BCC Minutes 09/10/2024September 10, 2024
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TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, September 10, 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
Jeffrey A. Klatzkow, County Attorney
Derek Johnssen, Clerk's Office
Troy Miller, Communications & Customer Relations
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September 10, 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
September 10, 2024
9:00 AM
Commissioner Chris Hall, District 2; – Chair
Commissioner Burt Saunders, District 3; – Vice Chair
Commissioner Rick LoCastro, District 1
Commissioner Dan Kowal, District 4; – CRAB Co-Chair
Commissioner William L. McDaniel, Jr., District 5; – CRAB Co-Chair
NOTICE: ALL PERSONS WISHING TO SPEAK ON AGENDA ITEMS MUST
REGISTER PRIOR TO PRESENTATION OF THE AGENDA ITEM TO BE
ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE
MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIR. ADDITIONAL
MINUTES MAY BE CEDED TO AN IN-PERSON SPEAKER BY OTHER
REGISTERED SPEAKERS WHO MUST BE PRESENT AT THE TIME THE
SPEAKER IS HEARD. NO PUBLIC SPEAKERS WILL BE HEARD FOR
PROCLAMATIONS, PRESENTATIONS AND PUBLIC PETITIONS.
SPEAKERS ON PRESENTATIONS ARE LIMITED TO 10 MINUTES, UNLESS
EXTENDED BY THE CHAIR. ALL PERSONS WISHING TO SPEAK ON A
CONSENT ITEM MUST REGISTER PRIOR TO THE BOARD’S APPROVAL
OF THE DAY’S CONSENT AGENDA, WHICH IS HEARD AT THE
BEGINNING OF THE MEETING FOLLOWING THE PLEDGE OF
ALLEGIANCE.
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September 10, 2024
ANYONE WISHING TO ADDRESS THE BOARD ON PUBLIC PETITION
MUST SUBMIT THE REQUEST IN WRITING TO THE COUNTY MANAGER
AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING. THE
REQUEST SHALL PROVIDE DETAILED INFORMATION AS TO THE
NATURE OF THE PETITION. THE PUBLIC PETITION MAY NOT INVOLVE
A MATTER ON A FUTURE BOARD AGENDA, AND MUST CONCERN A
MATTER IN WHICH THE BOARD CAN TAKE ACTION. PUBLIC
PETITIONS ARE LIMITED TO A SINGLE PRESENTER, WITH A MAXIMUM
TIME OF TEN MINUTES, UNLESS EXTENDED BY THE CHAIR. SHOULD
THE PETITION BE GRANTED, THE ITEM WILL BE PLACED ON A FUTURE
AGENDA FOR A PUBLIC HEARING.
ANYONE WISHING TO ADDRESS THE BOARD ON GENERAL TOPICS NOT
ON THIS AGENDA OR A FUTURE AGENDA MUST REGISTER TO SPEAK
PRIOR TO THE PUBLIC COMMENT PORTION OF THE AGENDA BEING
CALLED BY THE CHAIR. SPEAKERS WILL BE LIMITED TO THREE
MINUTES, AND NO ADDITIONAL MINUTES MAY BE CEDED TO THE
SPEAKER. AT THE CHAIR’S DISCRETION, THE NUMBER OF PUBLIC
SPEAKERS MAY BE LIMITED TO 5 FOR THAT MEETING.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD
WILL NEED A RECORD OF THE PROCEEDING PERTAINING THERETO,
AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
COLLIER COUNTY ORDINANCE NO. 2003-53 AS AMENDED BY
ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS
SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING
BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY
COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE
BOARD MINUTES AND RECORDS DEPARTMENT.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,
YOU ARE ENTITLED, AT NO COST TO YOU, THE PROVISION OF CERTAIN
ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES
MANAGEMENT DIVISION LOCATED AT 3335 EAST TAMIAMI TRAIL,
SUITE 1, NAPLES, FLORIDA, 34112-5356, (239) 252-8380; ASSISTED
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September 10, 2024
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 Tracy Boyd - Grow Church
2. AGENDA AND MINUTES
A. Approval of today's regular, consent and summary agenda as amended (Ex
parte disclosure provided by Commission members for consent agenda.)
3. AWARDS AND RECOGNITIONS
A. EMPLOYEE
B. ADVISORY BOARD MEMBERS
C. RETIREES
D. EMPLOYEE OF THE MONTH
4. PROCLAMATIONS
A. Proclamation designating September 22, 2024, as Falls Prevention
Awareness Day in Collier County. To be accepted by Dr. Maria Alfaro,
Trauma Medical Director.
B. Proclamation designating September 2024 as Hunger Action Month in
Collier County. To be accepted by Richard LeBer, President & CEO.
C. Proclamation designating September 13, 2024, as YMCA Safety Around
Water Day in Collier County. To be accepted by Lucinda Love-Abounader,
President and CEO of the YMCA of Collier County.
5. PRESENTATIONS
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A. Artist of the Month
B. Presentation of the Collier County Business of the Quarter for September
2024 to Lighthouse of Collier County. The award will be accepted by
representatives of the rehabilitation center. Also attending are Kristina Park,
CEO & President, and Bethany Sawyer, Vice President of Membership and
Investors, both of the Greater Naples Chamber of Commerce.
6. PUBLIC PETITIONS
7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT
OR FUTURE AGENDA
8. BOARD OF ZONING APPEALS
9. ADVERTISED PUBLIC HEARINGS
10. BOARD OF COUNTY COMMISSIONERS
A. This Item to be heard at 10 AM. Recommendation to adopt the attached
Resolution in opposition to Amendment 3 titled as Adult Personal Use of
Marijuana, which if enacted would amend the Florida Constitution to
legalize recreational marijuana in Florida. (All Districts)
11. COUNTY MANAGER'S REPORT
A. Recommendation to approve award of Request for Professional Services No.
23-8071, “Design Services for Bridges within the Golden Gate Estates” with
AtkinRealis USA, Inc., in the amount of $5,389,565.01, and authorize the
Chairman to sign the attached Professional Services Agreement (Project
60212). (Jay Ahmad, TECM Director) (District 5)
B. Recommendation to direct the County Attorney, working with staff, to take
legal action, as necessary, including filing a lawsuit or code enforcement
case with respect to the painting on the Ascent Naples building to ensure
compliance with County codes, located at 1950 Mayfair Street, near the
intersection of Davis Boulevard and Tamiami Trail East, within the
Bayshore/Gateway Triangle CRA. (Amy Patterson, County Manager and
Jeffrey A. Klatzkow, County Attorney) (District 4)
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12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
A. AIRPORT
B. COMMUNITY REDEVELOPMENT AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. Public Comments on general topics not on the current or future agenda by
individuals not already heard during previous public comments in this
meeting
B. Staff Project Updates
C. Staff and Commission General Communications
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16. CONSENT AGENDA - All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of
each item. If discussion is desired by a member of the board, that item(s) will
be removed from the consent agenda and considered separately.
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A. GROWTH MANAGEMENT DEPARTMENT
1) Recommendation to approve final acceptance of the potable water and
sewer utility facilities and accept the conveyance of a portion of the
potable water and sewer facilities and appurtenant utility easement for
Bonita Bay East Golf Club, PL20240001277. (District 3)
2) Recommendation to approve final acceptance of the sewer utility
facilities for Hammock Park – Phase 3, PL20240005317. (District 1)
3) This Item requires that Ex-parte disclosure be provided by
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Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the minor final plat of Caymas Replat Lots 131-
181, Application Number PL20240007976. (District 1)
4) Recommendation to adopt a Resolution scheduling a public hearing to
consider vacating the 10-foot-wide public road right-of-way easement
over the westerly 10 feet of Tract A-1, as described in Official Record
Book 1476, Page 242, of the Public Records of Collier County,
Florida, located approximately 2,000 feet south of Immokalee Road
(CR-846) and 1,000 feet west of Richards Street in Section 25,
Township 48 South, Range 26 East, Collier County, Florida.
(PL20230007642) (District 3)
5) Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of $42,880, which was posted as a
guaranty for companion Excavation Permit PL20200002297, for work
associated with the Majestic Place PPL, PL20190001615. (District 1)
6) Recommendation to direct staff to advertise an Ordinance amending
Article IV, Section 22 -110, “Excavation Review Procedures,” of the
Code of Laws and Ordinances of Collier County and bring back the
ordinance at an advertised public hearing. (All Districts)
7) Recommendation to direct staff to advertise an Ordinance amending
Ordinance 2023-64, which adopted the Florida Building Code, Eighth
Edition (2023), by adding certain amendments and bring back the
Ordinance at an advertised public hearing. (All Districts)
8) Recommendation to approve an Agreement for Sale and Purchase
under the Conservation Collier Land Acquisition Program with 1)
Cinda Lu Cassity for a 1.59-acre parcel at a cost of $46,110; 2)
Hollister A. Dinwiddie, as a Trustee of the Amended and Restated
James F. Dinwiddie Revocable Trust (“Dinwiddie Trust”) for a 1.14-
acre parcel at a cost of $33,060; 3) James Catania and Stephanie
Avidano for a 1.14-acre parcel at a cost of $30,320; and 4) with
Gerald W. Erickson for a 1.14-acre parcel at a cost of $24,910, for a
total cost not to exceed $140,600 inclusive of closing costs. (District
5)
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9) Recommendation for the Board of County Commissioners to review
and approve the proposed Temporary Use (Special Event) Permit for
the Legends Concert Series proposed for the Paradise Coast Sports
Complex from November 1, 2024, through May 2, 2025, located at
3920 City Gate Blvd S. Naples, FL 34117, in Section 35, Township
49 South, Range 26 East, Collier County, Florida. [PL20240009788]
(District 1, District 3, District 5)
10) Recommendation to approve the release of two code enforcement
liens with an accrued value of $65,100, for a reduced payment of
$8,725, in the code enforcement action titled Board of County
Commissioners vs. Jeffrey M. Stone and Kelsey Edwards, relating to
property located at 46 Moon Bay St., Collier County, Florida. (District
1)
B. TRANSPORTATION MANAGEMENT DEPARTMENT
1) Recommendation to direct the County Attorney to advertise and bring
back for a public hearing an amendment to Ordinance 2023-71 to
remove roadways that are now in a passable condition, add roadways
that have since been deemed impassable by the independent fire
districts and remove the 1.0000 mil cap of the ad valorem millage
rate. (District 1, District 3, District 5)
2) This Item continued from the August 27, 2024, BCC Meeting.
Recommendation to approve an Agreement for the purchase of an
unimproved tract of land (Parcel 154FEE) required for the Lake Kelly
Weir Stormwater Project (Project No. 50310). Estimated Fiscal
Impact: $222,000. (District 4)
3) Recommendation to approve an after-the-fact payment in the amount
of $15,066.59 to Coastal Concrete Products, LLC, d/b/a Coastal Site
Development, for the completed “Palmetto Dunes Stormwater
Management Improvements” project under Agreement No. 20-7800,
“Underground Contractor Services”. (Project Number 60224). (All
Districts)
4) Recommendation to award Invitation to Bid (“ITB”) No. 24-8234,
“Collier County Dune Restoration Planting - 2024,” to EarthBalance
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Corporation in the amount of $1,284,920.45, authorize the Chairman
to sign the Agreement, and make a finding that this item promotes
tourism. (Project 33870) (District 4)
5) Recommendation to award Construction Invitation to Bid (“ITB”) No.
24-8218, “Everglades Boulevard at 43rd Ave. NE Intersection
Improvements,” to Quality Enterprises USA, Inc., in the amount of
$3,224,803.16, provide for an Owner’s Allowance of $100,000.00 for
potential unforeseen conditions, and that the Board authorizes the
Chair to sign the attached Agreement and authorize the necessary
Budget Amendment. (Project 60256) (District 5)
6) Recommendation to approve Change Order No. 1 for the “Carson
Road Stormwater Treatment Area” under Agreement No. 23-8114
with Quality Enterprises USA, Inc., to utilize $9,798.30 of the
Owner’s Allowance to address new South Florida Water Management
District permit requirements, and authorize the Chairman to sign the
attached Change Order. (Project Number 60143) (District 5)
7) Recommendation to award Invitation to Bid (“ITB”) No. 24-8240,
“Florikan CRF with GAL-Xe One Fertilizers,” to Howard Fertilizer &
Chemical Company, LLC, and authorize staff to open standard
County purchase orders. (All Districts)
C. PUBLIC UTILITIES DEPARTMENT
1) Recommendation to award Invitation to Bid (“ITB”) No. 24-8239,
“Rehabilitation of Pump Station 309.18” to Andrew Site Work, LLC,
in the amount of $1,253,850, approve an Owner’s Allowance of
$100,000, and authorize the Chairman to sign the attached Agreement.
(Project Number 70240) (District 4)
2) Recommendation to award Invitation to Bid (“ITB”) No. 24-8235,
“South County Water Reclamation Facility (SCWRF) Aeration Basins
Diffuser System Replacement Phase 1,” to Razorback, LLC, in the
amount of $1,249,340, approve the Owner’s Allowance of $124,934,
authorize the Chairman to sign the attached Agreement, and approve
the necessary Budget Amendments. (Project Number 70148). (District
1)
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D. PUBLIC SERVICES
1) This Item continued from the August 13, 2024, BCC Meeting.
Recommendation to authorize an exemption from the competitive
process for purchases from OCLC, Inc., for the acquisition of
subscription services to cloudLibrary™ and interlibrary loan services
in an amount not to exceed $600,000 per Fiscal Year, as budgeted,
through FY 2025. (All Districts)
2) This Item continued from the August 13, 2024, BCC Meeting.
Recommendation to authorize an exemption from the competitive
process for a subscription to the Hoopla digital service from Midwest
Tape, LLC., for Library patron use, effective October 1, 2024, through
September 30, 2025, in an amount not to exceed $400,000 per Fiscal
Year. (All Districts)
3) Recommendation to approve and authorize the Chairman to sign six
(6) U.S. Housing and Urban Development Community Development
Block Grant Subrecipient Grant Agreements between Collier County
and the following entities to support infrastructure and public service
activities: (1) Collier County Community Redevelopment Agency
(Immokalee) ($1,001,371) (Companion to item 16L1); (2) Immokalee
Water and Sewer ($1,263,008); (3) Sunrise Community ($139,000);
(4) Housing Development Corporation Inc., d/b/a HELP ($117,195);
(5) Pathways Early Education Center ($75,000), (6) Baker Senior
Center Naples ($55,000). (Housing Grant Fund 1835) (All Districts)
4) Recommendation to approve and authorize the Chairman to sign a
Community Development Block Grant Subrecipient Agreement
#PS22-05 between Collier County and Housing Development
Corporation Inc., d/b/a HELP in the amount of $69,000 for housing
and financial counseling services. (Grant Fund 1835, CDBG Project
33823) (All Districts)
5) Recommendation to approve the electronic submittal of the Retired
and Senior Volunteer Program 2025-2026 Continuation Application
to AmeriCorps Seniors in the amount of $107,150 and allow the
County Manager or their designee to serve as the authorized
representative for the grantor’s electronic submission system, eGrants,
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throughout the grant period. (Housing Grant Fund 1835 and Housing
Match Fund 1836) (All Districts)
6) Recommendation to approve Services for Seniors, after-the-fact First
Amendment (OAA 203.24.01) of the FY24 Older Americans Act
Title III with the Area Agency on Aging of Southwest Florida, Inc., to
increase the contract amount by $1,362,231.23 and authorize the
necessary Budget Amendments. (Human Services Grant Fund 1837)
(District 1)
7) Recommendation to approve the State Housing Initiatives Partnership
Program Annual Report and authorize the County Manager, or her
designee, to sign the Local Housing Incentive Certification for
closeout Fiscal Year 2021/2022, interim for Fiscal Year 2022/2023,
and authorize the electronic submission to the Florida Housing
Finance Corporation to ensure compliance with program
requirements. (SHIP Grant Fund 1053) (All Districts)
8) Recommendation to accept and recognize restricted donations from
various donors in the amount of $5,000.29 for the benefit of the
Collier County Public Library and to authorize the necessary Budget
Amendments. (All Districts)
9) Recommendation to approve three (3) “After-the-Fact” agreements
and attestation statements between Collier County and the Area
Agency on Aging for Southwest Florida, Inc., for the Community
Care for the Elderly CCE #HC024 203.24, Alzheimer’s Disease
Initiative #HZ024 ADI 203.24, and Home Care for the Elderly
#HH024 HCE 203.24 grant programs in support of the Collier County
Services for Seniors Program and authorize the necessary Budget
Amendments in the amount of $393,007.26 to ensure continuous
funding for FY2024/2025. (Human Services Grant Fund 1837) (All
Districts)
10) Recommendation to approve and authorize the Chairman to sign the
Emergency Solutions Grant Subrecipient Agreement #ES24-01
between the Collier County Board of County Commissioners and The
Shelter for Abused Women & Children, Inc., to support Shelter
Operations and Personnel Salaries in the amount of $117,401.
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(Housing Grant Fund 1835, Project 33917) (All Districts)
11) Recommendation to approve a Resolution to authorize continued
participation in the Local Provider Participation Fund for the Directed
Payment Program and Graduate Medical Education Program, which
will be solely funded by assessments on Collier County hospital-
owned property or property used as a hospital in an amount not to
exceed $12,654,900, and authorize the County Manager to sign the
Directed Provider Payment Letter of Agreement in the amount of
$10,141,128 and the forthcoming Graduate Medical Education
Program Letter of Agreement in an estimated amount of $2,786,495
with the Agency for Health Care Administration for an estimated total
not to exceed $13,194,849 and authorize the necessary Budget
Amendments. (All Districts)
E. CORPORATE BUSINESS OPERATIONS
1) Recommendation to authorize the County Manager or designee to
sign agreements and make purchases associated with the procurement
of goods or services from vendors who have been awarded a contract,
as a result of a competitive selection process, by a federal, state, or
municipal government, or any other governmental agency, political
subdivision, or government-related association provided that the
originating entity utilized a competitive process similar to Collier
County’s. In addition to the agencies and political subdivisions
identified above, the County Manager or designee is authorized to
utilize cooperative agreements available from OMNIA Partners,
NASPO ValuePoint, HGACBuy, and Sourcewell for efficient
purchasing with no further action by the Board if the operating
divisions have budgeted for the goods and/or services. (All Districts)
2) Recommendation to authorize the Chairman to sign a Memorandum
of Agreement between the Florida Division of Emergency
Management and Collier County to accept and house a retired travel
trailer for temporary responder crew quarters following or in support
of a disaster response or emergency. (All Districts)
3) Recommendation to approve the purchase of excess workers’
compensation insurance for Fiscal Year 2025 with Arch Insurance
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Company, in the estimated annual amount of $253,229. (All Districts)
4) Recommendation to approve the administrative report prepared by the
Procurement Services Division for disposal of property that is no
longer viable and remove capital assets from the County’s records.
(All Districts)
5) Recommendation to approve an Assumption Agreement assigning all
rights, duties, benefits, and obligations to Stantec Consulting Services,
Inc., concerning Professional Services Library Agreement Nos. 18-
7432-CE, 18-7432-UP, 18-7432-UC, 18-7432-EV, and 18-7432-RB.
(All Districts)
6) Recommendation to approve the purchase of liability, automobile,
cyber, and other miscellaneous insurance coverage for Fiscal Year
2025 in the estimated premium of $1,116,001.99. (All Districts)
7) Recommendation to approve the administrative report prepared by the
Procurement Services Division for various County Divisions’ after-
the-fact purchases requiring Board approval in accordance with
Procurement Ordinance 2017-08, as amended, and the Procurement
Manual in the amount of $9,439.37. (All Districts)
F. COUNTY MANAGER OPERATIONS
1) Recommendation to approve and authorize the issuance of a Purchase
Order, as modified by Non-Standard Agreement # 24-021-NS, for an
expenditure in the amount of $163,858.75 for a sole source purchase
to upgrade an existing service plan to a worry-free service plan from
Zoll Medical Corporation for a period of two years. (All Districts)
2) Recommendation to adopt a resolution authorizing the removal of
7,715 ambulance service accounts and their respective uncollectible
accounts receivable balances which total $5,057,848.03, from the
accounts receivable of Collier County Fund 4050000000 (Emergency
Medical Services) finding diligent efforts to collect have been
exhausted and proved unsuccessful. (All Districts)
3) Recommendation to approve and authorize the Chairman to execute
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two Agreements on behalf of Collier County with David Lawrence
Mental Health Center, Inc., and Collier Health Services, Inc., d/b/a
Healthcare Network regarding treatment of Opioid Use Disorder for
Collier County Emergency Medical Services to work cooperatively
with these agencies to provide timely access to education, prevention,
and Medication-Assisted-Treatment (MAT) (All Districts)
4) Recommendation to approve an after-the-fact payment to Miles
Partnership, LLLP, for web enhancement projects in the total amount
of $35,151 and make a finding that the expenditure promotes tourism.
(All Districts)
5) Recommendation to approve an after-the-fact payment in the amount
of $188,861.73 to Advanced Roofing, Inc., for the Growth
Management Community Development Department (“GMCDD”)
Annex and Stair Tower Roofs project under Agreement No. 19-7539,
Roofing Replacement Contractors, and find this expenditure has a
valid public purpose. (District 4)
6) Recommendation to approve an after-the-fact payment in the amount
of $93,403.45 to Advance Roofing, Inc., for the Collier County
Sheriff’s Office Building J2 Roofing Replacement project under
Agreement No. 19-7539, Roofing Replacement Contractors, and find
this expenditure has a valid public purpose. (District 4)
7) Recommendation to ratify Change Order No. 8, adding ten days to the
Substantial Completion date and utilizing $42,329.74 of the Owner’s
Allowance for Purchase Order No. 4500229878, under Agreement
No. 21-7883-ST with O-A-K/Florida, Inc., d/b/a Owen-Ames-Kimball
Company, for the Main Campus Upgrades, and authorize the
Chairman to sign the attached Change Orders. (Project No. 50214)
(District 4)
8) Recommendation to authorize Budget Amendments appropriating
approximately $1,711,784,500 of unspent FY 2024 capital project and
grant budgets into fiscal year 2025. (All Districts)
9) Recommendation to adopt a Resolution approving amendments
(appropriating grants, donations, contributions, or insurance proceeds)
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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
H. BOARD OF COUNTY COMMISSIONERS
1) Proclamation designating September 2024, as Payroll Awareness
Month in Collier County. The proclamation will be hand delivered to
Crystal Kinzel, Clerk of the Circuit Court and Comptroller.
I. MISCELLANEOUS CORRESPONDENCE
J. OTHER CONSTITUTIONAL OFFICERS
1) To record in the minutes of the Board of County Commissioners, the
check number (or other payment method), amount, payee, and
purpose for which the referenced disbursements in the amount of
$33,838,579.00 were drawn for the periods between August 15, 2024,
and August 28, 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 September
04, 2024. (All Districts)
K. COUNTY ATTORNEY
1) Recommendation to appoint Cindy Carroll to the
Historic/Archaeological Preservation Board (All Districts)
2) Recommendation to appoint Michael Petscher as a member to the
Collier County Planning Commission, representing Commission
District 5. (District 5)
3) Recommendation to authorize a representative of the County
Attorney’s Office to bid on behalf of the County at one code
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enforcement lien foreclosure sale scheduled by the Clerk in COLLIER
COUNTY, FLORIDA v. LEE VERN LAMBERT, et al, Circuit Court
Case No. 23-CA-3392, in an amount not to exceed the value of the
County’s foreclosed lien interest (approximately $235,029.65). (All
Districts)
4) Recommendation that the Board declines to authorize the application
for tax deeds for nine (9) County-held tax certificates. (All Districts)
5) Recommendation to approve and authorize the Chair to execute a
Settlement Agreement in the lawsuit styled Arnold Burchianti and
Gloria Burchianti v. Collier County Board of Commissioners (Case
No. 23-CA-2254), now pending in the Circuit Court of the Twentieth
Judicial Circuit in and for Collier County, Florida, for the sum of
$30,000. (All Districts)
6) Recommendation to approve a Stipulated Final Judgment to settle
final compensation for the taking of Parcel 333RDUE, in the amount
of $6,000, including statutory attorney fees and costs, and expert fees
and costs, in the lawsuit styled Collier County v. Priscilla Dias, et al,
Case No. 16-CA-1393, required for the Golden Gate Boulevard
Expansion Project No. 60145. (All Districts)
L. COMMUNITY REDEVELOPMENT AGENCY
1) Recommendation that the Collier County Board of County
Commissioners (BCC), acting as the Community Redevelopment
Agency (CRA), approve a Subrecipient Agreement for Community
Development Block Grant (CDBG) funds in the amount of
$1,001,371 for the construction of the First Street Corridor Pedestrian
Safety Improvement Project in Immokalee, authorize the Chairman of
the CRA to sign the Subrecipient Agreement, and authorize necessary
budgets amendments (Project 33831). (Companion to item 16D3)
(District 5)
2) Recommendation that the Board of County Commissioners (BCC),
acting as the Community Redevelopment Agency (CRA), authorize
four members of the Bayshore Gateway Triangle Local
Redevelopment Advisory Board, one member of the Bayshore
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September 10, 2024
Beautification Municipal Service Taxing Unit Advisory Committee,
four members of the Immokalee Local Redevelopment Advisory
Board, and one member of the Immokalee Beautification Municipal
Service Taxing Unit Advisory Committee to attend the Florida
Redevelopment Association 2024 Annual Conference; authorize
payment of the associated registration, lodging, travel and per diem
costs from the CRA Trust Funds (Funds 1020/1025); and declare the
training received by the Board members as serving a valid public
purpose. (District 4, District 5)
3) Recommendation that the Board of County Commissioners, acting as
the Community Redevelopment Agency, authorize necessary budget
amendments to recognize carryforward in Bayshore CRA Fund (1020)
and Immokalee CRA Fund (1025), transfer those moneys along with
reserve balances into Bayshore CRA Capital Fund (1021) and
Immokalee CRA Capital Fund (1026), and appropriate those funds
into specific projects pursuant to the Community Redevelopment
Plan. (District 4, District 5)
------------------------------------------------------------------------------------------------------------
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 adopt resolutions approving the preliminary assessment
rolls as the final assessment rolls, and adopting same as the non-ad valorem
assessment rolls for the purpose of utilizing the uniform method of
collection pursuant to Section 197.3632, Florida Statutes, for Solid Waste
Municipal Service Benefit Units, Service District No. I and Service District
No. II, Special Assessment levied against certain residential properties
within the unincorporated area of Collier County, the City of Marco Island,
Page 17
September 10, 2024
and the City of Everglades City, pursuant to Collier County Ordinance 2005-
54, as amended. Revenues are anticipated to be $36,088,800. (All Districts)
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 a rezoning
Ordinance for Elanto at Naples RPUD to allow up to 309 horizontal
multifamily dwelling units, subject to an Affordable Housing Density Bonus
Agreement to provide 10% of the units (31 units) for households earning up
to and including 50% of the County’s Area Median Income (AMI), on
51.83± acres of property located approximately 0.25 miles east of Greenway
Road on the north side of Tamiami Trail East, within Section 18, Township
51 South, Range 27 East, Collier County, Florida. (PL20220005665)
(District 1)
C. Recommendation to adopt the Consolidated Waterways and Beaches
Ordinance that repeals, consolidates, and supersedes existing ordinances
relating to the regulation of and conduct on Collier County waterways and
beaches. (All Districts)
D. This Item requires the Commission members provide ex-parte
disclosure. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to approve a rezoning ordinance
for the Immokalee One-Stop MPUD to allow construction of a maximum of
40,000 s.f. of gross floor area of limited commercial land uses and up to 61
multi-family residential dwelling units on 3.84± acres of property located at
750 S. 5th Street, Immokalee, on the east side of the intersection of Stokes
Ave and S. 5th Street, in Section 9, Township 47 South, Range 29 East; and
by providing an effective date. [PL20230017241] (District 5)
E. Recommendation to approve a Resolution amending the Collier County
Growth Management Plan, Ordinance 89-05, as amended, relating to staff-
initiated reformatting and specifically amending the Future Land Use
Element and maps; the Golden Gate City Sub-Element of the Golden Gate
Area Master Plan Element and maps; the Urban Golden Gate Estates Sub-
Element of the Golden Gate Area Master Plan Element and maps; the Rural
Golden Gate Estates Sub-Element of the Golden Gate Area Master Plan
Element and maps; the Immokalee Area Master Plan Element and maps; the
Conservation and Coastal Management Element; the Potable Water Sub-
Page 18
September 10, 2024
Element of the Public Facilities Element; and the Wastewater Treatment
Sub-Element of the Public Facilities Element; and furthermore directing
transmittal of the amendments to the Florida Department of Commerce.
PL20230017521 - Growth Management Plan Clean-up Changes GMPA (All
Districts)
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD’S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER’S OFFICE AT 252-8383.
September 10, 2024
Page 2
MS. PATTERSON: Chair, you have a live mic.
CHAIRMAN HALL: Good morning, everyone. Welcome to
the meeting. We have a big agenda today. We have a lot of things
to do and talk about. And I want to remind you as we begin to
silence your cell phones, please. And if you're scheduled to speak, I
want to remind you that we've got three minutes to do that.
Troy, how many speakers have we got so far?
MR. MILLER: Right now, sir, I have four here in the room and
two online.
CHAIRMAN HALL: Okay. Great. So just to remind you, at
the two-and-a-half-minute mark, the little yellow light's going to
blink, at the three-minute mark, the red light's going to blink, and I'm
going to say, "Thank you."
So with that, let's get this meeting started with some prayer and
the Pledge of Allegiance.
MS. PATTERSON: Commissioner, we have our invocation by
Pastor Tracy Boyd of Grow Church, and our Pledge of Allegiance
will be led by John Izzo, Army Veteran, 24th Infantry Division,
Korean War.
Item #1
INVOCATION AND PLEDGE OF ALLEGIANCE –
INVOCATION WAS GIVEN
PASTOR BOYD: There's a particular prayer that the Apostle
prayed in the scriptures and Ephesians, and it was regarding
revelation and wisdom. And I believe that more now than ever each
one of you commissioners need revelation and wisdom from God to
lead and to guide this great Collier County. So that's the prayer that
we're going to offer today.
September 10, 2024
Page 3
Father, I thank you, according to your word, that today you are
filling each one of these leaders with wisdom and revelation from
your spirit; that they would make choices and decisions that are
aligned with your will; that they would see and perceive from your
perspective that the people of Collier County will be blessed. In
Jesus name, I pray, amen.
COMMISSIONER McDANIEL: Let's get her more regularly.
That was a good one.
COMMISSIONER LoCASTRO: Wait a minute. But I was
feeing like -- do you feel like we don't have wisdom? No, I'm
just -- we know each other. We know each other.
That was a little of a dig, maybe.
CHAIRMAN HALL: I could tell where she was looking.
COMMISSIONER LoCASTRO: Thank you.
(The Pledge of Allegiance was recited in unison.)
COMMISSIONER LoCASTRO: I just asked the Chair if I
could just say a couple words. Tomorrow's the anniversary of 9/11,
the 23rd anniversary, so I just wanted to recognize that, especially
with fellow veterans in the room. Having been somebody that had to
deploy to Afghanistan, and then watching what I thought was not the
best exit, we thought we were over there doing a great and amazing
things, and we were, but they sort of didn't last.
But if I could just indulge you and just -- how many veterans do
we have in the room? You can raise your hands. So regardless if
you deployed or not, you wore the uniform, and we all appreciate
your service. If we could just maybe have a moment of silence
for -- we lost thousands of people in Afghanistan, lost thousands of
people on 9/11, but what a lot of people forget is after 9/11 we
continued to have quite a few casualties, more than what actually
happened on 9/11, and we continue to have people that struggle with
all kinds of issues afterwards.
September 10, 2024
Page 4
So, you know, as we get further away from 9/11, people kind of
remember the date but not actually the facts and details.
So maybe we can just have a few moments of silence here to
think about all those who have lost, all those who fought for our
country so gallantly after 9/11 and their memory.
(A moment of silence was observed.)
COMMISSIONER LoCASTRO: Thank you.
Item #2A
APPROVAL OF TODAY'S REGULAR, CONSENT AND
SUMMARY AGENDA AS AMENDED (EX PARTE
DISCLOSURE PROVIDED BY COMMISSION MEMBERS FOR
CONSENT AGENDA.) - COMMISSIONER KOWAL RECUSED
HIMSELF ON ITEM #16A9, MOTION TO APPROVE BY
COMMISSIONER MCDANIEL; SECONDED BY
COMMISSIONER KOWAL – APPROVED AND/OR ADOPTED
W/CHANGES
MS. PATTERSON: Commissioners, that brings us to agenda
changes for September 10th, 2024. Please bear with me as I read
through our extensive change sheet for today.
First, we have add-on Item 10B, which is a recommendation to
consider the request from 7th Avenue Northwest residents for
additional site development requirements relative to Mason
Classical -- Classic Academy charter school. This is being brought
to the agenda at Commissioner Saunders' request.
Add-on Item 10C is a discussion regarding the intersection
safety and countermeasures that may assist to reduce red light
running. This is brought to the agenda at Commissioner Saunders'
request.
September 10, 2024
Page 5
Add-on Item 10D is a recommendation to direct the County
Attorney, working with staff, to take legal action as necessary,
including filing a lawsuit or code enforcement case, with respect to
an owner of two dogs who she lets run free around the neighborhood,
and this is brought to the agenda at Commissioner Saunders' request.
Continue Item 16B2 to a future BCC meeting. This was
continued from the August 27th, 2024, BCC meeting as well. It's a
recommendation to approve an agreement for the purchase of an
unimproved tract of land required for the Lake Kelly Weir
Stormwater Project, and this is being moved at staff's request.
Continue Item 11B to a future meeting. This is a
recommendation to direct the County Attorney, working with staff, to
take legal action as necessary, including filing a lawsuit or code
enforcement case, with respect to the painting on the Ascent Naples
building to ensure compliance with the county codes located at 1950
Mayfair Street near the intersection of Davis Boulevard and Tamiami
Trail within the Bayshore/Gateway Triangle CRA. This is being
moved at Commissioner Kowal's request and staff's request.
Move Item 16B1 to 11C. This is a recommendation to direct
the County Attorney to advertise and bring back for a public hearing
an amendment to Ordinance 2023-71 to remove roadways that are
now in a passible condition, add roadways that have since been
deemed impassable by the independent fire districts, and remove the
1 mil cap of the ad valorem millage rate. This is being moved to the
regular agenda at Commissioner McDaniel's request.
Move Item 16D1 to 11D. This item was continued from the
August 13th, 2024, BCC meeting. It's a recommendation to
authorize an exemption from the competitive process for purchase
from OCLC, Inc., for the acquisition of subscription services to
cloudLibrary and interlibrary loan services in an amount not to
exceed $600,000 per fiscal year as budgeted through FY 2025. This
September 10, 2024
Page 6
is being moved at Commissioner Hall's request.
Move Item 16D2 to 11E. This item was continued from the
August 13th, 2024, BCC meeting. This is a recommendation to
authorize an exemption from the competitive process for a
subscription to the Hoopla digital service from Midwest Tape, LLC,
for library patron use, effective October 1st, 2024, through
September 30th, 2025, in an amount not to exceed $400,000 per
fiscal year. This is being moved at Commissioner Hall's request.
Move Item 16K3 to 12A. This is a recommendation to
authorize a representative of the County Attorney's Office to bid on
behalf of the county at one code enforcement lien foreclosure sale
scheduled by the Clerk in Collier County, Florida, versus Lee Vern
Lambert, et al, Circuit Court Case No. 23-CA-3392, in an amount not
to exceed the value of the county's foreclosed lien interest,
approximately $235,029.65. This is being moved at Commissioner
McDaniel's request.
Move Item 16K5 to 12B. This is a recommendation to approve
and authorize the Chair to execute a settlement agreement in the
lawsuit styled Arnold Burchianti and Gloria Burchianti versus
Collier County Board of County Commissioners now pending in the
Circuit Court of the 20th Judicial Circuit in and for Collier County,
Florida, for the sum of $30,000. This is being moved at
Commissioner McDaniel's request.
Move Item 16L2 to 14B1. This is a recommendation that the
Board of County Commissioners, acting as the Community
Redevelopment Agency, authorize four members of the
Bayshore/Gateway Triangle Local Redevelopment Advisory Board,
one member of the Bayshore Beautification Municipal Service
Taxing Unit Advisory Committee, four members of the Immokalee
Local Redevelopment Advisory Board, and one member of the
Immokalee Beautification Municipal Service Taxing Unit Advisory
September 10, 2024
Page 7
Committee to attend the Florida Redevelopment Association 2024
Annual Conference; authorize payment of the associated registration,
lodging, travel, and per diem costs from the CRA trust funds, and
declare the training received by the board members as serving a valid
public purpose. This is being moved at Commissioner McDaniel's
request.
We do have a time-certain, that is Item 10A, to be heard at
10 a.m. This is a recommendation to adopt the attached resolution in
opposition to Amendment 3 titled as "Adult Personal use of
Marijuana" which, if enacted, would amend the Florida Constitution
to legalize recreational marijuana in Florida.
And we have court reporter breaks scheduled for 10:30 and
again at 2:50.
With that, County Attorney.
MR. KLATZKOW: No more changes.
MS. PATTERSON: Commissioners, any further changes or ex
parte on the consent or summary?
CHAIRMAN HALL: Troy, do we have one public comment?
MR. MILLER: Yeah. I have someone who's come on Zoom
registered under Item 16. I don't have additional information.
Nathalie Ryczek. Nathalie Ryczek, you're being prompted to
unmute yourself, if you'll do so at this time. Yes, Natalie, go ahead.
MS. RYCZEK: Hi. So it's okay for me to talk now about the
issue that I was calling in about?
MR. MILLER: What item under Item 16 are you speaking on,
ma'am?
MS. RYCZEK: It should have been for 10C.
MR. MILLER: Okay. We'll bring you back on at a later time.
This is the wrong time for that. You were incorrectly marked. My
apologies. Thank you.
MS. RYCZEK: That's okay.
September 10, 2024
Page 8
MR. MILLER: My apologies, Mr. Chair.
CHAIRMAN HALL: No worries. Commissioner Kowal,
changes and ex parte.
COMMISSIONER KOWAL: I have no ex partes, but I would
like to take the time to -- I'm going to recuse myself from 16A9, on
that particular item on there, due to a family member conflict of
interest.
COMMISSIONER McDANIEL: That's right.
CHAIRMAN HALL: Commissioner Saunders.
COMMISSIONER SAUNDERS: Mr. Chairman, I have no
changes and no disclosure.
CHAIRMAN HALL: Commissioner McDaniel?
COMMISSIONER McDANIEL: Good morning, Mr. Chair.
I have no ex parte, and I would like, if it pleases the Board, to
add back 16K5. It got moved up. I got my questions answered.
And there's no reason for us to have a hearing on that particular item,
if you-all are okay with that. I got my answers with regard to the
exposures there, so...
CHAIRMAN HALL: 16K5 is --
COMMISSIONER McDANIEL: 16K5 was moved to 12B, and
it can stay on the consent, and we don't have to have a hearing on
that.
CHAIRMAN HALL: Oh, gotcha, okay.
Commissioner LoCastro.
COMMISSIONER LoCASTRO: I have no changes. I have
one disclosure. On 17B, I got e-mails.
CHAIRMAN HALL: Okay. I have no changes to make, and I
have no ex parte.
Can I get a motion to approve the consent?
COMMISSIONER McDANIEL: So moved.
COMMISSIONER KOWAL: Second.
September 10, 2024
Page 9
CHAIRMAN HALL: Move and seconded. All in favor, say
aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN HALL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER KOWAL: Aye.
CHAIRMAN HALL: All opposed?
(No response.)
SEE REVERSE SIDE
Proposed Agenda Changes
Board of County Commissioners Meeting
September 10, 2024
Add on item 10B: Recommendation to consider the request from 7th Ave NW residents for additional site
development requirements relative to Mason Classic Academy charter school. (Commissioner Saunders’ Request)
Add on item 10C: Discussion regarding intersection safety and countermeasures that may assist to reduce red-
light running. (Commissioner Saunders’ Request)
Add on item 10D: Recommendation to direct the County Attorney, working with staff, to take legal action as
necessary, including filing a lawsuit or code enforcement case, with respect to an owner of two dogs who she lets
run free around the neighborhood. (Commissioner Saunders’ Request)
Continue item 16B2 to a future BCC Meeting: *** This item continued from the August 27, 2024, BCC
Meeting. *** Recommendation to approve an Agreement for the purchase of an unimproved tract of land (Parcel
154FEE) required for the Lake Kelly Weir Stormwater Project (Project No. 50310). Estimated Fiscal Impact:
$222,000. (Staffs’ Request)
Continue item 11B to a future meeting: Recommendation to direct the County Attorney, working with staff, to
take legal action, as necessary, including filing a lawsuit or code enforcement case with respect to the painting on
the Ascent Naples building to ensure compliance with County codes, located at 1950 Mayfair Street, near the
intersection of Davis Boulevard and Tamiami Trail East, within the Bayshore/Gateway Triangle CRA.
(Commissioner Kowal’s request)
Move item 16B1 to 11C: Recommendation to direct the County Attorney to advertise and bring back for a public
hearing an amendment to Ordinance 2023-71 to remove roadways that are now in a passable condition, add
roadways that have since been deemed impassable by the independent fire districts and remove the 1.0000 mil
cap of the ad valorem millage rate. (Commissioner McDaniels’ Request)
Move item 16D1 to 11D: *** This item continued from the August 13, 2024, BCC Meeting. *** Recommendation
to authorize an exemption from the competitive process for purchases from OCLC, Inc., for the acquisition of
subscription services to cloudLibrary™ and interlibrary loan services in an amount not to exceed $600,000 per
Fiscal Year, as budgeted, through FY 2025. (Commissioner Hall’s Request)
Move item 16D2 to 11E: *** This item continued from the August 13, 2024, BCC Meeting. *** Recommendation
to authorize an exemption from the competitive process for a subscription to the Hoopla digital service from
Midwest Tape, LLC., for Library patron use, effective October 1, 2024, through September 30, 2025, in an amount
not to exceed $400,000 per Fiscal Year. (Commissioner Hall’s Request)
Move item 16K3 to 12A: Recommendation to authorize a representative of the County Attorney’s Office to bid
on behalf of the County at one code enforcement lien foreclosure sale scheduled by the Clerk in COLLIER COUNTY,
FLORIDA v. LEE VERN LAMBERT, et al, Circuit Court Case No. 23-CA-3392, in an amount not to exceed the value of
the County’s foreclosed lien interest (approximately $235,029.65). (Commissioner McDaniels’ Request)
Move item 16K5 to 12B: Recommendation to approve and authorize the Chair to execute a Settlement
Agreement in the lawsuit styled Arnold Burchianti and Gloria Burchianti v. Collier County Board of Commissioners
(Case No. 23-CA-2254), now pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County,
Florida, for the sum of $30,000. (Commissioner McDaniels’ Request)
Move item 16L2 to 14B1: Recommendation that the Board of County Commissioners (BCC), acting as the
Community Redevelopment Agency (CRA), authorize four members of the Bayshore Gateway Triangle Local
Redevelopment Advisory Board, one member of the Bayshore Beautification Municipal Service Taxing Unit
Advisory Committee, four members of the Immokalee Local Redevelopment Advisory Board, and one member of
the Immokalee Beautification Municipal Service Taxing Unit Advisory Committee to attend the Florida
Redevelopment Association 2024 Annual Conference; authorize payment of the associated registration, lodging,
travel and per diem costs from the CRA Trust Funds (Funds 1020/1025); and declare the training received by the
Board members as serving a valid public purpose. (Commissioner McDaniels’ Request)
Notes:
TIME CERTAIN ITEMS:
10A to be heard at 10 AM: Recommendation to adopt the attached Resolution in opposition to Amendment 3
titled as Adult Personal Use of Marijuana, which if enacted would amend the Florida Constitution to legalize
recreational marijuana in Florida.
10/28/2024 4:16 PM
September 10, 2024
Page 10
Item #4A
PROCLAMATION DESIGNATING SEPTEMBER 22, 2024, AS
FALLS PREVENTION AWARENESS DAY IN COLLIER
COUNTY. ACCEPTED BY DR. MARIA ALFARO, TRAUMA
MEDICAL DIRECTOR. - MOTION TO APPROVE BY
COMMISSIONER SAUNDERS; SECONDED BY
COMMISSIONER LOCASTRO –ADOPTED
CHAIRMAN HALL: The consent is history.
MS. PATTERSON: Commissioners, that brings us to Item 4.
Item 4A is a proclamation designating September 22nd, 2024, as
Falls Prevention Awareness Day in Collier County. To be accepted
by Niki Rasnake, Lee Health Trauma program manager.
Congratulations.
(Applause.)
MS. RASNAKE: Good morning. Lee Health Trauma
Services extends its sincere gratitude to the Collier County
Commissions for the recognition of September as the Fall Trauma
Awareness Month and its support for reducing these injuries. We
would also like to extend our appreciation to our colleagues and
partners in fire, EMS, law enforcement, and everyone else who
collaborates with us not only during September, but for the entire
year.
Lee Health is the only Level 2 Trauma Center within our five
counties, and falls continues to represent 50 percent of our traumatic
injuries treated at our center every day.
We extend our gratitude to the commissioners and to the
community members for their continued support for our falls
prevention.
September 10, 2024
Page 11
Item #4B
PROCLAMATION DESIGNATING SEPTEMBER 2024 AS
HUNGER ACTION MONTH IN COLLIER COUNTY. ACCEPTED
BY RICHARD LEBER, PRESIDENT & CEO. - MOTION TO
APPROVE BY COMMISSIONER SAUNDERS; SECONDED BY
COMMISSIONER LOCASTRO – ADOPTED
MS. PATTERSON: Item 4B is a proclamation designating
September 2024 as Hunger Action Month in Collier County. To be
accepted by Richard LeBer, president and CEO, Harry Chapin Food
Bank of Southwest Florida. Congratulations.
(Applause.)
MR. LeBER: Thank you, commissioners. Thank you,
everyone.
We want to appreciate -- excuse me -- express our appreciation
to Collier County for recognizing Hunger Action Month in the month
of September. This is actually a national month of action throughout
the country, and, in fact, today is Hunger Action Day, so it's very
timely.
It may not -- everybody may not know, but we feed about
44,000 people in Collier County in the course of this year. We do
that through a network of about 36 other organizations: St.
Matthew's House, Grace Place, Our Daily Bread, Meals of Hope, et
cetera, that we provide food to in addition to about a dozen direct
distributions to the public every month and our senior kit program, et
cetera.
The people that we feed are from a wide variety of backgrounds.
A lot of them are working families. It's no surprise to anybody, I
would think, that Collier County is a pretty expensive place to live,
and if you happen to work in a lower-paying job, perhaps in the
September 10, 2024
Page 12
service industries or something like that, frequently people find
themselves strapped. Rents in Collier County have gone through the
roof in the last several years. I know the commissioners have taken
action on that issue. I would encourage you to continue to take
action on providing affordable housing for working families.
In addition to that, we see a lot of seniors, many of them with
expensive chronic medical conditions, and we see a lot of veterans.
So I really appreciate the expression of support from the
commissioners for the issue of hunger. Despite the obvious wealth
and prosperity of Collier County, it continues to be an issue that we
wrestle with every day, and thank you so much for your support.
(Applause.)
CHAIRMAN HALL: Thank you, Richard.
Item #4C
PROCLAMATION DESIGNATING SEPTEMBER 13, 2024, AS
YMCA SAFETY AROUND WATER DAY IN COLLIER
COUNTY. ACCEPTED BY LUCINDA LOVE-ABOUNADER,
PRESIDENT, AND CEO OF THE YMCA OF COLLIER COUNTY.
- MOTION TO APPROVE BY COMMISSIONER SAUNDERS;
SECONDED BY COMMISSIONER LOCASTRO – ADOPTED
MS. PATTERSON: Item 4C is a proclamation designating
September 13th, 2024, as YMCA Safety Around Water Day in
Collier County. To be accepted by Lucinda Love-Abounader,
president and CEO of the YMCA of Collier County.
Congratulations.
(Applause.)
COMMISSIONER LoCASTRO: I think I saw her here.
Cindy? I don't think she's here.
September 10, 2024
Page 13
COMMISSIONER McDANIEL: How about that?
MS. PATTERSON: Okay. Well --
CHAIRMAN HALL: Here we go.
COMMISSIONER KOWAL: We usually have a duck and
everything here.
MS. PATTERSON: Okay. With that, if we could get a
motion to accept the proclamations.
COMMISSIONER SAUNDERS: So moved.
COMMISSIONER LoCASTRO: Second.
CHAIRMAN HALL: Moved and seconded. All in favor, say
aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN HALL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER KOWAL: Aye.
MS. PATTERSON: Thank you, Commissioners.
Item #5A
ARTIST OF THE MONTH - SCOTT BROWN ART PAINTINGS
That brings us to 5A. If I could direct your attention to the back
of the room, 5A is Artist of the Month. This month we welcome
local artist Scott Brown as our September Artist of the Month. It's
Scott's mission with pastels, acrylics, and oils to create original and
unique paintings that will enhance your living space and brighten
your world.
When Scott isn't teaching or painting at his studio on Shirley
Street, he volunteers as the director of the Coco Naples Art Gallery,
an 8,500-square-foot artist gem located in the Coastland Center Mall
September 10, 2024
Page 14
at Entrance No. 8.
Scott painted a colorful 60-by-15 wall mural of the Naples pier
inside the entrance. The Coco Naples Art Gallery was just awarded
honorable mention in the Best of Florida 2024 guidebook.
Item #5B
PRESENTATION OF THE COLLIER COUNTY BUSINESS OF
THE QUARTER FOR SEPTEMBER 2024 TO LIGHTHOUSE OF
COLLIER COUNTY. THE AWARD WILL BE ACCEPTED BY
REPRESENTATIVES OF THE REHABILITATION CENTER.
ALSO ATTENDING ARE KRISTINA PARK, CEO &
PRESIDENT, AND BETHANY SAWYER, VICE PRESIDENT OF
MEMBERSHIP AND INVESTORS, BOTH OF THE GREATER
NAPLES CHAMBER OF COMMERCE - PRESENTED
With that, that brings us to Item 5B with a presentation of the
Collier County Business of the Quarter for September 2024 to
Lighthouse of Collier County. The award will be accepted by
representatives of the rehabilitation center. Also attending is
Bethany Sawyer, vice president of membership and investors of the
Greater Naples Chamber of Commerce. Congratulations.
(Applause.)
MS. GRANNIS: My name is Priscilla Grannis. I'm president
of the board of directors for Lighthouse of Collier. And on behalf of
the staff, all of the volunteers, all of our clients, I want to thank you
for the recognition and the honor of being named Collier County
Business of the Quarter for September 2024.
Lighthouse of Collier serves blind and low-vision clients
throughout the county and some in Lee County. We provide these
services for all ages from infants to those my age or older.
September 10, 2024
Page 15
We thank you, and we look forward to providing additional
services to our blind and low-vision citizens. Thank you.
(Applause.)
Item #7
PUBLIC COMMENTS ON GENERAL TOMPIC NOT ON THE
CURRENT OR FUTURE AGENDA
MS. PATTERSON: Commissioners, that brings us to Item 6,
public -- I'm sorry. Item 7, public comments on general topics not
on the current or future agenda.
MR. MILLER: Mr. Chair, I have two speakers here in the
room and two on Zoom. Your first speaker is Rae Ann Burton, and
she will be followed by Anton -- I think this is Karloff.
CHAIRMAN HALL: Where's Rae Ann?
MR. MILLER: Well, I see Rae Ann.
MS. BURTON: Okay. Here it is. Sorry for that.
Good morning, Commissioners. My name is Rae Ann Burton.
Contrary to belief, I am alive, due to be under the weather, as they
say.
I live in Rural Golden Gate Estates, which is currently under
attack by dense-greedy developers. Retired to the Estates to, as they
say, enjoy my golden years, but that is being threatened by
uncontrolled dense growth and requires constant rezoning by the
Growth Management Plan, which requires more roads and wider
roads to be built.
There is a dangerous issue that needs to be addressed in the
Estates on Golden Gate Boulevard and Everglades Boulevard.
These are the ones I know about, I use the most. Whenever there's a
rain on these roads, driving is all but impossible to see. There are
September 10, 2024
Page 16
little or no lights on these roads. Everglades is an accident waiting
to happen, and it has happened.
Black asphalt, when wet, reflects oncoming cars' headlights
which are blinding and create difficulty seeing any cars coming or
even the road.
Yesterday, Monday night, after a Republican executive meeting
driving home, I was on Everglades about 8:40 p.m. I always get in
the left lane to make a left turn onto Golden Gate Boulevard, which is
another issue. Cars and even dump trucks try to cut in since
Everglades is only two lanes.
As I got onto the road, a car turned right in front of me, making
a left turn onto Everglades from the first street on the right. No
lights. Luckily, I saw the car when it was right in front of me.
Thank goodness I was going slow due to the misty rain, so we didn't
hit.
About halfway down Everglades, I saw bright lights flashing
coming toward me. First thought, an accident. It was an oncoming
car with very bright headlights flashing on high beams. It was not
until I got closer that I saw what the trouble was. A horse was
trosting [sic] down Everglades on the left side of the road.
I didn't even see it until it was right next to me. It was a dark
horse. It could have been a person on a bike or people walking, but
without lights you don't see them until they're right next to you.
The reason for this comment is that we don't need more roads or
wider roads. What Rural Estates needs is that current roads be
properly lighted so one can see what is coming towards or in front of
them. It also may cut down some of the glare on the wet asphalt as it
rains.
So think, please, about providing more safety on these rural
roads which become dangerous when it rains, not to be -- not being
able to see even if the road is flooded. Thank you.
September 10, 2024
Page 17
MR. MILLER: Your next speaker is Anton Karalov. I hope
I'm saying that right. Karaba. He will be followed on Zoom by
Kelly Farrell.
If you could start by stating your name so that she has the proper
pronunciation.
MR. KARABA: Anton Karaba, K-a-r-a-b-a.
MR. MILLER: Go ahead, sir.
MR. KARABA: And as you know, you raised our water,
sewer, and irrigation about almost 30 percent this year without letting
us know before. Now you want to raise our taxes. I disagree with
that. I'm talking about personally my taxes where I live, because one
thing -- they are always raising, one thing. Another thing is there is
a mess in our area. I think Mr. LoCastro is our commissioner. This
is no action almost taken by police, code enforcement, and animal
control. There are animals on the streets, loud music, and all kinds
of mess. That's one thing I think is -- the cars are not recognizable
anymore. We don't know who is code enforcement. We don't
know who is who.
So these are my comments, and I would like to fix the mess in
our area. I talked to the code enforcement guy for our area. He
didn't do anything. Nobody do anything in that place.
Thank you.
COMMISSIONER LoCASTRO: Where do you live, sir?
MR. KARABA: It's 12243 Fuller Lane, Naples, Florida. They
call it Victoria Falls. Thank you.
MR. MILLER: Your next speaker is on Zoom is Kelly Farrell.
She'll be followed also on Zoom by Kim Aquila.
Ms. Farrell, you're being prompted to unmute yourself, if you'll
do so at this time. Kelly Farrell, if you'll unmute yourself.
(No response.)
MR. MILLER: All right. Isaac, let's try Kim Aquila.
September 10, 2024
Page 18
Kim, you're being prompted to unmute yourself if you'll do that
at this time. Ms. Aquila? There you are.
MS. AQUILA: Oh, yes. Can you hear me?
MR. MILLER: Yes, ma'am. You have three minutes.
MS. AQUILA: Hi. Thank you. Yes. No. I was calling to
talk about what Natalie is calling in for. So I might be in the wrong
section. I apologize. It's about the road safety issues.
MR. MILLER: Yeah. Okay. We'll move you there. Thank
you.
MS. AQUILA: Thank you.
MR. MILLER: I think what happened, Mr. Chair, is we've had
these items that were added late in the day, and there was no place to
sign up on Zoom, so I think they've ended up in public comment.
CHAIRMAN HALL: We'll catch them in a little bit.
MR. MILLER: We'll relabel them 10C, and we'll get them
then. And that concludes our speakers for Item 7.
CHAIRMAN HALL: All right.
Item #10B
REQUEST FROM 7TH AVE NW RESIDENTS FOR
ADDITIONAL SITE DEVELOPMENT REQUIREMENTS
RELATIVE TO MASON CLASSIC ACADEMY CHARTER
SCHOOL. (COMMISSIONER SAUNDERS’ REQUEST) -
MOTION TO CONTINUE THIS ITEM TO THE NEXT BCC
MEETING BY COMMISSIONER SAUNDERS; SECONDED BY
COMMISSIONER MCDANIEL
MS. PATTERSON: Commissioners, that brings us to Item 10.
Item 10A is our 10 o'clock time-certain, so we'll go to Item 10B.
This is a recommendation to consider the request from 7th Avenue
September 10, 2024
Page 19
Northwest residents for additional site development requirements
relative to Mason Classic Academy charter school. This item is
being brought to the agenda at Commissioner Saunders' request.
COMMISSIONER SAUNDERS: Thank you.
The reason I brought this up -- and I apologize for not having
this on a printed agenda earlier. But I wanted to make sure that we
took some -- took some positions before it was too late, and so this
kind of came up a little bit suddenly in that regard.
I've met with our staff to see what types of things we can do to
protect the neighborhood. I think that's 7th Avenue North. I'm not
looking to make things difficult for the charter school developer.
We don't have any control over where a charter school goes, and so
we didn't have any control over whether this would be in a particular
neighborhood or not, but we do have authority to make sure that
during the site plan approval process we do have the ability to control
access to our roadways. We do have the ability to take some action
to protect the neighborhood from lights and noise and traffic.
And so I've asked staff to make a little presentation, if they
would, concerning the different things that have been requested and
what we can do to perhaps direct staff to take a look at it and make
sure we have the legal authority to do that.
Included in your packet is a letter from Erika Donalds who
recently moved to 7th Avenue Northwest, and she recognizes that
charter schools can go where the developers of charter schools want
them to go -- we don't have control over that -- but she indicated that
in the charter schools that she's been involved in, there have been a
variety of different conditions imposed by staff, and I just want to
make sure that we're doing the same thing with this Mason Classical
Academy on 7th Avenue North.
So, Mr. Chairman, with your indulgence, if staff could kind of
go through a list of the things that have been requested in that letter
September 10, 2024
Page 20
from Erika Donalds, and the things that we can do to protect the
neighborhood.
CHAIRMAN HALL: Sure.
Commissioner McDaniel, do you want to speak before staff?
COMMISSIONER McDANIEL: No. I'll wait till our staff's
done, sir.
CHAIRMAN HALL: All right. Ms. Cook, the floor is yours.
MS. COOK: Good morning, Commissioners, Jaime Cook,
your director of development review at Growth Management and
Community Development, for the record.
The letter that you had all received from Ms. Donalds last week
requested four specific items for their Site Development Plan. Their
Site Development Plan was submitted to the county earlier this year, I
believe in April. It has not yet been approved by staff nor has it
been approved by the Water Management District, so we are still
going through the review process.
Of the four items that were requested by those neighbors, the
first being that the construction access not be on 7th Avenue
Northwest, the construction access is proposed to be on Vanderbilt
Drive Road. So I believe that issue has been addressed and is taken
care of.
The second issue was that there be no access at all, emergency
or otherwise, onto 7th Avenue. The current site plan does propose
an emergency access point there with a gate. That would be up
to -- that would also need to be approved, if it were to be removed, by
the Greater Naples Fire District, as they have authority in this -- over
this lot. I would imagine that they have -- they have actually, sorry,
already asked for a variance request for a fire hydrant and the
emergency access to be located on 7th.
COMMISSIONER SAUNDERS: Let me focus on the
emergency access for a moment.
September 10, 2024
Page 21
MS. COOK: Sure.
COMMISSIONER SAUNDERS: I've been advised that if it's
an open area, not a gate but just an open access, a roadway, that that
would be a situation where parents would have their kids come to the
access point there on 7th Avenue, and they would line up to pick up
their kids on 7th Avenue.
And so we want to make sure that that doesn't happen. That
will create some problems. If there's a gate there, obviously if it's
one that is not easily -- one that you can climb over easily, then that
would be acceptable. Your concern is that the fire department may
reject that; is that what I'm hearing?
MS. COOK: My concern would be that the fire district may
reject removing that access for safety reasons.
COMMISSIONER SAUNDERS: And, obviously, whatever
the fire department requires we're going to comply with. But my
suggestion would be to try to have some kind of a gate there so that
you won't have the problem of people picking up their kids on 7th
Avenue.
MS. COOK: Correct. And the current site plan does show a
gate there.
COMMISSIONER SAUNDERS: Okay.
MS. COOK: But we can certainly make it a condition of
approval that the gate has to remain closed.
Number 3 was that they were requesting a wall be put around
the site. Our Land Development Code does talk about when
nonresidential properties abut residential properties, that a wall,
concrete, masonry, or a fence, could be -- is required. So it doesn't
specifically say it has to be a wall. What they are proposing is a
6-foot chain-link fence.
COMMISSIONER SAUNDERS: Mr. Chairman, if I might
jump in here again. Again, from talking with our staff, I think part
September 10, 2024
Page 22
of the issue would be to shield the neighborhood from the visual of
the facility as much as possible. And the thought was that we could
put -- require a vinyl type of a wall, not a concrete wall, but
something that would be a lot less expensive, a lot less maintenance,
and also more attractive. Can you elaborate on that. Is that
something that we should consider or --
MS. COOK: Yeah. We could certainly request that,
Commissioner. They could do a poly vinyl fence, similar to some of
those white fences that you see around other complexes and utilized
within developments. We could certainly require something like
that.
COMMISSIONER SAUNDERS: All right.
MS. COOK: And then the fourth thing that was requested was
that there be landscaping on the outside of the wall, or fence in this
case.
Our -- the Land Development Code, the landscaping section
speaks to landscaping is required at a minimum of 50 percent on the
outside of a wall on collector or arterial roads such as Vanderbilt
Beach Road. It is silent to landscaping on the outside of walls or
fences on local roads, which 7th Avenue would be a local road.
COMMISSIONER SAUNDERS: I think if we had a vinyl type
of a wall as opposed to a concrete, that perhaps landscaping on the
outside of the wall wouldn't be -- or the fence wouldn't be necessary,
because I'm assuming that that type of vinyl fence would be relatively
attractive; that wouldn't need to be shielded, whereas a cement wall,
you'd want to shield that. And so that's kind of what I would
recommend. I don't know if that's something that staff would
recommend as well.
MS. COOK: We could certainly recommend that.
COMMISSIONER SAUNDERS: Mr. Chairman, what I'd like
today is I don't want to -- I tried to get notice to the folks at Mason
September 10, 2024
Page 23
Classical Academy to be here this morning, and there was really no
opportunity to get them here. I'm wondering if we might want to
delay this for just a couple weeks so that those folks will have an
opportunity to weigh in on this, but I would like to -- the Board at
some point to consider requiring these three requirements and
eliminate the requirement for the landscaping on the outside of the
fence.
CHAIRMAN HALL: Sure.
COMMISSIONER McDANIEL: Now I'm ready.
CHAIRMAN HALL: All right. Commissioner McDaniel.
COMMISSIONER McDANIEL: Yeah. And if you have an
opportunity between now and then, whenever it comes back, Collier
Charter, I believe, out on Immokalee Road, just before you get to
Wilson, we had a circumstance there. They had proposed secondary
access off of 25th, not just primarily on Immokalee Road. And I
actually -- Commissioner Nance approved that and didn't -- didn't
implement the fence, and we put up the opaque plastic -- what do you
call it? It's a fancy name.
MS. COOK: Poly vinyl.
COMMISSIONER McDANIEL: Poly vinyl. A really nice
poly vinyl fence. I highly recommend that -- and there is an
emergency access there that is gated, and it does provide for
emergency access in the event that circumstances are prevalent, and
emergency vehicles can get in and out and/or those students as such
as are needed. So I highly recommend we follow those procedures
because they work and work well.
And I also highly recommend the fire hydrant installation on the
outside of the fence on 7th to offer relief for insurance for the folks
on 7th as well, because there will be public utilities at the school, and
so having that -- having that fire hydrant is, I think, a really important
asset to the community.
September 10, 2024
Page 24
I do have a thought, and that is, you know, we're -- we don't
have a lot of authority here. You mentioned that you wanted to
bring this forward before it's too late. It's already too late. We don't
get to -- we don't get to dictate what the school can or cannot do.
We can only, at this point, offer suggestions and hopefully positive
outcomes for a circumstance here.
So I do want to caution folks that are watching, at this point
we're really only authorized to make these suggestions and have staff
bring them through and hopefully have a complementary developer
that agrees with our suggestions for the enhancement for the
neighborhood.
So -- but I'm fine. And, again, 50 percent of the landscaping on
the outside, if it isn't, in fact, an opaque fence, that's fine. I mean, it
doesn't really matter to me which way. I mean, I think it would
certainly help over time that once the landscaping matures, that that
would be an additional buffer for the residents on 7th.
COMMISSIONER SAUNDERS: So, Mr. Chairman, do we
have any registered speakers?
MR. MILLER: I don't have -- we have no one registered for
10B, sir.
COMMISSIONER SAUNDERS: So what I would suggest is
that we continue this for two weeks.
County Attorney, I think the question is, can we impose these
types of conditions, or are these just requests? And we need to know
that. And you may already have an opinion on that.
MR. KLATZKOW: Well, I have an opinion, but I'll state it in
the legal considerations when this comes back.
COMMISSIONER SAUNDERS: Well, no. What is your
opinion, then?
MR. KLATZKOW: We do have the right to ask them to do a
lot of this stuff.
September 10, 2024
Page 25
COMMISSIONER SAUNDERS: All right. Because I think
it's important for the folks at the Mason Classical Academy to know
that we do have some authority here.
So I would ask -- suggest that we continue this for two weeks,
that Mason Classical Academy be contacted to let them know this is
coming back; that we feel that we have some authority here.
We're -- we want them to do these things.
And I'll make that as a motion, that we move this for two weeks,
that we have these three items that we've checked off to prohibit all
construction traffic from 7th Avenue Northwest; remove all access to
7th Avenue emergency -- well, except for the emergency access;
we'll have a gate there. And then to provide the poly vinyl fence;
and the fire hydrant to be on the outside of the fence.
So I'll make that as a motion to bring this forward in two weeks,
or at our next meeting.
CHAIRMAN HALL: Yes, Jaime.
MS. COOK: To Jeff's point, this did come in as a full Site
Development Plan. They did not use the interlocal with the school
board to apply for reduced review requirements. So to Jeff's point,
you would have the legal authority to ask for these things.
COMMISSIONER SAUNDERS: Great.
CHAIRMAN HALL: Commissioner Kowal.
COMMISSIONER McDANIEL: That's great news.
COMMISSIONER KOWAL: Thank you, Chairman.
I'll just shed a little light on that emergency gate because all the
first responder vehicles in the county have access to the Evac
system -- button system, which we've used in the Sheriff's
Department to get into gated communities. We don't need
somebody to open that gate for you. It's set up. It's on a frequency
that the ambulance, police cars, fire trucks, they hit a button as they're
approaching the gate; the gate starts opening for them.
September 10, 2024
Page 26
So I don't see that fire -- as long as they have a place to enter,
you know, for safety, and deputies to respond in case there's some
sort of incident, that -- having the gate there is not an issue. I know
it's done all over the county with other communities. They have
gates that, you know, the average person doesn't have access through.
So I know that's not an issue. Hopefully they can see it that way.
CHAIRMAN HALL: Commissioner McDaniel.
COMMISSIONER McDANIEL: And with -- it just needs
to -- we need to ensure that the gate is impassable except for vehicle
traffic. The goal with the elimination of the emergency access is to
keep parents from driving by and throwing their kids out by the gate
and letting them walk in that way as opposed to sitting in the traffic
line that -- the queue to get them in.
So as long as that gate does, in fact, prohibit human access
during regular hours, it's fine. I just -- if we follow that model that
we put out on Collier Charter out there on Immokalee Road, it works
really well. I have had no complaints. I think it's your district now,
Commissioner Saunders, but I've had no complaints with people
diving in around the corner and putting their kids out by the gate.
COMMISSIONER SAUNDERS: Okay.
COMMISSIONER McDANIEL: So it's a good model. It's a
grass access. It doesn't do anything other than emergency access
only out onto 25th if something happens there, so...
CHAIRMAN HALL: Well, I think that all three things are a
pretty fair ask, and I think that the academy, once they realize that
that's all it is, I think that we'll be able to work it out. If we have to
bring it back, we'll do it. If they can work it out without coming
back to see us, that's even better.
So we have a motion to extend it for two weeks if needed.
COMMISSIONER KOWAL: Second.
COMMISSIONER McDANIEL: I'll second it.
September 10, 2024
Page 27
CHAIRMAN HALL: And a second. All in favor, say aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN HALL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER KOWAL: Aye.
MS. COOK: Thank you.
Item #10C
REGARDING INTERSECTION SAFETY AND
COUNTERMEASURES THAT MAY ASSIST TO REDUCE RED-
LIGHT RUNNING. (COMMISSIONER SAUNDERS’ REQUEST)
MOTION TO CONTINUE THIS ITEM TO THE NEXT BCC
MEETING WITH SUGGESTIONS ON HOW TO IMPROVE THE
SAFETY OF INTERSECTIONS AND TRAFFIC CONTROLS
AND PROVIDE STAFF RESOURCES FOR OPERATIONS BY
COMMISSIONER SAUNDERS; SECONDED BY
COMMISSIONER MCDANIEL
MS. PATTERSON: Commissioners, that brings us to Add-on
Item 10C. This is a discussion regarding intersection safety and
countermeasures that may assist to reduce red light running. This is
brought to the agenda at Commissioner Saunders' request.
COMMISSIONER SAUNDERS: Mr. Chairman, thank you for
your indulgence in having this on the agenda.
There was -- obviously there was a very tragic accident that
really brought to light -- or not really brought to light, because I think
we know that we have some dangerous intersections, but just brought
this really to a head here.
And what I'd like to do is -- at some point during this hearing, I'd
September 10, 2024
Page 28
like to ultimately ask our staff and our Sheriff's Department to come
back with statistics on the various intersections and come back with
some suggestions on things that we might be able to do to improve
the safety in these -- at these intersections. This was a horrible
accident, and we want to make sure that we're doing everything we
can to keep that from happening again.
I've asked staff to make a presentation this morning on steps that
we have taken and perhaps give us some ideas on things that we
might do in the future. And I do know that we're going to have some
registered speakers on this particular item.
MR. MILLER: Yes, sir.
MS. SCOTT: Good morning. For the record, Trinity Scott,
Transportation Management Services Department head.
Shortly, I'm going to turn this over to our Transportation
Engineering and Construction Management director, Jay Ahmad, and
our chief engineer, Anthony Khawaja, to discuss what we already
have been doing with regard to our traffic signals with our yellow and
all-red clearance.
But I do want to also make mention of the Collier Metropolitan
Planning Organization, which you all sit on with a different hat.
They just recently kicked off their Safe Streets for All comprehensive
safety action plan. This was a federal grant that they received. That
is essentially doing that. They're looking at all of the -- all of our
roadways around Collier County and looking at opportunities to be
able to reduce fatalities and serious injuries.
They just held their first kickoff meeting. They anticipate
having that -- this final plan completed by next summer, and that will
look countywide; not just unincorporated Collier County, but also the
City of Naples, Marco Island, and Everglades City. The county did
participate in that financially with the MPO. So I think that we have
some great analysis that's going to be forthcoming over the next
September 10, 2024
Page 29
couple months with regard to this very specific topic.
The other great thing about that plan is it will open up additional
federal dollars for us, so additional grant opportunities.
So with that, I'm going to turn it over to Mr. Khawaja to talk
about signal timing and yellow/all-red clearance intervals.
MR. KHAWAJA: Good morning. For the record, Anthony
Khawaja, chief traffic operation engineer for Collier County.
It's a sad crash what happened on Logan on Thursday; that was
terrible. But I wanted to take the opportunity to go over how we
time our traffic signals, how we time our yellow interval, and how we
time our red intervals, because it's important to keep in mind that,
you know, there is -- we want to make sure our signals and our
intersections are as safe as possible.
So I'll get started. Of course, our focus is mainly safety and
also to make sure we have capacity, because you don't just want the
yellow or red to be too long, because otherwise people start to drive
them. So you want to time them appropriately and find that sweet
spot where it makes sense to the driver and to the users of the
roadway.
Normally, what we have is two intervals. One is the yellow,
and the yellow is to inform approaching motorists that the green light
is expiring, and it's going to go to red. So what we try to do is give
them enough, approaching at the appropriate speed to the
intersection, to come to a complete stop at the stop bar. So
depending on the speed of that approach, the yellow is calculated.
We also, at the front end here, if you look, this first part of the yellow
is reaction and -- reaction time and noticing the change.
In the past, this used to be one second. Now it's 1.4 seconds to
give motorists a little more time to recognize that the yellow is
changing, start to apply their brakes. So we give them an additional
1.4 seconds to come to a complete stop. So in addition, how long it
September 10, 2024
Page 30
takes them to stop plus 1.4 seconds.
And for those who are going a little too fast or couldn't come to
a stop by the stop bar, we apply the all-red period, and all-red period
is calculated by the width of the intersection plus the length of the
vehicle. So we want that vehicle that ended up entering the
intersection after the yellow, they could not come to a complete stop,
to clear the intersection, and the whole vehicle clears the intersection.
So that's also calculated.
So for each intersection, we calculate the width of the exposure
plus 20 feet for the length of vehicle to go across. And that's the
all-red period, and that's before we release the opposing conflicting
movement.
I want to just give you some examples of some real-life timings
that we have. So on Livingston and Golden Gate Parkway, you
would notice that our yellow is 4.8 seconds, which is enough time for
a 45-miles-per-hour vehicle approaching the intersection to come to a
complete stop. Then if you're going through, we give them 2.6
seconds of all-red to clear the intersection in case they entered after
the yellow has expired.
But for a left-turner, because the conflicting movement is way
out here on the corner where the right-turners are, we give them a
much longer all-red, and that's six seconds of all-red, and that's to
allow that vehicle that's making a left turn to clear the last point of
conflict before we release the opposing right-turners.
Another example is the overpass at Airport and Golden Gate.
I'm giving you some examples that are totally different than the
norm. Again, the yellow for the -- coming off the ramp the speed is
slower. It's -- so it's four seconds, but the all-red is -- that is the
longest red that we have in Collier County, by the way, and it's to
clear from the stop bar where that ramp ends all the way to clear
where the right-turners are, and that's 7.4 seconds.
September 10, 2024
Page 31
So, again, we provide plenty of time for that vehicle to clear the
intersections and get out of the way so the intersection operates
safely. Northbound is -- again, it's different, but it's 6.4. So this is
our longest all-red clearance in Collier County.
What you want to keep in mind is if you're looking at the cycle
length, and let's say the cycle length is 120 seconds for the signals to
go all the way around, normally we would start the cycle by -- where
the green starts, the beginning of the left-turn movement. So this
would be the left turn for the main line, then we have to go yellow
plus red for clearing that movement; then the main line green will go;
then we clear that movement, yellow plus red; then we go to the side
street, green left turns; then yellow plus red; then we go to the
side-street through movement, yellow plus red.
So if you calculate the yellow plus red, which occurs in the
normal cases four times in a cycle, and let's say this was 6.5 seconds
of time. You know, that would be a total of 26 seconds that -- out of
the cycle length that are dedicated to clearing the intersections.
If you take the 26 seconds and you divide that by the cycle
length, which is 120, that's 22 percent of our cycle length is being
used -- I call it lost time because we're not moving traffic, but we're
providing for safety. So it's 22 percent of that cycle.
FDOT and -- you know, did the calculation to help the engineers
and help people who do signal timing, you know, depending on the
speed, what the adequate or appropriate yellow clearance that are
required for each movement. We don't use anything less than 4.0.
So, like, even if the speeds are lower, we still use four seconds, our
minimum yellow at every -- at any signalized intersections.
What's important, that these are covered by the Florida
Department of Transportation Traffic Engineering Manual. They
describe this process very closely -- very careful and clearly in the
manual and uniform traffic control devices, the ITE, the Institute of
September 10, 2024
Page 32
Traffic Engineers, so it's very important to follow it and not to vary
too far from it. Of course, if there's special circumstances, you can
address them, but you want to be consistent so people who are
driving these roads know what to expect.
Questions?
CHAIRMAN HALL: Commissioner McDaniel.
COMMISSIONER McDANIEL: Where's the timing on the
intersection of question?
MR. KHAWAJA: I brought that with me. I thought you guys
might ask.
COMMISSIONER McDANIEL: And I understand, you know,
I'm by no means taking away from the travesty that transpired, and
it's currently under investigation, the accident itself. So we still have
data to come in on what, in fact, transpired.
MR. KHAWAJA: This file, for some reason, is not showing it,
but I can tell them to you. It's 2.7 seconds for the yellow and 3.8 for
the all-red, and --
COMMISSIONER LoCASTRO: But no amount of interval's
going to keep somebody from illegally running a red light.
MR. KHAWAJA: That's the thing. Like, you only can
engineer for the front end of these movements. Like, if somebody's
not paying attention -- distracted driver is a big thing. If somebody's
not paying attention, the yellow change -- the light changed to red,
and they come way after the light has changed, you just can't prevent
that from happening.
COMMISSIONER McDANIEL: If I'm not mistaken --
MR. KHAWAJA: The Collier County sheriff or engineering
cannot help that.
COMMISSIONER McDANIEL: If I'm not mistaken -- because
I'm still on here, Mr. Chair, with regard to this. This item's being
brought forward to have future discussion with our Sheriff's
September 10, 2024
Page 33
Department with regard to the potentiality of some other enforcement
activities, and I would like to see our staff's analysis on the actual
intersection where the accident, in fact, transpired to ascertain if
those -- if those signal timings are, in fact, adequate for that particular
intersection.
We all know we have a hugely constrained roadway system at
all. And so when this item comes back, I'd like to see that analysis
with regard to the specific intersections. Knowing these others is
nice, I mean, because a lot of folks don't know and understand how
this all works. But I think it's imperative when this does, in fact,
come back. I think -- if I'm not mistaken, I saw something in here
with regard to you'd like the Sheriff to come back and espouse with
regard to what we can do to enhance the enforcement side.
MR. KHAWAJA: Yes. I had them ready. I must have saved
the wrong file. I apologize for that.
COMMISSIONER McDANIEL: That's okay.
CHAIRMAN HALL: Commissioner Saunders.
COMMISSIONER SAUNDERS: Yeah. I think
Commissioner McDaniel pretty much covered what I was going to
say in terms of when this comes back. I know we have registered
speakers. Maybe if we go through these, then I will kind of wrap up.
And I'm ultimately going to ask that this be brought back with some
analysis.
One of the things I want to make sure is how you are able to
make sure that these intersection lights are working the way they're
supposed to. And so I want to know what type of maintenance you
have. If there's something that goes wrong, how quickly you are
able to find that out.
I remember many, many years ago -- it wasn't here -- but I
remember there was an accident at an intersection in a town I was in,
and the lights turned green all directions and, obviously, there was a
September 10, 2024
Page 34
major accident. And so things do happen, obviously. That was a
long time ago.
MR. KHAWAJA: Yes, yes.
COMMISSIONER SAUNDERS: With computers and things,
that's -- perhaps there's a fail-safe. But I want some analysis of that
to make sure we're providing you the resources you need to keep
everything working properly.
MR. KHAWAJA: I appreciate that. We'll do that.
MR. MILLER: Mr. Chair, all our registered speakers on this
item are on Zoom. I think we have this squared away now. We're
going to start with Nathalie Ryczek. She'll be followed on Zoom by
Kelly Farrell.
Nathalie, you're being prompted to unmute yourself, if you'll do
that. There you go. You have three minutes, ma'am.
MS. RYCZEK: All right. Good morning. You know, as you
said, my name is Nathalie Ryczek. I am speaking today as a
generally concerned citizen of Naples. I do live in Stonecreek,
which is near Logan and Immokalee in North Naples where that
tragic accident did happen last week. And, of course, it's something
that most definitely could have been completely avoided.
This car accident killed a mother. It severely injured two young
children. This happened all because a semi-truck ran a red light and
struck the mother's car. Sorry, I'm emotional about this because it
affects me deeply.
I'm also a mother who drives through that same intersection
multiple times every single day with my kids. I'm sorry. And it's
heartbreaking to know that this accident was entirely preventable;
that the driver just stopped -- if he could have just stopped when he
was supposed to.
Collier County Sheriff's Office, I know, has reported that there's
minimum -- has been a minimum of 11 car accidents at Logan and
September 10, 2024
Page 35
Immokalee since June. That's at least one car accident a week, and I
don't believe that figure has been updated. But changes need to be
made not only at this intersection but across the entire city itself.
I frequently witness drivers running red lights, and it has
become so common that I 100 percent avoid being the first car at
intersections to protect myself and my family. While I'm not an
expert -- I know you-all have experts for this type of stuff -- but my
suggestion, you know, for some preventative measures for future -- to
prevent future tragedies, one is specifically -- and I feel like it's the
simplest, quickest fix -- is to increase the delay between red and
green lights.
As you know -- I know the man before me was just talking
about how long the delays are and whatnot. Like, my suggestion
was just going to be to implement a longer pause between one side
turning red and the other side turning green. He was saying that the
minimum is four seconds, but then he just specified that at Logan it's
2.7 seconds for the light to turn from one specific color.
But I feel like -- I mean, it could just be even five seconds.
Five seconds can make the biggest difference with saving multiple
different lives. It's not -- or just preventing accidents, too. Even
just installing red light cameras. I come from other cities where I
lived up north where there were red light cameras. I know people
complained about the fees, but I mean, that's what happens when you
have red light cameras or when you want to pass a red light,
essentially, or even to increase patrol presence on all these different
roadways.
I mean, Naples is only going to get busier with the amount of
people that are moving here daily, so something definitely has to be
done to fix that.
I also signed a petition that's being circulated to advocate for the
changes as well. Since it was created on September 5th, at this
September 10, 2024
Page 36
point, there's almost 2,300 signatures and just more to come.
So my hope is that you-all, as our government officials, hear
everyone and make significant changes across Naples so that nothing
like this ever happens again.
MR. MILLER: Your next speaker is Kelly Farrell. She'll be
followed by Kim Aquila.
Kelly, you're being prompted to unmute yourself again, if you'll
do so at this time. Kelly? Kelly Farrell?
(No response.)
CHAIRMAN HALL: All right. We'll come back to her.
Kim Aquila. Kim, you're being prompted to unmute yourself at
this time, if you'll do that for me. There you go, Kim. You have
three minutes.
MS. AQUILA: Thank you, yes. I'm another mother as well
living in Naples, living close to that intersection where that tragic
accident recently occurred. And Nathalie, quite honestly, took the
words out of my mouth and said everything that I would like to
express.
You know, I'm constantly seeing drivers reckless throughout this
town. They're reckless, they're aggressive, they're running red lights,
they're speeding, they're weaving through traffic, and I never see a
police car on the road. I never do. And these issues, they seem to
go unchecked due to many things. But the lack of police presence,
the absence of red light and speeding cameras, they just seem to be
unchecked.
And I'm not the only one -- this recent accident has caused a lot
of commotion, a lot of -- you know, a lot of frustration in the
community, and we're all saying the same thing: Yes, Immokalee's
terrible. The whole town is terrible. These drivers are out of
control. These roads are out of control. This is insane. So it's an
ongoing bigger problem with just the drivers in this -- in this
September 10, 2024
Page 37
community and the fact that it just seems to go unmonitored.
And so, you know, I just echo Nathalie, and I would like to
know what's being done to address this.
MR. MILLER: Would you -- with your -- with your
permission, I'd like to try the -- Kelly Farrell one more time, please,
sir.
Kelly, you're being prompted to unmute yourself, if you'll do so
at this time, Kelly Farrell.
(No response.)
MR. MILLER: We still have nothing from her, sir. Thank
you. That is all we have.
COMMISSIONER SAUNDERS: All right. So,
Mr. Chairman, what I'd like to do is continue this item for a couple of
weeks. I'm not sure how much time staff would need.
Sheriff Rambosk is here, so I -- I don't know if -- before I make
some sort of a motion.
SHERIFF RAMBOSK: Good morning, Commissioners. We
have been reviewing all of the traffic plans since this tragic event. I
can tell you -- I know you want to come back. We want to give a
full and comprehensive presentation on our existing enforcement
efforts.
We have a professional group of traffic enforcement, our stead
(phonetic) bureau. We also have every deputy in the county that has
been included in enforcement. I think what I wanted to do today,
though, not get into that depth of presentation, but we look daily,
weekly, monthly, we hold accountable the district lieutenants for
looking at the number and types of accidents, the cause of the
accidents, which we are going to bring forward to you the next time
that we meet, but I think what is important, I believe, for the public to
know is we are not waiting till we come back and present to you.
We have already started additional enforcement efforts
September 10, 2024
Page 38
particularly in the congested areas. We have a lot of them
throughout Collier County. Some of our residents are not familiar
with the 2,030 square miles that we are here to enforce.
But we are out there right now. We're doing more enforcement.
We're doing more information through different media, and we
would like to come back and give you a full presentation on not only
what we have done, but what we believe needs to be done in the
future.
We've looked at a lot of the comments and recommendations.
We believe in many of them, and we want to support many of them.
We'll come back with ideas and recommendations on how we get
some of those changes made because -- you've probably seen some of
them. Some are not able to be done at the county level. Some have
to be done at the state level. We certainly want to pursue them.
And we have a great working relationship with the
Transportation Department. They help us. We help them with
information. So I think when you put together the engineering,
education, and enforcement as a community effort, we can definitely
make changes going forth in the future.
COMMISSIONER SAUNDERS: Mr. Chairman, that's
my -- my goal was to get that type of a full report and get some input
from you on things that we can do to make our intersections safer,
and that's great. I really appreciate you being here this morning. I
didn't see you in the audience there, so that's why I was getting ready
to make a few words -- say a few words as you were coming up to the
podium.
CHAIRMAN HALL: He's the 10 o'clock certain.
COMMISSIONER McDANIEL: Don't go away, Mr. Sheriff.
CHAIRMAN HALL: Commissioner McDaniel.
COMMISSIONER McDANIEL: I haven't been recognized yet.
Good morning, sir.
September 10, 2024
Page 39
SHERIFF RAMBOSK: Good morning.
COMMISSIONER McDANIEL: How are you?
SHERIFF RAMBOSK: I'm good.
COMMISSIONER McDANIEL: My question is -- and you
and I have lived through the red light camera circumstances back in
the day, and there was violations of privacy rights and 4th
Amendment issues that caused the repeal of those cameras.
Is there -- and it's something -- when we do have -- I'm all in
favor of bringing this back and having a full report. But is there -- is
there prosecution issues with a picture of a tag, or does that have to
be attached to a face?
SHERIFF RAMBOSK: No. There -- in fact, many of the
questions that were of concern when we had red light cameras in
place have been rectified. Many, many cities and counties
throughout the state of Florida are currently using them.
I can tell you that -- I don't have the statistics here with me. I
know we have some statistical information. But I'm going to tell
you that within six months to a year after red light cameras were put
in place, you could visibly see people stopping more than we did
before.
So, you know, one of our positions, when you ask, is that we
absolutely believe in them and think they should be considered.
COMMISSIONER McDANIEL: I -- and I don't want to use
Washington, D.C., as our example, but in several of my trips to D.C.,
if you're riding in an Uber or a taxi, if that light's even thinking about
changing, those guys throw out the anchor and stop, I mean -- and
they're crazier drivers than a lot of our residents are.
So I would like to see the analysis on that if -- you know, I'm
assuming we're going to bring this back. I'd love to have this come
back. I'd love to have some specific data with regard to the signal
timing at the intersection of discussion. But I'm all in favor of
September 10, 2024
Page 40
bringing this back.
COMMISSIONER SAUNDERS: How much time, Sheriff, do
you need, and how much time does staff need to bring this back? I'd
like to bring it back at our next meeting if that's possible.
SHERIFF RAMBOSK: We're ready. We have everything in
place. We've already decided what we want to do for
recommendations.
COMMISSIONER McDANIEL: Let's do it now. Let's go
ahead and do it now, then.
SHERIFF RAMBOSK: Okay.
COMMISSIONER McDANIEL: Two weeks is fine.
SHERIFF RAMBOSK: I can give you my recommendations
right now, so...
COMMISSIONER SAUNDERS: Let's -- this way the public
will be on notice. This was added to the agenda; I added it after the
accident. And so let's continue this for two weeks, Mr. Chairman,
I'll make that motion, at which time the Sheriff will come back with
suggestions on how we might improve safety of our intersections and
traffic control, and our staff will also come back in terms of making
sure that they have the resources to make sure these intersections are
operating as planned. So I'll make that motion.
COMMISSIONER McDANIEL: Second.
CHAIRMAN HALL: All right. Motion and second to extend
till the next meeting. All in favor, say aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN HALL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER KOWAL: Aye.
CHAIRMAN HALL: All right.
September 10, 2024
Page 41
Item #10A
RESOLUTION 2024-169: ADOPT THE ATTACHED
RESOLUTION IN OPPOSITION TO AMENDMENT 3 TITLED
AS ADULT PERSONAL USE OF MARIJUANA, WHICH IF
ENACTED WOULD AMEND THE FLORIDA CONSTITUTION
TO LEGALIZE RECREATIONAL MARIJUANA IN FLORIDA.
(ALL DISTRICTS) - MOTION TO APPROVE BY
COMMISSIONER KOWAL; SECONDED BY
COMMISSIONER SAUNDERS
MS. PATTERSON: Commissioners, that brings us to our
10 o'clock time-certain. This is Item 10A. This is a
recommendation to adopt the attached resolution in opposition to
Amendment 3 titled as "Adult Personal Use of Marijuana" which, if
enacted, would amend the Florida Constitution to legalize
recreational marijuana in Florida. This item is brought to the agenda
by Commissioner Kowal.
CHAIRMAN HALL: Yes, sir.
COMMISSIONER KOWAL: Thank you, Chairman.
Well, a lot on the same lines where we had the resolution a few
weeks back in reference to Amendment 4. I mean, this is basically a
resolution I'm bringing forward, and hopefully my colleagues here
will see the reasoning behind why I'm doing it, and, you know,
bringing attention to the people of Collier County and the voters out
there to basically do their own homework when it comes to these
amendments that you're going to see in November on the ballot.
Twofold reasons behind this, and one I'll just get out front right
now, is that you have to understand that this got on the ballot because
there was a lot of -- lot of money outside of the state of Florida that
paid to have this on the ballot. It's -- you know, it's not really
September 10, 2024
Page 42
internally brought forth by the voters. This was backed by a lot of
money by some big people that want Florida to fail in the future
because they don't like the fact that Florida is -- what we are and
what we stand for is a, you know, sound constitutional conservative
state, and it doesn't -- it doesn't mirror what the rest of the country or
a lot of areas in the country are moving towards, and they don't like
that.
And, secondly, just the -- just the history of -- you know, we just
sat here and talked about accidents on the roads, and now we're
talking about changing an amendment in our constitution to allow a
use of a controlled substance that would definitely increase our
driving while under the influence of a substance on our roadways. It
would slow people's reaction time down, and it would just put a
greater burden back on our law enforcement to enforce this, you
know, let alone dealing with the alcohol, you know, being used
recreationally, you know, and driving, getting behind the wheel of a
car. Now we would have a whole new group of people, you know,
getting in control of a deadly machine like a vehicle and operating
while possibly under the influence of some sort of controlled
substance.
So, you know, it would just definitely increase -- I think we
would see an uptick like they have in other states like California,
Colorado, that have made this move several years ago. And not only
it would bring -- you know, we have to face the facts that, you know,
we do have people that do break the law in this state. We have
people -- you know, drug dealers that will take advantage of having a
new product to sell on the streets legally.
You know, I saw -- I had the opportunity to be through a couple
different decades of working in law enforcement, and we could
see -- you know, drug dealers are people that take, you know, the
chances to -- or to better their business, and the bottom line is to
September 10, 2024
Page 43
make the money. And if you give them an avenue now to sell
something on the street and undercut the legal marijuana being sold
out of dispensaries, they will take advantage of that, just like they
took advantage of the pills when they hit the market, just like they
took advantage of when heroin came back. You know, they switch
up; they change their game. And this is all pushed by the cartels
from South America.
And you'll see it. You'll see it in Florida if this gets passed.
You will see it on the streets. You'll see people buying that from
them instead of from the legal dispensaries, because -- it's just like
anybody else, we're going to bargain shop, right? Well, the people
that use this are going to bargain shop, too, and it's going to dump a
lot of money into the hands of the drug dealers and the people that
you really don't want to have the money to take it out of the system
that aren't going to be controlled.
So -- and the other thing is the access that our children are going
to have to it. You know, an adult 21 years old or older will be
allowed to purchase it. It will be in the homes now. And I know
when I was a kid, when I was 12 years old, I stole my grandfather's
cigarettes and gave them a try, you know. And if it's readily
available and it's legal, that will -- the average children out there that,
you know, kind of understand that it's not legal, or it's not a good
thing to do now are going to see that, well, there's nothing wrong
with it; I could give it a try.
And then we're going to create a whole 'nother generation of
people than don't even understand -- that don't even know that they
have an addictive personality that are going to take the chance now
because it is legal. And the only thing that kept them from trying it
before was they had the wherewithal -- or the internal -- you know, to
obey the law. And then when they do get the opportunity to try it,
they're going to find out that we're going to create a whole 'nother
September 10, 2024
Page 44
addictive society out there that never would have tried it before.
And then who knows what direction it will go from there. You
know, you're going to hear a lot of people say, "Well, you know, our
veterans with PTSD and all these different things, the medical side of
it." We have medical marijuana in the state of Florida. It's very
easy to access. I don't know anyone that's ever been turned down for
a medical marijuana card that I've ever met yet in the state of Florida.
So that's a moot point. And don't believe in that. That's not the
reason behind it.
There are going to be a few speakers here today that are going to
talk on behalf, and there will probably be some that will oppose it.
But just keep an open mind. And I felt this was important to also
bring up and let the people of Collier County know at least how I feel
and hopefully my colleagues up here will join me in that.
CHAIRMAN HALL: Commissioner LoCastro.
COMMISSIONER LoCASTRO: Thank you, Chairman.
We spoke about medical marijuana previously, and this is -- this
is different. This is about recreational marijuana. So I just -- before
we get a thousand e-mails after this BCC meeting is over, I just want
to remind the public that there's a difference. When we talked about
medical marijuana, I don't know about you-all, I got so many e-mails
from people, "Please don't legalize marijuana," and, you know, trying
to explain to them that we weren't -- we weren't doing that at all.
I'm the only commissioner with a legal dispensary in their
district, and it's because the approved dispensary's on Marco Island.
Marco Island's a municipality, so there is a medical marijuana
dispensary on Marco City because the Marco City Council approved
it. And I only say that because when it comes to medical marijuana,
just as Commissioner Kowal said, it is available in Collier County on
Marco, and people come from all over to go to Marco. And, you
know, my expectation is that they're legally obtaining it.
September 10, 2024
Page 45
I visited that dispensary several times unannounced and, you
know, found no issues. They're not breaking the law. And it's on
Marco because it's a municipality.
But just as people come to the podium here -- I remember when
we were having this conversation about medical marijuana, and there
were people that came to the podium and, you know, made some big
points, but their point was about recreational marijuana, which wasn't
the topic.
So there is a difference. And, you know, I welcome this
discussion, but this is something totally different than what we
discussed last time where -- and we did shoot down recreational -- or,
I'm sorry, medical marijuana in Collier County, or we recommended
that we didn't -- we didn't move forward.
And then I said -- you know, I reiterated that there is the ability
to get medical marijuana in Collier County. It's on Marco Island.
Because there were several people that came to the podium and said,
"Oh, we have 100 miles, and we have to go deep into Lee County,"
and, you know, that's not the case. But that's a different issue.
But I just remind the public, there's a difference between
medical marijuana, which is approved and legal in some counties and
in some municipalities, and then this is a different issue about
recreational marijuana that is, you know, coming to the voters.
COMMISSIONER KOWAL: I just want to clarify something
real quick.
CHAIRMAN HALL: Go ahead, sir.
COMMISSIONER KOWAL: Commissioner LoCastro is
referencing to when we put a ban on brick-and-mortar medical
marijuana dispensaries in the unincorporated Collier County. We
did not put a ban on medical marijuana in Collier County.
COMMISSIONER LoCASTRO: Right.
COMMISSIONER KOWAL: You can readily get it through
September 10, 2024
Page 46
the mail. They have delivery services. You can drive to one of the
dispensaries. You can possess medical marijuana in unincorporated
Collier County. I just wanted to make that -- clarify that for people
if they misunderstood what was being said, so...
CHAIRMAN HALL: Do we have registered speakers?
MR. MILLER: Mr. Chairman, we have seven registered
speakers today. We'll begin with Rae Ann Burton, and she'll be
followed by Jessica Liria.
MS. BURTON: Good morning, Commissioners. My name is
Rae Ann Burton, Rural Golden Gate Estates. I'm here today to
request the Board to adopt the resolution opposing Amendment 3,
legalizing recreational marijuana.
Recreational marijuana for personal use, not medical, can help
with pain but also destroys thinking, creates erase burning [sic]
issues.
I went online. The Substance Abuse Medical [sic] Health
Services Administration states, these are the risks.
Brain health: You can lose eight points of your IQ, and it will
not come back after quitting.
Mental health: Can create depression, anxiety, suicide,
psychotic episodes.
Athletic performance is slowed: Your timing, movement, and
coordination.
Also your driving is -- under the influence can create dangerous
effects, slower reactions, line [sic] weaving, decreased coordination,
and difficulty reacting to signals and sounds on the road.
Even a baby's health can be altered because of the -- THC goes
to the baby through the mother's breast milk -- can impact a baby's
health development.
Daily life: Marijuana affects performance on how people react
in life. It shows that marijuana's [sic] likely to have relationship
September 10, 2024
Page 47
problems, worse education outcome, lower achievements, and reduce
life satisfaction.
I have seen some of the effects of marijuana on people that use it
daily. I saw a young man who was bright totally almost become an
idiot because of the use of marijuana. It is not -- it may be good for
health reasons, medical reasons, but for a daily use, no. We already
have enough problems with legalized alcohol being used on our
roads. We don't need people using legalized marijuana on our roads.
I have printouts for everybody here from that report if they
would like them. Thank you.
MR. MILLER: Your next speaker is Jessica Liria. She'll be
followed by Diane van Parys.
MS. LIRIA: Good morning, Commissioners. My name is
Jessica Liria, and I am the director of prevention and education with
David Lawrence Centers.
For my 11 years at DLC, I have spent most of my time working
to raise awareness and educate the community, mostly youth, on the
risks of substance use.
I stand before you today requesting your support for a resolution
against Amendment 3.
In 2016, medical marijuana was legalized in Florida.
Unfortunately, I witnessed firsthand the message sent to our
community's youth. In a strange turn of events, students as young as
10 years old were attempting to educate me on the benefits of using
marijuana, falsely convinced that it was safe and even healthy.
The Florida youth substance abuse survey administered to
middle and high school students the following year proved the
disappointing reality. The overall perception that frequent marijuana
use could cause harm decreased by nearly 4 percent, meaning one in
three students perceived use to be low risk. It took statewide
prevention efforts nearly seven years to recover from this damage.
September 10, 2024
Page 48
Yes, Amendment 3 would allow adults of legal age to use
marijuana recreationally, but we know the underlying message that it
sends to youth. With its legalization, we can anticipate another
decrease in our youth's perceived dangers of marijuana use.
At DLC, we currently have 11 percent of youth in treatment
services diagnosed with a cannabis use disorder. I fear this will
definitely increase if we witness the Amendment 3 passing.
One last thing to consider: 90 percent of adults facing addiction
today started using substances before the age of 18. It is our
responsibility as adults and community leaders to protect their
developing brains from mind-altering substances.
Thank you for your consideration.
MR. MILLER: Your next speaker is Diane van Parys, followed
by Jessica Spencer. Ms. Van Parys has been ceded three additional
minutes from Yvonne Isecke.
Yvonne, could you raise your hand to indicate that you're here.
(Raises hand.)
MR. MILLER: There she is back there, total of six minutes.
MS. VAN PARYS: Thank you.
Diane van Parys, 14-year resident of Collier County. ZIP Code
34119. And I'm here representing Preserve Paradise. We were here
a while back a few months ago with banning medical marijuana
dispensaries. I don't want to speak about that, but now that we have
Amendment 3, I do want to give you some facts from where we are.
We have 885,000 card-carrying members of medical marijuana.
That's an 85,000 increase since the last time I spoke. And what's
really important to understand is there are 673 dispensaries. This
amendment will now allow those dispensaries to be the first to carry
legalized marijuana if that amendment passes with the 60 percent
vote. Trulieve, which has provided $75 million towards this
amendment, they represent 22 percent of the dispensaries in the state
September 10, 2024
Page 49
of Florida. So I wanted to make that comment.
The next thing I wanted to talk about is the car accidents and
everything. Colorado, as Dan Kowal said, did have a 25 percent
increase when they legalized marijuana. I'm from Taxachusettes.
They also legalized marijuana. But in 1980, a study was
commissioned by University of Massachusetts where I went to
graduate school, and it was dealing with the car wrecks that were
occurring in Amherst, Massachusetts. And they did a study and
discovered if a student was on -- drunk, they saw a telephone pole or
a tree, they swerved, and they avoided the accident. If a student was
under the influence of marijuana, which back then, you know,
was -- THC was much less quantity in terms of what it is
today -- they actually went straight for the pole, and they were killed.
That study was done by the police department and University of
Massachusetts. And in 1980, we didn't have the information to put it
out over the computers. I'm sure it's all lost by now, but we are
seeing crash increases in every single state that has put in legalized
marijuana.
The next thing I want to mention is our governor has come out
against the amendment, as we hope you all will do, but we do have
people that have come out for it. And the one thing I want to say is
we certainly don't have money on our side, but we do have the fact
that -- we had Ken Griffin, a billionaire, who came out with
$12 million to fight the amendment.
I don't want to get into national politics. You'll be hearing, but
it started on Labor Day weekend, continued till Sunday night,
President Donald J. Trump that's running for president has come out
in favor of -- in favor of the amendment, but he has also said he
doesn't want it to be used in public spaces, and our legislation will
handle that. Right now that is up for discussion whether or not the
legislation will be able to implement any laws regarding use of the
September 10, 2024
Page 50
legal marijuana.
I would like to say, "Do not California my Florida." California
and all the other states have seen the cartels take over the market. In
fact, California is down $157 million in their tax base for the
legalized marijuana, because they're not getting it. In addition to
that, 21 percent of the legalized marijuana dispensaries have not paid
their cannabis tax to the State of California, so that's another thing.
The taxing issue hasn't been decided. That would be decided by our
legislation.
Now I'd like to take this time to read a message from Don
Hunter. He couldn't be here today.
I learned of your effort to create a resolution to reject
Amendment 3 on the Florida ballot. I had hoped to personally be
present to support your resolution but cannot be present this morning.
I fully endorse your resolution without qualification. As
SWAT commander for eight years as well as commander of vice and
narcotics enforcement, I repeatedly confronted the abuse of
marijuana. Users were found to suffer a condition referred to as a
motivational syndrome, and frequently the same subjects were intent
on self-harm.
Federal lands -- federal lands in the Everglades were used to
cultivate crops, and I personally led teams rappelling in to destroy
these elicit grows.
Operations Everglades and Trident were conducted during my
tenure as commander of both CCSO elements, and these were
entirely the result of organized criminal production and importation
of marijuana.
Finally, the mere presence of pot shops and their
commercialization and advertisement sends a message to our youth
that marijuana is not harmful. Conversely, the potency of
manufactured cannabis product is nearing 100 percent with
September 10, 2024
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synthetics, and our federal government has still not rendered any
opinion that there is an established medical application for cannabis
that supersedes the harm and abusive behaviors with this drug.
We do not need to further this self-inflicted harm by allowing
passage of this amendment. The record in the Rocky Mountains
HIDTA is replete with documented harm.
Don Hunter, former Collier County Sheriff.
So, in conclusion, we appreciate Commissioner Kowal for
bringing this forward, and we certainly hope that you will vote yes on
voting no on Amendment 4 [sic]. Thank you.
MR. MILLER: Your next speaker is Jessica Spencer. She'll
be followed by Steve Brooder.
MS. SPENCER: Hi, good morning.
My name is Dr. Jessica Spencer, and I am the director of
advocacy for the "Vote No on 3" campaign. May it please the
Commissioners.
I want to thank Commissioner Kowal for putting this forward.
I certainly hope that the rest of the commissioners please vote and
back him up on this.
I first want to say thank you. As a community and as the
community members being here, this is wonderful to see, and it's
important to see that your constituents are interested in not only what
is happening in all of the other issues, but especially this one.
Four, perhaps the most important reason, that this is a
constitutional amendment, and constitutional amendments are forever
enshrined in our state constitution, and it is extremely difficult, if not
impossible, to legislate our way out of the language.
A lot of highlights have been made already in opposition that I
completely agree with, but I do want to highlight a couple of
important things that if you have not read the amendment, please do
so. It is important to recognize what is not only written but what
September 10, 2024
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also is not written.
Again, thank you for creating a culture of protection for not only
your beautiful county but, effectively, our state. This is about a
monopoly coming in and spending $75 million to ensure this passage.
In other states, there is an allowance for small business. This
amendment does not allow that. This is about corporate greed.
This is not about personal freedom.
Many are interested in the personal freedom aspect to be able to
grow their own marijuana. And, unfortunately, the author for those
individuals -- unfortunately, the author did not include the word
"cultivate" for personal individuals; however, the word "cultivate"
does fall under the medical marijuana treatment centers that would
automatically be allowed to have a recreational dispensary. Huge,
important issue for people that want to have personal freedom.
The other big point that has already been brought up but I would
like to put out there for everyone to understand that they anticipate
this being a $6 billion industry, not only making it the largest legal
cannabis market in the nation, but the world. Florida doesn't deserve
to be on the map, not only in our country but internationally, as the
largest recreational cannabis capital.
Not only does it allow that, the author wrote in "Possession limit
of 3 ounces," which is the largest amount in our nation. No other
state that has marijuana recreational allows for that much.
It also allows for smoking everywhere. It does not ban public
smoking, and we will have this and smell this everywhere in not only
Collier County but our entire state.
Please support this resolution and vote no on 3.
MR. MILLER: Your next speaker is Steve Brooder, and he'll
be followed by Lenard Rutkowski.
MR. BROODER: Good morning, Commissioners. Steve
Brooder with the St. Matthew's House.
September 10, 2024
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We've already covered several things. I just want to add, as an
organization that deals with addiction and homelessness every day,
we believe that Amendment 3 would lead to more addictive behavior,
more homelessness, and we're really concerned about the effect or
impact on our children, young adults subjected to widespread
marijuana use.
The amendment doesn't limit where people can smoke
marijuana. Amendment 3 will change Florida forever, as marijuana
would be all over the place, just like Colorado and California.
Passage would mean more impaired driving, more respiratory
issues, more heart disease, and more addiction for adults and
children.
Marijuana is still a Schedule 1 drug, which means there's no
medical use for it, and there's a high propensity for abuse, placing it
alongside drugs like heroine and LSD.
The amendment carries the nation's highest limit, as Dr. Spencer
just mentioned, which is equal to 100 joints. In the '70s, marijuana
typically contained 2 or 3 percent THC content. Today it's as high
as 90 percent THC content. Can you imagine 100 joints with that
level of THC, what that could do?
High-potency products are more addictive and result in worse
health outcomes for users, especially teens and young adults. Higher
THC content has stronger effects on brain function, specifically
memory, learning, attention, decision-making, coordination,
emotions, and reaction time. States that have legal marijuana have
seen an explosive black market, as was mentioned, and increasing
rates of youth drug use.
Street marijuana will proliferate. The black market will price
below the retailers. Young people are more susceptible to the
adverse effects of marijuana. Research has shown long-term use in
young adults causes psychiatric disorders such as depression, bipolar
September 10, 2024
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disorder, and schizophrenia, and this is especially in young men.
If a user is below the age of 18, they are seven times more likely
to develop cannabis-use disorder. More teens seek treatment for
marijuana use than any other drug today. And the new national
study found that for both male and female young adults who are daily
marijuana users, violent behaviors are nearly twice the violent
behavior rate of those who do not use marijuana.
St. Matthew's House urges this board today to vote in opposition
of Amendment 3. Thank you.
MR. MILLER: Your final registered speaker on this item is
Lenard Rutkowski.
MR. RUTKOWSKI: Good morning. I'm Lenard Rutkowski.
I'm a retired neurosurgeon. As a speaker, I have been before this
city commission, lectured at Ave Maria Law School, and commented
on the Internet expounding the perils of recreational marijuana.
I will defend every word I say with documented medical
literature from the non-biased sources and institutions.
Two, there are multiple side effects, untoward consequences of
using marijuana, especially in young adulthood and in long-term
usage for adults themselves. Again, specifically requested, you can
contact me, and I'll provide my e-mail or make a personal
appointment to answer any of your specific questions.
Three, common sense is a realization that you will -- that youths
will have access to marijuana as they have over the decades with
alcohol. This would be a consequence of widespread marijuana
availability. It opens the door to abuse.
Number four, in reality, this is not a positive health issue as
propagandized by the tens of millions of dollars by those marketing
this drug.
Next, my major point is there is no doctor control in the
distribution and monitoring. The marijuana industry has phone
September 10, 2024
Page 55
doctors paid to rubber stamp applications and to denigrate the
professional standards of "do no harm" as we live by.
Next, rest assured money dictates this movement, not
compassion. One argument is free will. If you want youths to
suffer the consequences of marijuana in conjunction with alcohol and
other drugs as a gateway drug, that's a decision made by society.
God help us.
Lastly, I pray common sense is used for the long-term benefit of
the society.
Thank you.
MR. MILLER: That is our final speaker for this item.
COMMISSIONER KOWAL: Could I just --
CHAIRMAN HALL: Go ahead.
COMMISSIONER KOWAL: I have to apologize. I've
had -- I got a bad earache today, but our Sheriff's here right now. I
know he wanted to say a few words, and then I was trying to prompt
our County Manager to read the actual resolution, but we jumped
ahead, so I'm sorry.
SHERIFF RAMBOSK: Good morning, again, Commissioners.
I spoke with Commissioner Kowal and wanted to let him know
how our position and the position of the Florida Sheriffs relates to the
support of his request.
You know, first of all, I think for over 40 years, I've been
fighting elicit drugs. I started as an undercover narcotics officer,
became the commander of the Collier County Narcotics Unit, then on
to being the Chief of Police and the Sheriff of Collier County.
Throughout that time, I've seen a lot of what was discussed here
this morning and certainly support that, so I'm not going to go over
all of that again.
But I think a couple of important things, as a member of the
Florida Sheriffs Association, we took a position and did a
September 10, 2024
Page 56
proclamation, both individually supported by me and collectively
supported for the state of Florida sheriffs. You know in 2020,
24.3 percent of drivers involved in fatal traffic accidents tested
positive for marijuana. That is up from 14.3 percent the decade
before, and that's before we had medical marijuana. That's before
we're talking about recreational marijuana. So it's already there.
I've spent time with the Florida Sheriffs Association and the
National Sheriffs Association around the nation being present at and
providing information. One, listening many times to the state of
Colorado law enforcement speaking about the impacts that they've
seen since the approval of recreational marijuana; all negative, by the
way.
One of the interesting things was, you know, it says, well, there's
going to be tax revenues benefit to the State of Florida, and in
Colorado, they determined that for every dollar in tax revenue, it was
offset by $4.50 worth of healthcare utilization and lost productivity,
which I thought was really pretty interesting.
The commissioner already mentioned that it has failed to curtail
black market use. I mean, let's face it, black market operators and
cartels, they do not want to be regulated. They are not going to be a
part of this. So we are still going to have to fight that.
And the other thing is, states that have implemented recreational
marijuana, their crime rates have grown faster than those without,
which I thought was a pretty telling situation.
So I'm just going to read this last section, because I don't want to
misrepresent what the Florida Sheriffs collectively have said. And
I'm not going to read the whole resolution. But the Florida Sheriffs
believe the efforts to legalize recreational marijuana is contrary to the
interests of public safety, health, and welfare, and it desires to
preserve the rights of citizens to live and work in a community where
drug use is not normalized and the citizens are not subjected to the
September 10, 2024
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adverse effects of drug misuse.
We can't even handle alcohol, so this is not going to do any
better. Thank you.
CHAIRMAN HALL: Thank you.
Before we go to the -- before we read that, County Manager, I
think we're trying our best to get to a -- to get to a vote. So if we can
keep our comments a little bit brief, I'd like that.
Commissioner LoCastro.
COMMISSIONER LoCASTRO: Thank you, Chairman.
I just to want say this one's a no-brainer for me to support, just
like Amendment 4 was.
But one of the things I wanted to ask Mr. Klatzkow for the sake
of the record is to explain what a resolution is and what it isn't.
When we unanimously passed the resolution for Amendment 4, how
many of us got e-mails from people that said, I can't believe you've
taken away my rights as a woman. "I can't believe you've changed
the law. I can't believe you've done this." And the resolution did
none of those things.
So just for the sake of specificity and accuracy, before we take a
vote, Mr. Klatzkow, can you just give us a short summary of what we
might be about to do here if this passed and what passing a resolution
does and what it doesn't do.
MR. KLATZKOW: When the Board passes an ordinance, it
creates legal obligations on people. When the Board passes a
resolution, it simply states what the Board's position is on an item.
COMMISSIONER LoCASTRO: Right.
MR. KLATZKOW: It's not binding on anybody.
COMMISSIONER LoCASTRO: It doesn't change the law. It
doesn't -- we're not putting pressure on voters. We're just mainly
stating our position on this particular --
MR. KLATZKOW: Yes, sir.
September 10, 2024
Page 58
COMMISSIONER LoCASTRO: Thank you.
CHAIRMAN HALL: Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes, good morning.
You know, I've been -- I've been thinking a lot about this, and
I'm going to support the resolution today, Commissioner Kowal.
Your intent -- I really appreciate your intent with this.
You and the Sheriff laying in the ditch trying to apprehend
people who have been illegally selling drugs at all, I can't even -- I
can't even come up with what, imaginably, you've experienced in
your life.
My support of the resolution prominently has to do with its poor
written condition. Now, the one question I have, in the resolution
itself I noticed that you added -- I assume you added, somebody
added it in here, because my understanding of the actual amendment
doesn't provide for cultivation, but in the heading -- "cultivation" is in
the heading of this resolution.
And so I wonder if maybe we should minimize the verbiage up
top and just suggest -- suggest that folks edify themselves. You
brought that comment up early on and, in all candor, it's what sold me
on supporting this resolution, and that's how important it is for our
public to edify themselves with regard to an amendment, the
codification of an amendment such as this into the Constitution
without seeing the law, and that's an important factor for folks to
understand.
The law is going to be created if, in fact, the amendment passes.
And that -- and we have little to no input on that law. That's my
concern. That's my rationale for supporting your resolution here
today.
I'd like to change the language so that it just specifies the -- it
doesn't actually add in that cultivation process on it.
I have other thoughts. I have other -- I have other -- I have
September 10, 2024
Page 59
other comments as we go forward. If this passes, I want us to bring
back some recommendations to our legislature on how to manage that
inevitable tax increase. We have had several speakers here with
regard to mental illness, mental health at large. If, in fact, this
passes -- and right now it's polling pretty high. It's polling pretty
high.
If it does pass, I want to better manage the tax revenue and have
mandates from the State to bring those revenues back to the
community so that we can deal with the mental wellness of our
community and have that mandated coming back.
You know, President Trump's recommendations or suggestions
with regard to the inordinate amount of expense within our judicial
system, within the incarceration of folks that have been arrested for
theoretical de minimis possession, those, as this, are legislative
issues. Those are things that need to be dealt with at the legislative
level and not in a constitutional amendment.
So those are my -- are those comments short enough, Mr. Chair?
Okay.
COMMISSIONER SAUNDERS: No. If you could shorten
them, that would be great.
CHAIRMAN HALL: Yeah. Too late.
COMMISSIONER McDANIEL: I'm going to support
the -- I'm going to support the resolution. How's that?
CHAIRMAN HALL: Commissioner Saunders.
COMMISSIONER SAUNDERS: Thank you.
First I want to thank Commissioner Kowal for bringing this
forward. I expect this to be a 5-0 vote.
I will say -- I've got a couple comments on it. But in reference
to the word "cultivation" in the title, along the lines of "words
matter," it does say delivery and sale of recreational marijuana, so it's
only dealing with recreational marijuana. It's not dealing with the
September 10, 2024
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legal cultivation of cannabis for medical purposes, so I don't know
that there's a problem with that, but -- because again --
COMMISSIONER McDANIEL: That's fine. I just saw it
coming up there when I was reading it, and I wanted to bring that
forward, so...
COMMISSIONER SAUNDERS: So in terms of just a few of
the comments, Commissioner Kowal's statements were correct. If
you take a look at what's happened in Colorado -- and one of the
reasons why criminal gangs support these types of amendments is
because it increases the number of users of marijuana. If you
legalize recreational marijuana, you're going to have a whole lot more
people using marijuana, and that's good for the illegal market
because, as Commissioner Kowal said, the illegal market, they'll
undercut the price of the legal market, and you'll just have a lot of
folks that are trying marijuana. You'll have an increase in the
number of marijuana users. Then you'll have also the
hospitalizations and everything, traffic accidents, that go along with
it.
This legalization of recreational marijuana has not worked well
anywhere in the country where it's been adopted. It will not
work -- would not work well in Florida, and I just want to applaud
Commissioner Kowal for bringing this forward. I support this
resolution wholeheartedly.
CHAIRMAN HALL: I'll just follow suit with, I like -- I like
cultivation. I wish it even said "imagination." I'm wholeheartedly
behind you. So if you want to make a motion to get this --
COMMISSIONER KOWAL: Yeah. I would like to, if we
could, read the actual resolution into the record, and then I'll make a
motion. After that --
MS. PATTERSON: Yes, sir.
This is Resolution 2024, number to be determined on adoption, a
September 10, 2024
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resolution of the Board of County Commissioners of Collier County,
Florida, opposing the legalization of the use, possession, cultivation,
delivery, and sale of recreational marijuana.
Whereas, the Board of County Commissioners of Collier
County, Florida, has been made aware of Amendment 3, a proposed
amendment to the Florida Constitution that is scheduled to appear on
the November 5th, 2024, ballot; and,
Whereas, Amendment 3, titled as Adult Personal Use of
Marijuana, would amend the Florida Constitution to legalize
recreational marijuana by allowing adults 21 years or older to
possess, purchase, or use marijuana products and marijuana
accessories for non-medical personal consumption and allowing state
licensed entities to acquire, cultivate, process, manufacture, sell, and
distribute such products and accessories; and,
Whereas, since 2012, several states have legalized the
cultivation, commercial sale, and recreational use of marijuana; and,
Whereas, the legalization and commercialization of marijuana
have spurred the growth of a profit-driven marijuana industry that has
pursued its profits ahead of pubic health; and,
Whereas, between 2012 and 2022, the number of past-year
marijuana user nearly doubled from 31.5 million to 61.9 million; and,
Whereas, between 2020 and 2022, the number of Americans
with cannabis-use disorder increased from 14.2 million to 19 million
based on the DSM-V criteria; and,
Whereas, in 2022, more than 30 percent of past-year marijuana
users had a cannabis use disorder; and,
Whereas in 2022, there were more past-year daily or almost
daily users of marijuana than alcohol, with 15.1 million and
11.7 million respectively; and,
Whereas, following legalization in California and Colorado,
emergency room visits and admission related to marijuana abuse is
September 10, 2024
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up 89 percent in California, and marijuana-related hospitalization in
Colorado increased 148 percent; and,
Whereas, the Board believes that the effort to legalize
recreational marijuana is contrary to the interest of public health,
safety, and welfare, and desires to preserve the rights of citizens to
live and work in a community where drug use is not normalized and
citizens are not subjected to the adverse effects of drug misuse; and,
Whereas, the average potency of marijuana increased from
3.75 percent THC in 1995 to 15.80 percent in 2018. The use of high
potency marijuana is associated with the development of anxiety,
depression, psychosis, and schizophrenia in addition to cannabis use
disorder; and,
Whereas, our roadways must remain safe for our citizens to use,
and the legalization of marijuana runs contrary to the goal of keeping
our roadways safe for our citizens. In 2020, 24.3 percent of drivers
involved in traffic fatalities tested positive for marijuana, up from
14.8 percent in 2013; and,
Whereas, advocates of marijuana legalization routinely
overestimate the revenue that will be collected and fail to account for
the limited marijuana tax revenue collected is offset by even greater
costs to taxpayers, ranging from additional healthcare costs to more
students dropping out of high school; and,
Whereas, in Colorado, every one dollar in tax revenue from the
sale of marijuana was associated with $4.50 in costs ranging from
increases in healthcare utilization to lost productivity; and,
Whereas, all states that have legalized marijuana have failed to
curtail the illicit market, and drug cartels continue to exploit these
black market sales because they do not want to operate within a
regulatory system; and,
Whereas, states that have legalized marijuana have had a
profound impact on rates of youth use coinciding with decreases in
September 10, 2024
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risk perception and increases in illicit behavior; and,
Whereas, a 2022 analysis of a longitudinal cohort study of
21,863 individuals found that youth in states with legal recreational
marijuana were more likely to use marijuana than youth in nonlegal
states; and,
Whereas, a recent study found that recreational marijuana
legalization was associated with a 25 percent increase in adolescent
marijuana use disorder; and,
Whereas, marijuana legalization advocates have argued that
legalization will reduce overall crime, but in legal states marijuana
crime rates have risen at a faster rate than other states across the
country.
Now, therefore, be it resolved that the Board of County
Commissioners of Collier County is strongly opposed to the
legalization and commercialization of recreational marijuana and the
proposed Amendment 3.
COMMISSIONER KOWAL: All right. That's a mouthful. I
would like to recommend -- make a motion to pass this resolution.
COMMISSIONER SAUNDERS: And, Mr. Chairman, maybe
the record should reflect the four seconds to this motion?
CHAIRMAN HALL: Four seconds.
COMMISSIONER McDANIEL: Perfect.
CHAIRMAN HALL: All in favor, say aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN HALL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER KOWAL: Aye.
CHAIRMAN HALL: 5-0.
(Applause.)
MS. PATTERSON: Commissioners, time for a court reporter
September 10, 2024
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break?
CHAIRMAN HALL: It is time for a break, yes. We'll see you
back at 11:05.
(A brief recess was had from 10:52 a.m. to 11:05 a.m.)
MS. PATTERSON: Chair, you have a live mic.
CHAIRMAN HALL: All right, County Manager, what does
that bring to us?
Item #10D
THE COUNTY ATTORNEY, WORKING WITH STAFF, TO
TAKE LEGAL ACTION AS NECESSARY, INCLUDING FILING
A LAWSUIT OR CODE ENFORCEMENT CASE, WITH
RESPECT TO AN OWNER OF TWO DOGS WHO SHE LETS
RUN FREE AROUND THE NEIGHBORHOOD.
(COMMISSIONER SAUNDERS’ REQUEST) -
MOTION TO DIRECT THE CAO TO ENFORCE THESE LIENS,
INCREASE THESE LIENS IN THE ORDINANCE REWRITE,
AND INCREASE ANY FINES THROUGH THE SPECIAL
MAGISTRATE THAT CAN BE LEVIED IN THIS CASE BY
COMMISSIONER SAUNDERS; SECONDED BY
COMMISSIONER HALL
MS. PATTERSON: Commissioners, that brings us to our
add-on Item 10D, and after we do this one, I'm going to suggest that
we go to the -- one of the items that was pulled relative to the
unpaved roads, because we have a lot of folks there. So let's take
10D, and then we'll go to that one.
10D is a recommendation to direct the County Attorney,
working with staff, to take legal action as necessary, including filing
a lawsuit or code enforcement case, with respect to an owner of two
September 10, 2024
Page 65
dogs who she lets run free around the neighborhood. This is brought
to the agenda by Commissioner Saunders.
CHAIRMAN HALL: Commissioner Saunders.
COMMISSIONER SAUNDERS: Mr. Chairman, the reason I
brought this forward is we're always looking for ways to protect our
neighborhoods and increase code enforcement and just make sure
that people are complying with the rules.
From my understanding, this is a situation where I believe there
are two pit bulls, which makes it a little bit scary, but there are two
pit bulls that, over a long period of time, a couple years, the owner
has simply let the dogs run loose at night in the neighborhood, and a
lot of the neighbors are concerned about whether these dogs might at
some point be dangerous, whether they may be dangerous to people
or to other pets, especially to kids.
And so I was somewhat, quite frankly, outraged when I looked
at the citation history going back to 2021. It's in your agenda packet.
But there are numerous citations, what looks like thousands of dollars
in fines, none of which have been paid, or the bulk of which have not
been paid.
And I thought it would be appropriate to have that property
owner come back in front of us or, in lieu of that, simply direct the
County Attorney to take all possible action to enforce our rules. It's
illegal to let your dogs run loose. It's not animal abuse. The dogs
are well fed, well cared for. But I know if, I was -- if I knew there
were two pit bulls in my neighborhood running around at night, I'd be
a little bit nervous about going out.
So I think this is one of those things where I'd like to see the
Board take some action to direct the County Attorney to get ahold of
the property owner and let them know that a lawsuit's going to be
filed. We're going to do what we need to do to protect the
neighborhood.
September 10, 2024
Page 66
CHAIRMAN HALL: Do we need a motion, or you just got
your direction?
MR. KLATZKOW: No, you need a motion, sir.
COMMISSIONER SAUNDERS: All right. So if -- unless the
Board wants me to bring this back, I'll make a motion.
CHAIRMAN HALL: All right. Commissioner McDaniel.
COMMISSIONER McDANIEL: First of all, if you want to be
scared, come to my neighborhood with what's running around.
MR. KLATZKOW: You've got panthers.
COMMISSIONER McDANIEL: Panthers and bears, oh my.
My question is -- and, again, I'm going to support your motion,
depending on what your motion, in fact, is, Commissioner Saunders.
But how can this get to this point? How -- these fines have
been -- and this is -- you know, we all know Mr. Kemp. I've talked
to him regularly.
How can we enhance this enforcement effort to stop this from
going on? This circumstance has been going on for at least three
years. One fine was paid, all these other fine citations have been
issued, and no enforcement's actually transpired, and that's my --
Jamie, you want to you come up and address that?
MR. FRENCH: Good morning, Commissioners. For the
record, I'm Jamie French, your department head for Community
Development/Growth Management.
So as we've started to review this, as the Board is aware, for the
last probably four and a half months, Domestic Animal Services in
that function, to include the animal control officers, have been
reassigned under our group.
One of the things that we're working with your advisory
committee on is, you know, the fines, the ordinance itself. We
believe that the fines are probably too low in this particular case.
We recognize that the property owner's probably letting their
September 10, 2024
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dogs run on purpose. They don't live in this neighborhood. The
property owner's been liened for these multiple violations. They've
only paid one fine. The animals are someone's personal property, so
we can't take them, as the commissioner had indicated is that the dogs
look like they're well taken care of. They're pretty healthy. I mean,
they did do some property damage to a rain gutter, so they're spry.
But at the end of the day, staff would just ask to continue to
work with the County Attorney's Office and your
subcommittee -- I'm sorry -- your advisory committee. We think
that you increase the fine -- the way the lien works, we don't go
against their property. We go against their credit. So it would go
through a collection agency, but perhaps if we increase that
substantially versus a 100, 200, $300 fine, if we make it much more
like your consolidated code enforcement ordinance to where it's a
minimum of $2,500 -- I think that if you hit somebody in the wallet
enough, you'll get their attention. And we hate to do it. Clearly, our
path is for education so that we can prevent this from ever happening
again, but in this particular case we do believe that it's probably on
purpose.
COMMISSIONER McDANIEL: My question, Jamie -- and,
again, I don't -- I'm not necessarily suggesting that we jump to 2,500
on the first date, but this is certainly a frequent flyer here that -- and I
don't know -- you know, in my world, if you lien someone's primary
residence, you don't ever get to collect that unless we pursue it on a
legal level.
MR. FRENCH: Same way with a personal lien and then,
unfortunately, you typically go through a collection agency, and then
now you're -- you could very well be into a bartering situation to
where they're willing to pay off the lien if the Board's willing to
reduce it. No different than what you've had before on properties.
COMMISSIONER McDANIEL: Right.
September 10, 2024
Page 68
CHAIRMAN HALL: Commissioner LoCastro.
COMMISSIONER LoCASTRO: Thank you, Chairman.
You know, I'm all for chasing down a person that has, like, an
unbelievable track record of breaking the law, but I'm more
concerned with the bigger process. So, yeah, I'll support this if this
is a person that fell through the crack. But I think our job here is to
fill the cracks, not chasing down the onesie, twosies that go around
the corner and whatnot. That's still bad. And so, like I said, it
doesn't make me not want to support this.
But, you know, then I'd defer to you and go, is this an anomaly?
Is this -- this is the only person in Collier County that has fallen
through the cracks? So we have to take immediate action here,
which I would take. I'd totally support it. But I think the answer is,
there's a lot of these cases.
So this came to Commissioner Saunders, and I applaud him for
bringing this case, but I think the bigger thing for our commissioner
meeting isn't this case. It's the overall process.
So, you know, we'll have a unanimous motion, and somebody
will chase down this owner, but I'm more concerned with the ones
that didn't come to our attention that have a five-page list of
violations that, you know, nobody knew about. So I think the
homework assignment here is regardless of what we decide
here -- and I know we're going to decide some sort of immediate
action -- but, you know, Mr. French, to you I would say, in answer to
Commissioner McDaniel's question, how did this happen?
If it's an anomaly, it's a weird person that just sort of got away
with it -- but it sounds like it's a well-known violator. Well, how
about all the other well-known violators? So, you know, now that
we've changed the senior leadership and you're really leading
strongly from the front, I'd love you to come back and use this case as
an example, but -- to address the overall bigger issue.
September 10, 2024
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And you mentioned a few things. Huge fine increases, I'd be all
for that. And just like we were talking about some things that we
could do to keep people from running red lights, I think there's some
aggressive things that we need to pull the trigger on quickly that will
make cases like this much less. Not zero, but much less.
But let me ask you this: Is this a unique, one-of-a-kind case, or
are these all over Collier County?
MR. FRENCH: I think it's unique in the nature that we know
who the dogs belong to. I think what is pretty common is people
allowing their pets to be unsecured.
COMMISSIONER McDANIEL: Right.
MR. FRENCH: And they're not microchipped. We have no
idea. And we use a lot of taxpayer dollars to try to reunite people
with their pets or get them medically treated through the use of our
staff and volunteers. We do our very best to get them adopted in
short order. But, no, it is not uncommon to see animals loose
that -- where you've got pet owners that are irresponsible.
COMMISSIONER LoCASTRO: So my position is I want to
fully support this, but I want to empower the County Attorney to not
only go after this person here, but let's figure out where the crack is.
And our job is much bigger than just chasing down one person who's
letting two dogs out, which is horrible, and I'm glad that
Commissioner Saunders brought it. But I think this example better
not end with our unanimous vote here and then we go, "Oh, great.
We caught that one person." And I know that's not what
Commissioner Saunders is implying.
I think he's done a great thing by bringing a really, really
significant, horrific, unacceptable example that is probably similar to
many others that are out there. So I hope this doesn't end with just
our unanimous vote, which I expect would be unanimous, and then,
okay, great, we caught the one person, right? I think that's what
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we're both saying here.
COMMISSIONER McDANIEL: I'm not here for the one. I'm
aware of many others, maybe not as much of a frequent flyer as this
one from the documentation. I mentioned Tom Kemp earlier. But I
concur 100 percent, I want to fill the crack. This circumstantially
needs to be stopped.
MR. FRENCH: Thank you, Commissioners. I will tell you
that this is part of our ordinance rewrite that we'll be bringing back to
you for consideration with working with your advisory committee.
Again, this is a very -- as we've mentioned before as to both you and
the advisory committee, is that this ordinance is exceptionally dated,
has not been updated. We'll probably remove things like dolphins
from it. It's -- as I said before, it's a pretty old ordinance --
COMMISSIONER McDANIEL: Right.
MR. FRENCH: -- and it is -- it's a little bit larger than I
anticipated when I took on this assignment four and a half, five
months ago.
COMMISSIONER McDANIEL: Got it.
COMMISSIONER SAUNDERS: Did you say dolphins?
MR. FRENCH: Yes. Porpoises are in there, in the current
ordinance.
COMMISSIONER SAUNDERS: It's illegal for people to let
their dolphins around the neighborhood?
MR. FRENCH: Or to go unlicensed, perhaps.
CHAIRMAN HALL: Commissioner Saunders.
COMMISSIONER SAUNDERS: Thank you.
Actually, I brought this forward for two reasons. One was to
deal with this particular item, but also to bring awareness to the fact
that we do have a problem. And the way we enforce these
liens -- you know, filing a lien doesn't really get you anywhere until a
property is sold, but we can take these -- I'm assuming we can take
September 10, 2024
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these fines and file a lawsuit and start collecting the more traditional
way if necessary; is that correct, Mr. Klatzkow?
MR. KLATZKOW: Yes, sir. We can certainly make -- give
her the incentives to comply.
COMMISSIONER SAUNDERS: Okay. And so I think we do
need to update the fine level. I think, in this particular case, we need
to increase the numbers of fines that we're imposing and file a lawsuit
and begin a collection process, because this person has been getting
fined since July of 2021, and no real response other than basically to
say she's just going to keep on doing it.
So the motion is to direct the County Attorney to take legal
action to enforce these liens and for staff to increase the liens or the
fines for these types of things in the rewrite, and in this particular
case, if there are other fines that could be levied, to do so, because
this is one of those really egregious matters.
MR. KLATZKOW: Fines are levied by Special Magistrate.
We can certainly talk to him.
COMMISSIONER SAUNDERS: So that's the motion,
Mr. Chairman.
CHAIRMAN HALL: I'll second it. Motion and second. All
in favor, say aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN HALL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER KOWAL: Aye.
CHAIRMAN HALL: All opposed?
(No response.)
CHAIRMAN HALL: So moved.
Item #11C
September 10, 2024
Page 72
DIRECT THE COUNTY ATTORNEY TO ADVERTISE AND
BRING BACK FOR A PUBLIC HEARING AN AMENDMENT TO
ORDINANCE 2023-71 TO REMOVE ROADWAYS THAT ARE
NOW IN A PASSABLE CONDITION, ADD ROADWAYS THAT
HAVE SINCE BEEN DEEMED IMPASSABLE BY THE
INDEPENDENT FIRE DISTRICTS AND REMOVE THE 1.0000
MIL CAP OF THE AD VALOREM MILLAGE RATE.
(COMMISSIONER MCDANIELS’ REQUEST) - MOTION TO
CONTINUE THIS ITEM TO THE NEXT BCC MEETING BY
COMMISSIONER LOCASTRO; SECONDED BY
COMMISSIONER MCDANIEL
MS. PATTERSON: Commissioners, if you're willing, let's take
Item 11C, which is formerly 16B1. This is a recommendation to
direct the county to advertise and bring back for a public hearing an
amendment to Ordinance 2023-71 to remove roadways that are now
in a passable condition, add roadways that have since been deemed
impassable by the independent fire districts, and remove the 1 mil cap
of the ad valorem millage rate. And this is brought to the agenda at
Commissioner McDaniel's request. And I believe we do have a
good number of public speakers, but first, Ms. Trinity Scott, your
department head for Transportation Management Services, is here to
present and/or answer questions.
COMMISSIONER LoCASTRO: Mr. Chairman, may I say
something brief before?
CHAIRMAN HALL: Sure.
COMMISSIONER LoCASTRO: First off, this is in my district,
but it's similar to some things that are in your district as well when it
comes to roads. But I just wanted to set the table here and say,
Ms. Scott, you've done so much work on this, the way you've pulled
September 10, 2024
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all the citizens together. You know, I got an unbelievable amount of
e-mails in the beginning, and there was a lot of -- a lot of work that
needed to be done to talk to EMS and all of our first responders, and
you've done all that.
So make no mistake, she's not coming to the podium here and
we're at step zero. But thank you so much for how you made this a
priority. And I got so many positive e-mails from citizens that know
this isn't resolved. There's a lot of people in the audience here that
have some concerns. But I want to just say that you certainly haven't
been sitting on your hands. And I really appreciate all the hard work
that you've done so that we can figure out what's the best resolution
and the most fair thing to do, because in the end it's about having safe
roads that can be traversed by first responders.
And in some areas these roads have really deteriorated for a
multitude of reasons, and that's another topic, but we're dealing with
the here and now.
But thank you so much for the hard work you've done on this for
the residents in my district, and also, you know, I know very similar
things in other districts as well.
MS. SCOTT: If I may, I have a very short presentation.
CHAIRMAN HALL: Sure.
MS. SCOTT: Just to kind of take the way-back machine. In
December of last year, the Board approved Ordinance 2023-71,
which established the unpaved road ordinance. The initial ordinance
had 25 roadways totaling about 13 and a half miles, just over.
During our bidding process for that, we found that several miles
of the roadways were now passable or were now gated, prohibiting
access. So, therefore, as part of this modification, we are requesting
to remove 3.517 miles from this ordinance. The roadways there are
listed.
And then, as Commissioner LoCastro alluded to, in July, we
September 10, 2024
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received some correspondence from residents in the 6L Farms area
that they felt that their roadways were impassable. They also
reached out to the independent fire district at that time. The
independent fire district did review the roadways; came back with a
few roadways.
I reached out to several of the residents. In speaking with the
residents, since the time that Greater Naples had looked at the roads,
Tropical Storm Debby had come through, and they did get inundated
with water in the area, and so they felt that there were other roads.
So asked Greater Naples, could you please go back and take a
look before we go through this whole process of amending the
ordinance.
Greater Naples came back requesting 6.189 miles. They've
identified those areas as impassible. So we are asking to add those
onto this unpaved roads ordinance.
And then the final item that we are asking is to remove the
existing millage cap to allow the Board to set the millage rate
annually through your annual budget process.
This is just the consolidated, what roadways we would be taking
off with -- the roadways that we would be adding are in bold, and
then a map showing the roadways in purple would be removed. The
roadways in red were the ones that were approved in December, and
then the green are the new roadways. This is permission to
advertise. This would come back to modify the ordinance at an
upcoming meeting, and then once we received Board approval, we
would proceed forward with the bidding to be able to address all of
the roadways.
COMMISSIONER McDANIEL: You ready for me to go?
CHAIRMAN HALL: Yep.
COMMISSIONER McDANIEL: Okay. I certainly want to
take care of the people that have announced that they want to be
September 10, 2024
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added into this MSTU, but I want my colleagues up here to give
some consideration to something that I've been working on since I
became a county commissioner.
I have tried multiple times to do a countywide MSTU for our
private roads in the county. I have tried multiple times to
share -- our primary job is for health, safety, and welfare of our
community.
I have failed to accomplish that. And it's astounding to me,
especially with the circumstances that we have going on now, with
the knowledge that now we're up to 20 miles of impassable roads,
that no one else understands this circumstance.
I brought forward a resolution to include all 110, 111 miles into
this MSTU at a 1 mil cap. That generated about 280-, $290,000 a
year if all of us -- and, by the way, I live at the end of a mile-long
private road. So all of us that access our properties off of a private
road would pay an equivalent amount, and then we would go through
with the designation that's already been done by our staff, do the
worst first, and over a period of time, all of the roads would be
traversable.
We haven't even talked about the debacle of Blue Sage, a private
dirt road that accesses a county park, the Nancy Payton Bird
Sanctuary. We weren't paying in to maintain that road. It fell into
the canal twice.
Platt Road has -- I lost a friend that lived -- lives out off of Platt
Road off Lilac Lane. He had a heart attack, and we couldn't get an
ambulance to him.
Linda Greenberg was our -- was our fire chief back in those
days, and she was going to bring a resolution forward to get a boat so
she could get it back and forth across Platt Road where it washed out
on two different occasions.
One of my friends that owns property on Platt Road was there
September 10, 2024
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fixing it two weeks ago himself.
My request is, why are we doing what we've always done and
watching a failed circumstance transpire around us? The
commissioner that sat in the District 5 seat 24 years ago created a
homeowners association up there on the bend of Immokalee Road
called the Corkscrew Island Neighborhood Association, because the
only resolution back in those days was for individual property owners
on a road to implement an MSTU on themselves.
Well, you folks are all neighbors, but you're not necessarily
friends, and you're going to spend your money on your portion of the
road -- and I'm pointing at you just because you're sitting there -- but
he's not, and so you're going to stop because he's not. And then he
does and you don't. And so this is the tit for tat that we end up with
going through this circumstance.
The government can come in in a state of an emergency with
health, safety, and welfare and improve these roads so that they are,
in fact, traversable. We developed a resolution to this circumstance.
It isn't going to be fixed overnight. There will be an inequity at
the beginning, because I live on a road that only requires $4,000 to
fix, $10,000 to fix. Some of these other roads -- we saw pictures
when I brought this resolution before several months ago, there was a
dang car in one of these holes out in Immokalee. All you could see
was the top of the roof at ground level.
So I don't want to stop the process, but I really would like for
our board to fix this circumstance, do a countywide resolution. After
the roads are all brought to a standard of traversability, we'll do like
we do with all of our MSTUs, manage to a maintenance level for the
amount of taxation, so -- because right now your road costs -- I keep
pointing at you because you were up here in front of us earlier. Your
road costs $60,000 to fix, but after a while it's just going to need
salting. It's just going to need to be tended. And so we then move
September 10, 2024
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into a maintenance process after the fact.
This spot circumstance that has been in this county's history for
a millennia -- Commissioner Coletta created a homeowners
association in the Corkscrew Island neighborhood area. That's
where I live. There is not one private MSTU that can be
accomplished in that hood, there is not one, because all we need is
one person to say they don't want it, and it doesn't happen.
I think if we approach this from the aspect of what I've been
trying to do since -- necessarily since I became -- and, by the way,
when come Commissioner Coletta created the Corkscrew Island
Neighborhood Association, there was Huckleberry Billy standing
over there, and he said, "Hey, I need a president for this new
homeowners association."
I am still, 24 years later, I can't get anybody else to take the
president's job for that homeowners association. So my request is
allow for this circumstance to prevail. It is, what I believe, a
methodology that will cure this issue for all of our residents that
access their properties via a private road. It will cure it.
Now -- and I'll be the first to admit, if it doesn't work, we'll
make adjustments going on accordingly. I will also be the one that
will be monitoring the ongoing expenses associated with the upkeep
and the maintenance of these roads after the fact. But my plead here
today is let's advertise for the ordinance that I brought forward, not
add to and subtract from because of a particular rain event that comes
about.
This circumstance has been prevalent since time immemorial.
When I first came into office, there was a fellow living down on
Markley. They had to load his wife into a four-wheel drive to get
her out to where the ambulance could actually come and get her.
Trash was stacked up at the front of his house because the trash
removal trucks couldn't get down there to remove the trash off of the
September 10, 2024
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circumstance.
As I said, Blue Sage, another private dirt road that accesses the
Nancy Payton Sanctuary, bird sanctuary, fell off into the canal twice.
The first time, all by itself, and then the county fixed it, and then it
fell in again.
So let's stop doing what we've always been doing. Let's take an
action that is going to, over a period of time -- it isn't going to happen
overnight. It isn't going to happen overnight, but let's establish a pot
of money that we're all paying -- and this is not for all of the
taxpayers. And it's important -- Commissioner LoCastro, you say
this all the time. It's important for -- you aren't going to pay into this
MSTU. The taxpayers that aren't accessing their property off of a
private road are not going to pay into this MSTU. It's only for that
110, 111 miles of private roads that we have in Collier County. That
will give us a sufficient -- and we don't need to lift the cap. We can
leave the cap at 1 mil, utilize that money, fix the worst first, go forth
and persevere, and over a couple of years, all of our roads become
traversable. We have access for our emergency vehicles, Sheriff, so
ons and so forth, and take care of this circumstance.
After we're done, staff will come back to us, talk to us about the
ongoing maintenance, and then we'll adjust the millage accordingly
to take it -- to take it forward.
CHAIRMAN HALL: Commissioner LoCastro.
COMMISSIONER LoCASTRO: Thank you, Chairman.
Ms. Scott, so we're obviously the two commissioners involved
here. I don't think you have these issues with these roads in -- on
Vanderbilt Beach Road or, you know, in any of the other districts.
Having said that, I don't mean to stop -- I appreciate -- and
everything Commissioner McDaniel's just said has merit, and I
actually don't disagree with any of it. But I don't want to stop the
progress that you've made here. Is there a way to
September 10, 2024
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simultaneous -- and I think that's what he was basically saying, take
care of the worst first. But is there a way to simultaneously walk
and chew gum at the same time and continue to move aggressively in
the Six L Farms area but also bring us back a more, you know,
comprehensive plan that would address all the roads and -- and
maybe this is more of you meeting with each of us separately and
giving us, you know, your feedback.
But I know that you're marching in order in a very aggressive
way here, and you've done the same thing in District 5 and a lot of
areas. Maybe not to the satisfaction of some citizens, or like you
said, a more comprehensive overall plan, but after hearing of us both
speak, what is your recommendation, you know, forward?
I don't want to kick the can on this and, you know, maybe have a
great plan all the way down the road, and -- you know, I'd like to
address what we're doing right now as well and be able to do both.
What's your -- what's your short answer after hearing us sort of, you
know, pontificate up here on this issue?
MS. SCOTT: First of all, Commissioner Saunders does also
have one roadway --
COMMISSIONER LoCASTRO: Oh, we don't care about him.
No, I'm just kidding.
MS. SCOTT: Just to point that out.
Commissioner McDaniel and I have had a pretty open
conversation about that I'd like to get the 10 miles of roads or so that
we had talked about last December and these roadways taken care of
because we have been notified that they're impassable.
I would defer to the County Attorney on if it's possible to
advertise this, meanwhile working on an ordinance modification to
look at what Commissioner McDaniel -- and to remind the Board,
this is what we talked about for several months last year, what
Commissioner McDaniel had proposed. And what we got to is what
September 10, 2024
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is in front of you without the modifications.
So I would defer to County Attorney Klatzkow.
MR. KLATZKOW: This is simply a request to direct me to
advertise this. I will work with Trinity, Trinity will get with you,
and we'll put together an ordinance.
CHAIRMAN HALL: Commissioner Saunders.
COMMISSIONER SAUNDERS: Thank you.
Commissioner McDaniel, kind of refresh my recollection. It
seems to me that the original -- you want to broaden this MSTU.
COMMISSIONER McDANIEL: That's correct.
COMMISSIONER SAUNDERS: It seems to me that the
problem before or an issue before was the opt-out provisions.
COMMISSIONER McDANIEL: Right.
COMMISSIONER SAUNDERS: I think that was creating a
problem. So you're proposing to move forward with a broader
MSTU with no opt-out?
COMMISSIONER McDANIEL: Oh, no. The opt-out
provision -- in my interpretation or my understanding, the opt-out
provision needs to be in there because there are several roads -- the
one that I'm going to cite is Old Grade Road. Collier Enterprises
owns both sides of the road, and so they should be able to opt out of
that. That is a private dirt road. They should be able to opt out.
They take care of their own road.
So the opt-out provision, per what I understood from the County
Attorney, needed to be in there to allow us to take public
access -- assets on private property.
COMMISSIONER SAUNDERS: All right. So the opt-out
language doesn't create a problem. I thought that originally that
there was some issues with that.
MR. KLATZKOW: No. It helps with the legality of it.
COMMISSIONER SAUNDERS: All right. Then the second
September 10, 2024
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thing, in terms of an MSTU, when can you start collecting revenue on
an MSTU? Do you have to wait until after the -- do it this year.
MR. KLATZKOW: This will probably be 2025.
COMMISSIONER SAUNDERS: The first of the year is when
you start?
MR. KLATZKOW: Yep.
COMMISSIONER SAUNDERS: Okay. So I have no issues
with broadening this the way you've suggested. I just wanted to get
some clarification on the opt-out, because my recollection was that
that had created some difficulties.
COMMISSIONER McDANIEL: And my question is, can we
advertise for the broadened MSTU and still take care of what we
need to do with these known issues right now?
MR. KLATZKOW: Yes, sir. What I'm going to do is I'm
going to bring back a proposed revised ordinance for your review
next meeting.
COMMISSIONER McDANIEL: And in my --
MR. KLATZKOW: Take direction.
COMMISSIONER McDANIEL: And not to make this more
cumbersome, but there are immediate issues that need to be taken
care of as soon as possible.
And so I will work with the Clerk's Office to find out an area
where this -- if we, in fact, move this forward and there is a known
revenue source coming, where we can necessarily borrow the money
to take care of these worst first and provide for the public health,
safety, and welfare of the folks on these private dirt roads and then
allow for the backfill when the tax revenue, in fact, comes.
If we pass this now, this resolution won't be advertised until the
new budget cycle, and then we can't bring on another one until, as the
County Attorney said, in '25.
But this isn't a new subject. This subject's been going on for 50
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years in our community. So this is a path that I would like for us to
travel to be able to take care of the circumstance.
MR. KLATZKOW: Traditionally, what we've done when
roads were impassable is we fixed it and then create the MSTU, and
we'll get repaid over time.
COMMISSIONER McDANIEL: We did it on an emergency
basis.
MR. KLATZKOW: Yes.
COMMISSIONER McDANIEL: They whacked the people on
Platt Road for $11,000, and then when the rains came and washed out
what we put in, they whacked them again for another 11,000. As I
said, Blue Sage was a $22,000 fix the first time, and then we had to
do it again. And now we're individually taxing those folks on those
roads, which is -- which is why, again, I've asked for eight years now,
let's not do what we've always done, which isn't working.
CHAIRMAN HALL: I guess my question is -- which I have no
problem with getting all of the private-road people involved in this,
but what do you do about the people who take advantage,
who -- they're going to pay their little 1 percent and forget their road?
COMMISSIONER McDANIEL: They're not going
to -- they're -- once you're in, you can't opt out.
CHAIRMAN HALL: Right.
COMMISSIONER McDANIEL: Your opt-out -- and the
provision of the opt-out -- and that's just important to remember.
Once you're in, you're in. And if you opt out, then you're obligated
to maintain that road yourself to a standard that's set up by the
county.
So you can't -- you can't pay one or two years and then jump.
CHAIRMAN HALL: That's my point. What if -- what if you
have those people who we come in, and we fix their road,
everybody's in the pool, it gets paid, and then you have certain people
September 10, 2024
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who just say, "Heck, we'll just let our streets go because they're going
to get fixed. Everybody else is paying for it, and we'll just have to
pay our little 1 percent of it. It's a whole lot cheaper than
maintaining our road."
COMMISSIONER McDANIEL: That's the premise of this, sir.
I mean, this 1 mil tax will allow us, over a period of time, to fix these
roads. And then we'll -- I envision that what now costs a million
dollars to -- round numbers, I'm going to say that today. It might be
more. But what now costs a million dollars will cost 500,000,
250,000 a year to salt these roads and keep them up, and then we'll
move the tax rate to balance what we need from a reserve and be able
to take care of the ongoing maintenance.
CHAIRMAN HALL: I guess let me rephrase my statement or
my question. Is there going to be provisions that once the roads are
repaired, that the private people that are on the private roads have the
responsibility to keep it maintained after we get it fixed?
COMMISSIONER McDANIEL: No, not any more than they
are now.
CHAIRMAN HALL: Okay. So that's my point. If
everybody on this side of the room pays the 1 percent, and it's
ongoing, it's -- they're paying it year after year after year, and they
have maintained their roads, their roads are great, and they're
continuing to have to pay, but everybody on this side of the road
says, "The heck with it." We're not going to do anything because
these people -- you know, we're going to pay our 1 percent, but with
these people -- our -- we expect the county to come fix our roads.
COMMISSIONER McDANIEL: Can I share with you?
CHAIRMAN HALL: Yeah.
COMMISSIONER McDANIEL: There's a 60-foot easement
that goes through. You own half, and I own half. I'm fixing my
30 feet, you're not fixing yours, so everybody drives on mine. And
September 10, 2024
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then I get tired because you're not paying, and so I quit fixing mine,
and then we have health, safety, and welfare issues, which is what a
lot of these folks are here for.
CHAIRMAN HALL: Yeah.
COMMISSIONER McDANIEL: Okay. The statement that
I'm sharing with you, this mechanism -- because once you're in,
you're in. You don't get to get out. You get to pay continuously so
that the county maintains these roads to a traversable state for an
ambulance. If we fix them so that an ambulance can traverse the
road, everybody gets to go, everybody, the trash pickup, the Sheriff
in the two-wheel-drive vehicle. Everybody gets to traverse these
roads. And once you're in, you're in. You don't get to opt out.
CHAIRMAN HALL: Even when your road's fixed?
COMMISSIONER McDANIEL: Once your road's fixed -- and
then we don't have to fuss whether or not you're fixing your 30 feet of
my road and I'm fixing mine. It's going to be fixed by everybody
that's in the pool that's paying the fee associated with the upkeep and
the maintenance of these roads.
There will be a disparity, and I'm not -- I'm not clouding this at
all. I live on a road. I own my own motor grader. I keep -- I keep
track -- I keep my entire road fairly traversable. But in my 20 years
of living on this road, or owning this property on this road, not once
has a neighbor come and offered me any kind of money for wear and
tear, diesel fuel, my time. It takes me three and a half, four hours
myself on my motor grader to tend my road.
CHAIRMAN HALL: Yeah, but you like it.
COMMISSIONER McDANIEL: I do. It's good for my brain,
what little bit of a brain I have.
But the -- the issue is inequity that's provided in the current
circumstance.
The Clerk and I had a long discussion about this yesterday. The
September 10, 2024
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other methodology to fix this is to send Code Enforcement out and
lien these people and force -- and I'm pointing at you-all right
now -- lien these people and force them to fix the roads, but then we
end up in a circumstance where we have no mechanism to force the
payment for the upkeep and so on.
This -- what I have suggested since I came into office will, in
fact, work. It will take time. There will be an inequity, because as I
said at the beginning, my road -- my road only costs $10,000 to fix.
Your road, Commissioner Hall, might cost 50,000. So I'm paying
into the kitty to fix your road, but you're going to continue to pay into
the kitty after your road's fixed till my road gets fixed. And then
over a period of time, we'll balance out with regard to the
maintenance aspect and reduce the millage rate down to be able to
tend to roads and keep them traversable.
CHAIRMAN HALL: Okay. Commissioner LoCastro.
COMMISSIONER LoCASTRO: In summary, so if we don't
vote on this ordinance as-is here, what I'm hearing from you,
Mr. Klatzkow, is you're going to come back with something that's
taking into account what we've discussed here and come back with
something that's a little bit more inclusive; is that correct?
MR. KLATZKOW: Absolutely, sir.
COMMISSIONER LoCASTRO: Okay. Having said that,
Ms. Scott, how does that slow or not slow down the progress you've
made? Because, I mean, all the citizens that are here, I've heard
from most of them, have talked with a lot of them. Some of them
are actually friends of mine.
I don't want to sort of kick the can to do something amazing
down the road but not deal with, you know, this right here. I mean,
like Commissioner McDaniel said, he's made this proposal many
times, and if it was great and wonderful and awesome, it would have
passed unanimously. I say that tongue in cheek because I know that
September 10, 2024
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there were other issues. But I don't want to slow down any progress
that you've made up to this point.
Is there -- would that happen if we -- I don't want to table this
for two weeks and then come back with something that has a few
more sentences in it to slow any progress that you're making now.
MS. SCOTT: So today was just a permission to advertise. I
wasn't -- we wouldn't even --
COMMISSIONER LoCASTRO: Right.
MS. SCOTT: I'm not going to start going out for bids for the
roads that I am aware of until this board finalizes what it's going to
do with this ordinance or a different ordinance.
COMMISSIONER LoCASTRO: Okay. But then if we -- if
we table this for two weeks to get a better ordinance, then we
wouldn't be advertising this.
MS. SCOTT: You're only advertising this for the public
hearing to come back.
COMMISSIONER LoCASTRO: Okay.
MS. SCOTT: So until that next action occurs where the actual
ordinance is adopted, we would not proceed forward.
COMMISSIONER LoCASTRO: All right. So we could
approve this today as-is?
MS. SCOTT: What this is, though, this is just permission to
advertise.
COMMISSIONER LoCASTRO: Permission to advertise,
right. So is there anything wrong with doing that?
MR. KLATZKOW: I am not going to advertise an ordinance
that this board wants changed.
COMMISSIONER LoCASTRO: Okay. And that's my point.
So we wouldn't advertise this because we'd be advertising something
that you're going to change in two weeks.
MR. KLATZKOW: Yes, sir.
September 10, 2024
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COMMISSIONER LoCASTRO: Okay. That's the
clarification I wanted to get. But does that put you in any kind
of -- you know, does that affect anything? No, right?
MS. SCOTT: We -- I mean, no. It wouldn't be advertised.
Presumably Jeff would bring back in two weeks a different ordinance
that would be for permission to advertise and then a subsequent
meeting after that would be when you would take action.
COMMISSIONER LoCASTRO: And the ordinance would be
more inclusive. Okay. I got it.
CHAIRMAN HALL: Commissioner Kowal.
COMMISSIONER KOWAL: Thank you, Chairman.
I don't want to sound sarcastic or anything, but I can probably
guarantee I have more private roads in my district than you have in
yours. Every gated community in my district is a private road.
COMMISSIONER LoCASTRO: Yeah, but they don't look like
this.
COMMISSIONER KOWAL: There's a reason they don't look
like that. That's because the people who live in those communities
pay every month into an association to maintain their roads.
COMMISSIONER LoCASTRO: Yeah, yeah. Well --
COMMISSIONER KOWAL: And I know in the past
we've -- I've been here almost two years now, and I think we've been
talking about this for the two years.
COMMISSIONER McDANIEL: We've been talking about it --
COMMISSIONER KOWAL: I thought we got to a point
where we implemented it. And then when we saw that it was going
to take 43 years or 44 years to pay back a one-time fix, you know, at
the 1 percent, and that kind of, like, shelved it. Like, well maybe it's
not going to work the way we initially got it through after a year and
a half.
You know, that -- at some point where do we draw the line? I
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know the opt-out thing was like Commissioner Saunders brought up.
That was a big discussion, because I -- it's still a little confusing to
me now, because if one person on the street says, I pay my money to
maintain my 60 feet, or whatever it is, I'm opting out, and that
was -- we have to give them that option because of -- legally,
according to the County Manager -- or County Attorney.
How do we get around that in the new idea of just creating an
MSTU for all private roads that fall in this -- let's say this category?
Because then you open up a can of worms and say, "Well, you know
what, I pay more every month than 1 percent, and my community is
gated. Can I have the county fix my roads? I'll be more than
willing to pay 1 percent. You come in within my gates and fix my
roads." I don't -- that's what I'm saying, I just -- we have to have real
clear language. I want to see real clear language when we move
forward on what we're talking here. Because, you know in the past,
we had a plan in place, and we kind of shelved it because we realized
that they're all going to get their road fixed once, and it will take us
43 years to pay it back. So, I mean, can you just enlighten me what
the difference would be?
COMMISSIONER McDANIEL: I'll endeavor, as soon as
you're done. I wasn't going to interrupt you. I was letting you make
your point.
COMMISSIONER KOWAL: I'm just -- I just -- I just need
more, you know. I just -- you know, you wore me out for a year and
a half, and we got to a point, and now we're back to it again.
COMMISSIONER McDANIEL: Poor Commissioner Saunders
has been listening to me for eight years, and LoCastro's been
listening to me for four.
COMMISSIONER LoCASTRO: It feels a lot longer, though.
COMMISSIONER McDANIEL: I understand.
My -- I'm going to share a couple of thoughts. You can't
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compare a private gated community to where we live, where these
people live. You can't compare it. There's -- they're absolutely
apples and oranges. There's no -- there's no methodology, which is,
by the way, a really nice thing when you live out where I live, but
you can't compare a private road within a subdivision to these private
dirt roads. There's no -- there's no mechanism for all of us to come
together and have an enforcement or a capacity to do that.
When you bought in your subdivision, there was already a
homeowners association provided, and it had fees associated with it
that you signed up for when you bought your property. That's not
the case over here. It hasn't ever been the case over here.
We literally have lost lives because of this circumstance not
being tended. It was -- it was always told that we had to have a
private MSTU, per street. It's not accomplishable. An individual
straw ballot per street; 50 percent plus one had to vote to impose a tax
upon themselves. It was never plausible. It was never possible.
So we, as a board, can wave our magic wand, stop doing what
we've always been doing. That's my mantra. What's
always -- what's been suggested to always be done hasn't worked.
It's failed.
This MSTU will stay in place, ongoing maintenance -- this isn't
a one-time fix. Now, I acquiesced to the last one for the 13 or so
miles of the worst roads, but then when the tally came in for the
amount of tax money collected, it was $40,000, and it was -- like you
said, it was a 30-year payback in order to get the revenue back.
With a larger sum, with a larger group, a wagon's easier to tote if
there's more of us pulling the wagon, and that's the rationale here.
Do a countywide MSTU. The County Attorney and I will shore up
the language on the opt-out provision, and then once it's
implemented, it's implemented.
COMMISSIONER KOWAL: So let me ask just one more
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question. So if -- as we expand eastward, you know, we know it's
happening in the Estates and other areas, there's going to be a
potential for more private roads leading to homes and homesteads.
Now, would they automatically be part of this as they become
established --
COMMISSIONER McDANIEL: I would --
COMMISSIONER KOWAL: -- in the future? Because you're
saying all these particular roads will fit a certain category. I was just
being sarcastic about the gated community thing. I was just pointing
out the private road --
COMMISSIONER McDANIEL: I understand. But you can't
be sarcastic on this with me because --
COMMISSIONER KOWAL: Okay. Well, I'm not going to
point at you. Oops, I almost pointed at you.
COMMISSIONER McDANIEL: You can point at me if you
want. Just -- it's just important for you to -- for you to accept the
reality of the circumstances that we have in front of us. This
argument that's been going on for a millennia, literally a millennia.
I've been arguing it for eight years because I've had the
opportunity to serve here for eight years. Your question with regard
to a new private road, we can cross that bridge when we get to it.
I don't know where a new private road might, in fact, come.
When the expansion happens in the east, it's happening in
gated -- basically gated communities that have a planned unit
development in place with road systems in place.
I -- one of the -- one of the rationales of the RLSA was to
aggregate the development rights that are existent in that
200,000 acres and bring them into subdivisions with compact
concentric development.
So I suspect -- just to answer your -- shortly, to answer your
question, if a new road pops up, then -- and that requires
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maintenance, then, in fact, we can add them in.
COMMISSIONER KOWAL: Yeah. I was just curious if it's
going to be a --
COMMISSIONER McDANIEL: That would -- that would be
the way I would approach it. That would -- to short answer your
question with regard to something else that pops up interimly after
this is established. But this isn't -- the premise here is not a one-time
fix. This is a fix and then maintain going forward, and everybody
pays into the kitty for that ongoing maintenance, correct?
CHAIRMAN HALL: In perpetuity.
COMMISSIONER McDANIEL: In perpetuity, yes, sir. Just
like, you know, you heard me chirping a couple years ago about the
Rock Road MSTU. Those folks came together, created an MSTU,
elevated the road, brought it to county standards, and then paved the
road, and then they ended up with a whole bunch of money that was
being collected because nobody ever adjusted the tax rate, and so
then we moved that -- we moved that rate back to a more equitable
level.
CHAIRMAN HALL: Commissioner LoCastro.
COMMISSIONER LoCASTRO: Okay. Let's land this plane,
right? Commissioner Hall, right?
CHAIRMAN HALL: Yes, sir. Yes, sir.
COMMISSIONER LoCASTRO: So a couple of things before
we -- I make a motion that we continue this for two weeks until our
next meeting and then bring back a more comprehensive ordinance,
is going to be the motion.
But let me sum this up by saying this isn't about private roads.
This is about emergent, you know, roads that are significantly
detrimental to safety and hazards. I've got private roads all over
District 1, as well, that are beautiful. You do, too.
These happen to be private roads that are in a sad state of
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condition. And there's a lot of reasons for it and a lot of blame to go
around, and we can, you know, dig all that up, but we're here to deal
with the here and now. And these folks don't live in gated, you
know, communities. And, you know, I appreciate what
Commissioner Kowal was saying, and I understand what he wasn't
saying.
But the reality is they live in a very rural community that doesn't
have a guard at the gate and a gate and all that, but they still have
emergency needs. And, I mean, you look at these photos. An
ambulance can't make it through this and save a life.
So, you know, I want to bring it back to the emergency situation
that this is. I'll make a motion that we continue this in two weeks
and come back with something much more substantial maybe with a
little bit more meat on the bone so we can press forward and take care
of the constituents in my district, constituents in Commissioner
McDaniel's district, and have something where we're wrapping our
around -- our arms around this major issue in a bigger way, and
maybe we finally get something closer to what you've been trying to,
you know, get approved.
I am concerned about one thing that has been raised is that
there's not a loophole somewhere that somebody can do what has
been suggested here, because I could see that happening. But I'll
leave that to the people who put the verbiage in and make sure that
somebody isn't smarter than us and says, "Well, I ain't going to pay
anything," and you know what, "Thanks for making my road." And,
you know, we just found somebody that found a loophole in the
animal, you know, ordinance.
Oh, I get $10,000 worth of fines, but if I don't pay them, nobody
comes knocking on my door. This needs to be tight but, more
importantly, these roads need attention.
And so, you know, I don't want to kick the can on that, but I'll
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make a motion that we continue this to our next BCC meeting and
then come back with an ordinance that is going to help a heck of a lot
more people and also something that's written in a way that is going
to be something that we can support, there aren't loopholes, and in the
end, it will bring attention to these roads and get them fixed, as
Commissioner McDaniel was saying, worst first --
COMMISSIONER McDANIEL: Right.
COMMISSIONER LoCASTRO: -- especially. So that's my
motion, to delay this -- or not to delay, to continue it for two weeks
and come back with a stronger ordinance.
CHAIRMAN HALL: Commissioner McDaniel.
COMMISSIONER McDANIEL: And I'm going to say this:
There's all kinds of suppositions. There's all kinds of opinions.
There's all kinds of loopholes. The world is full of bad people that
don't want to take care and try to wiggle a way out. We'll deal with
those on a -- just like you were talking, Commissioner Kowal, about
a new road that pops up. We'll deal with those on a case-by-case
basis.
The goal here is to fix these roads one time and then maintain
them going forward. The maintenance -- once these -- once these
holes are filled in, once these roads are, in fact, maintained, they
become traversable. We're not going to make them county standard
roads. They're not going to have ditches and curbs and gutters and
all that sort of thing. These are going to be -- these are going to be
traversable by an ambulance, and that's all these -- that's all us folks
are wanting.
UNIDENTIFIED VOICE: Perfect.
COMMISSIONER LoCASTRO: All the Six L -- all the Six L
residents who are going to find the loophole and cheat the system,
raise your hand. Okay. All right. We're going to -- we'll take your
names.
September 10, 2024
Page 94
COMMISSIONER KOWAL: We've got some honest people in
the audience.
COMMISSIONER McDANIEL: Is his motion satisfactory to
get us to where we need to go?
MS. SCOTT: Yes. Jeff and I will work on the proposed
ordinance to bring it back in two weeks.
COMMISSIONER McDANIEL: Then I'll second it.
(Applause.)
CHAIRMAN HALL: Okay.
COMMISSIONER LoCASTRO: And we'll take the names of
everybody that raised their hand. You made a big mistake. I'm
starting with you, sir, with the mustache back there.
CHAIRMAN HALL: We have a motion and a second to
extend this and bring back the ordinance that we want.
MR. MILLER: We've public comment, sir.
CHAIRMAN HALL: We do?
MR. MILLER: Yes, sir.
Your first speaker is Beau Brewton, and he will be followed by
Josh Ferris.
CHAIRMAN HALL: How many speakers have we got?
MR. MILLER: We have six. I would ask the speakers to
queue up and use both podiums so we can expedite the process.
Thank you.
MR. BREWTON: Okay. I'll keep it short. I'm Beau
Brewton. I purchased the old Theodore Kirkland homestead at the
north end of Lager Lane 24 years ago, moved in, have lived there
full-time ever since.
For the first 10 years that I lived there, I maintained Lager Lane
right by myself. That's one full mile. Then Mr. Red Owen moved
in next to me, and he got a tractor, and we maintained it up until now
with the help of Juan Mena, with the help of Roy Windle, with the
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help of a few others.
So we've kept Lager Lane in a really good shape up until we had
this weather anomaly this year. We had six days of five to six
inches.
Now, that six and 16 is flat. It's a swamp, and we love it, but it
will not drain. It has to either evaporate or percolate. Now, after
that anomaly, there was a regular summer session, which is somehow
coming to an end now.
Now, we've got -- just in the last week, we've got Lager Lane
back where, you know, just a regular two-wheel-drive truck can do it.
Now the small cars can't. That's why my lady's living in town,
because she has to work at the hospital every day. But we will, if
you will just put a few loads of rock on the part of Sunny
Grove -- that's our main problem right now, because there are so
many people moving out there. And we are fine with people
moving, but they bring in construction equipment, and the
construction equipment, those guys don't live there, so when they
leave, they leave those holes, and it's left to us.
And we can't do it with just our small tractors. You could take
Sunny Grove right now and take 50 loads of rock of this size, put it
on that road, the rest of us would bring our tractors out there, and we
would spread it. But as Mr. McDaniel said, there's always
somebody that's not going to. So what? We'll continue to do it. I
did it for 10 years right by myself. And now with the help of Red
Owen and these other guys, Juan Mena, we've kept Lager Lane in a
pretty good shape until that weather anomaly. I couldn't do anything
about that. You want to blame God, go ahead. I couldn't care less.
Anyway, thank you for your time, but we will -- if you'll just
help us a little bit now, we'll keep Sunny Grove -- I think the place
was called Sunshine Acres. Now, that was what the original name
was when Collier gave it to the Collier County School Board.
September 10, 2024
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We've got a lot of owners, but we will continue to take good
care of it, and you'll be proud to have us as neighbors, because we are
the neighbors you need. I kill your roaches. Josh Ferris, he works
with the police department. All these folks have small businesses.
We're the people that cleans your toilets. We're the people that fix
your air conditioners. We're the people you need.
Thank you for your time.
MR. MILLER: Your next speaker is Josh Ferris. He'll be
followed by Armen Benarroch.
MR. FERRIS: All right. I want to start by thanking the
Commission, specifically Commissioner LoCastro and Commissioner
McDaniel, who I've never met, but you pretty much took my whole
presentation, so thank you for that.
I do want to -- yeah, I live on Laertes Lane. I work for the
Marco Island Police Department. I've been there for 13 years. I've
been out in the Six L Farms area four years.
Up until now, up until this year, and the rain and the storms that
we've had, I would say that things were in passable condition, but
right now they are not.
I also want you to know that I'm not here to complain. I'm just
here to maybe instill a state of urgency with this situation.
Even now that a lot of the water's gone, it has left holes and has
left parts of the roadway that are washed away on every single L road
that's out there, including Sunny Grove and Tomato where
two-wheel-drive cars, low-to-the-ground vehicle cars cannot pass
through. It is impossible. After Hurricane Debby, my wife could
not leave with her minivan for three weeks exactly. We have four
children that we can't -- that are all under the ages of four and a half
years old, so they're all in car seats, right? So legally we can't leave
in my pickup truck.
But she was having to use that pickup truck to go to work. I
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would use it to go to work. Thankfully, the police department
supports me and was able to let me come home during situations
where she needed me there.
Once again, just letting you know some of the situations. That's
my situation, and there's a bunch of them out there that are exactly
like that.
So along with that, we've lost critical -- critical services such as
water, water filtration services that come out there, delivery services,
and there's the concern of an emergency vehicle that can't get by.
I'm not stating anything that you guys haven't already talked about,
but it is concerning when I'm at work and I know that my wife can't
physically leave with our four children. It's pretty nerve-racking to
know that an ambulance can't get to them.
Parts of our road on Laertes were that way. Parts of Ladybug
were that way. Parts of many of the other roads including Lager,
and I'm sorry -- Lacewing, a lot of the other roads were that way as
well -- if I'm missing them.
Looking into it, I know -- I'm sure you guys have already looked
into this, but State Statute 252.38 outlines a lot of ways to react to
this. State Statute 704.01 also outlines some of the easement laws.
We are completely hemmed in by the Lipman Farm 100 percent, and
part of Six Ls, part of Sunnygrove and Tomato are our easement that
they have to provide for us, so I don't know if that helps anything.
I'm running low on time. I want to thank Trinity Scott for all
her work. She reached out to us. She reached out to me personally
and a lot of the other people individually to help this move along.
Thank you, Commissioners. I really appreciate you. Thank
you, Rick.
MR. MILLER: Your next speaker is Armen Benarroch. She'll
[sic] be followed by Crystal Foster.
COMMISSIONER LoCASTRO: I just wanted to add that it
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was really Mr. -- Officer Ferris who really pulled all the citizens
together and sent us a very professional e-mail that just wasn't
screaming and yelling. And as a little sidenote, you're looking at the
Marco Island Police Officer of the Year right there. He was recently
awarded with that honor.
(Applause.)
COMMISSIONER LoCASTRO: So congratulations.
MR. BENARROCH: Good morning. My name is Armen
Benarroch. I contacted --
COMMISSIONER LoCASTRO: We traded some e-mails.
MR. BENARROCH: Yes, I did. You are the one that really
helped us a lot.
COMMISSIONER LoCASTRO: Thank you.
MR. BENARROCH: You brought us here, and it's wonderful
what you did. My street --
MR. MILLER: Sir, could you please move the mic in front of
your face. Thank you.
MR. BENARROCH: Yes. My street has been flooded since
that rain for almost two weeks. I could get by because I have a
truck, but I also have a friend that has a lot next to me -- or land. He
let me use his land to go around. But there's also people that live
down my street that cannot go down that street because it's flooded.
They're older. They can't get food, and that is disturbing.
I've owned that land there for 20 years. I did not live there for
20 years. I lived on Marco, and then I moved there 11 years ago.
We've been paying taxes for 20 years. Not a dime or a nickel has
been brought to that land there. And not only me, all these people
here that live there have been paying taxes there. Where does that
money go? Does it go to his house or your house or your land? It
doesn't go to my land. Why?
You guys have here -- you guys here have unincorporated
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general MSTD. I pay $47.33. Everybody else pays the same thing.
So our -- Collier is 80 percent unincorporated. So where does that
money go to? To somebody else. It doesn't -- none of it comes to
us.
We need some kind of base or some kind of something that
could just come there and just use a tractor, move it up, get that land
to be flat so we can drive.
We're driving like this. There's 100 potholes. A lady, she just
had a heart attack a couple days ago. An ambulance could not get
there. What if that was your parents? Would you like that to
happen to you guys? No. You would want to do something about
it, and that should be done immediately, not wait another two weeks,
another month, another 10 years. This guy -- I don't know his name,
McDaniel, he's been fighting this for eight years. Disgusting.
COMMISSIONER McDANIEL: Forty-five years.
MR. BENARROCH: Fifty-four years. There you go. It's not
fair. And Six Ls should be cleaning out those canals. Those canals
are terrible.
CHAIRMAN HALL: Thank you, Mr. Benarroch. Thank you
very much.
MR. BENARROCH: Thank you very much.
MR. MILLER: Your next speaker is Crystal Foster. She'll be
followed by James Dutton.
MS. FOSTER: Hi. My name's Crystal Foster. I have
property out in Lafayette. I've had it for nine years.
Last year, the Six L Farm, the farm, blocked off one of the
canals that goes for clearance for our water. Between Debby and
that, that's why we're having so much trouble.
In the nine years, it's never been this way. And as they were
saying, there's a number of us. There's probably two handfuls of us
out there that have tractors, and we go out and maintain it. We've
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brought new thousands of dollars of asphalt to put out there. People
have brought stone, and they bought the tiles. If you guys can get
something out there in the next two weeks, not wait for two more
meetings -- I mean, there is points that people couldn't get through.
They're living in town. It's separating families to be able to stay
safe.
We'll go out there. I'll be glad to get ahold of a lot of these and
go out there, and we'll go out there with the tractors, and we'll get it
done. It looks like a rollercoaster out there right now. I
honestly -- I don't go out there all the time. I have a property with a
house. I have a renter, and I have animals. My husband goes out
there twice a day. We've put thousands of dollars in repairs on our
vehicles to get out.
I've heard of horror stories of people not being able to get out.
We couldn't get our animals out with the trailer after that storm.
The water -- the potholes are so big, they go across the whole
road. It's probably the length of a car and probably 4 feet deep.
We've got people that have been going out there and bringing rock
and trying to fill it in as it dries up where we can see what there is,
but we need help.
A lot of the people in that area are service industry. As you've
all said, to rent an apartment in the regular area, you can't. It's like
2000s to rent. They can't afford it, between transportation to and
from Marco, North Naples, whatever. So they try to do what they
can, but there's only so much. This is an emergency. Not another
two weeks. We need help now.
(Applause.)
MS. FOSTER: Another issue at point with this that you guys
have brought up so many different issues, the millage. You're going
to take the millage cap off, and we're going to be lumped in with
these other people. Like he said, we'll take care of it. We just need
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a little help. We need it now. Not two weeks, not another month,
not 40-something years later. Now, please.
CHAIRMAN HALL: Commissioner McDaniel.
COMMISSIONER McDANIEL: Is that our last public
speaker?
MR. MILLER: No, sir.
CHAIRMAN HALL: Do you want to wait?
COMMISSIONER McDANIEL: Yeah. I'll wait till they're
done.
MR. MILLER: Your next speaker is James Dutton. He'll be
followed by Johnny Jean Mary.
MR. DUTTON: I'm James Dutton. I don't have property in
the area, but I have a friend who cannot drive, and I have to drive
down there at least three times every week. To go one mile from the
paved road to his property takes me 25 minutes. That takes me
almost an hour to go down and back, and it's tearing up my
automobile. But I just -- I can't abandon this person. He needs
help, and I'm there to help him. Thank you.
(Applause.)
MR. MILLER: Your final registered speaker for this item is
Johnny Jean Mary.
MR. MARY: Yeah. Good afternoon, everyone.
From Della Drive in -- Della Drive, I've been living in this street
for, like, 2015. For now almost 10 years. This road is very bad.
The street, for the morning time, the street on Della Drive is a
specific time -- the bus station pick up the kids for the school every
morning.
So when they're in [sic], it's very, very bad. For now, I need to
do something for the bus. I don't know why every time the tax
increase, every time we get complaints for that. I think, like, 2018
my father-in-law was sick. I want to call ambulance. He come.
September 10, 2024
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He got a lot of complaint. He can't come help me.
After that, he died. When I got -- after the funeral we tried to
come in there, the limousine, he have me get a complaint for the car,
need to see why he can help us.
We come in a little bit. Now it's more worse. More house
building on the street now, too. I need to know why he don't build
there [sic]. I need to do something for us, please. I can't be wait for
one more year, two more days. Try to do something for us, please.
I come in for everyone in Della Drive. I don't think more people
coming. I take the day off in my job to come in to see what I can
speak to see where they can help us.
I got four kids. Every morning -- I already got one car is
broken in the road, so I don't want my second one broke. I need to
help us, please. Thank you. Have a nice day.
COMMISSIONER McDANIEL: Now I'll go.
(Applause.)
COMMISSIONER KOWAL: Do you want to kind of bring it
to the end?
COMMISSIONER McDANIEL: I'd like to.
COMMISSIONER KOWAL: Because I've just got a question
for the citizens, if that's okay.
COMMISSIONER McDANIEL: Do what?
COMMISSIONER KOWAL: I have a question for some of the
citizens, if that's okay.
COMMISSIONER McDANIEL: Okay. You want to go first,
and then I'll bring it --
COMMISSIONER KOWAL: Yeah, that way you can just
bring it to the end.
COMMISSIONER McDANIEL: As LoCastro says, I'll land
the plane.
COMMISSIONER KOWAL: I appreciate that.
September 10, 2024
Page 103
I just know -- the gentleman said he lives on Sunnygrove. You
guys were maintaining that road. You know, I've spent -- I worked
out at East Naples substation. I was 20 years -- 20 years with the
Sheriff's Department. I'm very familiar with the roads Laakso,
Ladybug, Sunnygrove, responded down there hundreds and hundreds
of times in the rain. Have you guys noticed recently, is this more
recent the last several years that the water's standing longer in that
area?
COMMISSIONER McDANIEL: Yes. Yes. Yes. Ask me.
COMMISSIONER KOWAL: That's what I'm saying, I'm
trying to -- well, they live there. I wanted to ask them because --
COMMISSIONER McDANIEL: I have some thoughts. I
have some thoughts with --
COMMISSIONER KOWAL: Okay. I don't want to rain on
your parade.
COMMISSIONER McDANIEL: No, no, no. You did six
months ago when I tried to pass the ordinance the first time, you
rained on it. But I'll let you lift the rain.
First of all, who's responsible to fix your road that's in front of
your house when you live on a private road? We are. All of us who
access our property off of a private road are the ones that are
responsible.
We don't have an organized association to be able to collect dues
and fees and take care of our roads, so this MSTU for the whole
county is a way this board can take care of the health, safety, and
welfare issues that are being mentioned here today. They've been
mentioned forever, 40-some-odd years, number one.
The limit on the millage at 1 mil will be sufficient to take care of
what we need to do in order to go forward with this and, over a
period of time, correct these roads.
Now, my question to Trinity is, I don't -- do we have a
September 10, 2024
Page 104
mechanism to fix these roads today?
MS. SCOTT: So in the past what we have done is we have
deployed road maintenance out to go fix these when it's a half a mile
of road --
COMMISSIONER McDANIEL: Right.
MS. SCOTT: -- but when we're dealing with nearly 16 miles of
roadway, I don't have the in-house resources to be able to go out and
fix these roads immediately. We have to bring in a contractor to do
it.
COMMISSIONER McDANIEL: That's what I was fearful of,
and -- which is, again, why I've been -- again, I can talk all I want
about what was done in the past. I don't want to continue to do what
was done in the past. I want to fix this and fix it properly so that
we're not having these discussions 40 years from now.
There's -- inevitably, because of the housing affordability issue,
people are moving to these areas because it's less expensive, but it's
your responsibility to fix your road.
Now, the folks that are living in the Six L area right now are
probably impacted by the rehydration efforts that are coming with the
CERP and WERP program for the South Florida Water Management
District and the Picayune State Forest and the pumping that's going
on and the northwest protection structure that's being built, which is
probably why -- I don't know where that lady went where they talked
about Six Ls filling in the canal.
But they're actually digging another canal and building a levee
around 6L Farms to protect that. So when the actual rehydration
efforts begin out of the Picayune State Forest, those folks in Six
Ls -- in the Six L area aren't going to be as negatively impacted.
So -- but we don't have a circumstance today to send public
assets onto private land. It's illegal. The taxes that Mr. Benarroch
was talking about that he's been paying forever are for all of the
September 10, 2024
Page 105
public roads that Collier County already owns. We don't -- we're not
allowed to take your tax money and come onto your property without
the declaration of an emergency. And when this declaration of
emergency comes about, you get to pay back whatever it is the
government spends on your road. The mechanism that we're putting
in place is going to fix the circumstance, but it's going to take a
period of time. And getting it happening in two weeks isn't
accomplishable in today -- in our world today.
COMMISSIONER LoCASTRO: Can you explain why we
can't just bring out a truckful of gravel like they're all asking?
COMMISSIONER McDANIEL: Sure. Well, it's not allowed.
We're not allowed to take public assets onto private property. It's
not legal.
COMMISSIONER LoCASTRO: We can't just bring you a
truckload of gravel and spread it over 16 miles even though you've
got all the equipment. Even if we wanted to do that, we can't do
that.
COMMISSIONER McDANIEL: We would love to do it, but
we can't do it. It's not legal. We're not allowed. And that's
the -- that's the rationale for doing it on a countywide basis and taking
forward.
The other thing I want to actually say out loud again, this isn't a
one-time fix. Once this ordinance is in place, once this MSTU is in
place, it goes on in perpetuity. So the worst first are going to be
fixed. If you folks are added into the 13 miles or so that Trinity -- by
the way, Trinity and her staff -- this was a joint effort, by the way.
Our police -- our Sheriff's department, our independent fire districts,
and our own staff have traversed all 110, 111 miles of these roads and
rated them A, B, and C. A being the worst, B, and then C.
And so I acquiesced to the last time just to try to get the worst
first, but then when the numbers came in with the cost associated
September 10, 2024
Page 106
with the revenue generated, that's when I pulled it. We were putting
it back out for bid. There are three other contractors that are bidding
on the -- on the RFP that we're going to put out with this. So I look
for those expenses to, in fact, come down.
But I just -- I just want to reiterate that the circumstances that
are going on with the folks in Six Ls could well have a large -- a large
issue is happening because of the rehydration efforts that are
happening over in the Picayune, and I won't expand upon that -- all
that right now.
So -- but that's -- I hope that answers your questions. And
people were asking questions. This circumstance, for your mind,
isn't a period of questions and answers from the Board back to you.
I'll speak to -- Rick -- Commissioner
LoCastro -- Rick -- Commissioner LoCastro and I will speak to any
one of you individually and answer your questions. But you come
up, say your piece. We don't respond to you. It's not -- we're not
being rude. This isn't that circumstance. You share your -- you
share your issues, and then we'll address them on an individual basis,
so -- but it's -- just to reiterate, this isn't a one-time fix. This is
forever. Once this MSTU's in place, everybody's going to pay a
little bit over a period of time so that we get it taken care of.
(Applause.)
COMMISSIONER LoCASTRO: So I made a motion to move
this for two weeks so that we have some meat on the bone. I heard
everything citizens said. "Hey, we need something today." If we
could, you'd have -- the trucks would be rolling now.
What I will tell you is, you are way closer to having better roads
than you were yesterday, a week before, the day before. I got an
e-mail from Officer Ferris saying, "Please help us." And the one
thing that's different now than maybe years ago is you-all are
collectively working together where before I think maybe it was a lot
September 10, 2024
Page 107
of onesies, twosies, so that's helpful to us.
Commissioner McDaniel and I will work at an aggressive speed
here to resolve this emergent issue, I guarantee you that.
So I made a motion to put -- I don't want to say delay it, but --
MR. KLATZKOW: We're going to continue this item.
COMMISSIONER LoCASTRO: -- continue it for two weeks.
CHAIRMAN HALL: It's been seconded. All in favor, say
aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN HALL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER KOWAL: Aye.
(Applause.)
CHAIRMAN HALL: Do we have time to do 11A before we
break for lunch? We're going to break for a short lunch, too.
COMMISSIONER McDANIEL: What?
MS. PATTERSON: Yes, sir.
Item #11A
AWARD OF REQUEST FOR PROFESSIONAL SERVICES NO.
23-8071, “DESIGN SERVICES FOR BRIDGES WITHIN THE
GOLDEN GATE ESTATES” WITH ATKINREALIS USA, INC., IN
THE AMOUNT OF $5,389,565.01, AND AUTHORIZE THE
CHAIRMAN TO SIGN THE ATTACHED PROFESSIONAL
SERVICES AGREEMENT (PROJECT 60212). (JAY AHMAD,
TECM DIRECTOR) (DISTRICT 5) - MOTION TO APPROVE BY
COMMISSIONER MCDANIEL; SECONDED BY
COMMISSIONER HALL
September 10, 2024
Page 108
Commissioners, that brings us to Item 11A, which is a
recommendation to approve award of request for proposal -- Request
for Professional Services No. 23-8071, Design Services for bridges
within the Golden Gate Estates, with AtkinsRealis USA, Inc., in the
amount of $5,389,565.01, and authorize the Chairman to sign the
attached Professional Services Agreement.
Mr. Jay Ahmad, your Transportation Engineering Construction
Management director, is here to present or answer questions.
MR. AHMAD: Well, good afternoon.
CHAIRMAN HALL: Jay, excuse me. Before you -- as
you-all exit, we still have a meeting going on, so could you-all just
exit quietly. Thank you.
Go ahead.
MR. AHMAD: Good afternoon, Mr. Chairman,
Commissioners. I am Jay Ahmad, your Transportation Engineering
director, for the record. I'll happy to -- I have a presentation. I'd be
happy to present or answer any questions that you may have.
COMMISSIONER McDANIEL: I'll make a motion for
approval.
CHAIRMAN HALL: I'll second it. Motion and second to
approve. All in favor, say aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN HALL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER KOWAL: Aye.
MR. AHMAD: Thank you very much.
COMMISSIONER McDANIEL: Now give us a longer -- since
I did that, give us a longer lunch. And I'm joking. Do whatever
you want.
CHAIRMAN HALL: Let's break for lunch and come back at
September 10, 2024
Page 109
five till 1; 12:55.
COMMISSIONER McDANIEL: What?
CHAIRMAN HALL: Thirty minutes.
COMMISSIONER McDANIEL: I'm not going to give you
authority to do what you want again.
CHAIRMAN HALL: Thirty minutes.
(A luncheon recess was had from 12:23 p.m. to 12:55 p.m.)
MS. PATTERSON: Chair, you have a live mic.
CHAIRMAN HALL: All right. We're rolling. 11B.
MS. PATTERSON: 11B's continued.
Item #11D
AN EXEMPTION FROM THE COMPETITIVE PROCESS FOR
PURCHASES FROM OCLC, INC., FOR THE ACQUISITION OF
SUBSCRIPTION SERVICES TO CLOUDLIBRARY™ AND
INTERLIBRARY LOAN SERVICES IN AN AMOUNT NOT TO
EXCEED $600,000 PER FISCAL YEAR, AS BUDGETED,
THROUGH FY 2025. (COMMISSIONER HALL’S REQUEST) -
MOTION TO EXTEND SERVICES FOR ONE MORE YEAR BY
COMMISSIONER MCDANIEL; SECONDED BY
COMMISSIONER SAUNDERS
MS. PATTERSON: So we're going to 11D, formerly 16D1.
This item was continued from the August 13th, 2024, BCC meeting.
This is a recommendation to authorize an exemption from the
competitive process for purchases from OCLC, Inc., for the
acquisition of subscription services to cloudLibrary and interlibrary
loan services in an amount not to exceed $600,000 per fiscal year as
budgeted through FY 2025. This item is moved to the regular
agenda at Commissioner Hall's request.
September 10, 2024
Page 110
Commissioner, would you like me to read the other library item,
and we'll handle them --
CHAIRMAN HALL: Yeah, let's do 11D and E at the same
time.
MS. PATTERSON: Yep. So 11E, formerly 16D2, was also
continued from the August 13th, 2024, BCC meeting. This is a
recommendation to authorize an exemption from the competitive
process for a subscription to the Hoopla digital service from Midwest
Tape, LLC, for library patron use effective October 1st, 2024,
through September 30th, 2025, in an amount not to exceed $400,000
per fiscal year. Again, this item was moved to the regular agenda at
Commissioner Hall's request.
With that, we do have staff here from libraries that can answer
questions or if you want to have a Board discussion first.
CHAIRMAN HALL: Yeah, we'll just talk about it for a
second.
I brought it forward because -- we got two different issues. We
got the Hoopla, and then we have the other one that has to do with
some e-books as well as some cataloging. And it just seemed to me
like this was an extraordinary amount of money to pay for these
services for the year.
And one of -- the Hoopla has already -- it's already gone away.
I mean, it's already expired, and we haven't had an extreme public
outcry saying they can't get their e-books.
But I was -- I was talking to Mr. Neiman, and he was said that
there was basically 4,000 people or somewhere around in there that
use these services, and for $900,000 a year, or up to $900,000 a year,
if we were to charge all those people 225 bucks a month, they could
use their services, but that's to get an e-book, and my thoughts are,
why should the majority of the public be paying for a small amount
of the public, 2 percent, to get their e-books when they can go on
September 10, 2024
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Amazon and get one for five bucks?
So I brought that forward because I just didn't see the -- in this
era of trying to do things smarter and do them more efficiently,
streamlining our process, I saw this as an opportunity to not really
take away services, because people have the opportunity to get their
e-books where they -- online for free, and I didn't see why we needed
to be paying or the taxpayers needed to be paying nearly a million
dollars a year to keep something that you can get for free.
So, Commissioner McDaniel.
COMMISSIONER McDANIEL: Well, thank you, Mr. Chair.
I pulled this agenda item two weeks ago because these were on
for a five-year renewal of these subscriptions on the consent agenda.
I pulled this agenda item; continued it today to extend these contracts
for one year, which provides the continuing services that we've
always done. Remember my discussion about doing what we've
always done? So this continues the service for one more year.
Within that year, staff comes back to us with a tiered
fee -- compensation for services, not fees -- with a tiered
compensation for services. There are people who are economically
deprived that do need access to these things, but there are also people
who can, in fact, afford to pay the freight, as you're talking about.
And I didn't want to just extend the contract for five more years
without a discussion for the necessary or proper compensation for the
services rendered.
So this -- the one contract, there's -- I think it's been out for
about a week. If we pass this agenda item, we'll continue these
services for one year, and then within that year, come back with
staff-administered tiered fee, fee process that equates to people's
income. And if you can afford to pay to utilize the service on an
equivalency basis, then you're going to get to pay. But for the
economically deprived, they'll still have access to these services for
September 10, 2024
Page 112
educational purposes and so on and so forth.
CHAIRMAN HALL: And that was why I brought it forward,
because I don't know that we need to be -- you can get it for free
anyway, so why should we pay 400,000 a year for people to get it for
free when they can get it for free without us paying $400,000 a year?
Have you ever -- have you ever canceled your cable? I've
canceled DirectTV and said, "You know what, we just don't want to
pay 160 bucks a month anymore," and they tried to keep us on there.
And we just said, "Look, we just don't want to pay anymore."
So all of a sudden, they had a special. You know, for the next
year, you can get your DirectTV for 60 bucks a month, and then we'll
look at renewing the contract again. So I don't know that if we
canceled the Hoopla, if they came back and said, "Well, you know
what? We rethought this, and maybe we could provide you these
services for 50 grand a year." I don't know if that's the case or not.
COMMISSIONER McDANIEL: Well, there's -- and I don't
mean to interrupt you, sir, but there's a lot of discussion going on
because of what we've been implementing for systematic adjustments
throughout our organization. Consideration is being given to how
we've always conducted business, and, you know, having ResourceX
folks pointing out these circumstances for different methodologies of
compensation for services rendered. This was one that I caught two
weeks ago that it was coming through on consent for a five-year
renewal and stopped it.
And so I thought rather than discontinuing it
completely -- because the people who do use -- you're absolutely
correct, there's -- I don't know how many people, in fact, have a
library card. We don't charge anything at all for our library cards.
There's some discussion going on about a minimum fee just to have a
library card and have access to all those things that are in there as one
methodology of compensation.
September 10, 2024
Page 113
Then with these other services that are provided through the
library, you don't get them unless you have a library card, then have
an additional compensation for those services if you choose to
partake, but do it on a -- you know, I -- you know, we all have
economically deprived areas within our individual districts, and this
isn't a district issue. This is a county issue.
I feel it -- I feel the need for us to be able to provide those
services for folks that can't necessarily afford them on their own.
Now, we can certainly have a debate as to whether or not if you're not
earning enough money, whether you need to have cable TV or not.
That's a whole 'nother -- that's a whole 'nother debate someday as to
whether that's an essential.
CHAIRMAN HALL: That was just an example --
COMMISSIONER McDANIEL: Yes, sir.
CHAIRMAN HALL: -- of Hoopla maybe coming back and
offering us a better deal than what they're offering us now.
COMMISSIONER McDANIEL: They potentially might. I
would suspect -- and I don't know this for a fact, but I would suspect
that the fact that we're reviewing this will give staff some direction to
be able to look at the overall contracts and find out if there's any
latitude for movement on those contracts at all.
But my -- my reason for continuing this two weeks ago and then
bringing it back today was because these are services that have been
provided. I didn't want to discontinue those services. This extends
them for one year. And then we develop a proper compensation for
the services rendered.
CHAIRMAN HALL: Yeah. I'm not opposed to the tiered
process, not at all, especially for the pay as you play.
I just wanted to talk about it before we just willy-nilly just
stamped it. I think Mr. Neiman explained to me yesterday that on
the Hoopla, this is an amount not to exceed 400,000 a year, but the
September 10, 2024
Page 114
actual expense that we pay is about 200,000.
It was 150- last year, and with the same amount of people who
subscribe to the service, he expected those fees to be about 200,000
this year.
And the Hoopla is a lot different than the cloud-based things that
has -- includes the cataloging. That's less of a -- it's less of an
option, I guess, to go without it.
But I just wanted to bring it out there and throw it out there to
see if we want to just let the Hoopla go for a minute and see if -- see
if there's people that chirp, and if there is, we could probably
continue it but just to see what would happen.
Commissioner Kowal.
COMMISSIONER KOWAL: Thank you, Chairman.
I just -- I just wanted a little history on it. I don't know a whole
lot about it. Do we know when we started using Hoopla, or does
anyone have an answer?
MS. PATTERSON: We have Ms. Cowser here from the
library. She can provide that information.
MS. COWSER: For the record, division director of Collier
County Public Libraries, Catherine Cowser.
Yeah, we've been using e-books in general for -- since I joined
Collier County Public Library 15 years ago. What it is is vendors
offer different services, and they've continued to be either bought out
or sold on other vendors, and that's one of the reasons OCLC's
coming before you today is because they used to be
owned -- cloudLibrary used to be owned by Bibliothecha, and now
OCLC bought them out. And Commissioner Hall is correct, that's
part of our cataloging service also.
But cloudLibrary did something special, and we actually -- that's
why we increased the exemption. But I'll talk about why we
increased the exemptions for both in a minute.
September 10, 2024
Page 115
But cloudLibrary offers a consortium. Thirty-nine libraries in
the state of Florida belong to this consortium, so our buying power is
really high with cloudLibrary. We get a deal.
Last year, our patrons downloaded 33,000 audiobooks and
33,000 e-books from cloudLibrary that we did not buy. Other
libraries in the state of Florida bought those books. If I had to buy
those books, it would have cost me upwards of 150- to $200,000, and
our patrons got those for free. That's why we moved additional
funds away from one of our other vendors to cloudLibrary, because
we got a bigger bang for the buck, and that's what we're always
looking for, using the money I have.
An exemption doesn't really give me -- it gives me the ability to
spend. That's what an exemption does. The budget gives me my
true spending money with -- whether it's for physical books or
whether it's for downloads, audio or e-books. So you guys
determine my budget. The exemption just gives me the power to
move that money to get the biggest bang for the buck within that
fiscal year or within that two fiscal year period, whatever, you know,
the exemption goes through. And I'm always looking for that. So
right now, cloudLibrary is the biggest bang for our buck.
Hoopla, the reason we have Hoopla, it's a -- people can get on it
simultaneously. So if I have children who want to use the Sunshine
State Readers, which are real popular in the summer, I can't buy
enough physical copies to check out. We buy about 20 of each book
that they're supposed to read over the summer. But Hoopla has
those books available simultaneous use. So there's no wait for them.
There's no holds. I can get 50 kids who can all read the same book
through Hoopla, and my average cost for Hoopla is only $2 a
download.
So say, if you want to compare to -- I buy a physical book in the
library for $49 or $39, right, and it gets checked out four times, it's
September 10, 2024
Page 116
still cheaper for me to go to Hoopla and have somebody read that
book for $2. And my purchasing price on Hoopla, we set those
limits, we set a monthly budget, and I can increase or decrease
depending on what budgets you allow me.
We also get donations, and that's another reason for the
increased exemption amount is because we get donations through the
year. I get people from Mail-A-Book who give me 3-, $400, and
say, "Hey, use this for Mail-A-Book."
I get -- the Friends organization. LoCastro has attended, you
know, and they give me 75,000, but they say, I want you to use this
particularly for e-books or e-audiobooks, and they put, you know,
their required spend on that, that this has to be used towards that. So
they do put restrictions.
But let me give you a little bit of just quick background on the
complaints that we've had for a week. So what we did was we put
up on our website that we had -- very positive messaging that we've
had a temporary interruption in services. Please contact us and let us
know how can we better serve you or maybe find the book you're
looking for in a physical format or on cloudLibrary or on Libby.
So we've had over 200 people call in a week between filling out
comment cards, coming into libraries. We've had 200 of your
constituents. And I grouped their concerns into four categories.
The first one was if we limit our collection to physical items, which
they said, you know, this -- they thought that by us cutting out
Hoopla, they weren't familiar, maybe, with cloudLibrary.
And they said, you know, if you only have physical collections,
you're impacting my access. I have a family. I have a family of
four, a family of six. I can't get to the library this week, but my kids
need something to read. And so they -- that was one of their
concerns, that I'm limiting their access to people who cannot
physically come into the library.
September 10, 2024
Page 117
The second concern was people who are on the go here in
Collier County. And as you know, people come to Collier County
because they get out and they exercise. They're bikers, they're
walkers, they're runners, and they're listening to audiobooks while
they do that. And so they said that really restricted their access,
because if I'm going to limit it to just physical items in the library,
that's a book or a CD. And as we all know, the CD players that we
used to listen to and walk, those are long gone. So they accuse me
of limiting their access.
And then we had people who were vacationing, and they called
from far away and said, "Hey, I pay taxes here in Collier County.
I'm a homeowner here in Collier County. I'm gone for three weeks.
I can't come into your library, but I want a book, or I want an
audiobook." So they -- you know, they said they really felt that their
tax dollars should be wherever they go, and they vacation to; they
should be able to download a book from us.
And then the fourth reason was people who are visually
impaired. So people who are visually impaired, for them to get into
the library in the first place is hard. And then they said, "Hey,
technology has changed. I just don't want to use a CD player. I can
download a book on my phone, an audiobook." And so, an example
of this is last Saturday a woman came in with her caregiver. She is
virtually blind and can't come into the library, but she says, "How can
I use the library?"
And so what I did for her -- her hearing aids actually go into her
phone, but -- and that's not with a CD player. That's not with a book.
But I downloaded three books that she can read from her phone and
get them directly into her hearing aids.
And so what she's going to do is call the library, you know, like,
once a month, get the four latest books, the trendy books, and what
she should download. So these are people who you don't think are
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impacted, but we see them every day in the library. And that's the
information I need to bring to you is, you know, that kind of access
that we should bring to patrons and just to let you know more about
our services.
And, you know, it's my responsibility to guarantee that all
community members have access to materials and resources and that
they're distributed and utilized without bias. Equitable service
ensures that everyone has equal access.
And I agree with Commissioner McDaniel, we need to come
back to you in Fiscal Year 2025 early in the year with discovery and
research and -- if you're interested in changing the services that we
offer our patrons. Until then, I'd ask you to approve Hoopla and
OCLC, and we'll come back with a plan with either tiered spending
or why we spend the way that we do, and that just educates all of us
on why we offer what we do.
CHAIRMAN HALL: Commissioner McDaniel.
COMMISSIONER McDANIEL: Don't go away.
MS. COWSER: Don't go away. I can't sit down?
COMMISSIONER McDANIEL: How many library
cardholders do you have in the entire system?
MS. COWSER: In the entire -- 180,000.
COMMISSIONER McDANIEL: So --
MS. COWSER: Yeah.
COMMISSIONER McDANIEL: -- less than 50 percent of the
total population of Collier County has a library card.
MS. COWSER: Has a library card.
COMMISSIONER McDANIEL: And so the impetus -- what I
want you to hear from me --
MS. COWSER: Okay.
COMMISSIONER McDANIEL: -- is we don't want to
supplement, out of 100 percent of the people, 50 percent that actually
September 10, 2024
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have a library card. We don't want that supplementation to go on.
That's the reason that I pulled the agenda item that was put forth two
weeks ago where we were asking for a five-year extension on these
agreements.
So I continued them to this meeting, agreed with staff to do a
one-year extension so that we could continue to provide the services
as we always have for one more year, develop a tiered fee structure
so that those that can afford to pay can pay and do compensate for the
services that are rendered, okay. I needed you to hear that from me
that that was my rationale.
It was very similar to what we were talking about with the water
ratepayer -- or the water payers when we were supplementing the
credit card users for a credit card fee, out of all of the water
customers, we're supplementing almost $1.8 million a year in credit
card fees that we were -- that we were paying for those -- those few
that chose to use their credit card.
So having that number now is -- of library cardholders helps -- I
hope helps you understand where I'm coming from anyway with
regard to supplementing out of our General Fund a million dollars a
year for these folks who actually utilize these services.
It's only right that those that can afford to do, in fact,
compensate for the services that they receive.
CHAIRMAN HALL: Yes, and it's easy to make the case. But
when you break the numbers down, you've got 200 people that, so
far, just in a week -- I'm sure that's going to grow. But that's 200
people that the taxpayers are paying $86,000 a month for those
200 -- for those 200 people to access something for free when
they're -- if we were the only source of something free, that would be
a different argument, but there's multiple sources for something free.
So I was just -- I don't think it's good fiscal sense to provide
those services for less than -- less than 1 percent of the population.
September 10, 2024
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And I was just -- I wanted to bring -- you know, if the Board decides
to do it, then we'll decide to do it.
I love the -- I love the shared thing, but to -- it's just a lot of
money to have somebody to have the chance or the choice to do
something that they're not paying for anyway.
Commissioner McDaniel.
COMMISSIONER McDANIEL: Well -- and just to reiterate
my point, I agree 100 percent with you, but I would rather we extend
these agreements for one more year, develop the tiered compensation
methodology and have that brought back to us so that we can offset
the majority of these exposures and not be supplementing out of the
General Fund.
So I -- my -- I'd make a motion to pass these for one more year
and have that -- and have that tiered compensation structure come
back to us early in the fiscal year of '25, which is before the end of
'24.
CHAIRMAN HALL: Commissioner Kowal.
COMMISSIONER KOWAL: Thank you, Chairman.
I just don't want us to lose sight up here that the
150-some-odd-thousand that have library cards are also taxpayers, so
I don't know that it's free. We keep using the word "free services."
They do pay taxes, too. You know, everybody pays taxes in this
county to the General Fund, and we do a lot of things that don't
benefit every person in the county, all 405,000. I mean, if we're
going to start dividing it up that way, then it will make our job really
hard.
I'm just -- I'm just bringing light on that just so we don't
lose -- lose light that they do pay. They do pay something.
CHAIRMAN HALL: Sure. Everybody pays.
COMMISSIONER KOWAL: You keep using the word "free."
But the other question -- I never really got to it. Is this -- what's it,
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Hoopla?
MS. COWSER: Uh-huh.
COMMISSIONER KOWAL: Is it a sole provider? I mean, is
it --
MS. COWSER: Yeah.
COMMISSIONER KOWAL: -- that does this particular
service?
MS. COWSER: Basically, there's three big players in the
game, and we have exemptions for all three, which allows us to go in
between for the best deal. So it's Hoopla. There's Kanopy, Hoopla,
Music --
COMMISSIONER KOWAL: I guess where I'm going is,
because now we're renewing it, did we competitively have the other
ones have an opportunity to --
MS. COWSER: So -- well -- and that's what we look at, the
prices of -- there's Libby, which is OverDrive, that one's higher price,
and we've moved more funds away from that, and we have gone to
Hoopla, and we have gone to cloudLibrary that are better deals.
There's not five, six, seven players in the game. There just isn't.
They're consolidating. And that's a great question. But we look for
the best deals on each of those platforms.
We just recently switched our magazine. Same thing. We
were with a company called Flipster, and, you know, over two or
three years, they kept increasing their prices, and I pulled away, and
we went to cloudLibrary for the magazines. So we're constantly
looking at the best deal.
COMMISSIONER KOWAL: And, you know, I kind of -- I
understand what Commissioner McDaniel -- I'm kind of looking at
the same thing we do with the credit card thing. You know, it is a
little extra service that we provide that maybe not everybody in the
libraries use them, too, you know. We can probably say that.
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Maybe there is an extra few dollars, you know, towards a library
card if you use these type of services. I don't know the exact
number. I don't know how -- it would be something that would have
to be broken down; we'd have a longer discussion on it.
But, you know, I don't want to see the service disappear,
because it sounds like -- especially when you made the comment
about the kids and off -- you know, summer reading, mandatory
reading for schools. You know, they come into the library, and
there's only 50 copies in the whole county. You've got -- we've got
50,000 kids that are on vacation in the summer.
MS. COWSER: Yeah. They're not going to wait two or three
weeks, you know, for a book. They need to read it now.
COMMISSIONER KOWAL: Yeah. It's something -- a tool
that they can -- or maybe it's something we need to get on with the
school board. Maybe they can share some of the cost, you know,
because it's their students that are utilizing it in through the library
system. So I don't know if that's some -- an avenue we can look at,
or bring them on board.
MS. COWSER: Yeah, and see what the schools purchase. But
they kind of look at what we purchase, too, and ask us to purchase the
Sunshine State. They give us the list and --
COMMISSIONER KOWAL: No. I'm saying share the cost
for us.
MS. COWSER: Share the cost.
COMMISSIONER KOWAL: Yeah. They've got deep
pockets over there.
CHAIRMAN HALL: Yeah, they raised their taxes.
COMMISSIONER KOWAL: They keep raising their taxes.
MS. COWSER: Oh, I didn't know that.
But I think, Commissioner Kowal, like you said, I mean, you
take the lady who came in, and she's lost her vision. She pays taxes.
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She's not using parks and rec. She's not using maybe some of the
other services, but to her the library's very important. And, you
know, she considers her tax dollars, too, that, hey, I use the library,
and I get four books a month, you know.
COMMISSIONER KOWAL: Yeah, I think it's --
MS. COWSER: Thank you.
CHAIRMAN HALL: Commissioner Saunders.
COMMISSIONER SAUNDERS: Yeah, I'm glad you -- pardon
me. I'm glad you mentioned the parks, because when we start
looking at things like Commissioner McDaniel was talking about, we
don't want to supplement one group of people -- have another group
of people paying to supplement their use. We do that everywhere.
I mean, that's -- our parks, there are a lot of people that never go to
the parks, don't have family, kids that go to the park, but they don't
have a problem paying their taxes. Same thing with school taxes.
A lot of folks don't have any kids in the school system.
So there are a lot of reasons why you have programs that some
people use and some people don't. Everybody pays for all of them,
and I don't have a problem with that. So I think we've got to be a
little careful looking at making sure that the people that are paying
for a particular service, those are -- they're not supplementing
somebody else, because we do that a lot.
And I'll second the motion, if there's a motion to approve those
for another year, because I think we need to evaluate it. I think that's
a great idea.
But I don't really buy into the fact that there's only 150,000
patrons in the library, perhaps, but everybody else is paying for them.
So I'd just caution us on that.
COMMISSIONER McDANIEL: That's a nice caution, and I
probably misspoke when I was talking about that. I just -- there are
less users of these particular e-books and these services that are being
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rendered, and all I -- and this is just an overall overarching thing.
When our residents have the capacity to be able to pay, then they
should be paying.
CHAIRMAN HALL: And that's exactly why I brought this
forward, just so that we could have the discussion. So we have a
motion and a second. And so all in favor, say aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN HALL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER KOWAL: Aye.
CHAIRMAN HALL: So moved.
Item #12A
A REPRESENTATIVE OF THE COUNTY ATTORNEY’S OFFICE
TO BID ON BEHALF OF THE COUNTY AT ONE CODE
ENFORCEMENT LIEN FORECLOSURE SALE SCHEDULED BY
THE CLERK IN COLLIER COUNTY, FLORIDA V. LEE VERN
LAMBERT, ET AL, CIRCUIT COURT CASE NO. 23-CA-3392, IN
AN AMOUNT NOT TO EXCEED THE VALUE OF THE
COUNTY’S FORECLOSED LIEN INTEREST
(APPROXIMATELY $235,029.65). (COMMISSIONER
MCDANIELS’ REQUEST) - MOTION TO CONTINUE THIS
ITEM TO A FUTURE MEETING BY COMMISSIONER
MCDANIEL; SECONDED BY COMMISSIONER LOCASTRO
MS. PATTERSON: Commissioners, that brings us to
Item 12A, formerly 16K3. This is a recommendation to authorize a
representative of the County Attorney's Office to bid on behalf of the
county at one code enforcement lien foreclosure sale scheduled by
September 10, 2024
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the Clerk in Collier County, Florida, versus Lee Vern Lambert, et al,
Circuit Court Case No. 23-CA-3392, in an amount not to exceed the
value of the county's foreclosed lien interest, approximately
$235,029.65.
This item is moved to the regular agenda at Commissioner
McDaniel's request.
CHAIRMAN HALL: Yes, sir.
COMMISSIONER McDANIEL: Yes, sir.
I just -- the County Attorney and I spoke about this yesterday,
and this is -- this is a foreclosure sale that we're going in on, and he
was asking for authorization to go up to the lien amount on the -- at
the bid just to protect our interests.
I had the suggestion of lifting the lien -- or the limit on what
could be bid. We have to be careful because this is a public auction,
and anybody can go -- anybody can go bid. So if we start setting
limits, someone can go bid a dollar more. And, of course, our
primary goal is to get back the amount of our lien, but on the same
token, we're shy of public access for waterfront properties. This
particular piece of property is very close to one of our public boat
ramps where we're terribly limited on parking as well. And so I
wanted to float the idea of allowing our County Attorney's Office,
when they go to this sale, to go higher than the limit to be able to
maybe acquire the piece of property.
COMMISSIONER LoCASTRO: So the property is in my
district and, I mean, if the -- if you're implying that if we bought the
property, that turning it into a parking lot for the boat ramp just down
the road -- I mean, this house might look -- it is close to the boat
ramp, but it's also in the middle of the neighborhood. The person
who owns the house right next to this thing I don't think wants a
parking lot right next to their house, or the people across the street.
So, I mean, I'm not saying it's not -- it's not an option. And
September 10, 2024
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we're just spitballing here. But I can tell you what the community
wants is they want that house sold to somebody who's going to clean
it up and keep it a house.
You might be trying to think out of the box. And, no question,
there's a big parking issue at the Goodland marina, but I'm not so sure
acquiring this house and then trying to move the steps forward to turn
it into -- you know, pave paradise and put in a parking lot is what the
citizens of Goodland would be excited about, especially in this
location. Although it is convenient to the marina, it's also
convenient to the surrounding neighbors, so...
COMMISSIONER McDANIEL: Sure.
COMMISSIONER LoCASTRO: I mean --
CHAIRMAN HALL: Well, there's nothing wrong with
purchasing it and selling it and profiting from it.
COMMISSIONER LoCASTRO: Well, that's -- and I can tell
you, there's already --
COMMISSIONER McDANIEL: Can we do that?
COMMISSIONER LoCASTRO: I do know people who are
extremely interested in buying it for a significant amount, not a
dollar, and to clean it up and make it a viable house in the
neighborhood.
MR. KLATZKOW: If it's the Board's desire to consider
purchasing the property, we would get appraisals, and the
recommendation would be to authorize me to bid up to the appraisal
level.
COMMISSIONER McDANIEL: We can't do that within the
time frames.
MR. KLATZKOW: Yes, we can. The -- we can, sir.
The -- Ron, what time is the foreclosure?
MR. TOMASKO: November 21st.
COMMISSIONER LoCASTRO: It's November something,
September 10, 2024
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yeah. 21st?
MR. TOMASKO: 21st at 7 a.m.
COMMISSIONER LoCASTRO: Yeah, yeah, yeah.
COMMISSIONER McDANIEL: And we could do the
appraisals in-house? Would that be sufficient to meet our
two-appraisal methodology?
MS. PATTERSON: Is there a threshold that we have to go
outside?
MR. FINN: What's the threshold, Jeff?
COMMISSIONER McDANIEL: Five hundred.
MR. FINN: Five hundred. It depends whether it exceeds that.
The review appraiser is capable -- the internal review appraiser is
capable --
COMMISSIONER McDANIEL: It's going to come in more
than that, probably.
MR. FINN: Whether it fits the statutory threshold.
MR. KLATZKOW: So if the in-house appraisal comes back to,
say, $800,000, at that point in time consider going to the Board and
asking for a second appraisal.
COMMISSIONER McDANIEL: That's a path to travel. And,
again, it's your district. I'm not getting up your skirt on this. I'm
just talking about the --
COMMISSIONER LoCASTRO: I don't wear skirts.
COMMISSIONER McDANIEL: Okay. I'm not -- the
utilization of the piece of property for the public good -- we've got a
terrible, terrible parking issue.
Sorry about that. Those two down there are laughing at me,
so...
The -- we've got a terrible parking issue here, and so that was
one of my thoughts was if we could acquire this piece of property and
certainly buffer it from the neighbors that are close as best as we
September 10, 2024
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could but provide for additional parking, why wouldn't we pursue
that?
Now, on the other side, we can just leave it alone, bid in
our -- bid in our lien amount and go on about our business. I'm fine
with that as well. But we're just so -- we're so constrained on
properties on waterfront that -- why wouldn't we have a look at it?
COMMISSIONER LoCASTRO: Well, I think you'd get a lot
of pushback from the neighbors and from the commissioner whose
district it's in. I don't know that that's the spot for a parking lot. But
I think we're talking about two or three different issues here. The
bottom line is, we're trying to recoup as close to the amount as to
what they owe us, correct? I mean, that's sort of Issue No. 1, you
know.
MR. KLATZKOW: Yes, sir.
COMMISSIONER LoCASTRO: And I think that's the
paramount issue, you know. And secondary, I know the citizens in
the surrounding area have had a lot of town hall meetings in this
community, you know, and they understand the parking issue. But I
think I can speak for them saying they would like this to be a house
that matches all the other houses around it, not tear it down and turn
it into a parking lot. But the bottom line is whatever this house sells
for is more than we've ever gotten out of this owner. So even if we
didn't recoup the 200,000, and I'd like to, it's still -- right? I mean,
they haven't paid a penny.
MR. KLATZKOW: I have no doubt we will recoup our
money.
COMMISSIONER LoCASTRO: Yeah. I mean --
CHAIRMAN HALL: Here's the way I'd like to approach it.
We're going to -- I'd like to raise the limit. If the house appraised for
a million dollars, I'd like to set us, you know, a maximum bid of
80 percent of the value. And once we acquire it, we can, in turn, put
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it for sale and recoup our money, plus some.
Now, by law, anything over an amount -- over and above the
lien amount, the landowner actually has a -- has an opportunity to
claim that if he knows about it. I'm going to say probably 90 percent
of the time they don't, but -- so I definitely am all about raising the
limit to acquire it. And we have everything to gain and nothing to
lose by doing it.
MR. KLATZKOW: We could continue this item, and then we
can come back with an in-house appraisal, and then the Board could
take a fresh look at it. Again, we have plenty of time on this.
CHAIRMAN HALL: Commissioner McDaniel.
COMMISSIONER McDANIEL: Yeah. Let's cross the first
bridge and go ahead and raise the limit to the amount of the lien, go
ahead and do the in-house appraisal. I don't -- I'm not happy with us
moving into the real estate business and buying it for one reg
(phonetic) and selling it for one and a half or two. It's not what the
government does. Doesn't -- we don't do those things well. If we --
CHAIRMAN HALL: I could do it really well.
COMMISSIONER McDANIEL: I know you can, but -- so I
would rather take care of the raising the limit and do an in-house
appraisal, and then we come back and have another discussion --
COMMISSIONER LoCASTRO: About options.
COMMISSIONER McDANIEL: -- as to whether or not we
want to pursue the actual acquisition or not. We had -- you know,
there again, if we get into specificity, if it appraises at a million
dollars and we give 80 percent of, then that tells the world that we'll
pay 800,000, so somebody buys for 801-, and we get beat at the
podium.
CHAIRMAN HALL: That's okay. We still get the money
back, plus -- plus, if it's not claimed, we still get all the money.
COMMISSIONER McDANIEL: We still get our -- we're only
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entitled to our lien amount ever, unless we were to buy it and then
resell it. But if we start getting into a public discussion about a
public auction, we're not -- we're not the general public. We're the
government, and so --
CHAIRMAN HALL: How much is the lien amount? Is that
the amount listed?
COMMISSIONER McDANIEL: Two hundred thirty some
odd, yeah; 235-.
COMMISSIONER LoCASTRO: The one thing I just want to
echo is this isn't a real estate deal. This is a junkyard house that
we've dealt with for years. It even predates me. And so we're
finally at the final stage.
And so the goal here is to turn this junkyard house into
either -- something viable that matches everything else around it. I
agree, I don't think we want it to just go to auction and it sells for a
fraction of what it's worth.
So, you know, I concur with, you know, getting an appraisal and
moving forward. But in the end, the goal is this house is -- if you've
ever driven by it, it's a total junkyard house that we're trying to flip.
CHAIRMAN HALL: There's bucks in the yucks.
COMMISSIONER LoCASTRO: Yeah. Let's see what you
come back with. Like you said, we have time.
MR. KLATZKOW: Yes.
COMMISSIONER LoCASTRO: And even the part about the
parking lot or whatever, like I said, I'm just speaking from knowledge
talking to the citizens. I like the idea out of the box. But, you
know, I can tell you, it's close to the marina, but it's also smack dab in
the middle of a neighborhood. But maybe that's for a separate
discussion. Let's see if we acquire, you know, the house first and see
what you guys come back with.
But I really want to applaud Jeff Klatzkow and his team because
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this is -- this is kind of -- we haven't done this a lot, right? I mean,
we've had these junkyard places before and, you know, the fine went
up 200,000, nothing ever got paid, and then it fell through the crack.
This is one time where we've aggressive -- really held feet to the fire.
And trust me, this family has come to court, and they have been
very visible. They're not missing in action, and they're not happy.
They came in here one time at one of our commissioner meetings,
you know, begging for extra time. And thankfully we all said, listen,
you've had years, you know. So they've had the time.
So, you know, we want to do this one right. And this might
also set a precedent. I actually mentioned this house in my
newsletter, and what I said to citizens is, "Do you have a junkyard
house in your neighborhood?" You know, you don't just have to put
up with it.
We can have Tom from Code Enforcement send his team out to
addresses. You know, don't be silent and just roll your eyes and say,
"Oh, we hate this one house in our neighborhood."
You know, we're the County, and we do have standards. This
one's way past the standards. But I've since heard from several other
citizens and have pushed those over to Code Enforcement to take a
look.
You know, we need to take action on these and not just, you
know, kick the can for years and years. So I look forward to see
what you come back with. And I know some people that think
they're going to get this house for pennies on a dollar aren't going to
be happy what we just talked about now, but --
COMMISSIONER McDANIEL: It doesn't matter.
COMMISSIONER LoCASTRO: -- that's how it works.
MR. KLATZKOW: My expectation is somebody is going to
buy this property, knock down what's there, and put up a really nice
house.
September 10, 2024
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COMMISSIONER LoCASTRO: Well, that's the plan, yeah.
COMMISSIONER McDANIEL: Well, you know, there again,
you talk about it for our use. It doesn't have to be a parking lot.
Maybe -- you know, maybe -- maybe we can put it up for housing
affordability for the businesses that are in the area. Do something.
COMMISSIONER LoCASTRO: A lot of options.
COMMISSIONER McDANIEL: There's a myriad of uses that
we can -- we can have a look at, but --
CHAIRMAN HALL: So what --
COMMISSIONER McDANIEL: You want a motion for a
continuance for two weeks and do the in-house appraisal and then
bring it back?
CHAIRMAN HALL: Continuance until we --
MR. KLATZKOW: Why don't we continue this without a date,
and then once we have appraisals, we'll bring it back.
COMMISSIONER McDANIEL: Appraisal.
MR. KLATZKOW: Yes.
COMMISSIONER McDANIEL: And then if that appraisal
in-house comes back higher than the 500,000 limit, then we'll have a
discussion at the Board level about ordering another one or not.
COMMISSIONER LoCASTRO: That's fair. You can do all
that without a motion, I think, right? Just do it.
MR. KLATZKOW: Yes, I can do that. Although it would be
better to continue it.
COMMISSIONER McDANIEL: I'll make the motion for
cont- -- I mean, I'll make the motion for the continuance.
COMMISSIONER LoCASTRO: I'll second it.
CHAIRMAN HALL: All right. Motion and seconded just to
continue. All in favor?
COMMISSIONER McDANIEL: Aye.
COMMISSIONER LoCASTRO: Aye.
September 10, 2024
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CHAIRMAN HALL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER KOWAL: Aye.
CHAIRMAN HALL: Good.
MS. PATTERSON: Commissioners, that brings us to
Item 14B1. This is formerly Item 16L2.
COMMISSIONER McDANIEL: Well, I'm reflecting over my
slip of the tongue.
MS. PATTERSON: I'm sorry?
COMMISSIONER McDANIEL: You're good. Continue.
MS. PATTERSON: 12B was returned back to the agenda at
the beginning, so...
COMMISSIONER SAUNDERS: Oh, that's right --
COMMISSIONER LoCASTRO: There isn't a 14B?
Item #14B1
THE BOARD OF COUNTY COMMISSIONERS (BCC), ACTING
AS THE COMMUNITY REDEVELOPMENT AGENCY (CRA),
AUTHORIZE FOUR MEMBERS OF THE BAYSHORE
GATEWAY TRIANGLE LOCAL REDEVELOPMENT
ADVISORY BOARD, ONE MEMBER OF THE BAYSHORE
BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT
ADVISORY COMMITTEE, FOUR MEMBERS OF THE
IMMOKALEE LOCAL REDEVELOPMENT ADVISORY
BOARD, AND ONE MEMBER OF THE IMMOKALEE
BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT
ADVISORY COMMITTEE TO ATTEND THE FLORIDA
REDEVELOPMENT ASSOCIATION 2024 ANNUAL
CONFERENCE; AUTHORIZE PAYMENT OF THE
ASSOCIATED REGISTRATION, LODGING, TRAVEL AND PER
September 10, 2024
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DIEM COSTS FROM THE CRA TRUST FUNDS (FUNDS
1020/1025); AND DECLARE THE TRAINING RECEIVED BY
THE BOARD MEMBERS AS SERVING A VALID PUBLIC
PURPOSE. (COMMISSIONER MCDANIELS’ REQUEST) -
MOTION TO APPROVED BY COMMISSIONER MCDANIEL;
SECONDED BY COMMISSIONER KOWAL
MS. PATTERSON: Yeah. We're going to 14 -- we're going
to -- we had a 12B, but 12B got put back onto the consent agenda.
So we're going to 14B1, which was formerly 16L2. This is a
recommendation that the Board of County Commissioners, acting as
the Community Redevelopment Agency, authorize four members of
the Bayshore/Gateway Triangle Local Redevelopment Advisory
Board, one member of the Bayshore Beautification Municipality
Service Taxing Unit Advisory Committee, four members of the
Immokalee Local Redevelopment Advisory Board, and one member
of the Immokalee Beautification Municipal Service Taxing Unit
Advisory Committee to attend the Florida Redevelopment
Association 2024 annual conference; authorize payment of the
associated registration, lodging, travel, and per diem costs from the
CRA trust funds; and declare the training received by the board
members as serving a valid public purpose. This is being moved to
the regular agenda at Commissioner McDaniel's request.
CHAIRMAN HALL: Yes, sir.
COMMISSIONER McDANIEL: Come up here, Mr. John.
Why is he laughing?
MS. PATTERSON: He was sitting there quietly waiting to see
if you were just going to talk amongst yourselves.
COMMISSIONER McDANIEL: No. No, no, no, no. The
reason that I pulled this is because we are -- these funds, the CRAs,
both the Bayshore and the Immokalee and the MSTUs, are taxpayer
September 10, 2024
Page 135
money. And if I recall, this is about $78,000 --
MR. DUNNOCK: Seventy-eight hundred.
COMMISSIONER McDANIEL: -- for 10 people to go for this
one --
MR. DUNNOCK: Seventy-eight hundred.
COMMISSIONER McDANIEL: Seventy-eight hundred.
MR. DUNNOCK: Yeah, per CRA. It's about 16,000 total.
COMMISSIONER McDANIEL: Oh, okay. Maybe I misread
it.
CHAIRMAN HALL: Maybe that's 7800 bucks a person.
COMMISSIONER McDANIEL: I had 78,000.
MR. DUNNOCK: No. It's thirteen, 1200 a person.
COMMISSIONER McDANIEL: Okay. Make a motion for
approval.
COMMISSIONER KOWAL: I'll second it.
CHAIRMAN HALL: All right.
COMMISSIONER McDANIEL: I'm sorry. I had 78,000.
CHAIRMAN HALL: No worries.
MS. PATTERSON: I think we all misread it probably, because
I had a much larger number in my mind, too. When he said 7800, I
was like, "What?"
CHAIRMAN HALL: Just think how smart we're going to be
when four people go out of each CRA when they come back after
being trained.
So we have a motion and a second. All in favor, say aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN HALL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER KOWAL: Aye.
CHAIRMAN HALL: So moved.
September 10, 2024
Page 136
COMMISSIONER KOWAL: What is that beeping?
COMMISSIONER McDANIEL: Yeah, it does say 7,800 in the
executive summary. It's 7,800. When you and I talked about it
yesterday, I had 78,000 in my head, so...
MS. PATTERSON: I think we were focused on the number of
people going, too, and that didn't seem unreasonable for 10 people.
But I guess -- yeah, okay. Moving on.
Item -- that brings us to Item 15, staff and commission general
communications.
Item #15A
PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE
CURRENT OR FUTURE AGENDA BY INDIVIDUALS NOT
ALREADY HEARD DURING PREVIOUS PUBLIC COMMENTS
IN THIS MEETING – NONE
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.
MS. PATTERSON: Have we ever had one?
MR. MILLER: I was just thinking, but I think one time we did,
but it was just one, and they weren't able to be here for Item 7.
Item #15B
STAFF PROJECT UPDATES – NONE
MS. PATTERSON: I see.
All right. Staff project updates, we have none.
September 10, 2024
Page 137
Item #15C
STAFF AND COMMISSIONER GENERAL COMMUNICATIONS
And that brings us to Item 15C, staff and commission general
communications, which I also have none.
County Attorney?
MR. KLATZKOW: Nor do I.
MS. PATTERSON: Commissioners.
CHAIRMAN HALL: Commissioner Saunders.
COMMISSIONER SAUNDERS: I do not have anything,
Mr. Chairman. Thank you.
CHAIRMAN HALL: Okay. Well, if any of us gets windy and
it comes to be 2 o'clock, you do your deal.
COMMISSIONER SAUNDERS: I appreciate that.
CHAIRMAN HALL: Commissioner Kowal.
COMMISSIONER KOWAL: I just want to thank everybody
up here for doing the hard work and staff for all the hard work they
put in. I thought this meeting would have been a lot longer and a lot
more, but I think we got it done fairly quickly. So thank everyone;
thank you.
CHAIRMAN HALL: Commissioner McDaniel.
COMMISSIONER McDANIEL: Yeah. Good afternoon. I
have two issues.
The first, Commissioner Saunders, you and I were in agreement
on a variance request over on Sycamore that got pushed through.
We pulled and requested an objection to the variance request that the
Hearing Examiner granted within the 30-day period I think at Day 26,
and somehow the necessary notice didn't get to the owner, and the 30
days lapsed before he actually got noticed.
September 10, 2024
Page 138
And I'd like to have a quick rendition from Mr. Bosi, if you can,
as to what transpired, why that transpired. And also, my second
point with pulling that in the first place -- I really wasn't -- didn't
really have any intention of making the fellow tear down his building,
but I wanted to fix the system with regard to the lack of coordination
between Zoning and Building with regard to our permitting.
That's what -- there's where the hole in the doughnut that I was
seeing needed to -- as Commissioner LoCastro said earlier, we're here
to fill in the cracks.
MR. BOSI: Thank you. Good afternoon. Thank you,
Commissioner. Mike Bosi, Planning and Zoning director.
And I guess the place to start was -- on June 11th was the
hearing which during the Item 15 you had requested, and
Commissioner Saunders had requested, the appeal of the Hearing
Examiner's decision. That Hearing Examiner's decision was
rendered on May 17th. That meeting was July 11th, so -- or
June 11th, so you were within the 30-day window.
Staff -- staff was present. We heard that, you know, for staff to
initiate the appeal of the -- of the hearing or the HEX decision.
And one of the things that staff did was on June 14th -- and let
me think. So on June 14th, three days after the Board directed staff
to initiate the appeal of the HEX decision, I reached out to Noel
Davis. Noel Davis was the attorney who represented Jamie
Lawrence, who was the property owner for the Sycamore variance.
I contacted Mr. Davies, as you can see, and I left a voicemail the
day before on the 13th, and I had let him know that on Tuesday, the
BCC, under general communications, directed staff to appeal the
HEX Decision 24-20. Let me know if you and your client would be
able -- be available for the July 23rd or the August 13th BCC hearing.
Because specifically what you requested, you wanted to hear that
over the summer. You thought it was appropriate to hear it over the
September 10, 2024
Page 139
summer. So I reached out to Mr. Davies three days later,
within -- within that 30-day period.
Then, unfortunately, it wasn't until Noel's response on the 19th
of June that I was -- read the message, and it basically says, "I no
longer represent Mr. Lawrence. I have copied him so you can
contact him directly regarding the schedule," at which time, that same
day, I contacted Mr. Lawrence and said, "Please, let me know when
you're available -- if you're available for the August 13th BCC
hearing for the Board to hear the appeal of the attached decision.
We've passed the deadline for the advertising for the July 23rd BCC
hearing."
So one of the things that -- when I spoke with him, he said, "Can
you work with me? Can you work with me? I need to find
additional representation. If the Board of County Commissioners
wants to hear a review of the HEX decision, I think I need
representation." So I agreed to work with Mr. Lawrence.
But what happened, the day that I contacted him on the 19th,
that fell outside of the 30-day window. The time frame for a HEX
appeal -- and you'll be able to see it. It says, "Within 30 days after
the Hearing Examiner's written determination has been rendered,
either the county or the landowner may appeal the determination to
the Board of County Commissioners. Additional fees must
accompany the appeal. At the public hearing, the Board of County
Commissioners review the record created by the HEX decision, and
they could take action related to that review."
The Board voting to appeal the HEX decision didn't comply
with the requirements for staff to file the appeal. I was -- it was my
mistake. I thought the Board, acting within that 30-day, would
vest -- vest your ability to hear that appeal. I should have reached
out to Heidi Ashton, who's the managing county attorney for
Community Development/Growth Management, or Mr. Klatzkow to
September 10, 2024
Page 140
confirm that -- at least my understanding, and I did not do that.
So when I did first contact Mr. Lawrence after I got the response
back from his firm or representation, it was outside of that window.
So because of that -- and the representative that Mr. Lawrence
retained, Mr. Steve Bracci, a long-time attorney, found that
procedural loophole, and he expressed that, because of that, that he
felt that we were within that -- that we were outside of the window
that was provided to us.
COMMISSIONER McDANIEL: With that, I would like to -- I
would like for us to come up with a procedure somehow so that we
don't get caught again. If there is -- if there is an action by this board
that has a time limit -- and I remember, Commissioner Saunders, you
and I specifically talked about this time limit and that we were within
that time frame. I want necessary legal action to be taken, not
relying upon zoning staff but the County Attorney's Office, to ensure
that we're within the guise of our ordinances so that we don't end up
in a technicality here. Go ahead.
MR. BOSI: But one thing -- and I was amiss. Before I started
this, I did want to say on this agenda, this agenda that you guys
approved as part of the consent agenda, was a second request to
advertise for modification to the Collier County Building Code to
require after -- within 10 days of the point of a foundation, we now
will require -- at the September 24th you'll have it on your actual
agenda that will require a spot survey to be submitted within that 10
days to be able to prevent for this same issue to come up again to
be -- so the fix that you guys were most focused upon, I believe, is
being proposed, and you guys will adopt that within your next
hearing, but I just wanted to put that aside.
It was -- the responsibility was on me, and I was outside of that
window, and it's -- it's something that I bear the responsibility for.
COMMISSIONER SAUNDERS: Let me chime in for just a
September 10, 2024
Page 141
minute. First of all, I appreciate staff recognizing that an error was
made and admitting it. I mean, that's 99 percent of everything
working smoothly is if we make mistakes, we need to own up on
them and correct them.
But I will say, this was a failure of communication. The
County Attorney represents the County Commission. The County
Commission voted to do the appeal. And I don't often criticize
anybody on staff -- and I'm not criticizing Mr. Klatzkow now. But I
will say that when the Board takes an action like that, I think it's
incumbent upon the County Attorney to make sure that our decisions
are followed through properly.
I appreciate you saying that it was your fault and you missed the
deadline, but I think there should have been some communication
there, Mr. Klatzkow, in terms of --
MR. KLATZKOW: We will file all further appeals ourselves,
my office.
COMMISSIONER SAUNDERS: Yeah. If that's --
MR. KLATZKOW: I will take care of that.
COMMISSIONER McDANIEL: And if I might add, any
action that this board takes, I would like for your office to ensure that
it is adhered to within the parameters of the law, not just appeals.
MR. KLATZKOW: We will take care of --
COMMISSIONER McDANIEL: Any action.
MR. KLATZKOW: We will take care of the advertisements
and everything else, yes.
COMMISSIONER McDANIEL: And I'm not -- and, again,
Mr. Bosi, I concur with Commissioner Saunders. I wasn't
looking -- and I'm not looking to throw anybody under the bus here.
I just -- we were very specific with the time frames that we had
available, and I don't want this to happen twice.
The more -- and necessarily, more importantly, the ordinance fix
September 10, 2024
Page 142
that you brought into place to not allow a circumstance like
this -- because the other side of this is our Building Code, our Land
Development Code has setback requirements, and someone abused
those setback requirements, took advantage of our setback
requirements, utilized property that no one else is legally allowed to
utilize, and I don't -- I personally don't think that sufficient pressure
was put upon that gentleman that took advantage of that circumstance
for an alternative methodology to cure the issue.
He could have gone and bought property around him. It would
have been far more expensive than someone granting him an -- or
granting him a variance or us having to appeal the variance request,
but there are other ways for that rectification to transpire.
(Commissioner Saunders left the boardroom for the remainder
of the meeting.)
COMMISSIONER McDANIEL: But thank you for -- thank
you for owning up, and at least we -- hopefully we've got the
circumstances under control.
My second issue, Mr. French, I see you standing up there.
Come on up to the podium.
This falls in line with Commissioner Saunders' circumstance
with the lady that has the dogs running around that hasn't done
anything. This falls in line with our placing liens on properties and
not looking for adherence to the violations that have transpired.
How many times have you gone or staff gone to the commercial
construction that's going on at Mercato?
MR. FRENCH: I went and visited myself a week and a half
ago, sir, and we've had two visits, I believe, outside of that, today and
then earlier where we were working with an unlicensed contractor
working --
COMMISSIONER McDANIEL: At the beginning, it was an
unlicensed contractor.
September 10, 2024
Page 143
MR. FRENCH: Yep.
COMMISSIONER McDANIEL: Then they got somebody to
sign on that's theoretically legal, and then they were working
outside -- these people were doing construction work at 2 and 3 in the
morning in Mercato, and they were there again last night at 2:30 in
the morning, working. And we've put a stop work order on this job
at least once.
And so I'm publicly stating I'm done with this. I -- it is
inconceivable to me that someone can just thumb their nose at the
authority for regulating the quiet enjoyment of the people that live in
those -- in those residences above.
I understand why they're doing what they're doing. They're not
wanting to interrupt the commercial activities that are going on on the
first floor, but they're disrupting the lives of the residents that live in
the building. They were there again last night after we've already
been there.
So what can we do to discontinue -- we don't -- again, we don't
have time to have somebody sit in front of that building 24 hours a
day, seven days a week. What can we do to stop this?
MR. FRENCH: So, Commissioner, again, for the record, Jamie
French, your department head for Community Development and
Growth Management.
This particular case, we would consider this a willful licensing
violation. Unfortunately, this is a -- although it's a Florida
state-licensed general contractor, they reside in Texas, so -- which is
not unheard of because many people move around the country, and
they can get reciprocal licensing.
We would have to turn this into the DBPR. We can file a
local -- a local fine against the contractor, but we would be working
with the State of Florida on this. And we can issue a stop work
order to stop all activities and require them to come in and meet with
September 10, 2024
Page 144
the building official so that we have determined timelines.
And just so you also know, is from Mr. Bosi to Ms. Cook to
Mr. Sposito and then Mr. Clum, our building official, deputy building
official, there is a very solid coordinated effort. What was brought
to you today addresses this type of thing, and you are dead-on correct
when you say that -- how do we control this? And not control it -- or
how do we best manage it so that we can -- we can constantly protect
the quiet enjoyment of communities.
There's a lot of legislative movement, and that's one of the
reasons -- whether it's just setback, whether it's out-of-town
contractors that we're seeing at the legislative level, or these changes
are coming at last minute.
And so this last move for the Building Code, that will clean
up -- that's why we addressed it through the Building Code and not
through the Land Development Code. That law did exist in 2009.
In this particular case, with state-licensed contractors, it is very
difficult to, for lack of a better term, hit them in the wallet other than
stopping the job.
COMMISSIONER McDANIEL: And that's my request. I
filed two previous complaints, and now I have another complaint to
file.
MR. FRENCH: There's a --
COMMISSIONER McDANIEL: And these -- this -- these
folks are just thumbing their nose at us and going on and doing
whatever they want to do and absolutely turning the lives of these
people upside down. So my vote is stop the work --
COMMISSIONER LoCASTRO: Stop, yeah.
COMMISSIONER McDANIEL: -- completely, and then -- and
that will hit them in the pocketbook. If you want to get somebody's
attention, stop the work completely and require adherence to the
hours of operation. It's admirable that they're wanting to work after
September 10, 2024
Page 145
hours and put as many people on the job as they, in fact, can, but
they're -- it's a classic example. As soon as the Sheriff's not sitting
there, everybody hits the gas and with --
MR. FRENCH: You're absolutely, correct, sir.
COMMISSIONER McDANIEL: And so --
MR. FRENCH: We did issue a stop work order, and we
identified their hours of work.
COMMISSIONER McDANIEL: Right.
MR. FRENCH: I was there. It was posted. I had
conversations with both their site superintendents.
COMMISSIONER McDANIEL: I don't know, can I -- I don't
know if it's appropriate for me to call and shut them down here, at
this venue, but --
MR. FRENCH: I'll be happy to do it, sir. I've already given
staff direction to do so.
COMMISSIONER McDANIEL: Okay.
COMMISSIONER LoCASTRO: There you go.
COMMISSIONER McDANIEL: So moved.
CHAIRMAN HALL: Boom.
COMMISSIONER McDANIEL: That's all.
CHAIRMAN HALL: Commissioner LoCastro.
COMMISSIONER LoCASTRO: I just wanted to give you a
little update. The gentleman that came to the podium and talked
about Victoria Falls and nobody's doing anything, that's a Habitat for
Humanity neighborhood. At the first break -- first of all, I followed
him out and gave him my card and said I never heard from him,
never heard from anyone.
Then I contacted Lisa Lefkow who runs Habitat for Humanity.
She knows who this gentleman is. It's -- I'm going to talk to her in
more detail, but I thought I would just sort of fill in the gap of, you
know, somebody comes to the podium and says, "Nobody cares
September 10, 2024
Page 146
about the community," they do. That community actually is a really
great one, and I've -- I'll follow up on those things. I thought I
would just -- you know, just for a gee whiz.
I always like to end a little bit on a lighter note, right? So I
have our "Quote Hall of Fame" from us, right? We've got an
outsider who's joining the "Quote Hall of Fame." It's Ms. Trinity
Scott.
I'll give you the short version. So we had a meeting in the
conference room. We have some issues with some water that's
draining, and it's draining onto other people's property and crossing
over lines and whatnot. And I just thought you-all would appreciate
this. So we've got a group. They're all not happy. Everybody's
area's flooding. It's all of our faults.
And she's trying to be as -- she is being as professional as
possible. But a gentleman basically says, "Hey, when the water
comes down the swale, you know, then it goes, basically, on my
property, totally, you guys have to do something about it."
And so, to make a long story short, the quote she had, similar to,
you know, "If we build a cell tower taller, that means it's higher,"
right? She says to this gentleman, "Sir, when the water flows down
the swale and then it hits that property line, it just doesn't
miraculously evaporate. It keeps rolling." You sort of had to be
there, but I wanted to just sort of mention that.
But more as a positive shout-out, Trinity, just in the last couple
weeks, has really been in some big meetings with me with unhappy
citizens, whether it was 6L Farms or this drainage issue that we have
by Fiddler's. So although I make light of, you know, she's in there
very professional and has a great, you know, personality -- and she
didn't offend anybody with that comment. Everybody sort of
chuckled a little and said, "Yeah, we understand."
But, Trinity, thanks so much for the time that you've taken. I
September 10, 2024
Page 147
mean, we sat in some of those meetings for hours and then got really
positive notes from people showing that we really did care. So thank
you for that. I have no doubt we'll work out the 6L Farms issue and
the private roads.
Just so you know, a lady that was in this room sent kind of a
very strong note basically reiterating, "Why don't you just bring us
truckloads of gravel." And then you'll see I replied to that e-mail. I
put all the citizens on it who we've been working with and basically
reiterated what we said in here. I think maybe she left early or
whatnot, but anyway.
I thought I would just add a little bit of levity to -- you know,
you're in the Hall of Fame in the quotes. Like I said, you kind of had
to be there, but most importantly, from all of us, you know, thanks
for all you're doing for leading the charge on a lot of big issues.
That's all I've got.
COMMISSIONER KOWAL: Sorry, but I might be scarred a
little bit, because I'm still trying to get that visual of him in the skirt
out of my mind.
COMMISSIONER McDANIEL: It was one technical error.
COMMISSIONER LoCASTRO: I've sent a note to HR.
COMMISSIONER KOWAL: I would have. I definitely
would have.
CHAIRMAN HALL: I have nothing, and we're adjourned.
*****
****Commissioner moved Saunders, seconded by Commissioner
Kowal and carried that the following items under the consent and
summary agendas be approved and/or adopted****
Item #16A1
September 10, 2024
Page 148
FINAL ACCEPTANCE OF THE POTABLE WATER AND
SEWER UTILITY FACILITIES AND ACCEPT THE
CONVEYANCE OF A PORTION OF THE POTABLE WATER
AND SEWER FACILITIES AND APPURTENANT UTILITY
EASEMENT FOR BONITA BAY EAST GOLF CLUB,
PL20240001277. (DISTRICT 3) - STAFF CONDUCTED A FINAL
INSPECTION ON APRIL 25, 2024, AND THESE FACILITIES
HAVE BEEN FOUND TO BE SATISFACTORY AND
ACCEPTABLE
Item #16A2
FINAL ACCEPTANCE OF THE SEWER UTILITY FACILITIES
FOR HAMMOCK PARK – PHASE 3, PL20240005317. (DISTRICT
1) - STAFF CONDUCTED A FINAL INSPECTION ON JULY 3,
2024, AND THESE FACILITIES HAVE BEEN FOUND TO BE
SATISFACTORY AND ACCEPTABLE
Item #16A3
RECORDING THE MINOR FINAL PLAT OF CAYMAS REPLAT
LOTS 131-181, APPLICATION NUMBER PL20240007976.
(DISTRICT 1) - LOCATED IN SECTION 11, TOWNSHIP 50
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA
Item #16A4
RESOLUTION 2024-160: A RESOLUTION SCHEDULING A
PUBLIC HEARING TO CONSIDER VACATING THE 10-
FOOT-WIDE PUBLIC ROAD RIGHT-OF-WAY EASEMENT
September 10, 2024
Page 149
OVER THE WESTERLY 10 FEET OF TRACT A-1, AS
DESCRIBED IN OFFICIAL RECORD BOOK 1476, PAGE 242, OF
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,
LOCATED APPROXIMATELY 2,000 FEET SOUTH OF
IMMOKALEE ROAD (CR-846) AND 1,000 FEET WEST OF
RICHARDS STREET IN SECTION 25, TOWNSHIP 48 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
(PL20230007642) (DISTRICT 3)
Item #16A5
THE CLERK OF COURTS TO RELEASE A PERFORMANCE
BOND IN THE AMOUNT OF $42,880, WHICH WAS POSTED AS
A GUARANTY FOR COMPANION EXCAVATION PERMIT
PL20200002297, FOR WORK ASSOCIATED WITH THE
MAJESTIC PLACE PPL, PL20190001615. (DISTRICT 1) – THE
LAKE WAS INSPECTED ON JULY 25, 2024, BY THE
DEVELOPMENT REVIEW DIVISION
Item #16A6
DIRECT STAFF TO ADVERTISE AN ORDINANCE AMENDING
ARTICLE IV, SECTION 22 -110, “EXCAVATION REVIEW
PROCEDURES,” OF THE CODE OF LAWS AND ORDINANCES
OF COLLIER COUNTY AND BRING BACK THE ORDINANCE
AT AN ADVERTISED PUBLIC HEARING. (ALL DISTRICTS)
Item #16A7
DIRECT STAFF TO ADVERTISE AN ORDINANCE AMENDING
ORDINANCE 2023-64, WHICH ADOPTED THE FLORIDA
September 10, 2024
Page 150
BUILDING CODE, EIGHTH EDITION (2023), BY ADDING
CERTAIN AMENDMENTS AND BRING BACK THE
ORDINANCE AT AN ADVERTISED PUBLIC HEARING. (ALL
DISTRICTS)
Item #16A8
AN AGREEMENT FOR SALE AND PURCHASE UNDER THE
CONSERVATION COLLIER LAND ACQUISITION PROGRAM
WITH 1) CINDA LU CASSITY FOR A 1.59-ACRE PARCEL AT A
COST OF $46,110; 2) HOLLISTER A. DINWIDDIE, AS A
TRUSTEE OF THE AMENDED AND RESTATED JAMES F.
DINWIDDIE REVOCABLE TRUST (“DINWIDDIE TRUST”) FOR
A 1.14-ACRE PARCEL AT A COST OF $33,060; 3) JAMES
CATANIA AND STEPHANIE AVIDANO FOR A 1.14-ACRE
PARCEL AT A COST OF $30,320; AND 4) WITH GERALD W.
ERICKSON FOR A 1.14-ACRE PARCEL AT A COST OF $24,910,
FOR A TOTAL COST NOT TO EXCEED $140,600 INCLUSIVE
OF CLOSING COSTS. (DISTRICT 5)
Item #16A9
THE BOARD OF COUNTY COMMISSIONERS TO REVIEW
AND APPROVE THE PROPOSED TEMPORARY USE (SPECIAL
EVENT) PERMIT FOR THE LEGENDS CONCERT SERIES
PROPOSED FOR THE PARADISE COAST SPORTS COMPLEX
FROM NOVEMBER 1, 2024, THROUGH MAY 2, 2025,
LOCATED AT 3920 CITY GATE BLVD S. NAPLES, FL 34117,
IN SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA. [PL20240009788] (DISTRICT 1,
DISTRICT 3, DISTRICT 5)
September 10, 2024
Page 151
Item #16A10
THE RELEASE OF TWO CODE ENFORCEMENT LIENS WITH
AN ACCRUED VALUE OF $65,100, FOR A REDUCED
PAYMENT OF $8,725, IN THE CODE ENFORCEMENT ACTION
TITLED BOARD OF COUNTY COMMISSIONERS VS. JEFFREY
M. STONE AND KELSEY EDWARDS, RELATING TO
PROPERTY LOCATED AT 46 MOON BAY ST., COLLIER
COUNTY, FLORIDA. (DISTRICT 1)
Item #16B1
DIRECT THE COUNTY ATTORNEY TO ADVERTISE AND
BRING BACK FOR A PUBLIC HEARING AN AMENDMENT TO
ORDINANCE 2023-71 TO REMOVE ROADWAYS THAT ARE
NOW IN A PASSABLE CONDITION, ADD ROADWAYS THAT
HAVE SINCE BEEN DEEMED IMPASSABLE BY THE
INDEPENDENT FIRE DISTRICTS AND REMOVE THE 1.0000
MIL CAP OF THE AD VALOREM MILLAGE RATE. (DISTRICT
1, DISTRICT 3, DISTRICT 5)
Item #16B2
AN AGREEMENT FOR THE PURCHASE OF AN UNIMPROVED
TRACT OF LAND (PARCEL 154FEE) REQUIRED FOR THE
LAKE KELLY WEIR STORMWATER PROJECT (PROJECT NO.
50310). ESTIMATED FISCAL IMPACT: $222,000. (DISTRICT 4)
Item #16B3
September 10, 2024
Page 152
APPROVE AN AFTER-THE-FACT PAYMENT IN THE
AMOUNT OF $15,066.59 TO COASTAL CONCRETE
PRODUCTS, LLC, D/B/A COASTAL SITE DEVELOPMENT,
FOR THE COMPLETED “PALMETTO DUNES STORMWATER
MANAGEMENT IMPROVEMENTS” PROJECT UNDER
AGREEMENT NO. 20-7800, “UNDERGROUND CONTRACTOR
SERVICES”. (PROJECT NO. 60224). (ALL DISTRICTS)
Item #16B4
AWARD INVITATION TO BID (“ITB”) NO. 24-8234, “COLLIER
COUNTY DUNE RESTORATION PLANTING - 2024,” TO
EARTHBALANCE CORPORATION IN THE AMOUNT OF
$1,284,920.45, AUTHORIZE THE CHAIRMAN TO SIGN THE
AGREEMENT, AND MAKE A FINDING THAT THIS ITEM
PROMOTES TOURISM. (PROJECT NO. 33870) (DISTRICT 4)
Item #16B5
AWARD CONSTRUCTION INVITATION TO BID (“ITB”) NO.
24-8218, “EVERGLADES BOULEVARD AT 43RD AVE. NE
INTERSECTION IMPROVEMENTS,” TO QUALITY
ENTERPRISES USA, INC., IN THE AMOUNT OF $3,224,803.16,
PROVIDE FOR AN OWNER’S ALLOWANCE OF $100,000.00
FOR POTENTIAL UNFORESEEN CONDITIONS, AND THAT
THE BOARD AUTHORIZES THE CHAIR TO SIGN THE
ATTACHED AGREEMENT AND AUTHORIZE THE
NECESSARY BUDGET AMENDMENT. (PROJECT NO. 60256)
(DISTRICT 5)
Item #16B6
September 10, 2024
Page 153
APPROVE CHANGE ORDER NO. 1 FOR THE “CARSON ROAD
STORMWATER TREATMENT AREA” UNDER AGREEMENT
NO. 23-8114 WITH QUALITY ENTERPRISES USA, INC., TO
UTILIZE $9,798.30 OF THE OWNER’S ALLOWANCE TO
ADDRESS NEW SOUTH FLORIDA WATER MANAGEMENT
DISTRICT PERMIT REQUIREMENTS AND AUTHORIZE THE
CHAIRMAN TO SIGN THE ATTACHED CHANGE ORDER.
(PROJECT NO. 60143) (DISTRICT 5)
Item #16B7
AWARD INVITATION TO BID (“ITB”) NO. 24-8240,
“FLORIKAN CRF WITH GAL-XE ONE FERTILIZERS,” TO
HOWARD FERTILIZER & CHEMICAL COMPANY, LLC, AND
AUTHORIZE STAFF TO OPEN STANDARD COUNTY
PURCHASE ORDERS. (ALL DISTRICTS)
Item #16C1
AWARD INVITATION TO BID (“ITB”) NO. 24-8239,
“REHABILITATION OF PUMP STATION 309.18” TO ANDREW
SITE WORK, LLC, IN THE AMOUNT OF $1,253,850, APPROVE
AN OWNER’S ALLOWANCE OF $100,000, AND AUTHORIZE
THE CHAIRMAN TO SIGN THE ATTACHED AGREEMENT.
(PROJECT NO. 70240) (DISTRICT 4)
Item #16C2
AWARD INVITATION TO BID (“ITB”) NO. 24-8235, “SOUTH
COUNTY WATER RECLAMATION FACILITY (SCWRF)
September 10, 2024
Page 154
AERATION BASINS DIFFUSER SYSTEM REPLACEMENT
PHASE 1,” TO RAZORBACK, LLC, IN THE AMOUNT OF
$1,249,340, APPROVE THE OWNER’S ALLOWANCE OF
$124,934, AUTHORIZE THE CHAIRMAN TO SIGN THE
ATTACHED AGREEMENT, AND APPROVE THE NECESSARY
BUDGET AMENDMENTS. (PROJECT NO. 70148). (DISTRICT 1)
Item #16D1
AUTHORIZE AN EXEMPTION FROM THE COMPETITIVE
PROCESS FOR PURCHASES FROM OCLC, INC., FOR THE
ACQUISITION OF SUBSCRIPTION SERVICES TO
CLOUDLIBRARY™ AND INTERLIBRARY LOAN SERVICES
IN AN AMOUNT NOT TO EXCEED $600,000 PER FISCAL
YEAR, AS BUDGETED, THROUGH FY 2025. (ALL DISTRICTS)
Item #16D2
AUTHORIZE AN EXEMPTION FROM THE COMPETITIVE
PROCESS FOR A SUBSCRIPTION TO THE HOOPLA DIGITAL
SERVICE FROM MIDWEST TAPE, LLC., FOR LIBRARY
PATRON USE, EFFECTIVE OCTOBER 1, 2024, THROUGH
SEPTEMBER 30, 2025, IN AN AMOUNT NOT TO EXCEED
$400,000 PER FISCAL YEAR. (ALL DISTRICTS)
Item #16D3
APPROVE AND AUTHORIZE THE CHAIRMAN TO SIGN SIX
(6) U.S. HOUSING AND URBAN DEVELOPMENT
COMMUNITY DEVELOPMENT BLOCK GRANT
SUBRECIPIENT GRANT AGREEMENTS BETWEEN COLLIER
September 10, 2024
Page 155
COUNTY AND THE FOLLOWING ENTITIES TO SUPPORT
INFRASTRUCTURE AND PUBLIC SERVICE ACTIVITIES: (1)
COLLIER COUNTY COMMUNITY REDEVELOPMENT
AGENCY (IMMOKALEE) ($1,001,371) (COMPANION TO ITEM
16L1); (2) IMMOKALEE WATER AND SEWER ($1,263,008); (3)
SUNRISE COMMUNITY ($139,000); (4) HOUSING
DEVELOPMENT CORPORATION INC., D/B/A HELP ($117,195);
(5) PATHWAYS EARLY EDUCATION CENTER ($75,000), (6)
BAKER SENIOR CENTER NAPLES ($55,000). (HOUSING
GRANT FUND 1835) (ALL DISTRICTS)
Item #16D4
APPROVE AND AUTHORIZE THE CHAIRMAN TO SIGN A
COMMUNITY DEVELOPMENT BLOCK GRANT
SUBRECIPIENT AGREEMENT #PS22-05 BETWEEN COLLIER
COUNTY AND HOUSING DEVELOPMENT CORPORATION
INC., D/B/A HELP IN THE AMOUNT OF $69,000 FOR
HOUSING AND FINANCIAL COUNSELING SERVICES.
(GRANT FUND 1835, CDBG PROJECT NO. 33823) (ALL
DISTRICTS)
Item #16D5
APPROVE THE ELECTRONIC SUBMITTAL OF THE RETIRED
AND SENIOR VOLUNTEER PROGRAM 2025-2026
CONTINUATION APPLICATION TO AMERICORPS SENIORS
IN THE AMOUNT OF $107,150 AND ALLOW THE COUNTY
MANAGER OR THEIR DESIGNEE TO SERVE AS THE
AUTHORIZED REPRESENTATIVE FOR THE GRANTOR’S
ELECTRONIC SUBMISSION SYSTEM, EGRANTS,
September 10, 2024
Page 156
THROUGHOUT THE GRANT PERIOD. (HOUSING GRANT
FUND 1835 AND HOUSING MATCH FUND 1836) (ALL
DISTRICTS)
Item #16D6
APPROVE SERVICES FOR SENIORS, AFTER-THE-FACT FIRST
AMENDMENT (OAA 203.24.01) OF THE FY24 OLDER
AMERICANS ACT TITLE III WITH THE AREA AGENCY ON
AGING OF SOUTHWEST FLORIDA, INC., TO INCREASE THE
CONTRACT AMOUNT BY $1,362,231.23 AND AUTHORIZE
THE NECESSARY BUDGET AMENDMENTS. (HUMAN
SERVICES GRANT FUND 1837) (DISTRICT 1)
Item #16D7
APPROVE THE STATE HOUSING INITIATIVES PARTNERSHIP
PROGRAM ANNUAL REPORT AND AUTHORIZE THE
COUNTY MANAGER, OR HER DESIGNEE, TO SIGN THE
LOCAL HOUSING INCENTIVE CERTIFICATION FOR
CLOSEOUT FISCAL YEAR 2021/2022, INTERIM FOR FISCAL
YEAR 2022/2023, AND AUTHORIZE THE ELECTRONIC
SUBMISSION TO THE FLORIDA HOUSING FINANCE
CORPORATION TO ENSURE COMPLIANCE WITH PROGRAM
REQUIREMENTS. (SHIP GRANT FUND 1053) (ALL
DISTRICTS)
Item #16D8
ACCEPT AND RECOGNIZE RESTRICTED DONATIONS FROM
VARIOUS DONORS IN THE AMOUNT OF $5,000.29 FOR THE
September 10, 2024
Page 157
BENEFIT OF THE COLLIER COUNTY PUBLIC LIBRARY AND
TO AUTHORIZE THE NECESSARY BUDGET AMENDMENTS.
(ALL DISTRICTS)
Item #16D9
APPROVE THREE (3) “AFTER-THE-FACT” AGREEMENTS
AND ATTESTATION STATEMENTS BETWEEN COLLIER
COUNTY AND THE AREA AGENCY ON AGING FOR
SOUTHWEST FLORIDA, INC., FOR THE COMMUNITY CARE
FOR THE ELDERLY CCE #HC024 203.24, ALZHEIMER’S
DISEASE INITIATIVE #HZ024 ADI 203.24, AND HOME CARE
FOR THE ELDERLY #HH024 HCE 203.24 GRANT PROGRAMS
IN SUPPORT OF THE COLLIER COUNTY SERVICES FOR
SENIORS PROGRAM AND AUTHORIZE THE NECESSARY
BUDGET AMENDMENTS IN THE AMOUNT OF $393,007.26 TO
ENSURE CONTINUOUS FUNDING FOR FY2024/2025.
(HUMAN SERVICES GRANT FUND 1837) (ALL DISTRICTS)
Item #16D10
APPROVE AND AUTHORIZE THE CHAIRMAN TO SIGN THE
EMERGENCY SOLUTIONS GRANT SUBRECIPIENT
AGREEMENT #ES24-01 BETWEEN THE COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS AND THE SHELTER
FOR ABUSED WOMEN & CHILDREN, INC., TO SUPPORT
SHELTER OPERATIONS AND PERSONNEL SALARIES IN THE
AMOUNT OF $117,401. (HOUSING GRANT FUND 1835,
PROJECT NO. 33917) (ALL DISTRICTS)
Item #16D11
September 10, 2024
Page 158
RESOLUTION 2024-161: A RESOLUTION TO AUTHORIZE
CONTINUED PARTICIPATION IN THE LOCAL PROVIDER
PARTICIPATION FUND FOR THE DIRECTED PAYMENT
PROGRAM AND GRADUATE MEDICAL EDUCATION
PROGRAM, WHICH WILL BE SOLELY FUNDED BY
ASSESSMENTS ON COLLIER COUNTY HOSPITAL-OWNED
PROPERTY OR PROPERTY USED AS A HOSPITAL IN AN
AMOUNT NOT TO EXCEED $12,654,900, AND AUTHORIZE
THE COUNTY MANAGER TO SIGN THE DIRECTED
PROVIDER PAYMENT LETTER OF AGREEMENT IN THE
AMOUNT OF $10,141,128 AND THE FORTHCOMING
GRADUATE MEDICAL EDUCATION PROGRAM LETTER OF
AGREEMENT IN AN ESTIMATED AMOUNT OF $2,786,495
WITH THE AGENCY FOR HEALTH CARE ADMINISTRATION
FOR AN ESTIMATED TOTAL NOT TO EXCEED $13,194,849
AND AUTHORIZE THE NECESSARY BUDGET
AMENDMENTS. (ALL DISTRICTS)
Item #16E1
AUTHORIZE THE COUNTY MANAGER OR DESIGNEE TO
SIGN AGREEMENTS AND MAKE PURCHASES ASSOCIATED
WITH THE PROCUREMENT OF GOODS OR SERVICES FROM
VENDORS WHO HAVE BEEN AWARDED A CONTRACT, AS A
RESULT OF A COMPETITIVE SELECTION PROCESS, BY A
FEDERAL, STATE, OR MUNICIPAL GOVERNMENT, OR ANY
OTHER GOVERNMENTAL AGENCY, POLITICAL
SUBDIVISION, OR GOVERNMENT-RELATED ASSOCIATION
PROVIDED THAT THE ORIGINATING ENTITY UTILIZED A
COMPETITIVE PROCESS SIMILAR TO COLLIER COUNTY’S.
September 10, 2024
Page 159
IN ADDITION TO THE AGENCIES AND POLITICAL
SUBDIVISIONS IDENTIFIED ABOVE, THE COUNTY
MANAGER OR DESIGNEE IS AUTHORIZED TO UTILIZE
COOPERATIVE AGREEMENTS AVAILABLE FROM OMNIA
PARTNERS, NASPO VALUEPOINT, HGACBUY, AND
SOURCEWELL FOR EFFICIENT PURCHASING WITH NO
FURTHER ACTION BY THE BOARD IF THE OPERATING
DIVISIONS HAVE BUDGETED FOR THE GOODS AND/OR
SERVICES. (ALL DISTRICTS)
Item #16E2
AUTHORIZE THE CHAIRMAN TO SIGN A MEMORANDUM
OF AGREEMENT BETWEEN THE FLORIDA DIVISION OF
EMERGENCY MANAGEMENT AND COLLIER COUNTY TO
ACCEPT AND HOUSE A RETIRED TRAVEL TRAILER FOR
TEMPORARY RESPONDER CREW QUARTERS FOLLOWING
OR IN SUPPORT OF A DISASTER RESPONSE OR
EMERGENCY. (ALL DISTRICTS)
Item #16E3
APPROVE THE PURCHASE OF EXCESS WORKERS’
COMPENSATION INSURANCE FOR FISCAL YEAR 2025 WITH
ARCH INSURANCE COMPANY, IN THE ESTIMATED
ANNUAL AMOUNT OF $253,229. (ALL DISTRICTS)
Item #16E4
APPROVE THE ADMINISTRATIVE REPORT PREPARED BY
THE PROCUREMENT SERVICES DIVISION FOR DISPOSAL
September 10, 2024
Page 160
OF PROPERTY THAT IS NO LONGER VIABLE AND REMOVE
CAPITAL ASSETS FROM THE COUNTY’S RECORDS. (ALL
DISTRICTS)
Item #16E5
APPROVE AN ASSUMPTION AGREEMENT ASSIGNING ALL
RIGHTS, DUTIES, BENEFITS, AND OBLIGATIONS TO
STANTEC CONSULTING SERVICES, INC., CONCERNING
PROFESSIONAL SERVICES LIBRARY AGREEMENT NOS. 18-
7432-CE, 18-7432-UP, 18-7432-UC, 18-7432-EV, AND 18-7432-
RB. (ALL DISTRICTS)
Item #16E6
APPROVE THE PURCHASE OF LIABILITY, AUTOMOBILE,
CYBER, AND OTHER MISCELLANEOUS INSURANCE
COVERAGE FOR FISCAL YEAR 2025 IN THE ESTIMATED
PREMIUM OF $1,116,001.99. (ALL DISTRICTS)
Item #16E7
APPROVE THE ADMINISTRATIVE REPORT PREPARED BY
THE PROCUREMENT SERVICES DIVISION FOR VARIOUS
COUNTY DIVISIONS’ AFTER-THE-FACT PURCHASES
REQUIRING BOARD APPROVAL IN ACCORDANCE WITH
PROCUREMENT ORDINANCE 2017-08, AS AMENDED, AND
THE PROCUREMENT MANUAL IN THE AMOUNT OF
$9,439.37. (ALL DISTRICTS)
Item #16F1
September 10, 2024
Page 161
APPROVE AND AUTHORIZE THE ISSUANCE OF A
PURCHASE ORDER, AS MODIFIED BY NON-STANDARD
AGREEMENT # 24-021-NS, FOR AN EXPENDITURE IN THE
AMOUNT OF $163,858.75 FOR A SOLE SOURCE PURCHASE
TO UPGRADE AN EXISTING SERVICE PLAN TO A WORRY-
FREE SERVICE PLAN FROM ZOLL MEDICAL CORPORATION
FOR A PERIOD OF TWO YEARS. (ALL DISTRICTS)
Item #16F2
RESOLUTION 2024-162: A RESOLUTION AUTHORIZING
THE REMOVAL OF 7,715 AMBULANCE SERVICE ACCOUNTS
AND THEIR RESPECTIVE UNCOLLECTIBLE ACCOUNTS
RECEIVABLE BALANCES WHICH TOTAL $5,057,848.03,
FROM THE ACCOUNTS RECEIVABLE OF COLLIER COUNTY
FUND 4050000000 (EMERGENCY MEDICAL SERVICES)
FINDING DILIGENT EFFORTS TO COLLECT HAVE BEEN
EXHAUSTED AND PROVED UNSUCCESSFUL. (ALL
DISTRICTS)
Item #16F3
APPROVE AND AUTHORIZE THE CHAIRMAN TO EXECUTE
TWO AGREEMENTS ON BEHALF OF COLLIER COUNTY
WITH DAVID LAWRENCE MENTAL HEALTH CENTER, INC.,
AND COLLIER HEALTH SERVICES, INC., D/B/A
HEALTHCARE NETWORK REGARDING TREATMENT OF
OPIOID USE DISORDER FOR COLLIER COUNTY
EMERGENCY MEDICAL SERVICES TO WORK
COOPERATIVELY WITH THESE AGENCIES TO PROVIDE
September 10, 2024
Page 162
TIMELY ACCESS TO EDUCATION, PREVENTION, AND
MEDICATION-ASSISTED-TREATMENT (MAT) (ALL
DISTRICTS)
Item #16F4
APPROVE AN AFTER-THE-FACT PAYMENT TO MILES
PARTNERSHIP, LLLP, FOR WEB ENHANCEMENT PROJECTS
IN THE TOTAL AMOUNT OF $35,151 AND MAKE A FINDING
THAT THE EXPENDITURE PROMOTES TOURISM. (ALL
DISTRICTS)
Item #16F5
APPROVE AN AFTER-THE-FACT PAYMENT IN THE
AMOUNT OF $188,861.73 TO ADVANCED ROOFING, INC.,
FOR THE GROWTH MANAGEMENT COMMUNITY
DEVELOPMENT DEPARTMENT (“GMCDD”) ANNEX AND
STAIR TOWER ROOFS PROJECT UNDER AGREEMENT NO.
19-7539, ROOFING REPLACEMENT CONTRACTORS, AND
FIND THIS EXPENDITURE HAS A VALID PUBLIC PURPOSE.
(DISTRICT 4)
Item #16F6
APPROVE AN AFTER-THE-FACT PAYMENT IN THE
AMOUNT OF $93,403.45 TO ADVANCE ROOFING, INC., FOR
THE COLLIER COUNTY SHERIFF’S OFFICE BUILDING J2
ROOFING REPLACEMENT PROJECT UNDER AGREEMENT
NO. 19-7539, ROOFING REPLACEMENT CONTRACTORS,
AND FIND THIS EXPENDITURE HAS A VALID PUBLIC
September 10, 2024
Page 163
PURPOSE. (DISTRICT 4)
Item #16F7
RATIFY CHANGE ORDER NO. 8, ADDING TEN DAYS TO THE
SUBSTANTIAL COMPLETION DATE AND UTILIZING
$42,329.74 OF THE OWNER’S ALLOWANCE FOR PURCHASE
ORDER NO. 4500229878, UNDER AGREEMENT NO. 21-7883-ST
WITH O-A-K/FLORIDA, INC., D/B/A OWEN-AMES-KIMBALL
COMPANY, FOR THE MAIN CAMPUS UPGRADES, AND
AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED
CHANGE ORDERS. (PROJECT NO. 50214) (DISTRICT 4)
Item #16F8
AUTHORIZE BUDGET AMENDMENTS APPROPRIATING
APPROXIMATELY $1,711,784,500 OF UNSPENT FY 2024
CAPITAL PROJECT AND GRANT BUDGETS INTO FISCAL
YEAR 2025. (ALL DISTRICTS)
Item #16F9
RESOLUTION 2024-163: 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)
September 10, 2024
Page 164
Item #16H1
PROCLAMATION DESIGNATING SEPTEMBER 2024, AS
PAYROLL AWARENESS MONTH IN COLLIER COUNTY.
THE PROCLAMATION WILL BE HAND DELIVERED TO
CRYSTAL KINZEL, CLERK OF THE CIRCUIT COURT AND
COMPTROLLER
Item #16J1
TO RECORD IN THE MINUTES OF THE BOARD OF COUNTY
COMMISSIONERS, THE CHECK NUMBER (OR OTHER
PAYMENT METHOD), AMOUNT, PAYEE, AND PURPOSE FOR
WHICH THE REFERENCED DISBURSEMENTS IN THE
AMOUNT OF $33,838,579.00 WERE DRAWN FOR THE
PERIODS BETWEEN AUGUST 15, 2024, AND AUGUST 28,
2024, PURSUANT TO FLORIDA STATUTE 136.06. (ALL
DISTRICTS)
Item #16J2
REQUEST THAT THE BOARD APPROVE AND DETERMINE
VALID PUBLIC PURPOSE FOR INVOICES PAYABLE AND
PURCHASING CARD TRANSACTIONS AS OF SEPTEMBER 04,
2024. (ALL DISTRICTS)
Item #16K1
RESOLUTION 2024-164: APPOINT CINDY CARROLL TO THE
HISTORIC/ARCHAEOLOGICAL PRESERVATION BOARD
(ALL DISTRICTS) – TERM EXPIRES ON OCTOBER 1, 2025
September 10, 2024
Page 165
Item #16K2
RESOLUTION 2024-165: APPOINT MICHAEL PETSCHER AS
A MEMBER TO THE COLLIER COUNTY PLANNING
COMMISSION, REPRESENTING COMMISSION DISTRICT 5.
(DISTRICT 5) – TERM EXPIRES ON OCTOBER 1, 2028
Item #16K3 (Moved to Item #12A per Change Sheet)
Item #16K4
THE BOARD DECLINES TO AUTHORIZE THE APPLICATION
FOR TAX DEEDS FOR NINE (9) COUNTY-HELD TAX
CERTIFICATES. (ALL DISTRICTS)
Item #16K5
APPROVE AND AUTHORIZE THE CHAIR TO EXECUTE A
SETTLEMENT AGREEMENT IN THE LAWSUIT STYLED
ARNOLD BURCHIANTI AND GLORIA BURCHIANTI V.
COLLIER COUNTY BOARD OF COMMISSIONERS (CASE NO.
23-CA-2254), NOW PENDING IN THE CIRCUIT COURT OF
THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER
COUNTY, FLORIDA, FOR THE SUM OF $30,000. (ALL
DISTRICTS)
Item #16K6
APPROVE A STIPULATED FINAL JUDGMENT TO SETTLE
FINAL COMPENSATION FOR THE TAKING OF PARCEL
September 10, 2024
Page 166
333RDUE, IN THE AMOUNT OF $6,000, INCLUDING
STATUTORY ATTORNEY FEES AND COSTS, AND EXPERT
FEES AND COSTS, IN THE LAWSUIT STYLED COLLIER
COUNTY V. PRISCILLA DIAS, ET AL, CASE NO. 16-CA-1393,
REQUIRED FOR THE GOLDEN GATE BOULEVARD
EXPANSION PROJECT NO. 60145. (ALL DISTRICTS)
Item #16L1
THE COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS (BCC), ACTING AS THE COMMUNITY
REDEVELOPMENT AGENCY (CRA), APPROVE A
SUBRECIPIENT AGREEMENT FOR COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) FUNDS IN THE
AMOUNT OF $1,001,371 FOR THE CONSTRUCTION OF THE
FIRST STREET CORRIDOR PEDESTRIAN SAFETY
IMPROVEMENT PROJECT IN IMMOKALEE, AUTHORIZE THE
CHAIRMAN OF THE CRA TO SIGN THE SUBRECIPIENT
AGREEMENT, AND AUTHORIZE NECESSARY BUDGETS
AMENDMENTS (PROJECT NO. 33831). (COMPANION TO
ITEM #16D3) (DISTRICT 5)
Item #16L2 (Moved to Item #14B1 per Change Sheet)
Item #16L3
THE BOARD OF COUNTY COMMISSIONERS, ACTING AS
THE COMMUNITY REDEVELOPMENT AGENCY,
AUTHORIZE NECESSARY BUDGET AMENDMENTS TO
RECOGNIZE CARRYFORWARD IN BAYSHORE CRA FUND
(1020) AND IMMOKALEE CRA FUND (1025), TRANSFER
September 10, 2024
Page 167
THOSE MONEYS ALONG WITH RESERVE BALANCES INTO
BAYSHORE CRA CAPITAL FUND (1021) AND IMMOKALEE
CRA CAPITAL FUND (1026), AND APPROPRIATE THOSE
FUNDS INTO SPECIFIC PROJECTS PURSUANT TO THE
COMMUNITY REDEVELOPMENT PLAN. (DISTRICT 4,
DISTRICT 5)
Item #17A
RESOLUTION 2024-166 AND RESOLUTION 2024-167:
RESOLUTIONS APPROVING THE PRELIMINARY
ASSESSMENT ROLLS AS THE FINAL ASSESSMENT ROLLS,
AND ADOPTING SAME AS THE NON-AD VALOREM
ASSESSMENT ROLLS FOR THE PURPOSE OF UTILIZING THE
UNIFORM METHOD OF COLLECTION PURSUANT TO
SECTION 197.3632, FLORIDA STATUTES, FOR SOLID WASTE
MUNICIPAL SERVICE BENEFIT UNITS, SERVICE DISTRICT
NO. I AND SERVICE DISTRICT NO. II, SPECIAL ASSESSMENT
LEVIED AGAINST CERTAIN RESIDENTIAL PROPERTIES
WITHIN THE UNINCORPORATED AREA OF COLLIER
COUNTY, THE CITY OF MARCO ISLAND, AND THE CITY OF
EVERGLADES CITY, PURSUANT TO COLLIER COUNTY
ORDINANCE 2005-54, AS AMENDED. REVENUES ARE
ANTICIPATED TO BE $36,088,800. (ALL DISTRICTS)
Item #17B
ORDINANCE 2024-31: A REZONING ORDINANCE FOR
ELANTO AT NAPLES RPUD TO ALLOW UP TO 309
HORIZONTAL MULTIFAMILY DWELLING UNITS, SUBJECT
TO AN AFFORDABLE HOUSING DENSITY BONUS
September 10, 2024
Page 168
AGREEMENT TO PROVIDE 10% OF THE UNITS (31 UNITS)
FOR HOUSEHOLDS EARNING UP TO AND INCLUDING 50%
OF THE COUNTY’S AREA MEDIAN INCOME (AMI), ON
51.83± ACRES OF PROPERTY LOCATED APPROXIMATELY
0.25 MILES EAST OF GREENWAY ROAD ON THE NORTH
SIDE OF TAMIAMI TRAIL EAST, WITHIN SECTION 18,
TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER COUNTY,
FLORIDA. (PL20220005665) (DISTRICT 1)
Item #17C
ORDINANCE 2024-32: THE CONSOLIDATED WATERWAYS
AND BEACHES ORDINANCE THAT REPEALS,
CONSOLIDATES, AND SUPERSEDES EXISTING
ORDINANCES RELATING TO THE REGULATION OF AND
CONDUCT ON COLLIER COUNTY WATERWAYS AND
BEACHES. (ALL DISTRICTS)
Item #17D
ORDINANCE 2024-33: A REZONING ORDINANCE FOR THE
IMMOKALEE ONE-STOP MPUD TO ALLOW CONSTRUCTION
OF A MAXIMUM OF 40,000 S.F. OF GROSS FLOOR AREA OF
LIMITED COMMERCIAL LAND USES AND UP TO 61 MULTI-
FAMILY RESIDENTIAL DWELLING UNITS ON 3.84± ACRES
OF PROPERTY LOCATED AT 750 S. 5TH STREET,
IMMOKALEE, ON THE EAST SIDE OF THE INTERSECTION
OF STOKES AVE AND S. 5TH STREET, IN SECTION 9,
TOWNSHIP 47 SOUTH, RANGE 29 EAST; AND BY
PROVIDING AN EFFECTIVE DATE. [PL20230017241]
(DISTRICT 5)
September 10, 2024
Page 169
Item #17E
RESOLUTION 2024-168: A RESOLUTION AMENDING THE
COLLIER COUNTY GROWTH MANAGEMENT PLAN,
ORDINANCE 89-05, AS AMENDED, RELATING TO STAFF-
INITIATED REFORMATTING AND SPECIFICALLY
AMENDING THE FUTURE LAND USE ELEMENT AND MAPS;
THE GOLDEN GATE CITY SUB-ELEMENT OF THE GOLDEN
GATE AREA MASTER PLAN ELEMENT AND MAPS; THE
URBAN GOLDEN GATE ESTATES SUB-ELEMENT OF THE
GOLDEN GATE AREA MASTER PLAN ELEMENT AND MAPS;
THE RURAL GOLDEN GATE ESTATES SUB-ELEMENT OF
THE GOLDEN GATE AREA MASTER PLAN ELEMENT AND
MAPS; THE IMMOKALEE AREA MASTER PLAN ELEMENT
AND MAPS; THE CONSERVATION AND COASTAL
MANAGEMENT ELEMENT; THE POTABLE WATER SUB-
ELEMENT OF THE PUBLIC FACILITIES ELEMENT; AND THE
WASTEWATER TREATMENT SUB-ELEMENT OF THE
PUBLIC FACILITIES ELEMENT; AND FURTHERMORE
DIRECTING TRANSMITTAL OF THE AMENDMENTS TO THE
FLORIDA DEPARTMENT OF COMMERCE. PL20230017521 –
GROWTH MANAGEMENT PLAN CLEAN-UP CHANGES
GMPA (ALL DISTRICTS)
September 10, 2024
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 1 :58 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS CONTROL
CHRIS H (, CHAIRMA
ATTEST
CRYSTAL K. KINZEL, CLERK
1---ietADA
i9i111+
These minutes app oved by the Board on q - 2` - 2-t)L4 , as
presented or as corrected
TRANSCRIPT PREPARED ON BEHALF OF FORT MYERS
COURT REPORTING BY TERRI L. LEWIS, REGISTERED
PROFESSIONAL COURT REPORTER, FPR-C, AND NOTARY
PUBLIC.
Page 169