a
stepped-in process where we buy a certain amount of coverage. I
like your idea of we don't have to go buy 150,000 square feet. We
can buy 5-, and then that's a $50,000 expense. And in the event we
can utilize it and we're seeing it be fruitful, then we can do that. And
if we need to amend the PUD, we amend it so that the sound either
travels west when it's pointed right at the stadium bleachers, or it's
pointed south.
The folks that live to the north of this facility are already hearing
the noise that's coming off the fields even when we have tournaments
and things.
So I don't -- I don't want to open Pandora's box for letting the
sound go where it goes. As Commissioner Kowal and I had the
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discussion a couple weeks ago, sound goes where the wind's blowing.
So I'm concerned about amending it and allowing it to just go
anywhere.
CHAIRMAN HALL: I'm not saying just to amend to let -- I'm
saying to give us options that we can direct the sound where we want
the sound to go with no restrictions. We can make good decisions.
The management team makes good decisions.
And I know that when we had that -- I was at that -- I was sitting
down there. I was one of those little people at that Grow Church
event, and the sound, it hit the stadium and bounced straight back,
and it was no problem at all, and that's aiming straight west.
So my thoughts were just eliminate the restriction and allow us
to make good decisions, and we have every option still available.
So, Commissioner Saunders.
COMMISSIONER SAUNDERS: Thank you.
A couple questions for Mr. Klatzkow. Under the existing PUD,
the sound has to be directed to the south. Are there provisions in our
codes or in that PUD that special permits that would be an exception
to that sound direction on a limited basis?
MR. KLATZKOW: If the Board wants to go this direction, my
recommendation would be to direct staff to come up with a PUD
amendment, and then on the zoning process, at that point in time we
could issue special-event permits.
CHAIRMAN HALL: I think if we -- I agree with
Commissioner McDaniel because rarely is he wrong.
COMMISSIONER McDANIEL: Once today. Once a couple
weeks ago.
COMMISSIONER SAUNDERS: That's where I'm going. I'm
going to listen to Mr. McDaniel and kind of follow his lead to make
sure I'm not wrong on these things as well.
But anyway, the point is that I don't want to see this opened up
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where there could be loud music that's directed to the north on a
regular basis, because I think there's some neighborhoods that would
be negatively impacted to a point where -- this was seriously
considered when this PUD was adopted.
On the other hand, it seems like if there's a process where a very
limited opportunity is there, that would be approved by a special
permit approved by the Board for a specific use, and that use would
be -- we'd have ordinances that limited the time, then I think that that
would be something that would be acceptable.
So, for example, on a very limited basis, a concert that starts at
6 p.m. or sometime earlier, or whatever the concertgoer wants, but
ends at 9 p.m., as an example, and can only be on a Saturday or a
Sunday -- or a Friday and a Sunday -- Friday, Saturday, Sunday,
those three days, I think something like that would be acceptable, but
it would have to be limited. And that's why I was asking the
question in terms of if there's already a provision for that. If not, I
think I could support coming back with an amendment to the PUD
for us to consider but something that would be very limited.
MR. FINN: If I may, Mr. Chair.
CHAIRMAN HALL: Sure.
MR. FINN: There is -- Mr. Moses made reference to working
with staff temporary-use permits. Temporary-use permits would
provide the flexibility the Board is seeking here in the short-term, and
that's a path that we were already anticipating going down. And if it
suits the Board at this time, give us an opportunity to explore that and
see how that works for us.
COMMISSIONER SAUNDERS: Wouldn't the temporary-use
permit, where the sound is directed other than to the south, be in
violation of our own PUD document?
MR. FINN: I'll let Mr. French speak to that. I'm going to say
that at a minimum we need temporary-use permits going forward.
May 28, 2024
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COMMISSIONER SAUNDERS: That's really a question for
Mr. Klatzkow.
MR. KLATZKOW: Again, if you want to eliminate all doubt,
amend the PUD. That eliminates the doubt. And in the interim,
you can issue special-event permits while staff is working on the
GMP amendment.
MR. FINN: The GMP amendment is going to take some time
to get through, so --
COMMISSIONER SAUNDERS: So, theoretically, we could
direct staff to prepare some amendments that would be very limited
in terms of special-use permits. But while that's occurring, we could
consider a special-use permit even though it's still in violation of our
PUD?
MR. KLATZKOW: Yes, sir. It's zoning in progress is the
concept.
COMMISSIONER SAUNDERS: I think that's a concept --
MR. FINN: I think we're going to find, sir, the permitting is an
administrative -- administrative permit.
COMMISSIONER SAUNDERS: Well, I think I'd want the
Board to approve those permits.
MR. FINN: Certainly.
COMMISSIONER SAUNDERS: But that's just something for
us to evaluate if this comes back.
But, Mr. Klatzkow, what staff is saying is that we could
approve -- and you seem to agree -- that we could approve a
special-use permit right now. If we direct staff to go through the
zoning change, we could open that up.
MR. KLATZKOW: Yes, sir.
COMMISSIONER SAUNDERS: I wouldn't have an issue with
that, I don't believe, as long as we keep it very limited.
MR. KLATZKOW: But I would have all the permits go to this
May 28, 2024
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board, not to be administratively handled.
CHAIRMAN HALL: Commissioner Kowal.
COMMISSIONER KOWAL: Thank you, Chairman.
Just kind of on that note, just to follow up, I don't -- I don't know
if I want to be responsible for every special permit in approving or
not approving, because then people will accuse us -- if we don't
approve one over the other, then they'll accuse us of being biased or
something like that. So I think leaving it to the staff and them
making that decision would, I think -- that's why we have a PARAB
board, too, for, like, our parks and recs, because it keeps it from us
exposing ourselves to voting up or down on a particular individual
over a different particular individual who wants to have an event. So
that's kind of my stance on that.
And, you know, you guys know I inherited the food truck park,
you guys know, in the Bayshore area, and, you know, that thing, on a
regular basis, you know, we get complaints from the community
around it because of bands playing on a Thursday and a Wednesday
and a Saturday and a Sunday. I mean, there's -- probably more
bands play there in a month than ever played at Paradise Sports park.
And there's a process, you know. Somebody has a complaint.
It goes to code. It cannot be anonymous because of state statute. It
has to be -- the complainant has to identify theirself because we have
an ordinance of a certain amount of decibels in this county that's
allowable and not allowed, and a code enforcement officer is invited
onto the property at the time the music is playing, and they make a
determination if it's in violation or not. I mean, that's the way it's
always been, and that's what we have had in place for many, many
years.
But it almost sounds like -- that if you're in District 3, you don't
have to worry about that. If you live to the north, since you
automatically get a blanket -- that no sound will be sent your way
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regardless, even if it's within our ordinance and below the decibels
that is allowed.
So I think we need to just really think about this. I'm with
Commissioner Hall on this, that I think this is -- I don't know. I
think we should just let the system work. Revisit this.
I like the special permitting, but I don't like us making that
decision up here on the dais. But I think we really should revisit this
PUD in the future and -- because it sounds like, once again, certain
districts are getting special treatment where other districts have to
deal with it on a daily basis. So I'm kind of in line with
Commissioner Hall on that, so thank you.
CHAIRMAN HALL: Commissioner McDaniel.
COMMISSIONER McDANIEL: Not to put words in your
mouth, but I think we're all saying the same thing.
I'm not opposed to amending the PUD. We can get away with a
special permit -- or special-event permits interimly while we're
amending the PUD and lifting the restriction and allowing staff to
make those determinations. We only have to interimly review the
requests that are coming forward while the -- because it's an arduous
process. It's six months minimum to amend the PUD. So we really
only have a six-month period within which that we would necessarily
be reviewing those special-event permits, and then we can allow staff
and/or our operator to make the proper decisions with regard to the
sound.
So I'm okay with it. I think Commissioner Saunders'
suggestion with regard to the special-event permits gives us that
latitude, controls the time, days of the week, so on and so forth, so
that it's less of an offense to the folks that live in proximity.
So I really think that that's the path we should travel, so I'll make
a motion in that regard.
CHAIRMAN HALL: Can you summarize that motion?
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COMMISSIONER LoCASTRO: Yeah.
COMMISSIONER McDANIEL: We're going to -- I make a
motion that we amend the PUD, and -- do you want to -- I do have a
question before we go forward. Do you want to go ahead and make
the acquisition of the 5,000 square feet of field protection for the
stadium now? Do you want to go ahead and do that?
CHAIRMAN HALL: Well, my thoughts are if we get the
flexibility to create a deal, and then when we get the booking, if the
booking requires us to purchase 5,000 or 3,200 or whatever, then we
can do that with that booking, and it's paid for, and nothing. We just
have to --
COMMISSIONER McDANIEL: Paid for over a period of
time. We won't get it all on the first shot but, like you said, four or
five events.
MR. FINN: Relative to the acquisition of that protective
equipment, I think you're exactly right, in the event we have an event
coming at us, we'll have an opportunity to make a business decision
whether to rent or buy at that point in time. That seems reasonable
to me. So relative to the special-use permit, the Board does have the
option to allow that to be handled completely by staff or bring it back
to the Board, I suppose, which we would do as a -- when we have a
group of events, we would bring those at one time and seek to get
those all approved up front.
COMMISSIONER McDANIEL: So in the event, interimly,
while we're amending the PUD, even though we may approve a
special event that's in conflict with the current PUD, it's a zoning in
process that we could be able to get through so we wouldn't be in
violation of our own PUD. So we could -- and we would only
be -- we would only be picking and choosing for that period of time
while we're doing the rezone.
We'll leave the -- I'll leave the motion -- out of my motion with
May 28, 2024
Page 72
regard to the acquisition of the field covering. We'll just allow that
to be an administrative business decision.
CHAIRMAN HALL: And then after the GMP amendment is
approved, then it would be an administrative decision on the special
permitting.
COMMISSIONER McDANIEL: Correct. Because within the
amendment to the PUD, we would put stipulations, special events,
times, locations, directions, so on and so forth. Is that a close
enough summary of my motion?
CHAIRMAN HALL: That's perfect. Clear as mud with me.
COMMISSIONER LoCASTRO: Sloppy, but perfect.
CHAIRMAN HALL: I'll second it.
Commissioner LoCastro.
COMMISSIONER LoCASTRO: Yeah. I just wanted to add
that I think we've got to just make sure that we're doing aggressive
marketing that the main stadium is available for main stadium events,
and I think, you know, the Paradise Coast Sports Complex has been
open long enough that I do believe there's a circle of people that have
communicated that it's not available because we don't allow heavy
equipment out there; we don't have the flooring; if you rent it, it's too
expensive; and this, that, or the other.
So if it looks like that we're going to be more open to the
possibilities, that's really got to be a big part of our marketing
because, like I said initially, we don't know what business we're
losing by people maybe thinking that the main stadium is where they
want to be, but it's not available because of some prior decisions
we've made saying, you know, "Renting the protection was too
expensive," or if you wanted to have an event you had to pay for it
fully on your own.
So I mean, I just offer that as an observation that I hope we're
aggressively marketing that everything is available for a price, but
May 28, 2024
Page 73
also, too, if we -- if we have enough events, we can -- we can slowly
chip away at that cost, and, you know, it would be something that
would be a smart business move to utilize more of the entire Paradise
Coast Sports Complex than I think what we're utilizing now.
MR. FINN: I'm certain Mr. Moses markets that the entire
complex is open for business, and I know that's the way he handles it.
COMMISSIONER LoCASTRO: Yeah. But what I'm saying
is I think people need to know that we're open to negotiating the
protection of the fields in some way, shape, or form. So like you
say, if the next customer comes to us and would like to use the
stadium, they need 4,000 square feet of protection, our answer
shouldn't be, "Well, you've got to get it on your own. We don't have
it," or anything like that; that we should have a more flexible
approach, so it sounds like we do -- we're about to.
MR. FINN: Yes, sir.
CHAIRMAN HALL: Very good.
All right. Motion's made and seconded. All in favor?
COMMISSIONER McDANIEL: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN HALL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER KOWAL: Aye.
CHAIRMAN HALL: All opposed?
(No response.)
MR. FINN: Thank you.
CHAIRMAN HALL: Good job.
Item #15A
PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE
CURRENT OR FUTURE AGENDA BY INDIVIDUALS NOT
May 28, 2024
Page 74
ALREADY HEARD DURING PREVIOUS PUBLIC COMMENTS
IN THIS MEETING
MS. PATTERSON: Commissioners, that brings us to Item 15,
staff and commission general communications.
Item 15A is public comments on general topics not on the
current or future agenda by individuals not already heard during
previous public comments in this meeting.
MR. EBLE: We have no registered speakers.
MS. PATTERSON: All right. Thank you.
Item #15C
STAFF AND COMMISSIONER GENERAL COMMUNICATIONS
MS. PATTERSON: That brings us to Item 15C, staff and
commissioner general communications.
I have nothing. Well, I will mention that we are working with
both of the CRA advisory boards to do as you-all suggested and
schedule our workshop for one of our summer meetings either in the
morning or the afternoon, depending on --
COMMISSIONER McDANIEL: And that was one time where
Commissioner McDaniel was correct.
CHAIRMAN HALL: So let it be.
COMMISSIONER McDANIEL: So let it be.
MS. PATTERSON: Other than that, County Attorney?
MR. KLATZKOW: Nothing. Thank you.
MS. PATTERSON: Commissioners?
CHAIRMAN HALL: Commissioner McDaniel.
COMMISSIONER McDANIEL: I have no further comment.
CHAIRMAN HALL: Commissioner LoCastro.
May 28, 2024
Page 75
COMMISSIONER LoCASTRO: Just very quickly I wanted to
give you just a quick overview of my last TDC meeting. I guess in
short, I will just say I reiterated our desires that we get better bang for
our buck, and Jay, who's our new director, he heard us, me, all of us
loud and clear. And so we went through painstaking detail of
examples like, you know, is sending X number of dollars to Ireland
bringing us enough Irish people? If we did nothing, would we still
get the same amount?
So, you know, I won't bore you with the details, but it was a
very fruitful meeting. I think everybody got the message, and the
message was, we're not trying to trim anybody's budget. We're
trying to just move money around and maybe that there's
opportunities that we're missing, that it's not just business as usual
and we send the same $110,000 to the same four German magazines.
And so it was a really great meeting.
And I would just say, you know, we all sit on different boards.
Just as a reminder, if there's something that comes out of, you know,
any of your committees, this is the time to sort of give us, you know,
a quick narrative of how things are going and the different
committees that we all chair.
But I liked -- you would like the conversation that we had at the
last TDC meeting. And there's a bunch of homework assignments
that they owe us back, but it was with understood direction from the
five of us from conversations that we had had. So I wanted to just
say that.
I wanted to thank Jamie French for -- and his team. This
weekend I had a few issues and some things I wanted looked at on
Isles of Capri. And you know, while he was at DAS petting dogs
and cleaning kennels and all that, simultaneously, apparently, he was
also out on Isles of Capri, and we had Code Enforcement people out
there because I had some concerns about some things that might have
May 28, 2024
Page 76
been happening on a Sunday. So, Jamie, thank you and also just for
the feedback, you know, getting instantaneous communication from
you telling me yay or nay and then all the things that were happening,
and I was getting the same thing from Tom in Code Enforcement.
So I really am appreciative of that, staying on top of that.
And then, lastly, I'll just say I hope it didn't go unnoticed, we
had a shortfall today of something, you know, that was extremely
critical, and it was Terri shucking her duties on brownies and coffee
cake. I mean, did you notice in the back? I mean -- and, Terri, you
had a long weekend. It was Memorial -- I mean, how hard was this?
So, you know, I'll just say -- we'll give her a pass? This one-time
motion.
COMMISSIONER McDANIEL: Just one.
COMMISSIONER LoCASTRO: Just one pass. But, I mean,
you know, for us to keep up our energy, we count on this. There's a
sign back there that says "coffee cake and brownies." Nothing.
Nothing.
So you-all noticed that, right? I just want to make sure we all
took notice of that. Okay.
CHAIRMAN HALL: It will be interesting to see what the
minutes reflect.
COMMISSIONER LoCASTRO: Oh, yeah. Well, I wanted it
on the record because if we ever need a read back to say, "Has she
ever been at fault?" we can read back and say, you know, there was
one time.
COMMISSIONER McDANIEL: We got one.
COMMISSIONER LoCASTRO: We got one. We got one.
But that's all. But thank you to the staff. It was a busy
weekend out in Collier County. Like we always say, there's a lot of
behind-the-scenes stuff happening, and very appreciative to all the
staff did this weekend over the long weekend, you know, making
May 28, 2024
Page 77
sure our beaches and parks and everything were all good to go.
Thank you.
CHAIRMAN HALL: Commissioner Saunders.
COMMISSIONER SAUNDERS: Thank you. Just one quick
thing. I had a meeting with Dr. Yilmaz on Monday -- or, rather, on
Friday, and he presented a document that was titled "Data Voice
Outage Management System," and I wanted to just congratulate and
thank Dr. Yilmaz. And I don't know who other -- what other staff
people may have been involved in this particular document.
But it sounds great. I know it should eliminate a lot of the
problems that we've had with the water outage and people not
knowing exactly what homes are affected. So this was quite an
accomplishment. I just want to thank Dr. Yilmaz and all the other
folks that may have been involved in putting this together.
CHAIRMAN HALL: Commissioner Kowal.
COMMISSIONER KOWAL: Thank you, Chairman.
I actually have some things to say today. I don't typically. I
usually like to get out of here, especially on a short day. But I want
to make sure the citizens get their money's worth out of us, so we're
going to stay a little longer.
One thing I -- I just wanted a question -- I don't know if maybe
staff can help. I haven't really been hearing a lot of what's going on
with the Collier County Sheriff's Office forensics building and
what -- where we're at or what's going on. Or is there
anything -- like, can somebody shed some light on that?
MR. FINN: If I could, Mr. Chair, Edward Finn, Deputy County
Manager. That project went back out to bid two weeks ago, I
believe. So it will probably be a 60-day cycle before it comes back
to us. We're prepared to move forward with that as soon as we have
a bid that will work for us. That item had gone out to bid one other
time. There was a single bidder. It was substantially over the
May 28, 2024
Page 78
engineer's estimated cost. So we went back out to bid to see if we
could generate a little more interest in the project and ensure that
we're getting good value for the bid price.
COMMISSIONER KOWAL: Okay. Yeah, because I just
don't want to see us keep, you know, kicking the can down the road
and to the point where construction costs and everything -- you know
how everything's going right now in this world, that everything just
keeps getting more expensive and more expensive. So, you know, I
don't want to time ourselves out to the point where it's too expensive
to build --
MR. FINN: Yes, sir.
COMMISSIONER KOWAL: -- especially for what we have,
you know, there to use.
MR. FINN: Your point is -- your point is well made. You're
absolutely right.
COMMISSIONER KOWAL: Secondly, you know -- are you
aware there's a new CRA director?
COMMISSIONER McDANIEL: Yes.
COMMISSIONER KOWAL: Okay. I met him at a ribbon
cutting the other day. I didn't even realize we found somebody.
COMMISSIONER McDANIEL: We really like him.
COMMISSIONER KOWAL: All right. So I like him, too.
COMMISSIONER McDANIEL: Royal we.
COMMISSIONER KOWAL: All right. But listen, I know I
was kind of harsh with the sports park thing, but, you know, myself
and Commissioner Hall went around -- and I don't think
Commissioner LoCastro was here when, you know, that project
kicked off, and I think we're probably at about $170 million into it. I
just want to make it work. I just want to see it work. I don't want to
handcuff it over, you know, things that it may be or may not. I
mean, we're talking about sound, but have we ever actually went out
May 28, 2024
Page 79
and tested the sound to the north? Has it reached the decibel level
that's unacceptable per our ordinance in Collier County? You know,
I mean, I'm just saying these type of things that -- you know, we're
basing -- we're handcuffing ourselves on what to do with the park on
things that I don't know if we even really know if there's a problem.
So, you know, I just want to see it be successful. I made a
promise to my constituents that -- and that was a big price tag, but I
want to make sure it's successful in every way and we work to make
it successful, because I think they're owed that.
So I don't want to, you know, keep harping. You know, the
loud minority sometimes in our government rules our silent majority,
you know -- so you may have heard that before. But I just wanted to
get that across, so...
COMMISSIONER LoCASTRO: I just want to add that I think
when we're all saying "success," I want to see it being used, you
know. And, you know, everything can't be a cash cow. It also can't
be a sucking chest wound. We can't spend 100,000 to make 11,000.
Every time -- although sometimes we do -- we do that once, you
know, in a while, but it is so underutilize- -- I mean, you know, what
I'd asked you, Commissioner Kowal, Celebration Park, which way
does the music go? Is there an ordinance that says band -- you
know, I know that the band's in five different locations depending on
when you go there.
So, you know, I couldn't agree with you more that we have other
places. I think you said it seems like in different districts we sort of
have different things. And I really think you bring up a good point,
because music's being played at lots of places. Yeah, maybe it's not
Air Supply at Celebration Park, but, boy, to the neighbors that live
next to it, they feel like it is.
But I just think that we are utilizing that sports complex and
being able to aggressively -- it's going to be great to see the soccer
May 28, 2024
Page 80
team come there. But, you know, to your point, I think we might be
overexaggerating a problem that might not exist. And getting a
complaint from three people may -- doesn't necessarily mean there's a
problem. I mean, look at the Naples Airport. I mean, I'm not sure
we're moving it tomorrow because three people or 30 or 50, or
whatever the number is -- I mean, it needs analysis.
COMMISSIONER McDANIEL: We are not moving it
tomorrow.
COMMISSIONER LoCASTRO: Yeah, I know, or maybe ever.
But, you know, do you want to expand on that? Should we at
some point -- or maybe it's the next meeting. I don't want to belabor
this one. But maybe more analysis. It seems like, you know, we're
stating things as fact as far as decibels and direction and everything,
but we might be accepting something we think's a problem that
actually might not be. And so -- and it may mean that we're
underutilizing the sports complex based on rules that are -- that are
actually not -- would not be causing a problem if we -- if we examine
them a little bit closer, so...
COMMISSIONER McDANIEL: We did that with the motion.
CHAIRMAN HALL: I think it did that.
COMMISSIONER McDANIEL: We're lifting the restrictions,
we're amending the PUD, we're putting special events in. We're
letting the world know that we're open for business.
COMMISSIONER LoCASTRO: Okay. I look forward to the
success, like Commissioner Kowal said, yeah, and the usage.
CHAIRMAN HALL: So I just -- you know, since WINK News
blessed us with a horrible story on Sun-N-Fun, we've seen a lot of
public comment on social media. They think it's our fault. And so I
just want to put it on record to the public that Sun-N-Fun has been
neglected over the years in a horrible fashion. It may look well.
So as the County Manager put it Friday, she said, "Sun-N-Fun's
May 28, 2024
Page 81
had a facelift, but it has no heartbeat," and that was a really good
analogy.
So with -- you know, with the decisions that we have going
forward, we're going to be looking at some things to get Sun-N-Fun
operational and to get it operational for years, whether we operate it
or whether we don't.
But to the public that thinks it's all of our fault right here sitting
on the dais because Sun-N-Fun closed for the summer, that's simply
not the case. It's something that we inherited, and you need to know
that we're going to do our best to get that situation resolved. So be
patient with us and be nice, and we'll get it done.
COMMISSIONER McDANIEL: You don't have to be nice.
CHAIRMAN HALL: And with that, it's taco Tuesday. We're
adjourned.
*****
****Commissioner Saunders moved, seconded by Commissioner
LoCastro and carried that the following items under the consent and
summary agendas be approved and/or adopted****
Item #16A1
FINAL ACCEPTANCE OF THE POTABLE WATER AND SEWER
UTILITY FACILITIES FOR DESTINY CHURCH OF NAPLES
PHASE 2, PL20230014695. (DISTRICT 3) – FINAL INSPECTION
BY STAFF FOUND THESE FACILITIES TO BE SATISFACTORY
AND ACCEPTABLE ON MARCH 13, 2024
Item #16A2
May 28, 2024
Page 82
FINAL ACCEPTANCE OF THE POTABLE WATER AND SEWER
UTILITY FACILITIES AND ACCEPT THE CONVEYANCE OF
THE POTABLE WATER AND SEWER UTILITY FACILITIES
AND APPURTENANT UTILITY EASEMENT FOR ESPLANADE
BY THE ISLANDS AMENITY CAMPUS, PL20230008063.
(DISTRICT 1) – FINAL INSPECTION BY STAFF FOUND THESE
FACILITIES TO BE SATISFACTORY AND ACCEPTABLE ON
DECEMBER 6, 2023
Item #16A3
FINAL ACCEPTANCE AND ACCEPT THE CONVEYANCE OF
THE POTABLE WATER AND SEWER UTILITY FACILITIES
FOR JUNIPER POINTE, PL20230013503. (District 1) – FINAL
INSPECTION BY STAFF FOUND THESE FACILITIES TO BE
SATISFACTORY AND ACCEPTABLE ON JANUARY 26, 2024
Item #16A4
FINAL ACCEPTANCE AND ACCEPT THE CONVEYANCE OF
THE POTABLE WATER AND SEWER UTILITY FACILITIES
FOR PALISADES (CNST), PL20230011563. (DISTRICT 2) –
FINAL INSPECTION BY STAFF FOUND THESE FACILITIES TO
BE SATISFACTORY AND ACCEPTABLE ON OCTOBER 19, 2023
Item #16A5
FINAL ACCEPTANCE AND ACCEPT THE CONVEYANCE OF
THE POTABLE WATER AND SEWER UTILITY FACILITIES
FOR PALISADES (PPL), PL20230007000. (DISTRICT 2) – FINAL
INSPECTION BY STAFF FOUND THESE FACILITIES TO BE
May 28, 2024
Page 83
SATISFACTORY AND ACCEPTABLE ON JANUARY 5, 2024
Item #16A6
RECORDING THE MINOR FINAL PLAT OF MOORINGS PARK
GRANDE LAKE - REPLAT, (APPLICATION NUMBER
PL20230000101) APPROVAL OF THE STANDARD FORM
CONSTRUCTION AND MAINTENANCE AGREEMENT, AND
APPROVAL OF THE PERFORMANCE SECURITY IN THE
AMOUNT OF $241,698.63. (DISTRICT 4) - LOCATED IN
SECTION 25, TOWNSHIP 49 SOUTH, RANGE 25 EAST
Item #16A7
RECORDING THE FINAL PLAT OF ORANGE BLOSSOM
RANCH OUTPARCELS, APPROVAL OF THE STANDARD
FORM CONSTRUCTION AND MAINTENANCE AGREEMENT,
AND APPROVAL OF THE PERFORMANCE SECURITY IN THE
AMOUNT OF $1,349,799.22. (PL20220004173) (DISTRICT 5) –
LOCATED IN SECTION 13, TOWNSHIP 48 SOUTH, RANGE 27
EAST
Item #16A8
RECORDING THE FINAL PLAT OF STAR FARMS OF NAPLES –
PLAT ONE (APPLICATION NUMBER PL20220001110),
APPROVAL OF THE STANDARD FORM CONSTRUCTION AND
MAINTENANCE AGREEMENT, AND APPROVAL OF THE
PERFORMANCE SECURITY IN THE AMOUNT OF
$13,853,419.69. (DISTRICT 5) – LOCATED IN SECTION 23,
TOWNSHIP 48 SOUTH, RANGE 28 EAST
May 28, 2024
Page 84
Item #16A9
RECORDING THE FINAL PLAT OF SUMMERLIT, APPROVAL
OF THE STANDARD FORM CONSTRUCTION AND
MAINTENANCE AGREEMENT, AND APPROVAL OF THE
PERFORMANCE SECURITY IN THE AMOUNT OF
$3,742,970.09. (APPLICATION NUMBER PL20230013260).
(DISTRICT 1) – LOCATED IN SECTION 10 & 11, TOWNSHIP 51
SOUTH, RANGE 26 EAST
Item #16A10
THE CLERK OF COURTS TO RELEASE A PERFORMANCE
BOND IN THE AMOUNT OF $339,580, WHICH WAS POSTED
AS A GUARANTY FOR EXCAVATION PERMIT NUMBER
PL20230011721 FOR WORK ASSOCIATED WITH ESPLANADE
BY THE ISLANDS - PHASE 1 - LAKE 27. (DISTRICT 1) –
LOCATED IN SECTION 10 & 11, TOWNSHIP 51 SOUTH,
RANGE 26 EAST
Item #16A11
DISCONTINUE THE DEFERRAL OF PERMITTING FEES
RELATED TO PERMITS SUBMITTED FOR HURRICANE IAN
DAMAGE. (ALL DISTRICTS) DUE A DECREASE OF
HURRICANE IAN-RELATED PERMITTING APPLICATION
Item #16A12
THE COUNTY ATTORNEY TO INITIATE FORECLOSURE
May 28, 2024
Page 85
PROCEEDINGS PURSUANT TO SECTION 162.09, FLORIDA
STATUTES, IN RELATION TO $597,067.25 IN ACCRUING CODE
ENFORCEMENT LIENS FOR ONGOING VIOLATIONS AT 1790
40TH TER SW, NAPLES, FLORIDA 34116, ARISING FROM THE
OFFICE OF THE SPECIAL MAGISTRATE ENTITLED BOARD
OF COUNTY COMMISSIONERS, COLLIER COUNTY,
FLORIDA, VS. S & O LLC. (DISTRICT 3) – AS DETAILED IN
THE EXECUTIVE SUMMARY
Item #16A13
THE RELEASE OF FIVE (5) CODE ENFORCEMENT LIENS
WITH AN ACCRUED VALUE OF $1,145,600 FOR A REDUCED
PAYMENT OF $2,027.30 IN CODE ENFORCEMENT ACTIONS
TITLED BOARD OF COUNTY COMMISSIONERS (BCC) VS.
LORRAINE BURGESS AND LINDELL MCFADDEN CASE NO.
2002080878 CEB 2003-016, AND BCC VS. MELISSA NICOLE
WILLIAMS CASE NOS. CEPM20160015272, CENA20160015273,
AND CEV20160015274 RELATING TO 246 SINGLETARY,
FOLIO 01134800201, COLLIER COUNTY, FLORIDA. (DISTRICT
1) – AS DETAILED IN THE EXECUTIVE SUMMARY
Item #16A14
AN AMENDED AND RESTATED INTERLOCAL AGREEMENT
WITH NORTH COLLIER FIRE CONTROL AND RESCUE
DISTRICT REPLACING THE 2003 FIRE DISTRICT
AGREEMENT CONCERNING THE COLLECTION AND
DISBURSEMENT OF FIRE PLAN REVIEW AND INSPECTION
FEES, AS IT RELATES TO A NEW UNIFIED FIRE FEE
SCHEDULE EFFECTIVE JANUARY 1, 2024. (DISTRICT 2,
May 28, 2024
Page 86
DISTRICT 3, DISTRICT 4, DISTRICT 5) – ESTABLISHIG
CONSISTENT FIRE FEES THAT WILL BE UTILIZED BY ALL
FIRE DISTRICTS COLLECTIVELY
Item #16A15
AN INTERLOCAL AGREEMENT, REPLACING THE 2003 FIRE
DISTRICT AGREEMENT WITH IMMOKALEE FIRE CONTROL
DISTRICT CONCERNING THE COLLECTION AND
DISBURSEMENT OF FIRE PLAN REVIEW AND INSPECTION
FEES AS IT RELATES TO A NEW UNIFIED FIRE FEE
SCHEDULE EFFECTIVE JANUARY 1, 2024. (DISTRICT 5) –
ESTABLISHIG CONSISTENT FIRE FEES THAT WILL BE
UTILIZED BY ALL FIRE DISTRICTS
Item #16A16
AN AMENDED AND RESTATED AGREEMENT WITH
GREATER NAPLES FIRE CONTROL AND RESCUE DISTRICT,
AMENDING ALL PRIOR AGREEMENTS, CONCERNING THE
COLLECTION AND DISBURSEMENT OF FIRE PLAN REVIEW
AND INSPECTION FEES, AS IT RELATES TO A NEW UNIFIED
FIRE FEE SCHEDULE EFFECTIVE JANUARY 1, 2024.
(DISTRICT 1, DISTRICT 3, DISTRICT 4, DISTRICT 5) –
ESTABLISHIG CONSISTENT FIRE FEES THAT WILL BE
UTILIZED BY ALL FIRE DISTRICTS COLLECTIVELY
Item #16A17
BOARD OF COUNTY COMMISSIONERS DETERMINE A VALID
PUBLIC PURPOSE AND AUTHORIZE PAYMENT, NOT TO
May 28, 2024
Page 87
EXCEED $3,750, FOR COLLIER COUNTY PLANNING
COMMISSIONER JOSEPH SCHMITT, TO ATTEND THE
FLORIDA CHAMBER OF COMMERCE 38TH-41ST ANNUAL
ENVIRONMENTAL PERMITTING SUMMER SCHOOL, AN
ANNUAL ENVIRONMENTAL PERMITTING SEMINAR FOR
THE DATES OF JULY 2024- JULY 2027. (ALL DISTRICTS)
Item #16B1
A TERMINATION & SUBORDINATION OF EASEMENT
INTEREST FOR PARCEL 194FEE REQUIRED FOR THE BIG
CYPRESS PARKWAY. ESTIMATED FISCAL IMPACT: NONE.
(DISTRICT 5) – AN ACCESS EASEMENT ENCUMBERING THE
RIGHT-OF -WAY
Item #16B2
AWARD INVITATION TO BID (“ITB”) NO. 23-8197
“LANDSCAPE MAINTENANCE FOR WORK AREAS 2, 7, 9, 14,
AND 15 TO SUPERIOR LANDSCAPING & LAWN SERVICE,
INC., AS THE PRIMARY VENDOR AND A&M PROPERTY
MAINTENANCE, LLC, AS THE SECONDARY VENDOR FOR
WORK AREA 2, AND AUTHORIZE THE CHAIRMAN TO SIGN
THE ATTACHED AGREEMENTS. (ALL DISTRICTS)
Item #16B3
AWARD INVITATION TO BID ("ITB") NO. 24-8203, “DAVIS
BLVD (SR84) SANTA BARBARA BLVD TO COLLIER BLVD
LANDSCAPE & IRRIGATION INSTALLATIONS," TO
HANNULA LANDSCAPING AND IRRIGATION, INC.,
May 28, 2024
Page 88
TOTALING $1,448,195.59, AUTHORIZE THE CHAIRMAN TO
SIGN THE ATTACHED AGREEMENT, AND APPROVE THE
NECESSARY BUDGET AMENDMENTS. (ALL DISTRICTS)
Item #16B4
AN AGREEMENT FOR THE PURCHASE OF A DRAINAGE
EASEMENT (PARCEL 152DE) REQUIRED FOR THE WEST
GOODLETTE-FRANK ROAD AREA STORMWATER
IMPROVEMENT PROJECT PHASE 2 (PROJECT NO. 60142).
ESTIMATED FISCAL IMPACT: $15,500. (DISTRICT 4) –
UPGRADING THEPOTABLE WATER INFRASTRUCTURE IN
THE AREA AND PROVIDE STORMWATER DRAINAGE
IMPROVEMENTS
Item #16B5
AN AGREEMENT FOR THE PURCHASE OF A DRAINAGE
EASEMENT (PARCEL 141DE) REQUIRED FOR THE WEST
GOODLETTE-FRANK ROAD AREA STORMWATER
IMPROVEMENT PROJECT PHASE 2 (PROJECT NO. 60142)
(ESTIMATED FISCAL IMPACT: $14,702) (DISTRICT 4) – FOLIO
#61945040009
Item #16B6
AN AGREEMENT FOR THE PURCHASE OF 5.83 ACRES OF
UNIMPROVED LAND (PARCEL 113FEE) REQUIRED FOR THE
REPLACEMENT OF THE GG5 WATER CONTROL STRUCTURE
AND AUTHORIZE NECESSARY BUDGET AMENDMENT
(PROJECT NO. 50180) - ESTIMATED FISCAL IMPACT:
May 28, 2024
Page 89
$640,400. (DISTRICT 3, DISTRICT 5) – FOLIO #37870640003
AND #37870641002
Item #16B7
RESOLUTION 2024-93: THE CHAIRMAN TO EXECUTE A
LOCAL AGENCY PROGRAM (LAP) CONSTRUCTION
AGREEMENT WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT) REIMBURSING THE COUNTY UP
TO $2,100,000 TO WIDEN TRAVEL LANES AND CONSTRUCT
2' PAVED SHOULDERS ON CORKSCREW ROAD FROM THE
LEE COUNTY CURVE TO THE COLLIER COUNTY CURVE;
EXECUTE A RESOLUTION MEMORIALIZING THE BOARD’S
ACTION; AND AUTHORIZE THE NECESSARY BUDGET
AMENDMENTS, FPN 446323-2-58-01(FUND 1841, PROJECT
#60233) (DISTRICT 5)
Item #16B8
RESOLUTION 2024-94: A COUNTY INCENTIVE GRANT
PROGRAM (CIGP) STATE-FUNDED AGREEMENT WITH THE
FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT)
REIMBURSING THE COUNTY UP TO $1,600,000 FOR
CONSTRUCTION SERVICES TO WIDEN COLLIER
BOULEVARD FROM CITY GATE BOULEVARD NORTH TO
GREEN BOULEVARD; EXECUTE A RESOLUTION
MEMORIALIZING THE BOARD’S ACTION; AND AUTHORIZE
THE NECESSARY BUDGET AMENDMENT, FPN 446412-1-54-
01, (FUNDS 1841 AND 1842, PROJECT #68056) (DISTRICT 3)
Item #16B9
May 28, 2024
Page 90
THE SELECTION COMMITTEE’S RANKING AND AUTHORIZE
STAFF TO BEGIN CONTRACT NEGOTIATIONS WITH TETRA
TECH, INC., RELATED TO REQUEST FOR PROFESSIONAL
SERVICES NO. 23-8191 FOR “CEI AND PEER REVIEW
SERVICES FOR GOODLETTE FRANK RD WIDENING”
(PROJECT NO. 60259) (DISTRICT 2)
Item #16B10
THE REGIONAL SERVICE AND REGIONAL FARE STUDY FOR
COLLIER AREA TRANSIT. (ALL DISTRICTS) – TO IMPROVE
CROSS-COUNTY TRAVEL IN COLLIER AND LEE COUNTY
Item #16B11
TWO 2024 NATIONAL HIGHWAY FREIGHT PROGRAM (NHFP)
GRANT APPLICATIONS WITH THE FLORIDA DEPARTMENT
OF TRANSPORTATION (FDOT) TO PROVIDE FUNDING TO
SUPPLEMENT THE FDOT CONSTRUCTION PHASE OF THE I-
75 AT IMMOKALEE ROAD INTERCHANGE AND THE RIGHT-
OF-WAY PHASE OF OLD US41 FROM US 41 TO BONITA
BEACH ROAD (ALL DISTRICTS)
Item #16B12
AWARD CONSTRUCTION INVITATION TO BID (“ITB”)
NO. 24-8209, “IMMOKALEE ROAD AT CATAWBA STREET
MEDIAN IMPROVEMENTS,” TO COASTAL CONCRETE
PRODUCTS, LLC, D/B/A COASTAL SITE DEVELOPMENT, IN
THE AMOUNT OF $541,519.00, AND PROVIDE FOR AN
May 28, 2024
Page 91
OWNER’S ALLOWANCE OF $50,000 FOR POTENTIAL
UNFORESEEN CONDITIONS AND AUTHORIZE THE
CHAIRMAN TO SIGN THE ATTACHED AGREEMENT
(DISTRICT 3)
Item #16B13
THE COLLIER METROPOLITAN PLANNING
ORGANIZATION’S ANNUAL OPERATING BUDGET FOR FY
2024/25 AND AUTHORIZE THE NECESSARY BUDGET
AMENDMENT IN THE AMOUNT OF $1,473,476, EFFECTIVE
JULY 1, 2024. (FUND 1841, PROJECT #33908) (ALL DISTRICTS)
Item #16B14
RECOGNIZING FY 2024/25 TRANSPORTATION
DISADVANTAGED PLANNING GRANT FUNDING IN THE
AMOUNT OF $30,780 TO THE COLLIER METROPOLITAN
PLANNING ORGANIZATION FROM THE COMMISSION FOR
THE TRANSPORTATION DISADVANTAGED AND TO
AUTHORIZE THE NECESSARY BUDGET AMENDMENT
(FUND 1841, PROJECT #33909) (ALL DISTRICTS)
Item #16B15
RESOLUTION 2024-95: THE CHAIRMAN TO SIGN A
SUPPLEMENTAL AGREEMENT TO THE STATE-FUNDED
GRANT AGREEMENT WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT) TO INCREASE THE GRANT
AWARD FROM $818,622 TO $918,622 TO CONSTRUCT 5’
PAVED SHOULDERS AND WIDEN TRAVEL LANES FROM 10’
May 28, 2024
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TO 12’ ON IMMOKALEE ROAD (CR 846) EAST OF SR 29
(MAIN STREET) TO EAST OF TRADEPORT PARKWAY; TO
APPROVE A RESOLUTION AUTHORIZING THE CHAIRMAN
TO EXECUTE THE AGREEMENT ON BEHALF OF THE
BOARD; AND TO AUTHORIZE THE NECESSARY BUDGET
AMENDMENT (FPN 449668-1-54-01) (FUND 1841, PROJECT
#60253) (DISTRICT 5)
Item #16B16
THE CHAIRMAN’S EXECUTION OF THE ATTACHED
ENGINEERING DEPOSIT ACKNOWLEDGEMENT LETTER
WITH FLORIDA POWER AND LIGHT (“FPL”) TO ENGAGE
FPL’S PROFESSIONAL ENGINEERING DESIGN SERVICES
RELATED TO THE PROPOSED RELOCATION OF
TRANSMISSION FACILITIES ASSOCIATED WITH THE PINE
RIDGE ROAD CORRIDOR IMPROVEMENTS PROJECT AND
AUTHORIZE PAYMENT TO FPL IN THE AMOUNT OF $428,720
UPON THE RECEIPT OF FPL’S INVOICE (PROJECT #60201)
(DISTRICT 3, DISTRICT 4)
Item #16C1
RATIFY ADMINISTRATIVELY APPROVED CHANGE
ORDER NO. 1, PROVIDING FOR A TIME EXTENSION OF 30
DAYS UNDER CONSTRUCTION AGREEMENT NO. 23-8064,
WITH ADVANCED ROOFING, INC., FOR THE “NORTH
COUNTY REGIONAL WATER TREATMENT PLANT ROOF
IMPROVEMENTS” PROJECT, AND AUTHORIZE THE
CHAIRMAN TO SIGN THE ATTACHED CHANGE ORDER
(PROJECT NO. 70118) (DISTRICT 5)
May 28, 2024
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Item #16C2
BUDGET AMENDMENT TO REALLOCATE FUNDING WITHIN
CWS BOND #2 PROCEEDS FUND (4019) TO FUND THE
“NORTHEAST WATER RECLAMATION FACILITY AND WATER
TREATMENT PLANT DEEP INJECTION WELLS” PROJECT IN
THE AMOUNT OF $15,894,500 (ALL DISTRICTS)
Item #16D1
THE (BOARD) TO RATIFY SIX (6) COUNTY MANAGER
EXECUTED SUBRECIPIENT AMENDMENTS UNDER THE
STATE AND LOCAL FISCAL RECOVERY FUND GRANT TO
EXPEDITE EXPENSE REIMBURSEMENT PAYMENTS TO
ELIGIBLE PARTIES (HOUSING GRANT FUND 1835) (ALL
DISTRICTS)
Item #16D2
BUDGET AMENDMENTS TO REFLECT THE ESTIMATED
FUNDING FOR SFY24-25 COMMUNITY CARE FOR THE
ELDERLY, ALZHEIMER’S DISEASE INITIATIVE, AND HOME
CARE FOR THE ELDERLY PROGRAMS IN THE AMOUNT OF
$2,125,932; AND $23,021 IN ESTIMATED CO-PAYMENT
CONTRIBUTIONS. (HUMAN SERVICES GRANT FUND 1837)
(ALL DISTRICTS)
Item #16D3
AFTER-THE-FACT ELECTRONIC SUBMITTAL OF THE FISCAL
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YEAR 2025 AMERICORPS SEPTEMBER 11TH NATIONAL DAY
OF SERVICE AND REMEMBRANCE GRANT CONTINUATION
APPLICATION TO AMERICORPS IN THE AMOUNT OF
$207,514 ($6,300 IN KIND AND $4,653 CASH MATCH) AND
ALLOW THE COUNTY MANAGER OR HER DESIGNEE TO
SERVE AS THE AUTHORIZED REPRESENTATIVE FOR ALL
ADMINISTRATIVE REPORTING AND GRANT SUBMISSION
TO THE GRANTOR ELECTRONIC SUBMISSION SYSTEM,
EGRANTS, THROUGHOUT THE GRANT PERIOD (HUMAN
SERVICES GRANT FUND 1835 & HUMAN SERVICES GRANT
SUPPORT FUND 1806) (ALL DISTRICTS)
Item #16D4
RESOLUTION 2024-96: (1) THE SUBSTANTIAL
AMENDMENTS TO COLLIER COUNTY'S 5-YEAR
CONSOLIDATED PLANS FOR FY2016-2020 & FY2021-2025; (2)
THE SUBSTANTIAL AMENDMENTS TO COLLIER COUNTY’S
U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD) ANNUAL ACTION PLANS FOR
FY2016-2017, FY2021-2022, FY2022-2023, AND FY2023-2024;
TO ADDRESS ADDITIONAL FUNDING, REPROGRAMMING
OF FUNDS FROM PREVIOUS YEARS AND NEW ACTIVITIES
RELATED TO COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) (CDBG-CV), HOME INVESTMENT PARTNERSHIPS,
HOME TENANT BASED RENTAL ASSISTANCE, HOME
AMERICAN RESCUE PLAN, AND EMERGENCY SOLUTIONS
GRANT RAPID UNSHELTERED SURVIVOR HOUSING (RUSH)
PROGRAMS; (3) ACCEPT A SECOND ALLOCATION FROM
HUD IN THE AMOUNT OF $1,150,486 FOR EMERGENCY
SOLUTIONS GRANT RAPID UNSHELTERED SURVIVOR
May 28, 2024
Page 95
HOUSING (RUSH) PROGRAMS; (4) APPROVE AND EXECUTE
THE RESOLUTION; (5) AUTHORIZE THE NECESSARY
BUDGET AMENDMENTS; (6) AUTHORIZE THE CHAIRMAN
TO SIGN THE REQUIRED CERTIFICATIONS AND
ASSURANCES AND SF 424 APPLICATION FOR FEDERAL
ASSISTANCE FOR THE SECOND ALLOCATION FROM THE
RUSH PROGRAM, THE ASSOCIATED FUTURE SF 425’S AS
GRANTS CLOSEOUT, THE FEDERAL FUNDING AGREEMENT,
AND AUTHORIZE TRANSMITTAL TO HUD. (ALL DISTRICTS)
Item #16D5
EXPENDITURES THROUGH AN EXEMPTION FROM THE
COMPETITIVE PROCESS TO HUMANE SOCIETY OF COLLIER
COUNTY, INC., D/B/A HUMANE SOCIETY NAPLES, FOR UP
TO $200,000 AND APPROVE THE NECESSARY BUDGET
AMENDMENT (ALL DISTRICTS)
Item #16E1
MODIFICATIONS TO THE 2024 FISCAL YEAR PAY &
CLASSIFICATION PLAN WHICH CONSIST OF TWO NEW
CLASSIFICATIONS, ONE RECLASSIFICATION, AND
REMOVAL OF ONE OBSOLETE CLASSIFICATION FROM
JANUARY 1, 2024, THROUGH MARCH 31, 2024 (ALL
DISTRICTS)
Item #16E2
THE ADMINISTRATIVE REPORT PREPARED BY THE
PROCUREMENT SERVICES DIVISION FOR DISPOSAL OF
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Page 96
PROPERTY THAT IS NO LONGER VIABLE AND REMOVE
CAPITAL ASSETS FROM THE COUNTY’S RECORDS (ALL
DISTRICTS)
Item #16E3
THE BOARD, PURSUANT TO SECTION 274.06, FLORIDA
STATUTES, APPROVE THE SALE AND DISPOSAL OF
SURPLUS ASSETS VIA PUBLIC AUCTION ON JUNE 21 AND
22, 2024. (ALL DISTRICTS) – WITH AUCTIONEER, ROYAL
AUTION, INC. TO PROVED PREPARATION FOR THE EVENT,
SALE, AND DISPOSAL OF ITEMS
Item #16E4
THE CHAIRMAN TO EXECUTE THE UPDATED MASTER
AGREEMENT AS WELL AS AUTHORIZE AN INCREASE OF
ALLOWABLE EXPENDITURES UTILIZING NEOGOV
SOFTWARE PRODUCTS UNDER AGREEMENT NO. 10-5451-NS
FOR THE COUNTY’S TALENT ACQUISITION AND
ONBOARDING PROCESSES IN AN AMOUNT NOT TO
EXCEED $63,200 PER FISCAL YEAR. (ALL DISTRICTS)
Item #16F1
THE CHAIRMAN TO EXECUTE TWENTY-FOUR (24) DEED
CERTIFICATES FOR PURCHASED BURIAL RIGHTS AT LAKE
TRAFFORD MEMORIAL GARDENS CEMETERY AND
AUTHORIZE THE COUNTY MANAGER OR DESIGNEE TO
TAKE ALL ACTIONS NECESSARY TO RECORD THE DEED
CERTIFICATES WITH THE CLERK OF THE COURT’S
May 28, 2024
Page 97
RECORDING DEPARTMENT (DISTRICT 5)
Item #16F2
A FIRST AMENDMENT TO AGREEMENT NO. 23-8061R,
“HVAC MAINTENANCE AND REMEDIAL REPAIRS,” WITH B
& I CONTRACTORS, INC., TO INCREASE THE SINGLE
REPAIR PROJECT THRESHOLD OF THE AGREEMENT FROM
$50,000 TO $100,000 TO BETTER ALIGN WITH FACILITIES
MANAGEMENT DIVISION NEEDS (ALL DISTRICTS)
Item #16F3
AWAR D INVITATION TO BID (“ITB”) NO. 23-8192, SECURITY
ALARM MONITORING SERVICES, TO D.A. SYSTEMS, INC.,
D/B/A DEHART ALARM SYSTEMS, AND AUTHORIZE THE
CHAIRMAN TO SIGN THE ATTACHED AGREEMENT (ALL
DISTRICTS) – W/TERM OF THREE YEARS WITH TWO
ADDITIONAL ONE-YEAR AGREEMENT
Item #16F4
RESOLUTION 2024-97: 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)
May 28, 2024
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Item #16F5
AN AFTER-THE-FACT PAYMENT IN THE AMOUNT OF
$39,822.50 TO JUICE TECHNOLOGIES, INC. FOR THE
GOLDEN GATE LIBRARY CHILLER REPLACEMENT PROJECT
PROCURED UNDER AGREEMENT NO. 18-7313 HVAC
REPLACEMENT AND NEW INSTALLATIONS AND DEEM THIS
EXPENDITURE HAS A VALID PUBLIC PURPOSE (DISTRICT 3)
Item #16F6
RECOGNIZE AND APPROPRIATE REVENUE TO
FACILITIES MANAGEMENT DIVISION COST CENTERS IN
THE AMOUNT OF $406,665.78 FOR FISCAL YEAR 2024 AND
AUTHORIZE ALL NECESSARY BUDGET AMENDMENTS (ALL
DISTRICTS) – FOR THE MAINTENANCE, REPAIR, CAPITAL
REPLACEMENT, AND CONSTRUCTION OF COUNTY OWNED
AND OPERATED BUILDINGS THAT INCLUDES SOME
LEASED STRUCTURES
Item #16F7
AMENDMENTS TO ARTICLE 6 AND ARTICLE 12 OF THE
COLLECTIVE BARGAINING AGREEMENT BETWEEN THE
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
AND THE COLLIER EMS/FIRE BARGAINING UNIT,
SOUTHWEST FLORIDA PROFESSIONAL FIREFIGHTERS AND
PARAMEDICS, LOCAL 1826, DISTRICT 14, INTERNATIONAL
ASSOCIATION OF FIREFIGHTERS, INCORPORATED; AND
AUTHORIZE ANY NECESSARY BUDGET AMENDMENTS
(ALL DISTRICTS)
May 28, 2024
Page 99
Item #16F8
AWARD INVITATION FOR QUALIFICATION NO. 23-8123,
“HVAC REPLACEMENT AND INSTALLATION SERVICES,” TO
AMERESCO, INC., AND UNITED MECHANICAL, LLC, AND TO
AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED
AGREEMENTS (ALL DISTRICTS)
Item #16F9
COUNTY’S VERBAL AUTHORIZATION TO THE
CONSTRUCTION MANAGER TO UTILIZE A SUBSTITUTE
SUBCONTRACTOR AND TO PERFORM ALLOWANCE WORK
TO TIMELY ADVANCE THE PROJECT AT NO INCREASE IN
COST BY USING THE BOARD’S PREVIOUSLY APPROVED
FUNDING ALLOWANCE WITHIN THE AGREED
GUARANTEED MAXIMUM PRICE (“GMP”) UNDER
AGREEMENT NO. 21-7883-ST, THE CONSTRUCTION
MANAGEMENT AT RISK (“CMAR”) CONTRACT WITH O-A-
K/FLORIDA, INC. D/B/A OWEN-AMES-KIMBALL COMPANY,
FOR THE MAIN CAMPUS UPGRADES CONSTRUCTION
SERVICES (FUND (3018), PROJECT #50214) (DISTRICT 4)
Item #16F10
FIRST AMENDMENT TO AGREEMENT NO. 21-021-NS,
“MEDICAID REIMBURSEMENT PROGRAM (PEMT),” TO
PUBLIC CONSULTING GROUP, INC., AND CONTINUES
WAIVER EXPENDITURES MADE THROUGH THE FIRST
AMENDMENT OF THE AGREEMENT (ALL DISTRICTS)
May 28, 2024
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Item #16G1- Continued to June 11, 2024, BCC Meeting (Per Agenda
Change Sheet)
RECOMMENDATION THAT THE BOARD OF COUNTY
COMMISSIONERS, ACTING AS THE AIRPORT AUTHORITY,
AWARD SOLICITATION NO. 23-8080 “IMMOKALEE
REGIONAL AIRPORT HANGAR/COMMERCIAL
AERONAUTICAL DEVELOPMENT-PAR CELS A & E” AND
AUTHORIZE ITS CHAIRMAN TO EXECUTE THTE ATTAC HED
COLLIER COUNTY AIRPORT AUTHORITY STATDARD FORM
LONG-TERM GROUND LEASE AGREEMENT WITH QUALITY
ENTERPRISES USA, INC., FOR AERONAUTIC AL LAND USE
AT THE IMMOKALEE REGIONAL AIRPORT. (DISTRICT 5)
Item #16J1
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 $43,719,279.91 WERE DRAWN FOR THE
PERIODS BETWEEN MAY 2, 2024, AND MAY 15, 2024,
PURSUANT TO FLORIDA STATUTE 136.06 (ALL DISTRICTS)
Item #16J2
REQUEST THAT THE BOARD APPROVE AND DETERMINE
VALID PUBLIC PURPOSE FOR INVOICES PAYABLE AND
PURCHASING CARD TRANSACTIONS AS OF MAY 22, 2024
(ALL DISTRICTS)
May 28, 2024
Page 101
Item #16K1
RESOLUTION 2024-98: APPOINT BRAD HILDEBRANDT AS A
NON-VOTING MEMBER TO THE PELICAN BAY SERVICES
DIVISION BOARD (ALL DISTRICTS) – APPOINTING BRAD
HILDEBRANDT W/TERM EXPIRING ON MARCH 31, 2025
Item #17A – Continued to the June 11, 2024, BCC Meeting (Per
Agenda Change Sheet)
RECOMMENDATION TO ADOPT AN ORDINANCE AMENDING
THE COLLIER COUNTY GROWTH MANAGEMENT PLAN,
SPECIFICALLY AMENDING THE FUTURE LAND USE MAP TO
CHANGE THE LAND USE PLANNING PERIOD TO 2024-2050;
AND FURTHERMORE, DIRECTING TRANSMITTAL OF THE
ADOPTION AMENDMENT TO THE FLORIDA DEPARTMENT
OF COMMERCE. PL20220006512 - FUTURE LAND USE MAP
EXTENSION GMPA (ALL DISTRICTS)
Item #17B – Continued from the May 14, 2024, BCC Meeting
ORDINANCE 2024-24: AN ORDINANCE ESTABLISHING THE
COLLIER COUNTY ANIMAL ABUSER REGISTRY (ALL
DISTRICTS)
Item #17C
ORDINANCE 2024-25: AN ORDINANCE REPEALING AND
REPLACING ORDINANCE NO. 81-75, AS AMENDED, WHICH
ESTABLISHES UNIFORM STANDARDS FOR CERTIFICATION
May 28, 2024
Page 102
OF AMBULANCE OR ADVANCED LIFE SUPPORT SERVICES
(ALL DISTRICTS)
Item #17D
ORDINANCE 2024-26: AN ORDINANCE OF THE BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NO. 2013-33, AS AMENDED, THE
COLLIER COUNTY ANIMAL CONTROL ORDINANCE, AS IT
RELATES TO THE AUTHORITY OF THE DIRECTOR OF
DOMESTIC ANIMAL SERVICES, PROVIDING FOR INCLUSION
INTO THE CODE OF LAWS AND ORDINANCES, PROVIDING
FOR CONFLICT AND SEVERABILITY, AND PROVIDING FOR
AN EFFECTIVE DATE (ALL DISTRICTS)
*******
May 28, 2024
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 11 :32 a.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS CONTROL
4144
CHRIS H L, CHAIRMAN
ATTEST :F
CRYSTAL K:K1 f^ZEL, CLERK
b() t
f 2r
Att f\aiiman's
sig only
These minutes approved by the Board on ju iie.) 8, 2024 ,
as presented V 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 103