BCC Minutes 10/08/2019 ROctober 8, 2019
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TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, October 8, 2019
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 members present:
CHAIRMAN: William L. McDaniel, Jr.
Burt L. Saunders
Donna Fiala
Andy Solis
Penny Taylor
ALSO PRESENT:
Leo Ochs, County Manager
Nick Casalanguida, Deputy County Manager
Jeffrey A. Klatzkow, County Attorney
Crystal K. Kinzel, Clerk of the Circuit Court & Comptroller
Derek Johnssen, Director of Finance & Accounting
Troy Miller, Communications & Customer Relations
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October 8, 2019
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 8, 2019
9:00 AM
Commissioner William L. McDaniel, Jr., District 5 - Chair; CRAB Co-Chair
Commissioner Burt Saunders, District 3 – Vice-Chair
Commissioner Donna Fiala, District 1; CRAB Co-Chair
Commissioner Andy Solis, District 2
Commissioner Penny Taylor, District 4
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
(3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN.
REQUESTS TO PETITION THE BOARD ON SUBJECTS WHICH ARE NOT ON
THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION
TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF
THE MEETING AND WILL BE HEARD UNDER “PUBLIC PETITIONS.”
PUBLIC PETITIONS ARE LIMITED TO THE PRESENTER, WITH A
MAXIMUM TIME OF TEN MINUTES.
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October 8, 2019
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 FACILITIES MANAGEMENT DIVISION.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Reverend Beverly Duncan, Member of Naples United Church of Christ
Invocation given
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.)
Approved and/or adopted w/changes – 5/0
B. September 10, 2019 BCC Meeting Minutes
Approved as presented – 5/0
C. September 19, 2019 BCC Budget Hearing Meeting Minutes
Approved as presented – 5/0
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October 8, 2019
Artist of the Month – D. Mariah Price
3. AWARDS AND RECOGNITIONS
A. EMPLOYEE
B. ADVISORY BOARD MEMBERS
C. RETIREES
D. EMPLOYEE OF THE MONTH
4. PROCLAMATIONS
A. Proclamation designating October 2019 as Domestic Violence Awareness
Month in Collier County. To be accepted by Linda Oberhaus, Chief
Executive Officer, Shelter for Abused Women & Children and Collier
County Sheriff Kevin Rambosk.
Adopted – 5/0
5. PRESENTATIONS
A. Presentation of the Collier County Business of the Month for October 2019
to JP Brett & Sons Air Conditioning. To be accepted by Dan Brett, Debbie
Brett, Krystal Casey, Casey Merriam, and Ben Casey. Also attending is
Bethany Sawyer representing the Greater Naples Chamber of Commerce.
Presented
B. Presentation of the Distinguished Budget Presentation Award for Fiscal Year
2019 from the Government Finance Officers Association (GFOA) presented
to the Office of Management and Budget. To be accepted by Mark Isackson,
Corporate Financial Planning and Management Services Director. (All
Districts)
Presented
6. PUBLIC PETITIONS
7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT
OR FUTURE AGENDA
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October 8, 2019
A. Garret Beyrent – Commission awards
B. Robert Lamb – Disappointed with the golf cart restrictions in
Everglades City, Plantation Island and Chokoloskee – Commissioner
McDaniel will bring back as an agenda item - Consensus
8. BOARD OF ZONING APPEALS
9. ADVERTISED PUBLIC HEARINGS
A. Recommendation to approve by Ordinance the Vanderbilt Beach/Collier
Boulevard Commercial Subdistrict small-scale amendment to the Collier
County Growth Management Plan petition. [Adoption Hearing]
[PL20180003372] (This is a companion to Agenda Item #9B). (District 3)
Ordinance 2019-33 Adopted w/CCPC recommendations- 5/0
B. This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. Recommendation to
approve an Ordinance amending Ordinance No. 2005-19, as amended, the
Vanderbilt Commons Planned Unit Development; by removing the
requirement that residential dwelling units be located in mixed-use buildings
with commercial on the first floor and allowing stand-alone residential
buildings; by reducing the density to 53 dwelling units; by revising the
master plan; and providing an effective date. The subject property,
consisting of 14.49+/- acres, is located on the north side of Vanderbilt Beach
Road and approximately 1/4 mile east of Collier Boulevard in Section 34,
Township 48 South, Range 26 East, Collier County, Florida.
[PL20180003366] (This is a companion to Agenda Item #9A). (District 3)
Ordinance 2019-34 Adopted w/CCPC recommendations - 5/0
C. Recommendation to approve an Ordinance amending Ordinance Number
04-41, as amended, the Collier County Land Development Code, which
includes the comprehensive land regulations for the unincorporated area of
Collier County, Florida, to amend the Airport Zoning Maps for Naples
Municipal Airport, Marco Island Executive Airport, Everglades Airpark, and
Immokalee Airport; to add a review process for airspace obstructions; to add
airport land use restrictions; to allow additional pricing signage for facilities
with fuel pumps and to allow electronic fuel pricing signs; by providing for:
Section One, Recitals; Section Two, Findings of Fact; Section Three,
Adoption of Amendments to the Land Development Code, more specifically
amending the following: Chapter Two – Zoning Districts and Uses,
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October 8, 2019
including Section 2.03.07 Overlay Zoning Districts; Chapter Four – Site
Design and Development Standards, including Section 4.02.06 Standards for
Development in Airport Zones; Chapter Five – Supplemental Standards,
including Section 5.05.05 Facilities with Fuel Pumps, Section 5.06.00 Sign
Regulations and Standards by Land Use Classification, Section 5.06.06
Prohibited Signs; and Appendix D Airport Zoning; Section Four, Conflict
and Severability; Section Five, Inclusion in the Collier County Land
Development Code; and Section Six, Effective Date. (All Districts)
Motion to approve the first reading – Approved 5/0
10. BOARD OF COUNTY COMMISSIONERS
A. Recommendation to adopt a Resolution superseding and replacing
Resolution No. 92-329 in order to include vaping in the no-smoking policy
for all Collier County buildings. (All Districts)
Resolution 2019-194 Adopted – 5/0
Moved from Item #16H1 (Per Agenda Change Sheet)
B. Recommendation to direct the County Attorney to advertise and bring back
for future consideration an Ordinance establishing a ban against cast net
fishing at Ann Olesky Park on Lake Trafford. (District 5)
Approved - 5/0
11. COUNTY MANAGER'S REPORT
A. Recommendation to accept the staff analysis on the flow patterns and control
elevations in the Cope Lane area, which is within the Lely Area Stormwater
Improvement Project boundaries. (Amy Patterson, Impact Fees and Program
Management Division Director) (All Districts)
Motion to continue to the next BCC Meeting (October 22, 2019) –
Approved 5/0
B. Recommendation to approve the proposed Collier County State and Federal
Legislative and Administrative Priorities for 2020 and adopt the attached
resolution. (John Mullins, Government Affairs Manager) (All Districts)
Resolution 2019-195 Adopted - 4/1 (Commissioner Taylor opposed)
C. Recommendation to direct staff on changes, if any, regarding standards for
boarding of horses in the Estates Zoning District. (Jeremy Frantz, LDC
Manager, Zoning Division) (District 2, District 3, District 4, District 5)
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Motion to continue to a future Board Meeting and engage Community
Civic Associations – Approved 5/0
D. Recommendation to award Invitation To Bid No. 19-7615, Construction of
Big Corkscrew Island Regional Park – Phase I, to Astra Construction
Services, LLC, in the amount of $45,065,454 and authorize the Chairman to
sign the attached agreement. (Steve Carnell, Public Services Department
Head) (District 5)
Approved - 5/0
To be heard no sooner than 1:30 p.m. (Per Agenda Change Sheet)
E. Recommendation to approve the selection committee's ranking and authorize
staff to enter into contract negotiations with Davidson Engineering, Inc.,
related to Request for Professional Services No. 19-7650, “Golden Gate
Golf Course Redevelopment Planning and Engineering." (Geoff Willig,
County Manager's Office) (All Districts)
Motion to approve w/changes - Approved 5/0; Motion for staff to bring
back an RFP for the design qualifications and requisites - Approved
5/0; Motion to solicit an RFP for interim operations - Approved 5/0
F. Recommendation to award Invitation to Bid No. 19-7616 “Deep Injection
Well for Collier County Landfill to Youngquist Construction Inc., in the
amount of $6,788,782, and authorize the Chairman to execute the attached
construction services agreement. (Kari Hodgson, Solid Waste Division
Director) (District 5)
Approved - 5/0
G. Recommendation to provide direction to the County Manager regarding the
outstanding invoice in the amount of $326,178.24 for relocating the City of
Everglades’ utilities during the replacement of the Chokoloskee Bridge. (Jay
Ahmad, Transportation Engineering Director) (All Districts)
Motion to forgive the invoice amount (option B) – Approved 5/0
Moved from Item #16D4 (Per Agenda Change Sheet)
H. Recommendation to award an Agreement for Request for Proposal No. 19-
7537, “Affordable Housing Marketing Outreach Campaign,” to Quest
Corporation of America, Inc., and authorize the Chairman to sign the
attached agreement. (Fiscal Impact $80,000) (All Districts)
Motion to approve as recommended by staff – Approved 5/0
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October 8, 2019
Moved from Item #16F3 (Per Agenda Change Sheet)
I. Recommendation to approve the Fiscal Year 2019-20 Strategic Marketing
Plan for the Naples, Marco Island, Everglades Convention & Visitors
Bureau (CVB) and make a finding that this plan promotes tourism. (All
Districts)
Motion to approve the plan and bring back information for future
discussion – Approved 5/0
12. COUNTY ATTORNEY'S REPORT
A. This item to be heard no sooner than 9:30 a.m. Recommendation that the
Board consider two proposed ordinances, one which would ban the sale of
cats and dogs in pet shops, and the other which would regulate the sale of
dogs in pet shops. (All Districts)
Motion to uphold the ban of retail sales of dogs and cats – Failed 2/3
(Commissioner Fiala and Commissioner McDaniel and Commissioner
Solis opposed); Staff, retailers, and advisory boards to bring back a
resolution/ordinance with regulations on how to apply to these
businesses and how to enforce against (bad actors) them in regulating
retail sales and the treatment of animals – Approved 4/1 (Commissioner
Taylor opposed)
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. BCC Future Workshop Schedule (All Districts)
B. MS. Kinzel – Domestic Abuse Shelter
C. Commissioner Fiala – Domestic Abuse Shelter
D. Commissioner Fiala – Staff to bring back for discussion commercial
units on the lower level of storage units
E. Adjourned – Consensus
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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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Approved and/or Adopted w/changes – 5/0
A. GROWTH MANAGEMENT DEPARTMENT
1) Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of $25,000 which was posted as a
guaranty for Excavation Permit Number 60.154, PL20170000928 for
work associated with Vi at Bentley Village Multi-Family Building.
(District 2)
Work associated with this security has been inspected, and the
developer has fulfilled his commitments
2) Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of $197,184 which was posted as a
guaranty for Excavation Permit Number PL20180001558 for work
associated with Isles of Collier Preserve Phase 10, Lakes 6D, 6E, and
6F. (District 4)
Work associated with this security has been inspected, and the
developer has fulfilled his commitments
3) Recommendation to approve final acceptance of the potable water and
sewer facilities, and accept the conveyance of the potable water and
sewer facilities for Isles of Collier Preserve Phase 13,
PL20190001298. (District 4)
A final inspection was conducted on August 1, 2019 and found the
facilities to be satisfactory
4) Recommendation to approve final acceptance of the potable water and
sewer facilities for Joint Replacement Institute, PL20180002249,
accept the conveyance of a portion of the potable water facilities, and
to authorize the County Manager, or his designee, to release the
Utilities Performance Security (UPS) and Final Obligation Bond in
the total amount of $6,130 to the Project Engineer or the Developer’s
designated agent. (District 4)
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Located off of Pine Ridge Road, just west of I-75 at Exit 107
5) 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 Pelican Marsh Unit Nineteen,
Application Number 97-103, and authorize the release of the
maintenance security. (District 2)
Resolution 2019-184
6) Recommendation to review and approve the Fiscal Year 2019/2020
Capital Improvement Plan of the Big Cypress Basin, a part of the
South Florida Water Management District (SFWMD). (All Districts)
Addressing cooperative and shared system responsibilities
including planning, operation, maintenance, and capital
improvements
7) Recommendation to approve the release of a code enforcement lien
with a value of $125,500 for payment of $550 in the code
enforcement actions entitled Board of County Commissioners v.
Manuel Lopez Parchment, relating to property located at 2069 41st
Ter. SW, Collier County, Florida. (District 3)
Violations for a storage and shed structure erected without the
proper permits and brought into compliance on March 6, 2019
8) Recommendation to terminate for convenience an agreement awarded
to Assurance Title Agency, LLC under RFP #17-7200, and to award a
supplemental contract to eTitle Agency, Inc., under RFP #17-7200S,
“Real Estate Title & Closing Services.” (All Districts)
Due to the vendor’s unacceptable work product and performance
9) Recommendation to recognize FY 2019/20 Transportation
Disadvantaged Planning Grant funding in the amount of $27,016 to
the Collier Metropolitan Planning Organization from the Commission
for the Transportation Disadvantaged and to authorize the necessary
budget amendment. (All Districts)
A budget amendment is required to recognize the anticipated
grant revenue and establish the appropriate expense
appropriation
10) Recommendation to award five (5) Agreements for Invitation to Bid
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October 8, 2019
No. 19-7586, “Supply & Delivery Fungicides, Herbicides, &
Pesticides,” to: Diamond R. Fertilizer Company, Inc., Florida
Irrigation Supply, Inc., Green Effex, LLC, Mar Green Resources
LLC, and Univar Solutions USA, Inc. (All Districts)
For maintenance functions within the Road Maintenance
Division, Aquatic Plant Control Section and Landscape
Operations
11) Recommendation to approve the proposed annual holiday event
known as Christmas Around The World Parade hosted by the
Immokalee Chamber of Commerce. This recommendation is to fulfill
a requirement of the FDOT (Florida Department of Transportation)
temporary road closure permit application. This event has been hosted
by the Immokalee Chamber of Commerce for over twenty-five (25)
years. This year the event will take place on Saturday, December 14,
2019 from 4:30pm - 7:30pm. (District 5)
12) Recommendation to provide after-the-fact approval for the submittal
of a Community Development Block Grant Disaster (CDBG-DR)
grant application to the Florida Department of Economic Opportunity
for Immokalee Stormwater Improvements totaling $1,165,456.16.
(District 5)
The grant application was due and submitted for the August 30,
2019 deadline
B. COMMUNITY REDEVELOPMENT AGENCY
C. PUBLIC UTILITIES DEPARTMENT
1) Recommendation to approve a $292,908 work order under Agreement
No. 14-6213 to Haskins, Inc., to install a new potable water main to
serve the Resource Recovery Business Park (“RRBP”) and a
temporary raw water main to support construction of the leachate deep
injection well for the County landfill. (District 5)
2) Recommendation to approve the selection committee’s ranking for
Request for Professional Services (“RPS”) No. 19-7523,
“Development of Energy Master Plan for Collier County Facilities,”
and authorize staff to begin contract negotiations with the top-ranked
firm, Heapy Engineering, Inc., so that a contract can be brought to the
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October 8, 2019
Board at a future meeting. (District 1)
Improving the efficiency and functionality of our facilities and
provide a multi-year, detailed roadmap to align economic
development, environmental sustainability, and energy
conservation throughout our Collier County buildings
3) Recommendation to approve the selection committee’s ranking for
Request for Professional Services (“RPS”) No. 18-7417, “Design-
Build of Orangetree Wastewater Treatment Plant Capacity Expansion
Project," and authorize staff to begin contract negotiations with the
top-ranked firm of Wharton-Smith Inc., so that a proposed agreement
may be brought back to the Board at a subsequent meeting. (District
5)
D. PUBLIC SERVICES DEPARTMENT
1) Recommendation to approve the FY19-20 contract with the State of
Florida Department of Health for the operation of the Collier County
Health Department in the amount of $1,491,500. (All Districts)
2) Recommendation to approve and authorize the Chairman to sign a
State Housing Initiatives Partnership (SHIP) Sponsor Agreement with
the Housing Development Corporation of SW Florida, d/b/a HELP in
the amount of $200,000 to implement the SHIP Purchase Assistance
strategy. (All Districts)
County staff will have final approval/denial of all SHIP
applications and initiate the funding process
3) Recommendation to approve two (2) Satisfactions of Mortgage in the
combined amount of $40,000 of owner-occupied dwelling units that
have satisfied the terms of their affordability period. (All Districts)
Located at 1220 Wildwood Lakes Blvd. and 4641 17th Ave SW
Moved to Item #11H (Per Agenda Change Sheet)
4) Recommendation to award an Agreement for Request for Proposal
No. 19-7537, “Affordable Housing Marketing Outreach Campaign,”
to Quest Corporation of America, Inc., and authorize the Chairman to
sign the attached agreement. (Fiscal Impact $80,000) (All Districts)
5) Recommendation to approve “after-the-fact” amendments and
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October 8, 2019
attestation statements with the Area Agency on Aging for Southwest
Florida, Inc., for the Community Care for the Elderly, Alzheimer’s
Disease Initiative, and Home Care for the Elderly grant programs for
Services for Seniors and authorize Budget Amendments to reflect the
final FY 18/19 grant funding amount. (Net Fiscal Impact $13,603.49)
(All Districts)
Recognizing an overall increase in funding for each grant
program
6) Recommendation to authorize a budget amendment in the amount of
$200,000 recognizing and appropriating Golden Gate Community
Center Fund (130) carry forward in order to complete parking lot
resurfacing. (District 3)
E. ADMINISTRATIVE SERVICES DEPARTMENT
Title Correction (Per Agenda Change Sheet)
1) Recommendation to amend Agreement #16-1613 #16-6613, Property
and Casualty Brokerage Services, with Assured Partners of Florida,
LLC to allow for two 1-year renewal extensions of the current
agreement effective January 1, 2020. (All Districts)
2) Recommendation to ratify Property, Casualty, Workers’
Compensation and Subrogation claim files settled and/or closed by the
Risk Management Division Director pursuant to Resolution #2004-15
for the third quarter of FY 19. (All Districts)
3) Recommendation to approve the Second Amendment to Agreement
#14-6293 “Collier County Onsite Medical Clinic” with Millennium
Physician Group, LLC at an estimated first year expenditure of
$693,367. (All Districts)
Renewal for one additional five-year period, removing expanded
language for clinic options and pricing for the next five years
4) Recommendation to restate and amend the agreement term for
Agreement #16-6646, “Onsite Health Advocacy Coaching Services,”
to Naples Physician Hospital Organization, Inc., d/b/a Community
Health Partners (All Districts)
The Agreement was inadvertently not renewed by the parties at
the end of the initial two-year period on December 31, 2018,
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October 8, 2019
although both parties continued operating under the same terms
and conditions
5) Recommendation to adopt a resolution authorizing removal of
additional ambulance service accounts from FY 2015 and their
respective uncollectible accounts receivable balances which total
$41,381, from the accounts receivable of Collier County Fund 490
(Emergency Medical Services) finding diligent efforts to collect have
been exhausted and proved unsuccessful. (All Districts)
Resolution 2019-185
6) Recommendation to approve the selection committee’s ranking of
Request for Professional Services (“RPS”) No. 18-7432-AH,
“Professional Services Library - Architectural Historic Preservation,
Study, Planning and Design Category,” and authorize staff to begin
contract negotiations with the top four ranked firms, so that proposed
agreements may be brought back for the Board’s consideration at a
subsequent meeting. (All Districts)
Top four ranked firms: Parker Mudget Smith Architects, Inc.,
Bender & Associates Architects, P.A., MLD Architects, LLC and
Renker Eich Parks Architects, Inc.
7) Recommendation to approve Agreement #19-072-NS to Hyland
Software, Inc., as a single source provider for Enterprise Content
Management System replacement for an initial estimated cost of
$245,000, designate Hyland Software as the Enterprise Content
Management standard for a period of 10 years, and authorize
additional software, licenses and services purchases during this
period. (All Districts)
Replacing the existing SIRE System
8) Recommendation to approve the administrative report prepared by the
Procurement Services Division for disposal of property and
notification of revenue disbursement. (All Districts)
No online sales or trade-ins this period and net book value of
disposed items was $9,444.66
9) Recommendation to approve the Administrative Reports prepared by
the Procurement Services Division for change orders and other
contractual modifications requiring Board approval. (All Districts)
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October 8, 2019
One (1) change order modifying a contract, no amendments and
two (2) after-the-fact memos with a fiscal impact of $11,819.54
10) Recommendation to authorize routine and customary budget
amendments appropriating carry forward budget in the amount of
$4,405,744.16 for approved open purchase orders into Fiscal Year
2020. (All Districts)
11) Recommendation to award ITB #19-7636 to Collier Tire & Auto
Repair (All Districts)
Maintaining over 2,100 county vehicles and motorized equipment
items within the Fleet Management Division
F. COUNTY MANAGER OPERATIONS
1) Recommendation to use Tourist Development Tax Promotion Funds
to support the upcoming November 2019 Sports Tourism Events:
Alligator Alley Baseball Tournament November 1-3, 2019 up to
$6,000, the Lee County Senior Winter Nationals Softball Tournament
November 6-11, 2019 up to $5,250, and the Paradise Coast Softball
Invitational November 15-17, 2019 up to $7,750, for a total up to
$19,000 for three events and make a finding that these expenditures
promote tourism. (All Districts)
2) Recommendation to use Tourist Development Tax Promotion Funds
to support the upcoming November 2019 Sports Tourism Event: The
Women’s Teams Intersectional Tournament, November 11-17, 2019,
up to $5,040 and make a finding that this expenditures promote
tourism. (All Districts)
Moved to Item #11I (Per Agenda Change Sheet)
3) Recommendation to approve the Fiscal Year 2019-20 Strategic
Marketing Plan for the Naples, Marco Island, Everglades Convention
& Visitors Bureau (CVB) and make a finding that this plan promotes
tourism. (All Districts)
4) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2019-20 Adopted Budget. (All Districts)
Resolution 2019-186
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October 8, 2019
G. AIRPORT AUTHORITY
1) Recommendation to approve and authorize the Chairman to execute
the attached Resolution authorizing execution of Amendment No. 1 to
the Public Transportation Grant Agreement (PTGA) G0Z16 with the
Florida Department of Transportation for additional funding for
Security Enhancements at the Immokalee Regional Airport. (District
5)
Resolution 2019-187
2) Recommendation to approve and authorize the Chairman to execute
the attached Resolution authorizing execution of Amendment No. 1 to
the Public Transportation Grant Agreement (PTGA) G0Z12 with the
Florida Department of Transportation for additional funding for the
Rehabilitation of Runway 18/36 at the Immokalee Regional Airport.
(District 5)
Resolution 2019-188
3) Recommendation to approve and authorize the Chairman to execute
the attached Resolution authorizing execution of Joint Participation
Agreement Contract No. G0E50 Supplement Two with the Florida
Department of Transportation in the amount of $3,599,620 for
supplemental State grant funding to be applied to the previously
Board approved construction contract for the new terminal facility
with associated landside improvements at the Marco Island Executive
Airport. (District 1)
Resolution 2019-189
H. BOARD OF COUNTY COMMISSIONERS
Moved to Item #10B (Per Agenda Change Sheet)
1) Recommendation to direct the County Attorney to advertise and bring
back for future consideration an Ordinance establishing a ban against
cast net fishing at Ann Olesky Park on Lake Trafford. (District 5)
2) Recommendation to officially name the special needs sailing area
associated with Sugden Park the Murdo Smith Adaptive Sailing
Center. (District 3)
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October 8, 2019
I. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous Correspondence (All Districts)
J. OTHER CONSTITUTIONAL OFFICERS
1) Recommendation to provide approval to designate the Sheriff as the
official applicant and point of contact for the U.S. Department of
Justice, Office of Justice Programs, Bureau of Justice Assistance
Edward Byrne Memorial Justice Assistance Grant (JAG) FY19 Local
Standard grant. Authorize the acceptance of the grant when awarded,
approve associated budget amendments and approve the Collier
County Sheriff’s Office to receive and expend 2019 JAG Standard
grant funds. (All Districts)
2) To record in the minutes of the Board of County Commissioners, the
check number (or other payment method), amount, payee, and
purpose for which the referenced disbursements were drawn for the
periods between September 12, 2019 and September 25, 2019
pursuant to Florida Statute 136.06. (All Districts)
3) Request that the Board approve and determine valid public purpose
for invoices payable and purchasing card transactions as of October 2,
2019. (All Districts)
K. COUNTY ATTORNEY
1) Recommendation to approve an Amendment to Agreement for Legal
Services for the Retention Agreement with McLaughlin & Stern, LLP.
(All Districts)
Extending the term to provide professional services under Article
3 of the Agreement for an additional two (2) year term, with three
(3) additional one year renewal terms
2) Recommendation to appoint a member to the Industrial Development
Authority. (All Districts)
Resolution 2019-190: Appointing Barbara M. Rosenberg
3) Recommendation to appoint a member to the Golden Gate Estates
Land Trust Committee. (District 5)
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October 8, 2019
Resolution 2019-191: Appointing Jessica Harrelson to a four year
term expiring October 13, 2023
4) Recommendation to appoint a member to the Golden Gate
Beautification Advisory Committee. (District 3)
Resolution 2019-192: Re-appointing Paula Rogan to a four year
term expiring October 6, 2023
5) Recommendation to re-appoint two members to the Affordable
Housing Advisory Committee. (All Districts)
Resolution 2019-193: Re-appointing Stephen J. Hruby and Litha
Berger, each to new three-year terms
------------------------------------------------------------------------------------------------------------
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.
------------------------------------------------------------------------------------------------------------
Adopted – 5/0
A. Recommendation to approve an Ordinance amending Ordinance Number
2019-15, the Fiddler’s Creek Community Development District, to correct a
scrivener’s error related to Exhibits A and B. (District 1)
Ordinance 2019-32
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD’S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER’S OFFICE AT 252-8383.
October 8, 2019
Page 2
MR. OCHS: Ladies and gentlemen, if you'd please come to
order.
Mr. Chairman, you have a live mic.
CHAIRMAN McDANIEL: Good morning, everybody.
MR. OCHS: Good morning, good morning.
CHAIRMAN McDANIEL: We're going to start off this
morning with prayer and the pledge. And our prayer's going to be
offered by Reverend Beverly Duncan. She's a member of the Naples
United Church of Christ.
Good morning.
Item #1A
INVOCATION BY REVEREND BEVERLY DUNCAN FROM
THE NAPLES UNITED CHURCH OF CHRIST – INVOCATION
GIVEN
REVEREND DUNCAN: Good morning. Thank you.
Let us pray.
Spirit of life and love, to you we lift the deliberations of this day
as matters of governance and stewardship come before this body.
Surround all of us as we together move through this democratic
process. Urge both commissioners and participants to listen, to learn,
and to be bearers of the good even when we'd rather not.
And, peaceful spirit, be present among these women and men
who are the leaders and caretakers of Collier County. It is an
awesome calling and responsibility for which we are grateful.
Guide all that they and we together say and do. Shape our
words and values today and always. Keep us all strong and wise in
unsettled times, and inspire us to take our parts, that none may be
overburdened.
October 8, 2019
Page 3
And when the meeting is ended, carry each commissioner to his
or her destination safely as they rest toward service on yet another
day. Fill them with strength and hope and vision.
And bless us all that we might lean on you, godly spirit, and on
one another toward things that heal broken places and bend toward
justice.
Amen, Shalom, Salaam.
CHAIRMAN McDANIEL: Commissioner Saunders, will you
lead us this morning.
(The Pledge of Allegiance was recited in unison.)
COMMISSIONER TAYLOR: And, Reverend Duncan, thank
you. Those are beautiful words.
Item #2A
APPROVAL OF TODAY’S REGULAR, CONSENT AND
SUMMARY AGENDA AS AMENDED (EX PARTE
DISCLOSURE PROVIDED BY COMMISSION MEMBERS FOR
CONSENT AGENDA.) – APPROVED AND/OR ADOPTED
W/CHANGES
CHAIRMAN McDANIEL: Okay. Okay. We want to go
through the approval of the agenda, consent, and our ex parte, I
believe.
MR. OCHS: Yes, sir. Thank you, Mr. Chairman. Good
morning, Commissioners.
These are the proposed agenda changes for the Board of County
Commissioners' meeting of October 8th, 2019.
The first proposed change it is to move Item 16D4 from your
consent agenda to become Item 11H on your regular agenda. This is
the recommended award of an agreement for affordable housing,
October 8, 2019
Page 4
marketing, and outreach, and that was moved at Commissioner
McDaniel's question.
The next proposed change is to move Item 16F3 from the
consent agenda to become Item 11I. This is a recommendation to
approve the Fiscal Year 2020 Strategic Marketing Plan for your
tourism division, and that's moved at Commissioner Taylor's request.
The next proposed change is to move Item 16H1 from the
consent agenda to become Item 10B under Board of County
Commissioners. This is a recommendation to direct the County
Attorney to advertise and bring back an ordinance establishing a ban
against cast-net fishing at the Ann Olesky Park on Lake Trafford.
That's moved at Commissioner Taylor's request.
I have one agenda note, Commissioners. Item 16E1, the
reference in the executive summary title was to Agreement
No. 16-1613. That's been corrected to reflect 16-6613.
And then we have two time-certain requests this morning,
Commissioners. The first has to do with Item 12A. This is
concerning the potential ban on the sale of cats and dogs in pet shops
in Collier County. That item is to be heard no sooner than 9:30 a.m.
but as close to 9:30 as we can.
And the second is Item 11E. This is a recommendation to enter
into an agreement with a consultant for some master planning and
outreach related to the Golden Gate Golf Course. Commissioner
Fiala has requested that item be heard no sooner than 1:30 p.m.
Those are all the changes that I have.
CHAIRMAN McDANIEL: You're ensuring that we're here
through lunch.
COMMISSIONER FIALA: I'm making sure of it.
CHAIRMAN McDANIEL: Okay. Very good.
COMMISSIONER FIALA: Could I just say one fast thing?
Mike, would you bring in my glasses? Thank you.
October 8, 2019
Page 5
CHAIRMAN McDANIEL: You're assuming Michael's
listening.
COMMISSIONER FIALA: Yeah.
CHAIRMAN McDANIEL: All right. Commissioner Solis, do
you have any additions or changes or ex parte?
COMMISSIONER SOLIS: Mr. Chairman, no changes, no
additions, and no disclosures on the consent agenda.
CHAIRMAN McDANIEL: On the consent agenda. Very good.
How about Commissioner Fiala?
COMMISSIONER FIALA: No changes, no corrections, no
disclosures. I did want to ask a couple questions, though. They're
simple questions. They're not any big deal. Oh, I hope I have my
thing -- I left it right on the couch.
CHAIRMAN McDANIEL: I forgot it. It was sitting on my
table.
COMMISSIONER FIALA: We're all going to wear --
CHAIRMAN McDANIEL: She's got purple on, though.
COMMISSIONER FIALA: Yes, I do, and I -- thank you, Mike.
See, I told you he'd hear.
Anyway, I wanted to note item -- these are simple things. 16K2
they're talking about the Industrial Development Authority for a
four-year term. Barbara Rosenberg, they've put her in District 1, but
actually she is in a completely different district at the other end of
town. I just didn't know if you wanted to correct that or not, and I
didn't have a chance to ask you yesterday.
And also -- no, I'm not going to talk to you about that right now.
Thank you. I just have one more. Okay. We'll leave it at that
for now. Thank you.
CHAIRMAN McDANIEL: You all set?
COMMISSIONER FIALA: Uh-huh.
CHAIRMAN McDANIEL: Commissioner Saunders?
October 8, 2019
Page 6
COMMISSIONER SAUNDERS: I have no ex parte and no
changes. I do have one comment in reference to Item 16H2, which is
the renaming of the sailing arena at Sugden Park to the Murdo Smith
Adaptive Sailing Center. And my understanding is we have to get a
concurrence of the County Commission to waive the 1,000-signature
requirement as part of that agenda item. I see the County Attorney's
indicating that that's not the case.
MR. KLATZKOW: No. We have two customary ways to name
something. One is from the public. And if the public wants to come
forward, we require the thousand signatures. If the Board of County
Commissioners on their own wishes to name something --
COMMISSIONER SAUNDERS: So we don't need to do
anything?
MR. KLATZKOW: No, you're fine.
COMMISSIONER SAUNDERS: And I would like to say that
Debra Frankel is here, executive director of Freedom Waters
Foundation, just to show her support for this naming. So I have no
other comments, Mr. Chairman.
CHAIRMAN McDANIEL: It's on the consent agenda, and I
have two votes so far, and I'm thinking if you're No. 3, we'll be good.
COMMISSIONER SAUNDERS: Yeah.
CHAIRMAN McDANIEL: Okay. Commissioner Taylor?
COMMISSIONER TAYLOR: I'd like to -- there's absolutely
nothing -- ex parte on the consent agenda, and I have no changes to
the agenda as read.
CHAIRMAN McDANIEL: Outstanding. So that's four for the
renaming. You never know how these renaming things go,
remember?
COMMISSIONER SAUNDERS: Yeah. Some of them have
been controversial.
CHAIRMAN McDANIEL: And having said that, I have no ex
October 8, 2019
Page 7
parte on the consent nor any other additional changes. With that our
agenda is set.
County Manager?
Item #2B and #2C
BCC MEETING MINUTES FROM SEPTEMBER 10, 2019 AND
BCC BUDGET MEETING MINUTES FROM SEPTEMBER 19,
2019 – APPROVED AS PRESENTED
MR. OCHS: I'd like to take a motion and second to approve the
agenda as amended along with the BCC meeting minutes of
September 10th and the BCC budget hearing meeting minutes of
September 19.
COMMISSIONER SAUNDERS: Mr. Chairman, I'll move for
approval.
COMMISSIONER TAYLOR: Second.
CHAIRMAN McDANIEL: On all those. We're going to vote
on those in aggregate. Any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposed same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
Proposed Agenda Changes
Board of County Commissioners Meeting
October 8, 2019
Move Item 16D4 to Item 11H: Recommendation to award an Agreement for Request for Proposal
No. 19-7537, “Affordable Housing Marketing Outreach Campaign,” to Quest Corporation of
America, Inc., and authorize the Chairman to sign the attached agreement. (Commissioner
McDaniel’s request)
Move Item 16F3 to Item 11I: Recommendation to approve the Fiscal Year 2019-20 Strategic
Marketing Plan for the Naples, Marco Island, Everglades Convention & Visitors Bureau (CVB)
and make a finding that this plan promotes tourism. (Commissioner Taylor’s request)
Move Item 16H1 to Item 10B: Recommendation to direct the County Attorney to advertise and
bring back for future consideration an Ordinance establishing a ban against cast net fishing at Ann
Olesky Park on Lake Trafford. (Commissioner Taylor’s request)
Note:
Item 16E1 title should read: Recommendation to amend Agreement #16-1613 #16-6613, Property
and Casualty Brokerage Services, with Assured Partners of Florida, LLC to allow for two 1-year
renewal extensions of the current agreement effective January 1, 2020.
Time Certain Items:
Item 12A to be heard no sooner than 9:30 a.m.
Item 11E to be heard no sooner than 1:30 p.m.
10/24/2019 11:58 AM
October 8, 2019
Page 8
Item #4A
PROCLAMATION DESIGNATING OCTOBER 2019 AS
DOMESTIC VIOLENCE AWARENESS MONTH IN COLLIER
COUNTY. ACCEPTED BY LINDA OBERHAUS, CHIEF
EXECUTIVE OFFICER, SHELTER FOR ABUSED WOMEN &
CHILDREN AND COLLIER COUNTY SHERIFF KEVIN
RAMBOSK – ADOPTED
MR. OCHS: Commissioners, that takes us to today's
proclamation. It's Item 4A. It's a proclamation designating
October 2019 as Domestic Violence Awareness Month in Collier
County. To be accepted by Linda Oberhaus, chief executive officer
for the Shelter for Abused Women and Children, and Collier County
Sheriff, Kevin Rambosk. Please step forward.
(Applause.)
COMMISSIONER FIALA: I get to see you all the time
anymore.
CHAIRMAN McDANIEL: Are you going to speak a moment?
MR. OCHS: Yes.
MS. OBERHAUS: Okay. Good morning, Commissioners.
I just want to thank you so much for honoring Domestic
Violence Awareness Month again this year in 2019. It's a big year
for the shelter as we expand our services in Immokalee.
Just a little bit about domestic violence and how it impacts our
community. Last year alone there were over 1,600 calls to 911 as a
result of domestic violence, and so you can imagine that about half of
all victims never call police. So the fact that we had over 1,600 calls
to 911 really, you know, speaks to the volume and the magnitude of
the issue.
And then if you think about the number of children living in
October 8, 2019
Page 9
those 1,600 homes and the impact that it has on them when they're
trying to go to school and they're trying to learn, it can be very
difficult for them as well.
The shelter not only provides protection for victims of both
domestic violence and human trafficking, but we provide prevention
programs in the schools as well. So the elementary, the middle, the
high schools, and we also have a course that we're offerin g at FGCU
just to raise awareness about this issue.
Domestic violence nationally is affecting about one in three
women and one in five teens in our country.
So I just want to thank, again, the Commission for their support
on this issue, also our law enforcement partners, the Collier County
Sheriff's Office and Sheriff Rambosk who serves on our board of
directors as well as the Naples Police Department, and the Marco
Island Police Department.
(Applause.)
CHAIRMAN McDANIEL: Ms. Linda, don't go away. Don't go
away.
COMMISSIONER FIALA: Just a second, Linda. Last week's
People Magazine of all things had a huge article on Tyler Perry and
the awful domestic violence he went through. And how he lived
through it, I'll never know. And if anybody wants to read a very,
very moving story, stand in the store and read it. You don't have to
buy the magazine, but it's a moving story.
MS. OBERHAUS: Thank you. Thank you. And we've met
some very enlightening -- you know, enlightened young men and
men at the university level who just as a result of their awareness
have understood they've come from a background where there's
domestic violence and that -- and that they can make that change and
break that generational cycle of abuse.
COMMISSIONER FIALA: And he's now a billionaire.
October 8, 2019
Page 10
MS. OBERHAUS: Yeah, yeah. Thank you for that.
CHAIRMAN McDANIEL: Thank you, Ms. Linda.
ARTIST OF THE MONTH – D. MARIAH PRICE
CHAIRMAN McDANIEL: Before we go on to presentations, I
was remiss this morning -- before we go on, County Manager, I want
to introduce the featured Artist of the Month. It's Collier County
resident NiMara Price. NiMara? I'm butchering that. Forgive me.
As a permanent resident of Naples since 2011, Ms. Price has had
her work included in displays on -- at multiple art centers, the Cacao
Gallery at the Coconut Point in Estero, and the Centers of Art at
Bonita Springs. She also had a month-long one-person exhibit at the
Norris Center of Naples. Ms. Price won two awards: The Von
Liebig Center, one of technical achievement, and one for the best
show in 2017.
Ms. Price obtains her inspiration from still-life compositions and
a natural light illuminating settings. She has recently moved into a
more contemporary form of abstract art allowing her to be
spontaneous and free-flowing.
Ms. Price received education at the Art Institute of Chicago, the
Vitruvian School of -- you need to help me with this maybe. No, I'm
joking.
COMMISSIONER TAYLOR: Palette.
CHAIRMAN McDANIEL: Palette and Chisel Academy of Art
in Chicago.
And her art is displayed in the back of our room. I know a lot of
you are here for particular items, but when you have a moment,
please enjoy that display that is across the back of our room.
(Applause.)
CHAIRMAN McDANIEL: Did you want to speak on anything
October 8, 2019
Page 11
else?
COMMISSIONER FIALA: No, I was -- we, on our consent
agenda, have a beautiful story about Murdo Smith, whom we named
the Sugden Park sailing center after, and I thought it would be nice to
hear it, but I'm probably just -- anyway, it's a very nice story.
CHAIRMAN McDANIEL: Maybe we can address that actual
agenda item. I recall reading it but, I can't remember, County
Manager, which of those agenda items it was. But we could identify
that and allow folks to reach out and read that story.
MR. OCHS: That item is Item 16H2 on today's agenda.
CHAIRMAN McDANIEL: Oh, that's correct. 16H2.
COMMISSIONER FIALA: You're good, Leo.
CHAIRMAN McDANIEL: Now we'll go.
MR. OCHS: Thank you. May I have a motion to approve
today's proclamation?
COMMISSIONER FIALA: Motion to approve.
COMMISSIONER TAYLOR: So move.
COMMISSIONER SOLIS: Second.
CHAIRMAN McDANIEL: It's been moved and seconded that
we accept today's -- or approve today's proclamation. Any other
discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposed same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
October 8, 2019
Page 12
MR. OCHS: Thank you, Commissioners.
Item #5A
PRESENTATION OF THE COLLIER COUNTY BUSINESS OF
THE MONTH FOR OCTOBER 2019 TO JP BRETT & SONS AIR
CONDITIONING. ACCEPTED BY DAN BRETT, KRYSTAL
CASEY AND CASEY MERRIAM. ALSO ATTENDING IS
BETHANY SAWYER REPRESENTING THE GREATER NAPLES
CHAMBER OF COMMERCE – PRESENTED
MR. OCHS: Item 5A is a presentation of the Collier County
Business of the Month for October 2019 to JP Brett & Sons Air
Conditioning. To be accepted by Dan Brett, Krystal Casey, and
Casey Merriam. Also attending is Bethany Sawyer representing the
Greater Naples Chamber of Commerce.
(Applause.)
CHAIRMAN McDANIEL: Remember who's in the middle.
Outstanding. Thank you.
MS. CASEY: Good morning, County Commissioners. On
behalf of the family of Brett Air Conditioning, we'd like to thank you
for this honor and this recognition as well as --
CHAIRMAN McDANIEL: One second, please. Somebody ask
that fellow over there to keep it down.
THE COURT REPORTER: Could you state your name, please.
MS. CASEY: I'm Krystal Casey.
We would just like to say thank you for this honor and this
recognition to the County Commissioners and the Naples Chamber of
Commerce. Thank you.
(Applause.)
COMMISSIONER TAYLOR: Ms. Casey, you didn't answer a
October 8, 2019
Page 13
very important question.
MS. CASEY: Yes, ma'am.
CHAIRMAN McDANIEL: How many years?
MS. CASEY: We started in '72, so over 45 years.
CHAIRMAN McDANIEL: She wasn't on the microphone, but
this company started in 1972, so...
(Applause.)
CHAIRMAN McDANIEL: Thank you all. Thank you all very
much, and on that note we have a very full house this morning, and
it's going to be imperative -- because we have other business that
needs to transpire -- that we be respectful of those who are here and
what they are, in fact, saying on the agenda item that we're working
on, so -- I don't know where my security is at right now, but I want to
get them around so we can manage things a little bit better.
COMMISSIONER FIALA: They're trying to get people in the
front door.
CHAIRMAN McDANIEL: That could be. Okay. So that end,
let's roll.
Item #5B
PRESENTATION OF THE DISTINGUISHED BUDGET
PRESENTATION AWARD FOR FISCAL YEAR 2019 FROM THE
GOVERNMENT FINANCE OFFICERS ASSOCIATION (GFOA)
PRESENTED TO THE OFFICE OF MANAGEMENT AND
BUDGET. ACCEPTED BY MARK ISACKSON, CORPORATE
FINANCIAL PLANNING AND MANAGEMENT SERVICES
DIRECTOR – PRESENTED
MR. OCHS: 5B is a presentation of the distinguished Budget
Presentation Award for Fiscal Year 2019 from the Government
October 8, 2019
Page 14
Finance Officers Association presented to the Office of Management
and Budget. To be accepted this morning by Mark Isackson,
Corporate Financial Planning and Management Services Director,
and the budget staff.
(Applause.)
MR. CASALANGUIDA: Smile.
MR. OCHS: He is smiling.
MR. ISACKSON: Good, thank you.
(Applause.)
COMMISSIONER FIALA: That's a nice plaque, too.
CHAIRMAN McDANIEL: Yes. Yes, it is.
MR. ISACKSON: Couple words if I can, Commissioners.
CHAIRMAN McDANIEL: Please. I'd love to hear from you.
MR. ISACKSON: Commissioners, you know, we get this
award every year, and it seems like it comes and goes, but it wouldn't
be without the leadership and support of this board in regards to our
budget philosophy and our financial operations. That's critical to
how we progress with our budget and finance.
And I'd also be remiss if I didn't recognize all the fine financial
professionals in our operation, including those in my office that grind
every day on the numbers. And that lays a framework for the
financial decisions that are made in this organization every day.
So thanks again. Appreciate it.
(Applause.)
Item #7
PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE
CURRENT OR FUTURE AGENDA
MR. OCHS: Move to Item 7 this morning, public comments on
October 8, 2019
Page 15
general topics not on the current or future agenda.
MR. MILLER: Mr. Chairman, I have two registered speakers
for this item. Your first speaker is Garrett Beyrent, and he will be
followed by Robert Lamb.
CHAIRMAN McDANIEL: Each of those speakers has how
long?
MR. MILLER: Three minutes, sir. I know Mr. Beyrent was
here. Wait.
COMMISSIONER SOLIS: Here he is.
CHAIRMAN McDANIEL: Here he comes.
MR. MILLER: Here he comes.
CHAIRMAN McDANIEL: And the second speaker is?
MR. MILLER: Robert Lamb.
CHAIRMAN McDANIEL: Okay.
MR. MILLER: Mr. Lamb, if you're here, can you please come
up to the other podium. They're both here, sir. Mr. Beyrent?
MR. BEYRENT: Good morning. As scheduled, I have
awarded all of the commissioners their trophies over the past t wo
years for jobs that they're going to do for the benefit of the
community, and the last guy to get his award is the guy in the middle
right there who's known me half a century, and --
CHAIRMAN McDANIEL: Forever.
MR. BEYRENT: -- basically this is a -- I always bring a Panera
bag because I'm a Panera guy from New Jersey. Boy, I don't know.
Anyhow, long and short, is he has his trophy downstairs. Mary
has it, because you're not allowed to bring objects into this room that
could be used for detrimental purposes.
However, I forgot something, which is the instructions for his
award. And your award is -- you have to review these two videos.
They're videos done by -- the star is Leonardo DiCaprio, nice Italy
guy from -- not from Sicily but, however, he's a good guy.
October 8, 2019
Page 16
CHAIRMAN McDANIEL: Does anybody have a DVR that I
can borrow?
MR. BEYRENT: The lady next to you. She's going to be
reviewing her Mickey Mouse video. Remember that one? Okay.
Because you'll learn from there more than anything, really.
Video is very important. And this is the Aviator, because what you're
going to be doing is you're going to bring in those 747s that are all
retired out of Atlanta, bring them to the Immokalee airport, take all
the seats out of them, and load them up with stuff to take all over the
world to the benefit of the world.
CHAIRMAN McDANIEL: Outstanding.
MR. BEYRENT: I'm talking about the agricultural and the
cuisine benefits that you're going to derive for the general population
by making the Immokalee airport what it is, a regional airport. So
that's your job, so...
And these are really good, because I was in the military for a
time, which is -- that's another story; however, because after you
read -- after you watch this -- this is a video of the guy -- use -- the
Hughes guy. A long story short, he made populations fly around the
world in airplanes, which is your job.
And now -- and this one here is the instructions, another video,
Leonardo DiCaprio. So just in case you don't how to fly a 747 --
actually, I've flown -- every plane I've ever flown I did it illegally, but
it was okay because the government said I could.
So, anyhow, that's your job. Everybody else has got their job,
all the other commissioners. And as of two years ago I had a meeting
at -- with Nick Casalanguida -- 4 o'clock today, October the 8th, two
years ago, I had a meeting with him to discuss where we were going
to build a sports complex. We were going to build it next to the
Golden Gate High School, or we were going to build it where we
built it, and it's where he wanted it to be built, which is a great place.
October 8, 2019
Page 17
And I wish you all the best of luck.
Thank you very much.
COMMISSIONER SAUNDERS: It was actually where we
wanted to build it.
MR. CASALANGUIDA: Yeah, I was just going to say that.
MR. BEYRENT: Oh, you had a say in this. I didn't -- anyhow,
I'll just leave it right here for you. It's in a Panera bag.
CHAIRMAN McDANIEL: I was feeling a little slighted
because you've gone up and down the row, and I hadn't gotten one, s o
now --
MR. BEYRENT: Well, see, it's because you can't give heavy
objects out. Like with Donna Fiala, she's the queen of pickleball,
right? There's no question, right?
COMMISSIONER FIALA: Thank you.
MR. BEYRENT: Andy Solis is going to be -- you're going to be
handling all the situation we've got with DLC and the Sheriff's
Department. Awesome job.
COMMISSIONER SOLIS: I got the giant trophy, too.
MR. BEYRENT: I know. You got the biggest one with the
little statute on the top which I had to take ba ck, which it is illegal
because I got it from another country, I can't tell you about that,
because I flew in a 747, and --
CHAIRMAN McDANIEL: We've got to go.
MR. BEYRENT: I know. Well, it was your presentation.
Long and short, thank you very much. Everybody's doing a
great job, thank you.
CHAIRMAN McDANIEL: Thank you.
(Applause.)
MR. MILLER: Your final speaker under public comment is
Robert Lamb.
MR. LAMB: Good morning.
October 8, 2019
Page 18
CHAIRMAN McDANIEL: Good morning, sir.
MR. LAMB: I just -- I'm here to represent some dissatisfaction
with your golf cart restrictions that you imposed upon Everglades
City and Plantation Island and Chokoloskee. You've put several
people in severe stress and a lot of burden on the rest of the
community. Some of those people depend on their golf carts to get to
church, to get to the post office, to get to work, and that kind of thing,
and now they're locked out. They can't -- they can't use their golf
carts on -- especially on Plantation Parkway, which is the only road
to Plantation Island from Everglades City.
And so these people are under a severe hardship. They can't --
they can't even -- they can't work. They can't do anything. They
depend on that golf cart.
Several of them have been using golf carts for years out ther e;
don't have any other means of transportation. And, you know, they
didn't get any advance notice. Nobody gave notice that they were
going to do this.
So the rest of us in the community try to help them out, but still,
there should be -- there should be some relief from the county to let --
raise those restrictions. I don't know that there's ever been a problem
with golf carts out in that area, so --
CHAIRMAN McDANIEL: Well -- and, Mr. Lamb, I'm not
going to cut you off. But what I would like to do -- we can't take any
votes on anything that you bring up today --
MR. LAMB: Right.
CHAIRMAN McDANIEL: -- but I will give this consideration.
We will bring it back at some particular point in time. I believe that
there's an interpretation issue with the ordinance that we just passed
allowing the utilization of golf carts on Chokoloskee, and it's a
discretionary thing, law with regard to health, safety, and welfare and
so on.
October 8, 2019
Page 19
But we'll look into it, and then I will directly communicate with
you. And if it's requisite of a vote of our board, we'll bring it back
and fix it.
MR. LAMB: Okay. Well, I have a petition signed by about 150
people from that area out there in regards to this. So do I just need to
keep this, or can I present it to the Commission at some time?
CHAIRMAN McDANIEL: I would suggest you hold onto it,
and then I'll actually bring this back as an agenda item should staff
require us to take a vote on it and make a decision, or you can give it
to staff now, either way. Whichever's easiest for you.
Commissioner Saunders?
COMMISSIONER SAUNDERS: Yeah. Just real quickly, I
would like to -- I'm glad you're going to bring that back as quickly as
possible. I think when we voted on this the intent was to give those
folks the ability to use their golf carts, so I'm surprised to hear that
there's a problem.
CHAIRMAN McDANIEL: Well -- and I'm aware of the
problem. And it's a discretionary thing. I was in Everglades City on
Tuesday night at the council meeting, and we had a discussion with
the S -- Sheriff's Office. I can't call them the SO. And so we're
working through that aspect of it.
So I'm not sure anything other than an adjustment in how we're
interpreting the ordinance that there is an issue, but we'll work
through it.
COMMISSIONER TAYLOR: I don't think it was the intention
of this commission --
CHAIRMAN McDANIEL: No.
COMMISSIONER TAYLOR: -- to take away the major
transportation in this area, so --
CHAIRMAN McDANIEL: By any stretch of the imagination.
MR. LAMB: No, I don't think so either. It was just an
October 8, 2019
Page 20
oversight.
CHAIRMAN McDANIEL: Right.
MR. LAMB: You know, and people don't know how that
community thrives out there.
CHAIRMAN McDANIEL: Correct.
COMMISSIONER FIALA: You know, we didn't know.
Thanks for bringing it to our attention. He'll take care of it. We will
help him.
MR. LAMB: Thank you.
CHAIRMAN McDANIEL: Thank you, sir.
(Applause.)
MR. OCHS: Ready, sir?
CHAIRMAN McDANIEL: Yes, sir.
Item #12A
THE BOARD CONSIDER TWO PROPOSED ORDINANCES,
ONE WHICH WOULD BAN THE SALE OF CATS AND DOGS IN
PET SHOPS, AND THE OTHER WHICH WOULD REGULATE
THE SALE OF DOGS IN PET SHOPS - MOTION TO UPHOLD
THE BAN OF RETAIL SALES OF DOGS AND CATS – FAILED;
STAFF, RETAILERS, AND ADVISORY BOARDS TO BRING
BACK A RESOLUTION /ORDINANCE WITH REGULATIONS
ON HOW TO APPLY TO THESE BUSINESSES AND HOW TO
ENFORCE AGAINST (BAD ACTORS) THEM IN REGULATING
RETAIL SALES AND THE TREATMENT OF ANIMALS –
APPROVED
MR. OCHS: Commissioners, that takes us to our 9:30 item this
morning. It's Item 12A on the agenda under County Attorney's
report. It's a recommendation that the Board consider two proposed
October 8, 2019
Page 21
ordinances, one which would ban the sale of cats and dogs in pet
shops, and the other which would regulate the sale of dogs in pet
shops.
Mr. Klatzkow?
MR. KLATZKOW: Yeah, it's your policy decision of the
Board. You can take action, take no action, let pet sales, not let pet
sales. Complete discretion of the Board.
MR. MILLER: And, Mr. Chairman, sorry, just an
approximation, but approximately 100 registered speakers for this
item. I kind of lost count around 85.
MR. KLATZKOW: Which may be a record.
MR. MILLER: It is a record.
CHAIRMAN McDANIEL: No, it's not.
MR. MILLER: Well, for a non-budget meeting, yes.
COMMISSIONER TAYLOR: No. You have to say your
stormwater was --
CHAIRMAN McDANIEL: Yeah, it was.
MR. MILLER: That was the winner.
CHAIRMAN McDANIEL: Well, not that we're all hunting
records, but it's a -- well, I have an idea.
And I'd like to ask my colleagues how they feel about the idea,
and that is if we -- because everybody that is here registered to speak
took their time to be here.
I'm really not interested in sitting here for three minutes for
everybody to get up and tell me why we should ban or not ban. I had
an idea of actually asking people to stand up in -- for those that are in
favor of the ban and then -- and be recognized, and then those that are
in opposition of the ban and be recognized. Then the Board
deliberate along those -- along those lines.
COMMISSIONER TAYLOR: And using the ban as the -- as
the issue, not the ordinance, but the ban. Do we ban it or do we --
October 8, 2019
Page 22
CHAIRMAN McDANIEL: Well, the choice is -- with regard to
the item is to -- is to accept the ban or regulate the circumstances.
MR. MILLER: Mr. Chairman, I need to point out we have a lot
of registered speakers both -- in the hallway, and I guess we have
some on the fifth floor now as well.
MR. KLATZKOW: If the speakers get to be repetitive after a
while, your approach is valid, but simply to not allow the speakers to
speak and just raise their hands yes or no, I don't think that's
appropriate.
CHAIRMAN McDANIEL: Okay. Well, then let's roll. I am
going to say this: If you are a registered speaker -- because this is
government of and by and for the people. If you are a registered
speaker and someone has already said what you are about to say, you
may raise your hand and waive and say you concur in that regard to
help things go along, okay.
MR. MILLER: All right. Mr. Chairman, I want to advise, we
will be using both podiums. I would like the second speaker to be
standing by at the alternate podium and, please, let's hold applause
after the speakers.
Your first speakers is John Morton. He will be followed by
Dr. Matt Facarazzo. I hope I'm saying that close to correct.
Mr. Morton.
CHAIRMAN McDANIEL: Pick a side. They're open.
MR. MORTON: Good morning, thank you. I'm John Morton.
I'm the medical director at Humane Society of Naples here. Closer?
COMMISSIONER TAYLOR: Yeah. Speak into it.
MR. MORTON: Thank you. Sorry.
I know you've got a lot of people ready to talk. We just heard
that. I'm going to be pretty quick here. I just want to talk a little bit
about the human health implications of this type of organization that
might be moving into the county.
October 8, 2019
Page 23
Some may be familiar with the Campylobacter outbreak that
occurred from October 2016 to 2018.
THE COURT REPORTER: Can you slow down just a little?
MR. MORTON: Yeah. I'm sorry. I speak a little fast.
This was an outbreak that occurred in people, animals, and these
pet shop workers. It covered 18 states, and 140 -- or excuse me --
118 people that were confirmed.
The reason that this is particularly a bigger issue among these
animals was 95 percent of these animals had been treated with
antibiotics before or at arrival to these pet stores. That resulted in
that bacteria being really multidrug resistant, meaning that the
common antibiotics that were used to treat it will not be effective.
Not only does this have implications for Campylobacter itself,
but every other bacteria that's inside these animals, e-coli, salmonella.
These all have human health implications. Can result in lots of issues
with people.
You know, we had 20 of these dogs in Florida out of the 149 or
so that were linked. We were second only to Ohio that had 34. So,
clearly, a lot of these dogs are coming down to us.
I know these animals are commingled together before and at
arrival. So even if there was one potentially bad breeder, if that's
what you want to call it, they're mixing these animals inappropriately,
spreading this even further. Children are particularly prone to this.
Elderly, immunosuppressed.
You know, we know that normal dogs can carry this. That is
absolutely accurate, but the multidrug resistant pattern of this was
bad, and not only is that going to delay treatment for humans, it's
going to delay treatment for animals and potentially spread this even
further.
You know, the concern is, are these animals being sent sick?
Are they being covered up? I don't know the answer to that. I can't
October 8, 2019
Page 24
speak to that, but it's definitely a concern.
You know, these 142 animals received 2,600 days of antibiotics.
That's a lot. Up to 60 days per animal in some cases, which is well
beyond the recommended course of treatment of five to eight for this
particular bacteria.
Again, ago I know 118 people, 150 animals is not that many, but
when you're talking about this number of states, none of them have
spread, this is something that could happen in Collier County very
easily. These dogs are kept in pens in these pet stores where kids can
come in and play with them.
I guess that's me.
You know, again, we know kids don't wash their hands.
Clearly, the pet store people are not washing their hands either if
they're the ones that are getting it here, too.
So, you know, there have been outbreaks with other dogs before,
but those dogs -- those outbreaks were not multidrug resistant, and to
me that is kind of the scary part here on the human health side.
So I've got eight seconds. I'm happy to answer any questions
and let the 99 people behind me talk.
CHAIRMAN McDANIEL: Thank you, sir. Appreciate it. Just
for your record, the bell goes off when your time starts -- unless
anybody has any questions. I'm sorry. Do you have questions?
Forgive me.
COMMISSIONER TAYLOR: No. Thank you.
CHAIRMAN McDANIEL: You're good. When the light goes
green, you're ready to go, you have three minutes to speak, and then
when it goes yellow, you've got 30 seconds to wrap it up. So thank
you very much.
MR. MILLER: Your next speaker is Dr. Matt Facarazzo. He's
been ceded three additional minutes from Linet Canela. If you're
present, Linet, can you --
October 8, 2019
Page 25
(Raises hand.)
MR. MILLER: She's here in the front row. He will have a total
of six minutes, and he will be followed by Jimmy Taylor.
DR. FACARAZZO: Good morning, Commissioners. My name
is Dr. Matt Facarazzo. I am a small-animal private-practice
veterinarian in Largo, Florida. I have been a vet in Florida since
2004 and have been the veterinarian for Petland Largo for four years.
I understand that Luis Marquez is opening a pet store in Collier
County, and I wanted to take a moment to inform you about my
personal experience with Mr. Marquez and Petland.
When I started working with Petland Largo, it was under
different ownership. It was my first experience working with a pet
store in any capacity. The reason why my situation is unique is
because I was able to experience firsthand working for a pet store
before and after Mr. Marquez was involved.
Before ownership changed, I considered my experience for
Petland a good one. The owners were a nice family and seemed to
care about their store. The animals were cared for, but a few things
were missing. For example, cleanliness and the absence of an ISO
unit were two things that could be improved but never seemed to be
valued as much I value them. Although they cared for the store, the
previous owner seemed a bit burnt out.
Then there was the experience of working for Petland after it
was sold to Mr. Marquez. First and foremost, he brought in
top-of-the-line breeders, ensuring only the highest quality puppies
possible. He raised the bar for the standard of cleanliness and
increased my frequency from one vet visit to two, sometimes three
per week.
Campylobacter, topic of conversation, obviously, has never been
diagnosed in our store in the time that I've been there. Not one case.
It's a testament to the cleanliness standards that Mr. Marquez
October 8, 2019
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imposed.
Mr. Marquez has already been -- before the ink was even dry on
this contract, he had put his stamp on the place. It was within
minutes of hearing that the store had new owners that my phone rang,
and it was Luis introducing himself and asking me what he can do
and how we can improve.
After completing the sale, Luis' first call was to me, the store
vet, because his concern wasn't anything business related but rather
the health and conditions of the pets he was excited to provide to
families in the Tampa area.
This was music to my ears, because there were a few things that
I wanted to change, and now I had someone with the same mindset as
I did regarding making the health and conditions of animals the first
priority. He asked me what I needed from him. The lack of an ISO
unit being my main concern, I told him if possible I would like one.
Construction of the ISO unit started the next morning. But it didn't
stop there. He could have just made the ISO unit and moved on, but
instead what Luis did was close the store completely so his people
could get to work.
In addition to the ISO unit being built, he replaced all the old
cages with new cages. He built me my own vet area -- exam area.
He also increased the size of the kennel, which he knew would be
needed because the increase of animal staff he intended on hiring.
The improvements were above and beyond anything I could
have hoped for. The point of telling you this is because although he
did improve the areas that the customers were exposed to, his primary
focus, attention, and his resources were put towards the area that
clients did not see, the animal area. His goal was to improve the
conditions of his pets and the working conditions of his staff.
Not only does he love what he does, he truly loves and takes
care of the people he relies on to make it all happen. As you can see
October 8, 2019
Page 27
the turnout here today.
I wish I can go over all the improvements and changes for the
better that have been -- that have happened since Luis took over, but
only having a few minutes, I'll just touch on a few.
He made the vet exam area, he increased the size of the kennels.
He made an ISO area. He replaced all appliances to aid in keeping
everything as clean as possible. He increased the frequency of puppy
exams. He changed the food to higher quality. Increased staffing.
Increased staff training. Breeders as good as they get. Supplies
24-hour on-call veterinarian to ensure puppies get treatment
immediately when needed. He added puppy stimulation. He added a
groomer. He added a new feline area so dogs and cats wouldn't be
mixed and stressed.
He added puppy play areas for puppies to be more socialized
and to decrease stress and boredom in the puppies that were housed
there. I can go on. These are just some of the highlights just in the
first week.
After all of the improvements were made, Luis made a point to
touch base with me at least weekly, and every conversation to this
day starts the same way. And anyone who talks to Luis knows this is
the way he talks. Doc, how are you? How's y our family? How are
the puppies, and what can I do to make things better for the puppies?
Every single conversation starts this way.
As crazy as it sounds, I literally cannot think of a thing he could
do to improve animal conditions or the conditions for his staff. He
works tirelessly to ensure his puppies are as healthy and happy as
possible, and it's been my absolute privilege to work with him.
In addition to providing beautiful, healthy, loving pets to
thankful families all across Florida, and now Texas, Luis has proven
to be an asset in every community he joins that has been recognized
for community service and charity countless times.
October 8, 2019
Page 28
For Luis Marquez, this is not a profession but rather a vocation.
Like the Tampa Bay community, you guys would be very lucky to
have him as the newest member of yours.
I believe in Luis and what he stands for so much that in the first
year he has owned the Largo store, I have personally added two
Petland puppies to my family, and my family loves them and couldn't
be happier.
Thank you for your time. I appreciate it. Do you have any
specific questions?
MR. MILLER: Your next speaker is Jimmy Taylor. He will be
followed by Melanie (sic) Mann.
CHAIRMAN McDANIEL: And then we're going to hold our
applause, please, if you will.
MR. TAYLOR: I don't get any applause.
CHAIRMAN McDANIEL: Until we're done voting.
MR. MILLER: Mr. Taylor, go ahead.
MR. TAYLOR: Okay. I'm Jimmy Taylor. I've literally been
with Petland since I was a child. I started in 1980. I was 12. That's a
joke.
So I really just want to talk to the fact of the people of Collier
County and what they're -- you know, those are the people you
represent. Those are the people -- the ones that are actually seeking
canine companionship. There's different options that they have, of
course, right? Many of them want to adopt, right? So then they can
go to a Humane Society or they can go to a rescue, a shelter.
But then you've got other people, right, that want to get an
eight-week-old puppy and make it their own. They want to raise it
up. They want to train it. They've -- and so those people need
options.
And then you have people that want a unique breed. They brew
up with a Cocker Spaniel or a Golden Retriever or a Basset Hound,
October 8, 2019
Page 29
right, and then they need an opportunity to find a puppy for the ones
that they want.
So mainly it's about the choices of the people and the puppies
that are available to them. I feel like -- one thing I know about Luis
Marquez is that he goes and visits all the breeders, not some of them,
right. All the breeders that he gets puppies from, he goes and he
visits them. I think that part of it is very important.
So what he provides for the public is puppies that are regulated,
regulated by the federal government, regulated by the state
governments, and then that's not enough for him. He goes and
checks on them on his own. So he does everything humanly possible
to make sure that these breeders are not puppy mills and they are not
coming from substandard facilities.
The other thing is he does everything he can for health of the
animal. You just heard from the veterinarian there. But, you know,
all these dogs, they get vaccinated. All these puppies get vaccinated.
They're treated for parasites. All that's taken care of.
But, of course, sometimes bad things happen, right? And that's
why we have to have warranties on these, and his warranties are
above and beyond.
So, you know, bad things do happen sometimes, but what I want
to say to that is why is -- why is everybody -- why does there have to
be somebody to blame for that? If your child gets ill or your child,
god forbid, gets a serious illness and a fatal illness, then does that
make you a bad parent? I mean, no, obviously not.
So, again, I think from my standpoint, it's just a matter of the
choices of the people. If he puts a store in this community, if he does
a good job and the community embraces it, well, then those are the
choices you're looking for. If he -- if that -- if not, if the community
doesn't embrace that and they choose not to do that, well, then he
just -- he won't be in business any longer, right?
October 8, 2019
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So I feel like the choice should be of the people. That's how --
that's how the United States was founded, right? Choices.
CHAIRMAN McDANIEL: Your red light's going off.
MR. TAYLOR: Yeah, I saw it. Thank you.
MR. MILLER: Your next speaker is Melody Mann. She will be
followed by Jason Collins.
MS. MANN: Good afternoon. My name is Mel. I am the
manager at the Petland Largo store.
I have been working for Petland for going on three years. I also
have got to watch the change of ownership. I worked for previous
owners. Luis came in, bought the business, immediately replaced all
of our kennels, went first thing and hired more kennel staff. So we
actually have an entire staff that's dedicated just to the health and
well-being of our puppies. They monitor everything like eating
habits, temperatures, everything possible, basically. We weigh them
every single day.
We keep track of how often they get played with so that we can
we sure that every single puppy is getting playtime. All of our
socialization rooms have hand sanitizer. We have every single
customer sanitize their hands between every single puppy. We
sanitize the floor, the whole room between every single puppy.
Sorry. I'm nervous.
CHAIRMAN McDANIEL: You're doing really well, Mel.
MS. MANN: But it's just been a huge difference just watching
the difference from working there before. I actually just recently got
to go visit all of the breeders. Well, not all of them. Throughout all
of us, we visited all of them. But it was a really cool personal like
experience to get to see all the parent dogs, see that they get played
with every day of their life, see that they are in good conditions so
that we can believe it just like he believes it.
We're animal lovers. We're not people trying to do something
October 8, 2019
Page 31
that doesn't make sense. Like, we're against puppy mills also just like
most people should be. But my personal experience with it ha s been
a good one. I think that the community will like it.
I have a dog from Petland. We go to disability centers. We do
all sorts of stuff with our dogs, but we do spread joy to the
community as well, and that's all I have today.
CHAIRMAN McDANIEL: Outstanding. Thank you.
MR. MILLER: Your next speaker is Jason Collins. He will be
followed by Dr. Albert Lopez.
MR. COLLINS: Hello. My name is Jason Collins. I'm with the
Davie location in Petland Florida. I've worked with them since
January of last year.
I have done a couple of different sides of the business. I've been
the photographer. I've visited the breeders. I've done it all. I did not
grow up in South Florida. I actually grew up outside of St. Louis in a
small town just outside of St. Louis, a farm town.
I was blown away when I moved down to South Florida by, like,
how beautiful it was, and when I started working at Petland Florida --
and I can promise you when I visited these breeders I was actually
blown away, too, because I've met thousands of smiling faces, and
I've asked thousands of smiling faces to wash their hands and apply
hand sanitizer as well, too, to keep our puppies safe.
But to meet the families that are actually raising our dogs that
we do get to send home and actually meeting 80 percent of the
families that are raising our puppies before we (sic) go home and
know how much care and how much time they provide and put in, it
really makes me appreciate it to see everybody that I work alongside,
everybody here in a red shirt and even the ones that aren't in red
shirts, it really makes me appreciate working alongside them, because
we're all -- we're not necessarily just finding puppies homes. We're
taking care of these puppies, and we're taking the throne from
October 8, 2019
Page 32
someone else, and we're handing it off to another family to raise these
dogs.
I was raised in an environment to where you can drive down the
street, and I can promise you, you can find human beings that are
living in far worse conditions than I have ever seen any of our dogs
come from. They come from fabulous places where the families take
pride in what they do. They've been doing it for years. I take pride
in what I do and for what the company has done for me.
I was not necessarily a supporter of pet stores before I started
working for Petland Florida. It took me a little while to get into the
initiative, into the business. Within a couple of months, I was
actually invited to go on one of the breeder trips. I visited probably
20 of the breeders of that trip and met 20 of the families. I met
hundreds and hundreds of dogs that I've just been blown away with.
I found personalities that I'll never be able to find or that I hope to
continue finding in people, but I've been blessed enough to be able to
find them in dogs.
And I hope to send anybody in Collier County home with a
Petland Florida dog. I would love for them to be able to continue that
for the average of what it is, about 14 years that a dog lives. So
anybody in Collier County I would suggest that they take home a dog
from Petland Florida and get to enjoy it, because it's been nothing but
great times. And I could sit up here and bore you all day long with
the great times that I've had with the company, but I won't do that to
you.
CHAIRMAN McDANIEL: We're not bored. Thank you very
much, sir.
MR. MILLER: Your next speaker is Dr. Albert Lopez. He will
be followed by Paul Camilo.
DR. LOPEZ: Good morning, Commissioners. I am here to
speak about the community, the pets, and more so to bring personal
October 8, 2019
Page 33
experience with Florida Puppies Online.
I was invited by the Florida Puppies Online's owner and the staff
to this meeting. I wasn't aware that our community is trying to ban
the sale of dogs and cats and, you know, it really surprised me.
I do believe that regulation is a wonderful thing, and we all, you
know, probably concur on that. I am aware, personally, that
regulation, it goes a very long way with the for-profit business, and it
doesn't go very well with a non-for-profit business.
You know, from my own experience, regulation on the
businesses that they're actually making money and selling pets,
they're hardly regulated. On the ones that they're not, they are not. I
refer to the Humane Society and many other rescue groups that they
do handle pets every day, and they have problems also with parasites,
et cetera, and they don't seem to actually understand the
consequences of it.
My experience with Florida Puppies Online has been wonderful.
I'm a veterinarian. I practice in the Caribbean, in Europe, and in
America, and I've been in America for over 20 years, and I've been in
Naples for over 10 years. We do have a practice in Naples that opens
seven days a week that has a great reputation, and it's one of the eight
practices in the county that is part of the American Animal Hospital
Association, and we have that high distinction. So, meaning, we
follow regulations, we follow the procedures and the protocols that
are set by the American Animal Hospital Association.
Three years ago Florida Puppies Online came to us, and they
asked us for help and assistance because they wanted to actually open
their pet store in town. I wasn't aware of any other pet store in town,
and first I was really hesitant with, but then I talked to them, and I
really wanted to help more so to protect the pet community in town.
So we went through a very tedious process of getting the
sources, the methods, putting systems in place, and the result is, like,
October 8, 2019
Page 34
three years ago, there's hundreds of clients that come to us every
week with great stories. We're the only veterinarian hospital in town
that perhaps service the nursing homes. And that's one other thing,
that I deal with childrens, with adults, with elderly people that love
these pets every day and, more importantly, those pet s are in great
health.
And I'm really here to testify that -- and to create awareness that
the county should focus on regulating and really regulating the
for-business and the not-for-business, you know, pet-related entities
instead of banning them, because all of these people that we see here
in red, they can be future veterinarians. And if they don't start by
cleaning cages and understanding all this process, then, you know,
we'll miss out in a lot of that.
CHAIRMAN McDANIEL: Your red light went off.
DR. LOPEZ: I get it. I wish I could have more time because
this is a very important matter.
CHAIRMAN McDANIEL: We understand that it is, and there
are 100 people that are going to say what you're going to say.
DR. LOPEZ: Absolutely. That's fine.
MR. MILLER: Your next speaker is Paul Camilo. He's been
ceded three additional minutes from Yessica Tello. Is she present?
(Raises hand.)
MR. MILLER: Yes. And he will be followed by Mary
Lundberg.
Mr. Camilo.
MR. CAMILO: Thank you. Good morning, Commissioners.
My name is Paul Camilo. I've been in the veterinary profession for
18 years. I'm a CVPM, a certified veterinary practice manager.
There's about 100 -- about 300 of us worldwide.
I'd like to share with you some of my credentials and what I do.
I'm a member of Vet Partners, which is one of the consulting
October 8, 2019
Page 35
associations in the profession. I speak in behalf of Zoetis, which is
one of the larger firm companies, on best medicine practice in small
animal hospitals. I am a national fear-free pet speaker which mission
is to reduce anxiety/stress in pets, and I'm also on the advisory board
for vet SOAPS, which is the Veterinary Specialty Outreach
Awareness Project, and their mission is to enhance the standard of
care in the veterinary profession. I share with you those because I've
dedicated my life to better the lives of pets. Simple as that.
I ran an animal hospital in South Florida in the Weston area for
a very long time. One of my role was to manage the relationships in
the community with referral sources. A lot of our referral sources
were local breeders, local rescue groups, and pet stores. I have a
relationship with Petland for over 10 years, well before Luis Marquez
ever came along, and I understand that relationship really well.
One thing I would share with you is when dealing with a
breeder, typically they bring in a litter of puppies, and they have little
tags around them with 1 through however many pets they have. And
if we're lucky, we get graded on a piece of paper what was done for
them as far as medical history, dewormers, vaccines, things of that
nature.
When dealing with rescue groups, it's sometimes a little bit less
information. They typically don't come with a medical history. They
might come with the initial what happened to them, how they ended
up in that situation, but they don't come with a medical history.
When dealing with pet stores, the nice thing about them is that
they are regulated. All the puppies come with a health certificate
that's signed off by a veterinarian somewhere that details the
dewormers, vaccines, all of those things. And it was just a pleasure
to work with pet stores because of that.
My specific history with Petland as regards to the before and
after when Mr. Marquez took over was a night-and-day difference.
October 8, 2019
Page 36
There was a lot more communication back and forth from the pet
store level. And something that kind of caught my eye that was a
major change that I saw just from an outsider looking in is they
started to advertise and educate and tell people that if you get a dog
from us, we'll show you the parents, the pictures of the parents. And
the way I understood that their industry worked, I just -- it was hard
for me to understand how that was possible.
And I was fortunate that I was invited on one of these breeder
trips, and I certainly accepted, because I wanted to see what was
going on. And I remember speaking to my wife before going
thinking to myself, boy, I'm a little nervous about going because I'm
not sure what I'm going to see. I'm sure when you think of breeding
facilities, you have an engraved image in your head, and I can assure
you I did too, and it's nothing like that.
On the trip, on visiting about 12 locations, breeders, I did not see
one cage, which I was surprised. All the facilities look like boarding
facilities that people would leave their pets and pay top dollar for. So
I was really happily surprised that that's what I encountered and was
really happy and -- to see how the adult dogs were being treated.
They -- and the conversations around their care. There were
conversations about how much enrichment time they get in the yard,
what type of toys are put in the yard, how they're -- there were
conversations around taking the puppies and leash walking them at a
very early age and potentially even starting with simple commands
like sit, stay, all that enrich the lives of these pets which, again, I was
very happy to see that.
This fight really started in South Florida in Broward County,
and I've been tracking it along the way and typically show up to these
things. And something I would explain to you, and it was touched on
briefly by others, is that deregulation and banning is not the way to
go.
October 8, 2019
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If anything, we need better regulations and better policing on
the -- on everyone, not only at the store level, but really at the rescue
level and at the shelter level. It's the way to go. My fear is if you ban
the sales of pet stores, what's going to happen is an under -- a black
market of pet trafficking, which actually has uptick in California,
where people are just bringing in pets and selling them without
regulations. Thank you.
MR. MILLER: Your next speaker is Mary Lundberg. She's
been ceded three additional minutes from Nancy Moore. Ms. Moore,
are you here?
(Raises hand.)
MR. MILLER: Yes, I see the hand. And she will be followed
by Yaylin Martinez. Ms. Lundberg.
MS. LUNDBERG: Thank you. I am a resident, and I just want
to make it very clear I'm not making any money from my stance here
today. I have no connection with that. It's not a job. Anything. But
I would like to talk about regulation.
Millersburg, Ohio, name withheld by the USDA.
CHAIRMAN McDANIEL: Ma'am, would you state your name
again for the record.
MS. LUNDBERG: Oh, sure. My name is Mary Lundberg.
Good. All right. Millersburg, Ohio, name withheld by the
USDA. Twenty-four dogs found with feet injured. Many of them
trembling, limping, or with blood clots on the feet.
THE COURT REPORTER: Can you slow down, please.
MS. LUNDBERG: Sure. Many had been bleeding for hours
without treatment.
In July 2017 a USDA inspector found a distressing sight at a
breeding operation in Millersburg where a USDA licensed breeder
had severely cut back the nails of two dozen dogs, including cutting
some of the nails completely off at the base, leaving many dogs
October 8, 2019
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actively bleeding and showing other signs of trauma.
The inspector wrote, approximately 25 percent of the adult dogs
in the kennel had their nails cut excessively short by the licensee.
The dogs that were examined appeared sore as they tried to pull
their feet back, drooled, attempted to bite the inspector, and they
licked and chewed their feet and trembled as well as defecated and
urinated during the exam.
The inspector went on to describe that some of the d ogs
appeared lame, which was exhibited by hesitance to bear weight on a
limb, licking the feet, and limping. Multiple dogs had feet that were
bloody and had blood clots stuck to the feet.
The inspector noted that the sensitive pulp of the nail was
exposed in 24 dogs and listed a detailed description of the affected
dogs, many of whom were actively bleeding at 4:45 p.m. even though
their nails had been cut off in the morning.
Despite what appears to be deliberate cruelty or, at the very
least, gross negligence by the licensee, the violations were not listed
as direct or critical in the USDA's online records.
Instead, the 24 dogs were listed only under a single indirect
violation, and this is quoted from the HSUS, Horrible Hundred 2018.
Now, some say that the USDA's a sign of quality. You can look
at that and see that it's not. This is just one example.
What a USDA license is not going to tell you is where a dealer
obtains their animals, if the parents of the baby cat or dog are ill,
mentally unstable, or aggressive. In fact, a breeder was just busted --
had animals confiscated out of Massachusetts this last week, and they
were still allowed to keep 20 dogs, keep going with their business. I
don't remember how many were taken, about 20. Some of those dogs
were so aggressive that they had to be euthanized on site. This is
from a breeder. So you don't know what you're getting.
A USDA license does not tell you how many animals will die in
October 8, 2019
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the care of the kennel or what happens to the unproductive bree ders.
It never guarantees a healthy animal or lets you know if the
kennel has ongoing issues for years. Try it. Try -- look up a dog
online for sale. Try to find out the history, the full history. You're
not going to get it from the USDA.
It doesn't guarantee about any illness that can be spread to other
pets and to people. The USDA kennels are in no way, shape, or form
as open with their statistics as their own county shelter is. Our shelter
tells us how many animals are coming in, how many may have
passed away in their care, and how many were sent out. You don't
get that with a USDA kennel.
Even the AKC, whether you agree with them or not, breeding or
not, the AKC says that you must go to the breeder. You meet the
breeder. You meet the parents. You see what kind of life they're
living in. Removing retail sales is not taking away that option. In
fact, it's helping consumers. It's a consumer protection.
As of 9 p.m. last night, there were 127,000 dogs and 148,000
cats listed on Pet Finder alone. Doesn't include all of the rescues and
shelters that don't use it, the animals listed on Craig's List or
Facebook, the ones out on the street, and I have a whole list of the
breeds. I could go over it, but it's -- it's just absolutely ridiculous.
You could find anything.
I used to volunteer to transport animals. I had some of the most
beautiful purebred dogs in my car. I worked a lot with Florida
Poodle Rescue. Absolutely stunning dogs. They're available.
Removing retail sales is absolutely not removing choice. It's
taking away that pipeline where the people who are up in the
Midwest -- and that's where I grew up, so I've seen it firsthand -- are
producing large-scale breeding facilities, and it's removing that
pipeline of being able to sell them here. Florida's one of the biggest
importers of puppy mills. And I'm from the Midwest, which is one of
October 8, 2019
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the biggest producers of them.
And I'm just here to ask, please make the best decision for our
county, for the people who live within this county, and please stop
the retail sales. It's not about any one business or another, and it's not
about grandfathering anyone in or picking on anyone. They are free
to continue their businesses, just not selling these puppies from these
huge breeding facilities.
Thank you so much for your time.
MR. MILLER: Your next speaker is Yaylin Martinez. She will
be followed by Suzy Felix.
MS. MARTINEZ: I support in regulation of pet stores. Thank
you.
MR. MILLER: Your next speaker is Suzy Felix. She will be
followed by Luis Hernandez.
Ms. Felix. Oh, sorry.
MS. FELIX: I have stuff to give to you guys.
Hi. My name is -- good morning. My name is Suzanne Felix.
I'm from the Carl Shechter Southwest Focal Point Community Center
in Pembroke Pines. And why I'm here is mostly to tell you how
Mr. Marquez Petland could benefit the community, because what
they've done to our community center is unbelievable.
Our members don't need to go to Petland. Petland actually
brings the puppies to the center. And if you guys could take the
moment to actually see what it's like for us to have seniors that can't
take care of pets at home, but they can actually hold a puppy. He
brings puppies, kittens and his employees are outstanding.
Thank you for doing a great job.
I mean, absolutely wonderful. They care for those puppies like
you would not believe. But just to see how a senior holds a puppy --
and it's unbelievable that their anxiety's not there. They're calm.
We have special needs. Now we have the veterans that want to
October 8, 2019
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come on the day that the puppies come because they want to spend
some puppy love. We also have daycare and Alzheimer's. And
Alzheimer's is a big deal, especially that my mother is full
Alzheimer's. She doesn't speak to me, but she speaks to a puppy.
It's unbelievable how you see a reaction done, and he has helped
our community so much that even in the evening we open up our
community for a holiday open house. We have thousands of people
come, and he welcomes -- he brings the puppies even for that
evening, and it's wonderful. The community all comes together, and
it really makes a difference on the look on their faces, even for a
veteran that doesn't say two words but will talk to a puppy or hold a
kitten. He does make a big difference in our community, and I just
wanted to let you know that he would be a great asset to yours.
CHAIRMAN McDANIEL: Thank you.
MR. MILLER: Your next speaker is Luis Hernandez. He will
be followed by JC Planas.
MR. HERNANDEZ: Good morning. My name is Luis, and I
support the regulation of the pet stores.
CHAIRMAN McDANIEL: Thank you, Luis.
MR. HERNANDEZ: Thank you.
COMMISSIONER TAYLOR: I have a question.
Mr. Hernandez, do you work for Petland?
MR. HERNANDEZ: Yes.
COMMISSIONER TAYLOR: Okay.
MR. HERNANDEZ: Been working in Petland, like, a year and
six months.
COMMISSIONER TAYLOR: Okay. Thank you.
CHAIRMAN McDANIEL: Thank you.
MR. HERNANDEZ: Welcome.
MR. MILLER: Your next speaker is JC Planas. He will be
followed by Beverly Smith.
October 8, 2019
Page 42
MR. PLANAS: Good morning, Commissioners.
Sitting here in the audience, it's kind of interesting. We're going
through basically an approval process for a business that's already
been zoned in the area. It's like we're having a hearing before he has
even opened. And I think you have to give yourself pause. This is a
lawful business throughout the country.
Now, I personally started working with Petland as their general
counsel last year, and they flew -- the first thing they did was fly me
out to go visit the breeders. I was stunned. They looked like
expensive puppy hotels. They have eliminated puppy mills.
I'd like to say something. You're going to hear a lot from
opponents of sales of animals. And even the little that we've heard
today doesn't really refer to any of the institutions that are owned by
Mr. Marquez, any of the Petlands. Any of the reports you've seen of
harm at Petlands were not his stores. Anything we're seeing with
breeders are not his breeders. He has eliminated puppy mills to the
point that we are now in litigation to prove in a court of law that we
do not sell puppy mill dogs. That is how we stand behind the
product. And I say "we" because everyone who is involved with
Petland has this sense of participating in something that's changing
the industry.
I've spoken to veterinarians who have said that they've seen just
in the past four years changes in the industry not just brought about
by Mr. Marquez but by the breeders that he buys his dogs from.
These guys are going above and beyond what has always been done.
We're the way to eliminate puppy mills.
Before you today you also have a bill to regulate. When do you
ever see an industry come before you and say please regulate us?
And that's what we're asking for, because what we care about more
than anything is the care of animals and the prevention of their abuse.
By actually passing good-sense regulation, we can all work together
October 8, 2019
Page 43
to eliminate puppy mills, and that's what the goal should be.
So rather than kicking any can down the road, rather than
saying, well, we're just not going to ban, or rather than saying we're
going to ban, let's do something right. Let's do something that can be
a model for other counties in Florida. Brevard has done it, Manatee
has done it. Collier County can be at the forefront of true animal
regulation, true care of animals, protecting animals in a way that we
all want to, and that's why I think that's the option that you should
most consider today.
Thank you very much. Wonderful to see you guys.
MR. MILLER: Your next speaker -- and I'm having a hard time
reading this last name. Jonathan Furist (sic), Humane Society in
Naples.
CHAIRMAN McDANIEL: Foerster.
MR. MILLER: Foerster. It's your handwriting, sir. I'm sorry.
MR. FOERSTER: No problem.
MR. MILLER: He will be followed by Sarah Baeckler Davis.
MR. FOERSTER: I'm actually going to cede my time to her.
MR. MILLER: Okay.
MR. FOERSTER: I was trying to do that earlier.
MR. MILLER: All right. Well, Sarah Baeckler Davis now has
a total of 17 people ceding time to her, so that's going to be -- wow,
that's going to be 51 minutes, I think.
CHAIRMAN McDANIEL: By the way --
MR. MILLER: Mr. Chairman, I can read all these names, but I
do understand we do have some of the people that have ceded time in
the hallway and on the fifth floor.
CHAIRMAN McDANIEL: Okay.
MR. MILLER: Would you like me to assume that these people
are here?
COMMISSIONER FIALA: Talking for an hour.
October 8, 2019
Page 44
CHAIRMAN McDANIEL: We're going to let you talk for
about 17 minutes, and then we're going to break, whether you want to
or not.
MS. BAECKLER DAVIS: Don't worry. I don't need an hour.
CHAIRMAN McDANIEL: Good. At 10:30 we're going to take
a break, because Terri's down here -- she's already broken into a --
MR. MILLER: Just for the record, Ms. Backler Davis will be
followed by Jim Rich.
COMMISSIONER TAYLOR: Mr. Chair, I think it's important
that -- and I hate to do this -- that we know that these people are here.
CHAIRMAN McDANIEL: We're going to take their word for
it.
COMMISSIONER SAUNDERS: I'd like to hear the names.
We don't need to -- just hear all of the names.
MR. MILLER: I will be happy to call all of the names, sir.
COMMISSIONER TAYLOR: And if you're here --
CHAIRMAN McDANIEL: And if you are in the room, raise
your hand, and --
MR. MILLER: Okay. Jonathan Foerster.
CHAIRMAN McDANIEL: Assume that she's not lying.
MR. MILLER: Rita Knauer.
CHAIRMAN McDANIEL: They kind of know our rules.
MR. MILLER: Judi Graham. Connie Chalmers. Gary (sic)
Goodman.
MS. GOODMAN: Cary Goodman.
MR. MILLER: Cary Goodman. I'm sorry.
MS. GOODMAN: Residents of Collier County.
CHAIRMAN McDANIEL: Please don't yell.
MR. MILLER: Andrew Occhiopenti. I hope I'm saying that
close to right. Amy Hillbert. Karen McCarthies. Eileen Goetz.
Maria Shay. Dave Freeman (sic). Kathleen Krenitsky. Linda
October 8, 2019
Page 45
Greenwald. Betsy Welch.
MS. WELCH: Here.
MR. MILLER: Melissa King. Dixie Bibb. And Donna Foote.
And I will say, Mr. Chairman, I did receive most of these
personally, so these people were at least here at one point.
COMMISSIONER TAYLOR: Thank you.
CHAIRMAN McDANIEL: They were at one stage. Thank
you.
UNIDENTIFIED SPEAKER: I've been in the overflow, so I
could give you mine, too. Thank you very much. I didn't know if I
would.
MR. MILLER: Are you ceding time, or you just want to speak?
UNIDENTIFIED SPEAKER: Just a minute is all I need.
MR. MILLER: You'll be called later. I have, like I said, 51
minutes worth of time. Do you need 51 minutes, Ms. --
MS. BAECKLER DAVIS: I do not.
MR. MILLER: I will set this for 18 minutes, and we'll go from
there. Does that sound good?
MS. BAECKLER DAVIS: That's plenty.
CHAIRMAN McDANIEL: Fifteen minutes.
MR. MILLER: Fifteen minutes it is, sir.
CHAIRMAN McDANIEL: You burned three minutes reading
the names. We're going to take a break at 10:30, and then we'll come
back, and you're welcome to continue to speak. I'm stopping at
10:30.
MS. BAECKLER DAVIS: Everybody get comfy. No, I'm
kidding. I do not need all that time, although I think it speaks
volumes about the support we have here in Collier County.
My name is Sara Beckler Davis, executive director of Humane
Society of Naples. I am a resident of North Naples. I live in
Commissioner Solis' district. I run a business in Commissioner
October 8, 2019
Page 46
Taylor's district. I am a proud Leadership Collier Class of 2019
graduate. I live and love and work and serve in Collier County.
I also want to disclose that although I'm not speaking in my role
or in the capacity of my role, I do serve on the DAS Advisory Board
as well, and I serve as secretary. I apologize also. I am battling the
plague here.
Collier County loves its animals. We are proud of loving our
animals and we are not unique in loving our animals. There is strong
public policy to support this dating back to the 1800s, both on the
national and state levels for protecting our animals.
And because we love our animals so much, Humane Society of
Naples enjoys broad support in this county. We have placed over
100,000 animals in homes since our inception in 1960, and between
us and the Domestic Animal Services shelter, which we partner with,
we serve over 10,000 animals per year. We are honored to
independently raise and spend around $6 million in this community
each year to do this good work.
Humane Society of Naples supports a ban on the retail sales of
dogs and cats because it is exactly counter to our mission to allow
that type of sale. A big part of our mission is to find homes for
unwanted animals. Allowing retail sales will make it harder for us to
accomplish our mission because there will be more unwanted animals
in Collier County. It's that simple.
The effect of more unwanted animals is more euthanasia in
Collier County. We have worked hard as a county. DAS and
Humane Society of Naples are proud to have partnered on these
efforts to reduce the rates of euthanasia of dogs and cats in Collier
County, and we are very lucky that we are very close to not having to
euthanize any unwanted animals here in Collier County. That's
something that we should all be very proud of, and that makes us
unique in the nation. This progress is at risk if you allow retail sales
October 8, 2019
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of dogs and cats, and this county doesn't want that.
Many people who speak today will talk about the health risks,
and they are significant to both humans and animals with this
institutionalized breeding of dogs and cats. Out of respect for your
time, I will leave that to other speakers.
I also know that you've already heard and you will continue to
hear about protecting business interests, but I am here to say that I
run a $6 million animal business in this county without selling dogs
or cats.
We also have adorable puppies. There was some mention of
puppies earlier. We have lots of them. I just got text messages
earlier of some that we have available. It's not true that shelters only
have old or sick or large animals. We have lots of puppies. If
anyone needs one, you know where to find us.
Retail giants like PetSmart and PetCo follow this national trend
which is not to sell dogs or cats in a retail environment. They work
only with rescue partners like Humane Society of Naples, and they
have saved millions of animal lives collectively, far more than pet
stores are serving. If these business leaders can find profit without
putting the community at risk, I don't see why any other business
can't do the same.
This is not personal to any particular business or business
owner. This is strong public policy.
Finally, it's obvious and palpable in terms of the number of
minutes that were ceded to me and in terms of the turnout, and we're
proud to be breaking records here today. I will, if it's okay, ask our
supporters to stand so that the commissioners may see our local
county residents who have showed up here today to support a ban,
and then I won't take up any more of your time.
If our supporters can stand. There are many upstairs who
weren't able to get here super early, like our colleagues in the red
October 8, 2019
Page 48
shirts. We are volunteers, and we are residents of Collier County,
and we very respectively ask you to impose a retail ban. In terms of
regulation we believe that the DAS, and I know this in my service, is
already overburdened, and unless you're planning on giving them a
significant budget boost which, of course, I would support, I don't
think that they're able to properly regulate this kind of industry.
Thank you. If you -- if there's any questions, I'd be happy to
answer them.
COMMISSIONER SOLIS: I have a question, and I should have
probably asked this before of the veterinarian director.
MS. BAECKLER DAVIS: Yes. Dr. Martin.
COMMISSIONER SOLIS: One of the things that he said was
that the puppies and puppy stores are treated from -- anywhere from
60 to 120 days with antibiotics. How do we know that?
MS. BAECKLER DAVIS: He reviewed extensive medical
records of cases. Because it's been investigated by the CDC, those
cases are available via public record. So he was going through
medical cases of some of the breeders at issue here.
So the records of their treatment are showing that they're
arriving on antibiotics, that they're treated with antibiotics before they
get shipped, and that they continue to be treated with antibiotics, and
that can result in, as he mentioned, antibiotic resistance, which is a
problem for our veterinarian community because it's hard to treat, but
more so, I think, for this body is that it's a problem for our humans.
And if we have antibiotic-resistant drugs in the human population, we
have a real problem.
COMMISSIONER SOLIS: So -- but this is something that's
being disclosed, and the records are being kept, and you can find this
out?
MS. BAECKLER DAVIS: We were able to via the CDC
investigation, yes.
October 8, 2019
Page 49
COMMISSIONER SOLIS: Okay.
COMMISSIONER TAYLOR: And, specifically, it's -- we're
talking about the issue of that disease, right?
MS. BAECKLER DAVIS: Of Campylobacter and other -- other
worms, diseases, issues that can transfer to humans. I would say that
even if you accept all of what you're hearing from the folks in the red
shirts and people who are working for Petland, obviously, who are
paid to be here today, even if you accept all of that as true, I would
bring you back --
CHAIRMAN McDANIEL: Easy.
MS. BAECKLER DAVIS: Accept it as true. That's fine. I
would concede, even if it's true, it's still strong public policy to ban
this retail sales. We have plenty of puppies, and we don't want this
unwanted euthanasia in our county.
CHAIRMAN McDANIEL: Thank you, Ms. Sara.
MR. MILLER: Your next speaker is Jim Rich, and he will be
followed by Luis Marquez.
MR. RICH: Good morning, Commissioners, and thank you for
allowing me to speak this morning. My name is Jim Rich. I am one
of the founders of For the Love of Cats. That's the cat rescue on
Marco Island. I am also on the advisory board o f Domestic Animal
Services in the position of animal advocate.
It is in this position that I have come to speak not only on behalf
of my committee but for all the independents, rescue, and adoption
organizations through the county that have tirelessly spent years
rescuing and adopting dogs and cats with no other motive than their
passion for animals and commitments to give them a better life.
During all this time -- for my organization it has been 18 years --
we have struggled to improve animal rights by patiently working with
our commissioners for positive change such as our chain ordinance
for dogs, our TNR ordinance for cats, and the breeder ordinance.
October 8, 2019
Page 50
One of the purposes of the current breeder ordinance is to
prevent puppy and kitten mills from operating in Collier County. We
all know that puppy and kitten mills are a cruel business that sell
mostly unhealthy animals to the uninformed public. Allowing an
out-of-the-county online business or a national retail chain that has a
reputation for the retail sale of puppy and kitten mill animals is in
direct conflict with our current ordinance. This also undermines the
positive results for animal welfare we have worked so hard for
through the years.
I just pulled this. These are only two examples of documented
animal abuse. February 2, 2018, this is from a Fort Myers
newspaper, Lee County Animal Services seized 24 puppies from a
Petland store in College Parkway right as they were being dropped
off last week. Many were disgusted by the filthy conditions t hese
puppies endured on their way to Fort Myers. Lee County seized the
dogs after they arrived by a Missouri company, Puppy Travelers
LLC.
Investigators say the puppies were kept in crowded cages full of
feces and urine without any water. At one point Animal Services say
they were up to 127 puppies inside the truck.
October 2019, this is from a former employee. Horrible
standard of care for the animals. Saw disgusting things. Animals
dying every day. No care for them and dogs coming in with fleas a nd
diseases every day. This was the most nightmarish experience I've
ever had at any job. These dogs come from horrible places. Don't
work here if you actually love animals. It was too much for me.
Commissioners, we would respectfully request that you approve
the amended ordinance as presented by Darcy Andrade, director of
Domestic Animal Services, that would prevent the import of puppy
and kitten mill animals online and retail sale in Collier County.
This is unanimously supported by the DAS Advisory Board.
October 8, 2019
Page 51
Collier County needs to show that it is not business as usual, and we
will not tolerate nor be influenced by those trying to conduct business
in our community with documented abuses to domestic animals and
the public.
Thank you for your time.
CHAIRMAN McDANIEL: Don't go away. Commissioner
Saunders has a question.
COMMISSIONER SAUNDERS: In reference to the news
article that you cited in 2018 in reference to -- I believe you said that
was in reference to the Petland store in Fort Myers.
MR. RICH: That's correct.
COMMISSIONER SAUNDERS: Can you kind of go over that
again just real quickly what the substance of that was. I heard most
of it, but --
MR. RICH: Yes. They basically came from a puppy mill up
north, and I have the article. And there were over 140 dogs and
puppies in this trailer. And they said that they had to remove several
of them.
COMMISSIONER SAUNDERS: Do you have a copy of the
article with you?
MR. RICH: I do.
COMMISSIONER SAUNDERS: Could you hand that to the
manager. I'd like to take a look at it. I'll give it back to you. I'll
make a copy of it.
MR. RICH: Absolutely.
MR. MILLER: Your next speaker is Luis Marquez. He's been
ceded additional time from Terry Miller and Miranda Schimenek.
CHAIRMAN McDANIEL: And I'm going to do this, if you
don't mind, sir. We're going to go ahead and take a break for our
court reporter, and you've got 10 -- nine, 10 minutes.
MR. MILLER: Nine minutes.
October 8, 2019
Page 52
CHAIRMAN McDANIEL: Nine minutes. So we're going to
come back at 10:46.
MR. MARQUEZ: Okay. Yes, sir.
(A brief recess was had from 10:25 a.m. to 10:42 a.m.)
MR. OCHS: Ladies and gentlemen, please come to order.
CHAIRMAN McDANIEL: I want you all to -- I'm taking full
responsibility for the error. My math is requisite for me to add up to
10 minutes. I gave 20. We are shying a little bit on the 20 -minute
court reporter break. And no one will be excluded because of my
error with us starting a few minutes early.
So if there is someone who has stepped out, took me verbatim,
we'll make sure that they have an opportunity to speak, so...
MR. MILLER: All right. Mr. Chairman, your next speaker is
Luis Marquez. He's been ceded additional time from Terry Miller
and from Miranda Schimenek for a total of nine minutes, and he will
be followed by Addy and Sydney Rodman.
MR. MARQUEZ: Good morning, Commissioners. How you
guys doing today?
I wanted to go ahead and put something on the record if
possible, and pass out to you guys. The first thing I'm going to pass
out, this is a -- someone we call our Petland breeder, Petland Florida
breeder contract pledge.
These are 15 different items that my -- all of our 58 breeders that
we currently work with and have been working with that go above
and beyond. They've all signed this contract. I can pr ovide that to all
of you signed.
I want to pass this out. I need you guys to take a look. It's 15
different items. I go above and beyond USDA standards, okay.
I also am going to give you one handout to pass around. These
are our locations, and then these on our community events. All right.
These are -- it's over 100 events that we've done in the last year in our
October 8, 2019
Page 53
community and every community we've been in.
CHAIRMAN McDANIEL: You want to just make sure that
gets to the court reporter, or do you have individuals copies for each
one of the board members? If there is not, Luis, just make sure that
Terri gets it.
MR. MARQUEZ: Okay. Thank you.
All right. Again, good morning. I am the owner of the Petland
store that's coming to, you know, open here hopefully December 1st
of this year. It's going to be on -- on 41, on the corner of 41 and
Immokalee Road. This will be my sixth store, my sixth location here
in the state of Florida. I also have one in the state of Texas and
opening up a few in Houston, Texas, as well.
I'm a little bit nervous. This is not my arena. If there is only
one thing, Commission, please, that you take away from what I'm
going to tell you here today, is that I hate puppy mills. I hate them. I
hate them more than anybody in this audience.
I don't -- I get compared to them consistently, this industry does,
and I've dedicated my last three years in this business to try and get
away and shut down puppy mills. If some of these activists that are
here, some of the people that want to be out here that are going to be
talking, that have been talking, I wish that they would, you know,
accept our olive branch and try and shut them down together.
I have worked hard to ensure the breeders I purchase from are
held to the highest standard, well beyond the USDA requirements.
You're going to see that in the handout I just gave you.
I have personally selected 58 breeders, all of which have agreed
to our requirements ensuring the breeding dames and sires and their
puppies are well cared for and extremely healthy.
Not only do I require my breeders to sign a contract agreeing to
our standards, I also personally make unscheduled inspections three
to four times a year to make sure that they're doing everything that's
October 8, 2019
Page 54
required and expected of them.
I also take my staff to check it out. We just got back about four
weeks ago, and I took 40 of our staff members out there. I want my
managers, my kennel techs, my kennel managers to know where their
puppies come from and the fact that everything that I tell them and
that I show them is real.
Sorry, guys.
I have copies of that. I'm going to -- I want to roll through a
quick video. I didn't take up too much time. It's about two minutes
long. I want to roll it real quick so you guys can take a look at it.
(Video being played.)
MR. MARQUEZ: On the screen, this is actually us getting into
some of these facilities. These are facilities. What I want you to
focus on, I want you to focus on the socialization yards, I want you to
focus on breed-specific grooms. Anything that you have been shown
is going to tell you that dogs are held in tiny wire cages, that they're
matted, and that they're -- you know, that it's all animal cruelty.
These are just three representations, because I don't want to take
up, you know, an hour and a half. But if you guys want every single
one of these videos, we have them. We show them to our customers,
and we also have pictures of every adult sire and dame that we
purchase from.
You're going to notice, again, socialization yards. You're going
to notice that they have in and out access at all times. You're going
to notice happy, healthy animals, pets, adult dogs. You're going to
notice toys for enrichment and socialization. You're going to notice
different types of flooring for the puppies as they get used to, you
know, when they go to the homes that we're going to go ahead and
send them to.
Please took at this. I mean, this is a little bit different than I
think you guys have been shown before. And, again, this is a
October 8, 2019
Page 55
portrayal of the breeders that we work with. This is nothing of, like,
puppy mills which is everything you've been hearing and are going to
continue to hear here today.
My family, my kids, my wife, my parents, everybody that works
for us is involved. They've been to these facilities. There's full
transparency here, guys.
Any questions on these breeders, and I am willing and able, you
know, to do anything that you ask of me.
So these are just -- these are three. You're going to notice that,
you know, Cocker Spaniels, Pomeranians, Cockapoos, Golden
Retrievers, Mini Golden Doodles, a lot of hypoallergenic breeds in
these facilities.
That's us leaving.
I also want to remind you guys that all the sickness and all that
stuff you guys have talked about, Campylobacter, this and that, none
of those came from my stores. You know, they're not from my
stores. I mean, there could be something that happens every once in
a while, but anything that you've heard today is not from my stores.
We don't own the Petland in Fort Myers. I own the Petland in
Kendall, I own the Petland in Pembroke Pines, Davie, I operate the
one in Plantation, I own the Largo location, and I own the Petland
that's going to be in Naples. And I also own the Petland in Tyler,
okay.
I'm going to jump back to this here real quick. I've got three
minutes, so...
As you see from these videos, these are not puppy mills. These
locations are indicative of all of our breeders, the constant access to
outside runs, the size of their enclosures, the large play areas, the
cleanliness. These are all requirements we have of our breeders. Our
breeders are to have -- all of our adult dogs that they raise are to
have -- they're to go out in the socialization yards twice a day for a
October 8, 2019
Page 56
minimum of 30 minutes every single day.
If we spot-check them and that's not the case, they are out. We
don't -- there's no warning. There's no none of that stuff. We also
only buy from USDA breeders that everybody, you know, is harping
on here, but we do not buy from any USDA breeders in the -- that
have a violation, a direct violation in the last two years or any indirect
violation for the last three years. So that's another prerequisite that
we put on them.
Also, every puppy that -- you know, that is coming into our
stores is checked by a veterinarian three times before they go home
with any potential consumer. They're checked at four weeks where
they're dewormed and vaccinated and done whatever they need, then
they're checked again at eight weeks before they're transported to our
locations, and then they're checked by our veterinarian when the
transport gets to our stores: Three times by a licensed veterinarian.
That's on the record, and that's on every documentation.
You also saw the habitats the puppies live in after they come to
our stores. Once in our stores, we have a veterinarian visit each of
our stores at least three times a week to examine the health and
well-being of each of our puppies, not only to ensure they are healthy
but to ensure that they are safe for our staff and to be sold to the
public.
As you saw, we do not keep puppies in wire cages. That's a
no-no. It's on the contract. And we require them to have two
30-minutes session of socialization and human interaction every day.
I go above and beyond what most pet stores do because I care. I care
about animals and I care about the customers we serve. I also care
about my community.
My goal is to be more than just a pet store in your community,
Commissioners. My goal is to be everything you guys see in what I
just passed out.
October 8, 2019
Page 57
My family and I, my kids, we donate puppies to veterans. We
donate puppies to children that have handicaps. It's important. We
hope to one day have a foundation of our own. Autism is a very dear
thing to us, and, you know, we've donated, I want to tell you, over 30
puppies in the last 12 months to different causes. It's our way of
giving back.
I am investing a lot to open a business in this community.
Including construction and supplies, we will have over $600,000
invested. That doesn't include the $14,000 a month for the next 10
years at almost $2 million in your community on top of being a great
part of this community.
I encourage you to institute regulations and ensure only
responsible and ethical businesses are allowed to operate in this
community and that the pets they sell are healthy and safe rather than
a blanket ban on all sales.
Again, I thank you for your time, and I look forward to being a
part of this community, guys.
Thank you very much.
CHAIRMAN McDANIEL: Thank you, Luis.
MR. MILLER: Mr. Chairman, your next speakers are young
sisters who want to speak together, Addy and Sydney Rodman, and
they will be followed by Edmond Sayers.
CHAIRMAN McDANIEL: One second, before you go, ladies,
Luis, there is a question here by Commissioner Taylor.
COMMISSIONER TAYLOR: Yes. Hello. Thank you very
much. Did you bus your people in from the East Coast?
MR. MARQUEZ: My people came in because they wanted to
show support, yes.
COMMISSIONER TAYLOR: Would you ask your people to
stand up, please.
MR. MARQUEZ: Yeah. What does that tell you about my
October 8, 2019
Page 58
people and what we do for our community and our staff?
COMMISSIONER TAYLOR: Thank you.
MR. MARQUEZ: By the way, we employee 310 people in this
state, and we're bringing 50 or 60 jobs to this community.
COMMISSIONER TAYLOR: I think you probably do
understand this is the banning -- what's before us is not to ban pet
stores.
MR. MARQUEZ: No, no. I understand what you're doing.
COMMISSIONER TAYLOR: It's to ban the sale of animals
within the pet store, and you are more than welcome to establish a pet
store here. The issue is whether you're allowed -- you know, whether
there's a ban against the actual retail of small --
MR. MARQUEZ: The facts, Ms. Taylor, Commissioner Taylor,
is that my business model is not to be asked -- to be changed by
anyone. This is a land of free consumers, all right. And my business
model is 80 percent pet sales. So what you do is you put me out of
business. So that's why there needs to be the sale.
And just so you know, I've reached out to Animal Services, and
I've offered them a space in our location to help adopt animals. Since
there is -- they say there's a problem with that, I want to help in any
regard possible. Darcy has that on the table, and I hope she takes
advantage of that.
CHAIRMAN McDANIEL: Thank you, sir.
MR. MARQUEZ: Thank you, guys. Appreciate it.
MR. MILLER: Addy and Sydney Rodman will be followed by
Edmond Sayers. Ladies.
ADDY RODMAN: I am Addy Rodman, and I'm 10 years old,
and I have one dog and four cats.
I really love animals, and I think that having Petland having
breeder -- having puppy mills is a bad idea, because what I've heard
at the meetings with the Cape Coral Animal Shelter that they are put
October 8, 2019
Page 59
in multiple groups and cages without any air conditioning, and a lot
of them die.
CHAIRMAN McDANIEL: Thank you, Addy.
SYDNEY RODMAN: Hi. My name is Sydney Rodman. I am
a homeschooled student, and we live in Cape Coral, Florida.
We are trying to get the Cape Coral Animal Shelter open as soon
as possible because I believe that there's many animals throughout
the entire United States of America. There is adult dogs, adult cats
that they are in the animal shelters and they are looking at all of the
people who pass through them, and they are wanting to get adopted.
They say, oh, is that one going to be my owner? Is that person going
to love me forever? And then when that person walks away because
they want a puppy, they are -- they're sad and they -- their happiness
just drips away, and it's really sad.
So we just wanted to let people know that there's plenty of adult
dogs that want adopted. There's not just puppies. And you can mix
your breeds and get the mixture of every -- there's every combination
imaginable and just ones that just want to be loved, so...
CHAIRMAN McDANIEL: What's your name, young lady?
SYDNEY RODMAN: Sydney.
CHAIRMAN McDANIEL: Sydney, how do you do?
I would like for you to send me an email. I'm personal friends
with two of the council members in Cape Coral, and we're going to
help you get that shelter opened up up there.
SYDNEY RODMAN: Thank you.
CHAIRMAN McDANIEL: Please do.
(Applause.)
MR. MILLER: Your next speaker is Edwin Sayers. He will be
followed by Nathan Bazler. Mr. Sayers has been ceded three
additional minutes from Dayron Portela.
MS. PORTELA: I'm here.
October 8, 2019
Page 60
MR. MILLER: Thank you very much. For a total of six
minutes. Mr. Sayers.
MR. SAYERS: Thank you very much. My name is Ed Sayers.
I've dedicated the last 45 years of my life on the welfare of
companion animals. From 2003 to 2013, I was the president of the
ASPCA in New York City. They are to lead the no-kill New York
initiative, and I'm probably better known for the Sarah McLachlan
commercials that we created at the ASPCA.
I'm currently the director of animal welfare education for
Petland. I began my career in the field of animal welfare managing a
regional animal shelter in New York City -- in New Jersey in 1974,
and many things have changed during that time.
And for homeless dogs, the changes have been dramatically
positive thanks to the work of thousands of animal welfare
organizations and millions of animal welfare donors.
In the 1970s, there were approximately 50 million owned dogs,
and we acquired about five million dogs on an annual basis. We had
about 4,000 animal shelters in the United States, and we would
euthanize 12 million dogs a year. Conservatively, 12 million. It
could have been as high as 15. We were euthanizing more than two
times the number of dogs being acquired each year.
At my shelter we had to euthanize 80 to 90 percent of our
homeless dogs and cats for lack of space. As the person responsible
for managing the euthanasia technicians for over 20 years there, the
tragedy of dog and cat overpopulation remains visceral for me to this
day.
Today we have a different situation. Today, according to the
most recent American Veterinarian Medical Association survey,
Americans own 77 million dogs, and 7.7 million will be acquired this
year.
According to the ASPCA, animal shelters throughout the United
October 8, 2019
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States will take in 3.3 million dogs this year, and 2.6 million will be
either adopted or returned to their owners.
Demand for dogs now far exceeds the number of dogs in animal
shelters. And how did this happen? Well, it didn't happen quickly.
It took decades. The first reason is we have the majority of
veterinarians now recommending that dog owners have their dogs
spayed or neutered before the age of six amongst and, in addition, we
had many local and national animal welfare organizations and
humane societies create low-cost spay/neuter clinics in disadvantaged
communities.
Today, according to the AVMA source book, American
Veterinarian source book, 69 percent of owned dogs are spayed or
neutered. In the 1970s, that number was less than 30 percent.
The second reason is the growth and increased professionalism
of animal shelters, humane societies, and rescue groups. We now
have more than 15,000 organizations of all sizes dedicating
themselves to sheltering, rehabilitating, and adopting homeless dogs.
Thanks to spaying and neutering, we have fewer dogs entering
shelters, and thanks to the generosity of animal welfare donors and
volunteers, we have more than three times as many organ izations to
help our homeless dog population.
According to AVMA, adoption is now the number one source
for new dog with 28 percent of new pet owners reporting that they
adopted their dog from a shelter or rescue group.
So I wholeheartedly believe that pet adoption should be your
first option. I just don't believe it should be your only option. I have
been advocating for the adoption of sheltered dogs -- sheltered dogs
and cats for 45 years, and I'll continue to do so. But with the demand
for dogs being so much greater than the number of homeless dogs in
shelters, consumers now face a more complex marketplace that not
everyone will be able to adopt.
October 8, 2019
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The retail pet store is now the only regulated source for the
acquisition of a new dog. High demand for dogs has created a
growing black market both on Internet, Craig's List, flea markets,
public fairs. There's a business here created for the unlicensed
substandard puppy mills that we're all referring now. There's no
verification where these animals are coming from.
The retail pet store, on the other hand, can identify when and
where the dog was bred and raised and how it was transported to the
store. The retail pet store must comply with all federal, state, and
local regulations as well as provide customer protection policies.
The retail pet store can only sell puppies bred by USDA licensed
and inspected breeders, and in Petland's case, the sources of their
puppies are the top 10 percent of USDA licensed breeders because
their standards are so high.
A responsibly managed pet store can be the best choice for a
perspective dog owner, and consumers should have the right to make
that choice.
For some they want to raise a puppy and be assured that they
know the breeder was in compliance with state and federal
regulations. Many want the assurance that they have consumer
protection policies administered by the store if there are any problems
with their puppy, and for others, the choice is no choice at all.
There's specific circumstances in their lives that neces sitate a
purebred dog of a certain size with specific characteristics.
There continues to be the misguided view that there is a direct
cause-and-effect relationship between retail pet stores and puppy
mills. The truth is that puppy mills or illegal substandard facilities
thrive in the growing unregulated marketplace. They avoid the most
regulated source of puppies: The retail pet stores.
If the ultimate societal goal is to eliminate puppy mills, we must
understand that it is a shared goal between best practors (sic),
October 8, 2019
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breeders, and pet store retailers, and animal welfare organizations.
In recent years, state legislators have passed legislation and
commercial breeder standards that have closed thousands of puppy
mills. Pet store sale bands have closed none.
We can best protect consumers of Collier County through recent
regulations as proposed here and freedom of choice to pick the pet
they want. We can eliminate puppy mills in this country by working
together to improve breeder standards on the federal and state level
and create pet store buying and selling standards at the city and
county level.
If we want to make -- if we want to end puppy mills, it doesn't
make sense to ban the licensed and inspected responsible breeders
who are not puppy mill. I think these proposed regulations will
achieve that.
CHAIRMAN McDANIEL: Is your question one --
COMMISSIONER SAUNDERS: Yes.
CHAIRMAN McDANIEL: One second, sir. Don't go away.
COMMISSIONER SAUNDERS: I think I can safely say that
everyone in this room has objections to puppy mills. So my question
to you is, how do you define a puppy mill?
MR. SAYERS: Well, puppy mill is a commercial breeder who
puts profit over the welfare of the puppies. And so in normal
situations a USDA breeder, licensed breeder who has direct-care
violations, to me, is the beginning of the line for a puppy mill. If they
don't have the competency to take care of their puppies and dogs
correctly, then I put them into the puppy mill side.
If they were licensed, inspected, with no violations of any kind,
then I think we have -- you know, we're dealing with people that are
truly putting the best interest of the animals ahead of profit.
In the case of Petland, the bar is higher. Ninety percent of them
don't qualify and 10 percent of them do.
October 8, 2019
Page 64
COMMISSIONER SAUNDERS: All right. When you say the
bar is higher at Petland, can you define what that bar is.
MR. SAYERS: I think the biggest thing we're finding out now
and what we always advocated for at ASPCA when we were meeting
with the industry is the socialization factor. It really isn't as much -- I
mean, cage size is important, flooring is important, nutrition is
important, but what we felt the neglect with puppy mills was
socialization; personal time handling puppies and handling the
breeding sire and dame.
And so what you see from, to me, the more elite commercial
breeders is a good amount of staff, competent staff that are spending
the time socializing with their dogs and with their puppies.
COMMISSIONER SAUNDERS: These competent higher
standard breeders that you're talking about, is there an association
that represents them, or are they members of some national
organization that has standards?
MR. SAYERS: There are -- state associations is the most
familiar. State associations have state breeder associations, and they
hold conferences and educational events to, again, upgrade the
standards on the practices of breeders.
COMMISSIONER SAUNDERS: Would your puppy mills --
would those breeders be eligible for membership in those
organizations, or do they have standards that require certain -- again,
certain standards for the treatment and socialization of the puppies so
that a true puppy mill would not be able to meet those standards and
join those organizations?
The reason I'm asking this is I'm going to ask the County
Attorney a question about can we create an ordinance that --
obviously, we can have certain standards, but can we limit where
these puppies can come from in terms of having some definition of
what a quality breeder is?
October 8, 2019
Page 65
MR. SAYERS: I think you have that outlined in the regulations
that are being proposed. But in terms of the state breeder
associations and those that attend conferences, puppy mills are
criminals. I mean, these are substandard, unlicensed breeding
facilities. It's a criminal operation.
Unfortunately, because the demand and supply is such a big -- is
a big issue now, they have more avenues to do business. Some of the
puppy mills that I work with -- I work with HSUS on a puppy mill
initiative in Missouri. Some of those breeders that we put out of
business are now coming back into business through auctions,
through flea markets, through, you know, Internet sales that are not,
you know, best practice.
COMMISSIONER SAUNDERS: Okay.
MR. SAYERS: So they have no interest -- you know, they have
a market. They have no interest in educating themselves because
they're putting profit ahead of welfare.
COMMISSIONER SAUNDERS: Thank you.
CHAIRMAN McDANIEL: Do you want to ask the County
Attorney now or later?
COMMISSIONER SAUNDERS: I think after we've heard a
little bit more conversation.
CHAIRMAN McDANIEL: Okay. Commissioners, don't go
away, sir. Sir, stay there.
COMMISSIONER SOLIS: Yes. Can you repeat for me, I'm
sorry, your background. You were the president of the ASPCA for
New York?
MR. SAYERS: Yes, the national organization. The ASPCA is
the first animal welfare organization in North America founded in
1865.
COMMISSIONER SOLIS: And you've been working with
Petland now?
October 8, 2019
Page 66
MR. SAYERS: Yeah. So I began my career, as I said, running
a New Jersey regional shelter, and I started at the kennel level and
became the president of that organization and then in the mid '90s
went out and led the American Humane Association followed by
PetSmart Charities, followed by the San Francisco ASPCA, the kind
of no-kill model for the country, and then was recruited to come to
ASPCA in New York to lead the no-kill initiative there based on the
San Francisco model.
COMMISSIONER SOLIS: And you're familiar with
Mr. Marquez' operation and the breeders that he works with?
MR. SAYERS: Yes, absolutely. I've gone on breeder tours.
The initial interest for me with the industry is animal welfare
organizations saw this coming. When you have 70 percent of the
owned-dog population spayed or neutered, we know they're not going
to be reproducing the surplus.
So with HSUS and myself at ASPCA, we began meeting with
the industry. We began meeting with trade associations, and one of
the folks there was Petland, Joe Watson, the CEO of Petland. And
we had this discussion, and we created -- over two years we created
what we felt were humane breeding standards, a collaboration
between industry representatives and Petland included, Humane
Society United States, and the ASPCA.
We use that model -- after I left the ASPCA, I became more
interested in commercial breeding because I didn't know as much
about it. And ASPCA and HSUS filed a petition with the USDA to
take the standards that we had created and make that the new higher
standard for USDA breeding standards.
COMMISSIONER SOLIS: Has that happened?
MR. SAYERS: That has not been adopted because the federal
government is not in a pro-regulatory place right now.
COMMISSIONER SOLIS: Okay.
October 8, 2019
Page 67
MR. SAYERS: But those standards initiated the conversation
that this is where we need to be. These are the kind of standards
that -- you know, Petland was the first one to support the petition, and
Petland has the breeder pledge. I mean, they're in a completely
different space than other retailers.
COMMISSIONER SOLIS: So in regards to those higher
standards, is -- the breeder pledge that we've been handed here, is that
consistent with the higher standard that's been developed by these
organizations?
MR. SAYERS: Yeah. The breeder pledge is really based on the
collaboration that we had in these meetings with HSUS, ASPCA, and
industry. That's kind of the root of that document. And, again, it
comes back to -- I mean, obviously, space and nutrition and flooring
are important but, again, it comes back to that socialization and care
for the sire and dame.
COMMISSIONER SOLIS: Okay. All right. That's all I have.
Thank you.
CHAIRMAN McDANIEL: Commissioner Taylor?
COMMISSIONER TAYLOR: Yes. Thank you very much.
Just a point of clarification. Who do you work for?
MR. SAYERS: I'm the director of animal welfare education for
Petland since 2016.
COMMISSIONER TAYLOR: So you work for Petland?
MR. SAYERS: Yes.
COMMISSIONER TAYLOR: Okay. And then were you in the
room when we heard testimony, I think it was our second or third
speaker, regarding the USDA report that was kind of -- was glossed
over what I consider and what most people consider severe animal
abuse about the cutting of the nails of these dogs?
MR. SAYERS: Yes, I did.
COMMISSIONER TAYLOR: And you, obviously, are familiar
October 8, 2019
Page 68
with USDA; is that correct?
MR. SAYERS: I am.
COMMISSIONER TAYLOR: And so what happened?
MR. SAYERS: Well, for me, coming from the animal welfare
side of the equation, I don't -- I don't have great value in the USDA's
resources and competency and inspections in general.
So I -- you know, USDA is the minimum standard. And I think
the minimum standard needs to be raised, and we did that in
collaboration with HSUS and the industry.
I don't think the -- you know, yes, licensed is better than
unlicensed, but what you really need to do is look at these folks --
and, again, using sometimes the bleeder pledge, only deal with the
ones with the kinds that you see in the videos that Luis has shown.
Because there are -- you know, like any profession, there is a bottom
10 percent.
And USDA does not have the resources to meet -- you know,
deal with that segment effectively. And so I never felt USDA was a
big friend to the commercial breeding industry. You know, we
pushed a lot of them out in our Missouri initiative.
But Step 1 is to be licensed, and Step 2 is, you know, start to be
the best-practice commercial breeder. And, personally, I didn't
believe -- you know, I knew nothing about commercial breeding, and
I had a lot to say about it. And somebody said --
COMMISSIONER TAYLOR: In your role as --
MR. SAYERS: At ASPCA and even in San Francisco. You
know, people would say, you know, would you get a puppy from a
pet store? No, absolutely. And commercial breeding is , you know,
bad and all that. And then somebody finally asked me in these
meetings, you ever been to a commercial breeder? And I said, no.
And they said, well, you certainly have a lot to say about something
you've never seen.
October 8, 2019
Page 69
So I went out, and I started visiting kennels, and I saw a level,
you know, A level, B level, C level. There's commercial breeders
that are good, but I wouldn't get a puppy from them. And then there's
commercial breeders who are great and just -- you know, the logic is,
why would somebody dedicate their life to breeding dogs who
doesn't like dogs?
You know, so you ask them what their day is like. You're up at
5:30, we finish around 7:30 at night and that's -- that's if no one's
having puppies. If someone's having puppies, like babies, they're all
born at 2:00 in the morning.
So these are incredibly hard-working people, and they're
smeared by the -- you know, the bottom of their industry. The
bottom 10 percent somehow has become the stereotype of who they
are.
And I was guilty of it, and I learned, and, you know, now I'm
proud to be part of Petland.
COMMISSIONER TAYLOR: Okay. Just -- you know, when
you asked a rhetorical question, and I would say the reason someone
gets involved in this business if they don't like animals is for profit.
CHAIRMAN McDANIEL: Right.
MR. SAYERS: Well, when you look at the opportunities for
profit, banking and law and technology, I don't know dog breeding
really comes as an easy way to make money.
CHAIRMAN McDANIEL: For the record, sir, what's your
name again?
MR. SAYERS: My name is Ed Sayers.
CHAIRMAN McDANIEL: How do you do, Mr. Sayers?
Thank you for coming and speaking today and answering our
questions, and I would like to make sure that you leave your contact
information so, when there are further questions, we can get to you.
MR. SAYERS: Okay, yes. Thank you very much.
October 8, 2019
Page 70
MR. MILLER: Your next speaker is Nathan Bazler. He's been
ceded additional time from Teresa Ferretti.
(Raises hand.)
MR. MILLER: From Jamie Chang.
(Raises hand.)
MR. MILLER: From Adria (sic) Rodriguez -- Andrea (sic)
Rodriguez, I'm sorry.
(Raises hand.)
MR. MILLER: Ashley Wilson.
CHAIRMAN McDANIEL: I don't see Ashley.
MR. MILLER: Teddy Collins?
(Raises hand.)
MR. MILLER: He's in the front row.
Evenston Pierre.
(Raises hand.)
MR. MILLER: Right there. So that takes us down to a total of
21 minutes, and he will be followed by Heather Barrington.
MR. COLLINS: I don't want to cede my time.
MR. MILLER: Oh, you don't want to cede yours. What was
your name, sir?
MR. COLLINS: Teddy Collins.
MR. MILLER: Okay. Are you ready for your video, sir?
MR. BAZLER: Sure, go ahead and start it.
(A video was played as follows:)
Florida Puppies Online is a family-owned and operated
company located in Naples, Florida. With more than 10 years of
professional experience and a lifetime of passion for animals, our
team is dedicated to around-the-clock customer care, detailed
veterinary checks, and a healthy and safe environment for all of our
puppies.
All of our puppies come from licensed breeders that are
October 8, 2019
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meticulously picked by our staff to ensure regulations and best
practices within the industry.
Your puppy has multiple veterinary checks, is licensed and
inspected by four different organizations before you even meet them
providing you with the piece of mind you desire and deserve. Our
local vet makes weekly visits with our puppies and has a
state-of-the-art facility to provide the best care for our dogs.
Your experience, which starts with looking at and meeting our
puppies, is done alongside our passionate caretakers and team. After
you've brought your new best friend home, we continue to provide
the input, knowledge, and resources you'll need to keep your dog
healthy and safe throughout its lifetime.
At Florida Puppies Online, we are excited to help you grow your
family.
(The video concluded.)
MR. BAZLER: First thing I want to give you, Commissioners,
is a petition that we sent around for two-and-a-half days, and we
received 559 signatures and hundreds of comments about --
CHAIRMAN McDANIEL: If you would, please, for the record,
state your name again.
MR. BAZLER: My name is Nathan Bazler. I am the owner of
Florida Puppies Online.
This petition was sent around to keep our doors open. Ninety
percent of our income comes from the sale of puppies. We cannot
compete with the big-box stores, PetSmart, Amazon, Chewy and
keep our doors open with just supplies.
We opened our doors on Davis Boulevard on January 1st, 2016.
One of the things that is not widely known about our business in
Collier County is that we are already regulated by DAS and the
United States Department of Agriculture. Florida Puppies Online has
never received a single violation.
October 8, 2019
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We understand the pet business needs to be regulated, and we
are fine with more regulation. My concern is that Humane Society is
pushing for a ban or stiffer regulations while they themselves are not
regulated at all.
As we all know, when the cat's away, the mice will play. We all
need to be regulated, including the Humane Society and rescues.
Why in the world would any organization that handles live animals
be exempt from these regulations? It makes no sense. DAS needs
more staff so that they can do monthly inspections on each location
that houses pets.
These next four or five slides are the rules and regulations that
are posted on DAS's website.
Before our pups can be offered to our customers, they must be
seen by a Florida licensed vet. They must have an official health
certificate that is up to date. They must be up to date on vaccinations,
and they must be tested to be free from parasites.
These next few -- you can read these things in detail on DAS's
website. They're very extensive. I have other pet stores in other
states, and there's literally no regulations anywhere close to how stiff
DAS already has them.
Any and all tests they ran must be on the pet's heath certified.
This health certificate must be given to the customer, and we must
declare if there's any problems at all that the vets have seen with their
new pet.
Our vet, Dr. Lopez, who spoke earlier, visits our facility at least
once a week to help us ensure that our puppies are healthy.
While in our care, we have standards that must be met and
upheld by the USDA and DAS. This includes but is not limited to
overall health, kennel size, exercising, cleanliness, and routine vet
care. We have to keep records of where our puppies come from and
to whom they are sold to.
October 8, 2019
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And the last line -- or last slide here shows -- it's the last page of
DAS's regulations. I want to show you Point F that we have
highlighted here. DAS -- or, I mean, animal services, humane
societies, and nonprofits are explicitly exempt from all these
regulations. Why is this? It makes no sense that the people that push
for these regulations the most are the ones who do not want to be held
to their own standards.
On the next slide here we highlighted -- the Humane Society of
Naples sent out a newsletter on October 1st. In this newsletter, they
said currently there is no company offering cats and dogs for sale in
retail space. It's obvious they had no idea we were even here. How
can we be causing a problem or filling their shelters if they have no
idea we're even here?
We agree that our local Humane Society tries to do well for cats
and dogs. This slide here is to simply point out that they aren't the
saints that some of us may think they are. The latest report we could
find was from 2016. They spent $2.4 million in salaries alone, and
the executive director made a salary of $140,000 in 2016.
We have no problem with people making money. It's how it
makes our world go round. But we will be darned if they are going to
tell us that we can't make money doing the exact same thing they are.
All of this money goes to the Humane Society. They took in $2
million in grants, and they lost $152,000 in their fundraising efforts.
How do you lose $152,000 when what you're supposed to be doing is
raising money for the pets?
When private enterprises lose money, they go out of business,
but when it's your money, your donations, they're still able to operate.
The craziest thing about the Humane Society is that they
unknowingly send tons of customers to us. Their adoption criteria is
so strict that people will come to us for a puppy after being denied by
the Humane Society. Some of the reasons reported to us from
October 8, 2019
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customers was due to their age or not having a fenced-in yard.
And I also want to note, as Hurricane Irma was approaching, we
stopped our lives, and we made sure that we evacuated our puppies
before the storm came. With a forecasted storm surge of 12 feet, all
the puppies of the Humane Society could have died because they did
not evacuate their puppies.
Since we evacuated our puppies, we were able to donate all of
our food, our time, supplies, travel kennels so that DAS could move
their dogs to an air-conditioned facility because they lost power.
How can we be so bad when at times we do more than the
Humane Society does for their own dogs?
As you see here, this is just a few of the good reviews that we
have online. And the Humane Society has good reviews, too. But
we have an A rating with the Better Business Bureau. We have four
out of five stars on every other platform. Can you find bad reviews?
Of course, you can. We're not all perfect, and we try to do our best.
There's not one single business that doesn't have a bad review out
there.
I've been in this business for a long time. Activists come at me
hard sometimes. We aren't perfect. Sometimes live animals do get
sick. And as a gentleman said earlier, you know, if your kids get
sick, it doesn't mean you're a bad parent. That would be absurd to
even say.
This petition that we circulated, like I said, for only
two-and-a-half days got over 500 signatures. One of the comments
that one of our customers made I'll read to you. Florida Puppies
Online brought us our newest family member when local rescues
would not give us the time of day because we are working
individuals. We applied to multiple rescues to be rejected because
we worked. Florida Puppies allowed us to bring a new happy and
healthy puppy into our home and a first sibling to our other rescue.
October 8, 2019
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This next slide shows a photo that was used to push this agenda.
We did some fact-checking, and we found out that this picture came
from a raid on an unlicensed breeder in North Carolina. We would
never buy from a place like this, and because of current regulations
that are already in place, we're not even allowed to.
Another photo that they used to push this agenda was from a
rescue. They pulled a photo from a rescue. They can't even tell the
difference sometimes between a rescue and a puppy mill. This is the
exact reason why a rescue should be regulated as well as pet stores.
This next slide shows how we could flip this agenda and show
that shelters and rescues are terrible. It's not true. They're not all
terrible. We know that from our local Humane Society. But if we
wanted to show some bad pictures from some rescues, we definitely
could.
We don't think all breeders should be lumped into that same
picture as well, that they're all bad, or all pet stores are all bad. We're
not.
CHAIRMAN McDANIEL: One second, Nathan.
MR. BAZLER: Sure.
CHAIRMAN McDANIEL: I'm going to ask whoever is not in
control of their cellular device to get it under control, or you'll not be
here. There's a lot of noise coming from this area over here, and
that's a big distraction. Shut off your phone, please.
Continue, Nathan.
MR. BAZLER: Thank you.
CHAIRMAN McDANIEL: Unless that was your computer.
COMMISSIONER TAYLOR: It was not.
CHAIRMAN McDANIEL: Okay. Just making sure. I'd get in
trouble if I removed her.
MR. BAZLER: While we don't support a ban on free enterprise,
at the very least Florida Puppies Online is asking to be grandfathered
October 8, 2019
Page 76
in as we have not been a problem in the years that we've been here.
What we have here is a ban proposed by about 100 activists and
Humane Society. If you indeed choose to pass this ban, what is to
stop PETA from coming in here next week and deciding they want to
bring a bunch of activists and bring -- in front of your board that we
want to ban meat in Collier County?
Do not give these activists power. If you do, where will it end?
Thank you.
MR. MILLER: Your next speaker is Heather Barrington (sic).
She'll be followed by Teddy Collins.
CHAIRMAN McDANIEL: And do not be nervous.
MS. CARRINGTON: I am. Good morning. I'm Heather
Carrington.
I guess I am an activist. I have strong feelings about breeders. I
believe that we're animal caretakers. I don't think that we're animal
owners. I definitely don't think we should sell animals.
And I am nervous, but I wanted to mention two things that
happened to me in Collier County. An elderly widow that lived next
door to me, he lost his dog. It was a pedigree dog, and he went to a
breeder in Golden Gate and got a dog.
I found out afterwards that the breeder was licensed and had all
the regulations and was following all the procedures. He asked me if
I would drive him to return the animal. The animal had some type of
neurological -- it wasn't -- it wasn't right. So he had it about a week.
I took him in the car to return it.
I cannot get what I saw out of my mind. I reported it, but then I
found out they were licensed, and they were approved. But I saw
little puppies in very small cages with feces and urine, and they were
all over. The cages were piled on top of each other all over.
And then just the thought that you do here that the mama dogs
never get out and they're constantly impregnated, impregnated,
October 8, 2019
Page 77
impregnated. It seems very evil to me.
One of my neighbors, younger one with children, they went, and
I'm sorry, they purchased an animal at Petland in Fort Myers. I know
you said you don't own that one. They asked me to do a terrible
thing. I didn't do it. They wanted to return an animal that they
bought from there because it also had, like, neurological problems. I
saw it. It was running around, and it would bump into things, and it
didn't -- it just wasn't right.
They wanted me to tell their children the dog died, which I
didn't. But they returned the dog back.
We have a neighbor across the street that has -- he has financial
means, and he recently replaced his dog that died from a breeder.
They went, did trips. The breeder looked great. Everything looked
good. And he spent a lot of money. He lives in Naples seasonal. It
was delivered here.
The dog was a mat of feces. It was just cowering -- he's still not
right. He kept the dog. The dog's now three months old.
But I guess one of my questions is, everybody talks about
regulations, but I don't hear about how they transport the animals
because -- okay. If they get them there and they're -- oh, and then the
other thing is, if the new owner is better, what about the old owner?
Weren't they regulated also? So how does that --
CHAIRMAN McDANIEL: Thank you. Ms. Heather, thank
you.
MS. CARRINGTON: Thank you.
MR. MILLER: Your next speaker is Teddy Collins. He'll be
followed by Michele Lazaro.
MR. COLLINS: Hi. My name is Teddy Collins. I manage
Florida Puppies Online with my wife, Kim.
CHAIRMAN McDANIEL: One second, Teddy. Didn't you
raise your hand for Nathan and cede your time to him?
October 8, 2019
Page 78
MR. MILLER: I withdrew the minutes from him, sir.
MR. COLLINS: I asked him --
MR. MILLER: He asked me to withdraw the minutes from
Nathan's time, and I did.
CHAIRMAN McDANIEL: Okay. Just wanting to make sure
we're to Hoyle.
MR. COLLINS: Absolutely.
First, I just want to hit quickly on the Campylobacter. This is
from, actually, the World Health Organization web page.
Campylobacter is one of four key global causes of diarrheal diseases.
It is considered to be the most common bacterial cause of human
gastrointestinal incidence in the world. The main root of
transmission is generally believed to be foodborne via undercooked
meat and meat products, as well as raw or contaminated milk.
Contaminated water or ice is also a source of infection. A
proportion of cases occurred following contact with contaminate d
water during reactional activities.
Campylobacter is a zoonosis, a disease transmitted to humans
from animals or animal products, most often carcasses or meat
contaminated by Campylobacter. Campylobacter feces during
slaughter and animals. Campylobacte r seldom causes disease.
I really just -- I read that little excerpt right there because if we
were actually going to follow the argument down its logical path,
Campylobacter is usually transmitted through food, not through dogs.
And I guess, logically, we should start worrying about all places that
sell meat, because that would be where it would most commonly
occur.
And the other thing is what excludes rescues from transmitting
this disease as well? Should all these outlets be considered today in
your ban from plaguing us from this disease? I think not.
I have never even heard of the disease prior to the last meeting.
October 8, 2019
Page 79
We at Florida Puppies are not a problem with it. Again, we've never
heard of it or know anybody from any of our customers that have
ever had it, and we don't want to be lumped into this.
I think it is kind of a scare tactic targeting some, maybe you up
there, pulled into these arguments outside of the puppy situation.
Next point of my argument is that if we want to question the
sources of the industry's good and assume the worst, then what stops
the next mob of accusing every clothes manufacturer of sourcing
their products from a sweat shop? Why not lump all grocery stories
in the same box and close them down because they might be accused
of sourcing their meat inhumanely?
Are we to shut down whatever legal operating business that we
want to group in that activist opposes? Since we were not brought up
before the commissioners at the previous meeting shows that we must
not be a problem in the community.
I also urge you to hold all rescues to the same standards that we
hold, and I believe America's based on equal applications of the law
and freedom to express themselves in their work. I think targeting
the only current operating business in a town would be -- that we
would be affected by this law is highly biased.
I hope you stand by free-market principles. Thanks.
CHAIRMAN McDANIEL: Thank you, sir.
MR. MILLER: Your next speaker is Michele Lazaro. She's
been ceded additional time from 12 individuals.
MS. LAZARO: I don't need that much.
MR. MILLER: Charles Carrington?
(Raises hand.)
MR. MILLER: Susan Gregory?
(Raises hand.)
MR. MILLER: Nancy Woodbury?
(Raises hand.)
October 8, 2019
Page 80
MR. MILLER: Chuck Danielian?
(Raises hand.)
MR. MILLER: Joyce Etchison?
(Raises hand.)
MR. MILLER: Jan Rich?
(Raises hand.)
MR. MILLER: Did I miss a hand?
CHAIRMAN McDANIEL: I got it.
MR. MILLER: Oh. Marty Moore?
MS. LAZARO: That's all right.
CHAIRMAN McDANIEL: There she is.
(Raises hand.)
MR. MILLER: Deena Munn?
(Raises hand.)
MR. MILLER: And Charles McDonald?
(Raises hand.)
MR. MILLER: Stacy Rodman?
CHAIRMAN McDANIEL: I don't see Stacy.
MR. MILLER: Yeah. I think she left. Suzanne Sinabaldi?
(Raises hand.)
MR. MILLER: Dale Encinosa?
(Raises hand.)
MR. MILLER: So that will be a total of 36 minutes for
Ms. Lazaro. She will be followed by Heidi Liebwein. I think I'm
saying that right. You want to start with your video?
MS. LAZARO: So everybody can breathe. I'm not taking 36
minutes.
Thank you very much, Commissioners, for hearing this item. I
am Michele Lazaro. I am a city commissioner here in Hallandale
Beach, Florida. I am not here today in my official capacity. I am
here today as the president of the Animal Defense Coalition, which is
October 8, 2019
Page 81
a 501(c)(4). We lobby on behalf of animal welfare at the state
legislature. And I am also the president of Alliance for Animal
Welfare, which is a 501(c)(3).
I am your subject-matter expert in Florida. That is exactly what
I am. And the reason that I say that is because I have spent the last
eight years of my life doing this work.
I was here before Mr. Marquez was here, and I intend to be here
after Mr. Marquez is here. And the only reason I say that is this is
not specific to Petland. This is not specific to any one store.
I have been doing this work a long time, because I have seen the
consumer fraud that goes on, the betrayal that goes on, and the
heartbreak that goes on.
So I'm going to jump right in. I just wanted to preface by saying
that.
I'm going to start a video that came from the Brevard County
meeting when a woman named Christine Wilson, who is a nurse, got
up and spoke at the Brevard meeting.
(A video was played as follows:)
MS. WILSON: I live in Vero Beach, Florida, at 1742 Point
West Way.
My story is a little bit unique because I am living proof of what
a nightmare it has been because I contracted Campylobacter jejuni
after taking care of the puppy you just saw in the film.
My mother is 77 years old, I'm 52, and I have a son who is 11.
The only good thing that has come out of this nightmare is that they
did not become ill like I did.
My mother purchased this puppy on August 20th. The puppy
soiled in the car, soiled everything in our home for two weeks. She
took the puppy back. She was told by Dr. Debbie Butler that the dog
has parasites and worms. The puppy was treated with two different
antibiotics. Nothing worked.
October 8, 2019
Page 82
I presented the first time to Indian River Medical Center in Vero
Beach, Florida, on August 28th with severe diarrhea and pain. I was
not able to provide a stool sample at that time.
I went back to the hospital within 24 hours. I was tested, and
my stool was positive for Campylobacter jejuni. I had no idea what
this was. I had no idea what lied ahead of me.
On 9/7 I received a call from Chantelle at the Indian River
County Health Department who notified me of how communicable
this disease is, how highly contagious it is, and how she thinks I
contracted it.
After reviewing all of the information that was available, the
epidemiologist at the Health Department concluded that I had
become infected from taking care of the dog and cleaning up the
stool. Due to inadequate hand-washing, I contracted the
Campylobacter.
In all, I have been in the hospital six times. This has deeply
impacted my life. I'm a mom, I am a daughter, I am a nurse, I am
many things, but now everywhere I go, my life is defined as where is
the closest bathroom?
I am now on a lot of medications which manage abdominal pain,
nausea, diarrhea, abdominal cramping. I have over $10,000 of
unpaid medical bills that Greg Dougherty is responsible for.
That dog that my mother bought should have been quarantined
until he was diarrhea free. They knowingly sold my mother a sick
puppy, and I am living proof of the negative consequences that have
come from that.
I thank you for your time.
(Video ended.)
MS. LAZARO: Thank you. Unfortunately, Christine couldn't
be here today.
This is not about a store being clean. We have said this before
October 8, 2019
Page 83
Campylobacter. This has nothing to do with the conditions in the
store. This has everything to do with the sourcing of the animal. It
has to do with the fact that we have not seen a pet store in 70 pet
stores in the state of Florida that does not source the majority of their
dogs from the five largest puppy mill states in the country: Kansas,
Iowa, Arkansas, Missouri, and whichever -- doesn't matter -- Indiana,
which you're going to see today.
So it's not about the condition of the store. You cannot
vaccinate for Campylobacter. You can't. There is no way to
vaccinate it, and there is no way to stop it.
You could spend all the taxpayer dollars that you would like
trying to get enough resources to regulate these sales. I'm going to
bet if you called your animal services director up here and you asked
her if you could have an unlimited budget, take as much money as
you want, are you going to be able to regulate this, and she's going to
tell you no. I can almost bet. I wouldn't put Darcy on the spot.
But the reason that I say that is if you look at the numbers that
Petland has shipped in for the last -- July and August, the total
between the five stores that are in South Florida for July and August,
August shipped -- July shipped in 296 dogs. In August they shipped
in 370 dogs. Who is regulating this? Who is standing at the door and
checking every single document that comes through? You can't do it.
It's absolutely impossible. So if you think you're going to get even
less dogs in Collier, you're not.
Let me start now with the pet stores and Center for Disease
Control, because they like to say it wasn't in a lot of cases. It's not
coming back. It comes from food. So let's look at -- and, remember,
I'm going to show you documents. This is not pretty pictures. This is
not emotion. This is not, you know, employees. This is state
documents. This is Florida Department of Agriculture documents.
This is CDC documents. I didn't write these. These came from the
October 8, 2019
Page 84
organization -- the agencies.
So in August 2017, the Florida Department of Health notified
CDC of six Campylobacter infections linked to Company A, a
national pet store chain based in Ohio. We're going to assume that
Company A would be Petland Corporate, as they are the only one I
know there that has chain based in Ohio.
CDC examined and identified six isolates from Company A in
Florida that were highly related to an isolate company from Company
A customer.
We have read that it was tracked back originally to the Orlando
stores is where it started, Orange County.
By February 28th, a total of 118 persons meeting the definition,
including 29 pet store employees, which you're to hear from today.
You're going to hear a testimony that one of the employees did, in
fact, get Campylobacter from a Florida Petland store and was in the
hospital. So that's not factually accurate -- were reported in 18 states.
Here's the case-count map. If you'll notice that Florida has the
second highest number of cases out of 113. Behind home state of
Ohio, we also have the second highest number of Petland stores in
the United States. So the numbers correlate, right. Largest number
of Petland, 32; second largest number, 21.
If you look, all the other cities -- states, two, three, eight. So to
minimize what's going on in Florida, not factually accurate. Florida
Department of Health from Indian River County. This is Christine's
letter that said -- to the pet store. This actually came to the pet store
saying we have diagnosed a dog from your store.
This is going to be what I'm going to talk about now, which is
the final report from the CDC. This is dated September 2018.
Epidemiologic, laboratory, and trace-back evidence indicates that
puppies sold through the commercial dog industry, an uncommon
source. We agree. It is not a common source, which is all the more
October 8, 2019
Page 85
concerning, of Campylobacter outbreaks were the source of a
multistate outbreak of multidrug resistant. It did not respond to the
first line of antibiotics. It's multidrug resistant, Campylobacter
infections.
However, potential for Campylobacter transmission among
puppies exists because puppies from different breeders were
commingled at distributors during transport and in stores.
It doesn't have anything to do with when the dogs get here. It
has to do with the fact that they are being commingled during
transport and the distributors and in the stores.
The evidence combined with the prolonged nature of the
outbreak and the potential for puppy commingling indicates a
potential for continued transmission of multidrug resistant
Campylobacter industry-wide, including breeders, distributors,
transporters, stores and, ultimately, in customers' homes.
Although the investigation is completed, the risk for multidrug
Campylobacter transmission in employees continues. It's not over.
There's no stamp that says you don't have to worry anymore. It says,
the possibility to continue.
Pet industries and action to -- contributed to ongoing threat. Of
significant concern, Petland also did not appear to fully cooperate
with the CDC during the investigation. Emails obtained via public
records request, Petland did not allow the CDC to share trace-back
information with the state health department partners and that Petland
failed to provide requested information to the CDC that would have
assisted.
I mean, it's unfathomable that you could have something like
this, and the company would stand in the way of making sure that
people were protected. This is a health, safety, and welfare matter for
Collier County.
And here's where it gets interesting. So the CDC internal email
October 8, 2019
Page 86
says, during the course of the investigation, excuse me, information
was collected for 22 positive puppies. They were traced back
through eight distributors to 30 breeders across t he eight states. Nine
breeders are located in Indiana as well as one distributor.
The names and addresses of the dog-breeding facilities are in the
attached document. So there's 13, right? That's what the CDC is
saying. In that 13 list, nine breeders are located in Indiana as well as
one distributor. The names and addresses of the dog-breeding
facilities are attached. Let me know if I lose you, because it took me
years to understand this industry. It's complicated. Dogs are
changing hands multiple times.
COMMISSIONER TAYLOR: This is -- this is these -- this is
from a CDC report?
MS. LAZARO: Correct.
COMMISSIONER TAYLOR: Okay.
MS. LAZARO: No, you can stop me if you're -- okay.
This is a CDC report, and it's saying that there are 13 breeders
and distributors or transporters that actually were the source -- this is
where they traced it back, to the source of the Campylobacter across
the United States.
According to the CDC internal email, Levi Graber of Blue
Ribbon Puppies was one of the distributors where Campylobacter
could be -- Levi Graber. See Blue Ribbon Puppies up there at the
top? That is currently the primary distributor for Petland Florida.
Right now. Today. Today. Right now.
CHAIRMAN McDANIEL: There is no response from the
audience with regard to the speakers. This lady has the right to speak
as all of you do, factual or not. Whether you agree or not, you will
withhold your comments with regard to what she's saying.
Understood? This is a highly emotional, very political subject matter,
and I will demand respect from everyone here.
October 8, 2019
Page 87
MS. LAZARO: Thank you, Chairman.
So let's just back up for one second to understand this industry.
Pet stores only get their dogs two ways. One is from a breeder and
the other is through a broker, which is a middleman, right? But good
breeders don't sell to stores. You're going to hear it a million times
today. They don't sell to stores. It doesn't matter who they are. They
just don't. They certainly don't hand them off to a transporter or
distributor or broker to sell to a store, to not know where they're
going. That definitely doesn't happen.
So let me pull up the next -- now, let's keep our eyes on Levi
Graber, please. Can we pull up the next PowerPoint, Mr. Miller?
MR. MILLER: Yes, ma'am. Give me just a second.
MS. LAZARO: Thank you, sir.
Okay. Where do Florida puppies come from? Let's go to the
next one. Okay. This is where it gets difficult.
So Indiana certificate of veterinary inspections. So let me
explain how this works. When I buy a dog out of state, the
veterinarian on that side, wherever the dog is coming from has to
have a certificate of veterinarian inspection. And what it says is --
see all these shots down here on the right-hand side? He's confirming
that all those shots were done. And this is state statute. This is
Florida Statute 828.29. Florida pet law says that you have to have
those shots. I'm going to assume that they do.
Petland Kendall who's his -- who's his broker? Who's his
distributor? Oh, Levi Graber. August 16th, 2019. That's the date.
Twenty-two dogs came. And this is in one week; 22 dogs in this
shipment. They don't load their puppies on vans and ship them
across the country. They don't. Good breeders don't do that. They
certainly don't send 22 different breeds.
So that's Petland Kendall, right? These are the breeds in this
order. I don't even know what they are. Poo something, Labrador.
October 8, 2019
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There's all different kinds. Cane Corso, German Shepherd. I might
have the wrong PowerPoint. I'm not sure. I don't know, it might be.
That's okay. But I do need the other one because it has the most
important stuff.
So the Pembroke Pines. Maybe not, I don't know. Okay,
Pembroke Pines same thing, sorry. Blue Ribbon, 8/16, 25 puppies,
one week. Petland Largo, same thing; Levi. There's nobody else,
right? No other broker, no other transporter, no other distributor.
Hey, Levi might be a breeder, I don't know, but the state says
that he can put his name on this document, and no other breeder has
to say where these dogs came from. Now, if you look at any other
certificates in Florida, the majority of the stores, where it says
consignor, will have the actual name of the commercial breeder, not
the broker. It will be the breeder's name so at least I can track where
the dogs are actually coming from, right? There's a breeder name. I
can't track them now. Right now I've got Levi Graber. I don't know
where they're from. I would ask Petland, where are they from? I
don't know. I don't know till somebody buys a dog and they show me
their actual paperwork.
And at that point, when I see their paperwork, it's too late. If
they've come to me, there's a problem.
Again, 17 puppies, Petland Plantation.
Okay. This is definitely not the right PowerPoint. I'm sorry. I
have to get the other one. I can't do this. Okay.
I'm going to have to come back. I'm sorry. I'll do this, but I am
going to have to step back. Did you get -- you didn't get the other
one?
MR. MILLER: That is the most recent one you sent me, yes.
MS. LAZARO: Okay. Let me just make sure. No. It's not the
right one. But I am going to have to step back, because I have the
most important stuff on the other one.
October 8, 2019
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COMMISSIONER SAUNDERS: How much time is left?
Maybe --
MR. MILLER: Nineteen minutes, sir; 18 minutes, 30 seconds.
MS. LAZARO: Okay. I'm going to -- I just want to finish these
two slides, and then I'll step out and then, if you don't mind, come
back so I can show the rest.
So I don't know if you're aware, because nobody's said it, how
much Petland puppies are. This is not the cute little puppy in the
window for a couple of hundred. This young woman,
unfortunately -- and we can't legislate people from themselves,
unfortunately. I wish we could. I wish we could, right? I wish we
could set policy that protected people, but we just can't.
Unfortunately, this young woman walked into a store and didn't
even want a dog and left with two.
CHAIRMAN McDANIEL: Wow.
MS. LAZARO: Left with two, right? Left with two with a
$12,400 credit card bill at the rate of 29 percent interest.
COMMISSIONER TAYLOR: Wow. Profit.
MS. LAZARO: Wait, but she got a discount. She got a
discount, because originally the French Bulldog was over 10,000, and
the Teddy Bear -- again, don't know that breed -- 7,000, right? So
she got a discount down to 11,000. I mean, there's other charges
here. I'm not sure what they are. I guess if you ask Naples Humane
Society what they charge for a microchip, I'm assuming it's part of
their $200 adoption fee or $250.
Here you're paying $80. And I'm not sure what a processing fee
is. I guess you'd have to ask Mr. Marquez that or Petland that, what
they actually charge for that. But that -- that's the cost that we're
talking about.
And so according to Ashley -- she's not here, so she can't speak,
and I'm not going to say. According to Ashley, she didn't want a dog,
October 8, 2019
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but when she went in and said, I can't afford it, she was told, but you
can leave with one today, we have on-site financing. And if you
don't have enough on your credit, we take out a loan. We can put --
we can put the rest of it on Monterey Financial or some other credit
card LendingUSA. Approval -- this is off their website, actually.
You can just go online and get approval for a dog for thousands of
dollars if you want.
So this is not a car. This is not $12,000 in financing a car. Pet
Lemon Law only covers three things. Statute 828.29, same thing.
Lemon Law covers three things in Florida: Cars, appliances, and
dogs.
And if I didn't know better, if I was looking at this model, I
would say, this looks like a car -- used car lot. I mean, it's how I look
at this.
So now she got dogs for $12,000. I can't go into the illnesses for
different reasons. But I am going to step out. I'm going to let
whoever goes next, and then I'll just -- I only have three more slides.
And I can answer any questions. But the last three slides are very
important. I'm sorry to do that.
CHAIRMAN McDANIEL: Thank you, Michelle.
MR. MILLER: Sixteen-and-a-half minutes left, sir, on that.
Your next speaker is Heidi Liebwein. She will be followed by
Kelly Hyland.
MS. LIEBWEIN: I'm Heidi Liebwein, and I'm a Naples
resident. And I am asking you to say no on the retail sales of pets
because I see more disadvantages than advantages to our community.
Pet stores get their animals from puppy mills. Puppy mills exist
because people prefer purebred dogs over mutts, but there is a
solution. You can go to a pure-breed rescue.
It's a disservice to the animals because of the cruelty aspects
such as -- puppy mills are run entirely for profit. The owners have no
October 8, 2019
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incentive to create clean housing or to seek veterinary care or to
provide nutritious food. Many of these animals live in deplorable
conditions from birth and die young because of exhaustion, disease,
or neglect.
When dogs are killed in puppy mills, they aren't sent out of this
world by a licensed veterinarian who delivers a shot to the -- to calm
the animal and then another to stop his heart. Instead, they will die
the cheapest way possible, bashed in the scull, shot, or drowned.
It's a disservice to the community because the problems found in
puppy mills carry the same conditions and diseases into the pet stores
and into people's homes. This is easy to understand because of the
deplorable conditions they come from.
It's a disservice to the consumer because their money is not
going to some of the consumers' intention, meaning that puppy mills
may be posing as legitimate rescue organizations, and breeders are
capitalizing on the growing interest in animal rescue and adoption by
using phrases like "for adoption" to hide the true nature of the
operation. Buyer beware.
I looked online at the Florida Puppies' website. You know,
when you do a Google, it says it's a humane shelter, and you can also
see this on their Yelp reviews.
It's also a disservice to our public shelters, as this could become
a burden for DAS, a burden that is not necessary for the workers. Pet
store puppies come with behavior issues because they are taken from
their mothers before the natural weaning process, resulting in
desperation, depression, and poor socialization, and then where do
they end up?
It's a disservice to the Florida lawmakers. Pet store sales is a
dying breed. Let us not try to save it. A Florida lawmaker is
working to put an end to puppy mills after dozens of puppies heading
to a local pet store were found in filthy conditions, and the Florida
October 8, 2019
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Constitution Revision Commission's local government committee
unanimously rejected Proposition 95 which is a proposal that would
have gutted Florida cities and towns of their home-rule authority to
ban the sale of cruelly bred puppies in retail pet stores.
Naples already has one Internet puppy mill. Let us not add
another one -- another source of puppy mills. Let us practice a slogan
of "adopt, don't shop."
Also, you can also bring a rescue puppy to visit the elderly.
They were saying that they're doing that. You can buy a retail puppy.
You can also buy a -- get a rescue puppy and bring it to the elderly to
pet into the nursing homes as well as a retail sale puppy.
CHAIRMAN McDANIEL: Thank you.
MS. LIEBWEIN: I thank you for your time.
MR. MILLER: Your next speaker is --
MS. LIEBWEIN: I also have a petition of over 500 signatures.
MR. MILLER: Your next speaker is Kelly Hyland. She's been
ceded three additional minutes from Rose Cavallone.
(Raises hand.)
MR. MILLER: Yes, I see her hand. She will be followed by
Belen Brisco. Ms. Hyland will have a total of six minutes.
CHAIRMAN McDANIEL: And after her we're going to take
lunch.
MS. HYLAND: My name is Kelly Hyland, and I am a resident
here of Collier County. I speak on behalf of many residents,
taxpayers, and voters here in Collier County.
Let me start off by saying our community welcomes any pet
store here in Collier, but we do not support or welcome a store that
engages in the retail sale of puppies and kittens. We also do not
support online sales in any pet store.
PetCo's revenue, 3.82 billion, and PetSmart, 5.32 billion. They
do not sell puppies or kittens to be successful.
October 8, 2019
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At this point, with all the information and facts that you have
been presented, I ask you, why would you not support a ban that
would -- a ban that would -- I'm sorry -- that would ban the retail sale
of puppies and kittens?
With research, facts and documents from the CDC show the
very concerning health risks for our community. Commissioners,
you are now well aware of the risks such as Campylobacter. The
CDC tells us Campylobacter is antibiotic resistant and contagious to
people. Knowing this, why would you not want to protect us as a
community? Why would you not want to protect our people, our
children, the elderly, and our pets from this potential risk?
We need to take steps forward to support the efforts of DAS,
Humane Society of Naples, Snip Collier, and all of our local rescue
groups and volunteers that work tirelessly on a daily basis to help
find homes for the countless number of animals -- countless -- of
homeless dogs and animals in our community. Why would you not
support their efforts?
Research shows pet store puppies are not sold spayed or
neutered. Why would you want to add to our already -existing pet
overpopulation problem in our community?
Research also shows reputable breeders -- reputable responsible
breeders would never sell to pet stores. Research also shows
large-scale mass breeding facilities, also known as puppy mills, seem
to be a source -- a pet store's main source of supply.
So picture this scenario: Hundreds of puppies loaded into vans
leaving the mass breeding facility where they have been living and
then transported to Florida and then down here to Collier County
from states such as Ohio, Indiana, or Arkansas, just to name a few .
The condition the puppies are in when they leave these places that
they came from is how they arrive and enter the pet store.
This process cannot be regulated or inspected from afar. DAS
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already has their hands full trying to regulate our existing pr oblems in
our community. So why would you want to add more to the mix?
Why waste taxpayer dollars on something we do not need and
something we do not want?
Commissioners, please think about this: How would not having
an ordinance benefit us as a community? How do you plan to keep
us safe without an ordinance? Knowing ahead of time that there is a
risk, what would your plan of action be if a child gets sick from a
puppy? From a sick puppy? How do you think a child will feel if
you had to tell them their new puppy died because it was sick?
Beyond heartbreaking, I'm sure, for the child and the parents having
to tell them this, and this has happened. Don't think it has not.
We need to be proactive instead of reactive. We need to lead by
example to keep our community safe to support all animal -welfare
efforts in our community.
In closing, as residents, taxpayers, and voters of this community,
we ask that you do not take the risk. We ask that you do not take the
risk. There is absolutely no reason to. Please do not put industry
over the health and safety of our community.
You are now well equipped with facts, documents, knowledge
and, most importantly, you have the ability. You have it. You have
the ability to protect us and to keep us safe, and we ask that you
please do.
Thank you.
CHAIRMAN McDANIEL: Thank you. We will be back at
1:02.
(A luncheon recess was had from 12:02 p.m. to 1:02 p.m.)
MR. OCHS: You have a live mic.
CHAIRMAN McDANIEL: There you go. He has to announce
that I have a live mic just so I know. And I believe we were in the
middle of something before we left for lunch.
October 8, 2019
Page 95
MR. MILLER: Yes, we were. And, in fact, Mr. Chairman, I'd
like to start with Ms. Lazaro. I found her additional slides, and she
had, I do believe it was 16 minutes remaining, and I've set the clock
accordingly.
MS. LAZARO: Thank you.
CHAIRMAN McDANIEL: Sixteen-and-a-half minutes, I think
you said.
MR. MILLER: You are correct, sir. I will add that.
MS. LAZARO: Sorry to do it like that. I like consiste ncy, but I
was working on that PowerPoint till 1:00 in the morning, so...
All right. So going back. Let me just -- okay. So this is Bear,
and Bear was bought at the Plantation Petland. I'll give you the date
in a minute because it's on the next page. But she was bought by a
young college student named Gabriella Fernandez -- he. He's a
Golden Doodle according to the document.
And Bear died 13 days after he was purchased. This young lady
bought this dog for $5,159 at a rate of 27 percent. Finance charge
would be $4,000. She's a college student, so she's not shrewed. And
after all payments would be made, she would pay $8,800.
Now, remember, these are -- a lot of times impulse purchases. I
just want to go in and look at a puppy. I just want to go in and play
with a puppy. I don't really want to buy one. But what happens is
you fall in love with a puppy very quickly, right? And sometimes the
puppies don't look well, so you think, well, I want to rescue it. I want
to get it out of here. I want to take it home.
So that's what people do, and they take this on-site financing
because they say -- so I'm told -- you can take this puppy home today,
right now. Well, who's not going to want to do that? So this poor
girl did that, and that's where we're at.
Now, the dog died, and the veterinarian, their veterinarian, as far
as I understand -- this is -- remember, the business self-refers their
October 8, 2019
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own vet, right? So they make a recommendation. Lemon Law says,
by the way, you can go to any vet you want for the 48 hours that you
buy that dog. That is not what a lot of people end up leaving
believing because of certain ways that documents are written. So
they often go to their vet.
So the puppy identified was diagnosed and received treatment
for anorexia, lethargy on 7/23, and despite hospitalization, the puppy
failed to thrive and passed away on 7/24. Please contact our office.
Now, there's a third-party insurance company. So I buy a dog.
They're very helpful in the store. Everybody wants to help you.
Everybody wants to sell you. Everybody wants to do anything for
you. As soon as the dog gets sick, you've got to go to Pet Solutions.
That's not our job anymore. Now we're going to hand you off to
another carrier to take care of those bills for u s.
Pet Solutions, upon hearing about the death of her dog, wrote
back, good morning, the reason for the denial is because Solutions
was advised that your puppy ate poison. We were also advised that
the puppy was not seen for this matter until about a we ek later and,
unfortunately, the puppy passed.
With a situation like this, the puppy should have been seen right
away to receive care. You're more than welcome to reach out via
phone if you have any additional questions. Thank you.
$5,000 dog dead 13 days later. She's told that the reason her
puppy died is something she did that was negligible. And you didn't
take the dog to the vet right away, and it was about a week later and,
unfortunately, it passed. And with a situation "like this," because this
is a regular -- you know, it's just like this -- we can't help it -- should
have been seen right away. You did wrong. This puppy should have
been seen.
So this is not our fault. I'm sorry. You're on the hook for the
5,000. You have no dog. You have vet bills. You have no dog, and
October 8, 2019
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you have a $5,000 contract that you have to pay.
So this is Gabrielle (sic) with her dead puppy begging the vet to
give her some help so that she can possibly get her money back. And
she said, when do I get the letter? But this is the thing: They're
claiming it's insufficient evidence, and I would need an official letter
elaborating this cause of death, which she got from their vet, and they
still said no.
So the vet didn't say that the dog ate poison. The vet said the
dog had lethargy and anorexia.
COMMISSIONER SOLIS: Can I ask you a question?
MS. LAZARO: Sure.
COMMISSIONER SOLIS: They, they, they. This was a letter
of denial from an insurance company?
MS. LAZARO: From their insurance company.
COMMISSIONER SOLIS: Petland's insurance company?
MS. LAZARO: Correct.
COMMISSIONER SOLIS: But it's insurance company?
MS. LAZARO: Right.
COMMISSIONER SOLIS: So she's being denied coverage by
the insurance -- I just want to make sure I understand --
MS. LAZARO: Right.
COMMISSIONER SOLIS: -- the narrative here because -- so
the animal died, there was a claim filed, the insurance company
denied the coverage, and now she's going back and forth with the
insurance company?
MS. LAZARO: She's going back and forth with the vet trying
to get her to help her get her money back from the insurance
company.
COMMISSIONER SOLIS: Okay. But it's the insurance
company that we're --
MS. LAZARO: That works for Petland. It's their insurance
October 8, 2019
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company.
COMMISSIONER SOLIS: Okay.
MR. MARQUEZ: That's a lie.
CHAIRMAN McDANIEL: No.
COMMISSIONER SOLIS: Okay.
MS. LAZARO: It's a third-party insurance company. It's not
part of their -- if I bought something that was defective, I should be
able to go back to the store where I bought it and get my money back.
That's what I would hope. No, go ahead. I'm sorry, Commissioner.
COMMISSIONER SOLIS: Well, I'm just trying to -- because if
it's an insurance company that's denied coverage, then there's an issue
with the insurance company.
MS. LAZARO: Right. But it's not her insurance company.
COMMISSIONER SOLIS: No, it isn't her insurance company
because she bought insurance, right?
MS. LAZARO: No. She didn't buy the insurance. It comes
with this purchase of your dog, and they're in --
COMMISSIONER SOLIS: It comes with the purchase?
MS. LAZARO: They're in with Petland. They are denied
multiple times. Most people are denied. It's part of the business
model. It's part of the model. That's my point. I didn't say it. I'm
being scrutinized for everything I'm saying. You saw a nine -page
public records request. There's a reason I'm getting that. I'm sure
there's going to be people coming up and trying to discredit me. I
have to be careful. I have to be measured with my words.
The bottom line is the insurance company is contracted by
Petland, and more often than not, as of last week, a man who bought
a dog that died, once he heard that he was coming to speak at Collier,
all of sudden he got his money back. I can't make proof of that. I
can't prove it. But the only reason I know about these people is
because they come to me and say, please help me; I can't get my
October 8, 2019
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money back. So that's why I have this information.
Time and time again -- I understand it sounds like it's an
insurance company. It's not. They're working with Petland, for
Petland, however you want to say it.
So I'm just going to go back to, again, the original claim that
they don't buy from large-scale commercial breeders. Levi Graber is
running around buying these dogs somewhere. I don't know where.
And I'm going to assume that Levi Graber is shipping 200 dogs that
are not coming from mom-and-pop breeders. They're just not. It's
disingenuous for anyone to stand up here and say they know every
single breeder and where they're getting their dogs from. Good
breeders don't sell to stores. They just don't.
So I have more time, and if you have any questions, I'm more
than happy to speak. If not, thank you very much for your attention.
CHAIRMAN McDANIEL: Thank you, Michelle --
MR. MILLER: Your next speaker is Colleen McAlister. She'll
be followed by Tom Kepp.
MS. McALISTER: I thought Belen Brisco was supposed to be
next.
MR. MILLER: I'm sorry. You're correct. Belen Brisco will be
followed by Colleen McAlister. My apologies, Belen.
CHAIRMAN McDANIEL: And we're going to make Mr. Kepp
wait till the end.
COMMISSIONER TAYLOR: Colleen? She's a great attorney.
CHAIRMAN McDANIEL: Who is first? Come on.
MR. MILLER: Ms. Brisco.
CHAIRMAN McDANIEL: Somebody.
MS. BRISCO: I was going to say good morning, but it's now
good afternoon, Commissioners. My name is Belen Brisco, and I'm
an animal welfare consultant and a certified animal cruelty
investigator in Southwest Florida. I'm a resident of Lee County, and
October 8, 2019
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I've had the privilege of working with you, Commissioners, in 2010
when we adopted the no unattended tethering. I have had the
privilege of working across the state of Florida assisting with animal
welfare education and legislation, most specifically writin g policy
and ordinances for the protection of animals and the communities.
I am here in support of a ban on the retail sale of dogs and cats
in Collier County. Commissioners, I understand all too well that this
subject has brought about much discussion and much controversy.
So I will stay away from the controversy.
What I will refer to is our Florida Statute 823.15 regarding our
state legislators' recognition of and a plea for remedy for regarding
the uncontrolled breeding and the importation of dogs and cats in our
states.
It is no secret that our state has an overpopulation of pets due to
the uncontrolled breeding, and as of 2013, our Florida legislators
went a step further to revise the language in that statute to include the
importation of dogs and cats into Florida as part of the problem.
As stated, uncontrolled breeding and the importation of dogs and
cats pose a risk to the well-being of dogs and cats, the health in
humans and animals, and the agricultural interest of this state. The
importation always results in the transmission of diseases not only to
animals but to humans living in this state.
The cost of this uncontrolled breeding and importation of dogs
and cats to include the importation for the purposes of retail sale
comes at a cost to the taxpayers, your constituents.
Commissioners, as our policymakers, I ask that you say no to
adding to this overpopulation of pets through the uncontrolled
breeding and the transportation of these pets into our communities
and, most specifically, for the sale of same.
As an animal cruelty investigator, I have seen the unfortunate
situations that animals are found in due to the overbreeding for the
October 8, 2019
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purposes of retail sale, and it is horrific and it is cruel.
My question today is to ask why we would not be adhering and
working with our own state legislators who are asking us, you, the
policymakers to do anything and everything feasibly possible to
prohibit a furtherance of unwanted and unneeded cats and dogs in
Collier County.
Commissioners, this is a problem with a clear solution: Prohibit
the retail sale of dogs and cats in your county.
I appreciate your service to this community. As someone who
has worked with policy, I can tell you policy is my expertise, working
with the State of Florida and other states now when they call upon
me. The one thing I do know, if you don't create an enforceable
ordinance, if you don't say "we prohibit," you will not have an
enforceable ordinance. Thank you.
CHAIRMAN McDANIEL: Thank you.
MR. MILLER: Your next speaker is Colleen McAlister. She
will be followed by Tom Kepp.
MS. McALISTER: Two things that came up earlier -- and I'm
going to skip around a bit and try not to repeat things -- responsible
and reputable breeders don't sell through retail outlets for two simple
reasons. Number one, they usually don't have to and, number two,
most of the breed associations prohibit their breeders from selling
through retail outlets.
The other thing that came up earlier was a question about the
def -- I think from Commissioner Saunders about the definition of a
puppy mill. And the definition you got was an operation that puts
profits over puppies. I would suggest that nobody breeds puppies
unless it's profitable.
The question is: What goes by the wayside to make the profit ,
and how much profit is the breeder trying to make? So that's a much
more fuzzy, difficult-to-determine question than putting profit over
October 8, 2019
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puppies.
The primary outlet for profitable mill puppies is retail stores,
and the pet stores are necessary to sustain the mill industry. But this
isn't just about the mill industry. Since 2009, 59 jurisdictions in
Florida have passed ordinances similar to the one you're considering
today, with the most recent one passed just last month.
It's also about the breeding stock. There are an estimated
167,388 breeding dogs currently living in USDA licensed facilities --
commercial facilities. Breeders for the retail industry breed over
2 million puppies a year while we pay to euthanize an estimated
1.2 million dogs in our shelters.
I am the mother of three breeding female rescue dogs, and not
all at the same time. And I can tell you all of them came to me
profoundly damaged and lived with some of that damage for the
remainder of their lives. The third one, fortunately, is still with me.
The proposed regulations that you are considering called the
"please regulate us," I guess, regulation is what I heard earlier today,
emphasizes USDA licensing and the Animal Welfare Act and
documentation of recent USDA violations.
The Animal Welfare Act basically sets the standards governing
the care of dogs and cats in breeding facilities, and the USDA
enforces that regulation and the industry. In 2010, which was the
latest year I could find an accurate statistic, the USDA had 110
inspectors to inspect 8,872 facilities under its jurisdiction. And I
can't imagine that the federal government has funded the USDA in
that area to any larger extent now than in 2010.
Under the USDA and the Animal Welfare Act, there is no limit
to the number of dogs that can be on a breeding facility's premise.
There's no requirement regarding the staff.
CHAIRMAN McDANIEL: You're done.
MS. McALISTER: Oh, dear.
October 8, 2019
Page 103
CHAIRMAN McDANIEL: That was your red light.
MS. McALISTER: Oh, dear.
COMMISSIONER TAYLOR: I'd like --
CHAIRMAN McDANIEL: And there is a question here.
Commissioner Saunders has a question for you.
MS. McALISTER: Okay.
COMMISSIONER SAUNDERS: You mentioned 59
jurisdictions.
MS. McALISTER: Yes.
COMMISSIONER SAUNDERS: How many of those are -- or
what counties are included in that? Do you have a list?
MS. McALISTER: I don't. I can get it for you. It's not only --
it's municipal and county jurisdictions both. So there's -- like Cape
Coral is one of the recent additions, for example, which would have
been a city -- you know, a municipal jurisdiction.
COMMISSIONER SAUNDERS: Now, I understand in Lee
County they were considering this same type of ordinance but elected
not to ban retail sales.
MS. McALISTER: That could be. You know, I was involved a
little bit at the beginning of the Cape Coral one but not the Lee
County one.
COMMISSIONER SAUNDERS: The online sale, is that
considered a retail sale when you -- I mean, how does that work in
terms of -- I don't know if there's a storefront. I assume there's a
storefront, and the puppies are shipped to that. But if you purchase a
puppy online and it's shipped to a storefront, do they typically pick up
the puppy right away, or does the puppy stay at that store for some
period of time, or how does that generally work?
MS. McALISTER: Boy, you would have to ask them that. But
I think that the focus is really on banning the retail sales of dogs and
cats, whether it's done in a hard storefront or a local online retail.
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From the video I saw of the internet puppies, it seemed like the
puppies were here. And I guess the whole purpose of this is really to
talk about we have plenty of dogs in Collier County, and --
COMMISSIONER SAUNDERS: If we ban the retail sales of
cats and dogs -- I went online. I was looking at different breeds of
animals and just plugged in a couple, and you could find breeders all
over the state, all over the country.
MS. McALISTER: You do.
COMMISSIONER SAUNDERS: That would -- and if you
wanted to purchase a purebred through that type of a breeder, nothing
we're doing here would prohibit that, I would presume.
MS. McALISTER: No. And, actually, that would be the
alternative to going to DAS, the Humane Society, or one of the local
rescues is you can go online. You can go online. And we have very
reputable breeders right here in Southwest Florida that breed, but
they don't sell retail. They sell direct to the consumer or the
purchaser of the dog because, A, they want to know who's buying
their puppies and, B, they want to see who's buying their puppies, and
they can't sell retail if they want to maintain their status among their
breed association.
So, yeah, that is the alternative. And I have no -- I have no bone
to grind with the professional breeders. They are, in my vie w, for the
most part, a very caring and responsible group of people.
COMMISSIONER SAUNDERS: Thank you.
CHAIRMAN McDANIEL: Thank you.
Commissioner Taylor?
COMMISSIONER TAYLOR: Hi, Ms. McAlister. You were
finishing up something in what you were reading. I don't know how
much longer it is, but I was interested in your statistics.
MS. McALISTER: You were interested in what the USDA
allows?
October 8, 2019
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COMMISSIONER TAYLOR: Uh-huh.
MS. McALISTER: The USDA allows dogs to be kept in
stacked cages with wire and mesh floors forced to relieve themselves
in those stacked cages. A dog can be confined in a cage that is no
larger than six inches. The length of the dog is -- it can be six inches
longer than the length of the dog, not including the tail, and they can
be kept in that cage for 24 hours a day. There's no exercise
requirement, no human contact requirement, and females can be bred,
under USDA regulations, every time they go in heat, including the
first time.
CHAIRMAN McDANIEL: Ms. McAlister, the question was,
how much more do you have?
MS. McALISTER: Oh, about a minute.
CHAIRMAN McDANIEL: Less. Please.
MS. McALISTER: All right. Let me say this: I looked at
your -- I looked at the proposed regulation. The proposed -- our
regulation that we have proposed is very straightforward, very
enforceable. Any animal control officer in Collier County can go in
and see it.
I looked at the proposed regulation. It has -- these are what
the -- some of the phrases are: If available, if known, if indicated, if
possible, accurate to the best of our knowledge.
If they are so certain of the quality of their breeding -- their
puppies, why is it so vague? And who pays -- and that begs the
question, who pays to have the kind of an animal control officer that
can go into a facility and actually do that kind of an inspection? So
that was the bottom line on that.
CHAIRMAN McDANIEL: Thank you very much.
COMMISSIONER TAYLOR: Thank you very much.
MS. McALISTER: You're welcome.
MR. MILLER: Your next speaker is Tom Kepp. He'll be
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followed by Quinby Broitzman.
MR. KEPP: Tom Kepp. I've been a -- I was on the board of
directors at the Humane Society for 10 years years ago. I was on
your original advisory board at the DAS, and then I left that and
started my own organization. It's called SNIP Collier, spay/neuter
initiative program.
We've done almost 2,000 dogs in Collier County in the last six
years. We go out into the most rural areas and we find them, we take
them to Gulf Coast Humane Society, we have them spayed an d
neutered, we return them to their owners.
So I know a lot about what goes on in the county. I'm out in
Immokalee in the east part of the community probably at least three
days a week from 6 o'clock in the morning until whenever. So I
know.
This is a -- this is an email that Steve Carnell and I went back
and forth with in 2012. And it basically says exactly the same thing
to what I'm doing -- saying now is, that ordinances are
non-enforceable here. And this is actually from the County Manager
with his opinion, and this is 2012 also that was written to the Board
back then. I think Commissioner Fiala's the only one on the Board
that is still here when I was in front of it a lot.
This is -- the whole argument is regulation. Since April I have
been sending you guys -- you, the County Attorney, and the County
Manager reports. This one's like 60-some pages. In April I sent --
I've sent one a month since then. I don't think I've sent one this
month yet, but I've got plenty. And these are all repeat of fenders
going back to '07. And I've been involved with them since then.
And this one just -- just recently went to magistrate, and they did
take her dogs, but to my knowledge, and I've called the Clerk of
Courts and I've called DAS; she has yet to pay a nything, so --
CHAIRMAN McDANIEL: What's the citation for, Tom?
October 8, 2019
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MR. KEPP: Oh, there's 30. I don't have time to read them all.
CHAIRMAN McDANIEL: No, no, no. Predominantly what --
(Simultaneous crosstalk.)
MR. KEPP: Negligence, no license, breeding. I mean, I just,
a --
CHAIRMAN McDANIEL: Illegal inhumane treatment of the
animal.
MR. KEPP: Everything, everything. I've got one in Immokalee.
This was actually in a gated community here. I got one in
Immokalee, 308 Delaware that I've been going to. We found parvo
puppies years ago. The Humane Society took them and tried to help
us then. And Kelly has pictures of them, but I can't -- but I've got
pictures going back to 2015, just multiple dogs and the same
problems.
Here's my point. I've sent all these. I've asked all of you to call
me if you wanted to talk about it. No one has, except -- that's not
true. I apologize. Bill McDaniels (sic) and I have been -- now, let
me say --
CHAIRMAN McDANIEL: Hours, hours.
MR. KEPP: Before I run out of time -- yes, I apologize for that.
Let me say one more thing: I had a discussion with the County
Attorney about two months ago.
MR. KLATZKOW: Multiple.
MR. KEPP: And I'm sure he remembers. Multiple. And I
said -- he said, what is your issue? And I said, my name's Tom Kepp.
I don't care who knows where I live, 6491 Sable Ridge Lane. I said, I
have four dogs. None of them are licensed. I want you to send an
officer over here and cite me for all of those, and you know what I'm
going to do with it? I'm going to throw it in the trash, and you can't
do anything about it. And you know what? I'm still waiting for them
to come over. And the point being is, because you can't. You send it
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to a collection agency, and nobody pays them.
CHAIRMAN McDANIEL: Thank you, Thomas.
MR. KEPP: Thank you so much for listening to me. And my
point is, until you get your ordinances right, you need to ban this
because --
CHAIRMAN McDANIEL: It's the enforcement.
MR. KEPP: -- no one can regulate it. Thank you.
MR. MILLER: Your next speaker is Quinby Broitzman, and
he'll be followed by Kathy Rheaume.
MS. BROITZMAN: Good afternoon. Thank you for allowing
all of us to speak.
I am a Collier County property owner. I am in Commissioner
Fiala's district. I am a taxpayer, a registered voter, as well as a small
business owner in Collier County.
I am also a foster mom for Naples Cat Alliance, and my master
bathroom is currently a nursery to a momma cat and her six adorable
kittens that I was there when they were born. They are thriving, and
they're doing great. They will have current shots. They'll be spayed
and neutered and microchipped by Naples Cat Alliance, which is
100 percent volunteer donation-only free-roaming no-kill shelter.
And my point is, I'm a business owner. I understand about
profits. I understand that businesses need to make money to thrive;
however, our shelters and rescues are full. If you do want a certain
breed, you can find a certain breed. Like that's, you know, a
specifically -- my parents actually adopted a full-breed Pomeranian
from Humane Society, so -- and it was -- we're not sure why he was
there, but he was amazing, so...
And I looked up the statistic, and there have been 95 euthanasias
by DAS so far up till midyear. So those are 95 cats and dogs that
could have found homes somewhere.
We actually -- well, my dad. But we lost one of our kitties. She
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got out when we were out of town, and I was -- we looked for her.
We couldn't find her. DAS called and said, we think we have your
kitty, and it was, like, seven weeks later. And we went back in and
we're like, I don't know. And they said she's not adoptable, so she's
going to be put down if you don't take her.
And then we said, okay, she's ours. They're, like, she's not
really yours. We're, like, she's ours. Let me sign. Let me pay the
$80 that says I'm a bad owner, which I was, because one got out, and,
yeah, she was with us for four years, and she was amazing.
So there are so many cats and dogs around that are here that are
in shelters that are being taken care of by fosters.
My big thing is, why would we bring and ship in from other
states, other -- you know, other counties other -- when we have so
many that are here that are desperate for homes?
So thank you for your time.
CHAIRMAN McDANIEL: Thank you.
MR. MILLER: Your next speaker is Cathy Rheaume. She'll be
followed by Ashley Graham.
MS. RHEAUME: Hello. My name is Kathy Rheaume. Thank
you for hearing me.
I don't have the credentials that many of the speakers have here
today. I am a resident of Collier County, and I've been a volunteer at
Domestic Animal Services for over six years.
I'm involved in a variety of duties at the shelter, and I see the
daily influx of dogs and cats. Sadly, these are often mixe d-breed
dogs. The last thing that Collier County needs is another pet retailer
selling dogs and cats.
The retail stores are selling mixed breeds, and they're being sold
under the guise of being designer dogs. They're being sold for
thousands of dollars to the naïve public.
Historically, Petland has been notorious for selling sick animals
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with genetic defects. And where do these animals wind up once they
have fallen out of favor or the vet bills become a financial burden?
They wind up at Domestic Animal Services or the Humane Society.
I am asking Collier County to take a progressive stance seen in a
number of counties and municipalities throughout the country,
including the State of Florida, and asking for the sale only of
American shelter dogs and cats. Thank you.
And then I would like to clarify something. And I apologize. I
have to read this from my phone. Earlier Mr. Bazler made a
comment about Hurricane Irma. In his comment he stated DAS did
not evacuate their animals. Instead they had -- I'm sorry. He made a
statement -- I'm nervous -- about Hurricane Irma. He's correct, DAS
did not evacuate their animals. Instead, they had numerous staff
members that stayed day and night for up to 139 hours straight. This
was just one staff member, and it doesn't include the other five that
stayed.
Volunteers assisted in staffing other pet-friendly shelters.
Florida Online Puppies did not donate or assist in any way.
I also want to make it clear that Domestic Animal Service does
regulate rescues, sanctuaries, and organizations including humane
societies, the same as breeders and pet stores. Thank you so very
much.
CHAIRMAN McDANIEL: Thank you.
MR. MILLER: Your next speaker is Ashley Graham. She will
be followed by Isabella Rodriguez.
MS. GRAHAM: Good afternoon, Ashley Graham. I was raised
in Collier County. I'm a resident, a taxpayer, and a voter.
Commissioner Solis, you're my commissioner.
I'm here today to ask you to support this ban. I want to tell you,
I purchased a dog from a pet store, and she was very, very sick. She
was sick when I picked her up, and she was coughing and sneezing
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and wheezing.
I took her to the pet store (sic) that is affiliated with the pet
store, and he wanted to spay her at eight weeks old and did not want
to give her antibiotics for her current condition.
Twenty-four hours after I had purchased her from the pet store, I
took her to my current vet, and she was diagnosed with advanced
pneumonia. She was then given around-the-clock care for her illness.
And she survived, luckily, but it was a traumatic experience for
myself and for my dog. I'm sorry.
When I contacted the pet store, I never wanted to seek, you
know, the medical bills or anything. I wanted them to know what
happened to my dog, and they told me I could return her and
exchange her. They did not care about her. She was a good that
could be passed through the door like a broken toy.
We all know that song, how much is that dog in the window? I
can tell you from personal experience, after the lifesaving medical
treatment that you're going to have to pay for the dog -- I'm sorry --
once you pick her up, it's going to cost you thousands and thousands
of dollars, and the one that really suffers is the dog. And the one who
benefits from it is store owners like this man right here.
The people here in red shirts, these people, people like them in
the pet store told me my dog was fine when she had advanced
pneumonia. They don't care about the dog. They don't treat the dog
well.
And I don't think people like this man and these people here
should be able to profit from animal cruelty and treatment of these
animals. I don't want dogs in my county -- I'm proud to be from
Naples. I am proud to be from Collier County. Collier County is
better than this.
I do not want dogs in my county being treated like this, and I do
not want people like him benefiting and profiting off of animal
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cruelty. I ask you, please, please pass this ban. Dogs deserve better
than this, and cats do, and animals. Thank you so much.
COMMISSIONER SOLIS: Can I ask, did you purchase your
dog in Collier County?
MS. GRAHAM: I did. I actually purchased her 13 years ago
from the pet store in Collier County in the Coastland Center Mall. I
didn't know better. I actually walked in, and I saw her face, and I
could not turn away. I know very well that if I had not purchased
her -- her name was Ali. She actually died four months ago today,
which makes it even harder.
I know if I had not purchased her, she would have died there.
She was not receiving care. Like I said, the vet -- I had to request
antibiotics, and he asked me what vet school I attended. It's just --
they can say what they want, but I can tell you my dog had a terrible
experience, and no dog should have that experience. And dogs -- if
you do not pass this ban, dogs will suffer in Collier County.
CHAIRMAN McDANIEL: Thank you.
MS. GRAHAM: Thank you so much.
MR. MILLER: Your next speaker is Isabella Rodriguez. She'll
be followed by Kimberly Collins.
CHAIRMAN McDANIEL: Call two. I don't see anybody
moving.
MR. MILLER: Kimberly Collins. She will be followed by
Sara -- I'm having trouble reading this -- Backler, Bater.
MS. BAZLER: Bazler.
MR. MILLER: Bazler, I'm sorry.
CHAIRMAN McDANIEL: Make sure Sara's here. Okay. All
right, Ms. Sara.
MR. MILLER: Kimberly Collins, please, first.
MS. COLLINS: Okay. Hi. I am Kimberly Collins. I am one of
the managers of the Florida Puppies Online with my husband. One
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thing -- I just want to address a few things that were brought up
before I start.
One thing that was brought up was the transport of the dogs.
We actually transport all the puppies. We pick them up in person.
Nathan and his wife take care of them before they come to us. We
don't use any transport companies. We don't use any middlemen with
our puppies. We handle them from the moment we pick them up
until the moment they go home with somebody to ensure they are
cared for.
And one of our employees drives them down and checks on
them for food, water. They get stopped at the border of Florida, get
checked by the Department of Agriculture to make sure that they are
happy, health. They check inside of the van and make sure the
puppies are good before they can even continue on into Florida.
One point that was made by Tom was that the breeders -- there's
a big issue in Collier with the breeders and the regulations. That
would be Collier County's residents' alternative. We are regulated.
DAS comes in and inspects us. USDA comes in and inspects us. We
are the only ones in the county currently licensed that DAS comes in
and inspects. They're super thorough. When we first opened, they
gave us pages and pages of qualifications and requirements that we
had to follow in order to open, and we far exceeded them.
And we have never had a writeup with DAS. And they are --
they scrutinize us because they want to make sure that we're doing
everything right.
And then the issue with DAS that we didn't show up after Irma,
we did. My husband and I loaded up our van with every ounce of
supplies that we could. We showed up at DAS, offered all of it to
them. You know, we left for the hurricane because we made sure all
of our puppies left. We came back, loaded up our van with
everything we had, offered it to them. Th ey did take it. They said
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they needed all of our travel crates for their cats because they didn't
have a way to transport them.
Humane Society did show up with a giant van to take their dogs,
and the news showed up, and they pushed us aside and acted like we
had never been there. I could dig up the tax receipt for all of the stuff
that we've donated probably. So we were there, but when the
Humane Society showed up, they acted as if we'd never been there.
And we don't operate off of impulse buys, which is one point
that was made. We are by appointment only, and we ask many
questions to the people calling to make an appointment to come see
our puppies before they come to ensure that they aren't impulse
buying. And if something happens and it doesn't work out, we do
work with our customers to take them back and help them find a new
home.
Elderly people buy from us often, and we don't want them to be
burdened with a puppy that ends up being more than they could
handle. So we do try to provide that extra service for them.
CHAIRMAN McDANIEL: Thank you.
MR. MILLER: Your next speaker is Sara Bazler. She'll be
followed by Alicia Yancik.
MS. BAZLER: My name is Sara Bazler. My husband and I are
the owners of Florida Puppies Online.
I want to talk to you about a few misconceptions about our
business. Last night at the community Humane Society informational
meeting, a lady stated, the main difference between a shelter or a
rescue and a pet store is that a shelter or a rescue gives preventative
medication, blood work, vet checks, dewormings, and spay and
neuter their dogs before allowing them to be adopted.
She also stated that a pet store would never do any of those
things because they lose profits. A pet store would rather just let the
dogs die in a backroom.
October 8, 2019
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We, Florida Puppies Online, follow our vet's protocol by also
giving preventative medications, we have to keep the puppies up to
date on vaccinations, our vet has weekly visits with our puppies.
They are dewormed. They all have a current health ce rtificate from
our licensed vet.
We also encourage our customers to spay and neuter their
puppies at an appropriate age. We spend thousands of dollars weekly
on routine vet care, and we would be more than happy to provide you
guys with those bills from our vet.
People also have a misunderstanding and have been
misinformed about our puppies and -- our business and our love for
puppies. We, too, are concerned for animal health, wellness, and
well-being, just like the shelters or rescues and the activists are.
We are an appointment-based pet store to attract only the serious
buyers and to give families time to select their new and perfect family
member. Ninety percent of our customers come into our store to
purchase our puppies.
Per DAS and USDA regulations, there is already a paper trail
from what breeders the puppies come from, how long they are in our
care, and what customers purchase our puppies. You can trace the
puppy back from where they came from to their current owners.
We would be more than happy to have a roundtable discussion
with the Collier County Commissioners, DAS, and the Naples
Humane Society to get a better understanding of all of our businesses
and how we can all operate in a free market of Collier County.
MR. MILLER: Your next speaker is Alicia Yancik. She'll be
followed by Rose Ahne.
CHAIRMAN McDANIEL: Hand on, Alicia. Make sure Rose
Ahne's here.
(No response.)
MR. MILLER: Rose Ahne?
October 8, 2019
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(No response.)
CHAIRMAN McDANIEL: Next one. Troy?
MR. MILLER: Pardon me.
CHAIRMAN McDANIEL: Next one.
MR. MILLER: Jennifer Hobgood. Jennifer Hobgood.
CHAIRMAN McDANIEL: Jennifer is here. And if your name
is called and you're outside or you're on the fifth floor or something,
we're not going to -- we're not going to disqualify you. And there
was one lady somewhere that came to see me at the break who ceded
her time but wasn't here to raise her hand, and she would like to three
minutes. So did she get to you?
MR. MILLER: Yes.
CHAIRMAN McDANIEL: Were you here? One of the ladies?
Okay.
MR. MILLER: I had called her name and counted those three
minutes in the previous speakers.
CHAIRMAN McDANIEL: We did? We did let her have the --
MR. MILLER: Those three minutes were allocated. We waived
the fifth-floor rule.
CHAIRMAN McDANIEL: So you can't have your three
minutes back.
Please proceed, Alicia.
MS. YANCIK: Thank you.
My name is Alicia Yancik. I'm a resident and business owner in
South Naples in Commissioner -- excuse me -- Commissioner Fiala's
district. I know you're all my commissioners, but I'm in
Commissioner Fiala's district.
CHAIRMAN McDANIEL: Thanks for that.
MS. YANCIK: When this was originally presented on
September 24th, the issue was preceded on the agenda by a
humanitarian issue, the Wounded Warriors, another issue regarding
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humane treatment to which you all pledged your support and said,
essentially, Collier County must do better. Yes. Yes, same with this.
Being the elected officials you are, you are here not just because
of your intelligence and capabilities, but also because of your heart,
compassion but, most importantly, your abilities with respect to
discernment.
Allowing Petland or any pet store that sells dogs or cats of any
age here as a retail product is an absolute slap in the face to the
multitude of rescues, shelters, and animal-welfare organizations in
Collier County.
I'm not talking about pet supply stores like PetSmart, PetCo, and
Pet Supermarket who all welcome these groups to bring cats and
dogs in for adoption to their patrons.
I have direct personal experience with all of the animal-welfare
organizations in Collier County. They are here for the animals. They
have absolutely given their entire lives to animals in need. They
serve of their own free will. They are here in this building today of
their own independent, uninfluenced free will.
Maybe before this issue of banning the retail sales of animals
came in front of you, you didn't know about puppy mills. And my
phone just ran down here. Sorry. I have to stay with the phone so I
stay on track.
Maybe you didn't know about puppy mills, pet stores who use
puppy mills, the checkboxes that tell you what is and what is not a
reputable breeder. Maybe you didn't know about all of the good -- all
the work that animal-welfare groups in Collier do for the community
and other groups and communities in this state.
Picking up animals who have been injured or abandoned,
spay/neuter, assistant with their pet's -- excuse me, assistance with
their pet's medical care in part or in full. This is just scratching the
surface with non-declawed paws, I might add. This is just scratching
October 8, 2019
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the surface. If you didn't already know, now you do. When you
know better, you must do better. Please do better.
Petland's business practices are no secret. Simple web searches
don't always tell the whole story, but they provide demonstrated
on-the-record proof that allow you to investigate further.
Violations in just Fort Myers made the news last year when a
truckful of puppies in deplorable conditions was intercepte d by
county animal services, one mere example.
Again, you, no doubt, have done your research, Commissioners,
and know about this and the crazy long list of horrors. So let me say
this: Every single Petland store is a reflection of every other Petland
store. The appearance of impropriety is damning. It's not just a
Petland problem. Please support the ban now.
And I had a phone conversation with Florida Puppies Online last
month. It was a pleasant conversation.
CHAIRMAN McDANIEL: Your bell has rung.
MS. YANCIK: Okay. I'm sorry. I just want to say --
CHAIRMAN McDANIEL: You're done. You are done.
MS. YANCIK: The burden is avoidable.
CHAIRMAN McDANIEL: You've made your point.
MS. YANCIK: Thank you so much.
MR. MILLER: Your next speaker is Jennifer Hobgood. I have
a slip ceding time to Jennifer from -- I'm having a real problem here.
Charlie?
MS. HOBGOOD: Charlie Macbeth.
MR. MILLER: Macbeth. Is he present?
MS. HOBGOOD: No, she had to leave earlier before --
MR. MILLER: All right. You will have three minutes. You
will be followed by Patricia Holley.
MS. HOBGOOD: Sure. No problem.
Hi. My name is Jen Hobgood. I am senior director of state
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legislation for the ASPCA, and I'm here representing the ASPCA and
our members and supporters in Collier County. In case there was any
confusion earlier from a former ASPCA employee, I speak for the
ASPCA; he does not. And I just wanted to make that clear, because
there were a lot of names thrown out during his testimony earlier,
Mr. Sayers.
So what I wanted to first do is thank you for considering this
important humane measure before you today. A retail sales ban is the
best thing that Collier County can do to prevent puppy mill cruelty
from being a part of your community and from bringing disease into
your community with the CDC outbreak of Campylobacter that
others have spoken about.
Puppy mill cruelty is not something that Collier can nor should
regulate, put simply. Retail puppy selling stores and the out-of-state
puppy mills that supply them, it's a bad business, and bad business is
bad for business in Collier County. The retail puppy selling business
uses -- and this is one example -- predatory financing practices like
lease contracts that make dogs into collateral. Unsuspecting
consumers, as you've seen from other testimonies, find themselves
saddled with debt for a dog in these lease contracts that they don't
even own until the end of the lease term.
Years of paying -- when they sign a lease contract, they're
signing -- at a tablet with this cute little puppy and their children in
the store, and they sign on the tablet, and they've signed a lease
sometimes from these retail puppy selling stores, and they won't own
the dog until the end of that lease term.
Even if the dog gets sick, runs away, dies, they're on the hook
for that dog under these lease -- contracts, and that's why earlier this
year Florida lawmakers filed four bills to ban the practice, and
already Senator Taddeo has filed Senate Bill 186 that would ban the
practice of pet leasing that's tied to this industry. It's just one more
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example of how this is a business you cannot regulate. They're going
to find ways to make money and profit off of these animals.
When you hear Naples Humane Society, when you hear all these
people that live in your county wearing blue T -shirts and not, you
know, paid by a corporation to be here, they're saying, keep this out
of our community.
I'd like to draw your attention to one example from a nearby
county: Hillsborough County code states that retail pet shops cannot
sell dogs and cats if they have sourced them from breeders with direct
violations, certain types of violations.
ASPCA has uncovered through records and we've
communicated this to Hillsborough just in -- from March 2019
through June 2019th, a retail -- 2019 a retail puppy selling store in
Tampa selling those puppies apparently in complete defiance of that
law. It cannot be enforced. You can't regulate animal cruelty. It's
just wrong. And I hope you will choose to do what Lake County,
Indian River County, Seminole County have done and ban the
practice.
MR. MILLER: Your next speaker is Patricia Holley. She'll be
followed by Nancy Dolan.
CHAIRMAN McDANIEL: Ma'am? Ma'am? Ma'am?
MS. HOBGOOD: Sorry.
CHAIRMAN McDANIEL: Please come back.
COMMISSIONER FIALA: Troy, how many speakers do we
have left?
MR. MILLER: Twenty.
MS. HOBGOOD: Yes, sir.
COMMISSIONER TAYLOR: If you could just quickly speak
to the number of counties that have banned this.
MS. HOBGOOD: So there are lists online. There are almost 70
local governments in Florida that have passed a ban on the retail sale
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of dogs and cats. The counties include Indian River, Seminole,
Lake -- I think there's at least five others. Jenna with the Humane
Society may have a more complete list by the time she's called up,
but 70 local governments have, and there's been legislation filed.
We've had to fend off attempts by the retail pet-sales industry for
three years in Florida and across the country to try and preempt your
home-rule authority to pass bans just like the one before you today.
So I hope you'll take action to protect the citizens and the pets.
COMMISSIONER TAYLOR: Thank you.
CHAIRMAN McDANIEL: Thank you.
MS. HOBGOOD: Thank you.
MR. MILLER: Your next speaker is Patricia Holley. She'll be
followed by Nancy Dolan.
CHAIRMAN McDANIEL: I don't see that Nancy's moving.
MR. MILLER: Nancy Dolan?
(No response.)
MR. MILLER: Bette Ellenberger (sic).
CHAIRMAN McDANIEL: Who's that?
MR. MILLER: Bette Ellenberger.
Ms. Holley, if you will.
MS. HOLLEY: Yes, good afternoon. I'm going to read you a
letter. My name is Patricia Holley. I'm going to read you a letter that
we received from an ex-Petland employee.
She wrote, I was an employee at two of the South Florida
Petland locations for five years. I am writing because I feel I need to
come forward. As a previous employee, it definitely scares me to
share my truth, because I have seen others sued for doing just that.
I would be more than happy to speak to any of you on the phone
to confirm my testimony. I know that anonymous or not speaking for
myself may not have the same impact as my being there personally,
but I am a young student with no money, and for a defense attorney,
October 8, 2019
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even though truth is a defense, I cannot afford the high cost of
litigations against a powerful company like Petland.
I hope you will take my warnings into consideration. Though I
cannot speak for others, it is my belief they are not only my
experiences but all too common working in Petland.
When I was 23 years old, I worked at the Davie and Pembroke
Pine Petland locations, which Luis Marquez already stated are his
stores.
Even though I saw sick puppies, I hoped that I could help in
some way by caring or being the voice of the dogs and finding them a
home.
In November of 2017, working at Petland Davie, I contracted
Campylobacter and was notified by the Center for Disease Control
about a week after being taken to the emergency room, which Luis
had said, none of his stores ever had it.
Having Campylobacter was the worst 10 days of my life.
Stomach pain so much I could not drink water, could not work or
leave my house. I had to use the bathroom nonstop and couldn't eat
anything.
I found out a dog in the store tested positive for Campylobacter.
I was the manager at the time and asked for reimbursement of my
hospital bill and was told it would be offered. Luckily, my own
insurance covered most of it, but I had to cover the copay and
medicines out of my own pocket.
Adding insult to injury, I was working for a little more than
$26,000 a year while I was selling puppies who sold for up to
$12,000.
After five years I can honestly say the two reasons I quit were
that I could no longer sell sick puppies to unsuspecting customers and
having Campylobacter.
If I believe it's serious enough, I took it upon myself to call
October 8, 2019
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veterinarians we worked with on days that were closed to see the
dogs.
I have some people -- I know some people may judge me for
working there, but I still do believe I did good. I was able to help
more puppies than I believed I would have.
I am now a student studying special education, but I still often
worry about the puppies and who is now helping them.
Now, just in that letter there are two discrepancies of what Lu is
said. What else is he not saying that's -- you know, that he's saying
that isn't true? And -- thank you.
CHAIRMAN McDANIEL: Yes, ma'am.
MR. MILLER: Your next speaker is Bette Ellenberger. She'll
be followed by Michelle Messina.
CHAIRMAN McDANIEL: Is Michelle here?
MR. MILLER: Michelle.
CHAIRMAN McDANIEL: I'll let you go when --
MS. ELENBERG: That's okay.
MR. MILLER: I'm being told she's in the hallway, sir -- we'll
give her --
CHAIRMAN McDANIEL: A second or two. Go ahead and
call another name.
MR. MILLER: Jenna Jensen. I know Ms. Jensen's here.
CHAIRMAN McDANIEL: Okay. Jenna Jensen.
MS. JENSEN: I'm here.
CHAIRMAN McDANIEL: Okay. Come on up to this podium,
please.
MR. MILLER: Go ahead, Ms. Ellenberger.
MS. ELLENBOGEN: Good afternoon. My name is Bette
Ellenbogen.
CHAIRMAN McDANIEL: How do you do, Bette?
MS. ELLENBOGEN: It's probably my handwriting.
October 8, 2019
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CHAIRMAN McDANIEL: Yeah, and Troy and I have issues
with reading.
MS. ELLENBOGEN: It's okay. I have issues with writing.
I just want to say, I am a full-time resident of Collier County. I
am a taxpayer. I'm a homeowner and a voter. I believe,
Commissioner Solis, I'm in your district.
And I just want to say very briefly, very strongly that I strongly
support the ban on the sale of dogs and cats. These are living things.
They are not commodities. I am not interested in buying a car. I am
interested in rescuing, and it doesn't have to be a puppy. I don't have
puppies. I am a senior citizen, so I adopt older animals and,
unfortunately, I think what happens often is people go in on a whim.
They'll go into a pet store, and they'll see this adorable puppy or
adorable kitten, and somehow they end up home without realizing the
cost involved, the time involved that it takes to make sure these
animals, not these commodities, these living beings are going to be
well taken care of.
So I just want to make that point that -- and I want to refute
something that was said before about the Humane Society. Again,
I'm a senior citizen. I have no problem going to the Humane Society
and adopting. I have adopted on different occasions, two dogs and a
cat. And I think if somebody had a problem with an adoption from
the Humane Society or DAS, I'm not sure, those organizations want
to make sure those animals are going to a home where they will be
loved and cared for the rest of their lives. It's not just let's get a dog
or a puppy for a few months. It's for the rest of that animal's life.
They're not commodities. They are living beings.
So I thank you for your time. Obviously, you've got the gist of
me saying I fully support the ban on the sale of dogs and cats. Thank
you.
MR. MILLER: Your next speaker is Jenna Jensen. She's been
October 8, 2019
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ceded additional time from Maria Rotunda and from Heather Carr for
a total of nine minutes, and she will be followed by Jeanne Jain.
Jeanne Jain.
CHAIRMAN McDANIEL: One second.
MR. MILLER: She's here. Okay. If you'll come to the other
podium.
CHAIRMAN McDANIEL: Jeanne Jain -- well, halfway
through. You've got nine minutes, so you don't have to come up and
here and stand. So come on. Please.
MS. JENSEN: Good afternoon, Commissioners. My name is
Jenna Jensen. I'm here on behalf of the Humane Society of the
United States and our members and supporters here in Collier
County.
It is well documented that pet store puppies get their dogs from
inhumane commercial breeding facilities that treat dogs as breeding
machines and puppies as products.
Even if they wanted to get their dogs from responsible breeders,
they would not be able to because responsible breeders do not sell to
pet stores. They would never hand a puppy over to a truck driver to
be shipped to a faraway pet store.
We reviewed the codes of ethics for the national dog breeds
clubs and found that of the 178 dog breed clubs, 96 percent of those
clubs include statements that their breeders should not and/or do not
sell to pet stores.
I provided an example on the presentation. The Clumber
Spaniel Club of America, in their code of ethics, states, a breeder
shall never engage in wholesaling to pet shops or other commercial
establishments or own, work for, endorse, or have any involvement
with any persons associated with any commercial breeding
enterprise.
How do I change the slide?
October 8, 2019
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MR. MILLER: Oh, just the space bar, keyboard.
MS. JENSEN: Oh, which is?
MR. MILLER: Slide drawer.
MS. JENSEN: Thank you.
So we've heard a lot today about the USDA, and pet stores claim
how their dogs come from USDA licensed breeders; however, a
USDA license does not guarantee a humane breeder. The USDA
itself states that it does not certify establishments and that a license is
not a seal of approval.
We've kind of gone through the standards of care that are
allowed under the Animal Welfare Act, but they are abysmal survival
standards. A dog can live his or her entire life in a cramped, stacked
wire cage with little to no exercise, veterinary care, or socialization.
And what was mentioned earlier is females can be bred as early and
as often as possible until they are spent, at which point they are just
discarded like trash. Again, these are all legal under the Animal
Welfare Act.
And not only are the standards under the Animal Welfare Act
abysmal and shockingly low, but the enforcement of this federal l aw
is lacking. The USDA audited itself, and its own Office of Inspector
General found that inspectors were regularly ignoring horrific
suffering, and they were allowing facilities to continue to operate
despite repeat violations of the Animal Welfare Act.
Additionally, the Washington Post has covered the lack of
enforcement by the USDA. Citations have plummeted by 65 percent.
Enforcement cases have declined by 92 percent. In the month of
August last year, the USDA did not issue a single warning,
complaint, or penalty to the 10,000 or so facilities that it regulates.
Not one.
And this isn't because these breeders are being compliant. This
is because the USDA is treating regulated entities more so as partners
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than as potential offenders. They're working more closely with
alleged violators than taking enforcement actions.
And to top it all off, the USDA is now redacting information on
inspection reports. So we -- when we come up here and talk about
regulating the source of dogs in pet stores, this is what you're dealing
with. You're dealing with problematic standards, problematic
enforcement, and no transparency. So I don't know how you're going
to regulate the source of dogs in pet stores.
And here is an example of that. On the left you have a USDA
inspection report prior to the redactions. You can see the USDA
licensed facility, you can see the license number, and the violations.
On the right is how we look at inspection reports now. If you do a
records request, this is what you get, a bunch of black ink.
I don't even know if that -- that breeder can be compliant, and I
have no idea because I can't see the body of that inspection report.
So no transparency. You and I are left in the dark. Law
enforcement's in the dark. A consumer who wants to add a new
family member to their family can't tell whether or not that dog was
raised in humane or inhumane conditions.
And it was already mentioned earlier, or excuse me, where
Petland gets their dogs, so I'm going to focus a little bit about the
other pet store in this county. And this is all information based on
state documents and documents from the USDA. Little Puppies
Online, they are an Internet broker. They sell a lot of puppies via
their website. They ship them all over the country, puppie s that is,
but they mostly come from their breeding facility in Ohio.
As you can see based on the business information to your right,
Little Puppies Online is in Naples, and then their breeding facility's at
the bottom in Ohio. And Little Puppies Online was listed in our
Horrible Hundred puppy mill report in 2017.
Here's an example of Little Puppies Online in Ohio selling to
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Florida Puppies Online in Naples. Little Puppies Online, like I'd
mentioned, was in our Horrible Hundred Report in 2017 for
violations by the USDA. Some of these violations include -- well, in
2019, we had a dog that was in an enclosure without adequate space.
We talked about how dogs only are required to have six inches larger
than their bodies. So to not provide adequate space is mind blowing.
And then you have another dog who doesn't even have
six inches of required head room; six inches. Another dog who
doesn't have the proper identification. And then it was mentioned
earlier by Florida Puppies Online that they would never source their
dogs from unlicensed breeders. I have two reports showing that they
have purchased their dogs from unlicensed breeders. These are
unregulated and uninspected breeders. Twenty certificates from
unlicensed breeders in 2017; 18 breeders that were not licensed, in
2016, that they purchased their dogs from. And that is
documentation. That is proof.
And then in 2016 they received a direct violation, which is the
worst kind of violation you can get, for keeping puppies in overfilled
enclosures.
And that does conclude my presentation. I do have three more
minutes. We -- I'll cover, I guess, Petland for a little bit. We have
done, I think, seven undercover investigations of Petland in six states.
All of those seven locations were different locations, yet every
Petland that we went undercover in was the same exact story. Sick
and dying dogs. Dogs that were returned to the seller. Petland's
quote, every dog finds a home. Some didn't even -- they were
returned to the seller because they had holes in their throats, or they
didn't want to pay for the veterinary care. There were pets in the
freezer; dozens of pets in the freezer.
And so, you know, we've done this numerous times. We
investigated Petland back in 2008. The story is the same every single
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time.
And we've received 1,300 complaints from consumers who've
purchased dogs from Petland; many of these are from the locations
here in Florida. I'll just read a few of these to you. One of them we
received from the Petland Plantation store in 2018, and this consumer
purchased a dog that had kennel cough, had tapeworms, and was
diagnosed with Campylobacter. The woman also had to take out a
loan of $8,500, plus her dog went blind after, I think, about a year.
And we have -- the list of complaints goes on and on.
We have dogs diagnosed with pneumonia. Dogs diagnosed with
gastrointestinal infections. Dogs with Giardia. Dogs with kennel
cough. Dogs with lethargy. The list goes on and on.
So I'll kind of leave it there, and if you guys have any questions
for me, I'd love to address them.
CHAIRMAN McDANIEL: Thank you.
MR. MILLER: You next speaker is Jeanne Jain. She will be
followed by Erika Ferrari.
CHAIRMAN McDANIEL: Hang on, Jeanne. Is Erika here?
MR. MILLER: Yes, she's here.
MS. JAIN: Good afternoon, and thank you for the
opportunity --
CHAIRMAN McDANIEL: That mic's adjustable. You don't
have to stand on your tiptoes. Bring it down. There you go.
MS. JAIN: Good afternoon, and thank you for the opportunity
to speak.
The states of Maryland and California have pet sale bans in
place, and a similar law is on the governor's desk for her signature in
Maine. Connecticut, Pennsylvania, and Wisconsin are also
considering bans.
In addition, at least 310 municipalities around the United States
have passed similar bans, including many in Florida, as was
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previously stated.
This is not about one pet store. Puppy mills are all about profit.
A shop owner may or may not be aware the out-of-state breeders he
is buying from is a puppy mill. This happened recently when a Lee
County pet store had unknowingly purchased puppies from a USDA
licensed breeder that did, indeed, turn out to be a puppy mill in
Missouri.
If a pet store owner himself doesn't know he has purchased from
a puppy mill, how would any layman know he's purchasing a puppy
that came from a puppy mill?
The shop owner may think that a breeder licensed by the USDA
equates to a breeder not being a puppy mill and a breeder that ensures
the humane care and treatment of the animals. That could not be
further from the truth.
The Animal Welfare Act standards for care are minimal and are
not effectively endorsed by the USDA.
One local Petland owner stated, quote, the best pups from
USDA licensed and inspected kennels, unquote. Humane societies,
animal welfare groups, and even Petland support improved standards
of care for all pets. The very basic Animal Welfare Act regulations
regarding the care and handling of dogs and cats are woefully
inadequate and need to be strengthened. Until that happens, stating
your pets are being purchased from a USDA licensed and inspected
facility does not guarantee you are purchasing well-cared-for, healthy
pets.
The USDA and the puppy mill industry aren't doing enough to
address and shut down the bad apples.
Anyone has a choice to go personally to a reputable breeder for
a specific breed of dog if that's what they want. No one should object
to a ban on the sale of companion animals in stores when
approximately 1.5 million dogs and cats are killed every year in the
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United States because shelters are full. Only adoptable dogs and cats
from rescues or shelters should be offered at pet stores, period.
Thank you.
CHAIRMAN McDANIEL: Thank you.
MR. MILLER: Your next speaker is Erika Ferrari. She will be
followed by -- forgive me here -- Harleigh. Last name starts with a
K. Kehoe? She is here.
Ms. Erika.
MS. FERRARI: Good afternoon. My name is Erika Ferrari.
I'm a full-time resident of Collier County. I'm a homeowner, I'm an
attorney, and now I volunteer with the Naples Cat Alliance. Why?
Because there are thousands and thousands of cats who are dying on
our streets. They're starving. We feed them. We take them to the
vet. They're spayed or neuter, vaccinated, and they're chipped. So
we do all that because of the generosity of some people that donate
money.
I support this ban wholeheartedly, and I hope you do, too, to end
cruelty, to prevent further cruelty in this community.
Why go and compete with someone that gets paid handsomely, I
can see? With us, we get donations only, but that's not the point.
They can have their job. But you know what, we support lives. We
support those cats. We support them over profits. We need to stop
this profit-driven society when it comes to animals, at least that
much.
So give rescue a chance. We have already more than 300 cats
that need adoption. We don't need this cute, special kind of cat they
may want. Let them rescue us. They can find us. And you know
what, regulate -- you can have regulations, but where are the
enforcement mechanisms for it?
Unfortunately, that is the difficulty. There is no way to really
enforce it. There is no money. When they try to enforce it, they
October 8, 2019
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don't do it.
So please, I beg you, support these poor animals that already are
out there ready to be adopted.
Thank you for your time.
MR. MILLER: Your next speaker is Harleigh -- is it Kahoe?
MS. KEHOE: Kehoe.
MR. MILLER: Kehoe. She will be followed by Connie
Chalmers.
MS. KEHOE: Connie Chalmers has already ceded her
speaking.
MR. MILLER: Okay. I don't have her ceding here. April
Hooner (sic).
MS. HOOVER: Hoover.
MR. MILLER: Hoover. Okay. You'll be next.
MS. KEHOE: Hello. I'm Harleigh Kehoe. I am a constituent of
Commissioner Solis, and I live and vote in Collier County.
I would like to draw your attention to the fact that when we
came this morning we were unable to get into this room because it
was packed with people who were not residents of Collier County
whose decision -- your decision on this issue will not impact because
they don't live here. We live here, we care, and we do not want the
retail sale of cats and dogs in this county.
We base our decision on the worry of public health and also
animal welfare. We want Collier County to be a humane county, and
that decision and result will be up to you. Please listen to your
constituents, to those of us who live here, and grant us the ban against
retail sales of cats and dogs in stores.
Thank you.
MR. MILLER: Your next speaker is April Hoover. She'll be
followed by Carla Melendez. Carla.
MS. HOOVER: Hi.
October 8, 2019
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MR. MILLER: Hold on just a moment, ma'am. Carla
Melendez?
(No response.)
MR. MILLER: Melanie Mercurio? Melanie Mercurio?
(No response.)
MR. MILLER: Wow. Bill Schuyler?
(No response.)
MR. MILLER: Melanie, if you'll wait at the other podium.
CHAIRMAN McDANIEL: Or you can wait there.
MR. MILLER: Or you can wait there. Thank you.
Ms. Hoover, please.
MS. HOOVER: Yes, hi. I was going to read off my phone, but
it's died. It's been a long day. I'm just going to speak from the heart.
I live in Lee County, right over the line off Bonita Beach Road,
but I work in Naples, and I sell real estate, luxury real estate, and
Naples is known for many things, like being number one for health,
happiness, well-being, and wealth, of course. And I'd rather not be
known as importing animal cruelty.
My husband and I have adopted several rescue pets over the last
25, 30 years. Usually they're mostly abused and/or neglected.
And I would like to point out that there were some comments
made earlier about the Humane Society and other rescue groups.
These people work for the love of animals. They give their time. I
am tired of seeing constant begging and pleading via emails and
social media, help, surrender, this one's going to be put down
tomorrow. I mean, why would we encourage more breeding and
sales of pets in an already overpopulated pet, you know -- you know,
pets are overpopulated. We need to control the pet population.
I just would like for you to support the ban. Thank you very
much.
MR. MILLER: Your next speaker is Melanie Mercurio. She'll
October 8, 2019
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be followed by Bill Schuyler.
CHAIRMAN McDANIEL: One second, Mel.
MR. MILLER: Bill Schuyler?
CHAIRMAN McDANIEL: Forgive me. I have a friend named
Melanie, so I went Mel.
MR. MILLER: I have a sheet with only a first name. Travis?
(No response.)
MR. MILLER: Okay. Caron McDonald?
(No response.)
MR. MILLER: Caron McDonald?
(No response.)
MR. MILLER: Well, Mr. Chairman, if Ms. McDonald -- are
you Ms. McDonald?
MS. McDONALD: Yes.
MR. MILLER: Thank you. Melanie Mercurio.
MS. MERCURIO: My name is Melanie Mercurio. I'm a native
to Naples, Florida, member of Naples Board of Realtors. I work with
our residents and voters every day.
Many people who have purchased a Petland or Florida Puppies
Online puppy are afraid to speak today because these stores have
their buyers sign a disclosure threatening to sue them if they speak
the truth.
A 501(c)3 group called Golden Retriever Rescue of Southwest
rescued one of Nathan's dogs after it needed $6,000 in surgery. The
buyer couldn't afford it, and our residents were left to pay and donate
the money to save its life.
A lot of the topics have been brought up today, but one that
hasn't is there are many animal advocates in this county. I'm proud to
call them my friends and say we put a stop to greyhound racing.
Ringling retired their elephants in the circus, and we will end the
retail sale of dogs if we have to protest every single week end. It's
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nothing we haven't already done. Protests will create an eyesore to
our beautiful county.
Anyone can say that they're reputable and show a video running
through a field with puppies, but the truth is in the complaints and the
comments by their own consumers who now have a dead puppy and
traumatized children.
Nathan's store is open by appointment only, so how can DAS
regulate it? By making an appointment that they can prepare for?
Luis said he can't compete with large companies like PetCo, but
they're not the only comparable businesses. I gave you all a list of
privately-owned smaller pet stores that are in Collier County and
making a lot of money last year. I would advise them to maybe have
a meeting with them and evolve their business plan. If puppy stores
(sic) are 90 percent of your business, it's time to evolve.
It's obvious that the people were transported in from somewhere
else, and I would like to apologize to Penny Taylor for the way that
she has been addressed today. It's not the standard of Collier County.
Thank you.
MR. MILLER: Mr. Chairman, pending the names that we've
called and aren't present, Karen McDonald is your final speaker.
MS. DesORMEAU: My name was never called. I've been here
since 9:00, and I gave you my paper.
MR. MILLER: Will you come up, please, ma'am.
Ms. McDonald.
MS. McDONALD: Yes. I'm nervous. More or less, I'm saying
what everyone else has said. We don't need any pet stores selling
pets. I think about all of the rescues that we have here, fosters, we
have so many dogs that are waiting to be adopted, and we don't need
to add to the overpopulation. And that's it.
CHAIRMAN McDANIEL: Thank you very much. Did you get
it sorted out, Troy?
October 8, 2019
Page 136
MR. MILLER: I haven't had time to run through these looking
for this woman's name, but I have seen this woman here all day, so I
would say she's probably submitted a slip.
CHAIRMAN McDANIEL: Probably has. Just fill it out.
Commissioner Solis, did you have a question for one of the
speakers or just ready to speak?
COMMISSIONER SOLIS: Staff.
CHAIRMAN McDANIEL: We're going to close the public
hearing here in a minute.
MR. MILLER: Go ahead, miss.
MS. DesORMEAU: Okay. No special status. I'm just a
homeowner of almost 50 years here. And I do have rescue do gs
myself. I do have one that came from a puppy mill that is --
CHAIRMAN McDANIEL: What is your name, again?
MS. DesORMEAU: Tammy DesOrmeau.
CHAIRMAN McDANIEL: Thank you, Tammy.
MS. DesORMEAU: The dog's feet kind of go in like this
because it was on chicken wire for so long. It was a worker dog.
They also took his mandible so that he couldn't fight. It was a pretty
bad situation.
But, anyway, the reason why I'm here is because Petland says
their pets make life better, and after all the research I've done, I see
that, factually, it makes people sick. The financial strains, the
medical bills, and then, of course, there's the heartache of, you know,
your pet dying on you or getting sick.
Now, when I hear an employed Petland veterinarian get in on a
class-action lawsuit, that's a real big eyeopener. That's another
reason I would certainly want Petland to not be here in Collier.
Hearing of a 16-year-old employee getting the disease that we've
heard about so much today as an employee, I certainly wouldn't want
Petland here. And then, of course, there's the people that we've heard
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have been sick and the drug-resistant antibiotics, things like that.
But I definitely would say no to any business that has so many
consumers, so many employee complaints, investigations, lawsuits,
and also class-action lawsuits. That would certainly be a reason for
Petland to not be here.
They were here in the late '80s, Petland was. Why are -- can I --
I don't know why they weren't here anymore. I would like to know.
No one's brought that up today. But they were in the Towne Centre
in the late '80s.
Anyway, I have dogs that run around in my neighborhood now.
If I pick one up, I take it to DAS. I give it time, you know, five days
for someone to come for it. Usually they don't, and then we have
another dog in my house.
I want that to have to stop. I work hard enough for these dogs to
have a better life as it is. I don't know. I didn't have anything
prepared, but --
CHAIRMAN McDANIEL: You did well.
MS. DesORMEAU: -- they're not welcome.
CHAIRMAN McDANIEL: Your point's made.
MS. DesORMEAU: Okay.
CHAIRMAN McDANIEL: Thank you.
MS. DesORMEAU: Well, thank you.
CHAIRMAN McDANIEL: Yes, ma'am.
So with that, we're going to close the public hearing. I belie ve
we've heard from all of the registered speakers in one form or format,
so we're done.
COMMISSIONER SOLIS: Was it a hearing?
CHAIRMAN McDANIEL: No, but -- well, it wasn't a public
hearing. We're done with the public speakers. How about that?
Thank you for correcting me.
COMMISSIONER SOLIS: No, I just want to make sure I knew
October 8, 2019
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what I was dealing with.
COMMISSIONER FIALA: He's an attorney.
CHAIRMAN McDANIEL: Yes, he is. He has to make sure
that I am technically correct.
All right. Commissioner Fiala, your light's up first.
COMMISSIONER FIALA: Yeah. My question is really
simple. As I've listened to everybody -- and it's just one little simple
question. And I've heard people saying as almost it's a bad thing
because they sell the dogs or how much it costs the people or how
much they've spent for an animal and so forth, but always at a pet
store. Do they not have to pay for anything when they get it from
DAS or from the Humane Society? Are those free to them as
adoptions?
CHAIRMAN McDANIEL: How about DAS, since we're not
going to bring Humane Society up here.
MR. OCHS: I'll ask our DAS director, Ms. Andrade, to come
up.
COMMISSIONER FIALA: Yeah. I don't know. They might
be. I have no idea.
COMMISSIONER SOLIS: Those are some of my questions. I
mean, if an animal --
MS. ANDRADE: Hi. Darcy Andrade, director of Domestic
Animal Services.
To answer your question, we actually are very, very proactive in
trying to find creative ways to -- people come and adopt from us. So
we do have established fees for our adoptions. They're very minimal.
Basically, we -- our senior dogs and cats are $20 to adopt, our kittens
are $60 to adopt, and our dogs are $60 to adopt.
CHAIRMAN McDANIEL: But there is a fee?
MS. ANDRADE: There is a fee. But we waive fees quite often
depending on population.
October 8, 2019
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CHAIRMAN McDANIEL: I understand.
COMMISSIONER FIALA: Thank you. That's what I wanted
to know.
CHAIRMAN McDANIEL: Thank you, Darcy.
COMMISSIONER SOLIS: Hold on a second, Darcy, because --
and I have some similar questions. So, I mean, if a dog is adopted
from DAS and it has health issues, what do we do about it?
MS. ANDRADE: If an animal has health issues adopted from
us, we do have a veterinarian on staff who will examine the animals
and treat them appropriately.
We also offer three days of free pet insurance from anybody
who adopts from us as well. So there's a couple different options for
potential pet adopters of animals with health issues.
COMMISSIONER SOLIS: But, I mean -- but if somebody
adopts a dog and takes it home and then it becomes ill, is there a
return policy that we have? I mean, I'm just trying to -- I'm trying to
understand both sides of the issue.
MS. ANDRADE: Well, our goal, hopefully, is they don't want
to return the animal and that we can actually treat the animal. So
we'll work with the adopter to try to treat the animal for whatever
illness it may have.
COMMISSIONER SOLIS: And we absorb the cost for that?
MS. ANDRADE: We have animal care -- we have the Animal
Care Trust Fund that can help with that. But we also -- once again,
we do offer free pet insurance for people who sign up for that as well.
That's covered.
COMMISSIONER SOLIS: But this -- and I guess another
question is, does the lemon law apply to an adopted animal?
MS. ANDRADE: Shelter animals are exempt from that. There
are certain things -- somebody adopts an animal and wants to return it
to us, they are welcome to do so. If they want to return it to us within
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30 days, we will honor that -- we'll take the animal back.
COMMISSIONER SOLIS: Okay. So we do take them back?
MS. ANDRADE: Yeah. And if they want to adopt a like -type
animal, we'll allow them to do that at no charge.
COMMISSIONER SOLIS: Okay. That's all -- that's the only
question I had for Darcy.
I mean, I do have a question, if -- I'd like to hear from our public
health expert, Ms. Stephanie Vick. I mean, if -- I'd like to understand
how much of a public-health crisis this Campylobacter is. I mean,
this is -- this is, for me, one of -- maybe the -- one of the biggest
issues. I mean, is this something that we have to really be concerned
with? I mean, how much of a threat is it? Have we never had it in
Collier County? I'd like to get an idea -- an understanding of how
serious this is, because -- and I say that because I know that there are
other kind of animals that you can have as pets that also communicate
diseases. I mean, birds, reptiles. There's lots of different animals that
do this, and I'd like to understand from your perspective as our
public-health official how much of a threat is this.
MS. VICK: Good afternoon, Commissioners. I'm Stephanie
Vick. I'm the health officer and administrator for the Florida
Department of Health in Collier County. And I brought with me this
afternoon also Muhammad Abbasi, who's our director of
communicable diseases control and prevention.
So some of the statistics he'll be able to go over with you in this.
But Campylobacter is one of many diseases -- reportable diseases that
we track in Collier County. Last year we had 79 cases, so...
COMMISSIONER SOLIS: In Collier County?
MS. VICK: In Collier County, 2018.
COMMISSIONER SOLIS: Okay. And --
MS. VICK: However --
COMMISSIONER SOLIS: Okay.
October 8, 2019
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MS. VICK: And I'm sure anybody that is here could go onto the
CDC website and look up Campylobacter and find out that there are
many different ways to get Campylobacter other than through pets
and through animals.
You can get it through food that you eat. And usually it comes
from the intestinal tract of the animal. You could be eating chicken
and mishandled the way you prepared the chicken or undercooked it,
and you can get Campylobacter.
So it's not just a pet issue, but you can get it from pets, too. And
the people that are testifying today are correct that that is also a risk.
But I'm going to let Muhammad talk to you a little bit about the
different diseases, the incidence, and then if you have more questions
we can answer.
COMMISSIONER SOLIS: Okay. Thank you.
CHAIRMAN McDANIEL: Before you go away, Steph,
Commissioner Saunders, did you have a question for her?
MS. VICK: Yes.
COMMISSIONER SAUNDERS: Were any of those cases
antibiotic resistant, or are they just your standard?
MS. VICK: I'm going to let them talk, okay?
CHAIRMAN McDANIEL: Standard.
MR. ABBASI: Good afternoon. My name is Muhammad
Abbasi. I'm with the Florida Department of Health in Collier County.
So talk a little bit about the Campylobacter. It's one of the
reportable conditions in Florida. We have close to 100 reportable
conditions.
And Campylobacter last year was one of the top 10 reportable
diseases in Collier County. As Stephanie mentioned, there were 79
cases. And as she mentioned, there are multiple risk factors. It could
be eating raw, undercooked poultry, contaminated water,
unpasteurized milk, and also if you're exposed to feces of the
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animals.
So of the 79 cases last year, 47 percent of the cases reported
some contact with animals, but we cannot link specifically any cause
in any of the cases. And I'm not -- I don't think any of the cases were
antibiotic resistant.
CHAIRMAN McDANIEL: Very good. Thank you, sir.
MR. ABBASI: Thank you.
MS. VICK: Anything else?
CHAIRMAN McDANIEL: Checking.
COMMISSIONER SOLIS: If -- I don't know how to even ask
the question. I mean, is this something that we need to plan for as a
community, you know, in general? Is it something that if we were
going to allow the retail sale of animals that we would have to do
something different because of that? I'm trying to get an -- and
maybe these are unfair questions, but --
CHAIRMAN McDANIEL: That's not an unfair question.
COMMISSIONER SOLIS: I'm just trying to understand what --
MS. VICK: There's really --
COMMISSIONER SOLIS: -- how important this is in the
overall public-health picture.
MS. VICK: Yeah. There's no way for us to predict, if you open
a store like Petland, what impact that would have on the community
as far as Campylobacter is concerned.
COMMISSIONER SOLIS: Okay.
MS. VICK: I have no idea what their hygiene practices are in
the store --
COMMISSIONER SOLIS: Sure.
MS. VICK: -- what their incidence is. It would be something,
though, that would become very apparent if it opened and our cases
went up and we were tracking it and, you know, we could link the
cases back to the store.
October 8, 2019
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COMMISSIONER SOLIS: Right.
MS. VICK: But ahead of time, there's no way to tell, just no
way.
COMMISSIONER SOLIS: Okay. And those are difficult
questions, but I appreciate your candor. Again, I'm just trying to -- I
really want to understand how -- how this is going to affect public
health or how could it -- it could affect the public health in Collier
County.
MS. VICK: Yes.
COMMISSIONER SOLIS: Thank you.
MS. VICK: You're welcome. Thank you.
CHAIRMAN McDANIEL: Now everybody leans up to the
podium.
COMMISSIONER TAYLOR: Chairman, I believe that your
aide, your executive aide, has tabulated the emails, and I'd like to
know what that tabulation is, please.
CHAIRMAN McDANIEL: Plus-or-minus 520, plus-or-minus.
You've got the numbers right here. And there were 441 for and -- for
imposition of the ban and 98 in opposition of the ban. I'm saying
those that are pro-Petland.
COMMISSIONER TAYLOR: So 441 want the ban?
CHAIRMAN McDANIEL: Correct.
COMMISSIONER TAYLOR: Of the emails that we've all
received? They were sent to all of us.
CHAIRMAN McDANIEL: Well, I don't know whether they all
were received. Those are what I received.
COMMISSIONER TAYLOR: Okay. Okay. And then I
counted today -- and I know you were tabulating. I think we all were.
I counted 55 folks speaking on behalf of the ban and 15 -- 5, 10, 15,
20 against but then we had all these people that are employees of
Petland, so we know where they stand.
October 8, 2019
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I am very persuaded to ask for the ban. In conversation with
staff before this meeting, it's my understanding that our Domestic
Animal Services would support the ban. I don't think we can regulate
this; I really don't.
And I have very clear images in my mind of some breeding dogs
that I have seen trying to be adopted at my vet.
I think this doesn't prohibit people from buying purebred dogs,
which is pretty much what a pet store retail business does. So we're
not prohibiting that. What we're saying is we just don't want it as
retail.
So I would like to make a motion that we uphold a ban of the
retail sale of animals in Collier County.
CHAIRMAN McDANIEL: Okay.
COMMISSIONER FIALA: Even the ones at the DAS and the
Humane Society?
COMMISSIONER TAYLOR: No, ma'am.
COMMISSIONER FIALA: Okay.
CHAIRMAN McDANIEL: There's been a motion for -- and
that was not me. My pen's broken.
COMMISSIONER TAYLOR: It sounds like you were
correcting her.
CHAIRMAN McDANIEL: I'm sorry.
COMMISSIONER FIALA: I did, too.
CHAIRMAN McDANIEL: I've been a little dictatorial today,
so forgive me. There's been a motion to uphold the ban for retail sale
of pets. Is there a second?
COMMISSIONER SAUNDERS: Before we get to that point,
I'd like to make a quick comment.
CHAIRMAN McDANIEL: Well, we can -- okay. We want
to --
COMMISSIONER SAUNDERS: I just want to -- I'm not sure
October 8, 2019
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how I'm going to vote on this. It's one of those things where I've
flip-flopped in my head about 25 times.
So I'm going to listen to what other commissioners have to say.
But I do want to make it clear on the record whatever vote I do have,
it has nothing to do with the number of petitions one way or the
other. It has nothing to do with the number of speakers. It has
nothing to do with the number of emails pro or con. So I just want
that -- from my own personal statement, that that's not how I make
decisions.
CHAIRMAN McDANIEL: Nor do I, and I thank you for that. I
mean, I -- well, I certainly listened to the constituency.
COMMISSIONER SAUNDERS: You have to listen, but you
don't count them.
CHAIRMAN McDANIEL: I am here -- and I want to say this
today, and I've already said this once. But this is an enormously
emotional, highly politicized subject matter, and I don't think there is
a person either watching on that TV or in this room that is happy with
puppy mills or thinks they should be tolerated at all. I don't think
there's a person in this room that would advocate for the ill or
inhumane treatment of an animal ever. That's not why we're here
today. So it's really, really important.
I want to compliment everyone short of a -- short of a few
people -- Mr. Kepp, he left already -- that were misbehaviors. But for
the most part everybody was quite civil and respectful with regard to
allowing for -- even when -- even when people were called out
personally, you allowed for that to transpire. Right, wrong, or
indifferent, it's important. Because as Commissioner Solis pointed
out, this isn't a formal -- this is a hearing where we're going to make a
decision today but I wanted to compliment folks for that.
You keep hitting your button down there.
COMMISSIONER SAUNDERS: Yeah, I'm still listening.
October 8, 2019
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CHAIRMAN McDANIEL: Okay. I'm done. And it's
Commissioner Fiala's turn.
COMMISSIONER FIALA: I agree with you. I agree with
Commissioner Saunders, too. It's kind of hard to decide what you
want to do, but I have this thing in my head about government
overreach. It just bothers me that we're stepping in and telling people
what business they can and cannot have. I think if we're wanting to
regulate something, we should clear up the bad problems. But we
shouldn't be regulating who can come and who can't. So that's really
weighing heavily on me.
CHAIRMAN McDANIEL: Commissioner Solis, you lit up
but --
COMMISSIONER SOLIS: Yeah. One of the things -- I'm
sorry.
CHAIRMAN McDANIEL: No, don't. It's okay.
COMMISSIONER SOLIS: I mean, we -- we heard a lot today
about the Campylobacter and puppies, and at the end I think we had a
couple of speakers about cats. And so is the motion -- is the motion
to ban the sale of dogs and cats? Is it just dogs? I mean --
COMMISSIONER TAYLOR: The retail sale of animals in the
pet store.
COMMISSIONER SOLIS: Of animals? Because that's a whole
different thing. Because there are pet stores that sell reptiles, birds.
COMMISSIONER TAYLOR: Dogs and cats.
COMMISSIONER SOLIS: Dogs and cats?
CHAIRMAN McDANIEL: Stay on the microphone.
COMMISSIONER TAYLOR: I'm sorry. I'm sorry. I'm sorry.
And the reason that I feel so clear on this, you know, I -- look,
it's my experience as a human being and my experience in my life of
living on a farm and my experience of understanding how different
people treat animals depending on who they really are. And there's a
October 8, 2019
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huge difference in an organization that sells puppies from a breeder
retail versus an organization that takes in animals and makes
decisions that it's a no-kill shelter or that they're going to change the
way they do business in Collier County and try to save as many dogs
and cats as they can without putting them down.
There was a seat change in Collier County 10 years ago, eight
years with DAS where they -- the people in Collier County said,
enough of euthanasia. What are we doing? And they've made these
systemic changes to keep these animals alive and adopted to the point
where they work with other organizations like Humane Society.
I feel that -- very strongly that it's really a -- it's really a level of
awareness and what your goals are. And if your goals are
understanding that they're -- this animal needs to be treated in a
humane way, then you do that, and it's not -- it's not conflicted with a
goal of making $5,000 a puppy. Now I understand why they're in
that business, because we heard from someone said, well, if -- they
wouldn't be in the pet business if they didn't make money. I mean,
that is money.
CHAIRMAN McDANIEL: Commissioner Saunders.
COMMISSIONER SAUNDERS: A question for the County
Attorney. If we do impose a ban as proposed in the motion, we have
one existing business that's an online sales, and we have a proposed
business that has already, I believe, leased space or begun to work out
the leasehold improvements. Does that put us into any kind of a
taking situation or a liability situation?
MR. KLATZKOW: I've given you a proposed ordinance that
has already survived traditional challenge. That proposed ordinance
would put both those businesses out of the business. I included a
grandfathers clause because I do know we have an existing business
in the county, and just in case there was any existing inventory, you
want them to have the ability to wind it down.
October 8, 2019
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COMMISSIONER SAUNDERS: So there would be a time to
wind the business down?
MR. KLATZKOW: Wind the business down, yeah. I gave it
six months because after six months it's no longer a puppy, you
know. But whether or not the Board wants to grandfather the
existing business that's in town is up to the Board, not grandfather it.
It's up to the Board.
CHAIRMAN McDANIEL: Commissioner --
MR. KLATZKOW: I'd have to advertise it, so this is coming
back.
CHAIRMAN McDANIEL: Commissioner Solis.
COMMISSIONER TAYLOR: Oh, it is coming back?
MR. KLATZKOW: This --
COMMISSIONER SOLIS: This is just direction.
MR. KLATZKOW: This is just direction.
CHAIRMAN McDANIEL: Correct, in support of a ban or not.
COMMISSIONER SOLIS: Well --
CHAIRMAN McDANIEL: And a motion --
COMMISSIONER SOLIS: This is a really difficult issue. I
mean, I'm a dog lover. I've had labs all my life, and mine died
probably 10 years ago, and I'm still in mourning for Opie, Opie. My
sister's actually Aunt Bee, just so you know.
But, anyway, if bad breeders are the problem, then we need to
do something about bad breeders. We don't have anyone selling --
well, other than the one Puppies Online, I guess, that's selling online,
but we had a list -- a big stack of complaints of existing breeders. I
thought that's what Mr. Kepp was saying is that he's been following
this for years, and there are -- I'm assuming he was referring to bad
breeders already.
So my point is that if we want to address bad breeders, we
should address bad breeders. I don't know that banning -- banning a
October 8, 2019
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business gets to the heart of the problem, because if there's a problem
already and we don't have that business, it's already a problem. We
need to address the problem, not something that may or may not
indirectly affect it.
You know, we've heard all sorts of testimony on both sides.
Everything's great. Everything's bad.
I was concerned about the public-health issue and the
public-safety issue. I was surprised, you know, that there's been 79
cases in Collier County. I mean, that's was a surprise to me.
I just think we're -- we're not going to get at the issue -- if there
are bad breeders in Collier County now, and that's all we can deal
with, then we ought to get after that.
CHAIRMAN McDANIEL: As a point of clarification. I know
lights are going up here, but I just want to make it clear. It's not just
the breeders in Collier County. It's the importation --
COMMISSIONER SOLIS: I understand.
CHAIRMAN McDANIEL: -- of the puppy mills and from all
over the country, and with the rationale as to whether the ban would
effectuate that or not.
COMMISSIONER TAYLOR: And it's illegal. It's illegal to
breed in your house without a license. I can even show (sic) you can
do that.
CHAIRMAN McDANIEL: That was what Mr. Kepp was
speaking about.
COMMISSIONER TAYLOR: So he's talking about knowing
and being sort of grassroots on the ground for so long and
understanding where these trouble spots are, and I know where a
couple are.
CHAIRMAN McDANIEL: That one particular case --
COMMISSIONER SOLIS: Right, that's what I'm saying. But
that's a problem.
October 8, 2019
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COMMISSIONER TAYLOR: But there's also a problem of a
business that, in today, documented and was quite proud of the fact
that they use a particular breeder only to find out of the problems
with that breeder, which is that Blue Ribbon breeding facility, and
then to have it backed up with documentation of the problems in that
facility.
So it's really -- it becomes Collier County's problem if we
allow -- if we continue to allow the retail sale of pets. But if we stop
that and if we say no, we are starting to close that business down on
the supplier end, and so we start contributing to the welfare of
animals by saying no. It's a small way, but it's -- we can do this, and
it will make a difference. It's kind of like the -- what is it? And help
me with this. It's sort of the wave that keeps building as it goes
across the sea.
CHAIRMAN McDANIEL: I understand.
Commissioner Saunders?
COMMISSIONER SAUNDERS: Not too long ago we were
somewhat criticized in the Naples Daily News for taking a long time
to make a decision. We were dealing with the PACE program, and
we were dealing with short-term rentals, and that kept coming back
and coming back. And I think in both of those we ultimately made
the right decision. This is going to be the same thing. Whatever we
do today, this is coming back. We're going to have a long slog
through this issue.
I'm going to second the motion, and the reason I'm going to
second the motion is because I want this to come back. We're going
to hear more discussion. If this motion passes, then both entities are
on notice that we may very well ban the retail sale of puppies and
cats in Collier County. If the motion fails then, of course, we're not
going to be banning it.
Either way this has to come back. It has to come back with an
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ordinance to regulate or ordinance to ban. I don't think it's possible to
regulate, quite frankly. I came to that same conclusion when we were
dealing with the PACE program. I was a proponent of the PACE
program but came to the conclusion that residential PACE couldn't be
regulated.
I'm getting to the same conclusion on this as well, so I'm going
to second the motion. This will come back one way or the other. If
the motion passes, it will come back with a proposed ban. That
doesn't mean we ban, but it means that we will have an ordinance to
consider that. So I'll second the motion.
COMMISSIONER TAYLOR: Thank you.
CHAIRMAN McDANIEL: Commissioner Fiala?
COMMISSIONER FIALA: It makes me think that we're trying
to kill a mosquito with a sledgehammer, though. I think there are
other ways to come to a conclusion where somebody who has a
couple little kids and really wants a tiny puppy or a furry little, you
know, something, and they can't find it in a shelter, they can still go
out and buy one. Yes, maybe it isn't the kind that everyone wants
right now, but they have very good points. We regulate that, too, so
that, you know, you can make sure that the shops that we have here
are something that we can be proud of. I don't think you should just
go to stopping everything.
COMMISSIONER SAUNDERS: Well, just in reference to that,
this does not stop anybody from going online and buy ing from a
hobby breeder or from any other breeder anywhere in the country,
basically.
CHAIRMAN McDANIEL: Commissioner Saunders, I -- and I
understand what you're doing, but, you know -- you know, we do get
chastised -- we could make a decision here, and we could make a
decision to not ban. We could direct staff to bring back an
enforcement of a regulation.
October 8, 2019
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One of the issues that Mr. Kepp didn't really have an
opportunity to share with -- and I'll give a brief description of that
stack of papers and the hours that I spent on the phone with him, was
a woman who was breeding illegally at her home, had the dog -- the
female chained to the front porch while it was nursing puppies, and
she was cited. And then she didn't do anything about it and sold the
puppies, rebred the female again, and when she came back and was
drug in front of the magistrate to be prosecuted, she gave up the
mother and another set of puppies because she had bred her again.
And there was no -- there was no teeth in the enforcement aspect of
what ordinances we, in fact, have right now.
So -- and I concur with Commissioner Fiala. I don't think the
ban takes us where we need to go. I don't think the ban is the actual
answer for our community. I think engaging with the not-for-profits,
the people that are on the ground all day every day dealing with the
animal rights -- or the animal's rights and then putting teeth into
Darcy's enforcement officers to be able to actually physically
prosecute people -- and you can't say no -- you can, obviously,
disagree, Commissioner Taylor. But the circumstance is not the ban.
It's the enforcement.
COMMISSIONER TAYLOR: Can I respond to that?
CHAIRMAN McDANIEL: We're going to debate it, I'm sure. I
just don't agree with the ban.
COMMISSIONER SAUNDERS: Let me just suggest that --
CHAIRMAN McDANIEL: Your light's up.
COMMISSIONER SAUNDERS: If there's a hobby breeder, as
you've described, that's violating state and local law, we do have code
enforcement that should have been out there, so that's a separate
issue.
CHAIRMAN McDANIEL: I don't disagree.
COMMISSIONER SAUNDERS: We need to get at that as
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well, but that's a separate issue.
CHAIRMAN McDANIEL: And that's where I think engaging
with the community, the not-for-profits, the Humane Society -- I'm
not looking to take verbatim that that was supplied to us by the
Petland folks as the ordinance to be all, end all Collier County. I'm
looking to engage with the community and bring back an ordinance
that has teeth and provides for protection for the rights of the animals,
not the ban, so...
COMMISSIONER FIALA: And what we're not doing right
now: Fix it.
CHAIRMAN McDANIEL: Well -- and that's where --
COMMISSIONER FIALA: I mean, if they say, well, the rules
don't apply and people get away with it, well, fix it. I mean, we have
the power to do that.
COMMISSIONER TAYLOR: But the power we have to fix it
isn't -- doesn't -- the power we have to fix it is to say -- is to ban it
because what we're trying to fix doesn't exist as far as we know in
Collier County. Where it exists are the states in the Midwest. They
mentioned the Indiana and Ohio. I believe Arkansas was one of the
states. That's where these massive breeding facilities are.
COMMISSIONER FIALA: Okay. So then we can stop them
from coming in. Any dogs from so and so and this and this and that
you can't bring into our state.
COMMISSIONER TAYLOR: No, because it would -- because
the state is different. We just have to start with Collier County and
hopefully, hopefully, other communities such as Cape Coral, which is
a neighbor, and maybe Lee County will move towards it eventually.
We'll adopt the same ban which says that that -- that avenue to sell
dogs is now closed.
And given -- you know, given the testimony today, I'm -- from
fairly reputable organizations, I'm fairly -- I am convinced that it's
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accurate. And as I've said before from this dais, I've actually seen
these breeding dogs, the mothers, at local vets being -- you know,
being fostered and being held because they can't be alone b ecause of
what they've gone through.
So I know the stress that these things cause. I've seen it.
CHAIRMAN McDANIEL: Well, my contention is the ban
doesn't stop that. The ban doesn't stop that.
COMMISSIONER TAYLOR: But it's --
CHAIRMAN McDANIEL: You're not punishing bad actors by
the ban. You're actually punishing good actors. Someone like that
who has an opportunity to do something good for the community.
(Applause.)
COMMISSIONER TAYLOR: It depends --
CHAIRMAN McDANIEL: I'm going to ask -- even though you
kind of clapped for me, but some of you didn't -- I see you with your
thumb down. I'm going to ask for silence from the audience. This is
our debate and our vote. Whether you agree or disagree, you can see
which way this wind's blowing up here. Okay. Please.
COMMISSIONER TAYLOR: I'm not sure that it doesn't affect
bad actors, and what it does is, if we -- you know, Collier County --
we love Collier County, and it's our home, but there are other places
to go. There's other kinds of businesses to be created.
And I'm not so sure that banning the retail sale of pets does
anything bad. In fact, I think what it does is put Collier County as
one of the 70 jurisdictions in the United States of America that are
coming to the realization that we can't condone and participate in this
inhumane way of marketing animals.
CHAIRMAN McDANIEL: You're certainly entitled to your
opinion. I do not concur.
COMMISSIONER SAUNDERS: Mr. Chairman, is anybody
else speaking?
October 8, 2019
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CHAIRMAN McDANIEL: Let's do a vote.
COMMISSIONER SAUNDERS: Whatever we do, this is not
our final decision. But I'd like to go ahead and call for the vote,
unless there's further discussion.
CHAIRMAN McDANIEL: It's been moved and seconded that
we enforce a ban or direct staff to create a ban to -- or create a ban
that will eliminate the retail sale of puppies and kittens. Did I repeat
that well enough?
COMMISSIONER TAYLOR: That will prohibit or uphold a
ban.
CHAIRMAN McDANIEL: Yes. It's been moved and
seconded. All in favor, aye?
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN McDANIEL: All opposed, same sign, same
sound.
COMMISSIONER SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN McDANIEL: Aye.
It's 3-2 the motion fails.
Now --
COMMISSIONER SAUNDERS: Motion to regulate, then,
would be the --
CHAIRMAN McDANIEL: That was going to be what I was
going to do, but you go ahead.
COMMISSIONER SAUNDERS: No, no. You go ahead.
CHAIRMAN McDANIEL: I'd like to give direction to staff to
engage with community leaders, specifically the Humane Society;
I've been talking to them at length. Mr. Kepp, I've been talking to
him at length. I'd like both of the retail pet store folks to be involved
in the process and to bring back some specific regulations to allow us
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to eliminate the inhumane treatment of animals in our community.
MR. KLATZKOW: Well, we already have that in your DAS
ordinance, to be blunt. And you have the full ability of what the state
gives you to do. If what you want to do is to regulate this business
somehow, that I would suggest you send to your advisory board to
come back after hearings.
CHAIRMAN McDANIEL: One of the things, Mr. Klatzkow,
that I've got an issue with is the lack of enforcement that's going on
with the bad actors right now.
MR. KLATZKOW: You have enforcement. The problem is --
and I've had multiple conversations with Mr. Kepp. The problem is
you've got people who have no assets who are doing this.
CHAIRMAN McDANIEL: Right.
MR. KLATZKOW: So we take them to the magistrate. They'll
get fined. They have no money to pay the fine. They have no home
for us that we can foreclose on, all right. So it's a monetary fine.
So there's only so many things we can do. We could file $300 to
get them into county court for a $100 fine, but that doesn't really
make much sense.
I don't know what you can do, because this is a noncriminal
offense. And I understand that there's an issue there.
CHAIRMAN McDANIEL: Maybe we need to enhance the
penalization processes in some form or format.
MR. KLATZKOW: But the penalty is money for people who
have no money.
CHAIRMAN McDANIEL: I understand that.
COMMISSIONER TAYLOR: State law prohibits. It preempts
us from doing any more than we're doing.
COMMISSIONER FIALA: Maybe --
MR. KLATZKOW: What I'm saying is that we are doing
everything we can do, all right. But at the end of the day, unless the
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State's going to make these criminal matters, all right, I don't know
what else there is.
COMMISSIONER FIALA: Are there --
CHAIRMAN McDANIEL: It's already been -- we're not
hearing from the public, Tom. We're not hearing from the public at
this stage, okay. It's -- I've disallowed everybody else who's raised
their hands, so you're certainly not coming up.
The issue at hand is the capacity for our DAS, our law
enforcement agency that actually regulates this, to put a bite on the
bad actors, the inhumane treatment of an animal in some form or
format greater than that that we're already doing.
MR. KLATZKOW: And your advisory board can hear that and
come back with a report. My question to you is, do you want the
advisory board to look at -- assuming you have a retail store, what
they -- any sort of regulation on that retail store (sic) of pets?
CHAIRMAN McDANIEL: Absolutely.
MR. KLATZKOW: Okay.
CHAIRMAN McDANIEL: And Commissioner Solis and
Commissioner Fiala have other comments here as well, so...
COMMISSIONER SOLIS: Well, that's where I was going. I
mean, if the issue is we're going to have retail sales and the folks that
are wanting to engage in that are saying that they're playing way
aboveboard, then we need to hold them to that. And so I think we
probably can come up with some changes to whatever the regulation
is to make sure that they live up to what they said they're going to do
and that -- I mean, why couldn't we -- they have money, right? I
mean, the people that have no money, no way for us to enforce things
against them, that's one thing. But we're here today, and we spent
five hours talking about a retail operation from a company that has
multiple stores and the online folks.
We should be able to put some teeth into the ordinance that
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would affect them and to hold their feet to the fire to make sure that
what they've said they're going to do they're going to live up to in
Collier County.
CHAIRMAN McDANIEL: There is a proposed ordinance that
Commissioner Saunders and I have seen that has been brought
forward by the folks that would help regulate the retail side of things.
But I actually also know there are other issues that are going on with
the enforcement against those that are treating animals inhumanely,
and I'd like to see that enhanced as well.
So -- well, I'll amend my motion to bring back a resolution to
enhance the regulation of the retail sales that we currently have.
MR. KLATZKOW: Are you directing staff to work with the
advisory board to come back with a proposed ordinance for the
Board?
CHAIRMAN McDANIEL: Why doesn't he make the motion?
MR. KLATZKOW: I'm trying to get clarity, sir -- that's all I'm
trying to get -- for what the Board wants.
CHAIRMAN McDANIEL: Yes. Work with the advisory board
and bring back a resolution to -- I don't know how much more clear
that I could be with regard to the regulation of the retail industry.
COMMISSIONER FIALA: And that could extend to other
things. Like, for instance, if they see that the shipments come from
Ohio -- they were mentioning Ohio a lot -- then don't accept any pet
shipments from Ohio, and try to eliminate that problem altogether.
Maybe there are other --
CHAIRMAN McDANIEL: Please hold folks. Hold folks.
COMMISSIONER FIALA: -- things that they could brainstorm
about. I just don't know. But I think we can't just make that decision
right here.
CHAIRMAN McDANIEL: You okay?
COMMISSIONER FIALA: I think they need some meetings,
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whether it be to have a workshop or something like that.
COMMISSIONER SOLIS: I'll second the motion.
CHAIRMAN McDANIEL: Okay.
COMMISSIONER SOLIS: I think the question is whether or
not to go back to the advisory board, or do you just want staff to do it.
CHAIRMAN McDANIEL: Well, no. I want engagement with
the advisory board, at which point the community has an opportunity
to put input, both the retailers, both the non-retailers, the Humane
Society, the not-for-profits --
MR. KLATZKOW: You want this sausage-making to be done
with the advisory board rather than having to come back here for
another eight-hour hearing?
CHAIRMAN McDANIEL: They're all going to come back
again and try to tell us why we ought to do something else, so we're
okay with that.
COMMISSIONER SAUNDERS: Mr. Chairman, on the motion,
just to give staff some information. We were provided quite a bit of
information from Petland concerning the quality of their breeder, and
so whatever ordinance we have, I want to make sure that we insist
that Petland or other retail markets have these types of things and that
there's some teeth in these types of things. That will get to the
breeders to some extent.
COMMISSIONER TAYLOR: But also I'd like to understand
the budget requirements that need to be made so that the DAS can
hire more people, because if we're going after breeders and if we're
going to do -- so we need to have a clear estimate about how many
more people need to be hired with a budget amendment.
CHAIRMAN McDANIEL: All right. That's a good idea. In
some form or fashion we know that there's expense associated with
this. Did I -- Commissioner Saunders, did I skip you?
COMMISSIONER SAUNDERS: No, I'm just taking a walk.
October 8, 2019
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COMMISSIONER TAYLOR: Taking a walk.
CHAIRMAN McDANIEL: He's just taking a walk.
Commissioner Fiala, do you have anything else to say?
COMMISSIONER FIALA: No.
CHAIRMAN McDANIEL: All right. It's been moved and
seconded that we reach out to the advisory committee and develop an
ordinance to further regulate the retail sales, and I also want the
provision of enhancement of the punishment on the bad actors. All in
favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER TAYLOR: Opposed.
CHAIRMAN McDANIEL: 4-1.
MR. OCHS: Would you like to take a break, Mr. Chairman, for
the court reporter.
CHAIRMAN McDANIEL: Yeah, it's probably -- our poor court
reporter's typing like there's no tomorrow. We'll be back at 3:10.
(A brief recess was had from 2:59 p.m. to 3:11 p.m.)
CHAIRMAN McDANIEL: Sorry, Leo. I know you were
heading off in another direction. We need to get this moving. I'm
past -- I'm one minute past the stated 3:10.
Item #11E
THE SELECTION COMMITTEE'S RANKING AND AUTHORIZE
STAFF TO ENTER INTO CONTRACT NEGOTIATIONS WITH
DAVIDSON ENGINEERING, INC., RELATED TO REQUEST
FOR PROFESSIONAL SERVICES NO. 19-7650, “GOLDEN
GATE GOLF COURSE REDEVELOPMENT PLANNING AND
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ENGINEERING." MOTION TO APPROVE W/CHANGES -
APPROVED; MOTION FOR STAFF TO BRING BACK AN RFP
FOR THE DESIGN QUALIFICATIONS AND REQUISITES -
APPROVED; MOTION TO SOLICIT AN RFP FOR INTERIM
OPERATIONS – APPROVED
MR. OCHS: Commissioners, we're moving to Item 11E. This
was the item that Commissioner Fiala had requested be heard as close
to 1:30 as possible. So how we doing so far, Commissioner?
COMMISSIONER FIALA: Pretty close.
CHAIRMAN McDANIEL: 1:30 or so.
MR. OCHS: You did say 1:30 in the afternoon, right, ma'am?
Okay. 11E is a recommendation to approve the selection
committee's ranking and authorize staff to enter into contract
negotiations with Davidson Engineering related to requests for
professional services for the Golden Gate Estates Golf Course
redevelopment planning and engineering project.
Mr. Geoff Willig from the County Manager's Office is here to
make the presentation or answer questions from the Board. I
understand we do have speakers as well, Mr. Chairman.
MR. MILLER: Yes. I've got about 23 speakers.
COMMISSIONER FIALA: There's not 23 people here.
MR. MILLER: The ceding-time people all signed up on one
sheet, so it's difficult for me to count this way.
CHAIRMAN McDANIEL: Okay. We'll go through them as
best as we can.
MR. WILLIG: All right. Good afternoon, Commissioners. It's
hopefully a pretty simple item.
This is just to approve the selection committee's ranking of the
form -- four firms and give us direction to go ahead and start
negotiations with those firms. But we figured we'd also take this time
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ahead of the negotiations to get some guidance from you guys on
what you would like to see or not see on the golf course. That would
help us with the negotiations and kind of refine our scope.
So if you have any direction of things that you would like to see
happen to the golf course property or things that you don't want to
see, I'd love to hear that.
CHAIRMAN McDANIEL: Okay. Commissioner Saunders?
COMMISSIONER SAUNDERS: Thank you, Mr. Chairman. I
know we have a bunch of speakers, and I'm not sure if everyone's
going to need to speak on this particular item.
But let me tell you kind of where I'm thinking we are looking to
go. I started off being opposed to golf, and there were four of us on
this commission that voted against a public golf course.
Commissioner Fiala has been steadfastly supportive of that.
But I was supportive of, and the Board accepted the
recommendation to acquire the golf course, and then we would sit
back and figure out what we wanted to do with that property.
So to the benefit of this commission, we purchased that g olf
course, and now we have those options. This -- just so you know,
this is part of a process to really engage in some renewal in that
Golden Gate City community. We purchased the water/sewer
system, which was a major thing.
CHAIRMAN McDANIEL: Amazing.
COMMISSIONER SAUNDERS: We're engaging and we
created an Economic Development Zone to help make improvements
in the commercial areas. We're looking at some zoning overlays.
We're really making some -- I think, some major headway in helping
to improve the quality of life in that whole community.
So now we're back on the golf course. And I've done a lot of
research over the last 90 days on different possibilities of how we
could actually have a golf course out there, a public golf course
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where the county doesn't have to spend any money. And, of course,
you know, that doesn't sound possible, but we have a way to do that.
There are estimates that to turn this into a really first-class golf
course at this point there would have to be a capital investmen t of
somewhere between 3 to 5 million dollars.
And we also recognize that municipal golf courses don't tend to
make money. They tend to lose money. That's pretty generally
known. And so what I think we may be able to come up with is a
way that we basically engage in a triple-net lease where we have an
operator operate the golf course where there's no responsibility of the
county in terms of any losses; that the county doesn't have to put up
the 3 to 5 million dollars to turn this golf course into somet hing that
would be people -- something that people would be very proud of,
but in order to do that, we have to have some commercial component
with that.
And so the purpose of this particular request for proposals is to
have an engineering firm that has experience dealing with golf
courses to help us design a golf course there along a couple tracts that
would be used for commercial purposes.
So, for example, one of the things I've been very much
interested in is a veterans nursing home, and we have a great location
for that. We have $30 million in the sales-tax referendum for that.
We have land. We have a great story to tell. We have over 20,000
veterans in Collier County, and we need that type of facility. There's
a great location right on Golden Gate Parkway and 951 where that
would fit.
CHAIRMAN McDANIEL: I think we're meeting with the
veterans association next week.
COMMISSIONER SAUNDERS: We are definitely doing that
in Washington to move that item along. We're also meeting with the
folks in Tallahassee to do the same thing.
October 8, 2019
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We're looking at the possibility of some essential-personnel
housing. We have a not-for-profit that's offered up a substantial
amount of money to build a not -- an essential person --
essential-personnel type of facility, greatly reduced rents. We have
land there where we could do that. This would be property that
would be deed restricted for certain types of employees: Nurses,
firefighters, schoolteachers, people that are considered to be essential
public-service providers, something that would fit greatly in that
community.
And then we have the opportunity along with this golf course to
have a commercial operation where the manager of the golf course
would manage the commercial operation that would provide for
entertainment, it would provide food service, all of which is auxiliary
to a golf course. You generally have food operations. You have --
sometimes you'll have -- you know, you'll have a driving range.
You'll have those types of facilities associated with the golf course.
The purpose of this RFP to have an engineering firm help us lay
out what this configuration could look like for all of these uses.
I know there's a lot of interest in having an 18-hole golf course.
I'm not interested in an 18-hole golf course, personally, because we
can't do other things. We can't get an operator that would operate it
at no risk to the county.
So this was something that this engineer would -- engineering
firm would look at, but I've mentioned this to the community that we
may be looking at a 12-hole golf course, which sounds a little
strange, but the PGA and other professional golf associations are
indicating that this is really the wave of the future.
Millennials, for example, don't like playing 18 holes of golf. So
if you want to play, you play 12 holes. If you want to play 18 holes,
you play another six. So you get your 18 holes in, but you have a
first-class quality golf course, smaller footprint, cheaper to build, a
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little bit cheaper to operate.
And I see people are shaking their heads, but I'm going to tell
you, it's either going to be 12, in my view, or none.
COMMISSIONER FIALA: Why?
CHAIRMAN McDANIEL: It could be --
COMMISSIONER SAUNDERS: I've already explained why;
because there's some other facilities out there that I think are
important. But you cannot operate a golf course and make a profit,
and the county's going to have to come up with millions of dollars to
turn that into a first-class golf course, and I'm going to support doing
that.
I am supporting this type of an RFP where we look at some of
those other uses, that we look at what I think is kind of the wave of
the future in terms of golf courses anyway.
So that's why I've asked for this to be on the agenda.
CHAIRMAN McDANIEL: Okay. And I have two lights.
Three. Commissioner Taylor.
COMMISSIONER TAYLOR: Thank you, Commissioner
Saunders, because you have echoed many of my -- or you have -- I
echo many of your comments here.
As a matter of fact, I did have a conversation with some First
Tee folks last night who said, you know, 9 holes would be fine. We
don't need 18 holes. So there's a lot of possibility here.
Plus, not only is this facility for housing going to be essential
service, it's also going to be for our seniors, and that's -- and there are
substantial amounts of money being put towards this.
So it is a wonderful opportunity to have, which -- it's almost like
a campus. It's almost like a park with golf and with recreation and
also it'll become a centerpiece in Golden Gate. It'll just enhance the
property values. And I think it will be a great asset to the folks who
live on this land. Great asset.
October 8, 2019
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CHAIRMAN McDANIEL: Great. Commissioner Fiala.
COMMISSIONER FIALA: Yes. Well, I listened, and I heard.
I think that this is a piece of property that we'll never see again. It's
130 acres; 130 acres.
COMMISSIONER SAUNDERS: Hundred and sixty -seven.
CHAIRMAN McDANIEL: Hundred and sixty-seven.
COMMISSIONER FIALA: Hundred and sixty -seven. Good.
We need to have the 130 for an 18-hole golf course. That's what we
need.
(Applause.)
CHAIRMAN McDANIEL: Gentlemen, same thing goes.
COMMISSIONER FIALA: And right now we're building a lot
of housing, which is great. That's just wonderful. They also have a
lot of housing in Golden Gate.
But they -- a golf course with 18 holes, especially when -- if it's
affordable golfing for the future forever and ever, affordable. That's
something we don't have. And I think we do need it.
We have a well-rounded sports package right now with just
about everything except municipal golf, and if we start building an
18-hole golf -- well, we're not even going to have to build it. The
people that are there are going to build it for us. They're going to
operate it for us, and it won't cost us any money. Now, they say it
won't work because of millennials but, you know, there's a lot of old
people coming in.
CHAIRMAN McDANIEL: We call them people of age.
COMMISSIONER FIALA: Oh, I was going to say old farts.
And I think that they come here because they can't golf up north, and
they love to come down here. You still see that all the time. And I
think that if we build -- if we had these people who are going to build
it -- I'm sorry. Can I -- this is a good idea. Just -- okay. Just listen.
CHAIRMAN McDANIEL: It's okay.
October 8, 2019
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COMMISSIONER FIALA: And if they build it and put it
together and they say it won't cost us any money, still we'd have
the -- we'd have acreage for the veterans place -- we need to do that
definitely -- and see if this will work. You know what, if it doesn't
work say -- for instance, five years goes out, and that's plenty of time
to do everything we need to do, and if it doesn't work, we haven't lost
anything. We just take a part of it and put it down to whatever we
want as far as the housing goes.
Meanwhile, the people who are chipping in to build the housing,
because it's not going to cost us any money, all they want is our land,
well, heck we've got other land. All they need is 30 acres. We can
give them other land. Build that same old housing and yet not
sacrifice something that we'll never have again, folks. We'll never
have again.
CHAIRMAN McDANIEL: Point well made.
Commissioner Solis.
COMMISSIONER SOLIS: I've been probably one of the
staunchest opponents to running it as a golf course, but I think this is
a fantastic idea to go out and have a firm see if they can design
something that makes sense and we can do a little bit of everything
that we need.
So if Commissioner Saunders was making a motion, I would
probably very vociferously second that motion.
COMMISSIONER SAUNDERS: Well, I was going to make the
motion. There's a couple of little aspects of this that I want to add.
COMMISSIONER SOLIS: I would want to say one other thing
as well. Whatever the agreement would be -- because I'm very
skeptical that it's not going to cost us something. I'm just --
COMMISSIONER FIALA: We can always find out.
COMMISSIONER SOLIS: I'm very skeptical that at some point
it's not going to cost the county something. But if it does not work
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out, I want to make sure that in the -- whatever agreement we have,
that if it doesn't work out and the county has to step in, that, okay, we
tried it, and we need to move on.
COMMISSIONER FIALA: You mean first build -- not us build
it, but first they build the golf course.
COMMISSIONER SOLIS: Whoever it's going to be, right.
COMMISSIONER FIALA: See if it can take care of itself, it
can handle its own expenses, and still we have set aside for the
veterans.
COMMISSIONER SOLIS: Right, veterans and eve rything else.
COMMISSIONER FIALA: If it doesn't work, then take it back
because it's ours anyway. We won't have lost the property then, but
we can always use it if it doesn't work out. But at least we say we
tried.
Thank you. I'll second that.
CHAIRMAN McDANIEL: Well, it's been -- you be careful
about what you're seconding, because he's not --
COMMISSIONER FIALA: Oh, I thought I just second --
CHAIRMAN McDANIEL: He's not agreeing with you. He's
agreeing with Commissioner Saunders.
COMMISSIONER FIALA: Oh, oh. I'm sorry.
COMMISSIONER SAUNDERS: Well, I think that actually
what Commissioner Fiala's looking for is included in this, because
this engineering firm's going to look at 12 holes or 18 holes.
CHAIRMAN McDANIEL: Or nine.
COMMISSIONER SAUNDERS: Or nine, because that's not the
decision point today. So they're going to be looking at laying this
out.
But there are a couple of aspects of this that are important I want
staff to understand. One is that whatever -- however we do proceed,
if we do have an 18-hole golf course or a 12-hole golf course, I want
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to make sure that an organization such as First Tee is incorporated
into that. And from some of the people that I've spoken to that are in
this business, they know First Tee, they like First Tee. They would
bring them in and have a great -- a juvenile youth golf program out
there. It's consistent with what they would want to do with what
some of these entities would want to do.
COMMISSIONER TAYLOR: Yes.
COMMISSIONER SAUNDERS: It would be a youth
community educational life-skills component. And also, when we
get down to the -- after we get some engineering design work, we'll
do an RFP. We'll make sure that we have an entity that has the
financial capability to do all of this and make sure that we have no
financial responsibility.
COMMISSIONER FIALA: Let me ask what "all of it" means.
Eighteen holes?
COMMISSIONER SAUNDERS: No decision today on 18
holes. Vote against the motion, that's fine, but no decision on 18
holes.
CHAIRMAN McDANIEL: We're not deciding today on 18 or
what?
COMMISSIONER FIALA: Well, if the design team is going
out, what are they going to design?
COMMISSIONER SAUNDERS: They're going to help lay out
what the options are. That's all.
CHAIRMAN McDANIEL: A 9-hole course, a 12-hole course,
the veterans home, the apartments along 951, all of those.
COMMISSIONER FIALA: Yeah. And 18 holes --
CHAIRMAN McDANIEL: And a potential 18-hole course.
And it can be --
COMMISSIONER FIALA: So you already decided no? I
mean, I hear Penny saying very clearly she doesn't want it.
October 8, 2019
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COMMISSIONER TAYLOR: No, I don't think there's room.
COMMISSIONER FIALA: Well, then why do we have to -- is
there a -- is there a necessity -- let me just ask this: Is there a
necessity to build the housing on that piece of property before we
find out if this golf course would be essential? Because we do have
other land.
COMMISSIONER SAUNDERS: There's no necessity to put
housing on there at all. There's no necessity to put a veterans nursing
home on there. There is a necessity, if we're going to have a golf
course, in my view, that it doesn't cost the county anything.
COMMISSIONER FIALA: Right.
COMMISSIONER SAUNDERS: And so the engineering firm
will take a look at what the options are, and then at some point we'll
do a request for proposals for entities that can come in and fill the
need.
COMMISSIONER FIALA: See, I think, we're saying the --
COMMISSIONER SAUNDERS: I'm not going to change the
motion.
COMMISSIONER FIALA: Huh?
COMMISSIONER SAUNDERS: I'm not going to change the
motion.
COMMISSIONER FIALA: I'm not asking you to change it.
I'm trying to make sure -- so you're saying -- you're still talking
nine-hole and 12-hole, not 18-hole, and you're still -- and that's it,
period? Is that it?
COMMISSIONER SAUNDERS: I'm saying that as far as this
request is for the assistance, they can take a look at nine holes and 12
and 18 holes, it doesn't matter. We're not making a decision on what
type of a golf course we would have there.
This gives us an opportunity to have some professionals take a
look at what can be laid out there, how much it's going to cost, and
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how we can go forward.
CHAIRMAN McDANIEL: Where it can go and what's left.
COMMISSIONER SAUNDERS: The sole purpose of this.
COMMISSIONER FIALA: Question: While these
professionals are doing that -- now we've been told from First Tee
that the people that they're working with can make this work on an
18-hole golf course without spending any money at all, and if they
say that, would you be amenable to try to move forward without the
housing right now just to see if -- you know, you could always prove
them wrong, or they could always prove us wrong.
COMMISSIONER SAUNDERS: When we get to a point where
we do a request for qualifications, we'll make sure that there's --
whoever comes forward with a proposal has the financial capability
to do this. First Tee and KOVA can propose just like anybody else
can.
CHAIRMAN McDANIEL: That's a long way of saying, yes, he
would be amenable to looking at that.
COMMISSIONER FIALA: So it's not 18 holes is off the table.
COMMISSIONER SAUNDERS: Nothing's off -- I'm stating
my position in terms of 18 holes because I don't want people to get
the idea that somehow all of a sudden I've decided that we're go ing to
have a -- my view we're going to have a golf course out there and
nothing else. I'm not changed my view on that.
I do believe that we can do a scaled-down golf course that will
be very professionally run that will be an asset to the county and the
community, and we still can do some of these other things out there
and not have any financial obligations on the part of the county.
CHAIRMAN McDANIEL: That's the biggest thing now is
financial obligation, correct?
COMMISSIONER SAUNDERS: Yes.
COMMISSIONER FIALA: I mean, you want to make sure that
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there's none of that.
COMMISSIONER SAUNDERS: That's correct.
COMMISSIONER FIALA: And we, by the way, have never
said that on anything else that we have no financial obligation to the
swimming pools or anything. We're even going along with that even
though it will cut that golf course short. But the housing seems to the
sticker here, and I know especially on Penny's part. And right now
we've built so much. We don't really need it now. What -- but we
could always get the land because we've got a package of land that
we have sitting out there that we could use for it, right, because they
want the land free, right?
COMMISSIONER TAYLOR: With the housing?
COMMISSIONER FIALA: Yes.
CHAIRMAN McDANIEL: No.
COMMISSIONER TAYLOR: The people with the housing
are -- there are two entities. One is a highly respected -- two of them
are highly respected. One is worldwide known. And they are willing
to come in and underwrite this facility, and, yes, they need t he land.
The idea of -- have no cost for land is important.
COMMISSIONER FIALA: Did you just hear that?
CHAIRMAN McDANIEL: I did just hear that, but I don't have
to agree with either one of you with regard to a middle.
COMMISSIONER TAYLOR: But it's for the people that we're
always concerned about, which is essential service and also our
seniors.
CHAIRMAN McDANIEL: Right.
COMMISSIONER FIALA: We're building a lot of that stuff
now.
COMMISSIONER TAYLOR: No, we're not, ma'am, not where
it's below market rate.
CHAIRMAN McDANIEL: Those are market. Those are all
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market things, except for that last Allura project.
COMMISSIONER FIALA: Why don't you build some in the
city?
CHAIRMAN McDANIEL: Can we go to -- can we go to
Mr. Casalanguida. And then I'm going to -- I've got to -- well,
Commissioner Taylor. Then I've got a couple comments.
MR. CASALANGUIDA: Just to recap a little of your
conversation, Commissioners, just in Commissioner Saunders
comments, I think I heard the three components that the firm would
start looking at.
It might be helpful, sir, if we put out the RFP as soon as possible
because you'd want -- if you want to pick a partner, then they'd start
with the design team as soon as possible, so that's the only
clarification.
COMMISSIONER SAUNDERS: If you could -- if staff could
put together the RFP, that would be great.
MR. CASALANGUIDA: Sure. So two paths. You're selecting
the firm, and the direction we're getting so far, ahead of public
comments, would be that we look at those three components, the
veterans nursing home, golf up to 18 holes, and some housing -- and
a housing component, then solicit for a partner that would help
develop and provide that pro forma that would look at that piece of
property as we develop it.
CHAIRMAN McDANIEL: Correct.
MR. CASALANGUIDA: Okay.
COMMISSIONER TAYLOR: That's good.
CHAIRMAN McDANIEL: That very well sums it up.
And I just -- you know, Commissioner Saunders, you said it
regularly, and I don't want to get out in front of the millennials --
can't figure out why they don't want to play 18 holes, but -- because
that's what you're supposed to do. I grew up on a nine -hole
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municipal golf course. We played it twice. And, by the way, when
you're me, it's a whole new course, so every nine you go do. So it's --
18 holes is not off the table yet.
COMMISSIONER FIALA: Okay. I heard you.
CHAIRMAN McDANIEL: The veterans hospital, I think we're
all -- we all are in agreement on in some kind --
COMMISSIONER SAUNDERS: Not a hospital. A nursing
home.
CHAIRMAN McDANIEL: Nursing home. Forgive me. I say
veterans hospital. There is a large difference, so...
COMMISSIONER FIALA: Could we hear from the audience
before we vote.
CHAIRMAN McDANIEL: Absolutely. We're not going to
vote. Commissioner Taylor wants to make a comment, and then
we're going to go to the public.
COMMISSIONER TAYLOR: Just -- again, we've been given
an opportunity, and I think this will become almost the Central Park
of Collier County in so many ways. I think that there's an
opportunity to enhance this area. I know for folks who've lived with
it for so long they can't imagine it more beautiful if we're putting
buildings on it. You'll be -- you'll be amazed. I think this is -- this is
a great creative endeavor that is going to define Golden Gate in the
ways that the citizens who live there want it to be defined.
So I look forward to the creative process, because that's what it
will be.
CHAIRMAN McDANIEL: Thank you. Let's go to public
comment now, Troy.
MR. MILLER: Your first speaker is Nolan Rheam. He'll be
followed by Cindy Darland. If I could get you to use both podiums,
please. Thank you.
COMMISSIONER SOLIS: I was going to tell you, I grew up
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playing tennis on half a tennis court, and you had to run a lot, just so
you know.
COMMISSIONER SAUNDERS: Both teams on the same side?
COMMISSIONER SOLIS: Yeah. You had to run around a lot.
CHAIRMAN McDANIEL: That's just wrong.
COMMISSIONER SOLIS: Sorry.
MR. MILLER: Mr. Rheam.
CHAIRMAN McDANIEL: I'm sorry. Forgive me. I think --
Cindy, are you first or you, sir?
MR. MILLER: Mr. Rheam.
MR. RHEAM: Thank you very much. My name is Nolan
Rheam. I am a golf professional here in the area and an advocate for
golf.
I am -- a little bit about myself. I grew up in the golf business,
and everything that is good has come to me through golf. I met my
wife at a golf course. I've -- my dogs are named Bogie and Mulligan,
so I am definitely a golfer and just an absolute advocate to what it can
provide, not only the average golfer, but especially youth.
And having worked with The First Tee, I've seen firsthand some
of the situations that we're trying to lift these kids out of, and I've
seen it done successfully on a number of occasions, and that's just in
the short time that I've volunteered some of my time with the
organization.
I think affordable golf for the locals is definitely something that
faces the county here. The number is dwindling, and I really think
there's an opportunity to have a very profitable public facility if not
run by the county, run by somebody else. I think there's a huge
market that would allow for somebody to really do well at that
location.
Again, it's a tremendous outlet, it's a productive outlet, and it
really teaches youth and every golfer a lot about life and how to
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navigate trouble situations and follow the rules and call penalties on
yourself. So I just can't be a bigger advocate for golf, affordable golf,
at that location.
And I know a number of juniors that -- they'll walk there on a
daily basis from their house. And it's just -- it's been tremendous to
see, and I look forward to continuing my involvement, and I
appreciate everybody's time.
Thank you very much.
CHAIRMAN McDANIEL: Thank you.
MR. MILLER: Your next speaker is Cindy Darland, and she
will be followed by David Marren. Now, Ms. Darland has additional
time ceded from Jeff Jones. Are you present? And Derek
Clemmensen?
MS. DARLAND: I think Jeff is gone but Derek's here.
MR. MILLER: Okay. That will be a total of six minutes.
COMMISSIONER FIALA: Is that both of you back there?
CHAIRMAN McDANIEL: No.
MR. CLEMMENSEN: I'm Derek.
CHAIRMAN McDANIEL: He was just waving at me.
MS. DARLAND: Good afternoon. My name is Cindy Darland.
I'm Executive Director of The First Tee here in Collier County.
As many of you know, we have talked with you, met with you.
The First Tee is a youth development program that teaches core
values, life skills, and healthy habits through the game of golf.
We currently are reaching over a thousand young people in
Collier County plus their families. With the support of our
cofounding sponsors, Arthrex Incorporated and Collier Enterprises,
we opened our doors in December of 2007 at our home course of
Golden Gate Country Club.
To this day Arthrex is still our exclusive founding sponsor along
with local trustees, national trustees, area businessmen and women,
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along with Collier County Public Schools, and many of our
wonderful families here in Collier County.
Not only do these community leaders believe in our mission, but
they also believe in our history and the ability to deliver a stellar
program to our young people and a product that will enhance Collier
County as well as the tourism industry.
Golf is the one sport that knows no boundary when it comes to
age or skill level. Golf is considered a lifetime sport and, for many of
our community members, Golden Gate Golf Course is their last
venue to continue this lifelong sport.
We see families, we see adults, we see youth out on the golf
course enjoying the camaraderie of the game. It's a social outlet
providing overall mental health to our young and old alike. The First
Tee provides the opportunity for all children ages 7 to 18 to
participate in an individual sport while being in a group setting
socializing with other young people, making lifelong friends in
person versus through their social media devices.
The First Tee would be honored to partner with Collier County
during the interim or, most importantly, in the long-term
redevelopment of Golden Gate Golf Course. We are proposing to
keep golf at Golden Gate, whatever that number of holes may be, to
revitalize the golf course and enhance the facility to be used by all
residents of Collier County as well as the many wonderful tourists.
Our team of experts would work with you to incorporate the
veterans facility through the PGA HOPE program and what a
wonderful recreational outlet for our essential workforce component
to have a golf course in their backyard. We would bring to the table a
well-designed public golf course and a driving range that all Collier
County residents would be proud to call their home course.
So thank you for your time and your consideration.
CHAIRMAN McDANIEL: Don't go away, Ms. Cindy.
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MS. DARLAND: Okay.
COMMISSIONER FIALA: So you stress continuously,
actually, youth.
MS. DARLAND: Pardon me.
COMMISSIONER FIALA: You stress youth, right?
MS. DARLAND: Correct.
COMMISSIONER FIALA: So you're really focusing on the
youth.
MS. DARLAND: Yes.
COMMISSIONER FIALA: But what about the seniors? I
mean, is there -- do you think the seniors are also needing this?
MS. DARLAND: Absolutely. We are all -- when I
mentioned -- I mentioned a lot of adults -- or a lot of youth, but I'm
also mentioning the adults and the seniors in Collier County.
Many of our volunteers are seniors in Collier County, and it's
very -- it's a great mentoring program that we have, that we have our
adults come in and help the kids, and they're great mentors for our
young people, absolutely. I'm a golfer, and I enjoy Golden Gate.
And so -- there's not very many facilities in Collier County where we
can go if you're not a member of a golf course to hit golf balls.
I love the driving range. I mean, in Collier County there's no
driving range. Yes.
COMMISSIONER FIALA: So tell me, we're having -- it's
bantered about, and I think I'm on the losing end of most everything
here --
MS. DARLAND: No, no, no, no.
COMMISSIONER FIALA: -- as far as this either -- I'm sorry,
nine holes or 12 holes or 18 holes. How would you feel about that as
far as -- you just said you didn't mind just as long as it remained a
golf course. But what do you think would be the most advantageous
thing for our community?
October 8, 2019
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MS. DARLAND: I've always advocated for the 18 holes, but I
also am not an expert in design. So I feel with all the wonderful golf
course architects -- and Peter Jacobsen is on our team. He's offered
to come in and help with that design if needed. He's an expert in the
designing of a golf course.
Whatever the design experts come up with with that parcel of
land, I think we can make it an outstanding facility and one that
Collier County residents would be very proud of.
COMMISSIONER FIALA: So then the youth would like how
many holes and the seniors would like how ma ny holes?
MS. DARLAND: We work together, you know. And I think
for what I can speak, I just -- you know, whatever the design team
can come up with.
Ideally, you know, I'm always for the 18 holes, but I also think
you can play nine holes twice. You ca n play -- like, Commissioner
Saunders said, you could play 12 holes and play, then, another six
holes. But it has to be the right design team. You can't just have -- I
can't just go out and design the golf course. It has to be the right
design team to make it creative and something interesting that all of
us want to play and our whole community would be proud of.
There's not a facility like that anywhere in our neighboring
counties. So I think we could really attract some great tourists, some
great visitors in our community with the right designed golf course
and practice facility.
There's a lot of -- with the new practice facilities -- I know
there's a Top Golf. We could make a Top Golf facility just as it is
now without having the 14 stories. You can make the driving -- you
can make the driving range electronically and engineering exciting.
So it doesn't have to be, you know, your normal driving range. The
engineering is out there.
CHAIRMAN McDANIEL: And that's what we're -- and that's
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what we're going to do to explore those alternatives.
COMMISSIONER FIALA: I never heard of Top Golf.
CHAIRMAN McDANIEL: That's a whole 'nother lesson.
COMMISSIONER FIALA: So up on a 14-story building or
something?
CHAIRMAN McDANIEL: You can, yes, ma'am. It's a real
cool a thing.
Thank you, Ms. Cindy.
Do you have any other questions?
COMMISSIONER FIALA: Uh-uh.
MR. MILLER: Your next speaker is David Marren, and he's
been ceded some time from John Wolner. Mr. Wolner, are you here?
MR. WOLNER: Yes.
MR. MILLER: Robert Steadman?
MR. STEADMAN: Here.
MR. MILLER: Cesar Bazana?
MR. BAZANA: Here.
MR. MILLER: John Lewis?
MR. LEWIS: Here.
MR. MILLER: Alice Duffy?
(Raises hand.)
MR. MILLER: Mr. -- Christine Semon? I'm sorry.
MS. SEMON: Here.
MR. MILLER: I got it. And Denise Hennessy? That is a total
of 21 minutes, and Mr. Marren will be followed by Tom Sansbury.
MR. MARREN: I won't take the full 21 minutes, I guarantee
you. But I -- I do want to tell you I'm very impressed with the
discussion I heard earlier, the debate among the commissioners. I'm
going to cut my talk down quite a bit because of that discussion.
So let me start with, first, I want to thank the commissioners for
their foresight in acquiring the public Golden Gate golf property.
October 8, 2019
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Your vote to extend the contract with The First Tee organization to
manage and maintain the Golden Gate Golf Course as an affordable
public facility for the use of all of Collier County residents and
visitors is a good thing. That is what we're looking for, your vote to
give The First Tee a contract so that they can get to work on the golf
course and make it playable.
I do not believe I must espouse the contributions of benefits The
First Tee organization provides to the youth of our community and
country; however, I do feel compelled to speak to the issue of public
golf in Collier County, its impact on current residents, and its future
contribution to the growth and quality of life for current and future
residents of Collier County.
Per current demographic census data, this property we are
talking about located in ZIP code 34116 has the highest density
population by far of any other area in the county. There are 3,000
residents per square mile in this relatively small 10-square-mile area;
whereas, the county average density is 139 residents per square mile.
If you narrow that down to an area of about four square miles
around the golf course itself, you come up with a density of 24,000
residents per square mile. That's serious overcrowding.
To put affordable housing in there with multiple families,
children, the needs for schools, cars, all the rest of the things that take
up infrastructure, you'll be just doing the residents of that area a great
disservice.
Having a public facility which has the potential to generate some
if not -- if not all of its own operating income in part or in whole, plus
contributes to the quality of life for all county residents of all ages, is
a very positive and meaningful attraction not only for current
residents but also for future employers, employees, and senior
residents and tourists.
Let's talk about seniors for a moment. Ms. Fiala and I happen to
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be seniors. The rest of you, I hope you get there. The senior retirees
contribute to the county's revenue stream. Senior retirees buy and
maintain homes. They spend money in restaurants, shops, and stores,
and they pay their taxes.
If you were to break down the budget for the parks department
and many other county services and amenities, I believe the amount
of spending directly or indirectly benefiting seniors would be very
much less than proportionately justified.
You don't see many seniors playing baseball, flag football,
soccer, et cetera. And pickleball has a much, much lower percentage
of senior players than golf.
Let's talk about the economics of county-sponsored
privately-managed public golf. To quote Mr. Batten in a Naples
Daily News article about course acquisition, and I quote, profit and
loss should not be the deciding factor, just as it isn't in any of the
other county recreational offerings, end quote.
Because the county does not have an affordable public 18 -hole
golf course, many of Collier County's permanent residents are, in
reality, priced out during the prime golf season. Regrettably, this
same reality holds true for most of our youth, and it is a reality for the
majority of the county's workforce and their families.
Public facilities of any nature or form cannot and are not to be
judged solely on the basis of direct revenue the county derives from
them. If that were true and the only measure of justification, we
wouldn't have a Parks and Recreation Department.
A county-owned privately-sponsored
publicly-managed/maintained public facility meets all the criteria
mentioned earlier. It has what few other county facilities have or can
offer, and that's the potential of being cost neutral to the county, and I
think that's what you all want.
The success of any private -- of any public/private undertaking
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depends on sponsorship, management, maintenance, marketing,
promotion, and a willingness to welcome all.
The First Tee is the perfect partner for this public/private
enterprise. The First Tee has a proven track record. The First Tee
has the business and operational expertise and skills to ensure the
success of this project.
I will close by reminding you of the county's vision and mission
statements. And, again, I ask you to extend The First Tee a contract
to keep the public golf located at Golden Gate open and operational.
Thank you for your time.
CHAIRMAN McDANIEL: Thank you, sir.
MR. MILLER: Your next speaker is Tom Sansbury, and
Mr. Sansbury will be followed by Kaydee Tuff.
CHAIRMAN McDANIEL: Kaydee, you want to go first? It
will take him forever to get up here.
MR. MILLER: All right. Ms. Tuff.
MS. TUFF: My name is Kaydee Tuff, and I'm a 30-year
resident of Golden Gate and the current president of the Golden Gate
Civic Association.
I thank you for this opportunity to provide some valuable input
on the future of the Golden Gate Golf Course. The use of this land
will have significant impact on our community and the county as a
whole.
There are several speakers who have already discussed golf, so
I'd like to use my time to speak about residential use of this property.
While listening to the various firms vying to direct this project,
many uses were discussed. I'm excited to propose a serious
discussion on a 55-plus retirement campus that would include a
veterans home, a public golf facility, possible government office s,
and affordable housing for seniors.
There's been much talk about the need for workforce housing in
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Collier County. My son Allen is a sergeant with the Collier County
Sheriff's Office, and my daughter-in-law Amy works in dispatch. I'm
personally aware of the need for workforce housing, but the key to
making it work is location. To attract the teachers and nurses and
first responders that you hope to serve, you must have quality
schools. It is one of the most significant considerations when a
young family is choosing where to live.
Currently, due to the high number of low-income and
low-English-speaking families in our community, Golden Gate
schools are among the lowest performing in Collier County and the
state. So when it came time to choosing where to live, although he
grew up in Golden Gate and attended elementary, middle, and high
school there, my son chose to locate in far eastern Collier County
because of the schools and the opportunity to live in a deeded
community.
It is my significant concern that if you do not fill these units
with workforce tenants, that the project will become another
affordable housing facility with two families per unit to be able to
afford the rent. This is the current reality of Golden Gate, a
community where most single-family homes have two or more
families living in them. I know this because I also serve as co -chair
of the Golden Gate Task Force, and I see firsthand the impact that
overcrowding has had on our infrastructure, our wells and septic
systems, our traffic, our quality of life, and our schools.
We provide more affordable housing than anywhere else in the
county because our truly -- our community is, every inch of it,
affordable housing.
But I'm not here to be a NIMBY. I know that we all benefit
from a well-planned project that serves the county and blesses the
community in which it's located. For this reason I believe and hope
that you will agree that a 55-plus retirement campus is a perfect fit
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for this property. Oh, okay -- and it's something that's truly needed in
Collier County and Golden Gate.
First of all, affordable housing would be the perfect complement
for what's currently being discussed, which is a veterans home -- a
veterans nursing home, municipal golf, and would be compatible
with the adjacent Par's 55-plus community.
When choosing where to live, senior residents are not influenced
by school performance and would be well served by the central
location of Golden Gate. The four-mile square of Golden Gate
features a government center, community center with a theater and
band shell, a well-utilized senior center -- oh -- could I just please
finish? Could somebody give me their time?
CHAIRMAN McDANIEL: You've already made your point,
Kate.
MS. TUFF: I know, but I end so well.
CHAIRMAN McDANIEL: Go ahead and end.
MS. TUFF: All right. We're excited that Commissioner Burt
Saunders is working to expand our Golden Gate senior center to meet
the growing need. The Healthcare Network of Southwest Florida is
building a brand-new 50,000-square-foot facility just down the street
from this location. That facility will provide seniors with convenient
and affordable health services.
On a final note, for those of you who are familiar with the work
of Grace Place, a 55-plus retirement campus would provide
volunteers to further the work of that group in educating the youngest
members of our community so that they might enter kindergarten
being able to speak English and have access to homework help after
school, which would have an immeasurable impact on our schools
and help raise our school performance.
As you can see, I can't say enough about my excitement of the
possibility of this 55-plus retirement campus. It's a sound investment
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and a perfect fit for our senior community, our Golden Gate families,
and Collier County as a whole. It's truly a win-win, and I thank you
for your time and look forward to discussing this further with you
as --
CHAIRMAN McDANIEL: Don't be in a hurry. Don't be in a
hurry.
MS. TUFF: I'm pretty proud that I said all that as quick as I did.
CHAIRMAN McDANIEL: Yes, you did --
COMMISSIONER FIALA: They're building a 55-and-older
community already?
CHAIRMAN McDANIEL: No, no, no.
MS. TUFF: No. I'm building it --
CHAIRMAN McDANIEL: She said that three times to make
sure that the point got across. And before -- Commissioner Saunders
has a question for you, but I just want to say -- if I can go first.
Thank you for all that you do. She's been in our life and in the
community of Golden Gate City forever.
MS. TUFF: Feels like it.
CHAIRMAN McDANIEL: Thank you.
Commissioner Saunders.
COMMISSIONER SAUNDERS: Just to give you a little bit of
comfort, my goal has been to upgrade and improve the quality of life
in that community. And the affordable housing that I'm looking at
would be deed restricted for specific employees. It's not going to be
a typical low-income housing project that you'd find all around the
county. It would be deed restricted for those particular types of
employees -- that this particular -- you know, that would be, as I said,
firefighters and police officers, schoolteachers, nurses, medical types
of folks. That's all, and then with a senior component as well.
MS. TUFF: We love -- the senior component's a good fit.
COMMISSIONER SAUNDERS: But no just general work --
October 8, 2019
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affordable housing.
MS. TUFF: Thank you.
CHAIRMAN McDANIEL: That's not the goal here.
COMMISSIONER TAYLOR: That's not the goal.
CHAIRMAN McDANIEL: The one thing -- and I would like to
add to that, if -- and, again, I'm one of five, but I've said this regularly
that I don't want to create a windfall with taxpayers' money for the
private sector.
The other side of that equation is the housing market changes.
Commissioner Saunders has been here forever, as have I, and 10
years ago the housing market was a need for one particular sector,
and it will be something different going on in the future.
So that deed-restrictive covenant will -- hopefully, will allow us
to be able to adapt to support the need of our community.
MS. TUFF: I love the senior component because, if you look,
the Pars community, it's, like, right in --
CHAIRMAN McDANIEL: That's five times you've said the
senior community. Thank you. Thank you.
MR. MILLER: Your next speaker is Tom Sansbury, and he will
be followed by Geoff Lofstead.
COMMISSIONER SOLIS: The ultimate Gator.
MR. SANSBURY: Thank you. How about them Gators?
COMMISSIONER FIALA: Such a good person.
MR. SANSBURY: Tom Sansbury, a resident of Collier County
for 22 years now, and a native Floridian.
You know, I've been involved in golf courses, design,
development, construction, operation, renovation for my entire
career, probably around 35 golf courses, and most of them being in
South Florida. And of those golf courses, I think 10 of them were
public or semipublic golf courses.
I'm familiar with Golden Gate layout. I think that one thing
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that -- in talking about Mr. Saunders' comments, there's 157 acres, I
think, is that what you guys said?
CHAIRMAN McDANIEL: Sixty-seven.
COMMISSIONER SAUNDERS: Hundred and sixty -seven.
MR. SANSBURY: Hundred and sixty -seven. You only need,
for a first-rate golf course, 120 acres with a driving range. So there's
land out there with adjustments to that layout that you can make it
work with an 18-hole golf course plus a good parcel of land for
whatever else you want to do with it.
The thing that I recommend is in -- with the engineering firm
looking at this, I recommend considering -- you might call it an
advisory committee consisting of The First Tee folks, consisting of
people with -- that have done operation on golf courses, construction
on golf courses, layout and design of golf courses, and golfers.
I'm not a golfer. I quit years ago because -- 20 years ago
because I wasn't any good, but I have managed some of the nicest
country clubs --
CHAIRMAN McDANIEL: Who is?
MR. SANSBURY: -- in South Florida. And a prime example
of a public course is Palm Beach Gardens. The city of Palm Beach
Gardens has a great public course that I'm proud to say I was
involved in and operate, and it's not on a break-even basis. But if you
look at, as the gentleman said before me, the cost of the parks
operation, you have to look at a golf course like it were a park.
We're spending $45 million on a new regional park, which is
very, very important. It serves a heck of a lot of people, but there's a
heck of a lot of golfers out there, too. There's probably more golfers
than pickleball players.
So certainly consider moving ahead with it. And, you know,
you might consider putting together an advisory committee to work
with the engineers.
October 8, 2019
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Thank you.
CHAIRMAN McDANIEL: Thank you, Tom.
MR. MILLER: Your next speaker is Geoff Lofstead, and he
will be followed by Rich Rainville.
MR. LOFSTEAD: Good afternoon. My name is Jeff Lofstead.
I'm the executive director of the South Florida section of the PGA of
America, and we --
CHAIRMAN McDANIEL: Say your name again, please.
MR. LOFSTEAD: Geoff Lofstead -- and we conduct programs
and services for golfers throughout Southeast and Southwest Florida
as well as Puerto Rico and the Islands. But I think what you have in
front of you here today is really a great opportunity. You have a
great opportunity for the residents of Collier County, you have a great
opportunity for the youth of Collier County, and you have a great
opportunity for the veterans of Collier County.
I'm really encouraged to hear the talk of potentially having a
veterans healthcare facility involved with the golf course. We have a
program that was started four years ago called PGA HOPE, and it's a
program that stands for Helping Our Patriots Everywhere.
And I'm not a military veteran, and I can't even put myself in the
position to understand what some of our veterans went through, but I
think we're all very familiar with the statistic that 22 veterans a day
take their lives. And this particular program -- and I'm not
overstating this whenever I say it saves lives. And PGA HOPE is a
program that we're doing throughout Southeast and Southwest
Florida, and where we struggle the most is finding the veterans, and
when we have great partnerships and relationships like we do in Palm
Beach County with the VA center there and we do in Miami -Dade
with the VA center, then we can positively affect those lives for the
military veterans.
And then when you look at the opportunity to combine with The
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First Tee, which is an organization that's not solely dedicated on
developing the next great golfer, they're dedicated on developing the
next great person, and to be ab le to serve that youth, and then you
look at what golf is in our communities, I don't know if there's a
better use of green space than a golf course.
We charge admission that people will gladly pay to come to our
green space. And there's no better stewards of that green space than
golf course superintendents, let alone the wage. You look at the State
of Florida alone, it's a $8.2 billion industry here in this state;
84 billion in the country.
So golf certainly has a big part, and in all due respect with the
millennials, they actually do play golf. There's 24 million golfers,
and 26 percent of those are millennials. So the millennials are
playing golf out there. And then you have additional facilities like
Topgolf and Drive Shack and others that are generating another
either million people that are consuming the game of golf.
So I think this opportunity that you have in front of you is a
great opportunity and one that's done -- like you're doing now with
great foresight and partnering with entities and experts in the
business, like you have with The First Tee, you can really generate a
great program that will leave a lasting legacy for this county.
CHAIRMAN McDANIEL: Thank you, Geoff.
MR. MILLER: Your next speaker is Rich Rainville, and he will
be followed by Bill Barton.
MR. RAINVIILLE: Good afternoon, Commissioners. Thank
you very much for your time. My name is Rick Rainville. I'm the
president of KOVA Golf. I am a PGA member. I've been a PGA
member for nearly 20 years, and I have operated and managed some
of the best country clubs and golf clubs in this community for the last
25 years. So I know this community. I know Golden Gate very well,
and I have worked with The First Tee since its inception here in the
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Naples/Collier area, and I know the organization. What you do have
ahead of you -- in front of you is a great opportunity, as Mr. Lofstead
just indicated.
It's great to hear the conversation that's going on. We do know
that 167 acres is a large parcel of land in a very, very key part of our
community, and golf is certainly something that is a big part of this
community as well. Not only from a tourist standpoint, but certainly
from an employment standpoint. And we really do vision (sic)
partnering with The First Tee, of course, in a public/private
partnership for this property is certainly something that is attractive,
as Commissioner Saunders has indicated, you know, looking at
something where another entity would come in and essentially put up
the income or the capital to redevelop a golf course property in some
fashion.
And, you know, with all due respect, I know there's been a lot of
discussion about the numbers of holes, and I think, let's not get
caught up on the number of holes. We have significant experts in the
industry, not only from a design standpoint, from an operating
standpoint.
So to come up with something for this property that is not only
going to be attractive and, as Commissioner Taylor has said, you
know, something that could be a focal point in our community, really,
we know that we can develop something like that. And getting
caught up on the number of holes, I don't think, is really what we
need to do at this point.
And really bringing entertainment in and bringing vocational
opportunities. Certainly, with the veterans and all of the other
components that are going on site, having it, as Cindy said, right in
the backyard is really, really going to be something that's going to be
attractive and something that really doesn't exist anywhere else.
Being able to utilize the game of golf and those experts that are
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there to deliver for veterans and bringing them opportunities to get
back into the workforce potentially with all the different types of
thing. You have restaurant, you have agronomy. You have golf
operations. So there's a ton of great opportunities here.
We do thank you for taking this up, considering not only what
you're going to do with this golf club in the interim period, but what
we can do with it in the future, I think, is something that is very
special, and I know that it can happen. We have the experts to do it.
CHAIRMAN McDANIEL: Thank you, Rick.
MR. LOFSTEAD: Thank you.
MR. MILLER: Mr. Chairman, your final speaker on this item is
Bill Barton.
MR. BARTON: Mr. Chairman, Commissioners, for the record,
my name is Bill Barton. I have been a resident of Collier County for
some 54 years.
And it's interesting, during those 54 years there has been
discussion of Collier County having a municipal golf course the
entire 54 years. Some of you may remember Dan Breeden, a friend
of mine. Dan worked for you many years trying to interest various
county commissions in support of a municipal golf course.
Obviously to no effect.
Life presents us with opportunities. We have just been
presented right between the eyes with an opportunity for a municipal
golf course in Collier County. Often these kinds of opportunities
only come to us once, and if we don't take advantage of them when
they're there, they are sunsetted, they're gone, we have them no more.
And I have to tell up front, I'm a traditionalist, and I think 18
holes is important. The PGA notwithstanding, 12 holes is nonsense.
It's not the first time I've disagreed with them. They're the same
organization that tells me if my sand club touches the sand in a sand
trap it costs me a stroke. Now, how dumb is that?
October 8, 2019
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CHAIRMAN McDANIEL: It's the rule. It's a rule.
MR. BARTON: It's a rule.
CHAIRMAN McDANIEL: Correct.
MR. BARTON: Nonsense.
So I don't think 12 holes works at all. I have seen a golf course
that worked relatively well at nine holes by putting in 18 sets of tees
and only nine greens.
COMMISSIONER SAUNDERS: That sounds like nonsense to
me, quite frankly.
MR. BARTON: No. It works well. In Leadville, Colorado,
they do that, and it's a great golf course. And it's like playing 18
holes because every hole, then, is different. You're not playing the
same nine holes twice.
Speaking of Brekenridge, Colorado, I had the good fortune to
have had a home there. Brekenridge is a little town that's got about
one-tenth the population of Collier County. And when I first moved
there, they had a beautiful 18-hole golf course designed by Jack
Nicklaus. While I was there, they expanded that to 27 holes. Did
they have to spend any money on that? Yes. Did they break even at
the end of the year? No. Did they discount their green fees for those
property owners that lived in the city? Yes. Treat it like a park. It's
not like a business.
City of Sarasota, when I went there as a young man and started
playing golf, they had 18 holes. It's now 54. They have just made a
decision to include in their budget millions of dollars to rebuild the
entire 54 plus clubhouse plus maintenance facilities. They could
have cut it back to 36 and sold 18 holes of property. They could have
cut it back to 18 and sold 36 holes. They didn't do that. I wonder
why.
CHAIRMAN McDANIEL: Thank you, William.
I just -- if I can just share a quick story. Shortly after we heard
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this item back in the spring -- and you-all know -- well, not -- if you
don't, I'm a huge golf advocate. And they had the Masters -- I am.
Really. I used to actually be really good at it at a time. No, I leave
the guns at home.
But there was -- the Masters tournament was on, and they were
talking about Bobby Jones. Of course, who doesn't know Bobby
Jones?
And the City of Atlanta had built a golf course in Atlanta and
wanted to name it after Bobby Jones. And it was such a deplorable --
and we've heard multiple people talk about how important it is to
have a good architect and a layout and so on and so forth. The layout
was so horrible that Bobby Jones didn't want to give his name to the
City of Atlanta to put on the golf course.
Now, he finally acquiesced. So he went -- and that's when he
built Augusta, Augusta National where the Masters is, in fact, at.
Well, later on, they came back around and adjusted that 18-hole
layout to a high-end nine-hole facility with two holes on each green,
two different color flags and two different sets of tees. So they
played from a different set of tees and hit to a different pin on each
one of those.
And it was very apropos for the conversation that we were
having with regard to the potential layout of this facility, just all fell
right in line along the lines of the discussion of whether we have nine
or 12 or 18 holes. There are options that are available. So there.
Nice story.
COMMISSIONER TAYLOR: All right. So we have a motion?
COMMISSIONER SAUNDERS: We have a motion and
second.
CHAIRMAN McDANIEL: We have a motion and a second.
COMMISSIONER SAUNDERS: I have a second motion to
make after we deal with that one. So I'll call for the question unless
October 8, 2019
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there's another comment.
CHAIRMAN McDANIEL: There is no other comment.
Anybody else want to try to talk us out of it?
COMMISSIONER SOLIS: Please no.
CHAIRMAN McDANIEL: It's been moved and seconded that
we engage Davidson Engineering with the components that were
suggested by Commissioner Solis and Saunders. Any other
discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposed?
COMMISSIONER FIALA: Aye.
CHAIRMAN McDANIEL: 4-1.
COMMISSIONER SAUNDERS: Mr. Chairman, a separate
motion is to direct staff to begin the process of preparing a request for
proposals, request for qualifications to begin to implement the
strategy that we've talked about in this motion so that we can work
with the engineering firm and give them some direction. So I'd like
for staff to come back with a draft of a request for proposals for us to
consider sending out.
COMMISSIONER TAYLOR: For a golf course design?
COMMISSIONER SAUNDERS: For all of these components
that we were talking about: Golf course, financial capability to
develop the golf course and operate it, proposal in terms of no
exposure to the county in terms of cost for either fixing up the golf
course or for maintaining it, and the other commercial aspect that
would go with this which would include some food service, the
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driving range, and some community activities.
CHAIRMAN McDANIEL: Basically, you want them to go out
for RFP for an operator to come back to operate the facility --
COMMISSIONER SAUNDERS: That's correct.
CHAIRMAN McDANIEL: -- as is, and then work with the
engineer for the future design?
COMMISSIONER SAUNDERS: Well, I want to jump start
this, because we could sit here for the next four or five months
talking about what this engineering firm's going to come back with.
And so I want staff to start developing this request for proposals. I
think it's important for the community and for the county to move
this along as quickly as possible.
COMMISSIONER TAYLOR: So as long as we talk about
some -- and I know this is kind of a landscape architect, because
that's what you need; you need that overview. A landscape architect
can give that kind of planning. So if we could wrap that into this
RFP.
COMMISSIONER SAUNDERS: Sure. Whatever needs to be
in the RFP.
CHAIRMAN McDANIEL: No, we don't need a landscape
architect.
COMMISSIONER TAYLOR: Oh, yes, you do. It's not -- they
don't plant trees, I promise you.
COMMISSIONER SOLIS: Are we putting the clubs before the
cart or the cart before the --
COMMISSIONER SAUNDERS: No.
COMMISSIONER SOLIS: I'm just wondering, because, I
mean, an RFP would be to actually develop and operate something,
and we don't know what that is yet, right, or am I missing the -- what
you're --
COMMISSIONER SAUNDERS: The point is that at some
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point we have to start making decisions on what we want to put out
there. And if staff can start the drafting process of a request for
proposals, that will come back to us, and then we can massage that to
include what we want to include in it. But I don't want to be sitting
here two or three months from now directing staff to draft a request
for proposals, because it's going to take them a couple months to do
that. So I just want to jump start that proposal -- that proposal and
qualifications process.
COMMISSIONER TAYLOR: And the issue of the size of the
golf course and how it interacts with the other two facilities on it is
critical to the overall design. There's no way we can communicate
that unless we have that aspect of it.
COMMISSIONER SAUNDERS: So I'm going to make that
motion for staff --
COMMISSIONER TAYLOR: Second.
COMMISSIONER SAUNDERS: -- to work on that
expeditiously.
CHAIRMAN McDANIEL: Do you understand that?
MS. CASALANGUIDA: Yeah. Commissioner, we can be back
at the next meeting. You're asking us to lay out a set of criteria that
the Board would evaluate the proposals on, and then we put that out
to the market. You guys would then -- we'd bring back a ranking of
the qualified firms to work with us. And then if -- there's no
commitment. At that point in time, if they can't bring you a
public/private partnership that makes any sense, you would abandon
that proposal and move on from there, but --
CHAIRMAN McDANIEL: And is that proposal actually going
to include the operation of the facility as-is, where-is, interimly as
we're going through this study process?
MR. CASALANGUIDA: No, sir.
CHAIRMAN McDANIEL: So we're going to continue to
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maintain it as we have been doing but not allow for the operation to
be utilized interimly?
MR. CASALANGUIDA: Well, that extension we did was for
two more months. And I can tell you that round trip on the proposal
for a partner is going to take longer than that. So we would have to
extend that interim maintenance for another period of time.
COMMISSIONER FIALA: I don't quite understand. So you're
not going to have them make it into a golf course and you're not
going to use it to be played on? We're going to just let it sit there? Is
that what you're saying?
MR. CASALANGUIDA: Well, I don't think you could that
quick. To get that team on, to get whichever partner you chose at that
point in time is going to take you, round trip, probably three to six
months.
COMMISSIONER FIALA: How could they ever show you that
it could be profitable if they don't get to get it put together?
MR. CASALANGUIDA: You're asking to do an interim use,
and I think that's the challenge.
CHAIRMAN McDANIEL: Well, I'm in support of the motion,
but I also -- I also think that it could be -- we should have a look at --
whose phone's doing that? Okay. That we -- I also think that we
could actually give consideration to an interim operational aspect.
COMMISSIONER SAUNDERS: I would have no issues with
that consideration. We have the motion on the RFP. Why do n't we
deal with that, and if there's something else that --
CHAIRMAN McDANIEL: It's been moved and seconded that
we develop an RFP for working with our engineering firm that we're
engaging to do the design. Is that close enough?
COMMISSIONER SAUNDERS: Well, not -- not necessarily
working with the engineering firm for the design, but just to develop
an RFP to come up with alternately we would ask vendors to come
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back with their qualifications and what they could provide to the
county in terms of guarantees and --
CHAIRMAN McDANIEL: To meet the requisites of what you
laid out in the first motion with regard to the potential uses.
COMMISSIONER SAUNDERS: That's correct. Exactly.
CHAIRMAN McDANIEL: Yes.
COMMISSIONER SAUNDERS: It's been moved and seconded
that we do that. Any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposed same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: And --
COMMISSIONER FIALA: I didn't vote at all, but I should
vote, and I'll say yes, but I just don't agree with it, but there's nothing
I can do about it, so I'll just go along with it.
MR. CASALANGUIDA: Commissioner Fiala, you asked if
there would be an interim use.
COMMISSIONER FIALA: Pardon me?
MR. CASALANGUIDA: You asked about an interim use, and
Commissioner Saunders said let's get that motion -- this motion
passed and then discuss an interim use.
CHAIRMAN McDANIEL: And I'm going to make a motion
that we give consideration to receive proposals for interim operators
to go ahead and open the facility up while we're making all these
wonderful decisions.
COMMISSIONER SAUNDERS: I'll second the motion. The
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motion is to get some proposals back.
CHAIRMAN McDANIEL: Yes.
COMMISSIONER SAUNDERS: No decision to operate? Just
a decision to see what --
COMMISSIONER TAYLOR: No.
CHAIRMAN McDANIEL: Absolutely. And we can't -- how
can we -- all we did when we bought this golf -- and I'm not picking
at you. But when we bought this golf course, the choices that were
given to us, and the operational aspects were deplorable. No one
would have chosen those kind of operating -- but I would like to
actually solicit and receive proposals for an interim operator, because
it's going to take some time for us to be able to make these decisions,
so...
COMMISSIONER SAUNDERS: And if we ultimately
reconfigure this and have a commercial operational, it's going to take
12 to 18 months to get something going, so --
CHAIRMAN McDANIEL: Correct.
COMMISSIONER SAUNDERS: -- I'll second the motion.
CHAIRMAN McDANIEL: It's been moved and seconded we
solicit proposals for an interim operator for the facility. Any other
discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposed? Who said aye out there?
COMMISSIONER TAYLOR: That was great.
CHAIRMAN McDANIEL: Same sign, same sound. And 5-0.
October 8, 2019
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That's what we did. Good report, Jeffrey.
MR. WILLIG: Thank you, Commissioners.
COMMISSIONER SAUNDERS: Thank you.
CHAIRMAN McDANIEL: Okay. Now where we going?
MR. OCHS: Mr. Chairman, we're going to your advertised
public hearings.
CHAIRMAN McDANIEL: Ah, yes.
Item #9A
ORDINANCE 2019-33: ORDINANCE THE VANDERBILT
BEACH/COLLIER BOULEVARD COMMERCIAL
SUBDISTRICT SMALL-SCALE AMENDMENT TO THE
COLLIER COUNTY GROWTH MANAGEMENT PLAN
PETITION - ADOPTED W/CCPC RECOMMENDATIONS
Item #9B
ORDINANCE 2019-34: ORDINANCE AMENDING ORDINANCE
NO. 2005-19, AS AMENDED, THE VANDERBILT COMMONS
PLANNED UNIT DEVELOPMENT; BY REMOVING THE
REQUIREMENT THAT RESIDENTIAL DWELLING UNITS BE
LOCATED IN MIXED-USE BUILDINGS WITH COMMERCIAL
ON THE FIRST FLOOR AND ALLOWING STAND-ALONE
RESIDENTIAL BUILDINGS; BY REDUCING THE DENSITY TO
53 DWELLING UNITS; BY REVISING THE MASTER PLAN;
AND PROVIDING AN EFFECTIVE DATE. THE SUBJECT
PROPERTY, CONSISTING OF 14.49+/- ACRES, IS LOCATED
ON THE NORTH SIDE OF VANDERBILT BEACH ROAD AND
APPROXIMATELY 1/4 MILE EAST OF COLLIER BOULEVARD
IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST,
October 8, 2019
Page 202
COLLIER COUNTY, FLORIDA - ADOPTED W/CCPC
RECOMMENDATIONS
MR. OCHS: Item 9A and 9B are companion items. They'll be
heard together. Item 9A is a recommendation to approve --
CHAIRMAN McDANIEL: How many -- do we want to do the
Cope Lane first or -- no, let's go ahead and do the public hearing,
okay.
MR. OCHS: 9A is a recommendation to approve the Vanderbilt
Beach/Collier Boulevard commercial subdistrict small-scale
amendment to the Collier County Growth Management Plan. This
would be an adoption hearing and a companion to Item 9B, which is
a recommendation to approve an ordinance amending the Vanderbilt
Commons Planned Unit Development by removing the requirement
that residential dwelling units be located in mixed-use buildings with
commercial on the first floor and allowing standalone residential
buildings and by reducing the density to 53 dwelling units.
Mr. Chairman, the Item B does require that participants be
sworn in and ex parte disclosure be provided, so I think that would be
appropriate at this time.
MR. MILLER: And, Mr. Chairman, I have three registered
speakers for this item.
CHAIRMAN McDANIEL: Okay. We're going to go ahead and
do the -- you want to do the ex parte first, and then we'll do the
swearing in?
MR. OCHS: Please.
CHAIRMAN McDANIEL: Commissioner Solis?
COMMISSIONER SOLIS: Yes. On 9B I've had -- I met with
neighbors, Terrie Abrams from Black Bear Ridge, and a few other
people, I've spoken with Mr. Cioffi, the petitioner, and I've received
numerous phone calls and emails from other Black Bear Ridge
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residents.
CHAIRMAN McDANIEL: You ready? Your ex parte with
regard to these two items.
COMMISSIONER SAUNDERS: Oh. Yes, I spoke with
everybody involved in this, both sides multiple times, emails,
telephone calls, and everything.
COMMISSIONER TAYLOR: Telephone calls, meetings, both
sides. That's it.
CHAIRMAN McDANIEL: And I have as well had meetings,
correspondence, and emails. And I'm -- what are we going to do
about -- make her declare when she comes back? Because I can't find
her stuff here, or I'd declare for her.
MR. OCHS: Yes, sir.
CHAIRMAN McDANIEL: Is that it?
COMMISSIONER TAYLOR: No, you can't. She's got to do it.
CHAIRMAN McDANIEL: She's got to do it herself. So we
have -- do we have to wait to -- do we have to --
MR. KLATZKOW: No, you can continue.
CHAIRMAN McDANIEL: We can just go ahead. All right.
MR. WRIGHT: Good afternoon, Commissioners.
MR. OCHS: Hang on, Jeff.
CHAIRMAN McDANIEL: We've got to swear them in.
Everyone who's going to speak, or think about speaking.
(The speakers were duly sworn and indicated in the affirmative.)
CHAIRMAN McDANIEL: Proceed.
MR. WRIGHT: Good afternoon. Thanks, Mr. Chairman,
Commissioners. I'm Jeff Wright with the Henderson Franklin law
firm here on behalf of the applicant. And we do have our team here
today. I'm going to try to make this quick. I know it's been a long
day, and there's still stuff to do here. But we do have our team here
in case any questions do come up.
October 8, 2019
Page 204
I just have a few slides we want to go through; about 10 left just
to give a quick overview of the project and what we're trying to do.
As you can see on this slide, the property itself, the PUD
property is bounded in yellow, and it's located at the northwest corner
of Vanderbilt Beach and Collier Boulevard. It is located within the
Vanderbilt Collier Boulevard Commercial Subdistrict of the GMP.
And just an overview, as Mr. Ochs said, we're trying to -- we're
seeking to amend the PUD and the GMP ordinances that are currently
in place, which have a mandate for commercial on the bottom of any
residential buildings. And we don't want to -- we'd like to remove
that requirement so we can construct a 53-unit apartment complex on
Lots 5 and 6 within the PUD.
Couple of points here. As I mentioned, Vanderbilt and Collier
Boulevard, the current approved PUD allows for 200,000 square fe et
of commercial and up to 58 dwelling units. We're seeking to reduce
both of those numbers. There's a stipulation in the proposed
ordinance to reduce the square footage, cap it at 175 -- 175,000
square feet, and we are here to reduce the dwelling units from 58
down to 53. It's -- given the location, we believe it's appropriate for
residential as its neighboring residential use.
As I mentioned on the last slide, we're looking to remove that
requirement. That appears both in the PUD and the GMP that says
you have to have commercial on the bottom of any residential
buildings on these lots. We're not looking for additional density or
intensity.
This is just a quick slide showing the surrounding land uses in
the area. You can see the northwest corner there has commercial
kind of going along the arterial roadways on the corner and
residential as you move away from the corner, and we feel this is a
good transition between those commercial uses and the existing
residential uses.
October 8, 2019
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Here's a look at Lots 5 and 6 bounded in yellow, again. The
bigger picture there is the PUD, but the lots at issue today are Lots 5
and 6, and they're bounded in yellow. As you can see, there's a
preserve tract on the northern aspect of those two lots. That is an
existing platted preserve with a different owner, but we think it will
benefit the compatibility between our project and the neighboring use
to the north, residential use.
We are going to make the PUD more compatible with the
existing residential use to the north, and we believe this project is
consistent with the surrounding development pattern. We plan to do
buffering along -- and a wall along the northern side of the property
line, except along that preserve tract, which is 30 feet deep, and we
feel like that's going to provide additional buffering.
Between the wall and that preserve and the existing preserve to
the north, we believe that the impacts will be not only acceptable but
reduced as a result of our application.
Here's an aerial showing Lots 5 and 6 relative to those
neighboring residential uses, and they've been the most vocal
opponents of this project. There have been a series of changes
through the years to this PUD, and they've been actively involved in
that.
What we point out in this slide is illustrative of the distance
between the lots at issue and the residential uses to the north. And
interestingly, this is from property boundary to property boundary. If
you go from structure to structure, it's probably going to exceed well
over 300 feet. And there is that preserve 30 feet deep there. So
where you see 280 feet, it's actually going to be bigger than that. So
it's uniformly 300 feet across the northern property line away from
those residential uses.
Here's some photos. This is -- we just wanted to capture that
compatibility, having that preserve there to buffer this project from
October 8, 2019
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the residential uses to the north.
This is looking north and a little bit west, so you can catch a
structure there on the left side of the screen. That's the existing
storage facility. There's one looking directly north and one looking
north and a little bit east. We agree with the staff's recommendation
of approval, and the Planning Commission voted this
recommendation 7-0, a unanimous approval.
And we believe that, as the slide says, removing the first floor
from the commercial, the commercial component, is more compatible
with the adjacent residential uses. We're removing the commercial
from their -- from the adjacent property.
The existing preserve and the 6-foot-high wall provides
screening and buffering for that neighborhood to the north.
A very important part of this is we're finally introducing a
residential component to this mixed-use project. Today it's all
commercial, so we're -- the intent of mixed use will be upheld by
going forward with the construction of the residential component.
And the subdistrict still will meet that intent of mixed used. It's
very close to a lot of commercial facilities and places where people
can go and enjoy both the commercial and residential uses.
And it's, obviously, consistent with the GMP and LDC criteria.
And that's our presentation. That concludes it. We have our
team here.
I just want to make a couple of closing remarks. The project is
more compatible with the neighbors. It's more compliant with the
LDC. We are removing one of the deviations that's currently there,
and it's less dense with respect to the neighbors to the north in
particular.
It meets the demand for housing, 53 apartments. We hear all the
time that there's a critical demand for housing of this nature, whether
you call it workforce housing -- or we think that it would serve that
October 8, 2019
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demand. And by eliminating five units and committing to
eliminating the excess commercial, we're making the proje ct more
compatible as well.
We are not requesting any deviations. We are eliminating one,
and we're comfortable with the stipulations of approval, and we
would request your approval as well.
CHAIRMAN McDANIEL: From the Planning Commission.
Stipulations from the Planning Commission.
MR. WRIGHT: Yes. And they have been incorporated into the
proposed PUD ordinance. Under Section 5.17 there's a series of
them, including committing to 12-month rentals, and there's several
others I'd be happy to go through.
CHAIRMAN McDANIEL: No. You don't need to.
Commissioner Saunders?
COMMISSIONER SAUNDERS: You may have touched on
this, and if you did, I apologize. But my understanding is what you're
planning on doing is eliminating balconies on the back of these units,
and you're also prohibiting light poles and -- so can you elaborate just
a little bit on that? Because one of the things that we're very careful
about is we don't want to negatively impact the neighborhood.
And I've met with the neighbors. They have some very
legitimate concerns about noise and light and the impact on their
communities. But it sounds like to me that this may be less impactful
than if there was commercial on that first floor, so if you could focus
on that for just a moment.
MR. WRIGHT: Certainly. With respect to the balconies first,
there is a stipulation that's in the PUD ordinance that -- and it's under
5.17(e) that says no balconies at all. Now, there will be on the
front -- on the bottom floor units, there will be porches that extend
only southward. So there will be no --
COMMISSIONER SAUNDERS: That's on the other side, on
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the street side?
MR. WRIGHT: Correct. And as far as the lighting in the
parking lot, there's currently a restriction in the PUD for lighting. It
has to be mounted on the building. It can't be -- it's limited to a
certain height, and we're not changing any of that. So to the extent
that we would need lighting, we are exploring some of the
technologies, including bollard style.
COMMISSIONER SAUNDERS: Now, there's also concerns in
some communities of Airbnb types of daily rentals and weekly
rentals. My understanding from our meeting is your plan is that these
will be annual leases or -- is that correct?
MR. WRIGHT: That's correct, 12-month minimum, and that is
also contained in the ordinance as a stipulation. 5.17(b) is the
section.
COMMISSIONER SAUNDERS: So I wanted to emphasize
those, because I know there's going to be people from the community
that are talking about the negative impacts. I wa nted to make sure
they knew what the positive elements of this were as well.
CHAIRMAN McDANIEL: Thank you, Commissioner
Saunders.
Commissioner Fiala?
COMMISSIONER FIALA: Yes. I just needed to declare my ex
parte. I met with Jeff, I met with the applicant, I met with residents
of Black Bear Ridge, I've gotten emails, and I've had a staff report.
So I want to be up front about that. Sorry I left the room for a
moment. And I don't have anything else.
CHAIRMAN McDANIEL: Thank you.
Commissioner Taylor?
COMMISSIONER TAYLOR: Subletting; are you going to
allow subletting?
MR. WRIGHT: Now, that's --
October 8, 2019
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COMMISSIONER TAYLOR: We need to be very clear about
that.
MR. WRIGHT: I'm getting a stern no from the client, so we are
not allowing --
COMMISSIONER TAYLOR: And it's in the ordinance, or it's
written somewhere so that that's prohibited.
MR. KLATZKOW: Well, it's not now. You could if you want.
COMMISSIONER TAYLOR: Yeah. We need to put it in it if
there's an agreement up here, absolutely.
COMMISSIONER SOLIS: What's the issue with subletting?
COMMISSIONER TAYLOR: Well, if you're renting the
apartment and you could sublet it, you could sublet it to somebody
coming in for a week or two weeks or a month, if you sublet it.
COMMISSIONER FIALA: Airbnb.
COMMISSIONER TAYLOR: Airbnb. If the management says
that they're not going to rent less than a certain amount of time, if you
have a person who's subletting, they can kind of get around that.
CHAIRMAN McDANIEL: Traditionally, when I've seen
subletting agreements both in residential and commercial, it's subject
to the landlord's approval of the tenant that's coming in, and if there's
a provision within the -- within the ordinance that prohibits
short-term rentals, the subletting could not occur outside the
parameters of what the PUD stipulates.
COMMISSIONER TAYLOR: Okay.
CHAIRMAN McDANIEL: We wouldn't necessarily -- I mean,
from a language standpoint, we would have to defer to the applicant.
MR. KLATZKOW: It's a double-edge sword, because, you
know, you could lose your job and you're stuck with a lease and you
want to get out and you want to be able to sublet it so you can get out,
too.
CHAIRMAN McDANIEL: Correct.
October 8, 2019
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MR. KLATZKOW: So it's a double-edged sword.
CHAIRMAN McDANIEL: And being subject to the landlord's
approval would protect against -- I see where you're going because
you don't want it to be a day -rental thing.
COMMISSIONER TAYLOR: No, exactly.
CHAIRMAN McDANIEL: Correct, right. As long as it's
subject to the landlord's approval, I think we'd be covered.
COMMISSIONER TAYLOR: And management -- what is
management -- is management going to be -- who's managing the
building?
MR. WRIGHT: An HOA will be managing the building, and I
understand that Ralph has -- his son may be managing the building,
actually.
COMMISSIONER TAYLOR: Okay.
MR. KLATZKOW: Is this a condo, Jeff?
MR. WRIGHT: No.
MR. KLATZKOW: But an HOA is --
MR. WRIGHT: A property owners association for the common
areas, but you're going to have an on-site manager. Yeah, property
owners association will be formed for the maintenance, but there will
be an on-site manager at the property, and it's --
COMMISSIONER TAYLOR: Are we comfortable with that? I
mean, that -- I'm a little concerned.
COMMISSIONER SOLIS: Yeah. I mean, if it's rental, there's
one owner. You wouldn't need an association. You're just going to
have a management company, right?
MR. WRIGHT: Correct, correct.
COMMISSIONER SOLIS: Okay.
COMMISSIONER TAYLOR: Is the management company
going to live on site?
MR. WRIGHT: Yes, a representative of that company.
October 8, 2019
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MR. CIOFFI: Maybe I should come up.
CHAIRMAN McDANIEL: Yeah. I was going to say, we're
going --
MR. WRIGHT: Mr. Cioffi.
CHAIRMAN McDANIEL: -- around the corner.
MR. CIOFFI: Do I need to be sworn again?
CHAIRMAN McDANIEL: No. State your name for the record.
MR. CIOFFI: Ralph Cioffi. I'm the owner and the builder.
First of all, I'm going to own the property. I have no plans on
selling it. I have a property management company by the name of
Benoit Properties that will go through the rental process. But in
terms of managing the property itself, one of my sons will live on
site.
But I think what Jeff's referring to is the POA for the entire
PUD. So we're going to have common-area maintenance for
landscaping, maintaining the retention pond and that sort of thing.
But for my property itself, my son, Andrew, is going to live in one of
the ground-floor units.
CHAIRMAN McDANIEL: And, Ralph, with all due respect,
we certainly have no qualms with regard to you and your
management and your son. It's -- some day you're not going to own
it. Some day you're going to have somebody else -- you're going to
sell this piece of property. So we want to make sure that the
residences and the folks that are there are protected long term.
MR. CIOFFI: Right. Well, I hope to own it for a real long time.
CHAIRMAN McDANIEL: Forever.
MR. CIOFFI: Well, forever's a long time, but I will own it --
CHAIRMAN McDANIEL: Right. So when the use changes,
when the owners change, we want to make sure there's stipulations
that the short-term rental can't roll in when the next guy comes along,
says that that's an okay way to go. Because we know when the
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neighbors have issues with the lighting, as did -- the neighbors had
issues with the lighting with the storage facilities that were to the
south of where you're located, they managed some of that. I don't
know if they did it adequately or not, but there was directional
manipulation of the lights to reduce the ambient light that flowed
back onto the community, so...
MR. CIOFFI: Correct.
MR. WRIGHT: One other thing I wanted to add to the lease,
the way the current stipulation reads, dwelling units shall be rented
for no less than 12 months -- month periods, and I think that's written
broadly enough to capture any renter who comes in and rents for any
period, whether it's a sublease situation. In addition to that, we'll
have that private language in the lease agreements that says you need
the owner's permission to sublet.
CHAIRMAN McDANIEL: Subject to the landlord, right.
Okay. Thank you. Any other questions of the applicant?
(No response.)
CHAIRMAN McDANIEL: No. Let's go to the public speakers
then.
Thank you, Jeff.
MR. WRIGHT: Thank you.
MR. MILLER: Mr. Chairman, your first speaker is Steve
Bracci. He's been ceded three additional minutes from Teresa
Borgione, and she is present. I see her there, and she will be -- or
Mr. Bracci, rather, will be followed by Beverly Smith.
MR. BRACCI: Good afternoon, Commissioners, on what's
obviously a very long day for all.
My name's Steve Bracci. I represent Black Bear Ridge. And
I've been here a couple times, actually, with respect to the Vanderbilt
Commons over the last couple of years.
I think the way the presentation was formed, it's a classic case of
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looking at the tree and not the forest. You know, stepping back and
looking at this Vanderbilt Commons project, it basically consists of a
very long retail strip center, a couple hundred yards maybe, even,
along Vanderbilt Beach Road, and then on the north side of the road
that goes through there, which is a side that abuts Black Bear Ridge.
There's a 50,000, I think, square foot mini warehouse facility as well
as this other parcel here that's the subject of today.
If you look at the -- if you look at the Comp Plan -- we're here
both from a Comp Plan perspective, Growth Management Plan
amendment, as well as the zoning.
So if you look at the GMP, it actually -- the GMP actually
requires residential uses over commercial use. So you're not --
usually that would be just a zoning provision. In this particular case,
it was in the Growth Management Plan that you would have
residential over commercial, because this was supposed to be a
mixed-use project and it -- it is absolutely not that.
Unfortunately, this is a classic case over the years of divide and
conquer on a PUD. They went in. They were never supposed to
have mini warehouse. They went in, they get an insubstantial change
from staff, convinced them that based on traffic or whatever else that
that would be an okay use.
Then they came in and they tried to change their retail
allotments and allocations and intensities, and now we're back to this
last parcel here which is supposed to be residential over commercial
or something else, but commercial on the first floor.
If you look at the GMP, it says, the intent of the Vanderbilt
Beach/Collier Boulevard Commercial Subdistrict is to provide
convenient shopping, personal services, and employment for
neighboring and Golden Gate Estates residential areas as well as to
promote mixed-use development, and in parentheses, residential uses
over commercial uses. They're proposing to strike that parentheses.
October 8, 2019
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It's an important parentheses.
It goes on to say the subdistrict is further intended to create a
neighborhood focal point, and any development within this
subdistrict will be designed in a manner to be compatible with the
existing and future residential institutional development in this
neighborhood.
Well, which part of this project is now going to be a focal point?
You have a long retail strip center, then you have a mini warehouse
facility that's disjointed from the rest of it. Now we're going to stuff
in a 53-foot -- I mean, 53-unit residential unit with nothing on the
first floor that would draw people in from the community. It's right
next to a Tuffy service station. It's on the back end, the alleyway end
of a Winn-Dixie shopping center, and it's right next to a mini
warehouse facility. This is the residential capacity they're talking
about? It's kind of odd both in its sizing and its location.
If you look at the zoning, the zone -- it's 2.3 of the zoning
ordinance, the PUD stated that it is -- this subdivision -- or this area
was intended -- the PUD is intended to create a pedestrian-friendly
atmosphere that encourages area residents to work and shop there.
Now, as to the northern part, the part that is north -- the north
part, which includes the warehouse and this parcel, it says as to those
parcels, it says the north tract is expected to be more office and
service oriented. The north tract will likely have both medical and
professional offices and some residential units -- uses.
Well, where is the medical? Where is the professional? The
only place it can go would be on the first-floor commercial on this
particular parcel. You're not just approving this particular building
application; this is the last step in obliterating the original intent of
the PUD.
As -- furthermore, when we were at the Planning Commission,
counsel said that the justification for doing this now is that this was
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originally approved back -- approved back in the 2000s when the
planners basically said that, you know, mixed-use
residential/commercial was a good idea but now it doesn't work.
Well, how does that work out?
I mean, we come here -- a lot of times representing HOAs is
difficult because we can't afford to get a planner. So you come here,
and the first question, well, where is your data and analysis to offset
the planner that the developer can afford to hire? Well, a lot of time
we can't. But in this case they're actually saying the opposite.
They're saying what they represented to the public back in the 2000s
by the planners turned out to be wrong.
Can we now use this as an example in the future as a way to
discredit planners? Because that's what's essentially happening here.
You know, in court you have what's called judicial estoppel.
Mr. Saunders and Mr. Solis, being attorneys, you probably know that.
You can't take dichotomous positions in the same case, but that's
what they're doing to justify this.
As we move into an era in our community where you're having
more pressure put on other uses within residential communities, it's
imperative that the Commission looks at these in the front end,
because these PUDs, they're barely worth the paper they're written
on. They change and they change and they change to the detriment
of the residential community adjacent to it. And I would suggest
that's what's happened in this case.
Thank you.
MR. MILLER: Your next and final speaker in this case is
Beverly Smith.
MS. SMITH: Good afternoon. I want to --
MR. MILLER: Ma'am, can you pull the mic down?
MS. SMITH: Oh, sure.
I'm Beverly Smith, 7278 Acorn Way in Black Be ar Ridge.
October 8, 2019
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I'm going to specify -- I'm going to just focus on certain items
here. We've gone over so much today so far.
In the original PUD that was approved November 2nd, 2017, we
had certain stipulations put in here specifically for Lot 5 and 6. Some
of these have not been addressed today.
Back in November we sat here with the developer. We've
agreed -- we all agreed to what this PUD was going to be, and you
approved it. All we're asking is that that PUD be enforced as it was
agreed to.
And I want to specifically talk about Lot 5 and 6 in Section 3
mixed-use plan area, Page 10, that specifically restricts no outdoor
seating shall be permitted. The hours of operation for any eating
place shall be limited from 6 to 4 p.m., 6 a.m. to 4 p.m. Loading
deliveries shall be from the front entrance only, and the consumption
of alcohol is not permitted on these lots. This is for the commercial
over the residential.
Prohibited also in the PUD, Lots 5 and 6 shall not provide main
public access entryways along the northern facade of any proposed
building. Now, that northern facade is what butts up on the Black
Bear Ridge property line.
Now, when this was done, the preserve was what it is today, the
280 feet. Their little bit of 30 feet of preserve behind there was there
too. That was all taken into consideration when they prohibited the
back rear parking and rear garages or anything, an access road behind
that building.
From what the builder has -- Mr. Cioffi has explained to us, they
intend to put 10 garages and parking on the north side of the building.
That is totally prohibited in this. And that will affect us because --
the fact there's no pole lighting, how is he going to adequately light
this parking lot in the back of the building with the garages if he's
only allowed to go 10 foot up with lighting, which is what it is.
October 8, 2019
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It has been restricted to -- only to be used on the third and the
second floors for the residential. Having open -- open patios on the
front? How are you going to restrict the other things that are -- that
are in this PUD and haven't been addressed today?
The screening issue about putting up this it -- I'm sorry. Putting
up these walls in Tract C of the preserve, they say it's a 30-foot
preserve. Well, since Irma, there's not much left in that preserve but
a few pine trees, a few scrub. There's not much preserve in that
anymore. We're limited to just two pieces of 6-foot fencing on each
side of that plot. We are just asking that the prohibited items and the
restrictions that were agreed to in November of '17 that we worked so
hard to come up with is that that get enforced, and that's all we're
asking.
CHAIRMAN McDANIEL: Thank you. That's it?
MR. MILLER: That was it, sir; I'm sorry.
CHAIRMAN McDANIEL: That's our last public speaker?
MR. MILLER: Yes, sir.
CHAIRMAN McDANIEL: Okay, good. I'd like to ask a
question of staff, if I may.
Mr. Weeks? Because one of the things -- as he's coming up, I
just would like to share a thought. You know, we regularly talk
about intent. And the intent when this PUD was designed and
developed was to have commercial with residential across -- around
on the top to provide for habitat for employees and so ons and so
forth.
And I would assume, because there was some description about
where the residential was, in fact, going to be, that it would be
dispersed throughout the entire project, and it is not, because it -- as
has already been shown, the entire project's all commercial. And so
this residential is here on this site.
Now, has anybody done a calculation with regard to -- if we
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were to deny the request and force the commercial to stay on the first
floor, how many units would be allowed?
MR. WEEKS: For the record, David Weeks of the
Comprehensive Planning staff.
The density would not change. The allowable density under the
Comprehensive Plan subdistrict for this site is 16 units per acre times
the acreage of the entire subdistrict.
CHAIRMAN McDANIEL: Okay. You say that the density will
not change, but if the commercial requisite is not allowed to be
withdrawn there's going to end up being a parking issue that would
then impact the density because the parking consumption for the
commercial would consume units available for the residential, so...
MR. WEEKS: Okay.
CHAIRMAN McDANIEL: You're better at this than I am. I've
got to ask the right question to you, don't I?
MR. WEEKS: Let me answer it differently. So what I answer
is what the Comprehensive Plan would allow. That would allow that
same density.
CHAIRMAN McDANIEL: Right.
MR. WEEKS: But I think to your point is if you do not approve
this amendment, there will still, then, be a requirement that the first
floor be developed with commercial; therefore, the end result is
there's going to be less physical space in the building to provide
residential units. So I think the answer would be fewer units would
get built.
CHAIRMAN McDANIEL: And did anybody do the calculation
if we denied the request for the removal of the commercial to how
many units would then be attainable or allowed? That was my
question.
MR. WEEKS: Okay. Not to my knowledge from a staff
standpoint because we don't -- for one thing, staff does not know
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what the unit sizes will be. We can know from the -- in the PUD
what the minimum unit sizes are.
CHAIRMAN McDANIEL: Right.
MR. WEEKS: But I would have to defer to the applicant if
they've done any site design to answer that question.
CHAIRMAN McDANIEL: That was where I was wanting to
go, David. I wasn't trying to put you on the spot. You just went
around the corner, and I knew I was going to end up with less units
up above commercial if, in fact, it was decided that the commercial
stayed.
Have you figured that out, Jeffrey?
MR. WRIGHT: Well, we did run some numbers on the various
scenarios given the current uses that are allowed with 58 units and the
commercial. And I have Norm here who ran the impact numbers on
the traffic impacts, and he has a couple of things he wants to say to
summarize that.
MR. TREBILCOCK: Thank you. Good afternoon. My name is
Norman Trebilcock. I'm a professional engineer and certified
planner. And our firm had prepared the Traffic Impact Statement for
the project. And so we did look at, you know, scenarios, if we, say,
stuck with the 58 units that were allowed and you did some
commercial on the bottom floor, and those had been looked at.
So if you did, like, 5,600 square feet of a commercial area
underneath, you know, that, and you have 58 multifamily units, so
you'd have a higher peak-trip generation from the site from that
scenario. So we were having, like, 57 p.m. peak-hour trips in that
situation versus, when you go down to our proposal, we're at 24
peak-hour trips. So it's, you know, a significant reduction in the trip
generation of the site --
CHAIRMAN McDANIEL: Well, the residential --
MR. TREBILCOCK: -- as a result.
October 8, 2019
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CHAIRMAN McDANIEL: -- request is an almost 50 percent
reduction in the traffic --
MR. TREBILCOCK: Yes.
CHAIRMAN McDANIEL: -- peak trips?
MR. TREBILCOCK: Yes, sir.
CHAIRMAN McDANIEL: And then my question -- and this
goes back to Jeffrey, because this -- thank you for the trip side.
MR. TREBILCOCK: Yes, sir.
CHAIRMAN McDANIEL: But I'm still trying to get to the end,
the total number of units in relationship to the commercial requisite
on the first floor.
MR. WRIGHT: Well, we know that by reducing -- by
eliminating the commercial on the bottom and reducing the number
of units on the top, it's a lot less impacts to the neighbors to the north.
To the whole county it's a less impactful project. It's less dense.
And one of the things that we did stipulate to in the ordinance is
to -- there's some excess commercial. Right now it's all built out.
The commercial's all built out, and there's $25,000 -- 25,000 square
feet of excess commercial, and we have stipulated to cap it at that
number. Currently you're allowed to have 200,000. So if we use all
the commercial that's there -- left in the PUD today and enjoyed the
full 58-unit density, we'd have a far more impactful project in terms
of --
CHAIRMAN McDANIEL: Would you be able to fit a far more
impactful project on this, though?
MR. WRIGHT: Well -- and we haven't really gotten into the
exact design of it. But I think that by adjusting unit sizes you could;
however, one of the concessions that we made to alleviate the
neighbors' concerns was to make the units bigger and reduce the
number. So we really have tried to come up with hard, objective,
measurable improvements that will make it better for the abutting
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property owner.
CHAIRMAN McDANIEL: Commissioner Saunders?
COMMISSIONER SAUNDERS: With the restrictions that
were just outlined in terms of the commercial, for example, hours of
operation of a restaurant 6 a.m. to 4 p.m., no sale of alcoholic
beverages, what kind of commercial do you think actually could go in
there on that first floor with those types of restrictions that exist now?
COMMISSIONER SOLIS: Four p.m. is what it says right now?
CHAIRMAN McDANIEL: Yes.
COMMISSIONER SAUNDERS: Yeah. I can't imagine a
restaurant going in there with -- having to close at 4 p.m. and not
being able to sell alcoholic beverages. So it would be a breakfast
place, perhaps --
CHAIRMAN McDANIEL: Breakfast/lunch.
COMMISSIONER SAUNDERS: -- obviously.
MR. WRIGHT: It would seriously limit the number of uses that
you can do if they had to comply with all those provisions. And we
do have something within the PUD ordinance that says in the event
that Lots 5 and 6 are developed with commercial, those same
restrictions would apply. So that is an adjustment, the slight
amendment that we've made as part of this effort to get rid of that
configuration mandate.
CHAIRMAN McDANIEL: I have no more questions.
COMMISSIONER SAUNDERS: I have no other questions at
this moment.
CHAIRMAN McDANIEL: Okay.
COMMISSIONER SAUNDERS: Well, let me go back for a
second. When we were meeting, part of the issue was that there's too
much commercial in that corner, part of the intersection of those two
major roads there. How much commercial is there with the shopping
center and your commercial, and how much of that is vacant?
October 8, 2019
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MR. WRIGHT: My understanding right now is that there is
approximately 160,000 square feet of commercial that has been used
and exercised out of the total allotment of 200,000. And what we did
was we added a little bit of a buffer in coming to that cap of 175-,
but -- so that's where they're at. There's some excess commercial,
and that's what we're comfortable eliminating, whatever excess there
may be.
CHAIRMAN McDANIEL: And this use adjustment is about a
50 percent reduction in peak-hour traffic?
MR. WRIGHT: Yes. According to Norm's scenario, exactly.
I'm not a traffic expert, but I trust his numbers. I have them right
here in front of me, so -- he's the best in the business.
CHAIRMAN McDANIEL: Thank you.
Commissioner Taylor?
COMMISSIONER TAYLOR: So I think from this
conversation, and I direct it to Mr. Wright but also to this board, I
think it's very, very difficult -- I know what the dream is. I know
what the concept was, and I'm empathetic to that, very empathetic,
but the reality of the situation with the restrictions, it's hard to decide
to get these businesses in there that would --
CHAIRMAN McDANIEL: Function.
COMMISSIONER TAYLOR: -- function for the neighborhood,
like a small restaurant or, you know, something like that. I
understand at one point there was a thought about putting a Starbucks
on it. That was ixnayed because people didn't want the traffic.
So what we have is less traffic, more residential, less impactful
for the neighborhood versus commercial which might stay vacant,
might not but, if it was filled, would be double the traffic. I don't
know. This is -- this is -- to me it's a situation where I just -- we can't
legislate the kind of businesses to go in there unless we release all the
restrictions on it.
October 8, 2019
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CHAIRMAN McDANIEL: You can't do that.
MR. WRIGHT: I think that there was a -- and I've heard this at
the neighborhood information meeting and elsewhere that there was
this vision that it was going to be Mercato-like in its inception, and
here we are many years later and it's not. And we fully concede that.
But we do want to make sure that it maintains that mixed-use
character by introducing this residential, and we believe that we'll
meet that intent. We'll have both in the PUD as was originally
intended.
CHAIRMAN McDANIEL: Any other questions from the
applicant? Commissioner Taylor.
COMMISSIONER TAYLOR: That was it.
CHAIRMAN McDANIEL: That was it.
COMMISSIONER TAYLOR: My comment.
CHAIRMAN McDANIEL: I'm looking to you, sir.
COMMISSIONER SAUNDERS: Yeah, I'll make a quick
comment.
You know, we've been very reluctant to -- I understand that it
was indicated that these PUDs are getting changed and being altered
completely, and that's just not the case. We have altered PUDs, and
we've always done that with the belief that the change was less
impactful than what was already approved, and we had one of those
on the apartment complex just a couple weeks ago.
CHAIRMAN McDANIEL: Right.
COMMISSIONER SAUNDERS: And Commissioner Solis
indicated that -- and I agreed -- that if we made the change that the
impact would be less than if we left the PUD the way it was.
You know, this is not going to be what the community wants to
hear, but I think this is similar to that situation again; that we're not
negatively impacting the community by approving this. We are
making some changes that I think would actually be less impactful.
October 8, 2019
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The fact that you can't have patios on the back of those units
facing Black Bear Ridge, I think, is a huge issue, because if you can
imagine two floors of apartments with balconies on them, that would
be much more impactful than I think two floors without balconies.
And my understanding is that right now if we don't make this change
that you can have balconies on those upper units; is that correct or is
that incorrect?
MR. WRIGHT: My understanding is you could; you could.
COMMISSIONER SAUNDERS: Yeah. So if you can imagine
two floors of residential with balconies, barbecue pits, whateve r
people put on their balconies, and playing some music or whatever at
9:00 or 10:00 at night, obviously they're going to have to be careful
with offending their next-door neighbors, but you could have light
and all kinds of activities on these patios that I think could have an
impact on the community. You eliminate that. Sure, you're going to
have some parking in the back, but with a commercial operation
there, I can't imagine that you wouldn't have some access to the back
of the building. You'd still have that.
The question was, if you put lighting in, the lighting can only be
elevated about 10 feet. And someone said, well, how does that light
the parking lot? Well, the obligation of the developer will be to light
the parking lot, or the back of the building -- for safety it has to be
lighted -- but that light can't spill over into the neighborhood. But
you have 285 feet between those 10-foot-high lights facing the
building and aimed to eliminate the spillover. I don't think you'd
have any ability of seeing that that far away, especially with the
buffering.
So I know this is not going to make the neighborhood happy, but
I think this is a better proposal than what you have right now. So I'm
going to make a motion to approve this, both elements. I th ink that
it's a less impactful impact on the neighborhood than what's permitted
October 8, 2019
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right now.
COMMISSIONER TAYLOR: I'll second it.
CHAIRMAN McDANIEL: Okay. It's been moved and
seconded that we approve 9A and B. Is there any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposed same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
MR. WRIGHT: Thank you.
CHAIRMAN McDANIEL: Now we're going to take a
10-minute court reporter break. I'm sorry. I pushed you.
COMMISSIONER SAUNDERS: So back at 5:30?
CHAIRMAN McDANIEL: No. Cut it out. 5:10. I'm going to
give 11 minutes; how about that?
(A brief recess was had from 4:58 p.m. to 5:10 p.m.)
CHAIRMAN McDANIEL: Sorry about that. I pushed you out
a little bit.
COMMISSIONER TAYLOR: You doing okay? You're a real
trooper.
CHAIRMAN McDANIEL: We're supposed to do the court
reporter breaks on the hour-and-a-half mark, and I pushed you out to
two.
All right, County Manager. I think we have a housekeeping
item that we need to mind.
MR. OCHS: Yes, we do.
October 8, 2019
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Item #11A
ACCEPT THE STAFF ANALYSIS ON THE FLOW PATTERNS
AND CONTROL ELEVATIONS IN THE COPE LANE AREA,
WHICH IS WITHIN THE LELY AREA STORMWATER
IMPROVEMENT PROJECT BOUNDARIES - MOTION TO
CONTINUE TO THE NEXT BCC MEETING (OCTOBER 22,
2019) – APPROVED
MR. OCHS: Commissioners, we've had a request to continue
Item 11A, which was the staff report on the Cope Lane area. Several
of the residents that were scheduled to be here couldn't be here, so
with the Board's --
COMMISSIONER SAUNDERS: Move to continue.
MR. OCHS: -- approval, we'll continue to the next meeting.
CHAIRMAN McDANIEL: It's been moved.
COMMISSIONER TAYLOR: Second.
CHAIRMAN McDANIEL: And seconded that we continue
Item 11A. Are we going to set it for our next meeting?
MR. OCHS: Yes, sir.
CHAIRMAN McDANIEL: Okay. It's been moved and
seconded that we continue 11A to our next stated communication.
Any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
October 8, 2019
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CHAIRMAN McDANIEL: Opposed same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: Commissioner Fiala voted in favor
of, even though she wasn't in her seat.
Item #9C
AN ORDINANCE AMENDING ORDINANCE NUMBER 04-41,
AS AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH INCLUDES THE
COMPREHENSIVE LAND REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA,
TO AMEND THE AIRPORT ZONING MAPS FOR NAPLES
MUNICIPAL AIRPORT, MARCO ISLAND EXECUTIVE
AIRPORT, EVERGLADES AIRPARK, AND IMMOKALEE
AIRPORT; TO ADD A REVIEW PROCESS FOR AIRSPACE
OBSTRUCTIONS; TO ADD AIRPORT LAND USE
RESTRICTIONS; TO ALLOW ADDITIONAL PRICING
SIGNAGE FOR FACILITIES WITH FUEL PUMPS AND TO
ALLOW ELECTRONIC FUEL PRICING SIGNS; BY PROVIDING
FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS
OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS
TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY
AMENDING THE FOLLOWING: CHAPTER TWO – ZONING
DISTRICTS AND USES, INCLUDING SECTION 2.03.07
OVERLAY ZONING DISTRICTS; CHAPTER FOUR – SITE
DESIGN AND DEVELOPMENT STANDARDS, INCLUDING
SECTION 4.02.06 STANDARDS FOR DEVELOPMENT IN
AIRPORT ZONES; CHAPTER FIVE – SUPPLEMENTAL
STANDARDS, INCLUDING SECTION 5.05.05 FACILITIES
WITH FUEL PUMPS, SECTION 5.06.00 SIGN REGULATIONS
October 8, 2019
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AND STANDARDS BY LAND USE CLASSIFICATION,
SECTION 5.06.06 PROHIBITED SIGNS; AND APPENDIX D
AIRPORT ZONING; SECTION FOUR, CONFLICT AND
SEVERABILITY; SECTION FIVE, INCLUSION IN THE
COLLIER COUNTY LAND DEVELOPMENT CODE; AND
SECTION SIX, EFFECTIVE DATE - MOTION TO APPROVE
THE FIRST READING – APPROVED
MR. OCHS: Mr. Chairman, we move on to Item 9C. This is a
recommendation to amend the Collier County Land Development
Code to do two things. One is to establish a restriction zones and an
overlay map for your Naples Municipal Airport, Marco Island
Executive Airport, Everglades Airpark, and the Immokalee Airport.
Again, that's to add a review process for airspace obstructions; and,
secondly, to make some changes to allow additional pricing signage
for facilities with fuel pumps and to allow electronic fuel pricing
signs.
Staff's available to make a presentation if the Board would like it
or to answer questions.
COMMISSIONER TAYLOR: I'd like to move approval. I
mean, this --
COMMISSIONER SOLIS: Second.
CHAIRMAN McDANIEL: It's been moved and seconded that
we approve the phenomenal presentation and that we move forward
as recommended by staff.
Any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN McDANIEL: Aye.
October 8, 2019
Page 229
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposed same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
MR. OCHS: Best one of the day, Jeremy.
CHAIRMAN McDANIEL: Good job.
MR. OCHS: This takes us to Item 10, Board of County
Commissioners.
Item #10A
RESOLUTION 2019-194: A RESOLUTION SUPERSEDING AND
REPLACING RESOLUTION NO. 92-329 IN ORDER TO
INCLUDE VAPING IN THE NO-SMOKING POLICY FOR ALL
COLLIER COUNTY BUILDINGS – ADOPTED
MR. OCHS: Item 10A is a recommendation to adopt the
resolution superseding and replacing Resolution No. 92-329 in order
to include vaping in the no smoking policy for all Collier County
buildings.
COMMISSIONER SAUNDERS: Move to approve.
COMMISSIONER FIALA: Second.
COMMISSIONER TAYLOR: Second.
CHAIRMAN McDANIEL: I have a question of the -- just as --
just a clarification. Are we going to limit the capacity of those that
choose to vape to the same areas that we have designated for those
who choose to smoke? We're just not allowing -- we're going to
prohibit vaping within government buildings and such?
MR. KLATZKOW: It's within buildings.
COMMISSIONER FIALA: Did you say that?
October 8, 2019
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CHAIRMAN McDANIEL: Yes, I did.
MR. OCHS: Yes, that's the intent, Commissioner. The
designated outdoor smoking areas you can vape.
CHAIRMAN McDANIEL: So for those who choose to utilize
that -- we're not banning vaping.
COMMISSIONER TAYLOR: You disagree.
CHAIRMAN McDANIEL: We're just --
MR. KLATZKOW: This is just within buildings.
CHAIRMAN McDANIEL: Yes, correct. Fine.
It's been moved and seconded that we -- we approve this item
for -- and adjust the resolution for the smoking ordinance.
Any other discussion?
COMMISSIONER FIALA: Yeah. I just wanted to ask, why
would we allow vaping? Just out of curiosity's sake, being that
they're showing that there's so many, you know, accidents that can
happen with that. Am I missing something?
COMMISSIONER SAUNDERS: We are preempted from
really regulating smoking except for in our own facilities. And so,
for example, we couldn't say that you can't vape out in public because
you can smoke in public, and, so...
But I think this is as far as we can --
COMMISSIONER FIALA: Oh, I see. Okay.
CHAIRMAN McDANIEL: We all know it's relative -- there is
an opportunity for poor health circumstances, but we certainly don't
have the power here to legislate folks away from it even though this
might not be such a great idea.
COMMISSIONER FIALA: In our own building.
CHAIRMAN McDANIEL: In our own building we can.
MR. OCHS: You can. Not outside of your buildings, on your
grounds.
CHAIRMAN McDANIEL: In our own building, but not while
October 8, 2019
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they're out on their own.
COMMISSIONER FIALA: That's what I was asking.
CHAIRMAN McDANIEL: Okay. All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposed same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
Item #10B
DIRECT THE COUNTY ATTORNEY TO ADVERTISE AND
BRING BACK FOR FUTURE CONSIDERATION AN
ORDINANCE ESTABLISHING A BAN AGAINST CAST NET
FISHING AT ANN OLESKY PARK ON LAKE TRAFFORD –
APPROVED
MR. OCHS: Item 10B was previously Item 16H1. This is a
recommendation to direct the County Attorney to advertise and bring
back for future consideration an ordinance establishing a ban against
cast-net fishing at Ann Olseky Park on Lake Trafford, and
Commissioner Taylor brought this forward.
COMMISSIONER TAYLOR: And just briefly, while I
appreciate the fact that I don't live there and -- but I have actually
witnessed folks fishing with cast nets for food. I watched it. I've
watched them their nets and put their food in coolers, the fish they
catch.
So I'd like to see if there wasn't something so Draconian that we
October 8, 2019
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could do up there to minimize the litter from the fish that are left
behind. You know, maybe there's some warning signs. Maybe
there's some kind of enforcement initially, and if it doesn't work, I
certainly respect the idea that alligators like to eat fish, and if you're
going to leave it on the side of the lake out there, they're going to
kind of go to it.
But at this point I would hate to see us ban cast netting when
people actually have used it for nutrition. Excuse me. I can't even
talk right now.
CHAIRMAN McDANIEL: Did you get the letter from the CRA
of Immokalee recommending support of this ban?
COMMISSIONER TAYLOR: Uh-uh.
CHAIRMAN McDANIEL: Did you get the letter from Ski
Olesky, the owner of the marina at the end?
COMMISSIONER TAYLOR: You know, I get it, but I still
have watched people cast net, and these people cannot afford a boat.
You know, there's -- they can't afford -- you know, maybe they've got
fishing -- they could fish, but cast netting gets a lot more fish.
CHAIRMAN McDANIEL: Well, I would like to -- I asked Sue,
and maybe she did hear me or I wasn't clear, but I had asked the letter
of support coming from the Chamber of Commerce of Immokalee,
the CRA of Immokalee -- this has been a long time discussed and has
been going on. I've got letters of support from our Chamber of
Commerce and from the CRA, and this suggestion works well for the
community, so...
COMMISSIONER FIALA: Make a motion.
CHAIRMAN McDANIEL: Commissioner Saunders was first.
COMMISSIONER SAUNDERS: Yes. I was just going to say,
this was just to bring back an ordinance so we can have that
conversation about whether we should impose it. Let's bring the
ordinance back and see what the public has to say.
October 8, 2019
Page 233
CHAIRMAN McDANIEL: This is the first --
COMMISSIONER TAYLOR: Step.
CHAIRMAN McDANIEL: This is the first step in the process.
Then we'll have a reading and have discussion, and I'll be able to
introduce those letters of support as well.
MR. KLATZKOW: Yes, sir.
CHAIRMAN McDANIEL: It's been moved to --
COMMISSIONER FIALA: Second.
CHAIRMAN McDANIEL: And seconded that we proceed on
with the recommendation to ban cast netting in the park. Any other
discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposed same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
Item #11B
RESOLUTION 2019-195: THE PROPOSED COLLIER COUNTY
STATE AND FEDERAL LEGISLATIVE AND
ADMINISTRATIVE PRIORITIES FOR 2020 AND ADOPT THE
ATTACHED RESOLUTION – ADOPTED
MR. OCHS: Item 10B is a recommendation to approve the
proposed Collier County state and federal l egislative and
October 8, 2019
Page 234
administrative priorities for 2020 and adopt the attached resolution.
Mr. Mullins is available to present or respond to questions from
the Board.
CHAIRMAN McDANIEL: Do you want a presentation?
COMMISSIONER SOLIS: No, sir.
CHAIRMAN McDANIEL: Discussion? I've read it.
COMMISSIONER SAUNDERS: Move to approve.
COMMISSIONER SOLIS: Second.
COMMISSIONER TAYLOR: The only thing I have a problem
with -- it's not in front of me -- is the one where they're talking about
limiting the environmental community to two years in projects. And
I understand it; I get it. But if we've learned anything from what is
going on with our waterfront and our dead dolphins, you know,
rolling up into the beaches and all the things that we have done to the
environment, I just have a problem with that one, so I just wish it
wouldn't be one of our priorities.
I think -- I think -- I think the environment is critical to our
future -- our economic and commercial future of Florida. And I
understand it can be used as a tool. I'm not convinced that -- I'm just
not convinced with this particular recommendation used as a tool for
delay, pardon me. I'm just not convinced that this is -- this is --
CHAIRMAN McDANIEL: Do you have any response to that,
John?
MR. MULLINS: Basically, what she's referring to is the one
federal decision memorandum of understanding, which several
agencies agreed to in the past after the Trump administration came to
D.C., and it streamlines the environmental review process and tries to
get a decision down below two years.
Now, that is also an interim agency policy that is in place right
now. The legislative priority is around the permanency of that and
having Congress make that a part of the infrastructure act that they
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have pending before them now.
CHAIRMAN McDANIEL: Gotcha, okay. So, necessarily,
there's more to come?
MR. OCHS: Staff supports that, obviously.
CHAIRMAN McDANIEL: Right. Any other discussions?
(No response.)
COMMISSIONER FIALA: I didn't have any problems with it.
CHAIRMAN McDANIEL: Did I get a motion to approve these
legislative priorities?
MR. MULLINS: Mr. Chairman, if I could add to that, I would
also like to have the Chair authorized to draft any position letters on
behalf of the Board as needed for those issues and projects outlined in
the priorities document.
COMMISSIONER SAUNDERS: Mr. Chairman, I'll make that
motion to approve.
COMMISSIONER FIALA: Second.
CHAIRMAN McDANIEL: It's been moved and seconded. Any
other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposed same sign, same sound.
COMMISSIONER TAYLOR: I'm going to oppose for reasons
stated.
CHAIRMAN McDANIEL: 4-1.
MR. MULLINS: Thank you.
Item #11C
October 8, 2019
Page 236
DIRECT STAFF ON CHANGES, IF ANY, REGARDING
STANDARDS FOR BOARDING OF HORSES IN THE ESTATES
ZONING DISTRICT - MOTION TO CONTINUE TO A FUTURE
BOARD MEETING AND ENGAGE COMMUNITY CIVIC
ASSOCIATIONS – APPROVED
MR. OCHS: Item 11C is a recommendation to direct the staff
on changes, if any, regarding standards for boarding of horses in the
Estates zoning district.
Jeremy Frantz is here to make the presentation.
MR. FRANTZ: And I do have one registered speaker,
Mr. Chairman.
MR. OCHS: Go ahead, Jeremy.
MR. FRANTZ: Jeremy Frantz with the Zoning Department --
or Zoning Division.
So I can just make a brief presentation. You asked us to come
back with an explanation of how horse boarding is currently
regulated by the LDC.
So, essentially, on properties that are greater than 20 acres in
size, in the rural agricultural district it is a permitted use for
commercial stables. On properties less than 20 acres in size, it's a
conditional use for commercial stables. It would be a permitted use if
it's for personal use only. It was limited to two horses per acre.
CHAIRMAN McDANIEL: That's within the Estates zoning
classification as well is two horses per acre.
MR. FRANTZ: No -- sorry, yes. In the Estates it's an accessory
use only to have horses on your property limited, again, to two horses
per acre. And there's some minimum setbacks from adjacent
residential properties.
There's a lot of words on the page here, but the message is really
October 8, 2019
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just that in the Growth Management Plan we have pretty tight
limitations on what kinds of nonresidential uses can be located in the
Estates and where they can be located.
And if the Board desires to move forward with an expansion of
horse boarding in the Estates, we think there's a number of issues that
should be vetted through the normal public process of an LDC
amendment or a GMP amendment if necessary.
And that's all I have for you. So if you have any questions or
directions...
CHAIRMAN McDANIEL: Commissioner Taylor?
COMMISSIONER TAYLOR: I, you know, was a little
confused about how we were going to go about this, and then I saw
your chart which referenced other counties that are doing this. And I
was particularly interested in the Village of Wellington because if
anybody does it well, they do it well there.
So I hope -- I would support this going forward. I think we need
to explore this. To me it's such a wonder fit to have that possibility in
Golden Gate and to increase the -- you know, the amount of stalls
that can be built there. So I would support this. I think this is your
issue, sir.
COMMISSIONER SAUNDERS: Well, I brought it forward,
and I'm going to suggest -- I know that the civic association is
vociferously opposed to this as well as, I'm sure, a lot of Golden Gate
folks are.
It's late. I want to suggest that we just continue this generally so
we can perhaps schedule, at some point down the road, maybe a
workshop or get some more information. But to try to make a
decision today, I think would be -- just would not be the right thing to
do.
So I'm going to suggest that we continue this generally, not to a
specific date. Let me get back with some more information and get
October 8, 2019
Page 238
with staff, and then we'll bring something back and meet with the
Golden Gate Civic Association as well.
CHAIRMAN McDANIEL: I'll second that motion. And I
had -- on my Monday meeting with staff, I had suggested -- I hadn't
even heard from Mike or anybody else. But I'm quite familiar and
intimate with horse boarding and there is --
COMMISSIONER TAYLOR: Yeah.
CHAIRMAN McDANIEL: There are positives and negatives.
We've had a lot of history with this use throughout Collier County for
a long time. So -- and I suggested that we reach out -- there is an
organized homeowners association in the old Unit 29 down off the
parkway, there is an organization homeowners association over on
Oaks Boulevard, and there was a start of a homeowners association
off of Logan at one time.
COMMISSIONER FIALA: Beck Boulevard, too.
CHAIRMAN McDANIEL: I'm sorry?
COMMISSIONER FIALA: Beck Boulevard, too, right?
CHAIRMAN McDANIEL: Beck?
COMMISSIONER FIALA: Beck Boulevard, yeah.
CHAIRMAN McDANIEL: That's not in the Estates, is it?
COMMISSIONER FIALA: Well, no. It's probably in East
Naples.
CHAIRMAN McDANIEL: Yes. And so predominately this is
having to do within the Estates-zoned lands. So I wanted to reach out
to those four -- and, of course, the Golden Gate Civic Association.
And just as a thought, we could have some discussion about --
because we trifurcated Golden Gate and delineated urban Golden
Gate Estates, Golden Gate City "the," and Rural Golden Gate Estates.
Maybe we could have some discussion. Of the four homeowners
associations, three represent in the Urban Golden Gate Estates, and
the Rural Golden Gate Estates can have their own gig if, in fact, they
October 8, 2019
Page 239
chose to. So it's certainly -- that's what I'd like to see. I'd support the
continuance and direct staff to reach out to those groups specifically.
COMMISSIONER FIALA: And could they reach out to us and
tell us and -- I didn't see any reason why they objected to it. It
sounded okay to me, you know.
CHAIRMAN McDANIEL: Well -- and I'm going to share with
you a couple of things. Folks -- there are -- we have -- we were
shown the allowances of horse-boarding facility that are currently
existent businesses within Collier County that have adhered to the
ordinances that we have that are ongoing businesses. And if we were
to magnanimously open up a large sector to compete with those that
are already conducting business, there would be a detraction of
ongoing business efforts now, one.
Two, in the Eastern Collier County, specifically in Golden Gate
Estates, we don't have as much infrastructure to support traffic
comings and goings. And with these commercial leasing operations,
sometimes there's events, there's lessons, there's horse shows. There's
all kinds of things that can transpire, and we've had those issues in
the past, and we don't have the infrastructure in Eastern Collier
County to support those kind of activities, so...
COMMISSIONER FIALA: The reason I'm clue -- or, like,
chiming in on this just a little bit, when we had that big fire a couple
years ago and the guys over on Beck Boulevard, those ranches back
there, and they have many, many, many horses. And they called out,
and within half an hour, everybody was bringing their horse traces in
to help -- horse trailers in to bring those horses back.
I thought, it sounded like it's a movie. You know, it was -- it
gives you goose pimples and everything to see how they were doing
that. So I was wondering how it would affect those people.
CHAIRMAN McDANIEL: Well, those are the ones that I
was -- some of those ones are actual commercial horse-boarding
October 8, 2019
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facilities that are on agriculturally zoned lands not within the Estates.
COMMISSIONER FIALA: Okay.
CHAIRMAN McDANIEL: And so it's -- and they meet
criterion of 20 acres and so -- and have gone through the processes to
become an ongoing business.
COMMISSIONER FIALA: Okay.
CHAIRMAN McDANIEL: Do you want to speak or you want
to --
MR. RAMSEY: Yes.
CHAIRMAN McDANIEL: -- speak, or do you want to talk us
out of the continuance?
MR. RAMSEY: No, I want to speak and talk you into the
continuance. It will be quick. I know it's late.
CHAIRMAN McDANIEL: You're our only registered speaker.
MR. RAMSEY: I know it's quick -- I mean, I know it's late, and
I'll be quick because I'm dog tired, too.
So my name is Mike Ramsey. I'm the president of the Golden
Gate Estates Area Civic Association.
In regards to this issue, two quick things I'd like to point out to
also continue in the discussion and the debate and to include in this.
One, since this has come out, we've had -- I've had many
discussions, a lot of my people trying to understand that horses are
not tied to the Right to Farm Act and are not considered bona fide
agriculture anymore under the current rules in Collier County.
Since 2006, I think the federal government and also socially it's
not considered legally and properly to process horses for food.
So because of that issue, horses are not included in the food and
fiber stream considered to be bona fide agriculture deserving of an ag
exemption under DOR. So I hope we get that cleared up out in the
Estates, too, because this is not a -- this is a historical ag use legally.
The last thing is, and I agree with McDaniels (sic) --
October 8, 2019
Page 241
Commissioner McDaniels, currently the infrastructure's borne out by
the AUIR. It doesn't support retail business in the Estates promoted
by the proposal of commercial boarding.
And last, we have a concern because of prior issues. We went
through the 20-acre hog issue in the past. That was an issue with
neighbors and sound and noise and other things, but from that we
learned that we need to have a concern about an organic waste
nutrient stream flow into the groundwater and surface water.
So based on the issues that's been happening since -- the last two
years with blue-green algae, we think this should be included in the
discussion about water quality and the increase in the nutrient flow
into the surface water because we've had some interesting discussions
about the Estates' involvement in chemicals or contaminates going
into Naples Bay, and I'd like for that to be a little bit more
understood.
So those are my two or three things, and thank you for your
time.
CHAIRMAN McDANIEL: Thank you.
COMMISSIONER TAYLOR: I think that the challenge with
the nutrients going into Naples Bay is your septic tanks.
CHAIRMAN McDANIEL: No, not in Eastern Estates.
COMMISSIONER TAYLOR: It's still part of groundwater.
CHAIRMAN McDANIEL: It's not in Eastern Estates.
COMMISSIONER TAYLOR: No septic tanks there?
CHAIRMAN McDANIEL: There are septic tanks there. And
just to fortify the point -- and we're going down a different rabbit
hole, but I just want you to segregate. I engaged our Pollution
Control team to go do studies and test the effluence from human
activity all the way in. Because I was going to -- I was going to
promote an ordinance to elevate the requirements for the highest and
best science for new septic tank. We're 50 percent built out in
October 8, 2019
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Golden Gate Estates, and we're using technology from a hundred
years ago. And I was going to develop an ordinance to dictate that
the second half of the development required the highest and best
science.
Our Pollution Control team came back and said, we can't
support your ordinance. Jeff and I worked on it for months getting
that ordinance -- well, maybe -- look at him, he's looking at me. We
worked on the preparation of that ordinance for months. And then --
and when staff said they couldn't support my thought process, my
thought process -- now, get west of 951 into Golden Gate City where
you move into six units an acre and 70 percent of the community's on
septic tank, that's a whole 'nother discussion. But Eastern Collier
County, no. The dispersal of the two-and-a-half-acre lots is sufficient
to let Mother Nature do its job.
So, with that, it's been moved and seconded we continue this
item and engage the communities, the civic associations. Good with
that?
COMMISSIONER SOLIS: Yeah. They've been in Pine Ridge
for decades. We love them. Yeah -- sorry.
CHAIRMAN McDANIEL: That's okay. I was going to get to
telling another story, but I won't.
All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposed same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
COMMISSIONER FIALA: Aren't they also on the other side of
October 8, 2019
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Livingston Road; isn't there a bunch of them?
COMMISSIONER SOLIS: Yeah, there's --
COMMISSIONER FIALA: I've never been back there, but I
heard about it.
CHAIRMAN McDANIEL: How we doing?
COMMISSIONER TAYLOR: Just a matter of time.
Item #11D
AWARD INVITATION TO BID NO. 19-7615, CONSTRUCTION
OF BIG CORKSCREW ISLAND REGIONAL PARK – PHASE I,
TO ASTRA CONSTRUCTION SERVICES, LLC, IN THE
AMOUNT OF $45,065,454 AND AUTHORIZE THE CHAIRMAN
TO SIGN THE ATTACHED AGREEMENT – APPROVED
MR. OCHS: Item 11D is a recommendation to award a contract
for construction of Big Corkscrew Swamp Island Regional Park
Phase 1 to Astra Construction Services, LLC, in the amount of
$45,065,454 and authorize the Chairman to sign the agreement.
Mr. Carnell is available to make a presentation or respond to
questions from the Board.
CHAIRMAN McDANIEL: I'd love to have a big presentation
and go on and on about how wonderful this is, but I don't think we
need to. So I'm going to make a motion for approva l.
COMMISSIONER SAUNDERS: Second.
MR. MILLER: Mr. Chairman, I do have one registered speaker.
COMMISSIONER TAYLOR: Going to talk us out of it?
MR. RAMSEY: We are 100 percent in support of this. Mike
Ramsey, president of the Estates Civic Association. Go, go, go.
CHAIRMAN McDANIEL: Take no prisoners. Leave none
standing. It's been moved and seconded that we approve 11D as
October 8, 2019
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requested. Any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposed same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
MR. OCHS: Thank you.
MR. CARNELL: If I could just briefly commend your Facilities
Management and Procurement staff. This thing was extremely
complicated and laborious, and we landed on our feet with an
excellent bid and excellent contractor. Looking forward to it.
CHAIRMAN McDANIEL: Thank you to those who
participated in that. And I see Ted back there. Not Dan. Ted.
Item #11F
AWARD INVITATION TO BID NO. 19-7616 “DEEP INJECTION
WELL FOR COLLIER COUNTY LANDFILL TO YOUNGQUIST
CONSTRUCTION INC., IN THE AMOUNT OF $6,788,782, AND
AUTHORIZE THE CHAIRMAN TO EXECUTE THE ATTACHED
CONSTRUCTION SERVICES AGREEMENT – APPROVED
MR. OCHS: All right. 11F is a recommendation to award a
contract for a deep injection well for the Collier County Landfill to
Youngquist Construction in the amount of $6,788,782 and authorize
the Chairman to execute the construction services agreement.
October 8, 2019
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COMMISSIONER TAYLOR: Move approval.
COMMISSIONER SAUNDERS: Second.
COMMISSIONER FIALA: Second.
CHAIRMAN McDANIEL: It's been moved and seconded that
we approve as recommended.
Any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposed same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: Good presentation, again, Kari.
MS. HODGSON: Thank you.
Item #11G
DIRECTION TO THE COUNTY MANAGER REGARDING THE
OUTSTANDING INVOICE IN THE AMOUNT OF $326,178.24
FOR RELOCATING THE CITY OF EVERGLADES’ UTILITIES
DURING THE REPLACEMENT OF THE CHOKOLOSKEE
BRIDGE - MOTION TO FORGIVE THE INVOICE AMOUNT
(OPTION 3) – APPROVED
MR. OCHS: 11G is a recommendation to provide direction to
the County Manager regarding the outstanding invoice in the amount
of $326,178.24 for relocating the City of Everglades utilities during
the replacement of Chokoloskee bridge.
October 8, 2019
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Commissioners, this was a project that the county constructed a
few years back where we had an interlocal agreement -- it's part of
your packet -- with the City of Everglades City that they would
reimburse the county for expenses incurred to relocate the city's
utility lines on that project.
So that cost is reflected here, and we've since billed the city. I
received a correspondence that's in your packet from the mayor
saying that they did not -- they were not in a position to provide the
repayment, so we've, essentially, offered a couple of options here to
the Board.
Mr. Chairman, one would be to forgive the debt, and the second
would be to try to negotiate some kind of a repayment plan with the
city knowing that the mayor has indicated they don't have the funding
right now.
CHAIRMAN McDANIEL: Commissioner Fiala?
COMMISSIONER FIALA: Yes. You know, I know we're not
in the habit of giving away money, and I understand that, but
Everglades City has been through so many problems and been hit so
hard, not only by some of the actions of previous people, but then
they get hit with a hurricane that's monumental. None of us got hit as
hard as Everglades City. They're still trying to recover. They're just
a teeny little place with very few taxpayers. And when they don't
even have a house to pay taxes on because they're still rebuilding, I
think that we ought to -- some people in our own county office are
really good at finding some money. You know, a nickel here, nickel
there, nickel everyplace. I think we ought to foot the bill somehow
and take care of them.
COMMISSIONER TAYLOR: Is that a motion?
COMMISSIONER FIALA: Yes.
COMMISSIONER TAYLOR: I'll second it.
CHAIRMAN McDANIEL: Or I could, but that's okay. That's
October 8, 2019
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exactly what I was going to say.
COMMISSIONER FIALA: Oh, I read it.
CHAIRMAN McDANIEL: Well, within reason of -- I wouldn't
have said it that way, but that's where I wanted us to go. I mean, I've
been working with those folks forever on this circumstance and,
really, the only other answer to this is litigating, and I'm not going to
do it.
COMMISSIONER FIALA: And it's your district. You made
the motion. I just said your words.
CHAIRMAN McDANIEL: That's okay.
COMMISSIONER SOLIS: Well, I mean, I think the options are
forgive it or try to negotiate something.
CHAIRMAN McDANIEL: I've been negotiating for a year, so
I'm going to make a motion that we forgive it.
COMMISSIONER TAYLOR: Second. And may I add that --
COMMISSIONER SOLIS: I think this merits discussion
because --
CHAIRMAN McDANIEL: Okay. I'd be happy to discuss it.
It's been moved and seconded that we take Option B here and forgive
the indebtedness. Now we'll open up for discussion.
Commissioner Solis.
COMMISSIONER SOLIS: I mean, it's -- I mean, it's a
municipality. I feel for them, but it's a municipality. They've had
their issues running their municipality; I understand that. I mean, I
think there has to be some involvement from the munic ipality; some.
I mean, you know -- and I'm not saying it's -- there has to be some
contribution to this; something. And it doesn't feel right to me to just
forgive. I mean, it's a -- they've got their own --
COMMISSIONER FIALA: Maybe this will allow them to get a
steady footing for the next bill that's coming up, you know. There's --
I'm sure there will be many more.
October 8, 2019
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CHAIRMAN McDANIEL: They just -- and, Commissioner
Taylor, your light is lit. Do you want to go next? And I'll share what
went on Tuesday night at the Council meeting. I was there in
Everglades Tuesday night.
COMMISSIONER TAYLOR: Everglades City is still digging
the muck, the polluted muck out of their city. They don't have
enough money to repair the streetlights in the town. This wa s signed
by the former mayor without knowledge of the Council.
When the Council reconvened after the mayor change, they were
told by the former mayor that they had $6 million in reserve. They
found out that also was incorrect. Then they got hit by Irma , which
Commissioner Fiala said, and they are struggling to become solvent.
They are raising the rates of the water and sewer down there
because they need to. They wanted to replace the water plant. But
the fact that they didn't even know as a council that the former mayor
had signed this, and as some of them said, if it had been me, I would
have done it very differently. I never would have done this like this.
I just think we need to kind of -- compassion is called for, not --
CHAIRMAN McDANIEL: It's compassion and --
COMMISSIONER TAYLOR: -- not the rule.
CHAIRMAN McDANIEL: -- pragmatism at the same time. I
mean, I'm the pragmatism side. There is compassion. But, you
know, there again, the prior mayor -- the prior mayor obligated the
city for the indebtedness, didn't follow the charter of the city with
regard to his conveyance of that information and obligation to the
residents or to the balance of the Council.
And I have been quietly working through the system to try to
induce them to make some kind of a payment plan. The problem
with -- and you're okay, but there is -- lawyers are entitled to their
opinions, and there is the question with regard, if you -- if you make
any kind of a payment towards an obligation and your counsel is
October 8, 2019
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telling you that they have defense for you to not pay the indebtedness
and you make any kind of an act -- any kind of an acquiesce to the
indebtedness, then you're obligated for the indebtedness. And their
lawyer is telling them that they're not obligated legally fo r the
indebtedness. Right or wrong, but that's the position that they're in.
COMMISSIONER FIALA: How many people are in
Everglades City?
CHAIRMAN McDANIEL: Less than a thousand.
COMMISSIONER TAYLOR: Yeah.
CHAIRMAN McDANIEL: And they did, Tuesday night, raise
the rates on their water and sewer. First time in sewers in -- 1991
was the last time they had a sewer rate increase.
COMMISSIONER TAYLOR: And explain how much they
raised it.
CHAIRMAN McDANIEL: It was more than a double. It was a
200 percent increase in sewer rates from what they were set for in
1991.
Now, they have a consent order that they are operating under.
The 45-day trigger's been set on them with the DEP with regard to
compliance with the consent order, and this was one of the requi sites
that they had to do to show that they had the financial worthiness to
continue on.
They're working with the legislature to get money to replace the
wastewater facility which we all know is in dire need of being
replaced. So I think this -- I don't disagree with what you're saying in
some form or format, but any kind of an act -- any kind of an
agreement to would obligate them for the entire amount, so...
COMMISSIONER SOLIS: No, but, I mean, I think an option
would be some lesser amount. I mean --
CHAIRMAN McDANIEL: Yeah, no.
COMMISSIONER SOLIS: Or some -- you know, I'm not
October 8, 2019
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suggesting the whole thing or even the majority of it. I'm just saying
it just seems to me that --
CHAIRMAN McDANIEL: I gotcha.
Commissioner Saunders?
COMMISSIONER SAUNDERS: I was just going to say, the
grinch at the right side of the Board has a good point --
CHAIRMAN McDANIEL: What did you call me?
COMMISSIONER SAUNDERS: I mean, not really a grinch.
No, I was saying the grinch at the far end.
I'm going to support this, but I would be very careful going
forward with any additional --
COMMISSIONER TAYLOR: Agree.
COMMISSIONER SAUNDERS: I understand the economic
problems there, but as Andy said, they are a city, and I'm willing to
go with this one, but I'll be unlikely to go with any additional ones.
COMMISSIONER SOLIS: There are some other -- I mean, the
utilities, I mean, we've been involved in a lot of these issues, and I
just don't want there to be the impression that, you know, anything
now is going to be this way. I think there has to be some sharing of
responsibility, so...
CHAIRMAN McDANIEL: I don't disagree with that thought,
but there's a lot more to this pie than just, in fact, that, but --
COMMISSIONER SOLIS: Okay.
CHAIRMAN McDANIEL: And, again, it's, you know, constant
communication with myself and Commissioner Taylor and the mayor
and the entire swap-out of the Council and the things that we've got
going on.
I mean, two years ago when I became commissioner, nobody
went to their council meetings. That room's packed now, and the
community's engaged and involved. We've got a lot of really good
things happening, so...
October 8, 2019
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COMMISSIONER TAYLOR: There was no need to go two
years ago --
CHAIRMAN McDANIEL: Well, because of the dictator.
COMMISSIONER TAYLOR: -- to the council meeting. The
decisions had already been made.
CHAIRMAN McDANIEL: Correct. The dictator was doing
what he did.
All right. It's been moved and seconded Option B and the
forgiveness of the indebtedness.
Any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposed same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved. Nice report.
MR. AHMAD: Great presentation by me.
COMMISSIONER FIALA: Jay, good to see you again.
MR. AHMAD: Thank you.
CHAIRMAN McDANIEL: Not about traffic.
COMMISSIONER FIALA: I haven't seen him in a while.
Item #11H
AWARD AN AGREEMENT FOR REQUEST FOR PROPOSAL
NO. 19-7537, “AFFORDABLE HOUSING MARKETING
OUTREACH CAMPAIGN,” TO QUEST CORPORATION OF
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AMERICA, INC., AND AUTHORIZE THE CHAIRMAN TO SIGN
THE ATTACHED AGREEMENT - MOTION TO APPROVE AS
RECOMMENDED BY STAFF – APPROVED
MR. OCHS: Item 11H was previously Item 16D4 on the
consent agenda. This is a recommendation to award an agreement for
Request for Proposal No. 19-7537 on an affordable housing
marketing outreach campaign to Quest Corporation of America and
to authorize the Chairman to sign the attached agreement.
Commissioner McDaniel moved this one forward for discussion.
Commissioner, would you like us to address the questions or make a
presentation?
CHAIRMAN McDANIEL: No. I just -- I'd like to make a
statement to my colleagues and see if there's any interest in going
forward. I'm the one that pulled this item off the consent agenda.
I am not in favor of going out and spending $80,000 and hiring a
consultant to try to promote our housing affordability or those
aspects. I'd rather apply -- one of my suggestions, when I read this,
was I'd rather take that $80,000 and actually do something good for
our community.
I know, myself, when I first moved to Collier County a
millennia ago, there was a program established to allow first-time
homebuyers a reduction in their down-payment requisites. Bank
required 10-, you could come up with five, and the county would lay
off the PP&M -- or PP&I, principal payment insurance, and the
county would offset that expense which for a first-time homebuyer
when I -- well, I was -- it was huge benefit.
And I'd suggested that rather than spending the money on a
consultant to go out and do as is being recommended, that we initiate
a pilot program or something along those lines to actually apply the
money to the folks of the community as opposed to spending it on a
October 8, 2019
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consultant.
MR. OCHS: Yes, sir. Commissioner, I believe we do that now,
but I'll get confirmation from --
MR. GIBLIN: We do. As a matter of fact, on your consent
agenda this morning you approved an expansion of that program to
award $200,000 in funding to assist with the down payment and
purchase assistance to first-time homebuyers to continue that
program.
For a few years now we have been in disaster recovery mode,
but now we are switching back to more homebuyer assistance. And
by your actions this morning, you helped spur that along.
MR. OCHS: Commissioners, I just, real briefly, remind you that
when you adopted the Community Housing Plan, there was 30
individual recommendations. We went through each and every one
with the Board. You said yes or no on each one. This one you said
yes but that you didn't want to hire staff to do it, that we should
contract for this work, and that's essentially what we went out and
sought a proposal for, and that's in front of you today. So this is
consistent with the prior board -- your board direction on the housing
plan.
CHAIRMAN McDANIEL: Correct.
Commissioner Taylor?
COMMISSIONER TAYLOR: I think this makes great good
sense, because I think you would be surprised how many people don't
know about or understand what we can offer right now. And that's
not -- that's not saying that we've been silent about it. It's just
important to do that outreach, especially -- and I'm just reading it. It's
in Spanish and English. You target certain communities that can take
advantage of this.
I think it's a very important aspect to our housing plan. So
unless anyone -- I'd like to make a motion that we approve this
October 8, 2019
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expenditure.
CHAIRMAN McDANIEL: Commissioner Saunders?
Well, is there a second?
COMMISSIONER SAUNDERS: I'll second that, but I wanted
to make a comment, if I might.
CHAIRMAN McDANIEL: Okay.
COMMISSIONER SAUNDERS: As we go through the consent
agendas on these meetings, we see a tremendous number of
consultants, and we've hired a bunch of them today, so -- and I'm
responsible for some of those consultants coming on board.
But I think that, you know, as we look at the economy that's
going to be slowing down -- we know that that -- the economy's
cyclical. And I think we have to start kind of reining in some of the
consultant agreements that we're approving.
So just as a general thought, I'll support this, but as we go
forward I want staff to be really cautious on some of these consulting
agreements going forward. I think we're going to take -- start taking
a little harder look at them.
MR. OCHS: Yes, sir.
CHAIRMAN McDANIEL: Commissioner Fiala?
COMMISSIONER FIALA: Yeah. I want to -- after we're done
with this one, would you mind if we also discussed just a little bit
16D2 where they are recommending a $200,000 award to help. I'm
not quite sure what "help" is.
COMMISSIONER TAYLOR: It was so confusing, ma'am.
And what I did is I asked staff for clarification. It's a thousand
dollars per -- the way it reads --
CHAIRMAN McDANIEL: Right.
COMMISSIONER TAYLOR: -- it looks like $200,000 is going
to go to a consultant. It's not at all. I think it's a thousand dollars
per --
October 8, 2019
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MR. GIBLIN: It's a thousand-dollar project delivery fee.
COMMISSIONER FIALA: And then they're going to give each
person that's buying $55,000, right?
MR. OCHS: Up to.
MR. GIBLIN: Up to that. Those are the maximums. And that
is the program that I was just referring to a few minutes ago tha t was
approved this morning in your consent agenda to provide that down
payment assistance program.
MR. OCHS: Commissioner, I sent you that email explaining
that yesterday afternoon. I'm sorry if you didn't receive it, but that
was the explanation.
COMMISSIONER FIALA: Yeah, you know -- and I got some
of it, but I didn't understand too much of it. And I'm wondering --
you know, I know that we give these people a lot of money, but one
of my friends has a college student and -- who has started a young
family, and she keeps saying she would love to buy a house, but it
seems that nobody gives her any money and she said, how come she
isn't in on some of this, so...
COMMISSIONER TAYLOR: Well, that's what this -- this is
exactly what we're passing right now, this Community Housing Plan
education, because it would qualify -- if she qualifies or he qualifies,
they would be eligible.
COMMISSIONER FIALA: She's a U.S. citizen. And I know
you don't have to be a U.S. citizen to have these.
COMMISSIONER TAYLOR: It's an income -- it's an income
qualification.
CHAIRMAN McDANIEL: One of the --
COMMISSIONER FIALA: Yeah. I mean, she would qualify if
she's lived here her whole life, I would think.
CHAIRMAN McDANIEL: We're all good on 16D2.
On 16D4, one of the things that I would like to see -- and,
October 8, 2019
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Commissioner Saunders, this is in line with going out and hiring a
consultant. I was -- there wasn't any measurables in this for me.
How many clients do we have now? How many people are we in
touch with right now? And how are we going to measure the value of
this $80,000 expense?
This board wisely chose to not hire from within and have our
staff go do this solicitation with regard to advertising for housing
affordability. This is a contract. What's the -- what's measurable
here?
MR. GIBLIN: It's to develop a marketing plan -- marketing
communication plan that would involve community education and
outreach, community roundtables and forums, develop a website to
match the people seeking housing assistance with units that are
available, and to match up developers with incentives that are
available through the county. The specific deliverables in the
contract are -- there's four of them listed here -- are to develop that
website, to do a print campaign, radio, television, and marketing,
social media campaign, and also to produce a 20-year
commemorative anniversary piece that would highlight the past 20
years of CDBG funding for Collier County. Next year will be our
20th anniversary of receiving -- becoming a CDBG entitlement
community.
The first step in this contract is to meet down with the consultant
to develop this year long -- and it is a one-year -- to Commissioner
Saunders' point, this is a one-year contract, and it is not anticipated to
be renewed.
But it's to develop that marketing campaign, and how many print
ads would there be? How many social media or radio/television
spots would there be? How many issues of the 20-year
commemorative piece will there be? That's Step l in the contract.
COMMISSIONER FIALA: On that same subject, then. So I
October 8, 2019
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know I'm sounding like a kindergartener here, but as long as I'm
stepping this far in, how come we can't just take an ad in the
newspaper and say, you know, for people of this income level who
are looking for assistance come in and interview? Why do we have
to spend $200,000?
MR. GIBLIN: Well, this item is for $80,000 for a year-long
marketing campaign.
COMMISSIONER SOLIS: That's the other item. We're not on
that one.
COMMISSIONER FIALA: Okay. We'll come back to that one
then. Okay.
MR. GIBLIN: And the answer is, we do. We do publish
required ads in the newspaper, on our website in conformance with
all the grants, and we do go above and beyond. But one of the
recommendations from the ULI, when they came here a couple years
ago, and your Community Housing Stakeholders Group was that we
need to get the word out more. There are people in this county who
just don't know what we have to offer. We need a strategic
advertising campaign to reach them.
And on the flip side, we have a development community who is
undereducated on what incentives there are for them to come into this
market as well.
So we see this as hitting the issue from both ends, from the
public side and the development side, to try to make them -- help
them meet in the middle.
CHAIRMAN McDANIEL: My issue with this --
COMMISSIONER FIALA: I'm sorry. I understand, because I
think when you come into lower -- very-low income areas, I don't
think they read the newspaper. So I know you can't advertise. I just
asked and, yet, I don't know how to do that unless you did it in the
churches or something.
October 8, 2019
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So, in other words, you're trying to find a way to reach out to the
people who need it, but it's difficult because -- we've tried to do that
in different instances in East Naples Civic Association, and you have
to go to the churches. That's the only way you can reach them.
MR. GIBLIN: It is, and one of the methods that this company
has been successful with in the past is in social media, Facebook,
Instagram, where people are receiving those ads on a, you know,
constant basis, and hopefully we can drill down to some of those.
CHAIRMAN McDANIEL: Let me do this. It's been moved
and seconded that we approve this agenda item. I want a count.
Somehow, some way give me a measurable for the expenditure of the
80,000, the increase in support that we're already -- or people that
we're, in fact, reaching.
MR. GIBLIN: We can do that either way. There would be page
views or --
CHAIRMAN McDANIEL: Something.
MR. GIBLIN: Okay.
CHAIRMAN McDANIEL: Something. I mean, there are
measurables. I mean, I did read the item. I saw there were a lot of
social media mechanisms that they're going to use, which I know are
very, relatively speaking, inexpensive from an advertis ing standpoint.
So I would just like to be able to -- without going down a whole
discussion with regard to the process.
So with that, it's been moved and seconded that we approve this
agenda item as recommended by staff. Any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
October 8, 2019
Page 259
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposed same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
Item #11I
THE FISCAL YEAR 2019-20 STRATEGIC MARKETING PLAN
FOR THE NAPLES, MARCO ISLAND, EVERGLADES
CONVENTION & VISITORS BUREAU (CVB) AND MAKE A
FINDING THAT THIS PLAN PROMOTES TOURISM - MOTION
TO APPROVE THE PLAN AND BRING BACK INFORMATION
FOR FUTURE DISCUSSION – APPROVED
MR. OCHS: 11I has been moved to the regular agenda. It was
previously Item 16F3, which is a recommendation to approve the
Fiscal Year 2020 Strategic Marketing Plan for the Naples, Marco
Island, Everglades Convention and Visitors Bureau and make a
finding that the plan promotes tourism.
Jack is here to present or to respond to questions, Commissioner
Taylor.
COMMISSIONER TAYLOR: I think we should have a
presentation. I'm teasing. This will be brief.
MR. WERT: Okay.
COMMISSIONER TAYLOR: This is a great marketing plan,
and, you know, I just would like a couple -- just a little bit of
adjustments or maybe additions -- I think the word is "additions" to
it. And I'd like to maybe consider this as a draft plan. And if we
could just analyze the importance of sports. And I'd like to use
pickleball because I understand that there is actually a tabulation in
our park of daily play on a per-person or per-day basis, which
October 8, 2019
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indicates these folks are from out of town.
So I'd like to -- I'd like to get that woven into this, as well as our
strategic arts plan, is what I'm understanding, is going to talk about
the marketing and talk about what it is, and I think we need to weave
that into this.
Great analysis on the luxury. Just those two things in the sports
and art, and then just come back. Because this is our marketing plan
and, you know, I think it needs -- these two things need to be
included. And you could also do FBU. I mean, FBU is -- and then
we have the tennis, and we have this great soccer tournament.
MR. WERT: Right.
COMMISSIONER TAYLOR: So those folks and those sports
events, I think, could be woven into this. And that's it.
MR. WERT: Okay. And I certainly have that note, and I
actually did add a couple of slides that I was going to try to answer
some of your questions. Because we can't show everything in the
printed piece, but there's a lot woven into this. Just so you know, in
arts and cultural, for instance, we are really planning as that plan
comes forward to you. The second half of this plan, I think we all
know, these are -- these are flexible. We may change this plan a
couple of times over the year depending on what's happening in the
marketplace.
But we're certainly ready to do exactly that, Commissioner, of
adding more in arts and culture. We've got some good programs
already using Smithsonian Magazine and so forth to really help move
forward the promotion of arts and culture.
And in the sports, I'll just tell you, we've got really a strong team
now, and now that we have brought the sports fields group in as our
operating company for the new sports complex, they're also going to
help us with marketing. We've already been to a couple of shows
already with them.
October 8, 2019
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We're selling the complex. They're selling the complex as well
and really trying to, obviously, grow their company as well to sell
other facilities that they can grow into.
So we hear you loud and clear. That is certainly going to be
part. And what I will pledge to you folks to do is we'll come back on
a quarterly basis and give you updates on what we are doing in those
two -- I mean, there's one slide in here that I think -- I don't know if
we can get them up or not.
COMMISSIONER TAYLOR: But your budget -- excuse me.
But your budget is based on this marketing plan. So you could just
weave in something and maybe come back in a couple weeks. Also,
I'd like you to address Asia.
MR. WERT: Asia we've looked at. Until we have direct flights
into Florida, there's not much reason to do it, and we are not Asia
friendly yet. We have got a lot of infrastructure to do here. You can't
just bring them in here. The hotels they stay in have to have separate
menus and all kinds of different things. We're not ready for that yet.
We'll study it, and we are, but we're not ready quite yet.
COMMISSIONER TAYLOR: Yeah, just address it.
MR. WERT: Absolutely, we will.
COMMISSIONER TAYLOR: Okay. I guess my motion is to
be that we would look at this as a draft and maybe come back in a
couple of weeks with those minor changes in it.
MR. WERT: Okay.
COMMISSIONER TAYLOR: And --
COMMISSIONER SAUNDERS: Second.
COMMISSIONER SOLIS: There's a timing issue.
MR. WERT: There is a timing issue, and I just wanted to be
sure --
COMMISSIONER SOLIS: I will just --
MR. WERT: It is -- media-wise, we've got a lot of things we
October 8, 2019
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need to place right now.
COMMISSIONER TAYLOR: Okay.
MR. WERT: So if we can come back to you and you can
approve the planning concept, and we'll come back and address t hese
other issues --
COMMISSIONER TAYLOR: That's fine.
MR. WERT: -- that would really be helpful.
COMMISSIONER TAYLOR: Okay.
COMMISSIONER SOLIS: And I'll just share that, as being the
chairman of the TDC, the amount of data that's compiled that we
looked at going into this plan was -- I think it was impressive, and
some of the data I can't even believe we have. I mean, tracking
people -- you know, we're getting data from their -- from phones.
MR. WERT: From the phones.
COMMISSIONER SOLIS: Where they're going all over town.
I mean, where they're from, where they're flying in from. I think it's
a well-done plan. And really looking at the data, some of the things
are incredibly surprising like millennials and how much money
millennials are actually spending, when the assumption was they
wouldn't spend any.
So -- but, yeah, there is a timing issue, because I brought this up
at the last TDC meeting that we do need to go ahead and approve it
so that you can place those, right?
MR. WERT: Correct, that is correct. Yeah, we've got some real
tight deadlines.
COMMISSIONER SOLIS: But, certainly, I mean, the arts
assessment that we're doing has got to be factored in, sure.
COMMISSIONER TAYLOR: And we can weave pickleball.
COMMISSIONER SOLIS: Oh, pickleball.
MR. WERT: Oh, it's in there.
COMMISSIONER SOLIS: Pickleball is way in there, yeah. It's
October 8, 2019
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in -- it's in the court.
MR. WERT: Ooh. That's good.
COMMISSIONER TAYLOR: But I don't see -- maybe you
need to come back and tell us, in terms of the parks, how many folks
are coming in and doing day play and where they're living. If you've
got that kind of tracking, where they're staying when they're here.
MR. WERT: I think you're going to see that as we bring
forward the plan for the improvements --
COMMISSIONER TAYLOR: But they may not all be luxury.
MR. WERT: -- capital improvements. All of that's got to come
back.
COMMISSIONER TAYLOR: But they may not all be that
luxury. They may not all be the luxury tourists.
MR. WERT: Oh, no. No, no, no.
COMMISSIONER TAYLOR: So that data is important.
CHAIRMAN McDANIEL: And why are you wanting that?
COMMISSIONER TAYLOR: Oh, because I think it's really
very interesting to see the success and how many people actually
come to Naples to play at the U.S. Open court.
COMMISSIONER SOLIS: We went through all that, but
certainly if the Board would like a presentation, we could do that.
MR. WERT: Sure. We can do that.
CHAIRMAN McDANIEL: I was just going to say, we can get
there if we did a presentation on that.
(Simultaneous crosstalk.)
COMMISSIONER FIALA: To meet the deadline?
(Simultaneous crosstalk.)
COMMISSIONER TAYLOR: So I'd like to make a motion to
approve the advertising as submitted by the TDC, advertising budget.
COMMISSIONER SAUNDERS: Second.
CHAIRMAN McDANIEL: It's been moved and seconded that
October 8, 2019
Page 264
we approve this agenda item. Any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposed same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
MR. WERT: Thank you, Commissioners. Appreciate it.
MR. OCHS: Thank you, Jack.
Item #15
STAFF AND COMMISSION GENERAL COMMUNICATIONS
MR. OCHS: And, Mr. Chairman, I think that takes us to
Item 15, staff and commission general communications. Nothing
from me today.
CHAIRMAN McDANIEL: Nothing. That was a quick "I'm
out."
MR. OCHS: Yes, out.
MR. KLATZKOW: Nothing, sir.
CHAIRMAN McDANIEL: County Attorney?
Madam Clerk, you've been down there quite quiet all afternoon.
THE CLERK: I know, and I apologize for being tardy this
morning. I had a really great presentation opportunity, so I took it,
and Mr. Johnssen, I'm sure, did very well.
I did want to bring the Board's attention -- I understand the
October 8, 2019
Page 265
support for the abuse shelter. Great. Some of our staff attended this
morning, so I was really sorry to be -- not to be here to recognize
them. So I just wanted to put that on the record.
We've got a great program, a partnership with the shelter. They
now staff our Domestic Violence Unit both at the Immokalee
Satellite and here at the courthouse so that we're able to assist those
that come in for domestic violence injunctions. So we've been
working very closely with them to help the citizens. So I think it's a
great program and I partnership, and sorry I missed this morning's
opportunity.
CHAIRMAN McDANIEL: Thank you.
Commissioner Solis?
COMMISSIONER SOLIS: Nothing from me.
CHAIRMAN McDANIEL: Commissioner Fiala?
COMMISSIONER FIALA: Yes. Just a couple quick things,
and that -- one of them, just to tag along with what Crystal just said.
At lunchtime I was in a place where a lady came over to my
table, and she said, I just want to thank you commissioners for
supporting the Shelter for Abused Women. She said, I'm living there
right now, and she said, I don't know what I would do without it.
And she said she's got her three little kids, two-, four-, and
six-year-old boys, and the shelter has now helped her to find an
apartment for them to move into next week. And I just -- that's a
"thank you" to all of you. And that's what she was telling me. She
wanted to let everybody know how much she appreciat ed what we've
done. That's the first thing.
The second thing is, is I talked about storage units many times,
and I came up with this idea, and I don't know if it was that we
were -- we had the subject on our agenda today or whether I had a
brainstorm, but whatever it was, I thought what about talking to staff
and seeing if we could suggest that on the bottom floor of the storage
October 8, 2019
Page 266
units they have commercial, and then the rest of them be storage
units, especially when commercial is located under very narrow
commercial roadways. That way, then, the community would still be
able to be having a place to shop, eat, or buy shoes or get a haircut,
and the rest of it could be to -- storage units. And maybe -- who
knows, maybe the storage-unit guy would want to rent them out or
sell them or something.
So that was just a suggestion, and I was wondering if we could
talk about that. It just might be happening in other areas, too, and it
might be a new way to took at it. And that came from that subject
that was in your district, wasn't it? No, it was in Burt's district.
Yeah. And, I thought, that might work out.
CHAIRMAN McDANIEL: Well, it certainly would be
something we could have some discussion about. It wouldn't
necessarily be a -- what's that?
COMMISSIONER SAUNDERS: I didn't say anything. I have
no problem with the discussion. It's just starting to get a little late.
COMMISSIONER TAYLOR: Not now.
CHAIRMAN McDANIEL: Yes, and we've got the pumpkin
getting ready to turn. She's got a grandbaby to go get. So, yes.
COMMISSIONER FIALA: Okay, good. I would love to do
that. And I don't know who initiates it. I just said it, so...
CHAIRMAN McDANIEL: I think you should initiate it.
COMMISSIONER FIALA: Huh?
CHAIRMAN McDANIEL: I think you should initiate it. We're
initiating staff to have some discussion with us --
COMMISSIONER FIALA: Okay.
CHAIRMAN McDANIEL: -- about that plausibility.
COMMISSIONER FIALA: I don't think the developers would
mind it at all.
CHAIRMAN McDANIEL: Well, it depends on the constraints
October 8, 2019
Page 267
on the parking. That's, you know, the same thing we talked about
with the commercial on the residential. The parking for commercial
sucks up a lot of per-square-foot space, and that's where the balance
comes in from an ROI standpoint, so -- but we'll talk about it.
COMMISSIONER FIALA: Good.
CHAIRMAN McDANIEL: Commissioner Saunders?
COMMISSIONER SAUNDERS: Nothing to add.
COMMISSIONER TAYLOR: Nothing.
CHAIRMAN McDANIEL: Nor have I. You all have a
wonderful evening. Thank you for your indulgence today.
*****
**** Commissioner Saunders moved, seconded by Commissioner
Taylor and carried that the following items under the Consent and
Summary Agendas be approved and/or adopted ****
Item #16A1
THE CLERK OF COURTS TO RELEASE A PERFORMANCE
BOND IN THE AMOUNT OF $25,000 WHICH WAS POSTED AS
A GUARANTY FOR EXCAVATION PERMIT NUMBER 60.154,
PL20170000928 FOR WORK ASSOCIATED WITH VI AT
BENTLEY VILLAGE MULTI-FAMILY BUILDING (DISTRICT 2)
– THE AS-BUILT LAKE CROSS SECTIONS HAVE BEEN
RECEIVED AND THE LAKE HAS BEEN INSPECTED BY
DEVELOPMENT REVIEW
Item #16A2
THE CLERK OF COURTS TO RELEASE A PERFORMANCE
October 8, 2019
Page 268
BOND IN THE AMOUNT OF $197,184 WHICH WAS POSTED
AS A GUARANTY FOR EXCAVATION PERMIT NUMBER
PL20180001558 FOR WORK ASSOCIATED WITH ISLES OF
COLLIER PRESERVE PHASE 10, LAKES 6D, 6E, AND 6F
(DISTRICT 4) – THE AS-BUILT LAKE CROSS SECTIONS
HAVE BEEN RECEIVED AND THE LAKE HAS BEEN
INSPECTED BY DEVELOPMENT REVIEW
Item #16A3
FINAL ACCEPTANCE OF THE POTABLE WATER AND
SEWER FACILITIES, AND ACCEPT THE CONVEYANCE OF
THE POTABLE WATER AND SEWER FACILITIES FOR ISLES
OF COLLIER PRESERVE PHASE 13, PL20190001298 (DISTRICT
4) – FINAL INSPECTION WAS CONDUCTED ON AUGUST 1,
2019 AND FOUND THE FACILITIES TO BE SATISFACTORY
AND ACCEPTABLE
Item #16A4
FINAL ACCEPTANCE OF THE POTABLE WATER AND
SEWER FACILITIES FOR JOINT REPLACEMENT INSTITUTE,
PL20180002249, ACCEPT THE CONVEYANCE OF A PORTION
OF THE POTABLE WATER FACILITIES, AND TO AUTHORIZE
THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE
THE UTILITIES PERFORMANCE SECURITY (UPS) AND
FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF
$6,130 TO THE PROJECT ENGINEER OR THE DEVELOPER’S
DESIGNATED AGENT (DISTRICT 4) – FINAL INSPECTION
WAS CONDUCTED ON AUGUST 28, 2019 AND FOUND THE
FACILITIES TO BE SATISFACTORY AND ACCEPTABLE
October 8, 2019
Page 269
Item #16A5
RESOLUTION 2019-184: A RESOLUTION FOR FINAL
ACCEPTANCE OF THE PRIVATE ROADWAY AND
DRAINAGE IMPROVEMENTS, AND ACCEPTANCE OF THE
PLAT DEDICATIONS, FOR THE FINAL PLAT OF PELICAN
MARSH UNIT NINETEEN, APPLICATION NUMBER 97-103,
AND AUTHORIZE THE RELEASE OF THE MAINTENANCE
SECURITY (DISTRICT 2)
Item #16A6
THE FISCAL YEAR 2019/2020 CAPITAL IMPROVEMENT
PLAN OF THE BIG CYPRESS BASIN, A PART OF THE SOUTH
FLORIDA WATER MANAGEMENT DISTRICT (ALL
DISTRICTS) – FOR THE OPERATION AND MAINTENANCE OF
THE WATERCOURSES AND WATER CONTROL
STRUCTURES IN COLLIER COUNTY
Item #16A7
RELEASE OF A CODE ENFORCEMENT LIEN WITH A VALUE
OF $125,500 FOR PAYMENT OF $550 IN THE CODE
ENFORCEMENT ACTIONS ENTITLED BOARD OF COUNTY
COMMISSIONERS V. MANUEL LOPEZ PARCHMENT,
RELATING TO PROPERTY LOCATED AT 2069 41ST TER SW,
COLLIER COUNTY, FLORIDA (DISTRICT 3) – FOR AN
UNPERMITTED STORAGE SHED THAT WAS BROUGHT INTO
COMPLIANCE ON MARCH 6, 2019
October 8, 2019
Page 270
Item #16A8
TERMINATE FOR CONVENIENCE AN AGREEMENT
AWARDED TO ASSURANCE TITLE AGENCY, LLC UNDER
RFP #17-7200, AND TO AWARD A SUPPLEMENTAL
CONTRACT TO ETITLE AGENCY, INC., UNDER RFP #17-
7200S, “REAL ESTATE TITLE & CLOSING SERVICES” - FOR
THREE YEARS WITH TWO ONE YEAR RENEWALS (ALL
DISTRICTS)
Item #16A9
RECOGNIZE FY 2019/20 TRANSPORTATION
DISADVANTAGED PLANNING GRANT FUNDING IN THE
AMOUNT OF $27,016 TO THE COLLIER METROPOLITAN
PLANNING ORGANIZATION FROM THE COMMISSION FOR
THE TRANSPORTATION DISADVANTAGED AND TO
AUTHORIZE THE NECESSARY BUDGET AMENDMENT (ALL
DISTRICTS)
Item #16A10
AWARD FIVE (5) AGREEMENTS FOR INVITATION TO BID
NO. 19-7586, “SUPPLY & DELIVERY FUNGICIDES,
HERBICIDES, & PESTICIDES,” TO: DIAMOND R. FERTILIZER
COMPANY, INC., FLORIDA IRRIGATION SUPPLY, INC.,
GREEN EFFEX, LLC, MAR GREEN RESOURCES LLC, AND
UNIVAR SOLUTIONS USA, INC. (ALL DISTRICTS)
Item #16A11
October 8, 2019
Page 271
ANNUAL HOLIDAY EVENT KNOW AS CHRISTMAS AROUND
THE WORLD PARADE HOSTED BY THE IMMOKALEE
CHAMBER OF COMMERCE. THIS RECOMMENDATION IS TO
FULFILL A REQUIREMENT OF THE FDOT (FLORIDA
DEPARTMENT OF TRANSPORTATION) TEMPORARY ROAD
CLOSURE PERMIT APPLICATION. THIS EVENT HAS BEEN
HOSTED BY THE IMMOKALEE CHAMBER OF COMMERCE
FOR OVER TWENTY-FIVE (25) YEARS. THIS YEAR THE
EVENT WILL TAKE PLACE ON SATURDAY, DECEMBER 14,
2019, FROM 4:30 P.M. - 7:30 P.M. – CLOSING SR 846 TO
NORTH 9TH STREET AND ENDING ON IMMOKALEE DRIVE
AND ESCAMBIA STREET IN FROM OF THE HIGH SCHOOL
(DISTRICT 5)
Item #16A12
AFTER-THE-FACT APPROVAL FOR THE SUBMITTAL OF A
COMMUNITY DEVELOPMENT BLOCK GRANT DISASTER
(CDBG-DR) GRANT APPLICATION TO THE FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY FOR
IMMOKALEE STORMWATER IMPROVEMENTS TOTALING
$1,165,456.16 – SOUTH OF WESTCLOX STREET, EAST OF
BOXWOOD DRIVE, WEST OF CARSON ROAD AND NORTH
AND NORTHEAST OF EDEN GARDENS AND NORTH 3RD
STREET (DISTRICT 5)
Item #16C1
A $292,908 WORK ORDER UNDER AGREEMENT NO. 14-6213
TO HASKINS, INC., TO INSTALL A NEW POTABLE WATER
MAIN TO SERVE THE RESOURCE RECOVERY BUSINESS
October 8, 2019
Page 272
PARK (“RRBP”) AND A TEMPORARY RAW WATER MAIN TO
SUPPORT CONSTRUCTION OF THE LEACHATE DEEP
INJECTION WELL FOR THE COUNTY LANDFILL – UNDER
PROJECT #70167 THE WATER MAIN FOR THE COLLIER
COUNTY BUSINESS PARK AND PROJECT #70219 LEACHATE
DEEP INJECTION WELL LOCATED OFF CITY GATE
BOULEVARD NORTH (DISTRICT 5)
Item #16C2
RANKING FOR REQUEST FOR PROFESSIONAL SERVICES
(“RPS”) NO. 19-7523, “DEVELOPMENT OF ENERGY MASTER
PLAN FOR COLLIER COUNTY FACILITIES,” AND
AUTHORIZE STAFF TO BEGIN CONTRACT NEGOTIATIONS
WITH THE TOP-RANKED FIRM, HEAPY ENGINEERING, INC.,
SO THAT A CONTRACT CAN BE BROUGHT TO THE BOARD
AT A FUTURE MEETING – PROVIDING AND ALIGNING
ECONOMIC DEVELOPMENT, ENVIRONMENTAL
SUSTAINABILITY AND ENERGY CONSERVATION
THROUGHOUT COLLIER COUNTY BUILDINGS (DISTRICT 1)
Item #16C3
REQUEST FOR PROFESSIONAL SERVICES (“RPS”) NO. 18-
7417, “DESIGN-BUILD OF ORANGETREE WASTEWATER
TREATMENT PLANT CAPACITY EXPANSION PROJECT,"
AND AUTHORIZE STAFF TO BEGIN CONTRACT
NEGOTIATIONS WITH THE TOP-RANKED FIRM OF
WHARTON-SMITH INC., SO THAT A PROPOSED
AGREEMENT MAY BE BROUGHT BACK TO THE BOARD AT
A SUBSEQUENT MEETING – INCREASING THE PERMITTED
October 8, 2019
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CAPACITY BY 0.375 MGD TO 1.125 MGD (MILLION
GALLONS PER DAY) WHICH WILL MEET CLASS 1 PROCESS
RELIABILITY AFTER THIS EXPANSION (DISTRICT 5)
Item #16D1
THE FY19-20 CONTRACT WITH THE STATE OF FLORIDA
DEPARTMENT OF HEALTH FOR THE OPERATION OF THE
COLLIER COUNTY HEALTH DEPARTMENT IN THE AMOUNT
OF $1,491,500 – EFFECTIVE FROM OCTOBER 1, 2019
THROUGH SEPTEMBER 30, 2020 (ALL DISTRICTS)
Item #16D2
THE CHAIRMAN TO SIGN A STATE HOUSING INITIATIVES
PARTNERSHIP (SHIP) SPONSOR AGREEMENT WITH THE
HOUSING DEVELOPMENT CORPORATION OF SW FLORIDA,
D/B/A HELP IN THE AMOUNT OF $200,000 TO IMPLEMENT
THE SHIP PURCHASE ASSISTANCE STRATEGY – EFFECTIVE
OCTOBER 8, 2019 THROUGH JUNE 30, 2021 (ALL DISTRICTS)
Item #16D3
TWO (2) SATISFACTIONS OF MORTGAGE IN THE
COMBINED AMOUNT OF $40,000 OF OWNER-OCCUPIED
DWELLING UNITS THAT HAVE SATISFIED THE TERMS OF
THEIR AFFORDABILITY PERIOD – FOLIO #31156005025 AND
FOLIO #35768720008 (ALL DISTRICTS)
Item #16D4 – Moved to Item #11H (Per Agenda Change Sheet)
October 8, 2019
Page 274
Item #16D5
FOR “AFTER-THE-FACT” AMENDMENTS AND
ATTESTATION STATEMENTS WITH THE AREA AGENCY ON
AGING FOR SOUTHWEST FLORIDA, INC., FOR THE
COMMUNITY CARE FOR THE ELDERLY, ALZHEIMER’S
DISEASE INITIATIVE, AND HOME CARE FOR THE ELDERLY
GRANT PROGRAMS FOR SERVICES FOR SENIORS AND
AUTHORIZE BUDGET AMENDMENTS TO REFLECT THE
FINAL FY 18/19 GRANT FUNDING AMOUNT (NET FISCAL
IMPACT $13,603.49) (ALL DISTRICTS)
Item #16D6
BUDGET AMENDMENT IN THE AMOUNT OF $200,000
RECOGNIZING AND APPROPRIATING GOLDEN GATE
COMMUNITY CENTER FUND (130) CARRY FORWARD IN
ORDER TO COMPLETE PARKING LOT RESURFACING
(DISTRICT 3)
Item #16E1 – Title Correction (Per Agenda Change Sheet)
AGREEMENT #16-1613 6613 (Per Agenda Change Sheet),
PROPERTY AND CASUALTY BROKERAGE SERVICES, WITH
ASSURED PARTNERS OF FLORIDA, LLC TO ALLOW FOR
TWO 1-YEAR RENEWAL EXTENSIONS OF THE CURRENT
AGREEMENT EFFECTIVE JANUARY 1, 2020 – EXTENDING
THE TERMS THROUGH DECEMBER 31, 2021 (ALL
DISTRICTS)
Item #16E2
October 8, 2019
Page 275
RATIFY PROPERTY, CASUALTY, WORKERS’
COMPENSATION AND SUBROGATION CLAIM FILES
SETTLED AND/OR CLOSED BY THE RISK MANAGEMENT
DIVISION DIRECTOR PURSUANT TO RESOLUTION #2004-15
FOR THE THIRD QUARTER OF FY 19 – SETTLING ROUTINE,
ADMINISTRATIVE AND MINOR CLAIMS MATTERS (ALL
DISTRICTS)
Item #16E3
SECOND AMENDMENT TO AGREEMENT #14-6293 “COLLIER
COUNTY ONSITE MEDICAL CLINIC” WITH MILLENNIUM
PHYSICIAN GROUP, LLC AT AN ESTIMATED FIRST YEAR
EXPENDITURE OF $693,367 – EFFECTIVE NOVEMBER 14,
2019 THROUGH NOVEMBER 13, 2024 (ALL DISTRICTS)
Item #16E4
RESTATE AND AMEND THE AGREEMENT TERM FOR
AGREEMENT #16-6646, “ONSITE HEALTH ADVOCACY
COACHING SERVICES,” TO NAPLES PHYSICIAN HOSPITAL
ORGANIZATION, INC., D/B/A COMMUNITY HEALTH
PARTNERS – EFFECTIVE THROUGH DECEMBER 31, 2022
(ALL DISTRICTS)
Item #16E5
RESOLUTION 2019-185: A RESOLUTION AUTHORIZING
REMOVAL OF ADDITIONAL AMBULANCE SERVICE
ACCOUNTS FROM FY 2015 AND THEIR RESPECTIVE
October 8, 2019
Page 276
UNCOLLECTIBLE ACCOUNTS RECEIVABLE BALANCES
WHICH TOTAL $41,381, FROM THE ACCOUNTS
RECEIVABLE OF COLLIER COUNTY FUND 490
(EMERGENCY MEDICAL SERVICES) FINDING DILIGENT
EFFORTS TO COLLECT HAVE BEEN EXHAUSTED AND
PROVED UNSUCCESSFUL (ALL DISTRICTS)
Item #16E6
THE SELECTION COMMITTEE’S RANKING OF REQUEST
FOR PROFESSIONAL SERVICES (“RPS”) NO. 18-7432-AH,
“PROFESSIONAL SERVICES LIBRARY - ARCHITECTURAL
HISTORIC PRESERVATION, STUDY, PLANNING AND
DESIGN CATEGORY,” AND AUTHORIZE STAFF TO BEGIN
CONTRACT NEGOTIATIONS WITH THE TOP FOUR RANKED
FIRMS, SO THAT PROPOSED AGREEMENTS MAY BE
BROUGHT BACK FOR THE BOARD’S CONSIDERATION AT A
SUBSEQUENT MEETING (ALL DISTRICTS)
Item #16E7
AGREEMENT #19-072-NS TO HYLAND SOFTWARE, INC., AS
A SINGLE SOURCE PROVIDER FOR ENTERPRISE CONTENT
MANAGEMENT SYSTEM REPLACEMENT FOR AN INITIAL
ESTIMATED COST OF $245,000, DESIGNATE HYLAND
SOFTWARE AS THE ENTERPRISE CONTENT MANAGEMENT
STANDARD FOR A PERIOD OF 10 YEARS, AND AUTHORIZE
ADDITIONAL SOFTWARE, LICENSES AND SERVICES
PURCHASES DURING THIS PERIOD (ALL DISTRICTS)
Item #16E8
October 8, 2019
Page 277
ADMINISTRATIVE REPORT PREPARED BY THE
PROCUREMENT SERVICES DIVISION FOR DISPOSAL OF
PROPERTY AND NOTIFICATION OF REVENUE
DISBURSEMENT – THESE ITEMS WERE DISPOSED AND HAD
A NET BOOK VALUE OF $9,444.66 (ALL DISTRICTS)
Item #16E9
ADMINISTRATIVE REPORTS PREPARED BY THE
PROCUREMENT SERVICES DIVISION FOR CHANGE ORDERS
AND OTHER CONTRACTUAL MODIFICATIONS REQUIRING
BOARD APPROVAL (ALL DISTRICTS) – FOR THE
FOLLOWING CONTRACTS: #18-7314 (D.N. HIGGINS), #18-
7430 (SUPERB LANDSCAPE SERVICES, INC.), AND #13-6164
(DAVIDSON ENGINEERING)
Item #16E10
ROUTINE AND CUSTOMARY BUDGET AMENDMENTS
APPROPRIATING CARRY FORWARD BUDGET IN THE
AMOUNT OF $4,405,744.16 FOR APPROVED OPEN PURCHASE
ORDERS INTO FISCAL YEAR 2020 – THAT WERE OPENED IN
FY 2019 BUT NOT COMPLETED PRIOR TO THE CLOSE OF
THE FISCAL YEAR (ALL DISTRICTS)
Item #16E11
AWARD ITB #19-7636 TO COLLIER TIRE & AUTO REPAIR –
THE CONTRACT DURATION IS FOR THREE YEARS WITH
TWO ANNUAL RENEWALS (ALL DISTRICTS)
October 8, 2019
Page 278
Item #16F1
TOURIST DEVELOPMENT TAX PROMOTION FUNDS TO
SUPPORT THE UPCOMING NOVEMBER 2019 SPORTS
TOURISM EVENTS ALLIGATOR ALLEY BASEBALL
TOURNAMENT NOVEMBER 1-3, 2019 UP TO $6,000, THE LEE
COUNTY SENIOR WINTER NATIONALS SOFTBALL
TOURNAMENT NOVEMBER 6-11, 2019 UP TO $5,250, AND
THE PARADISE COAST SOFTBALL INVITATIONAL
NOVEMBER 15-17, 2019 UP TO $7,750 FOR A TOTAL UP TO
$19,000 FOR THREE EVENTS AND MAKE A FINDING THAT
THESE EXPENDITURES PROMOTE TOURISM (ALL
DISTRICTS)
Item #16F2
TOURIST DEVELOPMENT TAX PROMOTION FUNDS TO
SUPPORT THE UPCOMING NOVEMBER 2019 SPORTS
TOURISM EVENT THE WOMEN’S TEAMS INTERSECTIONAL
TOURNAMENT NOVEMBER 11-17, 2019 UP TO $5,040 AND
MAKE A FINDING THAT THIS EXPENDITURES PROMOTE
TOURISM (ALL DISTRICTS)
Item #16F3 – Moved to Item #11I (Per Agenda Change Sheet)
Item #16F4
RESOLUTION 2019-186: A RESOLUTION APPROVING
AMENDMENTS (APPROPRIATING GRANTS, DONATIONS,
October 8, 2019
Page 279
CONTRIBUTIONS OR INSURANCE PROCEEDS) TO THE
FISCAL YEAR 2019-20 ADOPTED BUDGET (ALL DISTRICTS)
Item #16G1
RESOLUTION 2019-187: CHAIRMAN TO EXECUTE THE
ATTACHED RESOLUTION AUTHORIZING EXECUTION OF
AMENDMENT NO. 1 TO THE PUBLIC TRANSPORTATION
GRANT AGREEMENT (PTGA) G0Z16 WITH THE FLORIDA
DEPARTMENT OF TRANSPORTATION FOR ADDITIONAL
FUNDING FOR SECURITY ENHANCEMENTS AT THE
IMMOKALEE REGIONAL AIRPORT (DISTRICT 5)
Item #16G2
RESOLUTION 2019-188: CHAIRMAN TO EXECUTE THE
ATTACHED RESOLUTION AUTHORIZING EXECUTION OF
AMENDMENT NO. 1 TO THE PUBLIC TRANSPORTATION
GRANT AGREEMENT (PTGA) G0Z12 WITH THE FLORIDA
DEPARTMENT OF TRANSPORTATION FOR ADDITIONAL
FUNDING FOR THE REHABILITATION OF RUNWAY 18/36 AT
THE IMMOKALEE REGIONAL AIRPORT (DISTRICT 5)
Item #16G3
RESOLUTION 2019-189: CHAIRMAN TO EXECUTE THE
ATTACHED RESOLUTION AUTHORIZING EXECUTION OF
JOINT PARTICIPATION AGREEMENT CONTRACT NO. G0E50
SUPPLEMENT TWO WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION IN THE AMOUNT OF $3,599,620 FOR
SUPPLEMENTAL STATE GRANT FUNDING TO BE APPLIED
October 8, 2019
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TO THE PREVIOUSLY BOARD APPROVED CONSTRUCTION
CONTRACT FOR THE NEW TERMINAL FACILITY WITH
ASSOCIATED LANDSIDE IMPROVEMENTS AT THE MARCO
ISLAND EXECUTIVE AIRPORT (DISTRICT 1)
Item #16H1 – Moved to Item #10B (Per Agenda Change Sheet)
Item #16H2
OFFICIALLY NAME THE SPECIAL NEEDS SAILING AREA
ASSOCIATED WITH SUGDEN PARK THE MURDO SMITH
ADAPTIVE SAILING CENTER (DISTRICT 3)
Item #16I1
MISCELLANEOUS CORRESPONDENCE (ALL DISTRICTS) –
ITEMS TO FILE FOR THE RECORD
October 8, 2019
Page 281
Item #16J1
DESIGNATE THE SHERIFF AS THE OFFICIAL APPLICANT
AND POINT OF CONTACT FOR THE U.S. DEPARTMENT OF
JUSTICE, OFFICE OF JUSTICE PROGRAMS, BUREAU OF
JUSTICE ASSISTANCE EDWARD BYRNE MEMORIAL
JUSTICE ASSISTANCE GRANT (JAG) FY19 LOCAL
STANDARD GRANT. AUTHORIZE THE ACCEPTANCE OF
THE GRANT WHEN AWARDED, APPROVE ASSOCIATED
BUDGET AMENDMENTS AND APPROVE THE COLLIER
COUNTY SHERIFF’S OFFICE TO RECEIVE AND EXPEND 2019
JAG STANDARD GRANT FUNDS (ALL DISTRICTS)
Item #16J2
BOARD OF COUNTY COMMISSIONERS, THE CHECK
NUMBER (OR OTHER PAYMENT METHOD), AMOUNT,
PAYEE, AND PURPOSE FOR WHICH THE REFERENCED
DISBURSEMENTS WERE DRAWN FOR THE PERIODS
BETWEEN SEPTEMBER 12, 2019 AND SEPTEMBER 25, 2019
PURSUANT TO FLORIDA STATUTE 136.06 (ALL DISTRICTS)
Item #16J3
DETERMINE VALID PUBLIC PURPOSE FOR INVOICES
PAYABLE AND PURCHASING CARD TRANSACTIONS AS OF
OCTOBER 2, 2019 (ALL DISTRICTS)
Item #16K1
AMENDMENT TO AGREEMENT FOR LEGAL SERVICES FOR
October 8, 2019
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THE RETENTION AGREEMENT WITH MCLAUGHLIN &
STERN, LLP – FOR PROFESSIONAL SPECIALIZED LEGAL
SERVICES AND EXTENDING THE TERM OF THE
AGREEMENT FOR AN ADDITIONAL TWO YEAR TERM WITH
THREE ON YEAR RENEWALS (ALL DISTRICTS)
Item #16K2
RESOLUTION 2019-190: REAPPOINT A MEMBER TO THE
INDUSTRIAL DEVELOPMENT AUTHORITY – REAPPOINTING
BARBARA M. ROSENBERG WITH TERM EXPIRING ON
OCTOBER 9, 2023 (ALL DISTRICTS)
Item #16K3
RESOLUTION 2019-191: APPOINT A MEMBER TO THE
GOLDEN GATE ESTATES LAND TRUST COMMITTEE –
APPOINTING JESSICA HARRELSON WITH TERM EXPIRING
ON OCTOBER 13, 2023 (DISTRICT 5)
Item #16K4
RESOLUTION 2019-192: REAPPOINT A MEMBER TO THE
GOLDEN GATE BEAUTIFICATION ADVISORY COMMITTEE –
REAPPOINTING PAULA ROGAN WITH TERM EXPIRING ON
OCTOBER 6, 2023 (DISTRICT 3)
Item #16K5
RESOLUTION 2019-193: REAPPOINT TWO MEMBERS TO
THE AFFORDABLE HOUSING ADVISORY COMMITTEE –
October 8, 2019
Page 283
REAPPOINTING STEPHEN J. HURBY AND LITHA BERGER
BOTH WITH TERMS EXPIRING ON OCTOBER 1, 2022 (ALL
DISTRICTS)
Item #17A
ORDINANCE 2019-32: AN ORDINANCE AMENDING
ORDINANCE NUMBER 2019-15, THE FIDDLER’S CREEK
COMMUNITY DEVELOPMENT DISTRICT, TO CORRECT A
SCRIVENER’S ERROR RELATED TO EXHIBITS A AND B
(DISTRICT 1)
*****
October 8, 2019
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 6: 10 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAJ i e;T ' k.DER ITS CONTROL
WILL AM L. McDANIEL, JR., CHAIRMAN
ATTEST
CRYSTAL K. KINZEL, CLERK
hq_
•
.1 st as to Chairman:s' . . l,.
signature only. '' • sif 7'�
These minutes approved by the Board on NfDli, , as
l
presented v or as corrected
TRANSCRIPT PREPARED ON BEHALF OF U.S. LEGAL
SUPPORT, INC., BY TERRI LEWIS, COURT REPORTER AND
NOTARY PUBLIC.
Page 284