BCC Minutes 10/22/2024 R (Draft)October 22, 2024
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TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, October 22, 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
Ed Finn, Deputy County Manager
Jeffrey A. Klatzkow, County Attorney
Derek Johnssen, Finance Director, Collier Clerk's Office
Troy Miller, Communications & Customer Relations
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October 22, 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
October 22, 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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October 22, 2024
ANYONE WISHING TO ADDRESS THE BOARD ON PUBLIC PETITION MUST
SUBMIT THE REQUEST IN WRITING TO THE COUNTY MANAGER AT
LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING. THE REQUEST
SHALL PROVIDE DETAILED INFORMATION AS TO THE NATURE OF THE
PETITION. THE PUBLIC PETITION MAY NOT INVOLVE A MATTER ON A
FUTURE BOARD AGENDA AND MUST CONCERN A MATTER IN WHICH
THE BOARD CAN TAKE ACTION. PUBLIC PETITIONS ARE LIMITED TO A
SINGLE PRESENTER, WITH A MAXIMUM TIME OF TEN MINUTES, UNLESS
EXTENDED BY THE CHAIR. SHOULD THE PETITION BE GRANTED, THE
ITEM WILL BE PLACED ON A FUTURE AGENDA FOR A PUBLIC HEARING.
ANYONE WISHING TO ADDRESS THE BOARD ON GENERAL TOPICS NOT
ON THIS AGENDA OR A FUTURE AGENDA MUST REGISTER TO SPEAK
PRIOR TO THE PUBLIC COMMENT PORTION OF THE AGENDA BEING
CALLED BY THE CHAIR. SPEAKERS WILL BE LIMITED TO THREE
MINUTES, AND NO ADDITIONAL MINUTES MAY BE CEDED TO THE
SPEAKER. AT THE CHAIR’S DISCRETION, THE NUMBER OF PUBLIC
SPEAKERS MAY BE LIMITED TO 5 FOR THAT MEETING.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD
WILL NEED A RECORD OF THE PROCEEDING PERTAINING THERETO,
AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF
THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
COLLIER COUNTY ORDINANCE NO. 2003-53 AS AMENDED BY
ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS
SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING
BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY
COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE
BOARD MINUTES AND RECORDS DEPARTMENT.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,
YOU ARE ENTITLED, AT NO COST TO YOU, THE PROVISION OF CERTAIN
ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES
MANAGEMENT DIVISION LOCATED AT 3335 EAST TAMIAMI TRAIL, SUITE
1, NAPLES, FLORIDA, 34112-5356, (239) 252-8380; ASSISTED LISTENING
DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE
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October 22, 2024
FACILITIES MANAGEMENT DIVISION.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1. INVOCATION AND PLEDGE OF ALLEGIANCE
2. AGENDA AND MINUTES
A. Approval of today's Regular, Consent, and Summary agenda as amended
(ex-parte disclosure provided by Commission members for Consent agenda.)
B. This Item Continued from the October 8, 2024, BCC Meeting.
September 10, 2024, BCC Meeting Minutes.
C. This Item Continued from the October 8, 2024, BCC Meeting.
September 19, 2024, BCC Budget Hearing Minutes
3. AWARDS AND RECOGNITIONS
A. EMPLOYEE
1) 20 YEAR ATTEBDEES
a) Bernard Frerick - Wastewater
2) 25 YEAR ATTENDEES
3) 30 YEAR ATTENDEES
a) Jonathan Harraden- Emergency Medical Services
4) 35 YEAR ATTENDEES
a) Irving Baez – Parks & Recreation
b) Heather Sweet – Utilities Finance Operation
c) George Yilmaz – Public Utilities Department
B. ADVISORY BOARD MEMBERS
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October 22, 2024
C. RETIREES
D. EMPLOYEE OF THE MONTH
4. PROCLAMATIONS
A. Proclamation designating October 25 - November 2, 2024, as Mobility Week
in Collier County. To be accepted by Brian Wells, Director, Public Transit &
Neighborhood Enhancement, and Omar DeLeon, Transit Manager.
B. Proclamation recognizing the individuals who fostered animals from Collier
County Domestic Animal Services during Hurricane Milton.
5. PRESENTATIONS
A. Update by the Pelican Bay Foundation, Inc., on Pickleball at Pelican Bay
Community Park
B. Hurricane Milton After Action Summary
6. PUBLIC PETITIONS
7. PUBLIC COMMENTS (On General Topics not on the Current or Future Agenda)
8. BOARD OF ZONING APPEALS
9. ADVERTISED PUBLIC HEARINGS
A. This Item was Continued from the January 23, 2024, BCC Meeting to
the September 24, 2024, BCC Meeting and Further Continued to the
October 8, 2024, BCC Meeting. This Item Continued from the October
8, 2024, BCC Meeting. Recommendation to approve an Ordinance of the
Board of County Commissioners amending the Collier County Growth
Management Plan to create the Mattson at Vanderbilt Residential Subdistrict
to allow a maximum density of 150 multifamily rental units with affordable
housing. The subject property is located on the north side of Vanderbilt
Beach Road, approximately 825 feet from the intersection of Vanderbilt
Beach Road and Livingston Road, in Section 31, Township 48 South, Range
26 East, Collier County, Florida, consisting of 5.88± acres, PL20220001010.
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October 22, 2024
(This is a companion to Item #9B)
B. This Item was Continued from the January 23, 2024, BCC Meeting to
the September 24, 2024, BCC Meeting and Further Continued to the
October 8, 2024, BCC Meeting. This Item Continued from the October
8, 2024, BCC Meeting. This item requires the Commission members to
provide ex-parte disclosure. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to approve an
ordinance for the property from a Rural Agricultural (A) Zoning District to a
Residential Planned Unit Development (RPUD) Zoning District for the
project to be known as Mattson at Vanderbilt RPUD, to allow construction
of up to 150 multi-family rental units with affordable housing on property
located on the north side of Vanderbilt Beach Road, approximately 825 feet
from the intersection of Vanderbilt Beach Road and Livingston Road, in
Section 31, Township 48 South, Range 26 East, consisting of 5.88± acres,
PL20220001011. (This is a companion to Item #9A)
10. BOARD OF COUNTY COMMISSIONERS
A. Recommendation to promote a Public Hearing hosted by the Florida
Department of Agriculture and Consumer Services, Florida Forest Service,
and the Management Plan Advisory Group for the Okaloacoochie Slough
State Forest on the draft 10-Year Land Management Plan of the
Okaloacoochie Slough State Forest. (William L. McDaniel, Jr.,
Commissioner - District 5)
B. Recommendation to authorize staff to initiate the process of installing a Safe
Haven Baby Box at a County-owned and operated Emergency Medical
Services (EMS) Station and approve any necessary Budget Amendments.
11. COUNTY MANAGER'S REPORT
A. This Item Continued from the October 8, 2024, BCC Meeting.
Recommendation to direct staff to proceed with a Sports Complex
Expansion & Tourism Impact Study for the future phases of the Paradise
Coast Sports Complex to be conducted by Hunden Partners, seek a Tourist
Development Committee recommendation for the expenditure of tourist
development taxes for the tourism impact study, and provide direction to
proceed with an additional field (Field 9) and the associated restroom,
shelter structure, parking, and site work to complete Phase 3. (Ed Finn,
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October 22, 2024
Deputy County Manager)
B. This Item Continued from the October 8, 2024, BCC Meeting.
Recommendation to accept a presentation regarding the authorized use of
each of the five pennies of the Tourist Development Tax pursuant to
Florida's Tourist Development Tax statute, Section 125.0104, Fla.
Stat. (Christopher Johnson, Division Director - Corporate Financial &
Management Services)
C. This Item Continued from the October 8, 2024, BCC Meeting.
Recommendation to approve an Agreement for Sale and Purchase under the
Conservation Collier Land Acquisition Program with Symphony Properties
LLC for a 150.0-acre property at a cost of $4,015,000, for a total cost not to
exceed $4,035,150, inclusive of closing costs. (Jaime Cook, Division
Director - Development Review)
12. COUNTY ATTORNEY'S REPORT
A. This Item Continued from the October 8, 2024, BCC Meeting.
Recommendation to authorize a representative of the County Attorney's
Office to bid on behalf of the County at a code enforcement lien foreclosure
sale scheduled by the Clerk in Collier County, Florida v. Lee Vern Lambert,
et al., Circuit Case No. 23-CA-3392, in an amount to be determined by the
Board. (Ronald Tomasko, Assistant County Attorney)
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
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October 22, 2024
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) This Item Continued from the October 8, 2024, BCC Meeting.
Recommendation to approve and authorize the chairman to execute an
Amendment to the Economic Development Agreement with PFPI OZ,
LLC to reallocate funding amongst line items to better facilitate
economic development in Golden Gate City.
2) This Item Continued from the October 8, 2024, BCC Meeting.
Recommendation to approve final acceptance of the potable water and
sewer utility facilities and accept the conveyance of the potable water
and sewer facilities for Terreno at Valencia Golf and Country Club
Phase 2B and 2C, PL20240005675.
3) This Item Continued from the October 8, 2024, BCC Meeting.
Recommendation to approve the release of a code enforcement lien
with an accrued value of $149,700 for a reduced payment of
$24,070.90 in the code enforcement action titled Board of County
Commissioners vs. Double M Investments, LLC, relating to property
located at 659 Palm Ave., Collier County, Florida.
4) This Item Continued from the October 8, 2024, BCC Meeting.
Recommendation to approve final acceptance and accept the
conveyance of the potable water and sewer utility facilities for Seven
Shores Phase 1A, PL20230015660.
5) This Item Continued from the October 8, 2024, BCC Meeting.
Recommendation to approve a Resolution for final acceptance of the
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October 22, 2024
private roadway and drainage improvements and acceptance of the
plat dedications for the final plat of Founders Square, Application
Number PL20190000344, and authorize the release of the
maintenance security in the amount of $575,493.19.
6) This Item Continued from the October 8, 2024, BCC Meeting.
Recommendation to approve an Agreement for Sale and Purchase
under the Conservation Collier Land Acquisition Program with Robert
A. Dennison for a 2.73-acre parcel at a cost of $62,790, for a total cost
not to exceed $64,510 inclusive of closing costs.
7) This Item Continued from the October 8, 2024, BCC Meeting.
Recommendation to approve a Resolution amending the Growth
Management Community Development Department Services Fee
Schedule reflecting the operating costs associated with subdivision
review, preliminary plats, and minor easement use agreements, with
an effective date of October 8, 2024, in accordance with the Collier
County Code of Laws and Ordinances, Section 2-13.
8) This Item Continued from the October 8, 2024, BCC Meeting.
Recommendation to approve a Resolution for final acceptance of the
private roadway and drainage improvements and acceptance of the
plat dedications for the final plat of Azure at Hacienda Lakes – Phase
1 Replat, Application Number PL20180001774, and authorize the
release of the maintenance security in the amount of $61,369.69.
9) This Item Continued from the October 8, 2024, BCC Meeting.
Recommendation to approve final acceptance of the potable water and
sewer utility facilities and accept the conveyance of a portion of the
potable water facilities and appurtenant utility easement for Hampton
Inn at the Shops at Hammock Cove, PL20240006452.
10) This Item Continued from the October 8, 2024, BCC Meeting.
Recommendation to approve final acceptance of the potable water and
sewer utility facilities and accept the conveyance of a portion of the
sewer utility facilities for Caring Dentistry, PL20240006813
This Item Continued from the October 8, 2024, BCC Meeting.
Recommendation to approve final acceptance of the potable water
utility facilities for Eagle Creek Golf & Country Club Clubhouse,
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October 22, 2024
PL20240009745.
11) This Item Continued from the October 8, 2024, BCC Meeting.
Recommendation to direct staff to advertise an ordinance amending
Ordinance 2022-42, as amended, which established Milestone
Inspections of aging condominium and cooperative buildings in
unincorporated Collier County and bring back the ordinance at an
advertised public hearing.
12) This Item Continued from the October 8, 2024, BCC Meeting.
Recommendation to approve the selection committee’s ranking related
to Invitation to Negotiate (ITN) No. 24-8291, “Immokalee Culinary
Accelerator Lease and Equipment Purchase” and authorize staff to
begin negotiations with the top-ranked firm, Core Health Partners
Foundation Incorporated, so that a proposed agreement can be brought
back for the Board’s consideration at a future meeting.
13) This Item Continued from the October 8, 2024, BCC Meeting.
Recommendation to approve a Donation Agreement that allows SD
Orange Blossom, LLC, a Florida limited liability company, to donate
two 1.14-acre parcels along with a management endowment of
$239,280, to the Conservation Collier Land Acquisition Program
under the offsite vegetation retention provision of the Land
Development Code LDC Sec 3.05.07 H.1.f.vi.(b), at no cost to the
County, and authorize the Chairman to sign the Donation Agreement
and staff to take all necessary actions to close.
14) This Item Continued from the October 8, 2024, BCC Meeting.
Recommendation to approve a Collier County Standard Form Long-
Term Ground Lease and a Collier County Standard Form Developer
Agreement with MHP Collier II, LLC, to build housing that is
affordable at 6360 Collier Boulevard in a development known as Ekos
on Collier.
15) This Item Continued from the October 8, 2024, BCC Meeting.
Recommendation to approve a Resolution for final acceptance of the
private roadway and drainage improvements and acceptance of the
plat dedications for the final plat Oyster Harbor at Fiddler’s Creek
Phase 2, Application Number PL20160000543, and authorize the
release of the maintenance security in the amount of $2,041,546.41.
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October 22, 2024
16) Recommendation to approve the release of a code enforcement lien
with an accrued value of $96,400, for a reduced payment of $894.20,
in the code enforcement action titled Board of County Commissioners
vs. Luis Rios Centeno, relating to property leased at 301 Fillmore St.,
Collier County, Florida.
17) Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of $735,293.15 which was posted as
a guaranty for Excavation Permit Number PL20220004687 for work
associated with Caymas Phase One.
18) Recommendation to approve final acceptance of the sewer utility
facilities and accept the conveyance of the sewer utility facilities for
Fiddler’s Creek Plaza - US 41 Turnlane Offsite Forcemain
Realignment, PL20240002087.
19) Recommendation to approve final acceptance of the potable water and
sewer utility facilities and accept the conveyance of the potable water
and sewer utility facilities and appurtenant utility easements for
Caymas Phase One – Phase 1C & 1D, PL20230017303.
20) Recommendation to approve final acceptance and accept the
conveyance of the potable water and sewer utility facilities for Groves
at Orange Blossom Phase 2B, PL20240007175.
21) Recommendation to accept the Conservation Collier Annual Report,
provide an update on the program’s past activities, and to solicit
acquisition proposals and applications from the public.
22) Recommendation to approve the properties on the Conservation
Collier Active Acquisition List (AAL) and direct staff to pursue
projects recommended within the A-Category, funded by
Conservation Collier Land Acquisition Fund.
23) Recommendation to approve a Statutory Deed between Collier
County Transportation Management Services Department and the
Conservation Collier Program for approximately 7.51 acres under the
Conservation Collier Land Acquisition Program Exceptional Benefit
Ordinance to construct a stormwater drainage pond to be used as part
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October 22, 2024
of the Veterans Memorial Boulevard Extension Project, at a cost not to
exceed $1,480,114.
24) Recommendation to approve Agreement No. 24-024-NS with Gannett
Media Corp, d/b/a Gannett Florida LocaliQ, for the publishing of legal
and non-legal advertisements in the Naples Daily News and authorize
the Chair to execute the agreement.
B. TRANSPORTATION MANAGEMENT DEPARTMENT
1) This Item Continued from the October 8, 2024, BCC Meeting.
Recommendation to approve a Resolution approving and authorizing
the Chairman to execute the FY25-26 Public Transportation Grant
Agreement (PTGA) 410139-1-84-08 with the Florida Department of
Transportation (FDOT) State Block Grant Program in the amount of
$2,422,884 providing for State funding for eligible Collier County
fixed-route transit administrative, management, and operational
expenses in the amount of $1,211,442, approve a local match in the
amount of $1,211,442, and authorize the necessary Budget
Amendments. (Collier Area Transit Grant Fund 4031)
2) This Item Continued from the October 8, 2024, BCC Meeting.
Recommendation to approve an Agreement for the purchase of a Road
Right-of-Way, Drainage, and Utility Easement (Parcel 1508RDUE)
required for the Vanderbilt Beach Road Ext – Phase 2 Project (Project
No. 60249). Estimated Fiscal Impact: $18,200.
3) This Item Continued from the October 8, 2024, BCC Meeting.
Recommendation to award Request for Professional Services No. 23-
8196, “CEI Services for 16th Street NE Bridge,” to Hardesty &
Hanover Construction Services, LLC, in the amount of $1,633,476.71,
and authorize the Chairman to sign the attached Agreement (Project
60212).
4) This Item Continued from the October 8, 2024, BCC Meeting.
Recommendation to approve and execute the attached District
Agreement with Big Cypress Stewardship District (District) to
coordinate the construction and cost sharing of transportation
improvements at the intersection of Golden Gate Boulevard and
Desoto Boulevard.
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October 22, 2024
5) This Item Continued from the October 8, 2024, BCC Meeting.
Recommendation to approve an Agreement for the purchase of a
drainage easement (Parcel 153DE) required for the West Goodlette-
Frank Road Area Stormwater Improvement Project Phase 2 (Project
No. 60142). Estimated Fiscal Impact: $5,875.
6) This Item Continued from the October 8, 2024, BCC Meeting.
Recommendation to authorize the Chairman to execute a
Memorandum of Understanding (MOU) with the Florida Department
of Highway Safety and Motor Vehicles for redacted crash data.
7) This Item Continued from the October 8, 2024, BCC Meeting. .
Recommendation to approve an Agreement for the purchase of right-
of-way (Parcel 1330FEE) required for the Vanderbilt Beach Road Ext
– Phase 2 Project (Project No. 60249). Estimated Fiscal Impact:
$43,800.
8) This Item Continued from the October 8, 2024, BCC Meeting.
Recommendation to approve an after-the-fact payment in the amount
of $52,168.50 to AIM Engineering & Surveying, Inc., for the “Palm
River Weir Replacement” project under Agreement No. 18-7432-CE,
“Professional Services Library Civil Engineering Category” for work
completed to the satisfaction of the County. (Project Number 60234)
9) This Item Continued from the October 8, 2024, BCC Meeting.
Recommendation to approve an after-the-fact payment in the amount
of $395,513.10 to Coastal Concrete Products, LLC, d/b/a Coastal Site
Development, for the completed “Harbor-Holiday Pipe Replacement”
project under Agreement No. 20-7800, “Underground Contractor
Services” for work completed to the County's satisfaction. (Project
Number 50210)
10) This Item Continued from the October 8, 2024, BCC Meeting.
Recommendation to approve an after-the-fact payment in the amount
of $198,715.84 to Coastal Concrete Products, LLC d/b/a Coastal Site
Development for the completed “Forest Hills Boulevard Stormwater
Management Improvements” project under Agreement No. 20-7800,
“Underground Contractor Services” for work completed to the
satisfaction of the County. (Project Number 60224)
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October 22, 2024
11) This Item Continued from the October 8, 2024, BCC Meeting.
Recommendation to award Invitation to Bid ("ITB") No. 24-8260,
“Tree Relocations and Irrigation Installation from I-75 at Pine Ridge
Rd to I-75 at Golden Gate Pkwy Project," to VisualScape, Inc., in the
amount of $741,743.40, approve the necessary Budget Amendments,
and authorize the Chairman to sign the attached Agreement.
12) Recommendation to approve two Agreements for the purchase of
Parcels 101FEE1 and 101FEE2 required for construction of the Lake
Park Flow Way Project (Project 60246) and to approve the necessary
Budget Amendment. Estimated Fiscal Impact: $583,550.
13) Recommendation to approve an Agreement for the purchase of right
of way (Parcel 1344FEE) required for the Vanderbilt Beach Road Ext
– Phase 2 Project (Project No. 60249). Estimated Fiscal Impact:
$7,051.
14) Recommendation to approve an Agreement for the purchase of right
of way (Parcel 1314FEE) required for the Vanderbilt Beach Road Ext
– Phase 2 Project (Project No. 60249). Estimated Fiscal Impact:
$31,200.
15) Recommendation to approve an Agreement for the purchase of right
of way (Parcel 1376FEE) required for the Vanderbilt Beach Road Ext
– Phase 2 Project (Project No. 60249). Estimated Fiscal Impact:
$75,500.
16) Recommendation to approve an Agreement for the purchase of right
of way (Parcel 1301FEE) required for the Vanderbilt Beach Road Ext
– Phase 2 Project (Project No. 60249). Estimated Fiscal Impact:
$62,400.
17) Recommendation to award Invitation to Bid (“ITB”) No. 24-8258,
“Davis Blvd Landscape Maintenance – Work Area 26,” to Mainscape,
Inc., as the Primary Vendor, and Superb Landscape Services, Inc., as
the Secondary Vendor, and authorize the Chairman to sign the
attached Agreements.
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October 22, 2024
18) Recommendation to award Invitation to Bid (“ITB”) No. 24-8253,
“Purchase and Delivery of Aggregates,” to Grippo Pavement
Maintenance, Inc., J & Y Group Enterprises, LLC., and Quality
Enterprises USA, Inc., on a primary, secondary and tertiary basis, and
authorize the Chairman to sign the attached Agreements.
19) Recommendation to accept the award and authorize the Chairman to
execute Grant Agreement No. 24CO1 between Collier County Board
of County Commissioners and the Florida Department of
Environmental Protection for funding reimbursement and support for
Collier County Beach Renourishment Projects.
20) Recommendation to approve and authorize the Chairman to execute
Amendment No. 3 to Agreement 20CO3 with the Florida Department
of Environmental Protection Bureau of Beaches and Coastal Systems,
Beach Management Funding Assistance Program, to increase State
funding by $107,000, for a total amount of $1,868,070.50, extend the
Agreement for one year for Dredging of Wiggins Pass, and make a
finding that this item promotes tourism.
21) Recommendation to ratify administratively approved Change Order
No. 1 under Agreement No. 23-8099 to utilize the Owner’s Roadway
Allowance in the amount of $3,100 for additional Modified Fence
Gates and add 10 additional days for the Veterans Memorial Blvd.
Phase 1 – Noise Barrier Wall Project. (Project No. 60198)
22) Recommendation to award Invitation to Bid (“ITB”) 24-8213,
“Rehabilitation of Bridges at Immokalee Road and North Naples
Canal and at Randall Boulevard over Golden Gate Main Canal” to
Thomas Marine Construction, Inc., in the amount of $1,392,434.40,
approve the Owner’s Allowance of $111,000, and authorize the
Chairman to sign the attached Agreement. (Project 66066)
C. PUBLIC UTILITIES DEPARTMENT
1) This Item Continued from the October 8, 2024, BCC Meeting.
Recommendation that the Board of County Commissioners, as ex-
officio the Governing Board of the Collier County Water-Sewer
District, ratify administratively approved Change Order No. 2, adding
eleven days to Agreement No. 23-8187, with Powerserve
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October 22, 2024
Technologies, Inc., for the “33 Lift Station Panels Replacement”
project, and authorize the Chairman to sign the attached Change
Order. (Project No. 50280.6.4)
2) This Item Continued from the October 8, 2024, BCC Meeting.
Recommendation that the Board of County Commissioners, as ex-
officio the Governing Board of the Collier County Water-Sewer
District, approve Agreement No. 24-031-NS, “Hach Lab Equipment,
Products, and Services,” with Hach Company in an estimated amount
of $350,000 per Fiscal Year under a sole-source waiver for a period of
three years, with three one-year renewal options, and authorize the
Chairman to sign the attached Agreement.
3) This Item Continued from the October 8, 2024, BCC Meeting.
Recommendation that the Board of County Commissioners, as ex-
officio the Governing Board of the Collier County Water-Sewer
District, award Invitation to Bid (“ITB”) No. 24-8269, “North County
Water Reclamation Facility Vactor Truck Disposal Modification &
Expansion,” to Douglas N. Higgins, Inc., in the amount of
$591,320.00, approve an Owner’s Allowance of $40,000, and
authorize the Chairman to sign the attached Agreement.
4) This Item Continued from the October 8, 2024, BCC Meeting.
Recommendation that the Board of County Commissioners, as ex-
officio the Governing Board of the Collier County Water-Sewer
District, award a Request for Quotation (“RFQ”) under Agreement
No. 20-7800, the “Underground Contractor Services” for the “NESA –
Irrigation System” project to Douglas N. Higgins, Inc., in the amount
of $696,466, approve an Owner’s Allowance of $50,000, approve the
necessary Budget Amendments, and authorize staff to open a Purchase
Order for the work. (Project 70194)
5) Recommendation that the Board of County Commissioners direct the
County Manager or her designee to negotiate and secure continuation
of existing best value services for Solid Waste, Recyclable Materials,
and Yard Trash collection with Waste Management Inc., of Florida,
and Waste Pro of Florida, Inc., and to bring back negotiated
agreements for consideration and approvals
6) Recommendation that the Board of County Commissioners, as ex-
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October 22, 2024
officio the Governing Board of the Collier County Water-Sewer
District, approve Agreement No. 24-056-NS, “ProMinent Equipment,
Parts, and Services,” with TriNova, Inc., under a single source waiver,
approve expenditures for an estimated amount of $100,000 per each
Fiscal Year for the duration of the five-year agreement, and authorize
the Chairman to sign the attached Agreement.
7) Recommendation that the Board of County Commissioners, as ex-
officio the Governing Board of the Collier County Water-Sewer
District, approve Agreement No. 24-057-NS, “Endress Hauser
Products and Services,” with Endress + Hauser, Inc., for a period of
five years under a single source waiver, authorize expenditures in an
estimated amount of $400,000 per Fiscal Year and $2,000,000 for the
term of the five-year Agreement and authorize the Chairman to sign
the attached Agreement.
8) Recommendation that the Board of County Commissioners, as ex-
officio the Governing Board of the Collier County Water-Sewer
District, approve an after-the-fact payment in the amount of
$152,032.21 on Pay Application No. 9 to Mitchell & Stark
Construction Company, Inc., for work completed for Change Orders
No. 4, 5, 6 and 9 under Agreement No. 20-7769, “SCRWTP Reactor
Tank 4,” and make a finding that this expenditure has a valid public
purpose. (Project 70135)
9) Recommendation that the Board of County Commissioners, as ex-
officio the Governing Board of the Collier County Water-Sewer
District, authorize Budget Amendments to recognize $3,814,600 in
carry-forward revenues deposited in the Disaster Recovery Fund
(1813) received from the insurance proceeds related to the Hurricane
Ian claims in FY24 and allocate $3,814,600 within the same fund
(1813) for Water-Sewer District recovery efforts.
D. PUBLIC SERVICES DEPARTMENT
This Item Continued from the October 8, 2024, BCC Meeting.
Recommendation to award Request for Proposal (RFP) No. 23-8189,
“Professional Services for Administration of U.S. Department of
Housing and Urban Development (HUD) Entitlement Grants,” to
Florida Housing Coalition, Inc., as the primary vendor, and to
Page 17
October 22, 2024
Northeast & Bucks Co., d/b/a Mullin & Lonergan Associates Inc., as
the secondary vendor, and authorize the Chairman to sign the attached
Agreements.
1) This Item Continued from the October 8, 2024, BCC Meeting.
Recommendation to approve after-the-fact Emergency Home Energy
Assistance Program Seventh and Eighth Amendment between the
Area Agency on Aging for Southwest Florida Inc., and Collier County
Services for Seniors Emergency Home Energy Assistance Program
FY24 to renew the Agreement for one year, replace Attachment II
Exhibit 5-Funding Summary (2024-2025); replace Attachment IX-
Budget Summary (2024-2025); recognize additional funding in the
amount of $12,371.73, bringing the total award to $328,918.78; and
authorize the necessary Budget Amendment. (Human Services Grant
Fund 1837)
2) This Item Continued from the October 8, 2024, BCC Meeting.
Recommendation to approve and authorize the Chairman to sign the
HUD ESG-CV Grant Closeout Agreement to close out the Emergency
Solutions Grant-CV for the program year 2020. (Fund 1835)
3) Recommendation to approve and authorize the Chairman to sign the
First Amendment between Collier County and the Collier County
Housing Authority to amend Community Development Block Grant
Agreement #CD23-01 to add and fund a second Project Component
for additional required activities.
4) Recommendation to authorize the chairman to sign one (1) Release of
Lien for an Affordable Housing Density Bonus for a unit that is no
longer subject to the terms of the Agreement.
5) Recommendation to accept the Fiscal Year 2024-2025 Year 2
AmeriCorps September 11th National Day of Service and
Remembrance grant award in the amount of $196,561, allow the
County Manager or her designee to serve as the authorized
representative for the grantor electronic submission system, eGrants,
throughout the grant award period, and authorize the necessary
Budget Amendment. (Housing Grant Fund 1835)
Page 18
October 22, 2024
6) Recommendation to approve and authorize the Chairman to sign an
agreement between Collier County and Renaissance Hall Senior
Living, LLLP, Agreement ARP21-26 for $538,357 for impact fees
associated with the Phase II affordable senior housing project at the
former Golden Gate Golf Course to further affordable housing
initiatives provided through a grant from the U.S. Department of the
Treasury, State and Local Fiscal Recovery Funds (Housing Grants
Fund 1835, Project 33765).
7) Recommendation to approve a Fourth Amendment to Agreement No.
19-7500 with G.A. Food Services of Pinellas County, LLC, d/b/a G.A.
Food Service, to extend the term to provide services for the Senior
Food Program and authorize the Chairman to sign the attached
Amendment.
8) Recommendation to approve and authorize the Chairman to sign the
Second Amendment to the Community Development Block Grant
Subrecipient Agreement #CD22-02 between Collier County and The
Shelter for Abused Women & Children, Inc., to reallocate funds for
disaster-related expenditures. (Housing Grant Fund 1835)
9) Recommendation to approve and authorize the Chairman to sign the
First Amendment to the subrecipient agreement between Collier
County and Collier County Community Redevelopment Agency
(Immokalee) to amend Community Development Block Grant
Agreement #CD22-03 to extend the period of performance. (Housing
Grant Fund 1835)
E. CORPORATE BUSINESS OPERATIONS
1) This Item Continued from the October 8, 2024, BCC Meeting.
Recommendation to authorize expenditures under a single-source
waiver for a period of five years, from FY 2025 through FY 2029, in
an amount not to exceed $100,000 per fiscal year, to obtain Original
Equipment Manufacturer (“OEM”) and non-OEM parts, supplies,
freight, and services from ETR, LLC (“ETR”) necessary to maintain
County ambulances and emergency equipment.
2) This Item Continued from the October 8, 2024, BCC Meeting.
Recommendation to recognize the approval of the renewal term of
Page 19
October 22, 2024
Contract #18-7341-WV and approve the expenditure through a single-
source waiver for a period of five (5) years for the purchase of Risk
Management Information System software from Riskonnect
Clearsight, LLC, for an amount not to exceed $176,127 per fiscal year
and approve any outstanding invoices.
3) This Item Continued from the October 8, 2024, BCC Meeting.
Recommendation to authorize routine and customary Budget
Amendments appropriating carry forward budget in the amount of
$16,746,548.29 for approved open purchase orders into FY 2025.
4) This Item Continued from the October 8, 2024, BCC Meeting.
Recommendation to approve an Amendment and Restatement of
Leasehold Agreement with the City of Naples Airport Authority for
the EMS helicopter MedFlight operation at the Naples Airport for five
(5) years with an option for a (5) five-year renewal.
5) 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 $831.00.
F. COUNTY MANAGER OPERATIONS
1) This Item Continued from the October 8, 2024, BCC Meeting.
Recommendation to award Construction Invitation to Bid (“ITB”) No.
23-8179, the “Collier Boulevard Boating Park Improvements” to
Kelly Brothers, Inc., in the amount of $1,224,873.00, approve an
Owner’s Allowance of $50,000, authorize the Chairman to sign the
attached Agreement, and approve the necessary Budget Amendment.
(Project No. 80404)
2) Recommendation to award Construction Invitation to Bid (“ITB”) No.
24-8255, the “Parking Lot Program Immokalee Sites” to Pavement
Maintenance, LLC., in the amount of $1,219,694.50, approve an
Owner’s Allowance of $160,000.00, and authorize the Chairman to
sign the attached Agreement. (Project No. 50225)
Page 20
October 22, 2024
3) Recommendation to approve the conveyance of easement to Florida
Power & Light Co., to provide space for a pad-mounted transformer
and meter to deliver electric service at the new construction Collier
EMS Station No. 74 at 99 De Soto Boulevard South.
4) Recommendation to award Invitation to Bid (“ITB”) No. 24-8246,
“Lift Station Preventative Maintenance and Repairs,” to Florida
Utility Solutions, Inc., as the Primary vendor, and U.S. Water Services
Corporation, as the Secondary vendor, and authorize the Chairman to
sign the attached Agreements.
5) Recommendation to authorize the approval of $1,000 to settle the
EMS invoice regarding services rendered to Stephen Zelonka.
6) Recommendation to approve a request for a Tourism Impact Study for
the Sun-N-Fun Lagoon in the amount of $38,000 and make a finding
that this expenditure promotes tourism.
7) Recommendation to approve the transition from a 2COP (beer and
wine) license to a 4COP (beer, wine, and liquor) license for the
Paradise Coast Sports Complex (“Sports Complex”) to allow for the
sale of liquor in addition to beer and wine consistent with operating
plans for the Sports Complex and FC Naples, and authorize the
County Manager or designee to sign the Florida Department of
Business and Professional Regulation application for the license
transition.
G. AIRPORT AUTHORITY
H. BOARD OF COUNTY COMMISSIONERS
1) This Item Continued from the October 8, 2024, BCC Meeting.
Proclamation designating October 2024 as Domestic Violence
Awareness Month in Collier County. To be mailed to Linda
Oberhaus, Chief Executive Officer, The Shelter for Abused Women &
Children.
2) This Item Continued from the October 8, 2024, BCC Meeting.
Proclamation designating October 2024 as Safe Infant Sleep Month in
Page 21
October 22, 2024
Collier County. To be mailed to the Florida Department of Health
Collier County.
I. MISCELLANEOUS CORRESPONDENCE
J. OTHER CONSTITUTIONAL OFFICERS
1) This Item Continued from the October 8, 2024, BCC Meeting.
Recommendation to approve Amendment Five to Professional
Services Agreement No. 21-7936, “Professional Services for SAP S/4
HANA Implementation” with Phoenix Business, Inc., d/b/a Phoenix
Business Consulting for tasks related to SAP Success Factors
Workforce Job Scheduling for EMS 56 and Battalion Chief as well as
additional time and funding for the Board related portion of the new
integrated SAP time and attendance payroll platform in the not to
exceed amount of $392,539.00 (Project Number 50017).
2) This Item Continued from the October 8, 2024, BCC Meeting.
Request that the Board approve a $300,000 partial release of funds
held in retention as part of the Mediated Settlement Agreement
entered into by Collier County, Florida and Manhattan Construction
Florida, Inc., on July 25, 2023, pertaining to the construction of the
Paradise Coast Sports Park.
3) This Item Continued from the October 8, 2024, BCC Meeting.
Request that the Board approve and determine valid public purpose
for invoices payable and purchasing card transactions as of October 2,
2024.
4) This Item Continued from the October 8, 2024, BCC Meeting.
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
$39,030,441.71 were drawn for the periods between September 12,
2024, and September 25, 2024, pursuant to Florida Statute 136.06.
5) Request that the Board approve and determine valid public purpose
for invoices payable and purchasing card transactions as of October
16, 2024.
Page 22
October 22, 2024
6) 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
$78,006,748.94 were drawn for the periods between September 26,
2024 and October 9, 2024, pursuant to Florida Statute 136.06.
7) Recommendation to approve Tax Collector request for advance
commissions in accordance with Florida Statute 192.102(1) for
FY2025.
K. COUNTY ATTORNEY
1) This Item Continued from the October 8, 2024, BCC Meeting.
Recommendation to approve a full value settlement plus shared court
costs of $2,018.50 and authorize the Chairman to execute a property
damage release to settle the lawsuit styled Collier County Board of
County Commissioners v. Abigail Arias Perez pending in the County
Court of the Twentieth Judicial Circuit in and for Collier County,
Florida, Case No. 24-SC-1661.
2) This Item Continued from the October 8, 2024, BCC Meeting.
Recommendation to appoint a member to the Bayshore Beautification
Advisory Committee.
3) This Item Continued from the October 8, 2024, BCC Meeting.
Recommendation to approve and authorize the Chairman to execute a
Settlement Agreement in the lawsuit styled Rita Gaffney v. Collier
County, (Case No. 23-CA-1514), now pending in the Circuit Court of
the 20th Judicial Circuit in and for Collier County, Florida, for the
sum of $25,000.00.
4) This Item Continued from the October 8, 2024, BCC Meeting.
Recommendation to appoint Michelle McLeod as a member to the
Collier County Planning Commission, representing Commission
District 4.
This Item Continued from the October 8, 2024, BCC Meeting.
Recommendation to appoint Michelle McLeod as a member to the
Collier County Planning Commission, representing Commission
District 4.
Page 23
October 22, 2024
5) Recommendation to appoint Lloyd Wirshba to the Infrastructure
Surtax Citizen Oversight Committee.
6) Recommendation to appoint Lisa McGarity to the Lely Golf Estates
Beautification Advisory Committee.
L. COMMUNITY REDEVELOPMENT AGENCY
------------------------------------------------------------------------------------------------------------
17. Summary Agenda - This section is for advertised public hearings and must
meet the following criteria: 1) A recommendation for approval from staff; 2)
Unanimous recommendation for approval by the Collier County Planning
Commission or other authorizing agencies of all members present and voting;
3) No written or oral objections to the item received by staff, the Collier
County Planning Commission, other authorizing agencies or the Board, prior
to the commencement of the BCC meeting on which the items are scheduled to
be heard; and 4) No individuals are registered to speak in opposition to the
item. For those items which are quasi-judicial in nature, all participants must
be sworn in.
------------------------------------------------------------------------------------------------------------
A. This Item Continued from the October 8, 2024, BCC Meeting. .
Recommendation to adopt a Resolution approving amendments
(appropriating carry forward, transfers, and supplemental revenue) to the
Fiscal Year 2024-25 Adopted Budget.
B. This item requires that ex-parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to approve Petition VAC-
PL20220008282, to disclaim, renounce and vacate the County and the public
interest in a portion of the Pelican Bay Improvement District Drainage
Easement (P.B.I.D.D.E.), as recorded in Official Record Book 790, Page
1803, of the Public Records of Collier County, Florida, located
approximately 420 feet west of the intersection of Pelican Bay Boulevard
and Gulf Park Drive, in Section 4, Township 49 South, Range 25 East,
Collier County, Florida, and to accept Petitioner’s grant of replacement
drainage easements.
Page 24
October 22, 2024
C. This item requires that Commission members provide ex-parte
disclosure. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to approve a Resolution
renaming a platted street from Eustis Avenue, between S. 1st Street and S.
9th Street, to Howard Way. The street is located in Immokalee, in Section 4,
Township 47 South, Range 29 East, Collier County, Florida.
(PL20240010038)
D. Recommendation to adopt an Ordinance of the Board of County
Commissioners proposing an amendment to the Collier County Growth
Management Plan, Ordinance 89-05, as amended, specifically amending the
Potable Water Sub-Element of the Public Facilities Element to amend Policy
1.7 to reference the updated ten-year water supply facilities work plan, and
amending the Capital Improvement Element to change the level of service
standards for county potable water systems and county sanitary sewer-
wastewater treatment systems; furthermore directing transmittal of the
amendment to the Florida Department of Commerce. (PL20240000400)
E. Recommendation to adopt a Resolution approving amendments
(appropriating carry forward, transfers and supplemental revenue) to the
Fiscal Year 2024-25 Adopted Budget. (The Budget Amendments in the
attached Resolution have been reviewed and approved by the Board of
County Commissioners via separate Executive Summaries.)
18. ADJOURN
October 22, 2024
Page 2
MS. PATTERSON: Chair, you have a live mic.
CHAIRMAN HALL: Good morning, everybody. Welcome to
the commissioner meeting.
And I want to remind everyone to turn your cell phones off. It's
pretty embarrassing when it goes off, and it's way deep in your purse
or your pocket and you can't get it, and everybody's looking at you.
Ask me how I know.
So just a reminder, for the public speakers, we've got a
three-minute. You've got a 30-second warning. And when the
yellow light goes off, that's 30 seconds. And so when the red light
goes off, that's nip it, nip it, nip it in the bud.
So with that, County Manager.
MS. PATTERSON: Good morning. We are going to begin
with our invocation and Pledge of Allegiance. Our invocation will
be by Pastor Kirt Anderson, Naples Community Church, and our
Pledge of Allegiance will be led by Tim Walker, Army veteran, 1962
to 1965, Specialist E4 U.S. Army Security Agency.
PASTOR ANDERSON: Three minutes doesn't count for me,
right?
CHAIRMAN HALL: No.
PASTOR ANDERSON: I thought I got 45.
COMMISSIONER LoCASTRO: We need more than three.
Item #1A
INVOCATION BY PASTOR KIRT ANDERSON, NAPLES
COMMUNITY CHURCH
PASTOR ANDERSON: All right. Let's bow together.
Our heavenly, heavenly Lord, we may have heard about it or
seen it ourselves, but some magazine said that we're the happiest,
October 22, 2024
Page 3
healthiest, safest community in the United States. Guard us that we
swell with pride, for that pride will enable us to do very little.
Instead, may we be smitten by fear and humility, that we may work
hard and enter into the labors of those who've gone before us. Let
their efforts, who've brought us thus far, may we build upon their
good work and do what we must do to make provision for the poor
and the prosperous to live their lives according to the high calling to
which they have been called.
We're not here today by accident or random chance but by work
and prayer under your providential care. Protect and guide us, oh,
Lord, we ask in the name of your incarnate love. Amen.
MR. WALKER: Good morning, everyone. Please join me in
the Pledge of Allegiance. For those that are military veterans, please
render a hand salute. For all others, please place your right hand
over your heart and follow me in the Pledge.
(The Pledge of Allegiance was recited in unison.)
COMMISSIONER SAUNDERS: Could you use one of the
microphones?
MR. WALKER: Thank you, all, and good morning to
everyone, Commissioners, and all the good neighbors and friends of
the VFW and of me, Tom Walker. Thank you.
I wanted to tell you a little bit about the Veterans of Foreign
Wars Post 7721 here in Collier County. You may not know us, but
we've been here for 52 years. We are located near the intersection of
Collier Boulevard and Pine Ridge Road. Official address is 13131
Collier Boulevard.
Our VFW post serves all of Collier County and is the only post
to do so today. COVID caused the other two VFW posts to close.
They were Marco Island and downtown Naples.
We are 1,000 members strong, which includes our VFW
auxiliary, but most importantly, something to think about and help us
October 22, 2024
Page 4
with, together we must take care of our veterans. Your help is
needed. We ask your complete support to fund the Florida VA
nursing home in Collier County. This is the most significant veteran
project ever proposed for Southwest Florida. We are counting on
you to secure the federal funding for this important project. Your
support is urgently needed, and we salute you for it. Thank you very
much.
Item #2A
APPROVAL OF TODAY'S REGULAR, CONSENT, AND
SUMMARY AGENDA AS AMENDED (EX-PARTE DISCLOSURE
PROVIDED BY COMMISSION MEMBERS FOR CONSENT
AGENDA.) - MOTION TO APPROVE BY COMMISSIONER
KOWAL; SECONDED BY COMMISSIONER SAUNDERS -
APPROVE AND/OR ADOPT W/CHANGES
MS. PATTERSON: Commissioners, that brings us to agenda
changes for October 22nd, 2024. First we have an add-on,
Item 10C. This is a recommendation to adopt a resolution in support
of proposed constitutional Amendment 2 concerning the right to hunt
and fish in Florida. This item is brought to the agenda by
Commissioner McDaniel, and you should have received a one-way
communication with the executive summary and the resolution last
night.
Move Item 16A24 to 11D. This is a recommendation to
approve a statutory deed between Collier County Transportation
Management Services Department and the Conservation Collier
program for approximately 7.51 acres under the Conservation Collier
Land Acquisition Program Exceptional Benefit Ordinance to
construct a stormwater drainage pond to be used a part of the
October 22, 2024
Page 5
Veterans Memorial Boulevard Extension Project, at a cost not to
exceed $1,480,114. This is being moved to the regular agenda at
Commissioner Saunders' and Commissioner LoCastro's separate
requests.
Move Item 16F6 to 11E. This is a recommendation to approve
a request for a Tourism Impact Study for the Sun-N-Fun Lagoon in
the amount of $38,000 and make a finding that this expenditure
promotes tourism. This is being moved at Commissioner
McDaniel's request.
One agenda note, Item 16A8, after publishing the agenda, an
updated resolution was added.
We do have court reporter breaks scheduled for 10:30 and again
at 2:50.
With that, County Attorney.
MR. KLATZKOW: I've got nothing. Thank you.
MS. PATTERSON: Commissioners, agenda changes
or -- and/or ex parte.
CHAIRMAN HALL: Commissioner McDaniel.
COMMISSIONER McDANIEL: I have no changes to the
agenda and walked in here without my ex parte. So I'm -- I know I
have ex parte -- I don't have any ex parte on the consent agenda or
summary, I know that. Just on the regular I do.
CHAIRMAN HALL: All right. Commissioner LoCastro.
COMMISSIONER McDANIEL: Can you believe I did that?
COMMISSIONER LoCASTRO: I've got meetings and e-mails
for 9B, and on the --
COMMISSIONER McDANIEL: Consent. Consent and
summary.
COMMISSIONER LoCASTRO: Consent -- yeah, on consent
and summary, I have nothing. Yeah.
CHAIRMAN HALL: All right. Commissioner Kowal.
October 22, 2024
Page 6
COMMISSIONER KOWAL: I have no changes to the agenda,
and I have no ex partes for summary or consent.
CHAIRMAN HALL: And, Commissioner Saunders.
COMMISSIONER SAUNDERS: Mr. Chairman, I have no
changes to the agenda and no disclosure on the consent agenda.
CHAIRMAN HALL: Same as me; no changes, no ex parte.
MS. PATTERSON: If we could get a motion to approve the
agenda as amended.
MR. MILLER: Mr. Chair, we do have one registered speaker
for a summary agenda item, 17C. Would you like to hear him now?
CHAIRMAN HALL: Yes.
MR. MILLER: Gerald Howard, Mr. Howard.
MR. HOWARD: Good morning, Commissioners. I just want
to briefly talk about the consent Agenda 17C in regard to the name
changing of Eustis Avenue in Immokalee, Florida, to Howard Way.
I'm here to speak in behalf of my uncle, Huey Howard, and his
late wife, Dorcas Howard. They was a pillar in the community for
over 60 years. My uncle was in the farming business since the '50s.
My late aunt was my first-grade teacher in the '60s at Pinecrest on
Ninth Street in Immokalee.
So with them being a fixture in the community and have done a
lot for the community and in the community, I would hope that this
agenda pass to show support to the family for what they have done
for the community.
And thank you all for your time. Thank you.
CHAIRMAN HALL: Thank you, Mr. Howard.
Do we have a motion and a second yet to approve the consent
and summary?
COMMISSIONER KOWAL: So moved.
COMMISSIONER SAUNDERS: Second.
CHAIRMAN HALL: Moved and seconded. All in favor, say
October 22, 2024
Page 7
aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN HALL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER KOWAL: Aye.
CHAIRMAN HALL: All opposed?
(No response.)
CHAIRMAN HALL: Welcome to Howard Street.
COMMISSIONER LoCASTRO: God, I hope my kids
speak -- I hope my -- I hope my kids talk about me that Way.
(Applause.)
COMMISSIONER McDANIEL: It's Howard Way. Howard
Way.
CHAIRMAN HALL: Howard way.
COMMISSIONER LoCASTRO: Howard Way. Speed limit
on Howard Way is -- I heard it's 85 miles per hour; is that right?
COMMISSIONER McDANIEL: I couldn't be more -- I
couldn't be more proud to bring forward something like that just to
honor that gentleman. He's been my friend for forever. I own
another business out by a piece of property that he owns on State
Road 82.
When Dorcas was teaching Sunday school, Huey didn't want to
go to church for Sunday school, and so he'd go check the cows. And
he and I'd stand out there and commune with the Lord at sunrise, and
he always had a big chew of tobacco in. And we would have really,
really nice conversations in the early morning hours on Sunday
morning. And then he'd get to look, "Well, Ms. Dorcas is going to
want me to be to Sunday school, so I got to go," and off he'd go, and
he'd go to church. So my friend.
SEE REVERSE SIDE
Proposed Agenda Changes
Board of County Commissioners Meeting
October 22, 2024
Add On Item 10C: Recommendation to adopt a resolution in support of Proposed Constitutional
Amendment 2 concerning the right to hunt and fish in Florida. (Commissioner McDaniel’s request)
Move Item 16A24 to 11D: Recommendation to approve a Statutory Deed between Collier County
Transportation Management Services Department and the Conservation Collier Program for
approximately 7.51 acres under the Conservation Collier Land Acquisition Program Exceptional Benefit
Ordinance to construct a stormwater drainage pond to be used as part of the Veterans Memorial
Boulevard Extension Project, at a cost not to exceed $1,480,114. (Commissioner Saunders’ and
Commissioner LoCastro’s separate requests)
Move Item 16F6 to 11E: Recommendation to approve a request for a Tourism Impact Study for the Sun-
N-Fun Lagoon in the amount of $38,000 and make a finding that this expenditure promotes tourism.
(Commissioner McDaniel’s request)
Notes: Item 16A8: After publishing the agenda, an updated resolution was added.
TIME CERTAIN ITEMS:
10/21/2024 8:48 PM
October 22, 2024
Page 8
Item #2B & #2C
BCC REGULAR MINUTES FOR SEPTEMBER 10, 2024, AND
SEPTEMBER 19, 2024, BCC BUDGET HEARING MINUTES
MS. PATTERSON: Commissioners, that brings us to Items 2A
and 2B. These were continued from the October 8th, 2024, Board
meeting. This is approval of minutes for the September 10th, 2024,
BCC meeting and the September 19th, 2024, BCC budget
hearings -- hearing.
COMMISSIONER SAUNDERS: Mr. Chairman, I'll move for
approval of both items.
COMMISSIONER LoCASTRO: Second.
CHAIRMAN HALL: All in favor, say aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN HALL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER KOWAL: Aye.
CHAIRMAN HALL: Opposed?
(No response.)
CHAIRMAN HALL: They're in the books.
Item #3A
AWARDS AND RECOGNITIONS – EMPLOYEES
MS. PATTERSON: That brings us to Item 3, awards and
recognitions. And before we get started with our awards for the
employees, we wanted to briefly thank the staff. We've had
back-to-back weather events here with Helene and Milton, and it's
October 22, 2024
Page 9
been a really tough rainy season as well.
So a huge thank you, and we'll say it again when Dan Summers
gets up here, to our teams, from the people in the call center, to the
Building Department who went out after the storm and did record
damage assessment, Stormwater, Road and Bridge, Water,
Wastewater, and anybody that I'm not naming doesn't mean that
we're not thanking you, all the county employees that came together
and helped our community during this event.
But specifically, from our Building Department, Richard Long is
retiring on November 1st after 19 years with the county. He started
as an electrical inspector, then moved up to chief electrical inspector,
building division manager, and was finally promoted to division
director in November of 2016.
Over the last 10 years, the Building Department has completed
459,360 permits and 2,428,766 inspections.
Richard --
COMMISSIONER McDANIEL: Can we fact check all that?
MS. PATTERSON: Yeah.
COMMISSIONER McDANIEL: That just seems like a lot.
MS. PATTERSON: That's a lot.
Richard has led the assessment teams for the last six major
hurricanes, the most recent being Helene, with a preliminary damage
totals of 7.8 million, and Milton, with preliminary damage totals of
33.5 million.
Richard and the chiefs assembled quick response teams to assist
Lee County the day after Helene with five inspectors, and nine
inspectors were sent the day after Milton. Thank you, Rich, for your
leadership and the dedication of your team. And if you'd like to
come forward so we can get a photo with the Board.
COMMISSIONER McDANIEL: There he is.
(Applause.)
October 22, 2024
Page 10
COMMISSIONER LoCASTRO: Motion to disapprove the
retirement.
COMMISSIONER McDANIEL: Thank you.
COMMISSIONER LoCASTRO: Thanks.
MR. FRENCH: We'll get a picture with him and then maybe
with his chiefs. Come on guys, real quick, these are the chiefs that
back him up.
MR. LONG: They do all the work.
COMMISSIONER LoCASTRO: They look exhausted.
CHAIRMAN HALL: They haven't yet begun to fight.
(Applause.)
COMMISSIONER McDANIEL: Are we going to get a speech
out of him with all the --
MR. LONG: No.
COMMISSIONER McDANIEL: No? No speeches, okay.
MR. FRENCH: He's got to go back to work.
COMMISSIONER KOWAL: He's got a few days left.
Item #3A1a
AWARDS AND RECOGNITIONS – 20 YEAR ATTENDEES
MS. PATTERSON: That brings us to our employee awards.
First up we have a 20-year attendee, Bernard Frerick, Wastewater.
Congratulations. Oh, 20 years.
(Applause.)
CHAIRMAN HALL: You can go shake hands, and then we'll
give you this.
(Applause.)
Item #3A3a
October 22, 2024
Page 11
AWARDS AND RECOGNITIONS – 30 YEAR ATTENDEES
MS. PATTERSON: Next up we have Jonathan Harraden,
Emergency Medical Services, 30 years. Congratulations.
(Applause.)
COMMISSIONER McDANIEL: When do you retire?
COMMISSIONER LoCASTRO: Today. He's like, "I'm out of
here."
COMMISSIONER McDANIEL: Give him the plaque.
You've got to have the plaque.
MS. PATTERSON: Let's get Tony and Bruce.
(Applause.)
Item #3A4a, b, and c
AWARDS AND RECOGNITIONS – 35 YEAR ATTENDEES
MS. PATTERSON: Next up we have our 35-year attendees.
COMMISSIONER McDANIEL: Wow.
MS. PATTERSON: Irving Baez, Parks and Recreation.
Congratulations.
(Applause.)
MS. PATTERSON: Thirty-five years, let's get our Parks up
here for another photo. Come on up.
(Applause.)
MS. PATTERSON: We have another 35-year attendee,
Heather Sweet, Utilities Finance Operations. Congratulations.
(Applause.)
MS. PATTERSON: Don't run away. We're going to get
Utilities up here with you. I know there's a bunch of them back
October 22, 2024
Page 12
there. Public Utilities.
(Applause.)
MS. PATTERSON: Don't run away, Dr. George. Last but not
least, 35 years, Dr. George Yilmaz.
(Applause.)
COMMISSIONER LoCASTRO: You got another 35 left in
you?
DR. YILMAZ: Yes, sir.
CHAIRMAN HALL: Just a young pup.
(Applause.)
MS. PATTERSON: Public Utilities, come on up, come on.
Oh, Heather.
COMMISSIONER LoCASTRO: Here comes the fam.
MS. PATTERSON: Let's get Public Utilities, and then let's get
Heather.
(Applause.)
MS. PATTERSON: One more. One alone. It's not 35 years
that you get every day, right?
MS. YILMAZ: I know, exactly. I had to convince him of that.
This is a new chapter, right?
(Applause.)
MS. PATTERSON: Thank you.
Item #4A
PROCLAMATION DESIGNATING OCTOBER 25 - NOVEMBER
2, 2024, AS MOBILITY WEEK IN COLLIER COUNTY. TO BE
ACCEPTED BY BRIAN WELLS, DIRECTOR, PUBLIC TRANSIT
& NEIGHBORHOOD ENHANCEMENT, AND OMAR DELEON,
TRANSIT MANAGER - MOTION TO APPROVE BY
COMMISSIONER MCDANIEL; SECONDED BY
October 22, 2024
Page 13
COMMISSIONER KOWAL – ADOPTED
MS. PATTERSON: Okay. That brings us to proclamations,
Item 4. Item 4A is a proclamation designating October 25th through
November 2nd, 2024, as Mobility Week in Collier County. To be
accepted by Brian Wells, director, Public Transit and Neighborhood
Enhancement, and Omar DeLeon, Transit manager.
Congratulations.
(Applause.)
MR. WELLS: Good morning, Board. Thank you for the
proclamation this morning. My name is Brian Wells. I'm your
division director for Public Transit and Neighborhood Enhancement.
I want to encourage folks in our community to try transit on
Mobility Week, especially on our Free Try Transit Day on Saturday,
November 2nd. It's the last day for early voting, and we're teamed
with the election office to encourage folks to get out and vote early if
they'd like to, and they can do so free a bus on Saturday on our fixed
route service. So we're encouraging folks to make that opportunity
and get around for free that day.
If you haven't been on a bus before, we encourage you to try
that. We do yeoman's work with -- I have an excellent team. It's
my privilege to lead that group. Many years they've been involved
with CAT and CAT Connect, our paratransit, and it's my privilege to
work with them. They're very dedicated to making transit safe and
secure and as reliable as we can in our traffic here in Collier County.
So thank you for the time. Appreciate that.
CHAIRMAN HALL: Thanks, Brian.
Item #4B
PROCLAMATION RECOGNIZING THE INDIVIDUALS WHO
October 22, 2024
Page 14
FOSTERED ANIMALS FROM COLLIER COUNTY DOMESTIC
ANIMAL SERVICES DURING HURRICANE MILTON - MOTION
TO APPROVE BY COMMISSIONER MCDANIEL; SECONDED
BY COMMISSIONER KOWAL – ADOPTED
MS. PATTERSON: Commissioners, Troy's going to pull up
our photo loop here. But your next proclamation is 4B. It's a
proclamation recognizing the individuals who fostered animals from
Collier County Domestic Animal Services during Hurricane Milton.
We do have a number of attendees here, both volunteers, fosters, and
Ms. Meredith McLean, your director of Domestic Animal Services.
Congratulations.
(Applause.)
MS. PATTERSON: Come on up, everybody. Don't be shy.
(Applause.)
MS. McLEAN: Good morning. I just want to give some
numbers quickly on the storm fosters and their importance when we
are getting ready and preparing the shelter for the storm.
So we all know that staff may have not been able to make it into
work the next day, so it was really important to get animals out of the
shelter during that time so we can minimize the load and impact that
the staff might need to take care of at the shelter.
During that time, we kind of got with our volunteers. Jane,
who's not here, was one of the leaders on speaking with people and
seeing who they could foster. We got 78 animals out of the shelter
within two days before the storm. So that is a big feat to take on.
And not only did those animals get out of the shelter during that time,
many of them got adopted, and if they didn't get adopted, we got to
learn much more about them.
So I just want to give a second round of applause to the
volunteers and the staff who did that for us. Thank you.
October 22, 2024
Page 15
(Applause.)
MS. PATTERSON: If we could get a motion to accept the
proclamations, please.
COMMISSIONER McDANIEL: So moved.
COMMISSIONER KOWAL: Second.
CHAIRMAN HALL: 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 #5A
UPDATE BY THE PELICAN BAY FOUNDATION, INC., ON
PICKLEBALL AT PELICAN BAY COMMUNITY PARK –
PRESENTED
MS. PATTERSON: That brings us to Item 5. 5A is an update
by the Pelican Bay Foundation, Inc., on pickleball at Pelican Bay
Community Park.
MR. D'ERRICO: Commissioners, good morning. Thank you
for allocating some time on your agenda for us this morning. My
name is Tony D'Errico. I'm the president of Pelican Bay
Foundation, and I'm joined by Melanie Miller, our vice president.
MS. MILLER: Good morning. Thank you for having us, and
we're excited to share this update with you. Let's see if I can get this
to -- okay. So the things we're going to go through is construction
management, our current timeline, fire access and work site updates,
upcoming town hall, review of contract dates, and then any
October 22, 2024
Page 16
comments and questions.
So our current progress on construction management, ORCO is
our owner representative construction observations, and they've been
hired as our lead owners' rep. Chris Hagan is here with us today as
well. And then we have gone out and received multiple bids.
We've chosen Ritzman as the court contractor and Curran Young
Construction as general contractor. These contracts are in final
phase of revision, and we hope to finalize those contracts by the end
of the week or next week.
And then we're in permits with several agencies and permit
sections. Josh Fruth is also civil engineering, and he has updated us.
Some are in their second round and some have some questions to be
answered. Josh is with Peninsula Engineering. And then Parker
Mudgett Smith Architects also has -- both of those firms have been
consistent from preconstruction, and they will stay on the project
through close-out.
MR. D'ERRICO: We wanted to share also just an updated
version of our project timeline with you. We would have loved
nothing more than to have these courts and this entire facility
delivered to the county by this season, but unfortunately, our design
processes has taken much longer than we anticipated, particularly
measures we have taken in the area of sound attenuation.
But this is our current view. I'll give you the bookends.
Melanie already commented on our permitting window. We'd like
to have our shovels in the ground in December and be playing
pickleball sometime in June. It's about a six-month construction
window, which I think we think is very doable given the current
market conditions.
Also wanted to share an updated site plan. No substantive
changes since the last view, since our last update. We -- per county
specifications, we added a swale, a natural swale on the south and in
October 22, 2024
Page 17
the east of the court facility. And everything else is located where it
previously was the last time you looked at this site plan. The one
thing we wanted to call your attention to is what we're envisioning as
a requirement for the build envelope and the construction envelope
that's depicted in the black square outline on the map. And as you
can see, this takes up nearly the entire park facility and up to and, of
course, including the parking facility, which we're going to be
expanding.
Also wanted to share just a -- because we haven't included an
elevation of the -- of the player pavilion, but this is just for your
information. This is a slightly larger version of what we had started
with, but we're anticipating high demand for courts, high demand for
play activity, so we wanted to make sure that the players' staging and
comfort area was generous. We believe this will fit the bill, a
facility -- a shade structure of this size. There's also in the enclosed
portion, which you can't see in any detail on this rendering, but
there's restrooms and a small pro shop where we're going to be
providing instant retail for the consumers.
MS. MILLER: And then we wanted to share information that
we have been working closely with staff in Parks and Rec. We have
two public town halls coming up at Veterans Park administrative
building on October 28th. We have promoted -- they have been
promoted through Collier County, and we're promoting within our
network as well. We also held for our members at Pelican Bay town
halls in August, and that video remains available on our website for
members.
Contract dates. So the county and Foundation agreed to
improvements within 240 days of August 22nd. When the contract
was signed, that was completed; the courts being completed within
six months of commencing construction. That is our timeline; and
remaining improvements completed within 12 months. We expect
October 22, 2024
Page 18
everything to take -- be in the six-month time frame.
And then Pelican Bay Foundation became concessionaire on site
as of April, and then we've also provided the entrance information to
county Parks and Rec, so those are all the contract dates and
requirements.
We're available for any comments and questions.
CHAIRMAN HALL: Great.
MR. D'ERRICO: Commissioners, again, we thank you for the
time. We are thrilled to start this project, we're thrilled to finish this
project, and we're thrilled to unveil it to the Collier County residents
and the members of Pelican Bay. It's going to be a quality facility,
and you're going to be very proud of it.
Thank you very much for your time.
CHAIRMAN HALL: Thank you, Tony.
Thanks, Michelle.
Item #5B
HURRICANE MILTON AFTER ACTION SUMMARY -
PRESENTED BY DAN SUMMERS
MS. PATTERSON: Commissioners, that brings us to Item 5B.
This is a Hurricane Milton after-action summary. Mr. Dan
Summers, your director of Emergency Management, is here to
present.
MR. SUMMERS: Commissioners, good morning. For the
record, Dan Summers.
And, boy, I like being here talking to you after the event as
opposed to before the event. But one way or the other, we have an
opportunity to discuss some after-action items with you.
Troy, I'm not able -- here we go.
October 22, 2024
Page 19
I want to take a moment and -- as the County Manager
mentioned earlier to thank our partners. Rest assured that while we
had some very good operations, and generally successful, we know
that these hurricane events continue to impact lives, and folks are in
various stages of recovery, and we're sensitive to that. I want to treat
this event -- and I hope you all understand that we treat this as a
marathon. A response is one thing. Recovery is quite another.
And we're working really hard to make sure that every program and
resource is leveraged.
In addition to that, in my career here, this -- as you know, I have
North Carolina roots, and seeing what has gone on in the entire
Southeast with disaster response is quite gut-wrenching, frankly, but
we are working together and could not be more proud of this
community and the partnership and the teamwork that we have put
forward.
I think it's important for you to have a little visibility statewide
as to what's gone on as we drill down into Collier County, and a real
thanks to this governor's administration and Kevin Guthrie because
we have had -- every resource request that we have made has been
made and provided for by the State, and they have done some
amazing things when you look at 38 to 40-some counties impacted
yet again from a storm event.
I want to highlight disaster legal hotline. Sometimes folks have
some challenges during these times and might need some legal
assistance.
Crisis Cleanup continues to be quite successful. That is an app
or a website on your phone that if you are struggling with some
recovery issues and cleanup issues, you can put in a request in that
crisis cleanup line, and non-profits will try to find an opportunity to
either serve you or find a civic group to assist you, and that's working
really well.
October 22, 2024
Page 20
And I am not an accountant or a CPA, but I thought it was quite
interesting that for some folks there will be some extensions with tax
filing this year in certain circumstances related to Milton. And,
again, that's very helpful for a lot of folks.
I want to thank you for the timely state of emergency
declaration. As I mentioned early on, the National Hurricane Center
was quite concerned about this storm, and what we don't want to have
is a meteorological surprise with a last-minute turn, changes in
intensity, and all of a sudden we're not in a posture in terms of
evacuation that we want to be at. So thank you for that support.
We threw the dice a little bit seeing the storm potential in
impacting Port Manatee. This is a big, big issue. Port Manatee
continues to come back storm after storm to be a challenge for fuel.
And again, hats off to the State. When it's all said and done, we will
have gotten, at no charge, about 48,000 gallons of fuel from the state.
Most of that trucked in from Louisiana and Alabama.
The Governor has placed some money for mitigation strategies
at Port Manatee. Obviously, it will take some time to address that.
But, again, we really leaned forward on fuel ordering because our
vendor is what they call a non-rack fuel. It means that they don't get
allocations, and Port Manatee became quite congested, and deliveries
got backed up. But our hats off to the State. Not one time did we
run out of fuel in Collier County with the abundance of lift stations
and plants, and the continued operation that we had to have of those
plants on generator due to power fluctuations.
Our special-needs clients were well taken care. We reached out
to them. We had about 2,900 people in shelters.
Landfall on Siesta Key is a Category 3. Our thanks, again, to
the Growth Management division and that team for putting together
rapid damage assessment, and the automation that they have put in
that process was roughly $280 million worth of damage that they
October 22, 2024
Page 21
have reported and found in Collier County. That does not
necessarily include some of our other infrastructure things, other
things that are ongoing such as storm drain management,
maintenance, cleanout, et cetera.
I've never seen a storm event with this much tornadic activity.
Very unusual. And as you know, some catastrophic damage in
Central Florida. Again, we remind the public, pay attention to these
alerts. They're quite serious, and as we have said before, in this
unstable weather environment, tornadoes can fire up.
Seven hundred and thirteen thousand people through the Collier
County portal of Alert Collier and from the National Weather Service
messages that went through that portal were notified.
A carry-away here is that only 5 percent of the residents
acknowledged that on their phone. We really need you to
acknowledge, and then that second and third call or that second and
third text goes away.
Our 311 call center, John Mullins' team, Angela as well, 2,234
calls to help citizens with information, and those are 2,000 calls that
did not go into 911, and that's a real success story, so 911 can
concentrate on lifesaving emergencies.
Twenty-one press releases from the joint information center
team. Three hundred and thirty-one posts on social media garnering
2.5 million impressions. People look to social media for their source
of news and information, especially in a disaster. And we've really
gotten that team matured in their efforts to -- across the board with
different agencies to make sure that we're out there with one voice
and one message.
Spanish engagement was quite good, and 593,000 visits to the
county storm home page.
We always work to be self-sufficient in logistics. We only
made 21 requests of the State. Four of those were canceled because
October 22, 2024
Page 22
they were solved or addressed with other efforts. The fuel I have
already mentioned. And the partner missions. The agencies that
come together in our EOC, 56 agencies took 324 requests; 88 of
those were solved intergovernmental. In other words, I might have
needed some cones from Marshal that Marshal could have loaned to
the city and those kind of things. So working as one group,
eighty-eight mission concerns were solved. The bulk of those,
again, were commercial power.
Our lifelines, hats off to, again, Water and Sewer with all of
their power challenges and everything else. No wastewater spills
during the entire event. No pressure lost during the entire event.
Our Pollution Control team supported us with a fuel mission,
coordination with county fleet. And trust me, that was like
somewhere between an auction and a 911 dispatch in terms of where
fuel was going and to keep all these systems up and running.
Hospitals did really well. We had close contact with all the
hospitals. They remained for an extensive period, again, on backup
generator due to power fluctuations.
Our thanks to CCSO who took on additional security and traffic
missions for us as we struggled a little bit on stoplight traffic signal
power restoration with Florida Power & Light for a number of
reasons.
Sadly, in the transportation world, there were two fatalities in
Collier County. These residents lived outside the area but were
involved in a traffic crash here.
Our roadway flooding was well marked, well -- the public, we
kept them informed, thanks to Marshal and his team with Road and
Bridge. The extensive sand overwash, which is not unusual
depending on the angle of approach with a storm, as you all know,
was quite extensive and a lot of work going on to push and pile that
sand and manage that, and obviously, we went through some
October 22, 2024
Page 23
low -- low speed travel due to flooded roadways.
Ninety-one intersections had various contacts with generators,
and 10 signal techs from transportation working around the clock.
High-sustained gusts reported 60 miles -- I'm sorry. Highest
gusts, 60 miles an hour, sustained 32, and our maximum storm tide of
5 feet -- 5.8 feet in Naples Bay reported by the National Weather
Service.
Outages, again, those numbers certainly fluctuate, but roughly
85 percent of the service area by both Lee Co-op and Florida Power
& Light were impacted, and many of these teams were recalled from
Asheville as well, and certainly that became problematic with
impacts to the entire state.
A couple of noteworthy challenges, our sandbag program -- not
ours. Growth Management and the entire team that made sandbags
available, that was a huge demand.
Again, unstable power to some of our plants and lift stations was
problematic, as well as the fuel challenges and tornadic activity.
So those are some of the takeaways in our planning to make sure
that we find some contingencies for that.
We did not operate any commodity distribution or points of
distribution because retail opened so quickly. I'm surprised and
pleased to see the number of retail outlets here that had generators in
place. Publix has always had an on-site generator program. Sam's,
Costco, some of those other major outlets, Wawa, all of those had
generators in programs -- in place.
Our emerging Disaster Ready Collier County, our non-profit
group that is becoming an entity to work with all of our other
non-profits, continued to engage. You see in the picture here where
we were loading up some excess supplies that we had from the State,
and that was going to Captiva for flood cleanup. We have over 300
faith-based non-profit groups that we're communicating with now
October 22, 2024
Page 24
and leveraging those partnerships for various supply needs.
Debris, Kari's team over at Solid Waste have a program going
back to regular programming, if you will, for debris cleanup and,
again, bundle it, bag it, contain it. It may take her a day or two extra
to get these small limbs and things cleaned up, but that is part of the
regular collection process and at the collection site -- website there's
some more information, if needed.
For our residents, I can't stress these things enough. Make sure
that you register with FEMA. It does take time, but there are
resources. There are ways that they can escalate support to
individuals and families. They also have an app, or if you go online,
it might be a little faster to register than trying to get on the 800
number. 311 -- our county 311 is available to answer questions, as
well as 211, to put you in touch with other non-profits.
If FEMA calls you or sends you a letter, respond immediately.
We can't stress enough there will be inspectors in the area. You
want to keep them on task. You want to keep them on appointment
if they're coming to provide some assistance with you.
We have not yet received notification from the state Emergency
Management Office when we will open up a Disaster Recovery
Center. We are still discussing that with them, and certainly, the
constraints that are going on nationwide with FEMA resources.
They're here, they're coming, but it takes more to put a disaster
recovery center, and we will hear from them soon, and hopefully we
can get that center open fairly quickly.
A lot of rumors going on, and now FEMA has a website to help
dispel rumors. Again, I think the team is working very hard.
Thanks to my EM team, Amy Howard, our planner, who put a
lot of this information together. Many divisions have submitted
additional reports to me, and there's a lot of information from GMD
and from parks. Unfortunately, it was not enough time for me
October 22, 2024
Page 25
to -- or make this presentation much larger, but we have a lot of good
information, a lot of benchmarks from our other departments and
divisions but thought today you'd just like to have the highlights.
So I'm available to answer any questions or concerns that you
have. Again, my sincere thanks, and every time -- every storm is
different, we learn something, and we put it on that list and go to
work. So thank you.
CHAIRMAN HALL: All right. Thanks, Mr. Summers. I've
got one question.
I want to go back to the responding to the tornado notices that
you get on your phone. You said 5 percent of the public?
MR. SUMMERS: Acknowledged.
CHAIRMAN HALL: Acknowledged it.
MR. SUMMERS: So that doesn't mean they didn't receive it,
but there's a way to acknowledge so the system doesn't call you back.
I understand they get a little annoying, but again, this catastrophic
tornado damage that we saw in Central Florida, we want those people
to say, hey, not only did I get it, I acknowledged it, and that also
helps us feel a little bit better that that warning was communicated.
CHAIRMAN HALL: No, I think that's -- I think that's
important, because I don't think it's out of negligence. I think it's out
of ignorance that you don't need to respond, so I'd like to let the
public know that when you get those tornado warnings, to
acknowledge them so that you don't get the repeated ones, but also, I
want to warn you not to get lulled to sleep like the boy that cried wolf
with these tornado warnings. Warnings today come from radar
indications. Used to, back in the day, if there was a tornado
warning, there was a tornado spotted, there was an actual tornado.
Everything else was a watch when conditions were congruent. But
tornadoes can come on you in a heartbeat.
And watch the sky, watch the clouds, and just use good common
October 22, 2024
Page 26
sense, and don't get lulled to sleep in these warnings because they
come -- they come all the time. You're busy. You're doing things,
your phone goes off, and it is, it's annoying, and most of the times
they're negligent. They don't -- they don't apply because we don't
have a tornado, but the time that we do, you need to be prepared. So
thanks.
Commissioner LoCastro.
COMMISSIONER LoCASTRO: Thank you, Mr. Chairman.
I just -- I have a couple of observations, and then I do have a
couple questions.
I think a couple of things we do need to educate the public on,
because we learn from every storm, but every storm there are some
similar things that seem to not change. So the acknowledgment, like
you've already brought up, was one that I had written down.
And I don't know if it's something that, Amy, if we send out
something, you know, now that the storm -- even though there's still
cleanup and things going on, some sort of press release, or, you
know, county messaging, not only on acknowledgment, but a lot of
effort was put into the sand and sandbags. I mean, Trinity was
working crazy getting truckloads of sand, especially in my district
because I have a lot of low-lying areas. But we still have six weeks
left of hurricane season.
The majority of sandbags never got wet except for rain. You
know, they're a preventative. We didn't get eight feet of surge, so
the sandbags were fine. You know, people tend to just throw them
in the garbage, and then they're all screaming for new sand and new
sandbags.
We mentioned at one of the meetings here before the hurricane
hit, you know, put them on the side of your house. You know, if you
took the time to wait in line for 10 sandbags, you might need 10
more, but at least you already have 10, you know, sitting there. I
October 22, 2024
Page 27
mean, it's an incredible waste of money if people are just emptying
that sand, you know, out in their backyard or throwing it somewhere
else because that was -- you know, tons of sand and sandbags was
utilized.
And then also a little bit of swale education. You know, I can't
tell you the number of e-mails I sent out to folks that said, "I've got
water in my swale," and I said, "I know. That's why you have a
swale, because that water would be in your living room," and that's
what -- the swale's doing its job. And you said it perfectly, "Every
storm's different."
So there are some -- maybe some newer folks that have moved
here or even some that have been here a while. Some of the e-mails
I got were, "On the three previous storms, my swale drained a lot
faster. Now it's not. Mission failure. County needs to get out here
and fix my swale." And the reality is, there could be a whole bunch
of reasons for the swale not draining as quickly as a previous storm,
as you know, or it could be a blockage. You know, it could be
debris or whatnot, but it also just could be excessive rain, excessive
water. It's not the same as the previous storm. But I got a lot of
those notes, so I don't know -- you know, those were just three areas
of education.
Dan, a couple notes just about your EOC. You know, the
couple times that, you know, I've hopped in there a few times, it was
really impressive that even after the storm passed how robustly
manned it was and just how you had such a command as always. So
you have another hurricane under your belt, but just standing in the
shadows and watching things happen was extremely impressive
seeing, you know, nearly every cubicle filled. I mean, it makes it
easy for us that if we really want a point-to-point conversation with
the key person, you go to the AOC [sic], you know, or at least call it
and, yet, you had key people there, even some additional folks,
October 22, 2024
Page 28
without mentioning names, that hadn't been there before in previous
storms, so you must have done a good job squeezing some folks.
I did want to give an additional shout-out to the 311 operators.
I didn't know what the number of calls was going to be, but you
nailed it by saying, you know, 2,000-plus calls, those would normally
go to 911. And just, you know, popping in that room and just
speaking with them briefly, I mean, you know, they were keeping a
smiling face and getting some pretty crazy calls. So I know those
folks that worked in that room, you know, I know that -- our thanks
out to them.
A couple of questions here, and maybe, Amy, these are more for
you, but two things that popped up a couple of times. So we had
some lift stations that were on backup power, but then we had -- we
have quite a few that aren't. So that's -- you know, my one question
is, is that something that we are concerned about and in our
budgetary discussions we should be talking about lift station backup
power?
And then also, it was weird driving around the county. You
know, you'd be driving down Collier Boulevard, and some lights
would be out, and then you'd have a whole bunch of sheriffs out
there, which I'm sure that's not the best use of a sheriff if the light
was working. Obviously, the light not working, the sheriffs need to
be there. But, you know, when every light's out, you've got your
whole Sheriff Department playing traffic cop and not, you know,
doing some more robust things.
But I was a little confused that some lights were working, some
lights were out block by block, and then I think I traded notes with
Trinity, and she said, "Well, some of the key lights are on backup
power and some aren't." So that might be another data point that I
would assume we want to have as many lights, especially at the
major intersections. I mean, I was at a major intersection, and I had
October 22, 2024
Page 29
just missed a major accident. It might have actually been where one
of the fatalities was. It looked like it was something serious. The
sheriff was on scene, but EMS hadn't even gotten there.
And that was a pretty major intersection that you would think
would be on -- you know, if we have a handful of lights, or maybe
more, on backup power, it's like, wow, you know, that's not really an
intersection we can have -- afford to go down.
So, you know, it's not a discussion here to vote yay or nay, we're
going to move $10 million here, but those two data points, if we need
to move around some funds for backup power -- I realize every single
thing can't be on backup power, but it would seem like we've learned
some things from some storms of where a little bit more investment
could really save manpower, you know, save some inconveniences,
and in some cases maybe save some lives.
So I don't know your comment. I see Trinity walked here.
You know, I didn't want to make it a long discussion, but those were
two big takeaways that I had on the backup power.
MS. PATTERSON: I think the power -- the backup power for
the lights, as well as just the strange situation with the power in
general this storm has been -- that was something that was very
frustrating to everybody. So we've had discussions about getting
additional backup power for the storms.
Public Utilities has done a really good job ever since
hurricane -- actually, Hurricane Irma. When we had a lot of trouble
with backup power or not having enough, they have continuously
added backup generators, utilizing disaster money that comes in as
well as our own resources. So we'll continue to do that.
Trinity and I have already talked about that, too. There will be
disaster money that trickles down, you know, from the feds and the
State down to the counties, and this is a great use of those dollars.
So we'll look at where we want to strategically apply for grant dollars
October 22, 2024
Page 30
as well as prioritizing our internal funding to continue to get backup
power where it's needed.
The trouble with transportation, which I'm sure Trinity's shared
with all of you, is that you can't just roll a generator out there and
plug it in.
COMMISSIONER LoCASTRO: Right.
MS. PATTERSON: There's more things involved with that of
how the backup power attaches to those signals. So it's something
we're cognizant of, also getting some help from the State, which we
ultimately did from FDOT. So making sure that we're positioned for
that.
I don't think anybody expected what was going to happen with
the electric, and the explanations are interesting about why it was that
we kept having these problems. You would have electric one day
post storm, and then you didn't have it the next day, and FP&L really
struggled, you know, getting their arms around that as well.
So now we've learned something else. So we will be pursuing
dollars both in Public Utilities and Transportation to continue to
bolster up that backup power.
COMMISSIONER LoCASTRO: Thank you.
CHAIRMAN HALL: Commissioner Saunders.
COMMISSIONER SAUNDERS: Thank you.
I just want to -- I don't have any questions. I just want to thank
our staff for a job really well done. You know, as the storm was
approaching, I knew that we were in good hands with our Emergency
Management folks and all of the partners that we participate with.
So I just want to thank you for that. A really professional job as
always, and I can tell you that most of us feel very comfortable
knowing that we're in good hands when storms are approaching.
I also want to thank the Sheriff's Department, because they were
out manning the intersections very, very quickly. I noticed on the
October 22, 2024
Page 31
first day or so people were very consistent and stopping at the
four-way stops, but after a couple of days, people started running
those lights -- those areas just like they had a green light. And so
there may need to be some more public education on how to handle
four-way stops when there's a storm. But the Sheriff's Department
and our staff did an incredible job.
But I also want to -- and I think, Dan, if you could maybe even
spend a couple minutes talking about this, I know you mentioned
this, but one of the things that we always do is help our neighboring
counties, and I know that our folks at Community Development sent
a team up to Lee County to help them with their inspections, and I
think the public needs to know maybe a little bit more about what we
do to help our neighbors.
We do that, obviously, because it's the right thing to do, but also,
when we are in need, we can count on our neighbors to come down
and help us. So maybe if you wouldn't mind spending a minute or
two just letting the public know what we did to help folks up in Lee
County and also in points north of here, because I know we sent
teams up to -- up north for some of the other events.
MR. SUMMERS: Sir, thank you. And it is one of those things
that all of us in public safety really enjoy doing. It's an opportunity
to provide that assistance, and it's also a tremendous learning
environment when you get into major incident response.
So the Emergency Management community has a massive what
we call mutual-aid agreement. We actually have a business process.
And so let's take, for example, where we sent ambulance -- EMS
personnel a strike team with North Collier, Fire, Collier County
EMS, other fire organizations. Our mass-casualty ambulance bus
goes together as a team under a mission or a work order where the
community or the State has requested that resource. And there
is -- there's all of the paperwork behind it, but we are reimbursed for
October 22, 2024
Page 32
it, and we do travel up there under a mission request.
All of my Emergency Management colleagues in the southeast
region -- Southwest Florida region, rather, we're very close. We
break bread together all the time. If we need to respond to help one
another, basically we have a standing order that if the Glades County
EM shop or Hendry County EM shop needs some relief, we'll check
in with the boss. We'll go in and go up there and relieve those folks.
But we also have a robust network, and that's all the way through
county partnerships, partnerships with different state agencies, and
even being on a FEMA recall list for mutual aid.
So it's a well-oiled machine. Nobody has to be embarrassed
about requesting that assistance because they want accountability in
what goes up and what comes back. So it's -- number one, it's an
honor to serve. Number two, it's never an issue that if we have
excess or the availability, we put it out there, or next-door neighbor
will say, "Hey, I need some building inspector guys for a couple of
days." If we can break that loose, we will. We need -- to help
relocate a hospital as we deployed during Hurricane Michael, we
went all the way to Mexico Beach. We moved patients from Mexico
Beach all the way to -- almost to Dothan, Alabama. So we moved
patients so that hospital could close -- so Fort Walton, and we moved
them to Fort Walton as well. So it does work well. We're happy to
provide that service. It's very much a team effort. And again,
federal, state, and local work -- mutual-aid resources very well
together.
COMMISSIONER SAUNDERS: Well, again, thank you for a
job really well done --
MR. SUMMERS: Thank you.
COMMISSIONER SAUNDERS: -- and hopefully we won't
have any more hurricanes this season. But I know we're going to
have them, and so it's nice to know that we've got a good team in
October 22, 2024
Page 33
place.
MR. SUMMERS: We move on to the next hazard, and we'll try
to pay the bills for this one, too.
CHAIRMAN HALL: Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes, yes. I'd like to echo my
thanks as well.
MR. SUMMERS: Thank you.
COMMISSIONER McDANIEL: I mean, a yeoman's job for
everybody --
MR. SUMMERS: Absolutely.
COMMISSIONER McDANIEL: -- that's in this room, and
those that aren't in this room. It's -- it's an honor to be serving with
you folks. To see the prioritization that comes into place, the
selflessness that's put out by our county staff is, it's an honor to me,
and I just want to say thank you.
I would -- you know, I think from a public service
message -- and my takeaway on the traffic light signalization, we
need to start the messaging sooner just to educate the populous as it's
coming. I heard Commissioner Hall on the radio I think the day
after the storm and -- to remind people to treat a dark intersection as a
four-way stop. A lot of people didn't. I think we need to carry that
message forward as the storm is approaching.
Number two, remind people to stay home. You know, this
storm was a little unique. We didn't have the after-effect of the
storm after it, in fact, made landfall. We didn't have the debris on
the roads, and people were right out looking to see what was, in fact,
going on.
So give it a day after the storm goes. Give the system an
opportunity to catch up. And then from a messaging standpoint,
remind folks to throw out the anchor when you're coming to a dark
intersection just to -- just to help with the safety aspect of things.
October 22, 2024
Page 34
I have a public service announcement for my colleagues here.
If Trinity Scott sends you on a message -- or a mission to do storm
damage assessment, refuse. I was gone for two days in Eastern
Collier County riding those roads out there looking for trees and --
COMMISSIONER LoCASTRO: Wild goose chase?
COMMISSIONER McDANIEL: Yeah. Well, it wasn't a wild
goose chase. We did -- we did determine some things where trees
were leaning and power was out and water was over the road from
the -- from the swales. But just for your information, if she contacts
you, tell her you're busy. So thank you.
MR. SUMMERS: Thank you, sir.
CHAIRMAN HALL: Commissioner Kowal.
COMMISSIONER KOWAL: Thank you, Chairman.
I'd like to also take the time to echo what my colleagues have
said up here, Dan, and the fantastic job you guys did at the EOC.
All the organizations participated. I was extremely impressed. It
was my first opportunity to come. And you tried to make your
briefings in the morning, you know, to see where we were at and
where we were going and then the prep, and then also the after-action
was very impressive, along with our Public Safety, you know, our
EMS, fire, and sheriffs, of course. Everybody gets stressed in these
situations, and everybody handled it very professional and did their
task at hand.
The one thing -- I don't know if we really want to get in the
weeds on it, but I know I tried to put out -- when we found out the
excuses coming from the power companies of what and why this
phenomenon was happening -- because that was the majority of the
things I was getting asked about, you know, days after the storm.
And even myself, you know, I went through it myself. I had power
for eight hours, and then I had power for no -- 12 hours, then I'm
back six hours, and then 10 hours. It was just like a back and forth.
October 22, 2024
Page 35
I'd wake up and didn't know if I was going to have power for the day.
But, you know -- and I tried to put out what I thought was the
official, like, explanation. I don't know if it's something you want to
put out now on record, what -- they were talking about saltwater
versus the fresh rain.
MR. SUMMERS: Well, we do generally know that saltwater
infiltration on the system -- and we saw a lot of mist. You saw a lot
of sand. You saw a lot of things. As we all know, saltwater and
electrified aluminum and copper don't mix well together. And so we
have heard the discussion, and Florida Power & Light and Lee Co-op
do have some ways to basically rinse circuit breakers on the poles
and those type of things. So we know some of that's going on. We
also know that in many cases, a phase can drop, and a phase might be
still from a leaning tree on a power line that has not been caught yet
or that phase could be dropping in and out.
So there are a lot of those things that are all mission strategies
that hopefully we get a little more information from Florida Power &
Light.
Remember, too, that, you know, we've had significant recent
years' damage to systems, and FP&L -- I don't think there's any utility
that can go and do a complete replace or rework in the coastal
environment. So I think we're seeing a domino effect of maybe old
damages are being exacerbated by additional saltwater and storm
surge. I think we're seeing online -- ongoing mitigation concerns for
our above-ground. And, again, what we have seen with these
fluctuations in balancing the grid is also an indication of some
damage that they had at the substations.
And, honestly, we're even lucky to get power poles and
transformers and those kind of things right now based on what's
happened with the hurricane history in the Southeast just this year
alone.
October 22, 2024
Page 36
So I'm not giving credit, and I'm not giving blame. I think there
is a situation here where some additional analysis -- we need to hear
more from FP&L and Lee Co-op.
And again, these fluctuations have been damaging equipment.
These surges, we know, have caused some challenges at medical
facilities just in the last week. It was impacting pump controls as
well; hence, the reason to stay on generator power for so long. So
hopefully this is something we can after-action with Lee and -- Lee
Co-op and FP&L.
CHAIRMAN HALL: So I have a question to piggyback on
that.
MR. SUMMERS: Yes, sir.
CHAIRMAN HALL: I get e-mails from the public saying that
local government has failed miserably because it's our job to protect
health, safety, and welfare of the people and the quality of life
regarding the power grid. So for the public's sake, what kind of
management does local government have? What kind of supervision
over FPL? What kind of authority, if any, do we have, or are we just
subject to them?
MR. SUMMERS: Well, sir, we have no regulatory authority
over the utilities.
CHAIRMAN HALL: Say that one more time.
MR. SUMMERS: We have no regulatory authority over the
utilities. Our state does. Primarily that's related to rate structure.
I'm sure there will be -- and the state has to approve any disaster
restoration funding as well from the utility.
So we are part of that free-market environment; however, I'm
going to tell you they cooperate with us very well. They're an
integral part of our EOC teams. They quickly acknowledge phone
calls and e-mails. Just this morning, 40 minutes before voting, we
had a library out, and we called the calvary, and the calvary showed
October 22, 2024
Page 37
up and got power back on eight minutes before voting started. So
we had those kind of things. And so I will say that they are
responsive and cooperative.
CHAIRMAN HALL: Great. Thank you.
Commissioner LoCastro.
COMMISSIONER LoCASTRO: I'm sorry. I just skipped
over something in my notes.
But to Commissioner McDaniel's point about prior to the
hurricane getting out the best information that we can, you know,
we're learning from every storm. One thing that was confusing in
my district was the shelter announcement. You know, you have
some citizens out there -- more than a couple -- that think every
school is an automatic shelter.
So I actually got bombarded with e-mails when the shelters were
announced saying, you know, basically -- I'll summarize them, but
this is what they were implying. You're the worst out of the five
commissioners because they were all smart enough to put shelters in
their districts. Why don't we have -- you know, we have two big
schools on Manatee Road. Why weren't they announced as shelters?
And my answer was, Manatee Road's an evacuation Zone A. So just
because it says -- there's a sign in the front of the building that says
"school," doesn't make it Fort Knox. It depends where it's sitting.
So we don't want you to be in a shelter, and you're waist deep in
water if we get 10 feet of surge. But when we announce the shelters,
maybe a little note on the bottom that explains why these are the
shelters, because there were people in my district that automatically
thought every school should have been a shelter. And so I was
getting notes, "Why are so few schools being announced as shelters
in District 1?" And it's because, well, because 60 percent of
District 1's under mandatory evacuation. You live in A and B.
And, "Oh, by the way, why are you sending me an e-mail from your
October 22, 2024
Page 38
home? You're supposed to be gone."
But, you know, I try to help educate folks a little bit more in my
newsletter and whatnot, but when -- you know, when we send out
announcements before these storms reminding people, you know, like
I was saying, not to ditch their sandbags, acknowledge the 311 calls,
this is why there's shelters, here's what you do at a four-way stop.
We did some of that, but the more we can do it in a robust
manner -- and then I know that all five of us then piggyback on
whatever the county sends out either in our individual e-mails or
newsletters or however, you know, we're talking to the public, and it
all sort of helps.
But the shelter thing was -- was a question in the first few hours
that they were announced in my district just because folks were
confused thinking automatically every school's a shelter.
MR. SUMMERS: You answered that very well. But
remember, I have a statutory charge to make this as low risk as
possible. So, again, well inland from the wind effects and, certainly,
we run from water. So we want you on high and dry. I
have -- that's where I have more resources, backup generators, those
type of things, and resources are readily available.
That list does fluctuate, and I have certain statutory things in
terms of wind speed and construction and things I ask the school
district. We're blessed. I get good support from the school district,
and they continue to build very robust buildings. But it's all about
location, location, location, and that's why we have those the way that
we do. And we also staff based on our risk analysis at the time, and
we were spot on with the number of buildings and personnel that we
had.
COMMISSIONER LoCASTRO: Yeah. And correct me if I'm
wrong, Dan, there could be a school that may appear robust to
citizens, and it's in an area that's not evacuated, but you just sort of
October 22, 2024
Page 39
answered the question. It actually might not have certain things --
MR. SUMMERS: Right.
COMMISSIONER LoCASTRO: -- that are required to make it
a safe shelter, because that was some of the other notes I got of
schools that weren't in evacuation areas. Why isn't it a shelter?
And I might have traded notes with you or somebody in the EOC,
and I got that exact answer. It was that that school is missing certain
things. We just don't unlock the door, and you really strategically
pick the locations --
MR. SUMMERS: Correct.
COMMISSIONER LoCASTRO: -- that you know you can
unlock the door and it's an instantaneous shelter.
MR. SUMMERS: With our partners at the school.
COMMISSIONER LoCASTRO: Yeah. Absolutely. Thank
you, sir.
MR. SUMMERS: Very good. Thank you all very much for
the time and the support.
CHAIRMAN HALL: Thank you.
Item #7
PUBLIC COMMENTS (ON GENERAL TOPICS NOT ON THE
CURRENT OR FUTURE AGENDA)
MS. PATTERSON: Commissioners, that brings us to Item 7,
public comments on general topics not on the current or future
agenda.
MR. MILLER: We have one registered speaker at this time,
Garrett FX Beyrent.
MR. BEYRENT: For the record, Garrett FX Beyrent.
I'm just here because Commissioner LoCastro started something
October 22, 2024
Page 40
a couple years back. It was a great idea. It was a shout-out to
people that did great things for -- I thought that was really cool. I
hadn't seen that in all the years I've been up here. And I thought,
that's pretty neat.
And what do you think happens? My car breaks down,
and -- because I can't hear out of -- I have howitzer hearing. It's a
military problem you have when you can't hear a specific noise,
which is everything in my car, because I drive an old car.
Anyhow, long and short, my battery went dead while I was
talking to some real estate people in a Starbucks, and then I went out
and I got my jumper cables. I thought, "I've got to find myself a
policeman."
And I was used to finding policemen that are community cops,
because those guys are always helping me. It's like a -- it's a scary
thing, because it just happened to be I walked up behind this
policeman, and I had my 12-foot-long, super long heavy-duty jumper
cables, and I had them open like that (indicating). I should have
never done that behind a policeman. And this policeman's name is
Stephen Smith.
I promised him I would come up here today and swear that
everything is true, and he did help me, and he educated me. And I
thought, you know, within about a day of that event, which was in a
Starbucks parking lot -- I don't like their coffee, but some people
drink that stuff. I almost get run over all the time in parking lots
more than anywhere.
But long and short, he says -- he says to me, you know, when
you're out in the road, people don't realize how fast cars go now,
electric cars, which I spent my last weekend in, in a Tesla, riding up
and down streets all over the place delivering pizza to poor people.
It was because the car was driving itself, and it was slowing down
when it got behind other cars, and it was going the speed limit.
October 22, 2024
Page 41
And long and short is, this is what I promised Stephen Smith. I
said, "You know what, people need to slow down in that particular
situation."
Right after the hurricane, I was at Wiggins Pass Road, and
somebody moved the stop sign into the median. They thought it was
blocking somebody. And, of course, crashes all over the place.
So as far as that goes, Stephen Smith -- and his name is
S-t-e-p-h-e-n, Smith. And Stephen's been a law enforcement guy
riding around in cars for 27 years. That's -- and he's still alive. It's
amazing.
Thank you very much. Thank you, Stephen Smith. I did
exactly what you told me to do. Bye.
MR. MILLER: That is the only speaker we have for that item.
MS. PATTERSON: Commissioners, we have about 15 minutes
to the court reporter break. If -- at your -- rather than start the
land-use, perhaps we can take a couple of the 10 items. We have
forestry here. That would be a good one to take, and maybe one
other, and then we can get a break and then start land-use.
CHAIRMAN HALL: Great. I'm all about it.
Item #10A
A PUBLIC HEARING HOSTED BY THE FLORIDA
DEPARTMENT OF AGRICULTURE AND CONSUMER
SERVICES, FLORIDA FOREST SERVICE, AND THE
MANAGEMENT PLAN ADVISORY GROUP FOR THE
OKALOACOOCHIE SLOUGH STATE FOREST ON THE DRAFT
10-YEAR LAND MANAGEMENT PLAN OF THE
OKALOACOOCHIE SLOUGH STATE FOREST - PRESENTED;
FOR FOLKS THAT WOULD LIKE TO WRITE-IN SEND MAIL
TO 10941 PALM BEACH BLVD., FT. MYERS, FL 33905
October 22, 2024
Page 42
MS. PATTERSON: All right. Item 10A is a recommendation
to promote a public hearing hosted by the Florida Department of
Agriculture and Consumer Services, Florida Forest Service, and the
Management Plan Advisory Group for the Okaloacoochee Slough
State Forest. I thought I was going to really mess that up.
COMMISSIONER McDANIEL: OK Slough. Just say OK
Slough.
MS. PATTERSON: Okay -- on the draft 10-year land
management plan of the OK Slough State Forest.
This item is brought to the agenda by Commissioner McDaniel.
COMMISSIONER McDANIEL: Good morning, sir.
MR. WESTON: Good morning. Mike Weston, forestry
resource administrator with the Florida Forest Service,
Caloosahatchee Forestry Center. And I appreciate the opportunity to
come speak in front of everyone today.
So the big news state-forest-wise is usually Picayune Strand
State Forest, and that restoration project is getting ready to close out,
and we're very excited about that.
There's about 5,000 acres of state forest land also in Collier that
you can't get to from -- because there's branches around it, but
Okaloacoochee Slough State Forest. Mostly in Hendry County, their
2,000-acre state forest. We've had it since 1999. And it's the
lesser-used forest. If you want more of a traditional forest, et cetera,
planted pine, lots of turkey, deer, nice places to ride your bike, et
cetera. But as part of this whole process, we do have a 10-year land
management plan that we open up for public comment and also asked
Commissioner McDaniel to attend the -- it's the -- excuse me -- the
Management Plan Advisory Group, so we have a selected number of
individuals, some conservation groups, private landowners that we
invite, and also soil and water district folks, et cetera. But at
October 22, 2024
Page 43
10:30 a.m. on November 19th, we'll have a public hearing at the
Hendry County Extension Office. So that's 1085 Pratt Boulevard in
LaBelle. And then at 1 p.m., the Management Plan Advisory Group
will meet.
One quick change for folks that are doing a -- writing in, the
address in here should be my office address at 10941 Palm Beach
Boulevard, Fort Myers, Florida, 33905, for written comments.
But with that, we're very fortunate to partner with Collier
County on all these activities along with other -- all our other
partners, and I'd be open to any comments or questions if there are
any.
COMMISSIONER McDANIEL: Thank you for coming this
morning. I really appreciate it. And I want to stress to the
community -- I mean, our state forest system is a godsend, if nothing
else. And these 10-year management plans are imperative for public
access, public use. These are -- these are lands that are bought with
your tax dollars, and it's imperative that we engage in these 10-year
management plans.
Now, I do have one suggestion. Start scheduling your 10-year
management plan meetings not in November. I have -- I have an
environmental wildlife survey that I'll be on myself in another part of
the country, and Jamie French has volunteered to come in and serve
in my place, necessarily, on that. And I'm making a joke, by the
way. It's a -- they asked me to be on the Picayune State Forest
10-year management plan and did the same thing, so...
But I will also offer my office as well. If anybody who utilizes
our state forest system has any suggestions or any -- any way that we
as a community can enter into the management plan -- because it
takes time. You have to have it in the plan in order for it to be
effectuated.
Anything that we can do as a community to enhance the public
October 22, 2024
Page 44
access to these state lands, please, let us know, and thank you for
coming this morning.
MR. WESTON: Great. Thank you.
CHAIRMAN HALL: 10A -- or 10B.
Item #10B
STAFF TO INITIATE THE PROCESS OF INSTALLING A SAFE
HAVEN BABY BOX AT A COUNTY-OWNED AND OPERATED
EMERGENCY MEDICAL SERVICES (EMS) STATION AND
APPROVE ANY NECESSARY BUDGET AMENDMENTS -
MOTION TO APPROVE BY COMMISSIONER HALL;
SECONDED BY COMMISSIONER MCDANIEL – APPROVED
MS. PATTERSON: 10B, yep. Next up we have Item 10B.
It's a recommendation to authorize staff to initiate the process of
installing a safe haven baby box at a county owned and operated
emergency medical services EMS station and approve any necessary
budget amendments. This item is brought to the agenda by
Commissioner Hall.
CHAIRMAN HALL: Right. Yes. I wanted to bring this up
because this is pretty much cutting edge as far as opportunities for
moms who want to yield their child up and they don't feel like they
can raise them, and it's a place -- a safe place that they can do it. It's
anonymous. The babies that are placed in these boxes will be
adopted with a closed adoption so the parents or the birth mom and
dad never know where they're going to go, but they feel good that
they've left them in a spot that's better than where they were.
So we have one registered speaker, very important registered
speaker.
COMMISSIONER McDANIEL: Oh, no.
October 22, 2024
Page 45
MR. MILLER: No. I have a video.
CHAIRMAN HALL: Well, we have a registered speaker with
the video.
MR. MILLER: Oh.
MS. HALL: We probably didn't --
MR. MILLER: Oh. She doesn't require a slip, sir.
COMMISSIONER LoCASTRO: You have three minutes.
MS. HALL: Good morning, Commissioners. Okay. I'll
hurry. Good morning, Commissioners. So I just want to say, first
of all, thank you for all your hard work. And if anyone knows how
hard you work, it's me, because I'm behind the scenes, and I know it's
a lot of effort.
But I just wanted to ask for your consideration this morning to
approve the first baby box installed into Collier County, which would
be at a fire station. We've been working with Chief Choate and Jeff
Klatzkow. It's been going on for a while now.
But, anyway, we have a little, bitty short video of a success story
of baby boxes, and just wanted to, again, ask for your consideration
to install the box. Thank you.
(A video was played as follows:)
Oh, God. Somebody put a baby in the box. It actually
worked. Somebody actually used it.
So I rode into the hospital with her. We get to the hospital, go
straight to the children's ED unit. I hand the baby off to the nurses
so they can do all the stuff they do at the hospital. And I pulled the
doctor aside, and I had asked him, like, when's the case worker going
to get here? Because I would like to adopt her.
Me and my wife have been trying to have children for the past
decade without any luck. We're certified to adopt children in the
state of Florida. We have our approved home study. All we need is
a child.
October 22, 2024
Page 46
It's been amazing every day. Me and my wife still look at each
other and just go, like, "I can't believe, you know, we have a child."
We try not to take a single moment for granted because we've
been waiting and praying so long for this to happen. You know, it's
not about my wife. It's not about our journey to have kids. You
know, it's not about me being a first responder. It's about, you know,
this beautiful little girl who was given a chance at life and that, you
know, she's been adopted, she's loved, and hopefully her birth mother
sees it and recognizes that, like, she did the right thing, that she
doesn't have to worry anymore. Her daughter's -- her daughter's
taken care of and is -- and is loved beyond words can even describe.
(The video concluded.)
COMMISSIONER McDANIEL: Nice.
CHAIRMAN HALL: That's awesome.
COMMISSIONER McDANIEL: All you need is one.
CHAIRMAN HALL: Yes. So that's just an example. That
baby box was in Ocala, and that was the first one that had been
implemented and been used at that location, so it inspired me.
And like I said, this is a cutting-edge thing. This is new in the
nation, and just the thoughts -- we're going to put this at Station 76 at
Vanderbilt Road and Logan. And our initial thoughts were we
should put this baby box in a location where it would be highly -- you
know, the odds would be more to where it would be used in a
location.
But instead, we chose this location because the thought was that
if a mom does drop her baby off in the box, she could -- she could
walk away knowing that she's left her baby in a better situation than
where she came from. So we've chosen Station 76 to put this baby
box in.
So I will make a motion to allow staff to get this in motion and
approve it.
October 22, 2024
Page 47
COMMISSIONER SAUNDERS: Second.
COMMISSIONER McDANIEL: I'll second. Yeah.
CHAIRMAN HALL: All in favor, say aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN HALL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER KOWAL: Aye.
CHAIRMAN HALL: Opposed?
(No response.)
COMMISSIONER McDANIEL: I have a question --
CHAIRMAN HALL: Yes, sir.
COMMISSIONER McDANIEL: -- now that we've approved
it. And there is privacy for the mother, if I'm not mistaken, with this.
So the -- there's anonymity, and it promotes life at the same time. So
there's no -- there's no repercussions for a mother or somebody that's
bringing a baby in.
CHAIRMAN HALL: That's a good thought and a good
question, because state statute says that mothers can drop their
children off now at an EMS station, a fire station, or a hospital, but
there's no anonymity.
COMMISSIONER McDANIEL: Right.
CHAIRMAN HALL: And this allows the mother full
anonymity and no shame, no harm, no foul, and it's a happy ending
for everyone. So that's -- that's why we wanted to do it.
COMMISSIONER McDANIEL: Well, thank you for bringing
it forward. I like it.
CHAIRMAN HALL: Thank you.
So why don't we go ahead and take a court reporter break, and
we'll come back at --
COMMISSIONER McDANIEL: Let's whip out 10C and be
October 22, 2024
Page 48
done.
CHAIRMAN HALL: Whip out 10C?
COMMISSIONER McDANIEL: Yeah, 10C will be a quick
one.
CHAIRMAN HALL: Gotcha.
COMMISSIONER McDANIEL: Mr. Chair, I don't mean to
overstep my bounds, but it's –
Item #10C
RESOLUTION 2024-209: A RESOLUTION IN SUPPORT OF
PROPOSED CONSTITUTIONAL AMENDMENT 2
CONCERNING THE RIGHT TO HUNT AND FISH IN FLORIDA -
MOTION TO APPROVE BY COMMISSIONER MCDANIEL;
SECONDED BY COMMISSIONER HALL – ADOPTED
CHAIRMAN HALL: No, no, no. I didn't even see 10C.
COMMISSIONER McDANIEL: I won't read 10C. I feel a
little embarrassed. I was having a conversation with Rep Mellow
with -- who is the driving force behind this constitutional
amendment, and then a couple of my friends shared that several other
counties had done resolutions. We've done a couple of resolutions in
support of and/or in opposition of some of the amendments that are
coming forward. And so -- but this has to do with Amendment 2,
and this codifies similarly to what I was talking about, the right of
Floridians to hunt and fish in our state, and it codifies it into the
Constitution.
And I -- I was delinquent because I was speaking with Lauren,
and she was like -- well, how come -- "How come your board hasn't
done a resolution?"
I'm like, "Well, usually somebody asks."
October 22, 2024
Page 49
And so the County Attorney was very assistful (phonetic) and
the County Manager in sending it out as a one-way. I apologize for
the delinquency. But with that, I'd like to make a motion for 10C as
written.
CHAIRMAN HALL: I'll second it.
Motion and second to approve this resolution to support hunting
and fishing forever in Florida. All in favor, say aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN HALL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER KOWAL: Aye.
CHAIRMAN HALL: Opposed?
(No response.)
CHAIRMAN HALL: Happy hunting.
COMMISSIONER McDANIEL: Now we can go to court
reporter --
MS. PATTERSON: Court reporter break?
CHAIRMAN HALL: Yes. Let's come back at 20 till; 10:40.
(A brief recess was had from 10:28 a.m. to 10:41 a.m.)
MS. PATTERSON: Chair, you have a live mic.
Item #5C
ARTIST OF THE MONTH - ARTE VIVA FOR THE MEXICAN
DAY OF THE DEAD
MS. PATTERSON: Before we start land use, I just need to
direct everybody's -- I missed the Artist of the Month. And direct
everybody's attention to the back of the room.
The October Artist of the Month is the Naples, Marco Island,
October 22, 2024
Page 50
Everglades Convention and Visitors Bureau with the display of
artistic contributions of the Hispanic community for Arte Viva, a
celebration of Hispanic arts and culture. Now in its third year, this
year-long celebration kicks off the first weekend of November with
events that celebrate the Mexican Day of the Dead. Community
activities will include music concerts, visual arts exhibitions,
dramatic performances, food festivals, public art installations, and
more.
Arte Viva has been a collaborative initiative of many arts and
culture organizations and hospitality partners from Florida's paradise
coast.
The festival has been recognized by Florida and international
festival and event associations with tributes and awards
acknowledging its innovation, uniqueness, and creative collaboration.
For more information about the events schedule, visit
www.arteviva.com.
Item #9A
ORDINANCE 2024-44: AN ORDINANCE OF THE BOARD OF
COUNTY COMMISSIONERS AMENDING THE COLLIER
COUNTY GROWTH MANAGEMENT PLAN TO CREATE THE
MATTSON AT VANDERBILT RESIDENTIAL SUBDISTRICT TO
ALLOW A MAXIMUM DENSITY OF 150 MULTIFAMILY
RENTAL UNITS WITH AFFORDABLE HOUSING. THE
SUBJECT PROPERTY IS LOCATED ON THE NORTH SIDE OF
VANDERBILT BEACH ROAD, APPROXIMATELY 825 FEET
FROM THE INTERSECTION OF VANDERBILT BEACH ROAD
AND LIVINGSTON ROAD, IN SECTION 31, TOWNSHIP 48
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 5.88± ACRES, PL20220001010. (THIS IS A
October 22, 2024
Page 51
COMPANION TO ITEM #9B) - MOTION TO APPROVE BY
COMMISSIONER HALL; SECONDED BY COMMISSIONER
MCDANIEL – ADOPTED (COMMISSIONER SAUNDERS
OPPOSED)
Item #9B
ORDINANCE 2024-45: AN ORDINANCE FOR THE PROPERTY
FROM A RURAL AGRICULTURAL (A) ZONING DISTRICT TO
A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD)
ZONING DISTRICT FOR THE PROJECT TO BE KNOWN AS
MATTSON AT VANDERBILT RPUD, TO ALLOW
CONSTRUCTION OF UP TO 150 MULTI-FAMILY RENTAL
UNITS WITH AFFORDABLE HOUSING ON PROPERTY
LOCATED ON THE NORTH SIDE OF VANDERBILT BEACH
ROAD, APPROXIMATELY 825 FEET FROM THE
INTERSECTION OF VANDERBILT BEACH ROAD AND
LIVINGSTON ROAD, IN SECTION 31, TOWNSHIP 48 SOUTH,
RANGE 26 EAST, CONSISTING OF 5.88± ACRES,
PL20220001011. (THIS IS A COMPANION TO ITEM #9A) -
MOTION TO APPROVE BY COMMISSIONER HALL;
SECONDED BY COMMISSIONER MCDANIEL – ADOPTED
(COMMISSIONER SAUNDERS OPPOSED)
MS. PATTERSON: And with that, we are now at our
advertised public hearings, Item 9. I will read both 9A and 9B into
the record at the same time. And these were continued from the
January 23rd, 2024, BCC meeting to the September 24th, BCC, and
further continued to the October 8th, and continued now to today.
First, 9A is a recommendation to approve an ordinance of the
Board of County Commissioners amending the Collier County
October 22, 2024
Page 52
Growth Management Plan to create the Mattson at Vanderbilt
residential subdistrict to allow a maximum density of 150
multifamily rental units with affordable housing.
The subject property is located on the north side of Vanderbilt
Beach Road approximately 825 feet from the intersection of
Vanderbilt Beach Road and Livingston Road in Section 31,
Township 48 South, Range 26 East, Collier County, Florida,
consisting of 5.88 plus/minus acres.
Its companion, Item 9B, also continued from all of those
previous meetings, this item requires commission members to
provide ex parte disclosure. It's a recommendation to approve an
ordinance for the property from a rural agricultural zoning district to
a residential Planned Unit Development zoning district for the project
to be known as Mattson at Vanderbilt RPUD to allow construction of
up to 150 multifamily rental units with affordable housing on
property located on the north side of Vanderbilt Beach Road
approximately 825 feet from the intersection of Vanderbilt Beach
Road and Livingston Road in Section 31, Township 48 South,
Range 26 East, consisting of 5.88 plus/minus acres.
With that, if all participants could stand and be sworn in by the
court reporter, and then we'll do ex parte.
THE COURT REPORTER: Do you swear or affirm the
testimony you will give will be the truth, the whole truth, and nothing
but the truth?
(The speakers were duly sworn and indicated in the affirmative.)
MS. PATTERSON: Very good.
Commissioners, ex parte.
CHAIRMAN HALL: Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes. I have -- I have ex
parte on both, A and B.
CHAIRMAN HALL: Commissioner McDaniel.
October 22, 2024
Page 53
COMMISSIONER LoCASTRO: I do, too, meetings and
e-mails.
CHAIRMAN HALL: Commissioner Kowal.
COMMISSIONER KOWAL: I also have meetings and
e-mails.
CHAIRMAN HALL: Commissioner Saunders.
COMMISSIONER SAUNDERS: Thank you. I also had
e-mails and meetings on both items.
CHAIRMAN HALL: And I had meetings, e-mails, and calls
on both items.
MS. PATTERSON: Commissioners, just for the members of
the public that intend to speak, they also need to stand and be sworn
in by the court reporter.
Sorry, Terri.
THE COURT REPORTER: Do you swear or affirm the
testimony you will give will be the truth, the whole truth, and nothing
but the truth?
(The speakers were duly sworn and indicated in the affirmative.)
CHAIRMAN HALL: All right. We'll begin with
Mr. Yovanovich.
MR. YOVANOVICH: Thank you.
Good morning. For the record, Rich Yovanovich on behalf of
the applicant. The applicant is a limited liability company that
acquired this property about two years ago, and David Stevens is the
applicant's representative. Andy Bollig with Roers Acquisition,
LLC, is the actual developer of the property and will go through the
details of what that proposed development is. I think this is Roers'
second or third project in Collier County.
I'm the land-use attorney on this project; Mr. Arnold is our
professional planner; Mike Delate is our engineer; Jim Banks is
participating by Zoom. He's our transportation consultant; and
October 22, 2024
Page 54
Marco Espinar is our biologist on this project.
I'm going to do kind of an overview of the property, an overview
of the details of the proposal with regard to income-restricted units,
and then have Mr. Arnold kind of do a brief overview of the master
plan and then open it up to any questions.
The property is located on the north side of Vanderbilt Beach
Road just to the east of Livingston -- Livingston Road. It is almost
six acres in size. And as you can see from this aerial photograph, it's
the site of a former vet office and a former horse farm. To our right
is a senior housing facility, and to our left is also a senior housing
facility. Those two senior housing facilities, the one to the right,
Sandalwood, is 25 units per acre, and the one to the left is 14 units
per acre, and then the apartment complex down here is 15 units per
acre, and Village Walk is in this direction right here, also one of our
neighbors.
What we're proposing on this property is to have a multifamily
project, and within that multifamily project there will be a total of
150 multifamily units.
Under the existing Growth Management Plan, 59 units can be
achieved as market-rate units without any affordable housing density
bonus and without the need to do a Growth Management Plan
amendment to create this subdistrict.
What we're proposing to do is go to 150 units. We have to do a
Growth Management Plan amendment because on your Growth
Management Plan, you can't get above 16 units per acre with an
affordable housing density bonus in this particular area of Collier
County. You can get up on 25 units per acre with an affordable
housing density bonus in other areas of Collier County, but not in this
area. So the purpose of the Growth Management Plan amendment is
to allow us to attain the overall project density of 25 units per acre.
There were questions about -- so that's a 91-unit-per-acre bonus
October 22, 2024
Page 55
over what -- the 59 that occur today as market-rate units.
There was a question about the original proposal which had 30
units -- 30 percent of the units set aside as income-restricted units.
With your -- I'll call it the standard request of 50 percent of those
units to be at the 80-percent-and-below median income and
15 percent to be at the 100-percent-and-below median income. And
there was a question of was 30 percent of those units -- basically 45
units -- enough to justify a 150-unit per acre -- 150-unit project.
So I met with, obviously, the property owner and met with the
developer. And since the Planning Commission meeting, at which
we did receive a unanimous recommendation of approval -- and we
had your staff report, and we actually were on your summary agenda
for the original meeting, but we continued it because there were
questions about the income-restricted units.
We have gone back and modified the proposal to include
another 10 percent of the units at the 50-percent-and-below income
category, which I don't think any market-rate developer has brought
forward to date, and another 8 percent of those units at the
120-percent-and-below category. So the overall number -- or
percentage of income-restricted units in this particular project would
be 48 percent, well above the 30 percent that has become kind of the
standard. And that's recognizing that this is a higher-end, you know,
project for a density per acre versus other projects that have come
forward.
What that really means, though, is we're getting 91 additional
units by providing income-restricted units, and of those 91 units, 72
of those will be income restricted. So for the additional 19
market-rate units, 72 units will be income restricted, which means of
the income -- of the bonus units, 77 percent are actually income
restricted. And I think I wanted to make sure I went through that
math, because prior to that, it would have been roughly
October 22, 2024
Page 56
45 percent -- 45 of the 91 bonus units, which is slightly under
50 percent. So a significant increase in what we're proposing as part
of this proposed project.
What I also want to bring up early on is there are existing uses,
obviously, on the property that had traffic generated from those
existing uses. So this project will increase, in the p.m. peak hour,
the total trips by 63 p.m. peak-hour trips over what already existed on
the property based upon the prior use.
And I know there's concerns about traffic on Collier County -- in
Collier County, but these are people that are coming to Collier
County anyway to work in Collier County. They're already on the
roads. Any morning that you drive up to Fort Myers or any
afternoon when you're coming back from Fort Myers, you can see the
roughly 50,000 cars on the road each day coming to and from Collier
County, many of them to work in Collier County.
So our proposed project will result in a reduction in the trip
lengths by allowing people who are working in Collier County -- this
proposal has the standard focus initially on essential service
personnel, which includes firefighters, Sheriff's deputies, nurses,
EMTs, all the essential service personnel that are necessary for our
well-being in Collier County and for our quality of life in Collier
County.
Commissioner Kowal shared a story with me regarding the
Sheriff's Office and the Sheriff trying to recruit new deputies and
how difficult that is to recruit deputies for probably two primary
reasons. Housing is one of them, and two is, you know, pay scale.
We've got to do something to make sure we keep sheriff deputies
living in Collier County, teachers living in Collier County, and EMTs
living in Collier County, and this is -- this is a project that will assist
with that.
As Amy read into the record, there are two -- there are two
October 22, 2024
Page 57
petitions in front of you. One is the Growth Management Plan
amendment, and one is the PUD. They mirror each other as far as
the commitments to income-restricted housing.
There is -- this is an example of employment or your graphic of
employment within a 10-mile radius of this project. You can see
that this project will serve a significant portion of Collier County
with some of the major employers highlighted on this -- on this
exhibit. It is a good location for people to work throughout Collier
County. It's near schools. It's near fire stations. It's near hotels.
It's near hospitals. It's near EMS stations.
So with that, that's an overview of what we're requesting, how
we came up with the density request that we're asking. I'll have
Wayne take you through the proposed master plan, and then we'll be
available to answer any questions you may have regarding the
specifics of the project. Hopefully we've answered most of them
during our presentation.
MR. ARNOLD: Good morning. Thank you.
I'm Wayne Arnold, certified planner with Grady Minor &
Associates.
And what I'd like to do is talk a little bit about the master plan.
This is the version that would be adopted because it's in black and
white but let me go forward a couple and just show you the colorized
exhibit. It's a little bit easier to understand.
And so what we've proposed is essentially an H-shaped
building, and we think that does two things. One, it puts less
massing facing Vanderbilt Beach Road and the golf course. It
allows us to tuck our amenity package into the -- to the rear of the
building. It also allows for us to have not as much of a parking field
in front on Vanderbilt Beach Road but allows us to park along the
sides and the rear.
So our primary access point is on Vanderbilt Beach Road,
October 22, 2024
Page 58
essentially in the middle of the site. We do also have an
interconnection with the Sandalwood Village project to the east that
is also -- when we had that approved several years ago, it was
approved with an interconnection as well in that location. So we've
mirrored that. So we have an opportunity to connect to their access
easement and make that connection.
We, unfortunately, don't have any access opportunities directly
to the west across Bradford Square to get over to Livingston Road,
but we do have a good project in this particular case. You can see
the green spaces.
I know that -- one of the things Rich didn't mention, but we held
a formal neighborhood information meeting over a year ago, and we
had no attendees. We had our Planning Commission hearing that
was unanimously approved with no public comment. We heard
from some of the Village Walk residents, and we held an informal
informational meeting with them last week, I guess it was, to talk
about issues, and we showed them this presentation and answered
some of their questions, and I know that some of those residents are
here today.
But we heard a lot of the same things that Rich has mentioned,
traffic. We think, in this particular case, having such a centralized
location and the high number of affordable income-restricted units,
that this makes a lot of sense for many reasons. Really good access
to Livingston Road north/south through the community, east/west
across the county, and you saw the exhibit that Rich had on the
screen. Within 10 miles you have almost every major hotel that's in
the urban area outside of Marco Island corridor, many of the high
schools, our major hospital systems. So well served in terms of
employment opportunities for these folks to reside there and have
easy access to their place of employment.
We've agreed to some enhanced buffering along the Tiburon
October 22, 2024
Page 59
golf course. That was something that was similar to what
Sandalwood Village had proposed, so we picked up on their
buffering and extended that across our rear property boundary.
We've established development standards here of what we've
proposed is a four-story building, and that's pretty common for what
you're seeing with most of the apartment complexes that are being
built throughout Collier County.
Here's a conceptual rendering showing you sort of the entry
porte-cochère and just an image of the four-story nature of that
project.
Roers Development, who Rich mentioned, this is the third
project that we're working with them on in Collier County. A lot of
high-end finishes and details. These are just some examples of, you
know, the pool amenities, signage, style of buildings, et cetera, that
they propose to be at this location. So it's going to be a high-quality
project, the difference being 48 percent of our units are going to be
income restricted, which is, I think, unprecedented for any project
that we've brought before you.
As I mentioned, we had a unanimous recommendation of
support from the Planning Commission at the 30 percent of
affordable units, so we have an 81 percent increase since you've seen
that from the Planning Commission recommendation.
I think that's in a nutshell our presentation. Our team is here to
answer any questions that you might have. And with that, I'll be
happy to yield and take your questions.
CHAIRMAN HALL: Commissioner McDaniel.
COMMISSIONER McDANIEL: I think Wayne or Rich, either
one, can answer this. What is the underlying zoning today?
MR. ARNOLD: The underlying zoning is agriculture.
COMMISSIONER McDANIEL: It is ag?
MR. ARNOLD: So it supports the pet resort and the
October 22, 2024
Page 60
abandoned riding stables.
COMMISSIONER McDANIEL: Okay. What is the whole
period for the income-restricted units, all of them?
MR. ARNOLD: Income-restricted are for 30 years.
COMMISSIONER McDANIEL: It is a 30-year hold for those?
MR. ARNOLD: It is a 30-year commitment, yes, sir.
COMMISSIONER McDANIEL: And then last but not least,
even -- because you've -- I mean -- and it's good that -- I think it's
good that you have increased the amount of units that are, in fact,
affordable. Is there a deviation or a distinguishment between the
at-market units and those that are going to be held in an
income-restricted --
MR. YOVANOVICH: Every unit's the same.
COMMISSIONER McDANIEL: Okay.
MR. YOVANOVICH: As far as the fit, the finishes, every
unit's the same. There's no distinction within the quality.
COMMISSIONER McDANIEL: That's all the questions I had.
CHAIRMAN HALL: So just to make the math clear, you had
59 units by right?
MR. YOVANOVICH: Under your Growth Management Plan
we get 59 market-rate units.
(Simultaneous crosstalk.)
CHAIRMAN HALL: So what you're asking us for is 91
additional units, of which 72 of those --
MR. YOVANOVICH: Are income-restricted.
CHAIRMAN HALL: -- are income-restricted.
MR. YOVANOVICH: Yes, sir.
CHAIRMAN HALL: Making a total for the whole thing 48
percent --
MR. YOVANOVICH: Corrected.
CHAIRMAN HALL: -- of this project will be for the
October 22, 2024
Page 61
workforce.
MR. YOVANOVICH: Correct.
CHAIRMAN HALL: Okay. Thank you.
Commissioner LoCastro.
COMMISSIONER LoCASTRO: Yeah. I was just going to
say, I -- there's a bad rumor in this county -- it's been in the
media -- that we're possibly building too much affordable housing,
which I find -- you know, we get beat up because we've dropped the
ball and didn't build enough affordable housing, so, you know, we
got beat up for two years of that, and then I've, you know, read recent
articles or seen things on social media where folks are accusing us of
overbuilding, and then I find it an unbelievable statement because
when we cut a ribbon on these places, they immediately have 400
people on the waiting list, and all these people didn't come from
Daytona Beach, California, or Argentina. They were living in our
own community, but they couldn't afford to live where they were, so
they moved to this new place.
I like the increase in the numbers. I mean, I've met with you-all
before. I didn't have any really showstopper questions. And to me
it's only gotten better to address the need.
So, you know, I'm a supporter of this project, unless I hear
something from one of my peers that maybe I didn't think of. But I
think that some of the -- some of the stories out there that, you know,
we're just throwing affordable housing, you know, anywhere
arbitrarily, you know, we're rubber stamping, you know, construction
projects, there's not a construction project we don't like, and they all
get approved with -- you know, after 30 minutes of discussion isn't
true.
I really want to commend the county staff led by, you know,
Mike Bosi, Jamie French, Trinity, I mean, all the people that are
involved in the process well before it comes to us; our Planning
October 22, 2024
Page 62
Commission who vets these projects, you know, thoroughly.
They're not just arbitrarily approved. And this one has only gotten
better since I was first briefed on it, at least in the way of the numbers
and the enhanced buffering. And -- I mean, these are the kind of
things sometimes we aggressively negotiate for.
I like that it's already in the project. I mean, it's not in my
district, but I think, you know, we've all said before we feel like, you
know, the Collier County is all of our districts, and we all vote on it
regardless of districts.
So I'm a supporter of it unless I hear something that I just didn't
think of.
CHAIRMAN HALL: Commissioner Saunders.
COMMISSIONER SAUNDERS: I've got a couple questions
for Mr. Bosi. Is this the appropriate time to ask him questions?
CHAIRMAN HALL: Sure.
MR. YOVANOVICH: I'll yield, yes.
COMMISSIONER SAUNDERS: Mr. Bosi, I'm kind of curious
as to the -- I've seen some statistics, and I don't have them in front of
me -- the number of affordable housing units that we have approved
and the number that have actually been under construction over the
last several years. I'm just curious.
MR. BOSI: Mike Bosi, Planning and Zoning director.
In general, the number -- in the last three and a half years, this
Board of County Commissioners has approved, in terms of
income-restricted units, close to 4,000 individual units. I don't
believe -- if we were checking with Ms. Cook's group, the Site
Development Plan, development review, I don't believe -- probably
less than half of them have been submitted for building permits,
meaning that they're actually coming out of the ground yet. But this
commission, in the past three and a half years, has approved over
4,000 individual income-restricted units.
October 22, 2024
Page 63
But what I would say to Commissioner LoCastro's comments in
terms of an oversupply of affordable housing, I would love that we
would -- to be in that situation. We're not in that situation. We still
import 57,000 people a day to come work here.
So if 72 units can be allocated to those -- to those individuals
who will be living in closer proximity to where they -- to where they
work, it will be a net benefit to our transportation system.
We definitely are still in -- and Cormac Giblin, our Housing and
Economic Development director, can reiterate we have not satisfied
the affordable housing deficit within this county. We are continuing
to make strides, and we are encouraged by the gains that we're
making. But it's a -- it most certainly is an effort that we have to
continue to seek and make progress on.
COMMISSIONER SAUNDERS: Thank you.
CHAIRMAN HALL: Commissioner Kowal.
COMMISSIONER KOWAL: Thank you, Chairman.
I kind of have that chart here if you want to hear the numbers I
had. I don't know.
COMMISSIONER SAUNDERS: Yeah, I'd like it.
COMMISSIONER KOWAL: I think we have 1,882 that are
approved --
CHAIRMAN HALL: That's correct.
COMMISSIONER KOWAL: -- but not broken ground yet, and
we have 1,691 that have permitting but -- considered under
construction but not actually all of them have actually broken ground.
But they're in the process. So the total is 3,573 approved to date.
So -- and like what Mr. Bosi was saying, it's a far cry from what we
probably really need realistically.
I just wanted to -- I know there was some concern -- some of the
residents, I know -- I think we'll have some public speakers here
eventually, but I know there was something brought up -- to my
October 22, 2024
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attention about -- there was talk about a U-turn on Vanderbilt Beach
Road. And I notice now that when I looked at the blueprint here
that's up on the board, that -- it says you have the interconnection
with Sandalwood, which -- is that going to be actually complete into
that Sandalwood?
MR. YOVANOVICH: I don't know if we can force
Sandalwood to allow that interconnection to occur. We obviously
will work with them and try to make that happen, because that will
improve -- because we have a dedicated left.
COMMISSIONER KOWAL: They have a designated turn lane
already, eastbound.
MR. YOVANOVICH: Yeah. If not, then we'll have to either
U-turn there or go a little bit further to the east to do the U-turn, as
you're -- if you're coming back from the west direction.
COMMISSIONER KOWAL: But, I mean, that's a fix to the
problem if they --
MR. YOVANOVICH: We're obviously going to work hard to
make that happen. There's the opportunity to make it happen, but I
can't sit here today and say that's guaranteed.
COMMISSIONER KOWAL: Yeah. I mean, that was the only
thing I saw. I like the project overall. It was just -- if that can
happen, I think that will probably solve a lot of --
MR. YOVANOVICH: You know, I was -- if I can just kind of
piggyback on the approved versus the actually constructed, a lot of
those projects were approved when financing -- the interest rates
were significantly lower and the ability to actually come forward with
this project, because I was asked this question in another jurisdiction.
You know, you were here three years ago. Why is the project not
built yet? I said, well, there's been some changes. But this project
is financed and ready to go versus some others that, you know, we're
getting the zoning approval, but they don't yet have their financing in
October 22, 2024
Page 65
place, and that's an important factor. There are a lot of units, not
enough, but units built but not yet financed.
CHAIRMAN HALL: Yeah. I liked -- I did not support this
project at the 30 percent. I didn't think that there was enough public
benefit. But when you came back and you said that there were 48
percent of them, that was a game changer for me.
And I just want to address a couple of issues. I had the
privilege of meeting with some -- the folks at Village Walk to have a
discussion about it, and some of the comments -- some of the
concerns were the traffic that it was going to cause from people
coming to U-turn. And after I left that -- after I left that meeting, I
thought, well, people that are coming out -- or people that are coming
eastbound who need to do the U-turn at the light at Village Walk,
there's a light there, and they can only turn left and do the U-turn on
the green arrow, so that will not affect at all people coming out of
Village Walk when their light turns green.
The other -- the other comments and concerns that I've had since
that meeting is the people just want to be assured that the stormwater
that's going to cause -- that's going to be on this project is not going
to go across the street and flood or make anything worse for the
Village Walk residents, so I'd like to address that for just a second.
MR. YOVANOVICH: I'm going to -- I could tell you what the
law says, but I think you probably want to hear it from the engineer
who's going to tell you that the system will be designed to make sure
that we don't flood out people across the street.
CHAIRMAN HALL: Sure.
MR. DELATE: Good morning. For the record, Mike Delate,
engineer with Grady Minor.
The stormwater system will be entirely on site meeting Water
Management District rules and Collier County rules. Some of it is
underground, and some of it is above ground. The outfall discharge
October 22, 2024
Page 66
control structure will discharge to the east. Sandalwood Village has
a swale in front of the property. And then is there a bigger map?
MR. YOVANOVICH: It's not moving. I don't know why it's
not moving.
MR. MILLER: Hold on. Let me take a look.
MR. YOVANOVICH: Thanks, Troy.
You probably want that one.
MR. DELATE: I'll use the cursor here that -- ultimately, the
control structure, which will discharge from the site, drains along this
swale along Vanderbilt Beach Road, and then Collier County has an
outfall for these properties, Sandalwood, and for these existing
parcels right here. And there's a pipe that ties into the Vanderbilt
Beach Road drainage system, and then that water's conveyed out to
the I-75 discharge canal. So no water heads south from this area.
CHAIRMAN HALL: Okay. Great.
Commissioner McDaniel.
COMMISSIONER McDANIEL: Yeah. Just one quick
question.
You know, you brought up an interesting point, Rich. And it's
something for you, Mr. Bosi, I'd like you to take into consideration.
As we move towards maturity as we continue to build out, it
has -- since Commissioner Saunders and I have been on this board for
eight years, there's been multiple circumstances where
interconnectivity between properties wasn't provided for. And so I'd
like to see that going forward where there's language in the PUD or in
the rezone or of a cooperative effort to get to that particular point.
That's going to help enhance traffic mobility, flow, emergency
services. Even if it's a -- even if it's a gated access point. You
know, if the development that's to the west of this proposed project
allowed for an emergency access out -- out the north end of that
property to be able to get over to Livingston Road. I can understand
October 22, 2024
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them not really wanting an access point in and out across the back of
their property to get to Livingston, but I think -- I think we as a
community need to start to incentivize that interconnectivity between
two property owners. I don't want to put it into a forced
circumstance, especially after the fact, but going forward, that needs
to be an initiative that comes from our staff when a developer comes
forward that contiguous property owners have a capacity of
interconnectivity. So I'd like to see that going forward.
And also if -- because I would assume -- those two are over
there in a powwow. What are you doing? He just turned his back
to me. I was on a major sermon, and he turned his back to me.
MR. YOVANOVICH: I'm sorry?
COMMISSIONER McDANIEL: It's okay.
MR. YOVANOVICH: I was being schooled on something
else.
COMMISSIONER LoCASTRO: You guys know how this
works?
MR. YOVANOVICH: Yeah, I do.
COMMISSIONER McDANIEL: Do you need us to take
another break?
MR. YOVANOVICH: No, I -- go ahead. I'm sorry.
COMMISSIONER McDANIEL: No, no. I'm joking.
I would assume that you would be willing to pay for the
access --
MR. YOVANOVICH: Absolutely. And in response to you,
we have all gotten smarter as we've practiced our different disciplines
longer, and you see more and more PUDs coming through where
interconnection is actually addressed. Where it's broken down in the
past, and we're smarter now, is the person who says they will provide
the interconnection is in a position where they say, "I have to provide
it, but it doesn't say I can't make you pay a gazillion dollars for it."
October 22, 2024
Page 68
So we're having to get a little bit more sophisticated in how we write
that, because that's sometimes how it has broken down in the past
where the price for interconnection becomes --
COMMISSIONER McDANIEL: And I don't want to belabor
the point today. But, you know, you made -- you triggered a
thought. "Well, we can't force Sandalwood to give us that access."
MR. YOVANOVICH: Right.
COMMISSIONER McDANIEL: But we could put it in with a
cost-share agreement within the zoning --
MR. YOVANOVICH: Sure.
COMMISSIONER McDANIEL: -- approvals as we come
across, as we come through. So that's my point.
MR. YOVANOVICH: Yeah. That's where we need to get a
little bit better.
COMMISSIONER McDANIEL: And if the government can
help incentivize that, I wouldn't be opposed to that. You know, a
TIF, a tax reduction to help offset the exposure for the property
owner might be something that could be -- could be effectuated as
well as just to incentivize that interconnectivity across the board.
You know, I don't want to jump on developments.
MR. YOVANOVICH: Sure.
COMMISSIONER McDANIEL: But there was another one we
approved several months ago where the interconnect between the
school to get to the light, there wasn't ever -- there wasn't ever any
real codified agreement in place for that, so -- but I think we can help
along those lines.
MR. YOVANOVICH: Right.
COMMISSIONER McDANIEL: I'd like to see us do that.
CHAIRMAN HALL: Commissioner LoCastro.
COMMISSIONER LoCASTRO: Something just sparked a
question when they were talking about runoff. And maybe this is for
October 22, 2024
Page 69
Mr. Bosi. And you guys were showing the arrow of where there's a
swale now and then how it feeds off into another area, and, you
know -- I mean, the question's really for both of you, but I would
really value the county's opinion.
Does that area need to be beefed up or enhanced at all because
of this project? So it's great that that's all preexisting, but at times,
you know, we build projects that then require enhanced drainage, the
swale to be redone or -- you know, or all of the above. Is any of that
an issue, or what's preexisting now will meet the needs of whatever
runoff this project would, you know, bring about? And then,
obviously, if we have public comment, you know, before we vote, I
want to hear from the public of something that, you know, I or we all
might be missing. But can somebody talk to me about runoff and if
what currently exists is sufficient.
MR. DELATE: Yes. Again, it's Mike Delate from Grady
Minor.
So the current conditions, there's no stormwater management
system for those properties, the two properties, so the runoff is
rather -- it's not controlled, so it's quite a bit. Under the new
requirements for the property, when it's constructed now, the
apartment complex, it will have a control structure which limits the
discharge rate to a much lower rate. So in a post condition, the
discharge rate will be much lower than in the existing condition.
COMMISSIONER LoCASTRO: I gotcha. Yep, okay. That's
what I wanted to hear.
CHAIRMAN HALL: We've got some public comment?
MR. MILLER: Yes, sir. Mr. Chairman, we have nine
registered speakers, eight here in the room and one online.
Joel Thomason is your first speaker, and he will be followed
by -- oh, geez, handwriting -- Charles, is this Melchner?
MR. MELCHNER: That's it.
October 22, 2024
Page 70
MR. MILLER: You'll be second, sir.
MR. MELCHNER: Thank you.
MR. MILLER: Mr. Thomason.
MR. THOMASON: Good morning, commissioners. I am
here -- I'm Joel Thomason. I live in Collier County in District 2.
So I am here to highlight things that I find to be troubling with
this -- these two agenda items. And I'm a big supporter of workforce
housing. And I think you have already done some things that are
good. You effectively renamed "low-income housing" to
"workforce housing." You made it be a positive where productive
people have an ability to live closer to where they work. And you've
also thoughtfully approved -- and I've heard a couple different
numbers now, but I had about 3,500 apartment dwellings such as
these over the past time period.
With that said, I think, you know -- and some of these points
have been -- already been cited, so they'll sound like a repeat, I guess.
But the agenda item today amending the Growth Management Plan to
allow a 150-apartment building, it's not admirable, and it's not
valuable like the projects I think that you've already approved.
Because I've -- I hear lots of the meetings, and I hear you be very
thoughtful about the things that you consider.
And why I think this is a wrong-minded project, first of all,
when you have to amend a Growth Management Plan to make it
work -- you know, the existing number of units in this specific area is
10. If you had the workforce housing, it's 16. They want 25 and a
half.
And one thing I haven't heard today is they also want to reduce
the green space from 60 percent to 40 percent. So you're sort of
just -- you're paving over the area. And I do think it does affect the
neighborhood.
And they cited a couple of places that are, you know, right next
October 22, 2024
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to where this would be. But if you look at the two largest residential
areas, the number of units allowed per acre at the Vineyards is four,
and the number allowed at Pelican Marsh is two. So you're going to
an extreme to allow 25 and a half units.
And I applaud that they increased the workforce housing. I
think, again, the idea is a good thing, but it does nothing to affect the
density, and it doesn't do anything to affect the loss of open space.
So I think that's not a good thing.
You know, this agenda item did come up in January, and at the
time staff did not support it. They didn't like the density. They
didn't like the loss of open space and -- I mean, the words that I read,
the staff reported it based on low-density character of the surrounding
neighborhoods. There's not a -- because of that, there's not adequate
justification for 25 and a half units.
So they did propose that the density be decreased to 16.
CHAIRMAN HALL: Thank you, Mr. Thomason.
MR. THOMASON: So if you fast forward to today, because
the developer has increased the number of workforce --
CHAIRMAN HALL: Thank you, sir. Your three minutes is
up. Thank you, Joel. I appreciate you.
MR. THOMASON: I'm sorry?
CHAIRMAN HALL: Your three minutes is up. Thank you.
MR. MILLER: Your next speaker is Charles Melchner. He'll
be followed by Robert Brown.
MR. MELCHNER: Good morning, Commissioners, and thank
you, and I love Collier County. You guys do a great job.
However, you're trying to put a project in where it doesn't
belong. It's a great project. We need workforce housing, but it
doesn't belong in this location. As somebody that lives in Village
Walk, I am very concerned about the amount of water that's coming
off Vanderbilt Road [sic]. When our community was built, we
October 22, 2024
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were -- we were told that we had to have the drainage for Vanderbilt
Beach Road come into our lakes. Our lakes are completely and
totally swollen, and we worry about our homes getting flooded.
This is the first I've heard about this project where there's a
sluiceway going down the north side of Vanderbilt Beach Road going
out to the I-75 drainage pond. I'd like to see that someplace on the
diagram, because if they could do it, I'd love for our community to be
able to do it, because some of our houses at this point and some of
our oak trees are somewhat submerged at this particular moment
without having a major rainstorm this last two storms.
We also have -- I personally have a major problem with the
Bureau of Emergency Management Services, if there is such a thing
in Collier County, because between X amount of time in the morning,
7 o'clock in the morning to 10 o'clock in the morning, you can't drive
through three traffic lights. It's traffic light, traffic light backed up.
So I brought that up at the last meeting, and you folks were great
and, Commissioner Hall, you were great coming to talk about it.
And they said, "Well, you've got to call 911 and get somebody
coming in."
911's going to have the same problem. You can't get by traffic.
There's no access road. There's no emergency access road. There's
no helipad or anything to bring somebody in.
Our communities are getting older. God bless all of us
octogenarians, whatever that proper word is. We need emergency
services to come in more often than a younger community, and it's
very, very difficult.
Then we have the access with turning off roads and coming in.
There are just so many problems with quality of life here that I
believe this community is not in the right spot for, and I believe if we
let this community go through, somebody's going to have an
accident, and this litigious community -- or this litigious era in the
October 22, 2024
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United States of America, Collier County is opening themselves up to
a major lawsuit, because we're allowing a project that has no right to
be there. It's a great project in the wrong location.
Thank you very much, and thank you for doing a good job.
MR. MILLER: Your next speaker is Robert Brown, and he will
be followed by Bernard J. Flaherty.
MR. BROWN: Good morning, commissioners. My name is
Robert Brown. I live at Village Walk. I'm a homesteaded resident
there. As many of you know, I'm a retired police officer as well as a
retired attorney.
I come here basically opposing the project but from a different
slant. Commissioner Hall, when you came graciously to our
complex, you heard some of the residents complain, "Well, it's going
to pass because the commissioners get influenced by the developers."
So with that said, I took a different tact. I grabbed a bunch of
my retired police officers that we belong to. I believe four out of
five of you have come to our meeting of the Collier County 1013.
And I said, "Gentlemen, I need to look at the assumption that the
developers have great influence on the commissioners. You know,
let's prove it wrong." However, we found something different. We
did the tact of following the money. We looked at what -- the
commissioners. We looked at the developers. We looked at all the
players involved.
And at the end of the day, what I saw, it disturbed me, but I
didn't want to go to the press. I didn't want to go to TV. I decided
the simplest thing to do is to see if there's an appearance of conflict,
or can these commissioners vote on it? So I brought it before the
U.S. Attorney's Office in Tampa, and I also brought it before the
state's attorney up in Fort Myers. Now, that was before the
hurricane hit. And I have been in contact with them.
And the request I have is not to jeopardize yourself by voting on
October 22, 2024
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something where you may be compromised or conflicted. I'm
asking you to take the time. Table this. Let them look it over. The
assertions that were made, if they're true, would resolve it, and you
would not be able to vote on it. But if it's not, at least you know
where you can proceed and not proceed.
I know many of you. I have coffee with you. I like you.
Unfortunately, LoCastro, I haven't seen you at our meeting, but you
are invited to come one day if you decide. I know Marco Island is a
trip, but come on up; you can come.
But what I'm asking you gentlemen to do is please, based on the
information that has been provided by top law enforcement officers
that are retired, cream of the crop, I'm asking you now, let them look
it over. Take the time.
As Commissioner Kowal said, there's 3,000 projects [sic] out
there. Nobody broke ground yet. You don't need to vote on this
today. Put it on hold. Let's see what the U.S. attorney and state's
attorney say on this matter. I appreciate your time. Thank you very
much.
MR. MILLER: Your next speaker is Bernard J. Flaherty, and
he will be followed by Nora Marks.
CHAIRMAN HALL: Hang on. I want to make a comment
first, Bob. Number 1, No. 2, No. 3, No. 4, No. 5, I've never said this
will pass because commissioners are influenced by developers. I
never said that. I know that I'm not. I've never taken it -- I don't
even know who the developer is on this project. I don't care if a U.S.
attorney, a federal attorney, a local attorney, or whatever attorney has
whatever they want to think. That's their opinion. I know me. I
know my integrity, and I know what I've done and what I haven't
done. So I just want that to be public record for the news. Thank
you.
MR. MILLER: Bernard J. Flaherty is your next speaker.
October 22, 2024
Page 75
CHAIRMAN HALL: No, sir.
MR. BROWN: No comment?
CHAIRMAN HALL: No comment.
MR. BROWN: No comment.
MR. MILLER: Mr. Flaherty.
MR. BROWN: I still like you, Chris.
CHAIRMAN HALL: Oh, I know.
MR. BROWN: Thank you.
MR. FLAHERTY: My name is Bernard Flaherty. Thank you
for the opportunity to speak to you, Commissioners.
I rise in opposition to the Mattson Vanderbilt project for reasons
that have already been covered. So I won't bogart a lot of your time,
but I'm very, very concerned from a safety perspective with the
traffic flow and the density. I know it's allowed if this -- if you
approve this variation, but I respectfully request that you give serious
thought to not approving the variations as proposed in 9A and B.
Also, I think it's very important, and I know you're aware of it,
as has been pointed out by Mr. Brown, make sure that there are no
conflicts. And I have great confidence in the Collier County
Commissioners to do the right thing, but I'm -- as a resident of this
district, I'm very, very concerned with it.
Thank you for the opportunity to speak to you.
MR. MILLER: Your next speaker is Nora Marks, and she will
be followed by Diane Green-Kell.
MS. MARKS: Hi. I'm Nora Marks, and I live in Village
Walk.
MR. MILLER: Can you pull that mic down just a little closer?
Thank you.
MS. MARKS: Sure. Is that better?
MR. MILLER: Yes.
MS. MARKS: Okay. I'm also very, very concerned with the
October 22, 2024
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traffic. I'm not going to take much time, because I don't have all the
numbers and all the specifics. But I have personal problems with
this.
The entrance -- one of the traffic problems is the entrance to the
Bermuda Island is -- already causes tons of problems with people
starting to turn in there. We've had fatal accidents there.
I think with people coming out from this new development
trying to cross over to get onto Livingston, it's going to be horrible,
and there are going to be more accidents.
I don't know -- I also feel that affordable housing, workplace
housing is very important. I think it's the wrong place to put it also.
And that's about where I feel about it. It's all about the traffic.
But I -- could I cede the rest of my time?
CHAIRMAN HALL: No, ma'am.
MR. MILLER: We don't normally do that, no.
MS. MARKS: Okay. Thank you.
MR. MILLER: Your next speaker is Diane Green Hall [sic],
and she'll be followed by Kathleen Adams.
MS. GREEN-KELLY: Good morning. My name actually is
Diane Green-Kelly.
MR. MILLER: I'm sorry.
MS. GREEN-KELLY: That's okay. And I'm a resident and
former president of the Village Walk homeowners' association.
I'm here to comment about this Item No. 9. I'm asking that you
oppose the request to approve an ordinance to amend the Collier
County Growth Management Plan to allow deviations for the
Mattson on Vanderbilt development. Village Walk is a stone's
throw from that proposed development. And I e-mailed a letter to
each of you on September 29th spelling out at the issues, but today
I'll focus on one, and that is density.
What do they want? They want approval to preserve only
October 22, 2024
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40 percent usable open space rather than 60 percent. Without your
approval today, Mattson is limited to 94 apartments provided it has
the affordable housing element, but the developer's asking for 150
units, which is -- which is a 50 percent increase to make it
economically feasible.
The developer's justification is to add units that are set aside for
affordable housing for essential service personnel such as police and
firefighters and teachers, but there are other projects, as we've heard.
More important, this is a postage stamp plot of land. The
increased density being requested is inconsistent with the
communities surrounding it, and the traffic congestion turns -- creates
serious safety hazards. As Nora said, we've had deaths, including
residents of Village Walk.
And I heard today how, yeah, there's traffic coming in anyway,
but that's not the traffic I'm talking about. Residents wanting to
drive east on Vanderbilt Beach from Mattson must immediately cross
past two lanes of busy traffic to get to the left turn opening in the
median strip. U-turns are not allowed at the traffic light at
Livingston, and allowing them still requires residents to quickly cross
two lanes of traffic. Traveling west to the next light will simply
block up that light.
Let me be clear, I believe that someone who purchases land
should be able to make the best, most profitable use of it; however, I
do object to special treatment and deviations to increase their profit
that infringe on the reasonable expectations, the quality of life, and
safety of thousands of residents already living here, including me.
Thank you.
MR. MILLER: Your next speaker is Kathleen Adams. She
will be followed on Zoom by Diana Cooper.
MS. ADAMS: I'm Kathleen Adams, and I'm from Village
Walk of Naples, and obviously, I'm not for the project.
October 22, 2024
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I've lived in Village Walk for 29 years. From Oakes Boulevard
to the gulf, there's one area vacant. That's the 5.8 acres currently
zoned for 10 units. Now we're going to have the Mattson project, if
you're foolish enough to approve it, and for that space, they want
150 acres [sic], and that changes it to 25.5 units.
From Oakes to Livingston Road, that will be the highest density
project. I know the number of acres and the number of units, the
density, on all of those communities in that stretch. Do you?
Would you like to know?
The planning and zoning commission recommended 16 units per
acre in January as well as a greater setback from the road.
Apparently those recommendations were ignored. They also had
recommended more of a setback, which is also being ignored. At a
meeting this month with the engineering company and the attorney,
we questioned the amount of green space. They indicated that the
pools and tennis courts, or pickleball courts, were part of that. How
can an impervious surface be considered as green space? Maybe
next it will be the parking.
Now let's talk traffic. One hundred fifty units parking, or one
and a half cars per unit. Most of those units, which are going to be
one- to three-bedroom, as I understand it, could have two to six
people per unit. Most of those people will have to be driving, of
course, to get to work. They're not all going to start at the same
time. They're not all going to be going in the same direction.
The traffic coming out of Village Walk -- and we're very lucky
because we have a traffic light that we fought long and hard for, and,
of course, Wilshire Lakes across from us gets to share in that. If you
leave before 9 a.m. in the morning, yes, if you're going west toward
the gulf, you can get out, at least one car can, if it's about 9 o'clock,
and then they could be hanging over into the eastbound lane.
Our community of 850 homes was built on 350 acres.
October 22, 2024
Page 79
Eighty-four acres of those are the lakes. And part of the agreement
with the county at that time was that we would accept the water from
Vanderbilt Beach Road, and as has been pointed out, our lakes are
very high.
MR. MILLER: Thirty more seconds.
MS. ADAMS: Oh, okay.
So 70 percent of those are occupied -- our 850 homes are
occupied by full-time residents. At least 70 percent of those are
full-time -- would necessarily be Florida voters. If you have 1.5
people per unit, that's 893 voters. Something to think about.
MR. MILLER: Your final registered speaker joins us on Zoom,
Diana Cooper.
Diana, you're being prompted to unmute yourself, if you'll do
that at this time. It looks like you're on a phone. I'm trying to
remember the unmute commands. It's either *9 or *6, if you'll try
that now.
I think I believe this is Diana Cooper on the phone listed here on
my Zoom. Diana, we're going to give you one more shot here. I
know you worked long to get you into the meeting here. Try
pushing *6 or *9 on your phone to unmute.
I don't think it's going to happen, sir.
CHAIRMAN HALL: It's good.
MR. MILLER: Thank you. And that's all our speakers.
CHAIRMAN HALL: Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes. I'm -- my question's
for Mr. Bosi, if you would, please.
We had some discussions some time ago on that higher-density
development down on 951, the Ekos project that's coming forward.
The parking requisites under our current LDC seem to be inadequate
for the new norm, if you will, the amount of people per unit. Have
we done anything to address that yet?
October 22, 2024
Page 80
MR. BOSI: No, we have not done anything to address. We
would need the rest of the Board of County Commissioners to agree
that we needed to analyze our multifamily parking requirements and
to initiate a public planning study.
I will say that if we do have that direction, staff will be
somewhat compromised. We are down three individual planners.
We have had a tremendously difficult time. We've had two openings
for over six months that we haven't been able to fill. We have a staff
that is -- has a lot of demands upon them without a lot of hands. But
we would need the Board of County Commissioners to direct the
staff to either engage with a transportation firm or do an in-house
study in terms of how we allocate our requirements for multifamily
parking and see if -- and propose modifications based upon the
analysis that's provided for.
COMMISSIONER McDANIEL: Okay. Let's bring that up
under -- not right now, but we'll have a discussion at the end of
today's meeting with regard to that. Plan on -- we'll see if we can get
that direction for you to move that forward.
MR. BOSI: Yes, sir.
COMMISSIONER McDANIEL: Number two, what are
the -- and I was reading in the backup the -- the land utilizations
under the current -- future land -- the FLUE, we call it, Future Land
Use Element map. What are -- what are -- what are other uses that
could -- certainly would require a Comp Plan amendment? It's an
agriculturally zoned piece of property. What are other uses that
potentially could come to this site?
MR. BOSI: Well, this is an urban residential designation by
our Future Land Use Map which normally would allow for a range of
densities for your residential development. But within that, you can
also have a mixed-use development that could be proposed. You
could have a commercial development or even a lighter industrial
October 22, 2024
Page 81
development. But a commercial or a light industrial development
would require a Growth Management Plan such as similar to what's
being proposed here today.
COMMISSIONER McDANIEL: Right.
MR. BOSI: So a wide range of uses are what is supported by
the urban residential designation.
COMMISSIONER McDANIEL: And that's what triggered the
question because I read in the -- I read in the backup about the
mixed-use district, and under the urban residential designation I know
it would require a Comp Plan amendment. But I'm just talking about
exposure for -- because we've heard -- you know, today we've heard a
lot about "good project, wrong place." And so my rationale for that
question was what are we staring at at some future date if this were to
get denied today?
I mean, commercially, how many -- how many square feet of
commercial could be attained on this site?
MR. BOSI: Well, the traditional, I mean, rule of thumb is
anywhere of about 15,000 square feet per acre. This being close to
six acres, you're talking close to 90-.
COMMISSIONER McDANIEL: Sixty, 80, 90, okay.
MR. BOSI: Ninety to 100,000.
From a land-use standpoint, from a professional planner
standpoint, we feel this is an appropriate location for this type of
density. You've got -- you've got 14 units -- 14 units an acre. That's
Bradford Square. That's to the west. To the east is Sandalwood,
which is 16 units per acre. The heights that's being proposed are
similar to the heights that are allowed. To the north is 50 feet, to the
west is 53 feet, to the east is 62 feet.
So it's right in the middle of what the allowed heights are.
You're on a six-lane divided highway. The amount of traffic that's
generated by this project compared to the overall volume is most
October 22, 2024
Page 82
certainly de minimis. We've had -- our Transportation staff looked
at it. There's capacity on the road segment.
When a Site Development Plan would come in, an operational
analysis would be provided by our Transportation Department, and
any improvements within those road segments required from that
operational analysis would be on the developer to be able to provide
for. We think that this project makes a lot of sense at this location.
One of the other things that we thought was most valuable was
the diagram that the applicant had put on related to the employment
centers within close proximity, within 10 miles radius. It is -- there's
a tremendous amount of employment opportunity, so we think that
relationship between the affordable housing and the employment
opportunities is a significant benefit for this individual project.
And I would like to make a comment about some of the
statements that were made by the testimony of the public regarding
the staff report. This originally went to the Planning Commission.
It had 22.6 units -- or 22.6 percent affordable housing. That was an
older standard that we had provided for that this -- this project started
with. In our staff report, we weren't supporting that at 22.6. We
said, at 22.6 we could support 16 units per acre. If you were going
to provide for 30 percent affordable housing, we think that the public
benefit would be significant enough where staff would support it.
This now being 48 percent, staff most certainly does support this as
it's being proposed.
Just wanted to provide a little bit of clarity. The staff report
that went to the Planning Commission was a recommendation of
denial because the level of affordable housing was 22.6. When the
Planning Commission -- or when the applicant agreed to the Planning
Commission's 30 percent request and the additional setbacks that
were incorporated with -- into this PUD, staff has changed the
position from when we wrote the staff report to a position of support
October 22, 2024
Page 83
with the additional 18 percent allocation. Staff most certainly is...
And one final comment is the 10 percent, the 15 units at
50 percent or below, we have never -- we haven't had one of -- that
low of affordable housing level provided for within any of our
market-rate projects. The only time we would get that 50 percent or
below has been traditional affordable housing providers that are
providing for a wider range of affordable housing.
So there's a lot of reasons why staff has arrived upon the
position of support for this petition.
CHAIRMAN HALL: Commissioner Kowal.
COMMISSIONER KOWAL: Thank you, Chairman.
I know some concerned people were talking about the
percentage of permeable property versus nonpermeable property. I
don't know in the design -- it wasn't that detailed, but do you plan on
using some pavers in the areas and aprons or --
MR. YOVANOVICH: Yeah. The term -- it's not green space;
it's open space. And your recreational areas are considered open
space under the code. So that's -- that's, I think, some of the
distinction of what people are -- they're equating open space, not
understanding how the code defines open space, to include your
recreational amenities. So I think there's a little confusion there
from the general public just not knowing how the code works.
COMMISSIONER KOWAL: And I had another -- I think it
was brought up in a reference to even in the morning when -- because
the particular community, Village Walk Circle, which -- depending
on which way I vote on this, I'm going to take some heat because my
in-laws live in there so -- I'll hear it Sunday probably at dinner.
The intersection, you guys have the lighted intersection coming
in and out of there. And then there was a comment -- one young
lady made a comment about the overflow where the cars stack up in
the intersection even when you have a green light trying to get out.
October 22, 2024
Page 84
Just for reference, that, you know, if that does happen, you can
contact the Sheriff's Department. That is a violation of state statute
if somebody sits in the intersection and blocks it while you have a
green light. I mean, we had that incident a few years back when I
was still at the Sheriff's Department. It was on 41 and Pelican Bay.
They had the same problem coming out of there in the mornings and
going back in in the evenings.
And they reached out, and we did put a flex operation there, and
they sat there during those hours, and when people sat in those
intersections, they got ticketed. They got about a $200 ticket sitting
in that intersection. So that does curb behavior at times. They're
required to hold short even if they have a green light. Those type of
things, if you bring those things to the attention of the Sheriff's
Department, he will address them. So just for future reference.
Other than that, like I said, I don't -- I like the project. I think
the location is something that we don't get the opportunity to really
have it this close into the urban area where all the jobs are, and these
people are trying to get from Point A to Point B and traveling miles
and miles through this county or traveling from other counties to get
here to support the way of life we take advantage of, you know,
these -- and I want to make sure people understand.
There was a gentleman that made the comment that we changed
the name of "low income" to "workforce housing." If he wants to
take the time, they are two different things, by definition. And these
are not low income. These are people that we depend on every day
to teach our children, to make it safe. And, you know, I'd love to
have a fireman as a neighbor or a schoolteacher or a police officer. I
mean, to me, that's not downgrading my community in any way. So
if he feels that way, then that's on him. But thank you.
CHAIRMAN HALL: Commissioner Saunders.
COMMISSIONER SAUNDERS: Thank you.
October 22, 2024
Page 85
I certainly appreciate the fact that this is going to be a lot of
workforce housing; however, we have a tremendous amount of new
construction, new work that's going to be going on on Vanderbilt
Beach Road, on Immokalee Road. We all know the efforts that our
staff and we are making to improve the traffic situation, especially in
those two corridors.
I had asked the Board to consider a pause on these types of
developments until we had some of that infrastructure in place. I'm
going to stick with that, and so I'm not going to support the project.
And I think that we do need to make sure we have these
improvements in place before we add to the congestion on these
roads.
CHAIRMAN HALL: I have a question for you.
COMMISSIONER SAUNDERS: Yes, sir.
CHAIRMAN HALL: What's the difference between 25 units
per acre right there and two miles down the street approving 33 units
per acre?
COMMISSIONER SAUNDERS: That would be seven. No,
I'm not sure what the question is. I'm not trying to be sarcastic.
CHAIRMAN HALL: You were in favor of The Havens, but
that was 33 units an acre. That was -- and this one is 25 units an
acre. I'm just curious as to what the difference in your mind is.
COMMISSIONER SAUNDERS: You're going to have to
refresh my recollection on The Havens.
CHAIRMAN HALL: The Havens was 10 acres at Airport and
Vanderbilt.
COMMISSIONER SAUNDERS: Oh, okay.
CHAIRMAN HALL: It's not built yet either.
COMMISSIONER SAUNDERS: The difference is the
transportation corridors that are impacted.
CHAIRMAN HALL: Okay. Commissioner LoCastro.
October 22, 2024
Page 86
COMMISSIONER LoCASTRO: Mr. Bosi, can you come back
to the podium for a minute? I want to piggyback on something that
Commissioner McDaniel asked you.
If this project was disapproved, the other things that could go in
its place would probably be commercial, as you said. If some sort of
commercial entity went on this footprint, would that generate more
traffic than this project or less?
MR. BOSI: Not being a transportation engineer but being a
planner for over two decades, commercial properties attract a
tremendous more volume of traffic than what residential properties
generate. Residential properties generate traffic. Commercial
properties attract traffic. And the rate in which residential generates
is much lower than what -- the rate that commercial properties attract
in terms of -- so it's apples and oranges when you compare the
difference between the trips associated with a commercial project
being up here and a residential project being relatively much less in
terms of that impact.
COMMISSIONER LoCASTRO: And I assume one of the
options is we wouldn't turn this into a park and have nothing put on
this property. So it's going to get something.
And in your expert opinion, when it comes to the traffic which
people are concerned with, this is a much more advantageous project
than the multitude of other things that could easily go on this
footprint, maybe, and not even come to us for much of a -- well, it
would have to come to us, but it would have maybe a lot less
controversy, I guess.
MR. BOSI: And I would agree with that --
COMMISSIONER LoCASTRO: Or it would have more
because it would generate more traffic. That's what I meant to say.
MR. BOSI: And I would say that this has been reviewed by
Ms. Scott and her team and that they are making a recommendation
October 22, 2024
Page 87
of approval from a transportation standpoint.
CHAIRMAN HALL: Well, this is in my district, and, like I
said, I was not a supporter of this project at all at the 30 percent,
which The Havens was, but it's now 48 percent affordable with even
10 units at less than -- at 50 percent and less.
I think there's -- I think there's great public benefit in this. I
think the fears and the assumptions -- I hear them, but I think the
benefits outweigh the risk.
So with that, I'm going to make a motion to approve this
project -- to approve both 9A and 9B.
COMMISSIONER McDANIEL: Second.
CHAIRMAN HALL: We have a motion and a second. All in
favor, say aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN HALL: Aye.
COMMISSIONER KOWAL: Aye.
CHAIRMAN HALL: Opposed?
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN HALL: Thank you.
MR. YOVANOVICH: Thank you.
CHAIRMAN HALL: County Manager, why don't we take 11B
and maybe 11C before lunch before we get to the longer discussion.
Item #11B
A PRESENTATION REGARDING THE AUTHORIZED USE OF
EACH OF THE FIVE PENNIES OF THE TOURIST
DEVELOPMENT TAX PURSUANT TO FLORIDA'S TOURIST
DEVELOPMENT TAX STATUTE, SECTION 125.0104, FLA. STAT
- MOTION TO APPROVE THE PRESENTATION AND
October 22, 2024
Page 88
DIRECTION GIVEN BY COMMISSIONER MCDANIEL;
SECONDED BY COMMISSIONER HALL – APPROVED
MS. PATTERSON: Very good. Of course.
Item 11B, which was continued from the October 8th, 2024,
BCC meeting, is a recommendation to accept a presentation
regarding the authorized use of each of the five pennies of the tourist
development tax pursuant to Florida's Tourist Development Tax
Statute Section 125.0104 of Florida Statutes.
Mr. Chris Johnson, your division director of Corporate Financial
and Management Services, is here to present.
MR. JOHNSON: Good morning, Commissioners. For the
record, Chris Johnson, your director of Corporate Financial and
Management Services. And at your request, I'm here today to go
through the authorized uses of your tourist development tax.
Today we'll go through the brief -- a brief presentation on the
TDC uses, a brief presentation on the history of Collier County's
tourist development pennies, the current TDT allocations for the
county, and then I just have a couple slides on the revenue kind of
history or trends that we've been seeing in the TDC revenue.
I'll start out with the authorized uses of tourist development tax
revenue are found within Florida State Statute 125.0104.
And I'm going to start with the first, second, and third pennies,
as they all have the same authorized uses as outlined in Subparagraph
5 within the statute.
The first use for the first, second, and third pennies is paying
debt service or operating certain facilities. That includes convention
centers, sports stadiums, arenas, coliseums or auditoriums, and
aquariums and museums.
The second authorized use is to promote zoological parks.
The third authorized use of these three pennies is to promote and
October 22, 2024
Page 89
advertise tourism and convention bureaus.
The fourth authorized use is to finance beach park facilities.
The fifth use is beach maintenance, renourishment, restoration,
and erosion control, including shoreline protection. And a newer use
for these three pennies is the public facilities use, which I'm going to,
briefly here, go into the requirements for that.
So to utilize these pennies for TDT public facility funding it's
required that you -- that you take in at least 10 million in TDT
revenues per year, which we do. It's also required that the Board of
County Commissioners approves at the supermajority or two-thirds
votes. Additionally, you have to use 40 percent of your TDT
revenue collected on promotional uses. And, finally, an independent
professional analysis paid for by the TDC has to demonstrate positive
impact on tourist-related business.
Now, that's for the first three pennies. The fourth penny, the
authorized uses are for professional sports facility debt, operating
costs of convention centers within the tourist tax -- I'm sorry,
financed with tourist tax, and finally, to promote and advertise
tourism.
The fifth penny can be utilized for professional sports facility
and convention center debt as well, and to promote and advertise
tourism.
These are the five pennies that the county is currently taking
advantage of. There is actually a sixth penny available for use for
high tourism impact counties. That penny has the same authorized
uses as Pennies 1 through 3. And in order to take advantage of that
penny, the TDT sales need to exceed 600 million within the county or
18 percent of total taxable sales if it's from 2 million to 600 million in
sales.
Currently, the county is looking at collecting, this year, right
around $50 million, which would translate to about a billion dollars
October 22, 2024
Page 90
in sales. So we would qualify for this.
To enact this other penny of revenue collection, an ordinance
would need to be approved by referendum in a general election.
Any question on the uses of the pennies before I jump into the
history?
COMMISSIONER McDANIEL: You're going to bore us to
death with history.
I have a question, Mr. Chair.
CHAIRMAN HALL: Sure, go ahead.
COMMISSIONER McDANIEL: The -- if you back up a slide
with the use of the one, two, and three and the potential sixth, let's
talk about the potential sixth first. What is -- if we were, by Board
decision, to increase the tourist development tax, how much does that
one extra penny tax increase raise?
MR. JOHNSON: It would -- based on the 50 million for the
five, it would be around $10 million.
COMMISSIONER McDANIEL: About 10 million.
MR. JOHNSON: With our -- in our current environment.
Keep in mind TDT tax can be pretty volatile.
COMMISSIONER McDANIEL: Oh, I understand. And
again, when we did raise it to the fifth penny and
supported -- theoretically to support the debt for the construction of
Paradise Coast, we utilized that on a percentage basis. Not all of that
was 100 percent debt reduction. There was a proportionate share
that went over to beach renourishment as well, if I recall. Like,
25 percent or so that went into beach renourishment, so...
MR. JOHNSON: I believe that penny, which would be the fifth
penny there, was split between your promotion and your sports
complex debt.
COMMISSIONER McDANIEL: Okay.
MR. JOHNSON: It's in the second-to-last column there.
October 22, 2024
Page 91
COMMISSIONER McDANIEL: I gotcha. So it was split
between -- okay. I had recollection that that was split
between -- split between debt reduction and beach renourishment.
But a lot of things changed with Paradise Coast from the time that we
started it to where we're at now.
So back up to your slide on the first -- the uses of the first three,
because you -- I think in the next slide you skipped over one point,
and it talked about only 70 percent -- no more than 70 percent of the
project could be funded. Right -- the third bullet point there. No
more than 70 percent of the project funded from TDR revenue.
MR. JOHNSON: Correct, Commissioner. And that's if you're
utilizing that new option under there for the public facilities.
COMMISSIONER McDANIEL: Oh, okay. So that's just
strictly for the public facilities. It doesn't have anything to do with --
MR. JOHNSON: Correct, correct.
COMMISSIONER McDANIEL: Okay. And what is the
definition of a public facility?
MR. JOHNSON: I'm going to look over at our County
Attorney for that one.
MR. KLATZKOW: I'd have to pull the statute, sir. It's rather
lengthy.
COMMISSIONER McDANIEL: Okay. I'd like to know what
that is just -- and you'll all -- I mean, I am exploring ways where we
can bring in additional tourist tax dollars and help assist our already
existent taxpaying citizenry. That's something that I would like for
us to explore. And I'd like to know what the flexibility availability is
with Pennies 1, 2 and 3. When you start talking -- when will you
start talking about debt service -- back up one slide. That one -- that
slide right there, paying debt. Paying debt on the sports arena,
stadium, so ons and so forth.
If you'll recall, one of my -- one of my sad portions of Paradise
October 22, 2024
Page 92
Coast was the field house that was slated to be in Phase one 1 and
now it's in Phase P or something. It's way out here. And so is
there -- are there -- are there -- do we have latitude within these first
three pennies to move those monies around to service additional debt
or not?
MR. JOHNSON: So currently those pennies are allocated
based on your tourist development plan, which you see here, which is
part of your ordinance. And I'm going to look at Jeff to help me
with this, but I would believe, yes, you would. You'd have to amend
the ordinance accordingly.
MR. KLATZKOW: You have a great deal of discretion.
COMMISSIONER McDANIEL: Sir?
MR. KLATZKOW: You have a great deal discretion on this.
COMMISSIONER McDANIEL: Okay.
MR. JOHNSON: And one additional thing with that,
Commissioner, currently with the debt service on the sports complex,
all of our -- all of our pennies were pledged for that specific debt
service. So we'll have to check with bond counsel as well on the
legalities of that, but we can do that.
COMMISSIONER McDANIEL: Well, we're going to -- I
mean, I -- what I'm hoping is is that this opens up a wider discussion
because -- a wider discussion of how, when, and where we can utilize
these available funds. And in conjunction with these allowable
percentages of uses, we also have to have -- where are we at with our
funds? You and your happy fund accounting that I despise, where
are we at in these additional -- in these accumulated funds that
continually roll over? Maybe that's in the boring history part.
MR. JOHNSON: Actually, that was a supplemental slide that I
put up right here. So if you want to take a look, this is our -- this is
our TDT family of funds here from 1100 to 1108. I'm just going to
go along to the end on the totals there. Your reserves are currently
October 22, 2024
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sitting at about $80 million. That includes your TDC beach reserves,
which are the majority of that, at $60.6 million. You can see our
projected revenues for next year. We're really conservative with that
just due to the volatility of the tax, so we're projecting about
$37 million.
To your point, Commissioner, every year when we open up the
budget process, we're then forecasting this year's revenues based on
the action we've had so far and the history, and we utilize that to
re-budget for next year's budget. So we kind of wait till the money's
in before we're spending it, in other words.
COMMISSIONER McDANIEL: And that's a very prudent
thing, especially with the volatility that comes along with this,
because all you need's one decent economic tank, and you're
not -- then you're not collecting the pennies.
MR. JOHNSON: Exactly.
COMMISSIONER McDANIEL: Well, it's -- I don't have any
further questions, Mr. Chair.
CHAIRMAN HALL: All right.
COMMISSIONER McDANIEL: At this point anyway. I
might think of something.
MR. JOHNSON: Would you guys like me to continue with the
history or -- and go through the current uses? I'll leave that up --
CHAIRMAN HALL: Let's do current uses.
MR. JOHNSON: I'll leave that up to the Board, okay.
Currently we use our -- according to our TDC plan, there's kind of
three broad uses for the pennies, the first being the beaches. And as
you can see here, there's two subcategories of beaches. We have
beach park facilities in our -- in Fund 1100 and beach nourishment
and past maintenance in 1105.
These funds utilize only portions of the first three pennies; 5.9,
about 6 percent goes to the Beach Park Facilities Fund, and 64.9 or
October 22, 2024
Page 94
about 65 percent goes to the Beach Renourishment Fund, for a total
of 42.5 percent of all five pennies.
And, Jeff, I see you pulled that up. Did you want to --
MR. KLATZKOW: No, I just pulled it up for the
commissioner comments.
COMMISSIONER McDANIEL: Yeah. This is on the public
facilities, the definition of the public facilities and what that inclusion
is.
MR. JOHNSON: So we have -- public facility means major
capital improvements that have a life expectancy of five or more
years, including, but not limited to, transportation, sanitary sewer,
solid waste, drainage, potable water, and pedestrian facilities.
COMMISSIONER McDANIEL: You know -- and without us
digging into this, I mean, at this particular juncture, I would certainly
like -- we've already engaged a consultant with our priority budgeting
processes. I think this needs to be -- and did I -- Commissioner
Saunders, did I not hear that the Productivity was reviewing some
of -- the Productivity Committee was reviewing some of the
expenditures of the TDC?
COMMISSIONER SAUNDERS: Yeah. Well, what the
Productivity Committee was really focusing on was some of the
lessons learned in terms of contracting and the way the Paradise
Coast process took place. So that's really their focus on that
particular issue.
COMMISSIONER McDANIEL: Well, it certainly -- I mean,
what this screams to me is that we've got a consultant that we're
working with. We're looking at ways to reallocate available funding
that we, in fact, collect. How and what our fee structures are, and I
would -- I would like this to be relegated over to -- I forgot the name
of that company. What's the name?
COMMISSIONER SAUNDERS: Hunden. Is it Hunden?
October 22, 2024
Page 95
CHAIRMAN HALL: ResourceX.
COMMISSIONER McDANIEL: ResourceX. Yes, thank you.
Boy, I couldn't come up with that for anything. Not Hunden, for
goodness sakes. We'll get to Hunden in a minute.
But I'd like this to be relegated over to ResourceX and have
some -- some actual specificities put into how we're utilizing these
monies and where we can, with latitude, make some adjustments.
Because, again, if we can -- if we can come up with an extra -- and
I'm using small numbers here, but an extra 2 or $3 million out of the
TDT tax in order to offset repairs, maintenance, and upkeep our park
system, that frees up money in the General Fund that can be
reallocated over for other necessary infrastructure things, so --
MR. JOHNSON: Absolutely.
COMMISSIONER McDANIEL: -- I would -- very, very
appreciative of this information.
CHAIRMAN HALL: Commissioner Saunders.
COMMISSIONER SAUNDERS: Thank you.
I was just going to comment on something Commissioner
McDaniel had mentioned in his opening remarks, and that was that
you were looking to kind of focus on projects or things that would
increase tourist tax revenues. And I think -- unless I'm misquoting
you or misunderstanding what you said, it sounded like you were
looking at ways to increase the tourist tax revenues by the use of
these funds. And if that is one of your goals, that's clearly one of my
goals as well, and that's one of the reasons why I've asked for an
evaluation of the Paradise Coast park and the Hunden study that's
coming up next, because I think, when you look at what's happening
at that facility, it's going to generate a tremendous amount of
advertising with the professional sports which will enhance our
tourist industry, restaurant industry, everything.
But the advertising from that professional sports team will be
October 22, 2024
Page 96
worth millions of dollars on an annual basis. And the issue that I'm
looking to do is to try to use these tourist tax dollars in a way that
does enhance our collection of tourist tax dollars. So I just wanted
to comment that I agree with you, if I didn't misunderstand what you
had said.
COMMISSIONER McDANIEL: Did you write that down,
Terri, that he agreed with me for a change?
CHAIRMAN HALL: I have a question. Where we can use
70 percent of the TDT money to pay for public facilities, is that our
ordinance, or is that state statute?
MR. KLATZKOW: That's the state.
COMMISSIONER McDANIEL: That's the state.
CHAIRMAN HALL: Okay.
COMMISSIONER SAUNDERS: Commissioner, can I ask one
question? Because I meant to ask this when I had pushed the button
there.
CHAIRMAN HALL: Sure.
COMMISSIONER SAUNDERS: On the slide that you had up
that had the -- or not the slide, I think you had the ordinance -- the
statute up, and you highlighted what public facilities are, and then
down at Number D it said at least -- let me make sure I'm -- yeah, No.
D, at least 40 percent of all tourist development tax revenues are used
to promote tourism. And I guess the question is, what does that
mean "to promote tourism"? Because it says "promote and
advertise." So I'm assuming that those are two different things.
For example, the Paradise Coast Park is a facility that does, in
my mind, promote tourism.
MR. KLATZKOW: I'm going to put that question to Colleen.
COMMISSIONER SAUNDERS: Or is it purely advertising?
COMMISSIONER McDANIEL: Now we have three lawyers
asking a question. What do you think we're going to get?
October 22, 2024
Page 97
COMMISSIONER SAUNDERS: We're going to get 17
answers.
COMMISSIONER McDANIEL: Oh, good morning, dear.
MS. GREENE: Good morning, Commissioners. Colleen
Greene, Assistant County Attorney, for the record.
There is a definition of promotion in the tourism statute that
provides -- "promotion" means marketing or advertising designed to
increase tourist-related business activities; however, this provision in
Subsection 6 that we're talking about for Public Facilities is 2018 but
hasn't been used that much throughout the state of Florida, so there
really is not a lot of guidance on what exactly -- how we interpret that
D, that Subsection D, to promote and advertise. But we can use the
definition above, in the statute, of promotion, and, you know, work
with the definition based on what the Board's direction is.
COMMISSIONER SAUNDERS: What is that definition?
MS. GREENE: The definition is -- it's on Page 1 of the statute
that you have a copy of. It says, "Promotion means marketing or
advertising designed to increase tourist-related business activities."
COMMISSIONER SAUNDERS: Okay. Thank you.
MS. GREENE: And, of course, you know, when we provide
the facts and the evidence to the Tourist Development Council, we
give the information to the Tourist Development Council to make a
recommendation as to whether the activity or the expenditure
promotes tourism, which is then sent to the Board for their
consideration.
COMMISSIONER SAUNDERS: Thank you.
COMMISSIONER McDANIEL: It almost seems duplicative
down there on D, because it talks about promotion and advertising,
and then the actual specific definition, they're separate.
MS. GREENE: Yes.
COMMISSIONER McDANIEL: Promotion or advertising,
October 22, 2024
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so...
CHAIRMAN HALL: That is word of the day so far.
COMMISSIONER McDANIEL: Yes.
CHAIRMAN HALL: Duplicative. Good one.
MR. JOHNSON: And if I continue on with our current
allocations, the next section is our promotions section, so it kind of
segues right in, I think.
So as you can see here, here's our -- here's our promotion, two
subcategories, destination and promotion and admin and then
amateur sports complex. Currently, of the first three pennies,
13 percent is going to the promotion, 100 percent of the fourth penny,
and 28.5657 percent of the fifth. The sports complex, again, to pay
the debt service and for future construction is 71.42 of the fifth
penny. That is a total of 47.85 percent of the five pennies we are
currently allocating -- or collecting on, I'm sorry.
Any questions on that before I get to the last use?
The last use we have is for the --
COMMISSIONER KOWAL: I hit my button.
MR. JOHNSON: Go ahead, Commissioner.
COMMISSIONER KOWAL: Yes, I do have a question,
because then we came from -- which was B1, B2 on the first page. It
says up to 40 percent. So if that's 47 percent, are we 7 percent over
what's by statute, or is that a different category?
MR. FINN: How are we spending 40 percent?
MR. JOHNSON: Are we spending 40 percent? We're
allocating the 47 percent.
COMMISSIONER KOWAL: Oh, so we're allocating. We're
not actually spending it?
MR. JOHNSON: Towards promotion. And, yes, it does -- it
does get spent as well. But our current allocations are at the
47.85 percent. And just to -- also, just for the record, the -- when we
October 22, 2024
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get to the next category, museums, there's actually one of the uses
that gets cut off at $2 million, and additional funding goes into that
promotion and destination for monies collected over the 2 million,
which, in the past few years, has been close to another $2 million.
COMMISSIONER KOWAL: I just might not be following
along with some of the columns or something, because, like, when
Commissioner Saunders had us refer back to the first page, it said
40 percent, and if we're at 40 --
MR. JOHNSON: Oh. And the 40 percent is the statute, so
that's the minimum for that if you're to utilize --
COMMISSIONER KOWAL: A lot of whispering going on.
MR. JOHNSON: Let me just go back to where we were with
that. So 40 percent of TDT revenue collected used on promotion is a
requirement.
COMMISSIONER KOWAL: That's not what I'm talking
about. I'm talking about that piece of paper laying there on the
prompter.
CHAIRMAN HALL: Number D.
COMMISSIONER KOWAL: It's the D -- no, no. The first
page where it has definitions, and then underneath it says the amount
of up to 40 percent.
MR. JOHNSON: Let me pull this up for you.
COMMISSIONER KOWAL: I'm just -- I might be thinking
totally two different --
COMMISSIONER McDANIEL: Troy, pay attention.
COMMISSIONER KOWAL: There it is, B.
MR. JOHNSON: I think it might have been on the other page,
Commissioner, on D, which was the 40 percent.
MS. GREENE: It's Page 8 of 30, yes.
MR. JOHNSON: Which is the at least 40 percent.
COMMISSIONER KOWAL: At least 40 percent. All right.
October 22, 2024
Page 100
That's what -- I made the wrong note there.
MR. JOHNSON: No worries. No worries.
All right. And then moving -- moving on to the museum use,
12.8 percent of the first through third pennies goes to the county
museums. Again, that's capped at 2 million. Any excess goes to
the promotion fund, and then we have noncounty museums at
3.2 percent-ish of the first through third pennies.
And that is all the uses, which you can see here in the -- we've
already touched on this. This is Exhibit A from your tourist
development ordinance, and this is the tourist development plan.
Any questions on this -- any other questions on this at all, the
current uses?
(No response.)
MR. JOHNSON: All right. I will move into the revenue then.
This chart depicts the revenues collected from -- annually for FY '17
to FY '24. Just of note, the reason that FY '24 column is green is
because we have one more month of collections coming in. So
there's about $815,000 between our record in FY '22 and FY '24. I
fully expect us to be above FY '22 collections this year.
And then I'll go on to our -- this is -- this kind of -- this chart
kind of just shows you every line is a different year, from '17 to '24.
I just wanted to kind of show how the money's coming in.
Obviously, we know we're a destination in the winter months, and
you can see that we peak in March with our collections, typically, on
any given year.
COMMISSIONER McDANIEL: And those collections lag 30
days.
MR. JOHNSON: It's actually -- we collect it. It's 60 days --
COMMISSIONER McDANIEL: Sixty days.
MR. JOHNSON: -- because the -- for our accrual fund
accounting, we'll collect the money in November, and that's related to
October 22, 2024
Page 101
stays in September.
COMMISSIONER McDANIEL: Accrual fund accounting.
So that peak in March is actually revenue that was generated in
January?
MR. JOHNSON: I've adjusted this to be the month that it's
collected.
COMMISSIONER McDANIEL: Okay. Good, good, good.
Thank you.
MR. JOHNSON: Yep. All right. And then I kind of touched
on this when we brought up the budget slide. But this is the budget
for TDC revenue for FY '25. Again, as I stated, this is a
conservative approach, but this kind of shows you the splits. You'll
see there in Fund 1107 the museum. It caps out at 2 million. Any
excess over that would be going into that 1101 Promotion Fund.
And with that, that concludes my presentation. If there's any
other questions, I'll be happy to try and answer them.
COMMISSIONER McDANIEL: Do you -- I don't know. I
made a suggestion. Do you want to relegate this over to ResourceX
and have them do an analysis and come back to us with some advice?
I mean --
CHAIRMAN HALL: I would, yeah.
COMMISSIONER McDANIEL: I'd --
CHAIRMAN HALL: I'd like to hear what they say.
MR. JOHNSON: I can get with Chris.
CHAIRMAN HALL: As far as the uses of -- the maximums --
COMMISSIONER McDANIEL: Uses, appropriations,
recommendations, working with our staff to give us some
recommendations with regard to -- because I don't want to just throw
a dart and say, "We're putting too much into promotion, or we're
putting" -- you know, you can't put enough into beach renourishment.
But I don't want to throw a dart. I would like someone to have
October 22, 2024
Page 102
a look at, and there again, have a discussion about is it time for us to
allocate another penny to -- and, again, that field house -- I'm
hammering on that field house because that's an 80,000-square-foot
Cat 5 indoor stadium inside of -- east of I-75 for flood protection,
for -- you know, as we heard this morning, you run from the water.
And if I-75 floods during storm surge, we're in trouble.
So I would like to have some more analysis done and our board
to have some discussions on what we can and can't use these monies
for.
MR. JOHNSON: So just so I make sure I have everything
you're talking about in order in my head, so a recommendation on the
allocations based on the authorized uses for the five pennies we
currently are collecting and then an analysis on potential additional
sixth penny collection.
COMMISSIONER McDANIEL: That's correct. That's what
I'd like to see.
CHAIRMAN HALL: With an aggressive -- with an aggressive
approach, and then -- as far as these definitions, and then maybe just
a solid approach to what we know we can do. But I'd like to see
what the aggressive approach is, how much money, and where we
can spend that money and what for.
MR. JOHNSON: Okay. We can do that.
CHAIRMAN HALL: Commissioner Kowal.
COMMISSIONER KOWAL: Thank you, Chair.
This is a little bit off topic, but I -- because I guess it kind of
deals with it, too, because it's talking about the tourism money.
I had -- a few weeks back I had a meeting. People asked to
meet with me, and it was the BID group, which is basically the
business group on Fifth Avenue. It's all the businesses, restaurants,
everybody that deals with Fifth Avenue created their own --
COMMISSIONER McDANIEL: Stay up on the mic. I can
October 22, 2024
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hardly hear you.
COMMISSIONER KOWAL: I'm sorry. I had a meeting
with -- it's called the BID. I guess they call theirselves the BID.
And I know last year we had talked about the Visit Florida where we
didn't -- or did participate in the Visit Florida with the tourism, and I
think we voted not to last year and see where we are. I can't
remember if that's right or not.
MS. PATTERSON: You directed us to do further research and
come back when we had metrics that would help understand what
benefit we get from Visit Florida. That item's still -- has not come
back to you; it's still in work. So, essentially, you did not allocate
money to it at this point.
COMMISSIONER KOWAL: Okay. Because the only reason
I ask is because they went to Visit Florida. I guess in the
past -- they've done it in the past to get a grant, and they were told
they couldn't participate because we didn't participate. So I'm just
curious if that -- even though it took place, but, you know, I'm just
trying to wrap my head around that.
MR. TUSA: If I could.
MS. PATTERSON: Go ahead.
MR. TUSA: Jay Tusa, tourism director, for the record.
So we are -- as what Ms. Patterson just said, we are planning
actually to bring that item back to you at the next Board of County
Commissioners for your consideration. But we did do an analysis,
and we have an update for you.
COMMISSIONER KOWAL: Okay. All right. Thank you,
Jay.
CHAIRMAN HALL: So do we need to make a motion to
accept the presentation with the direction given?
MR. JOHNSON: I don't think that would hurt.
COMMISSIONER McDANIEL: So moved.
October 22, 2024
Page 104
CHAIRMAN HALL: I'll second it. All in favor, say aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN HALL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER KOWAL: Aye.
CHAIRMAN HALL: Opposed?
(No response.)
CHAIRMAN HALL: Good job, Chris.
MR. JOHNSON: Thank you, guys.
CHAIRMAN HALL: Let's break for lunch and come back at
1:15.
(A luncheon recess was had from 12:19 p.m. to 1:17 p.m.)
MS. PATTERSON: Chair, you have a live mic.
CHAIRMAN HALL: Thank you. What do we have here?
Item #11A
DIRECT STAFF TO PROCEED WITH A SPORTS COMPLEX
EXPANSION & TOURISM IMPACT STUDY FOR THE FUTURE
PHASES OF THE PARADISE COAST SPORTS COMPLEX TO BE
CONDUCTED BY HUNDEN PARTNERS, SEEK A TOURIST
DEVELOPMENT COMMITTEE RECOMMENDATION FOR THE
EXPENDITURE OF TOURIST DEVELOPMENT TAXES FOR
THE TOURISM IMPACT STUDY, AND PROVIDE DIRECTION
TO PROCEED WITH AN ADDITIONAL FIELD (FIELD 9) AND
THE ASSOCIATED RESTROOM, SHELTER STRUCTURE,
PARKING, AND SITE WORK TO COMPLETE PHASE 3 -
MOTION TO PROCEED W/PHASE 3 BY COMMISSIONER
SAUNDERS; SECONDED BY COMMISSIONER KOWAL -
APPROVED; MOTION TO MOVE FORWARD WITH THE
October 22, 2024
Page 105
HUNDEN PARTNERS STUDY OF PHASES 4 & 5 BY
COMMISSIONER SAUNDERS; SECONDED BY
COMMISSIONER MCDANIEL – APPROVED
MS. PATTERSON: We're starting at 11A. This item was
continued from the October 8th, 2024, BCC meeting. It's a
recommendation to direct staff to proceed with a sports complex
expansion and tourism impact study for the future phases of the
Paradise Coast Sports Complex to be conducted by Hunden Partners,
seek a Tourist Development Committee recommendation for the
expenditure of tourist development taxes for the tourism impact
study, and provide direction to proceed with an additional field, Field
9, and the associated restroom, shelter structure, parking, and site
work to complete Phase 3.
Mr. Ed Finn, your Deputy County Manager, is here to present.
MR. FINN: Thank you, ma'am.
Good afternoon, Commissioners, Mr. Chairman. Edward Finn,
Deputy County Manager. This is a follow-on to a meeting we had
not too long ago on the Paradise Coast Sports Complex seeking some
direction on how to proceed.
Our objective today, to do just that, obtain some direction and
provide direction on proceeding with Phase 3, which we talked about
at length and have a little more here. Not necessarily to proceed,
proceed, but to allow us to do preliminary steps to have this
thing -- have that phase ready to go to bid sometime after the
proposed study is completed.
Background, history that Commissioner McDaniel enjoys so
much. I'll skip to TDT funding on a critical path. Generally
speaking, the Hunden study is a requirement.
(Cell phone sounding.)
MS. PATTERSON: That's me.
October 22, 2024
Page 106
COMMISSIONER McDANIEL: Please remember to shut off
your cell phones.
COMMISSIONER LoCASTRO: My god. We're in the
bizarro world. There's another Amy Patterson somewhere having a
county commission meeting.
COMMISSIONER McDANIEL: Remember how embarrassing
it is when your phone goes off during a meeting?
COMMISSIONER LoCASTRO: That's going to cost him.
MR. FINN: It's all going to cost me, guys. It's all going to
cost me.
COMMISSIONER LoCASTRO: Mr. Finn, are you in charge
of anything important in this county? Is there anything that we need
to be concerned about? No, I'm just kidding.
MR. FINN: And I can comfortably say, no, sir, as it involves
your district, absolutely not. Absolutely not.
COMMISSIONER LoCASTRO: Yeah, absolutely not.
MR. FINN: In any event, the critical path criteria, generally
speaking, leads through a study, both from probably a technical sense
in terms of using TDT funding as well as kind of a smart business
sense for additional substantial investment.
Phases 3, 4, and 5 are subject matter, and this should look
familiar. Phase 3 is in the middle. It is a field, parking, some
connecting paths, a restroom facility, and a shelter structure. Phase
4 is over to the right-hand side, and that's an 11-field -- multipurpose
fields focused on baseball. Phase 5 is the concept of a field house.
Again, on the right-hand side there is a sense of the specifics of
Phase 3, and we'll see here that there is some work that is done.
Design is 100 percent complete. Lighting is in place. A fair
amount of fill is in place. And we still need to do a bid
package -- bid package, finalize any design elements, and bring this
thing out to bid.
October 22, 2024
Page 107
I'm going to focus on the first bullet here, which is enhanced
guest experience. So it's going to complete the improvements that
were contemplated as part of Phase 2. Parking, site flow, sheltering,
restroom access, of course, additional field capacity. Revenue
projections are shown there. And Hunden will ultimately provide
the final economic impact numbers, but our operator has estimated
marginally 5 to $6 million through the addition of this capacity.
Phase 4 we've talked about before, eleven fields on the east side
of the project. The -- you can see the facilities that are already in
place. There's still fill that's required out there and numerous other
improvements, but the core of the stormwater storage is in place.
Last minute -- or not last minute but a recent addition to our
thinking is potentially converting one of these fields into a -- into an
actual amphitheater as opposed to the kind of concrete -- concrete
seating arrangement that has thus far been called an amphitheater.
Phase 5 is the construction of a field house. This has a pretty
wide -- wide range of figures. These figures are based on a
generally unknown -- unknown scope as well as hardening.
Fiscal impact. Phase 3, 9 to $10 million. That funding is
available in the sports complex Capital Fund. Hunden Partners
study to do the study of the sports complex, give us essentially an
after-action report on what we've done and how effective it's been, a
sense of the economic impact of the project, as well as a sense of
studying the next phase of Big Corkscrew Regional Park, which also
has a field house anticipated, and potentially giving us some direction
on which one of those might provide the best overall investment in
our funds, whether to harden the structure of Big Corkscrew or this or
potentially both.
And our recommendation is to direct staff to proceed with the
expansion and tourism impact fee -- impact study for the current and
future phases to be conducted by Hunden Partners. And our next
October 22, 2024
Page 108
step would be to bring this to the TDC and get their approval for the
study and the expenditure of funds, at which point it would come
back to the Board for a final recommendation and a finding that the
expenditure promotes tourism.
And as I noted before, relative to Phase 3, because it is fairly
close, because the entire facility was designed to put us on the sports
tourism map -- and I think that it's -- I'm fairly comfortable saying
Hunden is going to conclude that, yes, it does have a positive benefit
to tourism businesses in the area; that, in fact, we have some nominal
work to complete, but it does take time.
Our suggestion would be to give some direction to start on
that -- the final steps to get us to the point where when we have a bid
package, and sometime before that bid packet is awarded, the Hunden
study will, in fact, be in hand and presented to the TDC as well as
this board.
CHAIRMAN HALL: Mr. Finn, will you go back to the slide
that talked about what -- Phase 3, the revenues. Right there.
MR. FINN: Yes, sir.
CHAIRMAN HALL: So the total annual revenue is 300,000
projected?
MR. FINN: That would be for the marginal -- marginal of
this -- this additional field. I do have Mr. Adams, the vice president
for Sports Facilities Management, here who can perhaps talk a little
better on that. If you have some specific questions that I'm not
getting to, we could potentially bring him up.
CHAIRMAN HALL: I was just strictly looking at ROI, which
it's not good, but it's not bad.
COMMISSIONER McDANIEL: What's hotel commissions?
MR. FINN: I beg your pardon, sir.
COMMISSIONER McDANIEL: Hotel commissions.
MR. FINN: Hotel commissions are -- when the facility sells
October 22, 2024
Page 109
hotel rooms themselves or through their publicizing, they do receive
some commission that works into the revenue stream.
CHAIRMAN HALL: Commissioner LoCastro.
COMMISSIONER LoCASTRO: Thank you, Chairman.
So this was just informational, right? You're not looking for
a --
MR. FINN: No. We're specifically looking for approval to
move forward with the Hunden study.
COMMISSIONER LoCASTRO: Move forward.
MR. FINN: As I mentioned, sir, I'd like to tell you that this is
the final step in getting the Hunden study done, but it isn't thus far.
Since the Board gave us direction to proceed with that, we've worked
through a single-source procurement action necessary working
through that.
Some of the Board members may recall back in 2015 through
2018, Hunden Partners was the architect with the initial study.
They've done extensive work here in Collier County, and the
procurement director concluded, along with staff, that they were in
the best position to do this and do so most efficiently.
So we're asking for approval to move forward with the next step,
which is to get the TDC blessing on this and bring it back to the
Board for final award of that consulting contract.
COMMISSIONER LoCASTRO: Well, I'm certainly not trying
to be a roadblock, and so I'd like to move forward to get, you know,
more specifics, but just some things that are important to me, you
know, when we meet one on one.
We can build anything, but we can't build everything. And so,
you know, I've always looked at the sports complex saying, "Where's
the sweet spot?" You know, I realize if we build 10 baseball fields,
teams will come, and then, you know, the revenue numbers are
sometimes a little bit arguable because what you're saying is, "Well,
October 22, 2024
Page 110
it will create jobs, and then people stay at hotels." And, yeah, that's
a money revenue generator for the community, but I mean, you
know, at some point there's -- you pass the sweet spot of, you know,
you can't -- you know, we're not trying to build a Taj Mahal here or,
you know, something that's -- that's more than what is needed. And
also, too, money is an object. So that's one thing.
Number two, I'd also like to see specifics if we do a deeper dive
on the monthly and annual, you know, maintenance costs. So it's
great to throw in 10 fields and all this; I want to make sure we can
afford this thing.
So, you know, I've said before, if Warren Buffett came here and
said he would build us a $200 million sports complex, hand us the
keys, and then walk away, would we say yes or no? And I would
hope anybody that has a sharp pencil, the answer would be, "I don't
know." I would take that briefing, but it wouldn't be an automatic,
you know, because you build something that's larger than what you
can sustain -- this thing needs to be sustained, and, you know,
tourism, which we're about to hear in an upcoming meeting, those
dollars are fluctuating a little bit with every hurricane and every
storm.
And so, you know, I want to make sure that we don't have
something here that is, you know, a sucking chest wound every 12
months and it's taking so much to keep it afloat.
And then you also have to realize, too, people that use this
complex on a regular basis love it, but, you know, I think we all hear
from people that live around near it that -- that aren't screaming from
the mountaintop saying this thing's wonderful. You know, they're
concerned about, you know, traffic and the big events and all that.
So I'm not saying any of that shoots down my support. It's just
that as we expand the aperture and you do a deeper dive, it's not just
about here's what it's going to cost, here's what it's going to get us. It
October 22, 2024
Page 111
gives us Phase 3, 4, and 5, yes or no. I mean, I'd like to see -- you
know, peel back the onion a little bit more and, you know, if we build
it, is it something we can truly sustain? Do we want it, or do we
need it, you know? That's an answer that I'm going to have to have.
I mean, I know we want -- you know, folks that are supportive
of the sports complex know all it could be because we have the
acreage, but is it a -- is it really a need or it's -- or it's a want. We
already have a lot out there now so -- maybe even more than I would
have voted for if I would have been sitting in the seat way back
when. So anything further, you know, I'm going to need a lot more
detail rather than just, you know, we have the money, it's always been
the plan, so we're going to do it regardless, and it's going to, you
know, bring X number of dollars to the community. I mean, that
won't be enough for me. So I'd just say that.
But I wouldn't -- I wouldn't vote against anything that holds up
doing a deeper-dive study, because to get the answers I'm looking for,
you've got to do the study.
So -- but, you know, I'm going to be looking for a little bit more
than just what it costs and what it brings to the community
sustainment.
You know, we have a lot of county parks right now that aren't
the sports complex, and we built a lot of amazing things, and then,
you know, we found out that we either couldn't sustain them -- and
it's not just Sun-N-Fun. I've got stuff in my own district that I don't
think is squeaky clean, yet when they cut a ribbon on it, everybody
patted themselves on the back, but then where was the budget to keep
it looking, you know, pristine? After a while, it sort of went by the
wayside.
And this is like a park on steroids. I mean, this is like -- this is
ginormous. And we have some things that are pretty small and
manageable that we've struggled to maintain.
October 22, 2024
Page 112
I realize, you know, sometimes it sounds like we have this
endless amount of tourism dollars, but just from the previous
briefing, we could be using those dollars for lots of different things.
And so continuing to, you know, feed this is something that's going
to -- it's going to be a little bit of a longer, you know, meeting in my
office for me, maybe the same for all of us, but I'm going to need
something deeper than just here's what it costs, here's what it brings
to the community, and it's always been the plan.
MR. FINN: Understood. Yes, sir.
CHAIRMAN HALL: Commissioner Saunders.
COMMISSIONER SAUNDERS: Thank you.
I think I'll make a couple comments, and then perhaps I have a
few questions. First of all, when this whole concept was developed,
there were several goals in mind. One was that we needed more
athletic fields and park facilities for our current population. And so
this really fits the bill of a regional park. The Big Corkscrew Park is
a regional park. We're going to spend about $150 million plus or
minus on that park. We're doing the same thing, and maybe a little
bit more, in terms of Paradise, but it's still the same concept, that this
is a regional park that satisfies the needs for a lot of athletic facilities
for our residents. That was one goal.
The second goal was to criteria an opportunity to enhance
tourism. And, of course, this park does that, and I hope that we get
some information about the heads in beds and what is the real
economic impact of this park right now and what will be the
economic impact of this park when our professional soccer team is
advertising Collier County basically all over the country and, I
assume, probably in other parts the world. I think that will be a huge
generator for advertising -- free advertising for the community. I
think it is a tremendous potential generator of tourism in terms of
getting hotels filled, getting our restaurants busy, especially in the off
October 22, 2024
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season.
And then the other component of this, the other objective, was to
find a way to pay for this where our residents weren't being taxed to
pay this. And so we developed the fifth cent of the tourist tax to
fund this. So we actually have a regional park that ultimately we
would have had to build somewhere to meet the needs of our kids.
We're able to do this and enhance tourism, and we're able to do
it on the backs of our tourists. And so I think when you start talking
about return of investment, there's not going to be, necessarily, a
positive return on investment in terms of how much cash Collier
County receives from this park. That's -- but that's not the only
component of ROI. You've got to look at the benefits of having
these facilities for our kids. You've got to look at the benefits of
heads in beds and the tourist industry. So there's a huge return on
investment, that it goes way beyond are we generating enough
revenue for the county to pay for all the costs. Because we have
other streams of revenue that benefit this community.
So I hope that we take a look at this a little bit more broadly than
just simply it's a big facility and it's costing money to operate.
There's no question about it. But we would be -- we would be
operating a large facility, a large regional park anyway. And so this
way I think we have a facility that is paid for by the tourists,
generates business, and I hope that -- the local tourist industry, I hope
they'll come forward and let us know what is the real positive benefit.
I don't know if we have any of those numbers right now of what this
is doing.
And when we get into making some decisions, Mr. Chairman, I
would suggest that we kind of break this up into a couple different
pieces. We had a 4-1 vote to move forward with Phase 3, which is
the tenth field, if I'm getting that correct?
MR. FINN: Yes.
October 22, 2024
Page 114
COMMISSIONER SAUNDERS: And so --
MR. FINN: We're -- yes, Phase 3 is this last field that's shown
on the screen relative to that.
COMMISSIONER SAUNDERS: My assumption is that this is
not really a particularly controversial issue to do that field, that phase.
The money's there. A lot of the work's already been done. The
design work has been completed, basically. So I'm hoping that
perhaps on a separate motion we definitely go forward with that, but
then I think we're going to need a little bit more conversation in
reference to the Hunden study. I hope that we move forward with
that.
We only had a 3-2 vote to have you come back on that, and I
hope there's still three -- at least three votes to move forward with
that study, because I think that when you look at this facility and
looking into the distant future, this will be a facility, I think, that will
serve this community for the next 50 years, and I think it's a facility
that will really put us on the map in a big way, especially with the
professional soccer. I know that community -- the soccer families
are excited about having an opportunity for their kids to see
professional soccer right here in Naples, have soccer camps and those
things. I think that is a priceless benefit.
So I'm supportive of moving forward with the Hunden study, I'm
supportive of moving forward with Phase 3, and when the Hunden
study comes back, I'm hoping that there's good information on how
we can proceed with Phase 4 and Phase 5.
MR. FINN: Yes, sir.
CHAIRMAN HALL: Commissioner Kowal.
COMMISSIONER KOWAL: Thank you, Chairman.
You know, I think in the original meeting, I could stand behind,
you know, the Phase 3. I think it makes sense to keep moving
forward in that direction, definitely on Phase 3. I did have some
October 22, 2024
Page 115
question about the other two phases, or flip-flopping those phases,
because I kind of agree with Commissioner McDaniel down there. I
think the field house might -- should move up, I think, in the
progression.
But the questions I have, maybe for you, Ed, is -- I know we've
got the graph of the actual field here, that's Field 9. So is there
anything different to this field in reference to the other eight fields?
MR. FINN: Yes, sir. Physically it's a larger surface. The
surface you see there in white, I believe, is all artificial turf.
You have a shelter building identified there as Pavilion Building
21. You have the path -- the two parking lots that are in gray that are
important. You have a pathway that's connecting it to the north end,
which accesses more parking. And I think we would all agree here,
parking on busy days is, in fact, at a premium.
So this is a -- and, I'm sorry -- proposed Building 18, which is
kind of shown in the middle of that pathway halfway between the
new field and the north -- the terminus of the pathway is the restroom
facility, and all of that is designed to improve the customer
experience and build out that phase. So to us that's -- to your
professional staff, that's a logical extension when Hunden is able to
demonstrate that it does have those benefits and it has the economic
impact benefit.
In the short run, what we're asking is the authority to move
forward with the interim steps necessary to get to having this thing
potentially bid, and that work -- some of that work can be done
before the Hunden study is complete. That's what we're seeking.
Ultimately, the Board will still have to approve the construction
contract, which is the lion's share of the dollar amount we're talking
about for this phase right now.
COMMISSIONER KOWAL: So I know in the presentation
you had mentioned at the Naples FC, that this would help if
October 22, 2024
Page 116
their -- basically along with their process and their operations
because -- would this be, like, a -- if need be, they could do a
designated practice field on this because it's similar to the stadium
field versus the other ones or --
MR. FINN: To a certain extent. I think I might describe it a
little differently. The FC Naples utilizing the stadium takes that out
of circulation for other events, including use by the public. This
would restore that capacity for other events and the --
COMMISSIONER KOWAL: That's what I mean. So when
they're doing just practice and they don't have an actual game in the
stadium, they could do most of their practices on this field, and then
the stadium is available for other tournaments and other things that
can go on simultaneously?
MR. FINN: I would have to check on that. I don't know
whether they're --
COMMISSIONER KOWAL: Does that sound about right?
MR. FINN: It could be used that way. I believe they -- excuse
me. They're authorized to use the stadium right now for practice?
COMMISSIONER SAUNDERS: Mr. Chairman, could I
suggest that Mr. Moses come to the podium and do this directly as
opposed through the intermediary.
MR. MOSES: Good afternoon, Commissioners. Adrian
Moses, representing Sports Facility Companies as general manager of
the Paradise Coast Sports Complex.
The short answer to the question is when we have these
economic impact events of the weekend, they're using the stadium.
When we have a game in the stadium, that involves -- for FC Naples,
that's going to involve a full day of operations. So now a tournament
that uses nine fields, now we can only use eight.
Restoring this field means that the current capacity of
tournaments that we can have remains the same, and when there
October 22, 2024
Page 117
aren't games, we actually increase the amount of capacity that we
have for tournaments. So we can drive the numbers that came up on
the slide that was shown. We're not going to get any bigger events,
but the events that we have can get bigger, if that makes sense.
COMMISSIONER KOWAL: That was kind of the answer I
was looking for.
MR. MOSES: Okay. Thank you.
CHAIRMAN HALL: Commissioner McDaniel.
COMMISSIONER McDANIEL: Yeah. Just a thought
process. Someday I'd like an updated map, picture of the facility.
We're still using -- in one of your previous slides, you were showing
the location. That slide right there, there's a whole bunch more stuff
in between our park and the utility plant that's out there towards 951.
I'd like to see an updated aerial with the Great Wolf Lodge and its
proximity, the million-square-foot Uline facility that's now located
there, and their -- because if I'm not mistaken, we have parking
access agreements with those two uses, if I recall in the Uline.
MR. FINN: (Shakes head.)
COMMISSIONER McDANIEL: No.
MR. FINN: No. There's a donated property that's utilized as a
grass parking field right now, but they don't necessarily want us using
their parking parking.
COMMISSIONER McDANIEL: Okay. Well, I thought I
remembered somebody saying there was some cross-access or
additional overflow parking in the -- at least in the Uline. I know
the -- I know the Great Wolf Lodge, they pretty much consume all of
their parking just for their facility.
Then, Commissioner Saunders, your comments with regard to
the driving force of this facility for promotion for the community for
hotel rooms, I mean, I did a -- I did a -- I did a visit at the Great Wolf
Lodge last month, and then they were already over 10,000 room
October 22, 2024
Page 118
nights generated just simply off of events that are upcoming from this
park; 3,500 for the balance of this year, and then it was 6,500 room
nights for next year, so...
Now, with regard specifically to Phase 3, are there more
bathroom facilities needed and is the pavilion needed?
MR. FINN: Yes.
COMMISSIONER McDANIEL: Okay. I don't want to,
again -- I mean, ultimately we're going to decide based upon the
Hunden study and such as to what we're -- what we're going to end
up doing with the balance of this property, but I don't want to short it
for -- you know, for 500,000 for a pavilion or a set of bathrooms,
because those are always necessarily going to be needed. But I'm in
support of going forward with the balance of Phase 3.
Does this not also provide for the internal circulation for people
to be able to move from the northern part of the park to the southern
part of all the way through, which isn't capable right now?
MR. FINN: Yes, that's right. It's an important component to
the customer experience.
COMMISSIONER McDANIEL: Right. Well, do you want to
segregate this up into --
COMMISSIONER SAUNDERS: I think it's just easier for us
to --
CHAIRMAN HALL: Yeah. I can segregate it up. I just want
to make a couple comments first.
So the Hunden study's going to show what the economic impact
for tourism would be on Phases 4 and 5.
MR. FINN: As well as -- as well as 3 and the current facilities.
CHAIRMAN HALL: So that's something that's just necessary
to use the TDT monies?
MR. FINN: Yes, sir.
CHAIRMAN HALL: And I'm fine with that. That's all fine.
October 22, 2024
Page 119
The way that I look -- what about the debt that we borrowed
against the tax dollars that we're supposed to pay back? We're
paying back, like, $250,000 a year, and it will be, like, a 40-year
payback. How much money have we got already borrowed against
the tax dollars?
MR. FINN: The dollars you're talking about are an interfund
loan from TDT funds. I think we're in the second year of repayment
at about 500,000 a year. You can rest assured Mr. Johnson and I are
looking hard at that. We probably are going to be seeking to
increase that in the future.
There is another line of thought, and that is, in fact, that those
are TDT dollars, and there may be some other alternatives available
to us. We'll come back with -- if not -- we'll come back at a
minimum in next year's budget with some recommendation on that.
CHAIRMAN HALL: So I guess my point is or my -- the
curiosity is, how are -- what -- out of what fund do we pay back the
TDT money?
MR. FINN: The TDT money, we would pay that back with the
alternate, the other-color TDT money, which is the money that's
flowing into the sports complex construction fund.
CHAIRMAN HALL: So we can pay back TDT with TDT
funds?
MR. FINN: The gentleman standing at the podium says, "Why,
yes, of course, sir." Yes.
COMMISSIONER KOWAL: I looked at the other podium for
a second.
COMMISSIONER SAUNDERS: So did I. I was wondering
what gentleman he was talking about.
CHAIRMAN HALL: I mean, I like that, if we can -- if we can
do that, if we're collecting money from the tourists and we're paying
back the money that we borrowed from the tourists.
October 22, 2024
Page 120
MS. PATTERSON: Ed, maybe you just need to clarify that the
loan came from the beach side, and that's going to be --
MR. FINN: Yes. And the County Manager is, of course,
right. If you think back to the table that Mr. Johnson showed you,
you'll see that TDT is all colored a certain color, and then within that
it has nuance colors. So the nuance of where we borrowed the
money from with beach funds. The nuance for the sports complex
are sports complex funds.
CHAIRMAN HALL: Okay. When I think back to the charts
that Mr. Johnson showed, my eyes crossed. So, no, I'm glad that we
can pay it back with just a different color of money. So that was a
question I had.
Are we limited to 70 percent of the TDT monies for the 9
million?
MR. FINN: That question I'm going to defer to the County
Attorney's Office.
MR. KLATZKOW: Yes.
CHAIRMAN HALL: So can the two -- can the other
30 percent be from other TDT funds?
MR. KLATZKOW: No. It will have to be general revenue.
CHAIRMAN HALL: Okay. So with those figures, you know,
6.3 million out of the 9 million can be done with tourism money. I
love that. But the money that's the taxpayers', the 27.7 million,
based on $300,000 a year in annual revenues, not counting cost of
goods sold, which that would lower that amount anyway, that return
would be 11 -- that would be 11 percent return on our investment,
which is -- that's getting better, because overall it's only a 3 percent,
which is "no bueno."
MR. FINN: And if I may, Mr. Chairman, that question is
probably going to be a little bit more nuanced than that. There are
other sources of funds in the sports complex fund.
October 22, 2024
Page 121
CHAIRMAN HALL: Yeah, I'm just -- I'm looking at the
additional 9 million. And I said before, and I'll say it again, it's not if
we do this, but maybe just not now.
The driving force -- the driving force for tourism, the driving
force for the park existence, the driving force for FC Naples, all of
that, that's done with what we already have existing. That's not
including -- we have all of that without adding Phase 3. We have
eight other fields to practice on other than this one field that we want
to build.
And I'm not going to fight -- I'm not going to fight it, but these
are just thoughts that I have whether we ought to settle some of the
debt, whether -- you know, if it's necessary that we do it now. What
have we incurred to date; 153-plus million bucks in the complex?
If we do Phase 3, what are we going to gain is, I guess, really
my main question? And I'm not going to just belabor it, but I do
want to kind of throw it out there for some comments. Because the
things that we've worked hard for so far, we are getting -- we are
getting tourism for. We've got a world-class facility here, and I
didn't know if Phase 3 was exactly necessary right now moving
forward for a $9 million field and some bathrooms and some parking
that are out there on the west side -- or on the east side.
Commissioner Saunders.
COMMISSIONER SAUNDERS: Thank you.
Mr. Moses, if you'd come on up for just a moment. While he's
coming to the podium, I'm assuming that we can use park impact fees
as part of that other 30 percent.
MS. PATTERSON: Yes, sir.
COMMISSIONER SAUNDERS: And so we're not going to be
digging into ad valorem taxpayers for this -- for that, so that's another
alternative.
CHAIRMAN HALL: That's great.
October 22, 2024
Page 122
COMMISSIONER SAUNDERS: And that's -- the newcomers
are paying those impact fees.
My way of -- to my way of thinking, this Phase 3 is something I
believe is needed for making sure that our professional soccer team
has the facilities that they need when they need them and that our
residents are able to have the ability to use these fields.
So my recollection from the executive summary is that by
having Field No. 9 constructed, that increases the use of the
community by 22 percent.
So I guess the first question is, Mr. Moses, in terms of FC -- in
terms of the professional soccer, is there a benefit to this field -- does
this help enhance your ability to maximize the benefits from our
professional soccer team?
MR. MOSES: I'm sorry. I'm not quite sure I understand the
question.
COMMISSIONER SAUNDERS: Well, I guess what I'm trying
to get at is you have eight fields right now, and we're competing with
the public use. Does this help you managing the facility and the use
of the community as well as the --
MR. MOSES: Absolutely. There's a term that I use,
unfortunately, and every single organization that uses the facility
could be in this room and speak about the challenges that we have in
meeting the demand of the current use that we have. The term that I
use is that we "inconvenience everyone equally." Nobody gets the
field space that they want or need at the moment.
Adding one field, it's very similar to the discussion that was had
earlier about the affordable housing. We've got so much demand for
these fields. These are great strides. An additional field would be
great strides in the direction of being able to meet the need, but it still
doesn't meet the needs, and that speaks more to what -- the reason
why Field -- Phase 4 is important as well.
October 22, 2024
Page 123
Ultimately, the reason why the return on the investment,
Commissioner Hall, is not as high as it should be is because we're
very affordable for our user groups. If we charged similar rates to
comparable facilities around the country, that number would be much
higher. But ultimately, we keep it affordable for our local
programming groups because we want to.
We want to make sure that many people have got the
opportunity to use this world-class facility in their local backyard.
But ultimately, the impact of FC Naples on this field is what I
explained the first time I came up to the podium. The real impact of
this field is increasing the amount of space and time that we can
provide our local sports organizations to play sports.
CHAIRMAN HALL: That's helpful. I never have in my life
made emotional decisions. I've always made financial decisions, so
my brain just goes to ROI and terms like that, so -- but that's a good
explanation. I appreciate that.
So what you're saying is the demand is there. We're turning
people down?
MR. MOSES: Oh, every day.
CHAIRMAN HALL: That makes a difference for me.
COMMISSIONER SAUNDERS: Then, Mr. Chairman, I'll
make a motion to move forward with the staff -- making -- getting us
to the point where we can fund and construct Field No. 9, Phase No.
3, that we proceed with that.
CHAIRMAN HALL: So you're making a motion to go forward
with Phase 3?
COMMISSIONER SAUNDERS: Just Phase 3.
COMMISSIONER KOWAL: I'll second.
CHAIRMAN HALL: All right. Motion and second for
approval of Phase 3.
All in favor, say aye.
October 22, 2024
Page 124
COMMISSIONER McDANIEL: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN HALL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER KOWAL: Aye.
CHAIRMAN HALL: Opposed?
(No response.)
COMMISSIONER SAUNDERS: And then I think,
Mr. Chairman, the other issue that we're dealing with is whether or
not to fund a study to go forward with the potential of developing
Phase 4 and Phase 5. I know there's some question as to whether the
field house should be Phase 4 and the fields should be Phase 5, but I
think that's what the Hunden study will tell us. And I think if we
don't do this study, we have two options. One is to do nothing with
Phase 4 and Phase 5, or to move forward with Phase 4 and Phase 5,
but we're shooting in the dark. And so I think -- I think that we
really -- just from a business standpoint, we've got a $150 million
park. I think we need to spend the $92,000 to have Hunden do an
analysis and tell us, along with Moses -- Mr. Moses and the staff
that's running the facility for us, what's our next step. And so I'm
going to make a motion to move forward with that.
COMMISSIONER McDANIEL: And I'll second it. And I
think -- if I'm not mistaken, we have to do the study before we
can -- before we can spend the -- before we can spend the TDT
money anyway. The study is requisite, and then the TDC -- the
Tourist Development Council's approval and then coming to this
board, those have to be done as a requisite for us to utilize these
funds. So I'm happy with the -- to second that motion --
CHAIRMAN HALL: Motion and second for the deeper dive of
the Hunden study. All in favor, say aye.
COMMISSIONER McDANIEL: Aye.
October 22, 2024
Page 125
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN HALL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER KOWAL: Aye.
CHAIRMAN HALL: Opposed?
(No response.)
CHAIRMAN HALL: That one's done.
MR. FINN: Thank you for the thoughtful discussion,
gentlemen. Appreciate it.
Item #11C
AN AGREEMENT FOR SALE AND PURCHASE UNDER THE
CONSERVATION COLLIER LAND ACQUISITION PROGRAM
WITH SYMPHONY PROPERTIES LLC FOR A 150.0-ACRE
PROPERTY AT A COST OF $4,015,000, FOR A TOTAL COST
NOT TO EXCEED $4,035,150, INCLUSIVE OF CLOSING COSTS
- MOTION TO PURSUE THE PURCHASE OF THIS PROPERTY
BASED ON ASSESSMENT BY COMMISSIONER LOCASTRO;
SECONDED BY COMMISSIONER MCDANIEL – APPROVED
MS. PATTERSON: Commissioners, that brings us to
Item 11C, continued from the October 8th, 2024, BCC meeting.
This is a recommendation to approve an agreement for sale and
purchase under the Conservation Collier Land Acquisition Program
with Symphony Properties, LLC, for a 150-acre property at a cost of
$4,015,000 for a total cost not to exceed $4,035,150 inclusive of
closing costs.
Ms. Jaime Cook, your division director for Development
Review, is here to present or answer questions.
(Mr. Finn left the boardroom for the remainder of the meeting.)
October 22, 2024
Page 126
MS. COOK: Jaime Cook, your director of Development
Review.
So the Symphony Properties is 11 parcels all adjoining with one
another located in the northeast corner of the Belle Meade Overlay
within Collier County. It is north of both the North Belle Meade
Conservation Collier Preserve as well as the Dr. Robert Gore
Conservation Collier Preserve.
It abuts the Miller Canal to its east and is just south of the
Golden Gate Main Canal and Frangipani Avenue. The total property
is 150 acres of mostly upland habitats, including pine flatwoods,
palmetto prairie and, improved pastures. The northern 40 acres is
designated as Rural Fringe Mixed-use District Neutral Lands, and the
rest of the property is Rural Fringe Sending Lands.
The purchase price is 100 percent of the appraised value of the
property, though I will say staff did attempt to negotiate a lower
purchase price.
And the typical management costs are slightly higher than you
see on other properties because there are expanded maintenance and
management activities that staff would propose for these
properties -- for these parcels, to include both listed species habitat.
Gopher tortoises have been identified in the area, and there is a
potential that this could be used as a gopher tortoise recipient site,
including for county projects, such as Public Utilities projects or
Transportation projects. It is also within an area identified for the
Red-Cockaded Woodpecker Recovery Plan.
Additionally, this area and this property would be used to install
trails and firebreaks to help with wildlife management within the
area. And there is potential for public use on this property to include
camping -- there are some cabins on this property -- as well as public
hunts, environmental education, and as I said before, the gopher
tortoise recipient site.
October 22, 2024
Page 127
This property does abut about 115 acres of property owned by
the school board as well, so there may be some opportunities for
interlocal cooperation with the school board for environmental
education activities.
Because this site was used as -- a portion of the site was used as
a shooting range with berms, as well as previous ag activities, an
environmental -- Phase 2 environmental assessment is recommended,
and 10 percent of the purchase price will be held in escrow until that
Phase 2 assessment is done to determine if any remediation is needed.
If remediation is needed, then that would be completed before that
$400,000 would be released.
And with that, staff is recommending approval of the purchase
agreement with Symphony Properties for the 140 [sic] acres for a
cost of $4,015,000, for a total cost not to exceed $4,035,150 inclusive
of the closing costs.
And with that, I'll take any questions you may have.
CHAIRMAN HALL: I have a question that I want you to
answer when you -- so first of all, if we have the Phase 2
environmental and they find a bunch of lead because we had
a -- there was a shooting range there, does that mean that we
automatically have to remediate that, or can we let the animals live
with the lead?
MS. COOK: That would actually be up to the State at that
point. The Department of Environmental Protection regulates all
those remediation activities.
CHAIRMAN HALL: Okay. And then my question for you,
Commissioner McDaniel, you're our Sending and Receiving expert.
So we have 110 acres of Sending Lands, so is that going to -- would
that give us additional value?
COMMISSIONER McDANIEL: It's -- say that question again.
CHAIRMAN HALL: So we have -- there's 150 acres, 40 of it
October 22, 2024
Page 128
is Neutral --
COMMISSIONER McDANIEL: Right.
CHAIRMAN HALL: -- from the RLSA; 110 acres are
Sending.
COMMISSIONER McDANIEL: Sending.
CHAIRMAN HALL: So is there additional value that
Conservation Collier would have with those Sending units?
COMMISSIONER McDANIEL: Yes.
CHAIRMAN HALL: Do you have any --
COMMISSIONER McDANIEL: With generated TDRs. We'd
have to go through the process and generate the TDRs, and then
the -- and then our previous amendment to the Conservation Collier
ordinance would allow the disposition of those TDRs to inure back to
Conservation Collier.
CHAIRMAN HALL: Good. That's the right answer.
COMMISSIONER McDANIEL: Did I say that correctly?
CHAIRMAN HALL: Yes.
COMMISSIONER McDANIEL: I looked at the County
Attorney to make sure I was right.
CHAIRMAN HALL: Go ahead and say what you wanted to
say.
COMMISSIONER McDANIEL: Okay. The shooting range,
do you know what kind of shooting range it was? Was it a rifle into
a berm, or was it a shotgun range? Because the remediation costs
are different for tearing out a berm.
MS. COOK: I believe it was shotgun.
COMMISSIONER McDANIEL: Okay. Those are more
expensive to remediate.
COMMISSIONER LoCASTRO: But isn't it true, I mean, you
only have to remediate it if we were going to turn this into a golf
course or build apartment complexes on it, but if we're buying it for
October 22, 2024
Page 129
Conservation Collier and just preserving it, why would we
have -- and like you said, you have to get that answer, but I'll be
flabbergasted if we have to remediate it. It makes no sense to me.
You know, like I said, if we were going to build an elementary
school on top of this property, yeah, you need remediation or
anything else, but if we're just changing hands of -- you know,
changing owners, and then we're preserving it in perpetuity, I'd be
shocked if we had to remediate it.
MS. COOK: Potentially if we wanted to expand some of
maybe the camping uses and put cabins or something on the property
where the berms were; potentially.
COMMISSIONER McDANIEL: And that gets into the -- to
the Department's decision as to whether the lead content's sufficient
to have to be remediated at all and the public-use aspect. That's the
other thing you have to remember with Conservation Collier. These
become public lands, and access to them by the public. Because
right now it's a private piece of property that private people have
been shooting at, so...
CHAIRMAN HALL: We'll have to sign a "I promise not to eat
the dirt" disclosure.
COMMISSIONER McDANIEL: Don't go there.
MS. COOK: That's what I always say.
COMMISSIONER McDANIEL: Don't go there. Don't go
there.
CHAIRMAN HALL: Troy, do we have public comment?
MR. MILLER: Yes, we do, sir. We have one commenter on
this item.
CHAIRMAN HALL: Commissioner Kowal is first.
COMMISSIONER KOWAL: Thank you, Chairman. I keep
hitting that button late. Actually, there's two, so there's somebody
else, too.
October 22, 2024
Page 130
So think -- as far as you know, it was, like, a skeet and trap
range out there? Do we have any idea how long it existed?
MS. COOK: That I do not know, but you can actually -- it's not
super easy to see in the picture, but this is the berm, and these were
some of the covered areas that people were shooting in -- shooting
from and shooting towards that berm.
COMMISSIONER KOWAL: Some years ago, I know they
took the lead shot out of the shotgun and made everybody use steel
because the birds and waterfowl would eat the lead shot.
COMMISSIONER McDANIEL: And that's only for waterfowl
hunting, not for shooting at the range clay -- sporting clays or --
COMMISSIONER KOWAL: They still use the lead?
COMMISSIONER McDANIEL: Yeah, we still use lead.
COMMISSIONER KOWAL: I was trying to think, if it was 20
years ago, then they wouldn't be putting lead out there. But that
makes sense for the waterfowl. Overthinking it. Sorry.
MS. COOK: That's okay.
COMMISSIONER McDANIEL: No. My -- the -- you tripped
a question with the tortoise relocation facility. Do we have
significant permitting we have to do to turn this into a mitigation
bank to allow us to relocate tortoises or --
MS. COOK: We would have to work with FWC. They'll
come out, evaluate the site, the conditions for gopher tortoises, and
establish the number that we would be able to accept if it were a
feasible site.
COMMISSIONER McDANIEL: Okay. Because that, there
again, is an additional value that -- because I think right now the
private sector's paying 7-, 8- -- 6-? About 6-, $8,000 a turtle,
tortoise, to relocate them. So before you move them from their
home, you've got to go build them a condo. Then you go get them
from their home and put them in their new condo.
October 22, 2024
Page 131
COMMISSIONER KOWAL: What's the density on that
condo?
COMMISSIONER McDANIEL: Depends. Depends on
traffic flow and signals and right-hand turns.
CHAIRMAN HALL: Depends on affordability.
COMMISSIONER LoCASTRO: No parking needed.
MR. MILLER: Your -- I'm sorry. Your only speaker for this
item is Brad Cornell. This will be a preview of his starring role in
the next item.
COMMISSIONER LoCASTRO: Well, let me guess. Brad's
for us buying this property? I'm going to just go out on a limb.
MR. CORNELL: Brad Cornell on behalf of Audubon Florida
and Audubon Western Everglades. And, yes, we are supportive of
this. This is a big parcel, 150 acres. This is the kind of stuff we
want to get. And it's a key parcel because it's part of a -- excuse
me -- a regional wildlife corridor between the panther refuge, your
own Gore Preserve, and the North Belle Meade Sending Lands and
the NRPA lands, the Natural Resource Protection Area lands. So
this is a really -- and also to the south is Picayune Strand. So
amongst that whole region, you know, this is an important -- a big
part of that connection.
And also, as you heard from staff, there's the opportunity to use
some of the existing buildings for regional offices for management,
storing equipment because, you know, there's going to be some
important roles for that to play.
There have been some really intense wildfires in this area
around Frangipani and that part of North Belle Meade and North
Golden Gate Estates. So having control of this to manage the brush
and wildfire and even perhaps do some hydrologic restoration in
connection with other preserves would be a big opportunity for
reducing wildfire risk. So, yes, we're very supportive of this.
October 22, 2024
Page 132
And one other comment. Commissioner Kowal, you were
correct about the waterfowl do pick up lead shot and gravel as, you
know, part of the way they eat and digest stuff, and they don't -- you
know, they're not real smart about staying away from lead pellets,
and so that's the issue with leaving it out there in the wild, especially
when it's accumulated a lot. So thank you.
MR. MILLER: And that was your only speaker on 11C.
CHAIRMAN HALL: Commissioner LoCastro.
COMMISSIONER LoCASTRO: No. I mean, unless anybody
else has any other questions, I'd make a motion that we buy the
property as-is. I mean, I -- like Mr. Cornell said -- and it was kind of
like what I had written here in my notes -- this is what Conservation
Collier was meant to buy.
I like this purchase a little bit more than sort of all the little
puzzle pieces that we hope all connect eventually one day. This is
all connected now. It is in a perfect spot. It's now or never. If we
don't -- if we don't acquire it, it will disappear.
I'm a little concerned about the environmental remediation
because that can be a big number if we do have to do something, so I
don't know if that's -- you know, if the sale is contingent upon us
getting an estimate or something like that. I don't want to be stuck
with some big, giant bill that we have to remediate this because
there's, you know, two picnic areas and three birds that might, you
know, eat some lead shot, and we have to spend millions to -- you
know, and I don't know what state it’s in as far as the quantity.
But, you know, we've been burned before in the county a little
bit with remediation that was way more than what we expected. So I
don't know what your thoughts are, you know, Ms. Cook, on the best
way to work this deal, that we have a first right of refusal if there's
some sort of crazy remediation number or, you know, we have other
funds that we can pull from to not lose the property but still meet
October 22, 2024
Page 133
whatever the requirements are for remediation. What's your
thoughts?
MS. COOK: So we would be able to -- we will see the results
of that Phase 2 assessment. And if the -- if the cost for the
remediation were to be too significant for either us or the seller to
complete, we could walk away from the deal. If that were the case,
the seller would then reimburse the county for the cost of that Phase 2
assessment.
COMMISSIONER LoCASTRO: I mean, that's what I was
hoping you'd say, or we'd restructure the deal. You know, maybe
they don't want to lose out on the deal, and we'd figure out
something, or -- so that -- what you just said is what I'd be, you
know, for.
So I'd make a motion that we follow that advice and then, you
know, have you come back and tell us what the outcome was of the
analysis, unless anybody had anything. So I'll make a motion that
we pursue purchase of the property based on, like you said, the
assessment that we would get back.
MR. KLATZKOW: And, Commissioner, we have 180 days to
get this done.
COMMISSIONER LoCASTRO: Yeah.
CHAIRMAN HALL: Commissioner McDaniel.
COMMISSIONER McDANIEL: We were talking about value
added. The TDRs are still existent for the Sending Lands?
MS. COOK: Yes, sir.
COMMISSIONER McDANIEL: I assume they weren't
stripped already.
MS. COOK: They were not.
COMMISSIONER McDANIEL: Okay. So I'll second the
motion.
CHAIRMAN HALL: Good. We have a motion and second to
October 22, 2024
Page 134
buy the property. All in favor, say aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN HALL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER KOWAL: Aye.
CHAIRMAN HALL: Opposed?
(No response.)
MS. COOK: Thank you.
COMMISSIONER LoCASTRO: Did you just -- did you just
bang on the podium like you were dropping the gavel? Is that what
you were doing?
MS. COOK: I was trying to pick up --
COMMISSIONER LoCASTRO: Did you just do a mic drop
on us? What was that?
CHAIRMAN HALL: Yeah, that was a good deal. That's a
good deal. That's what we're -- that's what Conservation Collier's all
about. I like that one.
Item #11D
A STATUTORY DEED BETWEEN COLLIER COUNTY
TRANSPORTATION MANAGEMENT SERVICES DEPARTMENT
AND THE CONSERVATION COLLIER PROGRAM FOR
APPROXIMATELY 7.51 ACRES UNDER THE CONSERVATION
COLLIER LAND ACQUISITION PROGRAM EXCEPTIONAL
BENEFIT ORDINANCE TO CONSTRUCT A STORMWATER
DRAINAGE POND TO BE USED AS PART OF THE VETERANS
MEMORIAL BOULEVARD EXTENSION PROJECT, AT THE
COST NOT TO EXCEED $1,480,114 - MOTION TO APPROVE
BY COMMISSIONER HALL; SECONDED BY COMMISSIONER
October 22, 2024
Page 135
MCDANIEL – APPROVED
MS. PATTERSON: Commissioners, that brings us to
Item 11D, formerly 16A24. It's a recommendation to approve a
statutory deed between Collier County Transportation Management
Services Department and the Conservation Collier program for
approximately 7.51 acres under the Conservation Collier Land
Acquisition Program Exceptional Benefit Ordinance to construct a
stormwater drainage pond to be used as part of the Veterans
Memorial Boulevard extension project at a cost not to exceed
$1,480,114.
This item was moved at Commissioner Saunders' and
Commissioner LoCastro's separate requests.
Ms. Trinity Scott, Transportation Management Services
department head, is here to present.
MS. SCOTT: Good afternoon. Trinity Scott, Transportation
Management Services.
First of all, I want to give some credit to Mr. Cornell because
several of the graphics from these slides were from one of his prior
presentations at the CCLAC, because I wanted to make sure that
when I'm explaining things, I'm apples to apples. So I have to give
him credit on some of the slides.
Today I have Jay Ahmad and Lorraine Lantz from county staff
as well as our consultant team from RWA and Turrell, Hall &
Associates that have worked on this project for the pond siting since
2021. So it goes back several years of when we just started looking
at pond siting for this.
Just to give a location of where we're at, Veterans Memorial on
the right-hand side of the screen is Livingston Road north/south over
here, is Old 41, and this is U.S. 41. Phase 1 of the project is in red.
That went from Livingston north/south to the new Aubrey Rogers
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High School. That project is complete.
Currently the roadway essentially dead ends at the high school
area. Phase 2 will pick up at that location and continue to U.S. 41.
An important note about taking this all the way to U.S. 41 is the
North Naples Fire Department has a new fire station that actually
lines up with our new intersection as well, so they're hot on my heels
to get this roadway done as quick as possible.
For Phase 1, we did acquire a pond site that is a little larger to be
able to deal with the stormwater in that area, and that is also Basin 1
of the roadway projects. Basin 2 picks up at the railroad and goes
over to Old 41, and Basin 3 goes from Old 41 over to 41, and we've
also already acquired our pond site for that location as well. So we
are in need for a pond in the Basin 2 area.
So we evaluated -- we initially started with evaluating five
different pond sites that were all along the corridor, and then we
actually also evaluated a sixth pond site based on some feedback
through our coordination with Conservation Collier Land Acquisition
Advisory Committee.
Our recommendation is to acquire Pond Site No. 1, which is
located on the south side of Veterans Memorial Boulevard extension
west of the railroad, also known as the Railhead Scrub Preserve.
This project -- or that property was acquired many years ago by
Conservation Collier, and that, through all of our analysis, came out
to be the preferred location.
We worked with the Conservation Collier team members as well
as have been to the CCLAC multiple times to talk about this project.
But just to give a little discussion about meeting the exceptional
benefit, the current railhead preserve does not currently have public
access to the property, and that was one of the things that was noted
when the property was purchased, that the public access would come
once the roadway was built. So we know this roadway is also
October 22, 2024
Page 137
important to them to be able to provide their public access as well.
The proposed compensation, once again, it provides the public
access. We've also offered some wildlife connectivity, $35,000 to
be used on the preserve as well as financial compensation to the
program for the property acquired based on the value of the property
at the time it was acquired, which is just over $1.4 million.
So during our conversations with the Conservation Collier team,
we developed a methodology knowing that we would be evaluating
pond sites within the area. We talked with them and we asked them,
what are your priorities as far as what we should be looking at as far
as impacts. And their first priority were gopher tortoises and scrub
habitat and then finally wetlands. And so we took that into
consideration when we were looking at how we could possibly shape
ponds and things of that nature to help to try to comply with that.
An important thing to note is we have not pursued our state and
federal permitting for this project. This pond site is the last key to
that, so we would be applying for those permits, and so there may be
additional requirements that come out of those permits as we move
forward.
So during our discussions with the Conservation Collier team,
we talked to them about did they want parking locations for the
public, restroom facilities, and additional access other than the
sidewalk, and the common theme with -- from the staff perspective
was those amenities created a larger impact to the site, and so they
would prefer not to have that. And, in fact, the team worked with
Aubrey Rogers High School and has at least a small number of
parking places that are available at that location for folks. Once we
build our roadway project, they'll be able to walk over to the railhead
preserve.
Another key item, when we were talking at a staff level, was
continued coordination throughout key milestones throughout the
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project. And one of those things that came up in those discussions
was a desire to utilize the sand that's within the right-of-way to be
able to restore some of the areas that had been degraded, if you will,
based on some ATV use out in the area. And we said, absolutely, if
you want to take the sand out of the right-of-way before we start the
project, we're fine with that. So those were just some of those
conversations of us, you know, trying to work through those things.
So the exceptional benefits petition, there is an exemption in the
guidelines that conveyance in the interest of public lands where
affected program lands will benefit by providing public access where
there was previously no reasonable public access. Currently, there is
no reasonable public access other than the parking. There is no
sidewalk that goes to all three of the parcels.
We went to the CCLAC back in April. In our initial
conversations with the CCLAC, they recommended 7-0 to endorse,
recommend approval for the exceptional benefits petition. They had
a few conditions. One was that the compensation should be greater
than the fair market value for the lands, and at that time the appraisal
had not been completed.
At the meeting, we committed to a minimum 18-inch diameter
connection at grade between the north and south program lands, and
they asked that we would continue to work with them through our
permitting process as that kind of materialized, and I'll show a picture
of kind of what that was envisioned to maybe look like.
And we also proposed $35,000 of additional compensation that
could be based -- could be used for program -- anything that they
wanted to do on the preserve area.
So there was some additional feedback that we got regarding a
maintenance access area, and then -- which resulted in our acreage
changing a little bit after they had initially taken their action. And
we also received the appraisal.
October 22, 2024
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So we went back to the CCLAC once again. In September, it
was a unanimous approval of the exceptional benefits petition with
the following recommendations: Once again, that they would be
compensated at the current value of $2.9 million, not the original
purchase price as proposed. They wanted additional wildlife
crossing. They felt like what we had proposed was insufficient.
And they wanted the $35,000 that we had proposed to be based on
hard estimates.
And the discussion with the $35,000 was -- it was based about
perhaps they wanted to maybe fence a portion of their property.
I went backwards, sorry. I haven't been up here all day.
So I'll break down a little bit about the compensation for our
property. In our current practices with Conservation Collier, you see
these as they're coming forward in the Board that we are noting this is
in a potential area where we may need to be putting a roadway in the
future, and so we have an agreement that we would purchase the
property from them based on their purchase -- their original
acquisition costs.
So back in 2007, the acquisition cost was a little over
$10.65 million, which equates to about $192,000 an acre. That's
what we are proposing paying. That comes out to $1.445 million.
We did do two independent appraisals as required by the program,
and the average of those of two appraisals for the property in today's
market value was $2.9 million. Currently, the property has no
conservation easements on it, so it is developable property. That's
how we had to appraise it, so...
And some of the other feedback that we received was to
purchase additional program lands as an exceptional benefit from
CEMEX. Currently, it's my understanding that these properties are
in the Target Protection Area list. I don't believe that they're a
willing seller at this point. And we would be very difficult to utilize
October 22, 2024
Page 140
eminent domain from a roadway perspective to purchase additional
program lands, and it's my understanding that Conservation Collier
doesn't use eminent domain for purchase. So is that a great idea?
Perhaps it is, but not on the table today.
In addition, there's been some discussions with regard to,
perhaps, utilizing the FPL site as either a portion or for the pond site
in lieu of utilizing program lands. There is an existing drainage
ditch on the FPL property that would have to remain separate from
our stormwater features, as well as FPL needs a clear area for their
trucks to be able to operate.
And the Water Management District requires a minimum of
100 feet in width for our pond sites. So that really doesn't allow us
to be able to utilize the FPL site either.
We did also do another comparison to a sixth pond site that I
mentioned at the beginning, which is actually east of the pond site
that we're proposing to acquire and also still within program lands.
But I go back to that methodology that we agreed to with the
Conservation Collier team at the beginning where they said gopher
tortoises, scrub habitat, and wetlands. And really the big difference
between these two parcels is the amount of wetlands. Parcel -- Pond
No. 6, which is the alternative pond site, has about four acres of
wetlands versus the pond site that we are proposing, which is half of
that, about two acres.
And I'm sorry to belabor this, but I really want you to know that
we really did take into consideration the comments that we got, and
really we tried to find another alternative or anything else that we
could do.
One of the discussions that we've had at the CCLAC
meeting -- and unfortunately, we didn't have a visual. But one of the
things that we have offered to the program is to build a crossing for
the gopher tortoises to go across the street. And it's not just as easy
October 22, 2024
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as throwing a pipe down. It has to be vented. There has to be a
grate, if you will, to allow for airflow and light; otherwise, they don't
want to utilize it, I guess.
So on the bottom we have two pictures of what it could look
like, and we'll refine that as we go through our permitting process
with our permitting agencies. But we have committed to being able
to do some sort of gopher tortoise crossing to allow those tortoises to
cross from the north to the south.
What's shown on the left is actually something that was used in
Wisconsin, and it has a little fence that kind of directs them in that
area.
COMMISSIONER LoCASTRO: Can I -- Trinity, can
I -- Mr. Chairman, I just -- while you're on this slide.
CHAIRMAN HALL: Go ahead.
COMMISSIONER LoCASTRO: So this crossing for the
tortoises, was there any discussion to make the crossing larger so that
more animals -- is that coming up?
MS. SCOTT: Next slide.
COMMISSIONER LoCASTRO: Okay. I haven't seen these
slides, so I'm just thinking out loud.
MS. SCOTT: So this would be for the small tortoises -- or, you
know, they're not really -- they're not super small. They're not a box
turtle. So there was also discussion about a large wildlife crossing.
And we have some concerns about that. And these are some of the
examples that were given.
In Ocala, there is a land bridge that is utilized. It is a pathway,
if you will, during the day, and a -- and a --
CHAIRMAN HALL: A pathway at night.
MS. SCOTT: A wildlife crossing at night.
The cost of that in 2000 was over $3 million, and that
included -- it had -- as you can see on the right, it has a lot of
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vegetation that's associated with it and all of that.
The other concern that we have with an overpass is, obviously,
that has to taper down into program lands, so now we're impacting
more program lands and gopher tortoises than what we had originally
anticipated as well.
Our conceptual plans, just looking at a functional overpass not
including landscaping, acreage impacts, additional right-of-way, is
over $4 million additional if we were -- if we were going to move
forward with that.
COMMISSIONER LoCASTRO: Trinity, why not just take that
gopher tortoise tunnel and just make it bigger so bigger --
MS. SCOTT: Next slide, sir.
COMMISSIONER LoCASTRO: Oh, geez. I wasn't cheating,
really. I've never seen these. Just shut up and let her talk? Is
that --
COMMISSIONER McDANIEL: I didn't say that, but okay.
MS. SCOTT: You're thinking the same way how I laid it out,
so --
COMMISSIONER LoCASTRO: Just go to that -- go to that
final slide then if -- don't show us the stuff that's undoable. I don't
need to see a $10 million wildlife crossing that we'll never approve.
MS. SCOTT: So this is an option of an underpass. Once
again, I have to give Mr. Cornell credit, because these came -- these
slides came from his prior presentation.
So when you do an underpass, now I have to raise the road up,
and now that is very concerning from an elevation standpoint of the
roadway and is going to require additional right-of-way acquisition,
not only from the program lands, but also from private entities as
well as it may not be doable based on the railroad property.
So -- and we'll talk about BERT at the end, so -- which is the rail
property. But right now that property has not been acquired, and
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we'll talk about why it hasn't.
But -- so with the underpass, the roadway would have to be
elevated to be able to accommodate that, which would mean we
would need additional right-of-way along the program lands as well
as this private property owner right here. So this would entail,
perhaps, relocating additional gopher tortoises that are within that
area.
COMMISSIONER LoCASTRO: I've got a question.
MS. SCOTT: And that overpass --
COMMISSIONER McDANIEL: We're all scared to ask
questions now, so...
COMMISSIONER LoCASTRO: I'll wait.
CHAIRMAN HALL: Next slide.
MS. SCOTT: The cost of that is approximately $2 million.
And this just shows where -- the grades that we would perhaps have
some concerns with, and that brings -- back to this private property.
This is the property line for Conservation Collier. We would have
some concerns in this area where we would now having -- be
required to go purchase additional property from a private property
owner.
The red over here is the railroad as well. And when you look at
the railroad, this would be the slope to be able to come back down
within the railroad property here. We would really have to work
with the railroad to see if that's something that would be allowable by
them. And I say that. I know that they don't operate. I know they
haven't operated in forever, but as long as they own that property,
they're going to tell us what we're going to do and what we're not
going to do on that property, and even a crossing -- we would be
required to build a full-on railroad crossing even though we know
that rail doesn't run there today.
So this slope could pose some issues with them. We would
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really have to work with them, and this is moving that crossing as far
east as we can, so -- to try to minimize the impacts that we would
have to the railroad.
So some of the things that we heard from the CCLAC through
the public comment and even meeting afterwards with Mr. Cornell
were there was some concerns about, you know, bear sightings, and
that's one of the reasons that they were -- desired to have this wildlife
crossing.
So over the last five years, this is the number of black bear
sightings that have been within two miles of Veterans Memorial.
The reason I chose five years is because that's what we're going to
have to look at from our permitting. That's what they're going to ask
for. So it wasn't just some miraculous number that we pulled up.
And certainly back in 2019, there were a lot more sightings.
And last year, in 2023, there were 14. What I can't tell you is that
it's 14 individual bears. It could be one bear that was seen 14 times.
I don't know that, but I do know that there were 14 that were called
in.
We have committed to working through our required permitting
process, and we're going to comply with what the state and federal
agencies tell us that we have to do for the road. If Conservation
Collier is interested in an enhanced -- perhaps they're interested in
building the overpass. It might be a good thing that they want to do.
I mean, we're certainly willing to work with them if they'd like to do
that with their program funds.
And finally, let me hit on the Bonita Estero Rail Trail, because
we heard several times in public meetings that we weren't
coordinating with this. What I can tell you is I'm the lead person
from the county coordinating this, so, yes, indeed, it's been
coordinated.
Where we are at with the acquisition of the rail, the Trust for
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Page 145
Public Lands entered into their agreement February/March of this
year. They have two years to come together to come up with
$82 million to acquire this property. It's not an easy lift.
We don't have all of the agencies on board with this. I know
Lee County's been a little hesitant on it. I think that they're softening
up a little bit to it, but we have been working together to try to apply
for grants. We have been working together for legislative
appropriations to be able to try to essentially buy down this number.
But really, the rubber's going to meet the road, if you will, in -- about
a year now, a little over a year, of having to come up with
$82 million, and if that doesn't come out, we still have to deal with
the railroad.
What I will tell you, I have worked very closely with the Trust
for Public Lands. I talked to them on my way home last night. If
this property is acquired, how they -- how Trust for Public Lands is
proposing to acquire it is by rail banking. Rail banking means that
you must keep that corridor available in the future to be able to run
rail. So if you are going to put something in there, you can't put
something in there that's going to preclude them from being able to
run rail in the future. So what I would tell you is, I don't want to put
a permit-required over- or underpass within that rail corridor, because
if the railroad or a railroad wants to come in in the future, they can
tell me to get that out, and now I'm not complying with permit
requirements.
So perhaps call me risk averse. That's one reason why I don't
want any type of crossing within the rail corridor that couldn't come
out in the future.
There are ways that we would get paid back for that in the
future, of course, but I've gone one step further with the Trust for
Public Lands and asked them if they would be willing to negotiate
with the railroad corridor to allow us, if all of this can come together,
October 22, 2024
Page 146
if we can get our section as fee simple.
The railroad's really probably never going to intend to run down
this far south. So if we can get our section fee simple, then that
opens up some opportunities to be able to perhaps have parking and
restrooms and things like that that could provide those facilities to the
Conservation Collier area in areas that have already been disturbed.
That is yet to be determined, but it is something that I asked about
very early on in this process, because I'm not super-duper jazzed
about rail banking. I'll do it if we have to, but I'd really like to own
that in fee simple.
And lastly, let's talk about where the $35,000 came from. The
$35,000 number was based on the property that we're impacting,
which is the one shown in green, and if there was a fence that was put
across it. That's $35,000 based on FDOT's estimates. The numbers
over to the right show the remaining parcels owned by Conservation
Collier as part of this preserve and what the FDOT estimated cost for
fencing would be.
I don't have to remind anyone on this dais, particularly
Commissioner Hall, this roadway is probably the one roadway that I
get hit with of "When is this road going to be built" more than any
other road? I think Commissioner Hall probably gets hit with it just
as much as I do. I think he asks me probably every two or three
months, "When's that road going to be built, Trinity?"
It is a huge time saver, not only time, but also vehicle miles on
the road. This is just a quick -- it's 7.7 miles to get around. And if I
would go back to the bear sighting map, there's been bears that have
been sited in all of those areas. So this really is an important
connection to our roadway network. It's going to provide public
access to the preserve lands that haven't had public access in over 20
years, since we acquired it.
So that's where we're at today. What our recommendation is is
October 22, 2024
Page 147
for the Board to approve the petition; that we would -- with the
following commitments: That we're going to provide a public
roadway to be used for public access to the program lands both east
and west of the railroad; compensation for the 7.51 acres at the
original acquisition cost of $1.445 million; that we will commit to a
minimum connection -- minimum 18-inch in diameter set-at-grade
connection between the north and south public lands to be further
refined through our permitting process; a financial contribution of
$35,000 to be used at the preserve; and continued coordination with
our Conservation Collier partners. We want them to be included in
key milestones throughout the project; find the petition meets the
criteria set forth in the ordinance; approve and authorize the
Chairman to execute the statutory deed; and approve and authorize
the compensation, the associated fees, and the additional
compensation.
With that, if you have any questions, I have a whole team.
CHAIRMAN HALL: Commissioner Saunders.
COMMISSIONER SAUNDERS: Thank you, Mr. Chairman.
I asked this to be pulled off because I wanted to give some of the
environmental folks an opportunity to make their pitch as to why
there should be some other alternative, but I think you've been so
very thorough in your analysis. I want to thank you for that. I'm
not sure what the other folks will be able to say, but I'm looking
forward to listening to the other side of this.
CHAIRMAN HALL: Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes. A couple of things.
Number one, we're excavating -- will put the picture up where you're
showing the pond site.
MS. SCOTT: I'm going to get carpal tunnel.
CHAIRMAN HALL: Next slide.
COMMISSIONER McDANIEL: Yeah, next slide. Does
October 22, 2024
Page 148
Conservation Collier -- is the dotted yellow line the railroad track?
MS. SCOTT: Yes, sir, it is.
COMMISSIONER McDANIEL: Okay. Does Conservation
Collier own land on both sides of that railroad track?
MS. SCOTT: On the south side, yes, and on the north side,
only on the east side.
COMMISSIONER McDANIEL: Only on the east side. Now,
my question is -- and I'm just talking -- why are we looking at this
location as the pond site and not over here on the east side of the
railroad track?
MS. SCOTT: So it's in a different stormwater basin for the
roadway, as well as the wetland impacts.
COMMISSIONER McDANIEL: Okay. And then number
two, why did we do this irregularly shaped pond? Is that to avoid
wetlands that are in the northeast southern corner of that tract?
MS. SCOTT: Also to avoid gopher tortoises.
COMMISSIONER McDANIEL: Okay.
MS. SCOTT: So there's some gopher tortoise dots, if you will,
in that northern section of that. So we're kind of narrow, and then
we kind of bulb out. But we're at kind of our minimum of what we
can go to for the Water Management District.
COMMISSIONER McDANIEL: Well -- and my question
was -- I mean, at $6,000 a tortoise in relationship to mitigation
expenses for the wetlands that are included in this pond site, I mean,
did anybody look and actually -- did Tim go -- did you go count the
turtles? Oh, she did, okay.
So did we do an analysis to determine the -- the cost associated
with the -- because there are wetlands that are included in this pond
site --
MS. SCOTT: Yes.
COMMISSIONER McDANIEL: -- that are going to have to be
October 22, 2024
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mitigated.
MS. SCOTT: I am -- I'm going to defer. I'm going to phone a
friend on what analysis they did on how much they think we may
need for gopher tortoise relocation and such, and with the two acres
of mitigation.
COMMISSIONER McDANIEL: Let's phone our friend.
How's Mr. Hall?
MR. HALL: Well, thank you. Good afternoon. For the
record, Tim Hall with Turrell, Hall & Associates.
We did look at that. As Trinity said, one of the early
conversations with Conservation Collier was to kind of get their
priority levels. So while moving the tortoises may be a cheaper
option from a financial standpoint, given the priority that
Conservation Collier put on that and the reason that that -- a big
reason why those properties were purchased was for the protection of
gopher tortoises, we skewed the location of the pond to actually
impact more wetlands so that we could avoid the high-quality scrub
and the gopher tortoises that were there.
There's some peripheral ones. I believe the number that we're
going to have to excavate if we did it today would be six tortoises,
and at $6,000 apiece, that's about 63,000 [sic].
If you relocated the pond site to avoid all of the wetlands, you'd
probably be looking at in the neighborhood of 20 tortoises. So the
tradeoff between the lower-quality wetlands and the tortoises was
really similar financially for doing that, and by avoiding the tortoises,
we tried to abide by the Conservation Collier's desires to really
protect that tortoise habitat.
COMMISSIONER McDANIEL: Okay. Very good. Thank
you, sir.
In the actual -- in the actual excavation itself, there's different
qualities of sands. What's going to happen to the dirt that comes out
October 22, 2024
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of the pond?
MS. SCOTT: We'll -- if it's suitable material, we will reuse it
for the roadway.
COMMISSIONER McDANIEL: Okay.
MS. SCOTT: That's what we do with all of our projects. We'll
do soil borings and such ahead of time. And if it's suitable material,
we will reuse it.
COMMISSIONER McDANIEL: I just wanted to hear that. I
hope that it is --
MS. SCOTT: You trained me.
COMMISSIONER McDANIEL: -- because those sands that
are on top are a white sand that are preferential to the tortoises and
for habitat, and if we're buying that other 150 acres, it might be
something that we can utilize somewhere else.
Let's talk about the railroad a second.
MS. SCOTT: Uh-huh.
COMMISSIONER McDANIEL: I heard you say that you
wanted to acquire fee simple on that railroad right-of-way. Why
would you not allow for -- if you get fee simple on it, you'll mess
with the whole banking instrument for the railroad itself.
MS. SCOTT: Not necessarily. It's just something that we
have thrown on the table as an option with the Trust for Public Lands.
And I go back to what would we perhaps maybe want to utilize this
for? And what it could be is, maybe we're rail banking down to the
roadway, and doing fee simple south of Veterans Memorial could be
some sort of combination. What I was actually trying to do is
connect the program lands on the south side and not have that
railroad corridor within the middle of it and allow them to have an
opportunity to maybe perhaps, if they wanted to do restrooms, if they
wanted to do a parking area, that was in at least the disturbed area
without having to disturb more program lands in the future.
October 22, 2024
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So it's something that we have thrown out there for the Trust for
Public Lands. Nothing is definitive at this point. And it -- at least
in my conversations with Mr. Hattaway, is it really wouldn't change
the value of what we would be paying.
COMMISSIONER McDANIEL: Okay. Are we going to be
able to acquire their segment of the railroad right-of-way to complete
the road? Because you can do all you want with the acquisition of
pond sites and negotiating with Conservation Collier and all, but if
you can't get that swath of --
MS. SCOTT: We will not be acquiring it in fee simple
if -- unless the whole rail corridor gets purchased, or rail banks;
however, there is a process to go through. I think they called it a
leasing agreement with them to where we will enter into an
agreement with the railroad. They will tell us that we have to pay
them X number of dollars for that. They will tell us that they want a
crossing built, as part of our project, and we will say, okay, and we'll
move forward.
And we've had some additional conversations with them, and
they understand that we're kind of waiting to see what's going on with
the acquisition, but also if we receive our permits and are ready to go,
then we're going to go ahead and do our agreement with them with
the stipulation -- this is what I have disclosed to the Trust for Public
Lands as well as in our conversations with the railroad -- anything
that we pay to the railroad today I expect to get a credit for if we
wind up acquiring this six months after we're -- after we've gotten
that licensing agreement; that I'd like a credit for that. I don't want
them to take money from us today, and then Trust for Public Lands
gets all the $82 million and can buy the whole corridor.
COMMISSIONER McDANIEL: So you get a credit from the
Trust.
MS. SCOTT: Correct.
October 22, 2024
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COMMISSIONER McDANIEL: Not from the railroad.
MS. SCOTT: Right. So they would get their $82 million, and
we would get our -- we would get our credit. And those are
conversations that Mr. Hattaway and I have had very openly through
this acquisition process.
COMMISSIONER McDANIEL: So it could go conversely as
well. I mean, if we get ours first and they do come through, then we
could have a cooperative agreement with them just to make sure that
the bike path/railroad banking was, in fact, in place, because nobody
really knows what's going to happen with -- the rail banking I like
because at some stage someone's going to figure out how to build an
aboveground light rail that could be huge to lift the burden
for -- especially for regional transportation purposes.
So having that right-of-way from a rail banking
perspective -- building a set of tracks on a rail system that isn't going
to ever be -- necessarily, ever be used as an on-ground rail is
counterintuitive to me. But the rail banking is important for
assistance with our regional transportation.
MS. SCOTT: And for us, whether we own it fee simple or
whether we rail bank, we would still be in control of that corridor.
So if someone wanted to run a rail in the future overhead, we could
still allow that because it would still be county-owned properties.
COMMISSIONER McDANIEL: Right.
CHAIRMAN HALL: Troy, how many public speakers have
we got?
MR. MILLER: We have 11, nine here in the room and two on
Zoom.
CHAIRMAN HALL: Okay. Then let's go ahead and take a
court reporter break, and we'll come back at, what, 4 o'clock?
MR. MILLER: Three o'clock.
COMMISSIONER KOWAL: I was going to say, 4 o'clock is
October 22, 2024
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longer than our lunch hour.
CHAIRMAN HALL: Three o'clock.
(A brief recess was had from 2:44 p.m. to 3:00 p.m.)
MS. PATTERSON: Chair, you have a live mic.
CHAIRMAN HALL: Thank you. We're on to public
comment.
MR. MILLER: All right. Mr. Chair, your first speaker is Brad
Cornell, followed by Andy Wells-Bean. Brad has been ceded time
from six additional speakers.
Juliette Gross, please raise your hand.
(Raises hand.)
MR. MILLER: Thank you.
Necia Siegert. I hope I'm saying that right.
(Raises hand.)
MR. MILLER: Thank you.
Tessa Tilden-Smith.
(Raises hand.)
MR. MILLER: Also present.
Jeanene Jewitt.
(Raises hand.)
MR. MILLER: Here.
And JoAnn Janny.
(Raises hand.)
MR. MILLER: Here.
And Lori Beall?
(Raises hand.)
MR. MILLER: That is a total of 21 minutes, and I need to get
his slides up real quick. Forgive me. That's the right one, isn't it,
Brad?
MR. CORNELL: Yes. So I am trying to negotiate here.
COMMISSIONER McDANIEL: We're all here. Go ahead.
October 22, 2024
Page 154
MR. CORNELL: Okay. Good afternoon. I'm Brad Cornell
here on behalf of Audubon Western Everglades. And I appreciate
the opportunity to address you on this. And I also appreciate your
pulling this onto the discussion agenda. This has already been a
really helpful discussion. I appreciated hearing staff's presentation,
and I look forward to more discussions with staff and with you-all.
And first I want to clarify that as we look at this -- let
me -- there -- we are not here to oppose building Veterans Memorial
Boulevard extension. That's not why I'm standing here. That's not
the purpose of this discussion. It's not to oppose the road.
The issue is that there are -- in the exceptional benefits petition
before you today, there are three unresolved conservation issues.
First, there's a lack of exceptional benefits to the stormwater pond
proposal as required by the exceptional benefits ordinance; second,
there's destruction of 7.51 acres of rare habitat in the Railhead Scrub
Preserve for a road stormwater pond; and third, there's a lack of
adequate large and small animal wildlife crossings to protect
motorists, high school students driving before dawn, and state and
federally protected wildlife.
First, let's look at the lack of required exceptional benefits.
There are several aspects of this problem. Access is needed for sure,
and it's been held off because we've been waiting -- the program has
been waiting for this road. So while that could have been addressed
previously, we've been waiting for this moment in time.
But the Veterans Memorial extension plan does not provide any
but roadside sidewalks, there is no parking lot, there's no vehicle turn
lane. There's no trailhead, no restrooms.
Second, we're going to require -- this project is going to require
a significant Conservation Collier expense to install and maintain
fenced roadway frontage. And remember that the fencing is going to
have to make sure that gopher tortoises cannot burrow underneath the
October 22, 2024
Page 155
fence. It's not just a regular chain-link fence. If you look at the
Naples Preserve next -- just south of the mall, that kind of fence is the
kind of fence that we're going to need to keep gopher tortoises off the
road.
Third, gopher tortoise relocation permits and monitoring
expenses, which are very expensive, are a part of this.
And fourth, this petition is noncompliant with the exceptional
benefits ordinance on providing compensating funds, land, or public
access. And the last thing is that it destroys the 7.51 acres of rare
high-quality upland pine, rare oak rosemary scrub, and mature
cypress habitats.
This is a picture of the trailhead facilities for Gordon River
Greenway. And it's not outlandish, but there's restrooms, there's
some signage, handicapped parking, regular parking, not a whole lot,
but enough to get you going and serve the public's needs.
Here are several other reasonable and effective measures to
provide true exceptional benefits. You could buy the parcel that's
adjacent on the south that's in the target protection mailing area list.
By the way, also the railroad itself is on that target protection mailing
area list, if I'm not mistaken. For that very purpose that Trinity had
talked about, maybe we could, you know, unite the two sides of the
southern part of the preserve. And that parcel that we're talking
about is what Trinity showed that's on Wiggins Pass Road. I'll show
you a map of that in the next slide.
You could build access facilities on Veterans Memorial
Boulevard itself from the sidewalk with the parking and trailhead.
You could fund road fence installation and maintenance, which is
going to be a couple of hundred thousand dollars, much more than
the 35,000. We could collaborate on the rails-to-trails project, and it
sounds like Transportation and Trinity have made some really
important progress in the discussion about strategies to make this
October 22, 2024
Page 156
happen.
You could use excavated scrub sand for restoration of ATV
eroded areas. That's the value of that unique white scrub sand is that
ATVs for decades have been trespassing on this land and have eroded
huge, many-feet-deep areas that need to be restored. And finally, a
provision of a wildlife underpass for large mammals and another one
for small mammals that would be in the west.
The parcel currently owned by CEMEX, this is the access parcel
that's on the Target Protection Area list off of Wiggins Pass Road,
has that red arrow pointing to it, and this could serve for habitat
protection and host public access facilities like you saw for Gordon
River Greenway, and it also could double as a point of access for the
rails-to-trails project.
Regarding the proposed Pond Site No. 1, which is the proposed
seven-and-a-half-acre pond for the road on the preserve which
destroys scrub and wetland habitats, Audubon Western Everglades
has identified several alternative less impactful pond sites, including
the area on this map shown with orange outlines which was not
evaluated in the 2020 RWA engineering report, the pond siting study.
This site is about six and a half acres, and as was mentioned, it does
have some wetlands on it; however, these wetlands are the same kind
of wetlands that are in the pond site immediately to the east of that
that are south of Mediterra and across the street from Aubrey Rogers
High School. So they built the pond for Phase 1 there and will use a
portion of that -- half of that site for Phase 2.
So they're the same kind of relatively low-quality wetlands.
That's the kind of -- those four acres and that six and a half acres are
within that orange triangle. Those are much less valuable than the
area in Pond Site 1 which has scrub, cypress, and pine flatwoods.
The other advantage to this site is that it consolidates Phase 1
and Phase 2 stormwater ponds in one location. And when you read
October 22, 2024
Page 157
the RWA report, that is listed as a really important management and
cost-saving efficiency criterion, to consolidate the stormwater ponds
in one place rather than spread them all over the map.
It also provides a vital buffer to possible wildfire threats to
Mediterra, which is immediately to the east. Additionally, Brent
Setchell with FDOT, District 1, he's an engineer, we talked to him
about this issue, and he said regarding the interbasin stormwater
issues -- you know, there's a Basin 1 and Basin 2 on either side east
and west of the railroad, and the Water Management District
normally wants you to have a pond in each basin. But Brent Setchell
said there's flexibility in the way stormwater pond siting and
construction and the way they're sited on the land is done. So we
would suggest that that flexibility -- this is a great place to use it in
order to avoid impacting a higher-quality habitat area.
Brent Setchell also suggested the FPL easement as an
alternative, and that's shown with orange outlines. That was
dismissed by RWA due to capacity concerns that AWE, Audubon
Western Everglades, believes should still be investigated, and that
could at least lessen the pond side needed elsewhere.
And, by the way, that FPL easement is about 100 feet wide, if
I'm not mistaken. And while it does have an existing ditch on it, if
you look at the ditch along 846 going out to Corkscrew Swamp
Sanctuary, there's a 240 kV transmission line that goes along there.
Those lines are all right in the ditch.
COMMISSIONER McDANIEL: That's a canal, not a ditch.
MR. CORNELL: Well, it's big. Yes, you don't want to drive
into that.
COMMISSIONER McDANIEL: Nope.
MR. CORNELL: And then often, especially where the cypress
is, has a lot of water in it right where those poles are. So FPL does
have some flexibility in terms of the configuration. Another place
October 22, 2024
Page 158
you could see that kind of flexibility is along Livingston Road and
FPL's easement there.
So Setchell and we are suggesting that there could be flexibility
in using some of that. It would be about three, three and a half acres
of that FPL easement.
So this is a picture of a black bear taken this summer in June
right at sunset. You can see the really nice lighting, and that bear's
walking right where the road is going to go. That's right in the
middle of the right-of-way, and it also happens to be right where
we're recommending a crossing, an underpass.
The third issue, of course, is the lack of any functional wildlife
crossing in the project despite the long-term presence of deer, black
bears, and bobcats and state-listed gopher tortoises and federally
threatened Eastern Indigo Snakes, which are assumed to be there.
This is the habitat that they like. The crossings are needed also for
motorists' safety.
This document -- to document the significance of this, this
is -- this is a larger picture of a smaller one that Trinity had shown.
These are five years' worth of bear calls to FWC within two miles of
the railhead scrub, which is in blue on this map.
So, again, we don't know if these -- this is one bear that's gone
to, you know, 50 places or this is 20 bears, we don't know. And if
you don't -- if you don't tag them, if you don't have GPS tags or radio
telemetry collars on them, it's hard to know that. But, clearly, bears
are in the area. They're using this -- and this is a key part of that
wildlife corridor.
And this map shows that there -- the two wildlife crossing sites
that Audubon Western Everglades recommends, one in the west in
the part west of Old 41, and then the purple -- that one's in blue. The
purple one is what Trinity had zeroed in on that we had discussed
with Dr. Dan Smith from the University of Florida, who is a
October 22, 2024
Page 159
well-renowned biologist who specializes in wildlife transportation
conflicts and how to mitigate those.
And so this is -- he supports a crossing at this location. We had
toyed with the idea of an overpass, but that's too expensive. It works
in certain settings, but you need high ground on both sides, and we do
have high ground, but I think the expense would be prohibitive, so an
underpass is what we're looking at here, a 6-by-10 box culvert with
ledges for animals to cross during storm periods when there's
inundation in the bottom of the culvert. And so this is something
that has worked elsewhere in the county.
Here's an aerial of that site with the red arrow showing the
location, and on the right side of that picture, of that slide, is a
LiDAR image showing the high elevation of that.
And this is just a clip of the same area from a recent elevation
study that engineers did just not even a year ago showing that this
area is up to 22 feet in elevation. So this is a high pile of sand. This
would have been the place to be during Milton.
And this is a close-in. I think this is the one that Trinity had
shown, and you can see this is the corner of the county preserve
property. It's very, very high sand. You can see the descent into the
eroded area. I also want to point out that all those yellow dots, if it
wasn't clear, those are all gopher tortoises burrows, so it's a
prominent element of this --
COMMISSIONER McDANIEL: Can I ask a quick question?
Those are identified burrows, but are they --
MR. CORNELL: Yeah.
COMMISSIONER McDANIEL: -- one burrow per tortoise
or --
MR. CORNELL: No. Unless you dig them out, which is kind
of counter to protecting tortoises.
COMMISSIONER McDANIEL: Right.
October 22, 2024
Page 160
MR. CORNELL: You could scope them with an endoscope,
kind of like is used in medicine --
COMMISSIONER McDANIEL: Right.
MR. CORNELL: -- to find out, but that's invasive too. So
they -- FWC's formula is to estimate 50 percent are occupied. So
you divide by two and get your number of estimated tortoises.
COMMISSIONER McDANIEL: Gotcha, okay.
MR. CORNELL: And here's an example of a very functional
large-animal underpass. This is 846, Immokalee Road, at Camp
Keais Strand. Camp Keais Strand is the Big Cypress slough that is
just east of Corkscrew Swamp Sanctuary. Not too far from where
Commissioner McDaniel lives. And it's -- you can see a bear just
about to go under that. And I want to point out also you can see
fencing on top of that. That's an important part of making these
things work.
Here are two more. These are wider. The one on the left is Oil
Well Road at Camp Keais, so this is south of there. But it's an
8-by-24 box culvert. And the one on the right is a two-lane 846 arch
culvert that's east of Immokalee. So this is 846, but east of
Immokalee going over towards Hendry County.
And one other point I want to make about crossings is you can
put ledges on these things to mitigate the problem that water would
pose during wet season or storms when it would be inundated.
Large animals go through the water anyway, but gopher tortoises
would need something like this to make it useful.
And this is the overpass, the Florida land bridge that Trinity
showed. I'm not putting it here because I think this is what we need
to do, because it will be too expensive. I'm just saying that
everybody across the country is looking for ways to mitigate the
conflict between our ever-increasing roadway and transportation
networks and wildlife corridors. If we want to have grizzly bears,
October 22, 2024
Page 161
black bears, cougars, you name it, wolves, we've got to figure
out -- deer, elk, we've got to figure out a way to get them across these
roads and not get killed and not hurt ourselves as well.
I want to make a note about state and federal permitting.
Gopher tortoises are state listed as threatened, Eastern Indigo snakes
are federally listed as threatened, and there are possible other species
on the pond site. Wetland impacts must be minimized. Alternative
pond sites and wildlife crossings are obvious means to address these
impediments to permitting Veterans Memorial Boulevard. And also
stormwater management systems generally have alternatives and can
be flexibly accomplished, and South Florida Water Management and
FDOT both confirm that, you know, flexibility is an important
strategy for getting these done.
Transportation Management Services Division, in conclusion,
has submitted a petition that currently does not meet the ordinance
requirements for exceptional benefit in Policies 4.02 and 4.03, either
in land or funds, at current value. So Policy 4.02 specifies values
must be current market values. Policy 4.03 says the exceptional
benefits shall exceed 100 percent of the current value in either land
and/or funds. So having that parcel acquired from CEMEX could be
part of that.
Also, the transportation petition does not meet the ordinance
exemption, Policy 5.01, as the project does not provide public access
as proposed. And what you see, again, is the kind of access we're
talking about.
Finally, the transportation petition does not meet all the approval
criteria of the ordinance, Policy 3.06. On Policy B, there is a viable
and reasonable alternative site for this pond, and on C, there is lesser
quality land that meets the project needs. Also, habitat is being
fragmented by the project, by the road, and the pond and the road are
the same project, which wildlife crossings could mitigate.
October 22, 2024
Page 162
So Policy D, there are no exceptional benefits from access funds
and/or land, but that could be remedied. And the last one, E, the
project will adversely affect state and federal listed species, gopher
tortoises and Eastern Indigo snakes, at least.
Audubon Western Everglades recommendations are to deny this
current petition because it does not meet the criteria and direct that it
be revised in order to meet those criteria. Direct staff to develop
pond site alternatives with less impacts to rare and vital listed-species
habitats, a primary option that we recommended was not evaluated
by the 2020 RWA study.
Second, incorporate two wildlife crossings under the Veterans
Memorial Boulevard in strategic wildlife and motorist safety
locations, and you saw those on the map.
And finally, consider exceptional benefit additions, including
vacant -- the vacant CEMEX parcel off of Wiggins Pass Road that
offers parking, trailhead and rails-to-trail access options, and also
saving the scrub. And by the way, on that railway, when you look at
it, it's got 30-foot trees growing right in the middle of the railroad on
both sides of what would be the, quote, crossing for a train to come
through. That is not going to be used as a railroad anymore and has
not, clearly, and everybody knows that. But nevertheless, we have
to do what we have to do.
That's it. Thanks very much. Appreciate you attending to our
recommendations.
MR. MILLER: Your next speaker is Andy Wells-Bean, and he
will be followed by Michele Lenhard.
COMMISSIONER McDANIEL: Andy left.
MR. MILLER: Then Michele Lenhard will be next, and she'll
be followed on Zoom by Amber Crooks.
MS. LENHARD: Good afternoon, Commissioners. Michele
Lenhard from Conservation Collier. Thank you for the opportunity
October 22, 2024
Page 163
to address you today. I thank you also for moving this to a
discussion portion of the agenda, and I also thank Audubon of the
Western Everglades for the very detailed presentation. So my
comments are more broad.
One of our early acquisitions, Railhead Scrub Preserve, protects
some of the last remaining scrub habitat in this county. The unique
features include, as we've discussed, dense populations of gopher
tortoises, large mammals, and rare plant species not found anywhere
else in the county. The preserve provides a refuge in a rapidly
changing urban environment.
The preserve management plan anticipated the extension of the
Veterans Memorial Boulevard between the north and south parcels
and has provided guidance to the county for many years, and I quote,
"Fencing in conjunction with a wildlife underpass suitable for large
mammals with a raised shelf design for wet season inundation is
recommended to be incorporated into the design plans for the
Veterans Memorial Boulevard extension to preserve connectivity for
wildlife between the parcels, reduce wildlife collision risks, and the
public utilizing the roadway."
Transportation Management Services Department has been
aware of this requirement to address this connectivity issue during the
design and planning phases for this road. There would be a wildlife
crossing in place regardless of this added requirement of the
exceptional benefits ordinance, and I think that's an important point
here, that this is required anyway regardless of the Conservation
Collier land being used. Transportation is responsible for planning
transportation facilities and roadways, pathways, and bike facilities,
as you all know.
CCLAC carefully reviewed the position -- petition during its
September 11th meeting and at that point didn't feel it met the
threshold any longer, as I sent in an e-mail to you in more detail.
October 22, 2024
Page 164
Public access to the property can be achieved once the roadway
is complete; however, the petition failed to meet any other criteria as
outlined in the e-mail and, therefore, did not provide an expectational
benefit to the program.
Compensation for the pond site at that point was reduced from
market value to original purchase price, and this was to follow
changes in deeds which were made since we purchased the HHH
property in November of '22 and included language to exempt
transportation from the exceptional benefits ordinance, which I think
is a concern. Railhead was purchased in 2004 and 2007.
The 18-inch pipe set at grade level is insufficient to meet
wildlife crossing and pedestrian needs. As we've discussed, the
$35,000 does not address capital improvement requirements.
So in closing, I would say this argument and discussion is all
about balance, balancing two important programs, a roadway that is
much needed, as well as our conservation land, which is highly
valued. And I thank you for your time.
MR. MILLER: Your next two speakers are on Zoom. First,
Amber Crooks, followed by Gordon Brumwell.
Amber, I see you're unmuted. You have three minutes. Please
go ahead.
MS. CROOKS: Great. And you can hear me all right?
MR. MILLER: Yes, ma'am.
MS. CROOKS: Wonderful.
Hi. I'm Amber Crooks. I'm with the Conservancy of
Southwest Florida, and we want to first acknowledge and appreciate
the commissioners for adding this item to their regular agenda.
I have visited the railhead scrub on one of your Conservation
Collier special events that was hosted and viewed the sunrise over the
preserve. It's absolutely breathtaking. And this land, now part of
Collier County's public trust, is special because of its overall purpose
October 22, 2024
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to conserve the increasingly rare scrub habitats and their imperiled
plant and animal habitants.
Scrub habitats themselves are rare and endangered with over
90 percent of these type of ecosystems lost across the state of Florida
largely due to development. Gopher tortoises and their commensal
species, which can be up to about 350 different species, from snakes
to bugs, that also use the burrows, are plentiful there are rail head,
and we understand that larger species like bobcat, deer, Florida black
bear are also present.
Given this, we would recommend, as you're hearing from
additional speakers as well, an underpass that is of a larger size than
is proposed. An 18-inch pipe is not sufficient to protect the species
present on site and to treat the preserve with the type of care and
consideration it deserves.
Bear crossings in other part [sic] of Collier County, thinking
around State Road 29, for example, are up to eight feet tall and
24 feet wide, and it is our understanding that for deer, for example, a
height of about seven feet tall would be more appropriate for that
species, not 18 inches. Is that really the best that can be done here?
In listening to Trinity's presentation, I believe in some of the
specs that she was -- you know, an 8-by-24 dimension for the wildlife
underpass, you know, that is the gold standard --
(Zoom cut out.)
MR. MILLER: I still see her there. Oh. You cut out for a
second, Amber.
MS. CROOKS: Oh, I'm so sorry. Can you hear me now?
MR. MILLER: Yes, ma'am.
MS. CROOKS: Of course. Right when I'm giving my
presentation, I'm getting an "Internet unstable" notification.
So let me just back up here for a quick moment.
We were talking about bear crossings being up to 8-by-24 feet
October 22, 2024
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wide. For deer, perhaps seven feet tall. We're not looking at
18 inches.
And so my point here was just perhaps to look at a smaller
underpass that is 6 or 7 feet tall and 10 feet wide and see if that
resolves some of the issues that we heard in the staff's presentation.
Additionally, in scrub habitats, in areas where there are gopher
tortoises as the primary focal species, elevated roadways and span
bridge crossings with that gopher tortoise fencing have been
employed to help ensure that the tortoises do not enter the dangerous
roadway.
We understand that the CCLAC committee has advised that the
proposed smaller crossing is insufficient, we agree, and that the
financial compensation does not meet the goals of the Collier County
program language.
We'll be looking to see how the state and federal agencies deal
with the underpass question, and we understand you haven't received
any feedback yet from them.
As we have seen recently with the proposals to intensify uses --
CHAIRMAN HALL: Hey, Amber -- Amber, that's your three
minutes. Thank you so much.
MR. MILLER: Gordon Brumwell is your final speaker.
Gordon, you've been asked to unmute yourself, if you'll do that
at this time. Gordon, I see you're --
MR. BRUMWELL: Can you hear me now?
MR. MILLER: Yes, sir. You have three minutes.
MR. BRUMWELL: Hi. Gordon Brumwell, biology Ph.D.
Inbreeders, marrying your sister, none of this stuff works out
well. Same for tortoises. Some consider a minimum viable gopher
tortoise population as about 250 on 250 acres of high-quality habitat.
Railhead and the population west of Old 41 has maybe 224
tortoises divided into two separate populations on less acreage. So
October 22, 2024
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this is probably iffy relative to inbreeding, and that's without a
highway dividing them into four separate populations.
Roads are for commerce. Animals need commerce, too.
Genetic commerce.
So please install multiple wildlife crossings including for the
bear. Fourteen called in means there's more.
The pond. Gopher tortoise habitat should be prioritized over
wetlands, so please consider the potential pond site kitty corner to the
school or ask FPL to work with you in their right-of-way. It doesn't
hurt to ask.
You've asked us to not simply complain but to provide possible
solutions. Here's one. Wherever the pond goes, please make it
smaller. The petition says we've spent money on other pond sites to
decrease the pond size but now we're parsing four burrows versus a
few square feet of swamp?
Ponds took us as far as they could. Now, let's use the project's
footprint. Preliminary ideas show at least 22 feet of sidewalk and
bike lane width that could pull double duty as permeable surface.
From the school to the preserve's west edge, that is at least 1.6 acres
of stormwater management in the road's footprint.
Now, lock aggregate void beneath permeable paving won't hold
as much as water column, but it will hold a lot and I believe will also
slow the rate at which the rest goes to the pond. Both of these allow
for a smaller pond. Bioswales with aggregate water storage beneath
barreling the road through less-rare habitats would store even more.
Maybe Conservation Collier would give you a discount on that
less-rare habitat.
I'm literally asking one of you to approach the idea of asking
modern engineers if this 1.6-plus acres would significantly reduce the
pond's size. We are the stewards of the imperiled tortoise. This is
an appropriate project to go the extra mile with. One point six acres
October 22, 2024
Page 168
is just sitting there waiting to be used. Maybe more.
Please discuss. Thank you, and I'll take questions.
MR. MILLER: That was your final public speaker of the day,
sir.
CHAIRMAN HALL: Any discussion?
Commissioner LoCastro.
COMMISSIONER LoCASTRO: Trinity, so why don't you
come back to the podium and tell us why Brad's wrong. No. I
just -- I say that tongue in cheek. But Brad -- the most important
slide that I thought Mr. Cornell put up was the one that was A
through E. I mean, that was the summary of everything he had to
say.
So really, you know, I'd just like to hear your comments as to is
there an equal medium somewhere in the middle? Is, you
know -- what he said, does it have merit? You know --
MS. SCOTT: I'm watching --
COMMISSIONER LoCASTRO: -- respectfully, do you want
to -- do you want to, you know, disprove some of that or, you
know -- or, you know, the proposal is maybe this needs a little bit
more discussion. We haven't -- and I'm not proposing that, but these
are things I want to hear from you.
MS. SCOTT: I'm going to ask Troy to bring up A through E on
Brad's presentation.
MR. MILLER: I'm being asked by the County Attorney to put
up something different.
MS. SCOTT: Oh, gotcha.
MR. MILLER: Give me just a second.
MS. SCOTT: I don't recall off the top of my head the A
through E.
Okay. So the first one is with regard to the pond site being
within a different drainage basin.
October 22, 2024
Page 169
COMMISSIONER LoCASTRO: Yeah.
MS. SCOTT: So from an engineering standpoint, I can
engineer anything. You know that. You worked on an Air Force
base. You know that. It's just how much you want to put into
things. But on the other side of the railroad, one of the challenges
we have is the outfall. So it's not just about where the pond site is,
because as we talked in your office about something different, my
water just doesn't stop there and evaporate. It has to go through a
treen (phonetic) to be able to ultimately get out.
And that area outfalls down through Imperial, which has -- as I
see the former stormwater director, now our County Manager,
shaking her head, is a challenged outfall area. So we have to look at
those areas as well.
Purchasing additional property, I don't have a mechanism to go
eminent domain a non-willing seller; that was the CEMEX property.
Furthermore, the right-of-way from Wiggins Pass doesn't even
connect there. It dead ends into the CEMEX plant. So there would
be a gap in even having public access. We would have to come all
the way down the railroad corridor to be able to get to this parcel
that's being identified. So that's another issue with it.
COMMISSIONER LoCASTRO: This is the slide, and you're
starting to answer the question. So when he says B, "There is a
viable and reasonable alternative site for this pond," you disagree?
MS. SCOTT: Correct.
COMMISSIONER LoCASTRO: There's another option, which
is not untrue, but it's not -- like you said, we can do anything for
money. It presents things that -- where the juice might not be worth
the squeeze, like I always say.
MS. SCOTT: And I go back to when we originally started this
process, and we were looking all the way throughout the corridor, we
sat down, we talked with the Conservation Collier team members and
October 22, 2024
Page 170
said, "What are your priorities?" Because if we can, you know,
move away from some of your priorities, you know, wetland was one
of their priorities. So the section -- and I get it. Whether it's not
good-quality wetlands or not, it's still two acres versus four acres of
wetland that we would be impacting. And that's one of the main
reasons, between that and the basin going, you know -- and being in
the correct basin.
Let's talk the wildlife crossing. There was a statement made
that it's a requirement. It's not a requirement. No one knows what
our permitting agencies are going to require. Why? Because I
haven't applied for a permit yet.
So their crystal ball is as good as our crystal ball with regard to
that. We have committed to what we think is a minimum crossing
knowing that the gopher tortoises -- and by the way, that's not
anything we've ever done on a project before. That was
something -- realizing that we had properties on the north and south
and the turtle population, if you will, that we wanted to think outside
the box and try to do something different.
If our permitting agencies say that they want something more
robust, we're going to do that. We do that on all of our road projects.
But when you start looking at an underpass, Mr. Cornell talked about
fencing is really important. I don't own all of that property along
that corridor. I have a private property owner that's in a PUD
immediately adjacent to me between the Conservation Collier
properties and the high school.
Now I have to deal with I'm going to fence off their property?
How do they gain access? Those are things that we would then
consider and have to work through.
What I'm telling you is is that I still have a long permitting
process to go through. This project is not permitted by Conservation
Collier. It's not permitted by Collier County. It's permitted by the
October 22, 2024
Page 171
state and federal agencies, and that's who we'll go through. We will
work with them. We will provide all the data that they want
to -- that they want us to analyze. We will look at everything, and
we will work with our permitting agencies and do what we need to do
to get our permits.
COMMISSIONER LoCASTRO: On his map where he
showed -- and I forget what slide it was. But there was a slide where
he was showing other proposed areas. Can you, you know,
summarize again why those aren't acceptable alternatives?
Maybe -- is it that one? There was one that had the orange -- yeah, I
think it's this one.
MS. SCOTT: So from a tortoise perspective and from the
habitat -- so remember I talked about the prioritization that we sat
down and talked with Conservation Collier personnel before we
started, what are your priorities? Tell us what is your top priority.
Their top priority were gopher tortoises, the second was scrub habitat,
and the third was wetlands.
So it really comes down to that third criteria. Pond Site 1 is
about two acres of wetland impacts. Pond Site -- what we call 6
because we started out with 5, and we added 6 after the team talked
with the CCLAC -- and they actually sat down with Brad as well.
That was why I was able to give you the feedback. We talked with
them a few months back. But the difference is the wetland impacts.
It's two acres versus four acres of wetland impact. So Pond Site 1 is
less wetlands.
I'm going to go back, if I can, to find his -- I think that was at the
beginning.
MR. MILLER: Is that what we were just looking at?
MS. SCOTT: No, the one that had the A through E on it.
MR. MILLER: Oh, that's near the end.
MS. SCOTT: Okay. There.
October 22, 2024
Page 172
So no exceptional benefit from access funds and/or lands. Once
again, we sat down with the staff ahead of time and said, "Do you
want a parking area? Do you want a restroom facility? Let's see if
we can work that in." And the feedback that we got was no, that
they didn't want to have additional impacts to the program lands and
that they felt that sufficient public access was the sidewalk.
We sat down -- I mean, it's not that we didn't try. We sat down
with them. But if they tell me it's not something that they want, then
it's, you know, not something that we're going to go out and go do.
That would impact additional gopher tortoises and additional species.
And I don't disagree that the roadway project is going to have to
contend with state and federal listed species, and we will go through
the appropriate permitting process to be able to get our necessary
permits to be able to build the roadway. I mean, it's -- that criteria is
virtually -- virtually impossible to contend with because, one, they
wouldn't buy the property if it didn't have some sort of environmental
value, and you can't put a project on it and not touch any -- you
know, not touch a blade of grass, if you will.
So it's virtually impossible to meet that. We know that there
are listed species there, and we'll work through our permitting
agencies with regard to that.
I would also note -- there was some discussion about the FPL.
So let's talk about the difference between FPL when they're in their
own corridor on their own property versus FPL in my right-of-way.
And I say "my right-of-way." It's collectively our right-of-way.
So when FPL is in our right-of-way, we are the king and queen.
And when I want to go deal with FPL in their right-of-way, they are
the king and queen. And they're not always the easiest to deal with
with regard to that. We're dealing with that now on Pine Ridge Road
with the jug handle and trying to work with them about having to
move -- move poles and things like that. They may have additional
October 22, 2024
Page 173
things that they want to do within this corridor that's not going
to -- where they're not going to want a pond site in there.
So it's not just a, yeah, it's done. Not necessarily. And like I
said, they're king and queen when it's their road -- when it's their
property.
I was looking to see if I had anything else in my notes.
CHAIRMAN HALL: Let's see what Commissioner McDaniel
wants. Were you finished?
COMMISSIONER LoCASTRO: Yes.
COMMISSIONER McDANIEL: You ready for me?
CHAIRMAN HALL: (Nods head.)
COMMISSIONER McDANIEL: Okay. Why again is the
pond site combination with the triangle up there on the -- not a good
idea other than being in a separate basin?
MS. SCOTT: Wetland impacts as well. So not only do I have
to look at the basin and look at the challenges that I will have with
the outfall for that -- that specific basin, but I'm also looking at the
criteria. It's the difference between -- based on our analysis, it's
about four acres of wetland impacts versus two acres of wetland
impacts in Pond Site 1.
COMMISSIONER McDANIEL: Right. But no tortoises?
And --
MS. SCOTT: The other one had minimal tortoises as well.
From a tortoise standpoint, it was -- from the first two criterion that
we received from Conservation Collier.
COMMISSIONER McDANIEL: I said "no." You know, the
triangle had three dots on it --
MS. SCOTT: Yeah.
COMMISSIONER McDANIEL: -- which means a tortoise and
a half, per Brad's population estimator.
CHAIRMAN HALL: Six.
October 22, 2024
Page 174
MS. SCOTT: And I think was -- ours were just a few, so it was
maybe, you know, three or four.
COMMISSIONER McDANIEL: And in our pond site, I think
there was -- Tim said there were six relocations.
MS. SCOTT: So nominal.
COMMISSIONER McDANIEL: What are you doing? What
are you --
MR. MILLER: I'm trying to find what Mr. Klatzkow wanted
me to put up there.
COMMISSIONER McDANIEL: Okay. Let's not do that
while we're talking, and we'll hunt him up if you --
MR. MILLER: That's why I stopped.
COMMISSIONER McDANIEL: Would you put Brad's things
back up there for me, please. I'm sorry. It just was flipping around
in my peripheral while I was trying to maintain some kind of focus.
I'm running into counterintuitive thought processes here, Trinity.
I didn't have this until today. Who at Conservation Collier are you
talking to, is our consultants talking to, that are offering up what I
perceive to be as counterintuitive statements? As an exceptional
benefit, we can provide access to a Conservation Collier piece of
property. "Well, no, we don't want public access. The sidewalk
will be sufficient because we don't want the additional impacts of the
public access."
MS. SCOTT: It's not that they don't want additional impacts.
They want the public to be able to go there, but when you start
putting a restroom facility and you start putting a parking lot, now
those -- the measles map I like to call it, the dots, there's more of
them that are impacted. And so this was staff under Jaime and I.
We actually started when the program was over in Parks and Rec
having these conversations. So that should tell you how long ago
these conversations started and we started this process.
October 22, 2024
Page 175
COMMISSIONER McDANIEL: And that brings me to my
next point, or my next thought. You haven't even applied with the
agencies yet. Why would we be negotiating with staff from 10 years
ago on their wants and needs for the program -- let me finish -- when
you haven't even applied to the agencies yet to find out if a -- because
this whole discussion about a wildlife crossing or 10 might be moot if
you get dictated, "You want your road, you put in a crossing," period,
the end. So why wouldn't we go to the agencies, get the requisites
from the agencies from the state and federal level, then come back?
And it may placate -- Jaime's making --
MS. SCOTT: It starts with the stormwater piece. And so I
need to kind of know where my stormwater is going to go, because
that's the permit I'm going in for, so my 404. I need to know what
my wetland impacts are, all of those. You don't just look at one part
of it. I'm going in for the whole permit.
COMMISSIONER McDANIEL: Don't you have to go --
MS. SCOTT: So if I can't get this property, then I have to go
find a different pond site, or I'm coming back to you and saying, "I'm
sorry, Commissioners. I can't build this road."
COMMISSIONER McDANIEL: Let me give you a different
thought process. You can have this pond site. Go get your permit
for the road and then -- and then put the pond site here, and then we'll
know where the wildlife crossings are going to be and what size they
are and whether we have to fence or not.
MS. SCOTT: We have committed to that all along, that
we -- we have to go get permits. These conversations are going to
be had but the -- what I have is, I have an advisory committee that is
attempting to put permit-level requirements on roadway without
having had those conversations with the permitting agencies. We're
saying if the permitting agencies say "do the wildlife crossing," we're
going to have to figure it out.
October 22, 2024
Page 176
COMMISSIONER McDANIEL: That's correct. But -- and
again, the County Attorney was sharing with me probably a better
way of saying what it is that I'm talking about. But it feels like I'm
negotiating against myself. I don't want to negotiate against myself.
At the end of the day, it is this Board of County Commissioners that
makes this decision. The CCLAC is an advisory board. Your staff
are advisors to this Board of County Commissioners.
So why argue about a wildlife crossing or not? Why argue
about the size, shape, and color of a wildlife crossing or not? You
can have this piece as your pond site. Go get your permit for the
road, and then we'll worry about the wildlife crossing size, shape, and
color.
MS. SCOTT: Commissioner, that's where we were. That's,
from a staff perspective, where we are.
COMMISSIONER McDANIEL: So what are we arguing
about?
CHAIRMAN HALL: We're not. We're trying to make a
motion and second and approval.
MS. PATTERSON: Commissioner, this was on -- this was on
the consent agenda and was brought to the regular agenda to give the
environmental community a chance to voice their continuing
concerns. We were at where we are and where we need to be with
this pond with no other viable choice but to site the pond and get the
permits.
CHAIRMAN HALL: Here's the deal: I've got taxpayers
screaming at me for a road, and I want to make a motion to approve
this as it is. You go get your permits. Whatever they say, whatever
the requirements are, we'll do those, and we'll -- hopefully by 2028
we have a road connected to Highway 41.
COMMISSIONER McDANIEL: I got a dollar that says you
don't do it by then.
October 22, 2024
Page 177
CHAIRMAN HALL: I'm not going to take the bet.
COMMISSIONER McDANIEL: Okay.
CHAIRMAN HALL: I've been here two years. So I made the
motion to approve.
Commissioner Saunders.
COMMISSIONER SAUNDERS: Yeah. I thought I was
confused when we started, and now I'm a whole lot more confused.
But I just want to ask you a question about the pond sites.
MS. SCOTT: Uh-huh.
COMMISSIONER SAUNDERS: And I don't have the diagram
up here, obviously. But you have a pond site that you've sort of
selected because it has less impacts on tortoises, and it's less of an
impact to wetlands. They're suggesting a different pond site that will
impact four acres of wetlands and will impact a few more tortoise.
COMMISSIONER McDANIEL: Less tortoises.
COMMISSIONER LoCASTRO: Less tortoises.
COMMISSIONER SAUNDERS: Less tortoises.
CHAIRMAN HALL: Less tortoises, twice the wetlands.
COMMISSIONER SAUNDERS: Okay. So this is my -- and
that raises my question.
COMMISSIONER KOWAL: In the wrong basin.
COMMISSIONER SAUNDERS: Okay. I understand wrong
basin and --
COMMISSIONER KOWAL: The outfalls --
MS. PATTERSON: There's a huge -- that is a huge issue for
Imperial. We faced it with the school when we were trying to deal
with the stormwater.
COMMISSIONER SAUNDERS: Right. So that location is
not really a viable location?
MS. PATTERSON: No.
COMMISSIONER SAUNDERS: All right. I'm going to ask
October 22, 2024
Page 178
the question anyway in terms of -- because now I'm curious about
why would we really care whether it's two acres or four acres of
impacts to wetlands?
MS. SCOTT: It just goes back to --
COMMISSIONER SAUNDERS: If everything else was equal,
would it make any difference?
MS. SCOTT: I have to be able to permit it, obviously, but it
goes back to what we -- when we were sitting down with
Conservation Collier in the beginning and we're trying to minimize
impacts. They don't -- you know, they would like me to have no
impacts. Figure out how to build a -- how to have a pond site that
has -- doesn't impact the tortoise, doesn't impact any of that. So that
was the difference between those two, plus taking into consideration
the fact that I know that there's outfall issues on the other side.
COMMISSIONER SAUNDERS: I'm just asking a question
now because I'm curious --
MS. SCOTT: Yeah.
COMMISSIONER SAUNDERS: -- as to if we weren't
worrying about the outfall -- and I know that we are. But if we
weren't, would it make any real difference if it was two acres or four
acres?
MS. SCOTT: It costs more money for mitigation.
COMMISSIONER SAUNDERS: All right. That's all. I just
was curious.
CHAIRMAN HALL: Commissioner McDaniel.
COMMISSIONER McDANIEL: We have an -- do we know
what the mitigation costs are on the proposed pond site?
MS. SCOTT: Jay was just whispering, it's about $250,000 per
unit for wetlands, and then, as Tim had talked about earlier, if we
have to relocate tortoises, it's about $6,000.
Now, what I will tell you is Conservation Collier also asked if
October 22, 2024
Page 179
we would work with them about possibly being able to keep them on
site, if possible, because you don't want to break up a tortoise family,
and if they can do that based on their population, we'll do that. I
mean, certainly I don't want to have to put them in a tote and haul
them to Hendry County. I don't do that, by the way.
COMMISSIONER McDANIEL: Did you ask FPL if you could
encroach on the right-of-way? Yes or no?
MS. SCOTT: No.
COMMISSIONER McDANIEL: Okay.
CHAIRMAN HALL: Finito?
COMMISSIONER McDANIEL: Yeah. I think I am. I'm -- I
mean, it's --
CHAIRMAN HALL: Once again, staff's gone through
extensive -- extensive work on this. We need the Veterans
Memorial thing. I've made a motion to approve it as it's written, and
I have yet to get a second.
COMMISSIONER McDANIEL: I'll second it.
CHAIRMAN HALL: Now 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: Opposed?
(No response.)
CHAIRMAN HALL: Moved.
MS. SCOTT: Thank you.
COMMISSIONER McDANIEL: Boy, that was stressful.
Item #11E
October 22, 2024
Page 180
A REQUEST FOR A TOURISM IMPACT STUDY FOR THE SUN-
N-FUN LAGOON IN THE AMOUNT OF $38,000 AND MAKE A
FINDING THAT THIS EXPENDITURE PROMOTES TOURISM -
MOTION TO APPROVE STUDY FOR MAINTAINING COUNTY
AQUATIC PARKS BY COMMISSIONER MCDANIEL;
SECONDED BY COMMISSIONER LOCASTRO – APPROVED
MS. PATTERSON: Commissioners, that brings us to
Item 11E. This is formerly 16F6. It's a recommendation to approve
a request for a tourism impact study for the Sun-N-Fun Lagoon in the
amount of $38,000 and make a finding that this expenditure promotes
tourism. This item is brought to the agenda at Commissioner -- off
of the consent agenda at Commissioner McDaniel's request.
Commissioners.
COMMISSIONER McDANIEL: And here I am.
MS. PATTERSON: Yes, sir.
COMMISSIONER McDANIEL: And I'm not arguing with this
discussion. I wanted to have a discussion with my colleagues up
here on the Board.
Would it behoove us to engage with Hunden to do a greater
study than just one study on one water park that we're having issues
with, one aquatic center that we're having issues with?
I have a thought process in my brain that has -- we are more or
less orienting away from operations that we're not good at. We have
a 90-, 80,000-, 90,000-square-foot private indoor aquatics center now
that was not in our world 20 years ago when Sun-N-Fun was built.
Is there -- is there a dire need to repair Sun-N-Fun and bring it back
up to what it was, or can we do something different with it, not have
the lazy lagoon, not have the slides that are in disrepair? Just have a
swimming pool and not have an aquatics center like we have been
October 22, 2024
Page 181
moving to be -- to be building?
And my thought was, rather -- when this -- when this came up,
this is a good idea to do, but my thought was, I think we have six or
seven aquatic centers throughout the community.
MS. PATTERSON: Five.
COMMISSIONER McDANIEL: Five? We know we're going
to keep three of them. We're going to keep the one in Immokalee,
because of its remote location. We know we're going to keep the
Donna Fiala's Eagle Lake facility because it's the second newest, and
we know we're going to keep Big Corkscrew.
After that, why don't -- why don't we do a study on the -- on
Sun-N-Fun and the one in Golden Gate and make a determination
then as to -- as to what we're going to do? Or is somebody on here,
on this board, stomping their feet want to fix Sun-N-Fun?
CHAIRMAN HALL: I got a lot of people stomping their feet
wanting to fix Sun-N-Fun.
"Commissioner, why did you close Sun-N-Fun?"
Well, number one, I didn't.
COMMISSIONER McDANIEL: No, you didn't.
CHAIRMAN HALL: We had to because of the -- just a bad
deal. Now that deal's gone, and we've got to step in.
So here's the way -- I love the thought process, but here's the
way that I think about it. If I have apartments and I'm at 50 percent
occupancy, the value of those apartments are not very much. There's
only 50 percent people living in them. If I fix it and I get it to full
occupancy, now my value is a lot higher.
Right now we've put out a feeler to the private -- to private
business. It would be in our best interest to private partner -- to
private-public partnership this water park because we're not good at
it. So my thoughts are, let's get it operational. It's -- geez, it's
80 percent there. All the infrastructure, all the pumps are rebuilt.
October 22, 2024
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We just need a -- we need a drain in the lazy -- in the lazy river. The
lazy river is a fun function. It's cooling in the summertime to jump
in there. We need some stairs welded and some paint done and a
few other things done, and we're operational, back to, like,
100 percent.
Now, when we get that done, that may be appealing to
somebody that would like to come in and say, "Hey, we'll operate this
for you and -- as a private-public relationship." But they don't want
to have to come in and put the capital in to fix it because of -- it's not
their asset. It's ours.
So, yes, I would like to see this thing finished with all hands on
deck, all resources available. We're talking, what, $800,000, John,
to get it fixed? Eight- or 900,000 bucks is all? And it's -- with the
study, we can use tax dollars -- tourism tax dollars.
COMMISSIONER McDANIEL: I think you're off a little bit
on your estimate.
MR. McCORMICK: Yeah, it's much more than that.
CHAIRMAN HALL: Well, total it was, but there was
something -- there was something about 8- or 900,000 to get the
stairs finished?
MR. McCORMICK: Yeah. For the record, John McCormick,
director of Facilities.
Yeah, we talked about an $800,000 cost to prepare [sic] the
stairs, get that operational.
CHAIRMAN HALL: Right. That's what I was thinking of.
MR. MILLER: Is this the right one?
MR. McCORMICK: Yes, it is.
CHAIRMAN HALL: So we're not talking about -- and that's
what the study's for. We've got to get the study out of the way so we
can use tourism tax dollars to get it fixed.
COMMISSIONER McDANIEL: What's the cost to replace the
October 22, 2024
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slide? The slide's dilapidated.
MR. McCORMICK: There are some engineering estimates
right there.
COMMISSIONER McDANIEL: Is this not an $800,000 fix?
CHAIRMAN HALL: No, the stairs. It was $2 million total,
2- or $3 million total. We talked about it last January when this
came up.
COMMISSIONER McDANIEL: Five.
CHAIRMAN HALL: Anyway, it's tourism dollars we could
use --
COMMISSIONER McDANIEL: I understand.
CHAIRMAN HALL: -- to get it fixed.
COMMISSIONER McDANIEL: I understand, but it's
$5 million to fix it.
CHAIRMAN HALL: I'm not going to argue about the money.
That's fine. There it is, 47.8.
COMMISSIONER SAUNDERS: Mr. Chairman, I've got my
button pushed.
CHAIRMAN HALL: Sure. Go ahead.
COMMISSIONER SAUNDERS: I wanted to mention a couple
things. First of all, we did appropriate money in 2017 for this very
purpose. The money's in the bank.
COMMISSIONER McDANIEL: Say that again.
COMMISSIONER SAUNDERS: In 2017, we appropriated
money for this very purpose, and that money's still in the bank.
MS. PATTERSON: That's part of the bond issue.
COMMISSIONER McDANIEL: Okay.
COMMISSIONER SAUNDERS: So funding is not an issue.
We have two parks that you mentioned, Golden Gate and Sun-N-Fun.
It's one thing to build a park. It's another to tell a community you
might be closing it down. And so I would object to any
October 22, 2024
Page 184
recommendation that we do a study to determine whether or not we
should keep these parks open.
So I'm just -- I want to make it clear that you even put that out
there, you even have that study conducted, you're going to have the
whole community wondering why their park -- why their facility's
going to be closed. So I'd rather not us -- not have us go down that
path.
COMMISSIONER McDANIEL: Okay. Well -- and maybe I
misspoke. I wasn't talking about shutting them down. I was just
talking about reducing the facilities back to a lesser maintenance. I
mean, the -- that -- this facility cost an enormous amount of money in
the first place.
So -- and I was just -- I was just thinking about eliminating the
slide, eliminating the lazy river facility, and having a swimming pool
for the community -- for the community to utilize. We still have
other aquatics centers throughout the community, and that was -- that
was my thought process.
CHAIRMAN HALL: Yeah. And we're not very far from
having a class operation right here, and we've learned from the past
of how to maintain it, and the way it's being built and rebuilt, it's
going to be maintained up to top standards.
COMMISSIONER McDANIEL: All right. Well, I -- staff's
not allowed to tell me who up here's thinking like this, and so all I
knew is one of my colleagues had an issue -- a hammer down
wanting to fix this thing, and I wanted to have this discussion to
make -- for us to be making a decision long term as to what we're
going to be doing with regard to our aquatics centers throughout the
community.
CHAIRMAN HALL: Long term, I'd like to see us enter into an
operational partnership with somebody.
COMMISSIONER McDANIEL: So your rationale is fix this,
October 22, 2024
Page 185
get it gone, and then do an ITN --
(Simultaneous crosstalk.)
CHAIRMAN HALL: To make it appealing for somebody to
operate it, yes.
COMMISSIONER McDANIEL: To bring somebody in to
operate it. All right.
CHAIRMAN HALL: Commissioner LoCastro.
COMMISSIONER LoCASTRO: Can you go to the slide that
had the five million on -- this. I mean, if I understand this correctly,
one of the reasons why we needed this study is, in order to use the
TDC dollars, we have to do a study. So that's why we're like sort of
forced into a study.
So if that -- you know, if that's the case, then it doesn't -- it
seems like we don't have a choice. But I'm inclined to -- I'm leaning
towards what Commissioner McDaniel said. To me, this is the
money slide right here. And I don't mean water slide, but the slide.
You know, I sit here and go, you have five people up here that
aren't dumb or stupid. So I look at this, and I -- you know, I always
use the term, "Is the juice worth the squeeze?" I don't know why we
have to restore Sun-N-Fun back to the exact specifications on the day
the ribbon was cut. We've already proven that there's a couple of
things embedded in Sun-N-Fun that are difficult to maintain, they
break easily and all that. So why would we -- and it doesn't -- you
know, if you took out two of the super expensive things here, it
doesn't mean something else -- then that money could make
something else more fabulous or even build something else, you
know, that's easier to maintain.
Like Commissioner McDaniel was saying, a whole bunch of
pools and the lazy river and all that, but you can already see there's
two or three things on here that are super expensive.
MR. McCORMICK: Absolutely.
October 22, 2024
Page 186
COMMISSIONER LoCASTRO: And I just sit here and think,
is it the best use of the dollars? Now, I don't know if we have the
latitude to do that. Maybe we've got to do a big study and all that.
But in the end, I think this is the slide that really shows where our
priorities should be, and I definitely agree we should get it back open
because there's going to be very few contractors that are going to
want to come in. It's going to cost us a fortune. We're going to say,
nothing works here. Would you like the keys to it? And they're
going to go, oh, great, you know, awesome.
But restoring it back to where we can make sure that everything
isn't 90 percent but that maybe 75 percent of the stuff on the list is
110 percent fixed and, you know, we figure out -- we surgically
remove a couple of the things that just aren't worth, you know,
rebuilding. Because don't forget, even if we rebuild, it's still -- you
know, it's already proven that it takes a lot of maintenance. We're
going to have to keep it up. And, there again, to me it's just -- there
are several things on this list that I don't think are worth the effort or
the money.
But I don't know if we have that option. I mean, do we have
the option to just make command decisions among the five of us, or
do we have to have the study? Do we have to, you know, go down
that road?
MR. KLATZKOW: The executive summary is simply seeking
permission for the study. This will come back to the Board, and you
can have a full discussion as to what you want done or what you don't
want done.
COMMISSIONER LoCASTRO: But the study is --
MR. KLATZKOW: The study's just going to simply say that it
supports tourism.
COMMISSIONER LoCASTRO: Yeah? What does that cost
us, that study?
October 22, 2024
Page 187
COMMISSIONER McDANIEL: Thirty-eight thousand.
MR. McCORMICK: Thirty-eight thousand.
COMMISSIONER LoCASTRO: I'll do it for 28,000.
COMMISSIONER McDANIEL: And if I'm not mistaken,
looking at this money -- are you done?
CHAIRMAN HALL: Go ahead.
COMMISSIONER LoCASTRO: Yeah. Well, I mean, so my
closing comment is, you do a $38,000 study, and then it allows us to
have the real discussion. It's not -- it's, you know --
CHAIRMAN HALL: Spend tourism --
MR. KLATZKOW: You can have that discussion now, but you
can't use tourism dollars.
COMMISSIONER LoCASTRO: No, I gotcha. Yeah, so --
COMMISSIONER McDANIEL: Make a motion for approval
of doing the study.
COMMISSIONER LoCASTRO: Yeah. I'll second it.
CHAIRMAN HALL: Okay. Motion and second.
COMMISSIONER LoCASTRO: So at least we're headed in
the right direction on this.
CHAIRMAN HALL: All in favor, say aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN HALL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER KOWAL: Aye.
CHAIRMAN HALL: Opposed?
(No response.)
CHAIRMAN HALL: Mr. French, do you want to give us just a
quick summary of what you found? Because I know you've been out
there.
MR. FRENCH: Yes, sir. Thank you. For the record, my
October 22, 2024
Page 188
name's Jamie French.
So, Commissioners, I was -- so Parks and Recreation has
recently been reassigned to our group. So one of the -- one of the
challenges that we have found is going out there to assess all of your
parks facilities to determine why certain things have not been
completed and what has been completed and how our maintenance
schedules are going.
So with Sun-N-Fun, I would only ask you to consider looking at
this from a critical path position. And we want to do
everything -- and I know Terri's going to write this down, but I want
to avoid permits, right? So maintenance items don't require permits.
So we believe we can get this park back open. We believe that from
a construction perspective, although we respect our partners at
Facilities, we often find -- from the regulatory side, we train them
probably more often or as often as the private sector on what requires
a permit and what doesn't.
And working with Dr. Yilmaz and Ms. Cook and some of our
building division staff, Rich Long -- who you recognized today,
thank you for that -- and his group, we believe that we can get this
park open. And our goal is is to really get this open by spring break.
I recognize that they'd love to do a $450,000 bathroom
renovation, but there's no code requirement for that. You're only
held to the code at the time of construction. And although it would
be nice to have these things, that would be a policy decision or a
Board decision as to whether or not you expended those dollars.
Mr. -- and I don't -- not Mr. Finn, but Mr. Johnson, he and I met
on this yesterday to go over exactly that, Commissioner Saunders,
what is the remaining amount on the bond? Because at one time I
was your Public Services Department head, and I -- and I looked at
this very thing, and although I recognize that a previous
administration may have had big, grandiose ideas on what amenities
October 22, 2024
Page 189
that they'd like to add to this, that permitting phase through the State
of Florida is a real deal, and it does take a very long time that we
can't influence.
So we'd like to avoid that. We'd like to stay within the confines
of the permits that have already been issued, do as much maintenance
on this facility as we can to get it open. They're there right now
pulling weeds and making sure the water's sparkling. Although you
may not be able to enter, it doesn't need to look like it was
abandoned. It needs to -- it needs to be -- look well taken care of.
So we've got staff there right now working on this facility
much -- no different than we approached DAS. So we appreciate
your support with that. But we'd like to bring you something back.
I'm not certain that we can get all five slides open because there may
be some structural-integrity issues, and we may have to go through
some permitting. But for the most part, we believe that we can get
most, if not all, of the amenities back open by spring break, maybe a
little after, but we've got the -- as Commissioner Hall might say,
we've got the pedal to the floor. We're running with this thing, and
we're done when you tell us we're done.
CHAIRMAN HALL: Thank you.
COMMISSIONER LoCASTRO: How long does the study
take?
MR. FRENCH: Oh, and by the way, this is considered by
zoning in your PUD, this is a regional attractor. You've got an
advertisement on I-75 right on Exit 111.
So I am certainly not trying to interfere with your decision or
your guidance, but I think it's well qualified even from the
point -- from the point of us entitling this 20 years ago or beyond
that, that this was always considered to be a regional attractor that
would pull people in from neighboring hotels as well as other
communities.
October 22, 2024
Page 190
COMMISSIONER McDANIEL: So the advent of the study's
pretty easy to come to what the ultimate results of the study are.
MR. FRENCH: We'd be happy -- maybe we could save you
money. We'll just provide them the planning documentation that
was heard by the Board.
COMMISSIONER McDANIEL: When we come back for the
actual review of that, and then that slide with the money shot with the
estimations of expenses to bring this and this and this can be updated
for us as well.
MR. FRENCH: Absolutely, because we'd like to go in and do
our own evaluation if it's the pleasure of the Board.
COMMISSIONER McDANIEL: Okay.
COMMISSIONER LoCASTRO: How long does the study
take?
MS. PATTERSON: If I may, the City of Naples recently
underwent a process for the beach outfall project. It took a couple
months. They fast-tracked that, so we would intend to try to get this
done as quickly as possible.
COMMISSIONER McDANIEL: And I think Commissioner
LoCastro said he'd do it for 28- and save us 10-, maybe in two weeks.
COMMISSIONER LoCASTRO: Yeah. I'll have it done
tomorrow.
CHAIRMAN HALL: I'd do it for 25-.
COMMISSIONER KOWAL: Just take a picture of the
billboard and send it in.
COMMISSIONER SAUNDERS: Could I ask a quick
question?
MR. FRENCH: Yes, sir.
COMMISSIONER SAUNDERS: Because obviously we're
doing the study, and the purpose of the study is to determine if this
is -- we can use tourist tax dollars for this, that it promotes tourism.
October 22, 2024
Page 191
But you already just said that this facility is considered a regional
attraction. And so why do we even have to do a study? Hasn't that
already been done?
MR. KLATZKOW: Because the -- Commissioner, the statute
requires it.
COMMISSIONER SAUNDERS: Statute -- but I mean, we
already know that it's a regional attractor, so we have to do a new
study?
CHAIRMAN HALL: You've got to spend 38,000 to prove it.
COMMISSIONER SAUNDERS: Okay.
COMMISSIONER KOWAL: How did we prove it the first
time?
COMMISSIONER SAUNDERS: I'll do it for 18,000.
CHAIRMAN HALL: In a week.
MR. FRENCH: Thank you and -- for your continuous support.
Thank you so much.
COMMISSIONER LoCASTRO: Bureaucracy.
COMMISSIONER McDANIEL: No doubt. Thank you.
Item #12A
AUTHORIZE A REPRESENTATIVE OF THE COUNTY
ATTORNEY'S OFFICE TO BID ON BEHALF OF THE COUNTY
AT A CODE ENFORCEMENT LIEN FORECLOSURE SALE
SCHEDULED BY THE CLERK IN COLLIER COUNTY,
FLORIDA V. LEE VERN LAMBERT, ET AL., CIRCUIT CASE NO.
23-CA-3392, IN AN AMOUNT TO BE DETERMINED BY THE
BOARD - MOTION TO ALLOW STAFF TO BID UP TO
APPRAISED VALUE ($470,000) BY COMMISSIONER
AUNDERS; SECONDED BY COMMISSIONER LOCASTRO,
(COMMISSIONER LOCASTRO RECANTED HIS SECOND)
October 22, 2024
Page 192
MOTION FAILS DUE TO LACK OF A SECOND; MOTION FOR
STAFF TO BID ENOUGH TO RECOUP THE MONEY SPENT ON
THIS PROPERTY ($229,161) BY COMMISSIONER LOCASTRO;
SECONDED BY COMMISSIONER HALL – APPROVED
(COMMISSIONER SAUNDERS OPPOSED)
MS. PATTERSON: Commissioners, that brings us to
Item 12A. This item was continued from the October 8th, 2024,
BCC meeting. This is a recommendation to authorize a
representative of the County Attorney's Office to bid on behalf of the
county at a code enforcement lien foreclosure sale scheduled by the
Clerk in Collier County, Florida, versus Lee Vern Lambert, et al,
Circuit Case No. 23-CA-3392, in an amount to be determined by the
Board.
And, County Attorney.
MR. KLATZKOW: At the Board's direction, we filed a
foreclosure action in December 2023 on this property. We received
a final judgment for foreclosure reciting a total of 229,000 and
change for the lien.
There was a -- there was a discussion at a prior board meeting
that maybe we would want to go higher than this.
The county did an appraisal. And the in-house appraisal was
$470,000; that's if you wanted to acquire the property. If you just
want your lien back, then you wouldn't go that other route.
CHAIRMAN HALL: Commissioner LoCastro.
COMMISSIONER LoCASTRO: So this is a property on
Goodland. So I had a discussion with Growth Management
leadership, Jamie French and Trinity and the group yesterday.
This property has value for us that if we did acquire it, you
know, we're short -- we're short of parking in the -- at the Goodland
marina, and this butts up against -- right next to it. So, you know,
October 22, 2024
Page 193
the initial thought was just get back our lien money, and if somebody
else buys the property for more, great, wonderful. We at least, you
know, recoup our lien dollars.
But this does have value to possibly stay in the bidding a little
deeper because it's a valuable piece of property. It could be a
valuable piece of property to us to expand parking for our Goodland
park. So I mean, that's basically what you're asking. Do we drop
out of the bidding after we -- it gets to a point where it recoups our
money, or do we keep going up until the appraised value, right?
MR. KLATZKOW: That's the purpose of the executive
summary. If you just want your lien money back, there's -- that's
one thing. If you want to actually acquire the property, the appraised
amount is 470-. That's what you would authorize us as a maximum
to bid.
COMMISSIONER LoCASTRO: What's your
recommendation?
MR. KLATZKOW: I'd just like to get the money back.
COMMISSIONER LoCASTRO: Yeah. Where's -- is Jamie
here? Jamie, give the short version to -- you know, I just wanted the
money back because I already know that there's several citizens that
are looking to acquire this property. They'll tear down the house
immediately and build something fabulous. It's on a very visible
corner, but it also is on the corner of the entrance to our marina.
And our park on Goodland, which has -- you know, you can't
make that park any bigger. So before we let this property -- before
we lose this property to someone who's definitely going to bid on it
for close to the appraisal value, I believe -- why don't you share the
thoughts with the -- all the commissioners here on what you think the
value is and what your recommendation is.
MR. FRENCH: Commissioners, thank you. Again, Jamie
French, for the record. I put a coat on this time.
October 22, 2024
Page 194
The park is -- this is a very uniquely situated parcel that it does
abut next to one of our prime -- primary used boating facilities. We
have a very limited footprint on this site. If you know anything
about this site, on the park site, on the eastern boundary, there's a
preserve and wetland for drainage, and although we've not given a
great deal of consideration here, that area could be well utilized for
parking, for internal capture, and then we could relocate, perhaps tear
that -- tear that place down and use it for community drainage as well
as, perhaps, kayak access, because there is water access there.
It's really the determination of the Board where you would want
to go with this. We have not planned this. Again, this is just a
unique opportunity. We were involved, if you remember, with the
foreclosure, as the Code Enforcement group does fall under my
purview.
Jeff is absolutely right. We would certainly want to recover our
money. We think it's the right thing to do, but to go above appraised
value, I wouldn't personally give you that recommendation, sir, but I
do think that there's an added value to the community to give it some
consideration to have the additional water access plus perhaps
revisiting the design of the current park that we could pick up some
additional parking. And I only talk from my experience from the
former administration, that they had brought us plans to add
additional parking on the private road that we couldn't get there.
COMMISSIONER LoCASTRO: Yeah.
MR. FRENCH: Because the road wasn't wide enough. It was
a private road. It wasn't county road. And we just couldn't get them
through either the local or state permitting process on that ask.
CHAIRMAN HALL: Commissioner McDaniel.
COMMISSIONER McDANIEL: Are you done, Rick?
COMMISSIONER LoCASTRO: You go. I'm just -- I'm
mulling over a couple of closing comments.
October 22, 2024
Page 195
COMMISSIONER McDANIEL: We're in a precarious -- we're
in a precarious position here because we're bidding against somebody
that we don't know who's out there and what they're going to be
paying for. And if we set a limit -- and that's that.
I'm not opposed to allowing our staff to make an executive
decision at the -- at the auction to acquire the piece of property, and
not set a limit. I mean, you're not going to do -- you're not going to
do something stupid.
So my next question is, can we permit it? Is it permittable for
us to utilize as a public facility? Jaime Cook's shrugging her
shoulders.
MR. FRENCH: Through a rezone. I was just confirming on
the environmental side. But that's what she and I had talked about is
that we could relocate the current wetland area that's currently on the
grounds. That's a requirement for the parking. We could relocate
that. We could do a metes and bounds, bring that into the county
property. It would require a rezone. That would be a decision of
this board. It would have to go through the Planning Commission,
of course. It's a full rezone. But then we would demonstrate how
there would be public benefit to that as well as how we could make
that park perhaps a little bit more conducive or more customer
friendly to the businesses and the locals that are there.
COMMISSIONER LoCASTRO: Yeah. I think you'll get
some pushback from some citizens there who they realize the park is
sort of bulging at the seams, but they're now looking for us to make it
bigger. Some -- some citizens.
MR. FRENCH: I think what we'd be asking for is no more
impervious surface other than perhaps some parking. We're not
looking at putting in -- we wouldn't recommend -- and I can say that
with some confidence. We're not looking at putting more buildings
in there. It's simply for pedestrian parking for that non-trailered
October 22, 2024
Page 196
vehicle is what they're short of at that location.
COMMISSIONER LoCASTRO: Yeah. I agree with
Commissioner McDaniel. I think that, you know, we don't have a
crystal ball here, and if we set a -- you know, it's -- like, that would
be really stupid.
I think that we shouldn't pay above appraisal value, obviously,
so that's the ceiling. But I think, you know, whoever from the
County Attorney's Office is at this -- at this sale has the latitude to
say, "Hey, listen, I think we're in an area where we're beyond where
we really should be as a county. We've got our money back and
then some." Is that some --
(Simultaneous crosstalk.)
MR. KLATZKOW: Commissioner, I do not have the legal
authority to --
COMMISSIONER LoCASTRO: I'm sorry?
MR. KLATZKOW: I do not have the legal authority to bid
above whatever the Board wants, and you can't give me a blank
check either. It was appraised at --
COMMISSIONER LoCASTRO: Four something.
MR. KLATZKOW: Four something. Now, if we can come
back to you and say, well, somebody else offered $600,000, at that
point in time --
COMMISSIONER LoCASTRO: It's a no-brainer.
MR. KLATZKOW: -- you could --
COMMISSIONER McDANIEL: That won't be the case.
MR. KLATZKOW: -- look at it. That's probably not going to
be the case, no.
COMMISSIONER McDANIEL: Well, the other alternative is,
just get our money back, go do what we always do, and not get into
the business of buying property at auctions. Just limit it to our -- bid
up to the amount of our money and be done.
October 22, 2024
Page 197
COMMISSIONER LoCASTRO: I can tell you, whatever we
decide, it's a positive from what this thing has been.
COMMISSIONER McDANIEL: Amen.
COMMISSIONER LoCASTRO: So this is like -- we're trying
to decide frosting here, and -- you know, I'm more inclined to get our
money back. I like the idea what we were brainstorming, you know,
in my office about what, like, could be done on this property. But I
think that that's, like, 49 percent great, but 51 percent is just getting
our money back. I'm sorry?
CHAIRMAN HALL: Commissioner Saunders.
COMMISSIONER McDANIEL: Commissioner Saunders has
a thought. He's down there tapping his --
COMMISSIONER LoCASTRO: He's got a thought. Here we
go.
COMMISSIONER SAUNDERS: Just trying to get somebody's
attention. That's all.
No, I think we should permit the bid up to the appraised value.
If it's a valuable piece of property and we acquire it and we decide we
don't need it, we can always sell it, so...
COMMISSIONER McDANIEL: If somebody outbids us, they
outbid us.
COMMISSIONER SAUNDERS: So I don't want to tie our
staff's hands to just getting our money back. So I'll make that
motion. But I think -- I think going above the appraised value, I
think, would be --
COMMISSIONER LoCASTRO: Yeah. That's a nonstarter.
COMMISSIONER SAUNDERS: -- good direction.
So I'll make the motion to permit staff to bid up to the appraised
value on that property.
COMMISSIONER LoCASTRO: Yeah, I'll second it.
CHAIRMAN HALL: All right. I just want to make one
October 22, 2024
Page 198
comment before we vote.
Appraised value is top value. So if we want to buy it for top
value, it's hard to sell it for topper than topper value.
So, you know, what -- I guess what I'm saying is the way that I
would approach this is what is our exit strategy? What do we want
in the end? Do we want a parking lot, or do we want just to get our
money back? And if we -- if we want -- if the property is valuable to
us and we want a parking lot, then we can bid to 400,000 or
300- -- you know, whatever, just less than appraised full top value.
Or if you want to go top value, we can. But it just depends on what
our exit strategy is. What do we want to do? If we want to take the
property and utilize it for the public and parking, then it -- the
property has more value to us than if we just want to apply it, and we
decide we don't want to do it, and we just need to sell it to the public.
COMMISSIONER SAUNDERS: If we -- if we bid on this and
we get it for the appraised value, our out-of-pocket's going to be over
and above -- what is over and above the lien that we have on the
property, so we'll also be out that much cash.
MR. KLATZKOW: Yes.
COMMISSIONER SAUNDERS: We're going to have --
MR. KLATZKOW: It would be about 250- -- 240,000.
COMMISSIONER SAUNDERS: Okay. So we would be out
of pocket $250,000 on a piece of property that's appraised at almost
500,000.
CHAIRMAN HALL: Good point.
MR. KLATZKOW: Yes.
COMMISSIONER LoCASTRO: But then we'd have to do an
awful lot to it. I mean, so then if we -- if you find the value, we have
to tear it down, build the park- -- so there's other expense there.
CHAIRMAN HALL: Or you could sell it for 470-. All right.
The motion's made.
October 22, 2024
Page 199
COMMISSIONER KOWAL: I have a --
CHAIRMAN HALL: Oh, go ahead.
COMMISSIONER KOWAL: Can I just make one comment
here? So, basically, we're in a game of just saying -- so we know
what the sale price is right now because we just set it.
COMMISSIONER McDANIEL: Right.
COMMISSIONER KOWAL: We just set that sale price.
Everybody just realized that.
COMMISSIONER McDANIEL: I didn't. Burt did; I didn't.
COMMISSIONER KOWAL: You know, because we said
we'll go up to the appraised value. That is the sale price, because the
next guy's going to bid whatever -- who really wants it is going to bid
a few dollars more than we are. They already know the set price.
So we just got in the game of setting the price of real estate
amongst people that may want that property, and we just basically
made them have to bid more than what's actually owed to the county,
which is the 225,000.
We just set that goal to the guy that really wants to fix it up, put
a house on there, be part of that neighborhood that he now knows he
has to come up with the extra scratch to meet what we just set the
price of that property for.
COMMISSIONER McDANIEL: That's right.
COMMISSIONER KOWAL: And I don't know if I'm in the
game for doing that as a government. I don't know how -- I don't
know, maybe the attorney knows more than I do.
MR. KLATZKOW: You know, at times you do eminent
domain to acquire property for a public benefit. This is sort of -- sort
of in that same vein. If you want to acquire this property for a public
purpose, it's something we do all the time.
COMMISSIONER SAUNDERS: And we're -- I understand
we're -- I don't disagree that we're kind of setting a price here, but the
October 22, 2024
Page 200
reason we're doing this is because we recognize that we may need
this piece of property for advancing the park.
COMMISSIONER KOWAL: I'm not getting a clear answer
that we can even use it. I mean, I've asked some of the same
questions in my personal one-on-one meetings that due to the private
road coming up the other way and not having 50- or 60-foot
right-of-way, you know, to go into an approach off of this road, you
know, some other questions have to be answered here. And then
we're going to say, well, if we can't do it, we're just going to sell it.
So now we're hoping somebody will buy it for what we paid for it.
So I'm just trying to -- I'm the guy outside. I didn't have a horse
in the pool thing, so I'm just trying to get involved this time.
COMMISSIONER LoCASTRO: Didn't have a horse in the
pool?
COMMISSIONER KOWAL: Yeah. I don't have a pool in my
district. So I'm just kind of -- I'm just being that guy from the
outside looking in just saying, I don't know if I really want to be in
that business. I think we recoup what's owed to us and move on. I
don't know. Personally, that's just --
COMMISSIONER LoCASTRO: I think anybody that's in the
bidding process and knows that the county is one of the bidders
knows that we have the option to go up to appraised value but
probably wouldn't go any higher, so I don't think that's any kind of
big secret.
MR. FRENCH: So, Commissioners, if I might, I was just
working with Mr. Johnson. I believe the Property Appraiser -- now
the Property Appraiser may not reflect the actual market because,
typically, they're a year or two behind. But right now the
unimproved value of the lot itself, Chris, was four -- $472,000. That
is not the improved value. That is not the dock. That is not the
seawall. That is not the structure that may or may not be able to be
October 22, 2024
Page 201
rehabitated. So that's just the unimproved land is $472,000.
So if that weighs into your consideration -- because clearly the
county -- and, again, you would make that decision. Staff would not
bring you back an item that says, "Hey, let's remodel this house, and
we'll keep it for some reason."
Again, we'd only looked at it from the -- when we spoke, I had
only thought about the consideration of perhaps additional kayak
launches, because we know we're struggling because there is water
access and a dock's already there. It would require a rezone. But
the structure, in and of itself, staff would probably -- and I know
we're -- I'm speculating, but we would most likely recommend to take
that down, use that for our storage of water, perhaps community and
open space, and then expand on parking currently internal to the site.
CHAIRMAN HALL: Commissioner McDaniel.
COMMISSIONER McDANIEL: Yeah. Well, I'm back to
where I was before. I understand we can't go in with an open
checkbook. Can't cut staff loose to go buy it. We just set the price.
It is -- I mean, if we get to buy it for up to the -- and it is an in-house
appraisal. I can see additional values for us. We can zone it and
use it for a public benefit and such. But I'm almost -- I'm almost
inclined just to stay -- stay on the amount of our lien, collect our
money, and go on down the road.
I mean, as Commissioner Kowal said, we -- by setting a
maximum value, anybody else that's watching, looking -- this is all
being recorded, so anybody can actually see if they want to buy it for
470 and 1 dollar, we're out.
CHAIRMAN HALL: That would be fine.
COMMISSIONER McDANIEL: Now, on the other side of the
equation, maybe they're wanting to buy it for 350-, so we could end
up acquiring it for up to 470-, so...
CHAIRMAN HALL: Commissioner LoCastro.
October 22, 2024
Page 202
COMMISSIONER LoCASTRO: Here is what I'll say. So we
had a motion, and I seconded it, and I'm going to recant my second,
because I'm thinking back historically how this whole thing started.
And you know what, on day one, we would have been happy to get
our money back and get rid of this thing that's a -- that's the city
dump on Goodland. And we broke so much new ground putting in
the lien and all that.
Yes, it was an interesting conversation saying, you know, hey,
but if we got it, you know, what about -- you know what, the people I
know that live in that area, they're not -- they want that house gone,
they want to see a beautiful house in that corner, and they want
somebody great and wonderful to move in. And we're happy to get
our money back.
I know we're thinking out of the box, but, you know, I think
we're overthinking this one. We're overengineering it.
Let's get our money back. Let's take the advantage of all the
hard work that the County Attorney has done. Somebody's going to
get that piece of property for a really good deal, but then they're
going to have to sink a ton of money into it, and in the end, we're
going to bring to Goodland what they've been wanting to have on that
corner for years, which is a much better, you know, homeowner and
landowner.
So I would say that the smart thing to do from day one -- but
then we're sort of even -- I'll say I'm guilty of starting to overthink
this of what could be done is the county goes up to the amount that
gets our dollar value back, and you know people are going to bid over
that, and in the end we're going to get exactly what we wanted many,
many, many months ago, which is just the money out of this -- out of
this parcel.
So I would say we go up to that amount, and then it's a
free-for-all for the other bidders. And I already know there are
October 22, 2024
Page 203
several people interested in this property, so I feel confident not only
will we get our money back, but we will get a good buyer who has a
big positive plan for that corner, and I think it will be mission
accomplished. So my --
CHAIRMAN HALL: I'll let Commissioner Saunders restate
his motion.
COMMISSIONER SAUNDERS: All right. So I made the
motion to authorize staff to bid up to the appraised value. The
reason I made that motion is because there has been discussion about
the potential for needing that property to improve our park operation
at that facility. We won't have that opportunity again. So I'm going
to stick with the motion. There is no second to it, so it might fail for
lack of a second. But that is -- that is the motion.
CHAIRMAN HALL: Motions made.
COMMISSIONER McDANIEL: It failed.
COMMISSIONER LoCASTRO: So I'm going to make a
motion that we go up to the amount that recoups our money back,
which is what we wanted from day one. So then this thing just
started to take on a life of its own, and I think that's not in the best
interest of the people that live in Goodlette. I don't think they want
to see us double the size of the park. What they want to see is just to
control it better. And so I'd make the motion that we go up to the
point of recouping our money, and then when the bids exceed that,
then we're out, and then the highest bidder wins.
CHAIRMAN HALL: I'll second that.
COMMISSIONER McDANIEL: And is that -- just as a point,
is that the 229-, or is that 229- --
COMMISSIONER LoCASTRO: Yeah, 229 and change.
MR. KLATZKOW: 229,161.39.
COMMISSIONER McDANIEL: That's as of the executive
summary, but is the interest traveling until the sale or --
October 22, 2024
Page 204
MR. KLATZKOW: No, I don't believe it is.
COMMISSIONER LoCASTRO: And, you know, way back
when we were having conversations saying we'd be happy to get half
of that. So I think this is -- this is a win-win, and then whoever bids
on it is going to do whatever we wanted for years, which is to tear
that house down and put something fabulous there.
COMMISSIONER McDANIEL: Good idea.
CHAIRMAN HALL: Okay. Motions made and seconded.
All in favor, say aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN HALL: Aye.
COMMISSIONER KOWAL: Aye.
CHAIRMAN HALL: Opposed?
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER McDANIEL: Lone Ranger.
COMMISSIONER SAUNDERS: Hopefully it won't be an
Airbnb in a few years.
COMMISSIONER LoCASTRO: Oh, God.
CHAIRMAN HALL: It's more tourism dollars.
COMMISSIONER McDANIEL: It will increase our TDT tax.
MS. PATTERSON: Commissioners, that brings us to Item 15,
staff and commission general topics.
Item #15A
PUBLIC COMMENS ON GENERAL TOPICS NOT ON THE
CURRENT OR GUTURE AGENDA BY INDIVIDUALS NOT
ALREADY HEARD DURING PREBIOUS PUBLIC COMMENTS
IN THIS MEETING
October 22, 2024
Page 205
MS. PATTERSON: Item 15A is public comments on general
topics not on the current or future agenda by individuals not already
heard during previous public comments in this meeting.
MR. MILLER: We have none.
Item #15C
STAFF AND COMMISSION GENERAL COMMUNICATIONS
MS. PATTERSON: We have no project updates today, so that
brings us to Item 15C, staff and commission general
communications. I do not have any.
County Attorney.
MR. KLATZKOW: I spoke enough as it is.
MS. PATTERSON: Commissioners.
CHAIRMAN HALL: Commissioner McDaniel, you've got a
couple things you want.
COMMISSIONER McDANIEL: Yeah. Well, the first thing I
want to do is have a discussion about the -- I'm not really all thrilled
about hiring a consultant to do a study with regard to the parking
requisites. This has to do with the apartment complex and the 1.5
parking spaces per unit. It's just not a reality. It's not a sufficient
amount of parking.
And I think -- and I know we're -- Mr. Bosi left but, you know,
we have an overworked, stressed Planning Department. I guess my
question is is how hard would it be to -- for a collection of 67
counties to see what other communities are using as a parking
requisite for -- as opposed to going and hiring a consultant to tell us
what we think we need to do?
MR. FRENCH: Thank you, Commissioner. Again, for the
record, my name's Jamie French.
October 22, 2024
Page 206
I spoke with Mr. Bosi this afternoon. And, yes, we are
constantly in dire need of good, qualified staff. What happens is we
train them up, and even most recently Brett Rosenblum, he was
recruited by Barron Collier.
So as we start to see a collaboration of these small engineering
firms get swept up by national firms, they recruit against us because
they really don't know the regulatory business as well as our staff,
and there's value to that. So we struggle with that, but we'll be okay.
So I've talked to Mike. What we're doing right now is Josie
Medina within our office, she's going to reach out to a handful of
counties. We'll look at Sarasota, look at West Palm, I'll look,
perhaps, maybe at Broward, Hillsborough, those where we can draw
in like-kind neighborhoods and types of planning, and we'll do
exactly that. I think I can -- I know we can do that in-house.
COMMISSIONER McDANIEL: Get that done with
in-house --
MR. FRENCH: We will get that done in-house.
COMMISSIONER McDANIEL: And then that will let us have
a discussion, once we get that report back. Because, again,
societally, there's more people living in the same confines than what
used to. Economically, there are multigenerational families that are
in the same household, and so one-and-a-half parking spaces for a
three-bedroom unit is not enough, so -- and ultimately, it will -- it
will have us give some additional consideration to the ultimate
densities that developments are, in fact, allowed.
So thank you. That's the only comment that I had. If that's
sufficient -- have you got enough positive head nods to have them do
that?
CHAIRMAN HALL: Yes.
COMMISSIONER McDANIEL: Okay. Good. That's all I
have.
October 22, 2024
Page 207
CHAIRMAN HALL: Commissioner LoCastro.
COMMISSIONER LoCASTRO: So a lot of good discussion
post Milton, you know, of some things that earlier release in a little
bit more detail about, you know, things like Alert Collier, saving your
sandbags, things like that.
But a gentleman that spoke here at the podium -- I wrote down
his name. He's actually in Commissioner Hall's district. Charlie
Melchner was one of the gentlemen that spoke here. At one of the
breaks he came up to me and said, you know a thing that would be
very helpful is when everybody's rushing to Publix and Costco and
everything to load up on things, that if we wanted to get the word
out -- and, you know, granted, sometimes things sound like great
ideas, but they take a lot of effort. But it actually was an idea that
maybe Dan would consider if there was a way to do it easily.
But he was saying that some of the word that doesn't get out
about sandbags and just warnings and things to do, that some of those
big stores that are packed in preparation for the hurricane, you know,
if we dropped off signs or if we had -- you know, if there was
something big. Granted, you know, we can't be running all over
town dropping off, you know, updates every five minutes. But, you
know, that's just maybe something to add to the "talk out loud" list
when we're brainstorming on how we can do some things better.
But that did have a bit of merit, because it's like, I'm sitting here
in a packed store, and everybody's sort of talking to each other going,
you know, "Did you hear anything about sandbags? Did you hear
anything about evacuation sites or whatnot?" And everybody's
playing on their phones while they're waiting in line and, you know,
by the exit, there could be something that the county drew up that
maybe is, you know, that John Mullins and his people put up for
something that isn't going to go change regularly, but it could even
just say, "Sandbag deliveries are at these parks. Check this website
October 22, 2024
Page 208
for delivery times," and what have you. "Sign up for Alert Collier,"
you know, big generic things because a lot of people are walking
through those exits. So I thought it was actually a pretty good idea.
COMMISSIONER McDANIEL: We ran out of sandbags.
Trinity had to go make a run somewhere when --
COMMISSIONER LoCASTRO: She crocheted a bunch is
what I heard. She's a real doer.
COMMISSIONER McDANIEL: There weren't a large supply
of them in the first place.
COMMISSIONER LoCASTRO: Yeah. That's all I've got.
CHAIRMAN HALL: Commissioner Saunders.
COMMISSIONER SAUNDERS: Just a couple of
announcements. We had a town hall meeting last week, and one of
the topics was the Golden Gate Golf Course. The good news is that
they are anticipating groundbreaking on the new golf course in
January or February of next year with an opening in the late fall of
2025, potentially opening in early 2026. But the big news is
groundbreaking in just a couple months on that.
Our water-and-sewer folks finished installing some water mains
and things going across the old Golden Gate Golf Course. So from
what I understand, that water project is really well underway. I think
they've completed all the work they needed to do to bring in the water
mains across the golf course. So kudos to our -- to Dr. Yilmaz and
his staff for starting to hook up a lot of people in Golden Gate City
with water.
Another good-news item: There's a new two-story building
that's going up on Golden Gate Parkway. That's the first building
that's taking advantage of our zoning overlay to permit two- and
three-story buildings in the commercial district. They also are the
beneficiary of some funding from the taxing district that we have
there to hook up water and sewer facilities. So that's the first
October 22, 2024
Page 209
redevelopment project in that Golden Gate commercial area.
And then, finally, I think we may all have heard that the
Renaissance project, they got their funding, and they're looking for
groundbreaking sometime in the next several weeks. So things are
happening.
COMMISSIONER McDANIEL: Mr. Kirk announced his
closing on that. We did a ribbon-cutting for the 24-unit development
over -- affordable housing development, Casa Amigas, last week, and
he said that he had actually closed. So that starts the timeline on
Phase 2 and the other project and the whole kit and caboodle.
CHAIRMAN HALL: Commissioner Kowal.
COMMISSIONER KOWAL: Thank you, Mr. Chairman.
I'd just like to put it out that we had a Gateway/Triangle citizens'
master planning workshop that was supposed to be scheduled -- I
think it was last Monday. Because of the hurricane, it was canceled.
I just want to put it out, who's ever still out there listening or
whatever, that we did get a reschedule on that meeting on
November 14th at Botanical Garden at 5:30 to 7:30. I think this is a
very important meeting for especially our business owners in the
Triangle that, you know, have these little ma-and-pa stores along the
Davis corridor, the 41 corridor that leads along the -- down to the
point of the Triangle and on the Airport side, because this is trying to
get everybody together and get ideas on how to move forward, you
know, and revitalizing a lot of these older and kind of blighted
buildings and little shopping plazas that lie along those roadways in
part of this, you know, master plan of the Triangle, the Gateway area.
So I think it's a good, important meeting. If you know anybody
or anybody out there listening know any business owners, people like
that, I think it would be a good workshop to attend. So that's, again,
on November 14th, 5:30 to 7:30 at Botanical Gardens.
That's all I've got to say.
October 22, 2024
Page 210
CHAIRMAN HALL: Great. I just have one thing. You
know, this wet season has brought to light some issues. You know,
you get homeowners that say there's a guy that built a new house, and
now all of his water's coming on me, and so you -- we find out that,
you know, when the house is built, to get the CO, you have to retain
your own stormwater. Your stormwater can't be leaking onto the
neighbor.
And a lot of times these people, they'll figure out that when
these people -- other people are retaining their own stormwater, that
they're seeing their actual stormwater that's always been leaking.
Well, that's one side of the ditch.
The other side of the ditch is we seem to have a loophole within
our Code Enforcement. And I was talking to Mr. French and
Mr. Bosi about it yesterday, which -- I had a guy call me from Pine
Ridge Estates. The people behind him are building a very large
home, and there's nothing really that's in the code that says that they
have to retain their water while under construction. So during this
six- or seven-month time period, this guy's actually gotten water in
his house twice.
Now, they have to put a silt fence up which can -- you know,
keeps the debris out, but it doesn't do anything for water.
And so I wanted to bring it up. I don't know -- I don't know
what we would have to do to actually incorporate that in our code or
if we wanted to. The guy was super nice. He was like, "Dude," he
goes, "I hate government interference," he said, "but this is
something that's real. It's happened to us."
And I said, "You know, that's worth a conversation."
Mr. French, regarding that guy from Pine Ridge that
called -- and I was just asking, you know, I don't know what we
would have to do to close that loophole or to make things better.
What would be the process?
October 22, 2024
Page 211
MR. FRENCH: So currently -- and, again, Jamie French, for
the record.
Currently, within your Land Development Code there's no
requirement outside of the silt fence to retain your water. Now, it is
a federal requirement as well as you've got to demonstrate that
through the Florida -- State of Florida's Building Code.
But there -- we do have within our Code of Laws and
Ordinances, which I think, Jeff, we might be able to revisit, that
would -- we would have to have -- the developer or the property
owner under construction, they would have to show by way of their
engineering documents on their stormwater management plan how
they're going to retain that not just from the time of CO but from the
time that the actual construction begins.
But currently our code is silent to it. It's never -- it's not been
much of a problem. And I know at your town hall meeting you
were -- I think Trinity and Jaime were bragging -- I think it was
Jaime, that she was bragging about how people are listening to her.
When we talked about other folks' water has been trespassing on
those vacant lots for years, and now it's -- now it's -- now the
chickens have come home to roost because your water's no longer
leaving.
And the design standards have changed. But I would ask if -- if
it's the pleasure of the Board, we can go back and look at the
administrative portion of the Florida Building Code that You look at
locally or our Code of Laws and Ordinances to address this to where
they would retain their water on their site during all phases of
construction once it's been permitted.
COMMISSIONER McDANIEL: I think that's a good idea.
Can you do that, County Attorney, or does that have to be done by
Building?
MR. KLATZKOW: No. I'll work with Jamie on this. We'll
October 22, 2024
Page 212
bring something back.
CHAIRMAN HALL: No. I think it makes good common
sense, and it's fair.
And, of course, the wet season, extremely wet season, has really
brought it to light, but it doesn't mean it won't happen again. It could
happen again next year.
So anyway, that's all my comments. Good meeting today,
gentlemen. Enjoyed it.
And with that, we're adjourned.
*****
****Commissioner Kowal moved, seconded by Commissioner
Saunders, and carried that the following items under the consent and
summary agendas be approved and/or adopted****
Item #16A1- (Continued from the October 8, 2024, BCC Meeting)
THE CHAIRMAN TO EXECUTE AN AMENDMENT TO THE
ECONOMIC DEVELOPMENT AGREEMENT WITH PFPI OZ,
LLC TO REALLOCATE FUNDING AMONGST LINE ITEMS
TO BETTER FACILITATE ECONOMIC DEVELOPMENT IN
GOLDEN GATE CITY
Item #16A2 - (Continued from the October 8, 2024, BCC Meeting)
FINAL ACCEPTANCE OF THE POTABLE WATER AND
SEWER UTILITY FACILITIES AND ACCEPT THE
CONVEYANCE OF THE POTABLE WATER AND SEWER
FACILITIES FOR TERRENO AT VALENCIA GOLF AND
COUNTRY CLUB PHASE 2B AND 2C, PL20240005675 - FINAL
INSPECTION ON JUNE 14, 2024, AND THESE FACILITIES
October 22, 2024
Page 213
HAVE BEEN FOUND TO BE SATISFACTORY AND
ACCEPTABLE
Item #16A3 - (Continued from the October 8, 2024, BCC Meeting)
THE RELEASE OF A CODE ENFORCEMENT LIEN WITH AN
ACCRUED VALUE OF $149,700 FOR A REDUCED PAYMENT
OF $24,070.90 IN THE CODE ENFORCEMENT ACTION TITLED
BOARD OF COUNTY COMMISSIONERS VS. DOUBLE M
INVESTMENTS, LLC, RELATING TO PROPERTY LOCATED
AT 659 PALM AVE., COLLIER COUNTY, FLORIDA
Item #16A4 - (Continued from the October 8, 2024, BCC Meeting)
FINAL ACCEPTANCE AND ACCEPT THE CONVEYANCE OF
THE POTABLE WATER AND SEWER UTILITY FACILITIES
FOR SEVEN SHORES PHASE 1A, PL20230015660
Item #16A5 - (Continued from the October 8, 2024, BCC Meeting)
RESOLUTION 2024-194: A RESOLUTION FOR FINAL
ACCEPTANCE OF THE PRIVATE ROADWAY AND
DRAINAGE IMPROVEMENTS AND ACCEPTANCE OF THE
PLAT DEDICATIONS FOR THE FINAL PLAT OF FOUNDERS
SQUARE, APPLICATION NUMBER PL20190000344, AND
AUTHORIZE THE RELEASE OF THE MAINTENANCE
SECURITY IN THE AMOUNT OF $575,493.19
Item #16A6 - (Continued from the October 8, 2024, BCC Meeting)
October 22, 2024
Page 214
AGREEMENT FOR SALE AND PURCHASE UNDER THE
CONSERVATION COLLIER LAND ACQUISITION PROGRAM
WITH ROBERT A. DENNISON FOR A 2.73-ACRE PARCEL AT
A COST OF $62,790, FOR A TOTAL COST NOT TO EXCEED
$64,510 INCLUSIVE OF CLOSING COSTS
Item #16A7 - (Continued from the October 8, 2024, BCC Meeting)
RESOLUTION 2024-195: A RESOLUTION AMENDING THE
GROWTH MANAGEMENT COMMUNITY DEVELOPMENT
DEPARTMENT SERVICES FEE SCHEDULE REFLECTING THE
OPERATING COSTS ASSOCIATED WITH SUBDIVISION
REVIEW, PRELIMINARY PLATS, AND MINOR EASEMENT
USE AGREEMENTS, WITH AN EFFECTIVE DATE OF
OCTOBER 8, 2024, IN ACCORDANCE WITH THE COLLIER
COUNTY CODE OF LAWS AND ORDINANCES, SECTION 2-13
Item #16A8 - (Continued from the October 8, 2024, BCC Meeting)
RESOLUTION 2024-196: A RESOLUTION FOR FINAL
ACCEPTANCE OF THE PRIVATE ROADWAY AND
DRAINAGE IMPROVEMENTS AND ACCEPTANCE OF THE
PLAT DEDICATIONS FOR THE FINAL PLAT OF AZURE AT
HACIENDA LAKES – PHASE 1 REPLAT, APPLICATION
NUMBER PL20180001774, AND AUTHORIZE THE RELEASE
OF THE MAINTENANCE SECURITY IN THE AMOUNT OF
$61,369.69
Item #16A9 - (Continued from the October 8, 2024, BCC Meeting)
October 22, 2024
Page 215
FINAL ACCEPTANCE OF THE POTABLE WATER AND
SEWER UTILITY FACILITIES AND ACCEPT THE
CONVEYANCE OF A PORTION OF THE POTABLE WATER
FACILITIES AND APPURTENANT UTILITY EASEMENT FOR
HAMPTON INN AT THE SHOPS AT HAMMOCK COVE,
PL20240006452 - FINAL INSPECTION ON JULY 18, 2024, IN
COORDINATION WITH PUBLIC UTILITIES, FOUND THESE
FACILITIES TO BE SATISFACTORY AND ACCEPTABLE
Item #16A10 - (Continued from the October 8, 2024, BCC Meeting)
FINAL ACCEPTANCE OF THE POTABLE WATER AND
SEWER UTILITY FACILITIES AND ACCEPT THE
CONVEYANCE OF A PORTION OF THE SEWER UTILITY
FACILITIES FOR CARING DENTISTRY, PL20240006813 -
FINAL INSPECTION ON AUGUST 2, 2024, FOUND THESE
FACILITIES SATISFACTORY AND ACCEPTABLE
Item #16A11 - (Continued from the October 8, 2024, BCC Meeting)
FINAL ACCEPTANCE OF THE POTABLE WATER UTILITY
FACILITIES FOR EAGLE CREEK GOLF & COUNTRY CLUB
CLUBHOUSE, PL20240009745
Item #16A12 - (Continued from the October 8, 2024, BCC Meeting)
STAFF TO ADVERTISE AN ORDINANCE AMENDING
ORDINANCE 2022-42, AS AMENDED, WHICH ESTABLISHED
MILESTONE INSPECTIONS OF AGING CONDOMINIUM AND
COOPERATIVE BUILDINGS IN UNINCORPORATED COLLIER
October 22, 2024
Page 216
COUNTY AND BRING BACK THE ORDINANCE AT AN
ADVERTISED PUBLIC HEARING
Item #16A13 - (Continued from the October 8, 2024, BCC Meeting)
THE SELECTION COMMITTEE’S RANKING RELATED TO
INVITATION TO NEGOTIATE (ITN) NO. 24-8291,
“IMMOKALEE CULINARY ACCELERATOR LEASE AND
EQUIPMENT PURCHASE” AND AUTHORIZE STAFF TO
BEGIN NEGOTIATIONS WITH THE TOP-RANKED FIRM,
CORE HEALTH PARTNERS FOUNDATION INCORPORATED,
SO THAT A PROPOSED AGREEMENT CAN BE BROUGHT
BACK FOR THE BOARD’S CONSIDERATION AT A FUTURE
MEETING
Item #16A14 - (Continued from the October 8, 2024, BCC Meeting)
DONATION AGREEMENT THAT ALLOWS SD ORANGE
BLOSSOM, LLC, A FLORIDA LIMITED LIABILITY COMPANY,
TO DONATE TWO 1.14-ACRE PARCELS ALONG WITH A
MANAGEMENT ENDOWMENT OF $239,280, TO THE
CONSERVATION COLLIER LAND ACQUISITION PROGRAM
UNDER THE OFFSITE VEGETATION RETENTION PROVISION
OF THE LAND DEVELOPMENT CODE LDC SEC 3.05.07
H.1.F.VI.(B), AT NO COST TO THE COUNTY, AND
AUTHORIZE THE CHAIRMAN TO SIGN THE DONATION
AGREEMENT AND STAFF TO TAKE ALL NECESSARY
ACTIONS TO CLOSE
Item #16A15 - (Continued from the October 8, 2024, BCC Meeting)
October 22, 2024
Page 217
A COLLIER COUNTY STANDARD FORM LONG-TERM
GROUND LEASE AND A COLLIER COUNTY STANDARD
FORM DEVELOPER AGREEMENT WITH MHP COLLIER II,
LLC, TO BUILD HOUSING THAT IS AFFORDABLE AT 6360
COLLIER BOULEVARD IN A DEVELOPMENT KNOWN AS
EKOS ON COLLIER
Item #16A16 - (Continued from the October 8, 2024, BCC Meeting)
RESOLUTION 2024-197: A RESOLUTION FOR FINAL
ACCEPTANCE OF THE PRIVATE ROADWAY AND
DRAINAGE IMPROVEMENTS AND ACCEPTANCE OF THE
PLAT DEDICATIONS FOR THE FINAL PLAT OYSTER
HARBOR AT FIDDLER’S CREEK PHASE 2, APPLICATION
NUMBER PL20160000543, AND AUTHORIZE THE RELEASE
OF THE MAINTENANCE SECURITY IN THE AMOUNT OF
$2,041,546.41
Item #16A17
THE RELEASE OF A CODE ENFORCEMENT LIEN WITH AN
ACCRUED VALUE OF $96,400, FOR A REDUCED PAYMENT
OF $894.20, IN THE CODE ENFORCEMENT ACTION TITLED
BOARD OF COUNTY COMMISSIONERS VS. LUIS RIOS
CENTENO, RELATING TO PROPERTY LEASED AT 301
FILLMORE ST., COLLIER COUNTY, FLORIDA
Item #16A18
THE CLERK OF COURTS TO RELEASE A PERFORMANCE
BOND IN THE AMOUNT OF $735,293.15 WHICH WAS POSTED
October 22, 2024
Page 218
AS A GUARANTY FOR EXCAVATION PERMIT NUMBER
PL20220004687 FOR WORK ASSOCIATED WITH CAYMAS
PHASE ONE
Item #16A19
FINAL ACCEPTANCE OF THE SEWER UTILITY FACILITIES
AND ACCEPT THE CONVEYANCE OF THE SEWER UTILITY
FACILITIES FOR FIDDLER’S CREEK PLAZA - US 41
TURNLANE OFFSITE FORCEMAIN REALIGNMENT,
PL20240002087 - AS DESCRIBED IN OFFICIAL RECORDS
(O.R.) BOOK 6391, PAGE (PG) 2100 OF THE PUBLIC RECORDS
OF COLLIER COUNTY, FLORIDA
Item #16A20
FINAL ACCEPTANCE OF THE POTABLE WATER AND
SEWER UTILITY FACILITIES AND ACCEPT THE
CONVEYANCE OF THE POTABLE WATER AND SEWER
UTILITY FACILITIES AND APPURTENANT UTILITY
EASEMENTS FOR CAYMAS PHASE ONE – PHASE 1C & 1D,
PL20230017303
Item #16A21
FINAL ACCEPTANCE AND ACCEPT THE CONVEYANCE OF
THE POTABLE WATER AND SEWER UTILITY FACILITIES
FOR GROVES AT ORANGE BLOSSOM PHASE 2B,
PL20240007175
Item #16A22
October 22, 2024
Page 219
TO ACCEPT THE CONSERVATION COLLIER ANNUAL
REPORT, PROVIDE AN UPDATE ON THE PROGRAM’S PAST
ACTIVITIES, AND TO SOLICIT ACQUISITION PROPOSALS
AND APPLICATIONS FROM THE PUBLIC
Item #16A23
THE PROPERTIES ON THE CONSERVATION COLLIER
ACTIVE ACQUISITION LIST (AAL) AND DIRECT STAFF TO
PURSUE PROJECTS RECOMMENDED WITHIN THE A-
CATEGORY, FUNDED BY CONSERVATION COLLIER LAND
ACQUISITION FUND
Item #16A24 (Moved to Item #11D Per Agenda Change Sheet)
Item #16A25
AGREEMENT NO. 24-024-NS WITH GANNETT MEDIA CORP,
D/B/A GANNETT FLORIDA LOCALIQ, FOR THE PUBLISHING
OF LEGAL AND NON-LEGAL ADVERTISEMENTS IN THE
NAPLES DAILY NEWS AND AUTHORIZE THE CHAIR TO
EXECUTE THE AGREEMENT
Item #16B1 - (Continued from the October 8, 2024, BCC Meeting)
RESOLUTION 2024-199: A RESOLUTION APPROVING AND
AUTHORIZING THE CHAIRMAN TO EXECUTE THE FY25-26
PUBLIC TRANSPORTATION GRANT AGREEMENT (PTGA)
410139-1-84-08 WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT) STATE BLOCK GRANT
October 22, 2024
Page 220
PROGRAM IN THE AMOUNT OF $2,422,884 PROVIDING FOR
STATE FUNDING FOR ELIGIBLE COLLIER COUNTY FIXED-
ROUTE TRANSIT ADMINISTRATIVE, MANAGEMENT, AND
OPERATIONAL EXPENSES IN THE AMOUNT OF $1,211,442,
APPROVE A LOCAL MATCH IN THE AMOUNT OF $1,211,442
AND AUTHORIZE THE NECESSARY BUDGET
AMENDMENTS (COLLIER AREA TRANSIT GRANT FUND
4031)
Item #16B2 - (Continued from the October 8, 2024, BCC Meeting)
AGREEMENT FOR THE PURCHASE OF A ROAD RIGHT-OF-
WAY, DRAINAGE, AND UTILITY EASEMENT (PARCEL
1508RDUE) REQUIRED FOR THE VANDERBILT BEACH
ROAD EXT – PHASE 2 PROJECT (PROJECT NO. 60249).
ESTIMATED FISCAL IMPACT: $18,200
Item #16B3 - (Continued from the October 8, 2024, BCC Meeting)
AWARD REQUEST FOR PROFESSIONAL SERVICES NO. 23-
8196, “CEI SERVICES FOR 16TH STREET NE BRIDGE,” TO
HARDESTY & HANOVER CONSTRUCTION SERVICES, LLC,
IN THE AMOUNT OF $1,633,476.71, AND AUTHORIZE THE
CHAIRMAN TO SIGN THE ATTACHED AGREEMENT
(PROJECT #60212)
Item #16B4 - (Continued from the October 8, 2024, BCC Meeting)
AGREEMENT WITH BIG CYPRESS STEWARDSHIP DISTRICT
(DISTRICT) TO COORDINATE THE CONSTRUCTION AND
COST SHARING OF TRANSPORTATION IMPROVEMENTS AT
October 22, 2024
Page 221
THE INTERSECTION OF GOLDEN GATE BOULEVARD AND
DESOTO BOULEVARD
Item #16B5 - (Continued from the October 8, 2024, BCC Meeting)
AGREEMENT FOR THE PURCHASE OF A DRAINAGE
EASEMENT (PARCEL 153DE) REQUIRED FOR THE WEST
GOODLETTE-FRANK ROAD AREA STORMWATER
IMPROVEMENT PROJECT PHASE 2 (PROJECT NO. 60142).
ESTIMATED FISCAL IMPACT: $5,875
Item #16B6 - (Continued from the October 8, 2024, BCC Meeting)
A MEMORANDUM OF UNDERSTANDING (MOU) WITH THE
FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND
MOTOR VEHICLES FOR REDACTED CRASH DATA
Item #16B7 - (Continued from the October 8, 2024, BCC Meeting)
AGREEMENT FOR THE PURCHASE OF RIGHT-OF-WAY
(PARCEL 1330FEE) REQUIRED FOR THE VANDERBILT
BEACH ROAD EXT – PHASE 2 PROJECT (PROJECT NO.
60249). ESTIMATED FISCAL IMPACT: $43,800
Item #16B8 - (Continued from the October 8, 2024, BCC Meeting)
AFTER-THE-FACT PAYMENT IN THE AMOUNT OF $52,168.50
TO AIM ENGINEERING & SURVEYING, INC., FOR THE
“PALM RIVER WEIR REPLACEMENT” PROJECT UNDER
AGREEMENT NO. 18-7432-CE, “PROFESSIONAL SERVICES
LIBRARY CIVIL ENGINEERING CATEGORY” FOR WORK
October 22, 2024
Page 222
COMPLETED TO THE SATISFACTION OF THE COUNTY.
(PROJECT NUMBER 60234)
Item #16B9 - (Continued from the October 8, 2024, BCC Meeting)
AFTER-THE-FACT PAYMENT IN THE AMOUNT OF
$395,513.10 TO COASTAL CONCRETE PRODUCTS, LLC,
D/B/A COASTAL SITE DEVELOPMENT, FOR THE
COMPLETED “HARBOR-HOLIDAY PIPE REPLACEMENT”
PROJECT UNDER AGREEMENT NO. 20-7800,
“UNDERGROUND CONTRACTOR SERVICES” FOR WORK
COMPLETED TO THE COUNTY'S SATISFACTION. (PROJECT
NUMBER 50210)
Item #16B10 - (Continued from the October 8, 2024, BCC Meeting)
AFTER-THE-FACT PAYMENT IN THE AMOUNT OF
$198,715.84 TO COASTAL CONCRETE PRODUCTS, LLC D/B/A
COASTAL SITE DEVELOPMENT FOR THE COMPLETED
“FOREST HILLS BOULEVARD STORMWATER
MANAGEMENT IMPROVEMENTS” PROJECT UNDER
AGREEMENT NO. 20-7800, “UNDERGROUND CONTRACTOR
SERVICES” FOR WORK COMPLETED TO THE
SATISFACTION OF THE COUNTY. (PROJECT NUMBER 60224)
Item #16B11 - (Continued from the October 8, 2024, BCC Meeting)
AWARD INVITATION TO BID ("ITB") NO. 24-8260, “TREE
RELOCATIONS AND IRRIGATION INSTALLATION FROM I-75
AT PINE RIDGE RD TO I-75 AT GOLDEN GATE PKWY
October 22, 2024
Page 223
PROJECT," TO VISUALSCAPE, INC., IN THE AMOUNT OF
$741,743.40, APPROVE THE NECESSARY BUDGET
AMENDMENTS, AND AUTHORIZE THE CHAIRMAN TO SIGN
THE ATTACHED AGREEMENT
Item #16B12
TWO AGREEMENTS FOR THE PURCHASE OF PARCELS
101FEE1 AND 101FEE2 REQUIRED FOR CONSTRUCTION OF
THE LAKE PARK FLOW WAY PROJECT (PROJECT 60246)
AND TO APPROVE THE NECESSARY BUDGET
AMENDMENT. ESTIMATED FISCAL IMPACT: $583,550 -
LOCATED SOUTH OF TAMIAMI TRAIL EAST
Item #16B13
AGREEMENT FOR THE PURCHASE OF RIGHT OF WAY
(PARCEL 1344FEE) REQUIRED FOR THE VANDERBILT
BEACH ROAD EXT – PHASE 2 PROJECT (PROJECT NO.
60249) ESTIMATED FISCAL IMPACT: $7,051
Item #16B14
AGREEMENT FOR THE PURCHASE OF RIGHT OF WAY
(PARCEL 1314FEE) REQUIRED FOR THE VANDERBILT
BEACH ROAD EXT – PHASE 2 PROJECT (PROJECT NO.
60249) ESTIMATED FISCAL IMPACT: $31,200
Item #16B15
AGREEMENT FOR THE PURCHASE OF RIGHT OF WAY
October 22, 2024
Page 224
(PARCEL 1376FEE) REQUIRED FOR THE VANDERBILT
BEACH ROAD EXT – PHASE 2 PROJECT (PROJECT NO.
60249). ESTIMATED FISCAL IMPACT: $75,500 – THE PROJECT
WHICH WILL EXTEND VANDERBILT BEACH ROAD FROM
16TH STREET NE TO EVERGLADES BOULEVARD; PROVIDE
SIDEWALKS; A SHARED USE PATHWAY; BIKE LANES;
DRAINAGE; AND RELATED IMPROVEMENTS
Item #16B16
AGREEMENT FOR THE PURCHASE OF RIGHT OF WAY
(PARCEL 1301FEE) REQUIRED FOR THE VANDERBILT
BEACH ROAD EXT – PHASE 2 PROJECT (PROJECT NO.
60249). ESTIMATED FISCAL IMPACT: $62,400
Item #16B17
AWARD INVITATION TO BID (“ITB”) NO. 24-8258, “DAVIS
BLVD LANDSCAPE MAINTENANCE – WORK AREA 26,” TO
MAINSCAPE, INC., AS THE PRIMARY VENDOR, AND
SUPERB LANDSCAPE SERVICES, INC., AS THE SECONDARY
VENDOR, AND AUTHORIZE THE CHAIRMAN TO SIGN THE
ATTACHED AGREEMENTS
Item #16B18
AWARD INVITATION TO BID (“ITB”) NO. 24-8253,
“PURCHASE AND DELIVERY OF AGGREGATES,” TO GRIPPO
PAVEMENT MAINTENANCE, INC., J & Y GROUP
ENTERPRISES, LLC., AND QUALITY ENTERPRISES USA,
INC., ON A PRIMARY, SECONDARY AND TERTIARY BASIS,
October 22, 2024
Page 225
AND AUTHORIZE THE CHAIRMAN TO SIGN THE
ATTACHED AGREEMENTS
Item #16B19
ACCEPT THE AWARD AND AUTHORIZE THE CHAIRMAN TO
EXECUTE GRANT AGREEMENT NO. 24CO1 BETWEEN
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
AND THE FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION FOR FUNDING REIMBURSEMENT AND
SUPPORT FOR COLLIER COUNTY BEACH RENOURISHMENT
PROJECTS
Item #16B20
AMENDMENT NO. 3 OF ENVIRONMENTAL PROTECTION
BUREAU OF BEACHES AND COASTAL SYSTEMS, BEACH
MANAGEMENT FUNDING ASSISTANCE PROGRAM, TO
INCREASE STATE FUNDING BY $107,000, FOR A TOTAL
AMOUNT OF $1,868,070.50, EXTEND THE AGREEMENT FOR
ONE YEAR FOR DREDGING OF WIGGINS PASS, AND MAKE
A FINDING THAT THIS ITEM PROMOTES TOURISM
Item #16B21
CHANGE ORDER NO. 1 UNDER AGREEMENT NO. 23-8099 TO
UTILIZE THE OWNER’S ROADWAY ALLOWANCE IN THE
AMOUNT OF $3,100 FOR ADDITIONAL MODIFIED FENCE
GATES AND ADD 10 ADDITIONAL DAYS FOR THE
VETERANS MEMORIAL BLVD. PHASE 1 – NOISE BARRIER
WALL PROJECT (PROJECT NO. 60198)
October 22, 2024
Page 226
Item #16B22
AWARD INVITATION TO BID (“ITB”) 24-8213,
“REHABILITATION OF BRIDGES AT IMMOKALEE ROAD
AND NORTH NAPLES CANAL AND AT RANDALL
BOULEVARD OVER GOLDEN GATE MAIN CANAL” TO
THOMAS MARINE CONSTRUCTION, INC., IN THE AMOUNT
OF $1,392,434.40, APPROVE THE OWNER’S ALLOWANCE OF
$111,000, AND AUTHORIZE THE CHAIRMAN TO SIGN THE
ATTACHED AGREEMENT (PROJECT #66066)
Item#16C1 - (Continued from the October 8, 2024, BCC Meeting)
CHANGE ORDER NO. 2, ADDING ELEVEN DAYS TO
AGREEMENT NO. 23-8187, WITH POWERSERVE
TECHNOLOGIES, INC., FOR THE “33 LIFT STATION PANELS
REPLACEMENT” PROJECT, AND AUTHORIZE THE
CHAIRMAN TO SIGN THE ATTACHED CHANGE ORDER
(PROJECT NO. 50280.6.4)
Item #16C2 - (Continued from the October 8, 2024, BCC Meeting)
AGREEMENT NO. 24-031-NS, “HACH LAB EQUIPMENT,
PRODUCTS, AND SERVICES,” WITH HACH COMPANY IN AN
ESTIMATED AMOUNT OF $350,000 PER FISCAL YEAR
UNDER A SOLE-SOURCE WAIVER FOR A PERIOD OF THREE
YEARS, WITH THREE ONE-YEAR RENEWAL OPTIONS, AND
AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED
AGREEMENT
October 22, 2024
Page 227
Item #16C3 - (Continued from the October 8, 2024, BCC Meeting)
AWARD INVITATION TO BID (“ITB”) NO. 24-8269, “NORTH
COUNTY WATER RECLAMATION FACILITY VACTOR
TRUCK DISPOSAL MODIFICATION & EXPANSION,” TO
DOUGLAS N. HIGGINS, INC., IN THE AMOUNT OF
$591,320.00, APPROVE AN OWNER’S ALLOWANCE OF
$40,000, AND AUTHORIZE THE CHAIRMAN TO SIGN THE
ATTACHED AGREEMENT
Item #16C4 - (Continued from the October 8, 2024, BCC Meeting)
AWARD A REQUEST FOR QUOTATION (“RFQ”) UNDER
AGREEMENT NO. 20-7800, THE “UNDERGROUND
CONTRACTOR SERVICES” FOR THE “NESA – IRRIGATION
SYSTEM” PROJECT TO DOUGLAS N. HIGGINS, INC., IN THE
AMOUNT OF $696,466, APPROVE AN OWNER’S
ALLOWANCE OF $50,000, APPROVE THE NECESSARY
BUDGET AMENDMENTS, AND AUTHORIZE STAFF TO OPEN
A PURCHASE ORDER FOR THE WORK. (PROJECT #70194)
Item #16C5
THE BOARD OF COUNTY COMMISSIONERS DIRECT THE
COUNTY MANAGER OR HER DESIGNEE TO NEGOTIATE
AND SECURE CONTINUATION OF EXISTING BEST VALUE
SERVICES FOR SOLID WASTE, RECYCLABLE MATERIALS,
AND YARD TRASH COLLECTION WITH WASTE
MANAGEMENT INC., OF FLORIDA, AND WASTE PRO OF
FLORIDA, INC., AND TO BRING BACK NEGOTIATED
AGREEMENTS FOR CONSIDERATION AND APPROVALS
October 22, 2024
Page 228
Item #16C6
AGREEMENT NO. 24-056-NS, “PROMINENT EQUIPMENT,
PARTS, AND SERVICES,” WITH TRINOVA, INC., UNDER A
SINGLE SOURCE WAIVER, APPROVE EXPENDITURES FOR
AN ESTIMATED AMOUNT OF $100,000 PER EACH FISCAL
YEAR FOR THE DURATION OF THE FIVE-YEAR
AGREEMENT, AND AUTHORIZE THE CHAIRMAN TO SIGN
THE ATTACHED AGREEMENT
Item #16C7
AGREEMENT NO. 24-057-NS, “ENDRESS HAUSER PRODUCTS
AND SERVICES,” WITH ENDRESS + HAUSER, INC., FOR A
PERIOD OF FIVE YEARS UNDER A SINGLE SOURCE
WAIVER, AUTHORIZE EXPENDITURES IN AN ESTIMATED
AMOUNT OF $400,000 PER FISCAL YEAR AND $2,000,000
FOR THE TERM OF THE FIVE-YEAR AGREEMENT AND
AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED
AGREEMENT
Item #16C8
AFTER-THE-FACT PAYMENT IN THE AMOUNT OF
$152,032.21 ON PAY APPLICATION NO. 9 TO MITCHELL &
STARK CONSTRUCTION COMPANY, INC., FOR WORK
COMPLETED FOR CHANGE ORDERS NO. 4, 5, 6 AND 9
UNDER AGREEMENT NO. 20-7769, “SCRWTP REACTOR
TANK 4,” AND MAKE A FINDING THAT THIS
EXPENDITURE HAS A VALID PUBLIC PURPOSE (PROJECT
October 22, 2024
Page 229
#70135)
Item #16C9
BUDGET AMENDMENTS TO RECOGNIZE $3,814,600 IN
CARRY-FORWARD REVENUES DEPOSITED IN THE
DISASTER RECOVERY FUND (1813) RECEIVED FROM THE
INSURANCE PROCEEDS RELATED TO THE HURRICANE IAN
CLAIMS IN FY24 AND ALLOCATE $3,814,600 WITHIN THE
SAME FUND (1813) FOR WATER-SEWER DISTRICT
RECOVERY EFFORTS
Item #16D1 - (Continued from the October 8, 2024, BCC Meeting)
AWARD REQUEST FOR PROPOSAL (RFP) NO. 23-8189,
“PROFESSIONAL SERVICES FOR ADMINISTRATION OF U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
(HUD) ENTITLEMENT GRANTS,” TO FLORIDA HOUSING
COALITION, INC., AS THE PRIMARY VENDOR, AND TO
NORTHEAST & BUCKS CO., D/B/A MULLIN & LONERGAN
ASSOCIATES INC., AS THE SECONDARY VENDOR, AND
AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED
AGREEMENTS
Item #16D2 - (Continued from the October 8, 2024, BCC Meeting)
AFTER-THE-FACT EMERGENCY HOME ENERGY
ASSISTANCE PROGRAM SEVENTH AND EIGHTH
AMENDMENT BETWEEN THE AREA AGENCY ON AGING
FOR SOUTHWEST FLORIDA INC., AND COLLIER COUNTY
SERVICES FOR SENIORS EMERGENCY HOME ENERGY
October 22, 2024
Page 230
ASSISTANCE PROGRAM FY24 TO RENEW THE AGREEMENT
FOR ONE YEAR, REPLACE ATTACHMENT II EXHIBIT 5-
FUNDING SUMMARY (2024-2025); REPLACE ATTACHMENT
IX-BUDGET SUMMARY (2024-2025); RECOGNIZE
ADDITIONAL FUNDING IN THE AMOUNT OF $12,371.73,
BRINGING THE TOTAL AWARD TO $328,918.78; AND
AUTHORIZE THE NECESSARY BUDGET AMENDMENT
(HUMAN SERVICES GRANT FUND 1837)
Item #16D3 - (Continued from the October 8, 2024, BCC Meeting)
HUD ESG-CV GRANT CLOSEOUT AGREEMENT TO CLOSE
OUT THE EMERGENCY SOLUTIONS GRANT-CV FOR THE
PROGRAM YEAR 2020 (FUND 1835)
Item #16D4
FIRST AMENDMENT BETWEEN COLLIER COUNTY AND THE
COLLIER COUNTY HOUSING AUTHORITY TO AMEND
COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT
#CD23-01 TO ADD AND FUND A SECOND PROJECT
COMPONENT FOR ADDITIONAL REQUIRED ACTIVITIES.
(HOUSING GRANT FUND 1835)
Item #16D5
ONE (1) RELEASE OF LIEN FOR AN AFFORDABLE HOUSING
DENSITY BONUS FOR A UNIT THAT IS NO LONGER
SUBJECT TO THE TERMS OF THE AGREEMENT
Item #16D6
October 22, 2024
Page 231
THE FISCAL YEAR 2024-2025 YEAR 2 AMERICORPS
SEPTEMBER 11TH NATIONAL DAY OF SERVICE AND
REMEMBRANCE GRANT AWARD IN THE AMOUNT OF
$196,561, ALLOW THE COUNTY MANAGER OR HER
DESIGNEE TO SERVE AS THE AUTHORIZED
REPRESENTATIVE FOR THE GRANTOR ELECTRONIC
SUBMISSION SYSTEM, EGRANTS, THROUGHOUT THE
GRANT AWARD PERIOD, AND AUTHORIZE THE
NECESSARY BUDGET AMENDMENT (HOUSING GRANT
FUND 1835)
Item #16D7
AGREEMENT BETWEEN COLLIER COUNTY AND
RENAISSANCE HALL SENIOR LIVING, LLLP, AGREEMENT
ARP21-26 FOR $538,357 FOR IMPACT FEES ASSOCIATED
WITH THE PHASE II AFFORDABLE SENIOR HOUSING
PROJECT AT THE FORMER GOLDEN GATE GOLF COURSE
TO FURTHER AFFORDABLE HOUSING INITIATIVES
PROVIDED THROUGH A GRANT FROM THE U.S.
DEPARTMENT OF THE TREASURY, STATE AND LOCAL
FISCAL RECOVERY FUNDS (HOUSING GRANTS FUND 1835,
PROJECT #33765)
Item #16D8
A FOURTH AMENDMENT TO AGREEMENT NO. 19-7500
WITH G.A. FOOD SERVICES OF PINELLAS COUNTY, LLC,
D/B/A G.A. FOOD SERVICE, TO EXTEND THE TERM TO
PROVIDE SERVICES FOR THE SENIOR FOOD PROGRAM,
October 22, 2024
Page 232
AND AUTHORIZE THE CHAIRMAN TO SIGN THE
ATTACHED AMENDMENT
Item #16D9
SECOND AMENDMENT TO THE COMMUNITY
DEVELOPMENT BLOCK GRANT SUBRECIPIENT
AGREEMENT #CD22-02 BETWEEN COLLIER COUNTY AND
THE SHELTER FOR ABUSED WOMEN & CHILDREN,
INC., TO REALLOCATE FUNDS FOR DISASTER-RELATED
EXPENDITURES (HOUSING GRANT FUND 1835)
Item #16D10
FIRST AMENDMENT TO THE SUBRECIPIENT AGREEMENT
BETWEEN COLLIER COUNTY AND COLLIER COUNTY
COMMUNITY REDEVELOPMENT AGENCY (IMMOKALEE)
TO AMEND COMMUNITY DEVELOPMENT BLOCK GRANT
AGREEMENT #CD22-03 TO EXTEND THE PERIOD OF
PERFORMANCE (HOUSING GRANT FUND 1835)
Item #16E1 - (Continued from the October 8, 2024, BCC Meeting)
AUTHORIZE EXPENDITURES UNDER A SINGLE-SOURCE
WAIVER FOR A PERIOD OF FIVE YEARS, FROM FY 2025
THROUGH FY 2029, IN AN AMOUNT NOT TO EXCEED
$100,000 PER FISCAL YEAR, TO OBTAIN ORIGINAL
EQUIPMENT MANUFACTURER (“OEM”) AND NON-OEM
PARTS, SUPPLIES, FREIGHT, AND SERVICES FROM ETR,
LLC (“ETR”) NECESSARY TO MAINTAIN COUNTY
AMBULANCES AND EMERGENCY EQUIPMENT
October 22, 2024
Page 233
Item #16E2 - (Continued from the October 8, 2024, BCC Meeting)
RECOGNIZE THE APPROVAL OF THE RENEWAL TERM OF
CONTRACT #18-7341-WV AND APPROVE THE
EXPENDITURE THROUGH A SINGLE-SOURCE WAIVER FOR
A PERIOD OF FIVE (5) YEARS FOR THE PURCHASE OF RISK
MANAGEMENT INFORMATION SYSTEM SOFTWARE FROM
RISKONNECT CLEARSIGHT, LLC, FOR AN AMOUNT NOT TO
EXCEED $176,127 PER FISCAL YEAR, AND APPROVE ANY
OUTSTANDING INVOICES
Item #16E3 - (Continued from the October 8, 2024, BCC Meeting)
AUTHORIZE ROUTINE AND CUSTOMARY BUDGET
AMENDMENTS APPROPRIATING CARRY FORWARD
BUDGET IN THE AMOUNT OF $16,746,548.29 FOR APPROVED
OPEN PURCHASE ORDERS INTO FY2025
Item #16E4 - (Continued from the October 8, 2024, BCC Meeting)
AN AMENDMENT AND RESTATEMENT OF LEASEHOLD
AGREEMENT WITH THE CITY OF NAPLES AIRPORT
AUTHORITY FOR THE EMS HELICOPTER MEDFLIGHT
OPERATION AT THE NAPLES AIRPORT FOR FIVE (5) YEARS
WITH AN OPTION FOR A (5) FIVE-YEAR RENEWAL
Item #16E5
THE ADMINISTRATIVE REPORT PREPARED BY THE
PROCUREMENT SERVICES DIVISION FOR VARIOUS
October 22, 2024
Page 234
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 $831.00
Item #16F1 - (Continued from the October 8, 2024, BCC Meeting)
AWARD CONSTRUCTION INVITATION TO BID (“ITB”) NO.
23-8179, THE “COLLIER BOULEVARD BOATING PARK
IMPROVEMENTS” TO KELLY BROTHERS, INC., IN THE
AMOUNT OF $1,224,873.00, APPROVE AN OWNER’S
ALLOWANCE OF $50,000, AUTHORIZE THE CHAIRMAN TO
SIGN THE ATTACHED AGREEMENT, AND APPROVE THE
NECESSARY BUDGET AMENDMENT. (PROJECT NO. 80404)
Item #16F2
INVITATION TO BID (“ITB”) NO. 24-8255, THE “PARKING
LOT PROGRAM IMMOKALEE SITES” TO PAVEMENT
MAINTENANCE, LLC., IN THE AMOUNT OF $1,219,694.50,
APPROVE AN OWNER’S ALLOWANCE OF $160,000.00, AND
AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED
AGREEMENT. (PROJECT NO. 50225)
Item #16F3
THE CONVEYANCE OF EASEMENT TO FLORIDA POWER &
LIGHT CO., TO PROVIDE SPACE FOR A PAD-MOUNTED
TRANSFORMER AND METER TO DELIVER ELECTRIC
SERVICE AT THE NEW CONSTRUCTION COLLIER EMS
STATION NO. 74 AT 99 DE SOTO BOULEVARD SOUTH. (2024-
October 22, 2024
Page 235
1070)
Item #16F4
AWARD INVITATION TO BID (“ITB”) NO. 24-8246, “LIFT
STATION PREVENTATIVE MAINTENANCE AND REPAIRS,”
TO FLORIDA UTILITY SOLUTIONS, INC., AS THE PRIMARY
VENDOR, AND U.S. WATER SERVICES CORPORATION, AS
THE SECONDARY VENDOR, AND AUTHORIZE THE
CHAIRMAN TO SIGN THE ATTACHED AGREEMENTS
Item #16F5
APPROVAL OF $1,000 TO SETTLE THE EMS INVOICE
REGARDING SERVICES RENDERED TO STEPHEN ZELONKA
Item #16F6 (Moved to Item #11E Per Agenda Change Sheet)
Item #16F7
THE TRANSITION FROM A 2COP (BEER AND WINE)
LICENSE TO A 4COP (BEER, WINE, AND LIQUOR) LICENSE
FOR THE PARADISE COAST SPORTS COMPLEX (“SPORTS
COMPLEX”) TO ALLOW FOR THE SALE OF LIQUOR IN
ADDITION TO BEER AND WINE CONSISTENT WITH
OPERATING PLANS FOR THE SPORTS COMPLEX AND FC
NAPLES, AND AUTHORIZE THE COUNTY MANAGER OR
DESIGNEE TO SIGN THE FLORIDA DEPARTMENT OF
BUSINESS AND PROFESSIONAL REGULATION
APPLICATION FOR THE LICENSE TRANSITION
October 22, 2024
Page 236
Item #16H1 - (Continued from the October 8, 2024, BCC Meeting)
PROCLAMATION DESIGNATING OCTOBER 2024 AS
DOMESTIC VIOLENCE AWARENESS MONTH IN COLLIER
COUNTY. TO BE MAILED TO LINDA OBERHAUS, CHIEF
EXECUTIVE OFFICER, THE SHELTER FOR ABUSED
WOMEN & CHILDREN
Item #16H2 - (Continued from the October 8, 2024, BCC Meeting)
PROCLAMATION DESIGNATING OCTOBER 2024 AS SAFE
INFANT SLEEP MONTH IN COLLIER COUNTY. TO BE
MAILED TO THE FLORIDA DEPARTMENT OF HEALTH
COLLIER COUNTY
Item #16J1 - (Continued from the October 8, 2024, BCC Meeting)
AMENDMENT FIVE TO PROFESSIONAL SERVICES
AGREEMENT NO. 21-7936, “PROFESSIONAL SERVICES FOR
SAP S/4 HANA IMPLEMENTATION” WITH PHOENIX
BUSINESS, INC., D/B/A PHOENIX BUSINESS CONSULTING
FOR TASKS RELATED TO SAP SUCCESS FACTORS
WORKFORCE JOB SCHEDULING FOR EMS 56 AND
BATTALION CHIEF AS WELL AS ADDITIONAL TIME AND
FUNDING FOR THE BOARD RELATED PORTION OF THE
NEW INTEGRATED SAP TIME AND ATTENDANCE PAYROLL
PLATFORM IN THE NOT TO EXCEED AMOUNT OF
$392,539.00 (PROJECT NUMBER 50017)
Item #16J2 - (Continued from the October 8, 2024, BCC Meeting)
October 22, 2024
Page 237
A $300,000 PARTIAL RELEASE OF FUNDS HELD IN
RETENTION AS PART OF THE MEDIATED SETTLEMENT
AGREEMENT ENTERED INTO BY COLLIER COUNTY,
FLORIDA AND MANHATTAN CONSTRUCTION FLORIDA,
INC., ON JULY 25, 2023, PERTAINING TO THE
CONSTRUCTION OF THE PARADISE COAST SPORTS PARK
Item #16J3 - (Continued from the October 8, 2024, BCC Meeting)
VALID PUBLIC PURPOSE FOR INVOICES PAYABLE AND
PURCHASING CARD TRANSACTIONS AS OF OCTOBER 2,
2024
Item #16J4 - (Continued from the October 8, 2024, BCC Meeting)
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 $39,030,441.71 WERE DRAWN FOR THE
PERIODS BETWEEN SEPTEMBER 12, 2024, AND
SEPTEMBER 25, 2024, PURSUANT TO FLORIDA STATUTE
136.06
Item #16J5
VALID PUBLIC PURPOSE FOR INVOICES PAYABLE AND
PURCHASING CARD TRANSACTIONS AS OF OCTOBER 16,
2024
Item #16J6
October 22, 2024
Page 238
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 $78,006,748.94 WERE DRAWN FOR THE
PERIODS BETWEEN SEPTEMBER 26, 2024, AND OCTOBER 9,
2024, PURSUANT TO FLORIDA STATUTE 136.06
Item #16J7
TAX COLLECTOR REQUEST FOR ADVANCE COMMISSIONS
IN ACCORDANCE WITH FLORIDA STATUTE 192.102(1) FOR
FY2025
Item #16K1 - (Continued from the October 8, 2024, BCC Meeting)
A FULL VALUE SETTLEMENT PLUS SHARED COURT COSTS
OF $2,018.50 AND AUTHORIZE THE CHAIRMAN TO
EXECUTE A PROPERTY DAMAGE RELEASE TO SETTLE THE
LAWSUIT STYLED COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS V. ABIGAIL ARIAS PEREZ PENDING IN
THE COUNTY COURT OF THE TWENTIETH JUDICIAL
CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA, CASE
NO. 24-SC-1661
Item #16K2 - (Continued from the October 8, 2024, BCC Meeting)
RESOLUTION 2024-200: TO APPOINT A MEMBER TO THE
BAYSHORE BEAUTIFICATION ADVISORY COMMITTEE –
OSCAR PEREZ, WITH TERM EXPIRING ON MARCH 3, 2029
October 22, 2024
Page 239
Item #16K3 - (Continued from the October 8, 2024, BCC Meeting)
SETTLEMENT AGREEMENT IN THE LAWSUIT STYLED RITA
GAFFNEY V. COLLIER COUNTY, (CASE NO. 23-CA-1514),
NOW PENDING IN THE CIRCUIT COURT OF THE 20TH
JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY,
FLORIDA, FOR THE SUM OF $25,000.00
Item #16K4 - (Continued from the October 8, 2024, BCC Meeting)
RESOLUTION 2024-201: TO APPOINT MICHELLE MCLEOD AS
A MEMBER TO THE COLLIER COUNTY PLANNING
COMMISSION, REPRESENTING COMMISSION DISTRICT 4 –
WITH TERMS EXPIRING ON OCTOBER 1, 2028
Item #16K5
RESOLUTION 2024-202: TO APPOINT THREE MEMBERS TO
THE HISTORIC/ARCHAEOLOGICAL PRESERVATION
BOARD – APPOINTING RACHEL HANSEN AND
REAPPOINTING HANK SENTOWSKI AND ZACHARY BURCH
TO THE HISTORIC/ARCHAEOLOGICAL PRESERVATION
BOARD, EACH TO A THREE-YEAR TERM EXPIRING ON
OCTOBER 1, 2027
Item #16K6
RESOLUTION 2024-203: TO APPOINT LLOYD WIRSHBA TO
THE INFRASTRUCTURE SURTAX CITIZEN OVERSIGHT
COMMITTEE - WITH TERM EXPIRING ON JANUARY 12, 2026
October 22, 2024
Page 240
Item #16K7
RESOLUTION 2024-204: TO APPOINT LISA MCGARITY TO
THE LELY GOLF ESTATES BEAUTIFICATION ADVISORY
COMMITTEE – TO FILL THE REMAINDER OF A VACANT
TERM EXPIRING ON OCTOBER 1, 2025
Item #17A - (Continued from the October 8, 2024, BCC Meeting)
RESOLUTION 2024-205: A RESOLUTION APPROVING
AMENDMENTS (APPROPRIATING CARRY FORWARD,
TRANSFERS, AND SUPPLEMENTAL REVENUE) TO THE
FISCAL YEAR 2024-25 ADOPTED BUDGET
Item #17B
RESOLUTION 2024-206: PETITION VAC-PL20220008282, TO
DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND
THE PUBLIC INTEREST IN A PORTION OF THE PELICAN
BAY IMPROVEMENT DISTRICT DRAINAGE EASEMENT
(P.B.I.D.D.E.), AS RECORDED IN OFFICIAL RECORD BOOK
790, PAGE 1803, OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA, LOCATED APPROXIMATELY 420 FEET
WEST OF THE INTERSECTION OF PELICAN BAY
BOULEVARD AND GULF PARK DRIVE, IN SECTION 4,
TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY,
FLORIDA, AND TO ACCEPT PETITIONER’S GRANT OF
REPLACEMENT DRAINAGE EASEMENTS
Item #17C
October 22, 2024
Page 241
RESOLUTION 2024-207: A RESOLUTION RENAMING A
PLATTED STREET FROM EUSTIS AVENUE, BETWEEN S. 1ST
STREET AND S. 9TH STREET, TO HOWARD WAY. THE
STREET IS LOCATED IN IMMOKALEE, IN SECTION 4,
TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY,
FLORIDA (PL20240010038)
Item #17D
ORDINANCE 2024-43; ORDINANCE 2024-43A: AN
ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
PROPOSING AN AMENDMENT TO THE COLLIER COUNTY
GROWTH MANAGEMENT PLAN, ORDINANCE 89-05, AS
AMENDED, SPECIFICALLY AMENDING THE POTABLE
WATER SUB-ELEMENT OF THE PUBLIC FACILITIES
ELEMENT TO AMEND POLICY 1.7 TO REFERENCE THE
UPDATED TEN-YEAR WATER SUPPLY FACILITIES WORK
PLAN, AND AMENDING THE CAPITAL IMPROVEMENT
ELEMENT TO CHANGE THE LEVEL OF SERVICE
STANDARDS FOR COUNTY POTABLE WATER SYSTEMS
AND COUNTY SANITARY SEWER-WASTEWATER
TREATMENT SYSTEMS; FURTHERMORE DIRECTING
TRANSMITTAL OF THE AMENDMENT TO THE FLORIDA
DEPARTMENT OF COMMERCE (PL20240000400)
Item #17E
RESOLUTION 2024-208: A RESOLUTION APPROVING
AMENDMENTS (APPROPRIATING CARRY FORWARD,
TRANSFERS AND SUPPLEMENTAL REVENUE) TO THE
October 22, 2024
Page 242
FISCAL YEAR 2024-25 ADOPTED BUDGET. (THE BUDGET
AMENDMENTS IN THE ATTACHED RESOLUTION HAVE
BEEN REVIEWED AND APPROVED BY THE BOARD OF
COUNTY COMMISSIONERS VIA SEPARATE EXECUTIVE
SUMMARIES.)
*****
October 22, 2024
Page 243
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 4:41 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS CONTROL
________________________________________
CHRIS HALL, CHAIRMAN
ATTEST
CRYSTAL K. KINZEL, CLERK
____________________________
These minutes approved by the Board on ______________________,
as presented __________ or as corrected __________.
TRANSCRIPT PREPARED ON BEHALF OF FORT MYERS
COURT REPORTING BY TERRI L. LEWIS, REGISTERED
PROFESSIONAL COURT REPORTER, FPR-C, AND NOTARY
PUBLIC.