BCC Minutes 04/23/2024April 23, 2024
Page 1
TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida April 23, 2024
LET IT BE REMEMBERED that the Board of County
Commissioners, in and for the County of Collier, and also acting as
the Board of Zoning Appeals and as the governing board(s) of such
special districts as have been created according to law and having
conducted business herein, met on this date at 9:00 a.m., in
REGULAR SESSION in Building "F" of the Government Complex,
East Naples, Florida, with the following Board members present:
Chairman: Chris Hall
Rick LoCastro
Dan Kowal
William L. McDaniel, Jr.
Burt L. Saunders
ALSO PRESENT:
Amy Patterson, County Manager
Daniel Rodriguez, Deputy County Manager
Jeffrey A. Klatzkow, County Attorney
Crystal K. Kinzel, Clerk
Derek Johnssen, Clerk's Office
Troy Miller, Communications & Customer Relations
Page 1
April 23, 2024
COLLIER COUNTY
Board of County Commissioners
Community Redevelopment Agency Board (CRAB)
Airport Authority
AGENDA
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East, 3rd Floor
Naples, FL 34112
April 23, 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
Page 2
April 23, 2024
ALLEGIANCE.
ANYONE WISHING TO ADDRESS THE BOARD ON PUBLIC PETITION
MUST SUBMIT THE REQUEST IN WRITING TO THE COUNTY MANAGER
AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING. THE
REQUEST SHALL PROVIDE DETAILED INFORMATION AS TO THE
NATURE OF THE PETITION. THE PUBLIC PETITION MAY NOT INVOLVE
A MATTER ON A FUTURE BOARD AGENDA, AND MUST CONCERN A
MATTER IN WHICH THE BOARD CAN TAKE ACTION. PUBLIC
PETITIONS ARE LIMITED TO A SINGLE PRESENTER, WITH A MAXIMUM
TIME OF TEN MINUTES, UNLESS EXTENDED BY THE CHAIR. SHOULD
THE PETITION BE GRANTED, THE ITEM WILL BE PLACED ON A FUTURE
AGENDA FOR A PUBLIC HEARING.
ANYONE WISHING TO ADDRESS THE BOARD ON GENERAL TOPICS NOT
ON THIS AGENDA OR A FUTURE AGENDA MUST REGISTER TO SPEAK
PRIOR TO THE PUBLIC COMMENT PORTION OF THE AGENDA BEING
CALLED BY THE CHAIR. SPEAKERS WILL BE LIMITED TO THREE
MINUTES, AND NO ADDITIONAL MINUTES MAY BE CEDED TO THE
SPEAKER. AT THE CHAIR’S DISCRETION, THE NUMBER OF PUBLIC
SPEAKERS MAY BE LIMITED TO 5 FOR THAT MEETING.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD
WILL NEED A RECORD OF THE PROCEEDING PERTAINING THERETO,
AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
COLLIER COUNTY ORDINANCE NO. 2003-53 AS AMENDED BY
ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS
SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING
BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY
COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE
BOARD MINUTES AND RECORDS DEPARTMENT.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,
YOU ARE ENTITLED, AT NO COST TO YOU, THE PROVISION OF CERTAIN
ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES
Page 3
April 23, 2024
MANAGEMENT DIVISION LOCATED AT 3335 EAST TAMIAMI TRAIL,
SUITE 1, NAPLES, FLORIDA, 34112-5356, (239) 252-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN
THE FACILITIES MANAGEMENT DIVISION.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Invocation by Pastor Greg Ball, Destiny Church 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.)
B. April 9, 2024, BCC Minutes
C. March 26, 2024, BCC Minutes
3. AWARDS AND RECOGNITIONS
A. EMPLOYEE
1) 20 YEAR ATTENDEES
a) 20 Years Robert Bosch - Transportation Engineering
b) 20 Years Karla Nicol - Fleet Management
2) YEAR ATTENDEES
a) 25 Years David Faist – Wastewater
3) 30 YEAR ATTENDEES
4) 35 YEAR ATTENDEES
B. ADVISORY BOARD MEMBERS
C. RETIREES
Page 4
April 23, 2024
D. EMPLOYEE OF THE MONTH
4. PROCLAMATIONS
A. Proclamation designating May 2, 2024, as National Day of Prayer. To be
accepted by Pastor Grant Thigpen and other distinguished leaders of the
faith community.
B. Proclamation designating May 2024 as National Military Appreciation
Month. To be accepted by Lois A. Bolin and Betty Bailey.
C. Proclamation designating April 2024 as Everglades Dark Sky Month in
Collier County. To be accepted by Diana Umpierre with Night Sky
Conservancy of Florida and former Board President of DarkSky
International.
5. PRESENTATIONS
6. PUBLIC PETITIONS
7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT
OR FUTURE AGENDA
8. BOARD OF ZONING APPEALS
9. ADVERTISED PUBLIC HEARINGS
A. Recommendation to approve an Ordinance amending
Ordinance No. 89-05, as amended, the Collier County Growth
Management Plan for the unincorporated area of Collier County,
Florida, specifically amending the Rural Golden Gate Estates Sub-
Element of the Golden Gate Area Master Plan Element and Rural
Golden Gate Estates Future Land Use Map and Map Series to revise
the Mission Subdistrict of the Mixed Use District, to add 14 acres to
the Subdistrict; to change the name of the Subdistrict to Emmanuel
Lutheran Church Community Facilities and Services Subdistrict; to
allow additional uses including Colleges and Universities, Social
Service Uses, Government Uses, Medical Office, Physical Fitness
Facilities, and Recreational Facilities on property located on the south
Page 5
April 23, 2024
side of Oil Well Road approximately one quarter mile west of
Everglades Boulevard in Section 19, Township 48 South, Range 28
East. [PL20200002204] (Companion to Items 9B & 11A) (District 5)
B. This item requires that all participants be sworn in, and ex-parte
disclosure be provided by Commission members. Recommendation to
approve an Ordinance of the Board of County Commissioners of Collier
County, Florida, amending Ordinance Number 2011-23, the Emmanuel
Evangelical Lutheran Church of Naples, Inc., Community Facilities Planned
Unit Development, and amending Ordinance Number 2004-41, as amended,
the Collier County Land Development Code, by amending the appropriate
zoning atlas map or maps by changing the zoning classification of an
additional 14+/- acres from the Estates zoning district to Emmanuel
Lutheran Church Community Services Community Facilities Planned Unit
Development (CFPUD), to add principal uses including colleges and
universities, social service uses, government uses, medical offices, physical
fitness facilities and recreational facilities; to add accessory uses for
lodging/dormitory, retail sale of agricultural products, and mobile food
dispensing vehicles; to revise development standards, the legal description
and Master Plan for property located on the south side of Oil Well Road, in
Section 19, Township 48 South, Range 28 East, Collier County, Florida,
consisting of 35.92+/- acres; and by providing an effective date.
[PL20200002198] (Companion to Items 9A & 11A)
10. BOARD OF COUNTY COMMISSIONERS
A. That the Board consider adopting a Resolution calling for a legally valid
2024 general election. (All Districts)
B. This item to be heard at 1PM Recommendation to hear an update on the
State Veterans’ Nursing Home project from the Florida Department of
Veterans’ Affairs. (All Districts)
11. COUNTY MANAGER'S REPORT
A. Recommendation to approve a Potable Water and Wastewater Interim
Facilities/System Agreement between Emmanuel Evangelical Lutheran
Church of Naples, Inc., and the Board of County Commissioners of Collier
County, Florida, acting ex-officio as the Governing Board of the Collier
Page 6
April 23, 2024
County Water Sewer District, setting forth the terms and conditions for
providing potable water and wastewater services. (Companion to Items 9A
& 9B) (Joe Bellone, Public Utilities Finance Director) (District 5)
B. Recommendation to approve and authorize expenditures through an
exemption from the competitive process to Visit Florida for membership
fees and destination marketing programs up to $150,000, from April 2024
through September 2025, and to make a finding that these expenditures
promote tourism. (Jay Tusa, Director, Tourism) (All Districts)
C. Recommendation to direct the County Manager, or their designee, to make
pre-suit offers for the fee simple and easement parcels required for the
extension of Vanderbilt Beach Road from 16th street NE to Everglades
Boulevard (Project No. 60249) in amounts based upon the appraised value
of the properties sought to be acquired, with purchase agreements subject to
approval by the Board of County Commissioners. Estimated fiscal impact:
$17,195,000. (Trinity Scott, Department Head, Transportation Management
Services) (All Districts)
D. This Item to be heard no Sooner than 1:30 PM. Recommendation to
approve a Long-Term Lease and Operating Agreement with The Gate Golf
Club, Inc., (“The Gate”) for the construction, renovation, and operation of a
9-hole public golf course, driving range, short game area, clubhouse with a
restaurant, a First Tee Learning Center (“Golf Complex") with a discounted
fee structure for County residents, and a rental fee to be paid to the County.
(Ed Finn, Deputy County Manager) (All Districts)
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
A. AIRPORT
B. COMMUNITY REDEVELOPMENT AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
Page 7
April 23, 2024
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
------------------------------------------------------------------------------------------------------------
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.
-----------------------------------------------------------------------------------------------------------------------------------------
A. GROWTH MANAGEMENT DEPARTMENT
1) Recommendation to approve and execute a Memorandum of
Understanding with the Florida Wildlife Corridor Foundation under
the Conservation Collier Land Acquisition Program to allow FWCF to
contribute up to $1,500,000 towards the acquisition of Conservation
Collier A-list parcels within the Panther Walk Preserve Multi-parcel
project area. (District 5)
2) Recommendation to authorize the County Manager, or their designee,
to submit an application to the Florida Fish and Wildlife Conservation
Commission’s Invasive Plant Management Section to be eligible to
receive funding assistance services worth $250,000 in FY 2025 for the
removal of invasive exotic vegetation within Conservation Collier’s
Pepper Ranch, North Belle Meade, and Red Maple Swamp Preserves,
and to authorize staff to accept such funding assistance services, if
awarded. (All Districts)
3) At the January 23, 2024, Board of County Commissioners meeting,
the County Manager was directed to bring back Hearing Examiner
Decision 24-05 for an appeal hearing to review the specifics of the
proposal and decision. Hearing Examiner Decision 2024-05 granted
variances from Land Development Code Section 5.05.09.G.2 related
to separation requirements for the development of a 150-foot
Page 8
April 23, 2024
telecommunications tower in the Commercial Convenience (C-2)
Zoning District. The subject property is located east of both Collier
Boulevard and Golden Gate City at 2560 39th St SW, also known as
the North 150 feet of Tract 144, Golden Gate Estates Unit 28, in
Section 26, Township 49 South, Range 26 East, Collier County,
Florida. [PL20240001396]. The applicant has withdrawn their request
for the Variance. This item is continued indefinitely. (District 3)
4) 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 Del Webb Naples Parcel 114
(Application Number PL20220001486), approval of the standard form
Construction and Maintenance Agreement, and approval of the
performance security in the amount of $991,116.17. (District 5)
5) 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 SkySail Phase 4 Townhomes (Application
Number PL20230000456), approval of the standard form
Construction and Maintenance Agreement, and approval of the
performance security in the amount of $3,638,099.30. (District 5)
6) Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of $191,480, which was posted as a
guaranty for Excavation Permit Number PL20210000630 for work
associated with Avalon Park Phase 4. (District 5)
7) Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of $27,424, which was posted as a
guaranty for Excavation Permit Number PL20210000964 for work
associated with Encompass Health Rehabilitation Hospital. (District
3)
8) Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of $56,200, which was posted as a
guaranty for Excavation Permit Number PL20210003279 for work
associated with Randall at Orangetree. (District 3)
Page 9
April 23, 2024
9) Recommendation to approve final acceptance of the potable water and
sewer utility facilities and accept the conveyance of the potable water,
a portion of the sewer utility facilities, and the appurtenant utility
easement for Randall at Orangetree, PL20230015538. (District 3)
10) Recommendation to approve final acceptance of the potable water
utility facilities for Bentley Village - Adult Living Facility,
PL20240001404. (District 2)
11) Recommendation to approve final acceptance of the sewer utility
facilities and accept the conveyance of the sewer facilities for Club
Pelican Bay Golf Learning, PL20240001689. (District 2)
12) Recommendation to approve a Resolution for final acceptance of the
private roadway and drainage improvements, and acceptance of the
plat dedications for the final plat of Esplanade Golf and Country Club
of Naples Hatcher Parcel, Application Number PL20190001680, and
authorize the release of the maintenance security in the amount of
$146,087.74. (District 3)
13) Recommendation to approve final acceptance of the sewer utility
facilities for Waste Management Facility Expansion, PL20240000471.
(District 4)
14) Recommendation to approve final acceptance of the potable
water and sewer utility facilities and accept the conveyance of
the potable water, as well as a portion of the sewer utility
facilities for Winchester, PL20230015800. (District 3)
15) Recommendation to award Invitation to Bid (“ITB”) No. 23-8185,
“Nuisance Abatement Mowing and Debris Removal” to Collier
Property Specialist, LLC, as Primary Vendor and Earth Shapes LLC,
as Secondary Vendor, and authorize the Chairman to sign the attached
Construction Services Agreements. (All Districts)
16) Recommendation to approve the release of a code enforcement lien
with an accrued value of $331,500 for payment of $14,439.90 in the
code enforcement action titled Board of County Commissioners vs.
Joanne Christine Power Est., and Iris M. Paul, in Special Magistrate
Page 10
April 23, 2024
Case Nos., CESD20130007839 and CENA20150015570 relating to
property located at 3612 Croton Rd., Collier County, Florida. (District
4)
B. TRANSPORTATION MANAGEMENT DEPARTMENT
1) Recommendation to approve the First Amendment to Agreement No.
20-7768, “Collier County Comprehensive Watershed Improvement
Project (CWIP) Monitoring Program” with Earth Tech Environmental
LLC, and authorize the Chairman to sign the attached Amendment.
(Project No. 33673) (All Districts)
2) Recommendation to approve Change Order No. 2 under Agreement
No. 20-7713R, “Engineering Design Services for Lake Trafford
Stormwater Improvements and Water Treatment Facility,” with GHD
Services, Inc., and authorize the Chairman to sign the attached
Change Order to add $95,645.00 to Phase 1 of the Agreement.
(Project No. 60143) (All Districts)
3) Recommendation to approve Agreement No. 23-8068, “CEI Services
for Stan Gober Memorial Bridge Repair/Rehabilitation Project” with
Hardesty & Hanover Construction Services, LLC, in the amount of
$600,674.39, and authorize the Chairman to sign the attached
Agreement. (Project No. 66066) (District 1)
4) Recommendation to approve the selection committee’s ranking
and authorize the County Manager, or their designee, to begin contract
negotiations with Johnson Engineering, Inc., related to Request for
Professional Services No. 24-8207 for “CEI and Peer Review Services
for 47th Ave. NE Project,” so the County Manager can bring a
proposed agreement back for the Board’s consideration at a future
meeting. (Project No. 60212) (District 5)
5) Recommendation to approve Agreement No. 23-8085, “Design
Services for 47th Avenue NE - Immokalee Road to Everglades
Boulevard” with Kimley-Horn and Associates, Inc., in the amount of
$1,513,881.00, and authorize the Chairman to sign the attached
Agreement, and approve all necessary Budget Amendments. (Project
No. 60212) (District 5)
Page 11
April 23, 2024
6) Recommendation to approve Resolution authorizing the Chairman to
sign a Locally Funded Agreement (LFA) with the Florida Department
of Transportation (FDOT) to provide a lump sum deposit of
$43,302.40 to support the design of sidewalks west of Goodlette
Frank Rd. at various locations - and authorize the necessary Budget
Amendment, FPN 448126-1-32-01. (Project No. 60271, Fund 3081)
(District 4)
7) Recommendation to approve and authorize the Chairman to sign a
Locally Funded Agreement (LFA) with the Florida Department of
Transportation (FDOT) to provide a lump sum deposit of $62,632.66
to support the design of sidewalks near Shadowlawn Elementary
School on Linwood Ave., from Linwood Way to Airport Pulling Rd -
and authorize the necessary Budget Amendment, FPN 446550-1-32-
01. (Project No. 60270, Fund 3081) (District 4)
8) Recommendation to approve and authorize the Chairman to sign a
Locally Funded Agreement (LFA) with the Florida Department of
Transportation (FDOT) to provide a lump sum deposit of $52,740.60
to support the design of sidewalks along Pine Street from Becca Ave
to US 41 – and authorize the necessary Budget Amendment, FPN
448128-1-32-01. (Project No. 60269, Fund 3081) (District 4)
9) Recommendation to approve two Agreements for the purchase of a
pond site (Parcels 241POND and 242POND) required for the Wilson
Boulevard (Golden Gate Boulevard to Immokalee Road) Project.
(Project No. 60229) Estimated Fiscal Impact: $555,500. (District 3,
District 5)
10) Recommendation to approve a Resolution authorizing the Chairman
to execute a Public Transportation Grant Agreement (PTGA) with the
Florida Department of Transportation (FDOT) FPN# 452749-1-84-02
in the amount of $491,530 providing for State funding for eligible
Collier County fixed-route transit administrative, management, and
operational expenses on the US 41 corridor, and approve the
necessary Budget Amendment. (CAT Grant Fund 4031) (All Districts)
11) Recommendation to approve the award of Invitation to Bid (“ITB”)
No. 23-8157, “Green Blvd Bicycle Lanes (LAP),” to Quality
Page 12
April 23, 2024
Enterprises USA, Inc., in the amount of $1,955,306.89, approve
Owner’s Allowance of $109,947.23, and authorize the Chairman to
sign the attached Construction Services Agreement, and authorize the
necessary Budget Amendments. (Project No. 33849) (District 3)
12) Recommendation to waive the $1M dollar cap threshold of
Agreement No. 20-7800 and award a $1,487,221 Work Order to
Quality Enterprises USA, Inc., to complete utility relocations related
to the ‘Tiger Grant Immokalee Area Improvements; approve an
Agreement with the Immokalee Water Sewer District for
reimbursement of the funds; and approve any required budget
amendments. (Project Number 33563) (District 5)
C. PUBLIC UTILITIES DEPARTMENT
1) Recommendation that the Board of County Commissioners, as Ex-
Officio Governing Board of the Collier County Water-Sewer District,
approve and accept utility and access easements and a construction
bond in the amount of $270,058.25 for the One Naples (Ritz Carlton
Residences) project. (Application Number PL20210002432) (District
2)
2) Recommendation to approve Change Order No. 1, providing for a
time extension of 46 days under Construction Agreement No. 22-
7982, with Douglas N. Higgins, Inc., for the “105th and 106th
Avenues Public Utilities Renewal” project, and authorize the
Chairman to sign the attached Change Order. (Project No. 70120)
(District 2)
D. PUBLIC SERVICES DEPARTMENT
1) Recommendation to approve and authorize the Chairman to sign one
State Housing Initiative Partnership Sponsor Agreement between
Collier County and Immokalee Fair Housing Alliance, Inc., in the
amount of $1,000,000 for the construction of rental housing units in
Immokalee and terminate Agreement #SHRD-22-003 for
convenience. (SHIP Grant Fund 1053) (All Districts)
2) Recommendation to approve and authorize the Chairman to sign (1)
Page 13
April 23, 2024
an amended agreement with Habitat for Humanity of Collier County,
Inc., to increase grant award funding for the State Housing Initiatives
Partnership the New Construction Assistance program from
$2,000,000 to $3,500,000, and (2) a release of the Sponsor’s
promissory note and mortgage following construction and sale to an
eligible homebuyer. (All Districts)
3) Recommendation to approve seven (7) mortgage satisfactions for the
Community Development Block Grant Down Payment Assistance in
the combined amount of $140,000 that have met their affordability
period and require a satisfaction of mortgage. (All Districts)
4) Recommendation to terminate for convenience Agreement No. 17-
7152, “Parks and Recreation Pickleball Concessionaire,” with
Pickleball Enterprises, LLC, d/b/a Naples Pickleball Center. (District
4)
5) Recommendation to approve an after-the-fact Second
Amendment with the Area Agency on Aging for Southwest
Florida, Inc., American Rescue Plan Act funding under the
Older Americans Act grant program for the Collier County Services
for Seniors Program that will provide an additional $54,000, bringing
the total award to $1,196,888 and authorize the necessary Budget
Amendment. (All Districts)
6) Recommendation to approve and authorize the Chairman to sign two
grant subrecipient amendments, (1) a First Amendment with the
David Lawrence Mental Health Center, Inc., to reduce the award by
$101,728.60 and match by $100,000, and (2) a First Amendment with
the Collier County Sheriff’s Office to increase the award by
$103,728.60 and match by $100,562.96, both to further support the
County’s Criminal Justice, Mental Health, and Substance Abuse
Reinvestment grant program (LH823). (All Districts)
7) Recommendation to accept and ratify fee waivers granted by the
Division Director of Domestic Animal Services for the period of
January 1, 2024, through April 2, 2024, in the amount of $448 in
accordance with the procedures set forth in Resolution No. 2018-106.
(All Districts)
Page 14
April 23, 2024
E. CORPORATE BUSINESS OPERATIONS
F. COUNTY MANAGER OPERATIONS
1) Recommendation to authorize expenditures under a single-source
waiver for an amount not to exceed $90,000 per fiscal year, to obtain
Original Equipment Manufacturer (“OEM”) parts and non-OEM parts
and services from Pat’s Pump & Blower, LLC, (“Pat’s Pump”)
necessary to maintain County-owned equipment, for a period of five
years, beginning in FY24 through the end of FY28. (All Districts)
2) Recommendation to approve a Purchase Agreement and a
Business Associate Agreement between Central Florida
Behavioral Health Network, Inc., and Collier County Board of
County Commissioners in the amount of $163,170, to
participate in the Coordinated Opioid Recovery (CORE)
Network of Addiction Care program in which funding will be
used toward preventing and treating substance abuse in Collier
County, authorize necessary Budget Amendments, and authorize the
County Manager, or their designee, to execute any required
documentation. (All Districts)
3) Recommendation to adopt a Resolution approving amendments
(appropriating grants, donations, contributions, or insurance proceeds)
to the Fiscal Year 2023-24 Adopted Budget. (The Budget
Amendments in the attached Resolution have been reviewed and
approved by the Board of County Commissioners via separate
Executive Summaries.) (All Districts)
G. AIRPORT AUTHORITY
1) Recommendation to approve the Collier County Airport Authority
Leasing Policy Update. (All Districts)
H. BOARD OF COUNTY COMMISSIONERS
1) Proclamation designating April 2024 as Sexual Assault Awareness
Month in Collier County. To be delivered to Eileen Wesley, Chief
Executive Officer, Project HELP.
Page 15
April 23, 2024
2) Proclamation designating May 2024 as Trauma Awareness Month in
Collier County. To be delivered to Katie Larsen, Project Manager
Government Relations, Lee Health.
I. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous Correspondence April 23, 2024 (All Districts)
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
$45,715,439.86 were drawn for the periods between March 28, 2024
and April 10, 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
April 17, 2024.
K. COUNTY ATTORNEY
1) Recommendation to appoint two members to the Black Affairs
Advisory Board. (All Districts)
2) Recommendation to appoint three members to the Golden Gate City
Economic Development Zone Advisory Board. (All Districts)
3) Recommendation to appoint two members to the Golden Gate Estates
Land Trust Committee. (District 3, District 5)
4) Recommendation to appoint Christopher Satter as a member of the
Land Acquisition Advisory Committee. (All Districts)
5) Recommendation to appoint two members to the Tourist Development
Council. (All Districts)
6) Recommendation to approve and authorize the Chairman to execute a
Settlement Agreement in the lawsuit styled Carolina Gallego v.
Page 16
April 23, 2024
Collier County Board of County Commissioners, Case No. 23-CA-
894, now pending in the Circuit Court of the Twentieth Judicial
Circuit in and for Collier County, Florida, for the sum of $75,000. (All
Districts)
7) Recommendation to approve and authorize the Chairman to execute a
Settlement Agreement in the lawsuit styled Lisa Brink v. Collier
County, Case No. 23-CA-1608, now pending in the Circuit Court of
the Twentieth Judicial Circuit in and for Collier County, Florida, for
the sum of $15,000.00. (All Districts)
8) Recommendation to approve a mediated Partial Settlement
Agreement with Quality Enterprises USA, Inc., concerning
Design-Build Agreement No. 20-7708, pertaining to the
construction of the Veteran’s Memorial Boulevard Extension
Phase I project, and to authorize the Chairman to sign the
attached mediated settlement agreement. (All Districts)
9) Recommendation to approve and authorize the Chairman to execute
the First Amendment to Agreement for Legal Services relating to the
County’s Retention Agreement with Ford & Harrison, LLP, extending
the term for two years with three one-year renewals and increasing the
law firm’s hourly rates. (All Districts)
L. COMMUNITY REDEVELOPMENT AGENCY
----------------------------------------------------------------------------------------------------
17. Summary Agenda - This section is for advertised public hearings and must
meet the following criteria: 1) A recommendation for approval from staff; 2)
Unanimous recommendation for approval by the collier county planning
commission or other authorizing agencies of all members present and voting;
3) No written or oral objections to the item received by staff, the collier county
planning commission, other authorizing agencies or the board, prior to the
commencement of the BCC meeting on which the items are scheduled to be
heard; and 4) No individuals are registered to speak in opposition to the item.
For those items which are quasi-judicial in nature, all participants must be
sworn in.
-------------------------------------------------------------------------------------------------------------------------------
A. Recommendation to approve an Ordinance of the Board of County
Page 17
April 23, 2024
Commissioners of Collier County, Florida amending Ordinance No.
89-05, as amended, the Collier County Growth Management Plan for
the unincorporated area of Collier County, Florida, specifically
amending the Future Land Use Element and Future Land Use Map
and Map Series by changing the designation of 2.4 acres of land from
Urban Residential Subdistrict, Mixed Use District to Urban-
Commercial District, Livingston Road/Veterans Memorial Boulevard
Commercial Infill District, and amending the Livingston
Road/Veterans Memorial Boulevard Commercial Infill Subdistrict to
increase the gross floor area of commercial and indoor, air-
conditioned, mini- and self-storage warehouse (SIC Code 4225) uses
to 100,000 square feet, of which commercial gross floor area is
limited to 50,000 square feet; to add select convenience retail and
service uses including gas stations and car washes; directing
transmittal of the adopted amendment to the Florida Department Of
Commerce; providing for severability and providing for an effective date.
The subject property is located at the southeast intersection of Livingston
Road and Veterans Memorial Boulevard in Section 13, Township 48 South,
Range 25 East, consisting of 4.68± acres; [PL20220003225]. (Companion
Item PUDZ PL20220003226, Item #28371) (District 2)
B. This item requires that Commission members provide ex-parte
disclosure. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to approve an Ordinance
rezoning the property to the Livingston Veterans Commercial Planned Unit
Development (CPUD) zoning district to allow up to 100,000 square feet of
commercial gross floor area, including gas stations and car washes, and
indoor air-conditioned mini-and self-storage warehouse (SIC Code 4225)
gross floor area, of which commercial gross floor area is limited to 50,000
square feet. The property is located at the southeast intersection of
Livingston Road and Veterans Memorial Boulevard in Section 13, Township
48 South, Range 25 East, Collier County, Florida, consisting of 4.68± acres.
(This is a Companion to Item 28328, GMPA-PL20220003225, Livingston
Road/Veterans Memorial Commercial Infill Subdistrict Growth
Management Plan Amendment. Item #28328) [PL20220003226] (District
2)
C. Recommendation to adopt a Resolution approving amendments
(appropriating carry forward, transfers, and supplemental revenue) to the
Page 18
April 23, 2024
FY23-24 Adopted Budget. (The Budget Amendments in the attached
Resolution have been reviewed and approved by the Board of County
Commissioners via separate Executive Summaries.) (All Districts)
18. ADJOURN
Inquiries concerning changes to the Board’s Agenda should be made to the County
Manager’s Office at 252-8383.
April 23, 2024
Page 2
MS. PATTERSON: Chair, you have a live mic.
CHAIRMAN HALL: Good morning, everyone.
COMMISSIONER McDANIEL: Sir.
CHAIRMAN HALL: Welcome to the commissioner meeting.
I feel like Steve Harvey. I've always wanted to say, "I'm your man,
Steve Harvey. We've got a good one for you today," but I won't say
that.
I do want to remind everyone to turn your cell phones off if you
have not done so, because it's kind of embarrassing when it goes off
and you can't reach it and everybody's looking at you. But I'll save
you from that grief if you'll just turn it off.
I want to remind everyone, on the public comments, that we're
going to have three minutes to do so. We're really interested in
hearing what you have to say, but when the little yellow light goes
off, that's the 30-second warning, and when the red light goes off, we
want to land that airplane. I don't want to have to call the tower to
tell you to turn it in.
I'm in a good mood today.
COMMISSIONER McDANIEL: We're happy about that.
CHAIRMAN HALL: So anyway, let's --
COMMISSIONER LoCASTRO: That will change quickly.
CHAIRMAN HALL: Yeah.
COMMISSIONER McDANIEL: And thank you for sharing
that, Mr. Chair. We were all really concerned about your mood.
CHAIRMAN HALL: Yeah. I'm feeling the love, can you tell?
All right. County Manager.
Item #1A
INVOCATION BY PASTOR GREG BALL, DESTINY CHURCH
NAPLES - INVOCATION GIVEN
April 23, 2024
Page 3
MS. PATTERSON: All right. We're going to invocation and
Pledge of Allegiance. Our invocation will be by Pastor Greg Ball,
Destiny Church, and our Pledge of Allegiance will be led by
Madeline Rigsby, a fifth grader at First Baptist Academy.
PASTOR BALL: Wonderful. Let us pray.
Father, we thank you for this great, beautiful day that you've
given us here in Southwest Florida. We thank you for our leaders
that have been elected and the appointed to guide the growth of this
county.
Lord, we are so thankful. We're thankful for all that you're
doing in our lives. Your word tells us in 1 Thessalonians 5 that in
everything we are to give thanks, and we thank you for the privilege
it is to be here today, and we thank you, God, that you will guide
every decision made, and we give you the thanks for -- in the mighty
name of Jesus we pray. Amen.
(The Pledge of Allegiance was recited in unison.)
MS. PATTERSON: Commissioners, agenda changes for
April 23rd, 2024.
First, we have move Item 16D4 to 11E. This is a
recommendation to terminate for convenience Agreement No.
17-7152, Parks and Recreation Pickleball concessionaire with
Pickleball Enterprises, LLC, doing business as Naples Pickleball
Center. This is being moved to the regular agenda at Commissioner
Kowal's request.
A couple of agenda notes and time-certain items. Note: The
executive summary for Item 10A has been updated to note that the
proposed resolution is from United Sovereign Americans rather than
the Election Integrity Committee of the Collier County Republican
Executive Committee.
We do have two time-certain items. Item 10B, to be heard at
1 p.m. This is an update on the state veterans nursing home project
April 23, 2024
Page 4
from the Florida Department of Veterans Affairs. And Item 11 to be
heard no sooner than 1:30 p.m. And we'll be timing this up with the
arrival of our friends from Arthrex. This is the long-term lease and
operating agreement with the Gate Golf Club, Inc.
We also have -- at 2 p.m. there will be a brief pause of our
regular business pretty much no matter where we are, and that will be
to welcome Congressman Mario Diaz-Balart, who will be attending
the meeting briefly for a dual-check presentation to the Sheriff's
Office and the Board of County Commissioners, and Sheriff
Rambosk will be in attendance at that time.
We have court reporter breaks scheduled for 10:30 and again at
2:50, so we'll try to take lunch as close to 12 as possible so that we'll
be back here for our 1 o'clock time-certain. We do have outside
people attending that 1 o'clock.
With that, County Attorney.
MR. KLATZKOW: No changes. Thank you.
MS. PATTERSON: Commissioners, any changes or ex parte
on the summary and consent agendas?
CHAIRMAN HALL: Commissioner McDaniel, changes or ex
parte?
COMMISSIONER McDANIEL: I was in the process of
sipping my coffee, sir.
I have one disclosure on the summary agenda, 17B, with -- I had
meetings.
CHAIRMAN HALL: Commissioner LoCastro.
COMMISSIONER LoCASTRO: No changes and no
disclosures on consent or summary.
CHAIRMAN HALL: Commissioner Saunders.
COMMISSIONER SAUNDERS: I have no changes to the
agenda and also no disclosure on the consent agenda.
CHAIRMAN HALL: Commissioner Kowal.
April 23, 2024
Page 5
COMMISSIONER KOWAL: I have no changes, but I do have
meetings and e-mails in reference to 17B of the summary agenda.
CHAIRMAN HALL: I have no changes, and I do have
meetings on 17B.
Item #2A
APPROVAL OF TODAY'S REGULAR, CONSENT AND
SUMMARY AGENDA AS AMENDED (EX PARTE DISCLOSURE
PROVIDED BY COMMISSION MEMBERS FOR CONSENT
AGENDA.) - MOTION TO APPROVE BY COMMISSIONER
MCDANIEL; SECONDED BY COMMISSIONER LOCASTRO –
APPROVED AND/OR ADOPTED W/CHANGES
MS. PATTERSON: With that, Item 2A is the approval of
today's regular, consent, and summary agenda as amended.
COMMISSIONER McDANIEL: I'll make that motion.
COMMISSIONER LoCASTRO: Second.
COMMISSIONER KOWAL: Second.
CHAIRMAN HALL: Motion's made, seconded. All in favor,
say aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN HALL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER KOWAL: Aye.
CHAIRMAN HALL: All right.
SEE REVERSE SIDE
Proposed Agenda Changes
Board of County Commissioners Meeting
April 23, 2024
Move item 16D4 to 11E: Recommendation to terminate for convenience Agreement No. 17-7152, “Parks and
Recreation Pickleball Concessionaire,” with Pickleball Enterprises, LLC, d/b/a Naples Pickleball Center.
(Commissioner Kowal’s request)
Notes:
The Executive Summary for item 10A has been updated to note that the proposed Resolution is from United
Sovereign Americans rather than the election integrity committee of the Collier County Republican Executive
Committee.
TIME CERTAIN ITEMS:
Item 10B to be heard at 1 PM: Update on the State Veterans’ Nursing Home project from the Florida Department
of Veterans’ Affairs.
Item 11D to be heard no sooner than 1:30 PM: Long-Term Lease and Operating Agreement with The Gate Golf
Club, Inc., (“The Gate”).
4/29/2024 2:23 PM
April 23, 2024
Page 6
Item #2B
APRIL 9, 2024, BCC MINUTES - MOTION TO APPROVE BY
COMMISSIONER HALL; SECONDED BY COMMISSIONER
MCDANIEL – APPROVED
Item #2C
MARCH 26, 2024, BCC MINUTES - MOTION TO APPROVE BY
COMMISSIONER HALL; SECONDED BY COMMISSIONER
MCDANIEL – APPROVED
MS. PATTERSON: Items 2B and 2C, if you'd like to take
them together, are meetings [sic] from the Board of County
Commissioners meetings of April 9th, 2024, and March 26th, 2024.
CHAIRMAN HALL: Well, I move to accept them both at the
same time.
COMMISSIONER McDANIEL: Second.
CHAIRMAN HALL: All in favor, say aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN HALL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER KOWAL: Aye.
MS. PATTERSON: That brings us to Item 3, awards and
recognitions. We do have some employees with us today.
Item #3A1a
AWARDS AND RECOGNITIONS - 20 YEARS ROBERT BOSCH
TRANSPORTATION ENGINEERING – PRESENTED
April 23, 2024
Page 7
Starting with our 20-year attendees, our first 20-year,
Item 3A1a, is Mr. Robert Bosch from Transportation Engineering, 20
years. Congratulations.
(Applause.)
MR. BOSCH: Thank you.
(Applause.)
Item #3A1b
AWARDS AND RECOGNITIONS - 20 YEARS KARLA NICOL -
FLEET MANAGEMENT – PRESENTED
MS. PATTERSON: Item 3A1b, 20 years, Ms. Karla Nicol,
Fleet Management. Congratulations.
(Applause.)
MS. NICOL: Thank you.
(Applause.)
Item #3A2a
AWARDS AND RECOGNITIONS - 25 YEARS DAVID FAIST –
WASTEWATER – PRESENTED
MS. PATTERSON: Twenty-five-year attendees. Item 3A2a,
25 years, David Faist, Wastewater. Congratulations.
(Applause.)
COMMISSIONER LoCASTRO: Wastewater. Did you wash
your hands today?
Okay, congratulations.
Thanks for your service, sir.
(Applause.)
April 23, 2024
Page 8
MS. PATTERSON: This brings us to Item 4, proclamations.
Item #4A
PROCLAMATION DESIGNATING MAY 2, 2024, AS NATIONAL
DAY OF PRAYER. ACCEPTED BY PASTOR JESSE BARRETT
AND OTHER DISTINGUISHED LEADERS OF THE FAITH
COMMUNITY - MOTION TO APPROVE BY COMMISSIONER
SAUNDERS; SECONDED BY COMMISSIONER LOCASTRO –
ADOPTED
Item 4A is a proclamation designating May 2, 2024, as National
Day of Prayer. To be accepted by Pastor Jesse Barrett and other
distinguished leaders of the faith community. Congratulations.
PASTOR BARRETT: Thank you.
(Applause.)
COMMISSIONER McDANIEL: Jesse, do you want to come
to the podium and announce where the --
PASTOR BARRETT: Sure.
COMMISSIONER McDANIEL: -- where and when and such?
PASTOR BARRETT: So -- thank you.
COMMISSIONER McDANIEL: Absolutely. I just -- I just
want to say that the majority of the Board is traveling next week.
We're going to be gone so -- or some of us will, anyway, so...
PASTOR BARRETT: Well, I know Commissioner Hall will
be there, and I appreciate all of you guys who have come in years
past as well.
We're doing a -- this year it will be May 2nd at 7 p.m. It will be
at the Naples High School football field, and we'll be praying for all
of you, all of our government leaders, the military, schools, families,
churches, all that good stuff.
April 23, 2024
Page 9
So I appreciate everything you guys do, and we pray for you
guys daily.
CHAIRMAN HALL: Good. It's working.
(Applause.)
PASTOR BARRETT: Yeah. Thank you.
(Applause.)
Item #4B
PROCLAMATION DESIGNATING MAY 2024 AS NATIONAL
MILITARY APPRECIATION MONTH. ACCEPTED BY LOIS A.
BOLIN AND BETTY BAILEY - MOTION TO APPROVE BY
COMMISSIONER SAUNDERS; SECONDED BY
COMMISSIONER LOCASTRO– ADOPTED
MS. PATTERSON: Item 4B is a proclamation designating
May 2024 as National Military Appreciation Month. To be accepted
by Lois A. Bolin, Southwest Florida Veterans Alliance, and Betty
Bailey, VFW Post 7721, auxiliary president. Congratulations.
(Applause.)
MS. BOLIN: Commissioners, Chris, thank you -- or,
Commissioner Hall, thank you so much for allowing this
proclamation, and we are thrilled to know that May the 2nd is
National Prayer Day. There are several events that are going on
during the entire month of May. You've got Armed Forces
Appreciation Day, which would be at Avow; May 27th Collier
County Veterans Council will be hosting its Memorial Day at Hodges
Funeral Home; and the VFW auxiliary on the 24th is hosting a sock
hop in honor of our World War II veterans. So thank you so much
for doing this.
CHAIRMAN HALL: Thanks, Ms. Bolin.
April 23, 2024
Page 10
(Applause.)
Item #4C
PROCLAMATION DESIGNATING APRIL 2024 AS
EVERGLADES DARK SKY MONTH IN COLLIER COUNTY.
ACCEPTED BY DIANA UMPIERRE WITH NIGHT SKY
CONSERVANCY OF FLORIDA AND FORMER BOARD
PRESIDENT OF DARKSKY INTERNATIONAL - MOTION TO
APPROVE BY COMMISSIONER SAUNDERS; SECONDED BY
COMMISSIONER LOCASTRO – ADOPTED
MS. PATTERSON: Item 4C is a proclamation designating
April 2024 as Everglades Dark Sky Month in Collier County. To be
accepted by Diana Umpierre with Night Sky Conservancy of Florida
and former board president of DarkSky International and other
distinguished guests.
Congratulations.
MS. UMPIERRE: I brought -- I don't know if during the
presentation time there will be time or not -- and I promise I'll be
slower or faster depending on what I need to do.
But I just want to, first of all, just really thank you for taking the
time to accept and agree to do this proclamation.
Back in 2013 or so -- actually, even a little earlier than that, but
around that time is when I started really getting engaged on what do
we do to try to protect this night sky resource. And one of the first
things that we started doing at that time was working to get Big
Cypress National Preserve designated.
And you may remember back in 2016, we were here with you
where you issued a proclamation to congratulate the National Park
Service for finally getting that certification.
April 23, 2024
Page 11
We're working on trying to get also Everglades National Park
and some other places certified, because a certification helps to
communicate to the community the importance of protecting that
resource not only because we all enjoy, you know, looking at the
stars, but because there's a lot of wildlife that need it.
Unfortunately, you know, as city sprawl and all these things
happen, and, you know, there aren't strong controls for lighting, we're
losing that resource.
So the intent of doing, you know, this proclamation and why we
are doing it as a month this time around and as an Everglades versus
just international is to really bring the region together.
So, again, I thank you, and I just want to also acknowledge that I
have Solomey (phonetic) and Patricia with me. And thank you very
much for that.
(Applause.)
COMMISSIONER McDANIEL: Absolutely.
MS. PATTERSON: Commissioners, if we could get a motion
to accept the proclamations.
COMMISSIONER SAUNDERS: So moved, Mr. Chairman.
COMMISSIONER LoCASTRO: Second.
CHAIRMAN HALL: All right. Moved and seconded. All in
favor to approve, say aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN HALL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER KOWAL: Aye.
(No response.)
Item #7
April 23, 2024
Page 12
PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE
CURRENT OR FUTURE AGENDA
MS. PATTERSON: That brings us to Item 7, public comments
on general topics not on the current or future agenda.
MR. MILLER: Good morning, Mr. Chair. We have five
registered speakers at this time. Your first speaker is Ron Brija.
He'll be followed by Juan Munera.
MR. BRIJA: Good morning, Commissioners, and thank you
for your time. I believe you have all received the packet of materials
I have sent to each commissioner. My name is Ronald Brija.
MR. MILLER: Sir, can you -- thank you -- state your name.
MR. BRIJA: When Cycle 12 for acquisition of lands in
Conservation Collier holdings was initiated, I and adjacent
landowner, Mr. Munera, contacted Conservation Collier and were
highly encouraged to submit our 1.55 acres in aggregate on Marco
Island. Conservation Collier staff, Summer, Melissa, and Kathy,
have been exemplary and helpful.
I would like to note two important considerations. Firstly,
archaeological artifacts have always been found at the 15-foot
elevation level on Marco Island, an elevation that is not at all
common on the island. It is felt that the area is ripe for future
archaeological exploration if left undeveloped.
Second, regarding proximity, there may be some confusion.
The lots are all on Dogwood Drive; however, one of my lots,
inexplicably, is noted as being on San Marco Road. Access is close
and adjacent to the other lots. The lots are located on what is to be
the last street or block to be developed and is reflected on the 2040
city map of Marco Island.
Vision is seeing something others do not see. You gentlemen
reflect that vision. This area will be developed. Marco is
April 23, 2024
Page 13
approaching build-out.
Future generations will thank you for this acquisition. Again,
thank you for your consideration, and to our District 1 commissioner
from Marco Island, Mr. Rick LoCastro, thank you.
MR. MILLER: Your next speaker is Juan Munera. He'll be
followed by Richard Schroeder.
MR. MUNERA: May I pass these documents to you,
gentlemen?
Hello, everyone. My name is Juan Munera. I live at 2059
Sheffield Avenue in Marco Island. You can see the exact location
on this map that you previously receive it.
Yesterday, my neighbor send me a picture of a coyote standing
on an empty lot across our house in Lot No. 3061 on the map. Last
week, we saw four coyotes walking along Sheffield Avenue. Last
year, a neighbor spotted a bear near her trash bins.
My family and I have more than 20 sights of bobcats, panthers
often in group of three or four walking near our lanai and our own
lawn.
We also frequently see rabbits, snakes, hawks, woodpeckers.
Every season, we share our mangrove harvest with pack of raccoons
and possums.
Soon after we moved to Sheffield 22 years ago, we purchased
the lot behind our house, Lot 2053, not to expand our property but to
preserve it as it is currently.
These lots are an essential part of a corridor where all these
animals live. This corridor spans less than 10 square miles from the
corner of Olds Court and Caxambas Drive to where Goodland starts.
You can see that corridor on the pink -- on the map that I just passed
to you on pink highlights.
In some areas, these animals have only 40 or 50 feet of dry land
to move through. Coyotes, bobcats, and panthers don't want to swim
April 23, 2024
Page 14
daily to hunt.
Our lots meet four of the six criteria Conservation Collier
consider when purchasing prospective parcels. The two unmet
criterias are lack of access to the lots and unsuitable to development.
The argument that the lots lack visitors' access is short-sighted.
Planning to buy one lot surrounded by houses and another lot two
miles away also surrounded by houses just because they can be
visited is a conservation program destined to fail from an inconsistent
preservation standpoint.
The other argument is that the lots cannot be developed and will
though remain preserve on the current private ownership; however, in
15 or 20 years when all lots with streets access are sold on the island
land, there's a strip of land, 12 lots may be contracted enough for a
developer to build. What I'm trying to present is a small piece of
land that Conservation Collier can save on preserve.
I urge you, ladies and gentlemen -- in this case only
gentlemens -- to consider purchasing this land for preservation, not
for us but for the few animals that live there and for the future
generations. Thank you very much.
CHAIRMAN HALL: Mr. Munera?
MR. MUNERA: Yes, sir.
CHAIRMAN HALL: I have a question.
MR. MUNERA: Yes, sir.
CHAIRMAN HALL: What is a cuartes?
MR. MUNERA: What is what?
CHAIRMAN HALL: The first word you said. Cuartes? It's a
coyote?
MR. MUNERA: Coyotes. I'm sorry, sir. My English is --
CHAIRMAN HALL: That's okay. I got it.
MR. MUNERA: That's why I send you this.
CHAIRMAN HALL: Wile E., okay. I got him. Thank you.
April 23, 2024
Page 15
MR. MUNERA: Coyotes. Good point, sir.
COMMISSIONER LoCASTRO: His Spanish is way worse, so
you should be applauded.
MR. MUNERA: Okay.
CHAIRMAN HALL: You should see how I spelled it. Thank
you.
MR. MILLER: Your next speaker is Richard Schroeder. He'll
be followed by Garrett F.X. Beyrent.
DR. SCHROEDER: New critter in the area.
Anyway, Richard Schroeder, Naples resident.
I just wanted to talk to you a little bit about wireless radiation. I
want to throw in a little COVID-19 that everybody wants to forget
about these days.
And I had some great maps to show you, but my visual aids
aren't working this morning, so you're going to have to use your
imagination. I hope your knowledge of worldwide geography is at
least adequate.
Anyway, worldwide maps, if you look at -- they illustrate a
striking similarity of COVID-19 cases and wireless radiation service
distribution in the early phase of the pandemic -- and as you might
expect, these are mostly in the United States, Southern Canada,
Europe, and Eastern China where wireless radiation was heavily
adopted by that time -- and, yet, interestingly, the COVID cases were
not well correlated with where a substantial portion of humanity was,
which is what you might expect with a pandemic, very densely
populated areas of sub Saharan Africa. For example, Northern India
and Pakistan, Benla -- all of which have huge population densities,
and coastal South America were largely spared the COVID diagnosis
early in the game, and all were areas that had poor adoption of
wireless technology.
You'd think that a contagious, infectious disease would follow
April 23, 2024
Page 16
the people, not the wireless networks. Just saying...
So a peer-reviewed world scientific literature study identifies
several mechanisms by which wireless may have contributed to the
COVID-19 pandemic as a toxic environmental factor, as they call it.
Rubik and Brown presented evidence that wireless radiation can
cause blood clotting disorders, lower oxygen level, suppress the
immune system, cause autoimmunity and inflammation resulting in
blood vessel injury and organ damage, and it makes cells more
permeable to toxins, and it worsens heart arrhythmias and cardiac
disorders.
All these findings, interestingly, are exactly many of those of the
COVID-19 victims. How interesting.
So COVID-19 began in China shortly after the 5G had gone
live, and then outbreak soon followed in South Korea, Northern Italy,
New York, Seattle, and Southern California where 5G had also just
been flipped on. Then came reports of significant correlation
between the intensity of radio frequency radiation and death rates
from COVID in 31 countries throughout the world and in states and
major cities that had active 5G infrastructure.
I'll let you draw your own conclusions from this, but just
remember the wireless radiation connection. If they did it once, they
can do it again. Thank you.
MR. MILLER: Your next speaker is Garret FX Beyrent. He'll
be followed by Michael Hagan.
MR. BEYRENT: For the record, Garret FX Beyrent, and I
need to be sworn in. Right-handed, right? Where do I put my
bible?
THE COURT REPORTER: Do you swear or affirm the
testimony you will give will be the truth, the whole truth, and nothing
but the truth?
MR. BEYRENT: Yes, I do.
April 23, 2024
Page 17
For the record, once again -- I brought this book because this is
who I'm working with now. These are Chinese people. Chinese
people are very interesting. This book is Negotiating with the
Chinese. And while I'm negotiating with them, they speak perfect
English, and you're only dealing with the heads, and those are
actually Chinese that are born in the United States, speak English, but
they represent people that you don't want here, okay.
And I turned down the ridiculously high offer. But long and
short is, I got this book. This is true. When you're looking over at
the Goodwill and they've got all these books laid out and you're
looking at the books, you say, boy, that's -- I was looking for a book
on Frank Lloyd Wright. And I went, and what is this, Negotiating
with the Chinese?
And then I looked at the back -- this is 1997. The price of this
book in the United States of America, right there, is $195, that book
right there. For the record -- can I put that in there? It's the record.
I've got to read it first.
But, long and short, that's why I'm here. There's a lot of strange
things going on in my life. And I had a conversation with Burt
Saunders, and you were right, this letter that you wrote me is about
nothing. It was hilarious. I took it up and -- up to the fourth floor
where I have all my secret -- I have meetings there on the fourth
floor.
And Martha read it. She said, yeah, this -- "This actual letter is
about nothing." And I misread it. Because I was looking at it
saying, "What? Wait a minute. Does Burt want to be my lawyer?"
But actually he is inverted -- all you guys up there are lawyers pro se.
I guess that word is -- I don't know. I have to ask somebody else
that's not my lawyer.
In any case, I need to submit this to Amy, okay, because this is
part of my whole process that I'm going through that I'm trying to
April 23, 2024
Page 18
figure out who to sell properties to and how to design things that
accommodate something that I learned about last -- at the last
meeting. I was not familiar with what they call a double diamond
divergent access plan, which is my Pine Ridge Road -- I can't say
which it is. But the design plans now for our interstate are actually
promulgated by the federal government.
Did I run out of time? No. I've still got, like, a minute. I'll
give this -- and, thank you, Burt, for explaining this to me. Because,
I said, "I don't know. Maybe he's going to quit being a
commissioner and work for me." I don't have to pay anybody. Ask
the lady right here.
Thank you very much.
COMMISSIONER SAUNDERS: Mr. Chairman.
MR. MILLER: Your next speaker is -- I'm sorry.
COMMISSIONER SAUNDERS: Just -- I do have to clarify a
couple things for the record.
MR. MILLER: Garrett?
MR. BEYRENT: Yes.
COMMISSIONER SAUNDERS: I'm just going to make a
statement. So you can sit down.
MR. BEYRENT: Okay. Thank you.
COMMISSIONER SAUNDERS: I did write a letter to
Mr. Beyrent. It was a thank-you letter thanking him for providing
some information. That's why I told him that the letter didn't mean
anything.
But there was a statement made about representation. And I
know it was kind of an offhand comment, but the statement was
something about my representing Mr. Beyrent, and I do not. Never
have. Now, as a commissioner -- I will represent him as a
commissioner, as I will with any citizen.
But I want to clarify the record, we have no connection --
April 23, 2024
Page 19
MR. BEYRENT: Right.
COMMISSIONER SAUNDERS: -- whatsoever. I just wanted
to clarify that.
MR. BEYRENT: We've just known each other since 1986.
COMMISSIONER SAUNDERS: It's been a while.
MR. MILLER: Your next speaker is --
MR. BEYRENT: Thank you very much.
MR. MILLER: Your next speaker is Michael Hagan, and he is
your final speaker under Item 7.
MR. HAGAN: Hi. Thanks for having me. Michael Hagan.
I'm here as a homeless advocate. Before I get into that, I'm
going to submit a plan for that to the commissioners.
But a couple other things I noticed being here -- I've been
homeless by choice in Collier County for 20 years, just by choice.
I've been everywhere: Jail, David Lawrence Center, seen
everything. Now that everything's pretty much finished, there's no
real estate left affordable.
Let's talk about housing for homeless people. We'll get to that.
I want to talk to Commissioner LoCastro -- not now, but a
couple items I'll deal with you individually. You've helped me
before.
COMMISSIONER LoCASTRO: Yes, sir.
MR. HAGAN: Okay, thank you.
You know, these people, we're citizens of this county. We
work. Nobody really wants to be homeless. They want to drink
and drug -- and I know these people -- then they're going to do it, or
they'll go somewhere else. If they don't want to go to St. Matthew's
House because they want to drink and drug or they have a dog, then
they'll be homeless. There's no reason to cover up the electricity at
the bus -- at the bus depot, put benches with bars, and then have the
security from this building and the county building, the courthouse
April 23, 2024
Page 20
building, walk around and ask me where I'm going. I can't sit in a
public space. It's harassment, and it comes from the top, and it's
police harassment.
I've been arrested -- I don't have the number. But the police
reports are there. A DUI walking my bicycle on the sidewalk on
Bayshore. I walked through a parking lot in Naples Manor where I
lived. I didn't know that the Recovery Center had taken over the
little motel, and a woman comes racing out with her phone on 911
already. People -- the people in recovery come racing out of their
little units. The next thing I know, I'm on the ground in handcuffs
with a German Shepherd barking in my face, a helicopter overhead.
For what?
And I'm mad, but I'm not violent. I'm a peacemaker. And
what I've put up -- I got my head -- there's a dent in my head. I've
had two guns pulled on me in Collier County, one about three weeks
ago at McDonald's, Pine Ridge and Airport.
Every time I come here, I write something up and I just don't do
it, because this makes more sense just to talk how I feel and be real.
I did write a few things. We're -- every -- you know, we're
members of the community. We're employees in the businesses.
There are veterans out there, and they choose to do that, and I hang
around one, and he does it for a specific purpose. That's okay.
They can handle it. Nobody else can.
There are women being sexually assaulted when their boyfriends
or husbands run to -- go to jail, they run to Michael.
So this is real, and you don't know what's going on in the street
because you're not out there; neither are the police, to tell you the
truth. Driving around doesn't help anybody.
That will finish it. Thank you.
So, Jeffrey, I have to talk to you, too.
MR. MILLER: That's all of our speakers under Item 7.
April 23, 2024
Page 21
Item #9A
ORDINANCE 2024-22: AMENDING ORDINANCE NO. 89-05, AS
AMENDED, THE COLLIER COUNTY GROWTH
MANAGEMENT PLAN FOR THE UNINCORPORATED AREA
OF COLLIER COUNTY, FLORIDA, SPECIFICALLY
AMENDING THE RURAL GOLDEN GATE ESTATES SUB-
ELEMENT OF THE GOLDEN GATE AREA MASTER PLAN
ELEMENT AND RURAL GOLDEN GATE ESTATES FUTURE
LAND USE MAP AND MAP SERIES TO REVISE THE MISSION
SUBDISTRICT OF THE MIXED USE DISTRICT, TO ADD 14
ACRES TO THE SUBDISTRICT; TO CHANGE THE NAME OF
THE SUBDISTRICT TO EMMANUEL LUTHERAN CHURCH
COMMUNITY FACILITIES AND SERVICES SUBDISTRICT; TO
ALLOW ADDITIONAL USES INCLUDING COLLEGES AND
UNIVERSITIES, SOCIAL SERVICE USES, GOVERNMENT
USES, MEDICAL OFFICE, PHYSICAL FITNESS FACILITIES,
AND RECREATIONAL FACILITIES ON PROPERTY LOCATED
ON THE SOUTH SIDE OF OIL WELL ROAD APPROXIMATELY
ONE QUARTER MILE WEST OF EVERGLADES BOULEVARD
IN SECTION 19, TOWNSHIP 48 SOUTH, RANGE 28 EAST.
[PL20200002204] (COMPANION TO ITEMS #9B & #11A)
(DISTRICT 5) MOTION TO APPROVE W/CHANGES BY
COMMISSIONER MCDANIEL; SECONDED BY
COMMISSIONER LOCASTRO – ADOPTED
MS. PATTERSON: Commissioners, that brings us to Item 9,
advertised public hearings. We do have a series of companion items.
That would be 9A, 9B, and 11A. So I will read each of them into the
record here before we swear the participants in with the court
April 23, 2024
Page 22
reporter.
Item 9A is a recommendation to approve an ordinance amending
Ordinance No. 88-05, as amended, the Collier County Growth
Management Plan, for the unincorporated area of Collier County,
Florida, specifically amending the Rural Golden Gate Estates
Sub-Element of the Golden Gate Area Master Plan Element and
Rural Golden Gate Estates Future Land Use Map and map series to
revise the Mission Subdistrict of the Mixed Use District to add
14 acres to the subdistrict to change the name of the subdistrict to
Emmanuel Lutheran Church Community Facilities and Services
Subdistrict; to allow additional uses including colleges and
universities, social service uses, government uses, medical office,
physical fitness facilities, and recreational facilities on property
located on the south side of Oil Well Road approximately one-quarter
mile west of Everglades Boulevard in Section 19, Township 48
South, Range 28 East.
Item #9B
ORDINANCE 2024-23: THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NUMBER 2011-23, THE
EMMANUEL EVANGELICAL LUTHERAN CHURCH OF
NAPLES, INC., COMMUNITY FACILITIES PLANNED
UNIT DEVELOPMENT, AND AMENDING ORDINANCE
NUMBER 2004-41, AS AMENDED THE COLLIER COUNTY
LAND DEVELOPMENT CODE, BY AMENDING THE
APPROPRIATE ZONING ATLAS MAP OR MAPS BY
CHANGING THE ZONING CLASSIFICATION OF AN
ADDITIONAL 14+/- ACRES FROM THE ESTATES ZONING
DISTRICT TO EMMANUEL LUTHERAN CHURCH
April 23, 2024
Page 23
COMMUNITY SERVICES COMMUNITY FACILITIES
PLANNED UNIT DEVELOPMENT (CFPUD), TO ADD
PRINCIPAL USES INCLUDING COLLEGES AND
UNIVERSITIES, SOCIAL SERVICE USES, GOVERNMENT
USES, MEDICAL OFFICES, PHYSICAL FITNESS FACILITIES
AND RECREATIONAL FACILITIES; TO ADD ACCESSORY
USES FOR LODGING/DORMITORY, RETAIL SALE OF
AGRICULTURAL PRODUCTS, AND MOBILE FOOD
DISPENSING VEHICLES; TO REVISE DEVELOPMENT
STANDARDS, THE LEGAL DESCRIPTION AND MASTER
PLAN FOR PROPERTY LOCATED ON THE SOUTH SIDE OF
OIL WELL ROAD, IN SECTION 19, TOWNSHIP 48 SOUTH,
RANGE 28 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 35.92+/- ACRES; AND BY PROVIDING AN
EFFECTIVE DATE. [PL20200002198] (COMPANION TO ITEMS
#9A & #11A) - MOTION TO APPROVE W/CHANGES BY
COMMISSIONER MCDANIEL; SECONDED BY
COMMISSIONER LOCASTRO – ADOPTED
MS. PATTERSON: Item 9B does require participants be
sworn in and ex parte be provided by commission members. This is
a recommendation to approve an ordinance of the Board of County
Commissioners of Collier County, Florida, amending Ordinance No.
2011-23, the Emmanuel Evangelical Lutheran Church of Naples,
Inc., Community Facilities Planned Unit Development and amending
Ordinance No. 2004-41 as amended, the Collier County Land
Development Code, by amending the appropriate zoning atlas map or
maps by changing the zoning classification of an additional 14
plus/minus acres from the Estates zoning district to Emmanuel
Lutheran Church Community Services Community Facilities Planned
Unit Development, and to add principal uses including colleges and
April 23, 2024
Page 24
universities, social service uses, government uses, medical office,
physical fitness facilities, and recreational facilities; to add necessary
[sic] uses for lodging/dormitory, retail sale of agricultural products
and mobile food dispensing vehicles; to revise development
standards, the legal description and master plan for property located
on the south side of Oil Well Road in Section 19, Township 48
South, Range 28 East, Collier County, Florida, consisting of 35.92
plus/minus acres; and providing an effective date.
Item #11A
POTABLE WATER AND WASTEWATER INTERIM
FACILITIES/SYSTEM AGREEMENT BETWEEN EMMANUEL
EVANGELICAL LUTHERAN CHURCH OF NAPLES, INC., AND
THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, ACTING EX-OFFICIO AS THE
GOVERNING BOARD OF THE COLLIER COUNTY WATER
SEWER DISTRICT, SETTING FORTH THE TERMS AND
CONDITIONS FOR PROVIDING POTABLE WATER AND
WASTEWATER SERVICES. (COMPANION TO ITEMS 9A & 9B)
(JOE BELLONE, PUBLIC UTILITIES FINANCE DIRECTOR)
(DISTRICT 5) - MOTION TO APPROVE W/CHANGES BY
COMMISSIONER MCDANIEL; SECONDED BY
COMMISSIONER LOCASTRO – APPROVED
MS. PATTERSON: And, finally, Item 11A is a
recommendation to approve a potable water and wastewater interim
facilities system agreement between Emmanuel Evangelical Lutheran
Church of Naples Inc. and the Board of County Commissioners of
Collier County, Florida, acting ex-officio as the governing board of
the Collier County Water/Sewer District setting forth the terms and
April 23, 2024
Page 25
conditions for providing potable water and wastewater services.
With that, Commissioners, before we swear the participants in,
ex parte disclosure.
CHAIRMAN HALL: Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes. Good morning,
Mr. Chair. I have had ex parte on all three of these items.
CHAIRMAN HALL: Commissioner LoCastro.
COMMISSIONER LoCASTRO: Same for me, and it was all
meetings.
CHAIRMAN HALL: Same for me; all meetings.
Commissioner Saunders.
COMMISSIONER SAUNDERS: Yes. I had meetings and
e-mails on all three of the items.
CHAIRMAN HALL: Commissioner Kowal.
COMMISSIONER KOWAL: Same here; meetings and e-mails
on all.
MS. PATTERSON: With that, all participants need to stand
and be sworn in by the court reporter, please.
THE COURT REPORTER: Do you swear or affirm the
testimony you will give will be the truth, the whole truth, and nothing
but the truth?
(The speakers were duly sworn and indicated in the affirmative.)
MS. PATTERSON: Mr. Yovanovich.
MR. YOVANOVICH: Good morning. For the record, Rich
Yovanovich on behalf of the applicant.
Now, Troy.
MR. MILLER: Just a moment.
MR. YOVANOVICH: Can I just use the --
MR. MILLER: It should work now, Rich.
MR. YOVANOVICH: Okay. Thank you.
With me today is Howard Isaacson, who is a representative of
April 23, 2024
Page 26
the church; Bob Mulhere is the planner on the project; Norm
Trebilcock is our transportation consultant; and Jeremie Chastain is
also a planner on the project.
The County Manager, in reading the title, basically explained
everything that we're asking to do on this particular project.
Troy?
MR. MILLER: I'm sorry.
MR. YOVANOVICH: Can I just use the keyboard?
MR. MILLER: Yes, sir.
MR. YOVANOVICH: Thank you.
The property is on the screen right now. It's a total of 36 acres.
We're adding approximately 14 acres to the property. The 14 acres
we're adding is this land right here, and you can see this smaller piece
with the house. That's what we're adding to the property.
The uses we're requesting basically are for a campus that,
obviously, provides for the church but also allows for a lot of
community services to be brought out to this area. I'm going to
briefly go over what was discussed at the Planning Commission, and
then if you have any questions -- the Planning Commission did
recommend approval, and staff recommended approval as well.
We spent some time talking about the medical uses and, really,
the desire is to be able to bring out a use similar to the neighborhood
clinic that is on Goodlette-Frank Road so -- and we went through that
discussion. No, we're not looking for retail-type uses or office-type
uses. We're looking for not-for-profit medical services.
And then we also spent some time talking about having actual
mobile food trucks, a limit of four, to come to the site to provide
accessory -- it has to be an accessory use to services that are
occurring on the site. We have an athletic field on the property that
is for the benefit of the community, and that athletic field is right
there, and we do have church services.
April 23, 2024
Page 27
So the intent is for the food trucks to address people who are at
the site, provide meals to those who want meals while they're at the
site.
Through the process, we made it clear there'll be no amplified
music; there will be no alcohol sales.
We identified an area, a line, because there was a concern about
if we were too close to the road we somehow would morph into a
food truck park, which is not the intention and is not permitted under
the use, and that line is right there.
And we were talking, essentially, about having the line be the
entire length of the parcel from this side to that side; however, I drew
the line only in the area that's on the master plan when I was making
the presentation.
What we're here to do is provide services to the community that
are not out there right now as this area grows in the future of Collier
County.
Again, staff's recommending approval. The Planning
Commission recommended approval. The only discussion related to
the food trucks -- and I think that's why the two members voted no
for the fear that this somehow would morph into a food truck park
and not be actual mobile food trucks that get there when they get
there. And they have to leave; they're not allowed to stay overnight.
So with that, that's a summary of where we were. Happy to
give a more detailed presentation if necessary. But with that, I'll
open it up to any questions you may have from me or my team.
CHAIRMAN HALL: Commissioner LoCastro.
COMMISSIONER LoCASTRO: I'm going to
let -- Commissioner McDaniel, it's your district. Why don't you go
first, sir.
COMMISSIONER McDANIEL: If you don't mind, I'd like to
see if we have any public comment.
April 23, 2024
Page 28
MR. MILLER: We do not.
COMMISSIONER McDANIEL: Well, with that, I'd like to
make a motion for approval with a couple clarifications, if I may.
The line that you drew during the Planning Commission meeting with
regard to the food truck parks not being any closer, I'd like to extend
it from property [sic] to property line across the board, if that's okay,
if we can make that reservation.
I want to clarify the point that we're not going to allow any
amplified sound, any other -- other than announcement of a
ballplayer that's coming on one of the fields or anything like that. If
it's a kid, we want to announce that loud.
And then third, I'd like to ask if the applicant would be okay
with an annual review of our staff with regard to code enforcement
complaints in regard to the food trucks. As you know, you
mentioned it in your presentation, that there's a concern about the
adoption of a food truck park, and we certainly don't want that to
transpire.
So the compromise is to allow staff to review the code
complaints, if there are any, and have those reviewed and brought
back to this board for a report. It can even be on a consent agenda
item. And if you'll -- if you'll relent -- or consent to that from an
annual review standpoint --
MR. YOVANOVICH: Sure.
COMMISSIONER McDANIEL: -- I'm okay with -- I'm okay
with your application.
MR. YOVANOVICH: So that would be fine. So, essentially,
you want us to add a provision under the commitments that staff will
report back to the Board of County Commissioners annually --
COMMISSIONER McDANIEL: Yes.
MR. YOVANOVICH: -- an annual review of the food truck
operations on site to make sure there's not been code cases?
April 23, 2024
Page 29
COMMISSIONER McDANIEL: And that doesn't
preclude -- that doesn't preclude us from stopping operations with
regard to those food trucks in the event that there are -- there are
negative circumstances transpiring for our residents.
MR. YOVANOVICH: Okay.
COMMISSIONER McDANIEL: And then the last point is
there is no access out on 39th South.
MR. YOVANOVICH: Right. And I do have that on the
master plan to show you that there is no access there.
COMMISSIONER McDANIEL: Right.
MR. YOVANOVICH: And that was a -- in response to
concerns from the neighborhood, we've removed that access point.
COMMISSIONER McDANIEL: Okay.
CHAIRMAN HALL: Commissioner LoCastro.
COMMISSIONER LoCASTRO: Yeah. I was going to echo
that, and I'll talk a little bit more about food trucks. But, you know,
the line, I think it was obvious it was supposed to go all the way
across, and so maybe that was just, you know, a technicality. But I
think we all understand the intent of the food trucks would be -- I
don't know north or south, but down from that line.
Here's the only thing, Mr. Yovanovich, on the food trucks, you
know, we've talked before that they sort of have gotten out of control
in Collier County, and we're doing our best to regulate them, but, you
know, a truck that's in place for an event, then when the event's over,
if there's a little more business, it sort of lingers. The terminology
used in my office that I really liked hearing yesterday that I didn't
hear today is that the trucks would be there for events only, and they
wouldn't -- they wouldn't linger for -- well, the event's over, but
there's still some people that are, you know, at the church, and the
guy's still selling, you know, lunch or whatever.
And if we're a little ambiguous -- the potential for this to turn
April 23, 2024
Page 30
into a food truck park, if there's business there. And, you know,
specifically yesterday, when we were talking and we were saying
"events only," I said, "So give me an example of an event where you
would roll in the food truck parks."
And then I believe it was the pastor, he said, "Well, we're having
a little fishing event for children in the lake," and then -- okay, great,
that makes sense.
But when that event's over, is the intent that the trucks, then,
would leave because there's no reason -- I mean, this -- this can be
also a very -- a possibly busy area that if the truck stayed and there
was no event, they might get, you know, residual business. I don't
think trying to turn this into --
MR. YOVANOVICH: No.
COMMISSIONER LoCASTRO: So could you just be more
specific for the record as to the intent of the food truck parks.
They're there for events, and then they would leave.
I know all food trucks are mobile, but we have food trucks that
are parked all over Collier County that haven't moved in a year. So
what's the intent? Just for clarification. Because I think you made
it clear in my office, but --
MR. YOVANOVICH: First of all, they are required to leave,
so they can't just stay there forever. Actually, Commissioner, we
had this discussion. While the athletic fields will be open to the
public and there will be formal events and informal events that are
occurring, the food truck operators are not going to come there for
two kids. But there may be informal practices and things like that
that it becomes obvious that that might be a good time to be there.
They won't be formal events. So what we agreed to -- we have
hours of operation, and it has to be consistent with uses that are
occurring on the property.
Okay. So formal events, no, there's not a limitation to just
April 23, 2024
Page 31
formal events, but they can only be there when the fields are
operating or church services are going on or it turns out that we have
the neighborhood clinic out there, they're in operation.
So it will be self-regulating because they have to go through
Mr. Isaacson, who's not the pastor. He's the administrator in charge
of all of this. But they will have to come through us. They will
have to be approved to come there. And they're not -- it's a
business -- you know, they're businesspeople. They're not going to
be there if things aren't occurring. But I don't want it to be -- and we
talked about this. It can't be limited to just formal events because the
fields are well used, and they're a service to the community, and if
people there are using the fields, we would like to have the
opportunity.
COMMISSIONER LoCASTRO: I agree with Commissioner
McDaniel. We'll monitor that, and as long as that's acceptable to
you, you know, and obviously we'll see. But we don't want this, you
know, exploding into there's really nothing formal going on on the
property, but people from Oil Well Road are driving down and going,
oh, food trucks, lunch, you know, and then all of a sudden, it's
become a restaurant location.
MR. YOVANOVICH: Understood. Understood.
COMMISSIONER LoCASTRO: Go ahead, sir.
COMMISSIONER McDANIEL: I have a comment on that,
and I'm number two. There's somebody lit up, so...
COMMISSIONER KOWAL: I'm lit up.
CHAIRMAN HALL: Commissioner Kowal.
COMMISSIONER KOWAL: Thank you, Chairman.
I agree with my fellow commissioners there on some of these
things. We really need to -- we need to tighten up the language on
this a little bit because this is -- I think we're treading in water that
we've really never treaded in before, this whole project and the way
April 23, 2024
Page 32
we're looking at it and it being a non-profit owned by a church for the
past decade, some of this property.
And, you know, I really want to tighten some of these things up
because -- I get it, and there will be kids in the neighborhood or small
groups that might show up, do soccer practice and do stuff like that,
but to me that's not an event. To me that's not -- you know, and then
it makes it hard on us because I think we have, like, four code
enforcement officers for all the Estates.
I mean, you're putting a strong burden on them to kind of keep
an eye on what's going on, if that's an event or not an event. And I
almost want to take it to the point where I think it should be
advertised events so you have an actual date and time and then we
have something to back check it against saying, all right, so this is an
actual event, no problem. Somebody rides by, they're there, good to
go.
But, you know, just the local guy that has four or five kids that
want to practice because they're in a soccer league using the field, to
me that's not an event, and that gives them the opportunity to say, all
right, well, I can be out there and some food truck pulls up, and next
thing you know, they're setting up camp there.
MR. YOVANOVICH: That's why we wanted the annual -- I
think the annual monitoring is to get to that issue, because we never
used the word "event," and if I did, we should have never used that.
We tied it to it had --
COMMISSIONER KOWAL: Well, I want to use it.
COMMISSIONER LoCASTRO: Well, I used it in my office
because that's what -- so sorry, but, yeah.
COMMISSIONER KOWAL: I'm not done. I've got more
things I want to tighten up. Go ahead.
MR. YOVANOVICH: Can I respond? I didn't mean to cut
you off.
April 23, 2024
Page 33
The whole -- this -- we've had two neighborhood information
meetings, and food trucks have always been part of the neighborhood
information meetings. That was never a concern for anybody who
lives in the neighborhood that these food trucks were somehow going
to morph into something bigger. Because we are not allowed any
amplified music. We're not allowed the sale of alcohol.
So these would actually be people providing food to people who
are actually there playing on the fields or attending a church service
or, you know, maybe, you know, going to the neighborhood clinic,
and using those as examples.
We're prohibited from advertising. We're prohibited from
having any signs on Immokalee Road.
So this is not intended to become some type of a restaurant. It
is intended to provide service to people who are out in this area using
the fields or attending any of the businesses that might be there or
attending a Sunday church or something else.
We struggled with the term "event" because, you know, we
didn't want to get stuck with having to get special-event permits
every time. I think the annual review will give us an opportunity to
see if this morphs into something that was never the intent of you-all
or of us either without providing really difficult limitations that
would automatically put my client into a code case.
I mean, do we -- we could publish a calendar with the hours of
operation for the field, and I think that would technically be an event.
And we didn't want to -- we didn't want to get into all of that. We
wanted to make sure by the setbacks, by the lack of advertising, by
the lack of alcohol, by the lack of music that this was simply going to
be a concession stand, if you will, for the ball fields, instead of
building a concession stand.
It would be -- it would be the commercial kitchen for the church
instead of building a commercial kitchen and fellowship hall. Those
April 23, 2024
Page 34
were the types of -- that was the intention of all that. And I could
bring Howard up to get into more of the details, but...
COMMISSIONER KOWAL: Well, your answer kind of rolls
into another part what I'm concerned about.
MR. YOVANOVICH: Okay, okay.
COMMISSIONER KOWAL: You stand here and you tell us
no amplified sound --
MR. YOVANOVICH: Right.
COMMISSIONER KOWAL: -- but then you talk about having
a church service, which there is no building, there is no church.
There's no worship center on the property.
MR. YOVANOVICH: That will be coming.
COMMISSIONER KOWAL: That will be coming?
MR. YOVANOVICH: Oh, absolutely. The church is coming.
COMMISSIONER KOWAL: Then that's great, because then I
think that needs to come at some point.
MR. YOVANOVICH: Oh, it's coming.
COMMISSIONER KOWAL: That will bring it all to fruition.
MR. YOVANOVICH: If I can --
COMMISSIONER KOWAL: So in the meantime, when you
have services out there, using the fields or whatever, are not the
pastors going to use amplified sound to broadcast -- or to, you know,
spread their word to their -- you know, their people of the church?
Or are they just going to yell very loudly?
MR. YOVANOVICH: Let me bring Howard up, okay?
COMMISSIONER KOWAL: No, I'm not done.
MR. YOVANOVICH: I know. I'm going to bring Howard up
to answer your questions.
COMMISSIONER KOWAL: At some point, will they want to
have, like, a concert there, bring a temporary stage in and, you know,
have a revival and things like that? I'm just trying to cover all these
April 23, 2024
Page 35
points that may happen.
MR. YOVANOVICH: If we were to do that, we would be
required to go through the special-event permitting process to provide
all the necessary assurances that are in that process.
COMMISSIONER KOWAL: Because I was confused, because
I was kind of being told that the way it's written, it's kind of -- you
have free run to do these things without having any checks and
balances, so that's why I wanted to put clarity on the record.
MR. YOVANOVICH: If we were to have a concert, we'd have
to get a special-event permit for that.
COMMISSIONER KOWAL: Okay.
MR. YOVANOVICH: Say your name for the record.
MR. ISAACSON: Yes, good morning. Howard Isaacson.
We were very explicit with county staff that, relating to the food
trucks, there is no amplified sound.
COMMISSIONER KOWAL: Okay. So just the food trucks
and the alcohol --
MR. ISAACSON: Just the food trucks because, Commissioner,
you're absolutely correct, when there is worship for folks to hear,
there needs to be some form of a sound system. We monitor the
decibels, and we work closely with our neighbors to ensure that they
are not disturbed. And, thankfully, there have been no complaints
up to this point in time, and we work with them to ensure that that
continues to be the case.
So, yes, specifically to the mobile units, no amplified sound, no
alcohol. They come in the morning, per our discussions with county
staff, they leave in the evening, and they're not staying there -- they're
not staying there full time.
COMMISSIONER KOWAL: Okay. So that brings me to
another question. I hate to keep asking these questions.
MR. ISAACSON: No, sir.
April 23, 2024
Page 36
COMMISSIONER KOWAL: I just want to be very clear, and I
want the people to see, you know, what we're doing here.
MR. ISAACSON: Sure.
COMMISSIONER KOWAL: Temporary lighting, because
hours of operation, we know in the winter months, 5 o'clock we're
dark, and you have operations of time on these fields after the hours
of darkness. Is there going to be any portable lighting brought in
running under generators until you have a structure on the property?
Because until you have a structure, you can't have any lighting
source.
MR. ISAACSON: So we do have a pavilion next to the
playground which is next to the field. There is lighting on the
pavilion and the pavilion area and, absolutely, you're correct, when
the sun is down, if it's dark and there's something going on, there
absolutely will be portable lighting, and we have done that in the past
and would continue to do that, of course.
COMMISSIONER KOWAL: So will they be there on a
permanent basis or temporary basis during the events?
MR. ISAACSON: Lighting?
COMMISSIONER KOWAL: Yes.
MR. ISAACSON: Our existing pavilion structure has
permanent lighting.
COMMISSIONER KOWAL: That's not what I'm talking
about. I'm talking about to light the field during games or whatever's
being played at night.
MR. ISAACSON: Well, if there are games being played at
night, absolutely, for safety's sake, there will be lighting. We, up to
this point in time, have not utilized the field at night out of respect for
the neighbors.
COMMISSIONER KOWAL: All right. Thank you.
CHAIRMAN HALL: Commissioner McDaniel.
April 23, 2024
Page 37
COMMISSIONER McDANIEL: If -- you want to go first?
COMMISSIONER LoCASTRO: Yeah. I wanted to give
Commissioner McDaniel the last word, just because I wanted to add
something.
I'm supportive of this project. I don't have issues with it. The
bigger thing -- and maybe this is more for the staff, Mr. French, our
code enforcement, you know, the folks that are going to keep
eyeballs on this: My biggest concern is precedent, because if the
language isn't tight in this, somebody's going to come to this podium
in a month and go, "Hey, remember that thing you did for the church?
Yeah, we want to do it over now -- over in East Naples or
somewhere."
So I don't know what verbiage, and that's where I say I leave it
to Commissioner McDaniel. I think -- I would second the motion
for approval of this, but I think we'd benefit -- it wouldn't change
your project at all, but it would benefit future projects if the -- if the
language was very specific in yours so nobody could come back and
use something that's a little bit ambiguous or a little bit loose in the
approval we just made, if we do, in fact, approve it, to use that as
precedence for something else. And then you see how this thing
snowballs. And we have had that sort of issue at food truck parks.
So, you know, it's, like, we want to get specific on exactly what
your intention is and make sure that the staff then can enforce it and
then nobody else can, you know, utilize it in a way to get something
that wasn't our intent down the road, but, you know, we've already
approved this with maybe looser language than we might be
comfortable with. And it might just be a word or two, and then that's
where I'll defer to Commissioner McDaniel here, sir.
COMMISSIONER McDANIEL: And with that -- and it also
has to do with Commissioner Kowal's comments. The County
Attorney shared with me an idea of a conditional approval with these
April 23, 2024
Page 38
requisites for the monitoring of the food trucks on an annual basis.
Portable lighting, I think we ought to stipulate a specific time when
they're off. I mean, that would help with regard to ambient lighting
all the way across the board. Does it say -- I couldn't find that in
here. Is it in here?
MR. YOVANOVICH: Our hours of operation --
COMMISSIONER McDANIEL: Okay.
MR. YOVANOVICH: -- for food trucks.
COMMISSIONER McDANIEL: For food -- okay. Well, the
food trucks come -- the portable lighting comes when we're utilizing
the fields.
MR. YOVANOVICH: There's -- right. So you're talking
about dealing with that as part of the field operation, which I don't
believe we have.
COMMISSIONER McDANIEL: Can we just --
MR. YOVANOVICH: I've got to find the hours of operation
for the field. But we would -- do we have hours of operation for the
field? I don't -- I don't think we have hours of operation for the
fields, but we're happy to add them.
COMMISSIONER McDANIEL: Mr. Bosi.
CHAIRMAN HALL: Mr. Bosi.
MR. BOSI: Mike Bosi, Planning and Zoning director.
There are hours of operation for the field under your athletic
field operations portion --
MR. YOVANOVICH: Thank you.
MR. BOSI: -- of the PUD, between the hours of 7 a.m. and
9 p.m. It does say that athletic fields will only be used during
daylight hours and will not be lighted until such time a principal use
is constructed. You read that, and the utilization of portable lights,
unless there's a principal structure, doesn't seem like that's in
alignment with the regulation that's being adopted. That is a
April 23, 2024
Page 39
concern.
If they're lighting these fields at night, they're going against what
the HEX regulation was that allowed them to develop this athletic
field before the principal use of a church has been developed there.
MR. YOVANOVICH: If I can clarify. Howard made it very
clear we have not lighted the fields at all.
COMMISSIONER McDANIEL: So if we stipulate the
portable lighting to match the hours of operation, will that cover what
we need to do?
MR. BOSI: Well, that would cover the allowance to utilize
portable lighting. Right now they're currently not allowed to use
portable lighting.
COMMISSIONER McDANIEL: Okay.
MR. BOSI: So whatever the preference of the Board is related
to that issue.
MR. YOVANOVICH: And we're -- and we're fine with
leaving the -- it is -- like, we're fine with leaving the hours of
operation and the prohibition on lighting until we have the principal
use, which is the church, which is coming fall of -- in about a year.
COMMISSIONER McDANIEL: And when the church
comes --
MR. YOVANOVICH: Then we can light the athletic field.
COMMISSIONER McDANIEL: -- then we'll have the
discussion about the approval for the church with the lighting and
timing of the lights at that time.
MR. YOVANOVICH: Well, right now they would be from
7 a.m. to 9 p.m., so that would be their hours of operation.
COMMISSIONER McDANIEL: So, necessarily, the lighting
won't transpire after 9 p.m.
MR. YOVANOVICH: Correct.
COMMISSIONER McDANIEL: Ever.
April 23, 2024
Page 40
MR. YOVANOVICH: Ever.
COMMISSIONER McDANIEL: And if we tie that to the
conditional approval for the food trucks and amplified sound and the
temporary lighting interimly and/or permanent lighting interimly all
to that 9 o'clock standpoint --
MR. YOVANOVICH: And we actually have shorter hours for
that. For the food trucks, their Sunday through Thursday is 7 a.m. to
8 p.m.
COMMISSIONER McDANIEL: I saw that.
MR. YOVANOVICH: Which is less than the 9 p.m., and then
on Friday and Saturday we could be the same, 7 a.m. to 9 p.m. So
they would be concurrent with the lighting.
COMMISSIONER McDANIEL: So the concerns that are
expressed by my colleagues with the conditional approval will allow
for a review by this board in the event that something transpires that's
out of Hoyle.
MR. YOVANOVICH: We agree.
COMMISSIONER McDANIEL: And if I may, Mr. Chair, I
don't mind approving all three, 9A, 9B, and 11A, with my motion.
CHAIRMAN HALL: Okay.
COMMISSIONER LoCASTRO: And I'll second it. I'll
second it.
COMMISSIONER McDANIEL: Now, just one point of
clarification, if I may. As far as the amplified sound, we want them
to be able to announce if there's a weather event coming. I mean,
these are common sense things. But I just want to say that out loud
that in the event that there's a weather event, we certainly want to be
able to warn the people that are there that there's lightning in the area
or something else, so...
CHAIRMAN HALL: I'd like to clarify. So I'm good with all
of this. You know, the food trucks, if we want to tighten up the
April 23, 2024
Page 41
language, instead of tying it to an event so that people have to define
that, why don't we just say "daily use"? That's the intent anyway. It
tightens up the language. It just keeps people from camping out
there.
Reality says food trucks are -- they're there to make money.
They're not going to go out there and sit when there's nobody there.
They're only going to be there when customers are there, so...
I've eaten a million tacos out of a taco truck, so I have a soft spot
in my heart for that.
But -- and then the amplified sound, we're not saying that they
can't do any amplification. They can announce, you know, a
baseball game. But what we're saying is if they have any bands or
revivals or something like that, then they have a special permit.
MR. YOVANOVICH: Right.
CHAIRMAN HALL: Okay. So with that, I'm all good for the
motion and the second to approve 9A, 9B, and 11A. All approve,
say aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN HALL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER KOWAL: Aye.
CHAIRMAN HALL: All opposed?
(No response.)
CHAIRMAN HALL: It's a done deal.
MR. YOVANOVICH: Thank you. And that was to move the
line as well, correct, Commissioner McDaniel?
CHAIRMAN HALL: That's correct.
MR. YOVANOVICH: I thought that was there.
COMMISSIONER McDANIEL: That was part of the
discussion, motion.
April 23, 2024
Page 42
Item #10A
THE BOARD CONSIDER ADOPTING A RESOLUTION
CALLING FOR A LEGALLY VALID 2024 GENERAL
ELECTION. (ALL DISTRICTS) - DISCUSSED W/DIRECTION
GIVEN; MOTION TO CONTINUE GIVEN AND WITHDRAWN
BY COMMISSIONER MCDANIEL
MS. PATTERSON: Commissioners, that brings us to
Item 10A. This is a recommendation that the Board of County
Commissioners consider adopting a resolution calling for a legally
valid 2024 general election. This item is brought to the agenda by
Commissioner Hall.
CHAIRMAN HALL: Thanks, County Manager.
I wanted -- I was approached with this resolution to bring it
forth. And it's not -- I've had a million e-mails. A million? Nine
hundred ninety-nine thousand. But a lot of them is misinformation.
It's mis- -- the motive is wrong.
We wanted to bring this resolution for- -- or I did -- bring the
resolution forward just so that we can begin a grassroots effort that
goes to every county in Florida to light a fire in this nation for fair
elections.
We have great elections in Florida. We have great elections in
Collier County, but it's just a joint effort within the grassroots, within
the people. You know, the people are the dog. The government is
the tail. We wag the tail, and for so long it's been the other way
around, and this is just an effort to change that.
So with that, Ms. Bolger.
MS. BOLGER: Thank you so much. That's a great summary.
My name is Pam Bolger. I do live in Collier County. I've been a
resident here for eight years.
April 23, 2024
Page 43
Thank you for the clarification that this is not a CCREC
resolution. This is a resolution prepared by an organization called
United Sovereign Americans, or USA. They are a 501(c)(4)
non-profit, nonpartisan organization of grassroots citizens. I'm here
today as a citizen, as a volunteer with that organization. I'm not a
paid spokesperson, but United Sovereign Americans is an
organization literally with thousands of active volunteers in more
than 20 states.
Today I come to you as a concerned citizen sharing alarming
information about our state's voter databases uncovered through
thousands of hours of research conducted by highly qualified and
credentialed data experts. While the numbers are staggering and a
lot to digest, one thing is clear: They don't add up.
Just like your checkbook must balance, so must our votes. If
you had 10,000 fewer dollars in your bank account than you had
deposited, you would certainly want to know what happened.
And if a company had a significant discrepancy such as this in
its books, the company would most certainly conduct an audit. In
fact, yearly audits are required by law for all public companies.
Our audit of the 2022 election, using only official data provided
by state elections officials, shows that the 2022 election may not have
been accurate or legally compliant. We are not saying one candidate
won over another or that any election should be overturned. The
state's official data from a certified election shows that the votes, as
counted, were not all valid and accurate under the law.
Today, we will present you with a resolution demanding an end
to the inaccuracy and uncertainty plaguing our elections, along with a
summary of our findings and the laws that apply. We are happy to
meet with you to go over this information, including more detail
about the specific findings. If you have questions that I cannot
answer now, I will commit to getting you the answer in writing from
April 23, 2024
Page 44
the United Sovereign Americans executive team as soon as possible.
This data and our request for an investigation will be shared
with state election officials and law enforcement. It's essential that
you, as our representatives, make it clear that these issues must be
taken seriously.
Today we come to you, our closest elected representatives, for
support and action. We're asking that you listen to the resolution,
ask questions if you have them, and then vote promptly for its
passage. Your action on this resolution will illustrate your
dedication and support to the concerns of all your constituents and
our country.
I will now ask my colleague Myra Jenkins to read the resolution,
and then I will have some closing remarks.
MS. JENKINS: Good morning. I am Myra Jenkins, and I'm a
volunteer for the Sovereign Americans, and I'm here to read our
resolution for a legally valid 2024 general election.
Whereas, it is a recognized civil right in the United States for
every citizen to have free and fair elections, quote, "And the right of
suffrage can be denied by a debasement or dilution of the weight of a
citizen's vote as effectively as by wholly prohibiting the free exercise
of the franchise," unquote. From Reynolds versus Sims, 377 U.S.
533, 1964.
Whereas, it is the duty of our election officials to guarantee our
elections are accurate and free from distortion and manipulation.
Quote, "Congress seeks...to guard the elections of members of
Congress against any possible unfairness by compelling everyone
concerned in holding the elections to a strict and scrupulous
observance of every duty devolved upon him while so engaged. The
evil intent consists of disobedience to the law," unquote. In Re Coy,
127 U.S. 371, 1888.
Whereas, our constitutional system of representative
April 23, 2024
Page 45
government only works when the following four tenets of elections
are upheld:
Number 1, the voter rolls must be accurate. National Voter
Registration Act, 1993.
Number 2, votes counted must be from eligible voters. U.S.
Constitution, 14th Amendment, Section 2.
Number 3, the number of votes counted must equal the number
of voters who voted.
Number 4, there can be no more than one in 125,000 ballots in
error by the voting system. Help America Vote Act, 2002.
Whereas, an open-source audit of the Florida 2022 general
elections conducted by the Florida state citizens has uncovered
evidence of massive inaccuracies that violate both federal and state
laws, including:
564,926 ineligible or uncertain registration violations found
within the Florida state voter roll database;
117,171 votes cast by ineligible or uncertain registrations;
88,635 blank ballots;
145,309 more votes counted than voters who voted in the 2022
general election. No one knows who cast them;
205,400, excuse me -- 205,744 apparent voting violations in
excess of the legal standard of our system of accuracy for a valid
federal election. The maximum allowable system errors in the 2022
general election for Florida is 62;
Certification as defined by law, an attestation of accuracy and
compliance, appears to have been fraudulent and illegal.
Whereas, these findings trample legal accuracy requirements of
the voting system during a federal election. Accuracy is defined as
the ability of a system to capture and report the specific selections,
absence of selections, made by voter without error.
Whereas, the intent of the voter must be known factually before
April 23, 2024
Page 46
certification can be lawfully conducted. Certification of an election
that varies from the law is an abridgment of the civil rights of the
citizen, a fraud ab initio. United States versus Throckmorton, 98
U.S. 61, 1878. Quote, "From time immemorial, an election to public
office has been, in point of substance, no more and no less than the
expression by qualified electors of their choice of candidates,"
unquote. The United States versus Classic 313, U.S. 299, 1941.
Whereas, Florida's 2022 general election appears to have been
invalid, depriving us of our guaranteed protection of natural rights
under a government duly and provably chosen by us, the American
people, resulting in incalculable damages to our families, our way of
life, and our fabric of these United States.
Therefore, we call upon our representatives to provide relief to
the people and to assurance of domestic tranquility by joining us in
demanding a valid 2024 general election that upholds these existing
laws and equitable principles of law.
Number 1, proof of citizenship and identity to register and vote
and not anonymous attestation.
Number 2, documented chain of custody of every ballot,
regardless of entry source, maintained from voter to vote count to
final canvass.
Secure ballots similar to currency. Where image technology is
used for tabulation, the security features must be verifiable in the
image.
Number 4, voter rolls certified accurate 30 days before the start
of early voting. Voters added after that date must bring proof of
citizenship, identity, and address in person to a qualified official at
each polling place.
Number 5, systems, machines, security measures, procedures,
infrastructure, policy, and conduct are required to be compliant with
the law regarding certification, testing, operational validation, and
April 23, 2024
Page 47
operational implementation. Any breach will require an adequately
strong audit to verify measured outcomes were within 10 percent of
the margin of victory at 95 percent probability.
Number 6, a scientifically randomized audit of real ballots must
be performed and meaningfully witnessed proving the error rate is
smaller than 10 percent of the margin of victory. Otherwise, a fully
witnessed hand recount must be performed. All parties with more
than 10 percent of the vote shall have full and effective observation
rights.
Number 7, election operations and systems must maintain
end-to-end chain of custody from voter to vote count to final canvass,
including auditable and witnessed transfer with paper records.
Number 8, adjudication must be signed off by party witnesses
and candidate witnesses with full and effective observation rights.
Candidates must be allowed immediate access to ballots, images, and
CVRs. Candidates may agree to use party witnesses solely at their
own discretion.
Number 9, end-to-end audits must be allowed by qualified,
insured, and bonded security, forensic, or financial auditors. These
shall not be personnel from within the election system.
Reconciliation will include the vote count, ballots, adjudication,
CVRs, ballot count, voter count, custody transfer, and all other paper
and electronic systems, including system logs, if applicable. The
aggrieved party must be allowed to select their own auditor.
Number 10, if the total of all unique variances above is more
than 10 percent of the margin of victory, at -- excuse me -- a new
election must be held in the state for those candidates affected unless
it can be provably corrected by manual recount, hand recount, with a
full review of records.
Number 11, waiver of requirements is not allowed. Only
end-to-end system compliance can guarantee the intent of the people
April 23, 2024
Page 48
is accurately recorded. Just obey the law.
Be it resolved that the Board of Commissioners in Collier
County, Florida, stand in support with the concerns and remedies
presented here. We implore the Collier County legislature, Florida
legislators, law enforcement, federal and state prosecutors, judges,
and both state and county board of elections to cooperate and fulfill
these firm requests of the people.
MS. BOLGER: Thanks, Myra.
You just heard a powerfully written resolution outlining massive
inaccuracies in our 2022 election from registration through
certification. In it, you heard us ask for meaningful remedies that
will proactively protect the validity of the 2024 general election for
all Americans. In fact, the resolution cited many U.S. Supreme
Court precedents that support the need for such actions. Laws are
being ignored or processes are not effective. Bottom line, the
checkbook is not balancing, and we need certainty.
The voting system which controls our most vitally important
right, the right to choose our representatives, is not producing an
accurate, trustworthy result.
Let's step back for a second and look at the big picture. A large
number of Americans, including many right here in Florida, have
questions about the trustworthiness of our elections. I think we can
all agree that we wish this was not the case, but official data shows
these concerns are valid, and the law says resolving them is essential
in securing our liberty.
At the same time, government representatives at all levels are
not being transparent or responsive to what our citizen audits have
found. Our right to choose our representatives in legally valid and
transparent elections is the foundation upon which our constitutional
republic was established. That right has been bravely protected over
the past two and a half centuries by the sacrifices of our brothers,
April 23, 2024
Page 49
fathers, mothers, and sisters.
You, on this board today, have a chance to show everyone who
defended American liberty and the citizens that you represent that
you value it also by passing this resolution demanding a valid general
election in 2024.
Our website showcasing our initiatives has some extremely
informative videos that explain the anomalies and violations of law
that are found here in Florida as well as in other states.
The website is unite4freedom.com. That's unite, the letter [sic]
4, freedom.com. I encourage you to check it out and learn more
about our organization. One more time, that's unite4freedom.com.
I appreciate your time and attention today. Be happy to take
any of your questions.
CHAIRMAN HALL: Thank you, Ms. Bolger.
Commissioner LoCastro.
COMMISSIONER LoCASTRO: Thank you, Mr. Chairman.
I'm sure we all have some questions. I just wanted to check
with Mr. Miller and see how many public comment we have.
MR. MILLER: Fourteen.
COMMISSIONER LoCASTRO: We have 14. I mean, so,
you know, my recommendation would be maybe we hear from, you
know, public comment and get perspective across the board. I'm
sure we all have -- you know, writing down questions as we speak. I
think I'll have even more after I hear from public comments. So
that's just my suggestion is that maybe before we start debating this
we hear from the public rather than have them sit in the audience for,
you know, two hours and maybe, you know, it will spark better
conversation between us.
CHAIRMAN HALL: Let's take three, and then we'll take a
court reporter break.
MR. MILLER: Yes, sir. Your first speaker is Laura Hansen
April 23, 2024
Page 50
Reynolds. She'll be followed by Dave Schaffel.
MS. REYNOLDS: Good morning. My name is Laura Hansen
Reynolds. I'm a citizen of Naples.
I was puzzled when I read about this proposed resolution for a
legally valid 2024 general election.
According to Governor Ron DeSantis, and this is a quote,
"Twenty years ago nobody thought Florida was a prime example of
how to conduct elections, but we have become a national leader by
running the most secure elections in the country."
And it's true. After the butterfly ballots and the hanging chad
chaos of Florida's 2000 general election with Bush v. Gore, our state
got serious about improving voter integrity.
On February 15th, 2023, Florida's Department of State issued
their required report on the postelection voting system audits of the
2022 general election, and their report on over- and undervote in the
gubernatorial race. These reports concluded that both the manual
and automated independent audits of the 2022 election were
99.99 percent accurate.
Grounded in Florida election law, our Collier Supervisor of
Elections office has an ironclad system of checks and balances on
every vote cast at every stage, ensuring that our elections are free,
fair, and accurate and follow state election law to the letter.
The public is welcome to join the supervisor and her staff for a
complete transparency tour demonstrating the checks and balances in
place, and many have taken advantage of this offer. I have been on
two of such tours, and each time I've come away tremendously
impressed with the quality of the integrity of their processes and the
training and the knowledge of their staff.
This proposed resolution has claims of massive inaccuracies but
no detailed evidence supporting these claims. Before any action is
taken on this resolution, detailed evidence needs to be examined by
April 23, 2024
Page 51
the public via Florida Sunshine Laws.
To imply that Collier County needs drastic changes to its
election systems is just not true. We have one of the best systems in
America run with excellent, well-trained staff.
It seems nonsensical for our commissioners to act on
unexamined outrageous claims that defy the actual statements from
our governor and our Department of State, plus our Supervisor of
Elections. If we simply continue our current adherence to the state
election laws, which include state-mandated voter IDs, preelection
testing of 100 percent of the tabulation machines, voting day checks
and balances of tabulations of paper ballots, secure cellular
transmissions of the encrypted election results, and postelection
audits, there is no reason to believe that our 2024 general election
will be any less than the 99.99 percent accuracy in the 2022 election
results.
Please vote no on this resolution. Collier County residents have
many issues that need your attention.
CHAIRMAN HALL: Let's wind it up. Thank you.
MS. REYNOLDS: Growth management -- this is the
end -- traffic woes, affordable housing, water quality, harmful algal
blooms all come to my mind, but our elections are and have been
secure, and this resolution is not necessary.
Thank you.
MR. MILLER: Mr. Chair, I had called Dave Schaffel next, but
he has 12 minutes from ceded time. Since we're up against the
break, should I call someone else instead?
CHAIRMAN HALL: Before we -- before we take a break, this
is a highly emotional topic. Everybody wants to get a chance to
speak. We don't need the applause. We don't need the boos. We
don't need -- we don't need any -- this is not emotional. This is
something we want to hear from you. So if you can, just refrain
April 23, 2024
Page 52
from clapping or booing or everything. Give everybody a chance to
speak fairly.
And with that, let's go ahead and take a court reporter break, and
we'll hear Mr. Schaffel when we come back.
MR. MILLER: Thank you.
CHAIRMAN HALL: Let's come back at 10:35.
(A brief recess was had from 10:26 a.m. to 10:36 a.m.)
MS. PATTERSON: Chair, you have a live mic.
CHAIRMAN HALL: Mr. Chairman, your next speaker is Dave
Schaffel. He'll be followed by Kate Tardif.
Mr. Schaffel has additional time ceded from Bruce Johnson.
Mr. Johnson, could you raise your hand to indicate your
attendance?
(Raises hand.)
MR. MILLER: Thank you.
Myra Jenkins?
(Raises hand.)
MR. MILLER: Okay. She spoke. I didn't know if we wanted
to -- and Terry Capsay.
(Raises hand.)
MR. MILLER: So he'll have a total of 12 minutes.
MR. SCHAFFEL: Thank you. Thank you, Mr. Miller.
Before I speak, I want to assure you I'm not going to take all 12
minutes. It's just in case. That's just a just-in-case thing.
My name is Dave Schaffel, and I'm a resident here in Collier
County. I've spent my entire 40-year career in the information
technology field in the private sector specializing in big databases,
data analysis, business intelligence, and security. I have been a
successful IT entrepreneur, inventor, and public company executive.
In the last few years, I have immersed myself in learning about
the technology behind our election systems, as well as the Florida
April 23, 2024
Page 53
election statutes that oversee the process.
I am just one of hundreds of private citizens with similar
backgrounds, many in Florida, many that I know, that have done
similar investigations. I have also engaged other -- others in voter
roll analysis and statistical studies of cast vote data right here in
Collier County.
First, I would like to say that I strongly support the resolution
presented to the commissioners today. Second, I want to emphasize
that this resolution in no way disparages or criticizes -- criticizes the
excellent work of the many volunteers that work the polling places
during our elections or the many hard-working public servants
employed in the Collier County Supervisor of Elections office.
This resolution has been brought forth today here in Collier
County as it has or will be similarly in other Florida counties. This
resolution outlines the reforms necessary to assure transparent and
trustworthy elections in the state of Florida.
This is not, and I repeat, not a mandate for the Supervisor of
Elections or any other public official in Collier County to violate
existing Florida election statutes. This resolution is brought forth
today as a grassroots effort to enlist the support of our duly-elected
commissioners to support the people's efforts for much needed
legislative change in our state's election laws.
Many of the issues outlined in the resolution exist due to glaring
loopholes that exist in Florida Statutes or the lack of enforcement by
administrators of existing statutes.
During the last session in the Florida House, state legislators
who understand the problems facing our elections, including Collier
County State Representative Lauren Melo, supported several
outstanding election integrity bills that were crafted with citizen
involvement. These bills dealt with the deficiencies in current state
statutes. Included were bills assuring and enforcing that only a U.S.
April 23, 2024
Page 54
citizen can cast a ballot. Vote-by-mail verification and chain of
custodies was improved, and the option for county SOEs to hand
count ballots to certify their county elections.
Hundreds -- excuse me -- of Florida citizens concerned about the
integrity of our elections, including myself, converged on Tallahassee
in January of this year to speak to each of our local legislators and
rally support for these bills. Unfortunately, leadership in both the
State Senate and House had no interest in considering any of this
much needed reform, and most of the bills were killed before they
ever got to committee.
State Senate and House leaderships' disinterest in making
election integrity reform a priority and taking this issue seriously
became a wake-up call for all grassroots -- grassroots citizens in the
State of Florida.
Citizens whose only desire is for fair and honest elections where
only legal voters cast a ballot and where the ballot they cast is
verified to be counted as marked.
Now, let me just run through a few examples of issues plaguing
the current process. Citizens demand that ballots are cast only by
authentic and verified U.S. citizens that are legal Collier County
residents, that their vote is not canceled, canceled out by non-U.S.
citizens or nonresidents of this county.
We know we have a growing number of noncitizens on our
voter rolls. The Secretary of State of the state of Florida admits it.
Local election administrators who report to him tell us it's a states
issue, and the Secretary of State for the state tells us it's a federal
issue, that there's nothing he can do about noncitizens voting in our
Collier County elections. That is unequivocally incorrect. There is
a lot we can do about that.
On the technology front, the vote tabulation machines we use to
count our ballots and certified using in the state of Florida use
April 23, 2024
Page 55
standards that were developed in 2005, 19 years ago when most of us
were still using flip phones.
Technological advances the last two decades rendered these
certification standards inadequate and obsolete. In fact, after being
told for years that no election hardware was connected to the Internet,
election officials finally disclosed recently, within the last couple of
years, that cell phone modems in these machines are now used to
transmit election-night data from the precinct through cell towers,
and the packet switched Internet to the county's SOE's central
election management system.
There is no possible way that a state using 2005 standards has
verified that this method of transmission is safe and secure. The
National Institute of Standards and Technology and top computer
security experts have warned that these modems can be hacked
remotely. NIST warns that using cellular modems or connecting a
county's central tabulator to a cellular network can allow remote
hackers to gain access to an entire voting system, inject mal-ware,
and/or change election results.
To make matters even more troubling, the Florida Secretary of
State has admitted in committee on December 7th, 2023, before a
committee on -- before the Florida House of Representatives that
there is not a single cybersecurity expert working in his department.
The vendor of our tabulators, ES&S, updates the software used
by these machines quite frequently. This software provides the logic
that transfers the votes on paper ballots to digital form; however, the
source code for this software is not subject to public audit or
inspection. It is entirely proprietary to the vendor and its
programmers to determine how our ballots are being digitally
recorded. We are told we just have to trust ES&S.
In my determination, substandard state statutes regarding
preelection testing of a small number of test ballots on a small
April 23, 2024
Page 56
percentage of machines to the public to be used in our elections is
insufficient; likewise, statistically insignificant postelection audits
are, likewise, unsatisfactory.
I can continue with more deficiencies on our election
infrastructure. We know -- through public inspection of public voter
rolls, we know that in counties in the state of Florida that our voter
rolls have been compromised by bad actors. One example is we
know an entire street in a certain county in the state of Florida, the
entire street of residences was flipped to another address and then
two months later flipped back to the original address. Why? Likely
to create undeliverable mail.
I can go on and on and on, but I only have a certain amount of
time here. And I will tell ya, as a technologist -- and you can talk to
any technologist worth his salt that will tell you, when it comes to our
elections, given our current statutes and our current lack of
certification and transparency, that less technology would be the best.
Technology is a problem.
This resolution is presented as a grassroots effort and movement
and a wake-up call to our state legislators as well to our Secretary of
State and our public administrators that we have had enough of their
sitting around and doing nothing.
The people ask you, as we have faith the commissioners of the
other 66 Florida counties will be asked to do, to vote yes to this
resolution, only then will Florida legislators take notice and have no
other choice but to take action.
The future of our country, the future of our state, and the future
of our -- of the country depend on assuring that we the people have
free and fair elections where the will of the people is assured.
Thank you.
COMMISSIONER SAUNDERS: Mr. Chairman, can I ask just
a couple quick questions?
April 23, 2024
Page 57
CHAIRMAN HALL: Sure.
COMMISSIONER SAUNDERS: I have a couple concerns
with this, but one of the concerns I had is when I first read over this,
my concern was that this was in some way an attempt to -- using one
of your terms -- your words, "disparage." I thought this may be an
attempt to disparage our elections officials, our elections here in
Collier County, our Supervisor of Elections, Ms. Blazier. I thought
that this was somewhat of an attack there. But you opened up
with -- and correct me if I'm wrong -- that in no way is this
disparaging of our elections or of our elections professionals or the
elections we've conducted in Collier County. So you're satisfied
with the way our elections are conducted here in Collier County?
MR. SCHAFFEL: Yes, I think the elections in Collier County
are run smoothly.
COMMISSIONER SAUNDERS: Okay. So we're talking
about other counties?
MR. SCHAFFEL: No.
COMMISSIONER SAUNDERS: Or the state, as well as other
states?
MR. SCHAFFEL: Well, what I will tell you is that there is lots
of things happening behind the scenes with technology. Historically,
our SOEs have been administrators. This has been the case in
Collier County and other counties throughout Florida. Most of these
people are administrators. They're not technologists. They trust
what's going on behind them. It's as if there's a curtain and they do
not care to listen to other opinions about what is going on from
experts on what's going on behind them. They take the word of
election machine companies and the politicians who are supported by
those machine companies, okay. That is -- that is the fact.
This is not a disparagement. They are doing their jobs in that
office, and they do a great job of running the election according to
April 23, 2024
Page 58
statute. And I want to make it absolutely clear that that is the case.
COMMISSIONER SAUNDERS: Thank you. Thank you. I
just wanted to clarify that.
MR. SCHAFFEL: Absolutely.
COMMISSIONER SAUNDERS: Thank you.
MR. MILLER: Your next speaker is Katie Tardif. She'll be
followed by Diane Preston Moore.
MS. TARDIF: Thank you. Pardon me.
I'm going to be reading something that was written by a very
good friend of mine who is an attorney, and I'll just jump right into it.
Dear Commissioners, we all want election integrity; however,
the resolution being proposed by Commissioner Hall is flawed and
flammatory and unnecessary. Allegations of voting irregularities
cited therein are not supported by hard evidence, and just stating
something doesn't make it true.
If there was real proof of such voting irregularities, why aren't
they challenging the Florida general election results in 2022 in court,
the legal remedy for this? Is Commissioner Hall saying his own
election in 2022, and some of yours, was illegal?
References are made to the credentials, and I believe that we're
all in agreement that the credentials of Jennifer Edwards and Melissa
Blazier are unimpeachable. They are standards of what supervisors
of election performance ought to be and what -- and the performance
of what their departments and their oversight should be.
So I'm going to reference a couple other points. Laws already
exist in the state of Florida prescribing qualifications in -- to
register -- to register votes, and they prescribe the identification
required at the polls. We have a robust chain of custody that the
SOEs have for all ballots, and we know that in Collier County we're
safe.
The prescribed voting systems that are allowable in Florida
April 23, 2024
Page 59
detail a voter's right to a secret ballot. This is -- there's -- I'm going
to cut to the chase here to say that what I'm saying are things that we
all already know.
Under the leadership of our Supervisor of Elections, we've
enjoyed vigilant, professional eyes of insistently nonpartisan -- of
insistently nonpartisan execution of her responsibilities. We also
have an outstanding League of Women Voters here in Collier County
who also are nonpartisan, insistently nonpartisan, and whose priority
is clean votes and a clean voting process.
I had other things that I wanted to say, but some of the
comments that we just heard gave me pause, and I want to
address -- address a couple of them.
Some of the comments that were made had to do with what's
happening in other parts of the -- other parts of Florida and maybe,
probably, other parts of the United States. But we know that our
process here is clean. Even if this were a piece of legislation that
was -- or a law that was sensible for other parts of the country and
maybe even other parts of Florida, it's certainly not necessary here
and, in fact, it's an affront and an insult to the professionals who run
our voting and elections operation here.
I think that this is something that should -- should -- could be
taken on the road but not in Collier County.
MR. MILLER: Your next speaker is Diane Preston Moore.
She'll be followed by Daniel Flinn.
MS. MOORE: Good morning -- good morning,
Commissioners. I'm Diane Preston Moore, and I'm the president of
the League of Women Voters here in Collier County.
Voting is at the core of the mission of the League of Women
Voters, and we believe that the foundation of our democracy is rooted
in the integrity of our vote. We support free and fair elections that
are administered in accordance with the law.
April 23, 2024
Page 60
If one were to read only the title of the resolution, it would be
difficult not to agree with the -- with the proposal. After all, who
wouldn't want a legally valid election? But the title belies the effect
of the resolution. Ironically, the title suggests that the resolution
would fix our purportedly broken elections process and make
elections valid, yet many of the demands are either already
incorporated into Florida law or the demands themselves are contrary
to Florida law. For example, Demand No. 4 suggests that voters
may be added to voter rolls after the rolls are certified. This demand
is inconsistent with Florida Statute 97.055, and that section specifies
the date for closing voter registration books and provides only limited
exceptions for changes to the books once that date has passed.
Adding voters after closing dates are not allowed.
The League supports good governance. This commission's
focus is local. It's on our county. This resolution is focused on
state law. This is the wrong venue to bring this up.
Further, this commission's strategic plan commits to responsible
governance through data-driven decision-making. The resolution
makes claims of massive inaccuracies and election laws violations in
Florida's 2022 general election. Nowhere in this resolution are those
claims supported by evidence. Saying that something is so does not
make it so.
The lack of data is troubling. When the League has a question
about how elections are run, we ask the experts. We ask our local
Supervisor of Elections office. Each election day and during
Canvassing Board meetings, which commissioners are a part of that
Canvassing Board, the League has observed firsthand the work that
our Supervisor of Elections office has done and continues to do to
ensure the integrity of our elections in Collier County.
We support the Supervisor of Elections' focus on following the
law in local elections. The demands included in the resolution do
April 23, 2024
Page 61
not follow the law and are not based on evidence, and so the League
respectfully asks that you do not support this resolution.
Thank you.
MR. MILLER: Your next speaker is Daniel Flinn. He'll be
followed by Karen Flinn.
MS. FLINN: Nope, no comment.
MR. FLINN: Neither of us have comment at this point.
MR. MILLER: Okay. Thank you very much. Your next
speaker is Cynthia Cromwell. She'll be followed by Amy Perwien.
MS. CROMWELL: Good morning, all.
COMMISSIONER McDANIEL: Cynthia.
MS. CROMWELL: I appear today as a resident.
COMMISSIONER McDANIEL: Cynthia, you can adjust the
microphone to fit you.
MS. CROMWELL: Is that better?
COMMISSIONER McDANIEL: You don't have to stand on
your tippy toes.
MS. CROMWELL: Okay. Thank you. Thank you.
I'm a -- I'm a 12-year resident of Collier County and a regular
voter. I've met many of you personally.
I take my responsibility very seriously by learning about each of
the candidates and to understand the voting system in Collier County.
Not only have I always voted, I have served as a poll worker. I have
attended candidate forums and observed the canvassing sessions
where each legally questionable ballot signature is examined and
discussed and voted upon. Several of you have been a member of
that Canvassing Board. Thank you for taking your duty seriously.
Elections across the state of Florida adhere to strict rules to
ensure integrity in all voting processes. We in Collier deserve to be
able to rely on elected officials to reject dangerous disinformation
and false claims that undermine the security and trust in our elections.
April 23, 2024
Page 62
This resolution would reduce public trust in our elections and
fuel harassment of the hundreds of Collier County citizen election
workers who work hard to ensure fair, accurate, and legal elections.
It would also divert the efforts of the Supervisor of Elections office
away from essential functions that do keep our elections secure.
Without producing any evidence of wrongdoing, this resolution
should never have come before this commission. I have certainly
seen that our Supervisor of Elections staff is hard working, honest,
and accurate. Our commissioners benefit greatly from their attention
to detail and following the law. You would not be here as elected
officials if this were not true. It is your responsibility to defend
citizens' faith in voting in Collier County elections.
I urge you to vote no on this resolution. Thank you.
MR. MILLER: Your next speaker is Amy Perwien. She'll be
followed by Tim Guerrette. And I hope I'm saying either one of
those names right.
MS. PERWIEN: You did well.
Like many in this room, I take the civic duty of voting seriously.
This upcoming election is the first time I will have five registered
voters in my household. All are looking forward to voting in a free,
fair, and accessible election.
The resolution states that an open-source audit of the 2022
Florida election by Florida state citizens found, quote, massive
inaccuracies, unquote. There are issues with this unsubstantiated
conclusory statement. First, who are the Florida state citizens? I
wasn't able to locate any group by that name. If they are just regular
citizens, what are their credentials and expertise?
Second, there is a significant problem with the data because the
methodology is not described and the sources are not properly cited.
This makes it impossible to verify the numbers. Even our CCPS
students know they need to clearly describe their research methods
April 23, 2024
Page 63
and accurately cite their sources.
Further, only state-level data are presented. It is rather curious
that no data are presented for Collier County. Why should Collier
County address a problem that has not been documented as even
existing?
It should be noted that the text of the first two pages of the
resolution are almost identical to a New York resolution from the
United Sovereign Americans website. Replace "New York" with
"Florida," and the whereas paragraphs of the document are the same.
Do we really have the exact same problems as New York?
The 11 requests in this resolution show a lack of understanding
and/or attention to current Florida election law, but perhaps most
concerning is that the resolution asserts that the 2022 general election
appears to have been invalid. This is the election that resulted in
Commissioners Hall and Kowal being on the dais today.
If Commissioners Hall and Kowal were fraudulently elected in
2022, they should not have been seated as commissioners. Not only
is this resolution being improvidently put forth by a potentially
invalid commissioner, it questions the legitimacy of the Board and
any of the 2022 elections. Pushing this narrative of invalid elections
undermines the public's confidence in elections and detracts from the
work that is of actual importance to this county. Our tax dollars
should be spent on problems that actually impact Collier residents
rather than chasing a problem that does not exist.
Thank you.
MR. MILLER: Your next speaker is Tim Guerrette. He'll be
followed by Melanie Wicker.
MR. GUERRETTE: Tim Guerrette, long-time citizen and
candidate for Collier County Commission [sic].
Good afternoon, Chairman Hall, Commissioners. Thank you
for the opportunity to speak.
April 23, 2024
Page 64
First off, Chairman Hall, I wanted to commend you for bringing
this resolution to the forefront and discussion. Very important.
Again, I think we're really on the focus of how can we improve
elections, how can we make things better. I think going into a
situation where things are status quo and everything is fine is never a
good position no matter what business you're in. Let's try to
improve on things.
It shows that -- your dedication, Commissioner Hall and the
commissioners, of secure, ethical elections in Collier County.
I want to let you know that I support a resolution that is seeking
to improve our elections here in Collier County and send a message
to Tallahassee that we are proactively seeking ways here in Collier
County to improve our elections.
As a candidate for Collier County Supervisor of Elections, I
want to ensure you and the Board and our community that I will
always be working hard to make sure our elections here in Collier
County are safe, secure, and ethical.
I will accept community input, which I think is one of the things
we are doing here today, to improve our elections, and I will build
confidence in the Collier County Supervisor of Elections office.
We will make that office a model in the state of Florida under
my leadership.
I do want to suggest that we carefully review the resolution just
to make sure, with the Board and Commission -- the Board and
community to make sure that we are able to implement these
appropriately under the law, each one of those resolution items. I
think that's important. And I also want to make it clear it is obvious
that our election officials, legislators, with the exception of a few,
Lauren Melo to be one of them, attitude is we are the gold standard,
this cannot happen here, we are running perfectly smooth elections
currently in Collier County, there are no threats, there's nothing to see
April 23, 2024
Page 65
here, blinders, this is unacceptable.
So I welcome the resolution and the ongoing commitment to
improvement to our elections both locally and nationally. I will
always listen to the community, which we are doing here today, and I
will always, always make sure -- and I encourage all of you, and it's a
great opportunity today, to listen to different things that can improve
on our elections.
Again, once again, thank you so much for your time and
consideration, and I appreciate you listening to the concerns of all
members and people here in Collier County. Thank you.
CHAIRMAN HALL: Thank you.
MR. MILLER: Your next speaker is Melanie Wicker. She'll
be followed by Vincent Keeys.
MS. WICKER: Hello. My name is Melanie Wicker. I'm a
full-time resident in Collier County.
When I looked at this document, I looked at the fine print on the
last page. It says, "This work is licensed to United Sovereign
Americans." So I Googled United Sovereign Americans, and I
found out a lot. Who are these people, and what do they believe?
The Antidefamation League characterizes them as a, quote, "A
large antigovernment extremist movement..." Sovereign Citizens are
known for their abstruse pseudo legal arguments. They engage in a
large amount of criminal activity. Sovereign Citizens, in recent
years, have been able to grow their movement by appealing to new
audiences, including anti-vaxxers, QAnon adherents, and MAGA
supporters. They also have quite a few of their former members who
have been accused of a wide range of crimes, many of whom are now
spending time in jail.
The Southern Poverty Law Center, which tracks racist and
terrorist groups in this country, describes Sovereign Citizens as
follows: Quote, "Sovereign Citizens believe they are not under the
April 23, 2024
Page 66
jurisdiction of the federal government and consider themselves
exempt from U.S. law. They use a variety of conspiracy theories
and falsehoods to justify their beliefs and their activities, some of
which are illegal and violent," unquote.
So while this document purports to be very concerned about the
legitimacy of votes in Florida, the truth is that Sovereign Citizens
want to destroy our American government altogether. And what
better way to do that than to instill doubt in people's minds about the
legitimacy of their vote. In other words, what this appears to be on
the face of it is, in fact, the opposite of what it's intended to do. And
these are the people you are courting. These are the ideas
Commissioner Hall wants your rubber stamp on.
While the ultimate anti-Democrat -- democracy candidate sits in
his criminal trial in Manhattan, you sit here in Naples staring at a
document he would really love.
This resolution is both a sham and extremely dangerous. Do
not approve it. You would be wrong to do so.
MR. MILLER: Your next speaker is Vincent Keeys. He will
be followed by a caller on Zoom that I'm told is Supervisor of
Elections Melissa Blazier.
MR. KEEYS: Good morning, Mr. Chairman and Board
Members. It is a pleasure to come forward this morning. I will not
question the legitimacy of your coming to this seat. You are county
commissioners duly elected by the people and for the people.
Collier County has no voter irregularities.
I have taken some long hours on Saturdays and during weekdays
to sit on the Canvassing Board here in Collier County. If this was
2000, I might entertain this resolution, but here we are in 2024.
Technology serves us in many ways. To make it the demon
here, I don't think so. We have questioned voter information, we
have looked at votes, and believe you and me, here in Collier County,
April 23, 2024
Page 67
we do a fantastic job.
I don't ever want anyone in this room today to believe by any
chance that you were not legitimately elected.
So I know you have received our letter. I'm humbly submitting
to you that this resolution is ridiculous, it's very costly, and it's
absolutely unnecessary. So I would encourage you and urge you,
please, vote no against this resolution. And thank you for your time.
MR. MILLER: Mr. Chair, our final registered speaker joins us
on Zoom. As I said, I have a phone number. I'm told it's Melissa
Blazier.
Melissa, you are being prompted to unmute yourself.
I believe on the phone that's a *6. And I'm seeing her still
muted at this point.
Melissa, try *6 again. There it is. Melissa, are you there?
MS. BLAZIER: Thank you, Troy.
MR. MILLER: Good. Go ahead.
MS. BLAZIER: All right. Commissioners. All right. I hope
everyone can hear me. I apologize for not being able to attend in
person today, but I had a prior commitment out of town that I could
not rearrange.
So for the record, my name is Melissa Blazier. I am the Collier
County Supervisor of Elections.
So as your Collier County Supervisor of Elections with over 18
years of election administration experience, I find this proposed
resolution to be deeply flawed and highly unnecessary. The majority
of the requests within this resolution, as I described to you all by
e-mail, are in direct violation of existing Florida law.
As election officials in Florida, my staff and I take an oath of
office to uphold both the U.S. and Florida Constitutions and to
implement Florida election laws. That's the role of a constitutional
officer, my role, to uphold the Constitution and laws specific to my
April 23, 2024
Page 68
function. That's exactly what we have done in Collier County and
what we'll continue to do.
And I know that this has been said, but our governor, Governor
DeSantis, he says it the best, and he's consistently said it; Florida is
the gold standard for election administration. Collier County is a
leader in the state for conducting excellent elections.
We have and continue to ensure the integrity of our electoral
process, and I urge you today to reject this resolution which will
further erode confidence in the conduct of honest, fair, accurate, and
transparent elections.
And with that, if you have any questions of me, I would be
happy to answer them.
MR. MILLER: And that's all the speakers we have, sir.
CHAIRMAN HALL: Great, thanks.
One of the hardest things I've ever done is sit here for 45
minutes and listen to things that don't even apply to what this applies
to.
We are not talking about our local Supervisor of Elections.
We're not talking about Collier County, in no way. If I was ever
illegally elected, I'd resign in three seconds.
So I just want to make it very, very clear. This resolution has
nothing to do with our local Supervisor of Elections, our local
integrity. It has to do with the people that -- it's a grassroots effort.
It's a movement to begin here and go with every county in Florida to
send to our state legislators and our state Senate to let them know
how important fair, accurate, and accountable elections are. That's
all it is.
I would agree with every single one of you wholeheartedly if
this was directed at our local elections, but it's not.
And I want you to just, if you have to, reach way deep and use
your imagination to understand what we're trying to say. We know
April 23, 2024
Page 69
that some of these things on here are not state law. It's the message
that we want to send to legislators to get to be state law. We want
fair, accurate, accountable elections. We want Florida to be -- we
want the fire to begin here.
I'll never forget how I felt the night of the 2020 election. It was
worse than I felt on 9/11. There was something just deeply wrong
with that. And I know several of you here in the room were ecstatic
about that. But there's nothing that was fair about that election.
When the results doesn't even show up and they've been
manipulated -- you know, I'm not going to go down that rabbit hole,
but there's a rabbit hole to go down.
So I just want to make it very clear before we hear the other
comments of my colleagues that this is not about us here in Collier
County. We have a superb system, and I have the utmost confidence
that we were all elected fairly; however, where improvement can be,
improvement is wanted, and that's the message that I send to you.
Commissioner McDaniel.
COMMISSIONER McDANIEL: Thank you, Mr. Chair.
I'm going to task you -- I love grassroots. This resolution is not
ready for prime time. It's been evidenced. There are contradictory
statements in it, and there's information inaccuracies. I want a
resolution from the local grassroots or -- and I'm pointing at you,
ladies. I want a resolution from our community members that abides
by what we as a Board of County Commissioners can, in fact, do.
To implore to our -- this resolution doesn't -- doesn't provide for
us to request our legislators for more accuracies in statute and so on
and so forth. This resolution stipulates a lot of things that aren't
consequential to Collier County.
And so my suggestion is we can -- I certainly don't want to fix
this on the fly. I do have edits that I want to -- I want to -- if we're
going to pass anything -- and I certainly hope we aren't passing
April 23, 2024
Page 70
anything today.
I would like to continue this item. I would like for you,
since -- since you're the one that brought this up, I would like for you
to grab onto it. I would like the ordinance to be adjusted to a local
grassroots organization. I would like the ordinance to adhere to
what we as a Board of County Commissioners can, in fact, do,
because there's not a soul who likes the ordinance or doesn't -- or
resolution, not -- I said "ordinance." I misspoke. Forgive me.
There's not a soul in this room who doesn't want election integrity,
not a soul.
And, I mean, Mr. Guerrette spoke, and he was very careful
about what he said, that he would support a resolution. I would
support a resolution.
This says what we can and cannot do. This resolution -- again,
the one that's been presented today is not ready for prime time by any
stretch of the imagination. So without an enormous belaborment, I
would suggest we continue it. I would suggest we -- you fix it. I
would like to meet with the folks that suggested that it be brought
forward to offer up my suggestions as to amendments and edits and
things that can, in fact, be done, and have it be specific to what we
can do at Collier County level with regard to requesting our
legislators to amend, adjust.
Dave Chappel spoke -- Schappel [sic]. I think it's Schappel.
He spoke about, "We always want to be looking for ways to improve
ourselves," and with information technology, that is evidenced on a
regular basis.
So that's my short answer. My motion is to continue this item
and have you fix it. That's a short --
CHAIRMAN HALL: Commissioner LoCastro.
COMMISSIONER LoCASTRO: Thank you, Mr. Chairman.
I've got a few things written down here, and they might be a
April 23, 2024
Page 71
little bit all over the map, but they're just comments as I was -- I'm
listening to folks.
First, I do want to say something to you, Chairman Hall, and I
mean this with no disrespect. I was unhappy in 2020, but I got to tell
you, as a veteran, I could never say it was worse than 9/11. I lost so
many people on 9/11 and afterwards, and so -- and maybe -- I
understand how you packaged what -- the meaning you were trying
to say, and so I realize you're not being disrespectful. I know you're
a huge supporter of veterans.
But I just want to go on the record to the fellow veterans that are
here, 9/11 was horrific, okay. Nobody died in 2020. I lost
hundreds of friends. I held dead people in my arms. I put
American flags over caskets and loaded them on airplanes after 9/11
and well after.
So, you know, I don't ask you to rescind those comments, and I
say this with all the respect, so I'm not -- I hope that you were --
CHAIRMAN HALL: You know what I mean.
COMMISSIONER LoCASTRO: Hearing this in a positive --
CHAIRMAN HALL: Two things affected my emotions. 9/11
did and the 2020. That's all I was saying.
COMMISSIONER LoCASTRO: Absolutely.
So I think, you know, sometimes, you know, as Commissioner
Saunders says, words matter, and we speak up here very quickly
whether it's about Domestic Animal Services or other things or
Conservation Collier and -- but I just wanted to go on the record and
say 9/11 was horrific, and I don't think that there's many things that,
you know, I hope will never top that.
Now I'll get back to the topic. One of the things I wrote here is
what I often find disappointing in these -- in these type of meetings is
when we have folks that come to the podium or send us, you know,
5,000 e-mails accusing us of doing something that they think is
April 23, 2024
Page 72
ridiculous when we haven't voted on anything yet.
I mean, you know, I'll give you an example. I can't tell you the
number of e-mails I got from people that said, "You're so stupid. I
can't believe you approved a Costco in East Naples." Costco hasn't
even come here for a request, you know. I mean, we haven't
approved anything. And so words matter to the public as well.
In my opinion, this is good, healthy conversation about a topic
that was important to citizens, important to Commissioner Hall. We
put it on the agenda. And, you know, this puts a focus and a
spotlight. Whether this gets approved or not on something that I will
tell you -- you know, when I speak with my constituents -- and one of
the things I wrote down here, there are definitely concerns by many
with regard to elections, and even in Collier County, and some of that
might be misinformation.
You know, I like what Mr. Keeys had to say is that, hey, you
know, we think there's no problem here in Collier County. What I
will tell you is I have citizens that come up to me and they're not sure
if there is, and so that's when we need transparent and open -- and I
realize that the Supervisor of Elections office is always open for tours
and different things.
But I will tell you, a couple years ago when we were getting a
lot of pushback from citizens who had -- who had concerns about the
lack of detail they were hearing from our Collier County Supervisor
of Elections office -- it's great you just say, "We're the gold standard.
The Governor loves us," but they had specific things that they wanted
actual answers to.
We as a body invited the former Supervisor of Elections here,
Jennifer Edwards, and within minutes after receiving our e-mail not
only did she decline it, but she declined it strongly basically saying,
you know, if you've got a question, come to my office, which was
very disappointing because when we have questions for our sheriff,
April 23, 2024
Page 73
who's also a constitutional officer, Sheriff Rambosk is here and
sometimes sits for hours to answer a two-minute question.
So I personally was very disappointed that -- I want to be able to
get back to my constituents and say, "Listen, I spoke directly to the
Supervisor of Elections. She came here and made a presentation."
And I appreciate Ms. Blazier, you know, being on the phone and
giving us, you know, her view of confidence of the Supervisor of
Elections office.
I looked closely at this resolution, and, you know, there's a
difference between a nice-to-have and a must-have. And so we've
approved resolutions in here before that I felt strongly about. You
know, I'm a concerned citizen. I'm a patriot, a veteran, and a strong
conservative. I represent all citizens regardless of political party.
I've said before to some people who have run for office, you need to
stop calling citizens "voters" after the election because when the
election's over, they're not voters. They're citizens. And whether
they voted for you or not, you represent them, and I take that very
seriously.
But when I look at this resolution, I guess -- I guess the positive
is it's brought focus on something that there are people, even in
Collier County, that have concerns. I just don't know if the way that
it's written accomplishes what we want. You know, like, when we
hear -- we want to send a message to the state that even if
everything's the gold standard in Collier County, we still want to
make sure at the state level or even beyond that -- you know, that
Collier County's got a spotlight on this issue.
But much like what Commissioner McDaniel said, the prior
ordinances that we had, the Bill of Rights ordinance -- gosh, I
met -- we all met with so many people in our office, plus and minus.
You know, we didn't -- we just didn't get 800 cut-and-paste e-mails.
So I'd be open, wide open. I'm a full-time county
April 23, 2024
Page 74
commissioner. Get on my calendar any day of the week, and I'd
love to hear more from both sides and not do a knee-jerk, you know,
here. You know, I saw this resolution. And I say this, again, with
respect. Sometimes things get put on the agenda, and it's to get us
talking about it, and so mission accomplished. But -- and if that's
the purpose, like I said, mission accomplished, and that's what we did
for Conservation Collier.
But, I think, you know, before we sign our names to something
that we send up to the state or wherever it goes, you know, it should
be something that we feel deeply about and that it's not, to use
Mr. Klatzkow, our County Attorney's words on something previous
he said, "Oh, you can sign it, but it's mostly ceremonial. It doesn't
do much."
I'm not big on signing ceremonial things. I mean, I want to sign
something that goes forward and does something, sends a strong
message. And this might, but I think it requires a lot more
discussion. And if that's going to be the result of this is, you
know -- and maybe some of the other commissioners don't want their
offices filled with people. But on previous ordinances, we had really
eloquent folks from both sides make appointments with us, meet with
us, got a little bit more organized, and, you know, came to future
meetings. And there were several ordinances that failed, you know,
once or twice, and then did pass or failed because of that sort
of -- that more organized approach.
But, you know, that's my view. I -- you know, I never like to
take away -- or I never will take away the ability for citizens to come
to the podium and speak their mind. It's just -- maybe don't throw
rocks at us when we haven't approved anything yet. Come to the
podium, and many did, and gave us their view as to why they support
or don't support this.
But we haven't voted or supported anything. I want to
April 23, 2024
Page 75
hear -- and that's what I'm looking for, if this is tabled, is mature,
professional conversations.
I mean, I appreciate the lady reading something from Google,
but I can tell you we can go to the website of that organization, and
they'll say they're amazing and unbelievable and they've saved the
world. And so you can always find two sides. Google me and
you'll find out all kinds of really bad stuff, and then you'll find out,
you know, all kinds of other things.
I'd like to talk on a more -- a higher level of professionalism and
information from both sides. So I welcome that.
And I wouldn't be comfortable voting on this and -- with the
information that I have now, and especially with the specificity of
how this is worded, I don't want to edit it on the fly either.
But I will commend the bringing of this forward, because in the
end we've improved Conservation Collier by having multiple
conversations, we have passed some ordinances in the past by having
multiple conversations and, you know, you have to start somewhere,
and I think that was, you know, Commissioner Hall's intent was
you've got to get it on the agenda somewhere and then see how it
goes forward.
So I'd echo similar to Commissioner McDaniel said: I'm not
here to shoot this down. I think you've got citizens on both sides
that think this has merit, and I've certainly heard from citizens who
have concerns or unanswered questions about how the election
process works, even here in Collier County. And as we've heard,
there's ways to answer their questions and calm their fears, or maybe
they'd be even more concerned if they saw or heard something in one
of those tours or talking to some other folks.
But, you know, having said that, I don't think any -- I'm
personally not prepared to, you know, vote on this and would
welcome -- have a wide-open door. Come and see me, and, you
April 23, 2024
Page 76
know, if you want my vote for this or against it, come and let's have a
professional conversation as to why you're for or against it.
I'm not looking to just send something to the state for
ceremonial reasons or just to sort of prove a point. But I do -- I do
agree that I have questions about how the elections work in our
county and in the state and the nation. And, you know, I've even had
some concerns about our current office here and have brought them
up with the prior Supervisor of Elections and even some of the
current staff. And I guess we'll agree to disagree.
But, you know, I think there's always -- I'll end it by saying
there's always room for improvement everywhere so -- and I think
our job is to always look at that.
So someone that comes to the podium and says, disregard,
Collier County's the gold standard, okay, do you work in that office?
I mean, I know people who do and come to the podium, and they do
have concerns that there is room for improvement. It doesn't mean
the staff's horrible. It doesn't mean the Supervisor of Elections isn't
doing his or her job. But, you know, there's so many things we've
improved in the county and we're proud of that actually weren't
broke, but we did make it better.
I don't know if that's the case here, but I'm not willing to dismiss
this because, you know, the Governor, with all due respect, made a
speech saying Collier County was great and wonderful. There's a lot
of things in Collier County that are great and wonderful but still have
room for improvement, and I think our job as elected officials isn't to
discount or overlook things that seem to be okay because somebody
told us they were, you know.
I mean, we're about to dig into the county budget in a big, huge
way, and there's people who would come to this podium and say, you
know what, everybody's -- they're all budgeted fine, you know. I
mean, you can do a little quick check. But we're about to do a deep
April 23, 2024
Page 77
dive not because we've seen, you know, big, massive problems, but
because all five of us think it's time to shine a spotlight on some
things and prove that something is as good as it can be.
And I think if you go into any leadership position, whether it's
elected office or you're running your own company, you do yourself
a huge disservice if you discount things because, you know, they
seem to be okay. If it ain't broke, don't fix it. You know, that
works for some things, but I'd support digging into this a bit more.
And if in the end it just leads to healthy discussion and maybe a
resolution -- an ordinance or a maybe not, I don't think that's
necessarily the goal, but I think the discussion leading to this possibly
being eventually passed or not is the more valuable piece.
And I have a lot of -- a lot of questions. And like
Commissioner McDaniel, I don't want to edit it on the fly here in a
commissioner meeting, but I appreciate it being brought, you know,
forward, because I have had constituents that -- that
somebody -- somebody said we don't want to instill doubt in the
voters. Hey, I can tell you right now, there's people outside this
room that have doubt, even with Collier County.
And so then our job is to either prove that their doubt is not
legitimate and that we answer the questions or, you know, maybe
agree to disagree. But anybody that thinks, you know, everybody in
Collier County feels that everything across the board is the gold
standard, having been to one of my 300 town hall
meetings -- because this comes up a lot from people that maybe just
need to be educated more, you know, their concerns may be valid.
So I'm for continuing the conversation. I think this is a valid
topic that has merit, and certainly the citizens do as well, and I
appreciate the time.
CHAIRMAN HALL: Commissioner Saunders.
COMMISSIONER SAUNDERS: Thank you, Mr. Chairman.
April 23, 2024
Page 78
I think all of this is well intentioned. I think -- Commissioner
Hall, I think, your goal is to make sure that elections in Florida and
around the country are safe and secure and ethical. No one can
disagree with that.
I'm prepared to vote against this particular resolution, and I'm
going to go through a couple of the reasons, and the reason I'm going
to do that, Commissioner McDaniel, is I don't think we should
continue this particular item. I think this resolution is flawed to the
point that it just needs -- we just need to start all over again, and I
think Commissioner Hall can certainly do that and bring us back a
resolution that accomplishes his goal and answers at least -- or
addresses some of the concerns that I have. So I'm going to go
through a couple of these as to why I think this should not be
approved today.
There are findings in this resolution, and I'm going to go through
a couple of them because they're very concerning. The first whereas
says, "An open-source audit of the Florida 2022 general election
conducted by Florida state citizens has uncovered evidence of
massive inaccuracies that violate both federal and state laws," and
then they go through this conclusion of facts. Well, I'd like to
see -- I'd like to be able to do some research myself to see if those
facts are really accurate, but we can't make a finding of these facts
without doing some research ourselves.
Secondly, "Certification as defined by law and attestation of
accuracy and compliance appears to have been fraudulent and
illegal." Well, when you start tossing around words like
"fraudulent" and "illegal," adding the word "it appears to be," I think,
is kind of a -- kind of a misstatement. It either is fraudulent or it's
illegal, but to say, "Here are some facts, and this appears that it may
be fraudulent," I don't know that we want to make a finding of that
without doing our own research.
April 23, 2024
Page 79
A third one, again, another whereas, "Florida's 2022 general
election appears to have been invalid." Now, I don't know that I
want to make a finding in a resolution that says the 2022 general
election in Florida was invalid especially when you have the
Governor -- and I'll almost quote something that was already said
about the Governor saying this was the most secure election in the
country. I think someone said there was a 99.99 percent accuracy
according to the Secretary of State in the Secretary of State's final
report, and we're about to make a finding that the election appears to
be invalid. I don't think we can do that. I think that that would be
inappropriate and wrong. And so I don't think this -- and for all of
the other reasons, I don't think this can be corrected, certainly on the
fly.
And then just the form of it. We don't do resolutions here
where we all sign it and say, okay, I voted for this or I voted against
that. I want to stick to the form that this county has used for
resolutions since, I guess -- probably for the last hundred years. I
don't want to deviate from that. So the form of this is, in my way of
thinking, just something that we cannot accept.
And then you get into the appendix, and it says, the appendix to
the resolution has a series of different things, and it appears that
we've done the research, and we've done this resolution, and I can tell
you, I have not looked at any of these things, and I'm sure that no one
on this board has looked at all of them, if not any of them.
And then it was pointed out down at the bottom, this work is
licensed to the United States Sovereign Americans. Well, I don't
know what happens when we start passing resolutions purported to be
our resolutions with that type of language in it.
So this -- this resolution, mainly because of the, I think,
probably inaccurate conclusions in terms of the facts, is something
that we should not approve, and I don't think can be fixed.
April 23, 2024
Page 80
I was really delighted to hear -- and I'll probably mispronounce
[sic] the name wrong as well, but Schaffel. I was delighted for
Mr. Schaffel to say that he felt that our elections office and our
Supervisor of Elections were doing an excellent job. Of course, he
pointed out that the problem isn't with our office, with our Supervisor
of Elections. The problem is with state law that he's pointed out.
And so I'm really delighted to hear that we don't have a concern
about what's happening in our community and our county with our
elections. We're all confident that we have safe, secure elections in
Collier County.
Now, if there's a problem with state law, then, obviously, those
issues need to be addressed by the legislature, and I certainly would
support a letter or even a resolution if we could point out specific
problems with state law that we want our delegation to improve upon.
Let's let them know what those improvements are.
And, Mr. Schaffel, I think you're probably the type of person
that could give us a list of those things. We have a lobbyist in
Tallahassee who will respond to what we want her to respond to in
terms of our priorities. If election reform is one of our
priorities -- and I know it's a priority of Commissioner Hall, and I
respect that, and I agree with it -- let's figure out what those problems
are and let's direct our legislative delegation and our lobbyist to work
on those things to make real reform.
I don't think passing this resolution moves the needle, but I do
think if we have solutions and we instruct our lobbyist to work on
those solutions, I think we can actually make some progress.
And so, Mr. Schaffel, I would basically task you to tell us what
these changes are that we need to do, and let's get to work on them.
I would support that wholeheartedly.
But I think this resolution sends a message that we do have a
problem in Collier County. Even though it's not intended, I think it
April 23, 2024
Page 81
does that. I think it fosters a little bit of concern and perhaps fear
that our elections are not safe and secure in Collier County, and that's
why I think we need to put this aside, just say no to this resolution
today, or just not vote on it. And then, Commissioner Hall, come
back over the next several weeks with some recommendations on
how we can fix things in Florida. So that's my position. Not to
continue this, because I think all that does is continue the same
dialogue we just had today.
Let's start all over again with something that I think will be
meaningful.
CHAIRMAN HALL: Thank you.
Commissioner Kowal.
COMMISSIONER KOWAL: Thank you, Chairman.
Listen, I think we all want, you know, legal, valid elections
moving forward. We all understand that, and I think we're all on
board. I mean, that's just the American way. We want to make sure
our vote counts. You know, it's -- that's our right as citizens of the
United States of America.
And that being said, I got this probably Thursday night. I didn't
realize it was on the agenda until Thursday, and I started -- I tried to
do a quick dive into it. And I misunderstood where it came from,
and then I got some clarity just a day or two ago where it came from.
So I started to do a quick research on my own, and believe it or
not, I found the same exact -- I think the one lady up here was
speaking that -- I found a similar, almost verbatim document, at least
a portion of it, from an organization out of New York, and to me it
just sent up kind of like a light. Like, wait a second. I don't take
my marching orders, definitely not from anybody from New York,
so -- or California.
COMMISSIONER McDANIEL: Definitely.
COMMISSIONER KOWAL: So it just made me think a little
April 23, 2024
Page 82
bit more about it. And, listen, there's some good things in here, and
there's some things in here that, you know, I would almost have to
violate my oath to office, you know, because I raised my right hand
to uphold the United States Constitution and the Constitution of the
State of Florida, and we know our government and our forefathers
designed our government to have checks and balances. You know,
we have different branches of government to do certain things just for
that reason.
You know, our constitution says our legislators will enact and
pass laws in your state on how your elections are run and handled.
Then there's a constitutional officer elected, which is the Supervisor
of Elections, to carry out those laws and those procedures that are
passed down from the legislators.
You know, we're county commissioners. We do carry, our
constituents here in Collier County, their voices and their concerns.
And by no means Collier County is perfect in their elections. I've
personally had friends call me up and say, I just got a ballot mailed to
my house from the guy that used to own the house 10 years ago, you
know. Those things do happen, and they even happen here in
Collier County.
I got the rolls when I was out knocking on doors, 2,000, 2,800
doors in August and July campaigning, and I got to doors where the
people were deceased already or didn't live there anymore, you know.
So there is inconsistencies, and there are things that need to be
cleaned up.
But I kind of agree with a few of my colleagues up here that I
don't want to put my name to something that it's almost like a generic
cooker-cutter resolution that might be passed around. Because I
even researched the organization, as quickly as I could, and I think
they -- similar to something in Illinois, this organization presented
something to a county there, not so much, I don't think, in a
April 23, 2024
Page 83
resolution, but more or less public speaking. I don't think there has
been any resolution presented in any of the 67 counties in the state of
Florida other than this one so far from this organization.
And I do want to clarify, and the young lady at the podium kept
talking about Sovereign Citizens. I've dealt with Sovereign Citizens
in my past career. That's totally different than what the Sovereign
Americans are. This is not a Sovereign Citizens organization.
I don't want that confusion to be out there, because if you
Google "Sovereign Citizens," you will find some very horrific things
and things that they don't believe in. They don't believe in driver's
licenses, they don't believe -- they call theirselves travelers. There's
a lot of things out there that they do that don't -- you know, that aren't
specifically rights; they're privileges that we all enjoy here in this
country.
So, yeah, if I'm going to put my name to something, I want it to
be something that has some teeth to it and something that's particular
that our legislators can take and carry to Tallahassee and make some
improvements, needed improvements that I think, you know, we
definitely need everywhere in the State of Florida.
Now, I have to commend our governor, because I think he did
some things no other governor I've ever seen in my lifetime where he
actually started a task force. He removed the Supervisor of
Elections in Broward County the minute he got into office from what
she was doing there and the things they investigated and found out.
They've made a multitude of arrests already in the state of Florida for
voter fraud. I think he's trying to do his part.
And in reality, if you say the 2022 election is invalid, he's not
our governor because he got elected that same year, too,
overwhelmingly in the state of Florida. So, I mean, probably the
biggest margin ever for a governor in the state of Florida.
So, you know, with that being said, I would love to have
April 23, 2024
Page 84
something before me that we can definitely dissect and say, yeah,
these are meaningful things that I think need to be changed, and we
can carry that voice to Tallahassee with our signatures on it and say,
you know, let's go on from there.
But I don't know if just -- you know, at face value, I haven't had
enough time to really search a lot of things in here myself.
So even some of the things that some of the opposition says,
they say 99.9 percent, you know, but was that actual counted ballots,
or was that actually back-checked to real ballots? A machine can
count a ballot accurately and punch out a number, and you can keep
sending it through and through, and it will give you same number
over and over again. But is that ballot -- was it actually validly
casted? And I don't know if that was even clarified in the
99.9 percent.
So there's just certain things that I wanted to take a deeper dive
in before I put my name to it. So I think that's kind of the way I feel
about it right now.
Thank you.
CHAIRMAN HALL: So I brought this forward because it's
obvious I'm passionate about it. Elections are state's rights. I wish
we could influence Michigan elections, Pennsylvania elections,
Georgia elections, Arizona elections. I wish we could, but we can't,
but we can Florida.
And I'll agree, there's some language in here that I don't like. I
don't like the assumptions. I don't like the judgmental statements.
You know, whereas, it's -- you know, "Florida had an invalid
election." I don't -- that's judgmental. I don't like the judgmental.
And I guess, mainly, in listening, this resolution has been perceived
in a way that I never considered it ever being perceived.
So I would like to take it -- whether it's this one -- or take a part
of it or take the good part of it out. But I do want to make the
April 23, 2024
Page 85
language clearer, that -- that the message is to our statute legislators
as to what the people would like to see to make our elections sound,
safe, accurate, and accountable.
And so since the -- since this resolution doesn't convey that
message, I would be willing to -- you know, to table it and come back
with something that does say -- that does say the message that I have
in my heart.
As far as the 9/11 comment, there's no disrespect to anybody
that lost their lives. That's a horrible time in our country. I'll never
forget how I felt that morning. I'll never forget how I felt. And my
comment about that was I'll never forget how I felt on election
morning of 2020.
It was unprecedented in our country. And we lost -- we lost
friends, and we lost family, and we lost people in 9/11, but I felt like
potentially we lost our country that day. And so that's the passion
that I bring this forward. So no disrespect. Not at all.
COMMISSIONER LoCASTRO: I appreciate that, yes, sir.
CHAIRMAN HALL: Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes. Thank you, Mr. Chair.
You know, Commissioner Saunders, you and I often say the
same thing, but we say it differently. I think you've heard five of us
say we're not going to pass this ordinance as it reads today, but on the
same token I don't want to deny -- I have no -- I'm not voting for this
ordinance as it's printed. I wish to continue it. I gave direction in
my motion for continuance for Commissioner Hall who lit up to fix
it, and it needs to be fixed. I don't disagree that the discussion is
there.
I would like to ask those that are in opposition of the ordinance
to give a little grace to Commissioner Hall. Sometimes as
commissioners you got to do things that you're not necessarily
driving the bus on. You have to do it because you're a
April 23, 2024
Page 86
commissioner. If anybody's received a code enforcement complaint
from me, it's not because I drove by your house because you were
doing something illegal, it's because -- it's because one of your
neighbors has concerns about what you're doing and having too many
campers in the backyard. So sometimes we get to do things.
My suggestion is, continue this item, bring it back. I want it
from a local grassroots organization. That's something that I can
support. I want it to be specific with regard to issues that are
existent within Collier County that we can, in fact, appeal to our
legislators on for improvement across the board. I want it to be,
obviously, all of the things that Commissioner Saunders -- I have a
litany of repairs to this that I've gone through. I didn't do any of the
research, as Commissioner Kowal stated. I'm not going to do
research on something like this from an organization that's outside of
our community. I don't have the time or energy or inclination. I
want something from our folks that are here that have due concern
with regard to what's, in fact, going on.
So having said that, my motion still stands to continue the item
and give direction to Commissioner Hall to fix it.
CHAIRMAN HALL: Commissioner LoCastro.
COMMISSIONER LoCASTRO: What's the slight difference
between continuing it and, as Commissioner Saunders was saying,
we elect to not vote on it? Same, or is there a slight nuance?
MR. KLATZKOW: There's a slight nuance.
COMMISSIONER LoCASTRO: Yeah.
MR. KLATZKOW: Commissioner Saunders would have the
Board reject this proposed resolution. We can always come back at
another meeting in a different form.
COMMISSIONER SAUNDERS: I'm not suggesting that you
necessarily have to reject this. We don't have to vote on this --
COMMISSIONER LoCASTRO: Yeah.
April 23, 2024
Page 87
COMMISSIONER SAUNDERS: -- if you want to just let it go
away. But I will tell you, I can't vote to continue this document --
COMMISSIONER McDANIEL: No.
COMMISSIONER SAUNDERS: -- for reasons that I said.
But I will support an effort to draft a new resolution. Sometimes
you have to start over from scratch. I think trying to take this
document and fix it is going to drive you crazy. But I think if you've
got a mission, which is to fix election laws in Florida, let's do a
resolution that deals with election laws in Florida. We don't need all
of this stuff that's in here to do that. That's why I would vote against
a motion to continue. I would also vote against a motion to table,
because that has certain legal significance. I would support just
letting this go away today. We don't have to vote on it. If we do
vote on it, I'll vote against it.
But let's have Commissioner Hall come back with a new
resolution. This is not an ordinance that's been advertised. It's just
simply a resolution.
COMMISSIONER LoCASTRO: I always like the idea -- and I
think I've still got the floor, right?
I always like the idea that when we have this type of healthy
discussion, that we elect to not vote on it because the minute we vote
against this, the front page is, you know, "Commissioners hated it."
Commissioners -- the thing. Or, "Yay, citizens won. You know,
Commissioners were made fools out of."
This isn't ready for prime time, and we have the opportunity to
sit here and say, "I'm not voting for or against." I'm not voting on
this at all. It was brought to our attention. A spotlight was put on
it. We have varying questions here.
And so I don't want to write the narrative, you know, we'll see,
you know, an hour from now on social media -- which would totally
not capture the intent of what happened here, but people will write 10
April 23, 2024
Page 88
pages on it who weren't even at this meeting or even watched it on
TV but got an e-mail from somebody that said, "You won't believe
what those stupid commissioners did." So my proposal would be,
I'm not voting on this.
And, lastly, to maybe end it on a little bit of a lighthearted note,
when Senator -- or when -- yeah, when Senator Burt Saunders,
former senator and now commissioner, said a hundred years ago
there was a template for the resolution that's always been used, he
actually was in this room and, on parchment paper with a quill pen,
came up with that template, so, you know, he would know. He
would know.
But anyway, that's my stance. I'm always -- I always feel better
when we have this kind of discussion and we decide that if it's not
ready for prime time, we don't vote on it. We don't try to send some
sort of signal that I vote for or against.
There's nothing -- in my opinion, there's nothing to vote on.
We had healthy discussion. We've given direction. Commissioner
Hall has said everything I wanted to hear, which is, you know, I'll
lead the charge, and we've given homework assignments to some
people out here. Our doors are wide open, and I think mission
accomplished. So that would be my stance.
COMMISSIONER McDANIEL: Just one quick response. I'll
withdraw my motion to continue. I like the idea of not voting on it
for now.
I do want to reiterate that I'll be willing to meet with anybody
that wants to talk about it, wants to go through these items.
I do have a question for the County Attorney as far as
communications amongst us. We're not even allowed to even barely
say hello to one other outside of these chambers when Terri's sitting
down there writing down all my misspoken words and the TV's on.
How do we get our communications to Commissioner Hall with
April 23, 2024
Page 89
regard to suggestions and edits?
MR. KLATZKOW: I think you could, each commissioner,
individually contact the County Manager with what the thoughts
are --
COMMISSIONER McDANIEL: That would be fine.
MR. KLATZKOW: -- the County Manager can coordinate.
COMMISSIONER McDANIEL: And that clarifies a path for
those of interest that have suggestions and things to go forth and
persevere. So I'm good with that.
COMMISSIONER KOWAL: I just want to echo that my door
is always open, too, and I really want to learn and educate myself
more on this subject so we can move forward on a --
COMMISSIONER McDANIEL: Except for when he leaves at
night. He closes it when he leaves.
COMMISSIONER KOWAL: I do close the door when I leave
at night because you guys go in there and take my stuff.
COMMISSIONER SAUNDERS: I think I -- I think can add to
that obviously we all want to have as much public input as possible,
and so my door's always open as well. I'm not always there, but my
door's always open.
CHAIRMAN HALL: Dave and Pam, do you-all hear our
heart? Do you get -- okay, good. Just as long as you all understand.
We'll not vote on this. We'll take -- everybody, if you can just
give the County Manager what you would like to see or -- and we'll
make the message clear and talk about this again. Everybody
happy? Me, too. It's lunchtime.
So with that, let's take a lunch break. We'll be back at
1 o'clock.
(A luncheon recess was had from 11:54 a.m. to 1:00 p.m.)
MS. PATTERSON: Chair, you have a live mic.
CHAIRMAN HALL: All right. County Manager.
April 23, 2024
Page 90
Item #10B
UPDATE ON THE STATE VETERANS’ NURSING HOME
PROJECT FROM THE FLORIDA DEPARTMENT OF
VETERANS’ AFFAIRS. (ALL DISTRICTS) – PRESENTED
MS. PATTERSON: This brings us to our 1:00 time-certain.
This is Item 10B. This is a recommendation to hear an update on the
state veterans nursing home project from the Florida Department of
Veterans' Affairs. And this is brought to the agenda by
Commissioner Saunders.
COMMISSIONER SAUNDERS: Thank you, Mr. Chairman.
This is one of those good-news days. This item is something
that we've all been working towards for a long, long time.
I've said many times that I want to make Collier County the
most veteran friendly county in the state, and this board has said the
same thing over and over again, and I believe that this project
actually accomplishes that goal.
And Mr. Bob Asztalos, deputy executive director of the Florida
Department of Veterans' Affairs, is going to be coming up and telling
us how things are evolving with the federal Department of Veterans'
Affairs in our application for federal funding.
And just so everyone knows, this commission, back in 2018
when we dealt with the one-cent sales tax, we put $30 million in that
sales tax for our local match for a veterans' nursing home. That was
approved by the voters.
In 2019, we purchased property, the Golden Gate Golf Course,
and that's going to be the home of the next veterans' nursing home in
Florida, a 20-acre parcel there. This board has supported all of these
efforts.
And then we decided to do an adult day healthcare facility and
April 23, 2024
Page 91
found out that the federal government doesn't pay for new
construction. We needed $20 million for that. This board
appropriated $10 million in sales tax revenue just a few months ago
for an adult day healthcare system. Senator -- Senate President
Passidomo and our legislative delegation put $10 million in the state
budget to match our $10 million. So now we have, essentially, in
the bank, $50 million: $20 million for the adult day healthcare;
$30 million for the federal match for the nursing home. And, of
course, all that's earning interest, so we'll have a certain -- certainly
have more money in the bank.
We spent two or three months, weekly meetings with the
architects and engineers, the Florida Department of Veterans' Affairs,
our county staff developing the -- what this nursing home was going
to look like, which -- what every square foot of that nursing home
and adult day healthcare facility, what every square foot would have
in it.
And so, Commissioners, today is really a report on where we
are, where we are in terms of standing with the federal in our
application, and what the timeline is to actually break ground and get
this building under construction.
So, Mr. Chairman, I'd like to introduce Bob Asztalos with the
Florida Department of Veterans' Affairs, the deputy executive
director.
Bob, thank you for all that you do, and thank you for everything
you've done on this project.
MR. ASZTALOS: Well, thank you, Senator. Thank you for
all your leadership. Thank you, Mr. Chair, members of the
Commission, veterans out here. I see we've got some fellow
veterans. Veterans, can we stand up?
(Applause.)
MR. ASZTALOS: Thank you all for your service.
April 23, 2024
Page 92
And I was a Navy Corpsman. So for my Marine Corps
brothers, Semper Fi. For my Navy brothers, anchors away, and for
my Army brothers, I'm sorry you couldn't get in the Navy, but...
No. Thank you all for your service. I really appreciate it.
On behalf of Governor DeSantis, a fellow Navy veteran, and
Secretary Allende from DMS and General Hartsell, Secretary of the
Department of Veterans' Affairs, I thank you for letting me give you
this update.
We're all excited about this. And we have worked diligently
with your staff. Your staff have been wonderful. And like you
said, Commissioner, every step of the way we've done this as a
partnership on where we're at.
So with that, let me start giving an update of where we've been
since I was here about a year ago. And so this right here is -- our
first slide is the state veteran home, what we are looking at for the
design. And this is on the Golden Gate Golf Course area, which you
all are familiar with.
And so what we're looking at is a skilled nursing facility, adult
daycare, as well as some other features to it, including outpatient
rehab, which I'll get into in more detail.
The design of this home is basically going to be a small
community-type 120-bed building. And so what we've done is
we've designed it in units that will -- that will be 20-bed units, which
each of the Vs is a 20-bed unit, 10 on each wing, and we have six of
those.
We'll have a center, which is a town hall center where we're
going to have activities and we're going to have things to draw the
residents to that town hall center, which I'll talk about a bit more.
We're going to have adult daycare, adult day healthcare on the
campus, and that adult day healthcare -- the next slide will point it out
a little better. We're going to have therapy on it, outpatient rehab.
April 23, 2024
Page 93
We're going to have wellness programs, and so on. The home itself,
we're talking about a 110,000 square feet home. So it's -- it is
a -- it's a very large property. There's going to be lots of space for
the veterans.
Oops, sorry. Wrong way.
So this right here gives a better design of it broken out. The
white that you're looking at, those are the skilled units, so those are
the skilled nursing beds that we have in the home. The orange area
is going to be adult day healthcare. So we have submitted two -- two
request applications for grants to the federal government. One is for
the 120-bed skilled nursing facility, and the second is for the
40-client adult day healthcare.
The orange area will be the adult day healthcare. While it will
be connected to the nursing home, it will -- and share the utilities and
all that, it really is its own separate unit. So there will be a separate
entrance. And, again, we'll be able to take care of 40 clients
using -- in the adult day healthcare.
The blue area on this slide is really the additional services that
we're going to have to the community. One thing about this is, as
Senator Saunders said, is this is a model for the country. No
veterans' nursing home has combined adult daycare outpatient rehab.
We're also -- in that blue area we've set aside areas for wellness
programs for the community. So veterans can come on in from the
community, and we'll have wellness programs for them.
We're also going to have a veterans' service officer located here.
And what we've done is we've placed the veterans' service officer in
the building but before the entrance to the skilled nursing facility so
that veterans will be able to come into the home and receive services
without -- without moving into the area where we have residents and
where we're taking care of folks. So that's another service that we
are looking to have.
April 23, 2024
Page 94
We have submitted these applications. There was an April 15th
deadline to submit the applications to the federal government for the
VA to pay 65 percent of the costs of the home, and we've submitted
those on April 9th. So we beat the deadline.
This is a blowup of the area of one of the skilled nursing units.
And like I said, what we're doing is a small community design so that
it is broken down into 20 bed units with 10-bed wings. And if you
look, each room will be a single room. Each resident will have their
own bathroom, single room. There will be space in there for a desk,
a couch, an Easy chair for the families, and then storage area for
scooters, wheelchairs, and things like that for the residents.
If you look down where the V connects, with the cursor right
here, right here what you have is this is the nurses' station here so that
the nurses can see down the two units. And then if you go below the
nurses' station -- this is really the congregate area for the residents.
This is where meals will be served. Again, small community design,
right? Instead of one big dining hall, we would serve meals in each
individual community. Activities would be here.
Just above that, this is a covered patio area. Our residents like
to be outside. And so this is a covered area where they could be
outside. Usually we have activities out there. And then a
courtyard, an enclosed courtyard for each of the units will also be
there, too, for our residents who want to go all the way outside.
What we -- what we did was we really played on our Ardie R.
Copas state veteran nursing home, which is in Port St. Lucie. Ardie
R. Copas opened last year. We're up to 63 residents right now.
And this is -- I've been in the nursing home business for over 30
years. This is one of the most beautiful buildings that I have ever
been -- and I'm so fortunate to be part of it.
It's a beautiful home. It is based on the small community
design and -- but what we did was we took the positives of it, and the
April 23, 2024
Page 95
new home, what we did was we corrected some of the things that if
we said we can change, we would change it. And some of those
changes that we made is that the Ardie R. Copas is really nice in that
it has the small communities, but sometimes our residents want
something bigger, right? They want to go out and congregate with
other residents.
Well, our center area really doesn't have anything to draw them
to it. The other thing, too, is if you look over where my cursor is, if
your room is over here, you have to go all the way through here, and
then you have to walk though this unit to get to that central area.
So what we did was, with the new building, we took that -- we
took that model, and what we did was we condensed it, if you will, so
that the -- so that the units are closer to this main street area, and that
will allow our residents to not only experience the small community,
but also the entire home itself.
So that's clearly one of the -- one of the designs that we think
will make this a better experience for the veterans who are going to
be receiving services in our home.
So this right here is a schematic of the main street area, and so
this is what I was talking about. Right up here in the upper
right-hand corner is -- you'll -- that's the units itself where you have
the residents at. But on this main street, what we're going to have
here to the right is a coffee shop, and we're going to do
like -- basically like a Starbucks-type model where we're going to
have a coffee counter, we're going to have tables, and we're going to
give residents an experience when they want to come down and just
have coffee and congregate that way.
This center part right here is the conservatory with lots of plants
and open light and all that so that residents can still be inside but have
an outdoor experience.
And then, lastly, on this side of the main street right here, we're
April 23, 2024
Page 96
going to put in a little sports bar so that our residents --
COMMISSIONER McDANIEL: Nice.
COMMISSIONER LoCASTRO: Bob. Bob. Change. Big
sports bar, right, my fellow veterans? I mean, you've been in the
nursing home business for 30 years, but how long you been out of the
Navy? A small sports bar?
MR. ASZTALOS: We're going to sell big drinks.
COMMISSIONER LoCASTRO: Big glasses.
MR. ASZTALOS: So we'll have a sports bar here, and we're
going to have TVs around it. We'll have a little bar setting. We'll
have a pool table in there. And, again, what this is is to draw -- is to
draw folks out who want to come out of their small communities into
the main part of the home and congregate with residents from other
parts.
There are some other things I'd like to show you in this. So up
above, this part, the upper left that you can't see is where the adult
daycare is, and I'm going to put up a slide on the adult daycare. But
if you come down here, this is going to be in-patient and outpatient
physical therapy.
And, again, as Commissioner Saunders talked about, this is
more than a nursing home. We're going to service veterans in the
community, because right now in our state veteran nursing homes, if
you need care, we can only offer you one thing, and that's a nursing
home bed. But what we want to do here is that if we can keep you in
your home, we want to keep you in your home as long as we can.
So if you need rehabilitation services, we want to be able to provide
that in an out -- on an outpatient basis so that you could come in, you
could get your physical, your speech, your occupational therapy, and
you could return to your home where you really want to be.
So this right here will be outpatient therapy. It will also service
in-patient. But outpatient therapy, so they'll come in here. There
April 23, 2024
Page 97
will be a therapy space here. If you walk out here, there will be
outdoor therapy too. So what we'll do is we'll be able -- our physical
therapists and our occupational therapists will be able to work with
the community so we'll have different gradings that we'll help you
walk on.
We're going to have a car there so that our occupational
therapists can teach you how to go back to driving again. You won't
be able to drive the car around it, but you'll be able to go through
skills like that.
Above therapy right here is a wellness room. And, again, we're
going to be open to the community for veterans to have programs,
wellness programs.
Right on the other side right here where my cursor is, this is
really an auditorium with a stage area, and then next to it with the
dividing wall that will be able to open up, is a seating area. And,
again, this is for community events. This is for veteran events.
We want veterans in the community to use the home
because -- one is the key to keeping our veterans healthy, our veteran
residents, is interaction with the community, and it's going to be
inviting the community to come on in it. We're going to have an
outdoor area, too, for outdoor events. And, again, it is to bring the
veteran community into the home.
And the other thing, too, is what we find is -- and this is why the
rehab is important, outpatient rehab and the adult daycare, is that
veterans will get used to the home so that if veteran need
long-term-care services, if they need a skilled bed, they've already
been there and they're comfortable with it, and the staff is
comfortable with them, and it makes for an easier transition when a
veteran needs a skilled bed. So we're excited about this main space
here.
The other thing I did want to show you is that veterans' service
April 23, 2024
Page 98
officer space is right here, and that -- again, the purpose of that is that
is -- there's -- this is a locked door right here that takes you into the
home where the reception desk is. So that VSO can take care of
veterans, and it won't interfere with the operations of the home, so
another service that we're going to be providing for the community in
this home.
This right here is our adult day healthcare. And, again,
we're -- we're designing something that no other state veteran nursing
home in the country has done, and that is to design an adult day
healthcare from the very beginning in a state veteran home.
And this right here will be services for 40 -- 40 veterans who
need it. Now, when I say 40 veterans, it's 40 veterans at one time.
So we're going to take care of more veterans in the community. It's
just that people come on different days, right. Some veterans may
need three days of adult day healthcare, some may need two, some
may need five. And so we would be able to take care of more than
40, but it's space for 40 at any one time.
There's an activity area, a second activity area, and then we have
a dining activity area. We have individual rooms because
sometimes -- sometimes a veteran may want to -- they may want to
be alone. And so this is -- this is the adult day healthcare space.
And, again, it's -- it will assist us in, one, keeping veterans in
their home longer, right? Because what we find is that if you
can -- if a veteran is having -- is struggling in their home, then their
spouse is struggling, too. And if we can give them several hours of
adult day healthcare and give the spouse some respite -- because one
of the -- one of the reasons we find people having to be admitted into
skilled beds is their spouses burn out. They can't take care of them
anymore. Next thing you know there's no way to keep them at
home, so they have to come in a bed. But if we could give respite to
the spouses, if we could give activities to the veterans, we can keep
April 23, 2024
Page 99
you in your home longer, and that's the key right here.
The key isn't -- we don't want to push veterans into beds. We
want veterans to go into beds when they need it. But if we could
keep them in a home, we're going to keep them in a home, and that's
what's really exciting about this is that -- is that we are providing a
wraparound long-term-care service to the veterans here in Naples.
Expenses. So this is a breakdown of our expenses, and this
is -- again, we have two grant applications. The first grant
application is for the skilled nursing facility. And what we did was
we basically worked with the architects. We worked with the county
staff and the people at DMS who do construction and said, "How
much is this going to cost?"
And then also we're several years out, so let's build in some
inflation. And so that's what we did. We tried to get a realistic
number. We believe that the cost of it itself several years from now
will be $109 million. We put in $4.4 million for contingencies
because we just don't know what's going to happen, right? There
could be another big hurricane, a shortage -- supply shortage,
whatever. So we put 4.4 million for a contingency, which makes
this a cost of $114 million for the skilled nursing facility part of it,
which also will include the outpatient rehab, the wellness center.
The federal government will pay 65 percent of that, which is
$74 million, making it a $40 million contribution from the county and
the state.
The next application that we put in for was for the adult day
healthcare itself. And looking at the adult day healthcare, as
Commissioner Saunders said, the federal government doesn't pay any
portion of that, so we have to bear that cost itself. Collier County
has agreed to pick up the cost of that, and we are so appreciative to
the County Commission for doing that and the citizens for paying a
one-cent tax. Thank you very much.
April 23, 2024
Page 100
COMMISSIONER SAUNDERS: Could I interrupt for just one
quick second?
MR. ASZTALOS: Yes, sir.
COMMISSIONER SAUNDERS: I want to make sure that
everybody understands the math here --
MR. ASZTALOS: Okay.
COMMISSIONER SAUNDERS: -- because the local match
for the nursing home turns out it's going to be closer to 40 million.
But when we went to -- when you and I met with our legislative
delegation to work out the language in the state appropriation for the
10 million, we left it flexible so that that 10 million could float for
this whole project. So it looks like a lot of that 10 million will be
used as part the local match for the nursing home. So I know some
folks are probably writing down these numbers, and that's the way
the numbers work out. So we're not going to be coming back to
Collier County asking for another 10 million that -- those dollars are
all there.
MR. ASZTALOS: That's correct, Senator. And the reason
why it's a little bit higher -- because initially we were talking
32 million match -- is don't forget we built in the wellness center into
that, we built in the outpatient therapy. So there's some additional
cost which is built into the sniff numbers.
So this is the adult day healthcare. And, again, that's about
$9.5 billion [sic] to build that portion of the building. And,
unfortunately, the federal government does not pay any portion of
that. So that is supported by the citizens of Collier County.
A couple other things that we've been working on with Senator
Saunders and the commissioners is language in the General
Appropriation Act, and Senator Passidomo was a great champion of
this, and we appreciate all her efforts. But in the General
Appropriations Act, which was passed by the legislature and which
April 23, 2024
Page 101
the Governor -- we're hoping that he will sign this fairly soon. It
says, "The Department's authorized to submit an application for
federal funds to construct a new veterans' nursing home and adult day
healthcare center in Collier County. The source of the state funds is
based on a memorandum of agreement between the Department and
Collier County Board and the County Commissioners to commit the
necessary funds to be used as matching funds towards the
construction, development costs of the new veterans nursing home
and adult day health center."
So, basically, this is giving us the green light to move forward,
which we needed from the legislature to take from the VA. It also,
in addition to that, appropriates $10 million of general revenue that
we can begin using.
The other thing is that the Governor -- the Governor is excited
about this. He's been briefed on it. He signed a letter designating
our executive director, General Hartsell, to be the representative with
the -- with the USVA to move forward on this, and then I am the
alternate representative, and so we'll be working with the VA as we
move forward and partner with this.
The last slide that I wanted to touch on is a timeline. And, look,
this is a general timeline that -- based on our experience and what
needs to be done but, basically, on April 15th, we needed to get an
application in for the grants, and we did that. We submitted two
grants to the federal government, to the VA, requesting the adult day
healthcare and the skilled nursing facility with outpatient therapy and
wellness center.
And then, by July 1, it's mandated by the VA that we have to
have legislative language authoring us -- allowing us to move
forward, which I showed you the legislature passed it, and when the
Governor signs it, that language will be what we need to move
forward on that.
April 23, 2024
Page 102
By August 1st, the VA submits a list of grant applications -- I'm
sorry. August 1st, we have to submit some additional language to
the VA, which we are working on, and we've just about got it all
complete. We're working with your folks, your environmental folks
and the rest of it. And so we've got that package just about ready to
go, and we'll be actually submitting that a lot earlier than August 1st.
So that's all set, ready to go.
In October of 2024, so October of this year, the VA will submit
a list to Congress of construction projects that they would want to see
funded. And I'm going to talk about that list on my next slide. So
they will submit that to the Congress.
And then October of 2025, the VA would transfer the
construction dollars to the FDVA for us to move forward. Now, that
assumes that Congress approves the money and they do it in a timely
manner; big assumptions, but eventually they do do it.
So the money would come to us. We would ask for a
supplemental budget amendment December 2025. The legislature
would approve that request to move forward. July 1 of 2026 we
would bid it out. Groundbreaking would follow not too long
afterwards in November, and then we would expect the door to be
open in July of 2029. So it's a lengthy process, I know, but that is
the experience that we find as we're opening up the homes.
COMMISSIONER SAUNDERS: Bob, if I might interrupt for
just another quick second, because we've had a couple conversations,
and I've talked to our staff as well, and there may be some way to
speed this up a little bit.
I don't want to give anybody any false impressions that this is
going to be done, you know, much, much faster than what you've got
here, but my understanding is is that there are ways to kind of speed
things up to get actual groundbreaking more quickly than November
of 2026, which would obviously move up the opening of the home.
April 23, 2024
Page 103
Can you kind of elaborate a little bit about some of the
discussions we've had in how we might speed this up?
MR. ASZTALOS: Yeah. Thank you, Commissioner. Thank
you for that question.
There are some areas that are within our control. There's some
areas that are outside of our control, right? Congress, right, we can't
control them. But I know you're going up next week, and maybe
you'll -- maybe you'll move them forward on that one.
But some of the areas that -- where we can speed this up, if you
will, is so we submitted our application on April 15th. We anticipate
receiving approval of that application soon, way before July 1st.
When the VA actually approves our application, they say, "This
application meets all the criteria and so on," any money that we spend
out of the funds that are put aside on the project count towards the
match. So, basically, the VA gives us the green light to start
spending funding that will count towards our 35 percent.
So what we could do is -- you know, again, we're partners, and
you are the ones who've collected the bulk of the money. We could
get together, and we could have the Department of Management
Services start contracting out for architectural services. And so we
could start putting the drawings together.
Because one of the -- one of the things that take a lot of time is
getting all the architectural designs done, right? So we could do that
ahead of time. We could do site work, right? We could get the site
prepped for it. So there are things that we could do to shorten that
two years, nine months period.
The other thing, too, is where I think we may be able to save
some time is once we get the money appropriated from the Congress,
we usually have to go through a legislative process. But this is kind
of -- this is unique because the money's already sitting in an account
ready to go, and the legislature has given us the authority to move
April 23, 2024
Page 104
forward with this. So what we may be able to do is maybe we could
work with the legislature so that we don't have to wait for a full
session and start moving then.
COMMISSIONER SAUNDERS: Let me make two points.
First off, I wanted the audience to know that we're going to do
everything we can to shorten this timeline because I want to be
around when this opens, and I know everyone in this audience wants
to be around when this opens. I'm very familiar with the legislative
budget process.
And here's a question for you, just to put your thinking cap on.
The money's already in the bank. Why don't you go ahead and get
legislative approval during this next legislative session? We don't
have to wait until federal approval or any of that because we've got
the money in the bank, and I think we could get the legislature to
approve that without having to go through the legislative budget
process that you're outlining. So I know our lobbyist can work with
you to make that happen, so that's just a thought.
And then, again, I did have one other question that's not related
to the schedule, but while I'm thinking about it, there's new
legislation, I believe, that permits the spouse of a veteran to reside in
a veterans' nursing home along with the veteran, and I believe that
legislation passed. I may be wrong, but I believe that passed. And I
don't know if the governor's gotten it yet, but what's the status of
that? Because that may alleviate some concerns also, because we'll
have some veterans that want to move into the home, and their
spouse is going to want to go with them.
MR. ASZTALOS: Yes, Senator. So, thank you.
So for the first point about working with the legislature, that's
why you were a good senator up there. You got stuff done. That's a
creative idea, and I think we should definitely do it.
COMMISSIONER SAUNDERS: I will remind you over the --
April 23, 2024
Page 105
MR. ASZTALOS: Yeah. I know you will, sir.
And then the second thing is we are extremely excited about the
bill that the legislature passed this year on spouses. The Governor
hasn't received it yet. He hasn't signed it yet. But we're very
excited about it, because right now in the state of Florida -- so we are
only allowed to admit veterans. So it happens now and then where
we will have a veteran and a spouse who needs -- who needs nursing
home care, and we can't admit them together and, literally, we have
to split them up. So you have people who've been married 50, 70
years, and we're having to bring one in our veteran home and one to
the private home. This will alleviate this. This will allow
spouses -- us to admit spouses. We could put spouses in the same
room if they want to be in the same room. Some do. Some don't.
But we're really excited about it because, again, we want to keep
families together, especially people who have been together 50, 70
years, and this will allow us to admit spouses into this home, and
we're excited about taking care of the spouses.
The last thing I just wanted to show you is this is the grants list
that the VA submitted to the last Congress. The current one that
they're working for the existing Congress, that's -- that has not been
put together yet, but -- so I just want to show you the way the priority
works -- and, of course, this is federal, so it's not in any order that's
understandable. But the way that priority works is -- the way they
fund, the first projects that they fund are life-safety projects. So
life-safety is your building doesn't comply with environmental or
safety issues, and so they fund those projects first. And those
life-safety projects are usually not so high-dollar amounts.
And then the second priority that they fund are states or entities
that have not had a veterans' nursing home before. Every state has a
veteran nursing home, except -- we understand there may be a tribe
that will be asking for a small skilled nursing facility. If that's the
April 23, 2024
Page 106
case, that may move ahead of us.
And then the next thing is, if you look at 71, 72, 73, those are
new construction projects, at the bottom to the right, that are
currently out there, North Carolina, South Carolina, and Maryland.
Because we have over 2,000-bed need -- we have 2900-, 3,000-bed
need right now in the state of Florida, we will move to the top of that
list.
So I anticipate, unless something else comes along, that when
the new list comes out, our new construction will be at the top of the
new construction list. And so that's good news.
The other thing, too, is last year's list had a billion dollars' worth
of needs. The Congress only funded $171 million. So they didn't
put a lot of money in last year. But our understanding from the VA
is the VA is going to ask for a larger funding this year. The VA
wants to clear the list. And so they're going to be asking for a billion
dollars. If all that works out and the VA does ask for that amount of
money and Congress goes along with the VA, then we have a very
good shot at getting it funded.
So with that, Mr. Chairman, that's my presentation. I'm happy
to answer any questions.
CHAIRMAN HALL: Thank you, Bob.
Commissioner LoCastro.
COMMISSIONER LoCASTRO: I wasn't looking to be first,
but I just pushed the button, Bob. But make sure, that bar, a little bit
bigger.
Just a couple things I want to say is, first of all, thank you so
much to you and General Hartsell who -- you know, I've known him
for a few years -- for being just so available to us, for paddling in the
same direction. You know, when we all came up to D.C., and we
said -- you know, look, I mean, it's a partnership. So I'll say thank
you for being our partner. And I know we all echo that.
April 23, 2024
Page 107
But when we were up there saying we didn't want the next one,
we wanted the best one, you could have easily said, "Hey, everybody
does."
And it's amazing how this facility in this location has really
transformed with your vision, with our ideas, with information we've
gotten from, you know, our veteran community -- and you see the
support here. I mean, if we were in a football stadium, we could
have filled it. You know, this is a small representation.
And so all the things you mentioned, I just want to say to the
audience, you know -- and I really appreciate my fellow VFW post
members being here -- help get the word out. Help separate rumor
from fact and control expectations. We're not putting shovels in the
ground tomorrow.
And one of the things we said when we were up in Tallahassee
was, you know, we want it sooner than later, but we want to use the
extra time to maybe make sure that if we have ideas to morph the
project to add all the things you mentioned -- and some of the lists
that you mentioned were things that came up because we had extra
time, and we started brainstorming some things. So I know that, you
know, here in the county we all really appreciate that. But, you
know, thanks to you and to General Hartsell and your whole group
for just being so responsive.
I wanted to, there again, thank all the VFW members for
coming, and especially our former commander, J.B. Holmes, who's
somewhere in the audience here. You know, we all got his --
(Applause.)
COMMISSIONER LoCASTRO: Commander, every veteran
got your thousand e-mails reminding them to be here, so -- but there,
again, sir, also, too, you know, information dissemination is so
important, and we want to make sure that the messaging out there is
right.
April 23, 2024
Page 108
So there's so many people in the audience here. You see, this is
a big deal. There are drawings. This is happening. This isn't some
hypothetical thing that might happen. It's happening, and you see
with great detail and a lot of -- a lot of significant thought.
And, lastly, I want to just acknowledge some other people that
are in the audience. Dale Mullin from Warrior Homes of Collier
County -- and I think he's sitting there with a couple of board
members. Dale, why don't you stand up. You're a big part of
helping veterans in our community.
(Applause.)
COMMISSIONER LoCASTRO: So you talk about a vision for
this home, his vision was helping a few homeless veterans in the
woods and maybe finding a house where, you know, he could house
three or four or five, and he's got four houses and he's, you know, on
social media getting checks every week, and, just, you know, turned
an idea into an unbelievable reality, and we're trying to do the same,
Dale, and, you know, all partner together to take care of veterans.
But, you know, thanks for everything that you've done.
And then, lastly, I'll just say, you can't have a meeting like this
in a roomful of veterans without acknowledging Wayne Smith, who's
our local hero.
(Applause.)
COMMISSIONER LoCASTRO: And, lastly, I'll just say, he's
Air Force, okay, right, and fellow Air Force academy graduate.
And one thing I will say, just tongue in cheek, and then I'll turn
it over to my -- you know, my fellow commissioners here -- and this
will just tell you just the mindset of veterans and how close we are.
And, you know, sometimes -- I was at a meeting one time and
veterans were in a group, and we were all sort of razzing each other,
and a lady came up who wasn't a veteran, and she says, "I'm so
disappointed how disrespectfully you all talk to each other," and, of
April 23, 2024
Page 109
course, it was service to service. You know, "Oh, you're an Army,
you know, pogue, and you're a Navy this and whatnot."
And when we explained it to her, the lightbulb went off. But I
just got an example of that where I saw my fellow veterans out there
and I'm like, "Hey, line up for some pushups." And then one of the
guys in the middle gave me -- it was -- I don't know what finger it
was. I think he said, "I'm No. 1." I think he said, "I'm No. 1."
But, you know, that camaraderie, whether you're active duty or
you're long since, you know, separated or retired, you know, exists,
and we're here to take care of the veterans in our community. And
help us spread that word.
And also, we said at a previous discussion here on a totally
different topic, our doors are also open. You have ideas. You're
hearing things out in the community. Feed it to one or all of us
because we're in direct communication with, you know, our partners
up in Tallahassee. And, you know, we want to continue to just make
sure that this is the best facility and not just the next one, and you can
help us do that.
But thanks for your service, and my time is up. Thank you.
(Applause.)
CHAIRMAN HALL: Commissioner Saunders.
COMMISSIONER SAUNDERS: Thank you, Mr. Chairman.
There are a couple things I wanted to add. First of all, I wanted
to echo everything that Commissioner LoCastro said with the folks
that are here. We wouldn't be here having this type of meeting if it
wasn't for men and women like you that have served so well and so
valiantly.
And our goal is to help repay you for your service and to help
you get the services and the things that you have so earnestly earned
over the years with your service.
So there's one other component to this I think I just want to
April 23, 2024
Page 110
mention to this audience and to Bob. We want to make this -- this
into kind of a veterans' campus, if you will. And so there are two
other things that we're going to be working on. One is a veterans'
services center and a military museum. And the abandoned old
white building on the corner of 951 and Golden Gate Parkway, that
building was donated, as everyone knows, to the county by a friend
of mine who was looking for a tax write-off, and we just happened to
be the beneficiary of that.
We've got an application in for some federal funding to turn that
building into a veterans' services center. That center will have
offices for all of the veterans' organizations and services that we
provide. We'll have it all in one location. And it just turns out that
there's about 8,000 square feet of open space on the -- in the middle
of that building from the floor all the way up to the ceiling, two
levels. It's open. And that's going to be a great location for a
military museum. This board has already agreed to apply for some
federal funding for the veterans' services center, and ancillary to that
we will have space for a military museum. They're going to have a
helicopter and a tank and all kinds of things there.
But in addition to that, our next item on the agenda is dealing
with the Golden Gate Golf Course, and the folks that -- from Arthrex
that are really behind that project are really supportive of veterans,
and they're here in the audience right now. They're going to be
presenting next on another -- on that other project.
But they've got an aspect of this where there will be a place near
the veterans' nursing home that will be right by the driving range, and
so it will be an area where the members of the military and people
that are visiting the nursing home will have an area to tee off of at the
driving range that's just for the military personnel and for veterans,
again, to show our appreciation for their service to our country. So I
just wanted to mention that, before you leave and we get to that next
April 23, 2024
Page 111
item.
This board is making this a veterans campus that we believe will
be, perhaps, unlike anyplace else in Florida, maybe anyplace else,
because we want to recognize the dedication of our veterans and pay
them back for what they've done for us. So that's part of this whole
concept, and I just wanted everybody to know that.
(Applause.)
CHAIRMAN HALL: Commissioner Kowal.
COMMISSIONER KOWAL: Thank you, Chairman.
I just want to say, as being a junior commissioner up here and
having the opportunity to follow my fellow colleagues up to
Tallahassee and watching this whole thing come to fruition, all the
different angles we were approaching, the people we were meeting
and -- you know, we all walked lock in step in making sure this
project comes around to fruition for all of you in this room.
And if I don't even run again in three years, two years, whatever
it is, you know, this is probably going to be one of my proudest
moments of anything I've ever accomplished in my life if we see this
through to the end and I'm being part of it, because I have the utmost
respect for our veterans, what -- the sacrifice, that blank check they
signed many years ago that could have been cashed with their life just
to protect what this whole country's about. It's so important to me,
and I have to say one last thing, "Go Army."
(Applause.)
COMMISSIONER LoCASTRO: Security, Sheriff, please
escort Commissioner Kowal out of the --
CHAIRMAN HALL: Commissioner McDaniel.
COMMISSIONER McDANIEL: Thank you, Mr. Chair.
I just -- I just wanted to thank Bob. You know,
we've -- Commissioner Saunders, you and I have been working with
this project since we became elected back in '16/'17, started on this.
April 23, 2024
Page 112
This is the epitomization of the glacial speed of government. But it
is a reality, and it's because of the driving force of this board, the
efforts of Commissioner Saunders, myself, this entire board. And
the Veterans Administration in Tallahassee, along with the voters of
Collier County, the taxpayers of Collier County, and the revenue to
support this project has moved it to the top of the list, and I
personally want to thank you all for your support and what you've
done for our country.
(Applause.)
CHAIRMAN HALL: Bob, thank you for an amazing update.
And I just have one question: Have you had any feedback from
Ardie Copas, what it feels like to be in second place?
MR. ASZTALOS: Good question.
CHAIRMAN HALL: Thank you.
MR. ASZTALOS: Thank you.
And just in conclusion, on behalf of General Hartsell and
Florida Department of Veterans' Affairs, thank you for your
partnership. You've been amazing partners on this. And you know
what, thank you to the veterans in the room, because I actually -- I'm
new to government. I come from business, and I know that
it's -- where does the money come from? Well, the money came
from you-all every time you put a penny sales tax in.
And so what I offer to you, my fellow veterans, is that I'm
willing to come down to any of your meetings. If you want me to do
this presentation at your meetings, I'm happy to do that. It's a
six-hour drive for me, but I'll do it. And I'm happy to also get
feedback, too, from the veteran community, because you know what
you need better than I know what you need, right? So invite me
down. I'm happy to partner with any of the commissioners who
would like to go. I'm happy to do this presentation, take your
feedback, and I thank you for supporting this project.
April 23, 2024
Page 113
(Applause.)
CHAIRMAN HALL: County Manager.
MS. PATTERSON: Troy?
MR. MILLER: Mr. Chair, we have 10 registered speakers for
this item. Your first speaker -- I want to remind the speakers to
please queue up and use both podiums, both microphones.
Your first speaker is Dr. J.B. Holmes, and he will be followed
by Glenn Brown.
(Applause.)
DR. HOLMES: Commissioners, my name is Holmes, Dr. J.B.
Holmes. Thank you for being here today, and I thank you for
allowing us to speak on this matter, and I thank you for all of the hard
work you have done on this issue.
Mr. Saunders, Commissioner Saunders, particularly you, you've
worked very closely with us, so I want to thank you for that.
And Bob Asztalos -- did he disappear from the room here? Oh,
there you are.
MR. ASZTALOS: I'm here.
DR. HOLMES: Bob, thank you very much.
And as you know, our chaplain for the VFW post is Gary
Asztalos. He pronounces it Asztalos, so -- Hungarian name.
Difficult, but forgive me if I mispronounced it.
We want -- all these veterans in this room, as I believe
Commissioner Kowal said, all of these veterans in this room signed a
blank check up to and including their lives. Colonel LoCastro, the
same. They also paid the taxes, that one-penny sales tax. We paid
that for years. This isn't a gift. This is not a gift to the veterans.
The 28,000 veterans in Collier County, this is not a gift. They've
paid for it once, they've paid for it twice, and these men and women
will fight for this home.
I want to thank the veterans' groups that are here today, the
April 23, 2024
Page 114
Marine Corps League, the VFW, the VFW auxiliary, president Betty
Bailey here at the front, Wayne Smith, submarine veterans here in the
back. They -- also Ave Maria Veterans Association and the veterans
of Del Webb are here today. And I want to thank Arthrex for being
here today and supporting this project.
This process is very confusing and convoluted labyrinthian, as
you know. We've tried to follow it. With Commissioner Saunders'
help, we have gotten this far, and we would like to continue that
relationship.
And, Mr. Asztalos, we'd like to continue that relationship with
you. As it gets onto the state and federal government, we would like
to meet with you as often as possible. And I would invite you to
come to the VFW at any time and make that presentation. I think
you're a VFW member anyway, aren't you?
MR. ASZTALOS: I am.
DR. HOLMES: Okay. Congratulations. Thank you.
He beat you, Tom.
But, anyway, we ask Bob and the commissioners -- I've got 30
seconds. We ask Bob and the commissioners not to do anything for
us, but we ask, "What can we do for you? What can we do for you
to help you successfully complete this project for the veterans of
Collier County?"
And I would suggest something we can do -- and this is one I
can't control -- is that we form a veterans committee appointed by the
Collier County Commissioners to work with this project and work
with the State of Florida and the federal government through this
project. Not to oversee it, not to tell anybody what to do, but to be
able to inform the rest of the community.
COMMISSIONER SAUNDERS: I have kind of the structure
for that already. I have friends of the veterans' nursing home with
some leadership in that, and that may be a good way to get started
April 23, 2024
Page 115
what you're talking about, so let's talk about that over the next couple
of days on how we could put that all together.
DR. HOLMES: We're at your disposal, Commissioner. Thank
you.
MR. MILLER: Your next speaker is Glenn Brown. He'll be
followed by Dale Mullin.
(Applause.)
CHAIRMAN HALL: Hey, Troy.
MS. PATTERSON: Troy?
CHAIRMAN HALL: Mr. Brown, before we get started, we're
going to have a special presentation by Congressman Mario
Diaz-Balart. We can do that now.
COMMISSIONER McDANIEL: It's a fine time for him to
show up.
Item #13
CONGRESSMAN MARIO DIAZ BALLARD PRESENTS $1
MILLION DOLLAR CHECK TO THE SHERIFF’S
DEPARTMENT FOR EQUIPMENT AND $4.1 MILLION
DOLLAR CHECK FOR TRANSPORTATION MAINTENANCE
FACILITY REPAIRS.
Somebody introduce him. Ladies and gentlemen, Congressman
Mario Diaz-Balart.
(Applause.)
CONGRESSMAN DIAZ-BALART: Hey, folks. Good to see
you.
Chairman, Commissioners, how you doing?
CHAIRMAN HALL: Doing good.
COMMISSIONER McDANIEL: Very well, sir.
April 23, 2024
Page 116
CONGRESSMAN DIAZ-BALART: I hate interrupting your
day, because you have a lot of work.
COMMISSIONER SAUNDERS: It's never an interruption
when you come into the room.
CONGRESSMAN DIAZ-BALART: Well, thank you, Senator.
CHAIRMAN HALL: When you bring money, you can
interrupt.
CONGRESSMAN DIAZ-BALART: That's right. Well --
COMMISSIONER LoCASTRO: No speeches, just checks.
CONGRESSMAN DIAZ-BALART: That's right. Just shut
the heck up and leave, and leave the check, right? That's --
COMMISSIONER LoCASTRO: Right.
CONGRESSMAN DIAZ-BALART: Well, look -- and also
what a privilege to be with all of you, also with who I believe is
potentially the best sheriff in the entire country who's here with us.
Sheriff -- where's the Sheriff?
(Applause.)
CONGRESSMAN DIAZ-BALART: And I was just -- what an
honor to walk in when you have these American heroes here.
You know, you've all heard me do this, so I'm not going to -- I'm
not going to bore you with a speech. But every time I speak -- and
you've heard me do this, right, Commissioner -- where I speak in
small group or large groups, I always -- it doesn't matter where I'm at,
I always that start thanking a group of people that are not usually in
the celebrations and in the fun things but actually they are here today.
I always start by thanking the men and women in the United States
Armed Forces who are the ones who allow us to live in freedom. So
thank you for your service to this great nation.
(Applause.)
CONGRESSMAN DIAZ-BALART: Very briefly, again, I
did -- I am not apologetic, as you all know, about two things. I
April 23, 2024
Page 117
actually get things done including, in my realm, I actually control
government spending in Washington, which is a bit of a task, right?
And while a lot of people talk about cutting spending, I actually have
a record of doing that.
But having said that, I also am not apologetic about
understanding that we know the needs of our community better than
the bureaucrats in Washington, D.C. And if we leave it to the
bureaucrats, good luck. Good luck, right?
So working with the Sheriff, working with the County
Commission, we have some good news. I am bearing -- as
Mr. Holmes said, it's not a gift, because this is our money, right?
But I am -- I do have some good news.
Now, let me look through my notes to make sure I get this right,
okay? But, again, as I mentioned, the concept of the federal
government spending less money, which we need to do because we're
bankrupting this country, does not mean that when we do that, that
we don't have enough money to do the things that we need to do.
You can do both things as long as you're smart.
And so working with the Sheriff, working with this police
department, the Sheriff's Department, and this county commission,
they asked us for a little bit of federal help. And so we were able to
get, for the Sheriff's Office, for police equipment and vehicle
upgrades, $1 million from the federal government, so...
(Applause.)
CONGRESSMAN DIAZ-BALART: Actually, Sheriff, you're
the person that makes this all happen. Also, at working with the
county, I was also able to deliver $4.1 million to repair the Collier
County transit and maintenance facility which, as you know, has
gotten hit by two storms, needs a lot of help.
And, again, I want to -- I will end where I started it. But I
would like to, again, if that's all right with you-all to bring Sheriff up,
April 23, 2024
Page 118
because none of this would be possible without you and without
him -- and without him.
But the other thing is, again, I'm not apologetic. I believe in the
Constitution of the United States, and in the Constitution, the power
of the purse is supposed to be in Congress, not in the bureaucracy.
And so we can control spending, like I've got a history of doing, at
the same time, not wasting the money. By not wasting the money,
that allows us to do the good things, the real things. And is there
something better to do with your money than helping law
enforcement?
So it's a privilege to be here with all of you. Thank you for
allowing me to interrupt all of you, and all of you, the boss, right?
But could we ask the Sheriff to come forward? Is that all right?
All right.
(Applause.)
SHERIFF RAMBOSK: Good afternoon, Mr. Chair, Board
Members, most importantly, the men and women that have protected
our country and allow us to live here in a free society and, of course,
our Congressman.
I want to remind everybody in this room that our Board of
County Commissioners always supports law enforcement in any way
possible, so thank you very much.
(Applause.)
SHERIFF RAMBOSK: And we have had some tough times
over the last decade with economic downturns, with hurricanes and
wildfires, and that put a damper on some of the equipment that we
had to extend the life expectancy for, but we got it all done. And
this is going to enable us to finish off with replacing all of the
equipment, which we've been doing with your help incrementally
over the years, this will finish it off, and we will be in a great position
as we move forward in Collier County.
April 23, 2024
Page 119
So thank you very much, Congressman.
Thank you very much to the Board of County Commissioners
for all of your support and your help.
CONGRESSMAN DIAZ-BALART: Thank you.
Now -- Thank you, Sheriff.
So I got these two checks. The good news is, if I drop them,
they're not going to bounce. That's good. That's good. But should
I hand them to you-all now?
CHAIRMAN HALL: Sure. Get to the good part.
CONGRESSMAN DIAZ-BALART: That's right. Let's do it.
COMMISSIONER LoCASTRO: Do you want to go down
there?
CHAIRMAN HALL: We'll just come down.
CONGRESSMAN DIAZ-BALART: Well, can we do -- let's
do -- we'll do the Sheriff first, but again -- Sheriff, let's do it. Let's
do them together. Let's do them together. Let's do them together.
SHERIFF RAMBOSK: You are the boss.
COMMISSIONER McDANIEL: One more with the Collier
Area Transit people.
COMMISSIONER LoCASTRO: Let's mix the group up a little
bit.
(Applause.)
COMMISSIONER LoCASTRO: Come on, Mr. Bill.
MS. PATTERSON: Troy, you ready?
COMMISSIONER SAUNDERS: Congressman?
CHAIRMAN HALL: Hang on. We have a question for the
Congressman.
COMMISSIONER SAUNDERS: Congressman, first of all,
thank you for everything that you do. Thank you for the checks and
everything.
There's always another ask. And I don't know if you heard the
April 23, 2024
Page 120
presentation about our veterans' nursing home and our veterans'
services center and the things that we're doing at that campus for
veterans, and we do have another application in for some potential
funding for a veterans' services center, and I know you're -- you've
accepted that and you're running that, and I want to thank you.
But the big project is the nursing home, and so we're going to be
up in Washington in a few weeks, and we'll meet with you and
provide you --
COMMISSIONER LoCASTRO: Next week.
COMMISSIONER SAUNDERS: Oh, next week -- we'll
provide you information about that and along with all of our
Congressional and Senate delegation, and hopefully -- and I know
you're supportive of that, so I just want to thank you for that.
Most people don't realize that Congressman Diaz-Balart and I
served together in the Florida Senate, ooh, a long, long time --
CONGRESSMAN DIAZ-BALART: You actually had black
hair, and I had hair.
COMMISSIONER SAUNDERS: Yeah. And I like to say that
I know -- he likes to say everything that I know he taught me, and I
like to say everything he knows I taught him. But you were a -- you
know, you were a legend back then, and you're certainly a legend
now. And I just want to thank you for all that you've done over the
years for the state of Florida.
CONGRESSMAN DIAZ-BALART: Well, thank you.
(Applause.)
CONGRESSMAN DIAZ-BALART: I will tell you, it's a
privilege to work for you-all, and you-all know that you have a great
Commission here, and you are amazing.
(Applause.)
CONGRESSMAN DIAZ-BALART: And in case you don't
know this, they jump on us. They keep our feet to the fire, which is
April 23, 2024
Page 121
the way that it should be.
I do want to make one clarification, if I may. Thank you for
your service, sir. Thank you.
I do want to make one clarification, and I can do this because
I'm not a commissioner. The Sheriff talked about all of the tragedies
that have struck and hurricanes. In November, we can get rid of one
of those tragedies.
So let's all work -- let's all work -- let's all work to save this
country, and it's a privilege to represent you. Thank you-all. We'll
see you next week. Thank you-all. Thank you-all.
CHAIRMAN HALL: Okay. Mr. Brown, you get to follow
that.
MR. MILLER: Glenn Brown will be followed by Dale Mullin.
COMMISSIONER LoCASTRO: I wanted to say, as Navy
Captain Glenn Brown comes to the podium, your wife just sent me a
text, and she said, when the time comes, the veterans' nursing home,
separate rooms. That's what she said.
CAPTAIN BROWN: Thank you, Colonel. It's good to know
that in advance.
COMMISSIONER LoCASTRO: Just thought I would plant
that seed. She seemed emphatic.
CAPTAIN BROWN: I just want to take a minute and say
thanks. I want to thank you, Commissioner LoCastro,
Commissioner Kowal, for your service in the military, and all the
great veterans in this room for their service to the military.
I was privileged to be a Navy reserve officer for 28 years, and it
was a privilege. And I know and have great concern for fellow
veterans who have tough circumstances and who's currently being
underserved in their needs. And I am just delighted to think forward
as to what a great facility we're going to have right here in Collier
County to help meet those needs.
April 23, 2024
Page 122
So on behalf of my wife Jane, even though we're in separate
rooms now, and all the people in this room, I want to thank you each
and every one of you commissioners for your support of this great
project. And I'd like to thank the state VA for their support. Thank
you very much.
(Applause.)
MR. MILLER: Your next speaker is Dale Mullin. He's been
ceded additional time from Barbara Salkow.
Barbara, can you raise your hand to indicate you're here?
(Raises hand.)
MR. MILLER: Thank you.
And from Lisa Loren?
(Raises hand.)
MR. MILLER: He will have a total of nine minutes and will be
followed by Garrett Beyrent.
MR. MULLIN: Thank you. I certainly won't use nine
minutes. It should be no more than about four minutes.
But, anyway, what I've seen today is very impressive. Nursing
home. I don't believe that you can ever do enough to help veterans.
I'm a veteran myself. I served in Vietnam, one tour of duty, and
I don't think you can do enough to help veterans. And I think the
work that we do here in Collier County is the charity that we started
back a few years ago, our 10th year anniversary, support veterans
here in Collier County. It certainly reflects our commitment to
veterans and what we're doing here to ensure that our veterans -- we
focused on housing, mental health, and education.
The vision of Warrior Homes of Collier is to assure that no
veteran is left behind in Collier County. For decades, veterans who
have served our country with dignity and honor have grappled with
higher rates of mental illness, substance use, and homelessness, and
our increased risk of suicide.
April 23, 2024
Page 123
The problem in -- that's particularly acute here in Collier
County, where housing prices are among the nation's highest.
Veterans commit suicide at the rate of twice the national average of
19 per day and are 50 percent more likely to become homeless.
We have documented 51 homeless veterans in Collier County at
our last official-point-in-time count, which was in 2023. The '24
numbers haven't been released. Hopefully, they won't be any higher
than that.
Over the past year, as Rick has mentioned, we have opened four
properties in Collier County to house veterans. We opened the
Alpha house, which is a short-term transitional house for veterans
with substance abuse disorders and mental health disorders such as
PSTD and traumatic brain injury. Since opening, we have had 37
veterans, an average stay of seven months, live in Alpha house. It
continues to exist. Right now Alpha house is full with seven
veterans today.
Bravo or Charlie houses provide long-term supportive housing,
up to six senior veterans on fixed incomes who receive subsidies.
And the last house, as Rick, I think, had mentioned, is the Delta
house, supportive house, complex apartment that houses up to 20
veterans, including men and women.
In addition to getting veterans off the streets, we connect our
residents with supporting services and mental health counseling, peer
support through David Lawrence as well as educational opportunities
and college scholarships.
Thanks to the generous support of private donors, philanthropic
groups in our community, our goal of ending veteran homelessness in
Collier County gets closer to reality with every passing day.
The day that we have no homeless veterans in Collier County, I
would be the first to admit that we are a veteran friendly community.
I also stand before you as a veteran, and I really take great pride
April 23, 2024
Page 124
in that in my service to this nation. As the Warrior Homes of Collier
County, we commend the county for pursuing projects in support of
the men and women who have served this country with duty and
honor and applaud your efforts to make Collier the most veteran
friendly county in the state.
Our concern, though, is that the immediate needs of our
vulnerable veterans and population are not being met and that this
project likely won't come to fruition for years. It also benefits
current county residents in need of additional assistance.
In the last four years, we have housed 65 veterans in Warrior
Homes and are now at full capacity. We have waiting lists for
prospective new residents.
We continue to provide emergency assistance through our
homeless prevention programs, including rent, utility payment
support, and food cards.
We can't do it alone. Through our efforts, we have organized
and led a coalition of 17 local organizations all committed to a single
mission, and that is that no veteran is left behind in Collier County.
The shortage of housing for veterans and the community crisis
that requires leadership, advocacy, innovation, and investment from
the public and the private sector and organizations and individuals.
The Collier County Community Foundation, which Warrior
Homes proudly counts among our supporters concur, that the
identified homelessness in seniors is a top priority in 2023 in their
current needs assessment. Our approach isn't just to do things to
do -- our approach isn't just the right thing to do. It will save our
taxpayers money.
Consider these statistics: At Warrior Homes, it costs us about
$30 a day to house a resident; at St. Matt's, $55 a day; the homeless
veterans in the Collier County Jail, those costs increased to more than
$200 per day. If they are Baker Acted at the David Lawrence
April 23, 2024
Page 125
Center, the cost is about $1200 a day.
These brave warriors need the support of our community and
desire safe and clean and accessible housing as well as greater
support with mental health and wellness.
Warrior Homes of Collier urges Collier County to expedite the
process of not only allocating sales tax surcharge revenues, but to
other sources of revenue towards its committed projects, including
the state nursing home. We also urge and challenge and encourage
the county business and philanthropic groups and private citizens
who care about veterans to invest in proven local resources that can
deliver help today. Every day is a day that more and more veterans
are at risk of falling through the cracks. Thank you.
(Applause.)
MR. MILLER: Your next speaker is Garrett Beyrent, and he
will be followed by Dr. Dmitriy Shoutov.
MR. BEYRENT: Thank you very much. Garret FX Beyrent.
I want to thank Burt personally because I'm actually a combat veteran
from what we call the Vietnam error, the e-r-r-o-r.
Long story short, I was trained to fire surface-to-air missiles to
protect New York City. Unfortunately, it was at the time when the
Tet Offensive was cranking up.
So I got to actually just do riots in Newark, New Jersey, and
in -- of all the places, in a place called Liberty City, Miami. Every
time somebody's running for election, they call out the National
Guard.
So long story short, my bad leg only bothers me when I'm in
cold weather. See? So it's good being here.
But people don't realize that Burt, he was more upset the last
time the round came around when we didn't get the money. That
was what four or five years ago. And the funding -- we were second
in line. I was watching it closely. We were second in line, and the
April 23, 2024
Page 126
money went to Fort Lauderdale because of their population base, is
what I was told. I don't know if that's true or not. We just didn't get
the money. You got the money. You're the guy, okay. Thank you.
(Applause.)
MR. MILLER: Your next speaker is Dr. Dmitriy Shoutov.
And he will be followed by Betty Bailey.
COMMISSIONER SAUNDERS: While he's coming up,
I'll -- while he's coming, I'll explain what happened.
In 2014, Florida was ranked No. 1 to get a nursing home, and
the then-commission -- none of us were on the commission at that
time. None of us even knew what the county was doing in terms of
the nursing home.
The Collier family offered up a parcel of land at Ave Maria for
the nursing home, and that's the parcel that Collier County used and
sent up to Tallahassee. That parcel was not acceptable on its face
because it was too far from a hospital.
So Collier County dropped off the list and was not even under
consideration for a nursing home until we, back in 2018 and 2019,
got sales tax money available for a local match and went to the
legislature to get us back on that list.
Up until then, we were not on a list because the County
Commission back in 2014 really didn't know how to go forward with
this project. They sent up the wrong property and dropped off the
list.
So, Garrett, that's what happened back in those days.
MR. BEYRENT: Thank you, Burt. Love you anyway, no
matter what.
MR. MILLER: Doctor.
DR. SHOUTOV: Okay. Thank you, Commissioners. Thank
you, county fellows. My name is Dmitriy Shoutov, and I have
Ph.D., and I'm writer. Thank you.
April 23, 2024
Page 127
You don't need much time to go through the papers or browse
the Internet to understand that our veterans deserve a better life.
Whatever budget USVA has, it always looks like the money could be
bigger or more money could be -- better serve the 16 million veterans
in this country. Many veterans complain about low pension and
disability allowances and so on.
Imagine, VA annual budget is five times smaller than market
capitalization of any oath [sic], Apple -- Apple, Microsoft, Amazon,
or Google. The Internet search for how U.S. private sector helps
U.S. veterans give me 1.2 trillion in half seconds answers and
intakes.
All answers, I read about 20 from the top, were
recommendations to private corporations how to help veterans to
prepare a résumé or build websites.
This is -- this is to say -- this is to -- is it working? This is to
say that it was not easy for the county to collect money. We are
celebrating some of the portions today. County, 23,000 veterans,
somebody said.
Some examples, back two, three years ago, Commissioner
Saunders fought for additional square footage. He looked for funds
in bits and pieces in very plausible directions including U.S. Senate
and VHR [sic] sources and others, and he travels to Senate
Washington, D.C., next week. Good luck.
Then somebody -- then somebody smart -- then somebody else
smart came up with the innovation idea of having Snoezelen room in
the complex we are talking about. Come on. This is innovation.
That's a real, real thing. It's relaxation. All natural experience was
initiated by non-profit organization in Portugal, and now it's very
popular around the world, and now will have opportunity, able to
enjoy it, and get healthier.
Collier County -- Collier County care facility is an important,
April 23, 2024
Page 128
timely, and very needed undertaking.
Thank you, veterans, thank you, leadership, and thank you all
county hardworking people who invested a lot of energy in this
project and make it underway and will be completed hopefully on
time. Thank you.
(Applause.)
MR. MILLER: Your next speaker is Betty Bailey. She will be
followed by Yvette -- and, forgive me -- Benarroch?
MS. BENARROCH: Yep, you got it.
MS. BAILEY: Yes. Betty Bailey, president of Local 7721
Auxiliary, also a state representative for the hospital program for the
VFW Auxiliary.
Commissioner Saunders, thank you so much for working with
me to help make our auxiliary aware of what's happening.
Commissioner McDaniel, also for the work that you have done over
the years. And thank you, veterans in the audience, for your
sacrifice, your value -- valor, I should say, and your giving for our
freedom that we can now be here today.
It's very important for a nursing home in Collier County.
Presently we have 730 veterans that are in nursing home facilities.
Part of the auxiliary programs -- and we have some of our hospital
visitors here today, Lois, a few of our others are here who have
visited these veterans in nursing homes.
One of the factors that's very sad is the isolation that these
veterans experience. Some of them do not have families, some of
them are suffering from PTSD. It's very sad when you see a
Vietnam veteran and you say, "Did anyone give you a hug and
welcome you home?" And once you do that, the tears start calling
[sic] from both eyes, theirs and yours.
So, again, this opportunity to service our veterans and their
spouses, which are caregivers, which also suffer some of the PTSD
April 23, 2024
Page 129
that their veteran husband or wife went through.
So thank you again on behalf of what you're doing for Collier
County. We appreciate it.
(Applause.)
MR. MILLER: Your next speaker is Yvette Benarroch, and
she'll be followed by Jackie Keay.
MS. BENARROCH: Good afternoon. My name is Yvette
Benarroch.
As a Desert Storm Air Force veteran and second vice
commander of American Legion Post 404, I proudly stand here in
support of this project. This is not just a building. It's a beacon of
hope for those who've served our nation. This facility will be more
than just a place of care. It will be a community that honors our
veterans' sacrifices.
Thank you for paving the way, standing united in supporting our
veterans, reaffirming our commitment to those who have served,
because let's remember, freedom is not free; it has been paid for with
the blood, sweat, and tears of our brave servicemen and women.
God bless you, God bless our veterans, and God bless the United
States of America. Thank you.
(Applause.)
MR. MILLER: Our final registered speaker for this item is
Jackie Keay.
MS. KEAY: Good afternoon. My name is Jackie Keay, and I
would say I was trained by the best branch, which is the Army, of
course. So thank you.
Actually, one of my favorite T-shirts, I told David back there, is
"Army, because even the Marines need heroes," so that's my favorite
T-shirt.
So the beauty of what I do in the community -- I spend a lot of
time in the community speaking to people, more importantly,
April 23, 2024
Page 130
listening. And I find that for me it became very frustrating. I'm
with an organization called The Journey Home, and I'm the veteran
outreach team director. And one of -- my focus in getting involved
not only as a veteran but community member is I became very
frustrated because I saw so many gaps in the services for veterans.
One of the things that just broke my heart is that when a veteran
is in crisis, there's no mental health system of care for them. They
are either Baker Acted, sent to the hospital, sent to jail, so there is no
actual system of care.
So for me, understanding the community and knowing the
services that are available -- when I met our CEO, Eldon Solomon,
during Hurricane Ian relief, I told him that I feel like there is a way
for us to put together a system of care that is local but something that
can be extrapolated at a state and national level. It's taken a lot of
work and working with Michael Overway from the Hunger and
Homeless, as well as Captain Tony Marrow from EMS, and we have
an actual system-of-care template that we have put together. We'll
be discussing that and working on that tomorrow at the Botanical
Garden.
But it is an actual system of care, and you can put in -- whether
it's workforce housing, if it's an issue dealing with poverty, it's a
template that can be used across different situations.
But I am currently working with two veterans, elderly veterans.
I have contacted various organizations through the Continuum of
Care. There are no services for veterans who are elderly without
services and isolation. So for me, standing in that gap until we're
able to help them to be at a place where they're thriving is very
important.
The closest I could get help for them is the Baker Senior Center,
and that's going to take a couple of weeks just to even get an
appointment with them.
April 23, 2024
Page 131
So there are no systems for these veterans. And these are the
vulnerable veterans, and these are the ones that are uncounted in our
homeless population. One veteran, he is, in fact, homeless from Ian,
but he has a friend who's taking care of him. But if that -- that friend
is leaving in June, so he's going to be isolated. So I'm the only
connection he has to the community. So this nursing home, or a
better word for it would be veteran long-term-care facility, is very
much needed, and thank you all very much for working hard, and
especially Commissioner Saunders, because we have met multiple
times and me going over these issues with you. So thank you.
And thank you, Bob.
(Applause.)
MR. MILLER: And that concludes our public comment for
Item 10B.
CHAIRMAN HALL: County Manager, why don't we take a
court reporter break before we start with our next agenda item, and
we'll come back at 2:35.
(A brief recess was had from 2:25 p.m. to 2:35 p.m.)
MS. PATTERSON: Chair, you have a live mic.
CHAIRMAN HALL: All right. We finally are at our 1:30
time-certain.
MS. PATTERSON: Well, at least it was no sooner than 1:30,
so we're doing well.
Item #11D
A LONG-TERM LEASE AND OPERATING AGREEMENT WITH
THE GATE GOLF CLUB, INC., (“THE GATE”) FOR THE
CONSTRUCTION, RENOVATION, AND OPERATION OF A 9-
HOLE PUBLIC GOLF COURSE, DRIVING RANGE, SHORT
GAME AREA, CLUBHOUSE WITH A RESTAURANT, A FIRST
April 23, 2024
Page 132
TEE LEARNING CENTER (“GOLF COMPLEX") WITH A
DISCOUNTED FEE STRUCTURE FOR COUNTY RESIDENTS,
AND A RENTAL FEE TO BE PAID TO THE COUNTY. (ED
FINN, DEPUTY COUNTY MANAGER) (ALL DISTRICTS)
MOTION TO APPROVE W/CHANGES BY COMMISSIONER
SAUNDERS; SECONDED BY COMMISSIONER MCDANIEL
– APPROVED
Item 11D is an item to be heard no sooner than 1:30 p.m. This
is a recommendation to approve a long-term lease and operating
agreement with the Gate Golf Club, Inc., for construction, renovation,
and operation of a nine-hole public golf course, driving range, short
game area, clubhouse with a restaurant, a First Tee learning center,
with a discounted fee structure for county residents, and a rental fee
to be paid to the county.
Mr. Ed Finn, your Deputy County Manager, will begin the
presentation.
MR. FINN: Thank you, ma'am. Thank you, Mr. Chairman.
Ed Finn, Deputy County Manager.
I'm very pleased to present the Golden Gate Golf Course lease
and operating agreement today. The objective of today's meeting is
to approve the long-term lease and operating agreement with the Gate
Golf Club, Inc., for the golf complex at the Golden Gate Golf Course.
County staff and our partners at Arthrex have collaborated to
create an agreement to redevelop the Golden Gate Golf Course to the
highest standards. Our collaboration ensures that the public will
continue to have access to the golf course. It directly supports youth
development programs such as First Tee and, consistent with the
strategic plan, utilizes private sector's expertise to meet our
community expectations.
This agreement will deliver substantial benefits to our
April 23, 2024
Page 133
community. It will not only increase access to qualifying golfing
facilities, but also provide more opportunities for youth to engage in
character and sportsmanship development programs.
Moreover, the economic impact of this redevelopment will
benefit the community, contributing to local growth and
revitalization.
Lastly, we're committed to preserving and enhancing the local
green spaces that our community values so much.
We have prepared today a thorough presentation. I'm going to
endeavor to move through it as quickly as possible.
Up front, I'm going to note a couple of changes -- changes to the
contract that was printed into your agenda. On your screen right
now are changes that adds some additional structure to the
pricing -- pricing approach to be used here. Essentially, it says that
the lessee understands this is a public golf course, and maintaining
accessibility to the community is paramount. Lessee shall set green
fees pricing at market rates using a dynamic pricing structure,
ensuring accessibility to the public while maintaining financial
viability.
Additionally, this section of Exhibit B was adjusted slightly to
make -- to make the deadlines for obtaining permits and completing
the construction a little clearer than it was in the original agreement.
With that, let me return -- return to the presentation in general.
And as I do that, I'm going to introduce and thank the team that was
instrumental in getting us to this point. Of course, Mr. Schmieding,
Mr. Hall, and Mr. Bumpous from Arthrex, Ms. Darland from First
Tee, Mr. McLean from MHK Architects, and Ms. Ashkar from the
County Attorney's Office.
This is just a location to bring us into what we're talking about.
The timeline leading up to today, essentially on February 13th, the
Board directed staff to commence negotiations with the Gate Golf
April 23, 2024
Page 134
Club, Inc., to bring this back today.
And as I say the Gate Golf Club, Inc., I'm going to try to
describe that -- describe who that is to you. This was a non-profit
established by the Schmieding family. The Gate Golf Club is a
non-profit corp created to develop and operate the former Golden
Gate Golf Course and to apply its income exclusively for charitable,
scientific, or educational purposes and to engage in other activities
exclusively to further these purposes.
The agreement has several elements: The lease and operating
agreement, the sketch of the land involved, construction of the golf
complex, the terms of operating the golf complex, a sheet that defines
the rent, a binding term sheet relative to First Tee, and a sheet relative
to the county resident discounts.
And if you'll indulge me for a moment, we have about nine key
terms. I'm going to try to go through these as quickly as possible.
The Gate will design, permit, and construct a nine-hole public golf
course, driving range, practice area, and related amenities comprising
the golf complex.
The Gate, under the agreement, is permitted to retain a
third-party operator.
The Gate has selected Affinity Golf Partners, doing business as
Bobby Jones Links, a private club management firm. As part of our
actions today, we're going to be asking the Board to also approve or
authorize the Gate to utilize Bobby Jones as the third-party operator.
The Gate will pay the county a phased-in rent of $130,000 a
year. That will have -- once it's phased in, that will have annual CPI
adjustments.
County residents will receive year-round golf discounts of
40 percent for seasonal -- off of seasonal rates and 20 percent off of
off-season rates. The Gate and Bobby Jones estimate the annual
value of those discounts to be in the $600,000-a-year range.
April 23, 2024
Page 135
The Gate will sublease land to First Tee to build a First Tee
learning center which is comprised of a clubhouse, classrooms,
office, conference rooms, and some storage.
Just a few more to get through.
The Gate is solely responsible for designing, permitting, and
constructing the golf complex. The initial estimate is at least
$21 million. Construction shall be completed within 24 months of
final site-related permitting.
The county -- consistent with the Board's direction, consistent
with the invitation to negotiate, the county will invest six million to
redevelop the golf course. The payment from the county will not be
made until the final site approvals are in place for the golf course.
Any cost above six million is the responsibility of the Gate Golf
Club, Inc.
Relative to environmental remediation, the Board is on record as
acknowledging that environmental concerns associated with the site
are, in fact, the responsibility of the property owner. So according to
that, if it is determined that environmental remediation is going to
exceed a cap of $250,000, the Gate Golf Club and the county will put
their heads together, and the county will have an opportunity to
determine whether they want to fund up that remediation or the
parties could at that point in time elect to part ways and move
forward in another direction.
And the last thing I'll mention is the lease has an initial term of
40 years with 20 years of renewals at five-year increments.
I will show the Board a sketch of the leased property.
Operating terms have kind of been covered in what I've already gone
through, and if there are some questions, feel free to toss those out.
This talks a little bit about professional management, on-site
staff responsibilities, it talks a little bit about the initial hours of
operation and the initial operating approach.
April 23, 2024
Page 136
This slide gives us a little more depth into the third-party
operator. As I mentioned, we're including that in our final
recommendation for the Board to also approve the third-party
operator.
We talked about adjustments to the language. That's included
in your package.
And this is Exhibit F, which is the 20 percent discount, and you
can see it's seasonally arranged. May to October would be a
20 percent discount. May to October would be off-season base rates.
So this still results in a very, very reasonable rate. The high season
discount between November and April 30th will be 40 percent.
The value -- I had already mentioned the value of the discount
being contributed back to the new users of the golf course.
Rent, the table on the left-hand side shows the phase-in of rent.
There's zero rent during the construction duration. Year one, which
will be a phase-in year, probably just be a partial year, it would be
40,000, it will ramp up to 80,000 in the second year, and in the third
year of operation we will -- we will hit our base rent level. At that
point, it adjusts for CPI.
Golf course improvements, a nine-hole golf course, driving
range, practice area, pro shop, cart barn and maintenance building,
building with 150-plus full-service dining seats, food and beverage
areas, private event space and a patio, hitting bays with the latest golf
tracking technology hardware, and audiovisual experience, and
probably, as we sit here in the early phases of this approach, the final
design will be brought back to the Board for approval before it
proceeds.
Timelines, within six months of the effective date of the lease,
the lessee will deliver its plans for our review. Final site-related
permitting shall be completed no later than 24 months. Permitting is
always a question. And with some of these environmental concerns,
April 23, 2024
Page 137
as well as stormwater management concerns, there could be some
twists and turns in this, and the language allows some flexibility for
the County Manager to provide some additional time so long as the
lessee provides clear indication that they're proceeding appropriately.
They're committed to providing us with timely reporting during this
process.
The Gate will commence construction and the improvements
within 90 days of receiving the final site-related permitting, and
within 24 months of that, they will have completed, and there are
certain parameters under which they can seek additional time. And,
again, those parameters are defined in the agreement.
We talked about the language changes relative to these
deadlines.
A little more -- a little more detail on the remediation cap terms
that I mentioned.
Overall site diagram, you can see the bulk of it is golf course.
You can see in the bottom of the page, starting on the left-hand side
is the affordable housing property, moving up to the restaurant
practice area and First Tee academy area that's part of this lease
arrangement, and finally, as we move -- as we move north or to the
right -- to the right, the VA -- the VA -- strike that. The state
veterans' nursing home property and related comprises that corner.
Let's see if I can zoom in here a little bit. Starting here,
restaurant building, kitchen, concession, driving range, pro shop, cart
barn, event pavilion, and First Tee-related areas over here. This is
951, and this is the access to the site.
Conceptual golf course routing study. Again, you'll see
lower -- lower left-hand side is the golf complex and the hitting range
and the practice area.
COMMISSIONER McDANIEL: Do you want questions now,
or do you want us to wait till the end?
April 23, 2024
Page 138
MR. FINN: Why don't I get all the way through it, and then we
can make sure the right person is answering -- answering the right
question. I appreciate that. Thank you, sir.
First Tee learning center, a nominal rent. The lease will be
between -- between the Gate and First Tee. They anticipate a
nominal dollar or $10 a year rent for the site. You can see that the
First Tee learning center is integral already in the design.
Rendering -- rendering of what the site is expected to look like.
This should give you a pretty good sense of kind of the quality
construction and what the vision is here.
And with that, I will mention that, again, we're looking for -- to
execute the long-term lease and operating agreement. We're
looking -- including a First Tee learning center concept in there, the
discounted fee structure, a rental fee to be paid to the county, and
approve Bobby Jones Links as the third-party golf course operator,
and approve and authorize the changes to the contract language that
we had offered initially.
In summary, we see this agreement as a strategic alliance for
community enrichment, quite frankly. It reflects our dedication to
public service and our commitment to fostering a vibrant, active
community around the Golden Gate Golf Course.
With that, I will -- I will attempt to or some of my folks that
have helped us with this, will be able to answer your questions.
CHAIRMAN HALL: Commissioner McDaniel.
COMMISSIONER McDANIEL: Okay. If you would go to
the plan for me, please. There you go. What's the distance from the
proposed driving range to the veterans' nursing home site?
MR. FINN: I don't know that, don't know that. I would say
it's -- the site is largely adjacent to it. The intent was to provide a
hitting area for the veterans from that site. I believe it's a couple
hundred feet.
April 23, 2024
Page 139
COMMISSIONER McDANIEL: It needs to be a couple
hundred yards. It better be 300-plus if I'm hitting there.
COMMISSIONER LoCASTRO: I've seen you golf. That's
not true.
COMMISSIONER McDANIEL: Don't laugh.
CHAIRMAN HALL: To the right.
MR. FINN: So the range itself is 350 yards, and then we have
another couple hundred feet to the structure.
COMMISSIONER McDANIEL: And that's sufficient?
MR. FINN: (Nods head.)
COMMISSIONER McDANIEL: When we're in our design
phase, I would like the potential for additional buffering on that north
end from lighting for the driving range, and make sure the lighting's
facing from the veterans' nursing home back towards the driving
range so we don't -- because that's -- if I recall the hours, that driving
range is going to be open until 10, 11 o'clock at night, and so we want
to make sure that we have a really solid buffer between the driving
range and veterans' nursing home.
And if a net's requisite, then we need to do a net just in case I do
catch one the right way and it does go more than 350.
CHAIRMAN HALL: Just in case.
COMMISSIONER McDANIEL: Just in case. You never
know. If I flinch at the right time, it may go.
COMMISSIONER KOWAL: Cars on Collier.
CHAIRMAN HALL: Commissioner LoCastro.
COMMISSIONER McDANIEL: No, I'm not done. That was
question one.
My other question has to do with that pro forma that was over
here, and it has to do -- I was -- you can see my handwriting. I was
trying to do some math.
There's a lot of discussion about the users of the First Tee. Are
April 23, 2024
Page 140
they included -- because there's very specific hours of operation
where First Tee's going to have a prioritization of use, which is good.
But it was difficult to ascertain -- I was trying to come up with a
more specific number as to what the fee charges were going to be.
MR. FINN: Okay. With that, perhaps I could bring Mr. Hall
up here, and he can directly respond to the financial questions
associated.
COMMISSIONER McDANIEL: And how's Mr. Hall doing?
MR. HALL: Very good, thank you.
So the short answer to your question is, yes, it is included. To
give you a breakdown, there's roughly 46,000 rounds included within
the first-year pro forma that you have in front of you. Of those
4,000 [sic] rounds, roughly 4,000 are designated as First Tee rounds.
COMMISSIONER McDANIEL: Okay. Is there -- do we have
any estimate -- because the language was very broad, and I
understand it needs to be broad for --
MR. HALL: Forty years.
COMMISSIONER McDANIEL: Yes. And to -- I was just
trying to offer some solace, if you will, as to what the rate structures
were, in fact --
MR. HALL: I can tell you rates that were used in that pro
forma as to how they were --
COMMISSIONER McDANIEL: That would be wonderful.
MR. HALL: -- so I can be fully transparent.
COMMISSIONER McDANIEL: Way better than my math.
MR. HALL: Way better than your math.
So I can tell you the rates that were used within the initial pro
forma that the commissioners have in front of you, for a
nonresident -- nonresident person coming to the course playing full
nine holes, in peak season it would be $89. Forty percent off of that
would be a resident rate of $53.40. That's high season with the six
April 23, 2024
Page 141
months that Ed said. It's off season -- off season for nine holes, a
nonresident would be $39, 20 percent off of that would give a
resident a rate of $31.20.
COMMISSIONER McDANIEL: Outstanding.
I'm going to let Commissioner Saunders make the motion for
approval and support it. I just --
COMMISSIONER SAUNDERS: I appreciate that.
COMMISSIONER McDANIEL: Yes, sir.
MR. HALL: Of course, First Tee's are discounted below that.
COMMISSIONER McDANIEL: Yes. That came without
having to be said. So perfect. Thank you, sir.
MR. HALL: Very welcome.
CHAIRMAN HALL: Commissioner LoCastro.
COMMISSIONER LoCASTRO: Thank you, sir.
I got most of my questions answered yesterday. I'll just
summarize by saying, you know, there's always going to be small
little things with this, and even medium things. And I've said at a
previous commission meeting, sometimes -- not all the time, but in
this particular case I believe it to be true -- a 9.5 now is better than a
10 that never comes, and we've had the 10 that never comes for years.
So having, like, this incredible group of people that have come
together now is an opportunity we don't want to waste.
We were just in here talking about the state-funded veterans'
nursing home, and the reason why it's high speed and moving in a
direction is all the main players have come together. You have
the -- you have the owner, creator, founder, and the 50-pound brain
of Arthrex sitting right here in front of us.
(Applause.)
COMMISSIONER LoCASTRO: Mr. Schmieding, did I say
that the way you wanted me to? You know, I got your e-mail here.
MR. SCHMEIDING: We'll take it.
April 23, 2024
Page 142
COMMISSIONER LoCASTRO: No, but I say that because,
you know, level of interest is shown by the people who show up. So
many people want things in the community, and at times we vote on
it in an empty room. You can tell the commitment, the dedication
into trying to make this the best thing that it can be. Will it be a 10?
I don't know. I think --
MR. SCHAFFEL: Of course it will.
COMMISSIONER LoCASTRO: -- the plan is it's going to be
that. But there's no question that we don't have the right, you know,
group together that are dedicated. And you were looking for that
from us, and we're looking for that from you, and I believe that we've
gotten it. And so I'm very strongly in support of this project.
One thing that I will ask -- and this might be -- this is a small
thing. I mean, we have artists' renderings now. This will be down
the road, but the term "Collier County resident," I mean, I can tell
you, I'm the commissioner for District 1. My district is very
seasonal, and other districts are, but I've got people on Marco Island.
You know, Marco Island is 55,000 people in season, 15,000 in the
off-season.
In season, a lot of those snowbirds consider themselves
residents. When the time comes for pricing, trust me, if we don't get
that right and somebody walks up and says, "I have a condo in
Fiddler's Creek, and I live there two weeks out of the year, but I'm a
resident, and I pay taxes, and I expect to play golf for $5," I don't
know what the -- you know, what the rule's going to be. Let's just
not forget that down the road, because I deal with that a lot in my
district, residential pricing, nonresidential for lots of different things,
and if you don't get that very specific -- Residents' Beach on Marco is
a perfect example. The rule is you have to live on Marco and have
an address and bills and all that. Well, seasonal people have some of
that, and I get -- I've gotten stuck behind them at the gate as they're
April 23, 2024
Page 143
holding up their electric bills for their seasonal condo, and they're
turned away. So, you know, pricing is a big deal and getting that
right.
One question I have is -- is Mr. Jacobsen, Peter Jacobsen still
involved? He is. Okay.
MR. SCHMEIDING: Yes.
MR. BUMPOUS: Of course.
COMMISSIONER LoCASTRO: Okay. And now that we've
brought in Bobby Jones -- is it Bobby Jones?
So, you know, starting to get -- you know, not every community
that has a course gets these kind of names. And I'm not saying
things in the past, even some of the things that maybe predate some
of the people up here weren't perfect in the past, some of them
weren't, but we're dealing with the here and now. And I'm very
excited about the path that we're on, and thank you all for your
expertise. And, you know, I'm extremely committed to this project
and how it's going to be cohesive with all of the other things around
it.
I mean, you know, we just had veterans in here, and when
they're sitting in their veterans' nursing home and other places
looking at a brick wall, but they're going to be in our veterans'
nursing home at some point looking out the window and watching
people golf seeing incredible, beautiful landscape, some of them that
are able to be --
(Applause.)
COMMISSIONER LoCASTRO: -- able to go out there and hit
a few balls in the driving range or putt on the green with their spouse
maybe as they're recovering or getting, you know, some type of
therapy. I mean, this thing starts to become kind of a no-brainer.
Lastly, I'll just say, let's not screw it up. You know, let's not
screw it up.
April 23, 2024
Page 144
And so thank you for all your dedication, and I'm encouraged by
what I'm hearing and seeing.
(Applause.)
CHAIRMAN HALL: Commissioner Saunders.
COMMISSIONER SAUNDERS: Thank you, Mr. Chairman.
For me, this has been kind of a long time coming, so I'm
delighted to have folks here today to do this.
I will be making a motion to approve the documents that are
before us, but I do have a couple questions for the -- I'm not sure if
Dan Hall would be the right person to ask this to. But we have a
fairly long timeline in terms of permitting, up to 24 months, and I
understand that you've got to be pretty conservative in how long it
takes to do the permitting, and then you've got a construction period
after that, and I understand that as well.
My question is, will there be an opportunity to develop the golf
course more quickly, do that first, and then have a temporary facility,
a trailer for check-in and that sort of thing so we can get the golf
course open? Because I can tell you there are a lot of people in the
audience that are -- they want to hit some balls on that driving range
and that golf course. And my hope is -- because I think permitting
might be a little lighter in terms of the golf course than it is for the
facilities where you have people eating and that sort of thing.
Is there a proposal or an opportunity to move this forward more
quickly in the development of the golf course portion of it with some
temporary facilities?
MR. BUMPOUS: Certainly. Thank you, Commissioner.
David Bumpous with Arthrex.
Our intention is to treat this one project almost like two projects,
one being the village and one being the course itself, the village
incorporating the driving range. We plan to attack it very much like
we do most projects being in a staged approach.
April 23, 2024
Page 145
So when we can get early work permits for certain portions of
the work, that will certainly be our intention. We've already talked
with county staff about those opportunities because, listen,
we're -- you know, we have it designed pretty much and are ready to
go as soon as possible.
We do understand and recognize that the environmental impacts
are going to drive a lot of this. And so I can only give you our word
that we're going to pull the trigger as fast as we possibly can. We
would love for it to align and open at the same time, but the reality is,
to thoroughly do this golf course and do it right, we're going to try to
time it so that seeding occurs in late spring, early summer for a fall
opening, would be the ideal scenario to truly get a good, you know,
successful course for everyone to play.
COMMISSIONER SAUNDERS: So the potential would be for
a golf course to be open not this -- obviously not this fall --
MR. BUMPOUS: Correct.
COMMISSIONER SAUNDERS: -- but the fall from a year
from now?
MR. BUMPOUS: That would be wonderful.
COMMISSIONER SAUNDERS: And then would there be
some temporary facilities for check-in and that sort of thing, or would
you --
MR. BUMPOUS: That's certainly something we will entertain.
We've talked with Bobby Jones about setting up that type of
operation so that golf could resume. But, again, if we don't have the
parking lot facilities and we don't have restroom facilities and those
support facilities, we'll have to -- we'll have to figure out how that
works because we genuinely don't have enough extra or any extra
land. So if we're in construction on the village, it really leaves you
few options to have the supporting operations.
COMMISSIONER SAUNDERS: Understood, understood.
April 23, 2024
Page 146
Mr. Chairman, I think that's really all the questions I had. I
don't have any questions on the lease itself. And I know we
probably have some registered speakers, I would guess.
MR. MILLER: Yes, we have five registered speakers.
Your first speaker is Garret FX Beyrent. I do not see -- I'll give
him a minute to come in from the hall, but let's go to the next, Cece
Zenti.
(Applause.)
MR. MILLER: And Cece's been ceded additional time from
Louis Zenti.
Louis, are you here?
(Raises hand.)
MR. MILLER: Thank you. So she'll have a total of six
minutes, and she will be followed by David Marren. Oh, she'll be
followed by Garrett Beyrent.
COMMISSIONER McDANIEL: He doesn't want to speak.
MR. MILLER: Okay, Ms. Zenti, go ahead.
MR. BEYRENT: I'm in favor.
MR. MILLER: Okay. We've moved --
MR. BEYRENT: I hate golf, but I love Naples, Florida.
MR. MILLER: Garrett, we've moved on to someone else.
Cece, go ahead.
MS. ZENTI: Good afternoon, Commissioners. Is this hot?
Yes, it is. Good afternoon, Commissioners for the record, Cece
Zenti, 4226 27th Court Southwest.
Many of us here today are from the Par 1 community, and we
share, as you all know, the lot line with the county-owned Golden
Gate -- was known as the Golden Gate Golf Course, now known as
the Gate.
Just a few short weeks ago, we came before you and heard an
eloquent presentation by Arthrex operations vice present, David
April 23, 2024
Page 147
Bumpous speaking of Arthrex's intent to partner with the county and
First Tee to bring golf to Collier County.
Today, we are here to hear the outcome, the acceptance of the
contract between Arthrex and Collier County. Commissioners, your
predecessors labored over what and how to move forward with this
parcel formally known as the Golden Gate Golf and Country Club.
We want to acknowledge and thank Commissioners Donna
Fiala, Penny Taylor, and Andy Solis there's still more to do.
A leading corporate citizen and the president of Arthrex has
stepped forward and made the case and commitment, backing this
proposal with capital, to move this project forward. We are here to
encourage you to accept and move this long, very long-awaited
project forward.
Recently, while doing physical therapy, I had the privilege of
meeting -- I was doing my physical therapy and had the privilege of
meeting three firefighters who had been injured. All, without
exception, were in outstanding condition. Each one was around
inspiration to observe as they met the rigorous challenge of rehab,
and each of them, in conversation, told me how much they loved
what they did and could not wait to get back to serve the people of
Collier County.
While I had that opportunity, I imagined them living in the
housing that will soon be started on the property, and I imagined their
children at the Golden Gate Community Center at an after-school
program so close to their home as well as walking to the First Tee
learning center.
Many of our first responders, our law enforcement, and Collier
County Commissioners have served in the military, and the
possibility of the proposed VA facility, which we had the opportunity
to see today, was outstanding, and this is another opportunity of
service to our working men and women in Collier County. Each
April 23, 2024
Page 148
component slated for this property is needed, and we who live right
next to it welcome it.
Additionally, amenities provided to make this golf course
driving range and restaurant a great destination for family, recreation,
and entertainment for Collier County. Our hope and wish is for the
contract to be accepted for the construction of the gate to begin as
soon as possible.
Arthrex has put together a beautiful golf course -- we've seen
that -- that will attract many and allow people of all backgrounds to
have the opportunity to enjoy a round of golf without thinking twice,
three times, four times, "Can we afford this? Can we take the
family?" So many travel out of county, and they take their money,
to find good green fees. Arthrex is bringing this golf course back to
life.
Commissioner Burt Saunders has diligently worked on this as
well as many needed projects for Golden Gate City. He, along with
several of your predecessors, devoted a great deal of time and thought
about how to best utilize a very well-placed parcel for the people in
Collier County. Again, Donna Fiala, Andy Solis, and Penny Taylor,
thank you for meeting, listening, and working with Commissioner
Saunders and many of us. A special acknowledgment outstanding
corporate citizen, Arthrex, and most certainly to the president. To
Jacobson Hardy Design, the golf course looks great.
The Golden Gate Civic Association and Cindy Darland of First
Tee worked and never wavered in their strong support for this
project. Now, Commissioners, we look to you. This is a project
whose time has come. We look forward to a positive outcome, and
we humbly ask that you vote positive today, and thank you.
(Applause.)
MR. MILLER: Your next speaker --
CHAIRMAN HALL: Have you got a comment?
April 23, 2024
Page 149
COMMISSIONER KOWAL: No, I'll wait till the speakers are
done.
MR. MILLER: Your next speaker is David Marren. He'll be
followed by Jean Romano.
(Applause.)
MR. MARREN: Good afternoon. It's a pleasure to be here
today. I've been here many times in the past, and it wasn't such a
pleasure. Today is a pleasure.
I want to just follow up with I agree with everything Cece said.
I think there are a lot of thanks that should go out to the folks at
Arthrex, Cindy Darland and the First Tee team, the commissioners
themselves to being open to the proposals that have been presented.
It takes a lot of work to get that done, and these folks have put that
work in.
I especially want to thank Commissioner Saunders for his efforts
over the past five or six years, and the staff. You guys have done a
great job in going through all the details for this proposal.
So with that, I would just, one more time, say thank you.
(Applause.)
MR. MILLER: Your next and final speaker on this matter Jean
Romano.
MS. ROMANO: I'll pass. Cece said it all.
MR. MILLER: Jean passes, and that is all we have.
CHAIRMAN HALL: Commissioner Kowal.
COMMISSIONER KOWAL: Thank you, Chairman.
I'd just like to say, you know, myself and Commissioner Hall,
the Chairman, you know, we came on the Board the last election and,
you know, we got to get on this project and see what was going on.
At the time there was another organization that was teaming with
First Tee. And I think at some point throughout that year, we were
asked to give them their sixth extension for financing, and I think we
April 23, 2024
Page 150
all up here as a Board came to the point where we said, No, you have
a deadline, 60 days," or what, I think was 60 or 90 days.
COMMISSIONER McDANIEL: It was 60.
COMMISSIONER KOWAL: And then it reminds me of an old
song that Garth Brooks used to sing, "Thank God for unanswered
prayers," right? Because in the middle of the night they packed their
bags and ran out of town, and we never heard from them again.
So in a way, I think we're getting a better product with a better
partner just by, you know, all those prayers and wishes to get that
done before, we ended up making out in the end. So that's what it
reminds me of, that song, every time I think of it.
But I think this is a great project. I think it's going to be great
for the citizens of Collier County. I think -- just looking at the
prices -- that's what I'm thinking. Mr. Finn yesterday, we were just
trying to figure out how's the price point, this and that, and then, you
know, hearing the pro forma and what you said today, I think this is
spot on, so I hope it stays and it works out that way for our citizens.
So thank you so much. Thank you.
(Applause.)
CHAIRMAN HALL: Commissioner Saunders.
COMMISSIONER SAUNDERS: Thank you, Mr. Chairman.
I want to thank this commission for staying the course. There
was a lot of controversy over expenses and all of those things
associated with that, and this commission has stayed the course,
recognized this as the right thing to do going back a couple years ago
now, and I want to thank all of you for that. I know we're going to
get a positive vote today.
And I want to make sure, Mr. Klatzkow, that when I make the
motion that I include everything that needs to be included in the
motion so that there's no confusion about that.
But before making the motion, I want to thank our new partners
April 23, 2024
Page 151
for everything that they have done to make this a reality. I think
Commissioner Kowal is 100 percent correct; we had what I thought
was a great deal before with another group. I'm glad it fell through.
It was a little painful at the time, but I'm glad that it fell through,
because we have something that will be much better for that
community, Golden Gate area, of course. It will be much better for
the entire county in terms of people that want to play golf there. It's
going to be an amenity for our employees. They'll be able to play
affordable golf.
I have a letter from a fellow named Roy Brown, who's president
of the Bonita Springs Professional Firefighters Local 3444, but it's
typical of the letters I've been receiving where he's saying that this
project in Collier County will be something that the firefighters will
be able to use, our nurses, our schoolteachers, people that we don't
think of all the time as being out there playing golf. They can't
afford to pay 150 or $200 for a round of golf, but they'll be able to
afford this.
And I just think we're going to have a great facility there, but
First Tee, I think, is what really makes this fantastic. We're going to
have -- and I'm speaking without a whole lot of knowledge about
what First Tee does around the country, but I think we're going to
have probably the best First Tee operation in the country. It will be
a model for the country, just like our nursing home for the veterans
will be a model for the country.
And I think when you put all this together that we've got on this
campus, we've got something that we can all be very proud of.
So, Mr. Chairman, I'm going to make a motion to approve the
necessary documents, but I want to make sure, Mr. Klatzkow, that
I'm making a motion that ties everything up and includes the changes
that Mr. Finn discussed, but everything's tied up in a nice bow here so
we don't have to come back and say, "Whoops, we forgot to do
April 23, 2024
Page 152
something."
MR. KLATZKOW: No, I think we had -- everybody's agreed
to the changes, Ed?
MR. FINN: Yes, sir.
MR. KLATZKOW: And those changes were reflected in the
presentation?
MR. FINN: Yes, sir.
MR. KLATZKOW: So the changes, as put forth in the
presentation, will be part of the contract. All right.
MR. FINN: And approve Bobby Jones as the third-party
operator.
CHAIRMAN HALL: Yes, that's included.
COMMISSIONER SAUNDERS: With those two elements,
then, Mr. Chairman, I make a motion to approve this project going
forward now.
COMMISSIONER McDANIEL: Second.
COMMISSIONER LoCASTRO: Can I say one thing? And I
was going to say I think it's appropriate if you make the motion,
Commissioner Saunders, and Commissioner McDaniel seconds it,
since you had the most seniority from this, but -- her name was
mentioned, but I just want to make sure it doesn't fall through the
crack. It's great when the room is full now when you have drawings
and you have Bobby Jones and, you know, Peter Jacobsen and we
have all this beautiful stuff but, you know what, the lady that was
pounding the pavement when this thing was sort of an idea and it
looked like it was a bit fragmented and maybe falling apart was
Cindy Darland and --
(Applause.)
COMMISSIONER LoCASTRO: So I just want to say, it's easy
to be on board when your team wins the Super Bowl, right?
Everybody loves the Patriots. Everybody loves the Kansas City
April 23, 2024
Page 153
Chiefs. And it sort of reminds me of that. But, boy, when the thing
was a little bit sort of shaky, she was in all of our offices, she was at
the end of the phone when we needed something, she was speaking
with such clarity and such determination, and a few of us went to
some events at Arthrex that was trying to get the acceleration
moving. So we're at that point now, but we always weren't. But at
least from my perspective -- and I don't go back as far as
Commissioner Saunders and Commissioner McDaniel, but you were
really, like, the first person that said, "We're going to do this, and I
won't let you down." And, you know, I looked around, and it was
kind of like you and a folder and, like, nobody. But, you know, you
might be sitting in the second row, but I think on this project you're
front and center. So thank you very much.
(Applause.)
CHAIRMAN HALL: All right. We've got a motion. We
have a second. I look so forward to playing in the first
commissioners' cup. And all in favor, say aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN HALL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER KOWAL: Aye.
CHAIRMAN HALL: All opposed?
(No response.)
CHAIRMAN HALL: Welcome.
(Applause.)
MR. FINN: Thank you, gentlemen.
Item #11B
AUTHORIZE EXPENDITURES THROUGH AN EXEMPTION
April 23, 2024
Page 154
FROM THE COMPETITIVE PROCESS TO VISIT FLORIDA FOR
MEMBERSHIP FEES AND DESTINATION MARKETING
PROGRAMS UP TO $150,000, FROM APRIL 2024 THROUGH
SEPTEMBER 2025, AND TO MAKE A FINDING THAT THESE
EXPENDITURES PROMOTE TOURISM. (JAY TUSA,
DIRECTOR, TOURISM) (ALL DISTRICTS) - DISCUSSED;
CONTINUED TO MAY 14, 2024, BCC MEETING BY
CONSENSUS
MS. PATTERSON: Commissioners, that brings us to Item
11B. This is a recommendation to approve and authorize
expenditures through an exemption from the competitive process to
Visit Florida for membership fees and destination marketing
programs up to $150,000 from April 2024 through September 2025,
and make a finding that these expenditures promote tourism.
Mr. Jay Tusa, your director of Tourism, is here to present.
MR. TUSA: I'll give everybody one second to --
CHAIRMAN HALL: Hang on, Jay. We'll let this excited
group get out.
MR. TUSA: Yes, sir.
CHAIRMAN HALL: They must be part of the caddy's
association.
UNIDENTIFIED SPEAKER: Thank you.
COMMISSIONER SAUNDERS: Thank you.
UNIDENTIFIED MALE VOICE: Thank you.
CHAIRMAN HALL: Go ahead.
MR. TUSA: Thank you, County Manager Patterson. Thank
you, Chairman Hall. I'm happy to kind of do a brief background if
you'd like on this item, or if you have some questions that I could
answer for you, I'm happy to proceed either way you'd like.
CHAIRMAN HALL: You've got the presentation for First
April 23, 2024
Page 155
Florida. Why don't you just briefly -- what's the benefits of
providing this to First Florida to -- Visit Florida?
MR. TUSA: Visit Florida. Yes, sir, I can talk a little bit to
that.
So, obviously, Visit Florida serves as the official destination
marketing organization for the state of Florida. And with their
various marketing programs that they offer, it really is a way for us to
have some cost-savings measures in place by using programs that
they offer.
So just one thing, case in point, you know, they offer these
different programs to trade show -- to trade shows. And so we could
take advantage of that where, if we were to go and participate in that
trade show on our own, it could cost as much as 20-, $30,000, where
if we were a participant with Visit Florida, it can cost us 8-, 9-,
$10,000. So you can see, when you have that type of a situation,
you have co-op advertising opportunities.
You know, again, you have, you know, print ads, digital ads that
could cost, you know, some dollars if we wanted to do that on our
own. But if we were able to do that through a partnership with Visit
Florida, again, cost-saving measures in place.
So I can talk a little bit about those programs in particular. So I
mentioned co-op programs, but they also have media missions where
they bring journalists into the area and then also media missions
where Visit Florida will go to shows for us on behalf of Collier
County and represent the county and sell the county. So that saves
us, again, for travel expenses to go to those different types of
things -- excuse me -- different types of things.
So I think it's very prudent that, you know -- as I've been here
for the past month and talking to everybody, obviously, I think that,
you know, cost-saving measures are something that we're all looking
at of how we can kind of, you know, scale back some of these
April 23, 2024
Page 156
programs, perhaps, or save dollars where we can. And I think this
relationship with Visit Florida does certainly allow that.
So I'm happy to entertain any questions that you might have,
you know, in relationship to this partnership we have with Visit
Florida.
CHAIRMAN HALL: Commissioner McDaniel.
COMMISSIONER McDANIEL: I really don't have any
questions. I'm going to be a bit of a contrarian here.
I'm not in favor of this expenditure. I would rather we forestall
this approval at this stage. I would rather we see exploration in
latitudes with the existing TDT, the tourist development tax, statute.
I'm not an advocate of advertising for Naples. We're not having any
problems with people finding Naples.
What -- I would rather us spend the TDT money on
infrastructure, on things that are going to benefit our community and
drive tourism at the same time and not on the advertising component.
So that's -- that wasn't a question. It was my --
MR. TUSA: Right.
COMMISSIONER McDANIEL: It was my contrarian
statement.
CHAIRMAN HALL: I can't agree more. I've said from the
very beginning, for the last year and a half sitting in this seat, I don't
think it's right for us to spend taxpayer money to advertise other
people's business. And I understand that we're trying to drive people
to Collier County.
But we live in paradise. They're coming anyway. And I
always get the fuzzy terms, "Well, Commissioner, you know, we've
had -- this thing, it brings $500,000 worth of, you know, money into
the county," and they start counting hotel nights and restaurants and
stuff like that.
Well, you can look at the traffic during season and know that
April 23, 2024
Page 157
people are coming. And they're -- I was thinking right here, what
can we pay people not to -- but, no, I was teasing. But I'm
totally -- if we're going to spend money from the TDT, I want it to go
to infrastructure. I want it to build our assets to where Collier
County, Naples, is a place that's unprecedented and when people
come once, they go home, they tell others, and that's free marketing.
Commissioner LoCastro.
COMMISSIONER LoCASTRO: Thank you, Mr. Chairman.
Jay, this goes in line with the conversation that we had at our
last commissioner meeting where we're like, why are we sending
$10,000 a month to Ireland and the UK and all that. We agreed to
continue to do that because you're brand new on board and, you
know, hey, we don't -- we don't want to say, "Well, that's because
we've always done it."
But when we voted to continue that, we sent a very clear
message, you know, to you that, on your short list of leadership
things, was really take a look at this and see if it's money well spent.
I mean, I agree with everything my colleagues say, but that's
why I -- and I don't want to beat a dead horse, and Commissioner
McDaniel's going to throw something at me here.
But that's why I still wonder why we gave 15 million to Great
Wolf Lodge. Okay. I know they bring a billion dollars here, but
they were coming anyway. But that's another story. But I can't help
but mention it because it almost seems like in some of these
arguments that same argument is made but for different reasons. So
we've got to be consistent.
But I guess what -- I don't agree with my colleagues. And now
that I sit in the TDC seat and taken over from Commissioner
McDaniel and I have sort of a front-row seat to the preliminary
discussion before it comes here, I had a big problem with why are we
sending money to Ireland and Germany.
April 23, 2024
Page 158
And then, you know, I heard the pluses and minus, and we were
like, "Okay, we'll give it another year." But, you know, we don't
want to rubber stamp a six-year, a 10-year deal or whatnot. I think
we all have copies of this Visitor Florida talking points.
But I guess what I want to hear from you before we kill this or it
barely approves, you know, 3-2 or however it goes -- and I don't even
know how I'm going to vote. I have the same sort of concerns.
You're the -- you're sitting in the seat now, and it's a little unfair
because maybe your feet are still, you know, not completely wet.
But what is your assessment that if we don't approve this right now,
what will be the negative impact? And we asked that question about
Ireland and Germany and all that.
MR. TUSA: Right.
COMMISSIONER LoCASTRO: And we got, like, an okay
answer for one more year, although we all sort of left here with a
taste in our mouth going, "I still think we see plenty of Irish people
here if we don't give, you know, Ireland $100,000." There's so many
of these little organizations that all do these little things for us, but it's
real money.
MR. TUSA: Right.
COMMISSIONER LoCASTRO: So tell us why we would be
foolish to not continue this for one more year, and if we did, it would
be with the same direction. Okay. We're going to give you one
more year at this price or maybe we're going to change the price or
maybe we're going to say no. But if we said yes at this amount or a
lesser amount, what would be the way forward? What would
be -- you know, what would we lose if we didn't -- if we didn't pay it
in full or -- you know, make the -- I mean, this is your chance to
make the case to us. This is -- this is sort of like a court case.
MR. TUSA: Right.
COMMISSIONER LoCASTRO: Convince us that this money
April 23, 2024
Page 159
is an investment, it's not just a check being written because we've
always done it.
MR. TUSA: Yeah. Well, thank you for the opportunity.
So I think that there's a definite advantage to this relationship,
and I would, you know, urge the Board to just reconsider perhaps
some of the things that we just discussed in the past few minutes.
This relation is important. As I mentioned, there are cost-saving
measures in place with this relationship that does save the county
dollars in the end.
COMMISSIONER LoCASTRO: Like what? Like what?
MR. TUSA: So, I mean, for instance, you know, if you go to
IPW, which is an international trade show -- so, you know, talking
about people coming into the country, coming into Collier County. I
mean, for us to go to that show on our own, that's a $30,000
investment. For us to attend with Visit Florida, it's about a $9,000
investment. So that's -- that's one case where you can kind of see the
dollars.
Now, whether or not you say we need to be advertising or not,
Commissioner Hall, I understand that. But I do believe that we need
to advertise because there is that cycle of where people -- you know,
they see advertisements, it's top-of-mind awareness, and where we're
advertising, we're keeping that fresh in people's minds. And then
when we're not, we lose a little bit of that where somebody perhaps is
going to be like, "Well, you know what, I'm going to go to Sarasota,
or I'm going to go to St. Pete, or I'm going to, you know, Palm
Beach." So --
COMMISSIONER LoCASTRO: Why does this give us the
best bang for our buck? Because we do advertise. So if we killed
this one program to save the taxpayers this payment of money, okay,
great. We don't get to go to the conference for free and we have to
pay for it or whatnot, and maybe we don't even need to go to that
April 23, 2024
Page 160
conference. Why is this worth the bang for the buck?
MR. TUSA: Well, I think this is -- there's a lot of tentacles to
this relationship. So, I mean, it's trade shows. It is appointments
with media. It is, you know, bringing in journalists to the area. It is
sales missions. So it's really far-reaching in what we get out of that
relationship, and it's not just one-sided of us going on our own to one
off of this show or going to, you know, this conference, to all those
different components. So it has, you know, a greater appeal for us as
marketing the area that we have lots of -- many choices through Visit
Florida.
CHAIRMAN HALL: What do you think would be the top
three, for lack of a better word, events to attend to market Collier
County?
MR. TUSA: That's a tough one with me being new. I think as
far as the side of an event, I think, obviously, the number-one thing
by our research is people come here for the beach.
CHAIRMAN HALL: No, no, no. Let me rephrase. Like,
you mentioned some international conference.
MR. TUSA: Okay. Right.
CHAIRMAN HALL: What top things would be the priority to
attend or to go to to market Collier County?
MR. TUSA: Okay. Thank you. So I think there's a couple
different things. So there's, obviously, the international perspective,
so we want representation there. So there's a couple different shows
that we could participate with or without Visit Florida, quite frankly.
That would be IPW, which I mentioned earlier. IMEX is another
one that's an international show, large show that people come from
abroad. And so I think those are important from an international
perspective.
And then we have a group perspective, and so people coming in
from, you know, different parts of -- domestically from the country
April 23, 2024
Page 161
where they come in and look at us from a group perspective. So if
they go and they say, "Hey, we're bringing a conference to the JW
Marriott," let's just say -- so, you know, those are different shows.
So that would be, like, you know, something like a Connect. That's
a trade show that they have. So something like that.
So, you know -- and then there's also some leisure shows to
bring people into the area. So I think that those shows are important
from a group perspective and then certainly just our individual
advertising to people where, you know, you get an ad served on your
phone, you know, digitally, or if you're, you know, surfing on
Facebook, you get a Facebook ad. Obviously from a leisure
perspective, those are important to us as well.
CHAIRMAN HALL: So would it be fair to say that we have
relationships from the years with group tour operators that bring
people here, whether they came from Visit Florida or from
somewhere else?
MR. TUSA: I mean, we do have those relationships but
probably not as broad and robust as what our international reps and
what Visit Florida bring to the table.
CHAIRMAN HALL: Sure. No, I understand that. I'm just
trying to get -- I'm just trying to wrap my brain around -- you know,
$150,000 is 3.7 and a half million dollars’ worth of tourism dollars.
And -- I don't know. I'm a businessman. Taking a risk is fairly
easy for me, and I think it's worth risking not to do it to see what
happens. If it -- if it's a flop -- if we don't get -- you know, if we're
$4 million down next year from tourism, now we know. But just to
do it to do it, that's a risk I'm willing to take.
Commissioner McDaniel.
COMMISSIONER McDANIEL: Well, you know, I come at it
from a little different perspective. And, granted, it's a risk/reward
scenario, but I think our direction when we re-established our vision
April 23, 2024
Page 162
statement, mission statement, business plan, and budget priorities, we
put an emphasis and raised infrastructure up as far as a huge
component that has an enormous impact on our quality of life for our
residents that we already, in fact, have, let alone those that are
coming. And I think staying in that light, it's -- I would prefer we
look for ways to expend the funds on infrastructure to support the
residents that we have that -- you know, whether it's reimbursement
with Park and Rec. We have an enormous amount of people
that -- we just finished the US Open in the pickleball. We have -- I
could cite many more. But the bottom line is, infrastructure, fund
infrastructure, not advertising.
MR. TUSA: Just real quick, if I could.
CHAIRMAN HALL: Sure, go ahead.
MR. TUSA: So just me being new and still kind of digging
into things, it seems like that our pennies and the way they're
dedicated for purposes, for marketing, infrastructure, that there's
certain percentages of that. So I would probably defer to, perhaps,
Mr. Rodriguez or the County Attorney on maybe some guidance on,
if we need to make any adjustments with those pennies, then to
perhaps do more with the infrastructure projects that Commissioner
McDaniel spoke of.
MR. KLATZKOW: In light of this discussion, I don't think
that's necessary --
MR. TUSA: Okay.
MR. KLATZKOW: -- understanding that the pennies come
from Florida Statute.
MR. TUSA: Right.
MR. KLATZKOW: So you have dedicated funds for the
pennies, but we're not talking about a lot of money here, given the
whole budget. So there'll be time -- there'll be time to have --
MR. TUSA: Okay.
April 23, 2024
Page 163
MR. KLATZKOW: -- discussions with the commissioner.
COMMISSIONER McDANIEL: And I'm aware that this isn't
an enormous amount of money. I'm just -- I -- and I am aware of the
statutory requisites with how the monies are, in fact, spent. I'm
just -- I've said what I said, without repeating it.
CHAIRMAN HALL: Please don't feel like you're on the hot
seat. You're not on the hot seat.
COMMISSIONER McDANIEL: We're not shooting at you.
CHAIRMAN HALL: It's easy for you to feel that way, and I
just want to let the -- you know, take a deep breath and take the
pressure off you.
COMMISSIONER McDANIEL: I'm not pressuring you.
CHAIRMAN HALL: Commissioner Kowal.
COMMISSIONER KOWAL: Thank you, Mr. Chairman.
I think -- I'm going to try to understand what Commissioner
Hall -- the direction he was going. You know, the question he asked
you about if you had to pick the top three trade shows in this
industry, and you said without being a member of the organization,
you pay about $30,000 per show. But we -- if we're part of the
organization, we have an initial buy-in at $150,000, but we still have
to pay the 9- to $10,000 to participate in those three shows. So I was
just doing simple math here and just coming to think of it, so if we'd
spend 90 million [sic], we'd actually save 80 million [sic] in the long
run and still do the three big shows and not have to pay the initial
150-.
COMMISSIONER McDANIEL: Redo your simple math
again.
COMMISSIONER LoCASTRO: Ninety thousand.
COMMISSIONER McDANIEL: Resay your simple math
again.
COMMISSIONER KOWAL: Yeah, we would spend 90,000,
April 23, 2024
Page 164
three shows.
COMMISSIONER McDANIEL: Okay. You said 90 million.
Oh, I'm sorry. Oh, yeah, 90 million would be way too much.
COMMISSIONER LoCASTRO: Jay was like, "Sold."
MR. TUSA: Thank you for the clarification.
COMMISSIONER KOWAL: I don't know if that's what you
were trying to say.
CHAIRMAN HALL: I knew what you was talking about.
COMMISSIONER KOWAL: Yeah, all right. But I think
that's what we were kind of looking at is, like, still do the shows, you
know, but initially -- you know, pick the top three you think's going
to be the best bang for your buck, and we're still going to save some
money that we could put towards -- we still have a -- listen, I know
it's City of Naples' pier, but they are going to come to us for money,
there's no doubt. I think they already put their application in.
MR. TUSA: They have, yes, sir.
COMMISSIONER KOWAL: They have. Some more
planting has to be done on beach restoration. These types of projects
like that that some of this money can go towards, it just reinforces the
experience that the people expect when they come to Collier County
and Naples, you know, that -- instead of just spending it all on
advertising, I think that might be an approach, you know, to look at,
you know, instead of just straight up, like, just say infrastructure,
because I think we can articulate that these things are part of our
tourism, and the money can go towards that.
You know, that's just -- I know we have some issues with Clam
Pass. I think our county park up there probably needs some work,
parking lot issues, things like that. You know, there's other things
that we can articulate that -- you know, that this money could be well
spent and still do your three shows and -- you know, and we're not
putting in that initial 150,000 right off the get.
April 23, 2024
Page 165
MR. TUSA: Well, to that point, Commissioner, if I could,
would the Board consider, then, if we're going to do three shows,
perhaps it's still prudent to be a part of Visit Florida where, if we
participated, we could be maybe a little bit more selective in those
shows and to scale back a dollar. So instead of 150,000, it could,
perhaps, be 75- or 100,000.
So to the point you just made of three shows at $30,000 apiece,
if we still did only three shows but they were $10,000 apiece through
Visit Florida, well, then that's $30,000.
So I think there could still be some savings there. I mean, if
that is something that the Board would entertain, we could certainly
do a lesser amount for Visit Florida, but that's certainly up to the
Board to decide that.
COMMISSIONER KOWAL: Like, I didn't know that was
even an option.
MR. TUSA: It is an option, yeah. We can select --
COMMISSIONER KOWAL: It's 105-, if my math's correct.
MR. TUSA: So we could participate at any level we'd like to at
Visit Florida. So if we wanted to say, "You know what, it's 75K.
That's it. That's all you got, Jay," then I can go and make that work
to purchase what we need to purchase at 75K. And I'd rather see that
than nothing at all. But, again, it's the will of the Board, and I'm
happy to do whatever you direct me to do.
COMMISSIONER KOWAL: No more questions.
CHAIRMAN HALL: Commissioner LoCastro.
COMMISSIONER LoCASTRO: I had two questions. I think
you kind of answered one of them. Previously when we didn't have
a great appetite for the Ireland, you know, UK thing, it was a little
different because it was sort of like an all or nothing. You know,
there wasn't that latitude, so you kind of answered it. I wrote down
here, I said, "Is it 150K or 0?"
April 23, 2024
Page 166
MR. TUSA: Right.
COMMISSIONER LoCASTRO: Is there anything in between?
And if there's something in between, you know, we have a saying in
the Air Force, it's tough to go from Mach 10 to a dead stop, you
know, and sometimes that's not the smartest thing. Right,
Commissioner Hall, right, the flying guy, right?
And also, too, having you on board, you know, I mean, I -- like I
said, there's -- we've spent more money than this quickly at times
with little discussion. You know, I really have been encouraged by
the conversations I've had with you.
I think it is prudent to say, you know what -- and also, too, the
second question was, we do have the latitude that any money that's
saved, whether it was the whole 150- or maybe we cut your budget in
half, it's able to be used in a lot -- sometimes the color of money is,
yeah, you saved it, but it can't be spent on the pier. It can't be spent
on the beach. In this case it goes to a pot that could be used -- would
be used for a whole lot of other things.
So, I mean, I think it's prudent to, you know, cut it in half and
give you 75K but give you the same direction we gave you when we
were talking about Ireland and Germany and all that and say, you
know, Jay, when you come back to us next year, our question's
probably going to be, you know, prove to us that the 75K was even
worth it --
MR. TUSA: Okay.
COMMISSIONER LoCASTRO: -- and -- or how it grossly
negatively affected, you know, some big, major tourism thing. And
we're going to be asking you that on the other pots of money as well,
you know, for the foreign investment that we make and sort of the
other things.
And, you know, one of the things I always say is, "We can do
anything, but we can't do everything." And to Commissioner
April 23, 2024
Page 167
McDaniel's point, some counties really have to advertise in these
things aggressively because they're not Naples.
MR. TUSA: Right.
COMMISSIONER LoCASTRO: We can -- we can get away a
little bit, like -- what'd you say? People find Naples. And so it
doesn't mean I would say zero advertisement, but let's really pick and
choose and not just spend money but invest it.
So, you know, my motion would be that we give you 75,000 and
see what you can do with it and then also that means that we're
fencing 75,000 over for a lot of infrastructure things that right now
are sorely lacking.
And so this is the time for us to move money around a little bit
because we've got some really big needs here, and that's something I
would support, and then that would at least, you know, not tie your
hands and go from 150- to a dead stop, but it would allow you to,
then, really dive into the program and come back to us, you know, at
the next budget cycle and say, "Hey, you know what, Visit Florida,
75- was more than enough," or "It really wasn't worth it, and I'd
rather move money to something else."
But I think that would be -- and that would be my -- I'll just say,
I'll make a motion that we approve 75,000 and then, you know,
continue to have deep discussions with you, you know, on all the
programs we are funding.
MR. TUSA: And I'm happy to have those conversations in the
future, and we can have ongoing dialogue.
And to the point that Chairman Hall made earlier, we can really
evaluate it. So if we cut it in half, we can look at it and see, "Okay,
did that hurt us? Did it help us? Are we the same? Do we need to
keep it moving forward?"
So I think we can answer all those questions moving forward
through keeping our eye on research and those efforts.
April 23, 2024
Page 168
CHAIRMAN HALL: Commissioner Saunders?
COMMISSIONER SAUNDERS: Thank you.
Actually, I kind of like the idea that Commissioner LoCastro has
thrown out in terms of kind of splitting the baby here, if you will.
But do you have any idea how many counties are -- have membership
at Visit Florida?
MR. TUSA: So John just said all of our competitors do, but I
don't have the number offhand. But I don't know that it is probably
the majority of counties in the state of Florida. And I think, really,
the ones that don't, don't really have a lot of tourism. So, like,
Holmes County up in the Panhandle, they don't really have tourism.
But I think anybody who has kind of a tourism infrastructure
background, I think they have a relationship with Visit Florida.
COMMISSIONER SAUNDERS: I'm sure this is a public
record. Could you give me a list of the members of Visit Florida and
what their annual payments are? I don't know if $150,000 is in the
middle or if it's high, low. I don't know if $75,000 is --
MR. TUSA: Okay.
COMMISSIONER SAUNDERS: -- reasonable or not. But I
think for purposes of today, I'm certainly okay with going with the
75-. But I'd like to -- for future reference, I'd like to know what
we're really dealing with in terms of that membership there.
MR. TUSA: I can get that for you. Happy to.
CHAIRMAN HALL: Commissioner McDaniel.
COMMISSIONER McDANIEL: Well, 75 is better than 150-.
Does this have to be approved today?
MR. TUSA: It does. It can be deferred to another meeting if
you'd like that.
COMMISSIONER McDANIEL: My question, at the
beginning, was exploration with the statute -- the TDT statute and
what our allowances are, a more specific description of where the
April 23, 2024
Page 169
pennies go and what they can be spent for, because -- and that's one
of the things for us to remember here. We're not stopping
advertising everywhere. I think we spent -- the last I looked, we're
up to close to five million of TDT million that we spend advertising.
And so -- so having said that, I would rather continue this item
for one meeting, have you come back to us with that delineation with
a report on -- and I've -- I looked at the numbers on the TDC all last
year, and -- but I would like it to be very simple. Here's what we're
already spending in advertising, here's what we have spent with Visit
Florida and these other organizations and such, and then make that
edition. If in fact -- if, in fact, you can get along with 75,000, that
still maintains the relationship that we have with Visit Florida and so
on, you know -- again, we have to spend a certain amount of that
money in advertising, period, the end. That's statutorily regulated.
But can we move those monies around to support the tourist
industry?
COMMISSIONER LoCASTRO: Jay, just make sure that our
membership doesn't expire. One of the things we said at the last
meeting was one thing we need to improve when it comes to the TDC
is don't come here three days before a membership expires and then,
you know, have your hand out for the money.
So do you know when our Visit Florida membership flips? I
mean, it's great to say, "Hey, we'll kick this to the next meeting," I
don't want you to come back and find out that it's an issue.
MR. TUSA: It's in June, sir.
COMMISSIONER LoCASTRO: Okay. Then we're good.
So -- and then -- and that's the kind of timeline that we're looking for
so that if we do have an issue, it doesn't put you in a bind.
And I think what Commissioner Saunders asked for, list of other
counties -- and you make a good point. I wouldn't expect all
counties to be part of it, but I want to see the ones that are similar to
April 23, 2024
Page 170
us are and what their investment is, if that's, you know, attainable. It
doesn't mean that that drives our decision, but it does give us
perspective and some comparison, so...
MR. TUSA: Happy to work on that for you, and I'll bring it
back to you. Great. Thank you very much.
COMMISSIONER McDANIEL: Do you want to make a
motion?
COMMISSIONER LoCASTRO: No vote. I think no vote.
CHAIRMAN HALL: We don't have to have a motion. We
just don't vote.
MR. TUSA: Just direction, right?
CHAIRMAN HALL: Just direction just to come back with us.
MR. TUSA: Works for me. Thank you very much.
COMMISSIONER McDANIEL: That's our new move. If we
don't like something, we just don't vote for it.
COMMISSIONER LoCASTRO: That's going to be on the
front page, "Commissioners vote on nothing."
COMMISSIONER SAUNDERS: At least we're unanimous for
a change.
COMMISSIONER LoCASTRO: All in favor of no vote?
Item #11C
THE COUNTY MANAGER, OR THEIR DESIGNEE, TO MAKE
PRE-SUIT OFFERS FOR THE FEE SIMPLE AND EASEMENT
PARCELS REQUIRED FOR THE EXTENSION OF
VANDERBILT BEACH ROAD FROM 16TH STREET NE TO
EVERGLADES BOULEVARD (PROJECT NO. 60249) IN
AMOUNTS BASED UPON THE APPRAISED VALUE
OF THE PROPERTIES SOUGHT TO BE ACQUIRED, WITH
PURCHASE AGREEMENTS SUBJECT TO APPROVAL BY THE
April 23, 2024
Page 171
BOARD OF COUNTY COMMISSIONERS. ESTIMATED FISCAL
IMPACT: $17,195,000. (TRINITY SCOTT, DEPARTMENT
HEAD, TRANSPORTATION MANAGEMENT SERVICES) (ALL
DISTRICTS) RESOLUTION 2024-72: - MOTION TO APPROVE
BY COMMISSIONER MCDANIEL; SECONDED BY
COMMISSIONER HALL – ADOPTED
MS. PATTERSON: Commissioners, that brings us to Item
11C. This is a recommendation to direct the County Manager or
their designee to make pre-suit offers for the fee simple and easement
parcels required for the extension of Vanderbilt Beach Road from
16th Street Northeast to Everglades Boulevard in amounts based
upon the appraised value of the property sought to be acquired with
purchase agreements subject to Board approval by the Board of
County -- subject to approval by the Board of County
Commissioners. Estimated fiscal impact, $17,195,000.
Ms. Trinity Scott is here to present or answer questions.
CHAIRMAN HALL: How much tourism is this going to get?
MS. SCOTT: It's going to help Immokalee Road, sir.
COMMISSIONER LoCASTRO: Can you do it for 16 million?
MS. SCOTT: Maybe. We'll see once all of our appraisals
come back, sir.
CHAIRMAN HALL: Go for it.
MS. SCOTT: Do you have any questions? I can go through a
presentation.
COMMISSIONER McDANIEL: No. I'm waiting for the
Chair to call on me. I'm over here lit up.
CHAIRMAN HALL: Go ahead, Commissioner McDaniel.
COMMISSIONER McDANIEL: Commissioner Hall's over
there.
CHAIRMAN HALL: Squeezed in.
April 23, 2024
Page 172
COMMISSIONER McDANIEL: I'm going to make a motion
for approval.
MS. SCOTT: Thank you.
CHAIRMAN HALL: I'll second it.
MS. SCOTT: Thank you.
CHAIRMAN HALL: All in favor, say aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN HALL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER KOWAL: Aye.
COMMISSIONER LoCASTRO: Get to work.
CHAIRMAN HALL: Unanimous.
MS. PATTERSON: Good job, Trinity.
Item #11E
TERMINATE FOR CONVENIENCE AGREEMENT NO. 17-7152,
“PARKS AND RECREATION PICKLEBALL
CONCESSIONAIRE,” WITH PICKLEBALL ENTERPRISES, LLC,
D/B/A NAPLES PICKLEBALL CENTER. (DISTRICT 4) -
MOTION DIRECTING STAFF TO DRAFT A NEW AGREEMENT
AND CONTINUE THIS ITEM TO MAY 28, 2024, BCC MEETING
BY COMMISSIONER SAUNDERS; SECONDED BY
COMMISSIONER MCDANIEL – APPROVED
Okay. That brings us to Item 11E, formerly 16D4. This is a
recommendation to terminate for convenience Agreement No.
17-7152, Parks and Recreation pickleball concessionaire with
Pickleball Enterprises, LLC, doing business as Naples Pickleball
Center.
April 23, 2024
Page 173
Ms. Tanya Williams, your department head for public services,
is here to begin the presentation.
COMMISSIONER KOWAL: I just --
MS. WILLIAMS: Good afternoon.
MS. PATTERSON: This was -- yes, this was moved at
Commissioner Kowal's request.
COMMISSIONER KOWAL: Yeah. I had it moved because,
you know, I feel that anytime we're doing anything like this -- and I
had a lot of, you know, e-mails coming in from both sides on this
whole subject, and I felt that it -- you know, it needed to be put on the
regular agenda just to be open and clear so both sides have an
opportunity to explain or put their -- or give an idea what's going on,
and the second reason was that -- I think it was even Friday, you
know, that -- you know, you've got to love the press, right, the new
stations? I was being sarcastic.
You know, they just put out things without fact-checking. And
I was getting a lot of e-mails in relations to what they were putting
out on the news, and it was totally false, totally false.
And I think as of, I think, yesterday or the day before, they
actually pulled some stuff off their website pertaining to what was
going on with this particular item.
You know, I remember the First Amendment was supposed to
be a fourth check and balance because the news was supposed to be
truthful. And I hate to just sit up here and grandstand about that, but
we don't see that much today, I hate to say it.
They just put out what they hear. They don't fact-check, and
they just put it out to the public. And the problem is, if the public
hears it over and over again enough, it becomes truth to them.
So I think it's important that the truth should come out, and that's
why I asked to have these things in open before the public, and we
can hear both sides. I just wanted to make it clear why I pulled this
April 23, 2024
Page 174
off the consent agenda.
Thank you.
MS. WILLIAMS: Thank you, Commissioner.
For the record, Tanya Williams, Public Services department
head.
I do have a real quick presentation. Obviously, it is staff's
recommendation to terminate Agreement 17-7152.
And as Commissioner Kowal so noted, I do want to state on the
record that all 60 pickleball courts belong to the county. They are a
county asset, and we will continue to maintain that asset.
There's several critical factors that came into play leading staff
to come to the conclusion and the recommendation that we have
presented before you today. I'm just going to give you a highlight of
some of those critical factors.
Pickleball Center -- Naples Pickleball Center has been in default
of their contract multiple times since July of 2021, be it late
payments, failure to properly notify parks administration of
tournament dates, of use during public time, just to name a few.
Failure to make timely payments, several letters were submitted
to Naples Pickleball Center regarding lack of proper payment and
timely payment. I do have a copy of the most recent letter to submit,
if you'd like to discuss that.
Over $29,000 in insufficient funds for amounts owed to the
county. The vendor was forced to eventually pay by ACH moving
forward after we were able to garner those funds, and that was
directed by Clerk staff via e-mail October the 4th of 2022.
Naples Pickleball Center also repeatedly failed to adhere to
contractor acquiring notification of park staff, as I noted earlier, for
tournaments, hours of operations, and running lessons during county
time.
Pickle -- Naples Pickleball Center also failed to make timely
April 23, 2024
Page 175
payments to their own vendors for cleaning services, security
services, and professional lessons to the point that the vendors
actually reached out to county staff to assist in obtaining payment
from Naples Pickleball Center.
And staff continuously received complaints from current
members concerning declining -- the declining treatment of members,
lack of customer service, and the general poor management of the
pickleball program.
This is just a real quick chart of the payment history, starting
with the very first insufficient funds notice back in June of 2021.
Several of the payments to the county were so lengthy that it took
over a year for us to actually end up obtaining payment. A
tournament was held in February of 2022; the county did not
eventually see payment until September of 2023 after a very
prolonged and protracted discussion and communication with Naples
Pickleball Center.
For your information, obviously, at the -- you know, should you
approve the termination of this contract, how are we going to move
forward? East Naples Community Park staff, led by Kathy
Topoleski, are prepared to take over the pickleball operations
immediately. They do have a game plan to assume pickleball
operations through the summer and while we go through the RFP
process.
County staff are recommending that we honor current
membership through December of 2024, while we transition.
RFP is already queued to post as soon as the Board approves the
termination of this contract. And the county staff, over the previous
months, have received several favorable inquiries from other entities
interested in looking to do business with the county regarding our
pickleball operations.
It is a large operation. Currently, there are over 7500 members
April 23, 2024
Page 176
in the pickleball program. So it's no small feat, and we understand
what we're asking of the Board.
And with that, I'll entertain any questions.
CHAIRMAN HALL: Mr. Williams, thanks for giving us that,
and, Commissioner Kowal, thanks for pulling that forward because
there's a public perception that the county's being mean. Because the
public sees the pickleball side. They see the fun. They're out there
doing it, and they have people coordinate, and that's what the public
sees. But the public doesn't see the other side, the business side.
And it's clear that the current vendor is not a good partner
financially. But one of the -- one of the reasons, one of the critical
factors was that there were complaints of customer service and the
way that some of the people have been treated. I didn't see those
e-mails. The e-mails that I got were the warm and fuzzy ones. You
know, keep the current vendor because he does a great job, and we
like him.
So were -- those complaints that came in, were they the trivial
few, or did they represent several people or -- I just don't want to
make my decision based on, you know, somebody that's got their
feelings hurt.
MS. WILLIAMS: Commissioner, thank you for that question.
I have a stack of e-mails from a wide variety of members and
constituents alike regarding complaints against Naples Pickleball
Center. They are varied. This isn't a choice few. Most of these
did not reach your level. They went through -- you know, they went
through park staff, and parks staff worked through them as best as
they could.
I do have Interim Parks Director James Hanrahan in the room
with us. He can speak more specifically about the variety of
complaints. But, like I say, I brought a small sampling of them.
CHAIRMAN HALL: A stack is a stack. It's not --
April 23, 2024
Page 177
MS. WILLIAMS: A stack is a stack.
CHAIRMAN HALL: -- just a simple few. Okay. Thank you.
Now, as far as Ms. Topoleski, is -- what's the confidence level
that she can take this and continue the level of excellence with
the -- with the pickleball players and where we never miss a lick?
MS. WILLIAMS: Ms. Topoleski actually started the program
in the very early stages before this contract was even established in
2017. She is well versed in the pickleball world, and we have
complete faith in her ability to move this forward.
CHAIRMAN HALL: Troy, do we have any public comment?
MR. MILLER: We do, sir. We have 12 registered speakers
for this item.
CHAIRMAN HALL: Okay. Thanks, Ms. Williams.
MR. MILLER: Shall I call them now, sir?
Your first speaker is Bob Strommen, followed by Roberta
Grissoni.
Mr. Strommen's been ceded additional time from Kenneth
Grissoni.
Can you raise your hand to indicate you're here, sir?
(Raises hand.)
MR. MILLER: There he is.
Jennifer Muir?
(Raises hand.)
MR. MILLER: And Marion McAllister?
MS. McALLISTER: (Raises hand.) I'm here.
MR. MILLER: Okay. He will have a total of 12 minutes and,
again, will be followed by Roberta Grissoni.
MR. STROMMEN: Not very often that I get accused of being
inappropriate in dealing with consumers, but I do appreciate the
opportunity to respond because everything I just heard right now was
the first time I've heard it.
April 23, 2024
Page 178
And when I did receive the letter of notification of termination, I
did inquire to Procurement, because that's where the letter came
from, and asked what this was about. They said, "Go back to James,
and he will tell you."
I sent two e-mails to James; he didn't respond. I said, "I'd like
to meet with you to find out what's behind this," because I believe
open communication is critical in any kind of good relationships.
I reached out to Mr. Rodriguez, and he promised me that his
staff would get back to me and give me more details of what's going
on. That did not happen.
So it's very difficult to be asked to respond to what I just heard
because nothing is as simple as it appears. And let me just give you
a couple examples because this is not -- this is not about Bob
Strommen. This is about our commitment to what we were doing in
our pickleball facility. It is to the 36 -- 36 staff people that we have.
It is for the 75 volunteers that are there to support the services to our
membership.
When we first got involved in October 30th of 2020 and took
over for Mr. Ludwig, the very first thing that we did was that we
looked at what are the value, mission, and purpose statements of Park
and Rec and Collier County, and we created ones that would align
with them, with both of them, so that we were all in the same line.
And, granted, between -- in the last three years, we've gone
through an awful lot of park management people who have been
responsible for our -- for me -- I guess I'll call it responsible for me.
And one of the key points gets to be great communication and always
exceed expectations, and that has been stated many different times.
And we made a commitment that there's three fundamental
principles to any business to succeed. People, process, and
hopefully that will result in profit, because no organization can
survive without profit.
April 23, 2024
Page 179
And there's no question -- there is no question that in the early
years -- because I've only been doing this for three years -- that we
grew so fast that cash flow was a strain. And it got to the point
where in the summer of 2021, I met with a park financial analyst kind
of person. I'm not even sure what his title was. He was exceedingly
empathetic with the difficulty of cash flow, especially during the
summer months when we go from high participation to nothing, and
agreed to waive any fees -- late fees to give me more flexibility as
long as I made the required payment within the month that it was due.
I have an e-mail stating that.
And anyone that has been in business knows that starting a new
venture creates stress, especially a stress -- people used to tell me,
"Do you know, Bob, that if you grow too fast you can go bankrupt?"
And it was a concept that I never completely understood until we got
involved in this business, because we had a 300 percent increase in
revenue in Park and Rec in the three years I was involved. It didn't
happen by accident.
And for anyone to understand that I would think that Collier
County and Park and Rec would understand that with Paradise Cove,
because there's growing pains. Things don't always happen as quick
as you anticipate. And what you look for is the integrity to honor
your commitments within the contractual periods of time, which
didn't say that that was a breach. I always paid the bills due. Sure,
there were some late fees, but I paid them.
You make reference to the 2022 bill. I was quoted -- I was
billed retroactively from what I was charged -- quoted from Kathy.
And when I got the bill after the tournament, which was twice what
Kathy had e-mailed me, we did go through an extended period of
time of discussion, and I said, I'm not going to pay it till we agree that
this was unfair, unreasonable, or inappropriate.
But we finally did agree to pay for it. But it wasn't that we
April 23, 2024
Page 180
didn't try. It wasn't that we were ignoring it. It wasn't that we were
trying to default on it. It was that we were trying to get to the
bottom of why didn't we get good communication and why should we
get billed $10,000 when we were quoted 4250? It didn't seem fair.
So here's what I know for fact. One, you know, WINK News
did a real good job on me. It was absolutely not true what was said.
Despite multiple requests, I'm walking into this meeting where
someone has loaded their shotgun without telling me that there's real
bullets in it.
I asked and requested open, honest, fair communication so that I
could respond factually. And some of those facts I gave to
Commissioner Kowal in e-mails that I think helped support that this
earned the right for Board discussion.
And I'm not saying that I'm right, and I'm not saying that the
Park and Rec is right. I'm just saying is that it's time to get the facts
on the table and to find out if the problem is as bad as it appears.
We don't owe Park and Rec a single penny at this moment.
We've grown our revenue by 300 percent in the last three years.
We've raised over $170,000 to local charities because we're
committed to the community. One of which is Wounded Warriors
and Home Base. NPC has invested a significant capital in the
facilities, all that -- all that we own and is our personal property, that
would terminate the day our relationship terminates.
I've been -- I've proposed additional services that were revenue
generators that are consistent with my contract, and a former park
manager declined to give me permission even though it was with a
contractual right that I had and never once would give me an answer
of why. That person has since left that position at Collier
County -- or Park and Rec.
And, in fact, at this point, Park and Rec/Collier County owes me
money for overcharging me sales tax. Haven't gotten that either.
April 23, 2024
Page 181
So how do we respond? Here's what I know, and here's how I
view this, because I've always taken enormous pride and
enormous -- great communication. And it's hard to believe that Park
and Rec and Collier County as an organization never gets a
complaint, because we deal with a very fickle community.
Here are some of the things that I know. We've invested in a
call center because we get 175 e-mails and phone calls every single
day, seven days a week. We have three people that handle the call
center. Was that a contractual requirement? Absolutely not. It
was our commitment to exceed expectations.
We have 75 ambassadors whose sole purpose is to provide value
and service to not only our membership but also to our tourists and
guests that come. We have 18,000 visitors that come through that
facility, of which 85, 86 percent of them spend less than three weeks
within Collier County. Those are our tourists. Why do we do it?
Because we believe in exceeding our expectations of contractual
obligations.
We hired a retired police officer in the evening because our staff
doesn't feel safe to maintain civility in the evening, because the park
ranger only pops in for 10 minutes every night as they make their
rounds. Why do we do that? We wanted to exceed expectations in
our commitment to our community.
We have our bimonthly mini events that has raised $170,000 to
over 30 charities within Collier County. Were we required to do
that? No. We are completely embedded within the community.
We provide health-related seminars and workshops for the
members. Why? Because we are committed to having a healthy
lifestyle and to provide value added.
We have a well-defined medical protocol. You wouldn't
believe the number of emergency vehicles that come into our facility,
our staff immediately responds, and not once has someone from
April 23, 2024
Page 182
Collier County ever come out to say, "What's going on?" Why do
we do it? Because we're committed to making sure that our staff and
membership is healthy.
We had to hire private security because Park and Rec would not
do it when we had a very severe threat to our membership, and we
did it for a whole week until we felt that it was mitigated.
Are we perfect? I've got one minute and 10 seconds. Are we
perfect? Absolutely not. But we are perfectly committed to
excellence. And if you got 200 e-mail complaints, how many of
them did you share with me to say, "Are these valid? What are the
issues? Could we correct them?" Because every single e-mail that
I received a complaint, I responded in the same manner that
Commissioner LoCastro responds to e-mails, because it's a
commitment to communication.
We're dealing with a very fickle group of Collier County.
In conclusion, I'm asking for the courtesy of a no vote at this
point so that we get an opportunity to get to the facts and the color
behind some of the reactions and information that was just shared to
you because, like everything, there's another side of the story, and
there's a back story that supports some of the things that went on.
And I'm not refuting that there's been delays, but I am refuting that
I've never not paid my bills.
CHAIRMAN HALL: Thank you.
MR. STROMMEN: So thank you for your time.
MR. MILLER: Your next speaker is Roberta Grissoni. She'll
be followed by Matthew Grissoni.
MS. GRISSONI: Good afternoon, Commissioners. How are
you?
I'm a part-time employee at NPC, prior East Naples Pickleball,
and have been -- prior to Mr. Strommen arriving at the facility -- still
more.
April 23, 2024
Page 183
CHAIRMAN HALL: There you go.
MS. GRISSONI: Thank you, sorry.
Since Mr. Strommen began his investment of time and energy,
he has made NPC what it is today, a year-round world-famous
pickleball community. He has initiated teaching clinics and private
lessons with invited traveling pros, including pickleball Hall of
Famers.
The influx of members and visiting guests from around the
globe can only be attributed to this man and his staff. He initiated
multi-day pickleball camps and began marketing campaigns to draw
additional players at every level. He and his staff has formed clinics
run for the physically and mentally challenged community. I wish
you could see the faces on some of these players as well as their
parents.
As to complaints, any complaints coming in from Veterans Park
is moot; they're gone. As I am in the pro shop many hours per week,
I do hear complaints from players that are waiting too long to play.
That's great news, as the facility continues to grow each and every
year. If there were additional courts, players would still be waiting.
I mostly work night shift. I'm the one that works at night at the
pro shop. As the facility is a county park, we have the less fortunate
community coming in every day, more so in the evening hours. As I
worked alone for quite a long time in the pro shop, some would come
in and ask for money and liquid refreshment. Mr. Strommen hired a
retired policer officer to make me more comfortable, and who is still
employed there today.
I could write all day of the qualities of this man for what he has
brought to the county park. He is an asset far beyond most has any
knowledge of.
I hope you would consider rescinding your motion to vacate. I
thank you very much.
April 23, 2024
Page 184
MR. MILLER: Your next speaker is Matthew Grissoni, and he
will be followed by Chris Visser.
MR. GRISSONI: Good afternoon. My name is Matthew
Grissoni. I'm an employee of Naples Pickleball Center.
When I first heard Bob was going to be my new boss at NPC, I
wasn't sure how things were going to be run, but right away he
proved to be great person and an instant friend to me. He recognized
my hard work right away and rewarded me by setting up a fun game
between me and my supervisor against Bob and the rep from FILA.
I recorded this day as one of the best days of my life.
I've now been working for Bob for -- since he -- I've now been
working for Bob since he took over from Jim Ludwig, who originally
hired me.
In 2004, I was walking to my car after a long day of work and
collapsed on the sidewalk, never making it to my vehicle. I knew
then that God was looking out for me, as I suffered from a massive
brain aneurysm.
For a few years, I was lost as my life changed drastically. I
could no longer operate a vehicle, I'm now blind in my right eye, and
my memory is pretty horrible on a good day. Many of my so-called
friends had disappeared.
When we moved here to Naples, I found pickleball, and it saved
me from being depressed. I've made many friends. I've made
more -- I have made more friends than names I can remember.
Many times people come up to me and talk to me like we've been
lifelong friends. If it wasn't for Bob and East Naples, I don't know
where I would be or what I'd be doing, but I know I wouldn't be
happy. We have such a wonderful family at NPC.
Thank you for allowing me to share my story.
MR. MILLER: Your next registered speaker is Chris Visser.
He will be followed by Jim Obremski.
April 23, 2024
Page 185
MR. VISSER: Before anything, Colonel, Chairman, Officer,
thank you very, very much for your service.
My name is Chris Visser. And, quite frankly, I was not quite
certain what this meeting was about. Bob Strommen, several
months ago, asked me if I might help him expand the portfolio of
non-profit events, also to help with his marketing. If I'm not being
modest -- and I may just give you a quick little bio.
I've helped produce sports programming for 40 years. I've
actually done 38 straight Super Bowls. And after today -- I think
this is perhaps worth mentioning. I am the founder of America's
Wounded Warrior amputee flag football team that has played the
NFL alumni at 10 Super Bowls with Roger Staubach, Rocky Bleier,
and about 400 NFL stars. These games have been featured on
ESPN, Fox and Friends, Good Morning America, NBC's nightly
news, CBS's evening news, even we were on the David Letterman
show.
And I met with Bob several months ago. I had never seen a
pickleball court in my life until I went to The Villages. And I
realized after spending these 10 years with these Wounded Warrior
amputee disabled veterans that pickleball is the perfect sport for
disabled veterans dealing with PTS, the socialization, the activity,
sharing with your fellow wounded warriors.
So I reached out to Bob, and I said, "Bob, the Naples" -- and I
work in the media, okay. The Naples Pickleball Center is the
Augusta National of pickleball, okay. There's not a single place in
the country where you can go, if you're a pickleball player, and you
don't know about the Naples Pickleball Center. And I've produced
over 3,000 shows. We're always looking for the hook.
This facility is such a great asset for all of you. You all know
about it. I'm not telling you anything you don't know. The only
thing I would say to you is, there are 51 other weeks of the year other
April 23, 2024
Page 186
than the Minto Open. And I just saw an opportunity. I see an
opportunity. I join with Bob's commitment to give back.
I had much more to say, but this is an asset that can be
optimized, and if I may just finish with one point -- I was going to
talk about tourism, but I won't -- I would just simply say to you, if
you were going to promote this, if you like wine, visit Napa Valley.
If you play pickleball, you need to go to Naples.
And you have an opportunity to reach out to the entire country
to promote this facility very cost effectively. I'm not talking about
promotion, ad dollars or anything like that. It's just being proactive
to promote it.
But most importantly, I have tried to give back to my
community. I'm a civilian, okay, but -- and I realize I've exceeded
my time, but -- I wasn't aware what this -- purpose of this meeting
was.
And in working with Bob Strommen, I really do believe -- in
fact -- if I may finish, please. STARability that met with you just a
few weeks ago, I understand -- is that correct? STARability is going
to inaugurate their first pickleball lessons for their stars -- they're
intellectually and developmentally handicapped disabled -- next
Tuesday. We're launching -- not we. The Naples Pickleball Center
is launching that program starting next Tuesday. And I've spoken to
another -- a number of other non-profits -- the principal at Avalon
Elementary School about creating after-school activities for her
students.
CHAIRMAN HALL: Mr. Visser, go ahead and finish it up,
please, sir.
MR. VISSER: I have to go. I understand. Thank you. I
appreciate it.
MR. MILLER: Your next speaker is Jim Obremski. He'll be
followed by Samuel Folkman.
April 23, 2024
Page 187
MR. OBREMSKI: Hi, I'm Jim Obremski. Thanks for the
time.
And I'm surprised and never thought I'd really be up here talking
about this. You know, I'm 72 years old, and I kind of feel like I'm a
pioneer in Naples with pickleball just -- I played the last eight years,
and I never thought it would be what it is to me.
More than the game that you love, it's about the people. And
we talk about the assets in Naples. One of the big ones is the people.
I'm so proud to be from here. Proud for what you do for us and that
you listen to us. And I'm not a rabble-rouser, but when I have a
strong passion about something, I show up.
I've worked there the last couple winters as an instructor.
Probably not the best instructor, but I'm certified. I handle the
beginners. I've loved every minute of it. And I can only tell you in
the business -- I've worked for some big companies over the years.
I've lived in a lot of places. This is the best.
And I know our satisfaction surveys, just by what was said
earlier, are very high. I can see it. I'm no dummy. I can tell the
people that come to me are happy, and I'm very proud of the team
that I work with. I wish you could see every day the line in the
winter that's coming out the door and the phones that are ringing.
You have to see it to believe it.
You don't get to 7500 members from nothing in five or six years
without doing a lot of things right. That's a hell of a good team
you've got working there. And I take exception to some of the
things that were said, because I'm there every day. I don't believe it.
And I hate to see the whole ship get thrown away, because I
have a high standard for this county. I think it's a great county, but I
don't think it's been a good process when Bob hears some of this
today.
And I wish you would really keep things as they are, or table the
April 23, 2024
Page 188
vote or whatever. I've got three, four lessons tomorrow. I don't
even know if I'm going to handle them.
But irrespective of that, if this doesn't work, I'll just let you
know you've got some great people working there. I'm not talking
about me. I'm talking about them. Some of them depend on this for
their income. We all have a lot of pride.
I've been talked to three or four times since I started. I've
probably given 800, 900 lessons, because we take everything
seriously. When we get an objection, no matter what it is, we're
talked to about it, because we're going to be the best that we can be.
So I'm proud of Naples Pickleball Center. I'm proud to be in
this community. I hope you do the right thing, because I'm not
buying this.
MR. MILLER: Your next speaker is Samuel Folkman. He'll
be followed by Gary Rudd.
MR. FOLKMAN: I've got to get my notes out. Thanks,
Commissioners, for allowing me to speak today. I'm not a -- I'm a
resident of Bayshore. I'm not a very good pickle-baller, but I
understand how much of an impact it has on the community.
You know, I met Bob a short time ago, but I've heard about him
for years. I just -- you know, I'm busy with work. And I work out.
I'm not a very good pickleball player, but I had a conversation the
other day with a friend of mine who actually won the 3.0 this
weekend, and she's a resident here, played with her boyfriend. He's
not very good, but she carried him.
And we had a conversation about -- even before this about the
whole -- from the day one of training, going in to the tournament, day
in, day out of the center, just how incredible they're taking care of the
staff, the community, you know.
In what other world are you -- I lived in London, England, and
pickleball is just reaching there. We were talking about Europe
April 23, 2024
Page 189
earlier in another segment. But I think the rest of the country, if
you -- I mean, wherever you go -- I don't sit and talk about pickleball
wherever I go; some people do. But the reoccurring theme is people
will go places, and they'll take the concepts that Bob has built, and
they'll bring them to their cities, their towns, or whatever.
I think the -- not even just Bayshore. I think the imprint that it
brings to Naples 365 days a year is something that -- like, I'll never
leave Naples. I'm 27. I want to live here my whole life, but I think
NPC is something that has brought Naples this really incredible
substance that excites a lot of people. Whether you're into pickleball
or not, it's the community.
And I think, you know, it -- I don't know. It's just -- it's one of
those things -- you ask somebody that's 16 or you ask somebody
that's 80, that, you know, played, I think, four rounds in a tournament
or four rounds before, you know, you go to lunch, when you're done
playing, it's like -- it's something really, really amazing.
And, you know, I wish I was a better pickleball player so I could
understand some of this other stuff, but when it comes down to it,
it's -- they have this art of bringing people together and, you know,
it's pretty incredible. So that's all I've got.
MR. MILLER: Your next speaker is Gary Rudd. He'll be
followed by Michael Butters.
MR. RUDD: Good afternoon, Commissioners and Senator.
Thank you for your service and actually being here this late, staying
here for so long.
But anyways, I'm -- you know, I'm -- my name's Gary Rudd. I
work at Celebration Park. I'm manager there, food truck owner. I
work at 360 Market, Rebecca's, and The Maddox there on Bayshore.
I'm here to speak on behalf of the revenue that's been generated.
I met Bob Strommen three years ago, and we do a lot of the
caterings, or the caterings come from our facilities. And so it's been
April 23, 2024
Page 190
a -- it's been a big builder for the area.
A lot of -- you know, oftentimes there was actually groups that
have came out to Celebration Park. We have discounts that the
pickle-ballers come to our place and do. And I know, Commissioner
Kowal, this is your district, and so speaking to you directly, sir.
So we really love that relationship right now and what's
happened and kind of how we've been able to build the different
customers and everyone there.
We have lots of folks that come in to all the different places and
come often to 360 Market, to Celebration Park, and then the new
place, Rebecca's and The Maddox. And so, you know, again, I'm
here just on behalf of kind of what it's done for the area and the street
directly.
I know there's a lot of workers and a lot of -- there's about -- you
know, the competitions, I understand, are a little different, but it's
been nothing but great.
And I can't speak on the finance side, but I can speak on behalf
of the -- Bob has always been standup and been very straightforward
about exactly what he's going to provide to the area and, finally, you
know, all the different college/universities, and we've come in touch
with Notre Dame, Purdue. There's been a lot of other different
universities that have contacted us directly just through the
connections of NPC.
So thank you again. I know it's late, and I'm not going to use
the whole time, but thank you very much.
COMMISSIONER McDANIEL: Before you go, I just want to
make sure our staff has your phone number --
MR. RUDD: Yeah.
COMMISSIONER McDANIEL: -- because -- did you say you
run the Celebration Park?
MR. RUDD: Celebration Park.
April 23, 2024
Page 191
COMMISSIONER McDANIEL: Make sure our senior staff
has it, because he's the one that gets the phone calls when it's too
noisy.
MR. RUDD: I was going to say something because
Commissioner Hall said something about loving taco trucks, and I
appreciate you standing up for the food trucks and the -- but I do have
my -- and if we could invite --
COMMISSIONER McDANIEL: I was joking.
MR. RUDD: Okay.
COMMISSIONER McDANIEL: Thank you.
MR. RUDD: I was going to put another plug for some free
drinks.
MR. MILLER: Your final registered speaker for this item is
Michael Butters. I'm sorry. That is not the final speaker. Michael
will be followed by Tom Rosen. My slips stuck together.
MR. BUTTERS: Good afternoon, County Commissioners and
fellow constituents. My name's Michael Butters. I'm the head of
maintenance at the Naples Pickleball Center. I'm there every
morning, 5:30 a.m. You can come see me.
I wanted to say that between our pro shop, operations staff,
instructors at NPC, we provide a service to the members, guests, and
countless destination tourists who visit NPC to play pickleball, join
our clinics, or sign up for private lessons. We truly are a full-service
turnkey pickleball experience.
This has been mentioned earlier, but during our season, our call
center receives, on average, about 175-plus calls every day. I work
in that call center during the summer, and it is a bear. People also
come in to register for clinics and schedule private lessons and just
regular general information. It is a busy time.
In addition, we receive countless e-mails daily with general
information requests, membership requests from people out of town
April 23, 2024
Page 192
who want to buy memberships for their parents.
But also our back office handles the court -- on-court
emergencies. In 2023, we had 26 emergencies, and so far in 2024
we've had 16. We have an established protocol in place in case of
such an event. Respond immediately with first aid ice, we call 911
when necessary, and we stay on site until paramedics arrive. We
also have a staff member in the parking lot to assure EMS gets to the
injured player as soon as possible. We respond regardless of
whether it is during county time or NPC time. If we're on site, we're
responding.
We complete an incident report, which is immediately
forwarded to the Park and Rec's department for each incident. We
also have a mandated follow-up with the injured player the same day
to check on them. Many of our NPC staff and instructors are CPR
and first-aid certified.
During the summer months, we also take it and make it a
priority to walk around the grounds, reminding players of the
importance of hydration, sunscreen, and listening to your body to
prevent injury.
The back office also manages all communications to members
and guests. This includes preparing and distributing monthly clinic
schedules, coordinating tournaments, special events, leagues, and
other important updates and information.
Everyone who walks in the pro shop receives immediate
friendly and personalized service, whether it's for a day pass,
membership, expertise relating to gear, or local tourism questions.
We are a team that is laser focused on our customer service, respect,
and the true pickleball experience.
To terminate this service would be a huge disservice to all of the
members, guests, and staff of NPC. We ask that you reconsider this
recommendation. Thank you.
April 23, 2024
Page 193
MR. MILLER: Your final speaker is Tom Rosen.
MR. ROSEN: Thank you. Give me a second.
Okay. I'm not here to say whether or not the contract -- it's not
my opinion, but there are some things I would like to say. You
know, whether it's terminated or not, I don't really care.
But thank you for allowing me to take the opportunity to express
my thoughts and opinions on the operation of the Naples Pickleball
Club, more commonly known as NPC.
In my -- it is my opinion that Mr. Strommen of Naples
Pickleball Club is operating outside the scope -- the legal scope of his
agreement dated October 24th, 2020. He is operating in a manner
that is discriminatory and does not apply uniform operating
procedures across all courts.
He has stated he was going to communicate a plan to members
prior to US Open how he was going to improve the operation and
bring it into compliance. He did communicate a nice letter
requiring -- regarding many wonderful things that have happened
over the past year at NPC.
When it came to changes needed to bring the operation into
compliance with the agreement, there was minimal substance other
than he was going to be doing a beta testing to determine how to
uniformly test players at all levels to segregate play levels at all
courts. His current testing process is biased and dysfunctional,
subjective instead of objective, and does not reflect the way the game
has changed and evolved over the last two years.
Currently, testing is done for play at four -- the 4.0-plus court,
which then does not allow players who are not 4.0-rated to play at
those courts. Throughout the rest of the courts, players can play
anywhere, irrespective of their skill level. This is biased and
discriminatory practice that violates Item 30 in his aforementioned
agreement, no improper use; Item 31, no discrimination; and Item 48,
April 23, 2024
Page 194
compliance with laws.
This is a public park funded with taxpayer dollars. The fact
Mr. Strommen says he's going to do beta testing does not give him
the right to continue to operate outside the scope of the agreement
and the law and, in his words, while he figures it out.
I do not care going forward if Mr. Strommen and his entity are
the operators of NPC or a different entity, but whoever that is needs
to adhere to the agreement and the laws, and Collier County needs to
provide proper oversight.
Thank you.
MR. MILLER: And that is all of our speakers, sir.
CHAIRMAN HALL: I have -- I've got questions for staff.
So, like I said earlier, we've heard warm and fuzzy stories of
what pickleball does and provides for the community. And whatever
we do, I don't want to jeopardize that.
So what happens to the staff that's there, the volunteers that are
there, the daily operations if we -- if we approve this -- and go ahead,
James.
MR. HANRAHAN: James Hanrahan, assistant division
director for Collier County Parks and Recreation.
We would model it after what we did when we took over the
marinas, that the staff that the previous concessionaire had, we could
onboard them on the key staff side, which is our temporary staffing
side as far as to assist during the time of transition.
And we also saw, with the marinas' concessionaire, that the
workers that wanted to continue when they helped us out, they -- she
also hired them permanently for Blue Water.
So we would do the same thing to run the operations in the
interim, and then when the new concessionaire took over, if you guys
decide that, we would recommend the staff that is -- that is the
heartbeat there, that do amazing things, we would recommend that
April 23, 2024
Page 195
they continue on that staff.
CHAIRMAN HALL: Thank you. Great. Thanks.
Commissioner McDaniel.
COMMISSIONER McDANIEL: Yeah. My -- what is the
existing term of the lease with the Naples Pickleball?
MS. WILLIAMS: For the record, Tanya Williams, Public
Services department head.
Commissioner McDaniel, the current term of the existing
contract is through 2027.
COMMISSIONER McDANIEL: Through '27.
MS. WILLIAMS: Yes, sir.
COMMISSIONER McDANIEL: And what is the membership
fee that -- that a member of that organization pays annually?
MR. HANRAHAN: It's $50 annual.
COMMISSIONER McDANIEL: Fifty dollars.
MR. HANRAHAN: We do have a -- they do have a drop-in fee
as well. So you see a great mixture of that daily.
COMMISSIONER McDANIEL: Well, there's a drop-in fee.
If you're not a member, you get to go -- you still can go play, but
you've got to pay to play?
MR. HANRAHAN: Correct.
COMMISSIONER McDANIEL: Like a -- okay.
MR. HANRAHAN: And if we were to take over,
Commissioner McDaniel, we would continue that. We have acting
[sic] that system that could handle being able to do the drop-in fees as
well as membership if we wanted to, if we decided to keep taking
memberships until a new concessionaire was brought in.
COMMISSIONER McDANIEL: That is the intent in the event
that this board discontinues this agreement, that we will solicit and
find another vendor. And did I hear there's approximately 7500
members?
April 23, 2024
Page 196
MS. WILLIAMS: Over 7500 members, yes, sir.
And just for the record -- again, Tanya Williams, Public
Services department head.
For the record, we did -- Naples Pickleball Center also had the
vendor contract at Veterans Community Park. We allowed that
contract to sunset; we did not renew that contract. And staff were
quite capable and continue to operate successfully out of Veterans
Community Park in regards to the pickleball leagues.
COMMISSIONER McDANIEL: And specifically on the list of
litany of late payments, what was the -- you had that slide up earlier.
It's somewhere in your deck. What -- were they -- were
they -- there's a lot there. And, granted, I mean, Bob and I talked
privately about this as well, and I mean, a lot of us have been in
business ourselves, but there's a lot here.
MS. WILLIAMS: Yes, sir. And this -- this was just part of
the communication to Mr. Strommen back in 2022. Late payments
continued, missed payments continued through and into 2023 to a
point that there was one point in time -- and James may be able to
speak more specifically on this. But at one point in time Naples
Pickleball Center owed the county almost $50,000.
And in talking and communicating with Mr. Strommen, former
Parks and Rec director, Olema Edwards, worked out a payment plan
where he did come current on the back payments, but I think it was in
three different payments before he came current.
COMMISSIONER McDANIEL: And when we're -- what is
the rate structure? I mean, as far as the lease goes, does Naples
Pickleball pay a flat fee, or do they pay on a per game? Or how's the
lease work? Because I know we've had some rather -- and I'm going
to say it out loud. We've had some rather convoluted agreements
with vendors that -- concierge folks that operate our facilities -- what
type of an arrangement is established here? Is there a flat fee, or is it
April 23, 2024
Page 197
per game?
MS. WILLIAMS: Percentage.
COMMISSIONER McDANIEL: Percentage of what?
MS. WILLIAMS: Percentage of revenues.
COMMISSIONER McDANIEL: Gross?
MS. WILLIAMS: Sir?
COMMISSIONER McDANIEL: Percentage of gross
revenues?
MS. WILLIAMS: Percentage of --
MR. KLATZKOW: Total gross revenue.
MS. WILLIAMS: -- total gross revenue as reported by Naples
Pickleball Center.
So since Mr. Strommen took over the contract from Mr. Ludwig
in 2020, he has reported to the county a grand total of just over
$3.9 million in revenue. Fifteen percent brings the county's portion
of that to just under 590,000. He has paid over 62,000 in late fees to
the county, bringing a county revenue of just over 680,000 [sic],
which equates to about 17 percent. So a little bit over the 15 percent
due to late fees.
COMMISSIONER McDANIEL: Okay. So let me -- let me
play that tape back.
MS. WILLIAMS: Okay.
COMMISSIONER McDANIEL: We have an agreement with a
vendor that uses my -- at the county assets, and we receive 15 percent
of the gross reported revenue?
MS. WILLIAMS: Yes, sir.
COMMISSIONER McDANIEL: Who pays for the
maintenance and the upkeep?
MR. HANRAHAN: So it's a dual effort. Mr. Strommen
handles as far as the nets and the things on the courts. His team does
a -- they do a great job of cleaning the courts each day. Our
April 23, 2024
Page 198
maintenance teams takes care of the rest of the facility. We contract
out with our cleaning company, and then he pays a small fee on the
FPL.
COMMISSIONER McDANIEL: Is part of this facility the one
that we just spent 600-some-odd thousand resurfacing courts?
MS. WILLIAMS: Capital expenditure is solely on the county.
COMMISSIONER McDANIEL: Over and above the ongoing
maintenance --
MS. WILLIAMS: Yes.
COMMISSIONER McDANIEL: -- the capital expenditures are
ours?
MS. WILLIAMS: Yes, sir.
COMMISSIONER McDANIEL: I've got a headache. Don't
put that on the record, Terri.
I'm just -- you know, I'm having trouble with this. This is a big
business. We all understand -- you know, we all understand pros
and cons, business decisions. Have the -- and I understand that
Naples Pickleball took over in early '20 -- or late '20, early '21, and
the late payments started then.
MR. STROMMEN: That's incorrect.
COMMISSIONER McDANIEL: What is the current -- how's it
been for the last year and a half? Because this only shows data
through June of '22, and you said that there were payments that were
late going on into '23. How come we don't have that data up here?
MS. WILLIAMS: I just used that for speaking purposes. In
regards to additional communications for late payments, I can put a
list on the overhead.
MR. STROMMEN: Am I allowed to talk?
COMMISSIONER McDANIEL: That's up to the Chair.
CHAIRMAN HALL: No, sir.
COMMISSIONER McDANIEL: I think we're -- I mean --
April 23, 2024
Page 199
CHAIRMAN HALL: We're discussing right now.
COMMISSIONER McDANIEL: Yeah, I'm --
MS. WILLIAMS: And I'll start from 2024, and we can work
backwards.
This is a list of incidents that staff have had to triage. It is a
myriad of things from public complaining to correspondence with
Mr. Strommen. We even had, in late 2023, a law office reach out to
us regarding external late payments to a professional that was at one
point in time employed with Mr. Strommen.
COMMISSIONER McDANIEL: You know -- and I'm going to
say this out loud, I run -- in my other life, I run a business in the
public, with -- for public, that public come to, thousands and
thousands of people come a year, and you're going to have -- you're
going to have a few that don't like what you do even when you do it
really good.
And I see -- I see both sides of the equation. And I'm really
struggling with this decision. I'm -- I'm being told by my senior staff
to discontinue the relationship, but I also know, on the same token,
we haven't been the best communicators in our life. I have personal
experience with lack of communication.
And so I have an inclination -- I mean, you know, there again,
the handwriting is on the wall. I'm having a difficult time
extinguishing this agreement. I'm having a difficult time with that.
I'm having a difficult time with that.
Are you the fellow that the Chair told to shut off your phone?
UNIDENTIFIED SPEAKER: That wasn't me.
COMMISSIONER McDANIEL: It wasn't me.
MR. BEYRENT: It was shut off. It still does that.
COMMISSIONER McDANIEL: I don't know. I may have
further comments, Mr. Chair, but I mean, right now I've got my
questions answered. I'm -- I'm struggling with this. I'm struggling
April 23, 2024
Page 200
with this termination.
I also want to say out loud there -- the communication with the
vendor's been lacking. There were -- and, again, there's two sides to
every story, but I also know that we have had issues in Parks and Rec
with communication for a long time. And it's not anything
disparaging to our staff or the people that work with Parks and Rec,
but the communication has been challenged.
So I'm going to listen to what my colleagues have to say and see
if we can come up with --
CHAIRMAN HALL: Commissioner LoCastro.
COMMISSIONER McDANIEL: -- something.
COMMISSIONER LoCASTRO: I mean, I came in here with a
really open mind because I had, you know, limited information
compared to what we've heard now but enough to know what the
problem, you know, or the issues were.
I met with Bob yesterday. I think he met with most of us. You
know, got a presentation for him that is a great advertisement for the
Naples Pickleball Center and how awesome it is. But I think we're
mixing up so many different issues in this meeting. I mean, most of
the e-mails I got, and some of the testimony we heard today, was
pickleball's important to me. The facility is -- was stellar. It's
wonderful.
Well, you know what, people should thank the county for that.
We own it. And so it's not -- he's not a one-man show. He's a
private, you know, contractor, who, you know, is benefiting greatly
profit-wise. And this is a conversation we had about our marinas
when we terminated, you know, contracts about how they were
keeping, you know, the majority of the profits.
And it's not to say these separate companies can't make money,
but, you know, these county taxpayer-funded locations need to be a
benefit to the taxpayer as well as, you know, not just a cash cow for
April 23, 2024
Page 201
the contractor. But that's just one of many issues we're mixing up
here.
So, you know, I got e-mails from people who they were -- they
were kind of implying that if we terminated this contract, everybody
at NPC loses their job. I mean, as you just said -- you know, I knew
that wasn't true because at the marina most, if not all -- almost all
people stayed until we got a new contractor on board, and we
continued with -- you know, maybe we took two steps back, but then
it was to take five steps forward, and sometimes you have to do that.
So where I say I think we're mixing up issues is the staff isn't all
getting fired, you know, which some of the e-mails made it sound
like. Everyone agrees the facility and the product and playing
pickleball is amazing. So, you know, somebody thank the county
staff and the taxpayers who have funded this incredible, you know,
facility. The profit margins are a little bit in question.
The payments, you know, concern me, but if you pulled up the
first slide, some of the payments are five, six, seven days late. That
doesn't make them, you know, horrific, but it also doesn't make it
great.
COMMISSIONER McDANIEL: Evil.
COMMISSIONER LoCASTRO: I'm sorry?
COMMISSIONER McDANIEL: Evil.
COMMISSIONER LoCASTRO: Yeah. And so there's a
disconnect a little bit there, you know, and there's always a little bit
of a story, and Bob told me some of that story, you know, yesterday.
The other thing I wrote down here is everybody brags about the
service and how great it is and wonderful. Thanks, everybody who
works for Bob. You're doing an amazing job. The customers
appreciate what you do every single day. So then that comes to Bob.
The service is great, but is the leadership/ownership awesome?
People that brag to all of us in e-mails about how awesome the
April 23, 2024
Page 202
Naples Pickleball Center was didn't know that we had three
spreadsheets of late payments. They maybe didn't know that there
was a disconnect between communication between Bob and the staff.
And so, you know, their e-mail only had their part of the story,
which was love the staff, the facility is first class, et cetera, et cetera,
and we all know that. So the discussion here isn’t, is the facility,
you know, not good or not? It's do we have the right guy at the top?
But also, you know, communication and processes are a big
thing that we have faltered on before. I look back in my district and
I go, we lost one of our best contractors ever in Tony Smith who ran
Tigertail, and he had much of the exact same feedback that Bob gave
at the podium, which was, man, these spreadsheets are all great. I
wish somebody would have e-mailed them to me. You know, I hear
you've got a stack full of complaints, but how many of those were
forwarded to me?
And so, you know, I'd like to maybe -- if there's a rebuttal to
that, "Hey, we did forward every single one of those to Bob, and he
told us to pound sand, and he didn't care. You know, we went over
these long litany of 5-, 10-, 12-day late payments, and he said, too
bad, so sad. You know, you're lucky I'm out there," okay, well, then
I want to hear some of that.
But, you know, I remember at Tigertail -- and we lost Tony.
And, you know, I heard some of those -- I think I was still a
candidate at that time, but I sat out in that audience, and I heard some
of those same promises from different county staff that said, "Oh,
we'll just take over from Tony." And you know what, that place still
doesn't have a Tony Smith.
And so, you know, sometimes be careful if somebody is, you
know, three and a half stars, to kick them to the curb and just say,
well, we'll assume it, we'll put it out for bid, and the best person we
might have had we might have just kicked to the curb when we could
April 23, 2024
Page 203
have used this as a wake-up call on both sides and say, "You know
what, Bob, you've got to start writing your checks on time. There's
no grace period. You know, you're a contractor who's making, you
know, millions of dollars. Maybe you're not managing the money
very well." I don't know. That's just, you know, my take.
Maybe we've got to make sure we answer e-mails and phone
calls, and if somebody says that they're going to get back to Bob,
who's a contractor, and he doesn't -- and we don't, then he has a valid
point. He has merit to that.
But, you know, also, too, the product does start with leadership
at the top. I mean, I've met very few -- or I've seen very few
operations of anything that are awesome but the guy at the top is
horrible. You know, that's few and far between.
So I think that I'm struggling with this as well, because, I think,
had we had maybe better communication with him -- and, likewise,
Bob, you know, maybe you're not entirely innocent here.
I mean, you know, there's some specifics here on this
spreadsheet I'm reading now which is, you know, we reached out to
Bob. We got a nasty reply. We did this, we did that. Some of
these seem, you know, like onesie, twosies. And sometimes when
you put them all in one spreadsheet, it seems horrific.
Think about the thousands of people that have, you know, had a
great experience at the pickleball center. I mean, I can tell you I
don't think any of us would be commissioners if you lined up all of
the nasty e-mails we get. Then we'd all be fired, you know, because
people complain all the time.
COMMISSIONER McDANIEL: Just you.
COMMISSIONER LoCASTRO: It's just me? Oh, okay. It's
just me. It's just me. And I answer those, like an idiot.
But, you know, I'd like to take a smaller bite of the apple and not
lose another Tony Smith. You know, I read every single e-mail, I
April 23, 2024
Page 204
responded to every single e-mail. And it's great to just say, "Oh, the
county staff will come in and pick up the ball." Stuff the county
owns in an entirety right now, you know, certain parks and areas
where we own the whole operation, marinas, are struggling. I don't
know that -- and this -- this is a big animal. This is just under the
sports complex.
So we're not picking up a small water park, or we're going to run
the canoeing operation, you know, at one of our parks. This is a big
muscle movement. And I'm not confident the county can just say,
"Thanks for your service." I think it's easier to have a "come to
Jesus" meeting with all of you in one room and stop trading e-mails
and maybe somebody pick up the phone or call a meeting in a
conference room. You know, that really upsets me when it's like,
"Well, I sent five e-mails, and I didn't hear back." Okay. Well, if
it's such a critical issue, Parks and Rec should send him a note and
say, you know, "Come to a meeting on such and such a date" where
all -- you know, we're all going to be around one table, and we're
going to communicate, instead of trying to, you know, trade e-mails
and leave voice mails for something so specific that services so many
people in our community.
So what I see here is this is -- to me I don't know that I've seen
enough meat on the bone to just say, "Bob, thanks. See ya," and,
you know, we'll see if we get lucky with the county staff who is
already overtasked and understaffed, and they're going to now run the
whole pickleball operation and hope that the staff loves the county
leadership as much as they love Bob.
What I'd rather see is a wake-up call here to bring both sides
together and say, "Hey, we can still terminate you at any time." But
I see some big chunks of communication in the puzzle that haven't
been as tight. So maybe there's enough blame to go all around, but
instead of talking about blame, I think the wake-up call here is bring
April 23, 2024
Page 205
both sides together, unless somebody tells me different. But this is
just my takeaway from what I heard.
I walked in here with just very limited information, and I
wasn't -- I didn't -- I never -- I hardly ever, if ever, walk in here with
already a pre-decided vote. Okay. This is where, you know, we
hear the facts.
And Bob was very eloquent at the podium, I thought very
sincere, and some of what he said I've heard from other contractors
before, and some of what you-all have said I've heard before, and so
that has merit.
But when I put both together, I just don't think there's enough
here for me, unless I hear something different, to just make an
immediate end of this contract and sort of take maybe more than two
steps back, and even though it's not season, boy, if we guess wrong
on this one, one of the best jewels in Collier County that everybody
should take credit for is that pickleball center.
And so, you know, it doesn't -- it doesn't run itself. And if
there's some improvements to be made -- you know, my question
would be, how many around-the-table conversations have you had
with -- you know, with Bob and his staff because you were so
concerned?
And if it's a big number, okay, then, I want to hear that. I
remember with Tony Smith, the number was zero, you know, and
then he walked out and became a success doing a whole bunch of
other things. And, you know, Tigertail still sits there with no snack
bar, no rented equipment, you know, tumbleweeds blowing down the
middle of it. And, yeah, the county staff does their best to now keep
it afloat, but we lost a really good guy that had a lot of the
same -- gave a lot of the same feedback that he had -- he wished the
staff would have communicated with him a little more that they were
unhappy with A, B, C, D, and E, and then he had his own list of
April 23, 2024
Page 206
unhappiness. And he had the same feedback. "You know, I can't
get anybody to return my calls."
So, you know, having said that, I'm struggling as well.
MR. HANRAHAN: Commissioner, if I may. I took over in
September of 2022 as the regional manager reassigned to look over
East Naples, Eagle Lakes, and Sugden. One of the first things I
did -- because I did hear some of those concerns mentioned from Bob
where Olema and I immediately sat down with Bob to kind of level
set.
Where were the things that -- there were promises that were told
to Bob that he communicated to us that were not in the contract, and
we wanted to -- we wanted to level set. So we did that.
And I will say, you know, short of the last thing he mentioned as
far as termination, Bob and I actually met on a regular.
We -- when -- and he would e-mail me, and I would respond. If it
was something that was day-to-day, I would respond, "Please have
your staff work with Kathy Topoleski," who is our supervisor there.
But I do have -- I mean, I have the e-mails where, after our
meeting, I always sent the minutes from our meeting. Here's what
we discussed. Here's what Park's responsible for. Here's what NPC
is responsible for.
I was very sensitive to that because he said -- you know, he
mentioned that previous leadership, they weren't communicating to
him, so I wanted to make sure. And I will tell you, our former
director, Olema Edwards, was all about documentation and e-mails.
So there -- I would always follow up those meetings with an
e-mail saying, "Okay. What are the responsibilities on both sides?"
And if there was any time there was a question of the
contract -- because as we worked with the County Attorney's Office,
if there was any gray area, we wanted clarity on it. For example, the
open play time, as far as community members -- or there was -- I'll
April 23, 2024
Page 207
give you a very real specific example. There was a person that
reached out, thought that he was told he was banned from the park. I
worked with the County Attorney's Office to figure out that okay,
Bob, can revoke their membership, but they haven't done anything to
be banned from the park, so they can come and play during open
play, which is 12 p.m. to 5 p.m. Communicated that.
And, you're right, we get it. We know as -- frontward facing,
there's a lot of complaints that will come, some that are founded and
some that, you know, it's like all right, the level of standard that they
expect may not be what we can control. And I will tell you, when I
was the regional manager before I became the assistant director in
July of 2023, when those did come to me, the first thing I would say
to the staff is, "Work with their staff to see if these are real."
The only ones that I was brought in on were the ones where they
said, "I no longer want to talk to your supervisor Kathy Topoleski. I
want someone higher to deal with it."
So those are the ones, as you see, where it talks about being
banned and getting clarification on that. The lawsuits with dealing
with the money, anytime there was a question of that, I reached out to
the County Attorney's Office for clarification, not making a decision
without all of the proper parties involved.
COMMISSIONER LoCASTRO: So you're saying you have
had meetings with Bob. You know, you answered that question to
me.
MR. HANRAHAN: Yes, sir.
COMMISSIONER LoCASTRO: So do you feel that those
meetings, that he made a lot of promises that then didn't happen, or
the meetings actually were positive? And, I mean, give us a little bit
of report card. We're here trying to decide, "Do we let him go or
not?" And some of his complaint is communication, and it seems
like there at least is some of that. But now I'm hearing, you know,
April 23, 2024
Page 208
you-all did communicate pretty regularly and sat down and all that.
So was that not successful?
MR. RODRIGUEZ: If I could, for the record, Dan Rodriguez,
your Deputy County Manager.
Commissioner, probably about a year ago -- this shouldn't be a
surprise to Mr. Strommen, because about a year ago when we had the
challenges with the payments, the prompt -- getting the payments
promptly from him, reviewing the contract -- I was part of some of
those meetings with James, Olema, and Tanya, as well as going
before that with Mr. Williams.
But I remember the last meeting that I attended with the group,
and I remember specifically telling Mr. Strommen, "You're in breach
of your contract if you do not make payments, period, and that may
put you in jeopardy of losing your contract." So that was made
perfectly clear.
And that's why you see this timeline. You see the meetings, the
late fees, and all that. We had gotten to a point, staff was so
frustrated because his responses were -- he didn't take it serious.
And so I was brought into a meeting with him several times, I
believe two meetings, where I put him on notice verbally and said,
"You're going to be in breach of your contract. Please bring these
up." And then Tanya, working with her team over the last year and
several months, has worked to clean this up.
And when you look at this contract compared to many other
contracts that we've managed in the county, contract compliance next
to safety is our number-one priority not only because we have a
responsibility, as you-all know and you remind us, to the taxpayers of
the county, but also we have guidelines from the state. And whether
it's our own financial group or the Clerk of Courts, we are in sync.
And so when we went -- when we allow payments month after
month, six months later, to go in arrears, we lose credibility as a
April 23, 2024
Page 209
government, and we have a responsibility to --
COMMISSIONER LoCASTRO: And those are the details I
want to make sure that we stick to here. All the -- you know, the
majority of e-mails that we all got praise the pickleball center. "It's
great," you know -- and some people thought we were closing it, that
sort of thing. And I actually think some of the people that sent
e-mails praising how great the staff is and how beautiful the center
looks maybe should have thanked the county a little bit more for that.
But, also, they had no idea of the things we're talking about here
when it comes to payments and attitude and lack of leadership and
lack of communication.
And so, you know, although it was great that a lot of people
flooded our in-box saying they love pickleball and, you know, don't
change it if it's not broke, I think there's a lot of people that weren't
aware of these serious issues.
Is this enough to end the contract, you know, instantaneously
and start from scratch? You know, I don't know, but that's what I
want to make sure we stick to.
Nobody's arguing that the pickleball center isn't awesome and
great. And like Commissioner Hall said, we don't want to screw that
up.
But is Bob the only person that could run it? And did we learn
some lessons here to either put him on notice and come together or
sort of salvage this, or did we learn some lessons to bring in a new
contractor and have a better relationship with somebody new and not
allow some of these things? And you sit here and go, "Wow, these
late payments went for this long, you know, maybe we should have
been having this meeting sooner and putting him on notice."
MR. RODRIGUEZ: Well, if I could just answer the other
question you have in reference to, “Is this the best contractor?” You
know, this is an opportunity for us to do a reset, and speaking with
April 23, 2024
Page 210
the County Manager and her direction as well, is we've got this
history, this report card with this vendor. We also have direction
from the Board to look at our contracts to see if they're a best-value
solution. You look at the revenue that's being made, you look at the
capital expenditure the county is paying for to resurface these courts,
and then the minimal maintenance that's being managed by the
contractor.
This is a good opportunity for Mr. Strommen, if he'd like, with
his group, if we were to put this back out as an RFP, he could
potentially come back and provide his best case forward.
CHAIRMAN HALL: Commissioner Saunders.
COMMISSIONER SAUNDERS: Thank you, Mr. Chairman.
A couple questions. This may take a few minutes. But the
contract that we have right now, when was this contract drafted, the
original contract? From my understanding, this was assumed. So
this -- when was this contract --
MR. HANRAHAN: So the original contract with Jim Ludwig
and Pickleball Center was 10/24/2017.
COMMISSIONER SAUNDERS: 2017. So that would
be -- okay. So we're talking about seven years ago.
Are there problems with the contract? This is a question for the
County Attorney. Because I see this kind of as an opportunity. If
we have some problems with the contract, because we've certainly
perhaps learned a few things in the last seven years in terms of these
contracts, do we have contract issues that should be changed in this
agreement?
MR. KLATZKOW: I don't think so, no.
COMMISSIONER SAUNDERS: So you think that this
agreement, in terms of late penalties --
MR. KLATZKOW: This agreement's very simple. He pays
15 percent of the gross or $900 a month, whichever is larger,
April 23, 2024
Page 211
monthly, and he's got to pay it 15 days after the month. And I was
working with staff; he doesn't do that.
COMMISSIONER SAUNDERS: Okay. Simple -- I
understand you're saying the contract is simple. That doesn't
necessarily mean that it's a good contract. Are there other provisions
in the contract that need to be changed?
MR. KLATZKOW: I don't think so, no.
COMMISSIONER SAUNDERS: All right. So we have a
contract that doesn't need to be changed.
I'm not convinced, based on what I've heard, that this is
the -- that termination is necessarily the proper thing right now. I am
concerned that he's not paying on time, and that's got to stop.
And what I would suggest that we do is -- I don't think anybody
on this board right now wants to terminate this agreement. I don't
know that anybody feels comfortable doing that. I may be wrong.
CHAIRMAN HALL: I do.
COMMISSIONER LoCASTRO: Do you think 15 percent,
though? I mean, now that we've heard the math, I mean --
COMMISSIONER SAUNDERS: Fifteen percent of gross; that
seems like a lot, actually.
But, anyway, if our staff is saying that the agreement is fine, the
compensation is fine, the problem is that we have a vendor that's not
paying us on time, I'd say let's give him a few months to -- or six
months to come back. And if he's still not paying on time, let's
terminate then. I don't think we're ready to terminate this agreement
right now. That's kind of my gut feeling.
MS. PATTERSON: Commissioners, if I may. And that's fine.
But when and if we come back, which will be sometime between
now and when the contract expires, we would be looking at the terms
as far as that payment as something that we would want to look at
differently.
April 23, 2024
Page 212
The 15 percent -- there are problems associated to that. While
the contract itself, to Commissioner -- to County Attorney Klatzkow's
point, is a fine contract, we've learned a lot about these contracts,
particularly with the requirements for everything
maintenance -- capital maintenance lying on the county. We would
want to look at that again.
COMMISSIONER SAUNDERS: All right. Well, this is why
I was raising the issue of the contract, because I see this as an
opportunity.
MS. PATTERSON: Yes.
COMMISSIONER SAUNDERS: He's on notice that we're
about to terminate him for convenience. We can do that anytime we
want to. I'm not convinced that necessarily he's the guy that we
should be terminating, but I have a sense that this contract is
presenting a problem. And you're sort of verifying that.
MS. PATTERSON: Yes.
COMMISSIONER SAUNDERS: So why don't we continue
this. Why don't you tell us how this contract needs to be amended to
make it more consistent with what we're doing today and give him
another opportunity to continue operating with new terms in this
agreement that more fit what you're trying to accomplish. If we
could do that, then I think we've solved -- or at least have a process
that may solve a problem without terminating the agreement, if that
makes sense to you.
MS. PATTERSON: I think it's a good first step based on
where, you know, several of you have concerns. We need to address
that. And this gives us an option, then, to look at where things are
going wrong. So, obviously, the first thing is is the payments have
to be made timely under the existing contract, but we need to come
back to you with what our suggestions for a contract moving into the
future that more adequately covers the county for things that were not
April 23, 2024
Page 213
contemplated when this was -- when this was done in 2017.
COMMISSIONER SAUNDERS: All right. So I'd like to
ask -- is it Schroeder? Am I saying that right?
MR. STROMMEN: Strommen.
CHAIRMAN HALL: Strommen.
COMMISSIONER SAUNDERS: Strommen. If you'd come
on up for just a minute to -- obviously, you're observing a lot of
frustration on our part about the late payments. And I'm not asking
you to comment on whether you're making the payments on time or
not; I'm just telling you. Frustrated with the late payments. And
what I'd like to see us do is redraft this agreement to make the
changes that may make this a better agreement going forward but
also to put you on notice that if you don't make the payments on time,
we can terminate at any point for convenience, and we're not going to
go through this kind of, you know, two-hour discussion about late
payments again.
Is that process, in your mind, acceptable?
MR. STROMMEN: Commissioner Saunders, and all of you
Commissioners, I don't want to go through this process again. So
let's -- we all agree on that, okay.
And the contract, I want to just be really clear because I'm
not -- I think it's fair, okay, let me just -- in regards to what you said.
The contract says they're due on the 15th with a five-day grace
period. No penalty unless paid after the 20th. Okay. So, yes, I
have used the five-day grace period, non-penalty period no different
than any other mortgage company or whatever without -- and so
when you look at some of the late payment notices schedules, some
of them were a day or two. But anyway, I agree with you.
COMMISSIONER SAUNDERS: That's not what I asked you.
I'm trying to come up with a process that gets us a little bit better
contract, has the potential to keep you on board until we feel that we
April 23, 2024
Page 214
need to terminate you for convenience for other reasons. That's what
I'm trying to accomplish right now.
MR. STROMMEN: And I appreciate that. I would love to
have that. Tanya and I, in a meeting about a year ago, we actually
opened up the discussion of the vagueness. I mean, I will actually
refute [sic] that I think the contract's a mess from both parties, you
know, because of the vagueness of some of the terminology. So I
concur, and I would welcome that as a nice solution to a messy issue
right now.
COMMISSIONER SAUNDERS: So, Mr. Chairman, I
would -- I could formulate a motion, if you think it would be
appropriate at this point, or I can --
CHAIRMAN HALL: Let's hear from -- let me -- I haven't had
a chance to chime in.
This decision's hard, but it doesn't mean it's not -- it doesn't need
to be made. It didn't come about easy. I mean, it wasn't just like
willy-nilly we woke up and we thought, oh, we just need to terminate
for convenience. This has been a long time coming with frustrations
from both sides.
And whether we like the contract or whether we don't like the
contract, that's not relevant here. It's the performance side of it.
Pickleball is not going away if we terminate this contract. People
are going to show up tomorrow ready to play pickleball. It will just
be under different direction or different leadership.
So the people that are enjoying the county asset, they're not
losing here. If we come back with -- if we terminate this agreement,
we come back with an immediate RFP, Mr. Strommen will have a -- I
can promise you. I'll commit right now if we do this, you'll have a
fair chance and a fair shot at your RFP, you know, moving forward.
We'll also have other people who have expressed interest.
So to me it's not about how much we make or how much money
April 23, 2024
Page 215
we don't or what the terms of the contract are. We can -- if we
terminate this contract based upon reasons from the past, then we can
move forward with changes that we want to make.
Yeah, it's a hard decision, especially when you're looking people
in the eye that you're going to terminate. But at this point in time, it
didn't -- we're not doing anything. We're exercising our rights under
the contract to manage our county assets the best we know how.
I don't think it's in the county's best interest to operate long term.
But if we have to step in in the very short middle until we get
somebody that's competent and that we're confident in, I'm willing to
take that chance.
So, Commissioner McDaniel.
COMMISSIONER McDANIEL: Yeah. Well, to be -- I don't
disagree with you, but I don't agree with you. I don't think it's time
to pull the trigger and terminate.
I'm inclined to go along with what Commissioner Saunders was
talking about. I already said it once. I'll say it again. It's a
wake-up call for you. I'm looking at Bob right now for those that
can't see him standing over there. The handwriting is on the wall.
We all know that there are issues with our contracts. They may
be -- they may be really good. They may not be really good. We
all know there are issues with communications on both sides of the
fence. We all know that dealing with the public is an interesting
endeavor. Be an elected official sometime and see about that.
I'm inclined to have some further discussions with this before
we -- and I also want to hear from the commissioner of the district as
well before I finally pull the trigger. Is it yours or is it -- I thought it
was Kowal's.
COMMISSIONER KOWAL: It's mine.
COMMISSIONER McDANIEL: It is. That's right. So -- I'm
not done yet. I just -- my -- and one point that I want to make is has
April 23, 2024
Page 216
this issue been brought up at PARAB at all with regard to our
contractor/vendor, public comment, anything along those lines?
MR. HANRAHAN: We did have a meeting back -- I was in a
previous position just observing, but Mr. Strommen made a
presentation to the PARAB board asking to increase the fees, and the
board was not happy with the presentation and actually said to come
back when you have -- they had questions about his financials, and so
they requested for him to come back with more information on the
financials, and that has not happened yet. I cannot -- I can pull -- I
can get the date from [sic] you. I don't, off the top of my head --
COMMISSIONER McDANIEL: And you don't have to,
James. I appreciate that.
I just -- you know, there again, I'm talking about -- I'm talking
about overall operational aspects. I'm hearing about disputes about
court time. I'm hearing about disputes about quality of play, who
can play, what the level of play is, so on so forth. I'm hearing about
things that aren't -- now, late payments on a consistent basis in any
business, that's -- that's termination language. Disgruntled responses
from a vendor who hasn't been communicated in a proper manner or
timely manner or anything along those lines, that's a different -- that's
a different -- that's a different discussion. That's more at the Board
of County Commissioners' level.
But operational aspects, how, when, what, where, what the fee
structure is, so on and so forth, those are things that should -- I think
should have gone to the PARAB before this escalated to this level.
MR. HANRAHAN: Okay. Yes, sir.
COMMISSIONER McDANIEL: So my two cents is at this
stage I'm -- I'm inclined to move forward under the current
circumstances but with the wake-up call being put out.
CHAIRMAN HALL: Commissioner Kowal.
COMMISSIONER KOWAL: Thank you, Chairman.
April 23, 2024
Page 217
Mr. Strommen was probably one of the first people I met once I
got -- became a commissioner here in District 4. He reached out and
sat down with me and, you know -- and then since I think I called
him a frequent flyer after that, other than Rich Yovanovich.
But, you know, he -- early on he expressed some certain things,
you know, like talking about with the PARAB and the time
when -- talking about increasing the fees because, you know,
time -- the time we get people to come here just for a week or two
vacation, instead of doing daily payments, they would just opt to be a
member for a year for 50 bucks, you know, and that took away an
option for somebody to be a member year-round, you know.
So there was certain things that, you know, I kind of understood,
and I kind of understood with him because, I mean, when I worked
out at the county gym for years and years, it was, like, 30 bucks a
year, you know, and then you're talking pickleball was around 50,
and this is many years later, inflation and everything.
So I think it's a pretty good deal, you know, and I think that
that -- you know, I understood where he was coming from in some of
those -- some of those aspects, because then it gave him a little bit
more control over, you know, having the members and having the
ability to service them better, you know, and you know, if they pay a
few more dollars, I don't think anybody would have a problem with
that, playing pickleball, because it's a very passionate group of
people. It's a way of life, really, with a lot of people.
I can't believe -- I mean, listen, that gentleman said he was 72
years old. I'm going to start playing pickleball, because he didn't
look like he was 72 years old, so...
COMMISSIONER McDANIEL: You need to.
COMMISSIONER KOWAL: I know.
But -- and this is tough for me because, you know, I wanted
to -- you know, I heard at some point that this was coming down the
April 23, 2024
Page 218
pipe, you know, the staff had, you know, documentations and things
like that due to the late payments, and just like anybody said -- like
Mr. Rodriguez said, Dan, he said, you know, we have a certain duty
to our citizens, and we have to be efficient, and when we have
contractors that service our citizens, we hold them to a higher
standard, just like we hold our own employees to a higher standard,
you know.
And this is tough because I don't dislike Mr. Strommen. I don't
know enough about what happens on a daily basis at the pickleball
park. I know at one point it was a community park, and it's hard to
describe that now because it's definitely not the same community
park it was 15 years ago. It's definitely a pickleball center. And,
you know, it's totally different than what it was before.
And I think maybe some people are angry because it's not a
community park anymore, and it kind of became our pickleball center
for Collier County, actually for the whole United States of America.
It's looked at as a jewel in the industry, and especially -- we have the
US Open here, the only place in the country that has the US Open.
But I did have a meeting with Mr. Strommen just about a week
or so ago when this was all coming to fruition and he got his letter,
and, you know, I gave him the time. He sat down with me in my
office. And, you know, I give everybody the opportunity to hear all
sides. And the only thing that bugs me a little bit, Bob, was at the
time when I asked you -- right before we ended the meeting, I says,
"Is there anything in your mind or anything you can think of that
would give anybody a sour taste or want to terminate this contract for
any reason?"
And you sat back in the chair, you looked up, and you said, "No,
Commissioner. I can't think of a thing."
And, you know, knowing that some of these issues were already
brought to my attention, I just wanted to basically hear something
April 23, 2024
Page 219
from you at that point that -- "You know, we've had some issues with
payment" or this or that.
You know, you didn't -- you didn't convey that to me. And, you
know, like, that kind of, you know, made me think of this, but at the
same time, I believe in second chances. I think there's a lot of
success out there in this world when people have a second chance or
another bite at the apple.
I don't have a problem with what Commissioner Saunders is
kind of laying out, that this could be a wake-up call and take it
seriously and we revisit this. And I think that's the way I'm leaning
at this point because I want to -- I want to believe that you can pull
the nose up on this and, you know --
COMMISSIONER McDANIEL: That's aviation language, isn't
it?
COMMISSIONER KOWAL: Yeah, yeah. It's kind of
aviation language. I'm learning how to fly, so that's why I'm using
it.
CHAIRMAN HALL: Soft field landing.
COMMISSIONER KOWAL: But, no. I mean, it is what it is.
And we have to run a tight ship here, and it's our responsibility to the
citizens of Collier County that we do that.
And I get it. You know, listen, I was in a profession we got
complaints all the time on us, you know. A lot -- you know, not
many founded. Most were unfounded. But you live with it because
it's the nature of the job. And when you have 7,000 people coming
through the gate on a daily basis, you're not going to make everybody
happy. It's impossible.
You know, so I'm just saying that I think I'm in the same
position as Commissioner Saunders and I think Commissioner
McDaniel in giving a second chance, and then -- but we're not going
to go through this again. This was on the consent agenda. I pulled
April 23, 2024
Page 220
it off. More than likely, you wouldn't get a second chance. It
would have already been voted on five and a half hours -- or no,
longer than that -- eight hours ago in one swoop.
So I hand it back to our chairman, and I think --
COMMISSIONER McDANIEL: Thank you.
COMMISSIONER KOWAL: I think that's how I feel at this
time.
CHAIRMAN HALL: Okay. So we're going to do a -- need to
get to a decision because Terri needs a break.
So Commissioner Saunders is lit -- Commissioner
LoCastro's -- I put his light off, but he's first. Commissioner
Saunders, then Commissioner McDaniel.
I'm willing to go forward with a no grace period. I mean, pay
the bills, pay them on time, manage the deal, and do it. First time
we -- that it's violated, sorry. So do we have a motion, or
you-all -- we have comments.
COMMISSIONER LoCASTRO: Here's what I would support.
First of all, we can terminate you at any time. We can also amend
this contract at any time.
I wouldn't give you six months, because if you failed, now we're
at -- now it's season, and all of a sudden now we're rolling into county
staff never managed pickleball, and, you know, I can tell you, smaller
operations that the county staff absorbed weren't five star across the
board, so that concerns me. And not because we don't have good
people, but big operation, never done it. You can't come in and just
automatically be Bob, whether he's good, bad, or indifferent.
So what I would support is truly look at this as a wake-up call
and a sit-down by staff to amend this contract, and then we monitor it
over a couple months. I mean, if he's not paying on a regular
basis -- okay, we go 60 days, and we have an issue, okay, then the
track record has continued.
April 23, 2024
Page 221
One of the ways that you also fix late -- late payments is bigger
penalties. So I don't know what the penalty is, but if somebody
owes me $10,000 and if they pay me late it's a $50 penalty, that's why
they pay late every time because they don't care.
We talked about that -- different subject, but remember the loud
muffler conversation? The reason why the same people keep getting
pulled over is the fee -- you know, the fine doesn't increase, it doesn't
increase significantly. So I would say to Bob -- and I'm just talking
out loud -- you know, when you're a day late, you owe us double. I
bet you he'd never be late, okay. And then if he was, you'd come in
here and say, "You know what, he can't -- he can't do it."
So I'd like to see an amendment. And these are the things I
wrote down that need to be beefed up: The late payment fee, I think,
needs to be looked at because if he has no problem paying the
fee -- and, like you said, I think the number was -- "We've
accumulated $65,000 in late fees." Okay, we got more money, but I
don't know that that means we've got a great contractor. So I'd like
to see something tightened on late fees.
I'd like to see something tightened on required communication.
Maybe you have to meet once a week, once a month, whatever,
like -- and it's written down, not, "Well, we called Bob, and then he
couldn't make it, and then he showed up." No, no, no. It's in the
contract, you know, every Thursday, or whatever it is. That sort of
thing.
I think the percentage of the gross is way off. I mean, you
know, county assets aren't supposed to be a cash cow for the
contractor. I mean, to me I always say, if it's 51 percent good for us,
and they feel like it's 51 percent good for them, then we both walk
away going, "You know what, we mutually feel good."
We have some contracts that were almost 0 percent for the
county and, you know, the reason why the contractor loved the
April 23, 2024
Page 222
county was because they were making money hand over fist, and
nobody was minding the store. So I would like to see an amendment
that now that, as you said, we've become more educated on the profit
margin of pickleball, the popularity, the cost to keep the place
looking, you know, pristine -- I don't want taxpayers to be paying
hundreds and hundreds and hundreds of thousands of dollars to keep
this place pristine, and then we get 15 percent of the gross.
So if I'm wrong on those numbers, then, okay, correct them, but
if that's pretty correct, if every taxpayer in Collier County was here,
they wouldn't be happy to hear that, even the pickleball players.
And then just less vagueness, less [sic] specificity. Like
Ms. Patterson said, we've all learned something over the -- what do
you say, Commissioner Hall, seven years, right? -- and especially in
the last -- in the last year. So look at the contract and see where it's
thin.
And if Bob doesn't like the new amendment, see you later.
Then take a walk and put it out for an RFP. But I think he's
dedicated enough and cares enough about pickleball, and that if this
is a wake-up call, the things I just talked about and the things that
you're not happy with could be put into an amendment. But I would
give it a very, very short timeline because this isn't a new contract
and we're sort of learning and, you know, he missed a couple of
payments but, you know, he apologized. No, no. This is a long
track record.
The next 60 days should be stellar. If they aren't, then I want to
transition to county staff and an RFP in the middle of the summer,
not in November, because that center will implode. It will implode.
And then we'll look like a bunch of idiots, and then we'll be begging
for somebody like Bob to come back. So something like that is what
I would support.
MR. HANRAHAN: Yes, sir. Thank you.
April 23, 2024
Page 223
CHAIRMAN HALL: Commissioner Saunders.
COMMISSIONER SAUNDERS: Thank you, Mr. Chairman.
I'm going to go ahead and make a motion that I think sort of
includes all of this: That we continue this termination request until
the second meeting in May. That gives staff a little over -- about 30
days. During that time period, to review the contract and come up
with the amendments to the contract that make this more consistent
with what we know today in terms of how to operate these facilities.
That may very well include increasing the late payment fees. That
may include changing the gross revenue sharing. I'm not so sure
about the communications thing, but something dealing with regular
communications between the county and the vendor.
And on the vagueness issue, that's going to be -- I guess that
goes without saying. You're going to be drafting a new agreement;
hopefully it will be less vague.
And so I think that -- continue this for that time period. If
Mr. Strommen doesn't like what's being proposed, then we have
plenty of time to do a rebid, but that gives him an opportunity to take
a look at what we're proposing, the changes.
Now, these changes have to be reasonable and fair. I'm not
looking at trying to shove something down his throat that's not
acceptable. But let's try to work out an agreement that works for
him and works for us.
So that's my motion, Mr. Chairman.
COMMISSIONER McDANIEL: I'll second it for discussion.
COMMISSIONER LoCASTRO: Can I add one thing and just
say I love everything that Commissioner Saunders just said. And
while that's being worked on, you know, I would say to you, Bob,
and to your staff, verbally you've heard a lot of things here.
So what I would love to hear in 30 days is not only the staff
coming back with an amendment, but hearing he made every
April 23, 2024
Page 224
payment during those 30 days perfectly, started working better
together, that he didn't wait for something to come to him on paper.
I think we've talked about it ad nauseam here.
So how impressive it would be to get it in writing in 30 days but
hear, "Wow, we both -- the county and Bob both blew off the dust,
and you would think we had a new agreement today because we're
operating even better without it, and now we have something in
writing."
If you come to us with an agreement and it's still been a lot of
the Abbott and Costello Show over the 30-day period while he's
waiting for something in writing, then we'll know we don't have the
right team, is what I would say. So, I mean, that's, you know --
MR. STROMMEN: Am I allowed to say anything?
COMMISSIONER McDANIEL: No.
CHAIRMAN HALL: Commissioner McDaniel.
COMMISSIONER McDANIEL: You're okay, you know. I
mean, for now, it would be best to --
CHAIRMAN HALL: You've got a lifeline.
COMMISSIONER LoCASTRO: Second that.
COMMISSIONER McDANIEL: You have a lifeline right
now, so just a lot of listening.
And my statement has to do -- when I said this before, my
number -- I would like to include direction to carry this to PARAB
for public input from the players by the PARAB board, who is an
advisory board to this board for public input on quality of play,
quality -- how the -- how the facilities are being used and so on and
so forth.
And I would also suggest you get your recommendations to
what you -- and I'm talking to Bob -- that he get his recommendations
to our staff, because he respectfully disagreed that it's a clean
agreement. So tell us where the holes in the doughnut are so that we
April 23, 2024
Page 225
can work -- so that we can work with our staff to clean that up so that
it is a tighter agreement.
And I agree with Commissioner Saunders, I mean, coming back
at the end of May with the report with suggestions, don't use that
five-day late fee, don't use that five-day float ever. Pay early.
COMMISSIONER SAUNDERS: What we're doing is coming
back in May with a new contract.
COMMISSIONER McDANIEL: Yeah, and a discussion about
that.
CHAIRMAN HALL: So we have a second. We have a
motion as amended. Yes, Ms. --
MS. PATTERSON: Commissioners, just for clarification,
you're looking for this amendment to go to PARAB or just to --
COMMISSIONER McDANIEL: Yes.
MS. PATTERSON: So timing-wise, it's going to be really
tight.
COMMISSIONER McDANIEL: Let me rephrase that.
PARAB really doesn't have anything to do with the amendment for
the contract. The contract's between the Board of County
Commissioners and the vendor. I want PARAB -- I want PARAB to
be in discussion with the operational aspects, how -- who's happy,
who's not, that sort of thing. Use of courts. What's the -- because
I've heard all kinds of things. We've got -- as we've all said, we got
a whole bunch of e-mail from -- and communication with regard to
when the timing of the courts is allowed, who's -- what -- who's
allowed to use what court, so on and forth.
MS. PATTERSON: Understood. We'll open up a dialogue.
COMMISSIONER McDANIEL: Those are the things that I
want to go to PARAB.
MS. PATTERSON: Okay.
COMMISSIONER McDANIEL: As far as specifics with
April 23, 2024
Page 226
regard to the contract, that's between the vendors and the Board of
County Commissioners.
MS. PATTERSON: Very good. Thank you.
CHAIRMAN HALL: So the motion is to continue this until we
get a new contract May the 23rd?
COMMISSIONER KOWAL: Second.
COMMISSIONER McDANIEL: Or suggested amendment.
CHAIRMAN HALL: Or suggested amendments. And it's
been seconded. So all in favor of that, say aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN HALL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER KOWAL: Aye.
CHAIRMAN HALL: All opposed?
(No response.)
CHAIRMAN HALL: All right. We'll take a court reporter
break. It's 5:30. Let's come back at 5:40.
(A brief recess was had from 5:30 p.m. to 5:40 p.m.)
MS. PATTERSON: Chair, you have a live mic.
CHAIRMAN HALL: All right. Where are we at?
MS. PATTERSON: We are at Item 15, staff and Commission
general communications.
Item #15A
PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE
CURRENT OR FUTURE AGENDA BY INDIVIDUALS NOT
ALREADY HEARD DURING PREVIOUS PUBLIC COMMENTS
IN THIS MEETING
April 23, 2024
Page 227
I hate to even look over there, Troy. Item 15A, public
comments on general topics not on the current or future agenda by
individuals not already heard during previous public comments in
this meeting.
MR. MILLER: We have none.
Item #15B
STAFF PROJECT UPDATES
MS. PATTERSON: All righty, then. Item 15B, staff projects
updates, we have none today.
Item #15C
STAFF AND COMMISSION GENERAL COMMUNICATIONS
So that brings us to Item 15C, staff and Commission general
communications.
Not for this meeting, but we probably need to talk at a future
meeting about our workshops, potentially city. We have one with
the City of Naples and the City of Marco Island, typically.
Other than that, Commissioner Saunders, you look perplexed.
COMMISSIONER SAUNDERS: Tanya had -- Tanya
Williams. Okay. I didn't know if you were still here. I just want
to make sure you're still here. I didn't see you behind the podium
there.
MS. PATTERSON: Okay. That's all we have from over here.
Jeff?
MR. KLATZKOW: Nothing, thank you.
MS. PATTERSON: Commissioners.
April 23, 2024
Page 228
CHAIRMAN HALL: Commissioner Kowal.
COMMISSIONER KOWAL: Thank you, Chair.
I think today was pretty productive. We had some really highs
and lows. But I was just explaining to County Manager here,
literally, we had such a really good feel-good story here with the
veterans thing and, you know, having all these people here, and I
didn't see one news camera, but then I got two requests now to do an
interview over the pickleball. So, you know, it kind of sets
precedence on what people care about or don't care about. I regress
[sic].
I did want to ask staff, because I think you guys received this,
and this is in reference to Riviera Golf Estates. It was brought to my
attention that the South Florida Water Management District had sent
a letter in reference to the golf course. Here comes --
MS. PATTERSON: I told Trinity she wasn't allowed to come
up here for the rest of the meeting, but I guess I'm going to have to
say she can.
COMMISSIONER KOWAL: She got away with not
doing -- no, she got away with a very short presentation.
MS. PATTERSON: I was afraid what would happen.
Hi, Trinity.
CHAIRMAN HALL: She showed up for the check picture.
MS. SCOTT: I did. I took that check, too.
For the record, Trinity Scott, Transportation Management
Services department head.
Yes, we are preparing a response back to the District.
According to the plat -- at least what the District has provided to us,
according to the plat, we are not responsible for maintenance for the
tract that is in question, and we will be responding back to the
District in that --
COMMISSIONER KOWAL: I assumed that, but I was just
April 23, 2024
Page 229
wondering if -- did we have any communication with the owner,
which we already have several, I think, code violations on their
stormwater management practices for the abandoned golf course that
they still own?
MS. SCOTT: There have been numerous code cases that I
believe are still ongoing with regard to the maintenance of the
stormwater management on the golf course side. I would defer to
Mr. French on that.
But we have also reached out to the District to find out why they
sent us the letter.
COMMISSIONER KOWAL: That's what I'm saying, because
it seems like it should have went to the owner of the golf course
because --
MS. SCOTT: Exactly. We reached out to the District. We
reached out to the person who sent the letter. We left three messages
last week, and we have reached out to the director of the southwest
office -- area office to -- for the permitting side to also have that same
conversation of why they sent us the letter, but we will be
responding, nonetheless.
COMMISSIONER KOWAL: All right. I just wanted to make
sure that the right people had the notice in hand.
MS. SCOTT: They do. That's me.
COMMISSIONER KOWAL: No, I mean as in the owners of
the golf course.
MS. SCOTT: Yes, yes.
COMMISSIONER KOWAL: Because it's his responsibility.
MS. SCOTT: Yes.
COMMISSIONER KOWAL: And he's already in with us --
MS. SCOTT: Yes.
COMMISSIONER KOWAL: -- with violations that
Mr. French is checking up on, so --
April 23, 2024
Page 230
MS. SCOTT: Exactly. We'll make sure when we respond that
we copy them on our letter.
COMMISSIONER KOWAL: All right. Thank you.
I don't have a whole lot other than I believe Passover started
yesterday, so Happy Passover to any of our friends out there. And
I'm pretty much done.
CHAIRMAN HALL: Good. Commissioner Saunders.
COMMISSIONER SAUNDERS: The reason I asked if
Ms. Williams was still in the room, a couple months ago I had
suggested, and the Board agreed, to look into drafting an ordinance
dealing with an animal abuse registry along the lines of what was
approved in Lee County. And the Board agreed to do that.
Ms. Williams took that ordinance, along with the County
Attorney, and had meetings with the Sheriff to make sure that the
Sheriff was on board. In Lee County, the Sheriff there handles the
abuse -- animal abuse registry.
And the theory is that if you're abusing animals, you're probably
abusing people as well. So there's a connection there, and that's why
the animal abuse registry is kind of important not only to stop abuse
of animals but the -- you know, other potential issues, and it also
prevents animal abusers from purchasing or acquiring animals from
our shelter and that sort of thing.
And so I wanted to get an update, because I think we're ready to
go ahead and advertise an ordinance to make that a reality. So that's
why I wanted to ask Ms. Williams to make a little presentation.
MS. WILLIAMS: For the record, Tanya Williams, Public
Services department head.
The proposed ordinance that the County Attorney drafted was
shared with Sheriff staff, especially those that would be responsible
for implementing the aspects of the ordinance and maintaining the
registry.
April 23, 2024
Page 231
Obviously, it's something that is doable by the Sheriff's
Department, and they have the protocols in place to implement the
ordinance.
It is currently sitting with the Sheriff's Department's attorneys.
I am -- have been told that there are some minor modifications that it
appears that the Sheriff's attorneys would be requesting. I'm waiting
to get that back to our County Attorney's Office so we can finalize
that ordinance.
COMMISSIONER SAUNDERS: Could we go ahead and
advertise it -- we have the title -- go ahead and advertise it and work
out those little details over the next two or three weeks when it's
waiting to come back?
MR. KLATZKOW: The better practice is not to because you're
supposed to file the proposed ordinance with the Clerk so people
could actually read it, and if we know that that ordinance is going to
change, it could present problems.
COMMISSIONER SAUNDERS: Then could we just simply
bring this back for discussion at our next meeting, at which point in
time we can direct you to advertise?
MR. KLATZKOW: Yes.
COMMISSIONER SAUNDERS: Is that acceptable to the
Board?
CHAIRMAN HALL: Yes.
COMMISSIONER SAUNDERS: All right. Thank you.
CHAIRMAN HALL: Is that it?
COMMISSIONER SAUNDERS: Yes, I'm sorry, that's all I
have for today.
CHAIRMAN HALL: Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes. I have a special
request, if you gentlemen can hear me out. I want to apologize.
There's an issue that's going on -- if you haven't heard about it, there's
April 23, 2024
Page 232
a movement afoot to designate a wilderness designation in the Big
Cypress National Preserve, and I'm remiss because -- I've shared it
with the County Attorney -- or the County Manager.
I would like to get a letter of support from our board expressing
discontent with that wilderness designation. That wilderness
designation is prohibited for public access to the preserve, hunting,
fishing, recreating, and so on.
I've got a -- I've got a letter signed by the Board of County
Commissioners in Hendry County. I've got a -- I've got a letter
signed by both Senator Scott and Marco Rubio. I've got a letter
signed from the Department of Environmental Protection expressing
concerns with this wilderness designation. I've got -- I've got a letter
signed by -- oh, jiminy Christmas. There must be one, two, three,
four -- 15 different Congressmen in Washington, D.C., Congressmen
and Congresswomen, who have expressed the same concern.
And I'd like to give direction to our County Manager to draft a
similar letter from our board. There's a task force meeting coming
up this Thursday to -- to discuss this, and I'd like a letter of support
to -- to not have that wilderness designation be implemented.
As you all know, I have always fought for public lands being
maximized to be utilized for the general public, especially when
they're bought with taxpayer money and maintained with taxpayer
money. And I was remiss in not whipping it up quick enough to get
it on today's agenda for you to see it.
She has it, and I would like for our chair to be able to execute a
similar letter expressing concerns with that designation.
CHAIRMAN HALL: Where's the push coming from? Biden
Administration?
COMMISSIONER McDANIEL: I have -- I'm not quite sure
where the push is coming from. There was an environmental impact
statement that was done. There were -- there were -- there are
April 23, 2024
Page 233
organizations on this planet that don't want people in our national
parks.
CHAIRMAN HALL: I'm all about this.
COMMISSIONER McDANIEL: And so with your indulgence,
I would like to give that direction to our County Manager to draft a
letter and have our chairman sign the letter so -- and I just have to
apologize. I've got all the documentation. She has all the
documentation. You can -- I reviewed it at length, so...
CHAIRMAN HALL: Good. We're all in agreement for that.
COMMISSIONER McDANIEL: Okay. Thank you. That's
all I have.
CHAIRMAN HALL: Commissioner LoCastro.
COMMISSIONER LoCASTRO: Is this the first meeting that
Mike Bosi didn't come to the podium and earn his money at all? Did
he come up here?
CHAIRMAN HALL: He was up here.
COMMISSIONER McDANIEL: He was here.
COMMISSIONER LoCASTRO: Briefly, right? Right?
Okay, all right. So it counts. Okay, it counts. It was brief. It was
brief. Usually we like to grill you for a few hours, so I couldn't
remember.
I just want to throw out a couple of thank-yous to Ms. Patterson,
Mr. Rodriguez, and Mr. Finn. You know, it seems like yesterday,
but it seems like a million years ago we were interviewing candidates
for, you know, the county manager, and “Are we going to have two
deputies?” And we got all through that.
I just want to say, you know, publicly, you three just make such
an awesome team. You're always available, always at the ready,
incredible advice and professionalism. And, you know, we throw
out a lot of thank-yous to a lot of other people in here but, you know,
the county is really run by you-all. We're the overseers representing
April 23, 2024
Page 234
the citizens.
But I tell citizens all the time, you know, the departments report
to the County Manager, and then we all work together as a team.
But you really have a lot of heavy lifting, you know, to do, and we've
had a lot of really big issues.
And so I just wanted to, you know, acknowledge that. I'm so
glad you guys are in the seats and working so well together.
You know, I can send -- I can send an e-mail to the three of you,
and whoever responds first, it's always a really complete answer, or
it's a phone call because it's bigger than an e-mail. So just thank
you, you know, very much for that.
I also wanted to thank Dr. George. I had a major water main
break in District 1 over by Lely. You know, it collapsed a road and,
you know, very quickly not only was our County Manager team on it
and responded to me right away, but I assume you called Dr. George,
and he was part of the solution, but -- and his team.
And, you know, that was -- I heard back from some citizens who
were irate and then were very appreciative. And, you know, we
never had a crystal ball knowing where those go.
And then the last shout-out I want to give -- she's -- she maybe
is long gone, but Olema Edwards. You know, she had some family,
you know, issues that she had to deal with, has a daughter, and she
was running back and forth quite a bit and holding up her end of the
job here for quite a while, and a lot of us didn't know she was putting
a lot of miles on, you know, going back and forth, I think, to the
Carolinas somewhere. And so she had to make a difficult choice.
But the time she was in the seat, you know, she was working at
full capacity, and she sometimes would even admit, I think I have
more on my plate than I'm really ready or trained for, but it didn't
mean she dropped the ball, you know, on things. And we got
maximum effort out of her.
April 23, 2024
Page 235
And so even though she's not here to hear any of this, she's
somebody that I was also very impressed with that -- and I think we
all were. And so, you know, she's another person that will be tough
to replace. And I know she had mixed emotions leaving because she
really felt this was a great place to work and a great family, and she
also saw the potential and how the county staff was getting better,
and I know she wanted to continue to be a part of that.
So, Olema, wherever you are, thanks for, you know, everything
that you did for me in District 1, but all the commissioners. You
know, we certainly lost a high-speed employee. But we wish you
and your mom, you know, the best, and your family. And I know
she's taking care of more important things right now. But I just
wanted to say that.
CHAIRMAN HALL: Thanks.
One of the things that I want to bring about is last meeting when
we made the decision to not include the PUDs for density, staff acted
in their best interest and in good faith when we allowed McDowell to
use the 92 units per acre. And as a result of that, as an unintended
consequence -- they're in their application. They're about a million
dollars in with their own money. They got their teeth in the deal,
and they would have to start over to operate under, I think, the 16
units.
So I would just like to ask staff to bring us back the McDowell
project so that we could discuss that and bring it back.
Jamie, if you want to -- if you want to be more eloquent than
what I was. I might be almost right?
MR. FRENCH: Commissioner -- I think you nailed it, boss.
For the record, my name is Jamie French. I'm your department head
for Growth Management and Community Development.
Commissioners, when -- and Mr. Bosi and Mr. Giblin are here
as well and can speak on this. But when the Board gave direction to
April 23, 2024
Page 236
utilize the highest density allowed by code, we identified that the
maximum density using the affordable housing bonus program within
the activity centers would have been 25 units per acre. This would
still not be enough for the McDowell project. I believe they're nine
units short on this property.
Now, I do know that they had already entered into the state
application process utilizing what the Board agreed to in the surtax
dollars, and that was a consideration that the state gave with their
approval.
So with that said, if they were to shave off these nine units to be
within the 25 units per acre, they would be required to start over in
their application process. And, currently, what we've been told is
that they were one of the first ones in and one of the first ones
approved by the State of Florida under the new Live Local
legislation.
CHAIRMAN HALL: All right. So they got over their skis a
little bit, but we have a way to help them out. I don't think nine units
an acre is going to -- I mean, it's a great affordable housing project,
and I don't want it to be in jeopardy.
MR. FRENCH: So what we would do -- if you'd allow me,
what we would do is bring back an executive summary, and the
Board -- we would ask the Board to recognize that -- neither
perspective or prospective, that this application was in process before
the Board gave final guidance.
So in other words, the Board had agreed to go into a purchase
agreement using surtax dollars, and they had also entered into the
application process with the State of Florida for this consideration
before their approval. So much of this was already underway.
And we do know that they've already met with the state DOT.
And I had conversations with Pat McDowell. And, sir, you -- again,
you nailed it. He -- he identified that he is -- he's fully invested, and
April 23, 2024
Page 237
they're at full throttle.
CHAIRMAN HALL: All right. So just bring that back to us,
and we'll talk about it again.
Commissioner Saunders.
COMMISSIONER SAUNDERS: That's all I was going to ask.
CHAIRMAN HALL: Perfect. All right. With that, good
meeting. We're adjourned.
*****
****Commissioner McDaniel moved, seconded by Commissioner
LoCastro, and carried that the following items under the consent and
summary agendas be approved and/or adopted****
Item #16A1
A MEMORANDUM OF UNDERSTANDING WITH THE
FLORIDA WILDLIFE CORRIDOR FOUNDATION UNDER THE
CONSERVATION COLLIER LAND ACQUISITION PROGRAM
TO ALLOW FWCF TO CONTRIBUTE UP TO $1,500,000
TOWARDS THE ACQUISITION OF CONSERVATION COLLIER
A-LIST PARCELS WITHIN THE PANTHER WALK PRESERVE
MULTI-PARCEL PROJECT AREA. (DISTRICT 5)
Item #16A2
COUNTY MANAGER, OR THEIR DESIGNEE, TO SUBMIT AN
APPLICATION TO THE FLORIDA FISH AND WILDLIFE
CONSERVATION COMMISSION’S INVASIVE PLANT
MANAGEMENT SECTION TO BE ELIGIBLE TO RECEIVE
FUNDING ASSISTANCE SERVICES WORTH $250,000 IN FY
April 23, 2024
Page 238
2025 FOR THE REMOVAL OF INVASIVE EXOTIC
VEGETATION WITHIN CONSERVATION COLLIER’S PEPPER
RANCH, NORTH BELLE MEADE, AND RED MAPLE SWAMP
PRESERVES, AND TO AUTHORIZE STAFF TO ACCEPT SUCH
FUNDING ASSISTANCE SERVICES, IF AWARDED. (ALL
DISTRICTS)
Item #16A3
AT THE JANUARY 23, 2024, BOARD OF COUNTY
COMMISSIONERS MEETING, THE COUNTY MANAGER WAS
DIRECTED TO BRING BACK HEARING EXAMINER
DECISION 24-05 FOR AN APPEAL HEARING TO REVIEW THE
SPECIFICS OF THE PROPOSAL AND DECISION. HEARING
EXAMINER DECISION 2024-05 GRANTED VARIANCES FROM
LAND DEVELOPMENT CODE SECTION 5.05.09.G.2 RELATED
TO SEPARATION REQUIREMENTS FOR THE DEVELOPMENT
OF A 150-FOOT TELECOMMUNICATIONS TOWER IN THE
COMMERCIAL CONVENIENCE (C-2) ZONING DISTRICT.
THE SUBJECT PROPERTY IS LOCATED EAST OF BOTH
COLLIER BOULEVARD AND GOLDEN GATE CITY AT 2560
39TH ST SW, ALSO KNOWN AS THE NORTH 150 FEET OF
TRACT 144, GOLDEN GATE ESTATES UNIT 28, IN SECTION
26, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA. [PL20240001396]. THE APPLICANT HAS
WITHDRAWN THEIR REQUEST FOR THE VARIANCE. THIS
ITEM IS CONTINUED INDEFINITELY. (DISTRICT 3)
Item #16A4
RECORDING THE FINAL PLAT OF DEL WEBB NAPLES
April 23, 2024
Page 239
PARCEL 114 (APPLICATION NUMBER PL20220001486),
APPROVAL OF THE STANDARD FORM CONSTRUCTION
AND MAINTENANCE AGREEMENT, AND APPROVAL OF
THE PERFORMANCE SECURITY IN THE AMOUNT OF
$991,116.17. (DISTRICT 5) – A SUBDIVISION OF LANDS
LOCATED IN SECTION 18, TOWNSHIP 48 SOUTH, RANGE 29,
EAST, COLLIER COUNTY, FLORIDA
Item #16A5
RECORDING THE FINAL PLAT OF SKYSAIL PHASE 4
TOWNHOMES (APPLICATION NUMBER PL20230000456),
APPROVAL OF THE STANDARD FORM CONSTRUCTION
AND MAINTENANCE AGREEMENT, AND APPROVAL OF
THE PERFORMANCE SECURITY IN THE AMOUNT OF
$3,638,099.30. (DISTRICT 5) – A SUBDIVISION OF LANDS
LOCATED IN SECTION 16, TOWNSHIP 48 SOUTH, RANGE 28
EAST, COLLIER COUNTY, FLORIDA
Item #16A6
THE CLERK OF COURTS TO RELEASE A PERFORMANCE
BOND IN THE AMOUNT OF $191,480, WHICH WAS POSTED
AS A GUARANTY FOR EXCAVATION PERMIT NUMBER
PL20210000630 FOR WORK ASSOCIATED WITH AVALON
PARK PHASE 4. (DISTRICT 5)
Item #16A7
THE CLERK OF COURTS TO RELEASE A PERFORMANCE
BOND IN THE AMOUNT OF $27,424, WHICH WAS POSTED AS
April 23, 2024
Page 240
A GUARANTY FOR EXCAVATION PERMIT NUMBER
PL20210000964 FOR WORK ASSOCIATED WITH ENCOMPASS
HEALTH REHABILITATION HOSPITAL. (DISTRICT 3)
Item #16A8
THE CLERK OF COURTS TO RELEASE A PERFORMANCE
BOND IN THE AMOUNT OF $56,200, WHICH WAS POSTED AS
A GUARANTY FOR EXCAVATION PERMIT NUMBER
PL20210003279 FOR WORK ASSOCIATED WITH RANDALL
AT ORANGETREE. (DISTRICT 3)
Item #16A9
FINAL ACCEPTANCE OF THE POTABLE WATER AND
SEWER UTILITY FACILITIES AND ACCEPT THE
CONVEYANCE OF THE POTABLE WATER, A PORTION OF
THE SEWER UTILITY FACILITIES, AND THE APPURTENANT
UTILITY EASEMENT FOR RANDALL AT ORANGETREE,
PL20230015538. (DISTRICT 3) - STAFF CONDUCTED A FINAL
INSPECTION ON FEBRUARY 22, 2024, FACILITIES WERE
FOUND SATISFACTORY AND ACCEPTABLE
Item #16A10
FINAL ACCEPTANCE OF THE POTABLE WATER UTILITY
FACILITIES FOR BENTLEY VILLAGE - ADULT LIVING
FACILITY, PL20240001404. (DISTRICT 2) - FINAL INSPECTION
ON MARCH 14, 2024, AND THESE FACILITIES HAVE BEEN
FOUND TO BE SATISFACTORY AND ACCEPTABLE
April 23, 2024
Page 241
Item #16A11
FINAL ACCEPTANCE OF THE SEWER UTILITY FACILITIES
AND ACCEPT THE CONVEYANCE OF THE SEWER
FACILITIES FOR CLUB PELICAN BAY GOLF LEARNING,
PL20240001689. (DISTRICT 2) - STAFF CONDUCTED A FINAL
INSPECTION ON MARCH 14, 2024, AND THESE FACILITIES
HAVE BEEN FOUND TO BE SATISFACTORY AND
ACCEPTABLE
Item #16A12
RESOLUTION 2024-60: A RESOLUTION FOR FINAL
ACCEPTANCE OF THE PRIVATE ROADWAY AND
DRAINAGE IMPROVEMENTS, AND ACCEPTANCE OF THE
PLAT DEDICATIONS FOR THE FINAL PLAT OF ESPLANADE
GOLF AND COUNTRY CLUB OF NAPLES HATCHER PARCEL,
APPLICATION NUMBER PL20190001680, AND AUTHORIZE
THE RELEASE OF THE MAINTENANCE SECURITY IN THE
AMOUNT OF $146,087.74. (DISTRICT 3)
Item #16A13
FINAL ACCEPTANCE OF THE SEWER UTILITY FACILITIES
FOR WASTE MANAGEMENT FACILITY EXPANSION,
PL20240000471. (DISTRICT 4) – FINAL INSPECTION ON
FEBRUARY 23, 2024, FOUND THESE FACILITIES TO BE
SATISFACTORY AND ACCEPTABLE
Item #16A14
April 23, 2024
Page 242
FINAL ACCEPTANCE OF THE POTABLE WATER AND
SEWER UTILITY FACILITIES AND ACCEPT THE
CONVEYANCE OF THE POTABLE WATER, AS WELL AS A
PORTION OF THE SEWER UTILITY FACILITIES FOR
WINCHESTER, PL20230015800. (DISTRICT 3)
Item #16A15
AWARD INVITATION TO BID (“ITB”) NO. 23-8185,
“NUISANCE ABATEMENT MOWING AND DEBRIS
REMOVAL” TO COLLIER PROPERTY SPECIALIST, LLC, AS
PRIMARY VENDOR AND EARTH SHAPES LLC, AS
SECONDARY VENDOR AND AUTHORIZE THE CHAIRMAN
TO SIGN THE ATTACHED CONSTRUCTION SERVICES
AGREEMENTS. (ALL DISTRICTS)
Item #16A16
RELEASE OF A CODE ENFORCEMENT LIEN WITH AN
ACCRUED VALUE OF $331,500 FOR PAYMENT OF $14,439.90
IN THE CODE ENFORCEMENT ACTION TITLED BOARD OF
COUNTY COMMISSIONERS VS. JOANNE CHRISTINE POWER
EST., AND IRIS M. PAUL, IN SPECIAL MAGISTRATE CASE
NOS., CESD20130007839 AND CENA20150015570 RELATING
TO PROPERTY LOCATED AT 3612 CROTON RD., COLLIER
COUNTY, FLORIDA. (DISTRICT 4)
Item #16B1
FIRST AMENDMENT TO AGREEMENT NO. 20-7768,
“COLLIER COUNTY COMPREHENSIVE WATERSHED
April 23, 2024
Page 243
IMPROVEMENT PROJECT (CWIP) MONITORING PROGRAM”
WITH EARTH TECH ENVIRONMENTAL LLC AND
AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED
AMENDMENT. (PROJECT 33673) (ALL DISTRICTS)
Item #16B2
CHANGE ORDER NO. 2 UNDER AGREEMENT NO. 20-7713R,
“ENGINEERING DESIGN SERVICES FOR LAKE TRAFFORD
STORMWATER IMPROVEMENTS AND WATER TREATMENT
FACILITY,” WITH GHD SERVICES, INC., AND AUTHORIZE
THE CHAIRMAN TO SIGN THE ATTACHED CHANGE ORDER
TO ADD $95,645.00 TO PHASE 1 OF THE AGREEMENT.
(PROJECT NUMBER 60143) (ALL DISTRICTS)
Item #16B3
AGREEMENT NO. 23-8068, “CEI SERVICES FOR STAN GOBER
MEMORIAL BRIDGE REPAIR/REHABILITATION PROJECT”
WITH HARDESTY & HANOVER CONSTRUCTION SERVICES,
LLC, IN THE AMOUNT OF $600,674.39, AND AUTHORIZE THE
CHAIRMAN TO SIGN THE ATTACHED AGREEMENT.
(PROJECT NO. 66066) (DISTRICT 1)
Item #16B4
APPROVE THE SELECTION COMMITTEE’S RANKING AND
AUTHORIZE THE COUNTY MANAGER, OR THEIR
DESIGNEE, TO BEGIN CONTRACT NEGOTIATIONS WITH
JOHNSON ENGINEERING, INC., RELATED TO REQUEST FOR
PROFESSIONAL SERVICES NO. 24-8207 FOR “CEI AND PEER
April 23, 2024
Page 244
REVIEW SERVICES FOR 47TH AVE. NE PROJECT,” SO THE
COUNTY MANAGER CAN BRING A PROPOSED AGREEMENT
BACK FOR THE BOARD’S CONSIDERATION AT A FUTURE
MEETING. (PROJECT NO. 60212) (DISTRICT 5)
Item #16B5
AGREEMENT NO. 23-8085, “DESIGN SERVICES FOR 47TH
AVENUE NE - IMMOKALEE ROAD TO EVERGLADES
BOULEVARD” WITH KIMLEY-HORN AND ASSOCIATES,
INC., IN THE AMOUNT OF $1,513,881.00, AND AUTHORIZE
THE CHAIRMAN TO SIGN THE ATTACHED AGREEMENT,
AND APPROVE ALL NECESSARY BUDGET AMENDMENTS.
(PROJECT 60212) (DISTRICT 5)
Item #16B6
RESOLUTION 2024-61: A LOCALLY FUNDED AGREEMENT
(LFA) WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT) TO PROVIDE A LUMP SUM
DEPOSIT OF $43,302.40 TO SUPPORT THE DESIGN OF
SIDEWALKS WEST OF GOODLETTE FRANK RD. AT
VARIOUS LOCATIONS - AND AUTHORIZE THE NECESSARY
BUDGET AMENDMENT, FPN 448126-1-32-01. (PROJECT 60271,
FUND 3081) (DISTRICT 4)
Item #16B7
RESOLUTION 2024-62: A LOCALLY FUNDED AGREEMENT
(LFA) WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT) TO PROVIDE A LUMP SUM
April 23, 2024
Page 245
DEPOSIT OF $62,632.66 TO SUPPORT THE DESIGN OF
SIDEWALKS NEAR SHADOWLAWN ELEMENTARY SCHOOL
ON LINWOOD AVE., FROM LINWOOD WAY TO AIRPORT
PULLING RD - AND AUTHORIZE THE NECESSARY BUDGET
AMENDMENT, FPN 446550-1-32-01. (PROJECT 60270, FUND
3081) (DISTRICT 4)
Item #16B8
RESOLUTION 2024-63: A LOCALLY FUNDED AGREEMENT
(LFA) WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT) TO PROVIDE A LUMP SUM
DEPOSIT OF $52,740.60 TO SUPPORT THE DESIGN OF
SIDEWALKS ALONG PINE STREET FROM BECCA AVE TO
US 41 – AND AUTHORIZE THE NECESSARY BUDGET
AMENDMENT, FPN 448128-1-32-01. (PROJECT 60269, FUND
3081) (DISTRICT 4)
Item #16B9
TWO AGREEMENTS FOR THE PURCHASE OF A POND SITE
(PARCELS 241POND AND 242POND) REQUIRED FOR THE
WILSON BOULEVARD (GOLDEN GATE BOULEVARD TO
IMMOKALEE ROAD) PROJECT. (PROJECT 60229)
ESTIMATED FISCAL IMPACT: $555,500. (DISTRICT 3,
DISTRICT 5)
Item #16B10
RESOLUTION 2024-64: A RESOLUTION AUTHORIZING THE
CHAIRMAN TO EXECUTE A PUBLIC TRANSPORTATION
April 23, 2024
Page 246
GRANT AGREEMENT (PTGA) WITH THE FLORIDA
DEPARTMENT OF TRANSPORTATION (FDOT) FPN# 452749-1-
84-02 IN THE AMOUNT OF $491,530 PROVIDING FOR STATE
FUNDING FOR ELIGIBLE COLLIER COUNTY FIXED-ROUTE
TRANSIT ADMINISTRATIVE, MANAGEMENT, AND
OPERATIONAL EXPENSES ON THE US 41 CORRIDOR, AND
APPROVE THE NECESSARY BUDGET AMENDMENT. (CAT
GRANT FUND 4031) (ALL DISTRICTS)
Item #16B11
AWARD OF INVITATION TO BID (“ITB”) NO. 23-8157,
“GREEN BLVD BICYCLE LANES (LAP),” TO QUALITY
ENTERPRISES USA, INC., IN THE AMOUNT OF $1,955,306.89,
APPROVE OWNER’S ALLOWANCE OF $109,947.23, AND
AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED
CONSTRUCTION SERVICES AGREEMENT, AND AUTHORIZE
THE NECESSARY BUDGET AMENDMENTS. (PROJECT NO.
33849) (DISTRICT 3)
Item #16B12
WAIVE THE $1M DOLLAR CAP THRESHOLD OF
AGREEMENT NO. 20-7800 AND AWARD A $1,487,221 WORK
ORDER TO QUALITY ENTERPRISES USA, INC., TO
COMPLETE UTILITY RELOCATIONS RELATED TO THE
‘TIGER GRANT IMMOKALEE AREA IMPROVEMENTS;
APPROVE AN AGREEMENT WITH THE IMMOKALEE WATER
SEWER DISTRICT FOR REIMBURSEMENT OF THE FUNDS;
AND APPROVE ANY REQUIRED BUDGET AMENDMENTS.
(PROJECT NUMBER 33563) (DISTRICT 5)
April 23, 2024
Page 247
Item #16C1
BOARD OF COUNTY COMMISSIONERS, AS EX-OFFICIO
GOVERNING BOARD OF THE COLLIER COUNTY WATER-
SEWER DISTRICT, APPROVE AND ACCEPT UTILITY AND
ACCESS EASEMENTS AND A CONSTRUCTION BOND IN THE
AMOUNT OF $270,058.25 FOR THE ONE NAPLES (RITZ
CARLTON RESIDENCES) PROJECT. (APPLICATION NUMBER
PL20210002432) (DISTRICT 2)
Item #16C2
CHANGE ORDER NO. 1, PROVIDING FOR A TIME
EXTENSION OF 46 DAYS UNDER CONSTRUCTION
AGREEMENT NO. 22-7982, WITH DOUGLAS N. HIGGINS,
INC., FOR THE “105TH AND 106TH AVENUES PUBLIC
UTILITIES RENEWAL” PROJECT, AND AUTHORIZE THE
CHAIRMAN TO SIGN THE ATTACHED CHANGE ORDER.
(PROJECT NO. 70120) (DISTRICT 2)
Item #16D1
ONE STATE HOUSING INITIATIVE PARTNERSHIP SPONSOR
AGREEMENT BETWEEN COLLIER COUNTY AND
IMMOKALEE FAIR HOUSING ALLIANCE, INC., IN THE
AMOUNT OF $1,000,000 FOR THE CONSTRUCTION OF
RENTAL HOUSING UNITS IN IMMOKALEE AND TERMINATE
AGREEMENT #SHRD-22-003 FOR CONVENIENCE. (SHIP
GRANT FUND 1053) (ALL DISTRICTS)
April 23, 2024
Page 248
Item #16D2
(1) AN AMENDED AGREEMENT WITH HABITAT FOR
HUMANITY OF COLLIER COUNTY, INC., TO INCREASE
GRANT AWARD FUNDING FOR THE STATE HOUSING
INITIATIVES PARTNERSHIP THE NEW CONSTRUCTION
ASSISTANCE PROGRAM FROM $2,000,000 TO $3,500,000,
AND (2) A RELEASE OF THE SPONSOR’S PROMISSORY
NOTE AND MORTGAGE FOLLOWING CONSTRUCTION AND
SALE TO AN ELIGIBLE HOMEBUYER. (ALL DISTRICTS)
Item #16D3
APPROVED SEVEN (7) MORTGAGE SATISFACTIONS FOR
THE COMMUNITY DEVELOPMENT BLOCK GRANT DOWN
PAYMENT ASSISTANCE IN THE COMBINED AMOUNT OF
$140,000 THAT HAVE MET THEIR AFFORDABILITY PERIOD
AND REQUIRE A SATISFACTION OF MORTGAGE. (ALL
DISTRICTS)
Item #16D4 – Moved to Item #11E (Per Agenda Change Sheet)
TERMINATE FOR CONVENIENCE AGREEMENT NO. 17-7152,
“PARKS AND RECREATION PICKLEBALL
CONCESSIONAIRE,” WITH PICKLEBALL ENTERPRISES, LLC,
D/B/A NAPLES PICKLEBALL CENTER. (DISTRICT 4) –
SERVICE PROVIDER AT THE EAST NAPLES COMMUNTY
PARK
Item #16D5
April 23, 2024
Page 249
AFTER-THE-FACT SECOND AMENDMENT WITH THE AREA
AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC.,
AMERICAN RESCUE PLAN ACT FUNDING UNDER THE
OLDER AMERICANS ACT GRANT PROGRAM FOR THE
COLLIER COUNTY SERVICES FOR SENIORS PROGRAM
THAT WILL PROVIDE AN ADDITIONAL $54,000, BRINGING
THE TOTAL AWARD TO $1,196,888 AND AUTHORIZE THE
NECESSARY BUDGET AMENDMENT. (ALL DISTRICTS)
Item #16D6
TWO GRANT SUBRECIPIENT AMENDMENTS, (1) A FIRST
AMENDMENT WITH THE DAVID LAWRENCE MENTAL
HEALTH CENTER, INC., TO REDUCE THE AWARD BY
$101,728.60 AND MATCH BY $100,000, AND (2) A FIRST
AMENDMENT WITH THE COLLIER COUNTY SHERIFF’S
OFFICE TO INCREASE THE AWARD BY $103,728.60 AND
MATCH BY $100,562.96, BOTH TO FURTHER SUPPORT THE
COUNTY’S CRIMINAL JUSTICE, MENTAL HEALTH, AND
SUBSTANCE ABUSE REINVESTMENT GRANT PROGRAM
(LH823). (ALL DISTRICTS)
Item #16D7
ACCEPT AND RATIFY FEE WAIVERS GRANTED BY THE
DIVISION DIRECTOR OF DOMESTIC ANIMAL SERVICES
FOR THE PERIOD OF JANUARY 1, 2024, THROUGH APRIL 2,
2024, IN THE AMOUNT OF $448 IN ACCORDANCE WITH THE
PROCEDURES SET FORTH IN RESOLUTION NO. 2018-106.
(ALL DISTRICTS)
April 23, 2024
Page 250
Item #16F1
AUTHORIZED EXPENDITURES UNDER A SINGLE-SOURCE
WAIVER FOR AN AMOUNT NOT TO EXCEED $90,000 PER
FISCAL YEAR, TO OBTAIN ORIGINAL EQUIPMENT
MANUFACTURER (“OEM”) PARTS AND NON-OEM PARTS
AND SERVICES FROM PAT’S PUMP & BLOWER, LLC,
(“PAT’S PUMP”) NECESSARY TO MAINTAIN COUNTY-
OWNED EQUIPMENT, FOR A PERIOD OF FIVE YEARS,
BEGINNING IN FY24 THROUGH THE END OF FY28. (ALL
DISTRICTS)
Item #16F2
PURCHASE AGREEMENT AND A BUSINESS ASSOCIATE
AGREEMENT BETWEEN CENTRAL FLORIDA BEHAVIORAL
HEALTH NETWORK, INC., AND COLLIER COUNTY BOARD
OF COUNTY COMMISSIONERS IN THE AMOUNT OF
$163,170, TO PARTICIPATE IN THE COORDINATED OPIOID
RECOVERY (CORE) NETWORK OF ADDICTION CARE
PROGRAM IN WHICH FUNDING WILL BE USED TOWARD
PREVENTING AND TREATING SUBSTANCE ABUSE IN
COLLIER COUNTY, AUTHORIZE NECESSARY BUDGET
AMENDMENTS, AND AUTHORIZE THE COUNTY MANAGER,
OR THEIR DESIGNEE, TO EXECUTE ANY REQUIRED
DOCUMENTATION. (ALL DISTRICTS)
Item #16F3
RESOLUTION 2024-65: A RESOLUTION APPROVING
AMENDMENTS (APPROPRIATING GRANTS, DONATIONS,
April 23, 2024
Page 251
CONTRIBUTIONS, OR INSURANCE PROCEEDS) TO THE
FISCAL YEAR 2023-24 ADOPTED BUDGET. (THE BUDGET
AMENDMENTS IN THE ATTACHED RESOLUTION HAVE
BEEN REVIEWED AND APPROVED BY THE BOARD OF
COUNTY COMMISSIONERS VIA SEPARATE EXECUTIVE
SUMMARIES.) (ALL DISTRICTS)
Item #16G1
THE COLLIER COUNTY AIRPORT AUTHORITY LEASING
POLICY UPDATE. (ALL DISTRICTS) - TO ENSURE OPTIMAL
USE OF AIRPORT PROPERTIES, ENHANCE FINANCIAL
SUSTAINABILITY OF AIRPORT OPERATIONS, AND
FACILITATE THE DEVELOPMENT OF AIRPORT
INFRASTRUCTURE AND SERVICES
Item #16H1
PROCLAMATION DESIGNATING APRIL 2024 AS SEXUAL
ASSAULT AWARENESS MONTH IN COLLIER COUNTY. TO
BE DELIVERED TO EILEEN WESLEY, CHIEF EXECUTIVE
OFFICER, PROJECT HELP
Item #16H2
PROCLAMATION DESIGNATING MAY 2024 AS TRAUMA
AWARENESS MONTH IN COLLIER COUNTY. TO BE
DELIVERED TO KATIE LARSEN, PROJECT MANAGER
GOVERNMENT RELATIONS, LEE HEALTH
Item #16I1
April 23, 2024
Page 252
MISCELLANEOUS CORRESPONDENCE APRIL 23, 2024
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
April 23, 2024
1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS
DIRECTED:
A. DISTRICTS:
1) Heritage Bay Community Development District:
12/07/2023 Agency Memo, Signed Minutes & Agency Mailing
2) Naples Heritage Community Development District:
03/05/2024 Agency Memo, Signed Minutes & Agency Mailing
3) Greater Naples Fire Rescue District:
04/05/2024 Intergovernmental Cooperative Agreement
4) Immokalee Fire Control District:
09/30/2023 FY 22/23 Annual Audit Report
5) Quarry Community Development District:
03/11/2024 Agency Memo, Signed Minutes & Agency Mailing
B. OTHER:
1) Housing Finance Authority:
03/27/2024 Oath of Office – Richard Annis
April 23, 2024
Page 253
Item #16J1
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 $45,715,439.86 WERE DRAWN FOR THE
PERIODS BETWEEN MARCH 28, 2024 AND APRIL 10, 2024
PURSUANT TO FLORIDA STATUTE 136.06. (ALL DISTRICTS)
Item #16J2
VALID PUBLIC PURPOSE FOR INVOICES PAYABLE AND
PURCHASING CARD TRANSACTIONS AS OF APRIL 17, 2024.
(ALL DISTRICTS)
Item #16K1
RESOLUTION 2024-66: APPOINTING TWO MEMBERS TO THE
BLACK AFFAIRS ADVISORY BOARD. (ALL DISTRICTS) –
FOR FOUR-YEAR TERMS EXPIRING ON JUNE 25, 2028
Item #16K2
RESOLUTION 2024-67: APPOINTING THREE MEMBERS TO
THE GOLDEN GATE CITY ECONOMIC DEVELOPMENT ZONE
ADVISORY BOARD. (ALL DISTRICTS) – TEMS EXPIRING ON
JANUARY 28, 2026
Item #16K3
April 23, 2024
Page 254
RESOLUTION 2024-68: APPOINTING TWO MEMBERS TO
THE GOLDEN GATE ESTATES LAND TRUST COMMITTEE.
(DISTRICT 3, DISTRICT 5) – TERMS EXPIRING ON OCTOBER
13, 2027
Item #16K4
RESOLUTION 2024-69: APPOINTING CHRISTOPHER
SATTER AS A MEMBER OF THE LAND ACQUISITION
ADVISORY COMMITTEE. (ALL DISTRICTS) – TERM
EXPIRING ON FEBRUARY 11, 2027
Item #16K5
RESOLUTION 2024-70: APPOINTING TWO MEMBERS TO
THE TOURIST DEVELOPMENT COUNCIL. (ALL DISTRICTS
Item #16K6
THE CHAIRMAN TO EXECUTE A SETTLEMENT
AGREEMENT IN THE LAWSUIT STYLED CAROLINA
GALLEGO V. COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS, CASE NO. 23-CA-894, NOW PENDING IN
THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL
CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA, FOR
THE SUM OF $75,000. (ALL DISTRICTS)
Item #16K7
THE CHAIRMAN TO EXECUTE A SETTLEMENT
AGREEMENT IN THE LAWSUIT STYLED LISA BRINK V.
April 23, 2024
Page 255
COLLIER COUNTY, CASE NO. 23-CA-1608, NOW PENDING IN
THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL
CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA, FOR
THE SUM OF $15,000.00. (ALL DISTRICTS)
Item #16K8
A MEDIATED PARTIAL SETTLEMENT AGREEMENT WITH
QUALITY ENTERPRISES USA, INC., CONCERNING DESIGN-
BUILD AGREEMENT NO. 20-7708, PERTAINING TO THE
CONSTRUCTION OF THE VETERAN’S MEMORIAL
BOULEVARD EXTENSION PHASE I PROJECT, AND TO
AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED
MEDIATED SETTLEMENT AGREEMENT. (ALL DISTRICTS)
Item #16K9
THE CHAIRMAN TO EXECUTE THE FIRST AMENDMENT
TOAGREEMENT FOR LEGAL SERVICES RELATING TO THE
COUNTY’S RETENTION AGREEMENT WITH FORD &
HARRISON, LLP, EXTENDING THE TERM FOR TWO YEARS
WITH THREE ONE-YEAR RENEWALS AND INCREASING
THE LAW FIRM’S HOURLY RATES. (ALL DISTRICTS)
Item #17A
ORDINANCE 2024-20: AN ORDINANCE OF THE BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA
AMENDING ORDINANCE NO. 89-05, AS AMENDED, THE
COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA,
April 23, 2024
Page 256
SPECIFICALLY AMENDING THE FUTURE LAND USE
ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES
BY CHANGING THE DESIGNATION OF 2.4 ACRES OF LAND
FROM URBAN RESIDENTIAL SUBDISTRICT, MIXED USE
DISTRICT TO URBAN-COMMERCIAL DISTRICT,
LIVINGSTON ROAD/VETERANS MEMORIAL BOULEVARD
COMMERCIAL INFILL DISTRICT, AND AMENDING THE
LIVINGSTON ROAD/VETERANS MEMORIAL BOULEVARD
COMMERCIAL INFILL SUBDISTRICT TO INCREASE THE
GROSS FLOOR AREA OF COMMERCIAL AND INDOOR, AIR-
CONDITIONED, MINI- AND SELF-STORAGE WAREHOUSE
(SIC CODE 4225) USES TO 100,000 SQUARE FEET, OF WHICH
COMMERCIAL GROSS FLOOR AREA IS LIMITED TO 50,000
SQUARE FEET; TO ADD SELECT CONVENIENCE RETAIL
AND SERVICE USES INCLUDING GAS STATIONS AND CAR
WASHES; DIRECTING TRANSMITTAL OF THE ADOPTED
AMENDMENT TO THE FLORIDA DEPARTMENT OF
COMMERCE; PROVIDING FOR SEVERABILITY AND
PROVIDING FOR AN EFFECTIVE DATE. THE SUBJECT
PROPERTY IS LOCATED AT THE SOUTHEAST
INTERSECTION OF LIVINGSTON ROAD AND VETERANS
MEMORIAL BOULEVARD IN SECTION 13, TOWNSHIP 48
SOUTH, RANGE 25 EAST, CONSISTING OF 4.68± ACRES;
[PL20220003225]. (COMPANION ITEM PUDZ PL20220003226,
ITEM #28371) (DISTRICT 2)
Item #17B
ORDINANCE 2024-21: AN ORDINANCE REZONING THE
PROPERTY TO THE LIVINGSTON VETERANS COMMERCIAL
PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT
April 23, 2024
Page 257
TO ALLOW UP TO 100,000 SQUARE FEET OF COMMERCIAL
GROSS FLOOR AREA, INCLUDING GAS STATIONS AND CAR
WASHES, AND INDOOR AIR-CONDITIONED MINI-AND
SELF-STORAGE WAREHOUSE (SIC CODE 4225) GROSS
FLOOR AREA, OF WHICH COMMERCIAL GROSS FLOOR
AREA IS LIMITED TO 50,000 SQUARE FEET. THE PROPERTY
IS LOCATED AT THE SOUTHEAST INTERSECTION OF
LIVINGSTON ROAD AND VETERANS MEMORIAL
BOULEVARD IN SECTION 13, TOWNSHIP 48 SOUTH, RANGE
25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF
4.68± ACRES. (THIS IS A COMPANION TO ITEM 28328, GMPA-
PL20220003225, LIVINGSTON ROAD/VETERANS MEMORIAL
COMMERCIAL INFILL SUBDISTRICT GROWTH
MANAGEMENT PLAN AMENDMENT. ITEM #28328)
[PL20220003226] (DISTRICT 2)
Item #17C
RESOLUTION 2024-71: A RESOLUTION APPROVING
AMENDMENTS (APPROPRIATING CARRY FORWARD,
TRANSFERS, AND SUPPLEMENTAL REVENUE)
TO THE FY23-24 ADOPTED BUDGET. (THE BUDGET
AMENDMENTS IN THE ATTACHED RESOLUTION HAVE
BEEN REVIEWED AND APPROVED BY THE BOARD OF
COUNTY COMMISSIONERS VIA SEPARATE EXECUTIVE
SUMMARIES.) (ALL DISTRICTS)
April 23, 2024
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 5:57 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS CONTROL
CHRIS H L, CHAIRM N
ATTEST. ` q
CRYSTAL K. KIIEL, CLERK
Attest as to Chairman s
s signature only Ikkk,kv �,c�These minutes approved by the Board on ( t- igticifas
presented ✓ or as corrected
TRANSCRIPT PREPARED ON BEHALF OF FORT MYERS
COURT REPORTING BY TERRI L. LEWIS, REGISTERED
PROFESSIONAL COURT REPORTER, FPR-C, AND NOTARY
PUBLIC.
Page 258